among a seller's customers by selling substantially the
same products at favorable prices to one customer, or a
select group of customers, to the detriment ofothers. 15
USCA  13(a). A secondary-line injury, which refers
to competition among the seller's customers, is distin
guishable from a primary-line injury, which refers to
the anticompetitive effects that predatory pricing has
on the direct competitors of the seller. Cf. PRIMARY
LINE INJURY.
secondary market. See MARKET.
secondary meaning. Intellectual property. A special
sense that a trademark or tradename for a business,
goods, or services has acquired even though the trade
mark or trade name was originally merely descriptive
and therefore not protectable . The term does not refer
to a subordinate or rare meaning, but rather to a later
meaning that has been added to the original one borne
by the mark or name and that has now become in the
market its usual and primary meaning. Also termed
special meaning; trade meaning. [Cases: Trademarks
(:::::> 1032.J
"Secondary meaning is association, nothing more. It exists
only in the minds of those of the public who have seen or
known or have heard of a brand of goods by some name
or sign and have associated the two in their minds." Harry
D. Nims, The Law of Unfair Competition and TradeMarks
105 (1929).
secondary mortgage market. See MORTGAGE MARKET.
secondary motion. See MOTION (2).
secondary obligation. See OBLIGATION.
secondary offering. See OFFERING.
secondary party. Commercial law. 1. A party not pri
marily liable under an instrument, such as a guarantor.
[Cases: Bills and Notes <::-='49; Guaranty (:::::>33.] 2. The
drawer or indorser ofa negotiable instrument.
secondary picketing. See PICKETING.
secondary register. See SUPPLEMENTAL REGISTER.
secondary reserve ratio. See RESERVE RATIO.
secondary right. See RIGHT.
secondary strike. See STRIKE.
secondary term. Oil & gas. The term of an oil-and-gas
lease after production has been established, typically

1412 secondary trading
lasting "as long thereafter as oil and gas is produced
from the premises." See HABENDUM CLAUSE; PRIMARY
TERM. [Cases: Mines and Minerals C=>73.5.]
secondary trading. See TRADING.
secondary use. See shifting use under USE (4).
second chair, n. (1968) A lawyer who helps the lead
attorney in court, usu. by examining some of the wit
nesses, arguing some ofthe points oflaw, and handling
parts of the voir dire, opening statement, and closing
argument <the young associate was second chair for
the fraud case>. -second-chair, vb.
second-collision doctrine. See CRASHWORTHlNESS
DOCTRINE.
second cousin. See COUSIN.
second-degree amendment. See secondary amendment
under AMENDMENT (3).
second-degree manslaughter. See involuntary man
slaughter under MANSLAUGHTER.
second-degree murder. See MURDER.
second-degree principal. See principal in the second
degree under PRINCIPAL (2).
second deliverance. See DELIVERANCE.
second delivery. See DELIVERY.
second distress. See DISTRESS.
secondhand evidence. See HEARSAY.
second-impact doctrine. See CRASHWORTHINESS
DOCTRINE.
second lien. See LIEN.
second-look doctrine. (1962) 1. WAIT-AND-SEE PRIN
CIPLE. 2. An approach that courts use to monitor the
continuing effectiveness or validity of an earlier order.
 For example, a family court may reconsider a waiver
of alimony, and a federal court may reconsider a law
that Congress has passed a second time after the first
law was struck down as unconstitutionaL
second mortgage. See MORTGAGE.
second offense. See OFFENSE (1).
second-parent adoption. See ADOPTION.
second-permittee doctrine. Insurance. The principle
that, when a third person is allowed to use an insured's
car by permission granted by someone else to whom
the insured gave permission to use the car, the third
person's use of the car will be a permissive use, under
the insured's automobile-liability-insurance policy, as
long as that use falls within the scope of the permis
sion originally given by the insured.lCases: Insurance
C=>2666.]
seconds, n. Commercial law. Goods that are defective or
nonconforming because they do not meet a recognized
standard.
second-step freezeout. See FREEZEOUT.
second surcharge. See SURCHARGE.
second-tier patent. See UTILITY MODEL. second user. See JUNIOR USER.
secrecy. The state or quality of being concealed, esp.
from those who would be affected by the concealment;
hidden.
secret, n. (14c) 1. Something that is kept from the knowl
edge of others or shared only with those concerned.
See STATE SECRET; TRADE SECRET. 2. Information that
cannot be disclosed without a breach of trust; specif.,
information that is acquired in the attorney-client
relationship and that either (1) the client has requested
be kept private or (2) the attorney believes would be
embarrassing or likely to be detrimental to the client
ifdisclosed. Under the ABA Code of Professional
Responsibility, a lawyer usu. cannot reveal a client's
secret unless the client consents after full disclosure.
DR 4-101. Cf. CONfIDENCE (3). [Cases: Attorney and
Client C=>32(l3).]
secretariU5 (sek-ra-tair-ee-as), n. [Law Latin] See APOC
RISARIUS.
secretary. 1. An administrative assistant. 2. A corporate
officer in charge ofofficial correspondence, minutes of
board meetings, and records of stock ownership and
transfer. -Also termed clerk ofthe corporation. [Cases:
Corporations 3. Parliamentary law. An officer
charged with recording a deliberative assembly's pro
ceedings. Also termed clerk; recorder; recording sec
retary; recording officer; scribe.
corresponding secretary. An officer in charge of an
organization's correspondence, usu. including notices
to members.
financial secretary. 1. An officer in charge of billing,
collecting, and accounting for dues from the members.
2. TREASURER.
Secretary General. The chief administrative officer of
the United Nations, nominated by the Security Council
and elected by the General Assembly.
Secretary ofAgriculture. The member ofthe President's
cabinet who heads the U.S. Department of Agriculture.
[Cases: Agriculture C=>2.]
Secretary ofCommerce. The member ofthe President's
cabinet who heads the U.S. Department ofCommerce.
[Cases: United States C-;:;)32.]
Secretary of Defense. The member ofthe President's
cabinet who heads the U.S. Department of Defense.
[Cases: C'nited States C=>32.]
Secretary of Education. The member ofthe President's
cabinet who heads the U,S. Department of Education.
[Cases: United States
secretary of embassy. A diplomatic officer appointed
as secretary or assistant, usu. to an ambassador or
minister plenipotentiary.
Secretary of Energy. The member of the President's
cabinet who heads the U.S. Department of Energy.
[Cases: United States
Secretary of Health and Human Services. The
member of the President's cabinet who heads the U.S.

1473
Department of Health and Human Services. [Cases:
United States (:::>32.]
Secretary of Homeland Security. The member of the
President's cabinet who heads the u.s. Department of
Homeland Security. [Cases: United States (:::>32.]
Secretary of Housing and Urban Development. The
member of the President's cabinet who heads the U.S.
Department of Housing and Urban Development.
[Cases: United States (:::>32.]
Secretary of Labor. The member of the President's
cabinet who heads the U.S. Department of Labor.
[Cases: United States (:::>32.]
secretary oflegation. An officer employed to attend a
foreign mission and perform certain clerical duties.
Secretary ofState. (ISc) 1. The member of the President's
cabinet who heads the U.S. Department ofState. _ The
Secretary is the first-ranking member ofthe cabinet and
is also a member ofthe National Security Council. He
or she is fourth in line ofsuccession to the presidency
after the Vice President, the Speaker of the House,
and the President pro tempore of the Senate. [Cases:
Vnited States (:::> 32.] 2. A state government official
who is responsible for the licensing and incorporation
ofbusinesses, the administration ofelections, and other
formal duties . The secretary ofstate is elected in some
states and appointed in others. [Cases: United States
(:::>68.J
Secretary ofthe Interior. The member ofthe President's
cabinet who heads the U.S. Department ofthe Interior.
[Cases: United States (:::>32.]
Secretary ofthe Treasury. The member ofthe President's
cabinet who heads the U.S. Department ofthe Treasury.
[Cases: United States C=:>32.]
Secretary of Transportation. The member ofthe Presi
dent's cabinet who heads the U.S. Department ofTrans
portation. [Cases: United States (:::>32.]
Secretary of Veterans Affairs. The member of the
President's cabinet who heads the U.S. Department of
Veterans Affairs. [Cases: United States (:::> 102.]
secret ballot. See BALLOT (2).
secret detainee. See DETAINEE.
secret detention. See DETENTION.
secret diplomacy. See DIPLOMACY.
secrete (si-kreet), vb. (l7c) To conceal or secretly transfer
(property, etc.), esp. to hinder or prevent officials or
creditors from finding it.
secret equity. See latent equity under EQUITY.
secret evidence. See EVIDENCE.
secretion of assets. 'The hiding of property, usu. for the
purpose of defrauding an adversary in litigation or a
creditor.
secret lien. See LIEN.
secret partner. See PARTNER.
Secret Service. See UNITED STATES SECRET SERVICE. Section 8 and 15 declaration
secret session. See executive session under SESSION (1).
secret testament. See mystic will under WILL.
secret trust. See TRUST.
secret will. See mystic will under WILL.
secta (sek-to:l), n. [Latin "suit"] 1. Roman law. A group of
followers, as of a particular religion or school of phi
losophy, law, etc.; a religious sect. 2. His!. People whom
a plaintiff must bring to court to support the plaintiff's
case. 3. Hist. A lawsuit.
secta ad molendinum. See DE SECTA AD MOLENDINUM.
i secta curiae (sek-to:l kyoor-ee-ee). [Latin "suit ofcourt"]
Hisl. Attendance at court, esp. by feudal tenants, who
are obligated to attend the lord's court as jurors or
parties.
secta facienda per Wam quae habet eniciam partem
(sek-to:l fay-shee-en-do:l po:lr i1-o:lm kwee hay-bo:lt i-nish
ee-o:lm pahr-to:lm), n. [Law Latin "suit to be performed by
her who has the eldest part"] Hist. A writ ordering the
eldest heir or coparcener to perform suit and services
for all the coheirs or coparceners.
secta regalis (sek-to:l ri-gay-lis). [Latin "king's suit"] Hist.
An obligation to attend the sheriff's court twice a year,
so called because it had the same functions and juris
diction as the king's court.
sectarian, adj. Ofor relating to a particular religious sect
<sectarian college>.
sectatoris (sek-to:l-tor-is), n. [Latin] Roman law. A sup
porter of a candidate for office, who accompanied a
candidate during a campaign, primarily to impress
voters. PI. sectatores.
secta unica tantum facienda pro pluribus haeredita
tibus (sek-to:l yoo-no:l-ko:l tan-to:lm fay-shee-en- do:l proh
ploor-o:l-bi}s ho:l-red-o:l-tay-to:l-bo:ls), n. [Law Latin "one
suit alone to be performed for several inheritances"]
Hist. A writ exempting the eldest heir, distrained by a
lord to perform several services for the coheirs, from
performing all services but one.
section. (16c) 1. A distinct part or division ofa writing,
esp. a legal instrument. -Abbr. ; sec.; s. 2. Real estate.
A piece of land containing 640 acres, or one square
mile. Traditionally, public lands in the United States
were divided into 640-acre squares, each one called a
"section." -Also termed section ofland.
halfsection. A piece ofland containing 320 acres, laid
off either by a north-and-south or by an east -and-west
line; half a section ofland.
quarter section. A piece ofland containing 160 acres,
laid offby a north-south or east-west line; one quarter
ofa section ofland, formerly the amount usu. granted
to a homesteader. Often shortened to quarter.
Section 8 affidavit. See DECLARATION OF "LSE.
Section 8 and 15 affidavit. See COMBINED  8 AND  15
AFFIDAVIT.
Section 8 and 15 declaration. See COMBINED  8 AND
 15 AFFIDAVIT.

