Legal Glossary - S

Settlement - The settlement is an agreement between the prosecution/plaintiff and the defendant parties that end a lawsuit.

Several Liability - Several liability is liability that is distinct and separate from the liability of another person with sufficiency to support a lawsuit without regards to the liability of any one else.

Severance - Severance is a separation by court order, such as separating trials for defendants for people who are charged with the same crime or to try the negligence of a lawsuit before a trial on damages is completed. Severance is granted when a joint trial may be unfair or when the decision on negligence of an issue may save the hearing of the rest of the case or impact its validity.

Standard of Care - The standard of care is the degree of care which persons should take under similar circumstances. If the standard of care falls below the level established by law for the protection of others from harm, the person responsible may be liable to pay for damages that result from their conduct.

Statute of Limitations - The statute of limitations is the time limit that is prescribed by a statute that enforces the time limit that a plaintiff can bring a lawsuit after an incidence.

Strict Construction - Strict construction is when a judge must adhere to the literal meaning of the words in a statute or law. Strict construction is opposite to liberal construction which allows the judge to expand the literal meaning to meet cases that fall within the reason of the law.

Sue - To sue is to bring a lawsuit against a person, group, or business.

Summons - A summons is a formal document that starts a civil action or proceeding which is a way to gain jurisdiction over a party. A summons may also be a document directed to a sheriff or authorized person that orders him to serve the person who is named on the summons, of which that person must appear at a specific place and time to respond to the action against them.

Survivor Action - The survivor action is brought by the administrator of a deceased person's estate to recover the loss to the estate that is resulted from a tort. The personal representative of a deceased person may bring survivor action against a defendant.

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