-prilm), n. [Latin] Roman & civil law.
Disgrace by unchastity; a man's illegal sexual inter
course with a woman, usu. a virgin or widow, or with
a male (pederasty). PI. stupra.
"The law refers to stuprum and adultery indiscriminately
and with rather a misuse of terms. But properly speaking
adultery is committed with a married woman, the name
being derived from children conceived by another (alter);
stuprum, however, is committed against a virgin or a
widow; the Greeks call it corruption." Digest ofJustinian
48.5.6.1 (Papinian, De Adulteriis 1).
STY. See single transferable vote under VOTE (1).
style, n. 1. A case name or designation <the style of the
opinion is Connor v. Gray>. -Also termed title. Cf.
CAPTION (1). 2. Scots law. A form of writ or deed used
in conveyancing. _ A book of styles is essentially a
formbook; a typical Scottish example is John Hendry'S
Styles ofDeeds and Instruments (2d ed. 1862).
stylized drawing. See special-form drawing under
DRAWING.
s.u. abbr. Straight up. -When a prosecutor writes this
on a defendant's file. it usu. means that the prosecu
tor plans to try the case -that is, not enter into a plea
bargain.
suable, adj. (17c) 1. Capable of being sued <a suable
party>. [Cases: Action ~14; Parties (::=>21.]2. Capable
ofbeing enforced <a suable contract>. suability, n.
sua potestas (s[yloo-a pa-tes-tils or -tas). [Latin] Hist. The
natural power that one has over oneself.
suapte natura (s[y]oo-ap-tee nil-t[y]oor-<l). [Latin] In its
own nature as in suapte natura sterilia ("barren of
its own nature").
sua sponte (s[y]OO-il spon-tee). [Latin "of one's own
accord; voluntarily"] Without prompting or suggestion;
on its own motion <the court took notice sua sponte
that it lacked jurisdiction over the case>.
sub (sab). [Latin] Under; upon.
sub. See subsidiary corporation under CORPORATION.
subagent. See AGENT (2).
subaltern (s<lb-awl-tarn), n. An inferior or subordinate
officer.
subassignee. See ASSIGNEE.
sub ballivus (silb ba-h-vas), n. [Law Latin] Hist. An
undersheriff; a sheriff's deputy. See BAILIWICK.
subcbapter-C corporation. See C corporation under
CORPORATION.
subchapter-S corporation. See Scorporation under COR
PORATION. sub colore juris (silb b-Ior-ee joor-is). [Latin] Under
color of right; under an appearance of right.
sub colore officii (sab ka-lor-ee il-fish-ee-I). [Law Latin)
His!. Under color ofoffice.
subcombination claim. See PATENT CLAIM.
subcommittee. See COMMITTEE.
sub conditione (s<lb kiln-dish-ee-oh-nee). [Law Latin]
Under condition. _ This term creates a condition in
a deed.
subcontract. See CONTRACT.
subcontractor. (1834) One who is awarded a portion
of an existing contract by a contractor, esp. a general
contractor. -For example, a contractor who builds
houses typically retains subcontractors to perform spe
cialty work such as installing plumbing. laying carpet,
making cabinetry, and landscaping -each subcontrac
tor is paid a somewhat lesser sum than the contractor
receives for the work. [Cases: Contracts 198.]
sub cura mariti (s<lb kyoor-a mil-rI-tI). [Law Latin] Hist.
Under the care ofone's husband.
sub cura uxoris (sab kyoor-il ilk-sor-is). [Law Latin] Hist.
Under the care ofone's wife.
sub curia (sab kyoor-ee-il). [Latin] Under law.
sub disjunctione (sab dis-jilngk-shee-oh-nee). [Latin] In
the alternative.
subditus (sab-dil-tils). [Latin] Hist. Someone under
another's power; a vassal.
subdivision, n. (15c) 1. The division of a thing into
smaller parts. 2. A parcel ofland in a larger develop
ment. subdivide, vb.
illegal subdivision. The division ofa tract ofland into
smaller parcels in violation oflocal subdivision regu
lations, as when a developer begins laying out streets,
installing sewer and utility lines, and constructing
houses without the local planning commission's
authorization. [Cases: Zoning and Planning
372.1.]
legal subdivision. The governmentally approved
division of a tract ofland into smaller parcels using
ordinary and legally recognized methods for sur
veying and platting land and publicly
the results. [Cases: Zoning and Planning
381.5.]
subdivision exaction. A charge that a community
imposes on a subdivider as a condition for permit
ting recordation of the subdivision map and sale of
the subdivided parcels. [Cases: Zoning and Planning
C=382.4.]
subdivision map. (1887) A map that shows how a parcel
ofland is to be divided into smaller lots, and generally
showing the layout and utilities. [Cases: Zoning and
Planning ~29.5, 245.]
sub domino (s<lb dom-il-noh). [Law Latin] His!. Under
a lord.
subfeudum (sab-fyoo-dam). [Law Latin] Hist. A subfee.

1561
subinfeudate (s<lb-in-fyoo-dayt), vb. Hist. (Of a subvas
sal) to grant land to another, who then holds the land
as the grantor's vassal rather than as the vassal of the
grantor's superior. Also termed subinfeud (s<lb-in
fyood).
"[AI more common method of obtaining the annual quota
of knights was to subinfeudate portions of the baronial
lands to individual knights in exchange for their obliga
tions to spend a fixed portion of time annually in the king's
or baron's service. A knight who so received a portion of
a baron's land would hold of his baron in much the same
way as the baron held ofthe king." Thomas F. Bergin & Paul I
G. Haskell, Preface to Estates in Land and Future Interests
4 (2d ed. 1984).
subinfeudation (sab-in-fyoo-day-shan), n. Hist. The
system under which the tenants in a feudal system
granted smaller estates to their tenants, who in turn did
the same from their pieces ofland. -As this system pro
ceeded down the social scale, the lords were deprived
of their feudal profits, as a result of which the system
was suppressed by the statute Quia Emptores in 1290.
Instead of subinfeudation, alienation in the modern
sense was introduced. Cf. INFEUDATION; SUPERINFEU
DATION.
"The first step taken in mitigation of the rigors of the law
of feuds, and in favor of voluntary alienations, was the
countenance given to the practice of subinfeudations. They
were calculated to elude the restraint upon alienation, and
consisted in carving out portions of the fief to be held of
the vassal by the same tenure with which he held of the
chief lord of the fee. The alienation prohibited by the feudal
law, all over Europe, was the substitution of a new feuda
tory in the place of the old one; but subinfeudation was a
feoffment by the tenant to hold of himself. The purchaser
became his vassal, and the vendor still continued liable to
the chief lord for all the feudal obligations. Subinfeudations
were encouraged by the subordinate feudatories, because
they contributed to their own power and independence; but
they were found to be injurious to the fruits of tenure, such
as reliefs, marriages and wardships, belonging to the para
mount lords." 4 James Kent, Commentaries on American
Law *443-44 (George Comstock ed., 11th ed. 1866).
subinfeudatory (sab-in-fyoo-d;Hor-ee), n, A tenant
holding lands by subinfeudation.
subjacent (sab-jay-sant), adj. (l6c) Located underneath
or below <the land's subjacent support>.
subjacent support. See SUPPORT (4).
subject, adj. Referred to above; having relevance to the
current discussion <the subject property was then sold
to Smith>.
subject, n. (14c) 1. One who owes allegiance to a sov
ereign and is governed by that sovereign's laws <the
monarchy'S subjects>.
"Speaking generally, we may say that the terms subject
and citizen are synonymous. Subjects and citizens are
alike those whose relation to the state is personal and not
merely territorial, permanent and not merely temporary.
This equivalent, however, is not absolute. For in the first
place, the term subject is commonly limited to monarchical
forms of government, while the term citizen is more spe
cially applicable in the case of republics. A British subject
becomes by naturalisation a citizen of the United States of
America or of France. In the second place, the term citizen
brings into prominence the rights and privileges of the
status, rather than its correlative obligations, while the
reverse is the case with the term subject. Finally it is to be subject-matter-neutral
noticed that the term subject is capable of a different and
wider application, in which it includes all members ofthe
body politic, whether they are citizens (i.e., subjects stricto
sensu) or resident aliens. All such persons are subjects, all
being subject to the power of the state and to its jurisdic
tion, and as owing to it, at least temporarily, fidelity and
obedience." John Salmond, Jurisprudence 133 (Glanville L.
Williams ed . 10th ed. 1947).
liege subject. See natural-born subject.
natural-born subject. A person born within the
dominion of a monarchy, esp. England, -Also
termed liege subject. Cf. NATIONAL.
2. The matter of concern over which something is
created <the subject of the statute>. Also termed (in
sense 2) subject matter.
subject, adj. Referred to above; haVing relevance to the
current discussion <the subject property was then sold
to Smith>.
subjection. (14c) 1. The act of subjecting someone to
something <their subjection to torture was unconscio
nable>. 2. The condition of a subject in a monarchy;
the obligations surrounding such a person <a subject,
wherever reSiding, owes fidelity and obedience to the
Crown, while an alien may be released at will from
all such ties of subjection>. 3. The condition of being
subject, exposed, or liable; liability <the defendants'
subjection to the plaintiffs became clear shortly after
the trial began>. -Also termed (in sense 3) liability;
susceptibility.
subjective, adj. (ISc) 1. Based on an individual's per
ceptions, feelings, or intentions, as opposed to exter
nally verifiable phenomena <the subjective theory
of contract -that the parties must have an actual
meeting of the minds -is not favored by most courts>.
2. Personal; individual <subjective judgments about
popular music>. Cf. OBJECTIVE.
subjective ethics. See MORAL RELATIVISM,
subjective impossibility. See IMPOSSIBILITY.
subjective meaning. See MEANING.
subjective method. See SHERMAN-SORRELLS DOC~
TRINE.
subjective novation. See NOVATION.
subjective standard. See STANDARD.
subjective theory of contract. (192S) The doctrine
(now largely outmoded) that a contract is an agree
ment in which the parties have a subjective meeting
of the minds. Often shortened to subjective theory.
See MEETING OF THE MINDS. Cf. OBJECTIVE THEORY OF
CONTRACT. [Cases: Contracts
subject matter. 06c) 1. The issue presented for consid
eration; the thing in which a right or duty has been
asserted; the thing in dispute. 2. PATENTABLE SUBJECT
MATTER. -Sometimes written (as a noun) subject
matter. See SUBJECT (2); CORPUS (1). -subject-matter,
adj.
subject-matter jurisdiction. See JURISDICTION.
subject-mauer-neutral. See NEUTRAL.