Section 8 declaration. See DECLARATION OF USE.


 8 AND
 15 AFFIDAVIT.

Section 8 declaration. See DECLARATION OF USE.
section 8(f) agreement. Labor law. A labor contract that
is negotiated between an employer in the construction
business and a union that cannot demonstrate that it
represents a majority of the employees at the time the
contract is executed. 29 USCA  158(f) . This is an
exception to the general rule that an employer need
only negotiate with a union that can demonstrate
majority status. It was enacted in part because of the
nature of the construction industry, in which the
employers may have several different jobs in different
parts of the country, the jobs are typically completed
in a relatively short time, and the workforce is often
transient. Since the workforce often does not have suf
ficient ties to a particular employer to petition for a
certification election, section 8(f) agreements provide
a certain level ofprotection in recognition of that fact.
But section 8(f) agreements are not equivalent to collec
tive-bargaining agreements. For example, the employer
can legally repudiate the agreement at any time, and the
employees may not legally picket to enforce the agree
ment. The main protection such an agreement provides
is a monetary obligation, which can be enforced, if
necessary, in federal court. And if the union achieves
majority status, the section 8(f) agreement will essen
tially become a fully enforceable collective-bargaining
agreement.
Section 15 affidavit. See DECLARATION OF INCOKTEST
ABILITY.
Section 15 declaration. See DECLARATION OF INCON
TESTABILITY.
Section 43(a) action. Trademarks. A private cause of
action codified in the Lanham Trademark Act and
covering a broad spectrum ofdeceptive trade practices,
including passing off, false advertising, trade-dress
infringement, trademark dilution, and cyperpiracy.
15 USCA  1125(a). [Cases: Antitrust and Trade Regu
lation ~::;;61; Trademarks
Section 101 rejection. See REJECTION.
Section 102 rejection. See REJECTION.
Section 103 rejection. See REJECTION.
Section 112 rejection. See vague-and-indefinite rejection
under REJECTIO.'II.
section ofland. See SECTiON (2).
sectis nonfaciendis (sek-tis non fay-shee-en-dis). See DE
SECTIS NON FACIENDIS.
sector (sek-tor), n. [Latin] Roman law. A successful bidder
at a public auction. Pi. sectores.
sector search. See zone search under SEARCH.
secular, adj. Worldly, as distinguished from spiritual
<secular business>.
secular clergy. 1. Clergy who have no particular religious
affiliation or do not belong to a particular religious
denomination. 2. Clergy who live in their parishes and
minister there, as contrasted with regular clergy who
live in monasteries. secular trust. See TRUST (3).
secundum (si-kan-dam), adj. [Latin] Roman law. Accord
ing to; in favor of, as in secundum actorem ("in favor
of the plaintiff').
secundum aequum et bonum (si-kan-dam ee-kwam et
boh-mm). [Latin] Hist. According to what is just and
good.
secundum allegata etprobata (si-kan-dam al-a-gay-ta et
pra-bay-ta). [Latin] Hist. According to what is alleged
and proved.
secundum artem (si-kan-dam ahr-tam). [Latin] Hist.
According to the art or trade.
secundum bonos mores (si-kan-dam boh-nohs mor-eez).
[Latin] Hist. According to good usages; customary.
secundum bonum et aequum (sa-kan-dam boh-nam et
ee-kwam). [Latin] Hist. According to that which is good
and equitable.
secundum chartam conficiendam (sa-kan-dam
kahr-tam kan-fish-ee-eu-dam). [Law Latin] Hist.
According to a charter to be granted. Cf. SECUNDUM
TENOREM CHARTAE CONFECTAE.
secundum consuetudinem manerii (si-k.m-dam kon
SW;J-t[y]oo-d;J-nam ma-neer-ee-I). [Law Latin] Hist.
According to the custom of the manor.
secundum formam chartae (si-kan-dam for-mam kahr
tee). [Law Latin] Hist. According to the form of the
charter.
secundum formam doni (si-hn-dam for-mam doh-ill).
[Latin] Hist. According to the form of the gift or
grant.
secundum formam statuti (si-kan-dam for-mam sta-t[y]
oo-tr). [Law Latin] Hist. According to the form of the
statute.
secundum legem communem (si-kan-dam lee-jam
ka-myoo-nam). [Law l.atin] Hist. According to the
common law.
secundum legem domicilii, velloc; contractus (sa-kan
dam lee-jam dom-a-sil-ee-I, velloh-sI kan-trak-tas).
[Law Latin] Hist. According to the law of the domicile
or of the place where the contract was entered into. See
LEX LOCI CONTRACTUS.
secundum materiam subjectam (sa-hn-dam ma-teer
ee-am sab-jek-tam). [Latin] Hist. According to the
subject matter.
secundum naturam. [Latin] According to nature.
secundum norm am legis (si-kan-dam nor-mam lee-jis).
[Latin] Hist. According to the rule of law; by rule of
law.
secundum regulam (si-kan-dam reg-p-Iam). [Latin]
Hist. According to the rule; by rule.
secundum subjectam materiam (si-kan-dam sab-jek
tam ma-teer-ee-am). [Law Latin] Hist. According to
the subject matter.
secundum tenorem chartae confectae (sa-kan
dam ta-nor-am kahr-tee kan-fek-tee). [Latin] Hist.

According to the tenor of the charter already granted. ! Securities and Exchange Commission. The five-member
Cf. SECUNDUM CHARTAM CONFICIENDAM.
secundum vires hereditatis (s;J-kan-d;Jm VI-reez h;J-red
i-tay-tis). [Law Latin] Rist. According to the extent of
the inheritance.
secundum vires inventarii (sa-k;m-dam VI-reez in-ven
tair-ee-I). [Law Latin] Hist. According to the extent of
the inventory.
secured, adj. (1875) 1. (Of a debt or obligation) supported
or backed by security or collateraL [Cases: Secured
Transactions C=>2.] 2. (Of a creditor) protected by a
pledge, mortgage, or other encumbrance of property
that helps ensure financial soundness and confidence.
See SECURITY. [Cases: Mortgages
secured bond. See BOND (3).
secured claim. See CLAIM (5).
secured creditor. See CREDITOR.
secured debt. See DEBT.
secured loan. See LOAN.
secured note. See NOTE (1).
secured party. See secured creditor under CREDITOR.
secured transaction. (1936) A business arrangement
by which a buyer or borrower gives collateral to the
seller or lender to guarantee payment ofan obligation.
-Article 9 ofthe UCC deals with secured transactions.
See SECURITY AGREEMENT. [Cases: Secured Transac
tions C~l.]
securitas (si-kyoor-i-tas), n. [Latin) 1. Roman law.
Security; freedom from liability after performance. 2.
Civil law. A release.
securitatem inveniendi (si-kyoor-i-tay-tam in-vee-nee
en-dI), n. [Law Latin] Hist. A writ from the Crown
requiring subjects to find security to ensure that they
would not leave the kingdom without the Crown's per
mission. _ It was replaced by ne exeat regno. See NE
EXEAT.
securitate pads (si-kyoor-i-tay-tee pay-sis), n. [Law Latin
"of security of the peace"] Hist. A writ for someone
fearing bodily harm from another, as when the person
has been threatened with violence. -Also termed secu
ritatis pads; writ ofthreats.
securities act. (1933) A federal or state law protecting
the public by regulating the registration, offering, and
trading of securities. See SECURITIES ACT OF 1933;
SECURITIES EXCHANGE ACT OF 1934; BLUE-SKY LAW.
Securities Act of 1933. The federal law regulating the
registration and initial public offering of securities,
with an emphasis on full publk disclosure of financial
and other information. 15 USCA  77a-77aa. -Also
termed Securities Act; 1933 Act. [Cases: Securities Reg
ulation C=>11.10-30.15.]
securities analyst. A person, usu. an employee ofa bank,
brokerage, or mutual fund, who studies a company and
reports on the company's securities, financial condi
tion, and prospects. federal agency that regulates the issuance and trading
ofsecurities to protect investors against fraudulent or
unfair practices. -The Commission was established
by the Securities Exchange Act of 1934. --Abbr. SEC.
[Cases: Securities Regulation C::>81-89.J
Securities and Investment Board. See FINANCIAL
SERVICES AGENCY. Abbr. SIB.
securities broker. See BROKER.
securities exchange. (1909) 1. A marketplace or facility
for the organized purchase and sale of securities, esp.
stocks. 2. A group of people who organize themselves
to create such a marketplace; EXCHANGE (5). -Often
shortened to exchange. Also termed stock exchange.
[Cases: Exchanges C::> 1.J
regional securities exchange. A securities exchange
that focuses on stocks and bonds oflocal interest,
such as the Boston, Philadelphia, and Midwest stock
exchanges. -Also termed regional stock exchange.
Securities Exchange Act of 1934. The federal law reg
ulating the public trading of securities. -This law
provides for periodic disclosures by issuers ofsecurities
and for the registration and supervision of securities
exchanges and brokers, and regulates proxy solicita
tions. The Act also established the SEC. 15 USCA  78a
et seq. -Also termed Exchange Act; 1934 Act. [Cases:
Securities Regulation C=>35.l0-67.15.]
Securities Investor Protection Act. A 1970 federal law
establishing the Securities Investor Protection Cor
poration that, although not a governmental agency,
is deSigned to protect investors whose brokers and
dealers are in financial trouble. -Abbr. SIPA. 15
USCA  78aaa et seq. [Cases: Securities Regulation
C=> 185.10-185.21.]
Securities Investor Protection Corporation. A federally
chartered corporation established under the Securities
Investor Protection Act to protect investors and help
brokers in financial trouble. -Abbr. SIPe. See SECU
RITIES INVESTOR PROTECTION ACT. [Cases: Securities
Regulation (;:)185.11.]
securities-offering distribution. See DISTRIBUTION.
securitizable, adj. 1. Of, relating to, or constituting the
class of obligations that a creditor (originator) may
package and sell to others for corporate purposes. 2.
(Of an asset) capable of being rapidly converted to
cash, as with commercial-loan receivables and trade
accounts receivable.
securitize, vb. To convert (assets) into negotiable secu
rities for resale in the financial market, allOWing the
issuing financial institution to remove assets from its
books, and thereby improve its capital ratio and liquid
ity, and to make new loans with the security proceeds
ifit so chooses. securitized, adj. -securitization,
n.
security, n. (15c) 1. Collateral given or pledged to guaran
tee the fulfillment ofan obligation; esp., the assurance
that a creditor will be repaid (usu. with interest) any

money or credit extended to a debtor. [Cases: Secured
Transactions 115.]2. A person who is bound by
some type of guaranty; SURETY. 3. The state of being
secure, esp. from danger or attack. 4. An instrument
that evidences the holder's ownership rights in a firm
(e.g., a stock), the holder's creditor relationship with a
firm or government (e.g., a bond), or the holder's other
rights (e.g., an option). - A security indicates an interest
based on an investment in a common enterprise rather
than direct participation in the enterprise. Under an
important statutory definition, a security is any interest
or instrument relating to finances, including a note,
stock, treasury stock, bond, debenture, evidence of
indebtedness, certificate ofinterest or participation in
a profit-sharing agreement, collateral trust certificate,
preorganization certificate or subscription, transfer
able share, investment contract, voting trust certificate,
certificate ofdeposit for a security, fractional undivided
interest in oil, gas, or other mineral rights, or certificate
of interest or participation in, temporary or interim
certificate for, receipt for, guarantee of, or warrant or
right to subscribe to or purchase any ofthese things. A
security also includes any put, call, straddle, option, or
privilege on any security, certificate of deposit, group
or index of securities, or any such device


