;::::>2963.]
conditional sale. 1. A sale in which the buyer gains
immediate possession but the seller retains title until
the buyer performs a condition, esp. payment of the
full purchase price. See retail installment contract
under CONTRACT. [Cases; Sales 2. A sale
accompanied by an agreement to resell upon speci
fied terms. Cf. absolute sale.
consignment sale. A sale ofan owner's property (such
as clothing or furniture) by a third party entrusted to
make the sale. UCC 9-102(a)(20). See CONSIGNMENT.
[Cases: Factors 20; Sales (:::=:8.)
consumer-credit sale. A sale in which the seller extends
credit to the consumer. _ A consumer-credit sale
includes a lease in which the lessee's rental payments
equal or exceed the retail value of the item rented.
[Cases: Consumer Credit
credit sale. A sale of goods to a buyer who is allowed
to pay for the goods at a later time. [Cases: Sales
82(1).]
distress sale. 1. A form of liquidation in which the
seller receives less for the goods than what would
be received under norma) sales conditions; esp., a
gOing-out-of-business sale. 2. A foreclosure or tax
sale. [Cases: Internal Revenue (:04860; Taxation
C:::2846.2963.]
dock sale. A sale in which a purchaser takes possession
of the product at the seller's shipping dock, esp. for
transportation outside the state.
documentary sale. A sale in which the buyer pays upon
the seller's tender of documents of title covering the
goods, plus a sight draft requiring the buyer to pay
"at sight." -This type of sale typically occurs before
delivery ofthe goods, which might be en route when
the buyer pays. Also termed cash-against-docu
ments sale.
exclusive sale. A sale made by a broker under an exclu
sive-agency listing. See exclusive-agency listing under
LISTING. [Cases: Brokers
execution sale. A forced sale of a debtor's property by
a government official carrying out a writ of execu
tion. -Also termed forced sale; judgment sale; sher
iff's sale. See EXECUTION. [Cases: Execution
213.]
executory sale. A sale agreed upon in principle but with
a few minor details remaining.
fair sale. A foreclosure sale or other judicial sale con
ducted with fairness toward the rights and interests

1455
of the affected parties. [Cases: Judicial Sales 15;
Mortgages ('>514, 515.]
fire sale. 1. A sale of merchandise at reduced prices
because offire or water damage. 2. Any sale at greatly
reduced prices, esp. due to an emergency . Fire sales
are often regulated to protect the public from decep
tive sales practices.
forced sale. 1. See execution sale. 2. A hurried sale by
a debtor because of financial hardship or a creditor's
action. Cf. voluntary sale.
foreclosure sale. The sale ofmortgaged property, autho
rized by a court decree or a power-of-sale clause, to
satisfy the debt. See FORECLOSURE. [Cases: Mortgages
(;:::>360,514.]
fraudulent sale. A sale made to defraud the seller's
creditors by converting into cash property that should
be used to satisfy the creditors' claims. [Cases: Fraud
ulent Conveyances (;:::: L]
gross sales. Total sales (esp. in retail) before deductions
for returns and allowances. -Also termed sales in
gross.
installment sale. See INSTALLMENT SALE.
isolated sale. An infrequent or one-time sale that does
not carry an implied warranty of merchantability
because the seller is not a merchant with respect to
goods ofthat kind. UCC  2-314(1). [Cases: Sales
272.]
judgment sale. See execution sale.
judicial sale. A sale conducted under the authority ofa
judgment or court order, such as an execution sale.
Also termed sheriff's sale. [Cases: Cases: Execution
(;:::::213; Judicial Sales C=::: 1.]
lumping sale. A court-ordered sale in which several
distinct pieces of property are sold together for a
single sum.
memorandum sale. A conditional sale in which the
buyer takes possession but does not accept title until
approving the property. [Cases: Sales (;:::::459.]
net sale. The amount of money remaining from a sale,
after deducting returns, allowances, rebates, dis
counts, and otber expenses.
present sale. Under the UCC, a sale accomplished by
the making of a contract. UCC  2-106(1). [Cases:
Sales C=::: 1(1).]
private sale. An unadvertised sale negotiated and
concluded directly between the buyer and seller, not
through an agent.
public sale. 1. A sale made after public notice, such as
an auction or sheriff's sale; specif., a sale to which the
public has been invited by advertisement to appear
and bid at auction for the items to be sold. 2. Patents.
An actual exchange for value or an offer through
some medium (e.g., a sales brochure) of an article,
product, or process to a member ofthe general public.
[Cases: Patents (~=>76.]
retail installment sale. See INSTALLMENT SALE. sale
sale against the box. See short sale against the box.
sale and leaseback. See LEASEBACK.
sale and return. See sale or return.
sale as is. A sale in which the buyer accepts the property
in its existing condition unless the seller has misrep
resented its quality. Also termed sale with all faults.
[Cases: Sales (;:::::260, 267.]
sale by sample. A sale in which the parties understand
that the goods exhibited constitute the standard with
which the goods not exhibited correspond and to
which all deliveries should conform . Any sample
that is made part of the basis of the bargain creates
an express warranty that the whole ofthe goods will
conform to the sample or model. UCC  9-102(a)
(20). Also termed sample sale. [Cases: Sales (;:::::
73.1
sale in gross. 1. A sale ofa tract ofland made with no
guarantee about the exact amount or size of the land
being sold. [Cases: Vendor and Purchaser <":::->65(2).]
2. (pl.) See gross sales.
sale-leaseback. See LEASEBACK.
sale on approval. A sale in which completion hinges
on the buyer's satisfaction, regardless ofwhether the
goods conform to the contract.  Title and risk ofloss
remain with the seller until the buyer approves. UCC
 2-326(1)(a). -Also termed approval sale. [Cases:
Sales (;:::::168.5(.5).]
sale on credit. A sale accompanied by delivery ofpos
session, but with payment deferred to a later date.
[Cases: Sales C--=>82(l).]
sale or return. A sale in which the buyer may return
the goods to the seller, regardless of whether they
conform to the contract, if the goods were delivered
primarily for resale . This transaction is a type of
conSignment in which the seller (usu. a distributor)
sells goods to the buyer (often a retailer), who then
tries to resell the goods, but a buyer who cannot resell
is allowed to return them to the seller. Title and risk of
loss are with the buyer until the goods are returned.
UCC  2-326(1)(b). Also termed sale and return. Cf.
SALES GUARANTEED. [Cases: Sales C=::: 168.5(.5).]
sale per aversionem (p<'lr <'l-v<}r-zhee-oh-n<}m). Civil law.
A conveyance of all immovable property that falls
within the boundaries stated in a purchase agree
ment, as opposed to a specified amount of acreage.
 The sales price will not be modified because of a
surplus or shortage in the amount of property that
is exchanged, because the boundary description is
the binding definition of the property conveyed. La.
Civ. Code art. 2495. [Cases: Vendor and Purchaser
(;:::::65(2).]
sale positive. A sale with no reserve price.
sales in gross. See gross sales.
sale short. See short sale.
sale with all faults. See sale as is.

sale and exchange 1456
sale with right ofredemption. A sale in which the seller
reserves the right to retake the goods by refunding
the purchase price.
sample sale. See sale by sample.
sheriffs sale. 1. See execution sale. 2. See judicial sale.
short sale. Securities. A sale ofa security that the seller
does not own or has not contracted for at the time of
sale, and that the seller must borrow to make delivery.
 Such a sale is usu. made when the seller expects
the security's price to drop. If the price does drop,
the seller can make a profit on the difference between
the price ofthe shares sold and the lower price ofthe
shares bought to pay back the borrowed shares.
Also termed sale short. [Cases: Securities Regulation
~45.17.J
short sale against the box. Securities. A short sale of
a security by a seller who owns enough shares ofthe
security to cover the sale but borrows shares anyway
because the seller wants to keep ownership a secret or
because the owned shares are not easily accessible .
Delivery may be made with either the owned or the
borrowed shares, so it is less risky than an ordinary
short sale. The phrase against the box refers to the
owned shares that are in safekeeping; formerly, the
"box" was a container used to store stock certifi
cates. -Often shortened to sale against the box.
similar sales. Eminent domain. Sales oflike property
in the same locality and time frame, admissible in a
condemnation action to determine the market value
of the particular property at issue. [Cases: Evidence
<>142.]
simulated sale. A sale in which no price or other
consideration is paid or intended to be paid, and in
which there is no intent to actually transfer owner
ship. Simulated sales are usu. done in an attempt to
put property beyond the reach ofcreditors. -Also
termed simulated transaction. [Cases: Fraudulent
Conveyances
tax sale. A sale ofproperty because ofnonpayment of
taxes. See tax deed under DEED. [Cases: Taxation
2900.]
voluntary sale. A sale made freely with the seller's
consent. Cf. forced sale.
wash sale. Securities. A sale ofsecurities made at about
the same time as a purchase of the same securities
(such as within 30 days), resulting in no change in
beneficial ownership. - A loss from a wash sale is
usu. not tax-deductible. And securities laws prohibit
a wash sale made to create the false appearance of
market activity. -Also termed wash transaction.
[Cases: Internal Revenue <>3216; Securities Regu
lation
sale and exchange. See SALE OR EXCHANGE.
sale and leaseback. See LEASEBACK.
sale and return. See sale or return under SALE.
sale-leaseback. See LEASEBACK. sale note. See NOTE (1).
sale-of-business doctrine. The outmoded rule holding
that the transfer of stock incident to the sale of a
business does not constitute a transfer ofsecurities.
This doctrine was rejected by the U.S. Supreme Court
in Landreth Timber Co. v. Landreth, 471 U.S. 681, 105
S.Ct. 2297 (1985), and its companion case, Gould v.
Ruefenacht,471 U.S. 701, 105 S.ct. 2308 (1985).
Securities Regulation ~-::>5.25(2).1
sale ofland. A transfer of title to real estate from one
person to another by a contract ofsale. A transfer of
real estate is often referred to as a conveyance rather
than a sale. [Cases: Vendor and Purchaser <>1,3.]
sale on approval. See SALE.
sale on credit. See SALE.
sale or exchange. (1905) 1. Tax. A voluntary transfer of
property for value (as distinguished from a gift) result
ing in a gain orloss recognized for federal tax purposes.
2. A transfer of property; esp., a situation in which
proceeds ofa sale are to be vested in another estate of
the same character and use. Also termed (in both
senses) sale and exchange. [Cases: Internal Revenue
3232; Taxation ~3469.]
sale or return. See SALE.
sale per aversionem. See SALE.
sale positive. See SALE.
sales agreement. (1920) A contract in which ownership
of property is presently transferred, or will be trans
ferred in the future, from a seller to a buyer for a fixed
sum. UCC  2-106(1). [Cases: Sales 1(1),3.1.]
sales-assessment-ratio study. A method for calcu
lating the assessment level for taxable property in a
jurisdiction, by comparing the assessed value and the
actual sales price ofa statistically reliable sample ofthe
property in the jurisdiction, to determine the percent
age by which the assessed values are above or below the
sales prices. [Cases: Taxation
sales finance company. See FINANCE COMPANY.
sales guaranteed. Hist. As used in a sale-of-goods
contract, the seller's promise to accept the purchaser's
return of unsold or unsalable goods and to grant the
purchaser a proportional credit or refund. Under the
UCC, the modern equivalent is sale or return. Cf. sale
or return under SALE.
sale short. See short sale under SALE.
sales in gross. See gross sales under SALE.
sales invoice. See INVOICE.
sales journal. A book used to record sales ofmerchan
dise on account.
sales load. See LOAD


ICE.
sales journal. A book used to record sales ofmerchan
dise on account.
sales load. See LOAD.
sales mix. The relative combination ofindividual-prod
uct sales to total sales.
sales price. See PRICE.
sales puffery. See PUFFING (1).

