than one prin
cipally engages in or sells. 3. Mining law. The boundary
lines of a mining claim not crossing the vein running
on each side of it. -Also written sidelines. Cf. END
LINES. [Cases: Mines and Minerals (;::> 18.J
sidenote. See MARGINAL NOTE.
s; deprehendatur (SI dep-ri-hen-day-t<lr). [LatinI Hist.
If captured.
side reports. (1943) 1. Unofficial volumes of case reports.
2. Collections of cases omitted from the official
reports.
sidesman. Eccles. law. A church officer who Originally
reported to the bishop on clerical and congregational
misdeeds, including heretical acts, and later became
a standing officer whose duties gradually devolved by
custom on the churchwarden. -Also termed synods
man; questman.
si deventum sit ad actum maleficio proximum (S1 di-ven
t"m sit ad ak-t<lm mal-<l-fish-ee-oh prok-s<l-m;)m).
[Law Latin] Hist. If it approaches an act bordering on
crime. The phrase described the determination of a
criminal attempt.
Sierra-Mobile doctrine. See MOBILE-SIERRA DOC
TRINE.
si fecerit te securum (SI fes-<lr-it tee si-kyoor-<lm). [Law
Latin] Hist. Ifhe has made you secure . These were the
initial words of a writ ordering the sheriff, upon receipt
of security from the plaintiff, to compel the defendant's
appearance in court. Also spelled (erroneously) se
te fecerit securum.
Sight. (1810) A drawee's acceptance of a draft <payable
after Sight> . The term after Sight means "after accep
tance."
sight draft. See DRAFT.
sight strike. See STRIKE (2). sigH (sij-;)I), n. A seal or an abbreviated Signature used as
a seal; esp., a seal formerly used by civil-law notaries.
sigillum (si-jil-"m), n. [Latin] A seal, esp. one impressed
on wax.
sigla (sig-l,,), n. pI. [Latin] Abbreviations and signs used
in writing, esp. by the Glossators.
sign, vb. (I5c) 1. To identify (a record) by means of a
signature, mark, or other symbol with the intent to
authenticate it as an act or agreement of the person
identifying it <both parties signed the contract>. 2. To
agree with or join <the commissioner signed on for a
four-year term>.
signal. (1949) 1. A means of communication, esp.
between vessels at sea or between a vessel and the shore.
 The international code of signals assigns arbitrary
meanings to different arrangements of flags or light
displays. [Cases: Collision ~~75-79, 81, 98,100(2).]
2. In the citation oflegal authority, an abbreviation or
notation supplied to indicate some basic fact about the
authority. For example, according to the Bluebook,
the signal See means that the cited authority plainly
supports the proposition, while Cf means that the cited
authority supports a proposition analogous to (but in
some way different from) the main proposition. For
these and other signals, see The Bluebook: A Uniform
System ofCitation  1.2, at 22-24 (17th cd. 2000).
Also termed (in sense 2) citation signal.
signatorius anulus (sig-n<l-tor-ee-<ls an-Y<l-I"s). [Latin]
Roman law. A signet ring.
signatory (sig-n,,-tor-ee), n. (1866) A person or entity
that signs a document, personally or through an agent,
and thereby becomes a party to an agreement <eight
countries are signatories to the treaty>. -signatory,
signatory authority. 1. License to make a decision, esp.
to withdraw money from an account or to transfer a
negotiable instrument. 2. Patents. In the U.S. Patent
and Trademark Office, the power of an examiner to
approve an office action. [Cases: Patents (;::>104.]
signature. (16c) 1. A person's name or mark written by
that person or at the person's direction. -Also termed
sign manual. [Cases: SignaturesG'"::>I-5.] 2. Commercial
law. Any name, mark, or writing used with the inten
tion of authenticating a document. uec  1-201(37),
3-401(b). Also termed legal signature. [Cases: Bills
and Notes Contracts G'"::>35; Sales C=~29.]
"The signature to a memorandum may be any symbol
made or adopted with an intention, actual or apparent, to
authenticate the writing as that of the signer." Restatement
(Second) of Contracts  134 (1979).
digital signature. (1978) A secure, digital code attached
to an electronically transmitted message that uniquely
identifies and authenticates the sender.  A digital
signature consists of a "hashed" number combined
with a number assigned to a document (a private
encryption key), Generating a signature requires the
use of private-and public-key-encryption software,
and is often activated by a simple command or act,

1508 signature card
such as clicking on a "place order" icon on a retailer's
website. Digital signatures are esp. important for elec
tronic commerce and are a key component of many
electronic message-authentication schemes. Several
states have passed legislation recognizing the legality
ofdigital signatures. See E-COMMERCE; KEY ENCRYP
TION. [Cases; Signatures 2.]
electronic signature. An electronic symbol, sound, or
process that is either attached to or logically associ
ated with a document (such as a contract or other
record) and executed or adopted by a person with the
intent to sign the document . Types of electronic sig
natures include a typed name at the end of an email, a
digital image of a handwritten signature, and the click
of an "I accept" button on an e-commerce site. The
term electronic signature does not suggest or require
the use ofencryption, authentication, or identification
measures. A document's integrity (unaltered content),
authenticity (sender's identity), and confidentiality
(of the signer's identity or document's contents) are
not ensured merely because an electronic signature is
proVided for. [Cases: Signatures
facsimile signature. (1892) 1. A signature that has been
prepared and reproduced by mechanical or photo
graphic means. 2. A signature on a document that has
been transmitted by a facsimile machine. See f'AX.
private signature. Civil law. A signature made on a
document (such as a will) that has not been witnessed
or notarizeq. [Cases: Wills
unauthorized signature. (1859) A signature made
without actual, implied, or apparent authority . It
includes a forgery. UCC  1-201(43). [Cases: Banks
and Banking C~147; Bills and Notes (::::>54, 279.]
signature card. (1902) A financial-institution record
consisting ofa customer's signature and other infor
mation that assists the institution in monitoring finan
cial transactions, as by comparing the signature on the
record with signatures on checks, withdrawal slips, and
other documents. [Cases: Banks and Banking (::::> 133,
151.]
signature crime. See CRIME.
signature evidence. See EVIDENCE.
signature loan. See LOAN.
signed, sealed, and delivered. (l7c) In a certificate of
acknowledgment, a statement that the instrument was
executed by the person acknowledging it. -Often
shortened to sealed and delivered. [Cases: Acknowl
edgment (::::>29.]
signed writing. See WRITING.
signet. 1. Civil law. An elaborate hand-drawn symbol
(usu. incorporating a cross and the notary's initials)
formerly placed at the base of notarial instruments,
later replaced by a seal. 2. Scots law. A seal used to
authenticate summonses in civil matters before the
Court of Session . Originally, this was the monarch's
personal seal. Cf. WRITER TO THE SIGNET. significant-connection jurisdiction. See JURISDIC
TION.
significant-connection/substantial-evidence juris
diction. See significant-connection jurisdiction under
JURISDICTION.
significant-relationship theory. See CENTER-OF-GRAV
ITY DOCTRINE.
significavit (sig-ni-fi-kay-vit), n. [Latin "he has signi
fied"] Eccles. law. 1. A bishop's certificate that a person
has been in a state ofexcommunication for more than
40 days. 2. A notice to the Crown in chancery, based
on the bishop's certificate, whereby a writ de contumace
capiendo (or, earlier, a writ de excommunicato capiendo)
would issue for the disobedient person's arrest and
imprisonment. See DE CONTUMACE CAPIENDO.
sign manual. 1. See SIGNATURE (1). 2. A symbol or
emblem, such as a trademark, representing words or
an idea,
signum (sig-n<lm), n. [Latin] Roman law. 1. A sign; a
seal.
"Signum. (On written documents.) A seal (a stamp) put on to
close a document in order to make its contents inaccessible
to unauthorized persons and protect against forgery. or
at the end of it after the written text. In the latter case the
seal (without or with a signature) indicated that the sealer
recognized the written declaration as his . . Signum is
also the seal of a witness who was present at the making
of a document," Adolf Berger, Encyclopedic Dictionary of
Roman Law 707 (1953).
2. An indication of something seen or otherwise per
ceived by the senses, such as a bloodstain on a murder
suspect. Pi. signa.
si institutus sine Uberis decesserit (SI in-stH[y]oo-tds
sl-nee lib-<lr-is di-ses-<lr-it). [Latin] Hist. If the insti
tuted heir should die without issue. See SUBSTITU
TION.
si ita est (SI Hi) est). [Latin] Ifit be so. This phrase was
formerly used in a mandamus writ to order a judge
to affix a seal to a bill of exceptions, if the facts were
accurately stated.
silence, n. (Be) 1. A restraint from speaking,  In
criminal law, silence includes an arrestee's statements
expressing the desire not to speak and requesting an
attorney. 2. A failure to reveal something required
by law to be revealed. See estoppel by silence under
ESTOPPEL. silent, adj.
silent confirmation. See CONFIRMATION.
silentiary (sl-1en-shee-air-ee), n. 1. Roman law. An
official who maintains order in the imperial palace
and on the imperial council; a chamberlain. 2. Hist.
An officer who is sworn to silence about state secrets;
esp., a privy councillor so sworn. 3. Hist. A court usher
who maintains order and esp. silence in the court.
Also termed silentiarius.
silent partner. See PARTNER.
silent record. See RECORD.
silent-witness theory. (1973) Evidence. A method of
authenticating and admitting evidence (such as a

1509
photograph), without the need for a witness to verify
its authenticity, upon a sufficient showing of the reli
ability of the process of producing the evidence, includ
ing proofthat the evidence has not been altered. [Cases:
Criminal Law 444: Evidence C':::'359, 380.]
silk gown. 1. The professional robe worn by a Queen's
Counsel. 2. One who is a Queen's Counsel. -Often
shortened (in sense 2) to silk. Cf. STUFF GOWN.
silver certificate. Hist. A banknote issued by the United
States Treasury from 1878 to 1963 and redeemable in
silver. -The notes represented that a certain amount of
silver was on deposit with the government and would
be paid to the bearer on demand. Originally, these notes
were not legal tender and could be used only to pay
taxes and other public obligations. In 1967, Congress
abolished redemption in silver after June 1968. Silver
certificates now have the same status as Federal Reserve
notes, which are not redeemable for precious metal. Cf.
FEDERAL RESERVE NOTE; GOLD CERTIFICATE.
silver parachute. See TIN PARACHt:TE.
silver-platter doctrine. (1958) Criminal procedure. The
principle that a federal court could admit evidence
obtained illegally by a state police officer as long as
a federal officer did not participate in or request the
search. _ The Supreme Court rejected this doctrine
in Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437
(1960). [Cases: Criminal Law(;::;'394.2.]
si malitia suppleat aetatem (SI m<'l-lish-ee-<'l silp-lee-at
ee-tay-tam). [Latin] Hist. Ifmalice should supply the
want of age.
similar happenings. Evidence. Events that occur at a
time different from the time in dispute and are there
fore usu. inadmissible except to the extent that they
provide relevant information on issues that would be
fairly constant, such as the control of and conditions
on land on the day in question. [Cases: Criminal Law
~369-374; Evidence (;:::, 129-142.]
similarity. Intellectual property. The resemblance of
one trademark or copyrighted work to another.
How closely a trademark must resemble another to
amount to infringement depends on the nature of the
product and how much care the typical buyer would be
expected to take in making the selection in that par
ticular market. It is a question of overall


