civil procedure

spousal privilege

Spousal privilege, also known as marital privilege and husband-wife privilege, includes two types of privileges: the spousal communications privilege and the spousal testimonial privilege.

The spousal communications...

Stambovsky v. Ackley

Parties

Appellant/Plaintiff: Jeffrey M. Stambovsky

Respondent/Defendant: Helen V. Ackley et al.

Court and Date

Appellate Division 1st Department of the Supreme Court...

Statutory damages are a type of damages awarded in a successful claim to compensate for an injury or loss, whose amount is pre-established by statute. Statutory damages are commonly used in areas of the law in which it might be complex to...

statutory offer of settlement

Statutory offer of settlement is a monetary offer extended to a plaintiff by a defendant to settle all disputes before trial. Usually the plaintiff has a short period of time depending on the state and case to accept the offer. If the...

stay of proceedings

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...

stipulation

Stipulation generally means an agreement, a bargain, proviso, or condition. If the stipulation complies with an applicable statute or rule of court, it will be binding. A stipulation could mean a fact, promise, or provision in a contract...

stockholder's derivative action

A stockholder's derivative action, also referred to as a shareholder 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...

subject matter jurisdiction

The power of a court to adjudicate a particular type of matter and provide the remedy demanded.

Overview

A court must have jurisdiction to enter a valid, enforceable judgment on a claim. Where jurisdiction is lacking, litigants, through...

subpena (subpoena)

A subpoena is a court order that requires a person to appear before a court, and testify, or produce specified evidence. A person who receives a subpoena but fails to comply with it may be charged with contempt of court and be subjected to...

subpoena

A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be...