GISTER. -Also
termed secondary register. Trademarks (;::;:l1246.
Supplemental Rules for Certain Maritime and Admi
ralty Claims. A supplement to the Federal Rules of
Civil Procedure, setting out procedures for suits in
admiralty and maritime law.
Snpplemental Security Income. A welfare or needs
based program providing monthly income to the
aged, blind, or disabled. _ It is authorized by the Social
Security Act. Abbr. SSL [Cases; Social Security and
Public Welfare (;::;:l140.5, 175.)
supplemental surety. See SURETY.
supplementary proceeding. See PROCEEDING.
supplendo vices (s~-plen-doh vI-seez). [Law Latin] Hist.
By supplying the place.
suppletory oath (sap-la-tor-ee). See OATH.
suppliant (sap-Iee-ant). (15c) One who humbly requests
something; specif., the actor in a petition of right.
supplicatio (sap-li-kay-shee-oh), n. [Latin) Roman law.
1. A petition to the emperor requesting him to decide
a case, not already before a court, in first instance or,
sometimes, to reopen a case in which no appeal is
normally allowed. PI. supplicationes (sap-li-kay-shee
oh-neez).
"Another mode was supplicatio, petition to the Emperor
by a private person, not allowed when the question was support
already before a court or had been decided and not
properly appealed. It was mainly used to bring matters
before the Emperor or his delegate, in first instance, where
for any reason it was unlikely that justice would be done,
e.g. where the claimant was humble and the opponent a
'potentior,' or where the claimant was of too high rank
to go before the ordinary court, or the decision was of
an unappealable magistrate." W.W. Buckland. Elementary
Principles of the Roman Private Law671 (1912).
2. A petition for a pardon on a first offense. 3. Hist. A
pleading similar to a rejoinder.
supplicavit (sap-li-kay-vit). Hist. A writ issued by the
King's Bench or Chancery for taking sureties of the
peace, obligating a person to be on good behavior for
a specified period . It is commonly directed to the
justices ofthe peace who are hesitant to intervene in
thei r judicial capacities. See surety ofthe peace under
SURETY.
"Any justices ofthe peace, by virtue of their commission, or
those who are ex officio conservators of the peace ... may
demand such security according to their own discretion:
or it may be granted at the request of any subject, upon
due cause shewn .... Or, if the justice is averse to act, it
may be granted by a mandatory writ, called a supplicavit,
issuing out of the court of king's bench or chancery; which
will compel the justice to act, as a ministerial and not as a
judicial officer ...." 4 William Blackstone, Commentaries
on the Laws ofEngland 250 (1769).
supplicium (s;>-plish-ee-;>m), n. [Latin "atonement")
Roman law. A punishment.  Ultimum supplicium is
the death penalty.
supplier, n. 1. A person engaged, directly or indirectly,
in the business of making a product available to con
sumers.
"The supplier may be the seller, the manufacturer. or
anyone else in the chain who makes the product avail
able to the consumer." 1Julian B. McDonnell & Elizabeth J.
Coleman, Commercial and Consumer Warranties ~ 6.06[2],
at 6-33 (1991).
2. A person who gives possession of a chattel for anoth
er's use or allows someone else to use or occupy it while
it is in the person's possession or control.
supplies, n. 1. Means of provision or relief; stores avail
able for distribution. 2. In parliamentary proceedings,
the annual grant voted on by the House of Commons for
maintaining the Crown and various public services.
supply, n. The amount of goods produced or available
at a given price.
aggregate supply. The total amount of goods and
services generated in an economy during a specific
period.
supply curve. A line on a price-output graph shOWing the
relationship between a good's price and the quantity
supplied at a given time.
support, n. (14c) 1. Sustenance or maintenance; esp.,
articles such as food and clothing that allow one to live
in the degree of comfort to which one is accustomed.
See MAINTENANCE; NECESSARIES.
"Generally speaking, the words 'support' and 'mainte
nance' are used synonymously to refer to food, clothing
and other conveniences, and shelter, including, in some
cases, medicines, medical care, nursing care, funeral

1578 support agreement
services, education, and reasonable personal care, and
the courtesies and kindness usually obtaining between
individuals that have the same ties of blood in families of
similar station as the contracting parties." 73 Am.Jur.2d
Support ofPersons  1, at 880-81 (2d ed. 1974).
2. One or more monetary payments to a current or
former family member for the purpose of helping the
recipient maintain an acceptable standard ofliving.
Also termed (in both senses) reasonable support. See
ALIMONY. Cf. NONSUPPORT; MAINTENANCE (5). [Cases:
Child Support (>8; Divorce (>208,230.]
child support. See CHILD SUPPORT.
family support. See FAMILY SUPPORT.
spousal support. See ALIMONY.
3. Basis or foundation. 4. The bracing of land so that
it does not cave in because of another landowner's
actions. -support, vb.
lateral support. Support by the land that lies next to the
land under consideration. -Also termed easement
of natural support. [Cases: Adjoining Landowners
(>2.]
subjacent support. Support by the earth that lies under
neath the land under consideration.
support agreement. Oil & gas. A contract between
people or entities in the oil-and-gas industry to
promote exploratory operations . Generally, one party
agrees to contribute money or property to another if
the other will drill a well on leases that it holds and
provide the contributing party with information from
tests conducted. For the contributing party, a support
agreement is a purchase of geological or technologi
cal information. For the party receiving the support,
the contribution lessens the cost or the risk ofdrilling
operations. -Also termed contribution agreement. See
DRY-HOLE AGREEMENT; BOTTOM-HOLE AGREEMENT;
ACREAGE-CONTRIBUTION AGREEMENT. [Cases: Mines
and Minerals (>109.]
support deed. See DEED.
support obligation. (1938) A secondary obligation or let
ter-of-credit right that supports the payment or perfor
mance ofan account, chattel paper, general intangible,
document, healthcare-insurance receivable, instru
ment, or investment property. UCC  9-102(a)(53).
support order. (1948) A court decree requiring a party
(esp. one in a divorce or paternity proceeding) to
make payments to maintain a child or spouse, includ
ing medical, dental, and educational expenses. [Cases:
Child Support (>8,223; Divorce (>208,230.]
foreign support order. An out-of-state support order.
