. spadones (spd-doh-neez).
spam. Unsolicited commercial e-mail. [Cases: Telecom
munications (;:;1343.]
sparsim (spahr-sim). [Latin] Rist. Scattered; here and
there. -This term was used in several situations for
example, when an action to recover for waste not only
when the injury was complete, but also when the injury
was partial or scattered.
"And if waste be done sparsim. or here and there, allover
a wood, the whole wood shall be recovered; or if in several
rooms of a house, the whole house shall be forfeited:
because it is impracticable for the reversioner to enjoy only
the identical places wasted, when lying interspersed with
the other. But if waste be done only in one end of a wood
(or perhaps in one room of a house) if that can be conve
niently separated from the rest, that part only is the locus
vastatus, or thing wasted, and that only shall be forfeited
to the reversioner." 2 William Blackstone, Commentaries on
the Laws of England 28384 (1766). spatae placitum (spay-tee plas-;:Hdm), n. [Latin "the plea
of the sword] Hist. During the reign of Henry II, a court
providing swift justice in military matters.
SPD. abbr. SUMMARY PLAN DESCRIPTION.
SPDA. See single-premium deferred annuity under
ANNUITY.
SPE. abbr. SPECIAL-PURPOSE ENTITY.
speaker. 1. One who speaks or makes a speech <the
slander claim was viable only against the speaker>. 2.
The preSiding officer of a large deliberative assembly,
esp. a legislature's more numerous house, such as the
House of Representatives <Speaker ofthe House>. See
CHAIR (1). [Cases: United States <;::>7.1.]
speaking a vessel. Maritime law. A pilot's offer of
services.
speaking demurrer. See DEMURRER.
speaking motion. See MOTION (1).
speaking objection. See OBJECTION.
speaking statute. See STATUTE.
spec. abbr. SPECIFICATION.
special, adj. (l3c) 1. Of, relating to, or designating a
species, kind, or individual thing. 2. (Of a statute, rule,
deSigned for a particular purpose. 3. (Of powers,
etc.) unusual; extraordinary.
special acceptance. See ACCEPTANCE (4).
special act. See special law under LAW.
speciaJ administration. See ADMINISTRATION.
special administrator. See ADMINISTRATOR (2).
special advocate. See guardian ad litem under
GUARDIAN.
special agency. See AGENCY (1).
special agent. 1. See AGENT (2). 2. See INSURANCE
AGENT.
special agreement. See ad hoc compromis under COM
PROMIS.
special allocatur. See ALLOCATUR.
special allowance. See ALLOWANCE (4).
special appearance. See APPEARANCE.
special assessment. See ASSESSMENT.
special-assessment bond. See special-tax bond under
BOND (3).
Special Assistant to the United States Attorney. See
UNITED STATES ATTORNEY.
special assumpsit. See ASSUMPSIT.
special attorney. See special counsel under COUNSEL.
special authority. See AUTHORITY (1).
special bail. See bail to the action under BAIL (4).
special bailiff. See BAILIFF.
special benefit. See BENEFIT.
special calendar. See CALENDAR (2).
special case. See case reserved (I) under CASE.

1525
special charge. 1. See special instruction under JURY
I!'ISTRUCTION. 2. See CHARGE.
special charter. See CHARTER (3).
special circumstances. See exigent circumstances under
CIRCUMSTANCE.
special-circumstances rule. See SPECIAL-FACTS RULE.
special committee. See COMMITTEE.
special contract. See CONTRACT.
special-contract debt. See DEBT.
special counsel. See COUNSEL.
special count. See COUNT.
special court-martial. See COURT-MARTIAL.
special covenant against encumbrances. See COVENANT
(4).
special custom. See local custom under CUSTOM.
special damages. See DAMAGES.
special demurrer. See DEMURRER.
special deposit. See DEPOSIT (2).
special deputy. See DEPUTY.
special-design property. See special-purpose property
under PROPERTY.
special deterrence. See DETERRENCE.
special diligence. See DILIGENCE.
special district. See DISTRICT.
special dividend. See extraordinary dividend under
DIVIDE!'ID.
special-duty doctrine. (1980) Torts. The rule that a gov
ernmental entity (such as a state or municipality) can
be held liable for an individual plaintiff's injury when
the entity owed a duty to the plaintiff but not to the
general public. _ This is an exception to the public-duty
doctrine. The special-duty doctrine applies only when
the plaintiff has reasonably relied on the governmental
entity's assumption of the duty. Also termed special
duty exception. See PUBLIC-DUTY DOCTRI!'IE. [Cases;
Municipal Corporations C=>723.]
special-duty exception. 1. SPECIAL-DUTY DOCTRINE. 2.
SPECIAL-ERRAND DOCTRINE.
special election. See ELECTION (3).
special employee. See borrowed employee under
EMPLOYEE.
special employer. See EMPLOYER.
special-errand doctrine. The principle that workers'
compensation covers an employee's injuries occur
ring while the employee is on a journey or special duty
for the employer away from the workplace. -This is
an exception to the general rule that an employee is
not covered for injuries occurring away from work.
Also termed special-duty exception; special-mission
exception. See GOING-AND-COMING RULE. Cf. SPECIAL
HAZARD RULE. [Cases: Workers' Compensation
71S,723.] special interrogatory
special exception. 1. A party's objection to the form
rather than the substance of an opponent's claim,
such as an objection for vagueness or ambiguity. See
DEMURRER. Cf. general exception (1) under EXCEPTION
(1). [Cases: Pleading C=>22S.14.] 2. An allowance in
a zoning ordinance for special uses that are consid
ered essential and are not fundamentally incompatible
with the original zoning regulations. -Also termed
(in sense 2) conditional use; special use. Cf. VARIANCE
(2). [Cases; Zoning and Planning C=>481.]
special execution. See EXECUTION.
special executor. See EXECUTOR.
special-facts rule. Corporations. The principle that
a director or officer has a fiduciary duty to disclose
material inside information to a shareholder when
engaging in a stock transaction under special cir
cumstances, as when the shareholder lacks business
acumen, the shares are closely held with no readily
ascertainable market value, or the director or officer
instigated the transaction. -1his is an exception to the
"majority rule." Also termed special-circumstances
rule. Cf. MAJORITY RULE (2). [Cases: Corporations
316(3).]
special finding. See FINDING OF FACT.
special-form drawing. See DRAWING.
special franchise. See FRANCHISE (2).
special grand jury. See GRAND JURY.
special guaranty. See GUARANTY.
special guardian. See GUARDIAN.
special-hazard rule. The principle that workers' compen
sation covers an employee for injuries received while
traveling to or from work if the route used contains
unique risks or hazards and is not ordinarily used by
the public except in dealing with the employer. -This is
an exception to the general rule that an employee is not
covered for injuries occurring during the employee's
commute. See GOING-AND-COMING RULE. Cf. SPECIAL
ERRAND DOCTRINE. [Cases: Workers' Compensation
C=>719-755.]
special housing unit. A block of cells used to house
inmates who have been separated from the general
prison population, usu. for disciplinary purposes but
sometimes for safety reasons. -Inmates in special
housing units typically have fewer privileges than other
inmates. -Abbr. SHU. [Cases; Prisons C=> 13(5).]
special imparlance. See IMPARLANCE.
special indorsement. See INDORSEMENT.
special injunction. See INJUNCTION.
special instruction. See JURY INSTRUCTION.
special-interest group. An organization that seeks to
influence legislation or government policy in favor of
a particular interest or issue, esp. by lobbying. Also
termed special interest.
special interrogatory. See INTERROGATORY.

special issue. 1. See ISSUE (1). 2. See special interrogatory
under INTERROGATORY.
specialist. 1. A lawyer who has been board-certified in a
specific field oflaw. See BOARD OF LEGAL SPECIALIZA
TION. 2. Securities. A securities-exchange member who
makes a market in one or more listed securities . The
exchange assigns securities to various specialists and
expects them to maintain a fair and orderly market
as provided by SEC standards. [Cases: Exchanges
10.10.]
special judge. See JUDGE.
special jurisdiction. See limited jurisdiction under JURIS
DICTION.
special jury. See JURY.
special law. See LAW.
special legacy. See specific legacy under LEGACY.
special letter ofcredit. See LETTER OF CREDIT.
special lien. See particular lien under LIEN.
special limitation. See LIMITATION.
special litigation committee. Corporations. A com
mittee of independent corporate directors assigned
to investigate the merits of a shareholder derivative
suit and, if appropriate, to recommend maintaining
or dismissing the suit. -Abbr. SLC. -Also termed
independent investigation committee; authorized com
mittee. See DERIVATIVE ACTION. [Cases: Corporations
C=>206(l).]
specially accredited agent. See AGENT (2).
special malice. See particular malice under MALICE.
special master. 1. MASTER. 2. See judicial officer (3)
under OFFICER.
special matter. See MATTER.
special meaning. See SECONDARY MEANING.
special meeting. See MEETING.
special message. See MESSAGE.
special-mission exception. See SPECIAL-ERRAND DOC
TRINE.
special mortgage. See MORTGAGE.
special motion. See MOTION (1).
special-needs analysis. (1989) Criminal procedure. A
balancing test used by the Supreme Court to determine
whether certain searches (such as administrative, civil
based, or public-safety searches) impose unreasonably
on individual rights. [Cases: Searches and Seizures C=>
24.]
special-needs child. See CHILD.
special-needs trust. See supplemental-needs trust under
TRUST.
special non est factum. See NON EST FACTUM.
special occupant. See OCCUPANT.
special offering. See OFFERING.
special order. See ORDER (4). special-order agenda. See special-order calendar under
CALENDAR (4).
special-order calendar. See CALENDAR (4).
special owner. See OWNER.
special partner. See limited partner under PARTNER.
special partnership. See PARTNERSHIP.
special permit. See SPECIAL-USE PERMIT.
special plea. See PLEA (3).
special pleader. See PLEADER.
special pleading. (17c) 1. The common-law system of
pleading that required the parties to exchange a series
of court papers (such as replications, rebutters, and sur
rebutters) setting out their contentions in accordance
with hypertechnical rules before a case could be tried.
 Often, therefore, cases were decided on points of
pleading and not on the merits. [Cases: Pleading
1.] 2. The art of drafting pleadings under this system.
3. An instance of drafting such a pleading. 4. A respon
sive pleading that does more than merely deny alle
gations, as by introducing new matter to justify an
otherwise blameworthy act. 5. An argument that is
unfairly slanted toward the speaker's viewpoint because
it omits unfavorable facts or authorities and develops
only favorable ones.
special plea in bar. See PLEA IN BAR.
special plea in error. At common law, a plea alleging
some extraneous matter as a ground for defeating a
writ oferror (such as a release or expiration ofthe time
within which error can be brought), to which the plain
tiff in error must reply or demur.
special power. 1. See POWER (3). 2. See limited power of
appointment under POWER OF APPOINTMENT.
special power of appOintment. See limited power of
appOintment under POWER OF APPOINTMENT.
special power ofattorney. See POWER OF ATTORNEY.
special prayer. See PRAYER FOR RELIEF.
special privilege. See PRIVILEGE (1).
special proceeding. See PROCEEDING.
special property. See PROPERTY.
special prosecutor. See PROSECUTOR.
special-purpose entity. A business established to
perform no function other than to develop, own, and
operate a large, complex project (usu. called a single
purpose project), esp. so as to limit the number ofcredi
tors claiming against the project. - A special-purpose
entity provides additional protection for project
lenders, which are usu. paid only out of the money gen
erated by the entity's business, because there will be
fewer competing claims for that money and because the
entity will be less likely to be forced into bankruptcy. A
special-purpose entity will sometimes issue securities
instead ofjust receiving a direct loan. -Abbr. SPE.
Also termed


purpose entity will sometimes issue securities
instead ofjust receiving a direct loan. -Abbr. SPE.
Also termed special-purpose vehicle (SPV). See BANK
RUPTCY-REMOTE ENTITY; SINGLE-PURPOSE PROJECT;
project financing under FINANCING.

