connote a status lower than that
of villein. The merger was to the detriment of the villani,
but it ensured that full slavery was not received as part
of the common law." j.H. Baker, An Intmduction to English
Legal History 532 (3d ed. 1990).
sergeant. 1. Hist. A person who is not a knight but holds
lands by tenure of military service. 2. Hist. A munici
pal officer performing duties for the Crown. 3. Hist. A
bailiff. 4. SERGEANT-AT-ARMS. 5. A noncommissioned
officer in the armed forces ranking a grade above a
corporal. 6. An officer in the police force ranking below
a captain or lieutenant. -Also spelled serjeant. [Cases:
Municipal Corporations 180(2).] seriatim
sergeant-at-arms. 1. Hist. An armed officer attending a
sovereign. 2. An officer the Crown assigns to attend a
session of Parliament. 3. A legislative officer charged
with maintaining order and serving notices and process
on behalf ofthe legislative body and its committees.
[Cases: States (;::;>32.] 4. Parliamentary law. An officer
charged with helping keep order in a meeting under the
chair's direction. Also spelled (in senses 1, 2, & 4)
serjeant-at-arms_ -Also termed (in sense 4) warden;
warrant officer.
sergeantry. See SERJEANTY.
Sergeant Schultz defense. Slang. An assertion by a
criminal or civil defendant who claims that he or she
was not an active partiCipant in an alleged scheme
or conspiracy, and that he or she knew nothing, saw
nothing, and heard nothing . This defense is named
after a character from the television series Hogan's
Heroes, in which Sergeant Schultz, a German guard
in charge of prisoners of war during World War II,
would avoid responsibility for the prisoners' schemes
by proclaiming that he saw nothing and knew nothing.
[Cases: Criminal Law
sergeanty. See SERJEANTY.
serial bond. See BOND (3).
serial consideration. See consideration seriatim under
CONSIDERATION (2).
serial murder. See MURDER.
serial note. See installment note under NOTE (1).
serial number. 1. A number assigned to a specific thing,
esp. a product, to identify it from other things of the
same kind . While serial numbers are usually assigned
in numerical order, they may also be random. 2. Patents
& Trademarks. An identifying number assigned to a
completed patent or trademark application . The serial
number is assigned when the application is received or
completed. See APPLICATION NUMBER.
serial polygamy. See POLYGAMY (2).
serial right. The right of publication; esp., a right reserved
in a publishing contract giving the author or publisher
the right to publish the manuscript in installments (as
in a magazine) before or after the publication of the
book. [Cases: Copyrights and Intellectual Property
C=>38.]
serial violation. (1989) Civil-rights law. The practice
by an employer ofcommitting a series of discrimina
tory acts against an employee, all of which arise out
of the same discriminatory intent or animus . Such
a series of discriminatory acts will usu. be considered
a continuing violation. For a claim on the violation to
be timely, at least one of the discriminatory acts must
have taken place within the time permitted to assert the
claim (e.g., 300 days for a Title VII claim). Cf. SYSTEM
ATIC VIOLATION. [Cases: Civil Rights C=> 1505(7).J
seriatim (seer-ee-ay-tim), adj. Occurring in a series.
seriatim, adv. [Latin] One after another; in a series; suc
cessively <the court disposed of the issues seriatim>. See

1490 seriatim opinions
consideration seriatim under CONSIDERATION. Also
termed sedately (seer-ee-dt-lee).
seriatim opinions. See OPINION (1).
series bonds. See BOND (3).
series code. Patents & Trademarks. A numerical designa
tion aSSigned to any ofa group ofapplications for patent
or trademark registration filed in the U.S. Patent and
Trademark Office . The series code is part ofan appli
cation number and is followed by a slash. For example,
if the application number is 09/445,323, then 09 is the
series code, and the application is the 445,323rd appli
cation in that batch. For ordinary patent applications,
series codes are aSSigned for a group of applications
filed during a particular period. Nonprovisional patent
applications are aSSigned series codes from 01 to 10,
depending on the period during which the application
was filed. The series code for design applications is 29,
for provisional applications 60, for ex parte reexamina
tion proceedings 90, and for inter partes reexamination
proceedings 95. For trademark applications, the series
code usu. begins with numbers between 70 and 75.
Also termed batch number.
series rerum judicatarum (seer-d-eez or seer-eez reer-dm
joo-di-ka-tor-dm). [Law Latin] Scots law. A succession
of decisions deciding a particular principle, as a result
ofwhich a precedent has been established.
serious, adj. 1. (Of conduct, opinions, etc.) weighty;
important <serious violation of rules>. 2. (Of an injury,
illness, accident, etc.) dangerous; potentially resulting
in death or other severe consequences <serious bodily
harm>.
serious and willful misconduct. Workers' compensation.
An intentional act performed with the knowledge that
it is likely to result in serious injury or with a wanton
and reckless disregard of its probable consequences.
[Cases: Workers' Compensation (::=>774; 2093.J
serious bodily harm. See serious bodily injury under
INJURY.
serious bodily injury. See INJURY.
serious crime. 1. See serious offense under OFFENSE (I).
2. See FELONY (1).
serious felony. See FELONY.
serious health condition. Under the Family and Medical
Leave Act, an illness, injury, or physical or mental state
that involves in-patient care or continuing treatment
by a health care provider for several days . Excluded
from the definition are cosmetic treatments and minor
illnesses that are not accompanied by medical compli
cations. [Cases: Labor and Employment (;:=,)351(2).
serious illness. Insurance. A disorder that permanently
or materially impairs, or is likely to permanently or
materially impair, the health ofthe insured or an insur
ance applicant. [Cases: Insurance (::=>3003(9).]
seriously harmful behavior. See HARMFUL BEHAVIOR.
serious misdemeanor. See MISDEMEANOR.
serious offense. See OFFENSE (1). serjeant. I. See SERGEANT. 2. See SERJEANT-AT-LAW.
serjeant-at-arms. See SERGEANT-AT-ARMS.
serjeant-at-law. Hist. English law. A barrister ofsuperior
grade; one who had achieved the highest degree of the
legal profession, having (until 1846) the exclusive privi
lege of practicing in the Court of Common Pleas.
Every judge of the common-law courts was required
to be a serjeant-at-law until the Judicature Act of 1873.
The rank was gradually superseded by that of Queen's
Counsel. -Often shortened to serjeant. -Also termed
serjeant at the law; serjeant of the law; serjeant of the
coif; serviens narrator.
premier serjeant. The serjeant given the primary right
ofpreaudience by royal letters patent. Also termed
prime serjeant. See PREAUDIENCE.
Serjeants' Inn. Hist. A bUilding on Chancery Lane,
London, that housed the Order of Serjeants-at-Law. _
The building was sold and demolished in 1877. Until
1416, the Inn was called Faryndon's Inn or Faryndon
Inn, after Robert Faryndon, who held the lease. Two
other inns in the 15th and 16th centuries were also
called Serjeants' Inn, one in Holborn (sometimes called
Scroops's Inn) and one in Fleet Street.
serjeanty (sahr-jdn-tee). Hist. A feudal lay tenure requir
ing some form of personal service to the king . The
required service was not necessarily military. Many
household officers ofthe Crown, even those as humble
as bakers and cooks, held lands in serjeanty. -Also
spelled sergeanty. Also termed sergeantry.
grand serjeanty. Hist. Serjeanty requiring the tenant to
perform a service relating to the country's defense .
The required service could be as great as fielding an
army or as small as providing a fully equipped knight.
Sometimes the service was ceremonial or honorary,
such as carrying the king's banner or serving as an
officer at the coronation.
petit serjeanty (pet-ee). Hist. Serjeanty requiring only a
minor service ofsmall value, usu. with military sym
bolism. _ Examples include presenting an arrow or
an unstrung bow to the king.
serment (sdr-m;}nt). Hist. An oath.
serological test (seer-d-loj-d-bl). (1931) A blood
examination to detect the presence of antibodies and
antigens, as well as other characteristics, esp. as indica
tors of disease . Many states require serological tests to
determine the presence ofvenereal disease in a couple
applying for a marriage license. See BLOOD TEST.
serpentine vote. See VOTE (4).
serva aliena. See SERVUS.
servage (sdr-vij). Hist. A feudal service that a serf was
required to perform for the lord or else pay the equiva
lent value in kind or money.
servant. (l3e) A person who is employed by another
to do work under the control and direction of the
employer.  A servant, such as a full-time employee,
provides personal services that are integral to an
employer's business, so a servant must submit to the

1491
employer's control of the servant's time and behavior.
See EMPLOYEE. Cf. MASTER (1). [Cases: Labor and
Employment
"A servant, strictly speaking, is a person who. by contract
or operation of law, is for a limited period subject to the
authority or control ofanother person in a particular trade.
business or occupation .... The word servant, in our legal
nomenclature, has a broad significance, and embraces
all persons of whatever rank or pOSition who are in the
employ. and subject to the direction or control of another
in any department of labor or business. Indeed it may. in
most cases, be said to be synonymous with employee."
H.G. Wood, A Treatise on the Law of Master and Servant
 1, at 2 (2d ed. 1886).
fellow servant. See FELLOW SERVANT.
indentured servant. Hist. A servant who contracted to
work without wages for a fixed period in exchange for
some benefit, such as learning a trade or cancellation
ofa debt or paid passage to another country, and the
promise offreedom when the contract period expired.
 Indentured servitude could be voluntary or invol
untary. A contract usu.lasted from four to ten years,
but the servant could terminate the contract sooner
by paying for the unexpired time. Convicts trans
ported to the colonies were often required to serve as
indentured servants as part oftheir sentences.
serve, vb. (ISc) 1. To make legal delivery of (a notice or
process) <a copy ofthe pleading was served on all inter
ested parties>. 2. To present (a person) with a notice or
process as required by law <the defendant was served
with process>. [Cases: Federal Civil Procedure C=>411;
Process C=>48.j
service, n. (ISc) 1. The formal delivery ofa writ, summons,
or other legal process <after three attempts, service still
had not been accomplished>. -Also termed service of
process. [Cases: Federal Civil Procedure (~'411-S18;
Process C=>48-1S0.] 2. The formal delivery ofsome
other legal notice, such as a pleading <be sure that a
certificate ofservice is attached to the motion>. [Cases:
Federal Civil Procedure C=>66S.]
actual service. See PERSONAL SERVICE (1).
constructive service. (1808) 1. See substituted service.
2. Service accomplished by a method or circumstance
that does not give actual notice.
personal service. See PERSONAL SERVICE (1).
service by publication. (1826) The service of process
on an absent or nonresident defendant by publish
ing a notice in a newspaper or other public medium.
[Cases: Federal Civil Procedure <>414; Process C::=>
84-111.]
sewer service. Slang. The fraudulent service ofprocess
on a debtor by a creditor seeking to obtain a default
judgment.
substituted service. (1840) Any method of service
allowed by law in place of personal service, such as
service by mail. -Also termed constructive service.
[Cases: Federal Civil Procedure C=>414; Process
69-111.] servient property
3. The act of doing something useful for a person or
company, usu. for a fee <your services were no longer
required>.
personal service. See PERSONAL SERVICE (2).
4. A person or company whose business is to do useful
things for others <a linen service>.
civil service. See CIVIL SERVICE.
salvage service. See SALVAGE SERVICE.
5. An intangible commodity in the form of human
effort, such as labor, skill, or advice <contract for
services>. [Cases: Contracts C=> 190.]
service, vb. (1927) To provide service for; specif., to make
interest payments on (a debt) <service the deficit>.
service by publication. See SERVICE (2).