1457
sales tax. See TAX.
sale with all faults. See sale as is under SALE.
sale with right ofredemption. See SALE.
Salk law (sal-ik or say-lik). An influential early medieval
Frankish code oflaw that originated with the Salian
Franks and that deals with a variety of civil property
and family issues but is primarily a penal code listing
the punishments for various crimes . Salk law is
the principal compilation of the early Germanic laws
known collectively as leges barbarorum ("laws of the
barbarians"). Salic law also deSignated a rule barring
females from the line of succession to the throne, as a
result of which references to Salie law have sometimes
referred only to the code provision excluding women
from inheriting certain lands (which probably existed
only because military duties were connected with the
inheritance). In the late 19th century, Oliver Wendell
Holmes revived scholarly interest in Salic law by refer
ring to it throughout The Common Law (1881). Also
termed Salique law; law Salique (sa-leek or sal-ik); lex
Salica (leks sal-a-b).
salk marriage. See morganatic marriage under
MARRIAGE (1).
salting, n. Labor law. A union tactic that involves a paid
union employee going to work for a targeted nonunion
employer with the intention of organizing the work
force. -The union agent (known as a salt) is considered
an employee ofthe nonunion company and is protected
by the National Labor Relations Act.
salus (sal-<ls), n. [Latin) Health; prosperity; safety.
salvagardia. See DE SALVA GARDIA.
salvage (sal-vij), n. 1. The rescue of imperiled property.
2. The property saved or remaining after a fire or other
loss, sometimes retained by an insurance company that
has compensated the owner for the loss. [Cases: Insur
ance (;:=2194,2717.] 3. Compensation allowed to a
person who, having no duty to do so, helps save a ship
or its cargo. Also termed (in sense 3) salvage award;
reward. [Cases: Salvage (;::::J 1.] salvage, vb.
"Salvage is a reward payable either by the shipowner or
by the owners of goods carried in the ship to persons who
save the ship or cargo from shipwreck, capture or other
loss. The right to salvage is an ancient rule of maritime law
and is not based on contractual rights. The actual amount
payable is, as a rule, assessed by the Court. Sometimes
an express agreement, fixing an amount, is made before
the assistance is rendered, but this is not a question of
salvage in the strict sense, which always implies service
by persons who are under no obligation to render it." 2
EW. Chance, Principles of Mercantile Law 98 (P.W. French
ed., 10th ed. 1951).
"With reference to aid rendered to distressed property on
navigable waters the word 'salvage' is often used indiffer
ently to describe the salvage operation and the salvage
operation and the salvage award -the latter being the
compensation granted for the services rendered." Martin
J. Norris, The Law of Salvage  2, at 2 (1958).
"A salvage award, or reward, is the compensation allowed
to the volunteer whose services on navigable waters have
aided distressed property in whole or in part. The award
is not regarded merely as pay on the principle of quantum
meruit or as remuneration pro opera et labore, but as a salvor
reward to persons participating and the owners of salving
property, voluntarily rendering their services and to
encourage others to similarly undertake the saving of life
and property. That part of the award constituting more
than quantum meruit has, on occaSions, been referred to
as a 'bounty,' 'gratuity,' and 'bonus.''' Martinj. Norris, The
Law ofSalvage  3, at 3-4 (1958).
salvage award. See SALVAGE (3).
salvage charges. Insurance. Costs necessarily incurred
in salvage.
salvage loss. See LOSS.
salvager. See SALVOR.
salvage service. The aid or rescue given, either volun
tarily or by contract, to a vessel in need of assistance
because ofpresent or apprehended danger . Although
salvage may involve towing, it is distinguished from
towing service, which is rendered merely to expedite
a voyage, not to respond to dangerous circumstances.
[Cases: SalvageC=>6.]
salvage value. See VALUE (2).
salvam fecit totius pignoris causam (sal-vam fee-sit
toh-shee-as pig-na-ris kaw-zam). [Law Latin] Scots
law. He furnished the means of saving the whole
pledge. A bottomry creditor posting the last bond
obtained preference over the remaining bottomry
creditors because the later loan preserved the property
for the earlier creditors. See bottomry bond under
BOND (2).
salva substantia (sal-va sab-stan-shee-;'l). [Latin] Roman
& civil law. The substance (of the property) being pre
served; the substance remaining intact. Also termed
salva rei substantia.
"A right of liferent, therefore, cannot be constituted in a
subject which necessarily perishes in the use: it must be a
subject which can be used salva substantia." John Trayner,
Trayner's Latin Maxims 563 (4th ed. 1894).
salvo (sal-voh). [Latin fro salvus "safe"] Hist. 1. Saving;
excepting. This term was used in deeds. 2. Safely.
salvo beneficio competentiae (sal-voh ben-<l-fish-ee-oh
kom-p<l-ten-shee-ee). [Latin] Hist. Saving the benefit
of being held liable only to the extent that one's means
permit. See BENEFICIUM COMPETENTIAE.
salvo conductu. See DE SALVO CONDUCTU.
salvojure (sal-voh joor-ee). [Latin "the rule being safe"]
Without prejudice to.
salvor (sal-v<lr), n. [Law Latin] A person who saves
a vessel and its cargo from danger or loss; a person
entitled to salvage. -Also termed salvager. [Cases:
Salvage (,':;) 18, 19.]
"A 'salvor' is a person who, without any particular relation
to a ship in distress. proffers useful service, and gives it as
a volunteer adventurer, without any pre-existing covenant
that connected him with the duty of employing himself for
the preservation ofthe ship. To be a salvor, one must have
the intention and capacity to save the distressed property
involved. but need not have an intent to acquire it." 68 Am.
Jur. 2d Salvage  2. at 270 (1993).

1458 salvus p/egius
salvus plegius (sal-vds plee-jee-ds). [Law Latin] Hist. A
safe pledge; a satisfactory pledge. See PLEDGE. Also
termed certu5 plegius.
SAM. See shared-appreciation mortgage under
MORTGAGE.
same, pron. (14c) The very thing just mentioned or
described; it or them <two days after receiving the
goods, Mr. Siviglio returned same>.
same-actor inference. Employment law. The doctrine
that when an employee is hired and fired by the same
person, and the termination occurs a reasonably short
time after the hiring, the termination will be presumed
not to be based on a discriminatory reason. [Cases:
Civil Rights C=>1534.]
same-conduct test. Criminal law. A test for determining
whether a later charge arising out of a Single incident
is barred by the Double Jeopardy Clause; specif., an
analysis ofwhether the later charge requires the state
to prove the same conduct that it was required to
prove in a previous trial against the same defendant.
 The Supreme Court abandoned the Blockburger test
and adopted the same-conduct test in 1990 (Grady v.
Corbin, 495 U.S. 508, 110 S.Ct. 2084), but overruled
that decision and revived Blockburger three years later
(U.S. v. Dixon, 509 U.S. 688, 113 S.Ct. 2849 (1993)). Cf.
BLOCKBURGER TEST; SAME-TRANSACTION TEST. [Cases;
Double Jeopardy <:>132.1.]
same-elements test. 1. See BLOCKBURGER TEST. 2. See
LEGAL-ELEMENTS TEST.
same-evidence test. See BLOCKBURGER TEST.
same invention. Patents. 1. A second invention claiming
the identical subject matter as a previous invention.
[Cases: Patents <:> 120.] 2. Within a reissue statute,
the invention described in the original patent. [Cases:
Patents C=> 141.]
same-invention double patenting. See statutory double
patenting under DOUBLE PATENTING.
same-invention double patenting rejection. See statu
tory double patenting rejection under REJECTIO~.
same offense. See OFFENSE (1).
same-sex harassment. See same-sex sexual harassment
under SEXUAL HARASSMENT.
same-sex marriage. See MARRIAGE (1).
same-sex sexual harassment. See SEXUAL HARASS
MENT.
same-transaction test. Criminal law. A double-jeop
ardy test, never adopted, that would require the gov
ernment to bring all charges arising out of a single
incident against a defendant in one prosecution .
Justice Brennan advocated the same-transaction test
in a case involving a conviction for felony-murder and
a later prosecution for the underlying felony. Harris v.
Okla.) 433 U.S. 682, 97 S.Ct. 2912 (1977). Cf. BLOCK
BURGER TEST; SAME-CONDUCT TEST. [Cases; Double
Jeopardy C=> 134.]
sample sale. See sale by sample under SALE. sampling, n. Copyright. The process of taking a small
portion of a sound recording and digitally manipu
lating it as part of a new recording . Sampling may
infringe the copyright ofthe sample's source, esp. the
musical-works and sound-recording copyrights.
Also termed digital sampling. [Cases: Copyrights and
Intellectual Property <:>67.2.]
S&T. abbr. SCIENCE AND TECH~OLOGY DIRECTORATE.
sanae mentis (san-ee men-tis). [Law Latin] Hist. Of
sound mind; ofsane mind.
sandre (san-sl-ree), vb. [Latin] Roman law. To enact;
confirm; prescribe.
sanctio (sangk-shee-oh), n. [Latin fro sancio "to ordain,
confirm, or forbid under penalty"] Roman law. A par
ticular clause in a statute imposing a penalty on any
violation of that statute. PI. sanctiones (sangk-shee
oh-neez).
"5anctio (legis). A clause in a statute which strengthens its
efficacity by fixing a penalty for its violation, by forbidding
its derogation through a later enactment, or by releasing
from responsibility anyone who by acting in accordance
with the statute violated another law. The purpose of the
sanction clause was to settle the relation between the new
statute and former and future legislation. Thus the sanctio
could also state that a previous statute remained fully or
partially in force without being changed by the new one."
Adolf Berger, Encyclopedic Dictionary of Roman Law 689
(1953).
sanction (sangk-shdn), n. (ISc) 1. Official approval
or authorization <the committee gave sanction to
the proposal>. Cf. RATIFICATION (1). 2. A penalty or
coercive measure that results from failure to comply
with a law, rule, or order <a sanction for discovery
abuse>. Cf. DISCIPLINE.[Cases: Costs C=>2; Criminal
Law ~627.8(6); Federal Civil Procedure <:>1278,
2750; Pretrial Procedure
"Without adequate sanctions the procedure for discovery
would often be ineffectual. Under Rule 37 [of the Federal
Rules of Civil Procedure], ... any party or person who seeks
to evade or thwart full and candid discovery incurs the risk
of serious consequences, which may involve imprisonment
for contempt of court, an order that designated facts be
taken to be established, an order refusing the delinquent
party the right to support or oppose designated claims
or defenses, striking out pleadings or parts of pleadings,
rendering judgment by default, dismissal of the action or
a claim therein, or assessment of expenses and attorney's
fees. Sanctions are intended to prompt a party to respond."
8A Charles Alan Wright et aI., Federal Practice and Proce
dure  2281, at 595-95 (2d ed. 1994).
criminal sanction. (1872) A sanction attached to a
criminal conviction, such as a fine or restitution.
Also termed penal sanction.
"A criminal sanction ... is a legally authorized post-con'
viction deprivation suffered by a human being through
governmental action. By using the words 'postconviction'
in that definition, criminal sanctions are thus limited to
those imposed upon defendants in criminal proceedings
who, by reason or in consequence of ajudgment entered
upon a verdict of gUilty found by ajury, or judge sitting
without ajury (the latter having been legally waived), or
upon a plea of guilty, or a plea of nolo contendere, stand
conVicted." A Treatise on the Law of Crimes  2.00. at 66
(Marian QUinn Barnes ed., 7th ed. 1


of Crimes  2.00. at 66
(Marian QUinn Barnes ed., 7th ed. 1967).