, option, or
privilege on any security, certificate of deposit, group
or index of securities, or any such device entered into
on a national securities exchange, relating to foreign
currency. 15 USCA  77b(1). Also termed (in sense
4) evidence ofindebtedness; evidence ofdebt. Cf. SHARE
(2); STOCK (4). [Cases: Corporations C::>63.1, 470; Secu
rities Regulation 249.]
"Securities differ from most other commodities in which
people deal. They have no intrinsic value in themselves
they represent rights in something else. The value of a
bond, note or other promise to pay depends on the finan
cial condition of the promisor. The value of a share of
stock depends on the profitability or future prospects of
the corporation or other entity which issued it; its market
price depends on how much other people are willing to
pay for it, based on their evaluation of those prospects."
David L. Ratner, Securities Regulation in a .Nutshell1 (4th
ed. 1992).
"What do the following have in common: scotch whisky,
self-improvement courses, cosmetics, earthworms,
beavers, muskrats, rabbits, chinchillas, fishing boats,
vacuum cleaners, cemetery lots, cattle embryos, master
recording contracts, animal feeding programs, pooled
litigation funds, and fruit trees? The answer is that they
have all been held to be seCUrities within the meaning of
federal or state securities statutes. The vast range of such
unconventional investments that have fallen within the
ambit of the securities laws' coverage is due to the broad
statutory definition of a 'security' ...." 1 Thomas Lee
Hazen, Treatise on the Law of Securities Regulation  1.5,
at 28-29 (3d ed. 1995).
adjustment security. A stock or bond that is issued
during a corporate reorganization. _ The security
holders' relative interests are readjusted during this
process.
assessable security. A security on which a charge or
assessment covering the obligations of the issuing
company is made. _ Bank and insurance-company
stock may be assessable. asset-backed security. A debt security (such as a bond)
that is secured by assets that have been pooled and
secured by the assets from the pool.
bearer security. An unregistered security payable to the
holder. Cf. bearer bond under BOND (3).
callable security. See redeemable security.
certificated security. A security that is a recognized
investment vehicle, belongs to or is divisible into a
class or series of shares, and is represented on an
instrument payable to the bearer or a named person.
UCC  8-102(1)(4). [Cases: Corporations <;::)94.]
collateral security. 1. A security, subordinate to
and given in addition to a primary security, that is
intended to guarantee the validity or convertibility
ofthe primary security. 2. COLLATERAL (2).
consolidated security. (usu. pl.) A security issued in
large enough numbers to provide the funds to retire
two or more outstanding issues of debt securities.
conversion security. The security into which a convert
ible security may be converted, usu. common stock.
convertible security. A security (usu. a bond or pre
ferred stock) that may be exchanged by the owner
for another security, esp. common stock from the
same company, and usu. at a fixed price on a speci
fied date. -Also termed (specif.) convertible debt;
convertible stock. [Cases: Securities Regulation
53.16(10).]
coupon security. A security with detachable interest
coupons that the holder must present for payment as
they mature. _ Coupon securities are usu. in denom
inations of $1,000, and they are negotiable. [Cases:
Corporations
debt security. A security representing funds borrowed
by the corporation from the holder of the debt obli
gation; esp., a bond, note, or debenture. -Generally,
a debt security is any security that is not an equity
See BOND (3). [Cases: Securities Regulation
5.13,250.]
dematerialized security. See uncertificated security.
derivative security. See DERIVATIVE.
divisional security. A special type ofsecurity issued to
finance a particular project.
equity security. A security representing an ownership
interest in a corporation (such as a share of stock)
rather than a debt interest (such as a bond); any stock
or similar security, or any security that is convertible
into stock or similar security or carrying a warrant
or right to subscribe to or purchase stock or a similar
security, and any such warrant or right. [Cases: Cor
porations C::>63.1; Securities Regulation
exempt security. A security that need not be registered
under the provisions ofthe Securities Act of 1933 and
is exempt from the margin requirements ofthe Secu
rities Exchange Act of1934. [Cases: Securities Regula
tion C::> 14.10-14.40.]

1477 security
fixed-income security. A security that pays a fixed rate
of return, such as a bond with a fixed interest rate or
a preferred stock with a fixed dividend.
government security. A security issued by a govern
ment, a government agency, or a government corpora
tion; esp., a security (such as a Treasury bill) issued by
a U.S. government agency, with the implied backing of
Congress. -Also termed government-agency security;
agency security; government bond. [Cases: Securities
Regulation C=o5.29; United States C-::>91.]
heritable security. Scots law. A debt instrument secured
by a charge on heritable property. Also termed
inheritable security. See heritable bond under BOND
(2).
high-grade security. A security issued by a company
of sound financial condition and having the ability
to maintain good earnings (e.g., a utility company
security).
hybrid security. A security with features of both a
debt instrument (such as a bond) and an equity
interest (such as a share of stock). An example of a
hybrid security is a convertible bond, which can be
exchanged for shares in the issuing corporation and
is subject to stock-price fluctuations.
investment security. An instrument issued in bearer
or registered form as a type commonly recognized
as a medium for investment and evidencing a share
or other interest in the property or enterprise of the
issuer. [Cases: Securities Regulation C=o5.1O, 252.]
junior security. A security that is subordinate to a
senior security. Junior securities have a lower
priority in claims on assets and income.
landed security. A mortgage or other encumbrance
affecting land. [Cases: Mortgages
letter security. See restricted security.
listed security. A security accepted for trading on a
securities exchange . The issuing company must
have met the SEC's registration requirements and
complied with the rules ofthe particular exchange.
Also termed listed stock. See DELISTING. [Cases:
Exchanges C::>13.10.]
long-term security. 1. A new securities issue with an
initial maturity often years or more. 2. On a balance
sheet, a security with a remaining maturity of one
year or more.
low-grade security. A security with low investment
quality. Low-grade securities usu. offer higher
yields to attract capital. See high-yield bond under
BOND (3).
marginable security. A security that can be bought on
margin. -Also termed margin stock. See MARGIN.
margined security. A security that is bought on margin
and that serves as collateral in a margin account. See
MARGIN. marketable security. A security that the holder can
readily sell on a stock exchange or an over-the-coun
ter market.
mortgage-backed security. A security (esp. a pass
through security) backed by mortgages . The cash
flow from these securities depends on principal and
interest payments from the pool of mortgages. See
stripped mortgage-backed security. [Cases: Securities
Regulation C=o5.13.]
municipal security. See municipal bond under BOND
(3).
noncallable security. A security that cannot be
redeemed, or bought back, at the issuer's option.
Also termed (specif.) noncallable bond.
nonmarketable security. 1. A security that cannot
be sold on the market and can be redeemed only by
the holder. 2. A security that is not of investment
quality.
outstanding security. A security that is held by an
investor and has not been redeemed by the issuing
corporation.
pass-through security. A security that passes through
payments from debtors to investors . Pass-through
securities are usu. assembled and sold in packages to
investors by private lenders who deduct a service fee
before passing the principal and interest payments
through to the investors.
personal security. 1. An obligation for the repayment of
a debt, evidenced by a pledge or note binding a natural
person, as distinguished from property. 2. A person's
legal right to enjoy life, health, and reputation.
public security. A negotiable or transferable security
that is evidence ofgovernment debt.
real security. The security of mortgages or other liens
or encumbrances upon land. See COLLATERAL (2).
[Cases: Mortgages C=o 1.]
redeemable security. Any security, other than a short
term note, that, when presented to the issuer, entitles
the holder to receive a share ofthe issuer's assets or the
cash equivalent. Also termed callable security.
registered security. 1. A security whose owner is
recorded in the issuer's books . The issuer keeps a
record ofthe current owners for purposes ofsending
dividends, interest payments, proxies, and the like. 2.
A security that is to be offered for sale and for which
a registration statement has been submitted. -Also
termed (specif.) registered stock. [Cases: Securities
Regulation C~11.10-11.50.]
restricted security. A security that is not registered with
the SEC and therefore may not be sold publicly unless
specified conditions are met.  A restricted security
is usu. acquired in a non public transaction in which
the buyer gives the seller a letter stating the buyer's
intent to hold the stock as an investment rather than
resell it. Also termed restricted stock; letter security;
letter stock; unregistered security.

1478 security agreement
senior security. A security of a class having priority
over another class as to the distribution of assets or
the payment ofdividends. 15 USCA  77r(d)(4).
shelf security. A security that is set aside for shelf reg
istration.
short-term security. A bond or note that matures and is
payable within a brief period (often one year).
speculative security. A security that, as an invest
ment, involves a risk ofloss greater than would usu.
be involved; esp., a security whose value depends on
proposed or promised future promotion or develop
ment, rather than on present tangible assets or con
ditions.
stripped mortgage-backed security. A derivative
security providing distributions to classes that receive
different proportions ofeither the principal or interest
payments from a pool of mortgage-backed securi
ties. -Abbr. 5MBS. See mortgage-backed security.
structured security. (usu. pl.) 1. A security whose cash
flow characteristics depend on one or more indexes,
or that has an embedded forward or option. 2. A
securitv for which an investor's investment return and
the iss~er's payment obligations are contingent on, or
highly sensitive to, changes in the value ofthe under
lying assets, indexes, interest rates, or cash flows. SEC
Rule 434(h) (17 CFR  230.434(h.
treasury security. See treasury stock under STOCK.
uncertificated security. A share or other interest in
property or an enterprise, or an obligation of the
issuer that is not represented by an instrument but is
registered on the issuer's books. UCC  8-102(a)(18).
 This term was called uncertified security in earlier
versions of the UCC. Also termed (in BrE) dema
terialized security.
unlisted security. An over-the-counter security that is
not registered with a stock exchange. -Also termed
unlisted stock.
unregistered security. See restricted security.
voting security. See voting stock under STOCK.
when-issued security. A security that can be traded
even though it has not yet been issued . Any transac
tion that takes place does not become final until the
security is issued.
worthless security. A security that has lost its value, for
which a loss (usu. capital) is allowed for tax purposes.
IRC (26 USCA)  165. [Cases: Internal Revenue
3429.]
zero-coupon security. A security (esp. a bond) that is
issued at a large discount but pays no interest.  The
face value of the bond is payable at maturity.
security agreement. An agreement that creates or
prOVides for an interest in specified real or personal
property to guarantee the performance ofan obligation.
 It must provide for a security interest, describe the
collateral, and be signed by the debtor. The agreement may include other important covenants and warranties.
[Cases: Secured Transactions (;::::-'41-51.]
Security Council. A principal organ of the United
Nations, consisting offive permanent members (China,
France, Russia, the United Kingdom, and the United
States) and ten additional members elected at stated
intervals, charged with the responsibility of main
taining international peace and security, and esp. of
preventing or halting wars by diplomatic, economic,
or military action . The nonpermanent members are
elected from each of the world's major regions, based
on a distribution formula. [Cases: International Law
(;:::>10.45.]
security deposit. See DEPOSIT (3).
security for costs. (l7c) Money, property, or a bond given
to a court by a plaintiff or an appellant to secure the
payment ofcourt costs ifthat party loses. [Cases: Costs
(;::::-105,302; Federal Civil Procedure <


ifthat party loses. [Cases: Costs
(;::::-105,302; Federal Civil Procedure <8=>2732.]
security grade. See SECURITY RATING.
security grading. See SECURITY RATING.
security interest. (1951) A property interest created by
agreement or by operation oflaw to secure performance
ofan obligation (esp. repayment ofa debt) . Although
the UCC limits the creation of a security interest to
personal property, the Bankruptcy Code defines the
term to mean "a lien created by an agreement." 11
USCA  101(51). [Cases: Secured Transactions C=)2,
11.]
perfected security interest. (1955) A security interest
that complies with the statutory requirements for
achieving priority over a trustee in bankruptcy and
unperfected interests . A perfected interest may also
have priority over another interest that was perfected
later in time. See PERFECT. [Cases: Bankruptcy
2952; Secured Transactions <8=>81-96, 138-145.]
purchase-money security interest. (1957) A security
interest that is created when a buyer uses the lender's
money to make the purchase and immediately gives
the lender security by using the purchased property
as collateral (UeC  9-107); a security interest that
is either (1) taken or retained by the seller of the col
lateral to secure all or part ofits price or (2) taken by
a person who by making advances or incurring an
obligation gives value to enable the debtor to acquire
rights in or the use ofcollateral if that value is in fact
so used . Ifa buyer's purchase ofa boat, for example,
is financed by a bank that loans the amount of the
purchase price, the bank's security interest in the boat
that secures the loan is a purchase-money security
interest. Abbr. PMSI. -Also termed purchase
money interest. [Cases: Secured Transactions
146.]
unperfected security interest. (1957) A security interest
held by a creditor who has not established priority
over any other creditor. -The only priority is over the
debtor. [Cases: Secured Transactions <8=> 139.]