1527 species
special-purpose property. See PROPERTY.
special-purpose vehicle. See SPECIAL-PURPOSE ENTITY.
special reference. See REFERENCE.
special registration. See REGISTRATION (1).
special relationship. See RELATIONSHIP.
special-relationship doctrine. (1981) The theory that ifa
state has assumed control over an individual sufficient
to trigger an affirmative duty to protect that individual
(as in an involuntary hospitalization or custody), then
the state may be liable for the harm inflicted on the
individual by a third party. This is an exception to
the general principle prohibiting members ofthe public
from suing state employees for failing to protect them
from third parties. Also termed special-relationship
exception. Cf. DANGER-CREATION DOCTRINE. [Cases:
States ~112.2(2).]
special relief. Copyright. A variance from a formal
requirement for copyright registration or deposit
granted by the U.S. Copyright Office when an applicant
shows a good reason for the variance. [Cases: Copy
rights and Intellectual Property ~50.20.]
special replication. See REPLICATION.
special reprisal. See REPRISAL.
special retainer. See RETAINER.
special retention. See RETENTION.
special rule. 1. A rule applicable to a particular case
or circumstance only. See RULE (1). 2. A deliberative
assembly's rule that supplements or supersedes its par
liamentary authority. See PARLIAMENTARY AUTHORITY.
3. A rule that applies only to a particular matter, such as
a specific bill. In senses 2 & 3, see RULE (2), (3).
specials. See special damages under DAMAGES.
special-sensitivity rule. See EGGSHELL-SKULL RULE.
special session. See SESSION (1).
special setting. See SETTING.
special statute. See STATUTE.
special stock. See STOCK.
special tail. See tail special under TAIL.
special tax. See TAX.
special-tax bond. See BOND (3).
special term. See TERM (5).
Special 301. Intellectual property. A provision of the
Omnibus Trade and Competitiveness Act of 1988
directing the U.S. Trade Representative to report
annually on countries that do not provide adequate and
effective protection against the pirating ofgoods pro
tected by U.S. intellectual-property rights . Countries
that fail the annual audit are put on a watch list and
may face trade sanctions. 19 USCA  2411 et seq.
special traverse. See TRAVERSE.
special trial setting. See special setting under SETTING.
special truce. See TRUCE.
special trust. See active trust under TRUST. specialty. 1. See contract under seal under CONTRACT. 2.
DOCTRINE OF SPECIALTY. 3. Eminent domain. Unique
property (such as a church or cemetery) that is essen
tially not marketable, so that its value for condemnation
purposes is determined by measuring the property's
reproduction cost less any depreciation. Also termed
(in sense 3) specialty property. [Cases: Eminent Domain
C-~\134.]
specialty bar. See BAR.
specialty contract. See contract under seal under
CONTRACT.
specialty creditor. See CREDITOR.
specialty debt. See special-contract debt under DEBT.
specialty doctrine. See DOCTRINE OF SPECIALTY.
specialty property. See SPECIALTY (3).
special use. See SPECIAL EXCEPTION (2).
special-use permit. A zoning board's authorization
to use property in a way that is identified as a special
exception in a zoning ordinance . Unlike a variance,
which is an authorized violation ofa zoning ordinance,
a special-use permit is a permitted exception. -Abbr.
SUP. -Also termed conditional-use permit; special
permit. See SPECIAL EXCEPTION (2). Cf. VARIANCE (2).
[Cases: Zoning and Planning ~371, 483.]
special-use valuation. See VALUATION.
special venire. See VENIRE.
special verdict. See VERDICT.
special warranty. See WARRANTY (1).
special warranty deed. See DEED.
specie (spee-shee). See IN SPECIE.
species (spee-sheez). 1. A taxonomic class oforganisms
uniquely distinguished from other classes by shared
characteristics and usu. by an inability to interbreed
with members ofother classes.
candidate species. Environmental law. Plants and
animals identified by the Fish and Wildlife Service
or National Marine Fisheries Service as potentially
endangered or threatened but not of high enough
priority to develop a proposed listing regulation under
the Endangered Species Act.  Candidate species are
not protected by federal law. -Also termed listed
species.
endangered species. A species in danger ofbecoming
extinct; esp., under federal law, a species that is in
danger of extinction throughout all or a significant
part ofits range . Federal law excludes from the defi
nition a species ofthe class Insecta ifthe Environmen
tal Protection Agency determines that it constitutes
a pest whose protection would present a Significant
risk to the human population. 50 CFR  81. [Cases:
Environmental Law ~~528.1
listed species. See candidate species.
threatened species. A species that, within the foresee
able future, is likely to become an endangered species
throughout all or a Significant part of its range. 16

USCA  1532(20). [Cases: Environmental Law
528.]
2. A spedfic class or kind of thing within a larger,
general class . For example, tort refers to a general
class or genus. Slander refers to a specific kind of tort.
Cf. GENUS. 3. Patents. An element, usu. one of several
mutually exclusive alternatives, that may be used in an
invention to achieve a desired result <magnetic metals,
including iron and steel> . Species may be structures,
steps, parts, compounds, and so on.
ultimate species. A species that has been fully and
narrowly defined. For example, a species may
be defined generally as "magnetic metals, includ
ing iron and steeL" or particularly, such as "sodium
chloride."
species claim. See PATENT CLAIM.
species facti (spee-shee-eez or spee-sheez fak-tI). [Latin]
Scots law. The particular character of the thing done.
 The phrase appeared in reference to the specific
criminal act or civil wrong alleged.
specific, adj. 1. Of, relating to, or designating a particu
lar or defined thing; explicit <specific duties>. 2. Ofor
relating to a particular named thing <specific item>.
3. Conformable to special requirements <specific per
formance>. -specificity (spes-<>-fis-i-tee), n. spe
cifically, adv.
specific appropriation. See APPROPRIATION (2).
specificatio (spes-<>-fi-kay-shee-oh), n. [Latin fro species
"form" +facere "to make"] Roman & civil law. L A
giving of form to materials; the process of making
something new from existing property. 2. A mode of
acquisition by which a person makes something new
from existing material (for example, wine from grapes
or a ship from timber). See ACCESSION (4). PI. specifi
cationes.
"Specificatio. This may be described as acquisition of a
new thing by making it, out of materials wholly or partly
belonging to another person. We shall deal only with the
case in which the materials are wholly another's. There
was in classical law a conflict of opinion on this topic, , . ,
Justinian tells us that there had been a media sententia
according to which it belonged to the maker if (I) it was
irreducible to its former state, and (ii) it really was a nova
speCies. where species means thing, And this view he
adopts as law." w.w. Buckland, A Manual of Roman Private
Law 143 (2d ed, 1953),
specification. (I7c) 1. The act ofmaking a detailed state
ment, esp. of the measurements, quality, materials, or
other items to be provided under a contract. [Cases:
Contracts 199(1).] 2. The statement so made. 3.
Patents. 'The part of a patent application describing how
an invention is made and used, the best mode ofopera
tion of the claimed invention, and the inventor's claims.
 The specification must be clear and complete enough
to enable a person of ordinary skill in the art to make
and use the invention. It must also disclose the best
mode ofworking the invention. The term may also refer
to the description as separate from the claims. Abbr.
spec. Cf. PATENT CLAIM. [Cases: Patents ~-:::>99.] "The specification and claims of a patent, particularly ifthe
Invention be at all complicated, constitute one of the most
difficult legal instruments to draw with accuracy; and, in
view of the fact that valuable inventions are often placed in
the hands of inexperienced persons to prepare such speci'
fications and claims, it is no matter of surprise that the
latter frequently fail to describe with requisite certainty the
exact invention of the patentee, and err either in claiming
that which the patentee had not in fact invented, or in
omitting some element which was a valuable or essential
part of his actual invention," Topliff v. Topliff. 145 U.S. 156,
170,12 S.Ct. 825, 831 (1892).
substitute specification. A patent specification that
is rewritten (1) to include amendments made to the
specification after filing; (2) to replace an illegible
or unreadable original; or (3) to prepare the papers
for printing. A substitute specification must be
accompanied by a statement that it contains no new
matter, and by a copy showing what has been added
and deleted since the original specification. Substitute
specifications are allowed under 37 CFR 1.125. Also
termed rewritten specification. [Cases: Patents
109.]
4. A statement of charges against one who is accused
of an offense, esp. a military offense. [Cases: Military
Justice C:::950-971.]
"A charge sets forth an offense that is, a particular
kind of act or conduct that the governing rules define as
entailing liability to prescribed penalties -of which the
accused is alleged to be guilty. A specification states what
the accused is alleged to have done which, if true, consti
tutes an instance of the offense indicated in the charge. An
accused must be found guilty of a charge before a penalty
can be imposed." Henry M. Robert. Robert's Rules ofOrder
Newly Revised  61, at 636 (10th ed. 2002),
5. The acquisition of title to materials belonging to
another person by converting those materials into a
new and different form, as by changing grapes into
wine, lumber into shelving, or corn into liquor . The
effect is that the original owner of the materials loses
the property rights in them and is left with a right of
action for their original value. -Abbr. spec.
specific bequest. See BEQUEST.
specific denial. See DENIAL.
specific deposit. See special deposit under DEPOSIT (2).
specific devise. See DEVISE.
specific duty. See DUTY (4).
specific enforcement. See primary right under RIGHT.
specific example. See EXAMPLE.
specific guaranty. See GUARANTY.
specific intent. See INTENT (1).
specific-intent defense. Criminal law. A defendant's
claim that he or she did not have the capacity (often
supposedly because of intoxication or mental illness)
to form the intent necessary for committing the crime
alleged. lCases: Criminal Law ~48-51, 55.]
specific jurisdiction. See JURISDICTION.
specific legacy. See LEGACY.
specific legatee. See LEGATEE.

