Legal dictionary
Available entries: 385 entries
Entries: 385
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Severability
Used to describe the ability of a provision to be separated completely from the main part of the contract, statute or other legal document but still leave the rest of the document legally valid. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract’s purpose that if they are illegal or unenforceable, the contract as a whole will be voided. Legal dictionary
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Sharia
The Islamic legal system derived from the religious precepts of Islam, particularly the Koran and the Hadith. It is an Arabic language term meaning a body of moral and religious law derived from religious prophecy. Legal dictionary
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Show cause order
A court order that requires one or more of the parties to a case to justify, explain or prove something to the court. Court’s commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. For example, if a party requests that the court find another party in contempt of court of an existing order, the judge will typically issue an ‘Order to Show Cause Re Contempt’ to the party accused of being in contempt of court. At the hearing of the order to show cause concerning contempt the judge will take evidence from both sides concerning the alleged failure to comply with the court order before making a decision on the merits of the issue. Legal dictionary
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Skeleton argument
A written summary of the arguments that a party or his/her legal representative will put forward at a trial or other hearing. Generally, it is common practice for these to be exchanged between the legal representatives for the parties a few days before a hearing, with copies being lodged with the court for use by the judge. Legal dictionary
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Slander
Oral defamation in which someone tells one or more persons a lie about another which lie will harm the reputation of the person defamed. Damages for slander may be limited to actual (special) damages unless there is malicious intent. Where malicious intent is proven, the injured party will be entitled to recover general or even punitive damages. Legal dictionary
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Specific performance
An order of a court which requires a party to perform a specific act, which will often be what is stated in a contract and which the party against whom the order is made has so far failed to perform. It is an alternative to awarding damages, and is classed as an equitable remedy. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, ensuring that the innocent party to the contract receives what they had expected to receive from the transaction. Legal dictionary
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Stalking
Unwanted or obsessive attention by an individual or group towards another person. It is related to harassment and intimidation and may include following the victim in person or monitoring them. Legal dictionary
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Standard directions
Instructions that a court gives to the parties to a case on how to prepare the case for trial. The directions are intended to make sure that everything about the case is known to the court and to all the parties before the full court hearing. Legal dictionary
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Status quo
Latin meaning the existing state of affairs. To maintain the status quo is to keep things the way they presently are. Often used when companies are making decisions, or when lawyers are considering making changes in the law or changes to documentation. Legal dictionary
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Statutory declaration
Commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are made under statutory authority before a justice of the peace or a commissioner for oaths and may in certain circumstances be substituted for a statement on oath, such as an affidavit or sworn statement. Legal dictionary
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Strict liability
Sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found to be strictly liable was not at fault or negligent. Strict liability is especially found in product liability cases. Legal dictionary
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Sua sponte
The Latin term for "of one's own accord/will; voluntarily or without outside intervention". In law, sua sponte used to indicate that an authority acts on its own motion without formal prompting or request from either party. The most common example of sua sponte actions is a dismissal of a lawsuit filed in the court which doesn't have jurisdiction over the matter. Legal dictionary
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Sub judice
Latin for ‘under judgment’. Where a particular case is either in process of trial or being considered by a court or judge. Legal dictionary
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Subordinate legislation
Also referred to as delegated or secondary legislation, is law made by an executive authority under powers delegated from the legislature responsible for the primary legislation. The power to make subordinate legislation is limited to making regulations that are incidental to administering the primary legislation. Legal dictionary
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Subpoena
An order usually issued by a court in respect of a person, and requires his or her attendance at a particular time and place to testify as a witness. It may also require him/her to bring any books, documents or anything else which is under his/her control which he/she is bound by law to produce in evidence. Legal dictionary
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