Pennsylvania Car Accident Glossary of Terms

Sacrum

Large, triangular bone located at the bottom of the pelvis that is inserted like a wedge between the two hip bones.

Settlement

An agreement reached between the parties to a claim or a lawsuit that resolves the dispute before it enters litigation or before it is determined by a jury verdict

Settlement demand

See demand letter.

Several liability

Liability separate and distinct from the liability of another which is sufficient to support a lawsuit without reference to anyone else's liability.

Severance of actions

Judicial proceeding separating the claims of multiple parties and permitting separate actions on each one or some combination of them.

Show cause order

Judicial direction to appear in court and present reasons why the court should not take a proposed action.

Social host liability

The liability of a person (the "social host") who furnishes free alcoholic beverages to another (the "guest"), when the guest subsequently sustains injuries or causes injury to a third person because of his intoxication.

Sovereign immunity

The doctrine of sovereign immunity precludes a litigant from asserting a claim against a sovereign, or governmental authority, even if the claim would be successful. Historically, sovereigns, like federal and state governments and cities and towns, were immune from tort liability when the tort arose from a government activity. Today, most jurisdictions have abandoned total sovereign immunity in favor of permitting tort actions against sovereigns with certain restrictions and limitations, including limited damages.

Special jurisdiction

Power of a court to deal with only a limited type of case.

Spoliation

Generally, the destruction of evidence.

Stack or Stacking

In Pennsylvania automobile insurance law, purchasers of insurance have the option to "stack" uninsured and underinsured motorist coverage. If you choose "stacking," this means that you can add the coverage together for each vehicle you have insured, at least under the policy. (An issue presently exists as to whether you can "stack" coverages under separate policies of insurance.) For example, if you have two vehicles with $100,000/$300,000 (meaning $100,000 available per person, and $300,000 available per accident) in uninsured or underinsured motorist coverage, you can "stack" the coverages and have available $200,000/$600,000 in coverage.

Standard of care

In the law of negligence, the degree of care which a reasonable, prudent, or careful person should exercise under the same or similar circumstances. If the standard falls below that established by law for the protection of others against unreasonable risk of harm, the person may be liable for damages resulting from such conduct.

Standard of proof

Degree of proof required in a specific kind of case to prevail. In a majority of civil cases, it is proof by a preponderance of the evidence.

Stare decisis

Policy of the courts to not overturn precedents; adherence to precedents.

Statute

Generally, a law created by a legislature.

Statute of limitations

The time prescribed by statute in which a plaintiff can bring a lawsuit.

Stay

Court-ordered suspension of a judicial proceeding.

Stipulation

Agreement between parties involved in a legal dispute.

Strict construction

Judicial interpretation of the law whereby the judge adheres to the literal meaning of the words. Compare with liberal construction which expands the literal meaning of the statute to meet cases that are clearly within the spirit or reason of the law.

Strict liability

Doctrine that holds defendants liable for harm caused by their actions regardless of their intentions or lack of negligence. Often applied to manufacturers or sellers of defective products in products liability cases.

Subject matter jurisdiction

The court's power to deal with the general subject matter involved in a case. For example, a bankruptcy court judge has no subject matter jurisdiction to hear a divorce case.

Subornation of perjury

Procuring someone to make a false statement under oath.

Subpoena

Command to appear at a certain place and time.

Subpoena duces tecum

Command to produce some document or paper.

Subrogation

Substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company may have the right of subrogation to sue anyone whom the person it compensated had a right to sue.

Substantive law

The body of law that creates, defines, and regulates rights. Compare with procedural law which prescribes the manner to enforce rights or obtain redress for invasion of rights.

Sue

The act of bringing a lawsuit.

Suit or lawsuit

Generally, a court action brought by one person, the plaintiff, against another, the defendant, seeking compensation for some injury or enforcement of a right.

Summons

Formal document beginning a civil action or special proceeding which is a means to gain jurisdiction over a party. Also, a document directed to a sheriff or other authorized person ordering him to serve the person named on the summons who must appear at a certain place and time to respond to the action.

Supreme Court (Pennsylvania)

Highest appellate court in Pennsylvania.

Survival action

A survival action is brought by the administrator of a deceased person's estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent's personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

Survival statutes

Statutory law that provides for a legal action to continue after the death of a person involved in the action

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