make
interest payments on (a debt) <service the deficit>.
service by publication. See SERVICE (2).
service charge. 1. A charge assessed for performing a
service, such as the charge assessed by a bank against
the expenses ofmaintaining or servicing a customer's
checking account. 2. lhe sum of (1) all charges payable
by the buyer and imposed by the seller as an incident
to the extension ofcredit and (2) charges incurred for
investigating the collateral or creditworthiness of the
buyer or for commissions for obtaining the credit.
UCCC  2.109. -Also termed (in sense 2) credit service
charge. [Cases: Consumer Credit
service contract. See CONTRACT.
service establishment. Under the Fair Labor Standards
Act, an establishment that, although haVing the char
acteristics ofa retail store, primarily furnishes services
to the public, such as a barber shop, laundry, or auto
mobile-repair shop.
service life. The period ofan asset's expected usefulness.
 It mayor may not coincide with the asset's depre
ciable life for income-tax purposes.
servicemark. (1945) Trademarks. A name, phrase,
or other device used to identify and distinguish the
services ofa certain provider.  Servicemarks identify
and afford protection to intangible things such as
services, as distinguished from the protection already
provided for marks affixed to tangible things such as
goods and products. -Often shortened to mark.
Also spelled service mark; service-mark. Cf. TRADE
MARK (1); registered trademark under TRADEMARK.
[Cases: Trademarks C=>1024.]
servicemark application. See TRADEMARK APPLICA
TION.
service-occupation tax. See TAX.
service ofprocess. See SERVICE (1).
serviens narrator (s<lr-vee-enz na-ray-t<lr). See SERjEANT
AT-LAW.
servient (sar-vee-"nt), adj. (l7c) (Of an estate) subject to a
servitude or easement. See servient estate under ESTATE
(4). [Cases: Easements C=>1.]
servient estate. See ESTATE (4).
servient property. See servient estate under ESTATE (4).

1492 servient tenant
servient tenant. See TENANT.
servient tenement. See servient estate under ESTATE
(4).
servitia solita et consueta (sar-vish-ee-a soI-a-ta kan
swee-ta). [Law Latin "services used and wont"] Scots
law. A common return required by certain charters,
usu. implying military service, from a vassal to a lord.
servitii praestatio (sar-vish-ee-I pri-stay-shee-oh). [Law
Latin] Hist. The performance of services.
servitiis acquietandis (sar-vish-ee-is a-kwI-a-tan-dis),
n. [Law Latin "for being quit of service"] Hist. A writ
exempting a person from performing certain services,
either because they are not due or because they are due
someone other than the distrainor.
servitium (sar-vish-ee-am), n. [Latin "service"} Hist. The
duty of service; esp., a tenant's duty ofperformance and
obedience to the lord.
servitium feodale et praediale (sar-vish-ee-am fee-a
day-lee [or fyoo-day-Iee] et pree-dee-ay-Iee), n. [Law
Latin} Hist. A personal service due only by reason of
lands held in fee.
servitium forinsecum (sar-vish-ee-am fa-rin-si-kam),
n. [Law Latin} Hist. A service due the king rather than
a lord.
servitium intrinsecum (s;>r-vish-ee-;>m in-trin-si-bm),
n. [Law Latin] Hist. The ordinary service due from a
tenant to the chieflord.
servitium liberum (sar-vish-ee-;>m lib-;>f-;>m), n. [Law
Latin] Hist. The service by a free tenant (not a vassal)
to the lord, as by attending the lord's court or accom
panying the lord into military service. -Also termed
liberum servitium; servitium liberum armorum.
servitium regale (s;>f-vish-ee-;>m ri-gay-lee). [Latin "royal
service"} Hist. The right of a lord of a royal manor to
settle disputes, make assessments, mint money, and
the like.
servitium scuti (sar-vish-ee-<lm sk[y]oo-tI). [Latin
"service of the shield"] Hist. Knight-service.
servitium socae (s<lr-vish-ee-am soh-see). [Latin "service
of the plow"} Hist. Socage.
servitor of bills (s3r-vi-t<lr). Hist. A messenger ofthe
marshal of the King's Bench, sent out to summon
people to court. Also termed tip-stave.
servitude. (16c) 1. An encumbrance consisting in a right
to the limited use of a piece of land or other immov
able property without the possession of it; a charge or
burden on an estate for another's benefit <the easement
by necessity is an equitable servitude>. -Servitudes
include easements, irrevocable licenses, profits, and
real covenants. See EASEMENT; LICENSE; PROFIT (2);
covenant running with the land under COVENANT (4).
[Cases: Covenants 53; Easements 1.] 2.
Roman & civil law. 1he right exercised by a dominant
tenement over a servient tenement, either adjoining
or neighboring. -This right was perpetual except for
personal servitudes; the land, rather than its owner, enjoyed the right. Although a servitude could not be
possessed because it was incorporeal, it could be pro
tected by interdict. Generally, a servitude had to be exer
cised civiliter, with as little inconvenience as possible.
There was never a closed list ofwhat constituted a ser
vitude; for example, Justinian classed personal rights in
re aliena as personal servitude. See SERVITUS (2).
acquired servitude. (1971) A servitude requiring a
special mode ofacquisition before it comes into exis
tence.
additional servitude. (18c) A servitude imposed on
land taken under an eminent-domain proceeding for
a different type of servitude, as when a highway is
constructed on land condemned for a public sidewalk.
- A landowner whose land is burdened by an addi
tional servitude is entitled to further compensation.
affirmative servitude. Civil law. See positive servi
tude.
apparent servitude. (1834) Civil law. A servitude
appurtenant that is manifested by exterior signs or
constructions, such as a roadway. Cf. nonapparent
servitude.
conservation servitude. See conservation easement
under EASEMENT.
continuous servitude. Louisiana law. See continuous
easement under EASEMENT. La. Civ. Code art. 646.
conventional servitude. Civi/law. A servitude estab
lished by agreement or through acquiSitive prescrip
tion. [Cases: Easements ~5,14.]
discontinuous servitude. See discontinuous easement
under EASEMENT.
equitable servitude. See restrictive covenant under
COVENANT (4).
landed servitude. See servitude appurtenant.
legal servitude. (18c) Civil law. A limitation that the law
imposes on the use of an estate for the benefit of the
general public or of a particular person or persons.
_ Examples of legal servitudes are restrictions on
certain uses ofthe shores ofnavigable rivers, and the
obligation of a landowner to provide a passage to an
enclosed estate.
mineral servitude. (1931) Louisiana law. A servitude
granting the right to enter another's property to
explore for and extract minerals; speci., under the
Louisiana Mineral Code, a charge on land in favor of
a person or another tract ofland, creating a limited
right to use the land to explore for and produce
minerals. -The servitude is generally eqUivalent to
the severed mineral interest in a common-law state.
Mines and Minerals 62.1, 73.1(6).]
natural servitude. (ISc) 1. A servitude naturally
appurtenant to land, requiring no special mode of
acquisition. -An example is the right ofland, unen
cumbered by buildings, to the support ofthe adjoin
ing land. 2. Civil law. A servitude imposed by law
because of the natural situation ofthe estates. -An
example of a natural servitude is a lower estate that

1493
is bound to receive waters flowing naturally from a
higher estate.
navigation servitude. 1. An easement allowing the
federal government to regulate commerce on navi
gable water without having to pay compensation for i
interfering with private ownership rights. See NAVI
GABLE WATER. [Cases: Navigable Waters~2.J
"The navigation servitude, because of its link to navigable
waters and the protection of navigation, is often confused
with the public trust doctrine. The navigation servitude,
however, is a paramount federal servitude on navigable ,
waters based on the commerce power rather than on own !
ership or trust responsibilities." Donna R. Christie, Coastal
and Ocean Management Law in a Nutshell 34 (1994).
2. An easement, based on the state police power or
public-trust doctrine, that allows a state to regulate
commerce on navigable water and provide limited
compensation for interference with private ownership
rights. A state servitude is inferior to the federal
servitude. [Cases: Navigable Waters
negative servitude. Civil law. A servitude appurte- i
nant allowing a dominant landowner to prohibit the ,
servient landowner from exercising a right.  For i
example, a negative servitude, such as jus ne lumini
bus officiatur, prevents a landowner from building in
a way that blocks light from reaching another person's I
house.
nonapparent servitude. Civil law. A servitude appurte
nant that is not obvious because there are no exterior
signs of its existence . An example is a prohibition
against building above a certain height. cr. apparent
servitude.
personal servitude. (17c) 1. A servitude granting a i
specific person certain rights in property. 2. Roman '
law. A specific person's right over the property of
another, regardless ofwho the owner might be. - A
personal servitude lasted for the person's lifetime. 3.
Louisiana law. A servitude that benefits a person or
an immovable. La. Civ. Code art. 534. [Cases: Ease
ments 3.]
positive servitude. Civil law. A real servitude allowing a
person to lawfully do something on the servient land-,
owner's property, such as entering the property. -i
Also termed affirmative servitude.
predial servitude. See servitude appurtenant.
private servitude. (1922) A servitude vested in a par
ticular person. -Examples include a landowner's
personal right -of-way over an adjoining piece ofland
or a right granted to one person to fish in another's
lake.
public servitude. (1805) A servitude vested in the public
at large or in some class of indeterminate individu
als. Examples include the right of the public to use
a highway over privately owned land and the right to
navigate a river the bed of which is privately owned.
real servitude. See servitude appurtenant.
rural servitude. Roman law. A servitude chiefly affect
ing agricultural land or land in the country. -The servitus
four oldest types, iter, actus, via, and aqueductus were
all res mancipi despite being incorporeal. Most rural
servitudes were easements, but some were profits.
Also termed rustic servitude; praedium rusticum; jus
rusticorum praediorum.
servitude appurtenant. (1893) A servitude that is not
merely an encumbrance of one piece ofland but is
accessory to another piece; the right of using one piece
ofland for the benefit ofanother, such as the right of
support for a building. -Also termed real servitude;
predial (or praedial) servitude; landed servitude. La.
Civ. Code art. 646. [Cases: Easements
servitude in gross. (1884) A servitude that is not acces
sory to any dominant estate for whose benefit it exists
but is merely an encumbrance on a given piece of
land. [Cases: Easements
servitude ofdrip. Louisiana law. A servitude appurte
nant that binds the servient estate's owner to maintain
a roof so that rainwater does not drip or drain onto
the dominant estate. La. Civ. Code art. 664. Also
termed servitude ofdrip and drain. [Cases: Waters and
Water Courses (,.~121.]
servitude ofview. Louisiana law. 'Ihe dominant estate
owner's right to enjoy a view through the servient
estate and to prevent its obstruction. La. Civ. Code
art. 701. [Cases: Adjoining Landowners Ease
ments~ll, 19.]
urban servitude. (1831) 1. A servitude appertaining
to the building and construction of houses in a city,
such as the right to light and air. [Cases: Adjoining
Landowners <:::=::> 10; Easements ~11, 19.] 2. Roman
law. A servitude that primarily affects buildings or
urban land . With the exception of oneris ferendi,
urban servitudes were passive. They could be affected
by planning legislation. -Also termed (in sense 2)
praedium urbanum;jus urbanorurn praediorum.
3. The condition of being a servant or slave <under the
15th Amendment, an American citizen's right to vote
cannot be denied on account ofrace, color, or previous
condition of servitude>. 4. The condition ofa prisoner
who has been sentenced to forced labor <penal servi
tude>.
involuntary servitude. (18c) The condition of one
forced to labor for payor not for another by
coercion or imprisonment


itude. (18c) The condition of one
forced to labor for payor not for another by
coercion or imprisonment. [Cases: Constitutional
Law~llOL]
servitude ofdrip and drain. See servitude ofdrip under
SERVITUDE (2).
servitus (sar-vi-tas), n. [Latin fr. servire "to serve") Roman
law. 1. Slavery; bondage. 2. A servitude, usu. a servitude
appurtenant as opposed to a personal servitude such as
usufruct; an easement. See rural servitude and urban
servitude under SERVITUDE (2). PI. servitutes.
servitus actus (sar-vi-tas ak-tas). (Latin "the servitude
of driving cattle"] Roman law. A type ofright-of-way;
a rural servitude entitling one to walk, ride, or drive
animals over another's property.

