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Summary adjudication of issues

A partial summary judgment motion, in which the judge is asked to decide only one or some of the legal issues in the case. For example, in a car accident case there might be overwhelming and uncontradicted evidence of the defendant's carelessness, but conflicting evidence as to the extent of the plaintiff's injuries. The plaintiff might ask for summary adjudication on the issue of carelessness, but go to trial on the question of injuries.





Summary judgment

A final decision by a judge that resolves a lawsuit in favor of one of the parties. A motion for summary judgment is made after discovery is completed but before the case goes to trial. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that a reasonable jury looking at the same evidence could only decide the case one way--for the moving party. If the judge agrees, then a trial would be unnecessary and the judge enters judgment for the moving party.





Summary probate

A relatively simple probate proceeding available for "small estates", as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.





Summons

A paper prepared by the plaintiff and issued by a court that informs the defendant that she has been sued. The summons requires that the defendant file a response with the court -- or in many small claims courts, simply appear in person on an appointed day -- within a given time period or risk losing the case under the terms of a default judgment.





Sunset law

A law that automatically terminates the agency or program it establishes unless it is expressly renewed. For example, a state law establishing and funding a new drug rehabilitation program within state prisons may provide that the program will shut down in two years unless it is reviewed and approved by the state legislature.





Sunshine laws

Statutes that provide public access to governmental agency meetings and records.





Superior court

The main county trial court in many states, mostly in the west. See state court.





Supplemental Register

The list on which non-distinctive trademarks or service marks are placed if federal registration has been sought. Descriptive marks, surnames and marks consisting primarily of geographical terms are usually placed on this register, which offers limited protection for marks.





Supremacy clause

Provision under Article IV, Section 2 of the U.S. Constitution, providing that federal law is superior to and overrides state law when they conflict.





Supreme Court

America's highest court, which has the final power to decide cases involving the interpretation of the U.S. Constitution, certain legal areas set forth in the Constitution (called federal questions) and federal laws. It can also make final decisions in certain lawsuits between parties in different states. The U.S. Supreme Court has nine justices -- one of whom is the Chief Justice -- who are appointed for life by the President and must be confirmed by the U.S. Senate. Most states also have a supreme court, which is the final arbiter of the state's constitution and state laws. However, in several states -- most notably New York and Maryland, where it's called the "Court of Appeals", and Massachusetts, where it's called the "Supreme Judicial Court" -- the highest state court uses a different name.





Surrender value

See avails.





Surrogate court

See probate court.





Surviving spouse

A widow or widower.





Surviving spouse's trust

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.





Survivors benefits

An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disability benefits.





Swearing match

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.





taking

See eminent domain.





taking against the will

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called "taking against the will." Dower and curtesy is another name for the same legal process.





tangible personal property

Personal property that can be felt or touched. Examples include furniture, cars, jewelry and artwork. However, cash and checking accounts are not tangible personal property. The law is unsettled as to whether computer data is tangible personal property. Compare intangible property.





tax basis

See basis.





temporary restraining order (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.





tenancy by the entirety

A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.





tenancy in common

A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they"ve agreed otherwise in writing.





tenant

Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the "lessee."





tenants in common

See tenancy in common.







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