how much care the typical buyer would be
expected to take in making the selection in that par
ticular market. It is a question of overall impression
rather than an element-by-element comparison of the
two marks. -Also termed imitation; colorable imita
tion. Cf. SUBSTANTIAL SIMILARITY. [Cases: Trademarks
(;:::;:; 1095.]
"It is the buyer who uses ordinary caution in making his
purchase, who is buying with the care usually exercised in
such transactions, who must be deceived by this similarity.
He who buys a box of candy does not use as much care as
he who buys a watch. He who buys a handkerchief does
not usually examine the goods offered him as carefully as
he who buys a suit of clothes." Harry D. Nims, The Law of
Unfair Competition and Trade-Marks 836 (1929).
comprehensive nonliteral similarity. Copyright. Sim
ilarity evidenced by the copying of the protected
work's general ideas or structure (such as a movie's simple assault
plot) without using the precise words or phrases of the
work. -Also termed pattern similarity.
fragmented literal similarity. Copyright. Similarity
evidenced by the copying of verbatim portions of
the protected work.
substantial similarity. Copyright. A strong resemblance
between a copyrighted work and an alleged infringe
ment, thereby creating an inference ofunauthorized
copying. -The standard for substantial similarity
is whether an ordinary person would conclude that
the alleged infringement has appropriated nontrivial
amounts of the copyrighted work's expressions.
Also termed probative similarity. See derivative work
under WORK (2). [Cases: Copyrights and Intellectual
Property ~53(1).J
similar sales. See SALE.
similiter (si-mil-i-tar). [Latin "similarly"] Common-law
pleading. A party's written acceptance of an opponent's
issue or argument; a set form of words by which a party
accepts or joins in an issue of fact tendered by the other
side. See jOinder ofissue (2) under JOINDER. [Cases:
Pleading C~100, 186.]
si minor se majorem dixerit (Sf mI-n;)r see m;)-jor-am
dik-s<'lr-it). [Latin] Hist. Ifthe minor has said that he
is major. -The phrase refers to a defense that might
be raised in a suit for a minor's claim for restitution
for minority.
simony (sim-a-nee or SI-m;)-nee), n. [fro Latin simonia
"payment for things spiritual," fro the proper name
Simon Magus (see below)] Hist. Eccles. law. The
unlawful practice ofgiving or receiving money or gifts
in exchange for spiritual promotion; esp., the unlawful
buying or selling of a benefice or the right to present
clergy to a vacant benefice.
"By simony, the right of presentation to a living is forfeited,
and vested pro hac vice in the crown. Simony is the corrupt
presentation of anyone to an ecclesiastical benefice for
money, gift, or reward. It is so called from the resemblance
it is said to bear to the sin of Simon Magus, though the
purchasing of holy orders seems to approach nearer to
his offence. It was by the canon law a very grievous crime:
and is so much the more odiOUS, because, as sir Edward
Coke observes, it is ever accompanied with perjury; for
the presentee is sworn to have committed no simony." 2
William BlaCkstone, Commentaries on the Laws ofEngiand
278 (1766).
"Simony is an offence which consists in the buying and
seiling of holy orders, and any bond or contract involving
simony is illegal and void." John Indermaur, Principles of
the Common Law 195 (Edmund H. Bennett ed., 1st Am.
ed.1878).
simple, adj. (16c) 1. (Of a crime) not accompanied by
aggravating circumstances. Cf. AGGRAVATED (1). [Cases:
Criminal Law (:~28.] 2. (Of an estate or fee) heritable
by the owner's heirs with no conditions concerning
tail. [Cases: Descent and Distribution 11; Estates
in Property (;::::>5; Wills (;::)596.]3. (Of a contract) not
made under seal. [Cases: Contracts ~~36.]
simple agreement. See AGREEMENT.
simple assault. 1. See ASSAULT (1). 2. See ASSAULT (2).

simple average. See particular average under AVERAGE.
simple battery. See BATTERY.
simple blockade. See BLOCKADE.
simple bond. See BOND (2).
simple contract. 1. See informal contract (1) under CON
TRACT. 2. See parol contract (2) under CONTRACT.
simple-contract debt. See DEBT.
simple interest. See INTEREST (3).
simple kidnapping. See KIDNAPPING.
simple larceny. See LARCENY.
simple listing. See open listing under LISTING (1).
simple majority. See MAJORITY.
simple mortgage clause. See open mortgage clause under
MORTGAGE CLAUSE.
simple negligence. See inadvertent negligence under
NEGLIGENCE.
simple obligation. See OBLIGATION.
SIMPLE plan. See EMPLOYEE BENEFIT PLAN.
simple reduction. Scots law. A court's temporary ruling
that a document is of no effect until it is produced in
court.
simple resolution. See RESOLUTION (1).
simple robbery. See ROBBERY.
simple state. See unitary state under STATE.
simple-tool rule. The principle that an employer has no
duty to warn its employees ofdangers that are obvious
to everyone involved, and has no duty to inspect a tool
that is within the exclusive control ofan employee when
that employee is fully acquainted with the tool's con
dition.
simple trust. 1. See mandatory trust under TRUST. 2. See
passive trust under TRUST.
simplex (sim-pleks), adj. [Latin] Simple; pure; uncon
ditional.
simplex dictum. See DICTUM.
simplex passagium (sim-pleks p;J-say-jee-;Jm). [Law
Latin] Hist. Simple passage (to the holy land alone) .
This type ofpilgrimage served as an excuse for absence
from court during the Crusades. -Also termed simplex
peregrinatio. Cf. IN GENERALI PASSAGIO.
simpliciter (sim-plis-i-t;Jr), adv. [Latin] (16c) 1. In a
simple or summary manner; simply. 2. Absolutely;
unconditionally; per se.
simplified employee pension plan. See EMPLOYEE
BENEFIT PLAN.
simplum (sim-pl;Jm), n. [Latin] Roman law. The single
value of something. Cf. DUPLUM.
simulated contract. See CONTRACT.
simulated fact. See FACT.
simulated judgment. See JUDGMENT.
simulated sale. See SALE. simulated transaction. See simulated sale under SALE.
simulatio latens (sim-y;J-Iay-shee-oh lay-tenz). [Latin
"hidden pretence"] Hist. Feigned enhancement of
illness, as when symptoms are present but not nearly
as severe as is pretended.
simulation. 1. An assumption of an appearance that is
feigned, false, or deceptive. 2. Civil law. A feigned, pre
tended act, usu. to mislead or deceive. 3. See simulated
contract under CONTRACT.
simul cum (sl-m;JI bm). [Latin] Together with. This
phrase was formerly used in an indictment or other
instrument to indicate that a defendant had committed
an injury jointly with others unknown.
simul et semel (sl-m;JI et sem-<:ll). [Latin] Together at one
time.
simultaneous death. See DEATH.
simultaneous-death act. See UNIFORM SIMULTANEOUS
DEATH ACT.
simultaneous-death clause. (1953) A testamentary pro
vision mandating that if the testator and beneficiary
die in a common disaster, or the order of their deaths
is otherwise unascertainable, the testator is presumed
to have survived the beneficiary . Ifthe beneficiary is
the testator's spouse, an express exception is often made
so that the spouse with the smaller estate is presumed
to have survived. See simultaneous death under DEATH.
Cf. SURVIVAL CLAUSE.
simultaneous polygamy. See POLYGAMY (1).
sine (sl-nee or sin-ay), prep. [Latin] Without.
sine animo remanendi (sl-nee an-;J-moh rem-<:l-nen-dr).
[Law Latin] Hist. Without the intention of remaining.
sine animo revertendi (sl-nee an-;J-moh ree-v;Jr-ten-dr).
[Latin] Without the intention ofreturning. See animus
revertendi under ANIMUS.
sine assensu capituli (sl-nee ;J-sen-s[y]oo b-pich-[y]
;J-II), n. [Law Latin "without the consent ofthe chapter"]
Hist. A writ for a successor to recover land that the
former bishop, abbot, or prior had alienated without
the chapter's permission.
sine consideratione curiae (sl-nee bn-sid-;J-ray-shee
oh-nee kyoor-ee-I). [Law Latin] Without the judgment
of the court.
sine cura et cu!tura (sl-nee kyoor-;J et k;Jl-t[y]oor-;J).
[Latin] Hist. Without care and culture . Natural fruits
fitting this description automatically passed to the pur
chaser of property. But industrial fruits that had to be
cultivated required a special conveyance.
sinecure (sl-n;J-kyoor or sin-;J-kyoor). [fr. Latin sine
cura "without duties"] Hist. A post without any duties
attached; an office for which the holder receives a salary
but has no responsibilities. -sinecural (sl-m-kyoor-;JI
or sI-n;J-kyoor-;JI), adj.
sine decreto (sl-nee di-kree-toh). [Latin] Without a
judge's authority.

1511 single-premium deferred annuity
sine die (SI-nee dl-ee or dl-or sin-ay dee-ay). [Latin i state court to federal court is 30 days from the day
"without day") (17c) With no day being assigned (as
for resumption of a meeting or hearing). See adjourn
sine die under ADJOURN (2); GO HENCE WITHOUT DAY.
[Cases: Courts (;=::'76; States 032.)
sine frau de (sl-nee fraw-dee). [Latin) Hist. Without
fraud.
sine hoc quod (sl-nee hok kwod). [Law Latin] Without
this, that. See ABSQUE HOC.
sine numero (sl-nee n[y]oo-mar-oh). [Law Latin "without
number"] Countless; without limit.
sine pacta (sl-nee pak-toh). [Latin) Hist. Without an
agreement.
sine prole (sl-nee proh-lee). [Latin] Without issue. -This
phrase was used primarily in genealogical tables. -
Abbr. s.p.
sine qua non (sl-nee kway non or sin-ay kwah nohn),
n. [Latin "without which not") (17c) An indispensable
condition or thing; something on which something else
necessarily depends. -Also termed conditio sine qua
non. [Cases: Negligence (~'379.]
sine quibus funus honeste dud non potest (sl-nee
kwib-ds fyoo-nds [h],,-nes-tee d[Y]OO-SI non poh-test).
[Latin] Scots law. Without which the funeral cannot be
decently conducted. _ 1he phrase appeared in reference
to funeral expenses that could be deducted against the
decedent's estate.
sine vi aut dolo (sl-nee VI awt doh-Ioh). [Latin] Hist.
Without force or fraud.
single, adj. 1. Unmarried <Single tax status>. 2. Consist
ing ofone alone; individual <Single condition> <single
beneficiary>.
single-act statute. See LONG-ARM STATUTE.
single adultery. See ADULTERY.
single-asset real estate. Bankruptcy. A single piece ofreal
property (apart from residential property with fewer
than four residential units) that a debtor operates for
business purposes, that provides the debtor with sub
stantially all his or her gross income, and that carries
aggregate, liquidated, noncontingent secured debts of
$4 million or less. 11 USCA  101(51B). [Cases: Bank
ruptcy02021.1.]
single bill. See bill Single under BILL (7).
single bond. See bill obligatory under BILL (7).
single combat. See DUEL (2).
single condition. See CONDITION (2).
Single-controversy doctrine. See ENTIRE-CONTROVERSY
DOCTRINE.
single-country fund. See MUTUAL FUND.
single creditor. See CREDITOR.
single-criminal-intent doctrine. See SINGLE-tARCENY
DOCTRINE.
single-date-of-removal doctrine. Civil procedure. The
principle that the deadline for removing a case from that any defendant receives a copy of the state-court
pleading on which the removal is based. -If a later
served defendant seeks to remove a case to federal court
more than 30 days after the day any other defendant
received the pleading, the removal is untimely even if
effectuated within 30 days after the removing defen
dant received the pleading. One theory underlying
this doctrine is that all defendants must consent to
remove a case to federal court, and a defendant who
has waited longer than 30 days to remove does not have
the capacity to consent to removal. 2