1494 servus
servitus altius non tollendi (s;lr-vi-t;ls al-shee-::ls
non t::l-len-dI). [Latin "the servitude of not building
higher"] Roman law. An urban servitude allowing a
person to prevent a neighbor from building a taller
house.
servitus aquae ducendae (s;lr-vi-t::ls ak-wee d[y]oo
sen-dee). [Latin "the servitude of leading water"]
Roman law. A rural servitude allowing one to bring
water to property through another's land, as by a
canal. -Also termed aquaeductus.
servitus aquae educendae (s;lr-vi-t::ls ak-wee ee-d[y]oo
sen-dee). [Latin "the servitude ofleading off water"]
Roman law. An urban servitude entitling a person to
discharge water onto another's land.
servitus aquae hauriendae (s;lr-vi-t::ls haw-ree-en-dee).
[Latin "the servitude ofdrawing water"] Roman law.
See AQUAEHAUSTUS.
servitus aquaehaustus (s;lr-vi-t::ls ak-wee haws-t::ls).
[Latin "the servitude ofdrawing water"] Roman law.
See AQUAEHAUSTUS.
servitus jluminis (s;lr-vi-t::ls floo-m::l-n::ls). [Latin "the
servitude of a stream of rainwater"] Roman law. An
urban servitude consisting in the right to divert rain
water as opposed to drip (stillicidium) onto another's
land.
servitus fumi immittendi (s;lr-vi-t::ls fyoo-mI im-::l
ten-dI). [Latin "the servitude ofdischarging smoke"]
Roman law. An urban servitude allowing a person's
chimney smoke to be directed over a neighbor's
property.
servitus itineris (s;lr-vi-t::ls I-tin-::lr-is). [Latin "the ser
vitude of way"] See ITER.
servitus luminum (s;lr-vi-t::ls loo-m::l-n::lm). [Latin "the
servitude oflights"] Roman law. An urban servitude
entitling one to receive light from a neighbor's land,
as by building windows in a common wall to light a
room.
servitus ne luminibus officiatur (s;lr-vi-t::ls nee 100
min-::l-b::ls ::l-fish-ee-ay-t::lr). [Latin "the servitude not
to hinder light"] Roman law. An urban servitude pre
venting someone's light from being obstructed by a
neighbor's building.
servitus ne prospectui officiatur (s;lr-vi-t::ls nee pr::l
spek-too-I ::l-fish-ee-ay-t::lr). [Latin "the servitude not
to intercept one's prospect"] Roman law. An urban
servitude entitling someone to an unobstructed
view.
servitus oneris ferendi (s;lr-vi-t::ls on-::l-ris f::l-ren-dI).
[Latin "the servitude ofbearing weight"] Roman law.
The urban servitude allowing a person's building
to rest on a neighbor's building, wall, or pillar. See
ONERIS FERENDI; JUS ONERIS FERENDI.
servitus pascendi (s;lr-vi-t::ls pa-sen-dI). [Latin "the ser
vitude of pasturing"] Roman law. A rural servitude
allowing one to pasture cattle on another's land.
Also termed jus pascendi. servitus pecoris ad aquam adpulsum (s;lr-vi-t::ls pek
::l-ris ad ak-w::lm ad-p;ll-s::lm). [Latin "the servitude to
drive cattle to water"] Roman law. A rural servitude
allowing one to drive cattle to water across another's
land.
servitus praedii rustici (s;lr-vi-t::ls pree-dee-I r;ls-ti-sI).
[Latin "the servitude ofa country estate"] Roman law.
A rural servitude; a servitude attached to land, as in
servitus pecoris ad aquam adpulsus. Cf. rural servi
tude under SERVITUDE (2).
servitus praedii urbani (s;lr-vi-t::ls pree-dee-I
::lr-bay-nr). [Latin "the servitude ofan urban estate"]
Roman law. An urban servitude; a servitude attached
to a building, as in servitus oneris ferendi. See urban
servitude under SERVITUDE (2).
servitus praediorum (s;lr-vi-t::ls pree-dee-or-::lm).
[Latin "praedial servitude"] Roman law. A burden
on one estate for the benefit ofanother. See servitude
appurtenant under SERVITUDE (2).
servitus projiciendi (s;lr-vi-t::ls pr::l-jish-ee-en-dI). [Latin
"the servitude of projecting"] Roman law. An urban
servitude allowing a projection from one's building
into the open space over a neighbor's property.
servitus stillicidii (s;lr-vi-t::ls stil-::l-sid-ee-I). [Latin "the
servitude of drip"] Roman law. An urban servitude
allowing water to drip from one's house onto a neigh
bor's house or ground. Cf. AQUAE IMMITTENDAE; DRIP
RIGHTS.
servitus tigni immittendi (s;lr-vi-t::ls tig-nr im-::l
ten-dI). [Latin "the servitude ofletting in a beam"]
Roman law. An urban servitude allowing one to insert
beams into a neighbor's wall.
servitus viae (s;lr-vi-t::ls vI-eel. [Latin "the servitude of
road way"] Roman law. A rural servitude allowing a
right-of-way over another's land. See VIA (2).
servus (s;lr-V::ls), n. [Latin] 1. Roman law. A slave; a
human being who was property, and could be bought,
sold, pledged, and testated. A Roman slave who was
formally freed became a Roman citizen. Cf. INGENUUS;
LATINI JUNIANI; LIBERTINII. 2. Hist. A bondman; a
servant.
sess, n. See CESS.
sessio (sesh-ee-oh), n. [Latin "a sitting"] Hist. A session;
a sitting, as in sessio parliamenti ("the sitting of Par
liament").
session. (ISc) 1. Parliamentary law. A meeting or series of
related meetings throughout which a court, legislature,
or other deliberative assembly conducts business in a
continuing sequence <the court's spring session>.
Also termed (for a court) sitting. See TERM (5).
"Parliament have three modes of separation, to wit, by
adjournment, by prorogation, or dissolution by the king,
or by the efflux of the term for which they were elected.
Prorogation or dissolution constitutes there what is called
a session, provided some act has passed. In this case all
matters depending before them are discontinued, and at
their next meeting are to be taken up de novo, if taken up
at all. Adjournment, which is by themselves, is no more
than a continuance of the session from one day to another,

1495
or for a fortnight, a month, &c. ad libitum. All matters
depending remain in statu quo, and when they meet again,
be the term ever so distant, are resumed without any fresh
commencement. at the point at which they were left. Their
whole session is considered in law but as one day, and
has relation to the first day thereof." Thomas Jefferson, A
Manual of Parliamentary Practice 127-28 (1801) (citations
omitted).
biennial session. (1854) A legislative session held every
two years . Most state legislatures have biennial
sessions, usu. held in odd-numbered years. lCases:
States (;:::;c 32.]
closed session. (1956) 1. See executive session. 2. A
session to which parties not directly involved are not
admitted. 3. Military law. A period during a court
martial when the members (or the judge, if trial is
before a military judge) deliberate alone. -Also
termed closed court. [Cases: Military Justice
1222, 1270.]
executive session. A meeting, usu. held in secret, that
only the members and invited nonmembers may
attend. The term originated in the United States
Senate, which until 1929 sat behind closed doors when
it advised the President about executive business such
as appointments and treaties. Also termed closed
session; secret session. [Cases: Administrative Law
and Procedure 124; Municipal Corporations
"Virtually all open meeting statutes expressly authorize
the use of executive sessions, typically specifying the
particular circumstances in which executive sessions are
permitted. When the specific circumstances are specified,
generally no other exceptions are permitted .... Use of the
executive session to discuss matters not properly hidden
from the public is a clear violation of the open meeting
law. Many states expressly or impliCitly forbid use of the
executive session as a subterfuge to defeat the purposes of
the open meeting law." Ann Taylor Schwing, Open Meeting
Laws  7.1, at 357, 359 (2d ed. 2000).
extraordinary session. See special session.
extra session. See special session.
joint session. (1853) The combined meeting oftwo leg
islative bodies (such as the House of Representatives
and the Senate) to pursue a common agenda. [Cases:
United States (;:::=)18.]
"When the two houses meet in a joint seSSion, they, in
effect, merge into one house where the quorum is a
majority of the members of both houses, where the votes
of members of each house have equal weight, and where
special rules can be adopted to govern joint sessions or
they can be governed by the parliamentary common law."
National Conference of State Legislatures, Mason's Manual
ofLegislative Procedure  782, at 573 (2000).
lame-duck session. (1924) A post-election legislative
session in which some of the participants are voting
during their last days as elected officials. See LAME
DUCK. [Cases: States (;:::;c32.]
open session. (1810) 1. A session to which parties
not directly involved are admitted. Also termed
public session. 2. Military law. The period during a
court-martial in which all participants are in the
courtroom. Generally, the public may attend a set aside
court-martial's open session. [Cases: Military Justice
C:::-1210.1, 1222.]
plenary session. (1936) A meeting ofall the members of
a deliberative assembly, not just a committee.
pro forma session. A legislative session held not to
conduct business but only to satisfy a constitutional
provision that neither house may adjourn for longer
than a certain time (usu. three days) without the other
house's consent.
public session. See open session (1).
quarter session. 1. English law. The meetings held four
times a year by a county's justices of the peace to
transact business, including trying certain criminal
and civil matters as specified by statute . The quarter
sessions were abolished in 1971 and replaced by the
Crown Court system. 2. Scots law. A meeting formerly
held four times a year by the justices to review
criminal sentences. -Abbr. Q.S.
regular session. (18c) A session that takes place at fixed
intervals or specified times.
secret session. See executive session.
special session. (17c) A legislative session, usu. called
by the executive, that meets outside its regular term to
consider a specific issue or to reduce backlog. Also
termed extra session; extraordinary session. [Cases:
States (;:::;c 32.]
2. The period within any given day during which such
a body is assembled and performing its duties <court is
in session>. -The terms "meeting" and "session" have
opposite but sometimes interchangeable meanings. An
organization's annual convention may consist of several
consecutive meetings that it calls "sessions," such as a
morning session and an afternoon session, or a Friday
session and a Saturday session, which are technically
meetings rather than sessions. Likewise, the organi
zation may call its convention an "annual meeting,"
which technically comprises several meetings that con
stitute a single session. Cf. .MEETI~G. 3. A trading day
in a stock market.
triple witching session. A stock-market session on
the third Friday in March, June, September, and
December during which stock options, index options
and futures contracts all expire . Stock-market vola
tility and share volume are often high on these days
session laws. (18c) 1. A body ofstatutes enacted by a leg
islature during a particular annual or biennial session.
2. The softbound booklets containing these statutes.
Also termed acts ofassembly; blue books; sheet acts.
sessions. See COURT OF GENERAL QUARTER SESSIONS OF
THE PEACE.
set-aside, n. (1943) Something (such as a percentage
of funds) that is reserved


EACE.
set-aside, n. (1943) Something (such as a percentage
of funds) that is reserved or put aside for a specific
purpose.
set aside, vb. (18c) (Of a court) to annul or vacate (a
judgment, order, etc.) <the judge refused to set aside
the default judgment>. [Cases: Federal Civil Procedure
~'='2441, 2641; Judgment 336.]