1479
security rating. 1. The system for grading or classifying a
security by financial strength, stability, or risk. Firms
such as Standard and Poor's and Moody's grade securi
ties. Also termed security grade; security grading;
security rate. 2. The classification that a given security
is assigned to under this system.
secus (see-kas). [Latin] Otherwise; to the contrary.
sedato animo (5i-day-toh an-a-moh). [Latin] With stated
or settled purpose.
se defendendo (see def-en-den-doh), adv. [Law Latin] In
self-defense; in defending oneself <homicide se defen
dendo>.
"Homicide se defendendo is of two kinds. (1) Such, as tho
it excuseth from death, yet it excuseth not the forfeiture
of goods, ... (2) Such as wholly acquits from all kinds of
forfeiture." 1 Hale P.c. 478.
sedentary work. See WORK (1).
sedente curia (si-den-tee kyoor-ee-d). [Latin]lhe court
sitting; during the court sitting.
sede plena (see-dee plee-nd). [Latin] Hist. The see being
filled. This term indicated that a bishop's see was not
vacant.
sederunt. See ACT OF SEDERUNT.
sedes (see-deez), n. [Latin "a seat"] 1. Roman law. A
private residence. 2. Roman law. Judicial office; the
bench. 3. Hist. A see; a bishop's dignity.
sede vacante (see-dee vd-kan-tee). [Law Latin] Hist. The
benefice being vacant.
sedge flat. A tract ofland below the high-water mark.
sedition, n. (l4c) 1. An agreement, communication, or
other preliminary activity aimed at inciting treason
or some lesser commotion against public authority. 2.
Advocacy aimed at inciting or producing -and likely
to incite or produce -imminent lawless action . At
common law, sedition included defaming a member
of the royal family or the government. The differ
ence between sedition and treason is that the former
is committed by preliminary steps, while the latter
entails some overt act for carrying out the plan. But
if the plan is merely for some small commotion, even
accomplishing the plan does not amount to treason.
Cf. TREASON. [Cases: Insurrection and Sedition
1.] -seditious, adj.
"Sedition -This, perhaps the very vaguest of all offences
known to the Criminal Law, is defined as the speaking or
writing of words calculated to excite disaffection against
the Constitution as by law established, to procure the
alteration of it by other than lawful means, or to incite
any person to commit a crime to the disturbance of the
peace, or to raise discontent or disaffection, or to promote
ill-feeling between different classes of the community. A
charge of sedition is, historically, one ofthe chief means by
which Government, especially at the end of the eighteenth
and the beginning of the nineteenth century, strove to put
down hostile critics. It is evident that the vagueness of the
charge is a danger to the liberty of the subject, especially if
the Courts ofJustice can be induced to take a view favour
able to the Government." Edward Jenks, The Book ofEnglish
Law 136 (P.B. Fairest ed., 6th ed. 1967). segregation
Sedition Act. Hist. A 1798 federal statute that prohibited
the malicious publication ofdefamatory material about
the government, Congress, or the President.  The act
expired in 1801.
seditious conspiracy. See CONSPIRACY.
seditious libel. See LIBEL.
seditious speech. See SPEECH.
sed non allocatur (sed non al-a-kay-tar). [Law Latin]
Hist. But it is not allowed or upheld. This phrase was
formerly used to indicate the court's disagreement with
the arguments ofcounsel.
sedper curiam (sed pdr kyoor-ee-dm). [Latin] But by the
court.  This phrase is used to introduce: (1) a state
ment made by the court disagreeing with counsel's
arguments; or (2) the opinion ofthe whole court when
different from the opinion ofthe single judge immedi
ately before quoted.
sed quaere (sed kweer-ee). [Latin] But inquire; examine
this further. This remark indicates that the correct
ness ofa particular statement is challenged.
seduction. (16c) The offense that occurs when a man
entices a woman ofpreviously chaste character to have
unlawful intercourse with him by means of persua
sion, solicitation, promises, or bribes, or other means
not involving force . Many states have abolished this
offense for persons over the age oflegal consent. Tra
ditionally, the parent ofa young woman had an action
to recover damages for the loss of her services. But in
measuring damages, the jury could consider not just
the loss of services but also the distress and anxiety
that the parent had suffered in being deprived ofher
comfort and companionship. 1bough seduction was
not a crime at common law, many American states
made it a statutory crime until the late 20th century.
[Cases: Seduction <:;:::029-54.]
sed vide (sed VI-dee). [Latin] But see. This remark,
followed by a citation, directs the reader's attention to
an authority or a statement that conflicts with or con
tradicts the statement or principle just given. Also
termed but see.
see, n. The area or district ofa bishop's jurisdiction <the
see ofCanterbury>.
seed money. Start-up money for a business venture.
Also termedfront money;front-end money.
seeming danger. See DANGER.
segregation, n. (16c) 1. 1he act or process of separat
ing.
punitive segregation. (1958) The act of removing a
prisoner from the prison population for placement
in separate or solitary confinement, usu. for disciplin
ary reasons. -Also termed punitive isolation. [Cases:
Prisons <:;:::0 231.]
2. The unconstitutional policy of separating people
on the basis of color, nationality, religion, or the
like. [Cases: Civil Rights lO33(1, 1); Constitu

tional Law Schools C=> 13(5).J segregate,
vb. -segregative, adj.
de facto segregation. (1958) Segregation that occurs
without state authority, usu. on the basis of socio
economic factors. [Cases: Civil Rights 1033(1);
Schools (;::::::'13(5).]
de jure segregation. (1963) Segregation that is permit
ted by law. [Cases: Civil Rights C=> 1033(1); Schools
C=>13(5).]
seignior (seen-yar), n. [Law French] Hist. An owner of
something; a lord of a fee or manor. -Also spelled
seigneur (seen- or sayn-yar); seign or. See SEIGNIORY.
seignior in gross (seen-Ydr in grohs), n. [Law French]
A lord having no manor but enjoying the other rights
oflordship.
seigniorage (seen-pr-ij), n. [Law French] 1. Hist. 1he
tenure existing between lord and vassal. 2. Hist. A pre
rogative of the Crown; specif., the charge for coining
bullion into money; mintage. 3. A royalty. 4. A profit.
seignioress (seen-Ydr-es or -is), n. [Law French] Hist. A
female superior; a lady.
seigniory (seen-yar-ee), n. [Law French] Hist. 1. The
rights and powers of a lord; esp., a grantor's retained
right to have the grantee perform services in exchange
for the transfer ofland. 2. A lord's dominions; a feudal
or manor lordship; esp., land held subject to such a
retained right in the grantor. -Also spelled seignory.
seigniory in gross (seen-Ydr-ee in grohs). See reputed
manor under MANOR.
seignory. See SEIGNIORY.
seise (seez), vb. To invest with seisin or establish as a
holder in fee simple; to put in possession <he became
seised ofhalf a section of farmland near Amarillo>.
seised to uses. See STANDING SEISED TO USES.
seisin (see-zin), n. (14c) 1. Hist. Completion of the
ceremony of feudal investiture, by which the tenant
was admitted into freehold. 2. Possession ofa freehold
estate in land; ownership. 3. Louisiana law. The right
that the law accords universal successors to own and
possess a person's estate directly and immediately upon
that person's death. La. Civ. Code arts. 935 et seq.
Also spelled seizin. Also termed vesture; seisina; (in
Scots law) sasine. [Cases; Property C:::> 10.]
"Originally, seisin meant simply possession and the word
was applicable to both land and chattels. Prior to the four
teenth century it was proper to speak of a man as being
seised of land or seised of a horse. Gradually, seisin and
possession became distinct concepts. A man could be said
to be in possession of chattels, or of lands wherein he had
an estate for years, but he could not be said to be seised
of them. Seisin came finally to mean, in relation to land,
possession under claim of a freehold estate therein. The
tenant for years had possession but not seisin; seisin was
in the reversioner who had the fee. And although the word
'seisin' appears in modern statutes with a fair degree of
frequency, it is usually treated as synonymous with owner
ship." CorneliusJ. Moynihan, Introduction to the Law ofReal
Property 98-99 (2d ed. 1988).
"It is difficult to define seisin satisfactorily. It has nothing
to do with 'seizing,' with its implication of violence. To medieval lawyers it suggested the very opposite: peace
and quiet. A man who was put in seisin of land was 'set'
there and continued to 'sit' there. Seisin thus denotes quiet
possession of land, but quiet possession of a particular
kind. .. Although it seems impossible to frame a satisfac
tory definition ... , to call it 'that feudal possession of land
which only the owner of a freehold estate in freehold land
could have' is to express the most important elements."
Robert E. Megarry & M.P. Thompson, A Manual of the Law
of Reai Property 27-28 (6th ed. 1993).
actual seisin. See seisin in deed.
constructive seisin. See seisin in law.
covenant ofseisin. See COVENANT (4).
customary seisin. See quasi-seisin.
equitable seisin. 1. Possession or enjoyment of a
property interest or right enforceable in equity. 2.
See seisin in law.
fictitious seisin. See seisin in law.
legal seisin. See seisin in law.
livery ofseisin. See LIVERY OF SEISIN.
primer seisin (prim-<)r orprI-m<)r see-zin). Hist. A right
of the Crown to receive, from the heir ofa tenant who
died in possession ofa knight's fee, one year's profits
of the inherited estate (or half a year's profits if the
estate was in reversion); FIRST FRUITS (1).
quasi-seisin. A copyholder's possession of lands, the
freehold possession being in the lord. -Also termed
customary seisin.
seisin in deed. (17c) Actual possession of a freehold
estate in land, by oneself or by one's tenant or agent, as
distinguished from legal possession. Also termed
seisin in fact; actual seisin.


