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several liability. Liability separate and distinct from the liability of
another which is sufficient to support a lawsuit without reference to anyone
else's liability.
severance of actions. Judicial proceeding separating the claims of
multiple parties and permitting separate actions on each one or some combination
of them.
show cause order. Judicial direction to appear in court and present
reasons why the court should not take a proposed action.
special jurisdiction. Power of a court to deal with only a limited type
of case.
spoliation. Generally, the destruction of evidence.
standard of care. In the law of negligence, the degree of care which a
reasonable, prudent or careful person should exercise under the same or similar
circumstances. If the standard falls below that established by law for the
protection of others against unreasonable risk of harm, the person may be liable
for damages resulting from such conduct.
standard of proof or burden of proof. Degree of proof required in a
specific kind of case to prevail. In the majority of civil cases, it is proof by
a preponderance of the evidence.
stare decisis. Policy of the courts to not overturn precedents; adherence
to precedents.
statute. Generally, a law created by a legislature.
statute of limitations. The time prescribed by statute in which a
plaintiff can bring a lawsuit.
stay. Court-ordered suspension of a judicial proceeding.
strict construction. Judicial interpretation of the law whereby the judge
adheres to the literal meaning of the words. Compare with liberal construction
which expands the literal meaning of the statute to meet cases that are clearly
within the spirit or reason of the law.
strict liability. Doctrine that holds defendants liable for harm caused
by their actions regardless of their intentions or lack of negligence. Often
applied to manufacturers or sellers of defective products in products liability
cases.
subject matter jurisdiction. The court's power to deal with the general
subject matter involved in a case. For example, a bankruptcy court judge has no
subject matter jurisdiction to hear a divorce case.
subornation of perjury. Procuring someone to make a false statement under
oath.
subpoena. Command to appear at a certain place and time to give testimony
on a matter.
subpoena duces tecum. Command to produce some document or paper.
subrogation. Substitution of one person for another, giving the
substitute the same legal rights as the original party. For example, an
insurance company may have a right of subrogation to sue anyone whom the person
it compensated had a right to sue.
substantive law. The body of law that creates, defines and regulates
right. Compare with procedural law which prescribes the manner to enforce rights
or obtaining redress for invasion of rights.
sue. The act of bringing a lawsuit.
suit or lawsuit. Generally, a court action brought by one person, the
plaintiff, against another, the defendant, seeking compensation for some injury
or enforcement of a right.
summons. Formal document beginning a civil action or special proceeding
which is a means to gain jurisdiction over a party. Also, a document directed to
a sheriff or other authorized person ordering him to serve the person named on
the summons who must appear at a certain place and time to respond to the
action.
survival action. A survival action is brought by the administrator of a
deceased person's estate in order to recover loss to the estate resulting from a
tort. A survival action continues in the decedent's personal representative a
right of action which accrued to the decedent at common law because of a tort. A
survival action, unlike a wrongful death action, is not a new cause of action.
Where death is caused by negligence, both a survival action and a wrongful death
action may be brought.
survival statutes. Statutory law that provides for a legal action to
continue after the death of a person involved in the action.
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