1496 setback
setback, n. (1916) Real estate. The minimum amount of
space required between a lot line and a building line
<a 12-foot setback>. -Typically contained in zoning
ordinances or deed restrictions, setbacks are designed
to ensure that enough light and ventilation reach the
property and to keep buildings from being erected
too close to property lines. See BUSINESS LINE. [Cases:
Zoning and Planning C--'-::>64,
setback requirement. See BUILDING LINE.
set down, vb. (18c) To schedule (a case) for trial or
hearing, usu. by making a docket entry.
se te fecerit securum (see tee fes-dr-it si-kyoor-dm).
[Latin] See SI FECERIT TE SECURUM.
set forth. See SET OUT.
seti (set-ee). Mining law. A lease.
set ofexchange. Commercial law. A Single bill oflading
drawn in a set of parts, each of which is valid only if
the goods have not been delivered against any other
part. _ Bills may be drawn in duplicate or triplicate,
the first part being "first of exchange:' the second part
being "second ofexchange," and so on. When one part
has been paid, the other parts become void.
setoff, n. (I8c) 1. A defendant's counterdemand against
the plaintiff, arising out of a transaction independent
ofthe plaintiffs claim. [Cases: Federal Civil Procedure
Set-offand Counterclaim 2. A debtor's
right to reduce the amount of a debt by any sum the
creditor owes the debtor; the counterbalancing sum
owed by the creditor. -Also written set-off. -Also
termed (in civil law) compensation; stoppage. See COUN
TERCLAIM; OFFSET. Cf. RECOUPMENT (3). [Cases: Banks
and Banking 0134; Set-off and Counterclaim <8:::::>8.]
3. The balancing of mutual liabilities with respect to a
pledge relationship. -set off, vb.
"Setoff signifies the subtraction or taking away of one
demand from another opposite or cross demand, so as
to distinguish the smaller demand and reduce the greater
by the amount of the less; or. if the opposite demands are
equal, to extinguish both. It was also. formerly. sometimes
called stoppage, because the amount to be set-off was
stopped or deducted from the cross demand." Thomas W_
Waterman, A Treatise on the Law of Se tOff. Recoupment,
and Counter Claim  1, at 1 (2d ed. 1872).
"Before considering the counterclaim, a brief reference to
'the setoff' as known in former practice is necessary. By
the common law, the setting off of one demand against
another in the same action was unknown. If A had a cause
of action in debt against B, and B had another cause of
action in debt in equal amount against A. each must bring
his action. One could not be set off against the other. ThiS
was changed by statute in England in 1729, by a provi
sion which. somewhat enlarged and modified. has been
generally adopted in this country." Edwin E. Bryant, The
LawofP!eading Under the Codes ofCivil Procedure 250-51
(2d ed_ 1899).
"Setoff is defined to be a counter-demand, generally of a
liquidated debt growing out ofan independent transaction
for which an action might be maintained by the defendant
against the plaintiff." Eugene A. Jones. Manual of Equity
Pleading and Practice 65 n.42 (1916). set out, vb. (16c) To recite, explain, narrate, or incorpo
rate (facts or circumstances) <set out the terms of the
contract>. Also termed set forth.
set over, vb. (16c) To transfer or convey (property) <to
set over the land to the purchaser>.
setting, n. The date and time established by a court for a
trial or hearing <the plaintiff sought a continuance of
the imminent setting>. [Cases: Federal Civil Procedure
C=::" 1991; Trial 9.]
special setting. (1916) A preferential setting on a court's
calendar, usu. reserved for older cases or cases given
priority by law. made either on a party's motion or on
the court's own motion. -For example. some juris
dictions authorize a special setting for cases involVing
a party over the age of70. -Also termed speCial trial
setting; trial-setting preference. [Cases: Trial (;::~) 13.]
settled estate. See ESTATE (1).
settled insanity. See DELIRIUM TREMENS.
settled land. See LAND.
settlement, n. (l7c) 1. The conveyance ofproperty or
of interests in property -to provide for one or more
beneficiaries, usu. members of the settlor's family, in
a way that differs from what the beneficiaries would
receive as heirs under the statutes ofdescent and distri
bution <in marriage settlements, historically, the wife
waived her right to claim dower or to succeed to her
husband's property>. [Cases: Executors and Admin
istrators C=::"SlS.J
strict settlement. Hist. A property settlement that
aimed to keep the estate within the family by creating
successive interests in tail and shielding remainders
from destruction by the interposition of a trust. Cf.
trader's settlement.
trader's settlement. Hist. A property settlement in
which the land is put into a trust for sale, the proceeds
to be either paid out to beneficiaries over time or
divided among the settlor's heirs. Cf. strict settle
ment.
voluntary settlement. A property settlement made
without valuable consideration other than psy
chological or emotional consideration such as love
and affection from the beneficiary.
2. An agreement ending a dispute or lawsuit <the
parties reached a settlement the day before trial>.
Also termed settlement agreement. [Cases: Compro
mise and Settlement 0 LJ
derivative settlement. 1. The negotiated outcome of
a derivative action. See DERIVATIVE ACTION. 2. A
person's legal-reSidence status that is acquired though
another person. as with a child through one or both
parents.
final settlement. A court order discharging an execu
tor's duties after an estate's execution. [Cases: Execu
tors and Administrators C=::"512.J

1497
full settlement. A settlement and release ofall pending
claims between the parties. [Cases: Compromise and
Settlement
judicial settlement. The settlement ofa civil case with
the help of a judge who is not assigned to adjudicate
the dispute. _ Parties sometimes find this procedure
advantageous because it capitalizes on judicial experi
ence in evaluating the settlement value ofa claim.
mediated settlement agreement. A settlement agree
ment arrived at through mediation. -Abbr. MSA.
[Cases: Alternative Dispute Resolution C'::>484; Com
promise and Settlement (;::::c-2, 5.J
nuisance settlement. A settlement in which the defen
dant pays the plaintiff purely for economic reasons
as opposed to any notion ofresponsibility -because
without the settlement the defendant would spend
more money in legal fees and expenses caused by
protracted litigation than in paying the settlement
amount. -The money paid in such a settlement is
often termed nuisance money.
out-of-court settlement. The settlement and termina
tion of a pending suit, arrived at without the court's
participation. [Cases: Compromise and Settlement
C:Jl.J
structured settlement. A settlement in which the defen
dant agrees to pay periodic sums to the plaintiff for a
specified time.[Cases: Assignments (;::::c-62; Compro
mise and Settlement (;::::c-2.]
"EspeCially in personal injury and product liability cases,
structl.lred settlements -Le., those which provide for
an initial cash payment followed by deferred payments
in future years, normally on some annuity baSis are
becoming more frequent.... Such a structured settle
ment may have advantages over a lumpsum cash payment.
Deferred payments or arranged settlements may serve par
ticular purposes that a cash settlement could not reach,
and there will be instances when a structured settlement
will be in lieu of an all-cash settlement that would not be
acceptable to one party or the other." Alba Conte, Attorney
Fee Awards  2.31, at 101 (1993).
3. Payment, satisfaction, or final adjustment <the seller
shipped the goods after confirming the buyer's settle
ment ofthe account>.
viatical settlement (vI-at-;}-bl). [fro Latin viaticus
"relating to a road or journey"] A transaction in which
a terminally or chronically ill person sells the benefits
ofa life-insurance policy to a third party in return for
a lump-sum cash payment equal to a percentage ofthe
policy's face value. -Viatical settlements are common
with AIDS patients, many ofwhom sell their policies
at a 20% to 40% discount, depending on life expec
tancy. When the insured (called the "viator") dies,
the investor receives the insurance benefit. Also
termed life settlement. [Cases: Insurance (;::;:'1994.1
4. CLOSING <the settlement on their first home is next
Friday>. 5. Wills & estates. The complete execution of
an estate by the executor <the settlement of the estate
was long and complex>. [Cases: Executors and Admin
istrators (;::::c-502-516.] 6. The establishment of a legal
residence. This sense was frequently used in poor-Seventh Amendment
relief contexts. Cf. (in sense 6) STATUS OF IRREMOV
ABILITY. settle, vb.
settlement agent. 1. See AGENT (2). 2. See settlement
attorney under ATTORNEY.
settlement agreement. See SETTLEME:-.1T (2).
settlement attorney. See ATTORNEY.
settlement class. See CLASS (4).
settlement counsel. See CIRCUIT MEDIATOR.
settlement credit. (1979) Civil procedure. A court's reduc
tion of the amount of a jury verdict -or the effect of
the verdict on non settling defendants -to account for
settlement funds the plaintiff has received from former
defendants or from other responsible parties. [Cases:
Compromise and Settlement (;::::c-15(1); Damages
63.]
settlement date. See DATE.
settlement-first method. (1996) A means by which
to apply a settlement credit to a jury verdict, by first
redUcing the amount of the verdict by subtracting the
amount of all settlements the plaintiff has received on
the claim, then reducing the remainder by the percent
age ofthe plaintiff's comparative fault. See SETTLEMENT
CREDIT. Cf. FAULT-FIRST METHOD. [Cases: Damages
(;::::c-63.]
settlement option. See OPTION.
settlement right. Hist. A government-issued certificate
granting land to a settler.
settlement sheet. See CLOSING STATEMENT (2).
settlement statement. See CLOSING STATEMENT (2).
settlement value. See VALUE (2).
settler. (17c) 1. A person who occupies property with
the intent to establish a residence . The term is usu.
applied to an early resident of a country or region. 2.
SETTLOR.
settle up, vb. (1884) To collect, pay, and turn over debts
and property (e.g., of a decedent, bankrupt, or insol
vent business).
settlor (set-br). (18c) 1. A person who makes a settle
ment ofproperty; esp., one who sets up a trust. Also
termed creator; donor; trustor; grantor;founder. [Cases:
Trusts (;::::c-8.] 2. A party to an instrument. -Also
spelled (in both senses) settler.
set up, vb. To raise (a defense) <the defendant set up the
insanity defense on the murder charge>.
Seventeenth Amendment. lhe constitutional amend
ment, ratified in 1913, transferring the power to elect
U.S. senators from the state legislatures to the states'
voters. [Cases: United States (;::::c-1 L]
Seventh Amendment. The constitutional amendment,
ratified with the Bill ofRights in 1791, guaranteeing the
right to a jury trial in federal civil cases that are tradi
tionally considered to be suits at common law and that
have an amount in controversy exceeding $20. [Cases:
Jury (;::::c-9-14.]

