Summary adjudication is a pre-trial procedural device that allows a court to determine the merits of a particular cause of action, an affirmative defense, a claim for damages, and/or an issue of duty. This procedural device can be brought by...
courts and procedure
summation
In a legal trial, summation refers to the final, closing argument articulated by a litigant to a judge or jury concerning the merits of their side of a case. In contrast to an opening statement, in which a litigant may only preview what the...
summons
A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server...
supersedeas
Supersedeas (also termed “writ of supersedeas”) is Latin for “you shall desist,” and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor’s power to levy execution.
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supplemental jurisdiction
A way for federal courts to hear claims for which they would not ordinarily have jurisdiction. Supplemental jurisdiction only exists in the situation where a lawsuit consists of more than one claim, and the federal court has valid jurisdiction (either...
suppression
In a criminal case, most evidence gathered in violation of the Constitution is inadmissible at trial, due to the exclusionary rule. Evidence that has been kept out in this manner is said to have been “suppressed.”
surrebuttal
Surrebuttal is the response to a rebuttal that the responding party may be allowed to make in rare circumstances. Usually, a court will only allow the moving party to have a rebuttal to the evidence and arguments of the responding party....
suspension of deportation
Suspension of deportation is a relief rule for aliens in deportation proceedings under the Immigration and Nationality Act (INA) of 1952, which authorizes an immigration judge the discretion to relieve aliens of deportations. This rule was...
swindle
To swindle means to dispossess someone of money or property through fraud or deceit.
[Last updated in March of 2022 by the Wex Definitions Team]
taking the Fifth
“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual’s decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution. During questioning by...