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S

Definitions for legal terms and law concepts beginning with S
Sanction
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. - (see definition)
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. - (see definition)
Sarbanes-Oxley Act
An American federal law, 2002, which substantially revised and strengthened securities laws and their administration in the aftermath of high profile corporate accounting scandals such as that involving Enron. - (see definition)
Satisfaction guaranteed
A term in a sales or services contract in which the seller defers to the buyer the sole and unilateral discretion as to whether or not the goods or services tendered are acceptable. In the event the price is not paid, no cause of action exists unless the buyer acting in good faith is satisfied, no matter how good the goods or services are in terms of quality. - (see definition)
School Law
The law as it relates to education. - (see definition)
Scienter
Latin for actual or guilty knowledge; knowingly. - (see definition)
Scrutineer
A person enlisted to assist in the conduct of a vote. - (see definition)
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 or a regulatory offence. - (see definition)
Secret Trust
A trust where, to a stated beneficiary, the donor secretly communicates that he/she holds title in trust for another. - (see definition)
Sedition
The speaking or publishing of words which excite public disorder or defiance of lawful authority. - (see definition)
Seisin
The legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder. - (see definition)
Semayne's Case
A 1604 English case that established the right of a home-owner to defend his premises against intrusion ("every man's house is his castle") yields to those seeking to enter with lawful authority such as to make an arrest. - (see definition)
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. - (see definition)
Separate Property
A marriage property legal term; property acquired before or during a marriage, or otherwise owned by a married person and which, notwithstanding the marriage or, where recognized, a marriage-like relationship, remains the separate property of one or the other of the spouses who acquired or to whom was gifted the item of property. - (see definition)
Separation Agreement
A private contract between separating spouses resolving issues of joint, family or marital property or assets, support and child responsibilities. - (see definition)
Sequestration
The taking of someones 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. - (see definition)
Servient Tenement
The land which suffers or has the burden of an easement. - (see definition)
Servitude
From Roman law, referring to rights of use over the property of another; a burden on a piece of land causing a land owner to suffer access by another. - (see definition)
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. - (see definition)
Severance Pay
An amount of money an employer owes to an employee in lieu of notice, in exchange for the employee's agreement to sever an employment contract forthwith. - (see definition)
Sex
Sex: gender, as in male or female. Also refers to sexual intercourse. - (see definition)
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. - (see definition)
Sexual intercourse
Penetration by the penis of a woman's labia. - (see definition)
Sexual orientation
Sexual orientation is commonly understood to mean an individual's orientation or preference in terms of sexual relationship with others - whether homosexual or heterosexual. - (see definition)
Share
A portion of a for-profit corporation bought by cash. - (see definition)
Shared custody
A family law support or maintenance term referring to a situation where a child spends about an equal amount of time in the care and home of each of the two separated or divorced parents, and the parents share the legal rights in regards to the child. - (see definition)
Shareholder
Persons who own shares in a for-profit corporation. - (see definition)
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. - (see definition)
Shotgun Clause
A buy-sell agreement where a shareholder wishes to sell his or her shares, or an irreconcilable disagreement on a fundamental issue in regards to the corporation breaks out between shareholders, the sale can be forced by the sell of the holdings of one shareholder to the other. - (see definition)
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. - (see definition)
Simony
The crime of corruption for the purpose of a Church or religious benefit. - (see definition)
Sine die
Adjourned without giving any future date of meeting or hearing. - (see definition)
Slander
Verbal or spoken defamation. - (see definition)
Slander of title
Intentionally casting aspersion on someones property including real property, a business or goods (the latter might also be called slander of goods). - (see definition)
Slavery
When a person (called master) has absolute power over another (called slave) including life and liberty. - (see definition)
Slip Rule
A rule by which a Court can very exceptionally reopen a published order but only to correct a accidental slip or omission such as a clerical error. - (see definition)
Small claims
A regular court but which has simplified rules of procedure and process to deal with claims of a lesser value. - (see definition)
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. - (see definition)
Socialism
A form or system of government which champions the equal sharing of land and equal return of the product of the land and industry to all citizens. - (see definition)
Society
A group of people formed as a separate organization and which has as a stated purpose some charitable or benevolent purpose either in regards to the public at-large or in regards to the common interests of the members, and which operates as nearly as possible at cost. - (see definition)