72COLREGS 1498
72 COLREGS. See INTERNATIONAL RULES OF THE
ROAD.
seven-years'-absence rule. (1920) The principle that a
person who has been missing without explanation for
at least seven years is legally presumed dead. Cf. ENOCH
ARDEN LAW.
"[I]n the United States, it is quite generally held or provided
by statute that a presumption of death arises from the
continued and unexplained absence of a person from his
home or place of residence without any intelligence from or
concerning him for the period of 7 years. The presumption
has been regarded as a procedural expedient and a rule of
evidence." 22A Am. Jur. 2d Death  551, at 527 (1988).
severability. See BLUE-PENCIL TEST.
severability clause. (1935) A provision that keeps the
remaining provisions of a contract or statute in force
if any portion of that contract or statute is judicially
declared void, unenforceable, or unconstitutional.
Also termed saving clause;


statute is judicially
declared void, unenforceable, or unconstitutional.
Also termed saving clause; separability clause. See sever
able contract under severable statute under
STATUTE. [Cases: Contracts Statutes
severable contract. See CONTRACT.
severable statute. See STATUTE.
several, adj. (I5c) 1. (Of a person, place, or thing) more
than one or two but not a lot <several witnesses>.
[Cases: Negligence (=::484; Torts 2. (Oflia
bility, etc.) separate; particular; distinct, but not neces
sarily independent <a several obligation>. 3. (Of things,
etc.) different; various <several settlement options>.
several action. See separate action under ACTION (4).
several contract. See severable contract under
CONTRACT.
several count. See COUNT.
several covenant. See COVENANT (1).
several demise. See DEMISE.
several fishery. See FISHERY (1).
several inheritance. See INHERITANCE.
several liability. See LIABILITY.
severally, adj. Distinctly; separately <severally liable>.
several obligation. See OBLIGATION.
several-remedies rule. (1975) A procedural rule that tolls
a statute of limitations for a plaintiff who has several
available forums (such as a workers'-compensation pro
ceeding and the court system) and who timely files in
one forum and later proceeds in another forum, as long
as the defendant's right and claims are not affected.
[Cases: Limitation ofActions
several tail. See TAIL.
several tenancy. See TENANCY.
severalty (sev-[;)]-r;)l-tee). (15c) Ihe state or condition of
being separate or distinct <the individual landowners
held the land in severalty, not as joint tenants>.
severance, n. (15c) 1. The act of cutting off; the state
of being cut off. 2. Civil procedure. The separation,
by the court, of the claims of multiple parties either to permit separate actions on each claim or to allow
certain interlocutory orders to become finaL Also
termed severance ofactions; severance ofclaims. See
bifurcated trial under TRIAL. Cf. CONSOLIDATION (3).
[Cases: Action (;::::>60; Federal Civil Procedure (:281.]
3. The termination ofa joint tenancy, usu. by convert
ing it into a tenancy in common. [Cases: Joint Tenancy
(=::4.] 4. The removal of anything (such as crops or
minerals) attached or affixed to real property, making
it personal property rather than a part of the land.
-Mineral rights are frequently severed from surface
rights on property that may contain oil and gas or
other minerals. 5. See SEVERANCE PAY. -sever, vb.
severable, adj.
severance damages. See DAMAGES.
severance ofactions. See SEVERANCE (2).
severance ofclaims. See SEVERANCE (2).
severance pay. Money (apart from back wages or salary)
paid by an employer to a dismissed employee. _ The
payment may be made in exchange for a release of
any claims that the employee might have against the
employer. -Sometimes shortened to severance.
Also termed separation pay; dismissal compensation.
[Cases: Labor and Employment <>::'217.]
severance tax. See TAX.
seward. See CUSTOS MARIS.
sewer service. See SERVICE (2).
sex. (14c) 1. The sum of the peculiarities of structure
and function that distinguish a male from a female
organism; gender. 2. Sexual intercourse. 3. SEXUAL
RELATIONS (2).
sex change. See SEX REASSIGNMENT.
sex discrimination. See DISCRIMINATION.
sex-offender registry. A publicly available list of the
names and addresses ofsex offenders who have been
released from prison. -The registries were started by
state statutes known as "Megan's laws." The lists are
often posted on the Internet, and some states require
publication of the offender's photograph, name, and
address in local newspapers. See MEGAN'S LAW. [Cases:
Mental Health (=::469(1).]
sex reassignment. Medical treatment intended to effect a
sex change; surgery and hormonal treatments deSigned
to alter a person's gender. -Also termed sex change.
[Cases: Health C=397, 481.J
sexual abuse. 1. See ABUSE. 2. See RAPE.
sexual activity. See SEXUAL RELATIONS.
sexual assault. 1. See ASSAULT. 2. Sec RAPE.
sexual assault by contact. See sexual assault (2) under
ASSAULT.
sexual battery. 1. See BATTERY. 2. See RAPE.
sexual exploitation. The use ofa person, esp. a child, in
prostitution, pornography, or other sexually manipula
tive activity that has caused or could cause serious emo

1499
tiona I injury. Sometimes shortened to exploitation.
[Cases: Infants 5-7; ObscenityC=::2.5.]
sexual harassment. (1973) A type of employment dis
crimination consisting in verbal or physical abuse ofa
sexual nature. See HARASSMENT. [Cases: Civil Rights
C=:c 1181.J
hostile-environment sexual harassment. (1986) Sexual
harassment in which a work environment is created
where an employee is subject to unwelcome verbal
or phYSical sexual behavior that is either severe or
pervasive. This type ofharassment might occur, for
example, if a group ofcoworkers repeatedly e-mailed
pornographic pictures to a colleague who found the
pictures offensive. [Cases: Civil Rights C=::1185.]
quidpro quo sexual harassmetlt. (1982) Sexual harass
ment in which an employment decision is based on
the satisfaction of a sexual demand. This type of
harassment might occur, for example, if a boss fired
or demoted an employee who refused to go on a date
with the boss. [Cases: Civil Rights C~::> 1184.J
same-sex sexual harassment. Sexual harassment by a
supervisor of an employee of the same sex. -Also
termed same-sex harassment. [Cases: Civil Rights
1187, 1194.]
sexually dangerous person. See SEXUAL PREDATOR.
sexually transmitted disease. A disease transmitted only
or chiefly by engaging in sexual acts with an infected
person. Common examples are syphilis and gonor
rhea. Abbr. STD. -Also termed venereal disease.
sexually violent predator. See SEXUAL PREDATOR.
sexual offense. See OFFENSE (1).
sexual orientation. (1931) A person's predisposition or
inclination toward a particular type of sexual activity
or behavior; heterosexuality, homosexuality, or bisexu
ality. There has been a trend in recent years to make
sexual orientation a protected class, esp. in employ
ment and hate-crime statutes. [Cases: Civil Rights C=::
1012, 1191.]
sexual predator. A person who has committed many
violent sexual acts or who has a propensity for com
mitting violent sexual acts. Also termed predator;
sexually dangerous person; sexually violent predator.
[Cases: Mental Health C=::452.]
sexual relations. (1909) 1. Sexual intercourse. -Also
termed carnalis copula. 2. Physical sexual activity that
does not necessarily culminate in intercourse . Sexual
relations usu. involve the touching ofanother's breast,
vagina, penis, or anus. Both persons (the toucher and
the person touched) are said to engage in sexual rela
tions. Also termed sexual activity.
SF. See sinkingfund under FUND (1).
S/F. abbr. STATUTE OF FRAUDS.
SG. abbr. 1. SOLICITOR GENERAL. 2. SURGEON GENERAL.
shack. Hist. The straying and escaping of cattle out of
their owner's land into other unenclosed land; an inter
commoning ofcattle. sham exception
shadow economy. Collectively, the unregistered
economic activities that contribute to a country's gross
national product. A shadow economy may involve
the legal and illegal production ofgoods and services,
including gambling, prostitution, and drug-dealing, as
well as barter transactions and unreported incomes.
Also termed black economy; black market; underground
economy.
shadow jury. See JURY.
shadow stock plan. See PHANTOM STOCK PLAN.
shakedown. (1902) 1. An extortion of money using
threats of violence or, in the case of a police officer,
threats of arrest. 2. See shakedown search under
SEARCH.
shakedown search. See SEARCH.
shaken-baby syndrome. The medical condition ofa child
who has suffered forceful shaking, with resulting brain
injury. The syndrome was first identified in the early
1970s. Common injuries include retinal hemorrhage
and subdural and subarachnoid hemorrhage, with
minimal or no signs ofexternal cranial trauma. Many
victims suffer blindness or death. [Cases: Criminal Law
C=::474.4(4); Infants Cd13,20.]
shakeout, n. An elimination of weak or nonproduc
tive businesses in an industry, esp. during a period of
intense competition or declining prices.
shall, vb. (bef. 12c) 1. Has a duty to; more broadly, is
required to <the requester shall send notice> <notice
shall be sent> . This is the mandatory sense that
drafters typically intend and that courts typically
uphold. [Cases: Statutes C=::227.J 2. Should (as often
interpreted by courts) <all claimants shall request
mediation>. 3. May <no person shall enter the building
without first signing the roster>. _ When a negative
word such as not or no precedes shall (as in the example
in angle brackets), the word shall often means may.
What is being negated is permission, not a requirement.
4. Will (as a future-tense verb) <the corporation shall
then have a period of 30 days to object>. 5. Is entitled
to <the secretary shall be reimbursed for all expenses>.
 Only sense 1 is acceptable under strict standards of
drafting.
sham, n. (17c) 1. Something that is not what it seems; a
counterfeit. 2. A person who pretends to be something
that he or she is not; a faker. sham, vb. sham,
adj.
sham action. See ACTION (4).
sham affidavit. See AFFIDAVIT.
sham defense. See DEFENSE (1).
shame sanction. See SANCTION.
shame sentence. See shame sanction under SANCTION.
sham exception. (1969) An exception to the Noerr-Pen
nington doctrine whereby a company that petitions the
government will not receive First Amendment protec
tion or an exemption from the antitrust laws ifits intent
in petitioning the government for favorable government

1500 shaming sentence
action or treatment is really an effort to harm its com
petitors. See NOERR-PENNINGTON DOCTRINE; sham
action under ACTION (4). [Cases: Antitrust and Trade
Regulation
shaming sentence. See shame sanction under SANCTION.
sham lawsuit. See sham action under ACTION (4).
sham litigation. See sham action under ACTION (4).
sham marriage. See MARRIAGE (1).
sham petitioning. See sham action under ACTION (4).
sham plea. See sham pleading under PLEADING (1).
sham pleading. See PLEADING (1).
sham prosecution. See PROSECUTION.
sham suit. See sham action under ACTION (4).
sham transaction. (1937) An agreement or exchange
that has no independent economic benefit or business
purpose and is entered into solely to create a tax advan
tage (such as a deduction for a business loss) . The
Internal Revenue Service is entitled to ignore the
purported tax benefits of a sham transaction. [Cases:
Internal Revenue C=>3071.]
shanghaiing (shang-hl-jng). Ihe act or an instance
of coercing or inducing someone to do something
by fraudulent or other wrongful means; specif., the
practice of drugging, tricking, intoxicating, or other
wise illegally inducing a person to work aboard a vessel,
usu. to secure advance money or a premium. -Also
termed shanghaiing sailors. 18 USCA  2194. [Cases:
Seamen (;::::::>34.]
share, n. (l4c) 1. An allotted portion owned by, contrib
uted by, or due to someone <each partner's share of
the profits>.
intestate share. The share that the renouncer ofa will
would take in the decedent's assets if the decedent
had left no will affecting in any way the distribution
of assets. [Cases: Wills (;::::>717.]
2. One of the definite number of equal parts into
which the capital stock of a corporation or jOint-stock
company is divided <the broker advised his customer
to sell the stock shares when the price reaches $29>.
 A share represents an equity or ownership interest
in the corporation or joint-stock company. Cf. STOCK
(4); SECURITY [Cases: Corporations C=>62; Joint
Adventures
American share. Securities. A share ofstock in a foreign
corporation issued directly to U.S. investors through
a transfer
qualifying share. A share ofcommon stock purchased
by someone in order to become a director ofa corpo
ration that requires its directors to be shareholders.
share, vb. (16c) 1. To divide (something) into portions. 2.
To enjoy or partake of (a power, right, etc.).