1529 speech
specific lien. See LIEN.
specific main motion. See incidental main motion under
MOTION (2).
specific objection. See OBTECTION.
specific performance. (I8c) The rendering, as nearly
as practicable, of a promised performance through a
judgment or decree; specif., a court-ordered remedy
that requires precise fulfillment of a legal or contrac
tual obligation when monetary damages are inappro
priate or inadequate, as when the sale of real estate or
a rare article is involved . Specific performance is an
equitable remedy that lies within the court's discretion
to award whenever the common-law remedy is insuf
ficient, either because damages would be inadequate
or because the damages could not pOSSibly be estab
lished. -Also termed specific relief [Cases: Specific
Performance (;::c 1.]
"In essence, the remedy of specific performance enforces
the execution of a contract according to its terms, and it
may therefore be contrasted with the remedy of damages,
which is compensation for non-execution. In specific per
formance, execution of the contract is enforced by the
power of the Court to treat disobedience of its decree as
contempt, for which the offender may be imprisoned until
he IS prepared to comply with the decree. Actually, ... it is
not strictly accurate to say that the Court enforces execu'
tion of the contract according to its terms, for the Court
will not usually intervene until default upon the contract
has occurred, so that enforcement by the Court is later in
time than performance carried out by the person bound,
without the intervention of the Court." G.W. Keeton, An
Introduction to Equity 304 (5th ed. 1961).
specific personal jurisdiction. See TURISDICTION.
specific policy. See basic-form policy under INSURANCE
POLICY.
specific-purpose rule. Insurance. The principle that a
nonowner driver of a vehicle is treated as an omnibus
insured under the vehicle owner


. Insurance. The principle that a
nonowner driver of a vehicle is treated as an omnibus
insured under the vehicle owner's liability coverage only
ifthe driver's actual use ofthe vehicle at the time ofthe
accident is the exact use that the owner contemplated
when granting permission or consent to the nonowner
driver . The time at which the bailment of the vehicle
was to expire must not have passed, the place where
the vehicle was being used must be as specified or con
templated by the insured, and the use ofthe vehicle
must comport with the type of use that the insured had
in mind when the bailment was created. Otherwise,
the permittee's use of the vehicle will be regarded as a
conversion. -Also termed conversion rule; strict rule.
[Cases: Insurance C::::>2667.J
specific relief. See SPECIFIC PERFORMANCE.
specific remedy. See REMEDY.
specific tax. See TAX.
specific traverse. See common traverse under TRAVERSE.
specimen. An actual sample of something; esp., an
example of a trademark as it is used in commerce . In
the field of trademarks, a specimen typically consists
of a label, a container, a display, or a photograph of
the mark used for selling or advertising the goods or
services. [Cases: Trademarks (;::c 1282.] specious, adj. Falsely appearing to be true, accurate, or
just <specious argument>.
spectrograph. (1884) An electromagnetic machine that
analyzes sound, esp. a human voice, by separating and
mapping it into elements offrequency, time lapse, and
intensity (represented by a series of horizontal and
vertical bar lines) to produce a final voiceprint. See
VOICEPRINT. [Cases: Criminal Law (;::c339.6, 388.2.]
speculation, 11. (l4c) 1. The buying or selling of some
thing with the expectation of profiting from price
fluctuations <he engaged in speculation in the stock
market>. 2. The act or practice of theorizing about
matters over which there is no certain knowledge <the
public's speculation about the assassination oOohn F.
Kennedy>. speculate, vb. -speCUlative, adj.
speculative damages. See DAMAGES.
speculative risk. See RISK.
speculative security. See SECURITY.
speculator. A knowledgeable, aggressive investor who
trades securities to profit from fluctuating market
prices.
speech. (bef. 12c) 1. The expression or communication
of thoughts or opinions in spoken words; something
spoken or uttered. See FREEDOM OF SPEECH. [Cases:
Constitutional Law (;::c1492.]
commercial speech. (1963) Communication (such as
advertising and marketing) that involves only the
commercial interests ofthe speaker and the audience,
and is therefore afforded lesser First Amendment pro
tection than social, political, or religiOUS speech. Cf.
pure speech. [Cases: Constitutional Law C::~) 1535
1541.1
corporate speech. (1959) Speech deriving from a cor
poration and protected under the First Amendment.
 It does not lose protected status simply because of
its corporate source.
hate speech. (1988) Speech that carries no meaning
other than the expression of hatred for some group,
such as a particular race, esp. in circumstances
in which the communication is likely to provoke
violence. Cf. hate crime under CRIME; group libel
under LIBEL. [Cases: Civil Rights 1808; Consti
tutional Law (;::c 1560.]
pure speech. (1943) Words or conduct limited in form
to what is necessary to convey the idea . This type of
speech is given the greatest constitutional protection.
Cf. commercial speech; symbolic speech.
seditious speech. (1920) Speech advocating the violent
overthrow of government. See SEDITION. [Cases: Con
stitutional Law (:::;;, 1580.]
speech-plus. See symbolic speech.
symbolic speech. (1966) Conduct that expresses
opinions or thoughts, such as a hunger strike or the
wearing of a black armband . Symbolic speech does
not enjoy the same constitutional protection tbat pure

speech does. -Also termed speech-plus. Cf. pure
speech. [Cases: Constitutional Law C=;90.1(I).]
2. English law. An opinion delivered by a Law Lord;
JUDGMENT (2). 3. Parliamentary law. The unit of debate;
specif., one statement, usu. subject to a time limit, on
one question by one member. -When finished, the
speaker must relinquish the floor and ordinarily cannot
yield it to another member.
Speech Clause. The First Amendment provision that
"Congress shall make no law ... abridging the freedom
of speech." U.S. Const. amend I. Also termed
Freedom ofSpeech Clause. [Cases: Constitutional Law
C:::) 1490-2304.]
Speech or Debate Clause. (1965) The clause of the u.s.
Constitution giving members of Congress immunity
for statements made during debate in either the House
or the Senate. -This immunity is extended to other
areas where it is necessary to prevent impairment of
deliberations and other legitimate legislative activities,
such as subpoenaing bank records for an investigation.
U.S. Const. art. I,  6., cl. 1. Also termed Speech and
Debate Clause. See congressional immunity under
IMMUNITY (1). [Cases: United States C=>12.]
speech-plus. See symbolic speech under SPEECH.
speedy execution. See EXECUTION.
speedy remedy. See REMEDY.
speedy trial. (l8c) Criminal procedure. A trial that the
prosecution, with reasonable diligence, begins promptly
and conducts expeditiously. -The Sixth Amendment
secures the right to a speedy trial. In deciding whether
an accused has been deprived of that right, courts gen
eraly consider the length ofand reason for the delay,
and the prejudice to the accused. [Cases: Criminal Law
C=;577.1-577.16.]
Speedy Trial Act of 1974. A federal statute establishing
time limits for carrying out the major events (such as
information, indictment, arraignment, and trial com
mencement) in the prosecution of federal criminal
cases. 18 USCA  3161-3174. [Cases: Criminal Law
577.5.]
spending bill. See appropriations bill under BILL (3).
spending power. See POWER (3).
spendthrift, n. One who spends lavishly and wastefully:
a profligate. [Cases: Spendthrifts C=;3.] spendthrift,
adj.
spendthrift trust. See TRUST.
spent bill oflading. See BILL OF LADING.
spe numerandae pecuniae (spee n[y]oo-mCl-ran-dee pi
kyoo-nee-ee). [Law Latin] Scots law. In the hope ofthe
money being paid.
"So, also, where one delivers a conveyance, which acknowl
edges receipt of the consideration price, and discharges
the disponee, this does not exclude his action for the price,
if the disponee. on receiving delivery, refuses payment; the
disponee is still liable ex dolo, the deed having been deliv
ered spe numerandae pecuniae: John Trayner, Trayner's
Latin Maxims 582 (4th ed, 1894). sperate (speer-;:Jt), adj. Archaic. (Of a debt) recoverable;
not hopeless. -In determining whether a debt could be
collected, consideration was formerly given to whether
the debt was desperate or sperate.
spes accrescendi (speez ak-r;:J-sen-dI). [Latin "hope of
accrual"] Hope ofacquiring an extra share ofa legacy
or inheritance by survival.
spes obligationis (speez ob-li-gay-shee-oh-nis). [Latin]
Hist. The hope of an obligation yet to emerge.
spes recuperandi (speez ri-k[y]oo-p;:J-ran-dr). [Latin
"hope ofrecovery"] Hope of recovering a prize, as from
a captured vessel.
spes succession is (speez sdk-sesh-ee-oh-nis). [Latin
"hope ofsuccession"] Hope of succeeding to a right.
"A mere spes successionis must be distinguished from a
contingent right. If Matilda has nursed her Invalid friend
for thirty years, she may have every hope of succeeding
to the property, but she has no right." George Whitecross
Paton, A Textbook ofjurisprudence 306 (GW. Paton &David
P. Derham eds., 4th ed. 1972),
spes successionis in destinatione (speez s<lk-ses[h)-ee
oh-nis in des-ti-nay-shee-oh-nee). [Law Latin) Hist.
A hope of succeeding under a destination (that is, an
appointment by will).
spes successionis in obligatione (speez s;3k-ses[h]-ee-oh
nis in ob-li-gay-shee-oh-nee). [Law Latin] Hist. A hope
ofsucceeding to a right under an existing obligation.
Spielberg doctrine. Labor law. The policy of the National
Labor Relations Board to defer to an arbitrator's
decision regarding a contract dispute if(1) the decision
is not repugnant to the NLRB, (2) the arbitration pro
ceedings prOVided a hearing as fair as would have been
provided before the NLRB, and (3) the contract requires
binding arbitration. Spielberg Mfg. Co., 112 NLRB Dec.
(CCH) 86 (1955). Cf. COLLYER DOCTRINE.
"In Spielberg Mfg. Co. (1955), the Board announced its
policy of dismissing an unfair labor practice complaint
in deference to an arbitration award already rendered,
provided the arbitral procedures were fair and the award
was not repugnant to the policies of the Labor Act .... The
Supreme Court in several cases cited the Board's deferral
policy with approval, noting that the Board has discre
tion to respect an arbitration award and that arbitration
of disputes contributes to industrial peace and stability."
Robert A. Gorman, Basic Text on Labor Law: Unionization
and Collective Bargaining 751 (1976).
spigurnel (spig-<lr-nel), n. Hist. An early officer ofthe
Chancery, equivalent to the Sealer of the king's writs
in later times.
spillover. See EXTERNALITY.
spillover theory. (1985) The principle that a severance
must be granted only when a defendant can show that
a trial with a codefendant would substantially prejudice
the defendant's case, as when the jury might wrongly
use evidence against the defendant. See BRUTON ERROR.
[Cases: Criminal Law C=;622.7(8).]
"The spillover theory involves the question of whether a
jury's unfavorable impression of a defendant against whom
the evidence is properly admitted will influence the way
the jurors view a codefendant .. , . The test. , . is whether
the jury can keep separate the evidence that is relevant to

1531 sponge tax
each defendant and render a fair and impartial verdict."
22A C).S. Criminal Law  571, at 190-91 (1989).
spinning. Securities. The giving of shares or preferred
opportunities to buy shares in an initial public offering
to key investment-banking clients in order to solicit or
retain profitable business in the future.
spin-off, n. 1. A corporate divestiture in which a division
ofa corporation becomes an independent company and
stock of the new company is distributed to the corpo
ration's shareholders. [Cases: Corporations (;::::0445.]
2. The company created by this divestiture. -Also
written spinoff. Cf. SPLIT-OFF; SPLIT-UP.
spirit of the law. (16c) 1he general meaning or purpose
of the law, as opposed to its literal content. Cf. LETTER
OF THE LAW. [Cases: Statutes (;::::0 183.]
spiritual, adj. Ofor relating to ecclesiastical rather than
secular matters <spiritual corporation>.
spiritual corporation. See CORPORATION.
spiritual court. See ecclesiastical court under COURT.
spiritual lord. An archbishop or bishop having a seat in
the House of Lords.
spiritual tenure. See TENURE.
spiritual-treatment exemption. See FAITH-HEALING
EXEMPTION.
spital (spit-;>l). Archaic. A hospital. Also termed
spittle.
spite fence. (1901) A fence erected solely to annoy a
neighbor, as by blocking the neighbor's view or pre
venting the neighbor from acquiring an easement of
light <the court temporarily enjoined the completion
of the 2S-foot spite fence>. Cf. LAWFUL FENCE. [Cases:
Adjoining Landowners C::~:10; Fences Nuisance
C=)3(12).]
spittle. See SPITAL.
split, vb. 1. To divide (a cause of action) into segments
or parts. 2. To issue two or more shares for each old
share without changing the shareholder's proportional
ownership interest. See STOCK SPLIT; SPLIT-INTEREST
PURCHASE OF PROPERTY. [Cases: Corporations
66.]
split custody. See CUSTODY (2).
split-dollar life insurance. See LIFE INSURANCE.
split fund. See dual fund under MUTUAL FUND.
split-funded plan. See EMPLOYEE BENEFIT PLAN.
split gift. See GIFT.
split income. See INCOME.
split-interest purchase of property. An arrangement
between two parties to purchase an asset whereby
one party (often a parent) purchases a life estate and
the other party (often a child