's tenant or agent, as
distinguished from legal possession. Also termed
seisin in fact; actual seisin. [Cases; Property C=> 10.]
seisin infact. See seisin in deed.
seisin in law. (l7e) The right to immediate possession
of a freehold estate in land, as when an heir inherits
land but has not yet entered it. -Also termed legal
seisin; constructive seisin; equitable seisin; fictitious
seisin. [Cases: Property C=> 10.]
"Seisin in law is, when something is done, which the law
accounteth a seisin; as an inrollment." 2 E. Chambers,
Cyclopedia: Or, an Universal Dictionary ofArts and Sciences
(1743), s.v. SEISIN 'N FACT.
seisina (see-zin-<), n. [Law Latin] Hist. Seisin.
seisina habenda (see-zin-d ha-ben-d<)). See DE SEISINA
HABENDA.
seisor (see-zar), n. One who takes possession of a
freehold.
seize, vb. (Be) 1. To forcibly take possession (of a person
or property). 2. To place (someone) in possession. 3. To
be in possession (of property). 4. To be informed of or
aware of (something). See SEISIN; SEIZURE.
seizin. See SEISIN.
seizure, n. (15c) The act or an instance oftaking posses
sion of a person or property by legal right or process;
esp., in constitutional law, a confiscation or arrest that
may interfere with a person's reasonable expectation of

privacy. [Cases: Arrest ~68(4); Searches and Seizures
(.':::>13.1.]
constructive seizure. A manifest intent to seize and take
possession of another person's property, usu. either
by lawfully acquiring actual custody and control of
the property or by posting notice of the property's
pending foreclosure. [Cases: Attachment C=> 162;
Execution C=> 126.]
select committee. See special committee under COMMIT
TEE.
select council. See COUNCIL.
selecti judices (si-Iek-tI joo-di-seez). [Latin] Roman law.
Jurors on the official panel prepared by the praetor,
who for a specific trial were drawn by lot subject to
challenge and sworn to office in a similar manner to
modern juries.
selective disclosure. (1963) The act ofdivulging part ofa
privileged communication, or one ofseveral privileged
communications, usu. because the divulged portion
is helpful to the party giving the information, while
harmful portions ofthe communication are withheld.
-Such a disclosure can result in a limited waiver ofthe
privilege for all communications on the same subject
matter as the divulged portion. [Cases: Privileged Com
munications and ConfidentialityC=>20.]
selective-draft law. A statute empowering the federal
government to conscript citizens for military duty.
The constitutionality of the first selective-draft law
was challenged and upheld in the Selective-Draft-Law
Cases. See Arver v. United States, 245 U.S. 366, 38 S.Ct.
159 (1918). [Cases: Armed Services C=>20, 40.1.]
selective enforcement. (1958) The practice of law
enforcement officers who use wide or even unfettered
discretion about when and where to carry out certain
laws; esp., the practice ofsingling a person out for pros
ecution or punishment under a statute or regulation
because the person is a member of a protected group
or because the person has exercised or is planning to
exercise a constitutionally protected right. -Also
termed selective prosecution. Cf. vindictive prosecution
under PROSECUTION. [Cases: Constitutional Law
223,250.1(3); Criminal Law C=>37.1O.]
"The chief of police of a New England town once declared to
the press that he believed in a strict curfew law, 'selectively
enforced.' 'Selective enforcement' in this case means that
the policeman decides for himself who ought to be sent
home from the street; legislative candour would suggest
that if this is the intention it ought to be expressed in the
law itself, instead of being concealed behind words that
are 'strict' and categorical." Lon L. Fuller, Anatomy of the
Law 42 (1968).
selective incorporation. See INCORPORATION.
selective prosecution. (1967) I. SELECTIVE ENFORCE
MENT. 2. The practice or an instance ofa criminal pros
ecution brought at the discretion ofa prosecutor rather
than one brought as a matter of course in the normal
functioning of the prosecuting authority's office. _
Selective prosecution violates the Equal Protection
Clause of the Fourteenth Amendment if a defendant is singled out for prosecution when others Similarly
situated have not been prosecuted and the prosecutor's
reasons for doing so are impermissible.
selective prospectivity. (1991) A court's decision to apply
a new rule oflaw in the particular case in which the new
rule is announced, but to apply the old rule in all other
cases pending at the time the new rule is announced
or in which the facts predate the new rule's announce
ment. [Cases: Courts C=' 100(1).]
i Selective Service System. The federal agency that reg
isters all persons 18-26 who are eligible for military
service military service and prOVides personnel to the
i 	Armed Forces during emergencies . It was established
in 1940 as a part of the War Manpower Commission
and became independent in 1943. -Abbr. SSS. [Cases:
Armed Services C~\20.8.1
I selectman. A municipal officer elected annually in some
New England towns to transact business and perform
some executive functions. [Cases: Towns C=>26.]
self-applying, adj. (1894) (Of a statute, ordinance, etc.)
! 	requiring no more for interpretation than a familiarity
with the ordinary meanings of words.i
self-authentication. See AUTHENTICATION.
self-canceling installment note. See NOTE (1).
self-crimination. See SELF-INCRIMINATION.
self-critical-analysis privilege. See PRIVILEGE (3).
self-dealing, n. (1940) Participation in a transaction that
benefits oneself instead ofanother who is owed a fidu
ciary duty . For example, a corporate director might
engage in self-dealing by participating in a compet
ing business to the corporation's detriment. Cf. FAIR
DEALING (1), (2). [Cases: Corporations ~315,316.]
self-deal, vb.
self-defense, n. (1651) 1. The use of force to protect
oneself, one's family, or one's property from a real or
threatened attack.  Generally, a person is justified in
using a reasonable amount of force in self-defense if
he or she reasonably believes that the danger ofbodily
harm is imminent and that force is necessary to avoid
this danger. Also termed defense ofseif. Cf. adequate
provocation under PROVOCATION. [Cases: Assault and
Battery c= 13, 67; Homicide C:;>766.J
'The law of self-defence, as it is applied by the courts, turns
on two requirements: the force must have been necessary,
and it must have been reasonable." Andrew Ashworth, Prin
ciples ofCriminal Law 114 (1991).
imperfect self-defense. (1882) The use of force by one
who makes an honest but unreasonable mistake that
force is necessary to repel an attack. -In some juris
dictions, such a self-defender will be charged with
a lesser offense than the one committed. [Cases:
Homicide C'J686.]
perfect self-defense. (1883) The use offorce by one who
accurately appraises the necessity and the amount of
force to repel an attack.
2. Int'I law. The right ofa state to defend itself against a
real or threatened attack. See United Nations Charter,

art. 51 (59 Stat. 1031). -Also spelled (esp. in BrE) self
defence. self-defender, n.
"Self-defence, properly understood, is a legal right, and
as with other legal rights the question whether a specific
state of facts warrants its exercise is a legal question. It is
not a question on which a state is entitled, in any special
sense, to be ajudge in its own cause." J.L Brierly, The Law
ofNations 319 (5th ed. 1955).
self-destruct clause. A provision in a trust for a con
dition that will automatically terminate the trust.
Discretionary trusts, esp. supplemental-needs trusts,
often include a self-destruct provision. For example,
a trust to provide for the needs of a disabled person
may terminate ifthe beneficiary becomes ineligible for
a government-benefits program such as Medicaid.
self-destruction. See SUICIDE (1).
self-determination contract. See CONTRACT.
self-determination election. See GLOBE ELECTION.
self-disserving declaration. Hist. See declaration against
interest under DECLARATION (6).
self-employed retirement plan. See KEOGH PLAN.
self-employment tax. See TAX.
self-evaluation privilege. See self-critical-analysis privi
lege under PRIVILEGE (3).
self-executing, adj. (1857) (Of an instrument) effective
immediately without the need of any type of imple
menting action <the wills had self-executing affidavits
attached>. _ Legal instruments may be self-executing
according to various standards. l;or example, treaties
are self-executing under the Supremacy Clause ofthe
U.S. Constitution (art. VI,  2) if textually capable of
judicial enforcement and intended to be enforced in
that manner.
self-help, n. (1831) An attempt to redress a perceived
wrong by one's own action rather than through the
normal legal process. -The UCC and other statutes
provide for particular self-help remedies (such as repos
session) if the remedy can be executed without breach
ing the peace. UCC  9-609. -Also termed self-redress;
extrajudicial enforcement. [Cases: Secured Transactions
C=228.]
"Notice to the debtor is generally not required prior to
self-help repossession of collateral by the creditor upon
default, although the provision for self-help repossession
has been held to violate due process requirements in some
instances, and states under the Uniform Consumer Credit
Code require particular notice requirements. Furthermore,
while the UCC generally does not require notice to the
debtor upon self-help repossession of the collateral upon
the debtor's default, the agreement between the parties
may require such notice prior to repossession." 68A Am.
Jur. 2d Secured Transactions  608, at 466 (1993).
self-help remedy. See extrajudiCial remedy under
REMEDY.
self-incrimination. (1853) The act of indicating one's
own involvement in a crime or exposing oneself to pros
ecution, esp. by making a statement. -Also termed
self-crimination; self-inculpation. See RIGHT AGAINST SELF-INCRIMINATION. [Cases: Criminal Law C='393;
Witnesses C;)297.]
Self-Incrimination Clause. (1925) The clause of the
Fifth Amendment to the U.S. Constitution barring the
government from compelling criminal defendants to
testify against themselves. [Cases: Witnesses (;:=:>299.]
self-inculpation. See SELF-INCRIMLNATION.
self-induced frustration. See FRUSTRATION.
self-induced intoxication. See voluntary intoxication
under INTOXICATION.
self-insurance. See INSURANCE.
self-insured retention. Insurance. The amount of an oth
erwise-covered loss that is not covered by an insurance
policy and that usu. must be paid before the insurer
will pay benefits <the defendant had a $1 million CGL
policy to cover the loss, but had to pay a self-insured
retention of $100,000, which it had agreed to so that
the policy premium would be lower>. Abbr. SIR. C(
DEDUCTIBLE. [Cases: Insurance (;:=:>2283.]
self-killing. See SUICIDE (1).
self-liquidating mortgage. See amortized mortgage
under MORTGAGE.
self-murder. See SUICIDE (1).
self-policing privilege. See self-critical-analysis privilege
under PRIVILEGE (3).
self-proved will. See WILL.
self-proving affidavit. See AFFIDAVIT.
self-redress. See SELF-HELP.
self-regulation. See REGULATION (1).
self-regulatory organization. A nongovernmental orga
nization that is statutorily empowered to regulate its
members by adopting and enforcing rules of conduct,
esp. those governing fair, ethical, and efficient prac
tices. Abbr. SRO.
self-represented litigant. See PRO SE.
self-serving declaration. See DECLARATION (6).
self-settled trust. See TRUST.
self-slaughter. See SUICIDE (1).
self-stultification. (1862) The act or an instance of testi
fying about one's own deficiencies. See STULTIFY.
sell, vb. (bef. 12c) To transfer (property) by sale.
seller. (l3c) 1. A person who sells or contracts to sell
goods; a vendor. UCC  2-103(l)(d). [Cases: Sales (;:=:>
15.] 2. Generally, a person who sells anything; the
transferor of property in a contract of sale.
seller's market. See MARKET


person who sells anything; the
transferor of property in a contract of sale.
seller's market. See MARKET.
seller's option. See OPTION.
selling agent. See AGENT (2).
selling price. See sales price under PRICE.
sell-off, n. A period when heavy pressure to sell causes
falling stock-market prices.
sell order. See ORDER (8),

