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Legal Dictionary

  
  
 
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 

straw man

n. 1) a person to whom title to property or a business interest is transferred for the sole purpose of concealing the true owner and/or the business machinations of the parties. Thus, the straw man has no real interest or participation but is merely a passive stand-in for a real participant who secretly controls activities. Sometimes a straw man is involved when the actual owner is not permitted to act, such as a person with a criminal record holding a liquor license. 2) an argument which is intended to distract the other side from the real issues or waste the opponent's time and effort, sometimes called a "red herring" (for the belief that drawing a fish across a trail will mislead hunting dogs).

street

n. a roadway in an urban area, owned and maintained by the municipality for public use. A private road cannot be a street.

strict construction

(narrow construction) n. interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes. By contrast "broad construction" looks to what someone thinks was the "intent" of the framers' language and expands and interprets the language extensively to meet current standards of human conduct and complexity of society.

strict liability

n. automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. This is analogous to the doctrine of res ipsa loquitur in which control, ownership and damages are sufficient to hold the owner liable.

strike

1) v. to remove a statement from the record of the court proceedings by order of the judge due to impropriety of a question, answer or comment to which there has been an objection. Often after a judge has stricken some comment or testimony (an answer made before an objection has stopped the witness), he/she admonishes (warns) the jury not to consider the stricken language, but the jury has a hard time forgetting since "a bell once rung cannot be unrung." 2) v. to order that language in a pleading (a complaint or an answer, for example) shall be removed or no longer be of any effect, usually after a motion by the opposing party and argument, on the basis that the language (which may be an entire cause of action) is not proper pleading, does not state a cause of action (a valid claim under the law) or is not in proper form. 3) n. the organized refusal of workers to remain on the job, usually accompanied by demands for a union contract, higher wages, better conditions or other employee desires, and possibly including a picket line to give voice to workers' demands and discourage or intimidate other workers and customers from entering the business, factory or store.

structure

n. anything built by man/woman, from a shed to a highrise or a bridge.

sua sponte

(sooh-uh spahn-tay) adj. Latin for "of one's own will," meaning on one's own volition, usually referring to a judge's order made without a request by any party to the case. These include an order transferring a case to another judge due to a conflict of interest or the judge's determination that his/her court does not have jurisdiction over the case.

subcontractor

n. a person or business which has a contract (as an "independent contractor" and not an employee) with a contractor to provide some portion of the work or services on a project which the contractor has agreed to perform. In building construction, subcontractors may include such trades as plumbing, electrical, roofing, cement work and plastering. If a subcontractor is not paid for his/her work, he/she has the right to enforce a "mechanic's lien" on the real property upon which the work was done to collect.

subject to

adj. referring to the acquisition of title to real property upon which there is an existing mortgage or deed of trust when the new owner agrees to take title with the responsibility to continue to make the payments on the promissory note secured by the mortgage or deed of trust. Thus, the new owner (grantee) buys the property "subject to" secured debt. However, should the new owner fail to pay, the original debtor will be liable for the payment, but the holder of the mortgage or beneficiary of the deed of trust may foreclose and the buyer could thus lose title. This differs from the new title holder "assuming" the mortgage or deed of trust by a written transfer of the obligation. Such a transfer must be approved by the lender, since the new owner's credit may or may not be as strong as the original owner/borrower's.

sublease

n. the lease to another of all or a portion of premises by a tenant who has leased the premises from the owner. A sublease may be prohibited by the original lease, or require written permission from the owner. In any event, the original tenant (lessee) is still responsible for paying the rent to the owner (landlord/lessor) through the term of the original lease and sublease.

submitted

n. the conclusion of all evidence and argument in a hearing or trial, leaving the decision in the hands of the judge. Typically the judge will ask the attorneys after final arguments: "Is it submitted?" If so, no further argument is permitted.

subordination

n. allowing a debt or claim which has priority to take second position behind another debt, particularly a new loan. A property owner with a loan secured by the property who applies for another loan to make additions or repairs usually must get a subordination of the original loan so the new obligation is in first place. A declaration of homestead must always be subordinated to a loan.

subordination agreement

n. a written contract in which a lender who has secured a loan by a mortgage or deed of trust agrees with the property owner to subordinate the first loan to a new loan (thus giving the new loan priority in any foreclosure or payoff). The agreement must be acknowledged by a notary so it can be recorded in the official county records.

subornation of perjury

n. the crime of encouraging, inducing or assisting another in the commission of perjury, which is knowingly telling an untruth under oath.

subpena

(suh-pea-nah) n. an order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness (if a "subpena duces tecum"). A subpena is used to obtain testimony from a witness at both depositions (testimony under oath taken outside of court) and at trial. Subpenas are usually issued automatically by the court clerk but must be served personally on the party being summoned. Failure to appear as required by the subpena can be punished as contempt of court if it appears the absence was intentional or without cause.