to purchase an asset whereby
one party (often a parent) purchases a life estate and
the other party (often a child or grandchild of the life
tenant) purchases a remainder interest. _ Each party
to a split pays the actuarial value of the interest pur
chased. Often shortened to split. -Also termed
joint-interest purchase. split-interest trust. See charitable-remainder trust under
TRUST.
split-level statute. See STATUTE.
split-off, n. 1. 'llie creation of a new corporation by an
existing corporation that gives its shareholders stock
in the new corporation in return for their stock in the
original corporation. 2. The corporation created by this
process. -Also written splitoff. Cf. SPIN-OFF; SPLIT
UP.
split order. See ORDER (8).
split sentence. See SENTENCE.
splitting a cause of action. (1850) Separating parts of
a demand and pursuing it piecemeal; presenting only
a part of a claim in one lawsuit, leaving the rest for a
second suit. _ This practice has long been considered
procedurally impermissible. [Cases: Action C=S3;
Judgment (;::::0591.]
split-up, n. The division of a corporation into two or
more new corporations. _ The shareholders in the
original corporation typically receive shares in the
new corporations, and the original corporation goes
out ofbusiness. Also written splitup. Cf. SPI~-OFF;
SPLIT-OFF.
split verdict. See VERDICT.
spoiled ballot. See BALLOT (2).
spoils ofwar. See BOOTY (1).
spoils system. The practice of awarding government
jobs to supporters and friends of the victorious politi
cal party. Cf. MERIT SYSTEM. [Cases: Officers and Public
Employees (;::::025.]
spoliation (spoh-Iee-ay-sh;>n), n. (18c) 1. The intentional
destruction, mutilation, alteration, or concealment of
evidence, usu. a document. -Ifproved, spoliation may
be used to establish that the evidence was unfavor
able to the party responsible. [Cases: Evidence (;::::078;
Federal Civil Procedure 1636; Pretrial Procedure
(;::::0434.] 2. The seizure of personal or real property
by violent means; the act ofpillaging. 3. 1he taking of
a benetit properly belonging to another. 4. Eccles. law.
The wrongful deprivation ofa cleric ofhis benefice.
spoliate (spoh-Iee-ayt), vb. -spoliator (spoh-Iee-ay
tar), n.
spolium (spoh-lee-;>m), n. [Latin "booty"] Roman law.
Something taken from an enemy in war or plundered
from a fellow-citizen . The plural spolia was more
common than the Singular.
Spondesnef Spondeo (spon-deez spon-dee-oh). [Latin]
Roman law. Do you agree to undertake? I undertake.
This was the special phrase, available only to citizens,
that created a sponsio. See SPONSIO; STIPULA TIO.
spondet peritiam artis (spon-det p;>-rish-ee-am ahr-tis).
[Latin "he guarantees his professional skill"] Hist. He
promised to use the skill of his art. -This phrase is used
in construction contracts to indicate an implied agree
ment to perform in a workmanlike manner.
sponge tax. See pickup tax under TAX.

sponsalia (spon-say-lee-~), n. [Latin] Rist. 1. A betrothal;
an engagement to marry. 2. An engagement gift.
Also termed stipulatio sponsalitia.
sponsalia per verba de futuro (spon-say-lee-a p~rv<lr-b~
dee f[yJoo-t[y)oor-oh). [Latin "espousals by words
about the future"] Rist. A promise to marry in the
future.
"[AJ promise to marry in the future (sponsalia per verba de
futuro) gave rise only to an executory contract of marriage.
The regular way of executing the contract was to solem
nise the marriage, using present words. But the Canon
law acknowledged that it could also be turned into the
indissoluble bond of present matrimony by physical con
summation .... Thus, in the absence of carnal copulation,
the validity of a marriage had come to depend on whether
the contract was bywords de praesenti or de futuro . ... It
is hardly surprising that it gave rise to so much wrangling
and fraud, and that the commonest species of matrimonial
suit in the medieval consistory courts was to interpret and
enforce 'espousals'." j.H. Baker, An Introduction to English
Legal History 546 (3d ed. 1990).
sponsalia per verba de praesenti (spon-say-Iee-a par
v<lr-ba dee pri-zen-tr or pree-). Eccles. law. A type of
informal marriage that occurred when the parties
made an informal agreement to have each other as
husband and wife. -This type of informal marriage
was based on nothing more than the present consent
to be married but was entirely valid and would take
precedence over a later formal ceremonial marriage
that either of the parties attempted to contract with
someone else.
sponsio (spon-shee-oh), n. [Latin] Roman law. An
undertaking, available only to citizens, in the form of
an answer to a question using a solemn form ofwords
with religious overtones. -This was the original form
ofstipulation. See STIPULATIO.
sponsio judicialis (spon-shee-oh joo-dish-ee-ay-lis).
[Latin] Roman law. A formal promise that the judge is
entitled to acquire by virtue ofhis office. PI. sponsiones
judiciales.
sponsio ludicra (spon-shee-oh loo-di-kra). [Latin "a
laughable promise")!. Civil law. An informal or illicit
understanding that is not enforceable. 2. Scots law. An
obligation that a court will not enforce because it does
not concern a worthy subject; e.g., a gambling agree
ment. Pi. sponsiones ludicrae.
sponsion (spon-sh;m), n. [fr. Latin spondere "to engage"]
1. The formal pledge by which a person becomes a
surety. 2. Int'llaw. An ultra vires promise ofan official
agent (such as a general in wartime), requiring later
ratification by the principal. 3. Roman law. A form
of guarantee accessory to an oral contract. -Only
Roman citizens could make this type ofguarantee. See
ADPROMISSION (1). sponsional (spon-sh;}n-;}l), adj.
sponsor. 1. One who acts as a surety for another. 2. A
legislator who proposes a bill. 3. Civil law. One who vol
untarily intervenes for another without being requested
to do so. 4. GODPARENT.
spontaneous abortion. See MISCARRIAGE.
spontaneous crime. See CRIME. spontaneous declaration. (1840) Evidence. A statement
that is made without time to reflect or fabricate and is
related to the circumstances of the perceived occur
rence. -Also termed spontaneous statement; spontane
ous exclamation; spontaneous utterance. See EXCITED
UTTERANCE; PRESENT SENSE IMPRESSION. [Cases:
Criminal Law~363; Evidence~120.]
sponte (spon-tee). [Latin) Rist. Spontaneously; volun
tarily. See SUA SPONTE.
sponte oblata (spon-tee <l-blay-ta). [Latin "freely offered")
Rist. A gift to the Crown.
sports franchise. See FRANCHISE (4).
sportula (spor-cha-la), n. [Latin] Roman law. 1. A
present; a donation, as to the poor. 2. A fee paid to
certain officials for performing judicial duties. -Also
termed sportella.
spot, adj. Made, paid, or delivered immediately <a spot
sale> <spot commodities>.
spot market. See MARKET.
spot price. See PRICE.
spot zoning. See ZONING.
spousal abuse. See ABUSE.
spousal allowance. See ALLOWANCE (1).
spousal consortium. See CONSORTIUM.
spousal-impoverishment provision. A section of the
Medicare Catastrophic Coverage Act allOWing the stay
at-home spouse ofa person residing in a nursing home
to retain certain assets and some joint income, and to
earn income without jeopardizing the institutionalized
spouse's eligibility for Medicaid. _ Before the provi
sion was enacted in 1988, almost all of a couple's joint
assets and the noninstitutionalized spouse's income
had to go toward the cost of the nursing-home resi
dent's care before Medicaid provided any support. 42
USCA  1396r-5. [Cases: Health ~471.1
spousal labor. Family law. Work by either spouse during
the marriage. _ This term is typically used in commu
nity-property states.
spousal privilege. See marital privilege under PRIVILEGE
(3).
spousal rape. See marital rape under RAPE.
spousals. Rist. Mutual promises to marry.
spousal support. See ALIMONY.
spousal-unity doctrine. Rist. 1. Family law. The com
mon-law rule that a husband and wife were a legal
unity. -Under the spousal-unity doctrine, the husband
had all rights to the possession, management, control,
and alienation of property. The wife had no interests
in property. Also termed doctrine ofspousal unity.
Cf. LEGAL-UNITIES DOCTRINE. See MARRIED WOMEN'S
PROPERTY ACTS. 2. Tax. The rule that a person and that
person's spouse are treated as one. -'Ihis rule has been
repealed. -Also termed spousal-unity rule. [Cases:
Internal Revenue Taxation (;=:3484.]

1533
spouse. One's husband or wife by lawful marriage; a
married person. [Cases: Husband and Wife C-=>1.]
innocent spouse. (1924) Tax. A spouse who may be
relieved ofliability for taxes on income that the other
spouse did not include on a joint tax return. -The
innocent spouse must prove that the other spouse
omitted the income, that the innocent spouse did not
know and had no reason to know of the omission,
and that it would be unfair under the circumstances
to hold the innocent spouse liable. [Cases: Internal
Revenue (;::::3566.1; Taxation C:::>3484.]
putative spouse. Family law. A spouse who believes in
good faith that his or her invalid marriage is legally
valid. See putative marriage under MARRIAGE (1).
[Cases: Marriage ~54.]
surviving spouse. A spouse who outlives the other
spouse.
spouse-breach. See ADULTERY.
spray trust. See sprinkle trust under TRUST.
spread, n. 1. Banking. The difference between the interest
rate that a financial institution must pay to attract
deposits and the rate at which money can be loaned.
2. Securities. The difference between the highest price
a buyer will pay for a security (the bid price) and the
lowest price at which a seller will sell a security (the
asked price). 3. Securities. The simultaneous buying
and selling of one or more options or futures contracts
on the same security in order to profit from the price
difference. 4. In investment banking, the difference
between the price the underwriter pays the issuer of
the security and the price the public paid in the initial
offering. The spread compensates the underwriter for
its services; it comprises the manager's fee, the under
writer's discount, and the selling-group concession
or discount. Also termed (in sense 4) gross spread;
underwriting spread.
spread eagle. See STRADDLE.
spreadsheet. A multicolumn worksheet used esp. by
accountants and auditors to summarize and analyze
financial transactions.
spread upon the minutes. Parliamentary law. To incor
porate into the minutes a statement expressing a sen
timent, such as a memorial celebrating a deceased
member's life.
spreta auctoritate judicis (spree-td awk-tor-d-tay-tee
joo-di-sis). [Law Latin] Hist. The authority of the judge
being disregarded.
spreta inhibitione (spree-td in-hi-bish-ee-oh-nee). [Law
Latin] Hist. In contempt of an inhibition.
springing durable power of attorney. See springing
power ofattorney under POWER OF ATTORNEY.
springing executory interest. See EXECUTORY INTER
EST.
springing power of attorney. See POWER OF ATTORNEY.
springing use. See USE (4).
spring tide. See TIDE. squatter
sprinkle power. In a sprinkle trust, the trustee's discre
tion about when and how much of the trust principal
and income are to be distributed to the beneficiaries.
See sprinkle trust under TRUST.
sprinkle trust. See TRUST.
spuilzie (spuul-yee), n. Scots law. 1. The wrongful taking
of corporeal movable property from another's posses
sion. -This is the Scottish equivalent of common
law conversion. 2. An action to recover wrongfully
taken movables, and often for either profits made with
them while in the taker's possession or reparations for
unjust dispossession. -Also spelled spulzie; spulyie.
spuilzied, adj.
spurious (spyoor-ee-<ls), ad;. (l6c) 1. Deceptively suggest
ing an erroneous origin; fake <spurious trademarks>.
2. Ofdoubtful or low quality <spurious goods that fell
apart>. 3. Archaic. Of illegitimate birth <spurious off
spring>.
spurious bank bill.