semble (sem-b;Jl). [Law French] (1817) It seems; it would
appear <semble that the parties' intention was to create
a binding agreement> . This term is used chiefly to
indicate an obiter dictum in a court opinion or to intro
duce an uncertain thought or interpretation. -Abbr.
sem.; semb.
semestria (si-mes-tree-;J), n. [Latin half-yearly matters"]
Roman law. The collected decisions ofRoman emperors,
issued every six months.
Semiconductor Chip Protection Act. Intellectual
property. A 1984 statute protecting manufacturers
against the unauthorized copying or use of semicon
ductor chips and the mask works used to manufacture
them. _ Semiconductor chips do not qualify for patent
protection since technological advancements are small
and usu. obvious. Mask works are multi-layered, three
dimensional templates used to produce semiconduc
tor chips. Mask-work design is more functional than
expressive and so traditional copyright protection was
inapplicable until 1984. The Act provides copyright
protection to the mask works for a period often years.
17 USCA  901-914. -Abbr. SCPA. [Cases: Copy
rights and Intellectual Property (::::::> lOA.]
semi-free software. Software that does not include
source code but comes with permission for individu
als to use, copy, modify, and distribute the software
for nonprofit purposes. Cf. FREEWARE; PROPRIETARY
SOFTWARE; SHAREWARE.
semi-matrimonium (sem-I ma-tr<l-moh-nee-am), n.
[Latin] A half-marriage.
seminary. 1. An educational institution such as a college,
academy, or other school; esp., one that trains students
forthe clergy. [Cases: Colleges and Universities L]
2. The building in which the institution performs its
functions.
seminaufragium (sem-I-naw-fray-jee-;Jm), n. [Latin]
Hist. A half-shipwreck, as when goods are cast over
board in a storm or when a damaged ship's repair costs
are more than the ship's worth.
semiplena probatio (sem-I-plee-na proh-bay-shee-oh),
n. [Latin] Half-proof.
"In actions of filiation, a pursuer was formerly entitled, on
adducing a semiplena probatio, to her oath in supplement
to prove that the defender was the father of her child. A
semiplena probatiowas such a proof as induced, not merely
a suspicion, but a reasonable beliefthat the pursuer's case
was wellfounded, and consisted generally of a proof of
opportunity for connection, acts of familiarity on the part
of the defender towards the pursuer, &c ...." John Trayner,
Travner's Latin Maxims 569 (4th ed. 1894).
semi-secret trust. See TRUST.
semi-skilled work. See WORK (1).
semper (sem-p;Jr). [LatinJ Always. -This term intro
duces several Latin maxims, such as semper in dubiis
benigniora praeferenda sunt nn doubtful cases, the
more favorable constructions are always to be pre
ferred"). semper paratus. A defendant's pleading that he or
she has always been ready to perform as the plaintiff
demanded.
senage (see-nij). [French] Money paid for synodals; trib
ute-money. See SYNODAL.
senate. (l3c) 1. The upper chamber ofa bicameral legis
lature. [Cases: States (;:::::)26.J 2. (cap.) The upper house
ofthe U.S. Congress, composed of 100 members -two
from each state -who are elected to six-year terms. -
Abbr. S. [Cases: United States <:---=-7.1.]
senate hill. See BILL (3).
senator. (13c) A person who is a member ofa senate.
senatores (sen-d-tor-eez), n. pl. [Latin] Roman law. 1.
Members ofthe Roman senate. 2. Members ofmunici
pal councils.
senatorial courtesy. (1884) 1. The tradition that the
President should take care in filling a high -level federal
post (such as a judgeship) with a person agreeable to
the senators from the nominee's home state, lest the
senators defeat confirmation. [Cases: Judges (::::::>3.]
"The risk of a deadlock is minimized by [the President's]
consulting informally with the Senators from the State in
which the office lies, if they are members of his own politi
cal party. Actually this amounts in most instances to his
taking the advice of these two Senators as to a selection.
A nomination approved by them is practically certain of
final confirmation by the Senate as a whole. The arrange
ment is a 'log-rolling' one, which has been dignified by the
name of 'Senatorial courtesy.' 'If you will help me to get
the appointments I want in my State, I will help you get the
appointments you want in your State.'" Herbert W. Horwill,
The Usages of the American Constitution 129 (1925).
2. Loosely, civility among senators <a decline ofsena
torial courtesy>.
Senator of the College of Justice. Scots law. See LORD
OF SESSION.
senatus (si-nay-t;Js), n. [Latin] Roman law. l.lhe Roman
senate. 2. The meeting place for the Roman senate.
senatus consulto (si-nay-t<ls k;Jn-sal-toh). [Latin] Roman
law. By the decree of the Senate.
senatus consultum (si-nay-t;Js k;Jn-sal-tam). [Latin]
Roman law. In the Republic, a resolution ofthe Roman
Senate, which did not have the force oflaw (though usu.
followed). -In the first century A.D., these resolutions
replaced the legislation of the comitia, but by the end
of the second century, they were merely the Senate's
official expression ofthe imperial will. The senate often
adopted the text ofa speech (oratio) by the emperor.
Sometimes written senatusconsulturn. Also termed
senatu5 consult. -Abbr. S.C. PI. senatus consulta.
"Senatus consulta. --_. In the regal and republican periods
the Senate enjoyed no legislative power. It was an advisory
body, nominated by the King, and at first purely patrician.
Later it ... included patricians and plebeians ... its chief
duty still being to tender advice to the magistrates ....
The theory still was, till the time of Hadrian, that senarus
consulta were directions to the magistrates, who were now
in fact, if not in name, bound to give effect to them, till by
a process of gradual usurpation senatus consulta came to
be direct legislation." R.W. Leage, Roman Private Law 12-13
(C.H. Ziegler ed., 2d ed. 1930).

1484 senatus consultum Macedonianum
senatus consultum Macedonianum (si-nay-tds k;)n-sal
t;)m mas-;)-doh-nee-ay- n;)m). [Latin "Macedo's Reso
lution"] Roman law. A senate decree under Vespasian
to protect fathers from children in their power who
had borrowed excessive sums in expectation of their
father's death, by making actions to recover such loans
unlawful. -Also termed Macedonian Decree.
"In the principate of Vespasian, 6979 A.D., a senatus can
sultumwas passed which forbade loans to a filius-familias.
It was called the senatus consultum -Macedonianum,
after one Macedo, a usurer who had made such a loan and
thereby instigated a hard-pressed debtor to kill his father
in order to enter into his inheritance. To prevent tragic pos
sibilities like these, the senatus consultum declared that no
action would lie to recover money lent to a filius-familias."
Max Radin, Handbook of Roman Law 188-89 (1927).
"The senatus consultum Macedonianum reads as follows:
'Whereas Macedo's borrowings gave him an added incen
tive to commit a crime to which he was naturally predis
posed and whereas those who lend money on terms which
are dubious, to say the least, often provide evil men with
the means of wrongdoing, it has been decided, in orderto
teach perniciOUS moneylenders that a son's debt cannot
be made good by waiting for his father's death, that a
person who has lent money to a son-in-power is to have
no claim or action even after the death of the person in
whose power he was.'" Digest of justinian 14.6.1 (Ulpian,
Ad Sabinum 49).
senatus consultum ultimum necessitatis (si-nay-t;)s bn
sClI-t~m Cll-t;)-mee nd-ses-i-tay-tis). [Latin1 Roman law.
A decree of the senate ofthe last necessity . This decree
usu. preceded the nomination ofa leader with absolute
power in a time ofemergency. Also termed senatus
consultum ultimae necessitatis.
senatus consultum Velleianum (si-nay-tCls kCln-sCll-t;)m
vel-ee-ay-n;)m). [Latin "Yelleian Decree") Roman law.
A senate decree, probably ofA.D. 46, to protect women
from making unconscionable guarantees, suretyship
undertakings, or debt assumptions for their husbands
and for others generally. by making actions to enforce
such undertakings unlawfuL
senatus decreta (si-nay-tCls di-kree-t;. [Latin] Roman
law. The senate's decisions.
sending state. See STATE.
senescallus (sen-Cls-kal-;>s), n. [Law Latin] See SENE
SCHAL.
seneschal (sen-;)-sh;)l), n. [Law French] Hist. 1. A French
title ofoffice, equivalent to a steward in England. _ A
seneschal was originally a duke's lieutenant or a lieuten
ant to other dignities ofthe kingdom. 2. The steward of
a manor. 3. Hist. An administrative or judicial officer,
such as the governor of a city or province. Also
termed senescallus.
senility. (18c) Mental feebleness or impairment caused
by old age. _ A senile person (in the legal, as opposed
to the popular, sense) is incompetent to enter into a
binding contract or to execute a will. Also termed
senile dementia (see-nIl di-men-shee-Cl). [Cases: Mental
Health C~3.] senile, adj.
senior, adj. (14c) 1. (Of a debt, etc.) first; preferred, as over
junior obligations. 2. (Of a person) older than someone else. 3. (Of a person) higher in rank or service. 4. (Of a
man) elder, as distinguished from the man's son who
has the same name.
senior administrative patent judge. See JUDGE.
senior counsel. 1. See lead counsel under COUNSEL. 2.
See KINds COUNSEL; QUEEN'S COUNSEL.
senior debt. See DEBT.
senior interest. See INTEREST (2).
seniority. (15c) 1. lhe preterential status, privileges, or
rights given to an employee based on the employee's
length ofservice with an employer.  Employees with
seniority may receive additional or enhanced benefit
packages and obtain competitive advantages over
fellow employees in layoff and promotional decisions.
2. The status ofbeing older or senior.
seniority system. Employment law. Any arrangement
that recognizes length ofservice in making decisions
about job layoffs and promotions or other advance
ments.
senior judge. See rUDGE.
senior lien. See LIEN.
senior mortgage. See MORTGAGE.
senior partner. See PARTNER.
senior party. Intellectual property. In an interference
proceeding, the first person to file an application for a
property's legal protection, e.g., an invention patent or
a trademark registration . In the United States, merely
being the first to file does not entitle the party to the
protection. The proceeding's administrator also takes
other factors into account. For instance, in a patent
interference proceeding the invention's conception date
and the inventor's diligence in reducing the invention
to practice are relevant factors. Priority in the filing
date is prima facie evidence that the senior party is the
first inventor, so the challenger has the burden ofproof.
Cf. JUNIOR PARTY. [Cases: Patents C=>106(1).)
senior security. See SECURITY.
senior status. (1970) The employment condition of a
semiretired judge who continues to perform certain
judicial duties that the judge is willing and able to
undertake. [Cases: Judges
senior user. Trademarks. The first person to use a mark.
_ That person is usu_ found to be the mark's owner.
Also termed first user. Cf. JUNIOR USER. [Cases: Trade
marks C=> 1137.]
sensitivity training. (1956) One or more instructional
sessions for management and employees, designed to
counteract the callous treatment ofothers, esp. women
and minorities, in the workplace.
sensus (sen-s~s). [Latin] Hist. Sense; meaning; signi
fication. _ The word appears in its inflected form in
phrases such as malo sensu ("an evil sense"), mitiori
sensu ("in a milder sense"), and sensu honesto nn


such as malo sensu ("an evil sense"), mitiori
sensu ("in a milder sense"), and sensu honesto nn an
honest sense").