1562 subject-matter test
subject-matter test. (1974) A method of determining
whether an employee's communication with a corpora
tion's lawyer was made at the direction ofthe employ
ee's supervisors and in the course and scope of the
employee's employment, so as to be protected under
the attorney-client privilege, despite the fact that the
employee is not a member of the corporation's control
group. Harper & Row Pubs., Inc. v. Decker, 423 F.2d
487 (7th Cir. 1970), afT d per curiam by equally divided
Court, 400 U.S. 348, 91 S.Ct. 479 (1971). -Also termed
Decker test. Cf. CONTROL-GROUP TEST. [Cases: Privi
leged Communications and Confidentiality (;::::; 123.]
subject-matter waiver. See WAIVER (1).
subject of an action. The right or property at issue in a
lawsuit; the basis ofa legal claim. Cf. object ofan action
under OBJECT (2). [Cases: Action (;::::; 1.]
subject of a right. (1876) 1. The owner of a right; the
person in whom a legal right is vested


subject of a right. (1876) 1. The owner of a right; the
person in whom a legal right is vested. 2. OBJECT OF
A RIGHT.
subject to liability, adj. (Of a person) susceptible to a
lawsuit that would result in an adverse judgment;
specif., having engaged in conduct that would make
the actor liable for another's injury because the actor's
conduct is the legal cause of the injury, the injured
party having no disability for bringing the lawsuit.
[Cases: Action (;::::; 14.]
subject to open. (1906) Denoting the future interest of
a class ofpeople when this class is subject to a possible
increase or decrease in number.
sub judice (sdb joo-di-see also suub yoo-di-kay), adv.
[Latin "under a judge"] (17c) Before the court or judge
for determination; at bar <in the case sub judice, there
have been no out-of-court settlements> . Legal writers
sometimes use "case sub judice" where "the present
case" would be more comprehensible.
subjugation. See DEBELLATIO.
sublease, n. A lease by a lessee to a third party, convey
ing some or all ofthe leased property for a term shorter
than or equal to that ofthe lessee, who retains a rever
sion in the lease. -Also termed subtenancy; deriva
tive lease; and (esp. in England) underlease. [Cases:
Landlord and Tenant (;::::;80.] -sublease, sublet, vb.
sublessee. (1882) A third party who receives by lease
some or all ofthe leased property from a lessee. -Also
termed subtenant and (esp. in England) undertenant.
[Cases: Landlord and Tenant (;::::;80.]
sublessor. (1884) A lessee who leases some or all of the
leased property to a third party. -Also termed (esp.
in England) underlessor. [Cases: Landlord and Tenant
(;::::;80.]
sublicense. (1880) A license or contract granting to a
third party a portion or all ofthe rights granted to the
licensee under an original license.
submarine patent. See PATENT (3).
submission, n. (14c) 1. A yielding, or readiness to yield,
to the authority or will ofanother <his resistance ended
in an about-face: complete submission>. 2. A contract in which the parties agree to refer their dispute to a
third party for resolution <in their submission to arbi
tration, they referred to the rules of the American
Arbitration Association>. [Cases: Alternative Dispute
Resolution (;::::; 160-174.] 3. An advocate's argument
<neither the written nor the oral submissions were par
ticularly helpful>. -submit, vb.
submission bond. See BOND (2).
submission date. See DATE.
submission of controversy. 1. The completion of the
series ofacts by which the parties to a particular dispute
place any matter of real controversy existing between
them before a court with jurisdiction for a final deter
mination. 2. A statutory action in which the parties
submit their dispute to a court that has jurisdiction,
agree on and sign a statement of facts, swear that the
controversy is real, and swear that the suit is brought in
good faith. [Cases: Submission of Controversy (;::::; 1.]
submission to a finding. The admission to facts sufficient
to warrant a finding ofguilt. -Also termed admission
to sufficient facts.
submission to the jury. (1818) The process by which
a judge gives a case to the jury for its consideration
and verdict, usu. after all evidence has been presented,
arguments have been completed, and jury instructions
have been given.
submit, vb. To end the presentation offurther evidence
in (a case) and tender a legal position for decision <case
submitted, Your Honor>.
sub modo (sdb moh-doh). [Latin] Subject to a modifica
tion or qualification <the riparian landowner enjoys
the property sub modo, i.e., subject to the right of the
public to reserve enough space for levees, public roads,
and the like>.
submortgage. See MORTGAGE.
sub nomine (sdb nom-d-nee). [Latin] (1861) Under the
name of. This phrase, typically in abbreviated form,
is often used in a case citation to indicate that there
has been a name change from one stage of the case to
another, as in Guernsey Memorial Hosp. v. Secretary of
Health and Human Servs., 996 F.2d 830 (6th Cir. 1993),
rev'd sub nom. Shalala v. Guernsey Memorial Hosp., 514
U.S. 87, US S.Ct. 1232 (1995). -Abbr. sub nom.
subnotation. RESCRIPT (3).
subordinate (sd-bor-dd-nit), adj. (15c) 1. Placed in or
belonging to a lower rank, class, or position <a subor
dinate lien>. 2. Subject to another's authority or control
<a subordinate lawyer>.
subordinate (sd-bor-dd-nayt), vb. (17c) To place in a lower
rank, class, or position; to assign a lower priority to
<subordinate the debt to a different class of claims>.
subordinated bond. See junior bond under BOND (3).
subordinate debenture. See DEBENTURE.
subordinate debt. See DEBT.
subordinate legislation. See LEGISLATION.

1563
subordinate officer. See OFFICER (1).
subordinate political power. See POLITICAL POWER.
subordination, n. 1. The act or an instance of moving
something (such as a right or claim) to a lower rank,
class, or position <subordination of a first lien to a
second lien>. [Cases: Secured Transactions 147.]
2. Parliamentary law. The status and relation of a lower
ranking governing document to a higher-ranking
one. _ A higher-ranking document supersedes and
controls a subordinate document if there is any incon
sistency between them. See governing document under
DOCUMENT. -subordinate, adj.
subordination clause. 1. In a legal instrument, a clause
that explicitly acknowledges the one party's claim
of interest is inferior to that of another party. 2. A
covenant in a junior mortgage enabling the first lien
to keep its priority in case of renewal or refinancing.
rCases: Mortgages 3. In a legal instrument,
a clause that explicitly subjects its provisions to those
in a higher-ranking document.
subordination agreement. See AGREEMENT.
suborn (s;}-born), vb. [Latin subonare, from sub "secretly
+ ornare "to furnish; equip"] (l6c) 1. To induce (a
person) to commit an unlawful or wrongful act, esp.
in a secret or underhanded manner. 2. To induce (a
person) to commit perjury. 3. To obtain (perjured tes
timony) from another. -subornation (s;}b-or-nay
sh;}n), n. -suborner (sa-bor-n;}r), n.
subornation of perjury. (16c) The crime ofpersuading
another to commit perjury. Sometimes shortened to
subornation. [Cases: Perjury (;::::/ 13.]
subparagraph form. A style of legal drafting that uses
indented subparagraphs for enumerated items; esp.,
a style of drafting patent claims in this form so as
to distinguish clearly between each of the claimed
elements. -Also termed tabular form. Cf. COLON
SEMICOLON FORM; OUTLINE FORM; SINGI.E-PARAGRAPH
FORM.
subpartnership. See PARTNERSHIP.
sub pede sigilli (s;}b pee-dee si-jil-I). [Latin] Under the
foot of the seal.
SUbpena. See SUBPOENA.
subpermittee. See PERMITTEE.
subpoena (s;}-pee-n<l), n. [Latin "under penalty"] (I5c) A
writ or order commanding a person to appear before a
court or other tribunal, subject to a penalty for failing
to comply. Also spelled subpena. [Cases: Witnesses
PI. subpoenas.
accommodation subpoena. Seefriendly subpoena.
administrative subpoena. A subpoena issued by an
administrative agency to compel an individual to
provide information to the agency. -The subpoena
may take the form of a subpoena ad testificandum or
a subpoena duces tecum. [Cases: Administrative Law
and Procedure 358.] subrogation
alias subpoena (ay-Iee-;}s s;}-pee-n<l). (18c) A second
subpoena issued after an initial subpoena has failed.
deposition subpoena. 1. A subpoena issued to summon
a person to make a sworn statement in a time and
place other than a trial. [Cases: Federal Civil Pro
cedure 1353; Pretrial Procedure 129.] 2. In
some jurisdictions, a subpoena duces tecum. [Cases:
Federal Civil Procedure C=:> 1354; Pretrial Procedure
G=130.]
friendly subpoena. A subpoena issued to a person or
entity that is willing to testify or produce documents,
but only if legally required to do so. -The subpoena
may protect the information provider from retalia
tion from others because the provider is required to
comply. Also termed accommodation subpoena.
subpoena ad testificandum (s;}-pee-n;} ad tes-t<l-fi
kan-d;}m). [Law Latin] (1807) A subpoena ordering
a witness to appear and give testimony. [Cases: Wit
nesses
subpoena duces tecum (s;}-pee-n<l d[y]oo-seez tee-bm
also doo-sn tay-kam). [Law Latin] (18c) A subpoena
ordering the witness to appear in court and to bring
specified documents, records, or things. -Also
termed deposition subpoena duces tecum. [Cases:
Witnesses (;::::/16.)
subpoena, vb. (l7c) 1. To serve with a subpoena to appear
before a court or other tribunal <subpoena the material
witnesses>. [Cases: Witnesses <::=>7.) 2. To order the
production of(documents or other things) by subpoena
duces tecum <subpoena the corporate records>. Also
spelled subpena. [Cases: Witnesses (;::::/16.]
subpoenal (s<l-pee-n;}!), adj. (1969) Required or done
under penalty, esp. in compliance with a subpoena.
sub potestate (sab poh-tes-tay-tee). [Latin] Under the
power of another, as with a child or other person not
sui juris. Cf. SUI JURIS.
sub potestate parentis (sab poh-tes-tay-tee p;}-ren-tis).
[Latin] Hist. Under the authority of a parent.
sub potestate viri. Hist. (Of a wife) under the protection
of a husband.
subprime loan. See LOAN.
subreptio (s<lb-rep-shee-oh), n. [Latin "surreptitious
removal"] Roman law. 1. Theft. 2. The obtaining of a
grant from the emperor under false pretenses. -Also
termed (in French law) subreption. PI. subreptiones
(s;}b-rep-shee-oh-neez).
subreptione vel obreptione (s<lb-rep-shee-oh-nee vel
ob-rep-shee-oh-nee), adv. [btin) Hist. By deceit or
surprise; by concealing the truth or affirming a false
hood.
subrogate (sab-r;}-gayt), vb. (l5c) To substitute (a person)
for another regarding a legal right or claim. [Cases:
Subrogation (;::::/1.]
subrogation (s;}b-r;}-gay-sh;}n), n. (I5c) 1. The substi
tution of one party for another whose debt the party
pays, entitling the paying party to rights, remedies, or

securities that would otherwise belong to the debtor .
For example, a surety who has paid a debt is, by subro
gation, entitled to any security for the debt held by the
creditor and the benefit of any judgment the creditor has
against the debtor, and may proceed against the debtor
as the creditor would. Subrogation most commonly
arises in relation to insurance policies. [Cases: Sub
rogation (::::0 1,33.] 2. The equitable remedy by which
such a substitution takes place. 3. The principle under
which an insurer that has paid a loss under an insur
ance policy is entitled to all the rights and remedies
belonging to the insured against a third party with
respect to any loss covered by the policy. See EQUITY
OF SUBROGATION; ANTISUBROGATION RULE. [Cases:
Insurance (::::03509,3513.]
;'Subrogation is equitable assignment. The right comes
into existence when the surety becomes obligated, and
this is important as affecting priorities; but such right of
subrogation does not become a cause of action until the
debt is fully paid. Subrogation entitles the surety to use any
remedy against the principal which the creditor could have
used, and in general to enjoy the benefit of any advantage
that the creditor had, such as a mortgage, lien, power to
confess judgment, to follow trust funds, to proceed against
a third person who has promised either the principal or the
creditor to pay the debt:' Laurence P. Si mpson, Handbook
on the Law ofSuretyship 205 (1950).
"Subrogation simply means substitution of one person
for another; that is, one person is allowed to stand in the
shoes of another and assert that person's rights against
the defendant. Factually, the case arises because, for some
justifiable reason, the subrogation plaintiff has paid a debt
owed by the defendant." Dan B


