service of
process - Notifying a person
that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a
summons, citation or warrant, to which a copy of the complaint is attached. Subpoenas are court orders which, if
properly served, compel the attendance of the witness in court.
slander
- See Defamation.
small
claims - A civil dispute in
which the amounts of money involved is less than $2,000. Persons usually are not represented by lawyers in small
claims proceedings. Small claims are litigated in the small claims division of the District Court, or in the
Justice Court.
sovereign
immunity - The doctrine that a
government or governmental agency cannot be sued without consent.
specific
performance - A mandatory
order in equity. Where monetary damages would be inadequate compensation for the breach of a contract, the
contractor will be compelled to perform specifically what the contract called for.
standard of
proof - There are essentially
three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must
be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings,
the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases,
and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies:
proof by clear and convincing evidence.
stare
decisis - The doctrine that,
when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that
principle and apply it to future cases where the facts are substantially the same. This is a defining
characteristic of the common law system followed in the U.S., Great Britain, and a few other
nations.
status
offense - Refers to
misbehavior which would not be criminal if committed by an adult (e.g., truancy, runaway, etc.), but is defined as
an offense when committed by a minor because of the minor's status.
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