Subpoena A command to appear at a certain time and place to give testimony upon a certain matter.
Subpoena Duces Tecum A court order commanding a witness to bring certain documents or records to court.
Substantive criminal law Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to “remedial law” which provides methods of enforcement.
Substantive law The statutory or written law that governs rights and obligations of those who are subject to it.
Summary judgment A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.
Summons Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.
Support trust A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary’s support.
Suppress To forbid the use of evidence at a trial because t is improper or was improperly obtained.
Surety Bond A bond purchased at the expense of the estate to insure the executor’s proper performance. Also referred to as “fidelity bond.”
Suspension A temporary loss of the right to practice law by an attorney.
Sustain A court ruling upholding an objection or a motion.
Tangible Personal Property Memorandum (TPPM) A legal document that is referred to in a will and used to guide the distribution of tangible personal property.
Taxable income The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.
Tax Court of the United States A judicial body which hears cases concerning federal tax laws.
Temporary relief Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.
Temporary restraining order An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.
Tender of performance An offer or attempt to do what is required under a contract or under the law.
Testamentary capacity The legal ability to make a will.
Testamentary trust A trust set up by a will.
Testator Person who makes a will (Female: testatrix).
Testimony The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
Third party complaint A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.
Title Legal ownership of property, usually real property or automobiles.
Tort A private or civil wrong or injury for which the court provides a remedy through an action for damages.
Trademark A word, name, symbol, or devise used by a manufacturer to distinguish his goods from those sold by others.
Transcript A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.
Transmittal form Form required in certain courts for transmitting documents for filing.
Treatise A formal and systematic book or writing containing a narrative statement on a field of law.
Trial A judicial examination of issues between parties to an action.
Trial brief A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney’s position at trial.
Trust A legal device used to manage real or personal property, established by one person (grantor or settlor) for the benefit of another (beneficiary).
Trust agreement or declaration The legal document that sets up a living trust. Testamentary trusts are set up in a will.
Trustee The person or institution that manages the property put in trust.
Truth in lending Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer.
Unconscionability An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.
Undue influence Whatever destroys free will and causes a person to do something he would not do if left to himself.
Unfair labor practice Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights.
Unjust enrichment, doctrine of The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.
Uniform Commercial Code (U.C.C.) A uniform law governing commercial transactions. The U.C.C. has been adopted by all states except Louisiana.
Uniform Laws Annotated Annotated uniform and model acts approved by the National Conference of Commissioners on Uniform State Laws.
Unilateral contract An agreement by which one undertakes an express performance without receiving any express promise of performance from the other.
Union An organization of workers formed for the purpose of collective bargaining.
United States Attorney A federal district attorney appointed by the President to prosecute for all offenses committed against the United States; to prosecute or defend for the government all civil actions in which it is concerned and perform all duties of the district to which he/she is assigned.
United States Bankruptcy Court The judicial body which hears matters pertaining to bankruptcy and reorganization.