1. To divide (something) into portions. 2.
To enjoy or partake of (a power, right, etc.).
share account. See share-draft account under
ACCOUNT.
share acquisition. The acquisition of a corporation
by purchaSing all or most of its outstanding shares directly from the shareholders; TAKEOVER. Also
termed share-acquisition transaction; stock acquisition;
stock-acquisition transaction. Cf. ASSET ACQUISITION.
[Cases: Corporations 197; Securities Regulation
C=>262.1.]
share and share alike. To divide (assets, etc.) in equal
shares or proportions; to engage in per capita division.
See PER CAPITA.
share certificate. See STOCK CERTIFICATE.
sharecropping. An agricultural arrangement in which
a landowner leases land to a tenant who, in turn,
gives the landlord a portion of the crop as rent.  The
landlord usu. provides the seed, fertilizer, and
ment. [Cases: Landlord and Tenant
sharecropper, n.
shared-appreciation mortgage. See MORTGAGE.
shared custody. See joint custody under CUSTODY (2).
shared-equity mortgage. See MORTGAGE.
shared parenting. See PARENTING.
share draft. See DRAFT.
share-draft account. See ACCOUNT.
shared residency. See joint physical custody under
CUSTODY.
shareholder. (1832) One who owns or holds a share or
shares in a company, esp. a corporation. Also termed
shareowner; (in a corporation) stockholder. [Cases: Cor
porations C=> 170.]
controlling shareholder. A shareholder who can influ
ence the corporation's activities because the share
holder either owns a majority of outstanding shares
or owns a smaller percentage but a Significant number
of the remaining shares are widely distributed among
many others. [Cases: Corporations
dummy shareholder. A shareholder who owns stock
in name only for the benefit of the true owner, whose
identity is usu. concealed.
interested shareholder. A person who owns enough
ofa corporation's stock to affect corporate decision
making, usu. at least 15-20% of the corporation's
outstanding stock. Also termed interested stock
holder.
majority shareholder. A shareholder who owns or
controls more than half the corporation's stock.
[Cases: Corporations 182.3.J
minority shareholder. A shareholder who owns less
than half the total shares outstanding and thus
cannot control the corporation's management or
singlehandedly elect directors. Corporations
C=>182.3.]
shareholder-control agreement. See POOLING AGREE
MENT.
shareholder derivative suit. See DERIVATIVE ACTION
(1).
shareholder oppression. See OPPRESSION (4).

1501
shareholder proposal. A proposal by one or more cor
porate stockholders to change company policy or
procedure. Ordinarily, the corporation informs all
stockholders about the proposal before the next share
holder meeting.
shareholder resolution. See RESOLUTION (2).
shareholders' equity. See OWNERS' EQUITY.
shareholder's liability. See LIABILITY.
shareholders' scheme of arrangement. See SCHEME OF
ARRANGEMENT.
shareholder voting agreement. See POOLING AGREE
MENT.
shareowner. See SHAREHOLDER.
shares outstanding. See outstanding stock under STOCK.
share split. See STOCK SPLIT.
shareware. Software that can be redistributed but not
modified and requires all users to pay a license fee.
The license fee applies to both originals and distributed
copies. Cf. FREEWARE; PROPRIETARY SOFTWARE; SEMI
FREE SOFTWARE.
share-warrant to bearer. A warrant providing that the
bearer is entitled to a certain amount of fully paid stock
shares. Delivery of the warrant operates as a transfer
ofthe shares of stock.
Sharia (sh<l-ree-<l). 1he body of Islamic religious law
applicable to police, banking, business, contracts, and
social issues . Sharia is a system oflaws, rather than
a codification oflaws, based on the Koran and other
Islamic sources.
shark repellent. 1. TAKEOVER DEFENSE. 2. More specifi
cally, a charter or bylaw provision designed to impede
hostile bids to acquire a controlling interest in a cor
poration.
sharp, adj. (1886) (Of a clause in a mortgage, deed,
etc.) empowering the creditor to take immediate and
summary action upon the debtor's default. See DROP
DEAD PROVISION.
sharp practice. (1836) Unethical action and trickery, esp.
by a lawyer. -Also termed (archaically) unhandsome
dealing. [Cases: Attorney and Client (>32(4),38.)
sharp practitioner, n.
shave, vb. (1832) 1. To purchase (a negotiable instrument)
at a greater than usual discount rate. 2. To reduce or
deduct from (a price).
sheer, n. Maritime law. A vessel's sudden deviation from
its line of course; a swerve.
sheet acts. See SESSION LAWS.
shelf company. See COMPANY.
shelf corporation. See shelf company under COMPANY.
shelf issue. See ISSUE (2).
shelf registration. See REGISTRATION (2).
shelf security. See SECURITY.
shell corporation. See CORPORATION. shelter doctrine
Shelley'S Case, Rule in. See RULE IN SHELLEY'S CASE.
shell game. A sleight-of-hand game that uses three cups
or thimble-like objects, one of which has a pea, ball,
or other small object underneath . This is a game
of chance in which one player bets that he or she can
remember under which cup the object is. lhe cups are
moved around so quickly that the player finds it dif
ficult to remember where the object is. When played
casually on public streets the shell game is usu. a
swindle because the operator palms the object rather
than leaving it under a cup, so the player has no chance
of winning. -Also termed thimblerig; thimbles and
balls. See GAME OF CHANCE. [Cases: Gaming
68(0.5).]
shelter, n. 1. A place of refuge providing safety from
danger, attack, or observation.
homeless shelter. A privately or publicly operated resi
dential facility providing overnight accommodation
free of charge to homeless people . Most homeless
shelters accept occupants on a first-come-first-served
basis and are open only from early evening to early
morning. Those that serve homeless families may
remain open throughout the day to women and
children. Some shelters offer occupants help such as
advice on finding and applying for public assistance,
employment, and medical care. [Cases: Asylums and
Assisted Living Facilities C-'J35(2).]
women's shelter. A privately or publicly operated resi
dential facility providing women (and their children)
who are victims ofdomestic violence with temporary
lodging, food, and other services such as employment
assistance, counseling, and medical care. -Also
termed family shelter.
youth shelter. 1. A privately or publicly operated resi
dential facility offering young runaway or throwaway
children and homeless young people a safe place to
stay, usu. for a short time . The residents enter the
shelter voluntarily and can leave anytime they wish.
Some shelters offer long-term transitional training so
that young people can leave street life and eventually
lead independent, productive lives. 2. An alternative
type of juvenile-detention center that is less physi
cally restrictive than a jail or boot camp . Delinquent
juveniles are usu. brought to these shelters by police
or ordered to reside there by a court. Residents attend
school or work in the daytime and may be permitted
weekend visits at their family homes.
2. See TAX SHELTER <the shelter saved the taxpayer over
$2,000 in taxes>. -shelter, vb.
shelter-care hearing. See shelter hearing under
HEARlt'G.
shelter doctrine. (1955) Commercial law. The prin
ciple that a person to whom a holder in due course
has transferred commercial paper, as well as any later
transferee, will succeed to the rights ofthe holder in
due course . As a result, transferees of holders in due
course are generally not subject to defenses against
the payment of an instrument. Ihis doctrine ensures

1502 shelter hearing
the free transferability of commercial paper. Its name
derives from the idea that the transferees "take shelter"
in the rights of the holder in due course. [Cases: Bills
and Notes (::::>362.]
shelter hearing. See HEARING.
shelving. Patents. The failure to begin or the stopping of
commercial use ofa patent during a specified period,
usu. the term of the license . A licensor may place
an anti-shelving provision in a license to ensure the
licensed product's manufacture and sale. The term usu.
applies to patented inventions, but licenses for trade
marked products may also address shelving.
shepardize, vb. (1928) 1. (often cap.) To determine the
subsequent history and treatment of(a case) by using a
printed or computerized version ofShepard's Citators.
2. Loosely, to check the precedential value of(a case) by
the same or similar means. shepardization, shepar
dizing, n.
sheriff. [Middle English shire reeve from Anglo-Saxon
scirgerefal1. A county's chief peace officer, usu. elected,
who in most jurisdictions acts as custodian of the
county jail, executes civil and criminal process, and
carries out judicial mandates within the county.
Also termed high sheriff; vice-comes. [Cases: Sheriffs
and Constables (;:::> 1.]
deputy sheriff. An officer who, acting under the direc
tion of a sheriff, may perform most of the duties of
the sheriff's office . Although undersheriffis broadly
synonymous with deputy sheriff, writers have some
times distinguished between the two, suggesting
that a deputy is appointed for a special occasion or
purpose, while an undersheriff is permanent. -Also
termed undersheriff; general deputy; Vice-sheriff
[Cases: Sheriffs and Constables (::::> 16.]
2. Scots law. The chief judge at the county level, with
limited criminal and unlimited civil jurisdiction . A
sheriff may not hear cases ofmurder or ofsome minor
offenses. In medieval times, the sheriff was the king's
representative in the shires, haVing military, adminis
trative, and judicial functions. The office was hereditary
until the Heritable Jurisdictions Act of 1746.
sheriffderk. Scots law. The clerk ofa sheriff's court.
sheriff-depute. Hist. Scots law. The qualified judge of a
district or county, acting for the titular, unqualified
sheriff.
sheriff principal. Scots law. The chief judge ofa sheriff
dom comprising one or more counties.
sheriff's court. See COURT.
sheriff's deed. See DEED.
sheriff's jury. See JURY.
sheriff's sale. See SALE.
Sherman Antitrust Act. A federal statute, passed in 1890,
that prohibits direct or indirect interference with the
freely competitive interstate production and distribu
tion ofgoods. This Act was amended by the Clayton
Act in 1914. 15 USCA  1-7. Often shortened to Sherman Act. -Also termed the Antitrust Law. ICases:
Antitrust and Trade Regulation
Sherman-Sorrells doctrine. (1998) The principle that
a defendant may claim as an affirmative defense that
he or she was not disposed to commit the offense until
a public official (often an undercover police officer)
encouraged the defendant to do so . This entrapment
defense, which is recognized in the federal system and
a majority ofstates, was developed in Sherman v. United
States, 356 U.S. 369, 78 S.Ct. 819 (1958), and Sorrells
v. United States, 287 U.S. 435, 53 S.Ct. 210 (1932).
Also termed subjective method. See ENTRAPME:-IT. Cf.
HYPOTHETICAL-PERSON DEFENSE. [Cases: Criminal
Law(;:::> 37.]
shield law. (1971) 1. A statute that affords journalists the
privilege not to reveal confidential sources. See journal
ist's privilege under PRIVILEGE (3). ICases: PriVileged
Communications and Confidentiality
"More than half of the states have 'shield laws' creating
'reporters' privileges' that are sometimes broader than
the First Amendment version of that privilege." David A.
Anderson, Freedom ofthe Press, 80 Texas L. Rev. 429, 432
(2002).
2. A statute that restricts or prohibits the use, in rape or
sexual-assault cases, of evidence about the victim's past
sexual conduct. -Also termed (in sense 2) rape shield
law; rape shield statute. [Cases: Rape (::::>40(1)-40(5).]
"The 'rape shield law.' At common law the character of
the woman as to chastity or unchastity was held to be
admissible in evidence on the theory that it had probative
value in determining whether she did or did not consent.
Defense counsel, in unrestrained zeal for an acquittal, took
advantage of this to the point that it often seemed as if
it was the victim of the rape, rather than the perpetrator,
who was on trial. ... A typical 'rape shield statute' does
not prevent the introduction of any relevant and otherwise
admissible evidence, but requires that the relevancy of any
evidence of the previous sexual conduct of the complaining
witness must be determined in a pretrial hearing before
the judge in camera." Rollin M. Perkins &Ronald N.