apart>. 3. Archaic. Of illegitimate birth <spurious off
spring>.
spurious bank bill. See spurious banknote under
BANKNOTE.
spurious banknote. See BANKNOTE.
spurious class action. See CLASS ACTION.
spurius (spyuur-ee-;Js), n. [Latin] Roman law. A bastard;
the offspring of unlawful intercourse. PI. spurii
(spyuur-ee-I). See NOTHUS.
SPY. abbr. Special-purpose vehicle. See SPECIAL-PGR
POSE ENTITY.
spy. One who secretly observes and collects secret infor
mation or intelligence about what another government
or company is doing or plans to do; one who commits
espionage. See ESPIONAGE.
squalor carceris (skway-lor kahr-sdr-is). [Law Latin]
Scots law. The strictness of imprisonment.
"This term means merely the strictness of imprisonment
which a creditor is entitled to enforce, with the view of
compelling the debtor to pay the debt, or disclose any
funds which he may have concealed. It does not imply
(as it did with the ancient churchmen, from whom the
term is derived) anything loathsome or unhealthy in the
imprisonment in Scotland, which is indeed less close than
in England. Squalor careeris is not necessary in imprison'
ment on meditatio fugae warrant, security being all that
is required in such cases." William Bell, Bell's Dictionary
and Digest of the Law of Scotland 1032 (George Watson
ed., 7th ed. 1890).
squalor morbi (skway-Ior mor-bI). [Law Latin] Rist. The
dregs ofdisease.
square, n. (17c) 1. A certain portion ofland within a city
limit. -Also termed block. [Cases: Municipal Corpo
rations (::::>721(1).] 2. A space set apart for public use.
3. In a government survey, an area measuring 24 by
24 miles.
squatter. (l8c) L A person who settles on property
without any legal claim or title. 2. A person who settles
on public land under a government regulation allowing
the person to acquire title upon fulfilling specified con
ditions. [Cases: Public Lands C~35.]

squatter's rights. (1855) The right to acquire title to real
property by adverse possession, or by preemption of
public lands. See ADVERSE POSSESSION.
squeeze-out, n. An action taken in an attempt to elimi
nate or reduce a minority interest in a corporation. Cf.
FREEZE-OUT. (Cases: Corporations (;:)182.3,584.]
Squires claim. See PATENT CLAIM.
Squires doctrine. Patents. A rule of the U.S. Patent
and Trademark Office that a utility-patent claim may
incorporate drawings or tables by reference, but only
when there is no practical way to express the informa
tion in words, and when referring to the artwork is a
concise way to communicate the information. -The
namesake case involved a numerical font designed to
be readable in the dim red light inside a submarine. It
is allowed only when necessary, and is not available just
for the convenience of an applicant. Ex parte Squires,
133 USPQ (BNA) 598 (Bd. App. 1961). [Cases: Patents
(;:"100.]
SRO. abbr. See SELF-REGULATORY ORGANIZATION.
ss. abbr. l. Sections. 2. Subscripsi (Le., signed below). 3.
Sans (i.e., without). 4. (Erroneously) scilicet.
"Many possible etymologies have been suggested for this
mysterious abbreviation. One is that it signifies scilicet (=
namely, to wit), which is usually abbreviated sc. or sci/.
Another is that ss. represents '[tlhe two gold letters at the
ends of the chain of office or "collar" worn by the Lord Chief
Justice of the King's Bench ... .' Max Radin, Law Dictionary
327 (1955). Mellinkoff suggests that the precise etymology
is unknown: 'Lawyers have been using 5S for nine hundred
years and still are not sure what it means.' David Mellinkoff,
The Language ofthe Law 296 (1963). In fact, though, it is a
flourish deriving from the Year Books --an equivalent of
the paragraph mark: '~.' Hence Lord Hardwicke's statement
that 5S. is nothing more than a division mark. See Jodderrell
v. Cowell, 95 Eng. Rep. 222, 222 (K.B. 1737) .... An early
form book writer incorporated it into his forms, and ever
since it has been mindlessly perpetuated by one generation
after another." Bryan A. Garner, A Dictionary of Modern
Legal Usafje 825 (2d ed. 1995).
SSA. abbr. SOCIAL SECURITY ADMINISTRATION.
SSDI. abbr. SOCIAL SECURITY DISABILITY INSURANCE.
SSI. abbr. SUPPLEMENTAL SECURITY INCOME.
SSS. abbr. SELECTIVE SERVICE SYSTEM.
stabilize, vb. 1. To make firm or steadfast <to stabilize
the ship>. 2. To maintain a particular level or amount
<stabilize prices>.
stable stand. Hist. In forest law, a person found standing
in a forest either with a bow bent, ready to shoot a deer,
or close to a tree with greyhounds on a leash and ready
to slip, being presumptive evidence of an intent to steal
the Crown's deer.
stacking. (1982) l. Insurance. The process of obtaining
benefits from a second policy on the same claim when
recovery from the first policy alone would be inade
quate. [Cases: Insurance~2108, 2799.]
judicial stacking. The principle that a court can
construe insurance policies to permit stacking, under
certain circumstances, when the policies do not specifically allow stacking but public policy is best served
by permitting it. [Cases: Insurance ~2799.]
policy stacking. Stacking that is permitted by the
express terms of an insurance policy. [Cases: Insur
ance (;::,,2108.]
2. A gerrymandering technique in which a large politi
calor racial group is combined in the same district
with a larger opposition group. Cf. CRACKING; PACKING.
[Cases: Elections 12(6).]
staff attorney. 1. See ATTORNEY, 2. See CLERK (5).
staff director. See EXECUTIVE DIRECTOR.
staff judge advocate. See JUDGE ADVOCATE.
stagflation (stag-flay-sh.:m), n. A period of slow economic
growth or recession characterized by high inflation,
stagnant consumer demand, and high unemploy
ment. -stagflationary, adj.
staggered board of directors. See BOARD OF DIREC
TORS.
stagiarius (stay-jee-air-ee-as), n. [Latin] Hist. 1. Eccles.
law. A resident canon; an ecclesiastic bound to keep
terms of residence. 2. A stagiary; a law student keeping
terms before admission to the bar.
stake, n. Cbef, 12c) 1. Something (such as property)
deposited by two or more parties with a third party
pending the resolution of a dispute; the subject matter
of an interpleader. [Cases: Interpleader ('::::>21.J 2. An
interest or share in a business venture. 3. Something
(esp. money) bet in a wager, game, or contest. [Cases:
Gaming (;:::::, 1,67,] 4. A boundary marker used in land
surveys. [Cases: Boundaries
stakeholder. (18c) 1. A disinterested third party who
holds money or property, the right to which is disputed
between two or more other parties. See INTERPLEADER.
[Cases: Interpleader (.':::' 13.] 2. A person who has an
interest or concern in a business or enterprise, though
not necessarily as an owner. 3. One who holds the
money or valuables bet by others in a wager. [Cases:
Gaming 72.5.]
stale check. See CHECK.
stale claim. See CLAIM (3).
Stalingrad defense. See DEFENSE (2).
stalking. (bef. 12c) 1. The act or an instance of follow
ing another by stealth. 2. The offense of following or
lOitering near another, often surreptitiously, to annoy
or harass that person or to commit a further crime
such as assault or battery. -Some statutory definitions
include an element that the person being stalked must
reasonably feel harassed, alarmed, or distressed about
personal safety or the safety ofone or more persons for
whom that person is responsible. And some definitions
include acts such as telephoning another and remain
ing silent during the call. Cf. CYBERSTALKING. [Cases:
Extortion and Threats ~25.1.]
stallage (stawl-ij), n. Hist. 1. The right to erect stalls in
public markets. 2. The cost for that right.

1535 	 stand at ease
stamp, n. (15c) An official mark or seal placed on a
document, esp. to indicate that a required tax (such as
duty or excise tax) has been paid. [Cases: Bills and Notes
C~:)56; Internal Revenue (;::::>4390-4409; Taxation
2218,3679.]
stamp acts. English statutes requiring and regulating
stamps on deeds, contracts, legal papers, bills, or other
documents.
stamp duty. Hist. A tax raised by requiring stamps sold
by the government to be affixed to designated docu
ments, thus forming part of the perpetual revenue.
See stamp tax under TAX. [Cases: Internal Revenue
4390-4409; Taxation (;::2218.]
"A fifth branch of the perpetual revenue consists in the
stamp duties, which are a tax imposed upon all parch
ment and paper whereon any legal proceedings, or private
instruments of almost any nature whatsoever, are written:
and also upon licenses ... and pamphlets containing less
than six sheets of paper. These imposts are very various,
according to the nature of the thing stamped, rising gradu
ally from a penny to ten pounds: 1 William Blackstone,
Commentaries on the Laws of England 312-13 (1765).
stamp tax. See TAX.
stand. See WITNESS STAND.
stand adjourned. (Of a meeting or proceeding) to be in a
state of adjournment <this court stands adjourned until
10:00 a.m. tomorrow> . This status is usu. announced
by a judge or other presiding officer concerning the
business scheduled to continue at a later time. -Often
shortened to adjourned. [Cases: Courts (::::;'66.]
standard, n. (I5c) 1. A model accepted as correct by
custom, consent, or authority <what is the standard
in the antfarm industry?>. 2. A criterion for measur
ing acceptability, quality, or accuracy <the attorney
was making a nice living even by New York stan
dards>. standard, adj.
objective standard. (1915) A legal standard that is based
on conduct and perceptions external to a particular
person . In tort law, for example, the reasonable
person standard is considered an objective standard
because it does not require a determination of what
the defendant was thinking.
subjective standard. (1915) A legal standard that is
peculiar to a particular person and based on the
person's individual views and experiences . In
criminal law, for example, a subjective standard
applies to determine premeditation because it depends
on the defendant's mental state.
Standard & Poor's. An investment-analysis and
-advisory service . Standard & Poor's rates the finan
cial strength of businesses from AAA (strongest) to AA,
A, BBB, and so on to CCC. Most grades may also be
modified with a plus- or minus-sign according to the
business's relative strength among similar companies.
A rating ofR means that the company is the subject of
some regulatory action.
standard characteristics. See STANDARD DESCRIPTIVE
CHARACTERISTICS.
standard deduction. See DEDUCTION. standard descriptive characteristics. Parliamentary law.
The basic rules that apply to and define a motion . The
characteristics include when the motion is in order;
its rank that is, what it takes precedence over, and
what yields to it; whether making it may interrupt a
speaker; whether it needs a second; whether it is debat
able; whether it is amendable; what vote its adoption
takes; and whether it can be reconsidered. Also
termed standard characteristics.
standard-form contract. See CONTRACT.
standard instruction. See fURY INSTRUCTION.
standardized contract. See standard-form contract
under CONTRACT.
standard mortgage clause. See MORTGAGE CLAUSE.
standard ofcare. (1890) Torts. In the law of negligence,
the degree of care that a reasonable person should
exercise. See CARE (2). [Cases: Negligence (;~:'230-
233.]
standard ofneed. In public-assistance law, the total sub
sistence resources required by an individual or family
unit as determined by a state and, when unsatisfied by
available resources, entitles the individual or family
unit to public assistance. [Cases: Social Security and
Public Welfare (::::;4.10,194.7.]
standard of proof. (1922) The degree or level of proof
demanded in a specific case, such as "beyond a reason
able doubt" or "by a preponderance of the evidence."
See BURDEN OF PERSUASION. [Cases: Criminal Law (;::;:.
560; Evidence (::::;596.]
standard of review. 1be criterion by which an appel
late court exercising appellate jurisdiction measures
the constitutionality of a statute or the propriety ofan
order, finding, or judgment entered by a lower court.
[Cases: Appeal and Error (~J836-


order, finding, or judgment entered by a lower court.
[Cases: Appeal and Error (~J836-1099; Criminal Law
(::::;'1134.1-1180; Federal Courts <>751-917.]
standard policy. See INSURANCE POLICY.
standard-setting organization. A body that sets,
describes, or documents uniform operating, techno
logical, or other norms for participants in a particular
field or industry. -Also termed standards body.
! Standards for Imposing Lawyer Sanctions. The ABA's
1986 supplement to the Standards for Lawyer Disci
I 	pline, prescribing a range of sanctions and guidelines
for applying them. Sanctions range from repri
mands to disbarment. [Cases: Attorney and Client
(;:::::>59.5(2).J
Standards for Lawyer Discipline. A set of model rules,
created by the ABA in 1979, establishing procedures for
disciplining lawyers who violate ethics rules or commit
crimes . The rules stress that the process is an inquiry
to determine an attorney's fitness to practice, not to
determine a punishment.
stand at ease. Parliamentary law. To take an informal
pause during a meeting wit hout taking a recess, at the
instance of the chair.

