Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| Sanction |
A word with two contradictory meanings. To "sanction" can mean to ratify or to approve but it can also mean to punish. The "sanction" of a crime refers to the actual punishment, usually expressed as a fine or jail term. |
| Sanctuary |
A special criminal law option available in medieval times to persons who had just committed, or been accused of, a crime, allowing them to seek refuge in a church or monastery for a proscribed period of time, usually 40 days. Even within sanctuary, there were very stringent rules. The fugitive had to remain within the walls of the sanctuary and in some cases had to stay within a specific area of the building. At the time sanctuary ended he was forced to abandon his or her oath to the king and might be allowed a short period of time to leave the country. Or he might have to escape by night and hope that he could flee the country without being captured. The fugitive was considered to be "dead", his land was forfeited to the King and his spouse considered a widow. If he refused to renounce his oath, he could be starved out of the sanctuary. Henry VIII of England even took to branding them with a hot iron before they left the country just in case they tried to return; they could then be quickly spotted and arrested. Sanctuary was abolished from the common law in England in1624 and, in France, at the time of the Revolution. The principle of sanctuary continues today, in somewhat altered form, as diplomatic asylum under international law. |
| Scienter |
Latin for knowledge. In legal situations, the word is usually used to refer to "guilty knowledge". For example, owners of vicious dogs may be liable for injuries caused by these dogs if they can prove the owner's "scienter" (i.e. that the owner was aware, before the attack, of the dog's vicious character). |
| Search Warrant |
A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence. |
| Secured Debt |
In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. |
| Seisin |
The legal possession of property. In law, the term refers more specifically to the ownership of land by a freeholder. For example, an owner of a building can have seisin, but a tenant cannot, because while the tenant may have possession, he does not have the legal title in the building. |
| Seizures |
A person having a seizure may abruptly ´freeze,´ fall and shake violently or simply fall down. Seizures affect about half of all people with cerebral palsy but are usually not harmful. |
| Self-Defense |
Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another. |
| Self-Incrimination, Privilege Against |
The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as taking the Fifth. |
| Self-Proving Will |
A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker´s death. |
| Sentence |
The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another. |
| Sentence Report |
A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a presentence report. |
| Sequester |
To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial. |
| Sequestration |
The taking of someone's property by court officers or into the possession of a disinterested third party until the outcome of a trial to decide ownership of that property. Sequestration can be voluntary, by deposit, or involuntarily, by seizure. |
| Sequestration of Witnesses |
Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called separation of witnesses. This prevents a witness from being influenced by the testimony of a prior witness. |
| Serentil |
An antipsychotic drug for schizophrenics. Serentil? has been associated with other drugs that may cause cardiac arrhythmias and sudden death. |
| Serious and willful misconduct |
A petition filed if your injury is caused by the serious and willful misconduct of your employer. |
| Service |
The delivery of a legal document, such as a complaint, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of the applicable laws. |
| Service of Process |
Providing a formal notice to the defendant that orders him to appear in court to answer plaintiff?s allegations. |
| Servient tenement |
The land which suffers or has the burden of an easement. |
| Servitude |
From Roman law, referring to rights of use over the property of another; a burden on a piece of land causing the owner to suffer access by another. An easement is type of servitude as is a profit á prendre. |
| Serzone |
A prescription medication used to treat depression. Cases of life-threatening liver failure have been reported in patients treated with Serzone. This medication has been related to liver dysfunction. |
| Set aside |
Annul or void as in ´setting aside´ a judgment. |
| Settlement |
An agreement between you and the insurance company regarding your workers´ compensation payments and future medical care. Settlements must be reviewed by a workers´ compensation judge to make sure they are adequate. Conclusion of a legal matter. |
| Settlement conference |
A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial. |
| Settlor |
The person who sets up a trust. Also called the grantor. |
| 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. |
| Sexual harassment |
A term used in human rights legislation and referring primarily to unsolicited words or conduct related to sex or gender which tend to annoy, alarm, or abuse another person in employment situations, thereby detrimentally affecting the working environment. The most overt variation of sexual harassment is the quid pro quo offer of work favor in exchange for sexual favor. |
| Sexual intercourse |
Traditionally, penetration of a man's penis into a woman's vagina. The term has gradually been expanded to include other forms of sexual relationship. |
| Share |
A portion of a company bought by a transfer of cash in exchange for a certificate, called a common share or preferred share, the certificate constituting proof of share ownership. Those owning shares in a company are called "shareholders". A shareholder is not liable for the debts or other obligations of the company except to the extent of any commitment made to buy shares. The two other benefits of shares include a right to participate in profits (through dividends) and the right to share the residue of assets of the company, once liabilities have been paid off, if it is ever dissolved. |
| Shareholder agreement |
A contract between the shareholders of the company and the company itself, in which certain things, usually the purview of the board of directors, are detailed. The shareholder agreement will also, typically, control inflows to the company (purchase of shares), how profits are to be distributed, dispute resolution, and what to do if a shareholder dies. |
| Show Cause Order |
Judicial direction to appear in court and present reasons why the court should not take a proposed action. |
| Sidebar |
