wex definitions

Shifting the burden of proof refers to transferring the responsibility of producing evidence or persuading the fact-finder from one party to the other.

A shipment contract is a type of sales agreement where the buyer assumes the risk of loss once the seller delivers the goods to a 

• contract law

“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 conscience of the court, the court will look for some remedy to fix the problem. 

Shoplifting is generally defined as the unauthorized removal of merchandise from a store without paying for it, or intentionally paying less for an item than its sale price. However, shoplifting can include carrying, hiding, concealing, or otherwise manipulating merchandise with the intent of taking it or paying less for it. 

• lawsuits-court
• criminal law

A short cause, also termed short-cause trial, is a case that requires only a brief trial. A short cause case usually lasts a day or less. If a short cause case lasts longer than a day, the judge may declare a mistrial and reset the case as long cause.

Short sale in real estate refers to a sale of a house when the sale price is less than the outstanding mortgage on the property. Short sales occur when the homeowner is in financial trouble and needs the home sold quickly. In order for a short sale to occur, the lending institution must agree to the short sale. Often, lenders agree not to hold the homeowner liable for any outstanding balance, and in some states, lenders are required to waive the outstanding balance.

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.

Under federal law, a “shotgun” has two statutory definitions.

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

See: order to show cause

[Last reviewed in August of 2021 by the Wex Definitions Team]