standby charge 1536
standby charge. A property levy, often based on acreage,
imposed on the mere availability of a service, whether
or not the service is actually used.
standby commitment. An arrangement between an
underwriter and an issuer of securities whereby the
underwriter agrees, for a fee, to buy any unsold shares
remaining after the public offering. -Also termed
standby underwriting agreement.
standby counsel. See COUNSEL.
standby guardian. See GUARDIAN.
standby guardianship. See GUARDIA:SSHIP.
standby letter ofcredit. See LETTER OF CREDIT.
standby trust. See TRUST.
standby underwriting. See UNDERWRITI!'IG.
standby underwriting agreement. See STANDBY COM
MITMENT.
standing, n. (1924) A party's right to make a legal claim
or seek judicial enforcement of a duty or right . To
have standing in federal court, a plaintiff must show
(1) that the challenged conduct has caused the plain
tiff actual injury, and (2) that the interest sought to be
protected is within the zone of interests meant to be
regulated by the statutory or constitutional guarantee
in question. Also termed standing to sue. Cf. JUSTI
CIABILITY. [Cases; Action Federal Civil Proce
dure 103.1.]
"Have the appellants alleged such a personal stake in the
outcome of the controversy as to assure that concrete
adverseness wh ich sharpens the presentation of issues
upon which the court so largely depends for illumination
of difficult constitutional questions? This is the gist of the
question of standing." Baker v. Carr, 369 U.S. 186,204, 82
S.Ct. 691, 703 (1962) (Brennan, j.).
'The word standing is rather recent in the basic judicial
vocabulary and does not appear to have been commonly
used until the middle of our own century. No authority that
I have found introduces the term with proper explanations
and apologies and announces that henceforth standing
should be used to describe who may be heard by ajudge.
Nor was there any sudden adoption by tacit consent. The
word appears here and there. spreading very gradually
with no discernible pattern. Judges and lawyers found
themselves using the term and did not ask why they did
so or where it came from." joseph Vining, Legal Identity
55 (1978).
third-party standing. (1968) Standing held by
someone claiming to protect the rights of others .
For example, in most jurisdictions, only a parent has
standing to bring a suit for custody or visitation; in
some, however, a third party for instance, a grand
parent or a person with whom the child has substan
tial contacts -may have standing to bring an action
for custody or visitation. See GRANDPARENT RIGHTS.
[Cases; Action Child Custody C=:>409; Federal
Civil Procedure (;:~103.4.]
standing aside a juror. The prosecution practice of
provisionally placing a juror aside until the panel is
exhausted, without providing a reason, instead ofchal
lenging the juror or showing cause . The practice orig
inally developed as a method ofavoiding the Challenge oOurors Act (1305), which prohibited the Crown from
challenging a juror without showing cause. A similar
practice was formerly used in Pennsylvania. [Cases;
Jury C=:> 122.]
standing by. (14c) 1. The awaiting of an opportunity to
respond, as with assistance. 2. Silence or inaction when
there is a duty to speak or act; esp., the tacit possession
of knowledge under circumstances requiring the pos
sessor to reveal the knowledge. See estoppel by silence
under ESTOPPEL.
standing committee. See COMMITTEE.
Standing Committee on Rules of Practice and Proce
dure. A group of judges, lawyers, and legal scholars
appointed by the Chief Justice of the United States to
advise the Judicial Conference of the United States on
possible amendments to the procedural rules in the
various federal courts and on other issues relating to
the operation of the federal courts. 28 USCA  331.
"[Under 28 USCA  331], the Judicial Conference of the
United States has created a Standing Committee on Rules
of Practice and Procedure and has authorized the appoint
ment from time to time of various advisory committees.
These committees make recommendations regarding
amendments of the rules to thejudicial Conference, which
in turn transmits those recommendations it approves to the
Supreme Court. Under this new plan, as under the machin
ery in effect from 1934 to 1956, the Court retains the
ultimate responsibility for the adoption of amendments to
the rules." 4 Charles Alan Wright & Arthur R. Miller, Fedeml
Practice and Procedure  1007, at 35 (2d ed. 1987).
standing crops. See CROPS.
standing division. See standing vote under VOTE (4).
standing master. See MASTER.
standing mortgage. See interest-only mortgage under
MORTGAGE.
standing mute. See MUTE {2}.
standing offer. See OFFER.
standing order. See ORDER (2).
standing rule. See RULE (3).
standing seised to uses. The holding of title for the
benefit or use of another, such as a relative in consid
eration of blood or marriage . A covenant to stand
seised to uses is a type of conveyance that depends on
the Statute of Uses for its effect. -Often shortened to
seised to uses. See STATUTE OF USES.
standing to sue. See STANDING.
standing vote. See VOTE (4),
stand mute. (16c) 1. (Of a defendant) to refuse to enter
a plea to a criminal charge . Standing mute is treated
as a plea of not guilty. [Cases; Criminal Law C=:>300.]
2. (Of any party) to raise no objections.
standstill agreement. (1934) Any agreement to refrain
from taking further action; esp., an agreement by which
a party agrees to refrain from further attempts to take
over a corporation (as by making no tender offer) for
a specified period, or by which financial institutions
agree not to call bonds or loans when due.

1537
stand trial. (l7c) To submit to a legal proceeding, esp. a
criminal prosecution.
stante matrimonio (stan-tee ma-tr,,-moh-nee-oh).
[Latin] Hist. The marriage remaining undissolved.
staple (stay-p~l). 1. A key commodity such as wool,
leather, tin, lead, butter, or cheese (collectively termed
the staple). 2. Hist. A town appointed by the Crown as
an exclusive market for staple products. See STATUTE
STAPLE. 3. Patents. An unpatented thing or material
that is a component ofa patented product or is used in
a patented process, but also has other practical uses .
Patentees may not gain control ofthe market for staples
through tying agreements. Cf. NONSTAPLE.
Star Chamber. 1. Hist. An English court having broad
civil and criminal jurisdiction at the king's discretion
and noted for its secretive, arbitrary, and oppressive
procedures, including compulsory self-incrimination,
inquisitorial investigation, and the absence ofjuries.
The Star Chamber was abolished in 1641 because ofits
abuses ofpower. Also termed Court ofStar Chamber;
Camera Stellata. 2. (usu. l.e.) Any secretive, arbitrary,
or oppressive tribunal or proceeding.
stare decisis (stahr-ee di-SI-sis or stair-ee), n. [Latin "to
stand by things decided"J (I8c) The doctrine of prec
edent, under which a court must follow earlier judicial
decisions when the same points arise again in litiga
tion. See PRECEDENT; NON QUIETA MOVERE. Cf. RES
JUDICATA; LAW OF THE CASE; (in civil law) jurispru
dence consiante under JURISPRUDENCE. [Cases: Courts
':;::::>89.J
"The rule of adherence to judicial precedents finds its
expression in the doctrine of stare deCisis. This doctrine
is simply that, when a point or prinCiple of law has been
once officially decided or settled by the ruling of a com
petent court in a case in which it is directly and neces
sarily involved, it will no longer be conSidered as open to
examination or to a new ruling by the same tribunal, or by
those which are bound to follow its adjudications, unless
it be for urgent reasons and in exceptional cases." William
M. Lile et aI., Brief Making and the Use of Law Books 321
(3ded.1914).
"The general orthodox interpretation of stare decisis . .. is
stare rationibus decidendis ('keep to the rationes decidendi
of past cases 'J, but a narrower and more literal interpreta
tion is sometimes employed. To appreciate this narrower
interpretation it is necessary to refer ... to Lord Halsbury's
assertion that a case is only authority for what it actually
deCides. We saw that situations can arise in which all that
is binding is the deciSion. According to Lord Reid, such
a situation arises when the ratio decidendi of a previous
case is obscure, out of accord with authority or established
prinCiple, or too broadly expressed." Rupert Cross & J.W.
Harris, Precedent in English Law 100-01 (4th ed. 1991).
horizontal stare decisis. The doctrine that a court, esp.
an appellate court, must adhere to its own prior deci
sions, unless it finds compelling reasons to overrule
itself. [Cases: Courts (>90(1).]
super stare decisis. The theory that courts must follow
earlier court decisions without considering whether
those decisions were correct. -Critics argue that
strict adherence to old decisions can result in grave
injustices and cite as an example the repudiation of state
Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896)
by Brown v. Board ofEdueation, 347 U.S. 483, 74 S.Ct.
686 (1954).
vertical stare decisis. The doctrine that a court must
strictly follow the decisions handed down by higher
courts within the same jurisdiction. [Cases: Courts
(>91(0.5).]
stare decisis et non quieta movere (stair-ee di-Sl-sis et
non kWI-ee-t" moh-veer-ee). [LatinI To stand by things
decided, and not to disturb settled points. See STARE
DECISIS.
stare enim religioni debet (stair-ee ee-nim ri-lij-ee-oh
nee dee-bet or deb-et). [Latin] Hist. For one ought to
abide by one's solemn obligation.
stare in judicio (stair-ee in joo-dish-ee-oh). [Latin] Hist.
To appear before a tribunal as either a plaintiff or a
defendant.
star paging, n. (1873) 1. A method ofreferring to a page
in an earlier edition ofa book, esp. a legal source . This
method correlates the pagination of the later edition
with that of the earlier (usu. the first) edition. 2. By
extension, the method of displaying on a computer
screen the page breaks that occur in printed documents
such as law reports and law reviews. Also termed star
pagination. -star page, n.
starr (stahr), n. [fr. Latin starrum fr. Hebrew sh'tar "a
writing"] Hist. A Jewish contract (esp. for release ofan
obligation) that Richard I declared to be invalid unless
it was placed in a lawful repository, the largest being in
the king's Exchequer at Westminster. Also termed
starra.
"It is well known that, before the banishment of the Jews
under Edward I, their contracts and obligations were
denominated in our ancient records starra or starrs, from
a corruption of the Hebrew word, sheeay, a covenant ....
These starrs, by an ordinance of Richard the first ... were
commanded to be enrolled and deposited in chests under
three keys in certain places; one, and the most consider
able, of which was in the king's exchequer at Westmin
ster .... [T]he room at the exchequer, where the chests
containing these starrs were kept, was probably called the
starr-chamber, and, when the Jews were expelled from the
kingdom, was applied to the use ofthe king's council, when
sitting in their judicial capacity." 4 William Blackstone, Com
mentaries on the Laws of England 263 n.a (I 769).
stash, vb. To hide or conceal (money or property).
stat. abbr. STATUTE.
state, n. (


