Glossary S

Glossary of Legal Definitions

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The following list of legal definitions taken from the California Court's website may be useful in your California Family Law case. For further definitions in other areas of law not covered here, please visit the California Court's website.

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Statutory Damages For Malice

A financial penalty set by law if one of the parties has acted with malice. Malice is conscious, intentional wrongdoing based on ill will, hatred or total disregard for the other’s well-being.

Surrogate Parent

A person that substitutes for the legal parent to advocate for a child’s special educational rights and needs; can be selected by the child’s parent or appointed by the local educational agency (LEA).

Stay Order

An order issued by a court stopping court proceedings until a further, specified event takes place.

Suspend

To postpone, stay, or withhold certain conditions of a judicial sentence for a temporary period of time.

Stipulated Judgment

An agreement between the parties to a case that settles a case. For example, if you and your spouse agree on all the matters about your divorce, you can submit a stipulated judgment to the court. The stipulated judgment must be signed by both you and your spouse, and will list your agreements about the division of property and debts, child and spousal support and child custody and visitation. Once the stipulated judgment is signed by the judge, it becomes the judgment in your case.

Stipulation

An agreement relating to a pending court proceeding between parties or their attorneys.

Strike

To delete or remove, as in to strike (a case) from the court’s calendar.

Sua Sponte

Commonly used to describe when a judge does something without being asked to by either party in a case; from the Latin for “of one’s own will.”

Subpoena

An official order to go to court at a stated time. Subpoenas are commonly used to tell witnesses to come to court to testify in a trial. The term subpoena is also used generally to apply to a subpoena duces tecum.

Subpoena Duces Tecum

An official court order to bring documents or records to a stated place at a stated time.


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