1459
death-penalty sanction. (1991) Civil procedure. A !
court's order dismissing the suit or entering a default
judgment in favor of the plaintiffbecause of extreme
discovery abuses by a party or because of a party's
action or inaction that shows an unwillingness to
participate in the case. Such a sanction is rarely
ordered, and is usu. preceded by orders oflesser sanc
tions that have not been complied with or that have
not remedied the problem. -Often shortened to
death penalty. [Cases: Federal Civil Procedure
1278; Pretrial Procedure C=>46.]
shame sanction. (1991) A criminal sanction designed
to stigmatize or disgrace a convicted offender, and
often to alert the public about the offender's convic
tion. A shame sanction usu. publicly associates the
offender with the crime that he or she committed. An
example is being required to post a sign in one's yard
stating, "Convicted Child Molester Lives Here."
Also termed shame sentence; shaming sanction;
shaming sentence; scarlet-letter punishment; scarlet
letter sentence.
3. Int'llaw. An economic or military coercive measure
taken by one or more countries toward another to force
it to comply with international law <U.N. sanctions
against a renegade nation>.
sanction, vb. (18c) 1. To approve, authorize, or support
<the court will sanction the trust disposition if it is
not against public policy>. 2. To penalize by imposing
a sanction <the court sanctioned the attorney for vio
lating the gag order>.
sanctionable, adj. (18c) (Of conduct or action) meriting
sanctions; likely to be sanctioned. [Cases: Federal Civil
Procedure C='1278,2750-2848.]
sanctional enforcement. See secondary right under
RIGHT.
sanctioning right. See secondary right under RIGHT.
sanctions tort. A means ofrecovery for another party's
discovery abuse, whereby the judge orders the abusive
party to pay a fine to the injured party for the discovery
violation. This is not a tort in the traditional sense, but
rather a form ofpunishment that results in monetary
gain for the injured party.
sanctity ofcontract. (1831) The principle that the parties
to a contract, having duly entered into it, must honor
their obligations under it. [Cases: Contracts
"[Sanctity of contract] is merely another facet of freedom
of contract, but the two concepts cover, to some extent,
different grounds. The sanctity of contractual obliga
tions is merely an expression of the principle that once
a contract is freely and voluntarily entered into, it should
be held sacred, and should be enforced by the Courts if
it is broken. No doubt this very sanctity was an outcome
of freedom of contract, for the reason why contracts were
held sacred was the fact that the parties entered into them
of their own choice and volition, and settled the terms by
mutual agreement." P.S. Atiyah, An Introduction to the Law
ofContract12 (3d ed. 1981).
sanctuary. (14c) 1. A safe place, esp. where legal process
cannot be executed; asylum. sanity hearing
"Every consecrated church was a sanctuary. If a malefactor
took refuge therein, he could not be extracted; but it was
the duty of the four neighbouring vilis to beset the holy
place, prevent his escape and send for a coroner. ... [Alfter
he had enjoyed the right of asylum for forty days, he was
to be starved into submission; but the clergy resented this
interference with the peace of Holy Church." 2 Frederick
Pollock & Frederic William Maitland. History ofEnglish Law
Before the Time ofEdward 1590-91 (2d ed. 1899).
"In medieval England. as elsewhere in Europe, there were
a number of ecclesiastical places where the king's writ
did not run. The underlying theory was that consecrated
places should not be profaned by the use of force, but the
result in practice was that thieves and murderers could
take refuge and thereby gain immunity even against the
operation of criminal justice. This was the privilege called
'sanctuary.' In the case of parochial churches, the sanctu
ary lasted for forty days only. Before the expiration of this
period, the fugitive had to choose whether to stand trial
or 'abjure' the realm .... This was only permitted if he
made a written confession to the coroner, which resulted
in the forfeiture of his property as on conviction; his life
only was spared ...."J.H. Baker, An Introduction to English
Legal History 585 (3d ed. 1990).
2. A holy area of a religious building; esp., the area in
a church or temple where the main altar or tabernacle
is located.
sandbagging, n. 1. A trial lawyer's remaining cagily
silent when a possible error occurs at trial, with the
hope ofpreserving an issue for appeal ifthe court does
not correct the problem . Such a tactic does not usu.
preserve the issue for appeal because objections must
be promptly made to alert the trial judge ofthe possible
error. [Cases: Criminal Law (;::::::> 1030(1); Federal Courts
C=>611.] 2. Corporations. An antitakeover tactic
wherein the target company delays a hostile bidder's
final offer by agreeing to negotiate then prolonging bad
faith negotiations as long as pOSSible. sandbag, vb.
S & L. abbr. SAVINGS-AND-LOAN ASSOCIATION.
sandpapering, n. A lawyer's general preparation of a
witness before a deposition or triaL Cf. HORSESHED
DING.
sandwich lease. See LEASE.
sane, adj. (17c) Having a relatively sound and healthy
mind; capable of reason and of distinguishing right
from wrong. [Cases: Criminal Law (''--:>46; Mental
Health C=>3.L]
sane memory. See CAPACITY (3).
sanguis (sang-gwis), n. [Latin "blood"]l. Roman law.
Blood relationship. 2. Hist. Consanguinity. 3. Hist.
The right ofa chieflord to judge cases involving blood
shed.
sanitary code. A set of ordinances regulating the food
and healthcare industries. [Cases: Food C='1; Health
(,'J354.J
sanity. (15c) The state or condition of having a relatively
sound and healthy mind. Cf. INSANITY. [Cases: Mental
Health C=>3.1,432.]
sanity hearing. (1925) 1. An inquiry into the mental
competency of a person to stand trial. See COMPE
TENCY. Cases: Criminal Law C=>623.] 2. A proceeding

1460 sans ce que
to determine whether a person should be institutional
ized. [Cases: Mental Health
sans ce que (sanz see k;) or sawn s;} k;). [Law French] See
ABSQUE HOC.
sansfrais (sawn fray). [Law French] Without expense.
sans impeachment de wast (sanz im-peech-m;}nt d<l
wayst). [Law French] Hist. Without impeachment of
waste.
sans jour (sawn zhoor or sanz joor). [Law French] Hist.
Without day; SINE DIE. See ALLER SANS JOUR.
sans recours (sawn r<'l-koor or sanz ri-kuur). See
WITHOUT RECOURSE.
sap, n. A club, a blackjack, a hose containing rocks in
the middle, or any other object generally used as a
bludgeon.
sapiens naturam delicti (say-pee-enz n;)-t[y]oor-;:,m di
lik-tI). [Law Latin] Hist. Partaking of the character of
a delict.
SAPJ. See senior administrative patent judge under
JUDGE.
SAR. abbr. 1. STOCK-APPRECIATION RIGHT. 2. SUSPI
CIOUS-ACTIVITY REPORT.
sasine. See SEISIN.
satellite litigation. (1983) 1. One or more lawsuits related
to a major piece oflitigation that is being conducted
in another court <the satellite litigation in state court
prevented the federal judge from ruling on the issue>.
2. Peripheral skirmishes involved in the prosecution of
a lawsuit <the plaintiffs called the sanctions "satellite
litigation," drummed up by the defendants to deflect
attention from the main issues in the case>.
satellite state. See client state under STATE.
satisdare (sat-is-dair-ee), vb. [Latin fro satis "sufficient" +
dare "to give"] Roman law. To give security in the form
ofsatisdatio. See SATISDATIO.
satisdatio (sat-is-day-shee-oh), n. [Latin fro satisdarel
Roman law. Security given by a person, such as a debtor,
through a surety. PI. satisdationes (sat-is-day-shee-oh
neez).
satisfaction, n. (l4c) 1. The giving of something with
the intention, express or implied, that it is to extin
guish some existing legal or moral obligation. _ Satis
faction differs from performance because it is always
something given as a substitute for or equivalent of
something else, while performance is the identical
thing promised to be done. Also termed satisfac
tion ofdebt. [Cases: Accord and Satisfaction (;::::> 1.] 2.
The fulfillment ofan obligation; esp., the payment in
full of a debt.
"Satisfaction closely resembles performance. Both depend
upon presumed intention to carry out an obligation, but
in satisfaction the thing done is something different from
the thing agreed to be done, whereas in performance the
identical act which the party contracted to do is considered
to have been done. The cases on satisfaction are usually
grouped under four heads, namely, OJ satisfaction of debts
by legacies; (ii) satisfaction of legacies by legacies; (iii) satisfaction (or ademption) of legacies by portions; and (iv)
satisfaction of portion-debts by legacies, or by portions.
Strictly, however, only the first and last of these heads are
really cases of satisfaction; for satisfaction presupposes an
obligation, which, of course, does not exist in the case of
a legacy in the will of a living person." R.E. Megarry, Snell's
Principles ofEquity 226-27 (23d ed. 1947).
3. SATISFACTION PIECE. 4. Wills & estates. The payment
by a testator, during the testator's lifetime, of a legacy
provided for in a will; ADVANCEMENT. Cf. ADEMPTION.
[Cases: Wills (;::::>772.] 5. Wills & estates. A testamen
tary gift intended to satisfy a debt owed by the testator
to a creditor. See ACCORD AND SATISFACTION. -satisfy,
vb.
satisfaction contract. See CONTRACT.
satisfaction ofdebt. See SATISFACTION (1).
satisfaction ofjudgment. (17c) 1. The complete discharge
ofobligations under a judgment. [Cases: Federal Civil
Procedure (;::::>2398; Judgment (;::::>874-899.] 2. The
document filed and entered on the record indicating
that a judgment has been paid. [Cases: Federal Civil
Procedure (;::::>2398; Judgment (;::::>897.]
"Generally, a satisfaction of ajudgment is the final act and
end of a proceeding. Satisfaction implies or manifests
an expression of finality as to all questions of liability
and damages involved in the litigation. Once satisfac
tion occurs, further alteration or amendment of a final
judgment generally is barred. Satisfaction of ajudgment,
when entered of record by the act of the parties, is prima
facie evidence that the creditor has received payment of
the amount of the judgment or its equivalent, and operates
as an extinguishment of the judgment debt," 47 Am. Jur.
2d judgments  1006, at 443 (1995).
satisfaction oflien. (1833) 1. The fulfillment of all obli
gations made the subject of a lien. 2. The document
Signed by the lienholder releasing the property subject
to a lien.
satisfaction ofmortgage. (18c) 1. 1he complete payment
ofa mortgage. 2. A discharge Signed by the mortgagee
or mortgage holder indicating that the property subject
to the mortgage is released or that the mortgage debt
has been paid and the mortgage conditions have been
fully satisfied. [Cases: Mortgages (;::::>309-315.]
satisfaction piece. (1831) A written statement that one
party (esp. a debtor) has discharged its obligation to
another party, who accepts the discharge. -Also
termed certificate of discharge; satisfaction. [Cases:
Mortgages (;::::> 309.]
satisfactory evidence. See EVIDENCE.
satisfactory proof. See satisfactory evidence under
EVIDENCE.
satisfied term. See TERM (4).
Saturday-night special. (1959) 1. A handgun that is
easily obtained and concealed. [Cases: Weapons
4,8.] 2. Corporations. A surprise tender offer typically
held open for a limited offering period (such as one
week) to maximize pressure on a shareholder to accept.
-These tender offers are now effectively prohibited by
section 14(e) of the Williams Act. 15 USCA  78n(e).