, vb. To hide or conceal (money or property).
stat. abbr. STATUTE.
state, n. (16c) 1. The political system ofa body of people
who are politically organized; the system of rules by
which jurisdiction and authority are exercised over such
a body of people <separation of church and state>.
Also termed political society. Cf. NATION. [Cases: Inter
national Law ~3.]
"A STATE is a community of persons living Within certain
limits of territory, under a permanent organization which
aims to secure the prevalence of justice by self-imposed
law. The organ of the state by which its relations with
other states are managed is the government." Theodore
D. Woolsey, Introduction to the Study of International Law
 36, at 34 (5th ed. 1878).

state action 1538
"A state or political society is an association of human
beings established for the attainment of certain ends by
certain means. It is the most important of all the various
kinds of society in which men unite, being indeed the nec
essary basis and condition of peace, order, and civilisation.
What then is the difference between this and other forms of
association? In what does the state differ from such other
societies as a church, a university, ajointstock company,
or a trade union? The difference is clearly one of function.
The state must be defined by reference to such of its activi
ties and purposes as are essential and characteristic." John
Salmond, Jurisprudence 129 (Glanville L. Williams ed., 10th
ed.1947).
'A state is an institution, that is to say, it is a system of rela
tions which men establish among themselves as a means
of securing certain objects, of which the most fundamental
is a system of order within which their activities can be
carried on. Modern states are territorial; their govern
ments exercise control over persons and things within
their frontiers, and today the whole of the habitable world
is divided between about seventy of these territorial states.
A state should not be confused with the whole commu
nity of persons living on its territory; it is only one among
a multitude of other institutions, such as churches and
corporations, which a community establishes for securing
different objects, though obviously it is one of tremendous
importance; none the less it is not, except in the ideology
of totalitarianism, an allembracing institution, not some
thing from which, or within which, all other institutions
and associations have their being; many institutions, e.g,
the Roman Catholic Church, and many associations, e.g.
federations of employers and of workers, transcend the
boundaries of any single state." J.L. Brierly, The Law of
Nations 118 (5th ed. 1955).
client state. A country that is obliged in some degree
to cede some ofthe control ofits external relations to
some foreign power or powers. -Also termed satel
lite state. Cf. SOVEREIGN STATE.
composite state. A state that comprises an aggregate or
group ofconstituent states.
dependent state. See rlOnsovereign state.
federal state. A composite state in which the sover
eignty ofthe entire state is divided between the central
or federal government and the local governments of
the several constituent states; a union of states in
which the control of the external relations ofall the
member states has been surrendered to a central gov
ernment so that the only state that exists for interna
tional purposes is the one formed by the union. Cf.
confederation ofstates under CONFEDERATION.
imperial state. Archaic. A composite state in which a
common or central government possesses in itself
the entire sovereignty, so that the constituent states
possess no portion ofthis sovereignty.
nonsovereign state. A state that is a constituent part of
a greater state that includes both it and one or more
others, and to whose government it is subject; a state
that is not complete and self-existent.  Among other
things, a nonsovereign state has no power to engage
in foreign relations. -Also termed dependent state.
Cf. SOVEREIGN STATE.
part-sovereign state. See SOVEREIGN STATE.
police state. A state in which the political, economic,
and social life ofits citizens is subject to repressive governmental control and arbitrary uses ofpower by
the ruling elite, which uses the police as the instru
ment ofcontrol; a totalitarian state.
receiving state. The country to which a diplomatic
agent or consul is sent by the country represented by
that agent. Cf. sending state. [Cases: Ambassadors and
Consuls
satellite state. See client state.
sending state. The country from which a diplomatic
agent or consul is sent abroad. Cf. receiving state.
[Cases: Ambassadors and Consuls <8=>3.]
simple state. See unitary state.
social-service state. A state that uses its power to create
laws and regulations to provide for the welfare ofits
citizens.
sovereign state. See SOVEREIGN STATE.
unitary state. A state that is not made up ofterritorial
divisions that are states themselves. -Also termed
(archaically) simple state.
2. An institution of self-government within a larger
political entity; esp., one of the constituent parts ofa
nation haVing a federal government <the 50 states>.
[Cases: States 1.] 3. (often cap.) The people of a
state, collectively considered as the party wronged by
a criminal deed; esp., the prosecution as the representa
tive ofthe people <the State rests its case>.
state action. (1893) Anything done by a government;
esp., in constitutional law, an intrusion on a person's
rights (esp. civil rights) either by a governmental entity
or by a private requirement that can be enforced only
by governmental action (such as a racially restrictive
covenant, which requires judicial action for enforce
ment). [Cases: Civil Rights 1325; Constitutional
Law <8=> 1061.]
state-action doctrine. Antitrust. The principle that the
antitrust laws do not prohibit a state's anticompetitive
acts, or official acts directed bya state. Parker v. Brown,
317 U.S. 341, 63 S.Ct. 307 (1943). -Also termed Parker
doctrine. See MIDCAL TEST. [Cases: Antitrust and Trade
Regulation <8=>901.]
state agency. See AGENCY (3).
state-all-facts interrogatory. See identification inter
rogatory under INTERROGATORY.
state appeal. See APPEAL.
state auditor. See AUDITOR.
state bank. See BANK.
state bar association. See BAR ASSOCIATIO:-l.
state body. See state agency under AGENCY (3).
state bond. See BOND (3).
state-compulsion test. (1978) Civil-rights law. The rule
that a state is responsible for discrimination that a
private party commits while acting under the require
ments of state law, as when a restaurant owner is
required by state law to refuse service to minorities.
Adiekes v. S.H. Kress & Co., 398 U.S. 144,90 S.Ct, 1598

1539
(1970). See SYMBIOTIC-RELATIONSHIP TEST; NEXUS
TEST. [Cases: Civil Rights y 1326(4,7).]
state court. See COURT.
state criminal. See CRIMINAL.
stated, adj. 1. Fixed; determined; settled <at the stated
time> <settlement for a stated amount>. 2. Expressed;
declared <stated facts>.
stated account. See account stated under ACCOUNT.
stated capital. See CAPITAL.
State Department. See DEPARTMENT OF STATE.
stated-income loan. See LOAN.
stated interest rate. See nominal rate under INTEREST
RATE.
stated meeting. See regular meeting under MEETING.
stated rate. See nominal rate under INTEREST RATE.
stated term. See general term under TERM (5).
stated value. See PAR VALUE.
state government. See GOVERNMENT.
state jurisdiction. See JURISDICTION.
State Justice Institute. A nonprofit federal corporation
charged with improving judicial administration in state
courts. _ It was created by the State Justice Institute Act
of 1984.42 USCA  10701-10713. -Abbr. SJI.
state law. (18c) A body oflaw in a particular state con
sisting of the state's constitution, statutes, regulations,
and common law. Cf. FEDERAL LAW.
stateless person. Int'llaw. A natural person who is not
considered a national by any country. -The Convention
Relating to Status of Stateless Persons (1954) provides
these people with certain protections and obliges them
to abide by the laws of the country where they reside.
statement. (18c) 1. Evidence. A verbal assertion or
nonverbal conduct intended as an assertion. [Cases:
Evidence 2. A formal and exact presenta
tion of facts. Also termed (for plaintiff) statement
ofcause ofaction. 3. Criminal procedure. An account
ofa person's knowledge ofa crime, taken by the police
during their investigation of the offense. Cf. CONFES
SION.
consonant statement. (1889) A witness's previous dec
1aration, testified to by a person to whom the declara
tion was made and allowed into evidence only after
the witness's testimony has been impeached. -This
type of evidence would, but for the impeachment of
the witness, be inadmissible hearsay. Cf. prior consis
tent statement. [Cases: Witnesses C::)414(2).]
false statement. (I8c) 1. An untrue statement know
ingly made with the intent to mislead. See PERJURY.
2. Anv one of three distinct federal offenses: (1) falsi
fying 'or concealing a material fact by trick, scheme,
or device; (2) making a false, fictitious, or fraudu
lent representation; and (3) making or using a false
document or writing. 18 USCA  1001. [Cases: Fraud
Y68.l0(1).j statement of defense
financial statement. See FINANCIAL STATEMENT.
incriminating statement. (1896) A statement that tends
to establish the guilt of someone, esp. the person
making it.
prior consistent statement. (1883) A witness's earlier
statement that is consistent with the witness's testi
mony at trial. - A prior consistent statement is not
hearsay if it is offered to rebut a charge that the testi
mony was improperly influenced or fabricated. Fed.
R. Evid. 801(d)(1)(B). Cf. consonant statement.
prior inconsistent statement. (1885) A witness's earlier
statement that conflicts with the witness's testimony
at trial. -In federal practice, extrinsic evidence of
an unsworn prior inconsistent statement is admis
sible -if the witness is given an opportunity to
explain or deny the statement -for impeachment
purposes only. Fed. R. Evid. 613(b). Sworn statements
may be admitted for all purposes. Fed. R. Evid. 80l(d)
(1)(A).
sworn statement. (1831) ]. A statement given under
oath; an affidavit. Cf. AFFIDAVIT; DECLARATION (8).
[Cases: Affidavits C'c:~) 1.] 2. A contractor-builder's
listing of suppliers and subcontractors, and their
respective bids, required by a lending institution for
interim financing.
voluntary statement. (l817) A statement made without
the influence of duress, coercion, or inducement.
Statement and Account Clause. (1975) 'The clause ofthe
U.S. Constitution requiring the regular publication of
the receipts and expenditures of the federal govern
ment. US. Const. art. I,  9, cl. 7. [Cases: United States
Y44.]
statement of account. 1. A report issued periodically
(usu. monthly) by a bank to a customer, providing
certain information on the customer's account, includ
ing the checks drawn and cleared, deposits made,
charges debited, and the account balance. -Also
termed bank statement. See ACCOUNT (4). [Cases: Banks
and Banking 2. A report issued periodically
(usu. monthly) by a creditor to a customer, providing
certain information on the customer's account, includ
ing the amounts billed, credits given, and the balance
due. -Also termed account statement.
statement of affairs. 1. STATEMENT OF FINANCIAL
AFFAIRS. 2. A balance sheet showing immediate liquida
tion values (rather than historical costs), usu. prepared
when insolvency or bankruptcy is imminent.
statement ofcause ofaction. See STATEMENT (2).
statement of claim. 1. COMPLAINT (1). 2. English law.
A plaintiff's initial pleading in a civil case; DECLARA
TION (7).
statement ofcondition. See BALANCE SHEET.
statement of confession. See CONFESSION OF
JUDGMENT.
statement ofdefense.lbe assertions by a defendant; esp.,
in England, the defendant's answer to the plaintiff's
statement ofclaim.

