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.
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.
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).
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.
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.
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.
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.
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.
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."
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.
Sexual intercourse
Penetration of a man's penis into a woman's vagina.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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").
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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".
Subordination
To be subject to the orders or direction of another; of lower rank.
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).
Subrogation
When you pay off someone's debt and then try to get the money from
the debtor yourself. (Compare with "novation".)
Subservient tenement
The real property that supports or endures an easement. The real
property benefitting from an easement is called the dominant tenement.
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.
Successor
A person who takes over the rights of another.
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.
Summary conviction offence
In Canada, a less serious offence than indictable offences for
which both the procedure and punishment tends to be less onerous.
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.
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."
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.
