Law Dictionary Word Under S
Sale or return an arrangement under which goods can be kept by the potential buyer for a period while their resale is attempted. Unsold goods can be returned if the conditions of the contract have been kept to and the buyer pays for the goods used.
Salvage compensation paid by the owners for saving ships, aircraft and property from the sea.
Satisfaction is:
_ paying a debt;
_ settling an obligation by an act; or
_ settling an obligation by substituting something satisfactory for what was originally required.
Scheme of arrangement an agreement between a person with debts, who cannot pay them when they are due, and the creditors. The creditors share the money the debtor manages to pay in proportion to what they are each owed.
Scrip a certificate showing the extra shares and fractions of shares the owner is entitled to.
Scrip dividend a dividend paid in shares instead of cash.
Scrip issue free shares offered to the members of a company in proportion to their shareholdings.
Search inspection of the registers maintained by organisations such as the Land Registry. When a person intends to buy a property such as a house, a solicitor arranges the inspection. This is to find out if there is any adverse information about the property or the surrounding area.
Search warrant a warrant issued by a magistrate, or High Court judge, to allow police officers to search premises.
Securities stocks, shares, debentures and so on where there is a right to receive interest or dividends from the investment.
Security something of value pledged to a bank by a borrower. If the borrower fails to repay the debt, the bank can sell the security and repay the debt out of the proceeds of the sale.
Security of tenure protection from a landlord attempting to obtain possession of the property the tenant is renting.
Sedition writing things or saying things which encourage ordinary people to rise up against the Government or which cause discontent.
Sentence the penalty the court imposes on someone found guilty of an offence.
Separation order a court order that a husband and wife can live separately if they wish.
Sequestration a court order for the seizure of someone's property.
Settle means:
_ to create a settlement;
_ to end a case by agreement; or
_ to draw up a contract and agree its terms.
Settlement when property is bestowed, usually by a will or a deed, on a trust for the benefit of people decided by the settlor. It also means voluntarily agreeing to settle a civil case.
Settlor the person who gives property to a settlement.
Several separate (not joint).
Shadow director a person who has not been appointed a director of a company but nevertheless gives instructions to the directors, which they comply with.
Share capital the money invested directly in a company by its members. When the shares are first made available by the company, people can apply to buy them. The company states the price it wants for the shares.
Share certificate a document which certifies who owns shares in a company. It gives the type and number of shares owned by the shareholder and lists the serial numbers of the shares.
Share premium account an account in a set of books recording the extra amount over face value that shares have been issued for. If shares are issued for more than their face value, the extra amount over face value is called a share premium.
Sheriff someone appointed each year by the Crown to be a county's senior officer. Each county in the UK has a sheriff. To be eligible for the office the person must own some land in the county. The areas of the law which come within the sheriff's jurisdiction are largely dealt with by the under-sheriff.
Shoplifting stealing goods from a shop.
Shorthold tenancy a tenancy under which the law allows the landlord to repossess the house.
Sine die indefinitely. If a case has been adjourned sine die no date has been set for it to be continued. (This term is Latin.)
Slander saying something untrue about a person or doing something, such as making a gesture, which damages their reputation.
Small claims court a section of the county court which deals with small claims. There is a simplified way of making a claim in the county court in a civil case where the claim is for
no more than £5000 (or £1000 in personal injury cases). Neither side can claim costs.
Smuggling importing or exporting goods illegally to avoid a ban on them or to avoid the duties on them.
Sold note a note that shows details of investments which have been sold, including the sale price and any charges taken. Stockbrokers produce sold notes for their clients.
Soliciting a prostitute attempting to get clients in a street or other public place.
Solicitor a person who can deal with legal matters for the public and give advice on legal matters. All solicitors are listed on the roll of solicitors kept by the Law Society. Some solicitors can appear for their clients in some of the lower courts.
Solicitor General the assistant of the Attorney General. They both advise the Government.
Special resolution a resolution which must be approved by holders of at least 75% of the shares with voting rights. (Some types of share give their owners the right to vote at shareholder meetings, but there are other types which do not.)
Specific performance a court order to complete a contract. The courts may order a person who has failed to fulfil an obligation under a contract to complete it.
Spent conviction a conviction which, after the passage of a stated time period, does not have to be disclosed (revealed) to a court.