1540 statement of fact
statement of fact. A form of conduct that asserts or
implies the existence or nonexistence of a fact . The
term includes not just a particular statement that a
particular fact exists or has existed, but also an asser
tion that, although perhaps expressed as an opinion,
implies the existence ofsome fact or facts that have led
the assertor to hold the opinion in question. See affir
mative testimony under TESTIMONY. [Cases: Criminal
Law C:::='448; Evidence C:::='471, 505.]
statement offacts. (18c) A party's written presentation of
the facts leading up to or surrounding a legal dispute,
usu. recited toward the beginning ofa brief. Cf. STATE
MENT OF THE CASE.
"The statement of facts is another of those critical parts
of the brief .... Two principles are at war in drafting the
statement of facts. First, judges want and some circuit
rules require a nonargumentative, 'fair summary without
argument or comment.' Conversely, you want a statement
of facts that persuades the


a nonargumentative, 'fair summary without
argument or comment.' Conversely, you want a statement
of facts that persuades the judges to rule for you as soon
as they finish reading it. Satisfying both ends requires
some balancing." David G. Knibb, Federal Court ofAppeals
Manual 31.7, at 549 (4th ed. 2000).
agreed statement offacts. A narrative statement of
facts that is stipulated to be correct by the parties
and is submitted to a tribunal for a ruling . When
the narrative statement is filed on appeal instead of a
report of the trial proceedings, it is called an agreed
statement on appeal. [Cases: Appeal and Error C:::='
845(2); Stipulations C:::=' 14(10), 18(7).]
statement offinancial affairs. Bankruptcy. A document
that an individual or corporate debtor must file to
answer questions about the debtor's past and present
financial status. -Also termed statement ofaffairs.
[Cases: BankruptcyC=)2321.]
statement offinancial condition. See BALANCE SHEET.
statement offinancial position. See BALANCE SHEET.
statement of income. See INCOME STATEMENT.
statement ofintention. Bankruptcy. A preliminary state
. ment filed by an individual debtor in a chapter 7 case, in
which the debtor details, among other things, whether
property of the bankruptcy estate securing any debt will
be retained or surrendered and whether the property is
claimed as exempt . The statement must be filed on or
before the date ofthe first creditors' meeting or within
30 days after the bankruptcy petition is filed, whichever
is earlier. 11 USCA  521 (a)(2). [Cases: BankruptcyC='
2851,3022,3034,3415.1.]
statement of particulars. See BILL OF PARTICULARS.
statement ofprinciple. In legislative drafting, a sentence
or paragraph that explains the legislature's purpose in
passing a statute . Although a statement of principle
often resembles a preamble (usu. both do not appear
in a Single statute), it differs in that it typically appears
in a numbered section of the statute. [Cases: Statutes
statement ofprior-art references. See INFORMATION
DISCLOSURE STATEMENT.
statement ofthe case. In an appellate brief, a short review
of what has happened procedurally in the lawsuit and how it reached the present court. elhe statement intro
duces the reviewing court to the case by reciting the
facts, procedures, decisions of the court or courts below
as they are relevant to the appeal, and the reasons for
those decisions. Also termed proceedings below. Cf.
STATEMENT OF FACTS. [Cases: Appeal and Error
757; Federal Courts C:::='713.]
statement of use. See amendment to allege use under
TRADEMARK-APPLICATION AMENDMENT.
statement of utility. Patents. The portion of a patent
application disclosure statement that explains how the
invention is useful. [Cases: Patents C-:::>99.]
statement of work. A contractual provision or exhibit
that defines what one party (e.g., the seller) is going
to do for the other (e.g., the buyer). The statement
ofwork often covers such terms as (1) inspection and
acceptance, (2) quality-assurance requirements, (3)
packing and marking, (4) data requirements, and (5)
training. There are generally two types of specifica
tions in a statement ofwork: a performance specifica
tion establishing the minimum requirements for items
to be supplied, and a design specification establishing
the methods to be used in meeting those minimum
requirements. Also termed statement-oj-work
clause. Abbr. SOW.
state of art. See STATE OF THE ART.
state officer. See OFFICER (1).
state of mind. (17c) 1. The condition or capacity of a
person's mind; MENS REA. 2. Loosely, a person's reasons
or motives for committing an act, esp. a criminal act.
state-of-mind exception. (1949) Evidence. The principle
that an out-of-court declaration of an existing motive
is admissible, even when the declarant cannot testify in
person. This principle is an exception to the general
rule that hearsay is inadmissible. [Cases: Criminal Law
C:::='419(2.20); Evidence C=:268.J
state of nature. (16c) The lack ofa politically organized
SOciety. _ The term is a hypothetical construct for the
period in human history predating any type ofpoliti
cal society.
"[Wle may make use ofthe contrast, familiar to the philoso
phy of the seventeenth and eighteenth centuries, between
the civil state and the state of nature. This state of nature is
now commonly rejected as one of the fictions which flour
ished in the era of the social contract, but such treatment
is needlessly severe. The term certainly became associ
ated with much false or exaggerated doctrine touching
the golden age, on the one hand, and the bellum omnium
contra omnes of Hobbes, on the other, but in itself it nev
ertheless affords a convenient mode for the expression of
an undoubted truth. As long as there have been men, there
has probably been some form of human society. The state
of nature, therefore, is not the absence of SOCiety, but the
absence of a society so organised on the basis of physical
force as to constitute a state. Though human society is
coeval with mankind, the rise of political society, properly
so called, is an event in human history." John Salmond,
Jurisprudence 103-04 (Glanville L. Williams ed., 10th ed.
1947).
state ofthe art. (1910) Products liability. The level of
pertinent scientific and technical knowledge existing

1541
at the time of a product's manufacture, and the best
technology reasonably available at the time the product
was sold. Also termed state ofart. [Cases: Products
Liability C=~178, 378.J state-of-the-art, adj.
"While the statutes in effect in some jurisdictions speak in
terms of a state of the art defense, statutes in other juris
dictions provide that state of the art evidence is admissible
or may be considered by the trier of fact by statute, and
that in determining whether a product was in a defective
condition or unreasonably dangerous at the time It left the
control ofthe manufacturer or seller, consideration is given
to the state of scientific and technical knowledge avail
able to the manufacturer or seller at the time the product
was placed on the market, and to the customary designs,
methods, standards, and techniques of manufacturing,
inspecting, and testing used by other manufacturers or
sellers of similar products." 63AAm,Jur, 2d Products Liabil
ity  1319, at 472 (2008),
state ofthe case. The posture oflitigation as it develops,
as in discovery, at trial, or on appeal.
State of the Union. See Presidential message under
MESSAGE.
state ofwar. A situation in which war has been declared
or armed conflict is in progress. See WAR. [Cases: War
and National EmergencyC=7.]
state paper. l. A document prepared by or relating to a
state or national government and affecting the admin
istration ofthat government in its political or interna
tional relations. 2. A newspaper officially designated for
the publication of public statutes, resolutions, notices,
and advertisements. [Cases: Newspapers C=1-7.J
state paper office. Hist. An office established in London
in 1578, headed by the Clerk ofthe Papers, to maintain
custody of state documents.
state police. (1843) The department or agency of a state
government empowered to maintain order, as by inves
tigating and preventing crimes, and making arrests.
state police power. (1849) The power ofa state to enforce
laws for the health, welfare, morals, and safety ofits
citizens, if enacted so that the means are reasonablv
calculated to protect those legitimate state interests ..
state religion. See RELIGION.
state's attorney. l. See DISTRICT ATTORNEY. 2. See PROS
ECUTOR (1).
state seal. See great seal (2) under SEAL.
state secret. (1822) A governmental matter that would be
a threat to the national defense or diplomatic interests
ofthe United States ifrevealed; information possessed
by the government and of a military or diplomatic
nature, the disclosure of which would be contrary to
the public interest. -State secrets are privileged from
disclosure by a witness in an ordinary judicial proceed
ing. Also termed governmental secret; government
secret. See executive privilege & state-secrets privilege
under PRIVILEGE (3). [Cases: Privileged Communica
tions and Confidentiality C~.'360.1
state-secrets privilege. See PRIVILEGE (3).
state's evidence. See EVIDENCE.
state's evidence, turn. See TUR:--I STATE'S EVIDENCE. Stationery Office
state sovereignty. (I8c) The right of a state to self-gov
ernment; the supreme authority exercised by each state.
[Cases: States C= 1.]
state-sponsored terrorism. See TERRORISM.
states' rights. (1839) Under the Tenth Amendment,
rights neither conferred on the federal government nor
forbidden to the states. [Cases: States (;:::-)4.16.]
, State Street Bank. Patents. A landmark 1998 decision in
i the Federal Circuit that made it easier to get patents on
! computer software, and also rejected the long-accepted
notion that business methods are per se unpatentable.
 The court struck down per se rules against patent
ing mathematical algOrithms (the soul of software),
fOCUSing instead on whether the ultimate result was
useful, concrete, and tangible in practice. State Street
Bank & Trust C. v. Signature Fin. Group, Inc., 149 F.3d , 1368 (Fed. Cir. 1998). [Cases: Patents C-~6.]
i state's ward. See ward ofthe state under WARD.
state tax. See TAX.
state terrorism. See TERRORISM,
state the question. Parliamentary procedure. (Of the
i chair) to formally state a motion as in order and ready
for consideration. Cf. PUT THE QUESTION.
state trial. See TRIAL.
stateway, n. A governmental policy or law. - This term
is formed on the analogy offolkway.
statim (stay-tim). [Latin] Hist. Immediately; at the
earliest possible time when an act might lawfully be
completed.
station. 1. Social position or status. See STATUS. 2. A place
where military duties are performed or military goods
are stored. 3. A headquarters, as of a police depart
ment. 4. A place where both freight and passengers
are received for transport or delivered after transport.
[Cases: Railroads C=225.] 5. Civil law. A place where
ships may safely travel. [Cases: Shipping C=11.]
Stationers' Company. Hist. An association ofstationers
and their successors, formed in London in 1403 and
granted a royal charter in 1557, entrusted, by order of
the Privy Council, with censorship ofthe press. - This
company was the holder ofthe first rights we associate
today with copyright.
Stationers' Hall. Hist. The hall of the Stationers'
Company, established in London in 1553, at which
every person claiming a copyright was reqUired to
register as a condition precedent to filing an infringe
ment action.
"Accordingly 'Entered at Stationers' Hall' on the title page
of books was a form of warning to pirates that the owner
of the copyright could and might sue. This requirement
disappeared with the Copyright Act, 1911." David M. Walker,
The Oxford Companion to Law 1182 (1980).
Stationery Office. Hist. English law. A government office
established in 1786 as a department of the treasury, to
supply government offices (including Parliament) with
stationery and books, and to print and publish govern

1542 stationhouse
ment papers. -Also termed Her Majesty's Stationery
Office.
stationhouse. 1. A police station or precinct. 2. The
lockup at a police precinct.
stationhouse bail. See cash bail under BAIL (1).
station-in-life test. Family law. An analysis performed
by a court to determine the amount of money reason
ably needed to maintain a particular person's accus
tomed lifestyle . The elements were first set forth in
Canfield vs. Security-First Nat'l Bank, 87 P.2d 830, 840
(Cal. 1939). The court takes into account the person's
station in society and the costs ofthe person's support
in that station, including housing and related expenses,
medical care, further education, and other reason
ably necessary expenses, but not including luxuries
or extravagant expenditures. See NECESSARIES (1), (2).
[Cases: Divorce C='240(2); Husband and Wife C='
19.]
statist (stay-tist). 1. Archaic. A statesman; a politician.
2. A statistician.
statistical-decision theory. (1966) A method for deter
mining whether a panel ofpotential jurors was selected
from a fair cross section ofthe community, by calculat
ing the probabilities of selecting a certain number of
jUroL from a particular group to analyze whether it is
statistically probable that the jury pool was selected by
mere chance . This method has been criticized because
a pool of potential jurors is not ordinarily selected by
mere chance; potential jurors are disqualified for many
legitimate reasons. See FAIR-CROSS-SECTION REQUIRE
MENT; ABSOLUTE DISPARITY; COMPARATIVE DISPARITY;
DUREN TEST. [Cases: Jury C='33(1.1, 1.2).]
statuliber (stach-;)-h-b;)r), n. [Latin] Roman law. A
person whose freedom under a will is made conditional
or postponed; a person who will be free at a particu
lar time or when certain conditions are met. -Also
written statu liber