[Cases: Child Support (>500-510; Divorce (>
388.]
support price. See PRICE.
support trust. See TRUST.
suppositiou (S;)p-;)-zish-;m), n. An assumption that
something is true, without proof ofits veracity; the act
of supposing. -suppose, vb. -supposable, adj. suppress, vb. To put a stop to, put down, or prohibit; to
prevent (something) from being seen, heard, known, or
discussed <the defendant tried to suppress the incrimi
nating evidence>. -suppression, n. -suppressible,
suppressive, adj.
suppression hearing. See HEARING.
suppression of evidence. (18c) 1. A trial judge's ruling
that evidence offered by a party should be excluded
because it was illegally acquired. [Cases: Criminal
Law (>394; Evidence (>154.] 2. The destruction of
evidence or the refusal to give evidence at a criminal
proceeding . This is usu. considered a crime. See
OBSTRUCTION OF JUSTICE. [Cases: Obstructing Justice
(>5.] 3. The prosecution's withholding from the
defense of evidence that is favorable to the defendant.
[Cases: Criminal Law (>1990-2008.]
suppressio veri (s;)-pres[h]-ee-oh veer-I). [Latin] Sup
pression of the truth; a type of fraud. Cf. SUGGESTIO
FALSI.
supra (s[y]oo-pr;)). [Latin "above"] (15c) Earlier in this
text; used as a citational Signal to refer to a previously
cited authority. Cf. INFRA.
supra citatum (s[y]oo-pr;) sr-tay-t;)m). [Law Latin] Hist.
Above cited. -Abbr. sup. cit.
supralegal, adj. Above or beyond the law <a supralegal
sovereign>.
supranational, adj. Free of the political limitations of
nations.
supra protest. (Of a debt) under protest. See PROTEST
(3).
supra riparian (soo-pr;) ri-pair-ee-;)n or rr-). (1857)
Upper riparian; higher up the stream . This phrase
describes the estate, rights, and duties of a riparian
owner whose land is situated nearer the source of a
stream than the land it is compared to.
supremacy. (16c) The position ofhaving the superior or
greatest power or authority.
Supremacy Clause. (1940) The clause in Article VI ofthe
U.S. Constitution declaring that the Constitution, all
laws made in furtherance of the Constitution, and all
treaties made under the authority of the United States
are the "supreme law ofthe land" and enjoy legal supe
riority over any conflicting provision ofa state constitu
tion or law. See PREEMPTION. [Cases: States (>18.1.]
supremacy oflaw. See RULE OF LAW (2).
supreme, adj. (16c) (Of a court, power, right, etc.) highest;
superior to all others.
Supreme Civil Court in Scotland. See COURT OF SESSION
(1).
supreme court. (17c) 1. (cap.) SUPREME COURT OF THE
UNITED STATES. 2. An appellate court existing in most
states, usu. as the court oflast resort. [Cases: Courts
(>91(1).] 3. In New York, a court of general jurisdic
tion with trial and appellate divisions . The Court
of Appeals is the court oflast resort in New York. 4.

1579 surety
SCPREME COURT OF JUDICATURE. Abbr. S.c.; S.Ct.;
Sup. Ct.
Supreme Court ofAppeals. The highest court in West
Virginia. [Cases: Courts (::::>252.]
Supreme Court ofErrors. Rist. Ihe court of last resort
in Connecticut. _ The court is now called the Supreme
Court.
Supreme Court of Judicature. The highest court in
England and Wales, consisting of the High Court of
Justice, the Court of Appeal, and the Crown Court.
-The Supreme Court was created under the Judica
ture Act of 1873 that consolidated the existing superior
courts, including the High Court of Chancery, the
court of Queen's Bench, the court of Exchequer, the
High Court ofAdmiralty, the court of Probate, and the
London court ofBankruptcy. -Sometimes shortened
to Supreme Court.
Supreme Court of the United States. The court of
last resort in the federal system, whose members are
appointed by the President and approved by the Senate.
-The Court was established in 1789 by Article III of
the U.S. Constitution, which vests the Court with the
"judicial power of the United States." -Often short
ened to Supreme Court. -Also termed United States
Supreme Court. (Cases: Federal Courts C=441.J
Supreme Judicial Court. See COURT.
supreme law of the land. (lSc) 1. The U.S. Constitu
tion. [Cases: Constitutional Law (::::>502.]2. Acts of
Congress made in accordance with the U.S. Constitu
tion. 3. U.S. treaties. See SUPREMACY CLAUSE.
supreme legislation. See LEGISLATION.
supreme power. See sovereign political power under
POLITICAL POWER.
sur (s;)r). [Law French] Hist. Upon. -This term appears in
various phrases, such as sur cognizance de droit ("upon
acknowledgment of right").
surcharge, n. 1. An additional tax, charge, or cost, usu.
one that is excessive. 2. An additional load or burden.
3. A second or further mortgage. 4. The omission of a
proper credit on an account. 5. The amount that a court
may charge a fiduciary that has breached its duty. 6.