sentence, n. (14c) The judgment that a court formally
pronounces after finding a criminal defendant guilty;
the punishment imposed on a criminal wrongdoer <a
sentence of 20 years in prison>. See Fed. R. Crim. P.
32. Also termed judgment ofconviction. [Cases: Sen
tencing and Punishment ~1001.] -sentence, vb.
accumulative sentences. See consecutive sentences.
aggregate sentence. (1917) A sentence that arises from
a conviction on multiple counts in an indictment.
[Cases: Sentencing and Punishment ~642-643.1
alternative sentence. (1841) A sentence other than
incarceration . Examples include community
service and victim restitution. Also termed creative
sentence. [Cases: Sentencing and Punishment
2049,2100-2217.]
blended sentence. In a juvenile-delinquency disposi
tion, a sanction that combines delinquency sanctions
and criminal punishment.
concurrent sentences. (1905) Two or more sentences of
jail time to be served simultaneously . For example,
ifa convicted criminal receives concurrent sentences
of 5 years and IS years, the total amount of jail time
is IS years. [Cases: Sentencing and Punishment
547.]
conditional sentence. (1843) A sentence of confinement
if the convicted criminal fails to perform the condi
tions of probation. [Cases: Sentencing and Punish
ment ~1960-1988.]
consecutive sentences. (1844) Two or more sentences of
jail time to be served in sequence . For example, ifa
convicted criminal receives consecutive sentences of
20 years and 5 years, the total amount ofjail time is
25 vears. -Also termed cumulative sentences; accu
mrllative sentences. [Cases: Sentencing and Punish
ment
consolidated sentence. See general sentence.
creative sentence. See alternative sentence.
death sentence. (1811) A sentence that imposes the
death penalty. See Model Penal Code  210.6.
Also termed judgment ofblood. See DEATH PENALTY.
[Cases: Sentencing and Punishment (:::::i 1610,1787.]
deferred sentence. (1915) A sentence that will not be
carried out if the convicted criminal meets certain
requirements, such as complying with conditions of
probation. [Cases: Sentencing and Punishment
2051-2054.]
delayed sentence. (1906) A sentence that is not imposed
immediately after conviction, thereby allowing the
convicted criminal to satisfy the court (usu. by com
plying with certain restrictions or conditions during
the delay period) that probation is preferable to a
prison sentence. [Cases: Sentencing and Punishment
~c;2051-2054.1
determinate sentence. (1885) A sentence for a fixed
length of time rather than for an unspecified
duration. Also termed definite sentence; defini
tive sentence; fixed sentence; flat sentence; straight sentence. [Cases: Sentencing and Punishment
1053, 1054.]
excessive sentence. (1879) A sentence that gives more
punishment than is allowed by law. [Cases: Sentenc
ing and Punishment <>:>34, 1480, 1483.J
fixed sentence. 1. See determinate sentence. 2. See man
datory sentence.
flat sentence. See determinate sentence.
general sentence. (1891) An undivided, aggregate
sentence in a multicount case; a sentence that does
not specify the punishment imposed for each count.
 General sentences are prohibited. Also termed
consolidated sentence. [Cases: Sentencing and Punish
ment (;:;) 1060.]
indeterminate sentence. (1885) 1. A sentence of an
unspecified duration, such as one for a term of 10 to 20
years. [Cases: Sentencing and Punishment ~1057
1059, 1125-1127.] 2. A maximum prison term that the
parole board can reduce, through statutoryauthoriza
tion, after the inmate has served the minimum time
required by law. -Also termed indefinite sentence.
See INDETERMINATE SENTENCING.
intermittent sentence. (1964) A sentence consisting
of periods of confinement interrupted by periods of
freedom. -Also termed (when served on weekends)
weekend sentence.
life sentence. (1878) A sentence that imprisons the
convicted criminal for life though in some juris
dictions the prisoner may become eligible for release
on good behavior, rehabilitation, or the like. (Cases:
Sentencing and Punishment (';=> 1055, 1120.]
mandatory sentence. (1926) A sentence set by law with
110 discretion for the judge to individualize punish
ment. Also termed mandatory penalty; mandatory
punishment;fixed sentence. [Cases: Sentencing and
Punishment ~'='1053, 1054.]
maximum sentence. (1898) The highest level of punish
ment provided by law for a particular crime. (Cases:
Sentencing and Punishment ~1059, 1127.)
minimum sentence. (1891) The least amount of time
that a convicted criminal must serve in prison before
becoming eligible for parole. [Cases: Sentencing and
Punishment ~1057, 1126.]
multiple sentences. (1938) Concurrent or consecutive
sentences, if a convicted criminal is found guilty of
more than one offense. [Cases: Sentencing and Pun
ishment ~500.1
nominal sentence. (1852) A criminal sentence in name
only; an exceedingly light sentence.
noncustodial sentence. (1971) A criminal sentence
(such as probation) not requiring prison time.
presumptive sentence. (1978) An average sentence for
a particular crime (esp. provided under sentencing
guidelines) that can be raised or lowered based on the
presence of mitigating or aggravating circumstances.
[Cases: Sentencing and Punishment C-::>34,654.)

prior sentence. (1863) A sentence previously imposed
on a criminal defendant for a different offense,
whether by a guilty verdict, a guilty plea, or a nolo
contendere. [Cases: Sentencing and Punishment
630-637.]
split sentence. (1927) A sentence in which part of
the time is served in confinement -to expose the
offender to the unpleasantness ofprison and the
rest on probation. See shock probation under PROBA
TION. [Cases: Sentencing and Punishment (;:;;, 1934,
1936.]
straight sentence. See determinate sentence.
suspended sentence. (1919) A sentence postponed
so that the convicted criminal is not required to
serve time unless he or she commits another crime
or violates some other court-imposed condition .
A suspended sentence, in effect, is a form of proba
tion. -Also termed withheld sentence. [Cases: Sen
tencing and Punishment C::::> 1804-1810.]
weekend sentence. See intermittent sentence.
sentence bargain. See PLEA BARGAIN.
sentence cap. Military law. A pretrial plea agreement in
a court -martial proceeding by which a ceiling is placed
on the maximum penalty that can be imposed. [Cases:
Military Justice C='990, 1326.]
sentenced to time served. (1959) A sentencing dispo
sition whereby a criminal defendant is sentenced to
the same jail time that the defendant is credited with
serving while in custody awaiting trial.  The sentence
results in the defendant's release from custodv. Cf.
BALANCE OF SENTENCE SUSPENDED. [Cases: Sen'tenc
ing and Punishment (;:;;, 1156.]
sentence-factor manipulation. See sentencing entrap
ment under ENTRAPMENT.
sentence-package rule. (1996) Criminal procedure. The
principle that a defendant can be resentenced on an
aggregate sentence that is, one arising from a con
viction on multiple counts in an indictment -when
the defendant successfully challenges part of the con
viction, as by successfully challenging some but not
all of the counts.
sentencing. The judicial determination of the penalty
for a crime.
determinate sentencing. See mandatory sentencing.
discretionary sentencing. See indeterminate sentenc
ing.
fixed sentencing. See mandatory sentencing.
indeterminate sentencing. Sentencing that is left up to
the court, with few or very flexible guidelines. Also
termed discretionary sentencing. [Cases; Sentencing
and Punishment (;:;;, 1057-1059, Il25-Il27.J
mandatory sentencing. A statutorily specified penalty
that automatically follows a conviction for the offense,
often with a mi~imum mandatory term. Also
termed determinate sentencing; fixed sentencing.
[Cases: Sentencing and Punishment 1054.] presumptive sentencing. A statutory scheme that pre
scribes a sentence or range ofsentences for an offense
but allows the court some flexibility in atypical cases.
[Cases: Sentencing and Punishment (;:;;, 34,654.]
sentencing council. (1973) A panel of three or more
judges who confer to determine a criminal sentence.
 Sentencing by a council occurs less frequently than
sentencing by a Single trial judge.
sentencing entrapment. See ENTRAPMENT.
sentencing guidelines. (1970) A set of standards for
determining the punishment that a convicted criminal
should receive, based on the nature of the crime and the
offender's criminal history . The federal government
and several states have adopted sentencing guidelines in
an effort to make judicial sentencing more consistent.
[Cases: Sentencing and Punishment (;:;;,650-998.]
sentencing bearing. See PRESENTENCE HEARING.
sentencing phase. See PENALTY PHASE.
Sentencing Reform Act of 1984. A federal statute
enacted to bring greater uniformity to punishments
assessed for federal crimes by creating a committee
of federal judges and other officials (the United States
Sentencing Commission) responsible for producing
sentencing gUidelines to be used by the federal courts.
28 USCA  994(a)(1).
Sentencing Table. A reference gUide used by federal
courts to calculate the appropriate punishment under
the sentencing guidelines by taking into account
the gravity of the offense and the convicted person's
criminal history. [Cases; Sentencing and Punishment
(;:;;,666-871.]
sententia (sen-ten-shee-~), n. [Latin] Roman & civil law.
1. Sense; meaning. 2. An opinion, esp. a legal opinion.
3. A judicial decision.
sententia voluntatis (sen-ten-shee-;l vol-~n-tay-tis). [Law
Latin] Hist. The determination of the will.
SEP. abbr. See simplified employee pension plan under
EMPLOYEE BENEFIT PLAN.
separability. Copyright. An element of various judicial
tests used to determine whether a design in a func
tional article is a copyrightable work ofapplied art, or
an uncopyrightable industrial design, the test being
based on whether the beholder separates the work's
artistic appearance from its useful function. _ Some
courts use a strict phYSical separability test, but most
look at whether the work's two roles are conceptually
separate. [Cases: Copyrights and Intellectual Property
(;:;;,4.]
separability clause. See SEVERABILITY CLAUSE.
separable, adj. (14c) Capable of being separated or
divided <a separable controversy>.
separable controversy. See CONTROVERSY.
separaliter (sep-a-ray-l;l-tar). [Latin] Hist. Separately.
This term was formerly used in an indictment to empha
size that multiple defendants were being charged with
separate offenses, when it appeared from the general

1487
language of the indictment that the defendants were
jointly charged.
separate, adj. (15c) (Of liability, cause of action, etc.)
individual; distinct; particular; disconnected.
separate action. See ACTION (4).
separate and apart. See LIVING SEPARATE AND APART.
separate-but-equal doctrine. (1950) The now-defunct
doctrine that African-Americans could be segregated
if they were provided with equal opportunities and
facilities in education, public transportation, and jobs.
 This rule was established in Plessy v. Ferguson, 163
U.S. 537, 16 S.Ct. 1138 (1896), and overturned in Brown
v. Board ofEducation, 347 U.S. 483, 74 S.Ct. 686 (1954).
[Cases: Schools C=:> 13(2).]
separate caucus. See CAUCUS.
separate count. See COUNT.
separate covenant. See several covenant under COVENANT
(1).
separate demise. See DEMISE.
separate estate. See ESTATE (1).
separate examination. (18c) 1. The private interroga
tion ofa witness, apart from the other witnesses in the
same case. 2. The interrogation of a wife outside the
presence of her husband by a court clerk or notary for
the purpose of acknowledging a deed or other instru
ment.  This was done to ensure that the wife signed
without being coerced to do so by her husband.
separate goodwill. See personal goodwill under
GOODWILL.
separate maintenance. See MAINTENANCE.
separate offense. See OFFENSE (1).
separate property. (I8c) 1. Property that a spouse owned
before marriage or acquired during marriage by inheri
tance or by gift from a third party, and in some states
property acquired during marriage but after the spouses
have entered into a separation agreement and


