This information is provided by Colorado Legal Services. It is intended as general information only, and is not meant as legal advice for any specific situation. If you need legal advice, consult an attorney.

Understanding 'Legal Talk'   (S-Z)  
What is the word that you don't understand? Click on the first few letters to find a word and its definition.

S-  sa-si   sj-sq   sr-sz     T-  ta-ti   tj-tq   tr-tz     U-  ua-ui   uj-uq   ur-uz
V-  va-vn   vo-vz     W- wa-wn  wo-wz     X-Z

S

search warrant
A written order issued by a judge that allows a law enforcement officer to search a specific area for a particular piece of evidence.

seal
To mark a document with a seal. Usually, affixing a seal is used to authenticate a document or make it binding.

secondary authority
Legal encyclopedias, treatises, legal texts, law review articles, and citators which set forth the opinion of the writer(s) as to the law. These are different from statutes or cases which are called primary authority.

secured debts
A debt is secured if the debtor gave the creditor a right to take back, or repossess, the property or goods used as collateral.

Securities an Exchange Commission (SEC)
A federal agency that monitors the securities industry.

self-defense
The claim that an otherwise criminal act was justified because necessary to protect a person from another.

self-incrimination, privilege against
The constitutional right of people to refuse to give testimony about themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution. When someone asserts this right it is often called "taking the Fifth."

self-proving will
A will having an attached affidavit signed by a notary public that shows the will was properly signed, witnessed, and the will is of the person who signed it. Many states accept these affidavits so to avoid the difficult process of tracking down the witnesses to the will.

sentence
The punishment ordered by a court for a defendant convicted of a crime.

sequester
To separate. In some cases, a jury might be sequestered so that they are not influenced by outside events. For example, this may occur during a highly publicized trial.

sequestration of witnesses
Keeping all witnesses (except the plaintiff and defendant) out of the courtroom except for the time they testify and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses."

service of process
The delivering of writs, summonses, and subpoenas to the party named in the document. Also referred to as "service."

settlement
An agreement between the parties to end a lawsuit.

settlor
The person who creates and funds a trust. Also known as a trustor or grantor.

shepardizing
Method used to find what later cases have said about a prior case. This is needed to ensure cases cited have not been overruled.

sheriff
In some areas, this is the executive officer of local court. In other jurisdictions, the sheriff is the chief law enforcement officer of a county.

Sherman Act
The basic antitrust statute that prohibits unreasonable interference, conspiracy, restraint of trade, or monopolies.

sidebar
A conference between the judge and lawyers. Usually, this takes place in the courtroom but out of earshot of the jury and spectators.

simple will
A simple will provides for the distribution of all assets of an uncomplicated estate with no specific gifts to specific individuals. Generally, a simple will leaves everything to a spouse or grown children. Many wills are not simple, and an attorney will charge more for a more complicated will.

slander
Spoken words that tend to injure a person's reputation.

Small Business Administration (SBA)
A federal agency that provides assistance of all kinds, including loans, to small businesses.

small claims court
A state court that handles civil claims for small amounts of money. In small claims court, people often represent themselves instead of hiring an attorney.

Social Security
Begun in 1935, this is a system of federal, old-age pensions for employed persons. A portion of wages are deducted from the employee's salary to go into Social Security. In addition, an equal portion is contributed to Social Security by the employer.

Social Security Administration (SSA)
The federal agency that administers the national social security program.

Social Security Tax
A payroll deduction based on gross wages paid, usually noted on the paystub as FICA. This is the amount paid to Social Security and matched by the employer.

sovereign immunity
The doctrine that the government is immune to lawsuit unless it consents to being sued.

specific performance
A remedy requiring a person who has breached a contract to perform what he or she had agreed to do in the contract. Specific performance will be ordered in a case where money damages would be inadequate to compensate for the breach.

spendthrift trust
A trust set up for the benefit of a person that the creator of the trust believes would be incapable of managing his or her own financial affairs.

springing durable power of attorney
A durable power of attorney which becomes effective only upon the principal's incapacity.

standard of proof
The degree to which a point must be proven. In a civil case, the burden of proof rests with the plaintiff, and common standards include "preponderance of evidence" or "clear and convincing evidence." In a criminal case, the burden of proof rests with the prosecution who must meet the standard of "beyond a reasonable doubt."

standing
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

status offenders
Term describing youths charged with being beyond the control of their legal guardian, habitually disobedient, or truant from school, or having committed other acts that would not be a crime if committed by an adult, like smoking. Also referred to as minors or children in need of supervision.

statute
Legislative enactment. A statute may be a single act of a legislature or a body of acts which are collected and arranged for a legislative session.

statute of frauds
The requirement that certain contracts be in writing.

statute of limitations
A statute that limits the time in which a plaintiff can file an action.

statutory
Created or defined by a law, or relating to a statute

statutory construction
Process by which a court interprets the meaning and scope of legislation.

statutory law
Laws promulgated by Congress and state legislatures.

statutory research
Research of legislation enacted by a state or the United States.

stay
A court order halting a judicial proceeding.

stipulation
An agreement between the parties about minor matters involved in the trial.

strict liability
Liability even when there is no proof of negligence. Most often, this is applicable in product liability cases against manufacturers. The manufacturers may be legally responsible for injuries caused by defects in their products even if the products were not produced negligently.

strike
Noting evidence that has been improperly offered and will not be relied upon.

subject research
Determining all of the law related to a matter by finding everything on the subject.

subpoena
A command to appear at a certain time and place to give testimony about a certain matter.

Subpoena Duces Tecum
A court order commanding a witness to bring certain documents or records to court.

substantive criminal law
The basic law of rights and duties. This is different from "remedial law" which provides methods of enforcement.

substantive law
The law that governs rights and obligations of those who are subject to it.

summary judgment
A judgment given on the basis of pleadings, affidavits, and exhibits, not given after a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to a judgment as a matter of law.

summons
Document used to commence a civil action or special proceeding, or the means of requiring a party to come to court.

Supplemental Security Income (SSI)
A federal cash payment program which provides monthly payments to poor persons who are aged, blind, or disabled.

support trust
A trust that allows the spending of only as much income as is needed to provide basic support for the beneficiary.

suppress
To forbid the use of evidence at a trial because it is improper or was improperly obtained.

surety bond
A bond purchased by the decedent's estate to insure the executor's proper performance. Also referred to as "fidelity bond."

suspension
A temporary loss of the right to practice law by an attorney.

Sustain
A court ruling upholding an objection or a motion.

T

Tangible Personal Property Memorandum (TPPM)
A document referred to in a will and used to help distribute tangible personal property.

tangible property
Property that has physical substance and can be touched. Anything other than real estate or money, including furniture, cars, jewelry, and china. Intangible property, like a share of stock, lacks this physical quality.

taxable income
The income used to compute how much tax to pay. The gross income of a business or adjusted gross income of an individual minus deductions and exemptions.

Tax Court of the United States
A judicial body that hears cases concerning federal tax laws.

temporary relief
Action by a court granting one of the parties protection until further action is taken by the court.

temporary restraining order (TRO)
An emergency remedy that prevents some action for a brief period of time. The court will issue a TRO only in exceptional circumstances, such as when immediate or irreparable damage might result otherwise.

tender of performance
An attempt to do what is required under a contract.

testamentary
Providing for the disposition of someone's property after death by a will. State statutes must be complied with in order for the will to be valid.

testamentary capacity
The legal ability to make a will.

testamentary trust
A trust set up by a will. Typically comes into existence after the writer of the will dies.

testator
The person who makes a will. If this person it is a female, testatrix.

testimony
The evidence given by a witness under oath. The term does not include evidence from documents and other physical evidence.

third-party complaint
A petition filed by a defendant against a third party that is not a party to the suit. The complaint alleges that the third party is liable for all or a part of the damages plaintiff may win from defendant.

title
Legal ownership of property, usually real property or automobiles.

tort
A wrong or injury for which the court provides a remedy through a civil action for damages.

totten trust
A bank account with a person named to receive the balance upon the death of the account holder. Upon the death of the account holder, the money transfers automatically to the beneficiary. Also referred to as P.O.D. account (payable on death).

trademark
A word, name, symbol, or devise used by a manufacturer to distinguish his goods from those sold by others.

transcript
A written, word-for-word record of what was said. Usually, the term refers to a record of a trial, hearing, or other proceeding.

transmittal form
The form required in certain courts for transmitting documents.

treatise
A formal writing that contains a narrative statement about a field of law.

trial
A judicial examination of issues between parties to an action.

trial brief
A written document prepared for and used by an attorney at trial. It contains the issues to be tried, a summary of the evidence to be presented, and case and statutory authority to for the attorney to use in making the case.

trust
A legal device used to manage real or personal property, established by one person (a grantor or settlor) for the benefit of another (a beneficiary).

trust agreement or declaration
The legal document that sets up a living trust. A testamentary trust is set up in a will.

trustee
The person that manages the property put into a trust.

truth in lending
Statutes which provide that accurate and understandable cost of credit information be provided to a credit customer.

U

unfair labor practice
Actions by an employer that interfere with the rights of employees.

Uniform Commercial Code (U.C.C.)
A uniform law governing commercial transactions. The U.C.C. has been adopted by all states except Louisiana.

uniform laws
Uniform and model acts approved by the National Conference of Commissioners on Uniform State Laws.

unilateral contract
An agreement where one performs an act without receiving any promise of performance in exchange.

union
An organization of workers formed for the purpose of collective bargaining.

United States Attorney
A federal district attorney appointed by the President to prosecute for all offenses committed against the United States. This attorney also prosecutes or defends the government in all civil actions and performs all duties of the district to which he/she is assigned.

United States Bankruptcy Court
The court that hears matters pertaining to bankruptcy and reorganization.

United States Court of Appeals
Courts that hear appeals from federal district courts, bankruptcy courts, and tax courts.

United States Court of Claims
Court that hears actions against the U.S. Government.

United States Court of Military Appeals
Court that hears appeals from court marshal decisions.

United States Court of Customs & Patent Appeals
Court that hears appeals from all U.S. customs courts.

United States Court of International Trade
Court that hears cases concerning federal tariff laws.

United States District Courts
Courts that try criminal, civil, and admiralty actions.

United States Magistrate Judge
This court hears all preliminary criminal matters, but not felony trials, and any pretrial civil matters referred to it by a district court. If all parties consent, criminal misdemeanor and civil trials can be heard by this court.

United States Marshal's Service
Agency that serves civil and criminal process in federal courts.

United States Reports
Publication of court decisions of the United States Supreme Court.

United States Supreme Court
The highest court in the land, established by U.S. Constitution.

unlawful detainer
A detention of real estate without the consent of the owner or person entitled to possession of the real estate.

unliquidated debt
The remaining, but not yet determined, amount of money owed

unsecured debts
In bankruptcy, debts such as open accounts on credit cards for which the debtor has not pledged collateral to guarantee payment.

urban
A city or town.

usury
Refers to the illegal practice of charging interest on a loan above the maximum rate allowed by statute.

V

vacate
To set aside, as in to vacate the decision of a lower court.

venire
A writ requiring a person to come to court and act as a juror.

venue
Refers to the geographical authority of a court to hear a matter.

verdict
The conclusion, as to fact or law, that forms the basis for the court's decision.

Veterans' Administration (VA)
The federal agency that administers a system of benefits for veterans and their dependents.

Visa
An official endorsement on a document or passport denoting that the holder of the document may proceed.

void
Invalid; for example, a void agreement is one for which there is no remedy.

voidable
Capable of being declared invalid; for example, a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.

voir dire
The preliminary examination made in court of witnesses or jurors to determine their interests in a matter.

voluntary bankruptcy
Situation where a debtor voluntarily asks for a discharge of his debts under the Bankruptcy Code.

W

Wage Earner's Plan
The plan a debtor files proposing a payment of a percentage of debts from future earnings. Chapter 13 of the Bankruptcy Code allows this.

waiver
An intentionally given-up right.

waiver of immunity
The means by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself. Thus, it will be possible for his or her testimony to be used against him or her in future proceedings.

warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application for a warrant must be accompanied by an affidavit that establishes probable cause by detailing the facts upon which the request is based.

warranty
A promise that a proposition of fact is true.

warranty deed
A deed which guarantees that the title conveyed is good and its transfer rightful.

water rights
The right to use water.

will
A legal declaration that disposes of a person's property when that person dies.

withholding
A tax deducted from a salary, wage, or other income. For example, a certain amount is withheld from most workers' paychecks as a federal income tax withholding.

with prejudice
A declaration that dismisses all rights. For example, a judgment with prejudice bars the right to bring or maintain an action on the same claim or cause.

without prejudice
A declaration that no rights of the party concerned are waived or lost. For example, a judgment without prejudice does not bar the right to bring or maintain an action on the same claim or cause.

witness
One who personally sees or perceives a thing. Also, one who testifies as to what he has seen, heard, or otherwise observed.

Words and Phrases Legally Defined
A set of books in dictionary form that lists judicial determinations of a word or phrase.

worker's compensation
A state system that handles claims of workers injured on their jobs.

writ
A judicial order directing a person to do something.

writ of certiorari
An order issued by the Supreme Court directing a lower court to send its records for a case because the Supreme Court will hear the case on appeal.

writ of execution
An order of the court evidencing debt of one party to another and commanding the court officer to take the debtor's property to satisfy the debt.

writ of garnishment
An order of the court whereby property, money, or credits of another person may be seized and applied to pay a debt.

X

(no terms available)

Y

(no terms available)

Z

Zoning Commission
Local agencies that regulate the use of real estate within their geographic area.

This glossary is composed by combining information from the legal glossaries of the AARP Legal Solutions website, and from the U.S. Courts District of Idaho website.