postponed; a person who will be free at a particu
lar time or when certain conditions are met. -Also
written statu liber (stay-t[y]00 h-b;)r).
"The statuliber is one who has freedom arranged to take
effect on completion of a period or fulfillment of a con
dition. Men become statuliberi as a result of an express
condition, or by the very nature of the case. The meaning of
'express condition' presents no problem. The status arises
from the very nature of the case when men are manumitted
for the purpose of defrauding a creditor; for so long as it
is uncertain whether the creditor will use his right, the
men remain statuliberi, since fraud is taken in the lex Aelia
Sentia to involve actual damage." Digest ofjustinian 40.7.1
(Paul, ad Sabinum 5).
status. (I7c) 1. A person's legal condition, whether
personal or proprietary; the sum total of a person's
legal rights, duties, liabilities, and other legal relations,
or any particular group ofthem separately considered
<the status of a landowner>. 2. A person's legal condi
tion regarding personal rights but excluding propri
etary relations <the status of a father> <the status of
a wife>. 3. A person's capacities and incapacities, as
opposed to other elements ofpersonal status <the status
of minors>. 4. A person's legal condition insofar as it
is imposed by the law without the person's consent, as opposed to a condition that the person has acquired by
agreement <the status of a slave>.
"By the status (or standing) of a person is meant the
position that he holds with reference to the rights which are
recognized and maintained by the law -in other words,
his capacity for the exercise and enjoyment of legal rights."
James Hadley, Introduction to Roman Law 106 (1881).
"The word 'status' itself originally signified nothing more
than the position of a person before the law. Therefore,
every person (except slaves, who were not regarded as
persons, for legal purposes) had a status. But, as a result
of the modern tendency towards legal equality formerly
noticed, differences of status became less and less
frequent, and the importance of the subject has greatly
diminished, with the result that the term status is now
used, at any rate in English Law, in connection only with
those comparatively few classes of persons in the commu
nity who, by reason of their conspicuous differences from
normal persons, and the fact that by no decision of their
own can they get rid of these differences, require separate
consideration in an account of the law. But professional or
even political differences do not amount to status; thus
peers, physicians, clergymen of the established Church,
and many other classes of persons, are not regarded as
the subjects of status, because the legal differences which
distinguish them from other persons, though substantial,
are not enough to make them legally abnormal. And land
owners, merchants, manufacturers, and wage-earners are
not subjects of the Law of Status, though the last-named
are, as the result of recent legislation, tending to approach
that position." Edward Jenks, The Book of English Law 109
(P.B. Fairest ed., 6th ed. 1967).
status, law of. See LAW OF STATUS.
STAT-USA. A unit in the U.S. Department ofCommerce
responsible for disseminating economics and trade
information compiled by other federal agencies to busi
nesses and individuals through subscription services
and federal depository libraries . STAT-USA is an
agency within the Department's Economics and Sta
tistics Administration.
status crime. St:e CRIME.
status de manerio (stay-t;)s dee m;)-neer-ee-oh). [Law
Latin "the state of a manor"] Hist. The assembly of
tenants to attend the lord's court.
status offender. See OFFENDER.
status offense. See OFFENSE (1).
status-offense jurisdiction. See JURISDICTION.
status ofirremovability. Hist. A pauper's right not to be
removed from a parish after residing there for one year.
Cf. SETTLEMENT (6).
status quo (stay-t;)s or stat-;)s kwoh). [Latin "statt: in
which"] (1807) The situation that currently exists.
status quo ante (stay-t;)s kwoh an-tee). [Latin "state in
which previously"] (1877) The situation that existed
before something else (being discussed) occurred.
statutable (stach-;)-t;)-b;)l), adj. (I7c) 1. Prescribed or
authorized by statute. 2. Conforming to the legislative
requirements for quality, size, amount, or the like. 3.
(Ofan offense) punishable by law. See STATUTORY.
statute. (I4c) A law passed by a legislative body; specif.,
legislation enacted by any lawmaking body, including
legislatures, administrative boards, and municipal

1543 statute
courts. -The term act is interchangeable as a synonym.
For each of the subentries listed below, act is some
times substituted for statute. -Abbr. S.; stat. [Cases:
Statutes
"[Wle are not justified in limiting the statutory law to those
rules only which are promulgated by what we commonly
call 'legislatures.' Any positive enactment to which the
state gives the force of a law is a 'statute,' whether it has
gone through the usual stages of legislative proceedings,
or has been adopted in other modes of expressing the
will of the people or other sovereign power of the state. In
an absolute monarchy, an edict of the ruling sovereign is
statutory law. Constitutions, being direct legislation by the
people, must be included in the statutory law, and indeed
they are examples of the highest form that the statute law
can assume. Generally speaking, treaties also are statutory
law, because in this country, under the provisions of the
United States Constitution, treaties have not the force of
law until so declared by the representatives of the people."
William M. Lile et aI., BriefMaking and the Use ofLaw Books
8 (3d ed. 1914).
affirmative statute. (16c) A law requiring that some
thing be done; one that directs the doing of an act.
Cf. negative statute.
always-speaking statute. See speaking statute.
alltidejiciellcy statute. See antideficiency legislation
under LEGISLATION.
codifying statute. (1908) A law that purports to be
exhaustive in restating the whole ofthe law on a par
ticular topic, including prior caselaw as well as leg
islative provisions. -Courts generally presume that
a codifying statute supersedes prior caselaw. Cf. con
solidating statute.
compiled statutes. Laws that have been arranged by
subject but have not been substantively changed;
COMPILATION (2). Cf. revised statutes.
''The term 'compiled statutes' is properly applied to a
methodical arrangement, without revision or reenact
ment, of the existing statutes of a State, all the statutes
on a given subject being collected in one place. The work
is usually performed by private persons; and the former
statutes, as they were before the compilation, remain the
authority." Frank Hall Childs, Where and How to Find the
Law 12 (1922).
consolidating statute. (1886) A law that collects the
legislative provisions on a particular subject and
embodies them in a Single statute, often with minor
amendments and drafting improvements . Courts
generally presume that a consolidating statute leaves
prior case1aw intact. Cf. codifying statute.
"A distinction of greater importance in this field is that
between consolidating and codifying statutes. A consoli
dating statute is one which collects the statutory provisions
relating to a particular topic, and embodies them in a single
Act of Parliament, making only minor amendments and
improvements. A codifying statute is one which purports
to state exhaustively the whole of the law on a particular
subject (the common law as well as previous statutory pro
visions). .. The importance of the distinction lies in the
courts' treatment of the previous case law, the existence of
special procedural provisions with regard to consolidating
statutes and the existence of a presumption that they do
not change the law." Rupert Cross, Statutory Interpretation
5 (1976). construction statute. A legislative directive included in
a statute, intended to guide or direct a court's inter
pretation of the statute. _ A construction act can, for
example, be a simple statement such as "The word
'week' means seven consecutive days" or a broader
directive such as "Words and phrases are to be read
in context and construed according to the rules of
grammar and common usage. "Vords and phrases
that have acquired a technical or particular meaning,
whether by legislative definition or otherwise, are to
be construed accordingly." [Cases: Statutes (:::> 179.]
criminal statute. (18c) A law that defines, classifies, and
sets forth punish ment for one or more specific crimes.
See PENAL CODE. [Cases: Statutes C='241.]
curative statute.!. An act that corrects an error in a
statute's original enactment, usu. an error that inter
feres with interpreting or applying the statute. Cf.
validating statute. [Cases: Statutes (''-='236,278.11.]
2. See remedial statute.
declaratory statute. (17c) Alaw enacted to clarify prior
law by reconciling conflicting judicial decisions or
by explaining the meaning ofa prior statute. -Also
termed expository statute. [Cases: Statutes C=>236,
278.11.]
directory statute. (1834) A law that indicates only what
should be done, with no proviSion for enforcement.
Cf. mandatory statute: permissive statute. [Cases:
Statutes C=>227.]
disabling statute. (I8c) A law that limits or curbs
certain rights.
enabling statute. (18c) A law that permits what was
previously prohibited or that creates new powers;
esp., a congressional statute conferring powers on an
executive agency to carry out various delegated tasks.
[Cases: Administrative Law and Procedure C-::>305;
Statutes (:':::>219.]
expository statute. See declaratory statute.
general statute. (16c) A law pertaining to an entire
community or all persons generally. -Also termed
public statute. See PUBLIC LAW (2). [Cases: Statutes
C=>68.]
imperfect statute. (1847) A law that prohibits, but does
not render void, an objectionable transaction. -Such
a statute provides a penalty for disobedience without
depriving the violative transaction of its legal effect.
local statute. 1. See LOCAL LAW (1). 2. See LOCAL I,AW
(2).
mandatory statute. (18c) A law that requires a course
ofaction as opposed to merely permitting it. Cf. direc
tory statute; permissive statute. [Cases: Statutes
227.]
model statute. See uniform statute.
negative statute. (16c) A law prohibiting something;
a law expressed in negative terms. Cf. affirmative
statute.

statute 1544
nonclaim statute. (18c) 1. STATUTE OF LIMITATIONS.
2. A law that sets a time limit for creditors to bring
claims against a decedent's estate . Unlike a statute
of limitations, a nonclaim statute is usu. not subject
to tolling and is not waivable. [Cases: Executors and
Administrators C-:::'223, 225.]
organic statute. (1856) A law that establishes an admin
istrative agency or local government. -Also termed
organic act. Cf. ORGANIC LAW.
penal statute. (16c) A law that defines an offense and
prescribes its corresponding fine, penalty, or pun
ishment. -Also termed penal law; punitive statute.
[Cases: Statutes C:=>241.]
"It is a familiar and wellsettled rule that penal statutes are
to be construed strictly, and not extended by implications,
intendments, analogies, or equitable considerations. Thus,
an offense cannot be created or inferred by vague implica
tions. And a court cannot create a penalty by construction,
but must avoid it by construction unless it is brought within
the letter and the necessary meaning of the act creating
it." Henry Campbell Black, Handbook on the Construction
and Interpretation of the Laws 287 (1896).
permanent statute. See perpetual statute.
permissive statute. A statute that allows certain acts
but does not command them. A permissive statute
creates a license or privilege, or allows discretion in
performing an act. Cf. directory statute; mandatory
statute. [Cases: Statutes 0227.]
perpetual statute. (16c) A law containing no provision
for repeal, abrogation, or expiration. -Also termed
permanent statute. Cf. temporary statute (1).
personal statute. Civil law. A law that primarily affects
a person's condition or status (such as a statute
relating to capacity or majority) and affects property
only incidentally.
preceptive statute. A statute that is prescriptive, general,
definite, and complete. In form, a preceptive statute
is similar to a rule.
private statute. See special statute.
prohibitive statute. A statute that forbids all acts that
disturb society's peace or forbids certain acts on other
grounds. An example ofa noncriminal prohibitive
statute is one forbidding the execution of a mentally
retarded criminal because a person who lacks mental
capacity cannot understand the reason for the pun
ishment.
prospective statute. (1831) A law that applies to future
events.
public statute. See PUBLIC LAW (2).
punitive statute. See penal statute.
quasi-statute. An executive or administrative order, or
a regulation promulgated by a governmental agency,
that has the binding effect of legislation. [Cases:
Administrative Law and Procedure C:=>417.]
"Quasi-Stat


effect of legislation. [Cases:
Administrative Law and Procedure C:=>417.]
"Quasi-Statutes. Executive and administrative orders by
the government as well as military regulations, while not
called statutes, not originating as statutes usually do, are,
nevertheless, in force and effect, laws. Copies of general
orders and proclamations are issued to the public press for publication, but military regulations may for public reasons
be kept private." Jesse Franklin Brumbaugh, Legal Reason
ing and Briefing 223 (1917).
real statute. Civil law. A law primarily affecting the
operation, status, and condition of property, and
addressing persons only incidentally.
recording statute. See RECORDING ACT.
reference statute. A law that incorporates and adopts
by reference provisions ofother laws. [Cases: Statutes
C:=>51.]
remedial statute. (18c) A law that affords a remedy.
Also termed curative statute. [Cases: Statutes C:=>236,
278.11.]
repealing statute. A statute that revokes, and some
times replaces, an earlier statute . A repealing statute
may work expressly or by implication. [Cases: Statutes
0151, 158.]
restraining statute. See disabling statute.
retroactive statute. See RETROACTIVE LAW.
retrospective statute. See RETROACTIVE LAW.
revised statutes. (18c) Laws that have been collected,
arranged, and reenacted as a whole by a legisla
tive body. -Abbr. Rev. Stat.; R.S. See CODE (1). Cf.
compiled statutes. [Cases: Statutes C:=> 144-148,
231.]
revival statute. (1899) A law that provides for the
renewal of actions, of wills, and of the legal effect
of documents . A revival statute cannot resurrect
a time-barred criminal prosecution. Stegner v. Cali
fornia, 539 U.S. 607, 123 S.Ct. 2446 (2003).
severable statute. (1930) A law that remains operative
in its remaining provisions even if a portion of the
law is declared unconstitutional. [Cases: Statutes (::::;,
64.]
single-act statute. See LONG-ARM STATUTE.
speaking statute. (2000) A statute to be interpreted in
light of the understanding of its terms prevailing at
the time of interpretation. -Also termed always
speaking statute.
special statute. (17c) A law that applies only to specific
individuals, as opposed to everyone. -Also termed
private statute. [Cases: Statutes C:=>77-104.]
"It is ancient wisdom, tracing back at least as far as the
Roman taboo against the privilegium, that laws ought
to be general, they ought to be addressed, not to par
ticular persons, but to persons generally or to classes of
persons (say, 'all householders'). Accordingly, a number of
American states have inserted in their constitutions pro
hibitions against 'private or special' statutes. These have
given rise to endless difficulties."' Lon L. Fuller, Anatomy of
the Law 102-03 (1968).
split-level statute. (1980) A law that includes officially
promulgated explanatory materials in addition to its
substantive provisions, so that courts are left with two
levels ofdocuments to construe.
statute ofdescent and distribution. See STATUTE OF
DISTRIBUTION.

1545 statute of frauds
statute ofdistribution. See STATUTE OF DISTRIBU
TION.
statute offrauds. See STATUTE OF FRAUDS.
temporary statute. (17c) I. A law that specifically
provides that it is to remain in effect for a fixed,
limited period. Cf. perpetual statute. [Cases: Statutes
C=> 172.] 2. A law (such as an appropriation statute)
that, by its nature, has only a Single and temporary
operation.
uniform statute. A law drafted with the intention that
it will be adopted by aU or most of the states; esp.,
UNIFORM LAW. -Also termed model statute; uniform
act. Cf. MODEL ACT. [Cases: Statutes (>='226.]
validating statute. (1882) A law that is amended either
to remove errors or to add provisions to conform to
constitutional requirements. -Also termed valida
tion statute. Cf. curative statute. [Cases: Statutes
52,236.]
statute book. (16c) A bound collection of statutes, usu.
as part of a larger set of books containing a complete
body of statutory law, such as the United States Code
Annotated.
statute fair. Hist. A fair during which the fixed labor
rates were announced and laborers ofboth sexes offered
themselves for hire. Also termed mop fair.
statute law. See STATUTORY LAW.
statute-making. See LEGlSLATIO~ (1).
statute merchant. Hist. 1. (cap.) One oftwo 13th-century
statutes establishing procedures to better secure and
recover debts by, among other things, providing for a
commercial bond that, if not timely paid, resulted in
swift execution on the debtor's lands, goods, and body.
13 Edw. I, ch. 6 (1283); 15 Edw. I, ch. 6 (1285). These
statutes were repealed in 1863. Also termed pocket
judgment. 2. The commercial bond so established. Cf.
STATUTE STAPLE.
"It is not a little remarkable that our common law knew no
process whereby a man could pledge his body or liberty
for payment of a debt .... Under Edward I, the tide turned.
In the interest of commerce a new form of security, the
so-called 'statute merchant: was invented, which gave the
creditor power to demand the seizure and imprisonment
of his debtor's body." 2 Frederick Pollock & Frederic W.
Maitland, The History of English Law Before the Time of
Edward /596-97 (2d ed. 1899).
statute mile. See MILE (1).
Statute of Accumulations. Hist. A statute forbidding
the accumulation, beyond a certain period, ofproperty
settled by deed or will. 39 & 40 Geo. 3, ch. 98 (1800).
Statute ofAllegiance de Facto. Hist. A statute requiring
subjects to give allegiance to the actual (de facto) king,
and protecting them in so doing. 11 Hen. 7, ch. 1.
Statute of Amendments and Jeofails (jef-aylz). Hist.
One of several 15th-and 16th-century statutes allowing
a party who acknowledges a pleading error to correct it.
1 Hen. 5, ch. 5 (1413); 32 Hen. 8, ch. 30 (1540); 37 Hen.
8, ch. 6 (1545). See JEOFAIL. Statute of Anne. Hist. English law. 1. The Copyright
Act of 1709, which first granted copyright protection
to book authors. 8 Anne, ch. 19 (1709). 2. The statute
that modernized the English bankruptcy system and
first introduced the discharge of the debtor's existing
debts. 4 Anne, ch. 17 (1705).
statute of bread and ale. See ASSISA PANIS ET CEREVI
SlAB.
statute of distribution. (I8c) A state law regulating the
distribution ofan estate among an intestate's heirs and
relatives. Historically, the statute specified separate,
and often different, patterns for distributing an intes
tate's real property and personal property. Generally,
land descended to the heirs and personalty descended
to the next of kin. Also termed statute ofdescent
and distribution. [Cases: Descent and Distribution
1-43.]
Statute of Elizabeth. Hist. English law. A 1571 penal
statute that contained provisions against conveyances
made to defraud creditors. 13 Eliz., ch. 5 . The funda
mental provisions of this statute formed the basis for
modern laws against fraudulent conveyances.
statute of frauds. (18c) 1. Hist. (cap.) A 1677 English
statute that declared certain contracts judicially unen
forceable (but not void) if they were not committed
to writing and Signed by the party to be charged.
The statute was entitled "An Act for the Prevention of
Frauds and Perjuries" (29 Car. 2, ch. 3). -Also termed
Statute ofFrauds and Perjuries.
"The best known, and until recently, most important.
Act prescribing written formalities for certain contracts
only required that those contracts should be evidenced in
writing, or to put it another way, that the contract would
be unenforceable in a Court (but not \loid) in the absence
of writing. This was the Statute of Frauds 1677, sections 4
and 17 of which required written evidence of a somewhat
curious list of contracts. Today, all that is left of these pro
visions is that part of section 4, which requires contracts
of guarantee to be evidenced in writing, and section 40 of
the Law of Property Act 1925 (replacing another part of
section 4), which deals with contracts of sale of an interest
in land." P.S. Atiyah. An Introduction to the Law ofContract
141 (3d ed. 1981).
2. A statute (based on the English Statute of Frauds)
deSigned to prevent fraud and perjury by requiring
certain contracts to be in writing and signed by the
party to be charged . Statutes of frauds traditionally
apply to the following types of contracts: (1) a contract
for the sale or transfer of an interest in land, (2) a
contract that cannot be performed within one year of
its making, (3) a contract for the sale of goods valued at
$500 or more, (4) a contract of an executor or adminis
trator to answer for a decedent's debt, (5) a contract to
guarantee the debt or duty of another, and (6) a contract
made in consideration of marriage. UCC  2-201.
Abbr. S/F; SOF. [Cases: Frauds, Statute of~'"')1-118.1
"[Tlhe primary theory of statutes of frauds, past and
present, is that they are means to the end of preventing
successful courtroom perjury. The means to this end is
simply the requirement of a writing signed by the party to
be charged.... [Blut the statute of frauds writing require
ment is ... so far from any kind of guarantee against

1546 Statute of Frauds and Perjuries
successful perjury that it is inappropriate even to call it
a means to fraud prevention at all." 1 james j. White &
Robert S. Summers, Uniform Commercial Code  2-8, at
82 (4th ed. 1995).
Statute ofFrauds and Perjuries. See STATUTE OF FRAUDS
(1).
Statute ofGloucester (glos-tJr). Hist. English law. A 1278
statute providing for the award ofcosts in legal actions.
6 Edw., ch. 1.
statute ofjeofails (jef-aylz). A law permitting a litigant
to acknowledge an error in a pleading and correct or
amend the pleading without risking dismissal of the
claim. See JEOFAIL.
statute of limitations. (lSc) 1. A law that bars claims
after a specified period; speci., a statute establishing
a time limit for suing in a civil case, based on the date
when the claim accrued (as when the injury occurred
or was discovered) . The purpose ofsuch a statute is to
require diligent prosecution ofknown claims, thereby
providing finality and predictability in legal affairs and
ensuring that claims will be resolved while evidence
is reasonably available and fresh. -Also termed
nonclaim statute; limitations period. [Cases: Limita
tion of Actions ~1.1
"Statutes of limitations, like the equitable doctrine of laches,
in their conclusive effects are designed to promotejustice
by preventing surprises through the revival of claims that
have been allowed to slumber until evidence has been lost,
memories have faded, and witnesses have disappeared."
Order of R.R. Telegraphers v. Railway Express Agency, 321
U.S. 342, 348-49,64 S.Ct. 582, 586 (1944).
2. A statute establishing a time limit for prosecuting a
crime, based on the date when the offense occurred. -
Abbr. S/L; SOL. Cf. STATUTE OF REPOSE. [Cases:
Criminal Law ~145.5-160.]
"The purpose of a statute of limitations is to limit exposure
to criminal prosecution to a certain fixed period of time
following the occurrence of those acts the legislature had
decided to punish by criminal sanctions. Such a limitation
is designed to protect individuals from having to defend
themselves against charges when the basic facts have
become obscured by the passage of time and to minimize
the danger of official punishment because of acts in the far
distant past. Such a time limit may also have the salutary
effect of encouraging law enforcement officials promptly
to investigate suspected criminal activity." Toussie v. United
States, 397 U.S. 112,90 S.Ct. 858 (1970).
Statute of Monopolies. Hist. A 1624 act of the English
Parliament banning the Crown's practice of granting
monopolies with the single exception ofletters patent,
which gave an inventor the exclusive right to make and
use the invention for 14 years. 21 Jac. 1, ch. 3.
statute of mortmain. See MORTMAIN STATUTE.
statute ofrepose. (l8c) A statute barring any suit that is
brought after a specified time since the defendant acted
(such as by designing or manufacturing a product),
even ifthis period ends before the plaintiff has suffered
a resulting injury. C. STATUTE OF LIMITATIONS


a product),
even ifthis period ends before the plaintiff has suffered
a resulting injury. C. STATUTE OF LIMITATIONS. [Cases:
Limitation of Actions ~1.]
"A statute of repose ... limits the time within which an
action may be brought and is not related to the accrual
of any cause of action; the injury need not have occurred, much less have been discovered. Unlike an ordinary statute
of limitations which begins running upon accrual of the
claim, the period contained in a statute of repose begins
when a specific event occurs, regardless of whether a cause
of action has accrued or whether any injury has resulted."
54 c.j.S. Limitations ofActions  4, at 20-21 (1987).
Statute ofUses. Hist. An English statute of 1535 that con
verted the equitable title held by a cestui que use (i.e.,
a beneficiary) to a legal one in order to make the cestui
que use liable for feudal dues, as only a legal owner (the
feoffee to uses) could be. 27 Hen. 8, ch. 10. This statute
was the culmination ofa series ofenactments designed
by the Tudors to stop the practice of creating uses in
land that deprived feudal lords of the valuable incidents
offeudal tenure. The statute discouraged the granting
of property subject to another's use by deeming the
person who enjoys the use to have legal title with the
right ofabsolute ownership and possession. So after the
statute was enacted, if A conveyed land to B subject to
the use ofC, then C became the legal owner ofthe land
in fee simple. Ultimately, the statute was circumvented
by the courts' recognition ofthe use ofequitable trusts
in land-conveyancing. See CESTUI QUE USE; GRANT TO
USES; USE (4).
"The Statute of 27 H.8. hath advanced Uses, and hath
established Surety for him that hath the Use against the
Feoffees: for before the Statute the Feoffees were Owners
of the Land, but now it is destroyed, and the cestuy que use
is the Owner of the same: before the Possession ruled the
Use, but since the Use governeth the Possession." William
Noy, A Treatise of the Principal Grounds and Maxims of
the Laws of This Nation 73 (4th ed. 1677; repro C. Sims
ed., 1870).
Statute ofWestminster the First. See WESTMINSTER THE
FIRST, STATUTE OF.
statute ofwills. (l7c) 1. (cap.) An English statute (enacted
in 1540) that established the right ofa person to devise
real property by will. -Also termed Wills Act. 2. A
state statute, usu. derived from the English statute,
providing for testamentary disposition and if certain
requirements for valid execution in that jurisdiction
are met. [Cases: Wills ~1-20.]
Statute of Winchester. See WINCHESTER, STATUTE OF.
Statute of York. See YORK, STATUTE OF.
statute roll. Hist. A roll upon which a statute was
formally entered after receiving the royal assent.
Statutes at Large. An official compilation of the acts
and resolutions that become law from each session of
Congress, printed in chronological order.
statute staple. Hist. 1. A 1353 statute establishing pro
cedures for settling disputes among merchants who
traded in staple towns. The statute helped mer
chants receive swift judgments for debt. C. STATUTE
MERCHANT. 2. A bond for commercial debt.  A statute
staple gave the lender a possessory right in the land ofa
debtor who failed to repay a loan. See STAPLE.
"A popular form of security after 1285 ... was the ...
'statute staple' -whereby the borrower could by means
of a registered contract charge his land and goods without
giving up possession; if he failed to pay, the lender became
a tenant of the land until satisfied .... The borrower

1547 statutory period
under a statute or recognizance remained in possession
of his land, and it later became a common practice under
the common-law forms of mortgage likewise to allow the
mortgagor to remain in possession as a tenant at will or at
sufferance of the mortgagee." J.H. Baker, An Introduction
to English Legal History 354 (3d ed. 1990).
statuti (st<l-t[yJoo-tr), n. pI. [Latin] Roman law. Licensed
officials, esp. advocates, whose names are inscribed in
registers of matriculation, forming part of the college
ofadvocates. Cf. SUPERNUMERARll.
statuto mercatorio. See DE STATUTO MERCATORIO.
statutory (sta4:h-<l-tor-ee), adj. (18c) 1. Of or relating to
legislation <statutory interpretation>. 2. Legislatively
created <the law of patents is purely statutory>. 3. Con
formable to a statute <a statutory act>.
statutory a4:tion. See ACTION (4).
statutory agent. See AGENT (2).
statutory arson. See ARSON (2).
statutory bar. Patents. A patent law provision that
denies patent protection to inventors who wait too
long to apply. -This "loss of right" may occur when
an inventor publishes an article about the work, sells it,
offers it for sale, or makes public use of the invention.
The inventor has one year after the disclosure to apply
for a patent. See BAR (7). Cf. GRACE PERIOD (2). [Cases:
Patents (;=>80.]
statutory bond. 1. See BOND (2). 2. See BOND (3).
statutory burglary. See BURGLARY (2).
statutory 4:onstruction. (1813) 1. The act or process of
interpreting a statute. 2. Collectively, the principles
developed by courts for interpreting statutes. Also
termed statutory interpretation. See CONSTRUCTION (2).
[Cases: Statutes (;:":::'l74-247.]
"[Tlhere is not, and probably never can be, anything
meriting the description of a coherent body of caselaw
on statutory interpretation as a whole as distinct from the
interpretation of a particular statute." Rupert Cross, Statu
tory Interpretation 39 (1976).
statutory contract. See CONTRACT.
statutory crime. See CRIME.
statutory damages. See DAMAGES.
statutory dedication. See DEDICATION.
statutory deed. See DEED.
statutory disclaimer. See DISCLAIMER.
statutory double patenting. See DOUBLE PATENTING.
statutory double-patenting rejection. See REJECTION.
statutory employee. See EMPLOYEE.
statutory employer. See EMPLOYER.
statutory exception. See EXCEPTION (2).
statutory exclusion. Criminal procedure. The removal,
by law, of certain crimes from juvenile-court jurisdic
tion. _ Many states now remove certain particularly
serious crimes committed by older juveniles from the
jurisdiction ofthe juvenile courts. In this kind ofcase,
the juvenile court never has jurisdiction, so a transfer hearing is not required or necessary. Cf MANDATORY
WAIVER. [Cases: Infants (;=>68.5, 68.7.]
statutory exposition. (1854) A statute's special interpre
tation ofthe ambiguous terms of a previous statute <the
statute contained a statutory exposition of the former
act>.
statutory extortion. See EXTORTION.
statutory forced share. See ELECTIVE SHARE.
statutory foreclosure. See power-oj-sale Joreclosure
under FORECLOSURE.
statutory guardian. See GUARDIAN.
statutory homestead. See constitutional homestead
under HOMESTEAD.
statutory insolvency. See BANKRUPTCY (3).
statutory instrument. A British administrative regu
lation or order; an order or regulation issued by an
authority empowered by statute to do so, usu. to give
detailed effect to the statute.
statutory interpretation. See STATUTORY CONSTRUC
TION.
statutory invention registration. Patents. An official pro
cedure for placing an invention in the public domain by
publishing the patent abstract (which is included with
the invention's original application) in the U.S. Patent
and Trademark Office's Official Gazette, thus making
the abstract a prior-art reference as of the application's
filing date. -The process results in abandonment of the
patent application. If an alternative form ofdisclosure
is used, the prior-art references's effective date is the
date of publication. 35 USCA  157. Abbr. SIR. See
DEFENSIVE DISCLOSURE. [Cases: Patents (;=> 115.]
statutory law. (l7c) The body oflaw derived from statutes
rather than from constitutions or judicial decisions.
Also termed statute law; legislative law; ordinary law.
Cf. COMMON LAW (1); CONSTITUTIONAL LAW.
statutory liability. See LIABILITY.
statutory lien. See LIEN.
statutory merger. See MERGER.
statutory obligation. See OBLIGATION.
statutory omnibus clause. See OMNIBUS CLAUSE.
statutory partnership assodation. See PARTNERSHIP
ASSOCIATION.
statutory penalty. See PENALTY (1).
statutory period. 1. A time limit specified in a statute;
esp., the period prescribed in the relevant statute of
limitations. -This period includes, in addition to a
fixed number ofyears, whatever time local law allows
because of infancy, insanity, coverture, and other like
circumstances. [Cases: Limitation of Actions 1.]
2. Patents. The time available to a patent applicant to
answer an examiner's office action. -Since the six
month period is set by statute, it cannot be extended
but it can be shortened to as few as 30 davs. 35 USCA
 133. Cf. SHORTENED STATUTORY PERiOD. [Cases:
Patents (;=>104.]

1548 statutory presumption
statutory presumption. See PRESUMPTION.
statutory rape. See RAPE.
statutory rate. See MECHANICAL ROYALTY.
statutory receiver. See RECEIVER.
statutory redemption. See REDEMPTION.
statutory release. Hist. A conveyance superseding the
compound assurance by lease and release, created by
the Conveyance by Release Without Lease Act of 1841
(St. 4 & 5 Vict., ch. 21).
statutory right of redemption. (1857) The right of a
mortgagor in default to recover property after a fore
closure sale by paying the principal, interest, and other
costs that are owed, together with any other measure
required to cure the default. This statutory right
exists in many states but is not uniform. See EQUITY
OF REDEMPTION; REDEMPTION (4). [Cases: Mortgages
(>591-624.]
statutory share. See ELECTIVE SHARE.
statutory staple. Hist. A writ to seize the lands, goods,
and person of a debtor for forfeiting a statute staple.
See STATUTE STAPLE.
statutory subject matter. See PATENTABLE SUBJECT
MATTER.
statutory successor. See SUCCESSOR.
statutory tenant. See TENANT.
statuto stapulae. See DE STATUTO STAPULAE.
statutum (st~-t[y]oo-t~m), adj. Established; deter
mined.
statutum, n. 1. Hist. An act of Parliament, esp. one that
has been approved by the monarch. Cf. ACTUS (2). 2.
Roman law. An ordinance; esp., an imperial law.
Statutum de Nova Custuma (st~-t[y]oo-t~m dee noh-v~
k;)s-ch~-m;) or k~s-tp-m~). See CARTA MERCATORIA.
stay, n. (l6c) 1. The postponement or halting of a pro
ceeding, judgment, or the like. 2. An order to suspend
all or part of a judicial proceeding or a judgment
resulting from that proceeding. -Also termed stay
ofexecution; suspension ofjudgment. [Cases: Action
(>67; Execution (>158; Federal Civil Procedure (>
2700.] -stay, vb. -stayable, adj.
automatic stay. Bankruptcy. A bar to all judicial and
extrajudicial collection efforts against the debtor or
the debtor's property, subject to specific statutory
exceptions. 11 USCA  362 (a)-(b) . The policy
behind the automatic stay, which is effective upon the
filing of the bankruptcy petition, is that all actions
against the debtor should be halted pending the deter
mination ofcreditors' rights and the orderly admin
istration of the debtor's assets free from creditor
interference. -Also termed automatic suspension.
[Cases: Bankruptcy (>2391-2404.]
stay-away order. 1. In a domestic-violence case, an
order forbidding the defendant to contact the victim.
 A stay-away order usu. prohibits the defendant from
coming within a certain number offeet ofthe victim's home, school, work, or other specific place. Stay-away
orders are most often issued in criminal cases. [Cases:
Breach ofthe Peace C=>16.]2. RESTRAINING ORDER (1).
3. In a juvenile-delinquency case, an order prohibit
ing a youthful offender from frequenting the scene of
the offense or from being in the company of certain
persons. -Also termed no-contact order; stay-away
order ofprotection.
stay ofexecution. See STAY.
stay of mandate. 1. The suspension of a


ofprotection.
stay ofexecution. See STAY.
stay of mandate. 1. The suspension of a lower court's
order of execution, imposed by a higher court. 2. An
appellate court's suspension of its own judgment for
reconsideration.
stayor. Rare. Tennessee law. A surety for a judgment.
stay-put rule. School law. The principle that a child must
remain in his or her current educational placement
while an administrative claim under the Individuals
with Disabilities Education Act (usu. for an alternative
placement or for mainstreaming) is pending. 20 USCA
 1415(j). [Cases: Schools (>148(2.1).]
STB. abbr. SURFACE TRANSPORTATION BOARD.
STD. abbr. SEXUALLY TRANSMITTED DISEASE.
steady course. Maritime law. A ship's path that can
be readily ascertained either because the ship is on a
straight heading or because the ship's future positions
are easy to plot based on the ship's current position and
movements. [Cases: Collision (>35-38.J
steal, vb. (bef. 12c) 1. To take (personal property) illegally
with the intent to keep it unlawfully. [Cases: Larceny
(>1.] 2. To take (something) by larceny, embezzle
ment, or false pretenses.
stealth. 1. Hist. Theft; an act or instance of stealing.
Etymologically, this term is the noun corresponding
to the verb steal.
"Stealth is the wrongful taking of goods without pretence of
title: and therefore altereth not the property, as a trespass
doth, so as upon an appeal the party shall re-have them."
Sir Henry Finch, Law, ora Discourse Thereof210 (1759).
2. Surreptitiousness; furtive slyness.
stealth juror. See JUROR.
steganography (steg-~-nog-r~-fee), n. A cryptographic
method that digitally embeds or encodes one item of
information within another.  Because digitized audio
or visual files usu. have unused data areas, indelible
(and nearly undetectable) information can be added
without altering the file's quality. Copyright or trade
mark tags can be hidden in every fragment ofa digital
work, making disassociation almost impossible. -Also
termed digital fingerprinting; digital watermarking.
stellionatus (stel-ee-~-nay-t<ls or stel-Y<l-). [Latin "under
hand dealing"] Roman & Scots law. Conduct that is
fraudulent but does not fall within a specific class of
offenses. This term applies primarily to fraudulent
practices in the sale or hypothecation ofland. -Also
termed (in Scots law) stellionate. Cf. COZENING .
"Though pignus and hypothec are almost different names
for the same thing, there were differences. Hypothec was

used mainly for land, which cannot be removed. A thing
could be pledged only to one, but successive hypothecs
might be created over a thing. There was no fraud in this
but it was the offence of stellionatus to give a hypothec
without declaring existing hypothecs." W.w. Buckland, A
Manual ofRoman Private Law 355 (2d ed. 1953).
"STELLIONATE  is a term applied, in the law of Scotland,
either to any crime which, though indictable, goes under
no general denomination, and is punishable arbitrarily, or
to any civil delinquency of which fraud is an ingredient.
Those, e.g., who grant double conveyances of the same
subject, are guilty of this crime. , . and are punishable
arbitrarily in their persons and goods, besides becoming
infamous." William Bell, Bell's Dictionarv and Digest of the
Law ofScotland 940 (George Watson ed., 1882).
stenographer's record. See reporter's record under
RECORD.
stent, n. Scots law. A property assessment made for
taxation purposes.
stent, vb. Scots law. To assess or charge (a person or com
munity) for taxation purposes.
stepbrother. See BROTHER.
stepchild. See CHILD.
stepfather. See FATHER.
step-in-the-dark rule. (1955) Torts. The contributory
negligence rule that a person who enters a totally unfa
miliar area in the darkness has a dutv, in the absence
ofunusual stress, to refrain from proc~eding until first
ascertaining whether any dangerous obstacles exist.
See contributory negligence under NEGLIGENCE. [Cases:
Negligence (;::::> 1286(8).]
stepmother. See MOTHER.
stepparent. See PARENT.
stepparent adoption. See ADOPTION.
stepped-up basis. See BASIS.
stepped-up visitation. See VISITATION.
step-rate-premium insurance. See INSURANCE.
stepsister. See SISTER.
step-transaction doctrine. A method used by the
Internal Revenue Service to determine tax liability by
viewing the transaction as a whole, and disregarding
one or more nonsubstantive, intervening transactions
taken to achieve the final result. Also termed
transaction approach. [Cases: Internal Revenue
3071.]
sterilization. 1. The act of making (a person or other
living thing) permanently unable to reproduce. 2. The
act of depriving (a person or other living thing) of
reproductive organs; esp., castration. Also termed
(in both senses) asexualization. [Cases: Abortion and
Birth Control (;::::> 133; Mental Health
sterling, adj. 1. Of or conforming to a standard of
national value, esp. of English money or metal <a
pound sterling>. 2. (Of an opinion, value, etc.) valuable;
authoritative <a sterling report>.
stet (stet), n. [Latin "let it stand"] (I8c) 1. An order staying
legal proceedings, as when a prosecutor determines not to proceed on an indictment and places the case on a
stet docket.  The term is used chiefly in Maryland. 2.
An instruction to leave a text as it stands.
stet processus (stet prd-ses-,n), n. [Law Latin "let the
process stand"] Hist. 1. A record entry, similar to a nolle
prosequi, by which the parties agree to stay further pro
ceedings. 2. The agreement between the parties to stay
those proceedings . lhis was typically used by a plain
tiff to suspend an action rather than suffer a nonsuit.
stevedore (stee-vd-dor). Maritime law. A person or
company that hires longshore and harbor workers to
load and unload ships. Cf. SEAMAN; LONGSHOREMAN.
[Cases: Shipping (,~84, no.]
steward. 1. A person appointed to manage the affairs
of another. 2. A union official who represents union
employees and who oversees the performance ofunion
contracts. -Also termed (in sense 2) union steward;
shop steward.
steward ofall England. Hist. An officer vested with
various powers, including the power to preside over
the trial of peers.
steward ofa manor. Hist. An officer who handles the
business matters of a manor, including keeping the
court rolls and granting admittance to copyhold
lands.
Steward of Chiltern Hundreds (chil-tdrn). English
law. Formerly, a royal officer charged with protect
ing residents from robbers and thieves who hid in the
hundreds' wooded areas . Today, a member of Par
liament can accept this royal appointment as a step
toward resigning, which is generally forbidden by
statute. By law, for a member to accept this and certain
other Crown appointments is to forfeit his or her seat.
A resignation from the office of Steward completes the
resignation process.
stickering. Securities. The updating of a prospectus by
affiXing stickers that contain the new or revised infor
mation. Stickering avoids the expense of reprinting
an entire prospectus.
stickler. Hist. An arbitrator.
stickup. (1904) An armed robbery in which the victim
is threatened by the use of weapons. Also termed
holdup. See armed robbery under ROBBERY. [Cases:
Robbery~ll.]
stiffening note. Maritime law. A permit, issued by a
customs collector to the ship's master, that authorizes
the receipt and loading of heavy goods necessary to
ballast a vessel before the inward-bound cargo has been
completely unloaded.
stifling of a prosecution. An illegal agreement, in
exchange for money or other benefit, to abstain from
prosecuting a person. [Cases: Compounding Offenses
(>1.]
stigma-plus doctrine. The principle that defamation by
a government official is not actionable as a civil-rights
violation unless the victim suffers not onlv embarrass
ment but also the loss of a property inte'rest (such as

continued employment in a government job). [Cases:
Civil Rights (;:::> 1038; Constitutional Law (;:::>4040.]
still, n. An instrument or apparatus used for making
distilled liquor or alcohol.
stillborn, adj. (Ofan infant) born dead. Also termed
deadborn.
stillicidium (stil-J-sid-ee-Jm), n. [Latin fro stilla "a
drop" + ,adere "to fall"] Roman law. Eavesdropping.
See AQUAE IMMITTENDAE; servitus stillicidii under
SERVITUS.
stilus curiae (stl-laS kyoor-ee-ee). [Law Latin] Hist. The
form ofcourt.
sting. (1976) An undercover operation in which law
enforcement agents pose as criminals to catch actual
criminals engaging in illegal acts.
stint. 1. English law. Limitation; restriction <a right to
take fish from a canal without stint can exist as a profit
in gross>.
"All these species, of pasturable common, may be and
usually are limited as to number and time; but there are
also commons without stint, and which last all the year." 2
William Blackstone, Commentaries on the Laws ofEng/and
34 (1766).
2. A specific quantity of work; the time spent perform
ing a specific activity <he has done his stint>.
stipend (stl-pend or -p;md). 1. A salary or other regular,
periodic payment. 2. A tribute to support the clergy,
usu. consisting ofpayments in money or grain. [Cases:
Religious Societies {P27(5).]
stipendiary estate (su-pen-dee-er-ee). See ESTATE (1).
stipendiary magistrate. See MAGISTRATE.
stipendium (stI-pen-dee-Jm), n. [Latin] Roman law. A
soldier's regular pay. Cf. SALARIUM.
stipes (stl-peez), n. [Latin "a trunk"] Hist. Family stock; a ,
source of descent or title. PI. stipites (stip-J-teez).
stipital (stip-i-tdl), adj. See STIRPITAL.
stipulated authority. See express authority under
AUTHORITY (1).
stipulated damages. See liquidated damages under
DAMAGES.
stipulated judgment. See agreed judgment under
JUDGMENT.
stipulatio (stip-YJ-Iay-shee-oh), n. [Latin] Roman law.
An oral contract requiring a formal question and reply,
binding the replier to do what was asked . It is essen
tial that both parties speak, and that the reply directly
conforms to the question asked and is made with the
intent to enter into a contractual obligation. No consid
eration is required. See actio ex stipulatu under ACTIO.
PI. stipulationes (stip-YJ-Iay-shee-oh-neez).
"[I]t must be remembered that the lawforms used by the
Romans had their origin in times when writing was neither
easy nor common. It is not surprising, therefore, that
among them a form of spoken words, a verbal contract,
should hold the place which among us is occupied by
written notes. This form ... stipulatio was of a very
simple character, consisting only of a question asked by one party, and an answer returned by the other ....
Such forms as Spondesne mihi decem aureos dare (do
you engage to give me ten aurei, or gold-pieces): answer,
Spondeo (I engage) ...." James Hadley, Introduction to
Roman Law 210 (1881).
"The oldest Roman contract was the stipulatio, an oral
promise made by an answer to an immediately preced
ing question, with the promisor using the same verb. The
contract was unilateral. Only one party, the promisor, was
legally liable, and he was bound strictly by the words used."
Alan Watson, Ancient Law and Modern Understanding 96
(1998).
stipulatio aquiliana (stip-ya-Iay-shee-oh J-kwil-ee
ay-na). [Latin] Roman law. A type ofstipulatio used to
collect and discharge all the liabilities owed on various
grounds by a single contract.
"[S]tipulatio Aquiliana, a device credited to Aquilius Gallus,
of Cicero's time. Where two persons with complex rela
tions between them desired to square or simplify their
accounts they could work out the items and arrive at
the balance .... This balance being paid or otherwise
arranged, each party would then make with the other this
stipulatio, which was a comprehensive formula ... This
would novate all the claims and turn them into a single
promise, for an incertum. These mutual stipulations might
then be released by acceptilatio." W.w. Buckland, A Manual
ofRoman Private Law 348 (2d ed. 1953).
stipulatio juris (stip-p-Iay-shee-oh joor-is). [Latin
"stipulatio as to the law"] The parties' agreement on a
question of law or its applicability . The court is not
bound to accept the stipulation if it is err


parties' agreement on a
question of law or its applicability . The court is not
bound to accept the stipulation if it is erroneous. But
the parties are allowed to stipulate the law to be applied
to a dispute.
stipulation (stip-YJ-Iay-sh;m), n. (I8c) 1. A material con
dition or requirement in an agreement; esp., a factual
representation that is incorporated into a contract as
a term <breach of the stipulation regarding payment
of taxes>. Such a contractual term often appears in
a section of the contract called "Representations and
Warranties." [Cases: Contracts (;::~ 173, 207, 218,
2. A voluntary agreement between opposing parties
concerning some relevant point; esp., an agreement
relating to a proceeding, made by attorneys represent
ing adverse parties to the proceeding <the plaintiff and
defendant entered into a stipulation on the issue oflia
bility>. A stipulation relating to a pending judicial
proceeding, made by a party to the proceeding or the
party's attorney, is binding without consideration.
[Cases: Stipulations
"Breach of a stipulation should not be confused with mis
representation, which is a false statement made before
or at the time the contract is made, and which induces
the contract; only if it is incorporated into the contract
does it become a stipulation or term, the breach of which
will entitle the injured party to pursue the usual remedies
which are available where there has been a breach of a
warranty or of a condition." 1 E.W. Chance, Principles of
Mercantile Law 239 (P.W. French ed., 13th ed. 1950).
"Stipulations with respect to matters of form and procedure
serve the convenience of the parties to litigation and often
serve to simplify and expedite the proceeding. In some
cases they are supported by the policy of favoring com
promise in order to reduce the volume of litigation. Hence
they are favored by the courts and enforced without regard
to consideration." Restatement (Second) of Contracts  94
cmt. a (1979).

1551
3. Roman law. A formal contract by which a promisor
(and only the promisor) became bound by oral question
and answer. _ By the third century A.D., stipulations
were always evidenced in writing. See REUS PROMIT
TEND!; REUS STIPULANDI. stipulate (stip-ya-layt),
vb. -stipulative (stip-ya-l<"l-tiv), adj.
"A stipulation consisted in a question and answer, the
question being put by the person who was to acquire a
right, the answer being given orally by the person who
undertook the obligation. The matter of the agreement
being stated, the binding words were usually simple;
those used by (and peculiar to) Romans being Spondesne?
or spondes? Spondeo. A stipulation made with a foreigner
in these terms was invalid. The questioner was called
stipulator, sometimes reus stipulandi ('[stipulating party]'),
the answerer usually promissor (or reus prornittendi [the
promising party]) ...." 2 Henry John Roby, Roman Private
Law 12 (1902).
stipulation pour autrui (poor oh-troo-ee). [French "for
other persons] Civil law. A contractual provision that
benefits a third party and gives the third party a cause
ofaction against the promisor for specific performance.
La. Civ. Code art. 1978. See third-party benefiCiary
under BENEFICIARY. [Cases: Contracts C;::::J 187.]
stipulatio sponsalitia (stip-Y<"l-lay-shee-oh spon-s<"l
lish-ee-<"l). [Latin] Roman law. In early law a solemn
promise by a father (paterfamilias) that his child would
marry someone else's child. -In some cases, there was
a penalty if the marriage did not occur. In classical
and later Roman law, in which free marriage was the
rule, such a promise was unentorceable because it was
regarded as immoral (contra bonos mores).
stipulative definition. See DEFINITION.
stipulator. 1. One who makes a stipulation. 2. Civil law.
The promisee in a stipulation pour autrui, accepting the
promise of a benefit to a third party. See REUS STIPU
LAND!.
stirpal (star-pal), ad;. See STIRPITAL.
stirpes (star-peez). (pI.) See STIRPS.
stirpital (star-pa-t'll), adj. (1886) Ofor relating to per
stirpes distribution. -Also termed stipital; stirpal. See
PER STIRPES. [Cases: Descent and Distribution C;::::J43;
Wills C;::::J530.J
stirps (st<"lrps), n. [Latin "stock"] (17c) A branch of a
family; a line of descent. PI. stirpes (star-peez). See
PER STIRPES.
stock, n. (l4c) 1. The original progenitor of a family; a
person from whom a family is descended; BRANCH (1)
<George Harper, Sr. was the stock of the Harper line>.
2. A merchant's goods that are kept for sale or trade
<the car dealer put last year's models on sale to reduce
its stock>. 3. The capital or principal fund raised by a
corporation through subscribers' contributions or the
sale of shares <Acme's stock is worth far more today
than it was 20 years ago>. 4. A proportional part of
a corporation's capital represented by the number of
equal units (or shares) owned, and granting the holder
the right to participate in the company's general man
agement and to share in its net profits or earnings <Julia stock
sold her stock in Pantheon Corporation>. See SHARE
(2). Cf. SECURITY (4). [Cases: Corporations C;::::J63.1.]
adjustable-rate preferred stock. Preferred stock whose
dividend is periodically changed according to changes
in a benchmark interest rate, such as that ofTreasury
bills.
assented stock. Stock that an owner deposits with a
third person according to an agreement by which the
owner voluntarily accepts a change in the corpora
tion's securities.
assessable stock. Stock that is subject to resale by the
issuer ifthe holder fails to pay any assessment levied
on it. [Cases: Corporations C;::::J 175.]
authorized stock. See capital stock (1).
bailout stock. Nontaxable preferred stock issued to
stockholders as a dividend. -Bailout stock is issued
to gain favorable tax rates by distributing corporate
earnings at capital gains rates rather than by dis
tributing dividends at ordinary income rates. This
practice is now prohibited by the Internal Revenue
Code. IRC (26 USCA)  306.
barometer stock. A stock whose price fluctuates accord
ing to market conditions; an individual stock consid
ered to be indicative of the strength of the market in
general. -Also termed bellwether stock.
blank stock. Securities. Stock with voting powers and
rights set by the issuer's board of directors after the
stock has been sold. [Cases: Corporations C;::::J 126.]
blue-chip stock. See BLUE CHIP.
bonus stock. A stock share that is issued for no consid
eration, as an enticement to buy some other type or
class of security. -It is considered a type of watered
stock. Also termed bonus share. [Cases: Corpora
tions C-~99, 243(6).]
book-value stock. Stock offered to executives at a book
value price, rather than at its market value. -The
stock is offered with the understanding that when its
book value has risen, the company will buy back the
stock at the increased price or will make payments in
stock equal to the increased price.
callable preferred stock. Preferred stock that may be
repurchased by the issuing corporation at a prestated
price, usu. at or slightly above par value. [Cases: Cor
porations C='68.]
capital stock. 1. The total number ofshares ofstock that
a corporation may issue under its charter or articles
ofincorporation, including both common stock and
preferred stock. - A corporation may increase the
amount ofcapital stock if the owners of a majority
of the outstanding shares consent. Also termed
authorized stock; authorized capital stock; authorized
stock issue; authorized shares. [Cases: Corporations
C:.-:>60.] 2. The total par value or stated value of this
stock; CAPITALIZATION (4). 3. See common stock.
cheap stock. Stock or stock options issued to the issuer's
directors, employees, consultants, promoters, and the

like at a price lower than the public-offering price up
to 12 months before the offering.
common stock. A class of stock entitling the holder to
vote on corporate matters, to receive dividends after
other claims and dividends have been paid (esp. to
preferred shareholders), and to share in assets upon
liquidation . Common stock is often called capital
stock if it is the corporation's only class of stock out
standing. -Also termed ordinary shares. Cf. pre
ferred stock. [Cases: Corporations C=' 155.]
convertible stock. See convertible security under
SECURITY.
corporate stock. An equity security issued by a cor
poration.
cumulative preferred stock. Preferred stock that must
receive dividends in full before common sharehold
ers may receive any dividend . If the corporation
omits a dividend in a particular year or period, it is
carried over to the next year or period and must be
paid before the common shareholders receive any
payment. -Also termed cumulative stock; cumula
tive preference share. [Cases: Corporations C='156.]
deferred stock. Stock whose holders are entitled to
dividends only after the corporation has met some
other specified obligation, such as the discharge of
a liability or the payment of a dividend to preferred
shareholders.
discount stock. A stock share issued for less than par
value . Discount stock is considered a type ofwatered
stock, the issuance of which may impose liability on
the recipient for the difference between the par value
and the cash amount paid. -Also termed discount
share.
donated stock. Stock donated to a charity or given to a
corporation by its own stockholders, esp. for resale.
equity stock. Stock of any class having unlimited
dividend rights, regardless of whether the stock is
preferred.
floating stock. Stock that is offered for sale on the open
market and that has not yet been purchased; the
number ofoutstanding shares available for trading.
full-paid stock. Stock on which no further payments
can be demanded by the issuing company. -Also
termed paid-up stock. [Cases: Corporations C='88,
89.]
glamour stock. See growth stock (2).
growth stock. 1. Stock issued by a growth company.
 Because a growth company usu. reinvests a large
share of its income back into the company, growth
stock pays relatively low dividends, though its price
usu. has a relatively high appreciation in market value
over time. 2. Stock that has produced or is expected to
produce above-average returns and usu. receives small
or no dividends. -Also termed glamour stock.
guaranteed stock. Preferred stock on which a dividend
is guaranteed by someone (usu. a parent corporation)
other than the issuer. [Cases: Corporations C='156.] guarantee stock. A fixed, nonwithdrawal investment in
a building-and-Ioan association . This type ofstock
guarantees to all other investors in the association a
fixed dividend or interest rate. See BUILDING-AND
LOAN ASSOCIATION. [Cases: Building and Loan Asso
ciations C='7.]
guaranty stock. A savings-and-loan association's stock
yielding dividends to the holders after dividends have
been paid to the depositors. [Cases: Building and
Loan Associations C=' 11.]
hot stock. See hot issue under ISSUE (2).
inactive stock. A low-volume stock.
income stock. A stock with a history of high yields or
dividend payments (e.g., public utilities and well
established corporations).
issued stock. Capital stock that has been authorized
and sold to subscribers, but may be reacquired, such
as treasury stock. [Cases: Corporations C='n, 159.]
joint stock. Capital invested in an unincorporated
business and divided into shares proportionate to the
size of each investment. [Cases: Joint-Stock Compa
nies and Business Trusts C='5.]
letter stock. See restricted security under SECURITY.
listed stock. See listed security under SECURITY.
margin stock. See marginable security under
SECURITY.
nonassessable stock. Stock owned by a holder whose
potential liability is limited to the amount paid for the
stock and who cannot be charged additional funds
to pay the issuer's debts . Stock issued in the United
States is usu. nonassessable. [Cases: Corporations C=',
78,175.]
noncumulative preferred stock. Preferred stock that
does not have to be paid dividends that are in arrears.
 Once a periodic dividend is omitted, it will not be
paid. -Also termed noncumulative stock. [Cases:
Corporations C=' 156.]
nonparticipating preferred stock. Preferred stock that
does not give the shareholder the right to additional
earnings -usu. surplus common-stock dividends
beyond those stated in the preferred contract.
nonvoting stock. Stock that has no voting rights under
most situations. [Cases: Corporations <.r'=' 197.]
no-par stock. Stock issued without a specific value
assigned to it.  For accounting purposes, it is given
a legal or stated value that has little or no connection
to the stock's actual value. -Sometimes shortened
to no par. -Also termed no-par-value stock.
outstanding stock. Stock that is held by investors
and has not been redeemed by the issuing corpora
tion. -Also termed outstanding capital stock; shares
outstanding.
paid-up stock. See full-paid stock.
participating preferred stock. Preferred stock whose
holder is entitled to receive stated dividends and to

1553 stockbroker
share with the common


Preferred stock whose
holder is entitled to receive stated dividends and to

1553 stockbroker
share with the common shareholders in any addi
tional distributions of earnings.
participation stock. Stock permitting the holder to par
ticipate in profits and surplus.
par-value stock. Stock originally issued for a fixed value
derived by dividing the total value of capital stock by
the number of shares to be issued. The par value
does not bear a necessary relation to the actual stock
value because surplus plays a role in the valuation.
[Cases: Corporations (;::::62, 99(3).]
penny stock. An equity security that is not traded in
established markets, represents no tangible assets, or
has average revenues less than reqUired for trading
on an exchange. Typically, a penny stock is highly
speculative and can be purchased for less than $5 a
share.
performance stock. See glamour stock.
phantom stock. Imaginary stock that is credited to a
corporate executive account as part ofthe executive's
compensation package. See PHANTOM STOCK PLAN.
[Cases: Corporations (;:::: 308(3).J
preferred stock. A class ofstock giving its holder a pref
erential claim to dividends and to corporate assets
upon liquidation but that usu. carries no voting
rights. Also termed preference shares. Cf. common
stock. [Cases: Corporations (;:::: 156.)
premium stock. Stock that carries a premium for
trading, as in the case of short-selling.
prior preferred stock. Preferred stock that has prefer
ence over another class of preferred stock from the
same issuer.  The preference usu. relates to dividend
payments or claims on assets. [Cases: Corporations
(;:::: 156.]
public stock. 1. See public security under SECURITY. 2.
Stock of a publicly traded corporation.
reacquired stock. See treasury stock.
redeemable stock. Preferred stock that can be called by
the issuing corporation and retired. [Cases: Corpora
tions (;:.:::>68.]
registered stock. See registered security under SECU
RITY.
restricted stock. See restricted security under SECU
RITY.
retired stock. See treasury stock.
special stock. Hist. Corporate stock that guarantees
investors an annual dividend and gives them creditor
status to the extent that dividends have become
payable. In contrast, preferred-stock holders' claims
for dividends payable are secondary to creditors'
claims. Special stock was statutorily authorized only
in Massachusetts. [Cases: Corporations (>::)7LJ
subscribed stock. A stockholder's equity account
shOWing the capital that will be contributed when the
subscription price is collected. See SUBSCRIPTION (2).
[Cases: Corporations (;::::88.] tainted stock. Stock owned or transferred by a person
disqualified from serving as a plaintiff in a derivative
action. A good-faith transferee is also disqualified
from filing a derivative action.
treasury stock. Stock issued by a company hut then
reacquired and either canceled or held . Some states
have eliminated this classification and treat such stock
as if it is authorized but unissued. -Also termed
treasury security; treasury share; reacquired stock;
retired stock. [Cases: Corporations (;::::72.J
unissued stock. Stock that is authorized by the corpo
rate charter but not yet distributed.
unlisted stock. See unlisted security under SECURITY.
volatile stock. Stock subject to wide and rapid fluctua
tions in price. Also termed yo-yo stock.
voting stock. Stock that entitIes the holder to vote in
the corporation's election of directors and on other
matters that are put to a vote. Also termed voting
security. [Cases: Corporations (;:::: 197.J
watered stock. Stock issued for less than par value.
[Cases: Corporations (;::::99.J
'The term 'watered stock' is a colorful common law phrase
describing the situation where shareholders receive shares
without paying as much for them as the law requires ....
Much of the early common law relating to watered shares
concerned the liability of shareholders receiving watered
shares to pay the additional conSideration needed to
'squeeze out the water.' ... [It nowl seems clear that a
shareholder is liable to the corporation if he or she pays
less for the shares than the conSideration fixed by the
directors, and this liability is measured by the difference
between the fixed consideration and the amount actually
paid." Robert W. Hamilton, The Law of Corporations in a
Nutshell 120-21 (3d ed. 1991).
whisper stock. The stock ofa company that is rumored
to be the target of a takeover attempt.
yo-yo stock. See volatile stock.
stock acquisition. See SHARE ACQUISITION.
stock-appreciation right. (usu. pl.) A right, typically
granted in tandem with a stock option, to be paid the
option value (usu. in cash) when exercised along with
the simultaneous cancellation of the option. -Abbr.
SAR. [Cases: Corporations (;:::: 116.]
stock association. See joint-stock company under
COMPANY.
stock attribution. See ATTRIBUTION.
stock bailout. A stock redemption in the form of a pre
ferred stock dividend.
stock/bond power. See STOCK POWER.
stock bonus plan. A special type of profit-sharing plan
in which the distribution of benefits consists of the
employer-company's own stock. [Cases: Corporations
(;::::308(1).]
stockbroker. One who buys or sells stock as agent for
another. Also termed account executive; account rep
resentative. [Cases: Brokers

stock certificate 1554
stock certificate. An instrument evidencing ownership
of shares of stock. Also termed certificate ofstock;
share certificate. [Cases: Corporations C:=>94.]
face-amount certificate. 1. A certificate, investment
contract, or other security representing an obligation
by its issuer to pay a stated or determinable sum, at
a fixed or determinable date or dates more than 24
months after the date of issuance, in consideration
ofthe payment ofperiodic installments ofa stated or
determinable amount. -Also termed face-amount
certificate ofthe installment type. 2. A security repre
senting a similar obligation on the part ofthe issuer of
a face-amount certificate, the consideration for which
is the payment ofa single lump sum. See 15 USCA
 80a-2(a)(15). Also termed fully paid face-amount
certificate.
periodic-payment-plan certificate. A certificate,
investment contract, or other security providing for
a series of periodic payments by the holder and rep
resenting an undivided interest in certain specified
securities or in a unit or fund of securities purchased
wholly or partly with the proceeds ofthose payments.
_ The term also includes any security whose issuer
is also issuing the certificates described above and
whose holder has substantially the same rights and
privileges as those holders have upon completing the
periodic payments for which the securities provide.
See 15 USCA  80a-2(a)(27).
stock dearing. The actual exchange ofmoney and stock
between buyer and seller, typically performed by a
dearing corporation.
stock dearing corporation. A New York Stock Exchange
subsidiary that is a central agency for securities deliver
ies and payments between member firms.
stock control. A system of inventory management by
which a business maintains perpetual records of its
inventory.
stock corporation. See CORPORATION.
stock dividend. See DIVIDEND.
stock exchange. See SECURITIES EXCHANGE.
stock-for-assets exchange. Mergers & acquisitions. A
merger in which one corporation agrees to dissolve and
transfers all or most of its assets to another corpora
tion, which then distributes shares of its own stock to
the dissolving corporation's shareholders.
stock-for stock exchange. See stock swap under SWAP.
stockholder. See SHAREHOLDER.
stockholder derivative suit. See DERIVATIVE ACTION
(1).
stockholder of record. The person who is listed in the
issuer's books as the owner of stock on the record
date. Also termed holder ofrecord; owner ofrecord;
record owner. See record date under DAT. [Cases: Cor
porations 128.]
stockholders' equity. See OWNERS' EQUITY. stockholder's liability. See shareholder's liability under
LIABILITY.
stock insurance company. See INSURANCE COMPANY.
stock in trade. 1. The inventory carried by a retail
business for sale in the ordinary course ofbusiness. 2.
The tools and equipment owned and used by a person
engaged in a trade. 3. The equipment and other items
needed to run a business.
stock issue. See ISSUE (2).
stockjobber. See JOBBER (2).
stockjobbing, n. 'Ihe business of dealing in stocks or
shares; esp., the buying and selling of stocks and bonds
by jobbers who operate on their own account. -Also
termed stockjobbery.
stock-law district. See DISTRICT.
stock life-insurance company. See INSURANCE COM
PANY.
stock manipulation. See MANIPULATION.
stock market. 1. See MARKET (5). 2. See MARKET (6).
stock merger. See MERGER.
stock note. See NOTE (1).
stock option. 1. An option to buy or sell a specific
quantity ofstock at a deSignated price for a specified
period regardless of shifts in market value during the
period. [Cases: Corporations C:=>116.]2. An option that
allows a corporate employee to buy shares ofcorporate
stock at a fixed price or within a fixed period. -Such an
option is usu. granted as a form of compensation and
can qualify for special tax treatment under the Internal
Revenue Code. Also termed (in sense 2) employee
stock option; incentive stock option (ISO).
nonqualified stock option. A stock-option plan that
does not receive capital-gains tax treatment, thus
allowing a person to buy stock for a period (often ten
years) at or below the market Abbr. NQSO.
[Cases: Internal Revenue
qualified stock option. A now-rare stock-option
plan that allows a person to buy stock for a period
(often five years) at the market price, the stock being
subject to capital-gains tax treatment. Internal
Revenue C~3602.]
stock-option contract. See CONTRACT.
stock-parking, n. See PARKING (2).
stock power. A power of attorney permitting a person,
other than the owner, to transfer ownership of a
security to a third party. Also termed stock/bond
power. [Cases: Corporations
stock-purchase plan. An arrangement by which an
employer corporation allows employees to purchase
shares ofthe corporation's stock. [Cases: Corporations
~116.1
stock redemption. See REDEMPTION (3).
stock-redemption agreement. An agreement between
a corporation's individual owners and the corporation

1555 store
itself, whereby the corporation agrees to purchase
(Le., redeem) the stock of a withdrawing or deceased
owner. ~Often shortened to redemption agreement.
Also termed stock-retirement agreement. [Cases: Cor
porations 120.J
stock repurchase. See REDEMPTION (3).
stock-repurchase plan. A program by which a corpora
tion buys back its own shares in the open market, usu.
when the corporation believes the shares are under
valued.
stock-retirement agreement. See STOCK-REDEMPTION
AGREEMENT.
stock right. See SUBSCRIPTION RIGHT.
stocks, n. A punishment device consisting of two boards
that together form holes for trapping an offender's feet
and hands. Formerly also termed cippi. Cf. BILBOES
(1); PILLORY.
stock sale. Mergers & acquisitions. A takeover in which
the acquiring corporation buys stock directly from the
target corporation's shareholders until it controls all or
a majority of the target's stock.
stock split. The issuance of two or more new shares
in exchange for each old share without changing the
proportional ownership interests of each shareholder.
 For example, a 3-for-1 split would give an owner of
100 shares a total of 300 shares, or 3 shares for each
share previously owned. A stock split lowers the price
per share and thus makes the stock more attractive to
potential investors. ~Also termed share split. [Cases:
Corporations
reverse stock split. A reduction in the number ofa cor
poration's shares by calling in all outstanding shares
and reissuing fewer shares haVing greater value.
[Cases: Corporations (;=>68.]
stock subscription. See SUBSCRIPTION (2).
stock swap. See SWAP.
stock-transfer agent. See AGENT (2).
stock-transfer tax. See TAX.
stock warrant. See WARRANT (4).
stolen property. (18c) Goods acquired by larceny,
robbery, or theft. [Cases: Larceny Receiving
Stolen Goods Robbery (;=>4.J
stonewall, vb. To persistently refuse to cooperate in an
investigation; esp., to refuse to testify or to hand over
requested material until every available legal challenge
has been exhausted. stonewalling, n.
stool pigeon. Slang. 1. An informant, esp. a police infor
mant. 2. A person who acts as a decoy, esp. on behalf
ofa gambler or swindler, or for the police to help make
an arrest. -Also termed (in sense 1) rat; (in sense 2)
capper.
stop, n. (16c) Under the Fourth Amendment, a tem
porary restraint that prevents a person from walking
away. [Cases: Arrest <>:::>63.5.] stop and frisk, n. (1963) A police officer's brief detention,
questioning, and search of a person for a concealed
weapon when the officer reasonably suspects that the
person has committed or is about to commit a crime.
 The stop and frisk, which can be conducted without
a warrant or probable


person has committed or is about to commit a crime.
 The stop and frisk, which can be conducted without
a warrant or probable cause, was held constitutional by
the Supreme Court in Terry v. Ohio, 392 U.S. 1,88 S.Ct.
1868 (1968). -Also termed investigatory stop; investi
gatory detention; Terry stop; field stop. See reasonable
suspicion under SUSPICION. [Cases: Arrest (,'='63.5.]
stopgap tax. See TAX.
stopgap zoning. See interim zoning under ZONING.
stop-limit order. See stop order under ORDER (8).
stop-list. Antitrust. An illegal means by which manu
facturers sometimes attempt to enforce price mainte
nance, by having suppliers agree among themselves not
to supply any party who competes actively and breaks
anticompetitive price "rules."
stop-loss insurance. See INSURANCE.
stop-loss order. See stop order under ORDER (8).
stop-notice statute. (l963) A law proViding an alternative
to a mechanic's lien by allowing a contractor, supplier,
or worker to make a claim against the construction
lender and, in some instances, the owner for a portion
of the undisbursed construction-loan proceeds. See
mechanic's lien under LIEN. [Cases: Mechanics' Liens
(;=>, 113, 115.]
stop order. 1. See ORDER (8). 2. An SEC order that
suspends a registration statement containing false,
incomplete, or misleading information. [Cases: Secu
rities Regulation ~25.l6.]3. A bank customer's order
instructing the bank not to honor one of the customer's
checks. Also termed (in sense 3) stop-payment order.
[Cases: Banks and Banking (;=> 139.]
stoppage, n. (15c) 1. An obstruction or hindrance to
the performance of some act <stoppage of goods or
persons in transit for inspection>. 2. Civil law. SETOFF
<stoppage in pay for money owed>.
stoppage in transitu (in tran-si-t[yJoo ortranz-i-t[y]oo).
(18c) The right of a seller ofgoods to regain possession
of those goods from a common carrier under certain
circumstances, even though the seller has already
parted with them under a contract for sale. This right
traditionally applies when goods are consigned wholly
or partly on credit from one person to another, and
the consignee becomes bankrupt or insolvent before
the goods arrive in which event the consignor may
direct the carrier to deliver the goods to someone other
than the consignee (who can no longer pay for them),
Also termed stoppage in transit. See RECLAMATION (2).
[Cases: Sales (;=>289-299.]
stop-payment order. See STOP ORDER (}).
store, n. (13c) 1. A place where goods are deposited
for purchase or sale. 2. (usu. pl.) A supply of articles
provided for the subsistence and accommodation of a
ship's crew and passengers. 3. A place where goods or
supplies are stored for future use; a warehouse.

1556 store
public store. A government warehouse administratively
maintained, as for the storage of imported goods or
military supplies.
store, vb. (l3c) To keep (goods, etc.) in safekeeping for
future delivery in an unchanged condition.
stored-value card. A device that provides access to a
specified amount of funds for making payments to
others, is the only means ofroutine access to the funds,
and does not have an associated account in the name
of the holder. Typically, a consumer pays a bank or
merchant money in exchange for a stored-value card;
the consumer uses the card rather than paper currency
to purchase goods and services. -Also termed smart
card; prepaid card; value-added card.
store-receiver exemption. See AIKEN EXEMPTION.
stouthrief. Scots law. Robbery that takes place in or near
one's dwelling, but is not coupled with housebreak
ing.
stowage (stoh-ij). Maritime law. 1. The storing, packing,
or arranging of cargo on a vessel to protect the goods
from friction, bruising, or water damage during a
voyage. The bill of lading will often prescribe the
method of stowage to be used. [Cases: Shipping ~
110.] 2. The place (such as a ship's hull) where goods are
stored. [Cases: Shipping ~110, 123.] 3. The goods so
stored. 4. A fee paid for the storage ofgoods; a storage
fee.
stowaway. A person who hides on board an outgoing or
incoming vessel or aircraft to obtain free passage. 18
USCA  2199. [Cases: Aliens, Immigration, and Citi
zenship ~255,265; Aviation ~17.]
STR. abbr. SUSPICIOUS-TRANSACTION REPORT.
straddle, n. In securities and commodities trading, a sit
uation in which an investor holds contracts to buy and
to sell the same security or commodity, thus ensuring
a loss on one ofthe contracts . The aim ofthis strategy
is to defer gains and use losses to offset other taxable
income. -Also termed spread eagle; combination.
straddle, vb.
straight annuity. See ANNUITY.
straight bankruptcy. See CHAPTER 7 (2).
straight bill oflading. See BILL OF LADING.
straight deductible. See DEDUCTIBLE.
straight letter ofcredit. See LETTER OF CREDIT.
straight life annuity. See nonrefund annuity under
ANNUITY.
straight life insurance. See whole life insurance under
LIFE INSURANCE.
straight-line depreciation method. See DEPRECIATION
METHOD.
straight-line interest. See simple interest under INTEREST
(3).
straight mortgage. See MORTGAGE.
straight sentence. See determinate sentence under
SENTENCE. straight-term mortgage. See interest-only mortgage
under MORTGAGE.
straight up. See s.u.
straight voting. See noncumulative voting under
VOTING.
strain theory. (l8c) The theory that people commit
crimes to alleviate stress created by the disjunction
between their station in life and the station to which
society has conditioned them to aspire. Cf. CONTROL
THEORY; RATIONAL-CHOICE THEORY; ROUTINE-ACTIV
ITIES THEORY.
stramineus homo (stra-min-ee-as hoh-moh). [Latin
"man ofstraw"] See STRAW MAN.
strand, n. (bef. 12c) A shore or bank of an ocean, lake,
river, or stream.
stranding, n. Maritime law. A ship's drifting, driving,
or running aground on a strand . The type ofstrand
ing that occurs determines the method of apportion
ing the liability for any resulting losses. [Cases: Salvage
~9,30.]
accidental stranding. Stranding caused by natural
forces, such as wind and waves. -Also termed invol
untary stranding. See general average and particular
average under AVERAGE.
"Damage to a vessel from involuntary stranding or wreck,
and the cost of repairs, are particular average only. Where,
however, the ship and cargo are exposed to a common peril
by the accidental stranding, the expenses of unloading and
taking care of the cargo, rescuing the vessel, reloading the
cargo, and other expenses other than repairs requisite to
enable the vessel to proceed on the voyage, are brought
into general average, proVided the vessel and cargo were
saved by the same series of measures during the continu
ance of the common peril which created the joint necessity
for the expenses." 70 Am.Jur. 2d Shipping  961, at 1069
(1987).
voluntary stranding. Stranding to avoid a more dan
gerous fate or for fraudulent purposes.
"The loss occurring when a ship is voluntarily run ashore to
avoid capture, foundering, or shipwreck is to be made good
by general average contribution, if the ship is afterwards
recovered so as to be able to perform its voyage, as such
a claim is clearly within the rule that whatever is sacrificed
for the common benefit of the associated interests shall
be made good by all the interests exposed to the common
peril which were saved from the common danger by the
sacrifice .... A vessel cannot, however, claim contribu
tion founded on even a voluntary stranding made neces
sary by ... unseaworthiness or the negligence ofthose in
charge, except in pursuance of a valid agreement to that
effect." 70 Am.Jur. 2d Shipping  961, at 1069 (1987).
stranger. (14c) 1. One who is not party to a given trans
action; esp., someone other than a party or the party's
employee, agent, tenant, or immediate family member.
[Cases: Contracts ~185.]2. One not standing toward
another in some relation implied in the context; esp.,
one who is not in privity. 3. A person who voluntarily
pays another person's debt even though the payor
cannot be held liable for the debt and the payor's
property is not affected by the creditor's rights . Sub
rogation does not apply to a stranger if the debtor did
not agree to or assign subrogation rights.

stranger in blood. (17c) 1. One not related by blood, such
as a relative by affinity. 2. Any person not within the
consideration ofnatural love and affection arising from
a relationship.
stratagem. (l5c) A trick or deception to obtain an advan
tage, esp. in a military conflict.
strategic alliance. (1983) A coalition formed by two or
more persons in the same or complementary businesses
to gain long-term financial, operational, or marketing
advantages without jeopardizing competitive indepen
dence <through their strategic alliance, the manufac
turer and distributor ofa co-developed product shared
development costs>. Cf. ALLIANCE (1); JOINT VENTURE;
PARTNERSHIP.
Strategic National Stockpile. A national repository of
medicines and healthcare supplies maintained jointly
by the U.S. Department ofHomeland Security and the
U.S. Department of Health and Human Services to
respond to public-health emergencies. -Created as the
National Pharmaceutical Stockpile in 1999, the agency
caches antibiotics, chemical antidotes, antitoxins, life
support medications, IV administration, airway main
tenance supplies, and medical supplies. -Abbr. SNS.
stratocracy (strd-tok-rd-see). A military government.
strator (stray-tdr). Hist. A surveyor ofthe highways.
straw bail. See bail common under BAIL (4).
straw bond. See BOND (2).
straw man. (1896) 1. A fictitious person, esp. one that is
weak or flawed. 2. A tenuous and exaggerated counter
argument that an advocate makes for the sole purpose
ofdisprOVing it. -Also termed straw-man argument.
3. A third party used in some transactions as a tempo
rary transferee to allow the principal parties to accom
plish something that is otherwise impermissible. 4.
A person hired to post a worthless bail bond for the
release ofan accused. Also termed stramineus homo.
Cf.DUMMY.
straw-man scam. Criminal law. A scheme in which an
innocent third person is hired to receive fraudulently
obtained money and wire it to a location outside the
country.
straw poll. A nonbinding vote, taken as a way ofinfor
mally gauging support or opposition but usu. without
a formal motion or debate.
stray remarks. Employment law. Statements to or about
an employee by a coworker or supervisor, concern
ing the employee's race, sex, age, national origin, or
other status, that are either objectively or subjectively
offenSive, but that do not represent harassment or
discrimination by the employer because of (1) their
sporadic, unsystematic, and unofficial nature, (2) the
circumstances in which theywere made, or (3) their not
showing any intention to hamper the employee's con
tinued employment. Also termed stray comments.
[Cases: Civil Rights C:~,1147, 1543.]
stream. Anything liquid that flows in a line or course;
esp., a current of water consisting of a bed, bank, and watercourse, usu. emptying into other bodies ofwater
but not losing its character even ifit breaks up or disap
pears. [Cases: Waters and Water Courses C=:38.]
private stream. A watercourse, the bed, channel, or
waters of which are exclusively owned by private
parties.
stream-of-commerce theory. (1942) 1. The principle that
a state may exercise personal jurisdiction over a defen
dant ifthe defendant places a product in the general
marketplace and the product causes injury or damage
in the forum state, as long as the defendant also takes
other acts to establish some connection with the forum
state, as by advertising there or by hiring someone to
serve as a sales agent there. Asahi Metal Indus. Co., Ltd.
v. Superior Court ofCal., 480 U.S. 102, 107 S.Ct. 1026
(1987). [Cases: Corporations C:=>665(1); Courts
12(2.25); Federal Courts C:=>76, 81.] 2. The principle
that a person who participates in placing a defective
product in the general marketplace is strictly liable for
harm caused by the product. Restatement (Second) of
Torts  402A (1979). [Cases: Products Liability C:=>
164.]
street. A road or public thoroughfare used for travel
in an urban area, including the pavement, shoulders,
gutters, curbs, and other areas within the street lines.
[Cases: Municipal Corporations <::=.)658.]
"Strictly speaking, a 'street' is a public thoroughfare in an
urban community such as a city, town, or village, and the
term is not ordinarily


street' is a public thoroughfare in an
urban community such as a city, town, or village, and the
term is not ordinarily applicable to roads and highways
outside of municipalities. Although a street, in common
parlance, is equivalent to a highway, it is usually specifically
denominated by its own proper appellation .... Whether a
particular highway is to be regarded as a 'street' within the
meaning of that term as used in a statute must, of course,
be resolved by construction." 39 Am. Jur. 2d Highways,
Streets, and Bridges  8, at 588-89 (1999).
paper street. A thoroughfare that appears on plats, sub
division maps, and other publicly filed documents,
but that has not been completed or opened for public
use. [Cases: Municipal Corporations C:=>646.]
street crime. See CRiME.
street gang. See GANG.
street name. A brokerage firm's name in which securities
owned by another are registered. - A security is held
by a broker in street name (at the customer's request)
to simplify trading because no signature on the stock
certificate is required. A street name may also be used
for securities purchased on margin. The word "street"
in this term is a reference to Wall Street.
street-name security. See nominee account under
ACCOUNT.
street sweep. Mergers & acquisitions. Slang. A bidder's
cancellation of a tender offer followed by the open
market purchase oflarge blocks of stock in the target
corporation.
street time. Criminal law. The period between a person's
release from prison on parole and a court's revocation
ofthat parole.

strepitus judicialis (strep-~-t~s joo-dish-ee-ay-lis), n.
[Law Latin] Hist. Disruptive behavior in court.
strict, adj. (15c) 1. Narrow; restricted <strict construc
tion>. 2. Rigid; exacting <strict statutory terms>. 3.
Severe <strict punishment>. 4. Absolute; requiring no
showing offault <strict liability>.
strict construction. See CONSTRUCTION.
strict constructionism. See CONSTRUCTIONISM.
strict constructionist. See CONSTRUCTIONIST.
strict foreclosure. See FORECLOSURE.
stricti juris (strik-tI joor-is). [Latin] 1. Ofstrict right of
law; according to the exact law, without extension or
enhancement in interpretation . This term was often
applied to servitudes because they are a restriction on
the free exercise ofproperty rights. 2. Roman law. (Of a
contract) required to be interpreted strictly on its terms,
regardless ofcircumstances. See BONA FIDES (2).
strict interpretation. See INTERPRETATION.
strictissimi juris (strik-tis-~-mI joor-is). [Latin] Of the
strictest right or law; to be interpreted in the strict
est manner. This term was usu. applied to certain
statutes, esp. those imposing penalties or restraining
natural liberties.
strict liability. See LIABILITY.
strict-liability crime. See CRIME.
strict-liability offense. See OFFENSE (1).
stricto jure (strik-toh joor-ee). [Latin] In strict law.
strict products liability. See PRODUCTS LIABILITY.
strict rule. See SPECIFIC-PURPOSE RULE.
strict scrutiny. (1941) Constitutional law. The standard
applied to suspect classifications (such as race) in equal
protection analysis and to fundamental rights (such as
voting rights) in due-process analysis . Under strict
scrutiny, the state must establish that it has a compel
ling interest that justifies and necessitates the law in
question. See COMPELLING-STATE-INTEREST TEST;
SUSPECT CLASSIFICATION; FUNDAMENTAL RIGHT. Cf.
INTERMEDIATE SCRUTINY; RATIONAL-BASIS TEST.
[Cases: Constitutional Law C::=3062,3901.]
strict settlement. See SETTLEMENT (1).
strict test. Evidence. The principle that disclosure of a
privileged document, even when inadvertent, results in
a waiver of the attorney-client privilege regarding the
document, unless all possible precautions were taken
to protect the document from disclosure. Cf. LENIENT
TEST; HYDRAFLOW TEST. [Cases; Privileged Commu
nications and Confidentiality
strictum jus (strik-t~m j<lS). See JUS STRICTUM.
strict underwriting. See standby underwriting under
UNDERWRITING.
strike, fl. (1810) 1. An organized cessation or slowdown
of work by employees to compel the employer to
meet the employees' demands; a concerted refusal by
employees to work for their employer, or to work at their customary rate ofspeed, until the employer grants
the concessions that they seek. Also termed walkout.
Cf. LOCKOUT; BOYCOTT; PICKETING. [Cases: Labor and
Employment
ca'canny strike. See slowdown strike.
economic strike. A strike resulting from an economic
dispute with the employer (such as a wage dispute); a
dispute for reasons other than unfair labor practices.
 An employer can permanently replace an economic
striker but cannot prevent the worker from coming
back to an unreplaced position simply because the
worker was on strike.
general strike. A strike organized to affect an entire
industry.
illegal strike. 1. A strike using unlawful procedures. 2.
A strike to obtain unlawful objectives, as in a strike
to force an employer to stop doing business with a
particular company.
jurisdictional strike. A strike resulting from a dispute
between members of different unions over work
assignments.
organizational strike. See recognition strike.
outlaw strike. See wildcat strike.
quickie strike. See wildcat strike.
recognition strike. A strike by workers seeking to force
their employer to acknowledge the union as their col
lective-bargaining agent.  After the National Labor
Relations Act was passed in 1935, recognition strikes
became unnecessary. Under the Act, the employer is
required to recognize an NLRB-certified union for
bargaining purposes. Also termed organizational
strike.
secondary strike. A strike against an employer because
that employer has business dealings with another
employer directly involved in a dispute with the
union. See secondary boycott under BOYCOTT; sec
ondary picketing under PICKETING.
sit-down strike. A strike in which employees occupy
the workplace but do not work. See SIT-IN.
slowdown strike. A strike in which the workers remain
on the job but work at a slower pace to reduce their
output. Also termed ca'canny strike.
sympathy strike. A strike by union members who have
no grievance against their own employer but who
want to show support for another union involved in
a labor dispute. [Cases: Labor and Employment
1385.]
whipsaw strike. A strike against some but not all
members ofa multiemployer association, called for
the purpose ofpressuring all the employees to negoti
ate a labor contract.  Employers whose workers are
not on strike have the right to lock out employees to
exert counterpressure on the union. [Cases: Labor
and Employment C=J 1385.]

wildcat strike. A strike not authorized by a union or
by a collective-bargaining agreement. Also termed
outlaw strike; quickie strike.
2. The removal of a prospective juror from the jury
panel <a peremptory strike>. See CHALLENGE (2).
[Cases: Jury (;::;>83-142.] 3. A failure or disadvantage,
as bv a criminal conviction <a strike on one's record>.
4. P~rliamentary law. A form of the motion to amend
by deleting one or more words. See amendment by
striking out under AMENDMENT (3).
sight strike. The elimination ofa veniremember based
solely on appearance. See peremptory challenge under
CHALLENGE (2).
strike, vb. (14c) 1. (Of an employee or union) to engage
in a strike <the flight attendants struck to protest the
reduction in benefits>. 2. To remove (a prospective
juror) from a jury panel by a peremptory challenge
or a challenge for cause <the prosecution struck the
panelist who indicated an opposition to the death
penalty>. See peremptory challenge under CHALLENGE
(2). [Cases: Jury (;:=:>83-142.] 3. To expunge, as from
a record <motion to strike the prejudicial evidence>.
[Cases: Federal Civil Procedure (;::;~201S.] 4. Parlia
mentary law. To amend by deleting one or more words.
See amendment by striking out under AMENDMENT
(3). -Also termed (in sense 4) strike out.
strikebreaker. See SCAB.
strike down. (1894) To invalidate (a statute); to declare
void.
strike fund. A union fund that provides benefits to its
members who are on strike, esp. for subsistence while
the members are not receiving wages.
strike off. 1. (Of a court) to order (a case) removed from
the docket. 2. (Of an auctioneer or sheriff) to announce,
usu. by the falling of the hammer, that an item of
personal or real property has been sold.
strike out. See STRIKE (4).
strike price. See PRICE.
strike suit. See SUIT.
strike zone. Slang. The period in jury selection in which
veniremembers are subject to being struck by peremp
tory challenge before the jury is seated. _ If a court
requires 12 jurors and allows each side 10 peremptory
strikes, the strike zone would be the first 32 venire
members.
striking a jury. (1859) The selecting of a jury out of all
the candidates available to serve on the jury; esp., the
selecting of a special jury. See struck jury, special jury
under JURY. [Cases: Jury C:)71.]
striking off the roll. See DISBARMENT.
striking price. See strike price under PRICE.
string of title. See CHAIN OF TITLE (1).
strip, n. (16c) 1. The act of separating and selling a bond's
coupons and corpus separately. 2. The act ofa tenant
who, holding less than the entire fee in land, spoils or unlawfully takes something from the land. [Cases:
Landlord and Tenant (;:=:>55(2).]
STRIP (strip). abbr. SEPARATE TRADING OF REGISTERED
INTEREST AND PRINCIPAL OF SECURITIES.
stripped mortgage-backed security. See SECURITY.
stripper well. See WELL,
strip search. See SEARCH.
strong-arm clause. See CLAUSE.
strongly corroborated. (lSc) (Of testimony) supported
from independent facts and circumstances that are
powerful, satisfactory, and clear to the court and jury.
strong mark. See strong trademark under TRADE
MARK.
strong market. See bull market under MARKET.
strong trademark. See TRADEMARK.
struck jury. See JURY.
struck off. 1. Removed from an active docket, usu.
because ofa want ofprosecution or jurisdiction. [Cases:
Trial G'-::>14.2. BrE. Removed from the register ofquali
fied persons and, in the case ofa professional, forbidden
to practice. [Cases: Attorney and Client G~38, 39.]
structural alteration. See ALTERATION (1).
structural takeover defense. See TAKEOVER DEFENSE.
structural unemployment. See UNEMPLOYMENT.
structure. (15c) 1. Any construction, production, or piece
ofwork artificially built up or composed ofparts pur
posefully joined together <a building is a structure>.
2. The organization of elements or parts <the corpo
rate structure>. 3. A method of constructing parts <the
loan's payment structure was a financial burden>.
structured security. See SECURITY.
structured settlement. See SETTLEMENT (2).
student-benefit theory. A principle that allows state
funds to be provided to private-school pupils if the
allotment can be justified as benefiting the child. -The
Supreme Court upheld a Louisiana law that allowed
the purchase of textbooks for all children throughout
the state even those in private schools -under this
theory. Cochran v, Louisiana State Bd. ofEduc., 281 U.S.
370,50 S.Ct. 335 (1930). Also termed child-benefit
theory. [Cases: Schools ~'-::;,3.]
study furlough. See study release under RELEASE.
study release. See RELEASE.
stuff gown. 1. The professional robe worn by barristers
ofthe outer bar who have not been appointed Queen's
Counsel. 2. A junior barrister. Cf. SILK GOWN.
stultify, vb. (18c) 1. To make (something or someone)
appear stupid or foolish <he stultified opposing coun
sel's argument>. 2. To testify about one's own lack of
mental capacity. 3. To contradict oneself, as by denying
what one has already alleged.
stultiloquium (st'll-ti-loh-kwee-<lm). [fr. Latin stultus
"foolish" + loqui "to speak"] Hist. A frivolous pleading

1560 stumpage
punishable by fine. _ This may have been the origin of
the beaupleader. See BEAUPLEADER.
stumpage (stamp-ij). (1835) 1. The timber standing on
land. 2. The value of the standing timber. 3. A license
to cut the timber. [Cases: Logs and Logging 4.
The fee paid for the right to cut the timber. [Cases: Logs
and Logging ~1-4.]
stuprum (st[y]oo-prilm), n. [Latin] Roman & civil law.
Disgrace by unchastity; a man's illegal sexual