1461 scale
saunkefin (sawn-k~-fan). [fro Law French sang quifinl
Hist. End of blood; the failure ofa line ofsuccession.
SAUSA. abbr. Special assistant to the united states
attorney. See UNITED STATES ATTORNEY.
sauvagine


. Special assistant to the united states
attorney. See UNITED STATES ATTORNEY.
sauvagine (soh-va-zheen). [Law French] Hist. 1. Wild
animal. 2. Wild nature ofan animal.
save, vb. 1. To preserve from danger or loss <save a ship in
distress>. 2. To lay up; to hoard <save money>. 3. To toll
or suspend (the operation, running, etc.) ofsomething
<save a statute of limitations>. 4. To except, reserve,
or exempt (a right, etc.) <to save vested rights>. 5. To
lessen or avoid (a cost, resource, etc.) <save labor>.
save harmless. See HOLD HARMLESS.
save-harmless agreement. See HOLD-HARMLESS AGREE
MENT.
save-harmless clause. See INDEMNITY CLAUSE.
saver default (say-v;)r di-fawlt). [Law French] Hist. To
excuse a default. Also spelled saver de fault; saver
defaut.
"Saver default is the same as to excuse a default. And this is
properly when a man having made default in court, comes
afterwards, and alleges a good cause why he did it, as
imprisonment at the same time, or the like." Termes de la
Ley 352 (1 st Am. ed. 1812).
saving, n. An exception; a reservation.
saving clause. (17c) 1. A statutory provision exempt
ing from coverage something that would otherwise
be included. _ A saving clause is generally used in a
repealing act to preserve rights and claims that would
otherwise be lost. [Cases: Statutes (;::0228, 278.23.]
2. SAVING-TO-SUITORS CLAUSE. 3. SEVERABILITY
CLAUSE. Also termed savings clause.
savings account. A saVings-bank depositor's account
usu. bearing interest or containing conditions (such as
advance notice) to the right of withdrawaL
savings-account trust. See Totten trust under TRUST.
savings-and-Ioan association. (1884) A financial insti
tution -often organized and chartered like a bank
that primarily makes home-mortgage loans but also
usu. maintains checking accounts and provides other
banking services. Often shortened to S & L. -Also
termed savings-and-loan bank; loan association; thrift
institution; thrift, Cf. BUILDING-AND-LOAN ASSOCIA
TION. [Cases: Building and Loan Associations
24-40.J
'The thrift institutions, mutual savings banks, savings
and loan associations, and credit unions, originally were
created to meet needs for saving, credit and loans of people
whose resources and income were modest. Commercial
banks, merchants, money lenders, and pawn shops often
did not serve this demand for loans or savings as well, or
with interest rates as favorable to poor individuals. and
families. During the last two centuries, thrift institutions
were gradually developed, therefore, by social reformers,
philanthropic benefactors, religious and fraternal organiza
tions, trade unions, employers, and thrift entrepreneurs (in
most countries of the world) as a collateral type of banking
or financial intermediation." William A. Lovett, Banking and
Financial Institutions Law in a Nutshell 236 (1997).
savings bank. See BANK. savings-bank trust. See Totten trust under TRUST.
savings bond. See BOND (3).
savings clause. See SAVING CLAUSE.
savings note. See NOTE (1).
saving-to-suitors clause. Maritime law. In the federal
statutory provision granting admiralty and maritime
jurisdiction to the federal courts, a clause that pre
serves the option to file suit in a nonadmiralty court. 28
USCA  1333(1). -The nonadmiralty court is typically
either a state court or a law-side federal court. Under
the reverse-Erie doctrine. the nonadmiralty court is
required to apply the same law that the admiralty court
would have used. Also termed saving clause. [Cases:
Admiralty (;::02.]
savor, vb. (16c) To partake of the character of or bear
affinity to (something) . In traditional legal idiom,
an interest arising from land is said to "savor of the
realty." Also spelled savour.
S.B. See senate bill under BILL (3).
SBA. abbr. SMALL BUSINESS ADMINISTRATION.
SBIC. abbr. SMALL- BUSINESS INVESTMENT COMPANY.
sc. abbr. SCILICET.
S.c. abbr. 1. SUPREME COURT. 2. Same case. _ In former
practice, when put between two citations, the abbrevia
tion indicated that the same case was reported in both
places. 3. SENATUS CONSULTUM.
scab. (ISc) A person who works under conditions
contrary to a union contract; esp., a worker who crosses
a union picket line to replace a union worker during a
strike. Also termed strikebreaker.; (in BrE) black
leg labor.
scabini (sk;)-bI-nr). [Law Latin] Hist. Judges or the judge's
assessors in the court held by the count; magistrates.
-The term was found in a charter from the wardens
of Lynn in Norfolk, during the reign of Henry VIII.
But even earlier than that, the title was used in Charle
magne's empire (the French equivalent being edevins)
and later Germanized as SchOffen.
scalam (skay-Idm), n. [Latin] Hist. Scale. -Ad sealam
was the method of paying money to the Exchequer,
in which sixpence was added to each twenty shillings
to compensate for a deficiency in weight, although no
scales were actually used.
scale, n. 1. A progression ofdegrees; esp., a range of wage
rates. 2. A wage according to a range of rates. 3. An
instrument for weighing. 4. Hist. In the practice ofthe
English Supreme Court of Judicature, the fee charged
by a solicitor for a particular type of case. _ Unless
the court ordered otherwise, the lower scale applied
to all causes and matters aSSigned by the Judicature
Acts to the King's Bench. or the Probate, Divorce, and
Admiralty divisions; to all actions for debt, contract,
or tort; and to almost all causes and matters assigned
by the acts to the Chancery division and in which the
amount in controversy was less than 1,000. The higher
scale applied in all other cases, and in actions falling

1462 scale order
under one of the lower-scale classes if the principal
relief sought was injunctive.
scale order. See ORDER (8).
scale tolerance. The nominal variation of the mass or
weight of the same goods on different scales.
scaling law. (1882) Rist. A statute establishing a process
for adjusting value differences between depreci
ated paper money and specie. Statutes of this type
were necessary when paper depreciated after both the
American Revolution and the Civil War.
scalper. L A seller who buys something (esp. a ticket)
at face value (or less) and then tries to resell it for a
higher price. Also termed ticket speculator. [Cases:
Public Amusement and Entertainment (::::>70.] 2. An
investment adviser who buys a security before recom
mending it to clients. 3. A market-maker who puts an
excessive markup or markdown on a transaction.
scalping, n. 1. The practice of selling something (esp. a
ticket) at a price above face value once it becomes scarce
(usu. just before a high-demand event begins). [Cases:
Public Amusement and Entertainment (::::>70.J 2. The
purchase ofa security by an investment adviser before
the adviser recommends that a customer buy the same
security. This practice is usu. considered unethical
because the customer's purchase will increase the secu
rity's price, thus enabling the investment adviser to sell
at a profit. 3. The excessive markup or markdown on a
transaction by a market -maker.  This action violates
National Association of Securities Dealers guide
lines. -scalp, vb.
scandal. 1. Disgraceful, shameful, or degrading acts
or conduct. 2. Defamatory reports or rumors; esp.,
slander. See SCANDALOUS MATTER.
"Scandal consists in the allegation of anything which
is unbecoming the dignity of the court to hear, or is
contrary to decency or good manners, or which charges
some person with a crime not necessary to be shown in
the cause, to which may be added that any unnecessary
allegation, bearing cruelly upon the moral character of an
individual, is also scandalous. The matter alleged, however,
must be not only offensive, but also irrelevantto the cause,
for however offenSive it be, if it be pertinent and material
to the cause the party has a right to plead it. It may often be
necessary to charge false representations, fraud and immo
rality, and the pleading will not be open to the objection of
scandal, if the facts justify the charge." Eugene A. Jones,
Manual ofEquitV Pleading and Practice SO-51 (1916).
scandalous matter. (17c) Civil procedure. A matter that is
both grossly disgraceful (or defamatory) and irrelevant
to the action or defense . A federal court upon a
party's motion or on its own -can order a scandalous
matter struck from a pleading. Fed. R. Civ. P. 12(f). Cf.
IMPERTINENT MATTER. [Cases: Federal Civil Procedure
Pleading (::::>364(4).]
scandalous subject matter. Trademarks. A word, phrase,
symbol, or graphic depiction that the U.S. Patent and
Trademark Office may refuse to register because it
is shockingly offensive to social mores . Although
the Lanham Act uses the phrase "immoral, decep
tive, or scandalous subject matter," courts have not distinguished "scandalous" from "immoral." [Cases:
Trademarks (::::>1072.]
scandalum magnatum (skan-dd-ldm mag-nay-tdm).
[Law Latin1Rist. Actionable slander ofpowerful people;
specif., defamatory comments regarding persons of
high rank, such as peers, judges, or state officials.
"Words spoken in derogation of a peer, a judge, or other
great officer of the realm, which are called scandalum
magnatum, are held to be still more heinous; and, though
they be such as would not be actionable in the case of
a common person, yet when spoken in disgrace of such
high and respectable characters, they amount to an atro
cious injury: which is redressed by an action on the case
founded on many ancient statutes; as well on behalf of the
crown, to inflict the punishment of imprisonment on the
slanderer, as on behalf of the party, to recover damages for
the injury sustained." 3 William Blackstone, Commentaries
on the Laws of Eng/and 123-24 (1768).
scarlet-letter punishment. See shame sanction under
SANCTION.
scarlet-letter sentence. See shame sanction under
SANCTION.
scatter-point analysis. (1993) A method for studying the
effect that minority-population changes have on voting
patterns, involving a plotting ofthe percentage of votes
that candidates receive to determine whether voting
percentages increase or decrease as the percentages of
voters of a particular race increase or decrease.
scenes afaire (sen ah fair). [French uscenes for action"]
Copyright. Standard or general themes that are common
to a wide variety of works and are therefore not copy
rightable. Examples of scenes afaire are obvious plot
elements and character types. [Cases: Copyrights and
Intellectual Property (::::> 12(2).]
schedule, n. (15c) A written list or inventory; esp.,
a statement that is attached to a document and that
gives a detailed showing of the matters referred to in
the document <Schedule B to the title policy lists the
encumbrances on the property>. schedule, vb.
scheduled, adj.
scheduled injury. See INJURY.
scheduled property. See PROPERTY.
scheme. (16c) 1. A systemic plan; a connected or orderly
arrangement, esp. of related concepts <legislative
scheme>. 2. An artful plot or plan, usu. to deceive
others <a scheme to defraud creditors>.
scheme ofarrangement. English law. A court-approved
reorganization of a company's capital structure or
debts. The company seeking to reorganize is usu. in
financial trouble but may not yet be insolvent.
creditors' scheme ofarrangement. A reorganization
plan in which creditors agree to defer demands for
payment, in hopes ofeventually receiving more than
they would if the company were immediately liqui
dated.
members'scheme ofarrangement. A reorganization
plan voted on and approved by the company's share
holders. This type of scheme may be used to prepare