An overprint on a stamp, esp. one that changes its face
value. 7. The overstocking of an area with animals.
surcharge, vb.
surcharge, vb. (15c) 1. To impose an additional (usu.
excessive) tax, charge, or cost. 2. To impose an addi
tionalload or burden. 3. (Of a court) to impose a fine
on a fiduciary for breach of duty. 4. To overstock (an
area) with animals.
second surcharge. To overstock (a common) a second
time for which a writ of second surcharge was


) with animals.
second surcharge. To overstock (a common) a second
time for which a writ of second surcharge was
issued.
surcharge andfalsify. To scrutinize particular items
in an account to show items that were not credited
as required (to surcharge) and to prove that certain
items were wrongly inserted (to falSify) . The courts
ofchancery usu. granted plaintiffs the opportunity to surcharge and falsify accounts that the defendant
alleged to be settled.
sur cui ante divortium (s;lr kI [or kWI or kwee] an-tee
d;)-vor-shee-",m). See CUI ANTE DIVORTlUM.
sur cui in vita (s;) kI [or kWI or kweel in VIol;)}. See CUI
IN VITA.
sur disclaimer. Rist. A writ brought by a lord against
a tenant who has disclaimed tenure, to recover the
land.
surdus (sar-d;)s), n. [Latin] Roman law. A deaf person.
_ A wholly deaf and mute person could not lawfully
make a will before the time ofJustinian, who modified
the law.
surety (shuur[-;)J-tee). (l4c) 1. A person who is primarily
liable for paying another's debt or performing another's
obligation. -Although a surety is similar to an insurer,
one important difference is that a surety often receives
no compensation for assuming liability. A surety differs
from a guarantor, who is liable to the creditor only ifthe
debtor does not meet the duties owed to the creditor;
the surety is directly liable. Cf. GUARANTOR. [Cases:
Principal and Surety~~l, 65, 66.]
"The words surety and guarantor are often used indiscrimi
nately as synonymous terms; but while a surety and a guar
antor have this in common, that they are both bound for
another person, yet there are points of difference between
them which should be carefully noted. A surety is usually
bound with his prinCipal by the same instrument, executed
at the same time and on the same consideration. He is
an original promisor and debtor from the beginning, and
is held ordinarily to know every default of this principal.
Usually the surety will not be discharged, either by the mere
indulgence of the creditor to the principal, or by want of
notice of the default of the principal, no matter how much
he may be injured thereby. On the other hand, the contract
of the guarantor is his own separate undertaking, in which
the principal does not join. It is usually entered into before
or after that of the principal. and is often founded on a
separate conSideration from that supporting the contract
ofthe principal." 1 George W. Brandt, The Law ofSuretyship
and Guaranty 2, at 9 (3d ed. 1905).
"A surety, in the broad sense, is one who is liable for the
debt or obligation of another, whether primarily or second
arily, conditionally or unconditionally. In other words, the
term surety includes anyone who is bound on an obliga
tion which, as between himself and another person who is
bound to the obligee for the same performance, the latter
obligor should discharge. In this sense, suretyship includes
all accessorial obligations. By such terminology, guaran
tors and indorsers are kinds of sureties.... A surety, in
the narrow sense, is one who is liable in form primarily on
the debt or obligation of another. His obligation is acces
sorial to that of the principal debtor, but it is direct and
not conditioned on the principal debtor'S default. In this
sense, suretyship differs from guaranty and indorsement.
which are conditional, secondary obligations .. _. The word
surety is in the majority of American decisions used in
the narrower sense to indicate a primary obligation to pay
another's debt, to distinguish it from the secondary obliga
tion of a guarantor. This terminology has the advantage of
indicating by the use of the one word 'surety' an obligation
which is at once one to pay another's debt, but which at
the same time is not conditioned upon another's default."
Laurence P. 5im pson, Handbook on the Law ofSuretyship
6, 8-9 (1950).
accommodation surety. See voluntary surety.

1580 surety and fidelity insurance
compensated surety. A surety who is paid for becoming
obliged to the creditor; esp., one that engages in
the business of executing suretyship contracts in
exchange for premiums, which are determined by an
actuarial computation ofrisks. _ A bonding company
is a typical example ofa compensated surety. Also
termed commercial surety.
cosurety. See COSURETY.
gratuitous surety. A surety who is not compensated
for becoming obliged to the creditor. _ Perhaps the
most common example is the parent who signs as a
surety for a child.
subsurety. See SUBSURETY.
supplemental surety. A surety for a surety.
surety of the peace. Hist. A surety responsible for
ensuring that a person will not commit a future
offense. -It is required of one against whom there
are probable grounds to suspect future misbehavior.
See SUPPLICAVIT.
voluntary surety. A surety who receives no consider
ation for the promise to act as a surety. Also termed
accommodation surety.
2. A formal assurance; esp., a pledge, bond, guarantee,
or security given for the fulfillment of an undertak
ing.
surety and fidelity insurance. See fidelity insurance
under INSURANCE.
surety bond. See PERFORMANCE BOND.
surety company. See COMPANY.
surety insurance. See guaranty insurance under INSUR
ANCE.
suretyship. 1. The legal relation that arises when one
party assumes liability for a debt, default, or other
failing ofa second party. -The liability of both parties
begins simultaneously. In other words, under a contract
ofsuretyship, a surety becomes a party to the principal
obligation. [Cases: Principal and Surety (;=: 1,65,66.]
2. The lending of credit to aid a principal who does
not have sufficient credit. _ The purpose is to guard
against loss if the principal debtor were to default. 3.
The position or status of a surety.
involuntary suretyship. A suretyship that arises inci
dentally, when the chief object of the contract is to
accomplish some other purpose. [Cases: Principal
and Surety
personal suretyship. A suretyship in which the surety is
answerable in damages. [Cases: Principal and Surety
real suretyship. A suretyship in which specified
property can be taken, but the surety is not answer
able in damages. [Cases: Principal and Surety
65.]
suretyship by operation oflaw. A suretyship that the
law creates when a third party promises a debtor to
assume and pay the debt that the debtor owes to a
creditor. [Cases: Principal and Surety (;=: 14.) voluntary suretyship. A suretyship in which the chief
object ofthe contract is to make one party a surety.
surface. 1. Ihe top layer of something, esp. of land.
2. Mining law. An entire portion ofland, including
mineral deposits, except those specifically reserved.