, and a defendant who
has waited longer than 30 days to remove does not have
the capacity to consent to removal. 28 USCA  1446(b).
See NOTICE OF REMOVAL ICases: Removal ofCases (,~
79(1).]
single demise. See DEMISE.
single-element means claim. See single-means claim
under PATENT CtAIM.
Single-entry bookkeeping. See BOOKKEEPING.
single-filing rule. Civil-rights law. The principle that an
administrative charge filed by one plaintiff in a civil
rights suit (esp. a Title VII suit) will satisfy the admin
istrative-filing requirements for all coplaintiffs who are
making claims for the same act ofdiscrimination. -But
this rule will not usu. protect a coplaintiff's claims ifthe
coplaintiff also filed an administrative charge, against
the same employer, in which different discriminatory
acts were complained of, because the administrative
agency (usu. the EEOC) and the employer are entitled
to rely on the allegations someone makes in an admin
istrative charge. [Cases: Civil Rights C=1517.]
single-impulse plan. See SINGLE-LARCENY DOCTRINE.
single-juror instruction. See lURY INSTRUCTION.
single-larceny doctrine. (1969) Criminal law. The prin
ciple that the taking of different items of property
belonging to either the same or different owners at the
same time and place constitutes one act oflarceny ifthe
theft is part ofone larcenous plan, as when it involves
essentially one continuous act or if control over the
property is exercised Simultaneously. -The thief's
intent determines the number ofoccurrences. Also
termed single-impulse plan; single-larceny rule; single
criminal-intent doctrine. [Cases: Larceny (;=:) 1.]
single-means claim. See PATENT CtAIM.
single-name paper. A negotiable instrument signed by
only one maker and not backed by a surety.
single obligation. See OBUGATJON.
single ordeal. See ORDEAL.
single original. (1815) An instrument executed singly,
not in duplicate.
single-paragraph form. Patents. A style ofwriting patent
claims that uses a colon after the introductory phrase
and a semicolon between each element. Cf. COLON
SEMICOLON FORM; OUTLINE FORM; SUBPARAGRAPH
FORM.
single-premium deferred annuity. See ANNUITY.

1512 single-premium insurance
single-premium insurance. See single-premium life
insurance under LIFE INSURANCE.
single-premium life insurance. See LIFE INSURANCE.
single-publication rule. The doctrine that a plaintiff in a
libel suit against a publisher has only one claim for each
mass publication, not a claim for every book or issue in
that run. [Cases: Libel and Slander ~26.]
single-purpose project. A facility that is designed, built,
and used for one reason only, such as to generate elec
tricity . This term most often refers to large, complex,
expensive projects such as power plants, chemical-pro
cessing plants, mines, and toll roads. Projects of this
type are often funded through project financing, in
which a special-purpose entity is established to perform
no function other than to develop, own, and operate
the facility, the idea being to limit the number of the
entity's creditors and thus provide protection for the
project's lenders. See project financing under FINANC
ING; SPECIAL-PURPOSE ENTITY; BANKRUPTCY-REMOTE
ENTITY.
single-recovery rule. See ONE-SATISFACTION RULE.
single-registration rule. Copyright. The U.S. Copyright
Office doctrine that permits only one registration for
each original work. Exceptions to the rule are rou
tinely made for unpublished works that are later pub
lished. Generally, revised works cannot be registered
a second time if the revisions are not substantial, but
the creator may be allowed to file a supplemental reg
istration. [Cases: Copyrights and Intellectual Property
~50.16.]
single-source requirement. Under the common-law
tort offalse advertising, the necessity to show that the
plaintiff is the only supplier of the genuine goods in
question and that buyers would have bought the plain
tiff's goods ifthe true nature ofthe defendant's goods
had been known. Ely-Norris Safe Co. v. Mosler Safe Co.,
7 F.2d 603 (2d Cir. 1925) . This is a narrow exception
to the common-law rule that the tort offalse advertis
ing applies only in instances ofpassing off, trade defa
mation, or trade disparagement. [Cases: Antitrust and
Trade Regulation ~19.]
singles' penalty. See MARRIAGE BONUS.
single transferable vote. See VOTE (1).
singular, adj. 1. Individual; each <all and singular>.
2. Civil law. Of or relating to separate interests in
property, rather than the estate as a whole <singular
succession>.
singular successor. See SUCCESSOR.
singular title. See TITLE (2).
singuli in solidum (sing-gYd-h in sol-d-ddm). [Latin]
Hist. Each for the whole.
"Where there are several co-obligants in one obligation,
each bound in full performance, they are said to be liable
singuli in solidum; and where each is liable only for his own
proportion of the debt, they are said to be liable pro rata."
John Trayner, Trayner's Latin Maxims 580 (4th ed. 1894).
sinking fund. See FUND (1). sinking-fund bond. See BOND (3).
sinking-fund debenture. See DEBENTURE.
sinking-fund depreciation method. See DEPRECIATION
METHOD.
sinking-fund reserve. See RESERVE.
sinking-fund tax. See TAX.
si non jure seminis, saltem jure soli (SI non joor-ee sem
i-nis, sal-tern joor-ee soh-h). [Law Latin] Hist. Ifnot by
right of seed, at least by right of soil.
si non omnes (SI non om-neez). [Latin "if not all"] Hist.
A writ allowing two or more judges to proceed in a
case ifthe whole commission cannot be present on the
assigned day.
sin tax. See TAX.
SIPA (see-Pd). abbr. SECURITIES INVESTOR PROTECTION
ACT.
si parcere ei sine suo periculo non potest (Sl pahr-sdr-ee
ee-I sl-nee s[y]oo-oh pd-rik-Yd-Ioh non poh-test).
[Latin] Roman law. Ifhe could not spare him except at
his own peril.  This phrase defined the circumstances
in which a defendant could plead self-defense.
si paret (Sl par-et). [Latin] If it appears . In Roman
law, this phrase was part of the praetor's formula by
which judges were appointed and told how they were
to decide.
SIPC. abbr. SECURITIES INVESTOR PROTECTION CORPO
RATION.
si petatur tantum (Sl pi-tay-tdr tan-tdm). [Law Latin]
Hist. Ifasked only.
"In blench holdings, where the return for the lands is gener
ally elusory, that return is for the most part due and payable
si petatur tantum; and this clause, by universal practice,
has been interpreted to mean, if asked only within the
year (si petatur intra annum). If the duty is not demanded
within the year, the vassal is not liable for it." John Trayner,
Trayner's Latin Maxims 575 (4th ed. 1894).
si prius (Sl prhls). [Law Latin] Ifbefore . This phrase is
used in a writ summoning a jury.
si quis (Sl kwis). [Latin] Roman law. If anyone . This
term was used in praetorian edicts. In England, it was
also mentioned in notices posted in parish churches
requesting anyone who knows ofjust cause why a can
didate for holy orders should not be ordained to inform
the bishop.
SIR. abbr. 1. SELF-INSURED RETENTION. 2. STATUTORY
INVENTION REGISTRATION.
si recognoscat (Sl rek-dg-nos-kat). [Latin "ifhe acknowl
edges"] Hist. A writ allowing a creditor to obtain money
counted -that is, a specific sum that the debtor had
acknowledged in county court to be owed.
si sine liberis decesserit (Sl sl-nee lib-dr-is di-ses-dr-it).
[Latin] Hist. Ifhe shall have died without children.
si sit admodum grave (Sl sit ad-moh-ddm gray-vee).
[Latin] Hist. Ifit be very heinous.
si sit incompos mentis, fatuus, et naturaliter idiota (Sl
sit in-kom-pds men-tis, fach-oo-ds et nach-d-ray-li-tdr

1513 678 trust
id-ee-oh-t<7l). [Law Latin] Scots law. Ifhe is of unsound
mind, fatuous, and naturally an idiot. _ The phrase
appeared in reference to an inquiry that was posed to a
jury required to make an idiocy determination.
si sit legitimae aetatis (SI sit h-jit-d-mee ee-tay-tis).
[Latin] Hist. Ifhe (or she) is oflawful age.
sist (sist), n. Scots law. An order staying or suspending
legal proceedings. -Also termed supersedere.
sist, vb. Scots law.!. To bring into court; to summon. 2.
To stay (a judicial proceeding, etc.), esp. by court order.
3. To intervene in legal proceedings as an interested
third party, e.g., a trustee.
sister. (bef. l2c) A female who has one parent or both
parents in common with another person.
consanguine sister (kahn-sang-gwin or k<7ln-san-gwin).
Civil law. A sister who has the same father, but a dif
ferent mother.
halfsister. A sister who has the same father or the same
mother, but not both.
sister-german. A full sister; the daughter of both of
one's parents. See GERMAN.
stepsister. (lSc) The daughter ofone's stepparent.
uterine sister (yoo-t<7lr-in). Civil law. A sister who has
the same mother, but a different father.
sister corporation. See CORPORATION.
sisterhood. See GIFTING CLUB.
sister-in-law. (15c) The sister ofone's spouse or the wife
of one's brother. -The wife ofone's spouse's brother is
also sometimes considered a sister-in-law. PI. sisters
in-law.
sistership exclusion. See EXCLUSION (3).
sistren, n. Sisters, esp. those considered spiritual kin
(such as female colleagues on a court). Cf. BRETHREN.
sit, vb. (l4c) L (Of a judge) to occupy a judicial seat <Judge
\Vilson sits on the trial court for the Eastern District
of Arkansas>. 2. (Of a judge) to hold court or perform
offIcial functions <is the judge sitting this week?>. 3.
(Of a court or legislative body) to hold proceedings <the
U.S. Supreme Court sits from October to June>.
sit-and-squirm test. A judicial doctrine, used esp. by
administrative-law judges in disability-claim cases,
whereby a court subjectively determines a set of traits
that it expects the claimant to exhibit and denies relief if
the claimant fails to exhibit those traits. -The doctrine
is adhered to only in some federal circuits and has been
expressly rejected in others. Generally, an administra
tive-law judge may observe a claimant's demeanor in
evaluating the credibility of the complaint. Yet it is
error for the judge to base a judgment solely on personal
observation and not on the record as a whole.
sit-down strike. See STRIKE.
site. 1. A place or location; esp., a piece of property set
aside for a specific use. 2. SCITE.
site assessment. See transactional audit under AUDIT. site license. See LICENSE.
site plan. (1937) An illustrated proposal for the develop
ment or use ofa particular piece ofreal property. -The
illustration is usu. a map or sketch ofhow the property
will appear if the proposal is accepted. Some zoning
ordinances require a developer to present a site plan to
the city council and to receive council approval before
certain projects may be completed. [Cases: Zoning and
Planning ~245, 372.1.]
sit-in, n. An organized, passive demonstration in which
participants usu. sit (or lie) down and refuse to leave a
place as a means ofprotesting against policies or activi
ties. Sit-ins originated as a communal act ofprotest
ing racial segregation. People who were discriminated
against would sit in places that were prohibited to them
and refuse to leave. Later the term came to reter to any
group protest, as with anti-Vietnam War protests and
some labor strikes. Cf. sit-down strike under STRIKE.
sitio ganado mayor (sit-yoh gah-nah-doh mI-yor).
Spanish & Mexican law. A square unit ofland with
each side measuring 5,000 varas (about 4,583 yards).
lhis term is found in old land grants in states that were
formerly Spanish provinces or governed by Mexico. See
VARA. Spanish & Mexican law. A unit ofland shaped
like a square with each side measuring 5,000 varas
(about 4,583 yards). -Ihis term is sometimes found
in old land grants in states that were formerly Spanish
colonies or governed by Mexico. See VARA.
sitting, n. (l4c) A court session; esp., a session of an
appellate court. See SESSION (1).
en banc sitting. (1944) A court session in which all the
judges (or a quorum) participate. See EN BANC.
in camera sitting.


A court session in which all the
judges (or a quorum) participate. See EN BANC.
in camera sitting. (1976) A court session conducted by
a judge in chambers or elsewhere outside the court
room. See IN CAMERA.
situation. 1. Condition; position in reference to cir
cumstances <dangerous situation>. 2. The place where
someone or something is occupied; a location <situa
tion near the border>.
situational offender. See OFFENDER.
situation ofdanger. See DANGEROUS SITUATION.
situs (SI-t<7lS). [Latin] (1834) The location or position (of
something) for legal purposes, as in lex situs, the law
of the place where the thing in issue is situated. See
Loces.
tax situs. See TAX SITUS.
si vidua manserit et non nupserit (51 vij-yoO-<l man-
8<lr-it et non nap-s<7Ir-it). [Law Latin] Hist. Ifshe should
remain a widow and not marry. -This requirement was
a common condition in a widow's provision.
Six Clerks. Hist. A collective name for the clerks of the
English Court of Chancery who filed pleadings and
other papers . The office was abolished in 1842, and
its duties transferred to the Clerk of Enrollments in
Chancery and to the Clerks of Records and Writs.
678 trust. See nongrantor-owner trust under TRUST (3).

1514 Sixteenth Amendment
Sixteenth Amendment. The constitutional amendment,
ratified in 1913, allowing Congress to tax income.
[Cases: Internal Revenue <):;:'3067.]
Sixth Amendment. The constitutional amendment,
ratified with the Bill of Rights in 1791, guaranteeing
in criminal cases the right to a speedy and public trial
by jury, the right to be informed of the nature of the
accusation, the right to confront witnesses, the right
to counsel, and the right to compulsory process for
obtaining favorable witnesses.
sixth-sentence remand. See REMAl\D.
sixty derks. See SWORN CI.ERKS IN CHAl\CERY.
sixty-day notice. Labor law. Under the Taft-Hartley Act,
the 60-day advance notice required for either party to a
collective-bargaining agreement to reopen or terminate
the contract. _ During this period, strikes and lockouts
are prohibited. 29 USCA  lS8(d)(l).
S.J.D. See DOCTOR OF JURIDICAL SCIENCE.
SJI. See STATE JUSTICE INSTITUTE.
skeletallegislation. See LEGISLATION.
skeleton bill. See BILL (7).
skeleton bill ofexceptions. See BILL (2).
skeleton legislation. See skeletal legislation under LEG
ISLATION.
skill. Special ability and proficiency; esp., the practical
and familiar knowledge ofthe principles and processes
of an art, science, or trade, combined with the ability
to apply them appropriately, with readiness and dex
terity. -Skill is generally considered more than mere
competence. It is a special competence that is not a part
of the reasonable person's ordinary equipment, but
that results from aptitude cultivated through special
training and experience.
ordinary skill. The skill of a typical person who
performs a given task or job.
reasonable skill. The skill ordinarily possessed and
used by persons engaged in a particular business.
skilled artisan. See ARTISAN.
skilled witness. See expert witness under WITNESS.
skilled work. See WORK (1).
skip bail. See JUMP BAIL.
skip person. (1988) Tax. A beneficiary who is more
than one generation removed from the transferor and
to whom assets are conveyed in a generation-skipping
transfer. IRC (26 lJSCA)  2613(a). See GENERATION
SKIPPING TRANSFER. [Cases: Internal Revenue
4224.]
"Since a skip person is necessary to trigger a generation
skipping tax, it is important to have a precise definition of
'skip person: In most cases, it suffices to say that a skip
person is a person who is two or more generations younger
than the transferor." John K. McNulty, Federal Estate and
Gift Taxation in a Nutshell 63 (5th ed. 1994).
skippeson. See ESKIPPESON. skiptracing agency. (1984) A service that locates persons
(such as delinquent debtors, missing heirs, witnesses,
stockholders, bondholders, etc.) or missing assets (such
as bank accounts).
skyjack, vb. Slang. To hijack an aircraft. See HIJACK (1).
skyjacking, n.
S.L. abbr. 1. Session law. See SESSION LAWS. 2. Statute
law.
slack tax. See pickup tax under TAX.
slamming. The practice by which a long-distance tele
phone company wrongfully appropriates a customer's
service from another company, usu. through an unau
thorized transfer or by way ofa transfer authorization
that is disguised as something else, such as a form to
sign up for a free vacation. [Cases: Telecommunica
tions C:::'863.)
slander, n. (Be) 1. A defamatory assertion expressed in a
transitory form, esp. speech. -Damages for slander
unlike those for libel are not presumed and thus
must be proved by the plaintiff (unless the defamation
is slander per se). [Cases: Libel and Slander C:::' 1, 24, 32,
33.)2. The act ofmaking such a statement. See DEFAMA
TION. Cf. LIBEL (1). slander, vb. -slanderous, adj.
"Although libel and slander are for the most part governed
by the same principles, there are two important differ
ences: (1) Libel is not merely an actionable tort, but also a
criminal offence, whereas slander is a civil injury only. (2)
Libel is in all cases actionable per se; but slander is, save in
special cases, actionable only on proof of actual damage.
This distinction has been severely criticised as productive
of great injustice." R.F.V. Heuston, Salmond on the Law of
Torts 139 (17th ed. 1977).
slander per quod. (18c) Slander that does not qualify
as slander per se, thus forcing the plaintiff to prove
special damages. [Cases: Libel and Slander <):;: 11,
33.]
slander per se. (1841) Slander for which special damages
need not be proved because it imputes to the plaintiff
anyone ofthe following: (1) a crime involving moral
turpitude, (2) a loathsome disease (such as a sexually
transmitted disease), (3) conduct that would adversely
affect one's business or profession, or (4) unchastity
(esp. ofa woman). [Cases: Libel and Slander C:::'7(2),
7(16),8,9(1), 33.]
trade slander. Trade defamation that is spoken but not
recorded. See trade defamation under DEFAMATION.
Cf. trade libel under LIBEL
slanderer, n. (Be) One who commits slander.
slander ofgoods. See DISPARAGEMENT.
slander of title. (18c) A false statement, made orally or
in writing, that casts doubt on another person's owner
ship ofproperty. Also termed jactitation oftitle. See
DISPARAGEMENT. [Cases: Libel and Slander <):;: 132.]
slander per quod. See SLANDER.
slander per se. See SLANDER.
SLAPP (slap). abbr. A strategic lawsuit against public
participation that is, a suit brought by a developer,
corporate executive, or elected official to stifle those

1515
who protest against some type ofhigh-dollar initiative
or who take an adverse position on a public-interest
issue (often involving the environment). Also termed
SLAPP suit. [Cases: Pleading~3S8, 360.]
slate. A list of candidates, esp. for political office or a
corporation's board of directors, that usu. includes as
many candidates for election as there are representa
tives being elected. [Cases: Corporations <;~:)283(2).]
slave. Roman law. See SERVUS (1).
slavery. 1. A situation in which one person has absolute
power over the life, fortune, and liberty of another. 2.
The practice of keeping individuals in such a state of
bondage or servitude. -Slavery was outlawed by the
13th Amendment to the U.S. Constitution. [Cases:
Constitutional Law 101; Slaves
"Slavery was a big problem for the Constitution makers.
Those who profited by it insisted on protecting it; those
who loathed it dreaded even more the prospect that to
Insist on abolition would mean that the Constitution would
die aborning. So the Framers reached a compromise, of
sorts. The words 'slave' and 'slavery' would never be men
tioned, but the Constitution would safeguard the 'peculiar
institution' from the abolitionists." Jethro K. lieberman,
The Evolving ConstitutIOn 493 (1992).
slavery, badge of. See BADGE OF SLAVERY.
slay, vb. To kill (a person), esp. in battIe.
slayer rule. (1986) The doctrine that neither a person
who kills another nor the killer's heirs can share in the
decedent's estate. -Also termed slayer's rule.
slayer statute. Slang. A statute that prohibits a person's
killer from taking any part of the decedent's estate
through will or intestacy. -lhe Uniform Probate Code
and nearly all jurisdictions have a slayerstatute provi
sion. [Cases: Descent and Distribution (;:::051; Wills
~711.]
Sl/C. See standby letter of credit under LETTER OF
CREDIT.
SLC. abbr. SPECIAL LITIGATION COMMITTEE.
sleeper. A security that has strong market potential but
is underpriced and lacks investor interest.
sleeping on rights. See LACHES (1).
sleeping partner. See secret partner under PARTNER.
sleepwalking defense. See AUTOMATISM.
slidiug scale. A pricing method in which prices are
determined by a person's ability to pay.
slight care. See CARE.
slight diligence. See DILIGENCE.
slight evidence. See EVIDENCE.
slight-evidence rule. (1936) 1. The doctrine that if
evidence establishes the existence of a conspiracy
between at least two other people, the prosecution need
only offer slight evidence of a defendant's knowing
participation or intentional involvement in the con
spiracy to secure a conviction . This rule was first
announced in Tomplain v. United States, 42 F.2d 202,
203 (5th Cir. 1930). In the decades after Tomplain, other small-business concern
circuits adopted the rule, but not until the 1970s did
the rule become Widespread. Since then, the rule has
been widely criticized and, in most circuits, abolished.
See, e.g., United States v. Durrive, 902 F.2d 1379, 1380
n.* (7th Cir. 1990). But its vitality remains undimin
ished in some jurisdictions. [Cases: Conspiracy
47.] 2. The doctrine that only slight evidence ofa defen
dant's participation in a conspiracy need be offered in
order to admit a coconspirator's out-of-court statement
under the coconspirator exception to the hearsay rule.
See Fed. R. Evid. 801(d)(2)(E). [Cases: Criminal Law
C-""2427.]
slight negligence. See :"IEGLIGENCE.
slip-and-fall case. (1952) 1. A lawsuit brought for injuries
sustained in slipping and falling, usu. on the defen
dant's property. [Cases: Negligence 1095, 1104.] 2.
Loosely, any minor case in tort.
slip decision. See slip opinion under OPINION (1).
slip law. (1922) An individual pamphlet in which a single
enactment is printed immediately after its passage but
before its inclusion in the general laws (such as the
session laws or the u.s. Statutes at Large). Also
termed slip-law print.
slip opinion. See OPINION (1).
slippery-slope principle. See WEDGE PRINCIPLE.
slipsheet. See slip opinion under OPINION (1).
slot charter. See CHARTER (8).
slough. 1. (sloo) An arm of a river, separate from the
main channel. 2. (slow) A bog; a place filled with deep
mud.
slowdown. An organized effort by workers to decrease
production to pressure the employer to take some
desired action.
slowdown strike. See STRIKE (1).
SLSDC. abbr. SAINT LAWRENCE SEAWAY DEVELOPME:"IT
CORPORATION.
slump, n. A temporary downturn in the economy and
particularly in the stock market, characterized by
falling market prices.
slush fund. Money that is set aside for undesignated
purposes, often corrupt ones, and that is not subject
to financial procedures designed to ensure account
ability.
SM. abbr. SERVICEMARK.
Small Business Administration. A federal agency that
helps small businesses by assuring them a fair share
of government contracts, guaranteeing their loans or
lending them money directly, and providing disaster
relief. -The agency was established by the Small
Business Act of 1953. -Abbr. SBA. [Cases: United
States (~S3(8).]
small-busiuess concern. A business qualifying for an
exemption from freight undercharges because it


(8).]
small-busiuess concern. A business qualifying for an
exemption from freight undercharges because it is inde
pendently owned and operated and is not dominant
in its field of operation, with limited numbers of

1516 small-business corporation
employees and business volume. 15 USCA  632.
Often shortened to small business. [Cases: Carriers
(;:::::> 189; Commerce
small-business corporation. See CORPORATION.
Small Business Investment Act. A federal law, originally
enacted in 1958, under which investment companies
may be formed and licensed to supply long-term equity
capital to small businesses . The statute is implemented
by the Small Business Administration. 15 USCA  661
et seq. [Cases: United States C=-;;53(8).]
small-business investment company. A corporation
created under state law to provide long-term eqUity
capital to small businesses, as provided under the Small
Business Investment Act and regulated by the Small
Business Administration. 15 USCA  661 et seq. -
Abbr. SBIC. [Cases: Banks and Banking (;:::::>310; United
States (;::;c 53(8).J
small claim. A claim for damages at or below a speci
fied monetary amount. See small-claims court under
COURT. [Cases: Courts
small-claims court. See COURT.
small-debts court. See small-claims court under
COURT.
small entity. Patents. An independent inventor, a non
profit organization, or a company with 500 or fewer
employees . A small entity is usu. charged a lower fee
for patent applications and related expenses as long as
the patent rights are not aSSigned or licensed to a large
entity (a for-profit organization with more than 500
employees). 37 CFR  1.27. [Cases: Patents (;::;c103.]
small-estate probate. See PROBATE.
small invention. See UTILITY MODEL.
small-loan act. A state law fixing the maximum legal
interest rate and other terms on small, shorHerm loans
by banks and finance companies. [Cases: Banks and
Banking (;:::::> 181; Consumer Credit Usury
42.]
small-loan company. See consumer finance company
under FINANCE COMPANY.
smart card. See STORED-VALUE CARD.
smart money. 1. Funds held by sophisticated, usu.large
investors who are considered capable of minimizing
risks and maximizing profits <the smart money has
now left this market>. 2. See punitive damages under
DAMAGES <although the jury awarded only $7,000 in
actual damages, it also awarded $500,000 in smart
money>.
smash-and-grab. Slang. The act of breaking a window
or other glass barrier in order to seize goods beyond
it before fleeing . In a smash-and-grab, the criminal
usu. breaks a shop window or a glass display case with
a handheld tool and seizes whatever merchandise is
nearest. Cf. RAM RAID.
5MBS. abbr. See stripped mortgage-backed security under
SECURITY. Smith Act. A 1948 federal antisedition law that crimi
nalizes advocating the forcible or violent overthrow of
the government. 18 USCA  2385. [Cases: Insurrection
and Sedition
'The Smith Act is aimed at the advocacy and teaching of
concrete action for the forcible overthrow of the govern
ment, and not at advocacy of principles divorced from
action. The essential distinction is that those to whom the
advocacy is addressed must be urged to do something,
now or in the future, rather than merely to believe in some
thing." 70 Am.Jur. 2d Sedition, Etc.  63, at 59 (1987).
Smithsonian Institution. An independent trust of the
United States responsible for conducting scientific and
scholarly research; publishing its results; maintaining
over 140 million artifacts, works ofart, and scientific
specimens for study, display, and circulation through
out the nation; and engaging in educational program
ming and international cooperative research . It was
created in 1846 to give effect to the terms ofthe will of
a British scientist, James Smithson, who left his entire
estate to the United States.
smoking gun. (1974) A piece ofphysical or documentary
evidence that conclusively impeaches an adversary on
an outcome-determinative issue or destroys the adver
sary's credibility.
Smoot-Hawley Tariff Act. Hist. A 1930 protectionist
statute that raised tariff rates on most articles imported
into the U.S., and provoked U.S. trading partners to
institute comparable tariff increases . This act is often
cited as a factor in precipitating and spreading the Great
Depression. The Act was named for the legislators who
sponsored it, Senator Reed Smoot of Utah and Repre
sentative Willis C. Hawley ofOregon. It is sometimes
called the Grundy Tarifffor Joseph Grundy, who was
president ofthe Pennsylvania Manufacturers Associa
tion and the chieflobbyist supporting the Act. -Also
termed Tariff Act of 1930.
smuggling, n. (17c) The crime of importing or exporting
illegal articles or articles on which duties have not been
paid. See CONTRABAND. Cf. PEOPLE-SMUGGLING; TRAF
FICKING. [Cases: Customs Duties 120.1,125.]
smuggle, vb.
alimentary-canal smuggling. Smuggling carried out
by swallowing packets, usu. balloons, filled with con
traband, which stays in the smuggler's stomach or
intestines during the crossing ofa border.
smurf, n. Slang. 1. A person who participates in a money
laundering operation by making transactions ofless
than $10,000 (the amount that triggers federal report
ing requirements) at each ofmany banks . The name
derives from a cartoon character of the 1980s. 2. See
CURRENCY-TRANSACTION REPORT.
sneak-and-peek search warrant. See covert-entry search
warrant under SEARCH WARRANT.
SNS. abbr. STRATEGIC NATIONAL STOCKPILE.
SO. abbr. SOUTHERN REPORTER.
sober, adj. (14c) 1. (Of a person) not under the influence
of drugs or alcohol. 2. (Of a person) regularly abstinent

1517
or moderate in the use of intoxicating liquors. [Cases:
Chemical Dependents <P1.]3. (Of a situation, person,
etc.) serious; grave. 4. (Of facts, arguments, etc.) basic;
unexaggerated. 5. (Of a person) rational; having self
control.
sober house. See SOBER-LIVING RESIDENCE.
sober-living residence. A transitional form of group
housing for people recovering from alcoholism or
drug abuse. -The residents typically receive counsel
ing about how to function without mind-altering sub
stances. Sometimes shortened to sober living. -Also
termed sober-living hOUSing; sober house.
sobrante. Surplus. -This term is sometimes found in
old land grants in states that were formerly governed
by Mexico.
sobrestadia. See ESTADIA.
sobriety checkpoint. (1984) A part of a roadway at which
police officers maintain a roadblock to stop motorists
and ascertain whether the drivers are intoxicated.
[Cases: Automobiles (::::';' 349(9).]
sobriety test. (1931) A method of determining whether
a person is intoxicated. -Common sobriety tests are
coordination tests and the use of mechanical devices to
measure the blood alcohol content of a person's breath
sample. See BREATHALYZER; HORIZONTAL-GAZE NYS
TAGMUS TEST. [Cases: Automobiles C=>411; Criminal
Law <P388.2.]
field sobriety test. (1956) A motor-skills test admin
istered by a peace officer during a stop to determine
whether a suspect has been driving while intoxi
cated. Ihe test usu. involves checking the suspect's
speaking ability or coordination (as by reciting the
alphabet or walking in a straight line). Abbr. FST.
[Cases: Automobiles (;:::::>411.]
/ sobrini (s<'J-brI-nI), n. pl. [Latin] Roman law. Children of
first cousins; second cousins.
soc (sohk or sok), n. [Law Latin] Hist. 1. A liberty ofexer
cising private jurisdiction; specif., the privilege granted
to a seigniory of holding a tenant's court. 2. The terri
tory subject to such private jurisdiction. Also spelled
soke; soca; sac.
fold soc. See FALDAGE (1).
soca (soh-k<l or sok-<l), n. See SOC.
socage (sok-ij). Hist. A type of lay tenure in which a
tenant held lands in exchange for prOViding the lord
husbandry-related (rather than military) service. -
Socage, the great residuary tenure, was any free tenure
that did not fall within the definition ofknight-service,
serjeanty, or frankalmoin. Cf. KNIGHT-SERVICE; VIL
LEINAGE.
"If they [the peasant's duties] were fixed for instance,
helping the lord with sowing or reaping at specified
times the tenure was usually called socage. This was
originally the tenure of socmen; but it became ... a generic
term for all free services other than knightservice, ser
jeanty, or spiritual service." j.H. Baker, An Introduction to
English Legal Historv 260 (3d ed. 1990). socida
free socage. Socage in which the services were both
certain and honorable. -By the statute 12 Car. 2, ch.
24 (1660), all the tenures by knight-service were, with
minor exceptions, converted into free socage. -Also
termed free and common socage; liberum socagium.
villein socage (vil-<ln). Socage in which the services,
though certain, were of a baser nature than those
provided under free socage.
socager (sok-ij-dr). A tenant by socage; SOCMAN.
socer (soh-s<lr), n. [Latin] Roman law. A father-in-law.
social contract. (1837) The express or implied agreement
between citizens and their government by which indi
viduals agree to surrender certain freedoms in exchange
for mutual protection; an agreement forming the foun
dation of a political society. _ The term is primarily
associated with political philosophers, such as 1homas
Hobbes, John Locke, and esp. Jean Jacques Rousseau,
though it can be traced back to the Greek Sophists.
social cost. See COST (1).
social guest. See GUEST.
social harm. See HARM.
sodal insurance. See INSURANCE.
social justice. See rUSTICE (1).
social restriction. 1. The curtailment ofindividuals' lib
erties ostenSibly for the general benefit. 2. A govern
mental measure that has this effect.
Sodal Security Act. A federal law, originally enacted
in 1935 in response to the Great Depression, creating
a system of benefits, including old-age and survivors'
benefits, and establishing the Social Security Admin
istration. 42 USCA  401-433. [Cases: Social Security
and Public Welfare 121.]
Social Security Administration. A federal agency in
the executive branch responsible for administering
the nation's retirement program and its survivors
and disability-insurance program . The agency was
established under the Social Security Act of 1935 and
became independent in 1995. -Abbr. SSA. [Cases:
Social Security and Public Welfare
Social Security Disability Insurance. A benefit for
adults with disabilities, paid by the Social Security
Administration to wage-earners who have accumulated
enough quarters of coverage and then become disabled .
 Benefits are also available to disabled adult children
and to disabled widows and widowers of qualified
wage-earners. Abbr. ssm. [Cases: Social Security
and Public Welfare (;:::::> ]40.5.]
social-service state. See STATE.
social study. See HOME-STUDY REPORT.
sodal value. See VALUE (1).
socida (sd-sI-dd), n. [Latin] Civil law. A contract of
bailment bv which the bailee assumes the risk of loss;
specif., a b~ilment by which a person delivers animals
to another for a fee, on the condition that ifany animals
perish, the bailee will be liable for the loss.

societas 1518
societas (S<l-SI-<l-tas), n. [Latin] Roman law. A partner
ship between two or more people agreeing to share
profits and losses; a partnership contract.
"Societas in its widest acceptation denotes two or more
persons who unite or combine for the prosecution of a
common object; in its more restricted sense it denotes a
mercantile partnership ... , the individual members being
termed Socii." William Ramsay, A Manual ofRoman Antiqui
ties 316 (Rodolfo Lanciani ed., 15th ed. 1894).
societas leonina (S<l-SI-,Has lee-J-nI-n<l). [Latin "part
nership with a lion"] Roman law. An illegal partner
ship in which a partner shares in only the losses, not
the profits; a partnership in which one person takes the
lion's share. -Also termed leonina societas.
"But an arrangement by which one party should have all
the gain was not recognized as binding; it was considered
as contrary to the nature and purposes of the societas,
the aim of which was gain for all the parties concerned.
Such an arrangement the lawyers called societas leonina,
a partnership like that


gain for all the parties concerned.
Such an arrangement the lawyers called societas leonina,
a partnership like that which the lion in the fable imposed
upon the cow, the sheep, and the she-goat, his associates
in the chase." James Hadley, Introduction to Roman Law
231-32 (1881).
societas navalis (SJ-SI-J-tas nJ-vay-lis), n. [Latin] Hist.
A naval partnership; an assembly ofvessels for mutual
protection. Also termed admiralitas.
societas universorum bonorum (S<l-Sl-<l-tas yoo-ni-vJr
sor-Jm b<l-nor-<lm), n. Hist. An entire partnership,
including all the individual partners' property.
societe (soh-see-ay-tay), n. [French] French law. A part
nership.
societe anonyme (soh-see-ay-tay an-aw-neem), n.
[French] French law. An incorporated joint-stock
company.
societe d'acquets (soh-see-ay-tay dah-kay), n. [French]
French law. A written agreement between husband
and wife designating community property to be only
that property acquired during marriage.
societe en commandite (soh-see-ay-tay awn koh-mawn
deet), n. [French] French law. A limited partnership.
societe en nom collectif(soh-see-ay-tay aWrl nawn koh
lek-teef), n. [Prench] French law. A partnership in
which all members are jointly and severally liable for
the partnership debts; an ordinary partnership.
societe en participation (soh-see-ay-tay awn pahr-tee
see-pah-syawn), rI. French law. A joint venture.
societepar actions (soh-see-ay-tay pahr ak-syawn), n.
French law. A joint-stock company.
society. (16c) 1. A community of people, as of a state,
nation, or locality, with common cultures, traditions,
and interests.
civil society. 1he political body ofa state or nation; the
body politic.
2. An association or company ofpersons (mm. unin
corporated) united by mutual consent, to deliberate,
determine, and act jOintly for a common purpose;
ORGANIZATION (1). [Cases: Associations C:;:: LJ 3. The
general love, affection, and companionship that family
members share with one another. sociological jurisprUdence. See JURISPRUDENCE.
sociology oflaw. See SOciological jurisprudence under
JURISPRUDENCE.
sociopath, n. See PSYCHOPATH. -sociopathy, n.
sociopathic, adj.
socius (soh-shee-<ls), n. [Latin] Roman law. 1. A partner.
2. An accomplice; an accessory. 3. A political ally. PI.
socii (soh-shee-I).
socius criminis (soh-shee-Js krim-J-nis). An associate
in crime; an accomplice.
sockman. See SOCMAN.
socman (sok-mJn). Hist. A person who holds land by
socage tenure. Also spelled sokeman; sackman.
Also termed socager; gainor. See SOCAGE.
socmanry (sok-mJn-ree). Hist. 1. Free tenure by socage.
2. Land and tenements held only by simple services;
land enfranchised by the sovereign from ancient
demesne. The tenants were socmen. 3. The state of
being a socman.
socna (sok-nJ). Hist. A privilege; a liberty; a franchise.
Socratic method. (ISc) A technique ofphilosophical dis
cussion and oflaw-school instruction -by which
the questioner (a law professor) questions one or more
followers (the law students), building on each answer
with another question, esp. an analogy incorporating
the answer. This method takes its name from the
Greek philosopher Socrates, who lived in Athens from
about 469-399 B.C. His method is a traditional one in
law schools, primarily because it forces law students to
think through issues rationally and deductively - a
skill required in the practice oflaw. Most law professors
who employ this method call on students randomly, an
approach designed to teach students to think quickly,
without stage fright. Also termed question-and
answer method. See QUESTTON-AND-ANSWER (3). Cf.
CASEBOOK METHOD; HORNBOOK METHOD.
"[Socrates] himself did not profess to be capable of
teaching anything, except consciousness of ignorance ....
He called his method of discussion (the Socratic method)
obstetrics . .. because it was an art of inducing his inter
locutors to develop their own ideas under a catechetical
system." 5 The Century Dictionary and Cvclopedla 5746
(rev. ed. 1914).
socrus (sok-rJs), rI. [Latin] Roman law. A mother-in
law.
SODDI defense (sahd-ee). Slang. The some-other-dude
did-it defense; a claim that somebody else committed a
crime, usu. made by a criminal defendant who cannot
identify the third party.
sodomy (sod-<l-mee), n. (l3c) 1. Oral or anal copulation
between humans, esp. those ofthe same sex. [Cases:
Sodomy I.] 2. Oral or anal copulation between
a human and an animal; bestiality. Also termed
buggery; crime against nature; abominable and detest
able crime against nature; unnatural offense; unspeak
able crime; (archaically) sodomitry; (in Latin) crimen
imlOminatum. Cf. PEDERASTY. sodomize, vb. sod
omitic, adj. -sodomist, sodomite, n.

1519
"Sodomitry is a carnal copulation against nature; to wit,
of man or woman in the same sex, or of either of them
with beasts." Sir Henry Finch, Law, or a Discourse Thereof
219 (1759).
"Sodomy was not a crime under the common law of England
but was an ecclesiastical offense only. It was made a felony
by an English statute so early that it is a common law felony
in this country, and statutes expressly making it a felony
were widely adopted. 'Sodomy' is a generic term including
both 'bestiality' and 'buggery.'" Rollin M. Perkins & Ronald
N, Boyce, Criminal Law465 (3d ed. 1982),
aggravated sodomy. (1965) Criminal sodomy that
involves force or results in serious bodily injury to
the victim in addition to mental injury and emotional
distress. Some laws provide that sodomy involving
a minor is automatically aggravated sodomy. [Cases:
SodomyC=L]
SOF. abbr. STATUTE OF FRAUDS.
SOFA. abbr. See STATEMENT OF FINANCIAL AFFAIRS.
soft currency. See CURRENCY.
soft dollars. 1. Securities. The credits that brokers give
their clients in return for the clients' stock-trading
business. 2. The portion of an equity investment that
is tax-deductible in the first year. Cf. HARD DOLLARS.
soft goods. See GOODS.
soft law. 1. Collectively, rules that are neither strictly
binding nor completely lacking in legal significance.
2. Int'I law. Guidelines, policy declarations, or codes
of conduct that set standards of conduct but are not
legally binding.
soft market. See MARKET.
soft positivism. See INCORPORATIONISM.
soft sell. A low-key sales practice characterized by sin
cerity and professionalism. Cf. HARD SELL.
software beta-test agreement. See BETA-TEST AGREE
MENT.
software-based invention. See INVENTION.
Software Directive. See DIRECTIVE ON THE LEGAL PRO
TECTION OF COMPUTER PROGRAMS.
Software Patent Institute. A Kansas-based nonprofit
institute that collects and organizes nonpatented
prior-art software references in a database for patent
researchers.
so help me God. The final words of the common oath.
 The phrase is a translation, with a change to first
person, of the Latin phrase ita te Deus adjuvet "so help
you God." See ITA TE DEUS ADJUVET. [Cases: Oath
5; Witnesses C~227.]
soil bank. A federal agricultural program in which
farmers are paid to not grow crops or to grow noncom
mercial vegetation, to preserve the quality of the soil
and stabilize commodity prices by avoiding surpluses.
See LAND BANK (2). [Cases; AgricultureC=3.2.]
Soil Conservation Service. See NATURAL RESOURCES
CONSERVATION SERVICE.
soit (swah). [Law French] Be; let it be. This term was
used in English-law phrases, esp. to indicate the will sole-actor doctrine
ofthe sovereign in a formal communication with Par
liament.
soit baile aux commons (swah bayl oh kom-;:mz). [Law
French] Let it be delivered to the commons . This is an
indorsement on a bill sent to the House of Commons.
soit baile aux seigneurs (swah bayl oh sen-Y<lrz). [Law
French] Let it be delivered to the lords. This is an
indorsement on a bill sent to the House of Lords.
soit droitfait al partie (swah droyt [or drwah] fayt [or
fay] ahl pahr-tee). [Law French] Rist. Let right be done
to the party. This phrase is written on a petition of
right and subscribed by the Crown.
soitfait comme if est desire (swah fay[t] kawm eel ay
day-zeer-ay). [Law French] Let it be as it is desired .
This is the phrase indicating royal assent to a private
act of Parliament.
sojourn (soh-jdrn), n. A temporary stay by someone
who is not just passing through a place but is also not a
permanent resident <she set up a three-month sojourn
in France>. -sojourn (soh-j<}rn or soh-j;,rn), vb.
sojourner (soh-j;>r-n;>r or soh-j;,r-n<}r), n.
soke. See soc.
sokeman. See SOCMAN.
soke-reeve (sohk-reev). Rist. The lord's rent-collector
in the soc.
solar (soh-Iahr). Rist. Spanish & Mexican law. A resi
dentiallot; a small, privately owned tract of land.
This term is sometimes found (esp. in the plural form
solares) in old land grants in states that were formerly
Spanish provinces or governed by Mexico.
solar day. See DAY.
solar easement. See EASEMENT.
solarium (s;>-lair-ee-;}m), n. [Latin fro solum "soil"]
Roman law. Rent paid for building on public land;
ground rent.
solar month. See MONTH (4).
sola superviventia (soh-I;) soo-p<}r-vI-ven-shee-<}). [Law
Latin] Rist. By mere survivance.
solatium (sd-Iay-shee-dm), n. (Latin "solace"] Scots law.
Compensation; esp., damages allowed for hurt feelings
or grief, as distingUished from damages for physical
injury .
Soldiers' and Sailors' Civil Relief Act. A federal law,
originally enacted in 1940, protecting the civil rights of
persons in military service, as by modifying their civil
liability, placing limits on interest rates charged against
their obligations, and prescribing specific procedures
for claims made against them. 50 USCA app.  501 et
seq. [Cases: Armed Services C;::J34.1.]
soldier's and sailor's will. See soldier's will under WILL.
soldier's will. See WILL.
sold note. 1. See NOTE (1). 2. See CONFIRMATION SLIP.
sole-actor doctrine. (1923) Agency. The rule charging a
principal with knowledge of the agent's actions, even

1520 sole and separate use
if the agent acted fraudulently. [Cases: Principal and
Agent C--=> 177(1), 180-182.]
sole and separate use. See entire use under USE (4).
sole and unconditional owner. See OWNER.
sole cause. See CAUSE (1).
sole corporation. See CORPORATION.
sole custody. See CUSTODY (2).
sole discretion. See DISCRETION (2).
solemn admission. Seejudicial admission under ADMIS
SION (1).
solemnitas attachiamentorum (s;}-lem-ni-tas ;}-tach
ee-;J-men-tor-dm). lLaw Latin] Hist. The formality
required in issuing attachments ofproperty.
solemnity (s;J-lem-n;J-tee). (I4c) 1. A formality (such as a
ceremony) required by law to validate an agreement or
action <solemnity of marriage>. 2. The state of serious
ness or solemn respectfulness or observance <solem
nity of contract>.
solemnity of contract. (1812) The concept that two
people may enter into any contract they wish and that
the resulting contract is enforceable if formalities are
observed and no defenses exist. [Cases: Contracts
1.J
solemnization. The performance ofa formal ceremony
(such as a marriage ceremony) before witnesses, as
distinguished from a clandestine ceremony. [Cases:
Marriage ~26.]
solemnize (sol-am-lllz), vb. (14c) To enter into (a
marriage, contract, etc.) by a formal act, usu. before
witnesses. [Cases: MarriageC-'26.]
solemn oath. See corporal oath under OATH.
solemn occasion. In some states, the serious and unusual
circum


solemn oath. See corporal oath under OATH.
solemn occasion. In some states, the serious and unusual
circumstance in which the supreme court is constitu
tionally permitted to render advisory opinions to the
remaining branches of government, as when the leg
islature doubts the legality of proposed legislation and
a determination must be made to allow the legislature
to exercise its functions. _ Some factors that have been
considered in determining whether a solemn occasion
exists include whether an important question oftaw is
presented, whether the question is urgent, whether the
matter is ripe for an opinion, and whether the court has
enough time to consider the question. [Cases: Consti
tutional Law~2600-2609; Courts ~208.]
solemn war. See WAR.
sole practitioner. (1946) A lawyer who practices law
without any partners or associates. -Often shortened
to solo. -Also termed solo practitioner.
sole proprietorship. (1860) 1. A business in which one
person owns all the assets, owes all the liabilities, and
operates in his or her personal capacity. [Cases: Corpo
rations 1.] 2. Ownership of such a business. Also
termed individual proprietorship.
sole selling agency. See exclusive agency under AGENCY
(1). sole-source rule. In a false-advertising action at common
law, the principle that a plaintiff may not recover unless
it can demonstrate that it has a monopoly in the sale
of goods possessing the advertised trait, because only
then is it clear that the plaintiff would be harmed by the
defendant's advertiSing.
sole use. See entire use under USE (4).
solicitation, n. (16c) 1. The act or an instance ofrequest
ing or seeking to obtain something; a request or
petition <a solicitation for volunteers to handle at least
one pro bono case per year>. 2. The criminal offense of
urging, advising, commanding, or otherwise inciting
another to commit a crime <convicted of solicitation of
murder>. -Solicitation is an inchoate offense distinct
from the solicited crime. Under the Model Penal
Code, a defendant is guilty of solicitation even if the
command or urging was not actually communicated
to the solicited person, as long as it was designed to be
communicated. Model Penal Code  5.02(2). Also
termed criminal solicitation; incitement. Cf. ATTEMPT
(2). [Cases: Criminal Law HomicideC=S62.]
3. An offer to payor accept money in exchange for
sex <the prostitute was charged with solicitation>.
Also termed soliciting. Cf. PATRONIZING A PROSTITUTE.
[Cases: Prostitution C:) 16.] 4. An attempt or effort to
gain business <the attorney's solicitations took the
form of radio and television ads>. _ The Model Rules
of Professional Conduct place certain prohibitions on
lawyers' direct solicitation of potential clients. [Cases:
Attorney and Client (;:-:;c 32(9).] S. Securities. A request
for a proxy; a request to execute, not execute, or revoke
a proxy; the furnishing ofa form ofproxy; or any other
communication to security holders under circum
stances reasonably calculated to result in the procure
ment, withholding, or revocation of a proxy. [Cases:
Securities Regulation <:-'-::::::49.10-49.16.] solicit, vb.
solicitation for bids. See INVITATION TO NEGOTIATE.
solicitation of a bribe. The crime of asking or enticing
another to commit bribery. 18 USCA  201. See BRIBERY.
[Cases: Bribery~1.l
solicitation of chastity. Hist. The act of trying to
persuade another person to engage in unlawful sexual
intercourse.
solicitee. One who is solicited. See SOLICIT ATION.
soliciting, n. See SOLICITATION (3).
soliciting agent. See AGENT (2).
solicitor. (ISc) 1. A person who seeks business or con
tributions from others; an advertiser or promoter. 2.
A person who conducts matters on another's behalf;
an agent or representative. 3. The chief law officer of a
governmental body or a municipality. [Cases: Munici
pal Corporations C'-::o 169.] 4. In the United Kingdom,
a lawyer who consults with clients and prepares legal
documents but is not generally heard in High Court or
(in Scotland) Court of Session unless specially licensed.
Cf. BARRISTER. 5. See speCial agent under INSURANCE
AGENT. 6. A prosecutor (in some jurisdictions, such as

1521
South Carolina). 7. See special agent under INSURANCE
AGENT.
solicitor general. (usu. cap.) (17c) The second-highest
ranking legal officer in a government (after the attorney
general); esp., the chief courtroom lawyer for the execu
tive branch. -Abbr. SG. PI. solicitors general.
"By [federaillaw, only the Solicitor General or his designee
can conduct and argue before the Supreme Court cases
'in which the United States is interested.' Thus, if a trial
court appoints a special, independent prosecutor in order
to prosecute a criminal contempt of court, that court
appointed special prosecutor cannot represent the United
States in seeking Supreme Court review of any lower court
decision unless the Solicitor General authorizes the filing of
such a petition .... Although the Solicitor General serves
at the pleasure of the President, by tradition the Solicitor
General also acts with independence. Thus, if the Solicitor
General does not believe in the legal validity of the argu
ments that the government wants presented, he will refuse
to sign the brief. In close cases the Solicitor General will
sign the brief but tag on a disclaimer that has become
known as 'tying a tin can.' The disclaimer would state,
for example. The foregoing is presented as the position
of the Internal Revenue Service.' The justices would then
know that the Solicitor General, although not withhold
ing a legal argument, was not personally sponsoring or
adopting the particular legal position." Ronald D. Rotunda
& John E. Nowak, Treatise on Constitutional Law  2.2, at
86-88 (3d ed. 1999).
solicitor's hypothec. See HYPOTHEC.
solidarity. (1875) The state ofbeing jOintly and severally
liable (as for a debt). See solidary obligation under OBLI
GATION. [Cases: Action <8=> 14.] -solidarily, adv.
solidary (sol-a-der-ee), adj. (Ofa liability or obligation)
joint and several. See JOINT AND SEVERAL. [Cases:
Action C:::> 14.]
"It is a single debt of 100 owing by each of them, in such
fashion that each of them may be compelled to pay the
whole of it, but that when it is once paid by either of them,
both are discharged from it. Obligations of this description
may be called solidary, Since in the language of Roman
law, each of the debtors is bound in solidum instead of pro
parte; that is to say, for the whole, and not for a proportion
ate part. A solidary obligation, therefore, may be defined
as one in which two or more debtors owe the same thing
to the same creditor." John Salmond, jurisprudence 462-63
(Glanville l. Williams ed., 10th ed. 1947).
solidary liability. See LIABILITY.
solidary obligation. See OBLIGATION.
solidum (sol-a-dam), n. [Latin] Roman law. A whole; an
undivided thing. See SOLIDARY.
solinum (sa-h-n;>m), n. [Law Latin] Hist. 1. Slightly less
than two and a half plowlands. 2. A Single plowland.
solitary confinement. (17c) Separate confinement that
gives a prisoner extremely limited access to other
people; esp., the complete isolation ofa prisoner. [Cases:
Prisons <8=>232.]
sollertia (s;>-l<lr-shee-;. [Latin] Hist. Shrewdness;
resourcefulness; cleverness.
solo, n. See SOLE PRACTITIONER.
solo animo (soh-Ioh an-a-moh). [Latin] Hist. By mere
intention. solvendo esse
Solomon Amendment. A federal law authorizing the
Secretary of Defense to withhold federal funding
from schools that do not allow military recruiters on
their campuses or deny access equal to that enjoyed by
other types of recruiters . The amendment is named
for Representative Gerald B.H. Solomon ofNew York.
10 USCA  983. [Cases: Colleges and Universities
4,6(5).]
solo practitioner. See SOl.E PRACTITIONER.
solum italicum (soh-l;>m I-tal-a-bm). [Latin "Italian
land"] Roman law. Land in Italy (an extension ofthe old
ager Romanus) needing, for full ownership to pass, to
be transferred by formal methods, such as mancipatio
or cession in jure. Cf. solum provinciale.
solum provinciale (soh-bm pr<,>-vin-shee-ay-Iee).
[Latin "provincial land"] Roman law. Provincial land
ultimately held by the Emperor or state, with private
holders having only, in theory, a possessory title without
the right to transfer the property by formal methods, as
distinguished from solum italicum .  Justinian abol
ished all distinctions between the two, allowing all land
to be conveyed by traditio. Cf. SOl.UM ITALICUM.
"Ownership of provincial land. The dominium of this was
in Caesar or the populus according as it was an imperial
or a senatorial province .... The holders were practically
owners, but as they were not domini formal methods of
transfer were not applicable. The holdings were however
transferable informally .... The case disappeared when
Justinian abolished the distinction between Italic and
provincial land. Not all land in the provinces was solum
provinciale: many provincial communities were given ius
italicum, the chief result being that the land was in the
dominium of the holder and not of the State, so that it could
be transferred and claimed at law by civil law methods."
WW. Buckland, A TextBook of Roman Law from Augustus
to justinian 190 (Peter Stein ed., 3d ed. 1963).
solus cum sola in loco suspecto (soh-IdS k;>m soh-I;> in
loh-koh sa-spek-toh). [Law Latin] Hist. A man alone
with a woman in a suspicious place.
solutio (s<,>-loo-shee-oh), n. [Latin "payment"] Roman
law. Performance ofan obligation; satisfaction. PI. solu
tiones (s;>-loo-shee-oh-neez).
solutio indebiti (sil-Ioo-shee-oh in-deb-il-tI). [Latin
"payment ofwhat is not owing"] Roman law. Payment
of a nonexistent debt. Ifthe payment was made in
error, the recipient had a duty to give back the money.
solutio obligationis (sil-Ioo-shee-oh ob-li-gay-shee-oh
nis). Roman law. The unfastening of a legal bond, so
that a party previously bound need not perform any
longer. Cf. VINCULUM JURIS.
solutus (s;>-loo-tds), adj. [Latin fro solvere "to loose"] 1.
Roman law. Set free; released from obligation or con
finement. 2. Scots law. Purged, esp. in reference to
counsel.
solvabilite (sawl-vah-beel-ee-tay), n. [French] French law.
Solvency.
solvency, n. (18c) The ability to pay debts as they come
due. Cf. INSOl.VENCY. solvent, ad).
solvendo esse (sol-ven-doh es-ee). [Latin] Hist. To be
solvent; to be able to pay an obligation.