or by gift from a third party, and in some states
property acquired during marriage but after the spouses
have entered into a separation agreement and have
begun living apart or after one spouse has commenced
a divorce action. -Also termed individual property.
Cf. COMMUNITY PROPERTY; marital property under
PROPERTY. [Cases: Divorce (>:::252.3(3).] 2. In some
common-law states, property titled to one spouse or
acquired by one spouse individually during marriage.
3. Property acquired during the marriage in exchange
for separate property (in sense 1 or sense 2).
separate-property state. See COMMON LAW STATE (2).
separate return. See TAX RETURN.
separate-sovereigns rule. (1995) Criminal procedure. The
principle that a person may be tried twice for the same
offense despite the Double Jeopardy Clause -if the
prosecutions are conducted by separate sovereigns, as
by the federal government and a state government or
by two different states. See DOUBLE JEOPARDY. [Cases:
Double Jeopardy C-= 183.]
separate-spheres doctrine. Hist. Family law. The com
mon-law doctrine that wives were limited to control separation of powers
ofthe home the personal or domestic sphere and
that husbands had control of the public sphere . Under
this-early-19th century doctrine, the wife was to tend
to the home and family and the husband was to be
the breadwinner. -Also termed doctrine ofseparate
spheres.
separate support. See separate maintenance under
MAINTENANCE.
separate trading of registered interest and principal
of securities. A treasury security by which the owner
receives either principal or interest, but usu. not
both. -Abbr. STRIP.
separate trial. See TRIAL.
separatim (sep-aray-tim). [Latin] Hist. Severally . This
term referred to the formation of several covenants in
a deed.
separatio (sep-a-ray-shee-oh), n. See FRUCTUS (1).
separatio bonorum. See BENEFICIUM SEPARATIONIS.
separation. (l7c) 1. An arrangement whereby a husband
and wife live apart from each other while remaining
married, either by mutual consent (often in a written
agreement) or by judicial decree; the act of carrying
out such an arrangement. -Also termed separation
from bed and board. See divorce a mensa et thoro under
DIVORCE. [Cases: Divorce Husband and Wife
C:::277.] 2. The status of a husband and wife having
begun such an arrangement, or the judgment or
contract that brought about the arrangement. -Also
termed (in both senses) legal separation; judicial separa
tion. 3. Cessation ofa contractual relationship, esp. in
an employment situation. -separate, vb.
separation agreement. (1886) 1. An agreement between
spouses in the process of a divorce or legal separation
concerning alimony, maintenance, property division,
child custody and support, and the like. Also termed
separation order (if approved or sanctioned judicially).
See temporary order under ORDER. 2. DIVORCE AGREE
MENT. [Cases: Husband and Wife C=~)277.]
separation a mensa et thoro. See divorce a mensa et
thoro under DIVORCE.
separation from bed and board. 1. SEPARATION (1). 2.
See divorce a mensa et thoro under DIVORCE.
separation ofpatrimony. Ovillaw. The act ofproViding
creditors ofa succession the right to collect against the
class of estate property from which the creditors should
be paid, by separating certain succession property from
property rights belonging to the heirs. [Cases: Descent
and Distribution (;=> 137.]
separation ofpowers. (1896) The division of governmen
tal authOrity into three branches ofgovernment leg
islative, executive, and judicial -each with specified
duties on which neither of the other branches can
encroach; a constitutional doctrine of checks and
balances designed to protect the people against tyranny.
Cf. DIVISION OF POWERS. [Cases: Constitutional Law
G=2330-2626.]

"[TJhe doctrine of the separation of powers was adopted
by the convention of 1787 not to promote efficiency but
to preclude the exercise of arbitrary power. The purpose
was not to avoid friction, but, by means of the inevitable
friction incident to the distribution of the governmental
powers among three departments, to save the people from
autocracy." Justice Louis Brandeis (as quoted in Roscoe
Pound, The Development of Constitutional Guarantees of
Liberty 94 (1957)).
"Although in political theory much has been made of the
vital importance of the separation of powers, it is extraor
dinarily difficult to define precisely each particular power.
In an ideal state we might imagine a legislature which had
supreme and exclusive power to lay down general rules
for the future without reference to particular cases; courts
whose sale function was to make binding orders to settle
disputes between IndiViduals which were brought before
them by applying these rules to the facts which were
found to exist; an administrative body which carried on
the business of government by issuing particular orders or
making decisions of policy within the narrow confines of
rules of law that it could not change. The legislature makes,
the executive executes, and the judiciary construes the
law." George Whitecross Paton, A Textbook ofJurisprudence
330 (GW. Paton & David P. Derham eds., 4th ed. 1972).
"Separation of powers means something quite different in
the European context from what it has come to mean in
the United States .... Separation of powers to an American
evokes the famil iar system of checks and balances among
the three coordinate branches of government legislative,
executive, and judiciary each with its independent con
stitutional basis. To a European, it is a more rigid doctrine
and inseparable from the notion of legislative supremacy."
Mary Ann Glendon et aI" Comparative Legal Traditions 67
(1994).
separation of witnesses. (1819) The exclusion of wit
nesses (other than the plaintiff and defendant) from
the courtroom to prevent them from hearing the testi
mony ofothers. [Cases: Criminal Law (;:::::>665; Federal
Civil Procedure (';=;>2012; Trial0=>4L]
separation order. 1. See SEPARATION AGREEMENT. 2. See
ORDER (2).
separation pay. See SEVERANCE PAY.
separatio tori (sep-Cl-ray-shee-oh tor-I). [Law Latin]
Hist. A separation of the marriage bed. See A MENSA
ETTHORO.
separator, n. Oil & gas. Equipment used at a well site
to separate oil, water, and gas produced in solution
with oiL. Basic separators simply heat oil to speed
the natural separation process, More complex separa
tors may use chemicals.
separatum tenementum (sep-Cl-ray-tClm ten-Cl-men-tClm).
[Law Latin] Hist. A separate tenement
SEP-IRA. See simplified employee pension plan under
EMPLOYEE BENEFIT PLAN.
sequatur sub suo periculo (si-kway-tClr s;)b s[y]oo-oh
pa-rik-[y];)-loh), n. [Law Latin "let him follow at his
peril"] Hist. A writ available when a sheriff returned
nihil to several summonses; speci., a writ issued after
the sheriff returned nihil to a warrant ad warrantizan
dum and follOWing an alias and a pluries writ See SICUT
ALIAS.
sequela (si-kwee-ICl), n. [Latin "that which follows"] Hist.
Suit; process, as in sequela curiae ("a suit ofcourt") and sequela causae ("the process ofa cause"). pL sequelae
(si-kwee-Iee).
sequela villanorum (si-kwee-la vil-<J-nor-<Jm). [Law
Latin] Hist. The family and appurtenances to a villein's
goods, which were at the lord's disposaL
sequence listing. Patents. A description ofthe nucleotide
or amino-acid chain in a biotechnological invention.
sequential journal. See JOURNAL OF NOTARIAL ACTS,
sequential marriage. See BIGAMY (2).
sequester (si-kwes-tar), n. (14c) 1. An across-the-board
cut in government spending. [Cases: States ~121.]2.
A person with whom litigants deposit property being
contested until the case has concluded; a sequestra
tor.
sequester, vb. (I5c) 1. To seize (property) by a writ of
sequestration. [Cases: Sequestration ~15.] 2. To seg
regate or isolate (a jury or witness) during triaL [Cases:
Criminal Law ~665, 854; Federal Civil Procedure
C:::)2012; Trial C--J 41, 303,]3. Eccles. law. To excommu
nicate. See EXCOMMlJNICATION. Also (erroneously)
termed sequestrate. [Cases: Criminal Law~665, 854;
Trial ~41,303.]
sequestered account. See ACCOUNT.
sequesterer. See SEQUESTRATOR.
sequestrarifacias (see-kwes-trair-I fay-shee-as), n. [Law
Latin "you are to cause to be sequestered"] Hist. Eccles.
law. A process to enforce a judgment against a clergy
man in a benefice, by which the bishop was ordered to
sequester a church's rents, tithes, or other profits until
the debt was paid.
sequestrate, vb. See SEQUESTER.
sequestratio (see-kwes-tray-shee-oh), n. [Latin] Roman
law. The depositing ofan object in dispute with a holder,
the sequester, either voluntarily or by court order. PL
sequestrationes (see-kwes-tray-shee-oh-neez).
sequestration (see-kwes-tray-shCln), n. (16c) 1. The
process by which property is removed from the pos
sessor pending the outcome of a dispute in which two
or more parties contend for it. Cf. ATTACHMENT (1);
GARNISHMENT, [Cases: Sequestration ~l.]
conventional sequestration. The parties' voluntary
deposit ofthe property at issue in a lawsuit.
judicial sequestration. The court-ordered deposit of
the property at issue in a lawsuit. [Cases: Sequestra
tion~L]
2. The setting apart of a decedent's personal property
when no one has been willing to act as a personal rep
resentative for the estate. 3. The process by which a
renounced interest is subjected to judicial management
and is distributed as the testator would have wished
ifhe or she had known about the renunciation. 4. A
judicial writ commanding the sheriff or other officer to
seize the goods of a person named in the writ. This
writ is sometimes issued against a civil defendant who
has defaulted or has acted in contempt ofcourt [Cases:
Sequestration ~13.] 5. The court-ordered seizure of

1489
a bankrupt's estate for the benefit ofcreditors. 6. Int'l
law. The seizure by a belligerent power of enemy assets.
[Cases: War and National Emergency 12.] 7. The
freezing of a government agency's funds; SEQUESTER
(1). [Cases: States 121.] 8. Custodial isolation of a
trial jury to prevent tampering and exposure to public
ity, or of witnesses to prevent them from hearing the
testimony of others. -Also termed (in sense 8) jury
sequestration. [Cases: Federal Civil Procedure C=>20l2;
Trial 303.]
sequestration for rent. Scots law. A landlord's remedy
to recover up to one year's unpaid rent by seizing
and selling, under court order, the tenant's personal
property. Cf. DISTRESS (2).
sequestrator (see-kwes-tray-tar). (15c) 1. An officer
appointed to execute a writ of sequestration.
"[AJ sequestrator was an officer of the Court of Chancery
acting under the order of that court in seizing property. The
law courts appear, however, to have held that the holder
of the property could resist seizure by the officer of the
Court of Chancery, and indeed kill that officer if necessary
to prevent the seizure. And if he killed the officer, he would
not be held gUilty of murder because the Court of Chancery
was an illegal tribunal or its decrees were illegal, and could
not justify an officer in seizing the property mentioned in
the order." Charles Herman Kinnane, A First Book on Anglo
American Law 306 (2d ed. 1952).
2. A person who holds property in sequestration.
Also termed sequesterer. [Cases: Sequestration Cd
14.]
sequestro habendo (si-kwes-troh ha-ben-doh), n. [Law
Latin] Hist. Eccles. law. A writ from the sovereign to
the bishop ordering the discharge of the sequestration
ofa benefice's profits.
serendipity doctrine. (1989) Criminal procedure. lhe
principle that all evidence discovered during a lawful
search is eligible to be admitted into evidence at trial.
[Cases: Criminal LawC-~394.1(1).]
serf. Hist_ A person in a condition of feudal servitude,
bound to labor at the will of a lord; a villein . Serfs
differed from slaves in that they were bound to the
native soil rather than being the absolute property of
a master.
"As the categories became indistinct, the more abject vari
eties of slavery disappeared and in the twelfth century the
word 'villein' became the general term for unfree peasants.
'Serf' did not become a legal term of art, and in so far as it
remained in use it did not connote a status lower than that
of villein. The merger was to the detriment of the villani,
but it ens