because, for some
justifiable reason, the subrogation plaintiff has paid a debt
owed by the defendant." Dan B. Dobbs, Law of Remedies
 4.3, at 404 (2d ed. 1993).
conventional subrogation. Subrogation that arises by
contract or by an express act of the parties. [Cases:
Subrogation ~~27.]
legal subrogation. Subrogation that arises by operation
oflaw or by implication in equity to prevent fraud or
injustice. Legal subrogation usu. arises when (1) the
paying party has a liability, claim, or fiduciary rela
tionship with the debtor, (2) the party pays to fulfill
a legal duty or because ofpublic policy, (3) the paying
party is a secondary debtor, (4) the paying party is a
surety, or (5) the party pays to protect its own rights
or property. -Also termed equitable subrogation.
[Cases: Subrogation (::::01-25.]
real subrogation. Civil law. The substitution of one
thing for another.
subrogation clause. 1. Insurance. A provision in a
property- or liability-insurance policy whereby the
insurer acquires certain rights upon paying a claim
for a loss under the policy . These rights include (1)
taking legal action on behalf ofthe insured to recover
the amount of the loss from the party who caused the
loss, and (2) receiving a full or proportionate amount
of the benefits (such as disability compensation) paid
to the insured under a statutory plan. 2. Oil & gas. A
provision in an oil-and-gas lease permitting the lessee
to pay taxes, mortgages, or other encumbrances on the
leased property and to recover those payments out of
future proceeds under the lease. subrogative (sab-rG-gay-tiv), ad). Of or relating to sub
rogation <subrogative rights>. -Also termed subroga
tory; subrogational.
subrogee (8Gb-rG-gee). One who is substituted for another
in having a right, duty, or claim; esp., the person or
entity that assumes the right to attempt to collect on
another's claim against a third party by paying the
other's claim-related debts or expenses . An insur
ance company frequently becomes a subrogee after
paying a policy claim, as a result of which it is then in
a position to sue a tortfeasor who injured the insured
or otherwise caused harm.
subrogor (sGb-rG-gor). One who allows another to be
substituted for oneself as creditor, with a transfer of
rights and duties; esp., one who transfers a legal right
to collect a claim to another in return for payment of
the transferor's claim-related debts or expenses.
sub rosa (sdb roh-zG), adj. [Latin "under the rose"] Rist.
Confidential; secret; not for publication.
sub salvo et securo conductu (5Gb sal-voh et si-kyoor
oh kGn-d3k-t[y]00). [Law Latin] Rist. Under safe and
secure conduct.  This phrase was used in writs of
habeas corpus.
subscribed capital. See CAPITAL.
subscribed stock. See STOCK.
subscribing witness. See WITNESS.
subscriptio (sdb-skrip-shee-oh), n. [Latin] Roman law. 1.
A Signature, esp. a name written under or at the bottom
of a document to authenticate it; an imperial rescript.
2. A signature to a will, required in certain cases in
addition to the seals of witnesses. PI. subscriptiones
(sGb-skrip-shee-oh -neez).
subscription, n. (I5c) 1. The act of signing one's name
on a document; the signature so affixed. 2. Securities.
A written contract to purchase newly issued shares of
stock or bonds. Also termed (in connection with
stock) stock subscription. [Cases: Corporations
75.1.] 3. An oral or a written agreement to contribute a
sum ofmoney or property, gratuitously or with consid
eratiol1, to a specific person or for a specific purpose.
Also termed subscription contract. 4. RESCRIPT (3).
[Cases: Subscriptions ~~1.J -subscribe, vb. sub
scriber, n.
subscription contract. See SUBSCRIPTION (3).
subscription list. An enumeration of subscribers to an
agreement, periodical, or service.
subscription price. The fixed price at which investors
can buy shares in a new stock offering before the shares
are offered to the public. [Cases: Corporations
158.]
subscription privilege. See PREEMPTIVE RIGHT.
subscription right. A certificate evidencing a share
holder's right (known as apreemptive right) to purchase
newly issued stock before the stock is offered to the
public. Subscription rights have a market value and
are actively traded because they allow the holder to

1565
purchase stock at favorable prices. -Also termed
stock right. See PREEMPTIVE RIGHT. [Cases; Corpora
tions 0=>78,158.]
subscription warrant. See WARRANT (4).
subscriptor (s"b-skrip-tor or -t"r), n. [Latin] Roman law.
1. A person who made or signed a written accusation
ofcrime against a particular person. 2. The witness to
a will. Pi. subscriptores.
subsellia (s"b-sel-ee-,,), n. [Latin fro sub "under" + sella
"seat"] Roman law. Lower seats in a court, usu. occupied
by the parties or their witnesses, as distinguished from
the seat ofthe tribunal.
subsequent, adj. (15c) (Of an action, event, etc.) occur
ring later; coming after something else.
subsequent-advance rule. Bankruptcy. The principle
that a preferential transfer by the debtor will not be
avoided or rescinded by the debtor's bankruptcy trustee
if(1) the creditor extended new value to the debtor after
receiving the preferential transfer, (2) the new value is
unsecured, and (3) the new value remains unpaid after
its transfer. II USCA  547(c)(4). [Cases; Bankruptcy
0=>2613(4).]
subsequent creditor. See CREDITOR.
subsequente copula (s"b-si-kwen-tee kop-p-Ia). [Law
Latin] Hist. Carnal intercourse having followed.
subsequent negligence. See NEGLIGENCE.
subsequent-negligence doctrine. See LAST-CLEAR
CHANCE DOCTRINE.
subsequent remedial measure. (usu. pl.) (1956) Evidence.
An action taken after an event, which, if taken before
the event, would have reduced the likelihood of the
event's occurrence. _ Evidence ofsubsequent remedial
measures, such as repairs made after an accident or
the installation of safety equipment, is not admissible
to prove negligence, but it may be admitted to prove
ownership, control, feasibility, or the like. Fed. R. Evid.
407. [Cases: Evidence C='219.10.]
subservant. See subagent under AGENT (2).
subsidence (sab-srd-an[tls), n. Any downward movement
of the soil from its natural position; esp., a sinking of
soiL
subsidiarie (sab-sid-ee-air-ee-ee). [Law Latin] Scots law.
Subsidiarily.
subsidiary (s"b-sid-ee-er-ee), adj. Subordinate; under
another's controL See subsidiary corporation under
CORPORATION.
subsidiary, n. See subsidiary corporation under CORPO
RATION.
subsidiary corporation. See CORPORATION.
subsidiary merger. See triangular merger under
MERGER.
subsidiary motion. See MOTION (2).
subsidy (s<lb-sa-dee), n. (l4c) 1. A grant, usu. made by
the government, to any enterprise whose promotion
is considered to be in the public interest . Although substantial-capacity test
governments sometimes make direct payments (such
as cash grants), subsidies are usu. indirect. They may
take the form of research-and-development support,
tax breaks, provision of raw materials at below-mar
ket prices, or low-interest loans or low-interest export
credits guaranteed by a government agency. -Also
termed grant. [Cases; United States <>=82(1).] 2. A
specific financial contribution by a foreign government
or public entity conferring a benefit on exporters to
the United States . Such a subsidy is countervailable
under 19 USCA  1671, 1677. [Cases; Customs Duties
0=>21.5(2).]
countervailable subsidy (kown-t<lr-vayl-<l-b"l). A
foreign government's subsidy on the manufacture of
goods exported to another country, giving rise to the
importing country's entitlement to impose a coun
tervailing duty on the goods if their import caused
or threatens to cause material injury to domestic
industry. See countervailing duty under DUTY (4).
[Cases: Customs Duties 0=>21.5(2).]
3. lnt'llaw. Financial assistance given by one nation to
another to preserve the receiving nation's neutrality or
to support it in a war, even ifthe donor nation does not
directly participate. subsidize, vb.
sub sigillo (s"b si-jil-oh). [Latin "under the seal (of con
fessionrJ Hist.ln the strictest confidence.
sub silentio (s"b si-Ien-shee-oh). [Latin] (l7c) Under
silence; without notice being taken; without being
expressly mentioned (such as precedent sub silentio).
subsistence. (17c) Support; means ofsupport. See NEC
ESSARIES.
sub spe reconciliationis (s"b spee rek-dn-siI-ee-ay
shee-oh-nis). [Latin] Hist. Under the hope of recon
cilement.
substance. (l4c) ]. The essence ofsomething; the essen
tial quality ofsomething, as opposed to its mere form
<matter ofsubstance>. 2. Any matter, esp. an addictive
drug <illegal substance> <abuse ofa substance>.
substance-abuse evaluation and treatment. (1983) A
drug offender's court-ordered participation in a drug
rehabilitation program. -This type oftreatment is esp.
common in DUI cases. Abbr. SAET.
substantial-capacity test. (1968) Criminal law. The
Model Penal Code's test for the insanity defense, stating
that a person is not criminally responsible for an act if,
as a result ofa mental disease or defect, the person lacks
substantial capacity either to appreciate the criminality
of the conduct or to conform the conduct to the law.
 This test combines elements of both the McNaghten
rules and the irresistible-impulse test by allowing con
sideration ofboth volitional and cognitive weaknesses.
This test was formerly used by the federal courts and
many states, but since 1984 many jurisdictions (includ
ing the federal courts) in response to the acquittal
by reason ofinsanity ofwould-be preSidential assassin
John Hinckley -have narrowed the insanity defense
and adopted a new test resembling the McNaghten
rules, although portions ofthe substantial-capacity test

1566 substantial-cause test
continue to be used. Model Penal Code  4.01. -Also
termed Model Penal Code test; MPC test; American Law
Institute test; ALI test. See INSANITY DEFENSE. [Cases:
Criminal Law C=:>48.]
substantial-cause test. (1929) Torts. The principle that
causation exists when the defendant's conduct is an
important or significant contributor to the plaintiff's
1l1Juries. Also termed substantial-factor test. Cf.
BUT-FOR TEST. [Cases: Negligence (;:::>380.]
substantial-certainty test. Copyright. The test for
deciding whether a second work was copied from the
first. -The question is whether a reasonable observer
would conclude with substantial certainty that the
second work is a copy. [Cases: Copyrights and Intel
lectual Property C=:>53(1).]
substantial change in circumstances. See CHANGE IN
CIRCUMST ANCES.
substantial-compliance rule. See SUBSTANTIAL-PER
FORMANCE DOCTRINE.
substantial-continuity doctrine. A principle for holding
a successor corporation liable for the acts of its prede
cessor corporation, ifthe successor maintains the same
business as the predecessor, with the same employees,
doing the same jobs, for the same supervisors, under
the same working conditions, and using the same pro
duction processes to produce the same products for the
same customers. Also termed continuity-of-enter
prise doctrine. Cf. MERE-CONTINUATION DOCTRINE.
[Cases: Corporations (;:::>445.1.]
substantial damages. See DAMAGES.
substantial equivalent. Patents. A device or process that
falls outside a patent claim's literal scope but performs
the same function in substantially the same way.
Also termed substantial eqUivalent ofa patented device.
See tripartite test. [Cases: Patents C=237.)
substantial error. See ERROR (2).
substantial evidence. See EVIDENCE.
substantial-evidence jurisdiction. See significant-con
nection jurisdiction under JURISDICTION.
substantial-evidence rule. (1938) The principle that
a reviewing court should uphold an administrative
body's ruling ifit is supported by evidence on which the
administrative body could reasonably base its decision.
[Cases: Administrative Law and Procedure
substantial-factor test. (1929) See St.:BSTANTIAL-CAUSE
TEST.
substantial justice. See JUSTICE (1).
substantially justified. (Of conduct, a position, etc.)
having a reasonable basis in law and in fact. -Under
the Equal Access to Justice Act, a prevailing party in
a lawsuit against the government will be unable