-The meaning of the term varies, esp. when used in
legal instruments, depending on the language used,
the intention of the parties, the business involved, and
the nature and circumstances of the transaction. 3.
Mining law. The part ofthe geologic section lying over
the minerals in question.
surface casing. See CASING.
surface-damage dause. Oil & gas. A lease provision
requiring the lessee to pay the lessor or the surface
interest owner for all or for a specified kind or degree
of damage to the surface that results from oil-and-gas
operations. Also termed location-damage clause;
damages clause. [Cases: Mines and Minerals C=:' 120.)
surface interest. Oil & gas. Every right in real property
other than the mineral interest. -The surface-interest
owner has the right to the surface subject to the right
of the mineral-interest owner to use the surface. The
surface-interest owner is entitled to all whatever non
mineral substances are found in or under the soil.
Also termed surface right. Cf. MINERAL INTEREST;
SUBSURFACE INTEREST. [Cases: Mines and Minerals
(;=:55(6).]
surface issue. See ISSUE (1).
Surface Transportation Board. A unit in the U.S.
Department of Transportation responsible for the
economic regulation of interstate surface transporta
tion, primarily railroads. -Its jurisdiction includes
railroad-rate and -service issues, railroad-company
mergers and related labor matters; certain truck and
ocean shipping rates; certain intercity bus-company
structures; and certain pipeline matters not regulated
by the Federal Energy Regulatory Commission.
Abbr. STB. [Cases: Carriers'C=: 10.]
surface water. See WATER.
Surgeon General. (18c) 1. The chief medical officer of the
U.S. Public Health Service or of a state public-health
agency. 2. The chief officer ofthe medical departments
in the armed forces. Abbr. SG.
surmise (S<lr-mIz), n. (l8c) 1. An idea based on weak
evidence; conjecture. 2. Hist. A suggestion, esp. to a
court. 3. Hist. Eccles. law, An allegation in the com
plaint. - A collateral surmise is a surmise of a fact not
contained in the libel. See LIBEL (3).
surname. See NAME.
surplice fees (s~r-plis feez). Eccles. law. Fees paid to
clergy for performing occasional duties, such as mar
riages, funerals, and baptisms.
surplus. 1. The remainder of a thing; the residue or
excess. 2. The excess of receipts over disbursements.
3. Funds that remain after a partnership has been dis
solved and all its debts paid. 4. A corporation's net

1581 surrender
worth, beyond the par value of capital stock. -Also
termed overplus.
accumulated surplus. Earnings in excess ofa corpora
tion's capital and liabilities.
acquired surplus. The surplus gained by the purchase
of another business.
actuarial surplus. See ACTUARIAL SURPLUS.
appreciation surplus. See revaluation surplus.
appropriated surplus.!. The portion of surplus ear
marked for a specific purpose. -Also termed reserved
surplus. 2. See appropriated retained earnings under
EARNINGS.
capital surplus. l. All surplus (such as paid-in surplus
or donated surplus) not arising from the accumula
tion ofprofits; a company's surplus other than earned
surplus, usu. created by financial reorganization or
gifts. 2. See paid-in surplus.
donated surplus.!. Assets (such as stock) contributed
to a corporation. 2. The increase in the shareholders'
equity account resulting from such a contribution.
earned surplus. See retained earnings under
EARNINGS.
initial surplus. The surplus that appears on the finan
cial statement at the beginning of an accounting
period, but that does not reflect the operations for
the statement's period.
paid-in surplus. The surplus gained by the sale,
exchange, or issuance ofcapital stock at a price above
par value. -Also termed capital surplus; premium
on capital stock.
reserved surplus. See appropriated surplus (1).
restricted surplus. A surplus with a limited or restricted
use; esp., the portion ofretained earnings that cannot
be distributed as dividends . The restriction is usu.
due to preferred dividends in arrears, a covenant in
a loan agreement, or some decision of the board of
directors. See retained earnings under EARNINGS.
revaluation surplus. Surplus that is gained when assets
are reappraised at a higher value. -Also termed
appreciation surplus.
trade surplus. The excess ofmerchandise exports over
merchandise imports during a specific period. Cf.
trade deficit under DEFICIT.
unearned surplus. Corporations. The total ofamounts
assigned to shares in excess ofstated capital, surplus
arising from a revaluation of assets above cost, and
contributions other than for shares, whether from
shareholders or others.
surplusage (s<lr-pl<ls-ij). (lSc) l. Redundant words in
a statute or legal instrument; language that does not
add meaning <the court must give effect to every word,
reading nothing as mere surplusage>. [Cases: Statutes
C='202, 206.] 2. Extraneous matter in a pleading <alle
gations that are irrelevant to the case will be treated
as surplusage>. [Cases: Indictment and Information
C='1l8.] "Surplusage is to be avoided. The perfection of pleading is
to combine the requisite certainty and precision with the
greatest possible brevity of statement. 'Surplusage' ...
includes matter of any description which is unnecessary to
the maintenance of the action or defense. The rule requires
the omission of such matter in two instances: (1) Where the
matter is wholly foreign and irrelevant to the merits of the
case. (2) When, though not wholly foreign, such matter
need not be stated." Benjamin J. Shipman, Handbook of
Common-Law Pleading  316, at 514 (Henry Winthrop Bal
lantine ed., 3d ed. 1923).
surplus earnings. See EARNINGS.
surplus-lines insurance. See INSURANCE.
surplus profit. See PROFIT (1).
surplus revenue. See appropriated retained earnings
under EARNINGS.
surplus water. See WATER.
surprise. (ISc) An occurrence for which there is no
adequate warning or that affects someone in an
unexpected way . In a trial, the procedural rules are
designed to limit surprise -or trial by ambush -as
much as possible. For example, the parties in a civil case
are permitted to conduct discovery, to determine the
essential facts of the case and the


possible. For example, the parties in a civil case
are permitted to conduct discovery, to determine the
essential facts of the case and the identities of possible
witnesses, and to inspect relevant documents. At trial,
if a party calls a witness who has not been previously
identified, the witness's testimony may be excluded ifit
would unfairly surprise and prejudice the other party.
