The Due Process clauses in the United States Constitution prohibit courts from exercising personal jurisdiction over a defendant unless the defendant has proper notice of the court's proceedings. To meet this rule, courts require plaintiffs to arrange...
civil procedure
shareholder derivative suit
A shareholder (stockholder) derivative suit is a lawsuit brought by a shareholder or group of shareholders on behalf of the corporation against the corporation’s directors, officers, or other third parties who breach their duties.The claim of...
sheriff's sale
A public auction held by a sheriff's office, usually to satisfy some unpaid debt or judgment.
Sherman Antitrust Act
Sherman Antitrust Act of 1890 is a federal statute which prohibits activities that restrict interstate commerce and competition in the marketplace. It outlaws any contract, conspiracy, or combination of business interests in restraint of...
shotgun charge
A shotgun charge (also referred to as dynamite, nitroglycerin, third-degree or Allen charge) refers to jury instructions given by a court to a hung jury to encourage it to continue deliberating until it reaches a verdict. Since a mistrial...
SLAPP suit
Strategic Lawsuit Against Public Participation (SLAPP suit) refers to lawsuits brought by individuals and entities to dissuade their critics from continuing to produce negative publicity. By definition, SLAPP suits do not have any true legal...
speaking demurrer
A speaking demurrer is a demurrer that alleges something in addition to what is contained in the pleading to which the demurrer is filed; a demurrer that attempts to introduce new evidence (evidence outside of the record). Since demurrers...
special appearance
Special appearance is a tool defendants can use to challenge a court’s jurisdiction over them. If a court does not have personal jurisdiction or there are other errors like for service of process, many states allow defendants to challenge the...
special master
A "special master" is appointed by a court to carry out some sort of action on its behalf. Theoretically, a "special master" is distinguished from a "master". A master's function is essentially investigative, compiling evidence or documents to inform...
special verdict
A verdict in which the jury gives its findings on factual issues in the case, without necessarily stating which party should win. The judge decides what questions the jury should answer, and the judge can draw legal implications from the jury's...