in fact. -Under
the Equal Access to Justice Act, a prevailing party in
a lawsuit against the government will be unable to
recover its attorney's fees if the government's position
is substantially justified. [Cases: United States
147(10).]
substantial new question of patentability. Patents. A
significant, freshly arisen issue relating to the validity ofa patent, triggering the statutory threshold required
for the Director of the u.s. Patent and Trademark
Office to order that a patent's validity be reexamined.
-An examination cannot be reopened solely on issues
ofprior art and issues that came up during the original
examination. The Director's determination is final and
not appealable. 35 USCA  303-04. [Cases: Patents
136.J
substantial non infringing use. See COMMERCIALLY SIG
NIFICANT NON INFRINGING USE.
snbstantial performance. See PERFORMANCE.
substantial-performance doctrine. (1936) The rule
that if a good-faith attempt to perform does not pre
cisely meet the terms of an agreement or statutory
requirements, the performance will still be consid
ered complete if the essential purpose is accomplished,
subject to a claim for damages for the shortfall. -Under
the Uniform Probate Code, a will that is otherwise void
because some formality has not been followed may still
be valid under the substantial-performance doctrine.
But this rule is not widely followed. -Also termed sub
stantial-compliance rule. Cf. PERFECT-TENDER RULE.
[Cases: Contracts C=:>294.]
"There has arisen in the United States an indefinite doctrine
sometimes referred to as that of substantial performance.
It is a doctrine that deals not with performance of a duty as
a discharge thereof but with performance by the plaintiff
as a condition precedent to the active duty of performance
by the defendant. Where a defendant is sued for nonper
formance he cannot avoid paying damages by showing
that he substantially performed or came near performing
or gave something equally good; but he can always suc
cessfully defend if in fact some condition precedent to his
own duty has not been fulfilled by the plaintiff." William
R. Anson, Principles of the Law of Contract 422 (Arthur L.
Corbin ed., 3d Am. ed. 1919).
substantial possession. See pedis possessio under pos-
SESSIO.
substantial right. See RIGHT.
substantial similarity. See SIMILARITY.
substantial-step test. (1980) Crimina/law. 1be Model
Penal Code's test for determining whether a person is
guilty of attempt, based on the extent of the defendant's
preparation for the crime, the criminal intent shown,
and any statements personally made that bear on the
defendant's actions. Model Penal Code  S.Ol(l)(c). See
ATTEMPT. [Cases: Criminal Law (>44.]
substantiate, vb. (I7c) To establish the existence or truth
of (a fact, etc.), esp. by competent evidence; to verify.
substantive consolidation. See CONSOLIDATION.
substantive crime. See substantive offense under OFFENSE
(1).
substantive due process. See DUE PROCESS.
substantive evidence. See EVIDENCE.
substantive examination. Patents. A patent examiner's
in-depth study of a patent application to determine
whether a patent should be granted.

1567
substantive felony. See substantive offense under OFFENSE
(1).
substantive law (sab-stan-tiv). (18c) The part ofthe law
that creates, defines, and regulates the rights, duties,
and powers ofparties. Cf. PROCEDURAL LAW.
"SO far as the administration ofjustice is concerned with
the application of remedies to violated rights, we may
say that the substantive law defines the remedy and the
right, while the law of procedure defines the modes and
conditions of the application of the one to the other." John
Salmond, jurisprudence 476 (Glanville L. Williams ed., 10th
ed.1947).
substantive main motion. See original main motion
under MOTION (2).
substantive motion. See original main motion under
MOTION (2).
substantive offense. See OFFENSE (1).
substantive right. See RIGHT.
substantive rule. See LEGISLATIVE RULE.
substantive un~onscionability. See UNCONSCIONABIL
ITY.
substitute, n. 1. One who stands in another's place <a
substitute for a party>. See SUBSTITUTION OF PARTIES;
SUBROGATION. 2. Civil law. A person named in a will
as heir to an estate after the estate has been held and
then passed on by another specified person (called the
institute). See INSTITUTE (5). 3. Parliamentary law.
A form of the motion to amend by replacing one or
more words with others. See amendment by substitut
ing under AMENDMENT (3). 4. Scots law. A deputy.
substitute, vb.
substitute amendment. See AMENDMENT (3).
substitute application. See PATENT APPLICATION.
substituted agreement. See NOVATION.
substituted basis. See BASIS.
substituted ~omplaint. See amended complaint under
COMPLAINT.
substituted contract. See CONTRACT.
substituted exe~utor. See EXECUTOR.
substituted-judgment doctrine. (1967) A principle that
allows a surrogate decision-maker to attempt to estab
lish, with as much accuracy as possible, what health
care decision an incompetent patient would make if
he or she were competent to do so. -The standard
of proof is by clear and convincing evidence. Gener
ally, the doctrine is used for a person who was once
competent but no longer is. -Also termed doctrine
ofsubstituted judgment. Cf. SPIRITUAL-TREATMENT
EXEMPTION; medical neglect under NEGLECT. [Cases:
Health <8=>910.]
substitute drawing. See DRAWING.
substituted service. See SERVICE (2).
substitute gift. See GIFT.
substitute information in lieu of indictment. See
INFORMATION. substitution-of-judgment doctrine
substitute obligation. See OBLIGATION.
substitute specification. See SPECIFICATION (3).
substitutio heredis (sdb-std-t[y]oo-shee-oh hd-ree-dis).
[Latin] Roman law. 1. See SUBSTITUTION (3). 2. See SUB
STITUTION (4).
substitution. (14c) 1. A designation ofa person or thing
to take the place of another person or thing. 2. The
process by which one person or thing takes the place
ofanother person or thing. [Cases: Federal Civil Pro
cedure C=>351; Parties (;::.='57.] 3. Parliamentary law.
An amendment by replacing one or more words with
others. See amendment by substituting under AMEND
MENT (3). 4. Roman law. The nomination of a person
to take the place of a previously named heir who has
refused or failed to accept an inheritance. Also
termed common substitution; vulgar substitution. 5.
Roman law. The nomination of a person to take the
place of, or to succeed, a descendant who is under the
age ofpuberty and in the potestas ofthe testator, ifthe
descendant has died before reaching puberty. -This
type ofsubstitution was known as a pupillary substitu
tion. Ifa descendant ofany age failed to take by reason
oflunacy, the substitution was known as an exemplary
substitution or quaSi-pupillary substitution. 6. Roman
law. A testator's deSignation ofa person to whom the
property was to be given by the person named as heir,
or by the heir ofthat person. Also termed fideicom
missary substitution. See FIDEICOMMISSUM. 7. Civil
law. The designation ofa person to succeed another as
beneficiary ofan estate, usu. involVing a fideicommis
sum. Also termed (in senses 6 & 7) fideicommissary
substitution. [Cases: Wills
prohibited substitution. Louisiana law. TIle deSig
nation of a person who is not a trustee to take full
ownership ofproperty and deliver it to another des
ignated person at death. _ The first donee is called the
institute, the second the substitute. See INSTITUTE (5);
S{;BSTITUTE (2). [Cases: Wills C=>553.]
substitutional, adj. (14c) Capable oftaking or supplying
the position ofanother <substitutional executor> <sub
stitutional issue>. -Also termed substitutionary.
substitutional gift. See substitute gift under GIFT.
substitutional legacy. See LEGACY.
substitutional remedy. See REMEDY.
substitutionary. See SUBSTITUTIONAL.
substitutionary evidence. See secondary evidence under
EVIDENCE.
substitutionary remedy. See REMEDY.
substitution-of-judgment doctrine. 1. Administrative
law. The standard for reviewing an agency's decision,
by which a court uses its own independent judgment
in interpreting laws and administrative regulations
rather than deferring to the agency when the
agency's interpretation is not instructive or the regu
lations do not involve matters requiring the agency's
expertise. [Cases: Administrative Law and Procedure
C=>760, 784, 796.]2. Wills & estates. The principle that

1568 substitution of parties
a guardian, conservator, or committee ofan incompe
tent person may make gifts out of that person's estate.
substitution ofparties. The replacement ofone litigant
by another because of the first litigant's death, incom
petency, transfer of interest, or, when the litigant is a
public official, separation from office. [Cases: Federal
Civil Procedure (;:::=>352; Parties
substraction (sab-strak-sh,m), n. (1814) The secret misap
propriation of property, esp. from a decedent's estate.
subsume (sab-s[y]oom), vb. (1825) To judge as a particu
lar instance governed by a general principle; to bring (a
case) under a broad rule. subsumption (sab-s;lmp
shan), n.
sub suo periculo (sab s[y]oo-oh pa-rik-[Y]<l-loh). [Law
Latin] Rist. At his own risk.
subsurety (sab-shuur[-<lJ-tee)_ (1916) A person whose
undertaking is given as additional security, usu. con
ditioned not only on nonperformance by the principal
but also on nonperformance by an earlier promisor as
well; a surety with the lesser liability in a subsuretyship.
[Cases: Principal and Surety (;:::=>191.]
subsuretyship (s<lb-shuur[-al-tee-ship). (1967) The
relation between two (or more) sureties, in which a
principal surety bears the burden ofthe whole perfor
mance that is due from both sureties; a relationship in
which one surety acts as a surety for another. [Cases:
Principal and Surety G,191.]
subsurface interest. 1. A landowner's right to the
minerals and water below the property. [Cases: Mines
and Minerals (;:::=>47; Waters and Water Courses
100, 101.] 2. A similar right held by another through
grant by, or purchase from, a landowner. Cf. SURFACE
INTEREST; MIKERAL INTEREST.
subtenancy. See SUBLEASE.
subtenant. See SUBLESSEE.
subterfuge (s<lb-t<lr-fyooj). (16c) A clever plan or idea
used to escape, avoid, or conceal something <a subter
fuge to avoid liability under a statute>.
subterfuge arrest. See ARREST.
subterranean water. See WATER.
subtraction. 1. The process ofdeducting one number
from another number to determine the difference. 2.
Rist. The act of neglecting a duty or service that one
party owes to another, esp. one that arises out ofland
tenure.
"Subtraction, which is the fifth species of injuries affect
ing a man's real property, happens, when any person who
owes any suit, duty, custom, or service to another, with
draws or neglects to perform it. It differs from a disseiSin,
in that this is committed without any denial of the right,
consisting merely in non-performance; that strikes at the
very title of the party injured, and amounts to an ouster or
actual dispossession. Subtraction however, being clearly an
injury, is remediable by due course of law; but the remedy
differs according to the nature of the services; whether
they be due by virtue of any tenure, or by custom only." 3
William Blackstone, Commentaries on the Laws ofEngland
230 (1768). subtraction ofconjugal rights. Rist. The act of a husband
and wife unlawfully living apart.
subtrahend (sab-tra-hend). In a mathematical equation,
the amount subtracted from another number (the
minuend) to arrive at a remainder or balance. The
term is used in law in a variety ofaccounting contexts.
Cf. MINUEND.
suburbani (s<lb-ar-bay-m), n. [Latin] Roman law. 1. Hus
bandmen. 2. Large country estates just outside Rome,
subvention (sab-ven-shan). A grant of financial aid or
assistance; a subsidy. [Cases: United States
subversion. (14c) The process ofoverthrowing, destroy
ing, or corrupting <subversion of legal principles>
<subversion of the government>.
'Subversion can succeed where diplomacy has failed. Sub
version exceeds the bounds of diplomacy in that it employs
methods which diplomacy abhors; it does not wince at
assassination, riot, pillage, and arson, if it believes these to
be useful in the attainment of its ends. SubverSion is a form
of war. It may include the use of propaganda ... to sway the
th