A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators. |
| Silent partner |
A person who invests in a company or partnership, not taking part in administering or directing the organization, only sharing in the profits or losses. |
| Sine die |
Adjourned with no future date of meeting or hearing given. A court that adjourns sine die is essentially stating that it never wants to hear the case again and thus dismissing the case. A meeting which adjourns sine die simply has not set a date for its next meeting. |
| Slander |
False and defamatory spoken words tending to harm another´s reputation, business, or means of livelihood. Slander is spoken defamation; libel is published. |
| Slander of title |
Intentionally casting aspersion on someone's property, including real property, a business, or goods (the latter might also be called "slander of goods"). A form of jactitation. To intentionally state that a house is built badly or is on unsafe ground, in order to prevent its sale or lower the price, is a slander of title. |
| Slavery |
Unpaid servitude, in which one person (called "master") has absolute power, including of life and liberty, over another (called "slave"). The slave has no freedom of action except within limits set by the master, no rights to the fruits of his own labor, is considered to be the property of the master (chattel), and can be sold, given away or killed. Slavery was once very common in the world but is now illegal in most countries, although still surprisingly prevalent. |
| Small claims |
A regular court which has simplified rules of procedure and process to deal with claims of a lesser value. This allows for expedited hearings in the many jurisdictions which have established small claims courts. Because of their structure and reliance on deformalized proceedings, representation by lawyer is not required or encouraged. Some typical distinctive characteristics of small claims courts include the ability to serve by regular mail and to seize both a court and an adversary at far less cost than in ordinary courts. |
| Small Claims Court |
A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney. |
| Socage |
A term of the feudal system which referred to the tenure which was exchanged for certain goods or services which were not military in nature. Socage is often described as "free and common socage" although the "free and common" qualification is now of a purely historical significance. |
| Social Host Liability |
The liability of a person (the ´social host´) who furnishes free alcoholic beverages to another (the ´guest´), when the guest subsequently sustains injuries or causes injury to a third person because of his intoxication. |
| Social Security |
While you work, you pay taxes into the Social Security system, and when you retire or become disabled you, your spouse and your dependent children receive monthly benefits that are based on your reported earnings. The system also allows your survivors to collect benefits if you die. |
| Sodomy |
Synonymous with buggery and referring to "unnatural" sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act is known as "bestiality"). Most countries outlaw bestiality but homosexual activity is gradually being decriminalized. |
| Solicitor |
A term more common to England than the United States. A lawyer that restricts his or her practice to the giving of legal advice and does not normally litigate. In England and some other Commonwealth jurisdictions, a legal distinction is made between solicitors and barristers, the former with exclusive privileges of giving oral or written legal advice, and the latter with exclusive privileges of preparing and conducting litigation in the courts. In other words, solicitors don't appear in court on a client's behalf and barristers don't give legal advice to clients. In England, barristers and solicitors work as a team: the solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for the duration of the litigation. In the United States, lawyers, also referred to as attorneys, can litigate or give legal advice |
| Solvency |
The ability to pay off one?s legal debt. The Social Security system is solvent when it can pay 100 percent of scheduled benefits. Social Security uses payroll tax revenues to cover payments; if these fell short, it would draw on the accumulated surpluses in the Social Security Trust Fund. |
| Sovereign |
A technical word for the monarch (king or queen) of a particular country as in "the Sovereign of England is Queen Elizabeth." The other meaning of the word is to describe the supreme legislative powers of a state: that they are totally independent and free from any outside political control or authority over their decisions. |
| Sovereign Immunity |
The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent. |
| Spastic Cerebral Palsy |
A form of cerebral palsy that causes tightness in the muscles. Because of this tightness, spastic cerebral palsy patients have a difficult time controlling their movement. |
| Special Jurisdiction |
Power of a court to deal with only a limited type of case. |
| Specific injury |
An injury caused by one event at work. |
| Specific Loss |
In a workers´ compensation case, this is the compensation payable for loss (amputation) or permanent loss of use of members of the body, complete loss of hearing in one or both ears, loss of vision in one or both eyes, and disfigurement. |
| Specific Performance |
A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation. |
| Speech therapy |
Therapy used to increase communication skills. It may also include teaching sign language or using a communication device. |
| Spendthrift Trust |
A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs. |
| Split custody |
A child custody decision giving parental care to both parents but on a revolving basis, such as every other month. The child will be passed back and forth between the parents according to a schedule set up by the court. Split custody is very rare (for example, only 5% of all custody orders in the USA) because it works against consistent upbringing decisions for the child. Also known as "divided custody" although the latter concept is mostly used to describe split custody over greater periods of time such as alternate years with each parent. |
| Spoliation |
Generally, the destruction of evidence. |
| Spouse |
The person whom you were legally married to at the time you applied for benefits. |
| Stack or Stacking |
In Pennsylvania automobile insurance law, purchasers of insurance have the option to ´stack´ uninsured and underinsured motorist coverage. If you choose ´stacking,´ this means that you can add the coverage together for each vehicle you have insured, at least under the policy. (An issue presently exists as to whether you can ´stack´ coverages under separate policies of insurance.) For example, if you have two vehicles, with $100,000/$300,000 (meaning $100,000 available per person, and $300,000 available per accident) in uninsured or underinsured motorist coverage, you can ´stack´ the coverages and have available $200,000/$600,000 in coverage. |
| 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. |
| Standing |
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit. |
| Standing committee |
A term of parliamentary law referring to those committees which have a continued existence and are not related to the accomplishment of a specific, once-only task as are ad hoc or special committees. Standing committees generally exist as long as the organization to which they report. Budget and finance or nomination committees are typical standing committees of a larger organization. |
| Stare Decisis |
Policy of the courts to not overturn precedents; adherence to precedents. |
| State |
A term of international law: those groups of people which have acquired international recognition as an independent country and which have four characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a sovereign government with effective control; and a capacity to enter into relations with other states (i.e. recognized by other states). The USA, Canada and China are examples of states. States are the primary subjects of international law. The United Nations is comprised of all the states of the world. Some large states have subdivided into smaller units each having limited legislative powers normally restricted to subjects which are more properly regulated at a local, rather than a national level. Thus, the states of the USA are not really "states" under international law. It is common for the general public and English dictionaries to use the word "nations" to refer to what international law calls "states." |
| Status Offenders |
Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have committed no crime), but rather are persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court. |
| Statute |
A law created by the Legislature. |
| Statute of Limitations |
The time prescribed by statute in which a plaintiff can bring a lawsuit. |
| Statutes |
The written laws approved by legislatures, parliaments or houses of assembly (i.e., politicians). Also known as "legislation". |
| Statutory Construction |
Process by which a court seeks to interpret the meaning and scope of legislation. |
| Statutory Law |
Law enacted by the legislative branch of government, as distinguished from case law or common law. |
| Statutory rape |
A definition of rape defined by statute rather than common law. It includes wider definitions to reflect modern values. The common law definition of rape is limited to sex without consent and with a woman, and only where the victim is not the wife of the rapist. Many states have enacted laws for statutory rape which include under the charge of rape, sex with a minor even if done with the minor's consent; sex without consent regardless of whether the victim is male or female; and sex without consent regardless of the matrimonial bond between victim and rapist. |
| Statutory trust |
A trust created by a statute, usually temporary in nature and serving the purpose of bridging ownership of property to benefit a certain class of individuals which the statute is designed to protect. Some examples are: the temporary trusts that the law of some states impose on the executor of an estate; the holding and administration of tax or other pay deductions (including vacation pay) by employers; the trust accounts of lawyers; and the statutory trust on money paid for a construction project on behalf of any person who might have a construction lien on the property. |
| Stay |
Court-ordered suspension of a judicial proceeding. |
| Stipulated rating |
Formal agreement on your permanent disability rating. Must be approved by a workers´ compensation judge. |
| Stipulation |
An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g., to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial. |
| Stipulation with award |
A settlement of a case where the parties agree on the terms of an award. This is the document the judge signs to make the award final. |
| Stipulations with request for award |
A settlement in which the parties agree on the terms of an award. Payment takes place over time. |
| Stirpes |
Latin: the offspring of a person; his or her descendants. For example, inheriting per stirpes means having a right to a deceased's estate because you are a descendant of the deceased. A common phrase in wills. |
| 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. |
| Strike |
Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon. |
| Stroke |
Damage to a part of the brain when its blood supply is suddenly reduced or stopped. This stoppage in blood flow can occur as the result of a blood vessel becoming blocked or bursting inside the brain. The part of the brain deprived of blood dies and can no longer function. |
| Sua Sponte |
A Latin phrase which means on one´s own behalf. Voluntary, without prompting or suggestion. |
| Sub judice |
A matter that is still under consideration by a court. You will hear of politicians declining to speak on a certain subject because the subject matter is "sub judice". |
| Subinfeudation |
The feudal system of tenure, whereby a person receiving a grant of land from a lord, could himself become a lord by subdividing and subletting that land to others. |
| 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. |
| Subjective factors |
The amount of pain and other symptoms described by an injured worker that a doctor reports as contributing to a worker´s permanent disability. Subjective factors are generally not given as much weight as objective factors. |
| Subordination |
To be subject to the orders or direction of another; of lower rank. |
| Subornation of Perjury |
Procuring someone to make a false statement under oath. |
| Subpoena |
Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court. |
| Subpoena duces tecum |
Under penalty you shall take it with you. A process by which the court commands a witness to produce specific documents or records in a trial. |
| 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. |
| Substituted service |
If a party appears to be avoiding service of court documents, a request may be made with the court for substituted service. This includes, instead of personal service (i.e. giving the document directly to the person), that the document be published in a local newspaper; served on a person believed to frequent the person; or mailed to his (or her) last known address. |
| Successor |
A person who takes over the rights of another. |
| Sue |
The act of bringing a lawsuit. |
| Sui juris |
A person who possesses full civil rights and is not under any legal incapacity such as being bankrupt, of minor age or mental incapacity. Most adults are sui juris. |
| 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. |