And if a party has diligently prepared the case and is
nevertheless taken by surprise on a material point at
trial, that fact can sometimes be grounds for a new trial
or for relief from the judgment under Rules 59 and 60
of the Federal Rules of Civil Procedure.
surrebuttal (s<lr-ri-b<lt-;Jl). (1853) The response to the
opposing party's rebuttal in a trial or other proceed
ing; a rebuttal to a rebuttal <called two extra witnesses
in surrebuttal>. [Cases: Criminal LawC='683; Federal
Civil Procedure C='201S; Trial C='64.]
surrebutter (s;Jr-ri-b<lt-;Jr). Common-law pleading. (l7c)
The plaintiff's answer offact to the defendant's rebutter.
[Cases: Pleading C='185.]
surrejoinder (s;Jr-ri-joyn-d;Jr). Common-law pleading.
(l6c) The plaintiff's answer to the defendant's rejoinder.
See REPLICATION. [Cases: Pleading C='184.]
"Where the common-law system of pleading is in force, the
pleadings do not terminate with the plaintiff's replication.
The defendant may interpose a rejoinder to the replica
tion, and the plaintiff a surrejoinder to the defendant's
rejoinder. Then follows the rebutter, which in turn may
be met by a surrebutter." 61A Am. Jur. 2d Pleading  193,
at 192 (1981).
surrender, n. (ISc) 1. The act of yielding to another's
power or control. 2. The giving up of a right or claim;
RELEASE (1). [Cases: Release C=' 1.] 3. The return ofan
estate to the person who has a reversion or remain
der, so as to merge the estate into a larger estate. Cf.
MERGER (4).
"Merger bears a very near resemblance, in circumstances
and effect, to a surrender; but the analogy does not hold
in all cases, though there is not any case in which merger
will take place, unless the right of making and surrender

1582 surrender by bail
resided in the parties between whom the merger takes
place. To a surrender, it is requisite that the tenant of the
particular estate should relinquish his estate in favor of the
tenant of the next vested estate, in remainder or reversion.
But merger is confined to the cases in which the tenant of
the estate in reversion or remainder grants that estate to
the tenant of the particular estate, or in which the particular
tenant grants his estate to him in reversion or remainder.
Surrender is the act of the party, and merger is the act of
the law." 4 James Kent, Commentaries on American Law
*100 (George Comstock ed., 11th ed. 1866).
4. Commercial law. The delivery of an instrument so
that the delivery releases the deliverer from all liability.
[Cases: Bills and Notes C~438.1 5. A tenant's relin
quishment of possession before the lease has expired,
allowing the landlord to take possession and treat the
lease as terminated. -Also termed (in sense surren
der of term. [Cases: Landlord and Tenant 109.]
surrender, vb.
surrender by bail. (18c) A surety's delivery of a prisoner,
who had been released on bail, into custody. [Cases:
Bail C=>80.J
surrender by operation oflaw. (1836) An act that is an
equivalent to an agreement by a tenant to abandon
property and the landlord to resume possession, as
when the parties perform an act so inconsistent with
the landlord-tenant relationship that surrender is
presumed, or when a tenant performs some act that
would not be valid if the estate continued to exist.
[Cases: Landlord and Tenant 109,110,194.]
surrender clause. Oil & gas. A provision commonly
found in oil-and-gas leases authorizing a lessee to
release its rights to all or any portion of the leased
property at any time and to be relieved offurther obli
gations on the acreage surrendered. [Cases: Mines and
Minerals G':"::> 77.]
surrenderee. One to whom a surrender is made. See SUR
RENDER.
surrenderer. See SURRENDEROR.
surrender of a criminal. An officer's delivery of a
prisoner to the authorities in the appropriate jurisdic
tion. See EXTRADITION; RENDITION. [Cases: Extradition
and Detainers C=> 16,36.]
surrender ofa preference. Bankruptcy. The yielding ofa
voidable conveyance, transfer, aSSignment, or encum
brance by a creditor to the trustee as a condition of
allowing the creditor's claim. [Cases: BankruptcyC:)
2824.J
surrender ofcharter. Corporations. The dissolution of
a corporation by a formal yielding ofits charter to the
state under which it was created and the subsequent
acceptance of that charter by the state. [Cases: Corpo
rations C=>61O(1).]
"The surrender of a charter can be made only by some
formal, solemn act of the corporation, and will be of no
avail until accepted by the government. There must be the
same agreement ofthe parties to dissolve that there was to
form the compact. It is the acceptance which gives efficacy
to the surrender. Consent of the state is sometimes
by general statute." 19 Am. Jur. 2d Corporations
at 546 (1986). surrender ofcopyhold. Rist. The transfer by a tenant of
a copyhold estate by yielding it to the lord in trust for
the transferee according to the terms in the surrender.
