Legal Dictionary

said

adj. a reference back to a thing that was previously mentioned or identified, popular in legal documents, as "the said driver drove the automobile in a negligent manner."

salvage

1) v. to save goods. 2) n. payment to a person or group which saves cargo from a shipwreck.

satisfaction

n. receiving payment or performance of what is due.

satisfaction of mortgage

n. a document signed by a lender acknowledging that a mortgage has been fully paid. It must be recorded with the Recorder of Deeds to clear the title to the real property owned by the person who paid off the debt.

savings and loan

n. a banking and lending institution, chartered by the government. Savings and loans only make loans secured by real property from deposits, upon which they pay interest slightly higher than that paid by most banks.

scintilla

n. Latin for "spark." Scintilla is commonly used in reference to evidence, in the context that there must be a "scintilla of evidence" (at least a faint spark) upon which to base a judgment.

scrivener

n. a person who writes a document for another, usually for a fee. If a lawyer merely writes out the terms of a lease or contract exactly as requested by the client, without giving legal advice, then the lawyer is just a scrivener and is probably not responsible for legal errors (unless they were so obvious as to warrant comment). A non-lawyer may act as a scrivener without getting in trouble for practicing law without a license.

sealed verdict

n. the decision of a jury when there is a delay in announcing the result, such as waiting for the judge, the parties and the attorneys to come back to court. The verdict is kept in a sealed envelope until handed to the judge when court reconvenes.

search

v. 1) to examine another's premises (including a vehicle) to look for evidence of criminal activity. It is unconstitutional to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises and there is not enough time to obtain a search warrant. 2) to trace the records of ownership of real property in what is commonly called a "title search."

search warrant

n. a written order by a judge which permits a law enforcement officer to search a specific place and identifies the persons (if known) and any articles intended to be seized (often specified by type, such as "weapons," "drugs and drug paraphernalia," "evidence of bodily harm"). Such a search warrant can only be issued upon a sworn written statement of a law enforcement officer (including a prosecutor).

secondary boycott

n. an organized refusal to purchase the products of, do business with or perform services for (such as deliver goods) a company which is doing business with another company where the employees are on strike or in a labor dispute.

secured transaction

n. any loan or credit in which property is pledged as security in the event payment is not made.

security deposit

n. a payment required by a landlord from a tenant to cover the expenses of any repairs of damages to the premises greater than normal "wear and tear." The security deposit must be returned within a short time after the tenant vacates, less the cost of repairing any unusual damage. Unfortunately for tenants, these damages are usually subject to the judgment of the landlord, who may desire to paint and refinish on the tenant's money, which results in many small claims suits.

sedition

n. the crime of advocacy of insurrection against the government or support for an enemy of the nation during time of war, by speeches, publications and organization. Sedition usually involves actually conspiring to disrupt the legal operation of the government and is beyond expression of an opinion or protesting government policy. Sedition is a lesser crime than "treason," which requires actual betrayal of the government, or "espionage." Espionage involves spying on the government, trading military secrets to another country (even a friendly nation), or sabotaging governmental facilities, equipment or suppliers of the government, like an aircraft factory.

seisin

(sees-in) n. an old term for having both possession and title of real property. The word is found in some old deeds, meaning ownership in fee simple (full title to real property).

seizure

n. the taking by law enforcement officers of potential evidence in a criminal case. The constitutional limitations on seizure are the same as for search. Thus, evidence seized without a search warrant or without "probable cause" to believe a crime has been committed and without time to get a search warrant, cannot be admitted in court, nor can evidence traced through the illegal seizure.

self-defense

n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Examples: an unarmed man punches Jose, who hits the attacker with a stick. That is legitimate self-defense, but Jose cannot chase the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Jose is probably warranted in shooting him. Basically, appropriate self-defense is judged on all the circumstances. Reasonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism.

self-help

n. 1) obtaining relief or enforcing one's rights without resorting to legal action, such as repossessing a car when payments have not been made, retrieving borrowed or stolen goods, demanding and receiving payment or abating a nuisance (such as digging a ditch to divert flooding from another's property). Self-help is legal as long as it does not "break the public peace" or violate some other law (although brief trespass is common). 2) the maximizing of one's opportunities.

self-serving

adj. referring to a question asked of a party to a lawsuit or a statement by that person that serves no purpose and provides no evidence, but only argues or reinforces the legal position of that party. Example: Question asked by a lawyer of his own client: "Are you the sort of person who would never do anything dishonest?" Such a question may be objected to as "self-serving" by the opposing lawyer and will be disallowed by the judge, unless there is some evidentiary value. Some people add self-serving comments to their testimony, such as "I never tell lies," which can be stricken from the record as a self-serving declaration.

seller

n. one who sells goods or other property to a buyer (purchaser).

sentence

1) n. the punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge's decision if there is no jury) within the possible punishments set by law. Popularly, "sentence" refers to the jail or prison time ordered after conviction, as in "his sentence was 10 years in prison." Technically, a sentence includes all fines, community service, restitution or other punishment, or terms of probation. Defendants who are first offenders without a felony record may be entitled to a probation or pre-sentence report by a probation officer based on background information and circumstances of the crime, often resulting in a recommendation as to probation and amount of punishment. Under some circumstances the defendant may receive a "suspended sentence," which means the punishment is not imposed if the defendant does not get into other trouble for the period he/she would have spent in jail or prison; "concurrent sentences," in which the prison time for more than one crime is served at the same time and only lasts as long as the longest term; "consecutive sentences," in which the terms for several crimes are served one after another; and "indeterminate" sentences, in which the actual release date is not set and will be based on review of prison conduct. 2) v. to impose a punishment on a person convicted of a crime.

separation agreement

n. an agreement between two married people who have agreed to live apart for an unspecified period of time, perhaps forever. The agreement generally covers any alimony (money paid for spousal support), child support, custody arrangements if there are children, payment of bills and management of separate bank accounts. A separation agreement may determine division of property if the separation appears permanent. It cannot be enforced by court order unless one party files a petition for legal separation or files a lawsuit for specific performance of a contract. If the couple reconciles, the separation agreement is voidable (can be cancelled) by the parties. However, most separation agreements are interim agreements to serve between the time of separation and the eventual divorce of the parties.

sequestration

n. the act of a judge issuing an order that a jury or witness be sequestered (kept apart from outside contacts during trial).

servant

n. an employee of an employer, technically one who works for a master. A servant is distinguished from an "independent contractor" who operates his/her own business even though spending much time on the work of a particular person or entity. The servant has established hours or piece work, is under the direction of the employer even as to details, cannot work for competitors and acts for the benefit of the employer rather than for himself/herself.

service by fax

n. delivery of legal documents required by statute to be "served" by transmitting through telecopier phone (FAX), followed by mailing an original ("hard copy"). Increasingly, the courts recognize this as legitimate service since it is instantaneous.