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). - (see definition)
Solicitor
A lawyer that restricts his or her practice to the giving of legal advice and does not normally litigate. - (see definition)
Solicitor's Lien
A lawyer’s right to retain client’s document and property pending payment of the lawyer’s bill. - (see definition)
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. - (see definition)
Specific Deterrence
Deterrence, as an objective of sentencing, which is aimed at a particular offender. - (see definition)
Specific Performance
A remedy in the event of breach of contract, whereby the Court orders a party found in breach of his/her contractual obligations to perform their specific duty as set out in the contract. - (see definition)
Split custody
A child custody decision which results in the splitting up of the children; that legal custody of one or more of the children is with the father, and that of one or more of the other children are with the mother. - (see definition)
Spousal Support
Payments to an ex-spouse which are temporary or indefinite, lump sum or periodic, designed to pool and share the income of both spouses for that period of time necessary for the lower-income spouse to become economically self-sufficient. - (see definition)
Springing power of attorney
A Power of Attorney that takes effect only upon the occurrence of a specified event. - (see definition)
Sprinkling trust
Discretion given to a trustee to distribute income from a trust fund disproportionately between beneficiaries. - (see definition)
Spy / Spies
A person who acts clandestinely or on false pretences to endeavour to obtain information of or within another state with the intention of communicating or selling it to others. - (see definition)
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. - (see definition)
Stare decisis
(Latin) A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, another Court of the same rank will apply that decision in cases which subsequently come before it embodying the same set of facts. - (see definition)
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 nations to refer to what international law calls states. - (see definition)
Statement of Claim
The document which initiates the judicial process culminating in trial. - (see definition)
Statement of Defence
A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case. - (see definition)
Statutes
The written laws approved by legislatures, parliaments or houses of assembly (i.e., politicians). Also known as legislation. - (see definition)
Statute of Uses
A 1535 English law that prevented, for a time, the legal structure of a use. - (see definition)
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. - (see definition)
Statutory Trust
A trust created by the effect of a statute. - (see definition)
Stay
To stop; to suspend; also known as a stay of proceedings; when a law suit is suspended either indefinitely or until the occurrence of a condition imposed by the court. - (see definition)
Stirpes
Latin: the offspring of a person; his or her descendants. - (see definition)
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. - (see definition)
Subinfeudation
The process whereby, under the feudal system of tenure, a person receiving a grant of land from a lord, could himself become a landlord by subdividing and subletting that land to others. - (see definition)
Sub judice
A matter that is still under consideration by a court; still subject to active litigation. - (see definition)
Subordination
To be subject to the orders or direction of another; of lower rank. - (see definition)
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). - (see definition)
Subrogation
When you pay off someone’s debt and then try to get the money from the debtor yourself. - (see definition)
Substantive Law
Core law which determines rights and obligations, as opposed to procedural law. - (see definition)
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. - (see definition)
Successor
A person who takes over the rights of another. - (see definition)
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. - (see definition)
Summary conviction offence
In Canada, a less serious offence than indictable offences for which both the procedure and punishment tends to be less onerous. - (see definition)
Summary Judgment
A court order dismissing a claim summarily, upon application, and based on the allegation that there is no claim or defence with a reasonable prospect of success. - (see definition)
Summary Trial
A disposition of litigation by way of affidavit evidence only or by use of truncated process. - (see definition)
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. - (see definition)
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. - (see definition)
Surety Bond
A three party bond contract in which a third party (the surety) backs up a principal by agreeing to honour the principal's obligation(s) towards the obligee of a bond in the event of the latter's default. - (see definition)
Suspended Sentence
A judicial prerogative retained by a sentencing judge on a person convicted of a crime by which the full sentencing of a convicted person is suspended or deferred until some future time commensurate with the convicted person’s compliance with the terms of the interim probation order. - (see definition)
Synallagmatic Contract
A civil law term for a reciprocal or bilateral contract: one in which both parties provide consideration. - (see definition)
Syndicate
A formal, informal or secret group of individuals or, more usually, corporations, formed to carry on a specified purpose. - (see definition)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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