 In normal practice, the tenant went to the steward
of the manor and delivered a rod, a glove, or other cus
tomary symbol, thereby conveying to the lord (through
the steward) all interest and title to the estate, in trust,
to be then granted by the lord to the transferee. See
COPYHOLD.
surrender ofterm. See SURRENDER (5).
surrenderor. One who surrenders; esp., one who yields
up a copyhold estate for conveyance. Also spelled
surrenderer. See COPYHOLD.
surrender to uses ofwill. Rist. A required yielding ofa
copyhold interest passed by will to the will's uses . The
requirement was abolished by St. 55 Geo. 3, ch. 192.
surrender value. See cash surrender value UDder VALUE
(2).
surreply. A movant's second supplemental response to
another party's opposition to a motion. Sometimes
written sur-reply. [Cases: Federal Civil Procedure
921.]
surreptitious (s<:lr-<:lp-tish-<:ls), adj. (15c) (Ofconduct)
unauthorized and clandestine; stealthily and usu.
fraudulently done <surreptitious interception ofelec
tronic communications is prohibited under wiretap
ping laws>. [Cases: Telecommunications
surreptitious-entry search warrant. See covert-entry
search warrant under SEARCH WARRANT.
surreptitious-entry warrant. See WARRANT (1).
surrogacy. 1. The act of performing some function in
the place of someone else. 2. The process of carrying
and delivering a child for another [Cases: Child
CustodyC=>274.5; Child Support Children Out
of-Wedlock C=>15; Parent and Child
gestational surrogacy. A pregnancy in which one
woman (the genetic mother) prOVides the egg, which is
fertilized, and another woman (the surrogate mother)
carries the fetus and gives birth to the child.
traditional surrogacy. A pregnancy in which a woman
provides her own egg, which is fertilized by artificial
insemination, and carries the fetus and gives birth to
a child for another person.
surrogacy contract. See SURROGATE-PARENTING AGREE
MENT.
surrogate (sar-<:l-git), n. (17c) 1. A substitute; esp., a
person appointed to act in the place of another <in
his absence, Sam's wife acted as a surrogate>. See SUR
ROGACY; surrogate mother under MOTHER. 2. A probate
judge <the surrogate held that the will was valid>. See
probate judge under JUDGE. 3. One who acts in place of
another. -surrogate, adj. -surrogacy (sar-<'I-g<:l-see),
surrogateship, n.
surrogate carrier. See surrogate mother (1) under
MOTHER.
surrogate court. See probate court under COURT.

1583
surrogate mother. See MOTHER.
surrogate parent. 1. See PARENT. 2. See surrogate mother
under MOTHER.
surrogate-parenting agreement. (1985) A contract
between a woman and typically an infertile couple
under which the woman provides her uterus to carry
an embryo throughout pregnancy; esp., an agreement
between a person (the intentional parent) and a woman
(the surrogate mother) providing that the surrogate
mother will (1) bear a child for the intentional parent,
and (2) relinquish any and all rights to the child. _ If
the surrogate mother is married, her husband must
also consent to the terms of the surrogacy contract.
The agreement usu. provides that the woman will relin
quish to the couple any parental rights she may have
upon the birth ofthe child. Complex issues arise con
cerning who is the parent of the resulting child: the
genetic donor ofegg or sperm, a spouse ofeither donor,
the surrogate, or the person intending to care for the
resulting child? American jurisdictions are split on the
interpretation and enforceability ofthese contracts.
Also termed surrogacy contract. See surrogate mother
under MOTHER; intended child under CHILD; intentional
parent under PARENT. [Cases: Child Custody (..'=274.5;
Child Support (;=63; Children Out-of-Wedlock (~15;
Parent and Child ~20.l
surrogate's court. See probate court under COURT.
surrounding circumstances. (1828) The facts underly
ing an act, injury, or transaction -usu. one at issue in
a legal proceeding.
sursise (S<lr-slz). [Law French] Hist. Neglect; omission.
sursum reddere (sar-s<lm red-;Jr-ee), vb. [Law Latin] Hist.
In conveyancing, to render up or surrender (property
rights, etc.).
sursum redditio (sar-s<lm r<l-dish-ee-oh). [Law Latin]
Hist. In conveyancing, a surrender of an estate by
mutual agreement.
surtax. See TAX.
surtax exemption. (18c) 1. An exclusion of an item from
a surtax. [Cases: Internal Revenue ~3633.12. An item
or an amount not subject to a surtax. See surtax under
TAX.
surveillance (s<lr-vay-bnts), n. (1802) Close observation
or listening ofa person or place in the hope ofgathering
evidence. surveil (s<lr-vayl), vb.
survey, n. (l6c) 1. A general consideration ofsomething;
appraisal <a survey of the situation>. 2. The measur
ing ofa tract ofland and its boundaries and contents; a
map indicating the results ofsuch measurements <the
lender requires a survey of the property before it will
issue a loan>.
government survey. A survey made by a governmental
entity of tracts ofland (as of townships and sections
and quarter-sections ofland). -Also termed (when
conducted by the federal government) congressional
survey. [Cases: Municipal Corporations (..'='42; Public
Lands ~23-28.1 surviving spouse
inclusive survey. A survey that includes within the
described boundaries land that is owned or claimed
by others and excluded from the survey's computed
area.
topographical survey. A survey that determines a prop
erty's elevation above sea level.
3. A governmental department that carries out such
measurements <please obtain the boundaries from
survey>. 4. A poll or questionnaire, esp. one examin
ing popular opinion <the radio station took a survey
of the concert audience>. 5. Maritime law. A written
assessment of the current condition of a vessel or
cargo. -Also termed (in sense 5) survey ofa vessel.
[Cases: Shipping 12.] survey, vb.
survey ofa vessel. See SURVEY (5).
surveyor (sJr-vaY-<lr), n. One who surveys land and
buildings. -surveyorship, n.
surveyor ofthe port. Hist. A U.S. customs revenue officer
appointed for each principal port ofentry to oversee the
inspection and valuation of imports. _ The office was
abolished in 1953.
survival action. (1938) A lawsuit brought on behalfofa
decedent's estate for injuries or damages incurred by
the decedent immediately before dying. _ A survival
action derives from the claim that a decedent would
have had -such as for pain and suffering -if he or
she had survived. In contrast is a claim that the benefi
ciaries may have in a wrongful-death action, such as for
loss of consortium or loss of support from the decedent.
Cf. WRONGFUL-DEATH ACTION. [Cases: Death ~1O.]
survival clause. Wills & estates. A testamentary provi
sion conditioning a bequest on a beneficiary's living
for a specified period, often 60 days, after the testa
tor's death. -I


a beneficiary's living
for a specified period, often 60 days, after the testa
tor's death. -Ifthe beneficiary dies within the stated
period, the testamentary gift usu. accrues to the resid
uaryestate. -Also termed surVivorship clause. Cf.