of its ends. SubverSion is a form
of war. It may include the use of propaganda ... to sway the
thinking and action of influential SOCial groups, especially
attempting to discredit the leadership of the target area,
labeling it as the 'tool' of ... any convenient target for
emotional hatred. By inflaming passion, the purveyors of
violent propaganda can stir up peaceful citizens so that
in minutes they are transformed into a terrifying mob.
The art of subversion has developed the technique of the
manipulation of mobs to a high degree." T. Wyckoff, War
by Subversion, 59 South Atlantic Q. 36 (1960).
'Prior to World War II, subversive activities were thought
to cover cases where states attempted to achieve certain
political ends of fomenting civil strife in another state or by
supporting rebellion against the legally established govern
ment of another state by giving to the rebels supplies of
personnel, training facilities, war materials, or munitions
and by engaging in hostile propaganda against the victim
state and its government .... By the beginning of World
War II, the concept of subversion had been expanded to
include the attempt of one state to weaken or overthrow
the government of another by means of infiltration of its
governmental apparatus with conspirators who strongly
opposed the domestic policy of their own government and
willingly served as clandestine instruments in the conduct
of an alien state's foreign policy. But with increased mili
tancy of modern ideologies, ... subversive activities are
no longer seen in many quarters as advancing the foreign
policy of a nation or nations, but rather are thought to
advance universal human values, i.e., the specific ideo
logical theory adhered to." Ann Van Wynen Thomas &A.j.
ThomasJr., The Concept ofAggression in International Law
72-73 (1972).
"Today, the term subversion designates all illegal activi
ties, whether direct or indirect, overt or covert, conducted
under the auspices of a state and designed to overthrow the
established government or vitally disrupt the public order
of another state. Subversion combines psychological, polit
ical, social, and economic actions, as well as active military
or paramilitary operations, and it is generally a sustained,
long,run, intermeshed, and coordinated process. Conse
quently. it is usually impossible to place acts of subversion
into neat little categorical definitions. Subversion, being
a technique of opportunity, is successful mainly in areas
where social and political revolution is at least incipient."
Ann Van Wynen Thomas & A.J. Thomas Jr., The Concept of
Aggression in International Law 80-81 (1972).
Subversive Activities Control Act of 1950. See
MCCARRAN ACT.

1569 successor
subversive activity. (1939) A pattern of acts designed
to overthrow a government by force or other illegal
means.
subversive propaganda. See PROPAGANDA.
success fee. See FEE (1).
successful party. See prevailing party under PARTY (2).
successio (sak-sesh-ee-oh), n. [Latin] Roman law. A suc
cession to something, as to an estate by will or by the
laws of intestacy.
successio in universum jus (sak-ses[hJ-ee-oh in yoo-ni
v;}r-sam jas). [Latin "succession to universal right"]
Roman law. 1he succession on death to the entirety of
a deceased person's assets and liabilities. See hereditas
jacens under HEREDITAS.
succession, n. (14c) 1. The act or right oflegally or offi
cially taking over a predecessor's office, rank, or duties.
2. The acquisition of rights or property by inheritance
under the laws of descent and distribution; DESCENT
(1). [Cases: Descent and Distribution ~1-43.} -
succeed, vb.
hereditary succession. See intestate succession.
intestate succession. (18c) 1. 'The method used to dis
tribute property owned by a person who dies without
a valid will. 2. Succession by the common law of
descent. Also termed hereditary succession; descent
and distribution. See DESCENT (1). Cf. testate succes
sion. [Cases: Descent and Distribution C-::>20-43.]
irregular succession. (17c) Succession by special laws
favoring certain persons or the state, rather than heirs
(such as testamentary heirs) under the ordinary laws
of descent. [Cases: Descent and Distribution ~~,1.)
legal succession. (18c) The succession established by
law, usu. in favor ofthe nearest relation ofa deceased
person.
lucrative succession. Scots law. See PRAECEPTlO HAER
EDITATIS.
natural succession. (l8c) Succession between natural
persons, as in descent on the death of an ancestor.
[Cases: Descent and Distribution C:=>20-43.]
testamentary succession. Civil law. Succession result
ing from the designation of an heir in a testament
executed in the legally required form. [Cases: Descent
and Distribution C:>44.)
testate succession. (I8c) The passing of rights or
property by will. Cf. intestate succession. [Cases: Wills
(::::> L]
universal succession. Succession to an entire estate of
another at death . This type of succession carries
with it the predecessor's liabilities as well as assets.
Originally developed by Roman law and later con
tinued by civil law, this concept has now been widely
adopted as an option endorsed and authorized by the
Uniform Probate Code. La. Civ. Code art. 3506(28).
vacant succession. Civil law. 1. A succession that fails
either because there are no known heirs or because the heirs have renounced the estate. 2. An estate that
has suffered such a failure. See ESCHEAT.
3. ]he right by which one group, in replacing another
group, acquires all the goods, movables, and other
chattels of a corporation. [Cases: Corporations
445.1.) 4. The continuation of a corporation's legal
status despite changes in ownership or management.
Also termed artificial succession. [Cases: Corporations
~l.l.]
perpetual succession. The continuous succession of a
corporation despite changes in shareholders and
officers for as long as the corporation legally exists.
[Cases: Corporations ~36.}
"As a general rule, the words 'perpetual succession,' as
used in charters, often in connection with a further provi
sion limiting the period of corporate existence to a certain
number of years, mean nothing more than that the corpo
ration shall have continuous and uninterrupted succession
so long as it shall continue to exist as a corporation, and
are not intended to define its duration." 18 Am. Jur. 2d
Corporations  69, at 883 (]985).
successional, adj. (14c) Ofor relating to acquiring rights
or property by inheritance under the laws of descent
and distribution.
succession duty. See DUTY (4).
succession tax. See inheritance tax (1) under TAX.
successio praedilecta (sdk-ses[h]-ee-oh pree-di-lek-td).
[Law Latin] Hist. A preferred succession; a succession
that the testator prefers.
successive, adj. 1. Archaic. (Of an estate) hereditary. 2.
(Of persons, things, appointments, etc.) following in
order; consecutive.
successive polygamy. See POLYGAMY (2).
successive tortfeasors. See TORTFEASOR.
successive-writ doctrine. (1987) Criminal procedure.
The principle that a second or supplemental petition
for a writ of habeas corpus may not raise claims that
were heard and decided on the merits in a previous
petition. Cf. ABUSE-OF-THE-WRIT DOCTRINE. [Cases:
Habeas Corpus~894.J
successor. (14c) 1. A person who succeeds to the office,
rights, responsibilities, or place of another; one who
replaces or follows a predecessor. 2. A corporation
that, through amalgamation, consolidation, or other
assumption of interests, is vested with the rights and
duties of an earlier corporation. [Cases: Corporations
~445.l, 589, 590.]
particular successor. Civil law. One who succeeds
to rights and obligations that pertain only to the
property conveyed.
singular successor. One who succeeds to a former
owner's rights in a single piece ofproperty.
statutory successor. One who succeeds to the assets
of a corporation upon its dissolution; sped., the
person to whom all corporate assets pass upon a cor
poration's dissolution according to the statute ofthe
state of incorporation applicable at the time of the

1570 successor agent
dissolution. See Restatement (Second) ofConflict of
Laws  388 cmt. a (1971). [Cases: Corporations ~
619.]
universal successor. 1. One who succeeds to all the
rights and powers of a former owner, as with an
intestate estate or an estate in bankruptcy. 2. Lou
isiana law. An heir or legatee who succeeds in the
entire estate ofthe deceased or a specified portion of
it, rather than by particular title as legatee ofa specific
thing. A universal successor succeeds in all of the
decedent's rights and charges, whereas the particular
legatee succeeds only to the rights and charges per
taining to the bequeathed thing. La. Civ. Code art.
3506(28).
successor agent. See AGENT (2).
successor fiduciary. See FIDUCIARY.
successor guardian. See GUARDIAN.
successor in interest. (1832) One who follows another
in ownership or control ofproperty. A successor in
interest retains the same rights as the original owner,
with no change in substance.
successor titulo lucrativo post contractum debitum (s<:lk
ses-or [or -<:lr] tich-<:l-loh 100-kr<:l-tI-voh pohst k<:ln-trak
t<:lm deb-i-t<:lm). [Law Latin] Hist. A successor under a
lucrative title after debt has been contracted. Such
a successor is liable to pay all debts contracted by the
grantor.
successor trustee. See TRUSTEE (1).
sucesi6n legitima (soo-se-syon lay-hee-tee-mah).
Spanish law. The process ofregular inheritance, the
rules ofwhich may not be altered by will. See Ortiz De
Rodriguez v. Vivoni, 201 U.S. 371, 376-77,26 S.Ct. 475,
476 (i906).
such, adj. (bef. 12c) 1. Ofthis or that kind <she collects
a variety ofsuch things>. 2. That or those; having just
been mentioned <a newly discovered Faberge egg will
be on auction next week; such egg is expected to sell for
more than $500,000>.
sudden-and-accidental pollution exclusion. See pollu
tion exclusion under EXCLUSION (3).
sudden-death jurisdiction. Wills & estates. A jurisdic
tion in which a will once revoked cannot be revived,
and instead must be reexecuted. See REVIVAL (2).
sudden-emergency doctrine. See EMERGENCY DOCTRINE
(1).
sudden heat. See HEAT OF PASSION.
sudden heat and passion. See HEAT OF PASSION.
sudden heat ofpassion. See HEAT OF PASSION.
sudden-onset rule. (1981) The principle that medical
testimony is unnecessary to prove causation of the
obvious symptoms of an injury that immediately
follows a known traumatic incident. [Cases; Damages
~185(l).]
sudden passion. See HEAT OF PASSION.
sudden-peril doctrine. See EMERGENCY DOCTRINE (1). sudden-peril rule. See EMERGENCY DOCTRINE (1).
sue, vb. To institute a lawsuit against (another party).
sue-and-Iabor clause. Marine insurance. A provision in
property- and marine-insurance policies requiring the
insured to protect damaged property against further
loss. The clause generally requires the insured to "sue
and labor" to protect the insured party's interests.
Also termed rescue clause. [Cases; Insurance
2245(2).]
"Some insurance today is written against 'all risks' ....
Besides the perils clause ... recovery under the policy can
be had on the entirely separate 'sue and labor' clause. " ..
Under this clause, the underwriter may become liable for
certain charges incurred by the assured in caring for the
insured property, whether or not there is any actual loss
or damage. Where sueand-Iabor charges are incurred and
105s also occurs, the underwriter may become liable for
more than the policy amount, which limits only a claim for
loss of or damage to the goods or vessel." Grant Gilmore
& Charles L. BlackJr. The Law ofAdmiralty  2-10, at 75
(2d ed. 1975).
sue facts. (1980) Facts that determine whether a party
should bring a lawsuit; esp., facts determining whether
a shareholder-derivative action should be instituted
under state law.
sue out, vb. (15c) 1. To apply to a court for the issuance
of (a court order or writ). 2. To serve (a complaint) on
a defendant.
suerte (swer-t.:. Spanish law. 1. Chance; destiny; fate.
2. A small plot ofland. 3. Land within a municipal
ity's boundaries, reserved for cultivating or planting
because of its proximity to water.  This term appears
in the caselaw ofstates that were formerly Spanish or
Mexican possessions.
suffer, vb. (I4c) 1. To experience or sustain physical
or emotional pain, distress, or injury <suffer
grievously><suffer damages>. [Cases: Damages
31, 57.1.J 2. To allow or permit (an act, etc.) <to suffer
a default>.
sufferance (s<:lf-<:lr-.:


permit (an act, etc.) <to suffer
a default>.
sufferance (s<:lf-<:lr-.:>nts or saf-r<:lnts). (l4c) 1. Toleration;
passive consent. 2. The state of one who holds land
without the owner's permission. See tenancy at suf
ferance under TENANCY. 3. A license implied from the
omission to enforce a right.
sufferance wharves. Hist. English law. Wharves deSig
nated by the Commissioner of the Customs to receive
goods before any duties must be paid.
sufferentia pads (s<:lf-<:l-ren-shee-;l pay-sis), n. [Latin] A
grant ofpeace; a truce; an armistice.
suffering a recovery. Hist. A conveyor's act ofallowing,
for the purposes of a conveyance, a fictitious action
to be brought by the conveyee and a judgment to be
recovered for the land in question.
sufficiency of disclosure. See ADEQUACY OF DISCLO
SURE.
sufficiency-of-evidence test. (1972) Criminal procedure.
1. The guideline for a grand jury considering whether
to indict a suspect: if all the evidence presented were
uncontradicted and unexplained, it would warrant a