witness must be determined in a pretrial hearing before
the judge in camera." Rollin M. Perkins &Ronald N. Boyce,
Criminal Law 206 (3d ed. 1982).
shifting, ad). (1874) (Of a position, place, etc.) changing
or passing from one to another <a shifting estate>.
shifting clause. (1813) At common law, a clause under
the Statute of Uses prescribing a substituted mode of
devolution in the settlement of an estate. See STATUTE
OF USES.
shifting executory interest. See EXECUTORY INTEREST.
shifting ground. Patents. The broadening of a patent
application in an amendment by claiming a feature of
the invention that was disclosed but not claimed in the
original application. [Cases: Patents (::::> 109.]
shifting inheritance. See INHERITANCE.
shifting risk. See RISK.
shifting stock of merchandise. Merchandise inventory
subject to change by purchases and sales in the course
oftrade.
shifting the burden of proof. (l805) In litigation, the
transference ofthe duty to prove a fact from one party
to the other; the passing of the duty to produce evidence

1503
in a case from one side to another as the case progresses,
when one side has made a prima facie showing on a
point ofevidence, requiring the other side to rebut it by
contradictory evidence. See BURDEN OF PROOF. [Cases:
Criminal Law 0=>327; Evidence C=>94.]
shifting trust. See TRUST.
shifting use. See USE (4).
shill. 1. A person who poses as an innocent bystander at
a confidence game but actually serves as a decoy for the
perpetrators of the scheme. 2. BY-BIDDER. -shill, vb.
shilling, n. 1. The practice of fraudulently bidding on
items at an auction solely to drive up the price . The
seller might collude with another person to bid or
might act alone and anonymously. Cf. BIDDING UP;
BY-BIDDING. [Cases: Auctions and Auctioneers 0=>7.J
2. Rist. An English coin equal to 12 pence or 1I20th of
a pound. Shillings were revalued as five pence and
phased out when decimalization was adopted in the
early 1970s. The modern five-pence coin, like its pre
decessor equal to 1/20th ofa pound, is sometimes nos
talgically referred to as a shilling.
shingle. A small, usu. dignified sign that marks the office
door ofa lawyer or other professional.
shingle theory. Securities. The notion that a broker-dealer
must be held to a high standard of conduct because
by engaging in the securities business ("hanging out
a shingle"), the broker-dealer implicitly represents to
the world that the conduct of all its employees will be
fair and meet professional norms. [Cases: Securities
Regulation C-=>27.21, 60.32(1).]
"[lIn judging the appropriate standard of care that attaches
to a broker-dealer in recommending securities to his or her
customers and in dealing with the customers' accounts,
the Commission has relied upon the 'shingle theory.' The
shingle theory is but an extension of the common law
doctrine of 'holding out.' When brokers hold themselves
out as experts either in investments in general or in the
securities of a particular issuer, they will be held to a higher
standard of care in making recommendations." Thomas
Lee Hazen, The Law ofSecurities Regulation  10.6, at 423
(2d ed. 1994).
shin plaster. Hist. Slang. 1. A bank note that has greatly
depreciated in value; esp., the paper money of the
Republic ofTexas in relation to the u.s. dollar. 2. Paper
money in denominations less than one dollar.
ship, n. A type of vessel used or intended to be used in
navigation. See VESSEL. [Cases: Shipping C:-;::> L]
chartered ship. 1. A ship specially hired to transport
the goods of only one person or company. [Cases:
Shipping 0=> 34-58.] 2. A ship on which a shipper
has chartered space for a cargo.
general ship. A ship that is set for a particular voyage to
carry the goods of any persons willing to ship goods
on it for that voyage.
ship, vb. To send (goods, documents, etc.) from one place
to another, esp. by delivery to a carrier for transporta
tion.
ship broker. Maritime law. 1. The business agent of a
shipowner or charterer; an intermediary between an ship's papers
owner or charterer and a shipper. 2. One who negoti
ates the purchase and sale ofa ship.
ship channel. Maritime law. The part of a navigable
body ofwater where the water is deep enough for large
vessels to travel safely. [Cases: Collision 0=>89; Navi
gable Waters C:> 1(5).]
shipmaster. See MASTER OF A SHIP.
shipment. 1. The transportation of goods; esp., the
delivery of goods to a carrier and subsequent issuance
of a bill oflading. 2. The goods so shipped; an order
ofgoods.
shipment contract. See CONTRACT.
Ship Mortgage Act. A federal law regulating mortgages
on ships registered as U.S. vessels by, among other
things, proViding for enforcement of maritime liens
in favor of those who furnish supplies or maintenance
to the vessels. 46 USCA  30101, 31301-43. [Cases:
Shipping C-:::>32.J
shipowner-negligence doctrine. The principle that a
shipowner is liable for an assault on a crew member if
the crew member was assaulted by a superior, during
an activity undertaken for the benefit of the ship's
business, and ifthe ship's officers could reasonably have
foreseen the assault. [Cases: Seamen 0=>29(3).]
shipper. 1. One who ships goods to another. 2. One who
contracts with a carrier for the transportation ofcargo.
 As a legal term of art, the shipper may not be the
person who owns the cargo, but an agent or an inde
pendent contractor. Cf. CARRIER (1). [Cases: Carriers
(.."--:::>3.J
shipping articles. Maritime law. A document (provided
by a master ofa vessel to the mariners) detailing voyage
information, such as the voyage term, the number of
crew, and the wage rates. 46 USCA  10302. [Cases:
Seamen C:-:>7.]
shipping commissioner. An officer, appointed by the
secretary of the treasury, who is posted at a port of
entry, and vested with general supervisory authority
over seamen's contracts and welfare. In 1993, the
term was changed to "master or individual in charge."
See Pub. L. 103-206  403. [Cases: Seamen
shipping document. Any paper that covers a shipment in
trade, such as a bill oflading or letter of credit. [Cases:
Carriers (.."--:::>46-68; Shipping 0=>] 06.]
shipping law. See LAW OF SHIPPING.
shipping order. A copy ofthe shipper's instructions to a
carrier regarding the disposition of goods to be trans
ported. [Cases: Carriers C=;'61.]
ship's husband. Maritime law. A person appointed to
act as general agent of all the coowners ofa ship, as by
contracting for all necessary services, equipment, and
supplies. Cf. EXERCITOR. [Cases: Maritime Liens
28; Seamen 0=>22; Shipping C:-'::>74.]
ship's papers. Maritime law. The papers that a vessel is
required to carry to provide the primary evidence of
the ship's national character, ownership, nature and

1504 shipwreck
destination of cargo, and compliance with navigation
laws.These papers includes certificates of health,
charter-party, muster-rolls, licenses, and bills oflading.
[Cases: Shipping C=>5.]
shipwreck. Maritime law. 1. A ship's wreckage. [Cases:
Shipping C=>212.] 2. The injury or destruction of a
vessel because of circumstances beyond the owner's
control, rendering the vessel incapable ofcarrying out
its mission.
"There are two kinds of shipwreck: (1.) When the vessel
sinks or is dashed to pieces. (2.) When she is stranded,
which is, when she grounds and fills with water. The latter
may terminate in shipwreck, or may not, and it depends on
circumstances whether it will or will not justify an abandon
ment." 4 James Kent, Commentaries on American Law *323
n.(b) (George Comstock ed., 11th ed. 1866).
shire. A county in Great Britain (esp. England), origi
nally made up of many hundreds but later consisting
oflarger divisions set offby metes and bounds.
shire-gerefa. See shire-reeve under REEVE.
shire-reeve. See REEVE.
Shively presumption (shIv-lee). The doctrine that any
prestatehood grant of public property does not include
tidelands unless the grant specifically indicates other
wise. Shively v. Bowlby, 152 U.S. 1, 14 S.Ct. 548 (1894);
United States v. Holt State Bank, 270 U.S. 49, 46 S.Ct.
197 (1925). See EQUAL-FOOTING DOCTRINE. [Cases:
Navigable Waters C=>36(1).]
shock, n. A profound and sudden disturbance of the
physical or mental senses; a sudden and violent physical
or mental impression depressing the body's vital forces,
as by a sudden injury or medical procedure.
mental shock. Shock caused by agitation ofthe mental
senses and resulting in extreme grief or joy, as by
witnessing the horrific death of a family member or
winning the lottery. Cf. EMOTIONAL DISTRESS.
physical shock. Shock caused by agitation of the
physical senses, as from a sudden violent blow, impact,
collision, or concussion.
shock incarceration. See INCARCERATION.
shock probation. See PROBATION.
shock the conscience. To cause intense ethical or
humanitarian discomfort.  This phrase is used as an
equitable standard for gauging whether (1) state action
amounts to a violation of a person's substantive-due
process rights, (2) a jury's award is excessive, (3) a fine,
jail term, or other penalty is disproportionate to the
crime, or (4) a contract is unconscionable. See CON
SCIENCE OF THE COURT (2). [Cases: Appeal and Error
C=> 1004(5); Constitutional Law C=> 3896; Contracts
C:-.~1; Damages C=>127.1-127.3; New Trial C=>76.]
shop, n. (l3c) A business establishment or place of
employment; a factory, office, or other place of
business.
agency shop. A shop in which a union acts as an agent
for the employees, regardless of their union mem
bership. Nonunion members must pay union dues because it is presumed that any collective bargaining
will benefit nonunion as well as union members.
closed nonunion shop. A shop in which the employer
restricts employment to workers who are unaffiliated
with any labor union.
closed shop. A shop in which the employer, by agree
ment with a union, employs only union members
in good standing . Closed shops were made illegal
under the federal Labor-Management Relations
Act. -Also termed closed union shop. See PREHIRE
AGREEMENT. Cf. closed union under UNION. [Cases:
Labor and Employment C=> 1264.]
open closed shop. A shop in which the employer hires
nonunion workers on the understanding that they
will become union members within a specified
period. -Also termed open shop. [Cases: Labor and
Employment C=> 1264.]
open shop. 1. A shop in which the employer hires
workers without regard to union affiliation. See
RIGHT-TO-WORK LAW. Cf. open union under UNION.
2. See open closed shop.
preferential nonunion shop. A shop in which nonunion
members are given preference over main members in
employment matters.
preferential shop. See preferential union shop.
preferential union shop. A shop in which union
members are given preference over nonunion
members in employment matters. -Also termed
preferential shop.
union shop. A shop in which the employer may hire
nonunion employees on the condition that they join a
union within a specified time (usu. at least 30 days).
shop-book rule. (1898) Evidence. An exception to the
hearsay rule permitting the admission into evidence
of original bookkeeping records if the books' entries
were made in the ordinary course ofbusiness and the
books are authenticated by somebody who maintains
them. [Cases: Criminal Law C=>436(2); Evidence C=>
354.]
shop books. (17c) Records oforiginal entry maintained
in the usual course ofbusiness by a shopkeeper, trader,
or other businessperson. -Also termed books of
account; account books.
shop committee. A union committee that resolves
employee complaints within a union shop. See union
shop under SHOP.
shoplifting, n. (17c) Theft of merchandise from a store
or business; specif., larceny of goods from a store or
other commercial establishment by willfully taking and
concealing the merchandise with the intention ofcon
verting the goods to one's personal use without paying
the purchase price. See LARCENY. [Cases: Larceny C=>
1.] -shoplift, vb.
"Shoplifting is a form of larceny .... As a practical matter,
however, the difficulty of proving the wrongful taking and
the felonious intent requisites for a conviction under the
general larceny statutes, together with the risk of retribu
tory civil action


ious intent requisites for a conviction under the
general larceny statutes, together with the risk of retribu
tory civil action against the shopkeeper consequent to