SIMULTANEOUS-DEATH CLAUSE.
survival statute. (1892) A law that modifies the common
law by allowing certain actions to continue in favor ofa
personal representative after the death of the party who
could have originally brought the action; esp., a law that
provides for the estate's recovery ofdamages incurred
by the decedent immediately before death. Cf. DEATH
STATUTE. [Cases: Death ~1O.1
survivance. The right ofsuccession (as to an office or to
an estate) of a survivor named before the death of the
incumbent or the holder.
surviving, adj. (l6c) Remaining alive; living beyond the
happening of an event so as to entitle one to a distri
bution ofproperty or income <surviving spouse>. See
SURVIVAL ACTION.
surviving corporation. See CORPORATION.
surviving partner. See PARTNER.
surviving spouse. See SPOUSE.

survivor 1584
survivor. (l5c) 1. One who outlives another. 2. A trustee
who administers a trust after the cotrustee has been
removed, has refused to act, or has died.
survivor-income benefit plan. See EMPLOYEE BENEFIT
PLAN.
survivorship. (l7c) 1. The state or condition ofbeing the
one person out oftwo or more who remains alive after
the others die. 2. The right ofa surviving party having a
joint interest with others in an estate to take the whole.
See RIGHT OF SURVIVORSHIP.
survivorship annuity. See ANNUITY.
survivorship clause. See SURVIVAL CLAUSE.
survivorship policy. See INSURANCE POLICY.
susceptibility. See SUBJECTION (3).
suspect, n. (l4c) A person believed to have committed a
crime or offense.
suspect, vb. 1. To consider (something) to be probable.
2. To consider (something) possible. 3. To consider (a
person) as having probably committed wrongdoing,
but without certain truth.
reasonably suspect. 1. To consider (something) to be
probable under circumstances in which a reasonable
person would be led to that conclusion. 2. To consider
(someone) as having probably committed wrongdo
ing under circumstances in which a reasonable person
would be led to that conclusion.
suspect class. (1952) A group identified or defined in a
suspect classification.
suspect classification. (1949) Constitutional law. A stat
utory classification based on race, national origin, or
alienage, and thereby subject to strict scrutiny under
equal-protection analysis . Examples oflaws creating
suspect classifications are those permitting only U.S.
citizens to receive welfare benefits and setting quotas
for the government's hiring ofminority contractors. See
STRICT SCRUTINY. Cf. FUNDAMENTAL RIGHT. [Cases:
Constitutional Law <:::=>30n, 3078.]
quasi-suspect classification. A statutory classification
based on gender or legitimacy, and therefore subject
to intermediate scrutiny under equal-protection
analysis. Examples of laws creating a quasi-sus
pect classification are those permitting alimony for
women only and providing for an all-male draft. See
INTERMEDIATE SCRUTINY. [Cases: Constitutional Law
<:::=>3074,3081.]
suspend, vb. (14c) 1. To interrupt; postpone; defer <the
fire alarm suspended the prosecutor's opening state
ment>. 2. To temporarily keep (a person) from per
forming a function, occupying an office, holding a job,
or exercising a right or privilege <the attorney's law
license was suspended for violating the Model Rules of
Professional Conduct>. [Cases: Licenses <:::=>38; Officers
and Public Employees <:::=>65.]
suspend the rules. Parliamentary law. To pass a motion
that overrides an agenda or other procedural rule, for
a limited time and purpose, so that the deliberative assembly may take some otherwise obstructed
action.
"When a body wishes to do something that cannot be
done without violating its own rules, but yet that is not in
conflict with the constitution or with any controlling statu
tory provision, it 'suspends the rules that interfere with'
the proposed action. Suspension differs from amendment
because it is limited in scope and in time. The object of the
suspension must be specified, and nothing falling outside
the stated limits of the motion to suspend the rules can
be done under the suspension." National Conference of
State Legislatures, Mason's Manual ofLegislative Procedure
 279, at 211 (2000).
suspendatur per collum (sas-pen-day-tar par kahl-am).
[Law French] Hist. Let him be hanged by the neck.
This phrase was written by a judge in the margin ofthe
sheriff's calendar, opposite the name ofa prisoner who
had been sentenced to death. -Abbr. sus. per coll.
"And now the usage is, for the judge to sign the calendar,
or list of all the prisoners' names, with their separate judg
ments in the margin, which is left with the sheriff. As, for
capital felony, it is written opposite to the prisoner's name,
'hanged by the neck;' formerly, in the days of Latin and
abbreviation, 'sus. per call.' for 'suspendatur per collum.'
And this is the only warrant that the sheriff has for so
material an act as taking away life of another." 4 William
Blackstone, Commentaries on the Laws of England 396
(1769).
suspended sentence. See SENTENCE.
suspended trading. See TRADING HALT.
suspense. (l5c) The state or condition of being suspended;
temporary cessation <a suspense ofjudgment>.
suspense account. See ACCOUNT.
suspense reserve. See appropriated retained earnings
under EARNINGS.
suspension. (l5c) 1. The act of temporarily delaying,
interrupting, or terminating something <suspension
of business operations> <suspension of a statute>. 2.
The state of such delay, interruption, or termination
<corporate transfers were not allowed because of the
suspension of business>. 3. The temporary depriva
tion of a person's powers or privileges, esp. of office or
profession; esp., a fairly stringent level oflawyer disci
pline that prohibits the lawyer from practicing law for
a specified period, usu. from several months to several
years <suspension of the bar license>. Suspension
may entail requiring the lawyer to pass a legal-ethics
bar examination, or to take one or more ethics courses
as continuing legal education, before being readmitted
to active practice. [Cases: Licenses <:::=>38; Officers and
Public Employees <:::=>65.J 4. The temporary withdrawal
from employment, as distinguished from permanent
severance <suspension from teaching without pay>.
