- glossary
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Glossary
S
Settlement
A settlement in personal injury law refers to an agreement between parties to resolve a claim without going to trial, often involving a payment from the defendant to the plaintiff.
Settlement Agreement
A settlement agreement is a legal document that outlines the terms and conditions under which the dispute was resolved, typically involving an agreed-upon payment in exchange for dropping the lawsuit.
Slip and Fall
A type of personal injury case wherein a person slips or trips and is injured on someone else's property, often involving premises liability.
Small Claims Court
A court that handles civil cases with low monetary value, providing a venue for litigants to resolve smaller disputes efficiently and without significant legal costs.
Social Host Liability
Liability that arises from providing alcohol to guests; social host liability laws pertain to lawsuits filed against individuals hosting social gatherings where alcohol is served, and an intoxicated guest causes harm to a third party.
Special Damages
Specific monetary losses incurred due to an injury, such as medical bills, lost wages, and rehabilitation costs, which are intended to compensate the plaintiff for quantifiable financial burdens.
Spoliation
The intentional, negligent, or accidental destruction or alteration of evidence that is crucial in ongoing or anticipated litigation.
Stare Decisis
Latin for "to stand by things decided," indicating the principle that courts look to past similar cases (precedents) to guide their decisions on current cases.
Standard of Care
A legal benchmark that denotes the degree of prudence and caution required of an individual who is under a duty of care.
Statute
A formal written enactment of a legislative body, serving as a law or mandate that must be adhered to by the governed parties.
Statute of Limitations
Legal parameters defining the timeframe within which legal proceedings must be initiated following an event or injury.
Strict Liability
Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe.
Subpoena
A legal document ordering someone to attend a legal proceeding, such as a trial or deposition, often to provide testimony or produce evidence.
Subrogation
The legal right of an insurance company to seek reimbursement from the at-fault party after paying a claim that was the fault of another party.
Summary Judgment
A judgment decided by a court as a matter of law, without conducting a trial, when there are no disputed facts and the matter only involves legal questions.
Survival Action
A legal action that may be brought by the estate of a deceased person, covering the damages suffered by the decedent between injury and death.
Survivor Benefits
Benefits that are passed on to the survivors, such as spouse or dependents, typically related to life insurance or pension benefits.
Sustaining an Objection
A judge agreeing with an objection, indicating that the question asked of a witness is improper or the evidence is inadmissible.
Sworn Statement
A document that affirms the truth of the information provided, backed by the oath or affirmation of the individual providing the statement.
Settlement Conference
A meeting between opposing sides of a lawsuit where the parties, typically alongside their attorneys, meet to discuss settling the case before going to trial.
Slander
A form of defamation that involves making false spoken statements damaging to a person's reputation.
Statutory Law
Law enacted by legislative bodies, in contrast to case law or regulatory law.
Statement of Claim
A legal document that sets out the facts justifying a civil claim against another person, provides the basis for a legal cause of action, and is filed by a plaintiff to initiate legal proceedings.
Subject Matter Jurisdiction
The authority of a court to hear cases of a particular type or cases relating to specific subject matter.
Substantial Factor Test
A principle to determine causation, stating that the defendant's conduct is a “substantial factor” in resulting in harm if the harm would not have occurred absent the conduct.
Substantive Law
The set of laws that establishes rights and obligations of individuals and collective bodies.
Surety Bond
A promise to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract.
Strict Liability Tort
A type of tort wherein a defendant can be held liable without fault or intent, often applied in product liability cases.
Structured Settlement
An insurance agreement wherein an injured party agrees to resolve a personal injury claim by receiving some part of the settlement in the form of periodic payments.
Sovereign Immunity
The principle that the government, or those acting on its behalf, may be immune from litigation or prosecution.
Suffering
Experiencing pain or distress, which can be a key component in personal injury claims, often considered when calculating damages.
Summons
A legal document that notifies a person that a legal action has been initiated against them and that they are required to answer to it at a specified time and place.
Superseding Cause
An event that occurs after the initial act that causes injury or damage and alters the course of events set in motion by the original act.
Supervening Cause
An event that intervenes in the cause-and-effect chain of negligence, becoming the primary cause of injury and relieving the original wrongdoer of liability.
Suing
To institute legal proceedings against a person or institution, typically for redress of grievances.
Suit
A lawsuit or the act of filing a lawsuit against an individual or entity.
Summary Plan Description
A document that provides participants and beneficiaries a comprehensive overview of their rights and obligations under the plan, and how the plan operates.