1505
acquittal of an accused shoplifter, have caused shoplifting
to be established as a specific statutory crime in many juris
dictions." 50 Am. Jur. 2d Larcenv  71, at 79-80 (1995).
shop right. (1879) Patents. An employer's right to an
irrevocable, nonassignable, nonexclusive, royalty-free
license in an employee's invention, ifthe employee con
ceived and developed the invention during the course
ofemployment and used company funds and materials.
-The term derives from the idea that the right belongs
to the shop, not to the employee. Employment contracts
frequently contain patent-assignment clauses, but the
employer is entitled to the license even ifthe employee
retains the patent. Ifthe employee or consultant was
hired to invent, then the employer owns the result
ing inventions. If an employee develops an invention
independently, the employee is its sole owner. But ifan
employees uses the employer's resources to make the
invention, courts use the shop-right doctrine to order
the employee to compensate the employer. [Cases:
Labor and Employment (;'=:>308.]
shop steward. See STEWARD (2).
shore. (14c) 1. Land lying between the lines of high
and low-water mark; lands bordering on the shores of
navigable waters below the line ofordinary high water.
[Cases: Navigable WatersC='36(3); Waters and Water
Courses (>90.] 2. Land adjacent to a body ofwater
regardless ofwhether it is below or above the ordinary
high-or low-water mark. Also termed shore land.
[Cases: Navigable Waters 18, 33, 41; Waters and
Water Courses (;'=:>90-96.]
short, adj. 1. Not holding at the time ofsale the security
or commodity that is being sold in anticipation ofa fall
in price <the trader was short at the market's close>.
2. Ofor relating to a sale of securities or commodities
not in the seller's possession at the time ofsale <a short
position>. See short sale under SALE. Cf. LONG. [Cases:
Securities Regulation
short, adv. Bya short sale <sold the stock short>. See
short sale under SALE.
short, vb. To sell (a security or commodity) by a short sale
<shorted 1,000 shares of Pantheon stock>. See short sale
under SALE. [Cases: Securities Regulation
short cause. See CAUSE (J).
short-cause calendar. See CALENDAR (2).
short-cause trial. See short cause under CAUSE (3).
shortened statutory period. Patents. An amount oftime
less than 6 months, but not less than 30 days, given in
certain circumstances to a patent applicant to respond
to an office action. _ The period for most responses can
be extended up to the statutory period of 6 months.
MPEP 710.02. [Cases: Patents (;'=:> 104.]
shorter-term rule. See RULE OF THE SHORTER TERM.
short-form agreement. Labor law. A contract usu.
entered into by a small independent contractor whereby
the contractor agrees to be bound by a collective-bar
gaining agreement negotiated between a union and a
multiemployer bargaining unit. short-form bill oflading. See BILL OF LADING.
short-form merger. See MERGER.
short interest. Securities. In a short sale, the number
of shares that have not been purchased for return to
lenders. See short sale under SALE.
short lease. See LEASE.
short notice. See NOTICE.
short position. The position of an investor who borrowed
stock to make a short sale but has not yet purchased the
stock to repay the lender. See short sale under SALE.
short sale. See SALE.
short sale against the box. See SALE.
short-shipped, adj. Commercial law. Partially filled; con
taining fewer units than requested or paid for. [Cases:
Shipping (;'=:> 116.]
short summons. See SUMMONS.
short-swing profits. Profits made by a corporate insider
on the purchase and sale (or sale and purchase) of
company stock within a six-month period. -These
profits are subject to being returned to the company.
[Cases: Securities Regulation (;'=:>53.10-53.22.J
short-term alimony. See rehabilitative alimony under
ALIMONY.
short-term capital gain. See CAPITAL GAIN.
short-term debt. 1. See DEBT. 2. See current liability
under LIABILITY.
short-term loan. See LOAN.
short-term security. See SECURITY.
short-term trading. See TRADING.
short-term trust. See Clifford trust under TRlJST.
short title. See TITLE (3).
short ton. See TON.
shotgun instruction. See ALLEN CHARGE.
shotgun pleading. See PLEADING (I).
shotgun rejection. See REJECTION.
show, vb. (I2c) To make (facts, etc.) apparent or clear by
evidence; to prove.
show cause. To produce a satisfactory explanation or
excuse, usu. in connection with a motion or applica
tion to a court. [Cases: Motions (;'=:>24.]
show-cause motion. See MOTION.
show-canse order. See ORDER (2).
show-cause proceeding. (1922) A usu. expedited pro
ceeding on a show-cause order. -Also termed rule
to show cause; summary process; summary procedure;
expedited proceeding.
show-cause rule. See show-cause order under ORDER
(2).
shower (shoh-ilr), n. A person commissioned by a court
to take jurors to a place so that they may observe it as
they consider a case on which they are sitting. See VIEW
(3). [Cases: Criminal Law (;'=:>651; Trial C~::;)28.1

showing 1506
showing, n. (1857) The act or an instance of establish
ing through evidence and argument; proof <a prima
fade showing>.
show ofhands. See vote by show ofhands under VOTE
(4).
show-stopper. Corporations. An antitakeover tactic by
which the company seeks an injunction barring
the takeover usu. because the proposed merger
violates antitrust laws.
show trial. (1937) A trial, usu. in a nondemocratic
country, that is staged primarily for propagandistic
purposes, with the outcome predetermined.
showup, n. (1929) A pretrial identification procedure in
which a suspect is confronted with a witness to or the
victim ofa crime. -Unlike a lineup, a showup is a one
on-one confrontation. Cf. LINEUP. [Cases: Criminal
LawC~~339.8(5, 6).]
shrinkage. (1961) The reduction in inventory caused by
theft, breakage, or waste.
shrink-wrap license. See LICENSE.
SHU. abbr. SPECIAL HOUSING UNIT.
shutdown. (1884) A cessation ofwork production, esp.
in a factory.
shut-in royalty. See ROYALTY (2).
shut-in royalty clause. Oil & gas. A provision in an oil
and-gas lease allowing the lessee to maintain the lease
while there is no production from the property because
wells capable of production are shut in. -The lessee
pays the lessor a shut-in royalty in lieu of production.
[Cases: Mines and Minerals C:::">78.1(3).]
shuttle diplomacy. See DIPLOMACY.
shyster (Shls-t;)r). (1843) A person (esp. a lawyer) whose
business affairs are unscrupulous, deceitful, or unethi
caL
si actio (SI ak-shee-oh), n. [Latin] Hist. The closing state-,
ment in a defendant's plea demanding judgment.
si aliquid sapit (SI al-i-kwid say-pit). [Law Latin] Hist. If
he knows anything.
si antecedit ictum licet non congressum (SI an-ti-see
dit ik-t;)m II-set non bn-gres-am). [Law Latin] Hist. If
it precedes the blow, although not actually connected
with it.  The phrase appeared in reference to the malice
sufficient to warrant a capital murder conviction.
SIB. abbr. 1. Securities and Investment Board. See FINAN
CIAL SERVICES AGENCY. 2. See survivor-income benefit
plan under EMPLOYEE BENEFIT PLAN.
sib; imputet (sib-I im-py;)-tet). [Latin] Hist. Let it be
imputed to himself.
sibi invigilare (sib-I in-vij-;)-lair-ee). [Latin] Hist. To
watch for themselves.
sibling. A brother or sister.
sibship. 1. The quality or state ofbeing a blood relative,
esp. a Sibling. See DEGREE.
"[Tlhe ancient Germans knew yet another calculus of
kinship, which was bound up with their law of inheritance. Within the household composed of a father and children
there was no degree; this household was regarded for this
purpose as a unit, and only when, in default of children, the
inheritance fell to remoter kinsmen, was there any need
to count the grades of 'sibship.' Thus first cousins are in
the first degree of sibship; second cousins in the second."
2 Frederick Pollock & Frederic William Maitland, History
of English Law Before the Time of Edward I 386 (2d ed.
1899).
2. A group of blood relatives; kindred.
sic (sik). [Latin "so, thus"] (1859) Spelled or used as
written. -Sic, invariably bracketed and usu. set in
italics, is used to indicate that a preceding word or
phrase in a quoted passage is reproduced as it appeared
in the original document <"that case peeked [sic] the
young lawyer's interest">.
sick leave. 1. An employment benefit allowing a worker
time off for sickness, either with or without pay, but
without loss ofseniority or other benefits. [Cases: Labor
and Employment C:::"> 182.] 2. The time so taken by an
employee.
sickness and accident insurance. See health insurance
under INSURANCE.
si constet de persona (51 kon-stet dee p;)r-soh-na). [Latin]
If it is certain who is the person meant.
si contingat (Sl kon-ting-at). [Law Latin] If it happens.
_ This term was formerly used to describe conditions
in a conveyance.
sicut alias (sl-kat ay-lee-;)s), n. [Latin "as at another
time"] Hist. A second writ issued when the first one
was not executed.
"But where a defendant absconds, and the plaintiff would
proceed to an outlawry against him, an original writ must
then be sued out regularly, and after that a capias. And if
the sheriff cannot find the defendant upon the first writ ...
there issues out an alias writ, and after that a pluries, to
the same effect as the former: only after these words
'we command you,' this clause is inserted, 'as we have
formerly,' or, 'as we have often commanded you;' 'sicut
alias' ...." 3 William Blackstone, Commentaries on the
Laws ofEng/and 283 (1768).
sicut me Deus adjuvet (sik-;)t mee dee-;)s aj-;)-vet).
[Latin] So help me God.
side, n. (l3c) 1. The position of a person or group
opposing another <the law is on our side>. 2. Either
of two parties in a transaction or dispute <each side
put on a strong case>. 3. Archaic. The field of a court's
jurisdiction <equity side> <law side>. 4. Property. In a
description ofmore or less rectangularly shaped land,
either ofthe two long boundary lines.
side agreement. See AGREEMENT.
sidebar. (1856) 1. A position at the side of a judge's
bench where counsel can confer with the judge
beyond the jury's earshot <the judge called the attor
neys to sidebar>. 2. SIDEBAR CONFERENCE <during the
sidebar, the prosecutor accused the defense attorney
of misconduct>. 3. A short, secondary article within
or accompanying a main story in a publication <the
sidebar contained information on related topics>. 4.
SIDEBAR COMMENT.

sidebar comment. (1922) An unnecessary, often argu
mentative remark made by an attorney or witness, esp.
during a trial or deposition <the witness paused after
testifying, then added a sidebar>. -Often shortened
to sidebar. Also termed sidebar remark. [Cases: Trial
(;::>lB.]
sidebar conference. (1925) 1. A discussion among the
judge and counsel, usu. over an evidentiary objection,
outside the jury's hearing. -Also termed bench con
ference. [Cases: Trial 18,50.] 2. A discussion, esp.
during voir dire, between the judge and a juror or pro
spective juror. -Often shortened to sidebar.
sidebar remark. See SIDEBAR COMMENT.
sidebar ru1e. Hist. English law. An order or rule allowed
by the court without formal application, such as an
order to plead within a particular time. Formerly,
the rules or orders were made on the motion of the
attorneys at the sidebar in court.
side judge. See JUDGE.
side lines. L The margins ofsomething, such as property.
2. A different type ofbusiness or goods than one prin
cipally engages in or sells. 3. Mining law. The boundary
lines of a mining claim not crossing