1571
conviction the fact-trier. [Cases: Indictment and
Information 10.2.] 2. A standard for reviewing
a criminal conviction on appeal, based on whether
enough evidence exists to justify the fact-trier's finding
ofguilt beyond a reasonable doubt. -Also termed suf
ficiency-of-the-evidence test. [Cases: Criminal LawC=
1159.2(7).]
sufficient, adj. Adequate; ofsuch quality, number, force,
or value as is necessary for a given purpose <sufficient
consideration> <sufficient evidence>.
sufficient cause. 1. See good cause under CAUSE (2). 2.
PROBABLE CAUSE.
sufficient consideration. See CONSIDERATION (1).
sufficient evidence. See satisfactory evidence under
EVIDENCE.
suffragan (saf-ra-gdn or -jan). A titular bishop ordained
to assist a bishop ofthe diocese in the church business;
a deputy or assistant bishop . Suffragans were origi
nally appointed only to replace absent bishops and were
called chorepiscopi ("bishops ofthe county"), as distin
guished from the regular bishops of the city or see.
suffrage (saf-rij). (14c) 1. The right or privilege ofcasting
a vote at a public election. -Also termed right to vote.
[Cases: Elections (;::=> L]
"In the United States suffrage is a privilege, franchise or
trust conferred by the people upon such persons as it
deems fittest to represent it in the choice of magistrates
or in the performance of political duties which it would
be inexpedient or inconvenient for the people to perform
in a body. The person upon whom the franchise is con
ferred is called an elector or voter. No community extends
suffrage to all persons, but places such restrictions upon it
as may best subserve the ends of government." George W.
McCrary, A Treatise on the American Law of Elections  1,
at 2 (Henry L McCune ed., 4th ed. 1897).
2. A vote; the act ofvoting.
suffragium (sa-fray-jee-am), n. [Latin "voting tablet"]
Roman law. 1. A vote; the right to vote. 2. A recommen
dation of someone for a special privilege or office.
suggested retail price. See PRICE.
suggestibility, n. The readiness with which a person
accepts another's suggestion. -suggestible, adj.
suggestio falsi (sag-jes-tee-oh faI-51 or fawl-sI). [Latin]
A false representation or misleading suggestion. Cf.
SUPPRESSIO VERI.
suggestion, n. (l4c) L An indirect presentation ofan idea
<the client agreed with counsel's suggestion to reword
the warranty>. 2. Procedure. A statement of some fact
or circumstance that will materially affect the further
proceedings in the case <suggestion for rehearing
en banc>. 3. Archaic. Wills & estates. UNDUE INFLU
ENCE. -suggest (for senses 1 & 2), vb.
suggestion ofbankruptcy. (1869) A pleading by which a
party notifies the court that the party has filed for bank
ruptcy and that, because ofthe automatic stay provided
by the bankruptcy laws, the court cannot take further
action in the case. [Cases: BankruptcyC=3418.] suicide clause
I suggestion of death. (I8c) A pleading filed by a party,
. or the party's representatives, by which the court is
notified that a party to a suit has died. [Cases: Federal
Civil Procedure (;::::353-357,361; Parties (;::c61.]
suggestion oferror. (1811) An objection made by a party
to a suit, indicating that the court has committed an
error or that the party wants a rehearing ofa particular
i 	issue. [Cases: Appeal and Error C=758, 829; Criminal
Law C=:> 1133.]
suggestion on the record. A formal written or oral state
ment informing the court of an important fact that
may require a stay of proceedings or affect the court's
decision. Suggestions on the record include sugges
tion of bankruptcy, suggestion of death, and sugges
tion oferror.
suggestive interrogation. See LEADI~G QUESTION.
suggestive mark. See suggestive trademark under TRADE
MARK.
suggestive name. See suggestive trademark under
TRADEMARK.
suggestive question. See LEADING QUESTION.
suggestive trademark. See TRADEMARK.
sui. See SUI HEREDES.
suicide, n. (l7c) 1. The act of taking one's own life.
Also termed self-killing; self-destruction; self-slaugh
ter; self-murder;felony-de-se; death by one's own hand.
[Cases: SuicideC=1.]
assisted suicide. (1976) The intentional act of provid
ing a person with the medical means or the medical
knowledge to commit suicide. Also termed assisted
self-determination; (when a doctor provides the
means) physician-assisted suicide. Cf. EUTHANASIA.
[Cases: Suicide
attempted suicide. (1880) An unsuccessful suicidal act.
[Cases: Suicide (;::::>2.]
physician-assisted suicide. See assisted suicide.
police-assisted suicide. See suicide-by-cop.
sUicide-by-cop. Slang. A form ofsuicide in which the
suicidal person intentionally engages in life-threat
ening behavior to induce a police officer to shoot the
person. Frequently, the decedent attacks the officer
or otherwise threatens the officer's life, but occasion
ally a third person's life is at risk. A suicide-by-cop is
distinguished from other police shootings by three
elements. The person must: (1) evince an intent to die;
(2) consciously understand the finality ofthe act; and
(3) confront a law enforcement official with behavior
so extreme that it compels that officer to act with
deadly force. -Also termed police-assisted suicide;
victim-precipitated homicide.
2. A person who has taken his or her own life.
Also termed felo-de-se;felon-de-se;felon ofoneself.
suicidal, adj.
suicide clause. Insurance. A life-insurance-policy pro
vision either excluding suicide as a covered risk or

1572 suicide letter of credit
limiting the insurer's liability in the event of a suicide to
the total premiums paid. [Cases: Insurance C='2434.]
suicide letter of credit. See clean letter ofcredit under
LETTER OF CREDIT.
sui geneds (s[Y]OO-I or soo-ee jen-d-ris). [Latin "of its
own kind"] (18c) Of its own kind or class; unique or
peculiar . The term is used in intellectual-property law
to describe a regime designed to protect rights that fall
outside the traditional patent, trademark, copyright,
and trade-secret doctrines. For example, a database
may not be protected by copyright law if its content is
not original, but it could be protected by a sui generis
statute designed for that purpose.
sui heredes (s[Y)OO-I hd-ree-deez). [Latin "one's own
heirs"] Roman law. A person's direct descendants who
were unemancipated, and who would be heirs on intes
tacy Also spelled sui haeredes. -Often shortened
to sui. See suus HERES.
"If a man died without a will. his property went to his sui
heredes (own heirs, direct heirs), that is, to the persons
who were previously under his potestas, but were released
from it by his death. If he had adopted as son a person not
connected with him by birth, that person was included
among the sui heredes; on the other hand. a son by birth
whom he had emancipated was.. excluded from the sui
heredes . ..."James Hadley, Introduction to Roman Law
134 (1881).
sui juris (s[Y)OO-1 or soo-ee joor-is). [Latin "of one's own
right; independent" J (l7c) 1. Of full age and capacity.
2. Possessing full social and civil rights. 3. Roman law.
Of or relating to anyone of any age, male or female,
not in the postestas of another, and therefore capable
of owning property and enjoying private law rights .
As a status, it was not relevant to public law.
sui potens (s[Y]OO-I poh-tenz). [Latin) Hist. Able to do
something, as in to enter a contract.
suit. (14c) Any proceeding by a party or parties against
another in a court oflaw; CASE (1). -Also termed
lawsuit; suit at law. See ACTION (4).
ancillary suit (an-sd-Ier-ee). (1845) An action, either
at law or in equity, that grows out ofand is auxiliary
to another suit and is filed to aid the primary suit,
to enforce a prior judgment, or to impeach a prior
decree. Also termed ancillary bill; ancillary pro
ceeding; ancillary process. [Cases: Federal Courts C~\
20.1.]
blackmail suit. (1892) A suit filed by a party having no
genuine claim but hoping to extract a favorable settle
ment from a defendant who would rather avoid the
expense and inconvenience oflitigation.
class suit. See CLASS ACTION.
derivative suit. See DERIVATIVE ACTION (1).
frivolous suit. (1837) A lawsuit having no legal basis,
often filed to harass or extort money from the defen
dant. [Cases: Action (~8; Costs C=>2; Federal Civil
Procedure <8::::;2767.]
official-capacity suit. A lawsuit that is nominally
against one or more individual state employees but that has as the real party in interest the state or a
local government. Cf. personal-capacity suit. [Cases:
Officers and Public Employees C=>119.)
personal-capacity suit. An action to impose personal,
individual liability on a government officer. Cf. offi
cial-capacity suit.
petitory suit. See petitory action under ACTION (4).
plenary suit (plee-nd-ree or plen-d-ree). (1817) An
action that proceeds on formal pleadings under
rules of procedure. Cf. summary proceeding under
PROCEEDING.
sham suit. See sham action under ACTION (4).
strike suit. (1902) A suit (esp. a derivative action), often
based on no valid claim, brought either for nuisance
value or as leverage to obtain a favorable or inflated
settlement. [Cases: Corporations C=>214.)
suit at law. A suit conducted according to the common
law or equity, as distingUished from statutory provi
sions. Under the current rules ofpractice in federal
and most state courts, the term civil action embraces
an action both at law and in equity. Fed. R. Civ. P. 2.
See action at law under ACTION (4).
suit in equity. A civil suit stating an equitable claim and
asking for an exclusively equitable remedy. Also
termed action in equity. lCases: Action C=>21.]
suit ofa civil nature. A civil action. See civil action
under ACTION (4).
suitable, adj. (Of goods, etc.) fit and appropriate for their
intended purpose.
suitas (s[y)oo-d-tas), n. [Law Latin]1he status ofa proper
heir.
suit for exoneration. (1928) A suit in equity brought by
a surety to compel the debtor to pay the creditor . If
the debtor has acted fraudulently and is insolvent, a
suit for exoneration may include further remedies to
ensure that the debtor's assets are applied equitably to
the debtor's outstanding obligations. -Also termed
suit to compel payment. [Cases: Principal and Surety
179.)
suit money. (1846) Attorney's fees and court costs
allowed or awarded by a court; esp., in some jurisdic
tions, a husband's payment to his wife to cover her
reasonable attorney's fees in a divorce action. [Cases:
Divorce
suitor. (16c) 1. A party that brings a lawsuit; a plaintiff
or petitioner. 2. An individual or company that seeks
to take over another company.
Suitors' Deposit Account. English law. An account con
sisting of suitors' fees paid in the Court ofChancery
that, by the Chancery Act of 1872, were to be invested
in government se


