Legal Terms: S
S Election
taxA tax election under Subchapter S of the Internal Revenue Code allowing eligible corporations to be taxed as pass-through entities, avoiding double taxation.
Safe Drinking Water Act
environmentalA federal law protecting public drinking water supplies by establishing standards for drinking water quality and regulating underground injection of contaminants.
Sales Tax
taxA consumption tax imposed by state and local governments on the sale of goods and certain services, collected by the seller at the point of sale.
Sanction
courtsA penalty or punitive measure imposed by a court for violations of rules, orders, or standards of conduct.
Sarbanes-Oxley Act
securitiesA 2002 federal law establishing enhanced financial disclosure requirements and corporate governance standards for public companies in response to accounting scandals.
Search and Seizure
criminalThe examination of a person's property by law enforcement and the taking of evidence. The Fourth Amendment protects against unreasonable searches and seizures.
Search Warrant
criminalA court order authorizing law enforcement to search a specific location for specific evidence of a crime, based on probable cause.
SEC Rule 10b-5
securitiesThe principal antifraud provision under the Securities Exchange Act of 1934, prohibiting any act of fraud or deceit in connection with the purchase or sale of securities.
Second Amendment
constitutionalThe constitutional amendment protecting the right of individuals to keep and bear arms.
Section 179
taxAn IRS provision allowing businesses to deduct the full purchase price of qualifying equipment and software in the year of purchase, rather than depreciating it over time.
Secured Creditor
bankruptcyA creditor whose claim is secured by a lien on or security interest in the debtor's property, giving the creditor priority over unsecured creditors.
Secured Debt
bankruptcyA debt backed by collateral (property) that the creditor can seize if the debtor defaults.
Securities Act
securitiesThe Securities Act of 1933, which requires registration of securities offerings and mandates disclosure of material information to investors.
Securities Fraud
securitiesAny deceptive practice in connection with the sale or purchase of securities, including misrepresentation, market manipulation, and insider trading.
Security Safeguard
healthcareAdministrative, physical, and technical measures required under the HIPAA Security Rule to protect the confidentiality, integrity, and availability of electronic protected health information.
Self-Determination
tribalThe federal policy promoting tribal control over programs and services previously administered by the Bureau of Indian Affairs, established by the Indian Self-Determination and Education Assistance Act.
Self-Employment Tax
taxA tax consisting of Social Security and Medicare taxes paid by individuals who work for themselves, equivalent to both the employer and employee portions.
Self-Incrimination
constitutionalThe act of providing testimony or evidence that exposes oneself to criminal prosecution. The Fifth Amendment protects against compelled self-incrimination.
Sentence
criminalThe punishment imposed by a court on a person convicted of a crime, which may include imprisonment, fines, probation, or community service.
Sequestration
civil procedureThe isolation of a jury from outside contact during deliberation, or the court-ordered seizure of property to preserve it during litigation.
Service of Process
civil procedureThe formal delivery of legal documents (summons, complaint) to a defendant or party, notifying them of legal proceedings and establishing the court's jurisdiction.
Servicemembers Civil Relief Act
militaryA federal law providing legal protections to active-duty military members, including reduced interest rates, stay of proceedings, and protection from default judgments.
Setback Requirement
real estateA zoning regulation specifying the minimum distance a building must be from a property line, street, or other structure.
Setoff
civil procedureA defendant's right to reduce the plaintiff's claim by an amount the plaintiff owes the defendant, arising from a different transaction.
Settlement
civil procedureAn agreement between parties to resolve a dispute without a full trial, often involving the payment of money in exchange for dismissal of claims.
Seventh Amendment
constitutionalThe constitutional amendment preserving the right to a jury trial in civil cases where the amount in controversy exceeds twenty dollars.
Severance Agreement
employmentA contract between an employer and a departing employee providing compensation or benefits in exchange for a release of legal claims against the employer.
Sexual Harassment
employmentUnwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment or creates a hostile work environment.
Short Selling
securitiesThe sale of a security that the seller does not own, borrowed from a broker, with the expectation that the price will decline so it can be repurchased at a lower price.
Short-Term Capital Gain
taxProfit from the sale of an asset held for one year or less, taxed as ordinary income at the taxpayer's marginal rate.
Sine Qua Non
generalLatin for 'without which not.' An essential condition or element without which something cannot exist or occur.
Sixth Amendment
constitutionalThe constitutional amendment guaranteeing criminal defendants the right to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and counsel.
Slander
tortA form of defamation involving false spoken statements that harm a person's reputation. Distinguished from libel, which involves written statements.
Slayer Rule
estateA legal principle preventing a person who intentionally kills another from inheriting from or benefiting from the victim's estate.
Small Business Debtor
bankruptcyA Chapter 11 debtor with total noncontingent debts not exceeding a statutory threshold, subject to streamlined procedures and shorter deadlines.
Small Claims Court
courtsA court with simplified procedures and low filing fees that handles minor civil disputes, typically involving amounts below $5,000-$10,000.
Sole Proprietorship
businessA business owned and operated by a single individual, with no legal separation between the owner and the business.
Sovereign
constitutionalThe supreme authority within a territory; in the U.S., sovereignty resides in the people and is exercised through federal and state governments.
Sovereign Immunity
constitutionalThe legal doctrine that the government cannot be sued without its consent, derived from the principle that the sovereign is immune from legal action.