subpena duces tecum

(suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm): a court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. This subpena must be served personally on the person subpenaed. It is the common way to obtain potentially useful evidence, such as documents and business records, in the possession of a third party. A subpena duces tecum must specify the documents or types of documents (e.g. "profit and loss statements of ABC Corporation for years 1987 through 1995, all correspondence in regard to the contract between ABC Corporation and XYZ Corporation") or it will be subject to an objection that the request is "too broad and burdensome." To obtain documents from the opposing party, a "Request for Production of Documents" is more commonly used. Failure to respond to a subpena duces tecum may subject the party served with the subpena to punishment for contempt of court for disobeying a court order.

subpoena

n. the original spelling of subpena, still commonly used.

subrogation

n. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her.

subrogee

n. the person or entity that assumes the legal right to attempt to collect a claim of another (subrogor) in return for paying the other's expenses or debts which the other claims against a third party. A subrogee is usually the insurance company which has insured the party whose expenses were paid. Thus, the subrogee insurance company may file a lawsuit against a party which caused the damages to its insured which the subrogee paid.

subrogor

n. a person or entity that transfers his/her/its legal right to collect a claim to another (subrogee) in return for payment of the subrogor's expenses or debts which he/she/it claims. Thus, a person injured in an accident (subrogor) is paid by his/her/its own insurance company (subrogee) for the damages, and then the insurance company sues the party who apparently caused the damages.

subscribe

v. 1) to sign at the end of a document. The courts have been flexible in recognizing signatures elsewhere on a contract or will, on the theory that a document should be found valid if possible. 2) to order and agree to pay for an issue of stock, bonds, limited partnership interest, investment or periodical magazine or newspaper.

substantial performance

n. in the law of contracts, fulfillment of the obligations agreed to in a contract, with only slight variances from the exact terms and/or unimportant omissions or minor defects. A simple test is whether the omission, variance or defect can be easily compensated for with money. Examples: a) the contract is for supplying 144 pumps for Rs 14,400, and only 140 were delivered; b) the real property was supposed to be 8 acres and only contained 7 acres. This constitutes substantial performance unless the loss of one acre is crucial to the value of the property (e.g. reduced the number of lots able to be subdivided).

substantive law

n. law which establishes principles and creates and defines rights limitations under which society is governed, as differentiated from "procedural law," which sets the rules and methods employed to obtain one's rights and, in particular, how the courts are conducted.

substitute in

v. to take over a case from another lawyer, which must be confirmed by a written statement filed with the court.

substituted service

n. accomplishing service (delivery) of legal documents required to be served personally by leaving the documents with an adult resident of the home of the person to be served, with an employee with management duties at the office of an individual, with such an employee at corporate headquarters, with a designated "agent for acceptance of service", or in some cases (like a notice to quit the premises) by posting in a prominent place followed by mailing copies by certified mail to the person to be served.

substitution

n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona).

substitution of attorney

n. a document in which the party to a lawsuit states that his/her attorney of record is being substituted for by another attorney or by the party acting for himself/herself (in propria persona). Normally the departing attorney and the replacement attorney will both sign the document, agreeing to the substitution, but only the new attorney need agree, since a party may replace counsel at any time.

succession

n. the statutory rules of inheritance of a dead person's estate when the property is not given by the terms of a will, also called laws of "descent and distribution."

successive sentences

n. in criminal law, the imposition of the penalty for each of several crimes, one after the other, as compared to "concurrent sentences" (at the same time). Example: Anthony has been found guilty of manslaughter, assault with a deadly weapon and armed robbery, for which the maximum sentences are 15 years, 10 years and 10 years, respectively. By imposing successive sentences, the judge adds the terms together and sentences convict to 35 years. Had the judge made the sentences concurrent, the maximum total would be 15 years.

suffering

n. the pain, hurt, inconvenience, embarrassment and/or inability to perform normal activities as a result of injury, usually in the combination "pain and suffering," for which a person injured by another's negligence or wrongdoing may recover "general damages" (a money amount not based on specific calculation like medical bills but as compensation for the suffering which is subjective and based on the empathy of the trier of the facts - jury or judge sitting without a jury).

sui generis

(sooh-ee jen-ur-iss) n. Latin for "one of a kind," unique.

suicide

n. the intentional killing of oneself. Ironically, its a crime, but if successful there is no one to punish. However, attempted suicide can be a punishable crime (seldom charged against one surviving the attempt). "Assisted suicide" is usually treated as a crime, as a form of homicide (second degree murder or manslaughter), even when done as a kindness to a loved one who is terminally ill and in great pain.

suit

n. generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity".

sum certain

n. a specific amount stated in a contract or negotiable instrument (like a promissory note) at the time the document is written. A sum certain does not require future calculation or the awaiting of future happenings.

summary adjudication of issues

n. a court order ruling that certain factual issues are already determined prior to trial. This summary adjudication is based upon a motion by one of the parties contending that these issues are settled and need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact by the opposing party and other discovery, as well as a legal argument (points and authorities). The other party may respond by counter-declarations and legal arguments attempting to show that these issues were "triable issues of fact." If there is any question as to whether there is conflict on the facts on an issue, the summary adjudication must be denied regarding that matter. The theory behind this summary process is to reduce the number of factual questions which will require evidence at trial and eliminate one or more causes of action in the complaint or conversely find a judgment for plaintiff. The motion for summary adjudication of issues often accompanies the broader motion for summary judgment, which can result in judgment on the entire complaint or some causes of action before the trial starts. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom such a motion is made.