Court ofChancery
that, by the Chancery Act of 1872, were to be invested
in government securities bearing interest at 2% per
annum on behalf of the investing suitor, unless the
suitor directed otherwise.
Suitors' Fee Fund. Hist. A fund consisting largely offees
generated by the Court of Chancery out of which the
court officers' salaries and expenses were paid . In

1573
1869 the fund was transferred to the Commissioners
for the Reduction of the National Debt.
suit papers. See COURT PAPERS.
suitpro laesione fidei (proh lee-zhee-oh -nee fI-dee-I), n.
[Latin "for injury to faith"] Hist. Eccles. law. A suit in
ecclesiastical court for spiritual offenses against con
science, nonpayment ofdebts, or a breach ofcontract,
esp. an oral contract made by oath.
Suits in Admiralty Act. A 1920 federal law giving injured
parties the right to sue the government in admiralty.
46 USCA app.  741-52. [Cases: United States ~
78(7).J
suit to compel payment. See SUIT FOR EXONERATION.
sum. 1. A quantity of money. 2. English law. A legal
summary or abstract; a compendium; a collection .
Several treatises are called sums.
sum certain. (16c) 1. Any amount that is fixed, settled, or
exact. 2. Commercial law. In a negotiable instrument, a
sum that is agreed on in the instrument or a sum that
can be ascertained from the document. [Cases: Bills
and Notes G=' 157.]
summa injuria (s3m-~ in-joor-ee-~). [Latin] The greatest
injury or injustice.
summa necessitate (s3m-~ ni-ses-~-tay-tee). [Latin] Hist.
In extreme necessity. See NECESSITY.
summa potestas (s~m-3 p~-tes-tds), n. [Latin "sum or
totality ofpower"] The final authority or power in gov
ernment.
summary, adj.(l5c) 1. Short; concise <a summary
account ofthe events on March 6>. 2. Without the usual
formalities; esp., without a jury <a summary trial>. 3.
Immediate; done without delay <the new weapon was
put to summary use by the military>. -summarily
(silm-ilr-;:J-lee or sd-mair-d-lee), adv.
summary, n. (16c) 1. An abridgment or brief. 2. A short
application to a court without the formality of a full
proceeding.
summary adjudication. See partial summary judgment
under SUMMARY JUDGMENT.
summary conviction. See CONVICTION.
summary court-martial. See COURT-MARTIAL.
summary disposition. See SUMMARY JUDGMENT.
summary eviction. See EVICTION.
summary judgment. (18c) A judgment granted on a
claim or defense about which there is no genuine issue
ofmaterial fact and upon which the movant is entitled
to prevail as a matter oflaw . The court considers the
contents of the pleadings, the motions, and additional
evidence adduced by the parties to determine whether
there is a genuine issue of material fact rather than
one of law. This procedural device allows the speedy
disposition ofa controversy without the need for trial.
Fed. R. Civ. P. 56. Also termed summary disposi
tion;judgment on the pleadings. See JUDGMENT. [Cases: summer clerk
Federal Civil Procedure ~2461-2559; Judgment
178-190.]
partial summary judgment. (1924) A summary
judgment that is limited to certain issues in a case and
that disposes of only a portion of the whole case.
Also termed summary adjudication. [Cases: Federal
Civil Procedure G='2557; Judgment ~181(14).]
summary-judgment motion. See MOTION FOR SUMMARY
JUDGMENT.
summary jurisdiction. See JURISDICTION.
summary jury trial. See TRIAt.
summary of argument. See SUMMARY OF THE
ARGUMENT.
Summary ofCommentary on Current Economic Con
ditions by Federal Reserve District. See BEIGE BOOK.
summary offense. 1. See OFFENSE (1). 2. See MISDE
MEANOR (1).
summary of the argument. The part of a brief, esp. an
appellate brief, in which the advocate condenses the
argument to a precis or synopsis, directing the court to
the heart ofthe argument on each point.  A summary
typically runs from one to four pages. Also termed
summary ofargument. [Cases: Appeal and Error
761; Criminal Law 1130(3); Federal Courts (;:::::>
714.]
"A summary of the argument. suitably paragraphed. The
summary should be a clear and concise condensation of
the argument made in the body of the brief; mere repeti
tion ofthe headings under which the argument is arranged
is not sufficient." Sup. Ct. R. 24.1(h).
summary of the invention. Patents. In a U.S. patent
application, the section that describes the nature, oper
ation, and purpose of the invention in enough detail
that the examiner and anyone searching the patent lit
erature for prior art can understand the unique char
acter of the invention. [Cases: Patents ~99.]
summary plan description. Under the Employee Retire
ment Security Act (ERISA), an outline ofan employee
benefit plan, containing such information as the
identity of the plan administrator, the requirements
for eligibility and participation in the plan, circum
stances that may result in disqualification or denial of
benefits, and the identity of any insurers responsible
for financing or administering the plan . A summary
plan description must generally be furnished to all
employee-benefIt-plan participants and beneficiaries.
29 USCA  1022. [Cases: Labor and Employment
483]-Abbr. SPD.
summary procedure. See SHOW-CAUSE PROCEEDING.
summary proceeding. See PROCEEDING.
summary process. See PROCESS.
summary trial. See summary proceeding under PRO
CEEDING.
summation. See CLOSING ARGUMENT.
summer associate. See CLERK (4).
summer clerk. See CtERK (4).

summing up 1574
summing up. 1. CLOSING ARGUMENT. 2. English law. A
judge's review of the key points of evidence presented
in a case and instructions to the jury on the law it is to
apply to the evidence . 'Ihe judge's summing up follows
the advocates' dosing speeches. sum up, vb.
summojure (s;lm-oh ;oor-ee). [Latin] Hist. In the highest
right.
summon, vb. (Bc) To command (a person) by service ofa
summons to appear in court. Also termed summons.
[Cases: Witnesses (~7.1
summoneas (s<I-moh-nee-;3s), n. [Law Latin "you are to
summon"] Hist. A writ ordering a party to appear in
court.
summoner. Hist. A petty officer charged with summon
ing parties to appear in court. See NUNTlUS.
"But process, as we are now to consider it, is the method
taken by the law to compel a compliance with the original
writ, of which the primary step is by giving the party notice
to obey it. This notice is given ... by summons: which is a
warning to appear in court ... given to the defendant by
two of the sheriff's messengers called summoners, either
in person or left at his house or land." 3 William Blackstone,
Commentaries on the Laws of England 279 (1768).
summonitio (s<lm-;>-nish-ee-oh), n. [Law Latin fr. Latin
summonere "to summon"] Hist. A summons.
summonitores scaccarii (s;)m-;)n-;>-tor-eez sk;)-kair
ee-I). [Law Latin] Hist. Exchequer officers who assisted
in revenue collections by summoning defaulters to
court.
summons, n. (Bc) 1. A writ or process commencing the
plaintiffs action and requiring the defendant to appear
and answer. [Cases: Federal Civil Procedure C=>401;
Process <>=>7.J 2. A notice requiring a person to appear
in court as a juror or witness. [Cases: Jury (;:::~670);
Witnesses C---=> 7.J 3. Hist. A writ directing a sheriff to
summon a defendant to appear in court. 4. English law.
The application to a common-law judge upon which an
order is made. PI. summonses.
alias summons. A second summons issued after the
original summons has failed for some reason. [Cases:
Process C=>45.]
John Doe summons. 1. A summons to a person whose
name is unknown at the time of service. [Cases:
Federal Civil Procedure (;:::401; Process C=>28.] 2.
Tax. A summons from the Internal Revenue Service to
a third party to provide information on an unnamed,
unknown taxpayer with potential tax liability. Also
termed third-party record-custodian summons. [Cases:
Internal Revenue C=>4493-4517.]
judgment summons. A process used by a judgment
creditor to start an action against a judgment debtor
to enforce the judgment. [Cases: Judgment C=>854.]
short summons. A summons haVing a response time
less than that of an ordinary summons, usu. served
on a fraudulent or nonresident debtor. [Cases: Process
C:-:>33.]
third-party record-custodian summons. See John Doe
summons. summons, vb. (17c) 1. SIlMMON. 2. To request (informa
tion) by summons.
''The horrible expression 'summonsed for an offence'
(turning the noun 'summons' into a verb) has now become
accepted usage, but 'summoned' remains not only allow
able but preferable." Glanville Williams, Learning the Law
15 n.28 (11th ed. 1982).
summum bonum (sam-;)m boh-n<lm also suum-uum
baw-nuum). [Latin] The greatest good.
summum jus (sam-dm ;<'Is). [Latin] The highest law.
sumner (s<'lm-n<lr), n. Hist. A summoning officer, esp. in
an ecclesiastical court. See SUMMONER.
sum-of-the-years' -digits depredation method. See
DEPRECIATION METHOD.
sum payable. 07c) An amount due; esp., the amount for
which the maker of a negotiable instrument becomes
liable and must tender in full satisfaction ofthe debt.
sumptuary law (samp-choo-er-ee). 1. A statute, ordi
nance, or regulation that limits the expenditures that
people can make for personal gratification or ostenta
tious display. 2. More broadly, any law whose purpose
is to regulate conduct thought to be immoral, such as
prostitution, gambling, or drug abuse.
Sunday-dosing law. See BLUE LAW.
Sunday law. See BLUE LAW.
sundries (san-dreez). Miscellaneous items that may be
considered together, without being separately specified
or identified.
sundry (s;ln-dree), adj. Separate; diverse; various.
snnk cost. See COST (1).
sunna. See FEMALE GENITAL MUTILATION.
sunset law. (1976) A statute under which a governmental
agency or program automatically terminates at the end
ofa fixed period unless it is formally renewed. [Cases:
Administrative Law and Procedure G---=> 128.J
sunset legislation. See SUNSET LAW.
sunshine committee. (2000) An official or quasi-official
committee whose proceedings and work are open to
public access. [Cases: Administrative Law and Proce
dure 124.]
sunshine law. (1972) A statute requiring a governmental
department or agency to open its meetings or its records
to public access. -Also termed open-meeting law; pub
lic-meeting law; open-door law. [Cases: Administrative
Law and Procedure 124; Records C-:J50-68.]
suo nomine (s[y]oo-oh nom-<l-nee). [Latin] In one's own
name.
suo periculo. See SUB SUO PERICULO.
SUP. abbr. SPECIAL-USE PERMIT.
sup. ct. abbr. SUPREME COURT.
super (s[y]oo-p;>r). [Latin] Above; over; higher.
super aliquam partemfundi (s[y]oo-p;)r al-j-kwam
pahr-tem fan-dI). [Law Latin] Hist. Upon any part of
the land.

