A severability clause is a contract provision that keeps the remaining portions of the contract in force should a court declare one or more of its provisions unconstitutional, void, or unenforceable.
[Last updated in June of 2024 by...
courts and procedure
sheriff's sale
A sheriff’s sale is a public auction conducted by a sheriff or other law enforcement official, typically as a result of a court order to sell property to satisfy a judgment or debt. This type of sale often occurs when a property owner has...
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...
shifting the burden of proof
Shifting the burden of proof means to change the responsibility of proving or disproving a point from one party to the other party. Shifting the burden of proof is used in a variety of legal areas to allow more flexibility in courtroom...
shocks the conscience
“Shocks the conscience” refers to situations that seem grossly unjust to the observer. Courts often use this phrase as a test to determine which situations are so unjust or wrong that the court must intervene. If some event shocks the...
shortening time
Shortening time is a court order made per the request of a party by a motion filed, allowing a motion or other legal matter to be set at a time shorter than provided by law or rules of court. Shortening time is usually granted when the time...
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...
show cause order
See: order to show cause
[Last updated in August of 2021 by the Wex Definitions Team]
sidebar
The sidebar is the area in front of or next to the bench that is removed from the witness stand and the jury box. Judges will often call attorneys to speak confidentially with the judge privately so that the jury cannot hear what is...
small claims court
A small-claims court is a state court where legal claims that fall below a statutory threshold - generally between $2,500 and $25,000 depending on the particular state - are adjudicated. The rules of evidence in small-claims courts are...