summary judgment

n. a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as a legal argument (points and authorities), that argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any cause of action, then summary judgment must be denied as to that cause of action. The theory behind the summary judgment process is to eliminate the need to try settled factual issues and to decide without trial one or more causes of action in the complaint. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom the motion is made.

summation

n. the final argument of an attorney at the close of a trial in which he/she attempts to convince the judge and/or jury of the virtues of the client's case.

summons

n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. A summons differs from a subpena, which is an order to a witness to appear.

supersedeas

(sooh-purr-said-ee-uhs) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.

superseding cause

n. the same as an "intervening cause" or "supervening cause," which is an event which occurs after the initial act leading to an accident and substantially causes the accident. The superseding cause relieves from responsibility (liability) the party whose act started the series of events which led to the accident, since the original negligence is no longer the proximate cause

supplemental

adj. referring to anything that is added to complete something, particularly a document, such as a supplemental declaration, supplemental complaint, supplemental answer, supplemental claim.

suppression of evidence

n. 1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. 2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.

supra

(sooh-prah) Latin for "above," in legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned.

supreme court

n. the highest court in the Country, which has the ultimate power to decide constitutional questions and other appeals based on the jurisdiction granted by the Constitution, including cases based on statutes, between citizens of different states, and when the government is a party. The Chief Justice is appointed by the President.

surcharge

n. an additional charge of money made because it was omitted in the original calculation or as a penalty, such as for being late in making a payment.

surety

n. a guarantor of payment or performance if another fails to pay or perform, such as a bonding company which posts a bond for a guardian, an administrator or a building contractor. Most surety agreements require that a person looking to the surety (asking for payment) must first attempt to collect or obtain performance from the responsible person or entity.

surplusage

n. a term used in analyzing legal documents and pleadings to refer to wording or statements which have no legal effect and, therefore, can be ignored.

surrebutal

n. in written or oral legal argument, the response to the other party's response (rebuttal) to the initial argument. In written briefs most courts will not allow more than a single surrebutal. The rule is usually the same for oral argument. However, occasionally the parties joust back and forth until the judge stops the debate.

surrender

v. 1) to turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2) to give oneself up to law enforcement officials.

surrogate

n. a person acting on behalf of another or a substitute, including a woman who gives birth to a baby of a mother who is unable to carry the child.

 
 

Legal Dictionary (PDF File)

Black's Law Dictionary (PDF File)

Law Dictionaries (i.e. Black's Law Dictionary)

  • Barron's Dictionary of Legal Terms A simplified guide to the language of law.
  • Black's Law Dictionary 8th Edition Black’s Law Dictionary is the definitive legal resource for lawyers, law students and laypeople alike. Edited by the world’s foremost legal lexicographer, Bryan A. Garner, Black's Law Dictionary is known for its clear and precise legal definitions, substantive accuracy, and stylistic clarity — making it the most cited legal dictionary in print.
  • Dean's Law Dictionary Version 73 Seeing is believing and you can easily download and see first hand the unsurpassed professional quality of our state-of-the-art definitions in our Digital Legal Dictionary. Discover for yourself all of the unmatched features you get with Dean's Law Dictionary.
  • Oxford Dictionary of Law This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,200 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system.
  • Webster's New World Law Dictionary Law has a language all its own. Webster's New World Law Dictionary translates it clearly. Written in plain English, it's much easier to understand than typical legal documents.

Online Law Dictionaries

  • Duhaime's Law Dictionary Duhaime's Law Dictionary is designed to offer one-stop shopping to all of us who occasionally need to know what a certain legal word means, because our rights stand to be affected by a reference to it, or because of employment or academic research requirements.
  • John Bouvier's Law Dictionary Adapted to the Constitution and laws of the United States of America and of the several states of the American union.
  • Latin Legal Terms Dictionary This small collection of most widely used Latin words and expressions from the legal jargon is a gem. Many of these Latin terms are used in modern legal terminology.
  • Law Dictionary - Look Up Legal dictionary search engine for legal terminology definitions and legal abbreviations.
  • Law.com Legal Dictionary This dictionary allows you to look up the definition of a legal term by entering a word or phrase.
  • Lectric Law Library's Dictionary This is what many consider the Net's best law dictionary. It offers thousands of definitions & explanations of legal terms, phrases & concepts. Please note that LLL's Legal Lexicon addresses mainly US law. Although the layman can also gain great benefit out of this lexicon, it probably suits lawyers and professionals best.
  • Legal Dictionary by The Free Dictionary The main source of TheFreeDictionary's legal dictionary is West's Encyclopedia of American Law, Edition 2, which contains more than 4,000 entries detailing terms, concepts, events, movements, cases, and individuals significant to United States law.
  • LegalGlossary.org A good source to find definitions for legal terms.
 
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