Special Court-Martial
militaryAn intermediate level of military court with jurisdiction over most UCMJ offenses, authorized to impose limited punishments including confinement and discharge.
Specific Performance
contractsAn equitable remedy requiring a party to fulfill their contractual obligations, typically ordered when monetary damages are inadequate (e.g., unique property sales).
Specification
ipThe written description portion of a patent application that describes the invention in sufficient detail to enable a person skilled in the art to make and use it.
Spill Prevention Control
environmentalRegulations requiring facilities storing significant quantities of oil to prepare and implement plans to prevent oil spills into navigable waters.
Spousal Support
familyFinancial payments made by one spouse to the other during or after a divorce to maintain their standard of living. Also called alimony or maintenance.
Staff Judge Advocate
militaryThe senior legal adviser to a military commander, responsible for providing legal counsel on all matters affecting the command.
Stakeholder
businessA person or entity with an interest in or affected by a course of action, transaction, or legal proceeding.
Standard Deduction
taxA fixed dollar amount that reduces taxable income for taxpayers who do not itemize deductions, with the amount varying by filing status.
Standard of Care in Medicine
healthcareThe degree of care and skill that a reasonably competent healthcare provider in the same specialty would exercise under similar circumstances.
Standing
civil procedureThe legal requirement that a party bringing a lawsuit must have a sufficient connection to and harm from the issue, demonstrating a personal stake in the outcome.
Stare Decisis
generalLatin for 'to stand by things decided.' The legal principle obligating courts to follow precedent established by prior decisions on similar issues.
Stark Law
healthcareA federal statute prohibiting physicians from referring patients for designated health services to entities with which the physician has a financial relationship, unless an exception applies.
State Implementation Plan
environmentalA plan developed by each state to implement the requirements of the Clean Air Act for attaining and maintaining the National Ambient Air Quality Standards.
Statement of Financial Affairs
bankruptcyA document filed by the debtor in bankruptcy disclosing recent financial transactions, lawsuits, and other matters relevant to the case.
Statute
generalA law enacted by a legislative body (Congress, state legislature, or local council).
Statute of Frauds
contractsA legal principle requiring certain types of contracts to be in writing to be enforceable, including contracts for the sale of land and agreements lasting more than one year.
Statute of Limitations
civil procedureA law prescribing the maximum time period within which a legal action must be filed. The period varies by type of claim and jurisdiction.
Statute of Limitations for Tax
taxThe time period during which the IRS can assess additional taxes or a taxpayer can claim a refund, generally three years from the filing date.
Stay
civil procedureA court order suspending or halting legal proceedings or the enforcement of a judgment. In bankruptcy, the automatic stay stops creditor collection actions.
Stock Option
securitiesA contractual right granted by a company to buy or sell its stock at a predetermined price within a specified period.
Stormwater Permit
environmentalA permit required under the Clean Water Act for discharges of stormwater from construction sites, industrial facilities, and municipal separate storm sewer systems.
Strict Liability
tortLegal responsibility for damages or injury without proof of negligence or intent. Applied in product liability cases and abnormally dangerous activities.
Subchapter V
bankruptcyA streamlined reorganization process under Chapter 11 for small business debtors, introduced by the Small Business Reorganization Act of 2019.
Subordination
propertyAn agreement placing one creditor's claim or lien behind another's in priority.
Subpoena
civil procedureA court order requiring a person to appear as a witness or produce documents. A subpoena duces tecum specifically requires the production of documents.
Subrogation
generalThe substitution of one party for another regarding a legal claim or right, allowing the substituting party to pursue the claim.
Substantive Due Process
constitutionalThe constitutional doctrine protecting fundamental rights from government interference, regardless of the procedures used.
Substantive Law
generalLaw that defines rights, duties, and obligations, as distinguished from procedural law, which governs the process of enforcing those rights.
Successor
generalA person or entity that takes over the rights, obligations, or property of another, such as a corporate successor or heir.
Suitability
securitiesA FINRA rule requiring broker-dealers to have a reasonable basis for believing that a recommended transaction or investment strategy is suitable for the customer.
Summary Court-Martial
militaryThe lowest level of military court, consisting of one commissioned officer, with jurisdiction over minor offenses and limited sentencing authority.
Summary Judgment
civil procedureA court decision made without a full trial when the judge determines there is no genuine dispute of material fact and one party is entitled to judgment as a matter of law.
Summons
civil procedureA notice served on a defendant informing them that a lawsuit has been filed and requiring them to appear in court or respond within a specified time.
Superfund
environmentalThe federal program established by CERCLA to identify, investigate, and clean up hazardous waste sites across the United States.
Supersedeas Bond
civil procedureA bond posted by the appellant to stay (delay) the execution of a judgment during the appeal process.
Supplemental Register
ipA secondary trademark register at the USPTO for marks that are not inherently distinctive but may acquire distinctiveness through use over time.
Supremacy Clause
constitutionalArticle VI of the Constitution establishing that federal law is the supreme law of the land and takes precedence over conflicting state laws.
Supreme Court
courtsThe highest court in the United States (and in most state judicial systems), serving as the final arbiter of constitutional and federal legal questions.
Surety
contractsA person or entity that assumes responsibility for the debt, obligation, or performance of another party. A surety bond guarantees performance.
Survey
real estateA professional measurement and mapping of a parcel of real property to determine its boundaries, area, and features.