# Legal glossary part 4 ## S Safe Harbor - A statute that specifies that certain conduct is deemed to *not* violate a given rule Sanction - A country's prohibition of transactions and activity with another country Scope of Licensing - Permitted activities granted by a license Scope of Permitted Activities - Activities permitted with or without a license Scrivener's error - A clerical error in a legal document Seal - A court order closing a case file from public review, usually in cases of youthful offenders and acquittal, and prevents the public from obtaining information on the cases Security - A tradable financial asset, typically refers to a type of surety given by a party to bind an agreement (e.g., for a loan) or owning shares of a company Senior Judge - A judge who reaches the age of 65, or who meets certain other requirements and chooses senior status Senior judges hear cases on a part-time basis until they reach the mandatory retirement age of 70 Sentences - The penalty imposed by a judge after the defendant is convicted of a crime, and can be: - Concurrent - Multiple sentences served at the same time (i.e., concurrent sentences of 10 years, 8 years and 2 years - equal a total effective sentence of 10 years) - Consecutive - The sentences are served back-to-back (e.g., the same example above would equal a total effective sentence of 20 years) Sentencing - When a criminal defendant is brought before a judge after conviction for ordering the terms of the punishment Sentence Modification - A defendant's written application to the sentencing judge or court to have a hearing to reduce the sentencing while they're serving it, and the prosecutor must agree if the original sentence was more than three years Sentence Review - A defendant's written application to a three judge panel to review the sentence, which must be filed within 30 days after being sentenced with the court clerk and can increase or decrease the sentence Serious Juvenile Offender - A child who has been adjudicated by the juvenile court for a serious juvenile offense Serious Juvenile Offense - Certain criminal offenses listed in the state General Statutes, which are crimes against people, serious property crimes and certain drug offenses, and may admit a juvenile charged with it to a Juvenile Detention Center with a prior court order to only be released by order of a judge of the Superior Court Service - The legal method of giving a copy of filed court papers to other parties in a case, which is necessary for legal proceedings to continue Set-Off - A procedure that provides netting (combining liabilities instead of keeping them separate) for more efficient cross claims Settlement - A legal alternative to paying damages to a court, typically through arbitration or mediation Shelf Company - Company created months or years ahead of time, then goes "on the shelf" until needed Shell Company - A company without active business or assets, completely legal but can be used for illegal activity Short Calendar - A list of cases in which hearing by the judge or magistrate is requested or required Shrink wrap Contract - A standard contract attached to the product itself, with usage of the product implying acceptance of its terms Side Letter - aka "side agreement" or "side letter arrangement", a second contract that's not part of a primary contract, but is used to cover issues that the primary contract doesn't cover Simple Contract - A written or oral contract that isn't formally sealed, needs physical consideration to be valid Sine Qua Mon - Latin for "without which nothing", an essential condition that is absolutely necessary, typically refers to an argument that, if debunked, causes the entire argument to crumble Slip Opinions - Opinions, or written decisions, of the Supreme Court or the Appellate Court that are publicly released before their official publication in the state's Law Journal Small Claims - Civil actions to recover damages, or money, up to $5000, with relaxed rules of evidence and people often representing themselves instead of hiring an attorney Solicitation - An offer to engage in a contract Sound Mind - A person in a state of mind where they're capable of making reasonable decisions Special Proceeding - A specific court action that has been authorized by Statute Special Sessions of the Superior Court - A program of the Judicial Branch where cases of a single type are heard by the same judge through the entire case and can include Drug Session, Tax Session, and Community Court Specific Performance - A court's requirement for a party in a contract to perform a specific action Standard Form Contract - aka "contract of adhesion", "leanine contract" or "take-it-or-leave-it contract", a conventionally written formalized contract, typically written by attorneys and then signed by someone without much review, any ambiguity leans in favor of the responding party Standard of Care - In tort law, the only degree of prudence and caution required for an individual under a duty of care State Actor - a person acting on behalf of a government body, therefore subject to limitations imposed on governments by the Constitution State Referee - A retired judge who presides over cases referred by the court with agreement of counsel for both parties and has the full powers of an active trial judge Statute - A law enacted by a legislative body, contrast to Common Law Statute of Frauds - The laws a region has established to prevent fraud by requiring written and signed agreements for all contracts in that domain Statute of Limitations - A certain time allowed by law for starting a case after the event has happened (e.g., 6 years in a contract case) Stay - Temporarily stopping a judicial proceeding Sting Operation - An investigation that involves undercover officers posing as criminals to win the trust of suspected or known criminals Steering - Trying to influence someone against their interests Stipulation - aka "stip", a written agreement by the parties or their attorneys Stripping - Omitting or removing key information to avoid detection Subpoena - A command to appear in court to testify as a witness Subpoena Duces Tecum - A legal paper requiring someone to produce documents or records for a trial Subrogation - A third-party assuming a party's contractual right to collect a debt or damages Substance Abuse Education - A community-based program for drug offenders that educates on the harmful effects of drug abuse and supervises community service Substitute Charge - In a criminal case, a charge that replaces the original charge by the prosecutor Summary Process - An eviction case Summons - A written notice issued by the court that gains jurisdiction over a party by commanding a person to appear in a court at a given date and time, which is issued to an individual charged or other party on a petition or complaint and starts a civil case Support Enforcement Officer - A person who supervises child support payments and brings parents to court to enforce child support orders. May also file legal papers to modify or change child support orders Surety - aka "guarantee", a private transaction where a person makes themselves answerable for something Supreme Court - The highest law interpretation in the land, only arrives after going through an Appellate Court Suspect Classification - A class or group of people meeting a set of criteria that suggests they're likely the subject of discrimination ## T Taint - Evidence which has been ruined in some manner, typically by being obtained illegally by law enforcement Tax - A financial requirement for an individual or entity to pay a government for a [business transaction](people-contracts.md) Term - A clearly indicated period of time Terra Nullius - Latin for "nobody's land", a territory that no government owns Testimony - Statements made by a witness or party under oath Time Served - A sentence of incarceration equal to the amount of time a defendant has already spent in state custody waiting for Disposition of the case Title - Legally recognized ownership of property, usually proven by a document Tort - A civil injury or wrong to someone else, or their property Tortfeasor - the defendant in a tort case Transcript - The official written record of everything that was said at a court proceeding, a hearing, or a deposition\ Transfer - Assignment of a case to another court location by court order Transfer Hearing - Juvenile Court hearing to determine whether a child, 14 or older, charged with a serious juvenile offense should have his/her case transferred to a criminal court and be subject to the same processes and penalties as an adult charged with the same crime Transshipment - Shipping goods through intermediate countries Trial De Novo - A new trial or retrial in which the whole case with evidence and witnesses is presented as if no previous trial had been held Trial Referee - An attorney appointed by the Chief Justice to hear any civil non-jury case where the parties agree to use a trial referee and all the legal papers have been filed ## U Ultrahazardous Activity - In tort law, an activity that is so harmful that a person performing that activity can be held liable for *any* injury, even if they took all necessary precautions Ulysses pact - aka "Ulysses contract", an agreement a person makes for a future situation where they may not be as capable of deciding Unaccompanied Minor - A child who is not accompanied by a legal guardian Uncared For - Legal description of a child or youth who is homeless or whose home cannot provide the specialized care which his/her physical, emotional or mental condition requires Unconditional Discharge - A sentence in a criminal case in which the defendant is released without imprisonment, probation supervision or conditions Undue Influence - A situation where one party pressures another into signing a contract Unjust Enrichment - In laws of equity, a situation where one person is enriched at another's expense in an unjust capacity ## V Vacate - To cancel or rescind a court order Venue - The court location Vest - The process of transferring property between parties, typically happens after a specified period of time from an event Veto - A ban or order to not allow something to become law, even if it has been passed by a legislative body Victim Services Advocate - A person who assesses a victim's needs and helps the victim understand the court case, how to exercise their rights and how to access other resources Visitation - aka "Parenting Time" or Access, a court order deciding the amount of time a noncustodial parent may spend with his or her child Violation - An offense for which the only sentence authorized is a fine Violation of Probation - Action or inaction that disobeys a condition of probation Voir Dire - Latin for "to speak the truth", The process of questioning prospective jurors or witnesses about their qualifications Vox populi - Latin for "people's voice", the opinion of the majority of the people ## W Wage Execution - aka Garnishment or Attachment, the process of deducting money from wages to pay a judgment Wage Withholding - A court order to deduct child support or alimony payments from someone's wages, and *all* child support court orders must include an income withholding order unless both parents ask the judge not to Waiver - Voluntarily giving up or removing existing conditions Warranty - Elements in a contract that may lead to damages but wouldn't typically void the contract Witness - A person who testifies to what they saw, heard, observed or did Writ - Legal paper filed to start various types of civil lawsuits ## Y Youth - Any person 16 to 18 years of age Youthful Offender - The legal status of persons who have been arrested for a crime committed when they were between 16 and 18 and meet some other requirements