Squatter a person who occupies land illegally.
Stalking the name given to a form of harassment where a person is made to feel alarmed or distressed by another person's actions. The prosecution has to prove that a reasonable person would have known that the behaviour would create distress or fear. The harassment must have happened on at least two occasions.
Stamp duty a tax on the transfer documents for certain types of transaction. Examples are buying shares, patent rights and properties.
Statement of claim the claimant's written statement setting out the claim in a civil case. (This term has not been used since April 1999.)
Status how the law regards a person, such as whether the person is a minor or a bankrupt and so on.
Statute an Act of Parliament.
Statute book all the existing statutes in a country.
Statute law the law created by Acts of Parliament.
Statute of limitation a statute which sets out the time limits within which a court action must take place.
Statutory accounts company accounts which have been filed with the Registrar of Companies. The accounts have to disclose (show) the information required by the Companies Acts.
Statutory audit an audit required by law. Certain companies have to have their accounts audited by suitably qualified accountants.
Statutory books books of account which companies must keep by law to show and explain all their transactions.
Statutory demand a written demand for payment of a debt of more than £750.
Statutory instrument a power delegated by Parliament. Parliament can delegate its power to make and amend law to a person or organisation. A statutory instrument is one of these powers and is used by government ministers to amend legislation.
Stay of execution the suspension of the carrying out of a court order.
Stipendiary magistrate a magistrate who gets a salary.
Stockbroker a person who buys and sells stocks and shares for clients.
Subduct to withdraw.
Subject to contract an agreement which is not binding until a contract has been signed.
Sub judice describes something being dealt with by a court which cannot be discussed outside the court. (This term is Latin.)
Subpoena a writ requiring the person it is addressed to to attend at a specific place (such as a court) on a specific date and at a stated time.
Subrogation substituting one person for another including all rights and responsibilities.
Subscribers the people who set up a limited company.
Subsidiarity subsidiary activities. Member countries of the European Community agreed that activities could be done by the individual member countries unless they could not do them adequately alone. The European Community therefore should only do subsidiary activities and this is called subsidiarity.
Subsidiary a company controlled by another company. The control is normally a result of having more than 50% of the voting rights.
Sue to start legal proceedings in the civil court against someone.
Suicide the act of killing oneself intentionally.
Sui generis describes something that belongs in a particular category or is the only one of its class. (This term is Latin.)
Sui juris describes someone who can enter into a contract without any restriction. (This term is Latin.)
Suit proceedings brought by one person against another in a civil court.
Summary judgement obtaining judgement without a trial. In an action in the High Court to recover damages or a debt, if the claimant ('plaintiff' before April 1999) swears an affidavit that it is believed that there is no defence to the claim, the claimant ('plaintiff' before April 1999) can obtain summary judgement.
Summary offence an offence that can only be tried by magistrates. Most minor offences are summary offences.
Summary proceedings a trial by magistrates, where the defendant has the right to choose which court should hear the case, but has agreed to be tried in the magistrates' court.
Summary trial a trial by magistrates.
Summing up the judge's summary of a case. At the end of a trial by jury the judge explains points of law in the case to the jury, explains the jury's role and summarises the evidence.
Summons an order by a court that a person attend at a particular court at a stated time on a particular date.
Superior courts the higher courts in English law, which include the High Court, the Court of Appeal, the Crown Court and the House of Lords. Their decisions act as precedents for the lower courts to follow.
Supervision order a court order that a child should be supervised by a probation officer or a local authority.
Supra above (see above or before in the document). (This word is Latin.)
Supreme Court the highest court below the House of Lords. The full name is the Supreme Court of Judicature. It is divided into:
_ the Crown Court;
_ the High Court of Justice; and
_ the Court of Appeal.
Surcharge a penalty charged if tax is paid late. It is also an extra charge banks make if customers do not keep to the agreements they made with the bank.
Surety someone who takes responsibility for someone else's debts or promises, and guarantees that they will be paid or undertaken (done). It is also the name for the money put up as security that someone will appear in court. If they do not appear in court the money will be forfeited.
Suspended sentence a sentence that is postponed until the offender is convicted of another offence.
SWIFT payment a payment from one bank account to another using the SWIFT system. SWIFT stands for Society for Worldwide Interbank Financial Telecommunications and it is an international system for paying by credit transfer.