super altum mare (s[y]oo-par ai-tam mair-ee or mahr
ee). [Latin] On the high sea.
super attentatis aut innovatis lite dependente (s[y]
oo-par a-ten-tay-tis awt in-a-vay-tis II-tee dee-pen
den-tee). [Law Latinl Hist. Concerning those things
allegedly due during the pendency of the case.
supercargo. Maritime law. A person specially employed
and authorized by a cargo owner to sell cargo that has
been shipped and to purchase returning cargo, at the
best possible prices; the commercial or foreign agent
ofa merchant.
"Supercargoes are persons employed by commercial
companies or by private merchants to take charge of the
cargoes they export to foreign countries, to sell them there
to the best advantage, and to purchase proper commodi
ties to relade the ships on their return home. They usually
go out with the ships on board of which the goods are
embarked, and return home with them, and in this they
differ from factors who live abroad .... The supercargo
is the agent of the owners, and disposes of the cargo and
makes purchases under


who live abroad .... The supercargo
is the agent of the owners, and disposes of the cargo and
makes purchases under their general instructions on his
own responsibility." 70 Am.Jut. 2d Shipping 886, at 1025
(1987).
superductio (s[yloo-par-d~k-shee-oh), n. [Latin] Roman
law. The obliteration ofpart ofa will or other document
by writing over something erased within it. PI. super
ductiones (s[y]oo-p;}r-ddk-shee-oh-neez).
super eisdem deductis (s[y]oo-pdr ee-is-ddm di-dak-tis).
[Law Latin] Hist. Upon the same grounds.
superfeudation. See SUPERINFEUDATION.
superficiarius (s[y]oo-par-fish-ee-air-ee-<ls), n. [Latin]
Roman law. A person who had a hereditary and alien
able right to a bUilding on municipal or other public
land, subject to the payment of an annual rent. _ In
classical law this right was extended to private land.
Cf. EMPHYTEUSIS.
superficies (s[y]oo-par-fish-ee-eez or -fish-eez), n. [Latin
"surface"] Roman &-civil law. 1. The surface of the
ground. 2. An improvement that stands on the surface
ofthe ground, such as a building, other construction,
trees, plants, or crops. 3. The right ofa superficiarius.
See SUPERFICIARIUS.
Superfund. (1977) 1. The program that funds and
administers the cleanup of hazardous-waste sites
through a trust fund (financed by taxes on petroleum
and chemicals and a tax on certain corporations)
created to pay for cleanup pending reimbursement
from the liable parties. [Cases: Environmental Law
437.] 2. The popular name for the act that established
this program -the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(CERCLA). See CERCLA.
superinfeudation. Hist. The granting of one or more
feuds out of a feudal estate. -Also termed superfeu
dation. Cf. SUBrNFEUDATION.
"Whatever may be the proper view of its origin and legal
nature, the best mode of vividly picturing to ourselves the
feudal organisation is to begin with the baSiS, to consider
the relation of the tenant to the patch of soil which created
and limited his services -~ and then to mount up, through
narrowing circles of super-feudation, till we approximate ! 	to the apex of the system." Henry S. Maine, Ancient Law
88 (17th ed. 1901).
superinstitution. Eccles. law. The investiture of one
person in an office that already has an incumbent,
as when two individuals claim a benefice by adverse
titles.
superintendent. A person with the power to direct activ
ities; a manager.
superintending control. See CONTROL.
superior, adj. (14c) (Of a rank, office, power, etc.) higher;
elevated: possessing greater power or authority; entitled
to exert authority or command over another <superior i
' estate> <superior force> <superior agent>. -superior,
n.
superior agent. See high-managerial agent under AGENT
(2).
superior commissioned officer. See OFFICER (2).
superior court. See COURT.
superior fellow servant. See FELLOW SERVANT.
superior force. 1. See FORCE MAJEURE. 2. See ACT OF GOD.
3. See VIS MAJOR.
superior knowledge. See KNOWLEDGE.
superior-knowledge rule. The doctrine that when a
property owner knows or should know that a hazard
ous condition exists on the property, and the condi
tion is not obvious to a person exercising reasonable
care, the owner must make the premises reasonably
safe or else warn others of the hazardous condition.
-An exception to the rule is sometimes allowed for
obvious dangers or dangers of which the invitee is
aware. Restatement (Second) of Torts  343A. But the
exception is neither automatic nor absolute. See id.
 343A(1) & cmt. f. Also termed equal-or-superior
knowledge rule. Cf. EQUAL-KNOWLEDGE RULE. [Cases:
Negligence C=> 1088.]
superior servant. See superior fellow servant under
FELLOW SERVANT.
superior-servant doctrine. See FELLOW-SERVANT
RULE.
superjurare (s[y]oo-p~r-juu-rair-ee). [Latin "to over
swear"] Hist. To swear too strenuously . This describes
the situation in which an obviously gUilty criminal
attempted to avoid conviction by producing oaths of
several parties but was convicted by an overwhelming
number ofwitnesses.
super jure naturae alendi liberos (s[y]oo-p~r joor-ee
n~-tyoor-ee <l-len-dIlib-~r-ohs). [Law Latin] Hist. On
the ground ofnatural law, obligating persons to support
their children.
superlien. (1984) A government's lien that is imposed
on a property whose condition violates environmental
and public-health and public-safety rules and that has
priority over all other liens, so that the government
can recover public funds spent on cleanup operations.
- A statutory lien is superior to all existing liens and
all later-filed liens on the same property. Superliens

supermajority 1576
are sometimes granted to a state's environmental-pro
tection agency. Several states -including Arkansas,
Connecticut, Massachusetts, New Hampshire, New
Jersey, and Tennessee have enacted statutes creating
superliens on property owned by a party responsible for
environmental cleanup. See LIE~.
supermajority. See MAJORITY.
supermajority provision. A clause in a corporation's
articles ofincorporation requiring more than a simple
majority ofshareholders to vote in favor ofa merger or
substantial sale ofassets.
supernumerarii (s[y]oo-par-n[y]oo-ma-rair-ee-I), n.
[Latin "persons above the number"] Roman law. Offi
cials beyond the permitted number; esp., advocates
who were unregistered and not attached to a particu
lar bar. Cf. STATUTI.
supernumerary witness. See WITNESS.
superoneratio (slyJoo-par-on-a-ray-shee-oh). [Law Latin]
Hist. 1. The act or practice of surcharging a common.
2. The placement of more cattle on a common than is
allowed; overstocking.
superoneratione pasturae. See DE SUPERONERATIONE
PASTURAE.
superplusagium (s[y]oo-par-pla-say-jee-am), n. [Law
Latin] Hist. A surplus; a remainder.
super praerogativa regis (s[y]oo-par pri-rog-<l-tI-va ree
jis), n. [Law Latin] Hist. A writ against the king's tenant's
widow for marrying without royal permission.
superprecedent. See PRECEDENT.
superpriority. Bankruptcy. The special priority status
granted by the court to a creditor for extending credit to
a debtor or trustee that cannot obtain unsecured credit
from a willing lender.  This priority may be either an
administrative claim outranking other administrative
claims or, if certain statutory requirements are met,
a security interest in property. 11 USCA  364(c)(1).
[Cases: BankruptcyC=)3036.]
supersede, vb. (17c) I. To annul, make void, or repeal
by taking the place of <the 1996 statute supersedes the
1989 act>. 2. To invoke or make applicable the right
of supersedeas against (an award ofdamages) <what
is the amount of the bond necessary to supersede the
judgment against her?>. [Cases: Appeal and Error
458,460.] -supersession (for sense 1), n.
supersedeas (soo-p<lr-seed-ee-as), n. [Latin "you
shall desist"] (14c) 1. A writ or bond that suspends
a judgment creditor's power to levy execution, usu.
pending appeal. -Also termed writ ofsupersedeas. 2.
See supersedeas bond under BOND (2). [Cases: Appeal
and Error C=>458; Execution 158(2); Supersedeas
PI. supersedeases (soo-p<lr-see-dee-<ls-iz).
supersedeas bond. See BOND (2).
supersedere (s[y]oo-p<lr-sa-deer-ee). [Law Latin] Hist.
SISTo
"When creditors voluntarily agree to supersede or sist dili
gence against their debtor for a certain period, such an
agreement is called a supersedere; and the same name is given to any judicial act by which creditors are restrained
from doing diligence. A creditor who commits a breach
of the supersedere, whether it be voluntary or judicial, is
liable to the debtor in damages." John Trayner, Trayner's
Latin Maxims 591 (4th ed. 1894).
superseding cause. See CAUSE (1).
super stare decisis. See STARE DECISIS.
super statuto (s[y]oo-par st<l-t[y]oo-toh), n. [Law Latin]
Hist. A writ against tenants-in-chief who transferred
their land without the king's permission in violation of
the Statute ofWestminster II, chs. 12 & 13.
super statuto dearticulis deri (s[y]oo-p;:!r sta-t[y]oo-toh
dee ahr-tik-Y<l-lis kleer-I), n. [Law Latin] Hist. A writ
against a sheriff who unlawfully distrains goods.
super statutoJacto pour seneschal et marshal de roy
(s[y]oo-p;:!r sta-t[y]oo-toh fak-toh poor sen-;:!-shahl ay
mahr-[a-Jshahl d<l roy), n. [Law Latin] Hist. A writ to
restrain the court of the Marshalsea from interfering
in matters outside its jurisdiction.
super statuto versus servantes et laboratores (s[y]oo-par
st;:!-t[y]oo-toh var-sas S<lf-Van-teez et lab-<lr-a-tor-eez),
n. [Law Latin] Rist. 1. A writ against someone who
employs laborers who unlawfully left former employ
ments. 2. A writ against a person who refused to work
at the required wage.
superstitious use. See USE (1).
supervening cause. See intervening cause under CAUSE
(1).
supervening impossibility. See IMPOSSIBILITY.
supervening negligence. See subsequent negligence
under NEGLIGENCE.
supervening-negligence doctrine. See LAST-CLEAR
CHANCE DOCTRINE.
supervised visitation. See VISITATION.
supervision, n. The act ofmanaging, directing, or over
seeing persons or projects. -supervise, vb. super
visory (soo-p<lr-VI-za-ree), adj.
supervision order. See ORDER (2).
supervisor, n. (15c) 1. One having authority over others; a
manager or overseer. Under the National Labor Rela
tions Act, a supervisor is any individual having author
ity to hire, transfer, suspend, layoff, recall, promote,
discharge, discipline, and handle grievances ofother
employees, by exercising independent judgment. 2.
The chief administrative officer of a town or county.
[Cases: Counties C;)41.] supervisorial (soo-p<lr
vl-zOr-ee-<lI), adj.
supervisory authority. Military law. An officer who,
exercising general court-martial jurisdiction, reviews
summary and special court-martial trial records after
the convening authority has reviewed them. [Cases:
Military Justice G:=> 1380.]
supervisory control. The control exercised by a higher
court over a lower court, as by prohibiting the lower
court from acting extrajurisdictionally and by revers

1577
ing its extrajurisdictional acts. See MANDAMUS. [Cases:
Courts (;::;:l207.)
supine negligence. See advertent negligence under NEG
LIGENCE.
supplanting limitation. See LIMITATION.
supplemental, adj. (17c) Supplying something additional;
adding what is lacking <supplemental rules>.
supplemental affidavit. See AFFIDAVIT.
supplemental agreement. See side agreement under
AGREEMENT.
supplemental bill. See BILL (2).
supplemental bill in the nature of a bill of review. See
bill in the nature ofa bill ofreview under BILL (2).
supplemental claim. See CLAIM (4).
supplemental complaint. See COMPI.AINT.
supplemental declaration. Patents. A sworn document,
filed after the U.S. Patent and Trademark Office allows
a patent's issuance. See SUPPLEMENTAL OATH.
supplemental jurisdiction. See JURISDICTION.
supplemental-needs trust. See TRUST.
supplemental pleading. See PLEADING (1).
supplemental register. Trademarks. A roll oftrademarks
that are ineligible for listing on the Principal Register
because they are not distinctive . Marks on the sup
plemental register are not protected by trademark law,
except to the extent that the listing may bar the regis
tration of a similar mark. The listing may be required,
however, for the mark to be registered in other coun
tries. 15 USCA  1091. Cf. PRINCIPAL REGISTER. -Also
termed secondary register. Trademarks (;::;:l1246.
Supplemental