1463
for a merger. Also termed shareholders' scheme of
arrangement.
shareholders' scheme ofarrangement. See members'
scheme ofarrangement.
schism (siz-Jm or skiz-Jm). (l4c) 1. A breach or rupture; a
division, esp. among members ofa group, as ofa union.
2. A separation ofbeliefs and doctrines by persons of
the same organized religion, religious denomination,
or sect [Cases: Religious Societies 35.]
"It has been held that the civil courts are not concerned
with mere schisms stemming from disputations over
matters of religious doctrine, not only because such ques
tions are essentially ecclesiastical rather than judicial, but
also because of the separation between the church and the
state .... However, it has also been held that the situa
tion is different in the case of self-governing congressional
churches, for here the courts do not hesitate to assume
jurisdiction when a schism affects property rights, for in
this form ... each local congregation is independent and
autonomous and there is no recourse within the denomi
nation." 66 Am. Jur. 2d Religious


and
autonomous and there is no recourse within the denomi
nation." 66 Am. Jur. 2d Religious Societies  51, at 804
(1973).
school, n. 1. An institution oflearning and education,
esp. for children. [Cases: Schools (::::J 11.]
"Although the word 'school' in its broad sense includes i
all schools or institutions, whether of high or low degree,
the word 'school' frequently has been defined in constitu
tions and statutes as referring only to the public common
schools generally established throughout the United
States .. When used in a statute or other contract,
'school' usually does not include univerSities, business
colleges, or other institutions of higher education unless
the intent to include such institutions is clearly indicated."
68 Am. Jur. 2d Schools  1, at 355 (1993).
common school. See public school.
district school. A public school contained in and main
tained by a school district. See SCHOOL DISTRICT.
private school. A school maintained by private indi
viduals, religiOUS organizations, or corporations,
funded, at least in part, by fees or tuition, and open
only to pupils selected and admitted based on reli
gious affiliations or other particular qualifications.
[Cases: Schools 1.]
public school. An elementary, middle, or high school
established under state law, regulated by the local
state authorities in the various political subdivisions,
funded and maintained by public taxation, and open
and free to all children ofthe particular district where
the school is located. -Also termed common school.
[Cases: Schools C=> 11.]
2. The collective body ofstudents under instruction in
an institution oflearning_ 3. A group ofpeople adhering
,
, to the same philosophy or system ofbeliefs.
school board. An administrative body, made up of a
number of directors or trustees, responSible for over
seeing public schools within a city, county, or district.
Cf. BOARD OF EDUCATION. [Cases: Schools (::::J51.]
school bond. See BOND (3).
school district. A political subdivision ofa state, created
by the legislature and invested with local powers ofself
government, to build, maintain, fund, and support the scientific method
public schools within its territory and to otherwise
assist the state in administering its educational respon
sibilities. [Cases: Schools G=2L]
consolidated school district. A public-school district in
which two or more existing schools have consolidated
into a Single district. [Cases: Schools
school land. See LAND.
Schumer box. In a credit-card agreement, a table that
summarizes all the costs for which the cardholder is
liable, so that the cardholder can more easily compare
credit-card agreements. _ The term derives from the
name of Senator Charles Schumer, who proposed the
disclosure requirements. The box must contain the
information listed in 15 t.JSCA  1637(c)(1)(A)-(B).
Also termed Schumer's box. [Cases: Consumer Credit
Scieuce and Technology Directorate. The division of
the Department of Homeland Security responsible for
coordinating research and development, including pre
paring for and responding to terrorist threats involv
ing weapons ofmass destruction. -The Directorate
also works with the Chemical, Biological, Radiological,
and Nuclear Countermeasures Program and the Envi
ronmental Measurements Lab in the Department of
Energy, the National BW (biological warfare) Defense
Analysis Center in the Department ofDefense, and the
Plum Island Animal Disease Center Abbr. S&T.
science oflegislation. See LAW REFORM.
sciendum est (sI-en-d;:lm est). [Latin] Roman law. It is
to be known or understood. - This phrase often intro
duced a particular topic or explanation.
sciens et prudens (sI-enz et proo-denz). [Latin] Hist. In
full knowledge and understanding.
scienter (sI-en-tJr or see-), n. [Latin "knowingly"] (1824)
1. A degree of knowledge that makes a person legally
responsible for the consequences of his or her act or
omission; the fact ofan act's having been done know
ingly, esp. as a ground for civil damages or criminal
punishment. See KNOWLEDGE; MENS REA. [Cases:
Criminal Law C=>20; Negligence (::::J212, 302.] 2. A
mental state consisting in an intent to deceive, manipu
late, or defraud. -In this sense, the term is used most
often in the context of securities fraud. The Supreme
Court has held that to establish a claim for damages
under Rule lOb-5. a plaintiff must prove that the defen
dant acted with scienter. Ernst & Ernst v. Hochfelder,
425 U.S. 185,96 S.Ct. 1375 (1976). [Cases: Securities
Regulation G:::c60,45, 60.51(2).]
scienter action. A lawsuit in which the plaintiff must
prove that the defendant acted knOWingly or knew of
the danger -e.g., at common law an action for damage
caused by a domestic animaL See SCIENTER.
scientific creationism. See CREATIONISM.
scientific evidence. See EVIDENCE.
scientific knowledge. See KNOWLEDGE.
scientific method. An analytical technique by which a
hypothesis is formulated and then systematically tested

1464 sci. fa.
through observation and experimentation. [Cases:
Criminal Law C=>388.1; Evidence C=>555.]
sci. fa. abbr. SCIRE FACIAS.
scH. abbr. SCILICET.
scilicet (sH-d-set or -sit). [fro Latin scire licet "that you
may know"] (14c) That is to say; namely; VIDELICET.
Like videlicet, this word is used in pleadings and other
instruments to introduce a more particular statement
ofmatters previously mentioned in general terms. It has
never been quite as common, however, as videlicet. -
Abbr. sc.; scil.; (erroneously) ss.
SCIN. abbr. See self-canceling installment note under
NOTE (1).
scintilla (sin-til-d). (13c) A spark or trace <the standard is
that there must be more than a scintilla of evidence>. PI.
scintillas (sin-tH-n). [Cases: Evidence C=>597; Federal
Civil Procedure C=>2146; Judgments C=>185(5); Trial
C=> 139.1(8).]
scintilla juris (sin-til-d joor-is). [Law Latin "a spark of
right"] Hist. A fragment of law or right. This refers
to a figurative expression in the law of uses providing
a trace of seisin rights to remain in the feoffees suffi
cient to allow contingent uses to be executed under the
Statute ofUses. Itwas abolished in the Law ofProperty
Amendment Act of 1860. See STATUTE OF USES.
scintilla-of-evidence rule. (1896) A common-law
doctrine holding that if even the slightest amount of
relevant evidence exists on an issue, then a motion for
summary judgment or for directed verdict cannot be
granted and the issue must go to the jury. Federal
courts do not follow this rule, but some states apply
it. -Also termed scintilla rule. [Cases: Federal Civil
Procedure C=>2146, 2546; Judgment C=> 185(5); Trial
C=> 139.1(8).]
scire facias (sl-ree fay-shee-ds). [Law Latin "you are to
make known, show cause"] (15c) A writ requiring the
person against whom it is issued to appear and show
cause why some matter ofrecord should not be annulled
or vacated, or why a dormant judgment against that
person should not be revived. -Abbr. sci. fa. [Cases:
Scire Facias C=> 1.]
amicable scire facias to revive a judgment. A written
agreement in which a person against whom a revival
ofan action is sought agrees to the entry ofan adverse
judgment.
scire facias ad audiendum errores (sl-ree fay-shee-ds
ad aw-dee-en-ddm e-ror-eez). [Law Latin "that you
cause to know to hear errors"] Hist. A common
law writ allowing a party who had assigned error to
compel the opposing party to plead . It was abol
ished in 1875.
scire facias ad disprobandum debitum (sl-ree fay
shee-ds ad dis-proh-ban-ddm deb-d-tdm). [Law Latin
"that you cause to know to disprove the debt"] Hist.
A writ allowing a defendant in a foreign attachment
against the plaintiff to disprove or avoid the debt recovered by the plaintiff, within a year and a day
from the time of payment.
scire facias ad rehabendam terram (sl-ree fay
shee-ds ad re-hd-ben-ddm ter-dm), n. [Law Latin
"that you cause to know to recover the land"] Hist.
A writ allowing a judgment debtor to recover lands
taken in execution after the debtor has satisfied the
judgment.
scire facias quare restitutionem non (Sl-ree fay-shee-ds
kwair-ee res-td-t[y]oo-shee-oh-ndm non), n. [Law
Latin "that you cause to know why (there is not) resti
tution"] Hist. A writ for restitution after an execution
on a judgment is levied but not paid and the judgment
is later reversed on appeal.
scire facias sur mortgage (sl-ree fay-shee-ds Sdr
mor-gij), n. [Law Latin "that you cause to know on
mortgage"] Hist. A writ ordering a defaulting mort
gagor to show cause why the mortgage should not be
foreclosed and the property sold in execution. [Cases:
Mortgages C=>388.]
scire facias sur municipal claim (SI-ree fay-shee-ds Sdr
myoo-nis-d-pdl klaym), n. [Law Latin "that you cause
to know on municipal claim"] Hist. A writ compelling
the payment ofa municipal claim out ofthe property
to which a municipal lien is attached.
scire feci (sl-ree fee-SIlo [Latin "I have caused to know"]
Hist. The sheriff's return to a writ of scire facias, indi
cating that notice was given to the parties against whom
the writ was issued.
scire fieri inquiry (sl-ree fl-d-n), n. [Law Latin] Hist. A
writ to ascertain the location of a testator's property
from an executor, when the sheriff returned nulla bona
to a writ ofexecution fieri facias de bonis testatoris. See
FIERI FACIAS.
scite (SIt). [fr. Latin situs] Archaic. 1. A location; a site.
2. The site of a capital messuage. 3. A municipal ordi
nance. -Also termed site.
scofflaw (skof-law). (1924) 1. A person who treats the
law with contempt; esp., one who avoids various laws
that are not easily enforced <some scofflaws carry man
nequins in their cars in order to drive in the carpool
lane>. 2. Hist. A person who consumes illegally made
or obtained alcoholic beverages . This was the original
meaning.
scold, n. Hist. A person who regularly breaks the peace
by scolding people, increasing discord, and generally
being a public nuisance to the neighborhood . This
behavior was formerly punishable in various ways,
including having an iron bridle fitted to the person's
mouth. -Also termed common scold; objurgatrix. See
BRANKS. [Cases: Criminal LawC=>45.25.]
scolding bridle. See BRANKS.
scope note. (1903) In a digest, a precis appearing after
a title and showing concisely what subject matter is
included and what is excluded.
"In the Century and Decennial Digests, though not in the
various digests of the Key-Number Series, there is printed

1465
immediately following each topic title a couple of para
graphs which are called the Scope-Note. The first para
graph of this scope-note shows very briefly the character
of the subject-matter included under the title. The second
paragraph shows the 'Exclusions' -i.e., what related
matter has been excluded in order to conform to the plan
of the Digest and directs the reader to the proper title
under which such related matter may be found. Conse
quently a little study of the scope-note will ofttimes repay
the searcher for a few moments' time consumed in so
doing." William M. Lile et aI., Brief Making and the Use of
Law Books 116 (3d ed. 1914).
scope ofa patent. Patents. The limits ofa patent's protec
tion, as defined by the allowed claims. [Cases: Patents
~165.]
scope of authority. (1805) Agency. The range of reason
able power that an agent has been delegated or might
foreseeably be delegated in carrying out the princi
pal's business. See SCOPE OF EMPLOYMENT; RESPON
DEAT SUPERIOR. [Cases: Principal and Agent
92-137.]
scope ofbusiness. The range ofactivities that are reason
ably necessary to operate a commercial venture suc
cessfully, as determined by the nature of the venture
and the activities of others engaged in the same occu
pation in the same area.
scope ofemployment, (1836) The range of reasonable and
foreseeable activities that an employee engages in while
carrying out the employer's business; the field of action
in which a servant is authorized to act in the master
servant relationship. See RESPONDEAT SUPERIOR. Cf.
COURSE OF EMPLOYMENT; ZONE OF EMPLOYMENT.
[Cases: Labor and Employment ~2769, 3044.]
scope-of-work clause. A contractual provision that
highlights in summary fashion what work is to be per
formed under the contract.
scorched-earth defense. Corporations. An antitake
over tactic by which a target corporation sells its most


scorched-earth defense. Corporations. An antitake
over tactic by which a target corporation sells its most
valuable assets or divisions in order to reduce its value
after acquisition and thus try to defeat a hostile bidder's
tender offer. Cf. CROWN-JEWEL DEFENSE; PAC-MAN
DEFENSE.
S corporation. See CORPORATION.
scot. Hist. A payment; esp., a customary tax.
soul scot. Hist. Eccles. law. See MORTUARY. Also
written soul shot.
scotal (skot-~I). Hist. An extortionary practice by which
forest officers forced people to patronize the officers'
alehouses, often in exchange for the officers' ignoring
forest offenses. _ This practice was prohibited in 1217
by the Charter of the Forest, ch. 7. Also spelled
scotale (skot-ayl).
scot and lot. Hist. 1. The customary payment of a share
of taxes based on one's ability. 2. A municipal tax on
the right to vote.
Scotch marriage. See MARRIAGE (1).
Scotch verdict. See NOT PROVEN. scripto veljuramento
scottare (sb-tair-ee), vb. [Law Latin] Hist. To pay a
tax.
SCPA. abbr. SEMICONDUCTOR CHIP PROTECTION ACT.
scrambling possession. See POSSESSION.
scrap value. See salvage value under VALUE (2).
scratch-and-dent loan. See LOAN.
scratching the ticket. A party member's rejection of a
candidate on a regular party ticket by canceling the
ca ndidate' s name or by voting for one or more nominees
of the opposing political party.
scrawL See SCROLL (3).
screening committee. See COMMITTEE.
screening grand jury. See GRAND JURY.
screening mechanism. See ETHICAL WALL.
screen-scraping, n. Intellectual property. The practice
ofextracting data directly from one website and dis
playing it on another website. -The source website's
database is not used only the display. Screen-scrap
ing may infringe the extracted website-owner's copy
right in the contents. screen-scrape, vb.
scriba (skrI-b~), n. [Latin] Roman law. A court or office
clerk; a scribe; a secretary . In England, the scriba regis
was the king's secretary. Cf. NOTARIUS.
scribe. See SECRETARY (3).
scribere est agere (skrI-bJ-ree est aj-J-ree). [Latin] Hist.
To write is to act.
"But now it seems clearly to be agreed. that, by the common
law and the statute of Edward III, words spoken amount
only to a high misdemeanor, and no treason. For they may
be spoken in heat, without any intention .... If the words
be set down in writing. it argues more deliberate inten
tion; and it has been held that writing is an overt act of
treason; for scribere est agere. But even in this case the
bare words are not the treason, but the deliberate act of
writing them." 4 William Blackstone, Commentaries on the
Laws ofEng/and 80 (1769).
Scribes. See AMERICAN SOCIETY OF WRITERS ON LEGAL
SUBJECTS.
scrip.(lSc) 1. A document that entitles the holder to
receive something ofvalue. See LAND SCRIP. 2. Money,
esp. paper money, that is issued for temporary use.
Internet scrip. 1. Value that may be exchanged over
the Internet but may not be exchanged for money.
Internet scrip is analogous to coupons or bonus points
that can be exchanged by a consumer for goods or
services but that have no cash value. 2. See e-money
under MONEY. Also termed online scrip.
on-line scrip. See Internet scrip.
scrip dividend. See DIVIDEND.
script. (I4c) L An original or principal writing. 2. Hand
writing.
scripto (skrip-toh). [Latin] Hist. By writing.
scripto vel juramento (skrip-toh vel juur-J-men-toh).
[Law Latin] Hist. By writ or oath. _ The phrase appeared
in reference to the mode of proof required in certain
cases.

1466 scriptum indentatum
scriptum indentatum (sicrip-t;)m in-den-tay-t;)m). [Law
Latin "indented writing"] Hist. An indenture.
scrivarius. Law Latin. A notary public.
scrivener (skriv-[;)]-n;)r). (14c) A writer; esp., a profes
sional drafter ofcontracts or other documents.
money scrivener. See MO~EY SCRIVENER.
scrivener's error. See clerical error under ERROR (2).
scrivener's exception. (1978) An exemption from the
attorney-client privilege whereby the privilege does
not attach ifthe attorney is retained solely to perform
a ministerial task for the client, such as preparing a
statutory-form deed. [Cases: Privileged Communica
tions and Confidentiality ~129, 131.]
scroll, n. (ISc) 1. A roll of paper, esp. one containing a
writing; a list. 2. A draft or outline to be completed at
a later time. 3. A written mark; esp., a character affixed
to a signature in place ofa seal. -Also termed (in sense
3) scrawl.
Scroops's Inn. See SERJEANT'S INN.
scrnet-roll (skroo-;)t-rohl). Hist. The record of bail
accepted in a habeas corpus case.
scrutator (skroo-tay-taf), n. [Latin ff. scrutari "to search"]
Hist. A bailiff Of officer who enforces the king's water
rights, as by supervising wreckage, flotsam, and jetsam;
a customs officer.
S.Ct. abbr. 1. SUPREME COURT. 2. Supreme Court
Reporter.
scutage (skyoo-tij), n. [fro Latin scutum "a shield"] Hist.
1. A monetary payment levied by the king on barons as
a substitute for some or all ofthe knights to be supplied
to the king by each baron . This payment seems to date
from the 12th century, Henry II (1154-1189) haVing
levied five scutages in the first 11 years ofhis reign. 2.
A fee paid by a tenant-in-chiefby knight-service in lieu
ofserving in a war. 3. A tax on a knight's estate to help
furnish the army. Also termed escuage.
"Scutage ... Shieldmoney, in mediaeval feudal law, a
payment in lieu of military service, paid by a tenantin
chief in respect of the service of knights which he owed
to the Crown. His personal obligation to serve could not
be discharged by scutage but only by fine. Payment of
scutage, though known in France and Germany, was most
highly developed in England where it became a general tax
on knights' estates at rates which by the thirteenth century
were standardized. King John demanded frequent and
heavy scutages and Magna Carta forbade the levying of
scutage Without the consent of a general council. Scutage
was diVided between the King and the tenants-inchief who
gave personal service in the campaign. It became obsolete
by the fourteenth century." David M. Walker, The Oxford
Companion to Law 1121 (1980).
scutagio habendo. See DE SCUTAGIO HABENDO.
scyra (shy-r;), n. [Law Latin "shire"] Hist. 1. A county;
shire. 2. A county's inhabitants.
S.D. abbr. Southern District, in reference to U.S. judicial
districts.
sid b/l. abbr. Sight draft with bill oflading attached. See
sight draft under DRAFT. S.E. abbr. SOUTH EASTERK REPORTER.
sea. l. The ocean <on the sea>. 2. A large landlocked part
of the ocean; a large body of salt water smaller than a
regular ocean <the Mediterranean Sea>. 3. The ocean
swell <a rough sea>. 4. An extremely large or extended
quantity <a sea ofdocuments>.
free seas. See high seas.
high seas. The seas or oceans beyond the jurisdiction
ofany country. _ Under traditional international law,
the high seas began 3 miles from the coast; today the
distance is generally accepted as 12 miles. Under the
1982 U.N. Convention on the Law ofthe Sea, coastal
shores now have a 200-mile exclusive economic
zone. Also termed free seas; open seas; main sea.
[Cases: Criminal Law (;:;::::>97(3); International Law
C=-S,7.]
main sea. Archaic. The open ocean; high seas.
navigable sea. See NAVIGABLE SEA.
open seas. See high seas.
territorial sea. See territorial waters under WATER.
seabed. The sea floor; the ground underlying the ocean,
over which nations may assert sovereignty, esp. if
underlying their territorial waters.
sea brief. See SEA LETTER.
seagoiug vessel. See VESSEL.
seal, n. (Be) 1. A fastening that must be broken before
access can be obtained; esp., a device or substance
that joins two things, usu. making the seam impervi
ous. -Also termed common-law seal. 2. A piece of
wax, a wafer, or some other substance affixed to the
paper or other material on which a promise, release, or
conveyance is written, together with a recital or expres
sion of intention by which the promisor, releasor, or
grantor manifests that a piece ofwax, wafer, or other
substance is a seal. _ The purpose ofa seal is to secure
orprove authenticity. 3. A design embossed or stamped
on paper to authenticate, confirm, or attest; an impres
sion or sign that has legal consequence when applied to
an instrument. [Cases: Seals ~ 1.]
"The use ofthe seal in England seems to have begun after
the Norman Conquest, spreading from royalty and a few
of the nobility to those of lesser rank. Originally a seal
often consisted of wax bearing the imprint of an individu
alized signet ring, and in the seventeenth century Lord
Coke said that wax without impression was not a seal. But
in the United States the courts have not required either
wax or impression. Impressions directly on the paper were
recognized early and are still common for notarial and
corporate seals, and gummed wafers have been widely
used. In the absence of statute decisions have divided on
the effectiveness of the written or printed word 'seal,' the
printed initials 'L.S: (locus Sigilli, meaning place of the
seal), a scrawl made with a pen (often called a 'scroll')
and a recital of sealing. Most states in which the seal is
still recognized now have statutes giving effect to one or
more such devices." Restatement (Second) of Contracts
 96 emt. a (1979).
"The timehonoured form of seal was a blob of wax at the
foot of the document, bearing an imprint of some kind,
often a crest or motto. The use of wax was not, however,
necessary for a seal. and any mark or impression on the

1467
paper was sufficient as long as it was made with the inten
tion of affixing a seal. Recent English cases have been
willing to find the necessary intention in circumstances
where courts in the past would almost certainly have
declined; so much so that it may now be the common law
that a document purporting to be executed as a deed but
lacking actual sealing will be regarded as sealed as long
as it contains a printed or written indication of where the
mark or impression constituting the seal should be placed
if it were to be affixed." Peter Butt, Land Law 481-82 (2d
ed,1988).
corporate seal. (I8c) A seal adopted by a corporation
for executing and authenticating its corporate and
legal instruments. [Cases: Corporations (,':,'::)51.]
great seal. 1. The official seal of the United States, of
which the Secretary ofState is the custodian. -Also
termed seal ofthe United States. [Cases: United States
(::::::5.5.] 2. The official seal of a particular state.
Also termed seal ofthe state; state seal. [Cases: States
(:::-;:,23.] 3. The official seal of Great Britain, of which
the Lord Chancellor is the custodian.
notary seal. See NOTARY SEAL
private seal. (l6c) A corporate or individual seal, as dis
tinguished from a public seaL [Cases: Seals
public seal. (16c) A seal used to certify documents
belonging to a public authority or government
bureau.
quarter seal. A seal (originally a quarter section ofthe
great seal) maintained in the Scotch chancery to be
used on particular grants from the Crown. See great
seal (3).
seal ofthe state. See great seal (2).
seal ofthe United States. See great seal (1).
state seal. See great seal (2).
wafer seal. A plastic or paper disk, usu. red or gold,
affixed to a legal document as a substitute for a wax
seal. _ Wafers are more common in the U.K. than in
the U.S. Sometimes shortened to wafer.
seal, vb. (14c) 1. To authenticate or execute (a document)
by use ofa seaL 2. To close (an envelope, etc.) tightly; to
prevent access to (a document, record, etc.).
sealed and delivered. See SIGNED, SEALED, AND DELIV
ERED.
sea lane. Int'l & maritime law. A deSignated course or
regularly used route for ships, esp. in restricted waters
such as harbors and straits, _ Although sea lanes have
obvious safety advantages, they were long resisted by
sea captains, who saw them as a threat to their freedom
to navigate.
sea law. See MARITIME LAW


sea captains, who saw them as a threat to their freedom
to navigate.
sea law. See MARITIME LAW.
sealed bid. See BID (2).
sealed-container rule. (1961) Products liability. The prin
ciple that a seller is not liable for a defective product if
the seller receives the product from the manufacturer
and sells it without knowing of the defect or having a
reasonable opportunity to inspect the product. [Cases:
Products Liability (:::::: 168, 175; Sales (::::::430.J seal of cause
sealed contract. See contract under seal under
CONTRACT.
sealed instrument. (17c) At common law and under
some statutes, an instrument to which the bound party
has affixed a personal seal, usu. recognized as providing
indisputable evidence ofthe validity ofthe underlying
obligations. -The common-law distinction between
sealed and unsealed instruments has been abolished
by many states, and the UCC proVides that the laws
applicable to sealed instruments do not apply to con
tracts for the sale of goods or negotiable instruments.
UCC  2-203. See contract under seal under CONTRACT.
[Cases: Contracts G~36; Seals (::::::, 1.]
"At common law, the seal served to render documents
indisputable as to the terms of the underlying obligation,
thereby dispensing with the necessity of witnesses; the
sealed instrument was considered such reliable evidence
that it actually became the contract itself called a'spe
cialty' the loss of which meant loss of all rights of the
obligee against the obligor. The seal also had many other
consequences at common law, some of which have been
retained in jurisdictions which still recognize the seal. , , .
In states where the seal is still recognized, its primary legal
significance is often the application of a longer statute of
limitations to actions on sealed instruments." 69 Am. Jur.
2d Seals  2, at 617-18 (1993).
"In medieval England a wax seal may have performed [the
functions of a formality] tolerably well, But in the United
States few people owned or used a seal and the ritual
deteriorated to the point that wax was dispensed with
and printing houses decorated the signature lines of their
standard forms with the printed letters 'L.S.' for locus sigilli
(place of the sea\), Perfunctory invocation of the rules for
sealed documents called into question the seal's utility
in making promises enforceable," E, Allan Farnsworth,
Changing Your Mind: The Law of Regretted Decisions 46
(l998).
sealed-record statute. See CONFIDENTIALITY STATUTE.
sealed testament. See mystic will under WILL.
sealed verdict. See VERDICT.
sealed will. See mystic will under WILL.
sealetter. Hist. A manifest issued during a war by author
ities ofa port where a neutral vessel is fitted, certifying
the vessel's nationality, specifying the nature of and
destination of the vessel's cargo, and allOWing the vessel
to sail under the neutral flag ofits owner. -The last sea
letter was issued at the Port of New York in 1806, and
the use of sea letters was discontinued by proclama
tion of President James Madison. -Also spelled sea-
letter. Also termed sea brief; sea pass; passport.
"Our laws require masters of vessels, on entering a port
for traffic, to lodge with the consul their registers, sea
letters, and passports ...." Theodore D. Woolsey, Intro
duction to the Study ofInternational Law 161-62 (5th
ed. 1878).
sealing ofrecords. (1953) The act or practice ofoffiCially
preventing access to particular (esp. juvenile-criminal)
records, in the absence of a court order. Cf. EXPUNGE
ME~T OF RECORD. [Cases: Records (;:::'32.]
seal of cause. Scots law. The seal of a burgh court, by
which a royal burgh could, consistently with its charter
powers, create a subordinate corporation by charter.

1468 seal of the state
The seal of cause was most commonly used to create
charitable corporations and craft guilds.
seal of the state. See great seal (2) under SEAL.
seal of the United States. See great seal (1) under SEAL.
seaman. Maritime law. Under the Jones Act and the
Longshore and Harbor Workers' Compensation Act,
a person who is attached to a navigating vessel as an
employee below the rank of officer and contributes to
the function of the vessel or the accomplishment of
its mission . Seamen's are covered under the
Jones Act and the general maritime law. Also termed
crew member; mariner; member ofa crew. See JONES
ACT. Cf. STEVEDORE. [Cases: Seamen
'The Jones Act plaintiff must be a 'seaman' who is injured
(or killed) 'in the course of his employment.' The 'course
of ... employment' requirement at least excluded pas
sengers, guests, trespassers, pirates (unless of course
the pirate was suing his own employer) and so on. Who
else might be excluded (or included) was, as a matter of
initial construction, impossible to say. After a half-century
of litigation the answer to the riddle is not apparent. The
Supreme Court has alternated between giving the term
'seaman' an exceedingly broad construction and giving it
a much narrower one. Consequently defendants have been
encouraged to argue, in all but the most obvious cases,
that plaintiff is not aJones Act seaman and that the action
must be dismissed. Thus there has always been, there
continues to be, and presumably there will go on being a
substantial volume of depressing litigation of this type."
Grant Gilmore & Charles L. BlackJr., The Law ofAdmiralty
 6-21, at 328 (2d ed. 1975).
"The traditional seaman is a member of the crew of a
merchant vessel .. , . However, vessels are not limited in
their functions to the transportation of goods over water.
The performance by a vessel of some other mission, such
as operating as a cruise ship, necessitates the presence
aboard ship of employees who do not 'man, reef and steer'
the vessel .... Exploration for oil and gas on navigable
waters has led to further expansion of the concept of a
'seaman.' In 1959, in the celebrated case of Offshore Oil Co.
v. Robinson, 266 F.2d 769 (5th Cir, 1959), the Fifth Circuit
held that floating drilling structures are 'vessels' and that
the amphibious oil workers aboard them are entitled to the
seaman's remedies against their employers and the opera
tors of the 'vessels' on which they are employed." Frank l.
Maraist, Admiralty in a NutsheJl178-80 (2d ed. 1988).
able-bodied seaman. An experienced seaman who
is qualified for all seaman's duties and certified by
an inspecting authOrity. Abbr. AB; ABS. Also
termed able seaman; bluewater seaman. [Cases:
Seamen 11, 29.)
merchant seaman. A sailor employed by a private
vessel, as distinguished from one employed in public
or military service. [Cases: Seamen (;::;;>2.J
ordinary seaman. A seaman who has some experi
ence but who is not proficient enough to be classified
as an able-bodied seaman. Abbr. OS; OD. [Cases:
Seamen (;::;;> 11, 29.J
seaman's will. See soldier's will under WILL.
sea pass. See SEA LETTER.
search, n. (14c) 1. Criminal procedure. An examination of
a person's body, property, or other area that the person
would reasonably be expected to consider as private,
conducted by a law-enforcement officer for the purpose offinding evidence of a crime . Because the Fourth
Amendment prohibits unreasonable searches (as well
as seizures), a search cannot ordinarily be conducted
without probable cause. [Cases: Searches and Seizures
(:;::, 13.]
"It must be recognized that whenever a police officer
accosts an indiVidual and restrains his freedom to walk
away, he has 'seized' that person, And it is nothing less
than sheer torture of the English language to suggest that
a careful exploration of the outer surfaces of a person's
clothing all over his or her body in an attempt to find
weapons is not a 'search.'" Terry v. Ohio, 392 U.S. 1, 16,
88 S.Ct. 1868, 1877 (1968) (Warren, j.).
administrative search. (1963) A search of public or
commercial premises carried out by a regulatory
authority to enforce compliance with health, safety,
or security regulations. -The probable cause required
for an administrative search is less stringent than that
required for a search incident to a criminal investi
gation. -Also termed regulatory search; inspection
search. [Cases: Searches and Seizures (;::;-79.J
border search. (1922) 1. A search conducted at the
border of a country, esp. at a checkpoint, to exclude
illegal aliens and contraband. [Cases: Aliens, Immi
gration, and Citizenship (;::;;>440-446; Customs
Duties (;::;;> 126(1).J
"[W)arrantless searches and seizures conducted at national
boundaries are permitted under the general authority of
the United States to ensure the integrity of its borders. As
the Supreme court stated in Carroll v. United States, such
activity ensures 'national self-protection reasonably requir
ing one entering the country to identify himself as entitled
to come in, and his belongings as effects which may be
lawfully brought in.' [267 U.S. 132, 154,45 S.Ct. 280, 285
(1925).] Thus, the right to remain silent and protect one's
personal belongings from government intrusion, normally
afforded constitutional protection, are surrendered at
the border." Charles H. Whitebread. Criminal Procedure
 12.02, at 227 (1980).
2. Loosely, a search conducted near the border of a
country. Generally, searches near the U.S. border
are treated no differently from those conducted else
where in the country.
checkpOint search. (1973) 1. A search anywhere on
a military installation. 2. A search in which police
officers set up roadblocks and stop motorists to ascer
tain whether the drivers are intoxicated. [Cases: Auto
mobiles (;::;;>349(9).]
Chimel search. See protective search.
consent search. (1965) A search conducted after a
person with the authority to do so voluntarily waives
Fourth Amendment rights . The government has the
burden to show that the consent was given freely
not under duress. Bumper v. North Carolina, 391
U.S. 543, 548-49, 88 S.Ct. 1788, 1792 (1968). Also
termed consensual search. [Cases: Searches and
Seizures (;::;;> 171-186.J
'The voluntariness of a consent to search is 'to be deter
mined from the totality of all the circumstances.' [Schneck
loth v. Bustamante, 412 U.S. 218, 93 S.Ct. 2041 (1973).]
Among the factors to be considered in determining the
effectiveness of an alleged consent to search are whether
the defendant (1) has minimal schooling or was of low

1469
intelligence; (2) was mentally ill or intoxicated; (3) was
under arrest at the time the consent was given; (4) was
overpowered by officers, handcuffed, or similarly subject
to physical restriction; (5) has seized from him by the
police the keys to the premises thereafter searched; (6)
employed evasive conduct or attempted to mislead the
police; (7) denied guilt or the presence of any incriminatory
objects in his premises; (8) earlier gave a valid confession
or otherwise cooperated, as by instigating the search, or
at least the investigation leading to the search; (9) was
hesitant in agreeing to the search; or (10) was refused his
request to consult with counsel. The presence of some
of these factors is not controlling, however, as each case
must stand or fall on its own special facts."Jerold H.lsrael
& Wayne R. LaFave, Criminal Procedure in a Nutshell 141-42
(5th ed. 1993).
constructive search. A subpoena of a corporation's
records.
"[I]t is settled that the so-called 'constructive search'
involved in an administrative subpoena of corporate
books or records constitutes a 'search' or 'seizure' within
the meaning of the Fourth Amendment." 68 Am. Jur. 2d
Searches and Seizures  44, at 674 (1993).
emergency search. (1971) A warrantless search con
ducted by a police officer who has probable cause and
reasonably believes that, because ofa need to protect
life or property, there is not enough time to obtain
a warrant. See EMERGENCY DOCTRINE (3). [Cases:
Searches and Seizures
exigent search (eks-;:l-j;:lnt). (1974) A warrantless search
carried out under exigent circumstances, such as
an imminent danger to human life or a risk of the
destruction of evidence. See exigent circumstances
under CIRCUMSTANCE. [Cases: Controlled Substances
105, 114, 123, 130; Searches and Seizures
42.]
illegal search. See unreasonable search.
inventory search. (1966) A complete search of an arrest
ee's person before that person is booked into jail.  All
possessions found are typically held in police custody.
[Cases: Automobiles ~'J349.5(12); Controlled Sub
stances (;=117; Searches


ases: Automobiles ~'J349.5(12); Controlled Sub
stances (;=117; Searches and Seizures (;=58.]
no-knock search. (1970) A search of property by the
police without knocking and announcing their
presence and purpose before entry. A no-knock
search warrant may be issued under limited cir
cumstances, as when a prior announcement would
probably lead to the destruction of the objects searched
for, or would endanger the safety of the police or
another person. [Cases: Searches and Seizures
143.1; Controlled Substances 153.]
private search. A search conducted by a private person
rather than by a law-enforcement officer . Items
found during a private search are generally admis
sible in evidence ifthe person conducting the search
was not acting at the direction of a law-enforcement
officer. [Cases: Searches and Seizures (;=33.J
protective search. (1967) A search of a detained suspect
and the area within the suspect's immediate control,
conducted to protect the arresting officer's safety
(as from a concealed weapon) and often to preserve
evidence . A protective search can be conducted search of patentability
without a warrant. Chimel v. California, 395 U.S. 752,
89 S.Ct. 2034 (1969). Also termed search incident to
arrest; Chimel search (sh;:l-mel). [Cases: Arrest (;:::)63,
63.5(8); Searches and Seizures (;=70.]
regulatory search. See administrative search.
search incident to arrest. See protective search.
sector search. See zone search.
shakedown search. (1952) A usu. unannounced and
warrantless search for illicit or contraband material
(such as weapons or drugs) in a prisoner's cell.
Often shortened to shakedown. [Cases: Prisons
134.J
strip search. (1955) A search of a person conducted after
that person's clothes have been removed, the purpose
usu. being to find any contraband the person might be
I hiding. [Cases: Controlled Substances 126.]
I
unreasonable search. (18c) A search conducted without
probable cause or other considerations that would
make it legally permissible. -Also termed illegal ,
I search.
voluntary search. (1936) A search in which no duress
or coercion was applied to obtain the defendant's
consent. See consent search.
warranted search. (1968) A search conducted under
authority of a search warrant. [Cases: Searches and
Seizures (;=141.]
warrantless search. (1950) A search conducted without
obtaining a proper warrant.  Warrantless searches
are permissible under exigent circumstances or when
conducted incident to an arrest. See exigent circum
stances under CIRCUMSTANCE; protective search.
Arrest (;=71.1(1); Searches and Seizures
42.1.]
zone search. A search of a crime scene (such as the
scene of a fire or explosion) by dividing it up into
specific sectors. -Also termed sector search.
2. An examination of public documents or records
for information; esp., TITLE SEARCH. 3. Int'llaw.
The wartime process of boarding and examining
the contents of a merchant vessel for contraband .
A number of treaties regulate the manner in which
the search must be conducted. See RIGHT OF SEARCH.
[Cases: War and National Emergency (::=>20.]
search-and-seizure warrant. See SEARCH WARRANT.
search book. (1912) A lawbook that contains no state
ments of the law but instead consists of lists or tables
of cases, statutes, and the like, used simply to help a
resean:her find the law. Most indexes, other than
index-digests, are search books.
search committee. See COMMITTEE.
search incident to arrest. See protective search under
SEARCH.
search of patentability. See PATENTABILITY SEARCH.

1470 search report
search report. Patents. A list of prior-art documents
cited by the patent examiner during the patent appli
cation's preliminary examination.
search warrant. (18c) Criminal law. A judge's written
order authorizing a law-enforcement officer to conduct
a search ofa specified place and to seize evidence. See
Fed. R. Crim. P. 41. -A\so termed search-and-sei
zure warrant. See WARRANT (1). [Cases: Searches and
Seizures (;~,101.]
anticipatory search warrant. (1912) A search warrant
based on an affidavit showing probable cause that
evidence of a certain crime (such as illegal drugs)
will be located at a specific place in the future. [Cases:
Searches and Seizures (;::::::-122.]
blanket search warrant. (1921) 1. A single search
warrant that authorizes the search ofmore than one
area. 2. An unconstitutional warrant that authorizes
the seizure of everything found at a given location,
without specifying which items may be seized.
covert-entry search warrant. A warrant authorizing
law-enforcement officers to clandestinely enter private
premises in the absence of the owner or occupant
without prior notice, and to search the premises
and collect intangible evidence, esp. photographs
and eyewitness information. -Although previously
used in federal criminal investigations, these types
of warrants were first given express statutory author
ity by the USA Patriot Act. 18 USCA  3103a. Infor
mation gathered while a sneak-and-peek
warrant can later be used to support a search warrant
under which physical evidence can be seized. -Also
termed sneak-and-peek search warrant; surreptitious
entry search warrant. lCases: Searches and Seizures
(;::) 143.1.J
no-knock search warrant. (1972) A search warrant
that authorizes the police to enter premises without
knocking and announcing their presence and purpose
before entry because a prior announcement would
lead to the destruction of the objects searched for or
would endanger the safety of the police or another
person. Cf. KNOCK-AND-ANNOUNCE RULE .[Cases:
Searches and Seizures (;:::: 143.1.]
sneak-and-peek search warrant. See covert-entry
search warrant
surreptitious-entry search warrant. See covert-entry
search warrant.
search-warrant affidavit. See AFFIDAVIT.
sea reeve (see reev). Hist. An officer appointed to watch
the shore and enforce a lord's maritime rights, includ
ing the right to wreckage.
sea rover. 1. A person who roves the sea for plunder; a
pirate. 2. A pirate vessel.
Sears-Compco doctrine. The principle that Congress,
by passing copyright, trademark, and patent laws, has
preempted some state-law protection of information
that is not protected by those statutes. Sears, Roebuck
& Co. v. Stiffel Co., 376 U.S. 225, 84 S.Ct. 784 (1964); Compco Corp. v. Day-Brite Lighting, Inc., 376 U.S. 234,
84 S.Ct. 779 (1964). The doctrine reflects a congres
sional policy decision that public access to informa
tion outweighs private economic incentives to collect
and disseminate it. Itlimits how far states may protect
against misappropriation. [Cases: Copyrights and
Intellectual Property (;:::: 109.]
seasonable, adj. (ISc) Within the time agreed on; within
a reasonable time <seasonable performance of the
contract>.
seasonal employment. See EMPLOYMENT.
seat, n. 1. Membership and privileges in an organiza
tion; esp., membership on a securities or commodities
exchange <her seat at the exchange dates back to 1998>.
[Cases: Exchanges(r~7.]2. The center ofsome activity
<the seat ofgovernment>.
seated land. See LAND.
seat of government. The nation's capital, a state capital,
a county "eat, or other location where the principal
offices of the national, state, and local governments are
located. [Cases: Counties (;::::;27; States
seaward. See CUSTOS MARIS.
seaworthy, adj. (Of a vessel) properly equipped and suf
ficiently strong and tight to resist the perils reasonably
incident to the voyage for which the vesseJ is insured.
_ An implied condition ofmarine-insurance policies,
unless otherwise stated, is that the vessel will be sea
worthy. [Cases: Seamen (;:::>9; Shipping (;:::>80,121.]
seaworthiness, n.
seaworthy vessel. See VESSEL.
sec. abbr. 1. (all cap.) SECURITIES AND EXCHANGE COM
MISSION. 2. Section. See SECTION (1).
secession. The process or act of withdrawing, esp. from
a religiOUS or politicaJ association <the secession from
the established church> <the secession of 11 states at
the time ofthe Civil War>.
seck (sek), adj. Hist. 1. Lacking the right or remedy of
distress. 2. Lacking profits, usu. due to a reversion
without rent or other service. See RENT SECK.
second, n. Parliamentary law. 1. A statement by a member
other than a motion's maker that the member also
wants the assembly to consider the motion <Is there a
second to the motion?>. 2. Criminal law. A person who
directs, assists, or supports another engaged in a duel.
See DUEL (2). second, vb.
Second Amendment. The constitutional amendment,
ratified with the Bill of Rights in 1791, guaranteeing the
right to keep and bear arms as necessary for securing
freedom through a well-regulated militia. See RIGHT
TO BEAR ARMS. [Cases; Weapons (;:::> 1.]
secondary, adj. (14c) (Of a position, status, use, etc.) sub
ordinate or subsequent.
secondary, n. Hist. An officer of the courts ofthe King's
Bench and common pleas, so called because he was next
to the chief officer . By the Superior Courts (Officers)

1471 secondary term
Act (1837), the secondary office was abolished. St. 7
WilL 4; 1 Vict., ch. 30.
secondary abuse. See ABDSE.
secondary activity. Labor law. A union's picketing or
boycotting of a secondary or neutral party, with the
goal ofplacing economic pressure on that party so that
it will stop doing business with the employer that is the
primary subject ofthe labor dispute . Secondaryactiv
ities are forbidden by the Labor-Management Relations
Act. 29 USCA  158(b)(4). See secondary boycott under
BOYCOTT; secondary picketing under PICKETING. Cf.
PRIMARY ACTIVITY. [Cases: Labor and Employment
C-::> 1411, 1412.]
secondary affinity. See AFFINITY.
secondary amendment. See AMENDMENT (3).
secondary assumption ofrisk. See ASSUMPTION OF THE
RISK.
secondary authority. See AUTHORITY (4).
secondary beneficiary. See contingent beneficiary (2)
under BENEFICIARY.
secondary boycott. See BOYCOTT.
secondary consideration. See SECONDARY FACTOR.
secondary conveyance. See CONVEYANCE.
secondary creditor. See CREDITOR.
secondary devise. See alternative devise under DEVISE.
secondary distribution. See DISTRIBUTION.
secondary easement. See EASEMENT.
secondary-effects test. A court's analysis ofa regulation
affecting free-speech interests to determine whether
it is actually intended to diminish or eliminate an
indirect harm flowing from the regulated expression.
 The test is used to distinguish content-specific regula
tion from content-neutral regulation. A regulation that
is facially content-specific may be treated as content
neutral if its purpose is to diminish or eliminate a sec
ondary effect ofthe speech, such as a zoning regulation
for adult theaters when it is intended to limit crime. The
test was first enunciated in City ofRenton v. Playtime
7heatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986). [Cases:
Constitutional Law (:::::>2213.]
secondary enforcement. See secondary right under
RIGHT.
secondary evidence. See EVIDENCE.
secondary factor. (usu. pl.) Patents. Objective evidence
that courts consider in determining a patent claim's
nonobviousness . Secondary factors include "com
mercial success, long-felt but unsolved need, failure of
others, and unexpected results." Graham v. John Deere
Co., 383 US. 1, 17-18 (1966). -Also termed secondary
consideration. [Cases: Patents (:::::> 36.1.]
secondary insured. See additional insured under
INSURED.
secondary insurer. See excess insurer under INSURER. secondary invention. Patents. An invention that uses
or incorporates established elements or combinations
to achieve a new and useful result. [Cases: Patents
174.)
secondary lender. A wholesale mortgage buyer who pur
chases first mortgages from banks and savings-and
loan associations, enabling them to restock their money
supply and loan more money.
secondary liability. See LIABILITY.
secondary-line competition. See vertical competition
under COMPETITION.
secondary-line injury. Antitrust. Under the price-dis
crimination provisions of the Robinson -Patman Act,
the act of hindering or seeking to hinder competition
among a seller's customers by selling substantially the
same products at favorable prices to one customer, or a