Surplusage is language contained in a pleading that is unnecessary or irrelevant. For example, in an indictment, surplusage is the allegation of any fact or circumstances that is not a necessary element to the offense. Surplusage may be...
legal practice/ethics
surrebuttal
Surrebuttal is the response to a rebuttal that the responding party may be allowed to make in rare circumstances. Usually, a court will only allow the moving party to have a rebuttal to the evidence and arguments of the responding party....
suspect
A suspect is a person who is believed to have committed a crime, but has not yet been found guilty. If a suspect received an arrest warrant, they might then be identified as a defendant; and after the suspect was convicted or found guilty,...
swear
Swear is the action of either administering or taking an oath.
Public officials are sworn in prior to taking their office. For example, inauguration day is when the President swears an oath of office. Witnesses taking the...
swearing match
A swearing match refers to a case that turns the word of one witness against another. A swearing match situation arises when two witnesses’ words irreconcilably enter into conflict. Usually, this occurs when there is no other evidence to...
swift witness
See zealous witness.
[Last updated in October of 2021 by the Wex Definitions Team]
swindle
To swindle means to dispossess someone of money or property through fraud or deceit.
[Last updated in March of 2022 by the Wex Definitions Team]
tainted evidence
In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example, if authorities gather evidence using a wiretap without a proper warrant, the evidence will be deemed...
taking the Fifth
“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual’s decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution. During questioning by...
temporary insanity
In a criminal trial, temporary insanity is a defense that can be raised to assert that, at the time of the commission of the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature or...