1522 solvendum in futuro
solvendum infuturo (sol-ven-d.nu in f[y]oo-t[yJoor-oh).
[Latin "to be paid in the future"] Hist. (Of a debt) due
now but payable in the future.
solvent debtor. See DEBTOR.
solvere (sol-va-ree), vb. [Latin "to unbind"] Roman law.
To pay (a debt); to release (a person) from an obliga
tion.
solvere poenas (sal-veer-ee pee-nas). [Latin] Hist. To pay
the penalty.
solvit (sol-vit). [Latin] He paid; paid.
solvit ad diem (sol-vit ad dI-dm). [Law Latin "he paid on
the day"] Hist. In a debt action, a plea that the defen
dant paid the debt on the due date.
solvit ante diem (sol-vit an-tee dI-am). [Law Latin "he
paid before the day"] Hist. In a debt action, a plea that
the defendant paid the money before the due date.
solvit post diem (sol-vit pohst dI-dm). [Law Latin "he
paid after the day"] Hist. In a debt action on a bond, a
plea that the defendant paid the debt after the due date
but before commencement of the lawsuit.
somnambulism (sahm-nam-bYd-liz-am). (I8c) Sleep
walking. _ Generally, a person will not be held crimi
nally responsible for an act performed while in this
state. See AUTOMATISM.
somnolentia (sahm-nd-Ien-shee-a). (1879) 1. The state of
drowsiness. 2. A condition of incomplete sleep resem
bling drunkenness, during which part ofthe faculties
are abnormally excited while the others are dormant;
the combined condition ofsleeping and wakefulness
prodUcing a temporary state of involuntary intoxica
tion. -To the extent that it destroys moral agency, som
nolentia may be a


of involuntary intoxica
tion. -To the extent that it destroys moral agency, som
nolentia may be a defense to a criminal charge.
son. 1. A person's male child, whether natural or adopted;
a male of whom one is the parent. 2. An immediate
male descendant. 3. Slang. Any young male person.
son assault demesne (sohn <J-sawlt di-mayn). [French
"his own assault"] The plea of self-defense in a tort
action, by which the defendant alleges that the plaintiff
originally engaged in an assault and that the defendant
used only the force necessary to repel the plaintiff's
assault and to protect person and property. See SELF
DEFENSE.
son-in-law. The husband ofone's daughter.
Sonny Bono Copyright Term Extension Act. Copyright.
A federal law extending the copyright term by 20 years
for all works published in the U.S. after January 1, 1978,
and settling the copyright term for works created before
1978 as 95 years from the original copyright date.
Before the extension, the copyright term was the life of
the author plus 50 years. Pub. L. 105-298,112 Stat. 2827.
[Cases: Copyrights and Intellectual Property C=>33.]
Son-of-Sam law. (1981) A state statute that prohibits a
convicted criminal from profiting by selling his or her
story rights to a publisher or filmmaker. -State law
usu. authorizes prosecutors to seize royalties from a
convicted criminal and to place the money in an escrow account for the crime victim's benefit. This type oflaw
was first enacted in New York in 1977, in response to
the lucrative book deals that publishers offered David
Berkowitz, the serial killer who called himself"Son of
Sam." In 1992, the U.S. Supreme Court declared New
York's Son-of-Sam law unconstitutional as a content
based speech regulation, prompting many states to
amend their laws in an attempt to avoid constitution
ality problems. Simon & Schuster, Inc. v. New York State
Crime Victims Bd., 502 U.S. 105, 112 S.Ct. 501 (1992).
[Cases: Criminal LawC=J1221.]
sonticus (sahn-ti-kds), n. [Latin] Roman law. Serious;
more than trivial. -The term was used in the Twelve
Tables to refer to a serious illness (morbus sonticus)
that gave a defendant a valid reason not to appear in
court.
Sony doctrine. See COMMERCIALLY SIGNIFICANT NON
INFRINGING USE.
sophisticated investor. See INVESTOR.
SOTor (sor-or), n. [Latin] Roman law. A sister.
sororicide (sa-ror-d-sId). (17c) 1. The act ofkilling one's
own sister. 2. A person who kills his or her sister. Cf.
FRATRICIDE. sororicidal, adj.
SOTS (sors), n. [Latin] 1. Roman law. A lot; a chance. 2.
Scots law. A partnership's capital. 3. Hist. Principal, as
distinguished from interest. 4. Hist. Something recov
ered in an action, as distinguished from mere costs.
sortitio (sor-tish-ee-oh), n. [Latin fro sortiri "to cast lots"]
Roman law. The drawing of lots, used, for example, in
selecting judges for a criminal trial. Also termed (in
English) sortition; sortilege.
soul scot. See MORTUARY (3).
soul shot. See MORTUARY (3).
sound, adj. (12c) 1. (Of health, mind, etc.) good; whole;
free from disease or disorder. [Cases: Mental Health
C=J3.1.J 2. (Of property) good; marketable. 3. (Of
discretion) exercised equitably under the circum
stances. soundness, n.
sound, vb. (I8c) 1. To be actionable (in) <her claims for
physical injury sound in tort, not in contract>. 2. To be
recoverable (in) <his tort action sounds in damages, not
in equitable relief>.
sound health. Insurance. 1. A policy applicant's good
mental and physical condition; a state of health char
acterized by a lack ofgrave impairment or disease, or
of any ailment that seriously affects the applicant's
health. [Cases: Insurance (,':::J 1758,3003(8).] 2. GOOD
HEALTH.
sound mind. 1. MIND (2). 2. See testamentary capacity
under CAPACITY (3).
Sound Recording Amendment of 1972. A Copyright
Act of 1909 amendment that established copyright pro
tection for sound recordings. [Cases: Copyrights and
Intellectual Property C=> 10.2.]
source, n. The originator or primary agent of an act,
circumstance, or result <she was the source of the

1523
information> <the side business was the source of
income>.
source code. Copyright. The nonmachine language used
by a computer programmer to create a program. _ If
it is not included with the software sol d to the public, I
source code is protected by trade secret laws as well as
copyright and patent laws. Source code may be depos- I
ited with the U.S. Copyright Office but, because ofthe '
need to protect a trade secret, and because a skilled pro- I
grammer could figure out how to duplicate the source
code's functions without necessarily copying it, strate
gic parts may be blacked out. Cf. OBJECT CODE. [Cases:
Copyrights and Intellectual Property~ 10.4.]
source oflaw. (1892) Something (such as a constitution,
treaty, statute, or custom) that provides authority for
legislation and for judicial decisions; a point of origin
for law or legal analysis. -Also termed fons juris.
"The term 'sources of law' is ordinarily used in a much
narrower sense than will be attributed to it here. In the
literature of jurisprudence the problem of 'sources' i
relates to the question: Where does the judge obtain the I
rules by which to decide cases? In this sense, among the
sources of law will be commonly listed: statutes, judicial
precedents, custom, the opinion of experts, morality, and I
equity. In the usual discussions these various sources of
law are analyzed and some attempt is made to state the
conditions under which each can appropriately be drawn
upon in the decision of legal controverSies. Curiously,
when a legislature is enacting law we do not talk about
the 'sources' from which it derives its decision as to what
the law shall be, though an analysis in these terms might
be more enlightening than one directed toward the more
restricted function performed by judges. Our concern
here will be with 'sources' in a much broader sense than
is usual in the literature ofjurisprudence, Our interest is
not so much in sources of laws, as in sources of law. From
whence does the law generally draw not only its content
but its force in men's lives?" Lon L. Fuller, Anatomy of the
Law69 (1968).
"In the context of legal research, the term 'sources of law'
can refer to three different concepts which should be dis
tinguished. One, sources of law can refer to the origins
of legal concepts and ideas ... ' Two, sources of law can
refer to governmental institutions that formulate legal
rules, .. , Three, sources of law can refer to the published
manifestations of the law. The books, computer databases,
microforms, optical disks, and other media that contain
legal information are all sources of law." j. Myronjacobstein
&Roy M. Mersky, Fundamentals ofLegal Research 1-2 (5th
ed. 1990).
South Eastern Reporter. A set ofregionallawbooks, part
ofthe West Group's National Reporter System, contain
ing every published appellate decision from Georgia,
North Carolina, South Carolina, Virginia, and West
Virginia, from 1887 to date. -The first series ran from
1887 to 1939; the second series is the current one.
Abbr. S.E.; S.E.2d.
Southern Common Market. See Mercosur.
Southern Reporter. A set of regionallawbooks, part of
the West Group's National Reporter System, contain
ing every published appellate decision from Alabama,
Florida, Louisiana, and MiSSissippi, from 1887 to date.
 The first series ran from 1887 to 1941; the second
series is the current one. -Abbr. So.; So.2d. sovereign state
South Western Reporter. A set of regionallawbooks,
part of the West Group's National Reporter System,
containing every published appellate decision from
Arkansas, Kentucky, Missouri, Tennessee, and Texas,
from 1886 to date. -The first series ran from 1886 to
1928; the second series ran until 1999; the third series
is the current one. Abbr. S.W.; S.W.2d.; SW.3d.
sovereign, adj. (Of a state) characteristic of or endowed
with supreme authority <sovereign nation> <sovereign
immunity>.
sovereign, n. (Be) 1. A person, body, or state vested with
independent and supreme authority. 2. The ruler of an
independent state. -Also spelled sovran. See SOVER
EIGNTY.
sovereign equality. Int'l Jaw. The principle that nations
have the right to enjoy territorial integrity and political
independence, free from intervention by other nations, .
 The United Nations "is based on the principle ofthe
sovereign equality ofall its Members." UN Charter art.
2, ~ 1. [Cases: International Law C::;10.45(1).]
sovereign immunity. See IMMUNITY (1).
sovereign people. (17c) The political body consisting of
the collective number ofcitizens and qualified electors
who possess the powers of sovereignty and exercise
them through their chosen representatives.
sovereign political power. See POLITICAL POWER.
sovereign power. (ISc) 1. The power to make and enforce
laws. 2. See sovereign political power under POLITICAL
POWER.
sovereign right. (16c) A unique right possessed by a state
or its agencies that enables it to carry out its official
functions for the public benefit, as distinguished from
certain proprietary rights that it may possess like any
other private person. [Cases: States ~21.]
sovereign state. (17c) 1. A state that possesses an inde
pendent existence, being complete in itself, without
being merely part of a larger whole to whose govern
ment it is subject. 2. A political community whose
members are bound together by the tie of common
subjection to some central authority, whose commands
those members must obey. Also termed independent
state. Cf. client state, nonsovereign state under STATE.
[Cases: International Law ~3.]
"The essence of statehood is sovereignty. the principle that
each nation answers only to its own domestic order and is
not accountable to a larger international community, save
only to the extent it has consented to do so. Sovereign
states are thus conceived as hermetically sealed units,
atoms that spin around an international orbit, sometimes
colliding, sometimes cooperating, but always separate and
apart." David j. Bederman, International Law Frameworks
50 (2001).
part-sovereign state. A political community in which
part of the powers of external sovereignty are exer
cised by the home government, and part are vested in
or controlled by some other political body or bodies.
-Such a state is not fully independent because by
the conditions of its existence it is not allowed full
freedom ofaction in external affairs.

1524 sovereignty
sovereignty (sahv-[;}- Jrin-tee). (l8c) 1. Supreme
dominion, authority, or rule. [Cases: International
LawC:=>8.]
popular sovereignty. A system ofgovernment in which
policy choices reflect the preferences of the majority
ofcitizens.
state sovereignty. See STATE SOVEREIGNTY.
2. The supreme political authority of an independent
state. 3. 'Ibe state itself.
"It is well to [distinguish] the senses in which the word
Sovereignty is used. In the ordinary popular sense it means
Supremacy, the right to demand obedience. Although the
idea of actual power is not absent, the prominent idea is
that of some sort of title to exercise control. An ordinary
layman would call that person (or body of persons) Sov
ereign in a State who is obeyed because he is acknowl
edged to stand at the top, whose will must be expected to
prevail, who can get his own way, and make others go his,
because such is the practice of the country. EtymologICally
the word of course means merely superiority, and familiar
usage applies it in monarchies to the monarch. because he
stands first in the State, be his real power great or small."
James Bryce, Studies in Historv and Jurisprudence 504-05
(1901).
external sovereignty. The power of dealing on a nation's
behalf with other national governments.
internal sovereignty. lhe power enjoyed by a govern
mental entity ofa sovereign state, including affairs
within its own territory and powers related to the
exercise of external sovereignty.
sovran. See SOVEREIGN.
SOW. Abbr. STATEMENT OF WORK.
s.p. abbr. 1. SINE PROLE. 2. Same principle; same point.
-This notation, when inserted between two citations,
indicates that the second involves the same principles
as the first.
space arbitrage. See ARBITRAGE.
space charter. See CHARTER (8).
spacial jurisdiction. See JURISDICTION.
spado (spay-doh), n. [Latin] Roman law. 1. A eunuch. 2.
One who is incapable ofsexual intercourse by reason
of impotence. PI. spadones (spd-doh-neez).
spam. Unsolicited commercial e-mail. [Cases: