|
|
Legal Dictionary S
TOP
Sanction :
This is a very unusual word with two contradictory meanings. To
"sanction" can mean to ratify or to approve but it can also mean to
punish. The "sanction" of a crime refers to the actual punishment,
usually expressed as a fine or jail term.
TOP
Sanctuary :
A special criminal law option available in Medieval times to persons
who had just committed a crime, allowing them to seek refuge in a church
or monastery. There, they could be exempted from the normal prosecution
which, in those days, was quite severe (see, for example, The Law's Hall
of Horrors). But the ordeal, even within sanctuary, was no piece of
cake. The fugitive had to remain within the walls of the sanctuary,
abandon his or her oath to the king, followed which they had a short
period of time to leave the country. They were considered to be "dead",
so much so that their land was forfeited to the King and their wife
considered to be a widow. If they refused to renounce their oath, they
could be starved out of the sanctuary. Henry VIII of England even took
to branding them with a hot iron before they left the country just in
case they tried to return; they could then be quickly spotted and
arrested. Abolished from the common law in 1624 and, in France, at the
time of the Revolution, the principle of sanctuary continues today, in
somewhat altered form, as diplomatic asylum under international law.
TOP
Scienter :
Latin for knowledge. In legal situations, the word is usually used
to refer to "guilty knowledge". For example, owners of vicious dogs may
be liable for injuries caused by these dogs if they can prove the
owner's "scienter" (i.e. that the owner was aware, before the attack, of
the dog's vicious character).
TOP
Search warrant :
A court order (i.e. signed by a judge) that gives a police the
permission to enter private property and to search for evidence of the
commission of a crime, for the proceeds of crime or property that the
police suspect may be used to commit a crime. These court orders are
obtained on the basis of a sworn statement by the requesting law
enforcement officer and will precisely describe the place to be searched
and, in some cases, the exact property being sought.
TOP
Seisin :
The legal possession of property. In law, the term refers more
specifically to the possession of land by a freeholder. For example, a
owner of a building has seisin, but a tenant does not, because the
tenant, although enjoying possession, does not have the legal title in
the building.
TOP
Sentence :
The punishment given to a person who has been convicted (i.e. found
to be guilty) of a crime. It may be time in jail, community service or a
period of probation.
TOP
Sequestration :
The taking of someone's property, voluntarily (by deposit) or
involuntarily (by seizure), by court officers or into the possession of
a third party, awaiting the outcome of a trial in which ownership of
that property is at issue. Servient tenement The land which suffers or
has the burden of an easement. The beneficiary of the easement is called
a dominant tenement.
TOP
Servitude :
From Roman law, referring to rights of use over the property of
another; a burden on a piece of land causing the owner to suffer access
by another. An easement is type of servitude as is a profit á prendre.
TOP
Settlor :
The person who actually creates a trust by donating property to be
managed and administered by a trustee but from which all profits would
go to a beneficiary. The law books of some countries refer to this
person as a "donor."
TOP
Sexual harassment :
A term used in human rights legislation and referring primarily to
harassment in employment situations, related to sex or gender, which
detrimentally affects the working environment. The most overt variation
of sexual harassment is the quid pro quo offer of work-favor in exchange
for sexual favor.
TOP
Sexual intercourse :
Penetration of a man's penis into a woman's vagina.
TOP
Share :
A portion of a company bought by a transfer of cash in exchange for
a certificate, the certificate constituting proof of share ownership.
Persons owning shares in a company are called "shareholders". There are
two basic kinds of shares: common and preferred. A shareholder is not
liable for the debts or other obligations of the company except to the
extent of any commitment made to buy shares. The two other benefits of
shares include a right to participate in profits (through dividends) and
the right to share the residue of assets of the company, once
liabilities have been paid off, if it is ever dissolved.
TOP
Shareholder agreement :
A contract between the shareholders of the company and the company
itself, in which certain things, usually the purview of the board of
directors, are detailed. For example, a shareholder might be allowed to
manage the company, instead of a board of directors. The shareholder
agreement will also, typically, control inflows to the company (purchase
of shares), how profits are to be distributed, dispute resolution and
what to do if a shareholder dies.
TOP
Silent partner :
A person who invests in a company or partnership but does not take
part in administering or directing the organization; he or she just
shares in the profits or losses.
TOP
Sine die :
Adjourned without giving any future date of meeting or hearing. A
court that adjourns sine die essentially dismisses the case by saying
that it never wants to hear the case again! A meeting which adjourns
sine die has simply not set a date for it's next meeting.
TOP
Slander :
Verbal or spoken defamation. Slander of title Intentionally casting
aspersion on someone's property including real property, a business or
goods (the latter might also be called "slander of goods"). A form of
jactitation. For example, stating that a house is haunted or alleging
that a certain product infringes a patent or copyright.
TOP
Slavery :
When a person (called "master") has absolute power over another
(called "slave") including life and liberty. The slave has no freedom of
action except within limits set by the master. The slave is considered
to be the property of the master and can be sold, given away or killed.
All the fruits of the slave's labor belongs to the master (see, for
example, the extract from The 1740 South Carolina Slave Code in the
History of the Law). Slavery was once very prevalent in the world but is
now illegal in most countries.
TOP
Small claims :
A regular court but which has simplified rules of procedure and
process to deal with claims of a lesser value. Many jurisdictions have
established small claims courts which, because of their structures and
reliance on deformalized proceedings, allow for expedited hearings and
where representation by lawyer is not required or encouraged. Some
typical distinctive characteristics of small claims courts include the
ability to serve by regular mail and to seize both a court and an
adversary at far less cost than in ordinary courts.
TOP
Socage :
A term of the feudal system which referred to the tenure which was
exchanged for certain goods or services which were not military in
nature. Socage : is often described as "free and common socage" although
the "free and common" qualification is now of a purely historical
significance.
TOP
Sodomy :
Synonymous with buggery and referring to "unnatural" sex acts,
including copulation, either between two persons of the same sex or
between a person and an animal (the latter act is known as
"bestiality"). Most countries outlaw bestiality but homosexual activity
is gradually being decriminalized.
TOP
Solicitor :
A lawyer that restricts his or her practice to the giving of legal
advice and does not normally litigate. that court room. In England and
some other Commonwealth jurisdictions, a legal distinction is made
between solicitors and barristers, the former with exclusive privileges
of giving oral or written legal advice, and the latter with exclusive
privileges of preparing and conducting litigation in the courts. In
other words, solicitors don't appear in court on a client's behalf and
barristers don't give legal advice to clients. In England, barristers
and solicitors work as a team: the solicitor would typically make the
first contact with a client and if the issue cannot be resolved and
proceeds to trial, the solicitor would transfer the case to a barrister
for the duration of the litigation. Lawyers in some states, such as
Canada, sometimes use the title "barrister and solicitor" even though,
contrary to England, there is no legal distinction between the advising
and litigating roles. Canadian lawyers can litigate or give legal advice
(as is the case in the USA, where lawyers are referred to as
"attorneys").
TOP
Sovereign :
Has two meanings. The first one is a technical word for the monarch
(king or queen) of a particular country as in "the Sovereign of England
is Queen Elizabeth." The other meaning of the word is to describe the
supreme legislative powers of a state: that they are totally independent
and free from any outside political control or authority over their
decisions. The people of Quebec, for example, has, at times, supported
governments which have proposed that Quebec become a "sovereign" state;
that all legislative authority of the government of Canada over their
territory cease and that the government of Quebec be enabled to regulate
in any matter at all; and that the government of Quebec represent itself
internationally.
TOP
Split custody :
A child custody decision which means that legal custody goes back
and forth between parents like a ping-pong ball, as they, in turn, take
care of the child. They are very rare (for example, only 5% of all
custody orders in the USA) because they works against consistent
upbringing decisions for the child. Also known as "divided custody"
although the latter concept is mostly used to describe split custody
over greater periods of time such as alternate years with each parent.
TOP
Standing committee :
A term of parliamentary law which refers to those committees which
have a continued existence; that are not related to the accomplishment
of a specific, once-only task as are ad hoc or special committees.
Standing committees generally exist as long as the organization to which
it reports. Budget and finance or nomination committees are typical
standing committees of a larger organization.
TOP
Stare decisis :
A basic principle of the law whereby once a decision (a precedent)
on a certain set of facts has been made, the courts will apply that
decision in cases which subsequently come before it embodying the same
set of facts. A precedent which is binding; must be followed.
TOP
State :
A term of international law: those groups of people which have
acquired international recognition as an independent country and which
have four characteristics; permanent and large population with,
generally, a common language; a defined and distinct territory; a
sovereign government with effective control; and a capacity to enter
into relations with other states (i.e. recognized by other states). The
USA, Canada and China are examples of states. States are the primary
subjects of international law. The United Nations is comprised of all
the states of the world. Some large states have subdivided into smaller
units each having limited legislative powers normally restricted to
subjects which are more properly regulated at a local, rather than a
national level. Thus, the states of the USA are not really "states"
under international law. It is common for the general public and English
dictionaries to use the word "nations" to refer to what international
law calls "states."
TOP
Statutes : The written laws approved by
legislatures, parliaments or houses of assembly (i.e., politicians).
Also known as "legislation". The written laws of the Canadian Province
of Newfoundland, for example, are in a multi-volume set of books called
the Statutes of Newfoundland.
TOP
Statutory rape :
The common law definition of rape has not proven adequate to reflect
modern values. It is limited to sex without consent and with a woman,
and only where the victim is not the wife of the rapist. Many states
have enacted laws which include under the charge of rape, sex with a
minor even if done with the minor's consent, sex without consent
regardless of whether the victim is male or female, and sex without
consent regardless of the matrimonial bond between victim and rapist.
TOP
Statutory trust :
A trust created by the effect of a statute. They are usually
temporary in nature and serve the purpose of bridging ownership of
property to benefit a certain class of individuals which the statute is
designed to protect. Some examples are the temporary trusts that the law
of some states impose on the executor of an estate, the holding and
administration of tax or other pay deductions (including vacation pay)
by employers, the trust accounts of lawyers and the statutory trust on
money paid for a construction project on behalf of any person who might
have a construction lien on the property.
TOP
Stirpes :
Latin: the offspring of a person; his or her descendants. For
example, inheriting per stirpes means having a right to a deceased's
estate because you happen to be a descendant of the deceased.
TOP
Strict liability :
Tort liability which is set upon the defendant without need to prove
intent, negligence or fault; as long as you can prove that it was the
defendant's object that caused the damage.
TOP
Subinfeudation :
The process whereby, under the feudal system of tenure, a person
receiving a grant of land from a lord, could himself become a lord by
subdividing and subletting that land to others.
TOP
Sub judice :
A matter that is still under consideration by a court. You will hear
of politicians declining to speak on a certain subject because the
subject matter is "sub judice".
TOP
Subordination :
To be subject to the orders or direction of another; of lower rank.
TOP
Subpoena :
Latin: an order of a court which requires a person to be present at
a certain time and place or suffer a penalty (subpoena means, literally,
"under penalty"). This is the traditional tool used by lawyers to ensure
that witnesses present themselves at a given place, date and time to
make themselves available to testify (see also duces tecum).
TOP
Subrogation :
When you pay off someone's debt and then try to get the money from
the debtor yourself. (Compare with "novation".)
TOP
Subservient tenement :
The real property that supports or endures an easement. The real
property benefitting from an easement is called the dominant tenement.
TOP
Substituted service :
If a party appears to be avoiding service of court documents, a
request may be made with the court to, instead of personal service (i.e.
giving the document directly to the person), that the document be
published in a local newspaper, served on a person believed to frequent
the person or mailed to his (or her) last known address.
TOP
Successor :
A person who takes over the rights of another.
TOP
Sui juris :
A person who possesses full civil rights and is not under any legal
incapacity such as being bankrupt, of minor age or mental incapacity.
Most adults are sui juris.
TOP
Summary conviction offence :
In Canada, a less serious offence than indictable offences for which
both the procedure and punishment tends to be less onerous.
TOP
Summons :
In the USA, this is one of the initial documents issued in a civil
suit; giving the defendant notice of the claim and an opportunity to
defend it. The summons also gives the court which issues it the
authority to dispose of the matter. In Canadian criminal law, this is
the document used by the police to compel an accused to attend court to
answer the charges. It does not involve the arrest of the accused and is
used where the police, either by the relatively less serious nature of
the crime or because of the standing of the accused in the community, do
not believe that arrest is necessary to ensure the attendance of the
accused at court.
TOP
Surety :
The person who has pledged him or herself to pay back money or
perform a certain action if the principal to a contract fails, as
collateral, and as part of the original contract. Technically, where a
person provides collateral after or before the original contract is
signed, and as a separate contract, the person is called a "guarantor"
and not a "surety."
TOP
Synallagmatic contract :
A civil law term for a reciprocal or bilateral contract: one in
which both parties provide consideration. A contract of sale is a
classic example, where one party provides money and the other, goods or
services. A gift is not a synallagmatic contract.
|
|
|