Stay of execution is directed by a court to stop some form of enforcement action. A stay of execution can apply in many circumstances like stopping the sale of property in bankruptcy or the execution of a death penalty. When a stay of execution may be given will differ based on the jurisdiction or topic, but stays are often given pending an appeal or when changes in circumstances call for a new trial or bankruptcy proceedings.
A stay of proceedings is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding. Some stays are automatic, but others are up to judicial discretion. Usually, the pendency of an appeal stays proceedings in the court below.
A stockholder’s derivative action, or shareholder derivative suit, is a lawsuit filed by a shareholder on behalf of the corporation against directors, officers, or
A stop-and-frisk refers to a brief non-intrusive police stop of an individual. The Fourth Amendment requires that before stopping the suspect, the police must have a reasonable suspicion that a crime has been, is being, or is about to be committed by the suspect.
Latin for "of one's own accord" - sua sponte is used to indicate that a court has taken notice of an issue on its own motion, without prompting or suggestion from either party.
Subject matter jurisdiction is the power of a court to adjudicate a particular type of matter and provide the remedy demanded.
A court must have jurisdiction to enter a valid, enforceable judgment on a claim. Where jurisdiction is lacking, the validity of a judgment can be retroactively challenged.
Submit means to commit to the discretion or judgment of another, or to present for determination. The most common uses of the term “submit” in a legal sense include:
