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Sequestration (law)

In law, sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state.

Set-off (law)

In law, set-off or netting are legal techniques applied between persons with mutual rights and liabilities, replacing gross positions with net positions. It permits the rights to be used to discharge the liabilities where cross claims exist betwe ...

Settlor

In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the ...

Sharp practice

Sharp practice or sharp dealing is a pejorative phrase to describe sneaky or cunning behavior that is technically within the rules of the law but borders on being unethical. The term has been used by judges in Canada; in one a Canadian Constructi ...

Sheriff-substitute

In the Courts of Scotland, a sheriff-substitute was the historical name for the judges who sit in the local sheriff courts under the direction of the sheriffs principal; from 1971 the sheriffs substitute were renamed simply as sheriff. When resea ...

Shifting burden of persuasion

The shifting burden of persuasion is the process of transferring the obligation to prove a fact in an issue raised during a lawsuit from one party to the other party. When the party initially bearing the burden of proof has presented sufficient e ...

Shocks the conscience

Shocks the conscience is a phrase used as a legal standard in the United States and Canada. An action is understood to "shock the conscience" if it is perceived as manifestly and grossly unjust, typically by a judge.

Short cause

If the parties to a case anticipate that it will not take up a significant amount of time, they may apply for the court to designate it as a short cause. Cases on the "short cause" calendar will get priority since they will not tie up a courtroom ...

Spamigation

Spamigation is mass litigation conducted to intimidate large numbers of people. The term was coined by Brad Templeton of the Electronic Frontier Foundation to explain the tactics of the Recording Industry Association of America, which files large ...

Special meaning

In the jurisdictions of the United Kingdom, certain words or phrases are interpreted in their particular context as having only the meaning or meanings allowed by relevant statute, regulation or case law: In these Guidelines a number of terms are ...

Stipulation

In United States law, a stipulation is a formal legal acknowledgment and agreement made between opposing parties before a pending hearing or trial. For example, both parties might stipulate to certain facts and so not have to argue them in court. ...

Stranger in blood

In the law of United States and the Commonwealth, a stranger in blood is someone mentioned in a will who is not related by blood to the testator. It is therefore the opposite of next of kin.

Strategic lawsuit against public participation

A strategic lawsuit against public participation is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Such lawsuits have been ...

Strike from the record

To strike from the record is for a judge to forbid a decision maker to consider a particular piece of testimony or other evidence when deciding the case even though he or she has already learned what that evidence or testimony concerned. The comm ...

Stuffed article

Stuffed article is a legal or industry term describing items such as mattresses, beds, upholstery, pillows, plush toys, teddy bears etc., i.e.: fabric items stuffed with an inert, resilient material, such as cotton, kapok, or polyurethane foam. S ...

Suggestion of death

A suggestion of death, in law, refers to calling the death of a party to the attention of a court and making it a matter of record, as a step in the revival of an action abated by the death of a party. In the Federal Rules of Civil Procedure, it ...

Sum certain

A sum certain is a specified and set amount of money owed by one person to another. It is a legal term of art, having specialized meaning in the law. Some kinds of legal claims can not be brought at all unless the sum certain can be plead. A docu ...

Summary (law)

Summary, in law, forms many compounds as an adjective meaning "short, concise": Summary forfeiture, a forfeiture to the state of property without giving the owner opportunity to be heard. Anno: 17 ALR 574. Summary contempt proceeding, a proceedin ...

Summary order

In law, a summary order is a determination made by a court without issuing a legal opinion. This disposition is also known as a nonopinion, summary opinion, affirmance without opinion, unpublished order, disposition without opinion, or abbreviate ...

Summons

A summons) is a legal document issued by a court or by an administrative agency of government for various purposes.

Surety

In finance, a surety, surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay ...

Surplusage

In jurisprudence, surplusage is a useless statement completely irrelevant to the cause. Surplusages may be included in any declaration, plea, or claim. According to LectLaw if a man in his declaration, plea, etc., make mention of a thing which ne ...

Surrebuttal

In an adversarial process, for instance a court proceeding, a surrebuttal is a response to the opposing partys rebuttal; in essence it is a rebuttal to a rebuttal.

Surrogate decision-maker

A surrogate decision maker, also known as a health care proxy or as agents, is an advocate for incompetent patients. If a patient is unable to make decisions for themselves about personal care, some agent must make decisions for them. If there is ...

Tangible property

Tangible property in law is, literally, anything which can be touched, and includes both real property and personal property, and stands in distinction to intangible property. In English law and some Commonwealth legal systems, items of tangible ...

Terms (law)

In a legal terminology, Terms can have different meanings, depending on the specific context. In Trust Law, Terms generally refers to the Terms of the Trust, meaning the explicit written intention of the Grantor of a Trust. Terms are limited to p ...

Test case (law)

In case law, a test case is a legal action whose purpose is to set a precedent. Test cases are brought to court as a means to provide a clearer definition to laws with disputed meaning and/or intent. An example of a test case might be a legal ent ...

Testamentary trust

A testamentary trust is a trust which arises upon the death of the testator, and which is specified in his or her will. A will may contain more than one testamentary trust, and may address all or any portion of the estate. Testamentary trusts are ...

Title (property)

In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal d ...

Tracing (law)

Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in res ...

Trust instrument

A trust instrument is an instrument in writing executed by a settlor used to constitute a trust. Trust instruments are generally only used in relation to an inter vivos trust; testamentary trusts are usually created under a will.

Turbary

Turbary is the ancient right to cut turf, or peat, for fuel on a particular area of bog. The word may also be used to describe the associated piece of bog or peatland and, by extension, the material extracted from the turbary. Turbary rights, whi ...

Vacant possession

Vacant possession is a property law concept. Giving vacant possession refers to a legal obligation to ensure that a property is in a state fit to be occupied at a given point in time. Vacant possession is most commonly known of on the sale and pu ...

Valid claim

In Law, a valid claim is a "grievance that can be resolved by legal action." It is a claim that is not frivolous, nor is based on fraud. In some state court systems, a valid claim is called a Claim for relief or a Claim and delivery.

Verdict

In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judges decision near the end of the trial is simply referred to as a finding. In England and Wales, a c ...

Void (law)

In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened. The term void ab initio, which means "to be ...

Voidable

Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio and unenforceable.

Voluntary association

A voluntary group or union is a group of individuals who enter into an agreement, usually as volunteers, to form a body to accomplish a purpose. Common examples include trade associations, trade unions, learned societies, professional association ...

1949 World Federalist California Resolution

The 1949 World Federalist California Resolution was a measure passed by the California legislature that called on the United States Congress to amend the United States Constitution to allow for U.S. participation in a federal world government. It ...

Aarhus Protocol on Persistent Organic Pollutants

The Aarhus Protocol on Persistent Organic Pollutants, a 1998 protocol on persistent organic pollutants, is an addition to the 1979 Geneva Convention on Long-Range Transboundary Air Pollution. The Protocol seeks "to control, reduce or eliminate di ...

Abatement ab initio

Abatement ab initio is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction vacates the conviction. Abatement ab initio was the subject of two United States Supreme Court decisions, Durham v ...

The Abbreviacion of Statutis

The Abbreviacion of Statutis, of which fifteen editions appeared before 1625, is a book by John Rastell. It, and Termes de la Ley, are the best known of his legal works. It is said to be the first abridgement of the Statutes printed in English. I ...

Abstractor of title

An abstractor of title is a person who prepares and certifies the condensed history of the ownership of a particular parcel of real estate, consisting of a summary of the original grant and all subsequent conveyances and encumbrances affecting th ...

Abuse of rights

In civil law jurisdictions, abuse of rights is the exercise of a legal right only to cause annoyance, harm, or injury to another. The abuser is liable for the harm caused by their actions. Some examples of this are abuse of power, barratry, frivo ...

Acceptable Identification of Goods and Services Manual

The Acceptable Identification of Goods and Services Manual is a directory maintained by the United States Patent and Trademark Office outlining the different categories of goods and services recognized by that office with respect to trademark reg ...

Act against Blasphemy 1661

The Act against Blasphemy 1661 was an Act of the Parliament of Scotland. The Act enshrined the blasphemy offence into statute. It legislated that anyone who should rail upon and curse God or the Trinity, even if distracted, should be punished. Th ...

Act for Regulating Surveyors

The Act for Regulating Surveyors of 1683 was a law of the Colony of Jamaica that provided that the Crown surveyor was to be responsible for surveys in Jamaica only when the Crown was a party to the relevant matter and that otherwise, any person m ...

Acta Curiae

Acta Curiae, are records of the proceedings in ecclesiastical courts and in quasi-ecclesiastical courts, particularly of universities. They are sometimes also known as Registers of the Chancellors Court. This type of court was often used by local ...

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