[Cases: Labor and Employment <:::=>825.J 5. Eccles. law.
An ecclesiastical censure that can be temporary or per
manent, and partial or complete. See DEPRIVATION. 6.
Scots law. The process of staying a judgment pending
an appeal to the Supreme Court.
suspension ofarms. See TRUCE.
suspension ofjudgment. See STAY.

1585
suspension of trading. The temporary cessation of
all trading of a particular stock on a stock exchange
because ofsome abnormal market condition.
suspensive appeal. See APPEAL.
suspensive condition. See CONDITION (2).
suspensive veto. See suspensory veto under VETO.
suspensory veto. See VETO.
sus. per coll. abbr. SUSPENDATUR PER COLLUM.
suspicion. (14c) The apprehension or imagination ofthe
existence ofsomething wrong based only on inconclu
sive or slight evidence, or possibly even no evidence.
reasonable suspicion. (18c) A particularized and
objective basis, supported by specific and articulable
facts, for suspecting a person of criminal activity.
A police officer must have a reasonable suspicion to
stop a person in a public place. See STOP AND FRISK.
Cf. PROBABLE CAUSE. [Cases: Arrest
suspicious-activity report. (1996) A form that, as of
1996, a financial institution must complete and submit
to federal regulatory authorities if it suspects that a
federal crime has occurred in the course ofa monetary
transaction . This form superseded two earlier forms,
the criminal-referral form and the suspicious-transac
tion report. -Abbr. SAR. [Cases: Banks and Banking c= 151,188.5; United StatesC=34.]
suspicious character. (18c) In some states, a person
who is strongly suspected or known to be a habitual
criminal and therefore may be arrested or required to
give security for good behavior.
suspicious-transaction report. (1993) A checkbox on
IRS Form 4789 formerly (1990-1995) requiring banks
and other financial institutions to report transactions
that might be relevant to a violation ofthe Bank Secrecy
Act or its regulations or that might suggest money
laundering or tax evasion. _ This checkbox, like the
criminal-referral form, has since been superseded by
the suspicious-activity report. Abbr. STR. [Cases:
Banks and Banking C:;:, 151.)
sustain, vb. (Be) 1. To support or maintain, esp. over
a long period <enough oxygen to sustain life>. 2. To
nourish and encourage; lend strength to <she helped
sustain the criminal enterprise>. 3. To undergo; suffer
<Charles sustained third-degree burns>. 4. (Of a court)
to uphold or rule in favor of <objection sustained>. 5.
To substantiate or corroborate <several witnesses sus
tained Ms. Sipes's allegation>. 6. To persist in making
(an effort) over a long period <he sustained his vow of
silence for the last 16 years ofhis life>. -sustainment,
sustentation, n. sustainable, adj.
suthdure (suuth-door). Hist. Eccles. law. The south door
ofa church, where purgations and other acts were per
formed and complaints were heard and resolved.
suum cuique tribuere (s[y)oo-dm k[wJI-kwee tri-byoo
dr-ee), vb. [Latin] Roman law. To render to every person
his due. This was one ofthe three general precepts in
which Justinian expressed the requirements ofthe law.
Cf. ALTERUM NON LAEDERE; HONESTE VIVERE. swearing behind
suus heres (s[y]OO-dS heer-eez). [Latin] Roman law. An
heir in the power of the deceased, by whom accep
tance of the inheritance was not necessary. See SUI
HEREDES.
suus judex (s[yJOO-dS joo-deks). [Law Latin] Hist. A
proper judge in a cause.
suzerain (soo-zd-rin or -rayn), n. [Law French] 1. Hist.
A Crown tenant; a tenant in capite holding an estate
immediately of the Crown. 2. Int'I law. A nation that
exercises control over another nation's foreign rela
tions. Also spelled suzereign.
suzerainty (soo-zd-rin-tee or -rayn-tee). 1. Hist. The
power of a feudal overlord to whom fealty is due. See
FEALTY. 2. Int'llaw. The dominion of a nation that
controls the foreign relations of another nation but
allows it autonomy in its domestic affairs.
"At the present time there appears to be no instance of a
relation between states which is described as a suzerainty.
The term was applied to the relation between Great Britain
and the South African Republic, and also to that between
Turkey and Bulgaria from 1878 to 1909, but it seems likely
to disappear from diplomatic terminology." J.L. Brierly, The
Law ofNations 128 (5th ed. 1955).
suzereign. See SUZERAIN.
S.W. abbr. SOUTH WESTERN REPORTER.
swamp and overflowed land. See LAND.
swap, n. Commercial law. 1. An exchange ofone security
for another. 2. A financial transaction between two
parties, usu. involVing an intermediary or dealer, in
which payments or rates are exchanged over a specified
period and according to specified conditions.
currency swap. An agreement to swap specified
payment obligations denominated in one currency
for specified payment obligations denominated in a
different currency.
stock swap. In a corporate reorganization, an exchange
ofone corporation's stock for another corporation's
stock. Also termed stock10r-stock exchange.
swarfmoney. Hist. A payment made in lieu ofthe service
of maintaining a lord's castle.
swatting, n. Slang. The act offalsely telephoning a report
ofa serious crime or emergency in progress in order to
provoke a response from a law-enforcement agency, esp.
the dispatch ofa SWAT (Special Weapons and Tactics)
team. Swatting schemes are often elaborate, involv
ing the use ofelectronic tools to mask the caller's true
identity and location, such as VOice-changing devices,
fake caller-IDs, and the like. swatter, n.
swear, vb. (bef. 12c) 1. To administer an oath to (a
person). [Cases: Oath 2. To take an oath. 3. To
llse obscene or profane language.
swearing behind. Patents. A patent applicant's shOWing
that an invention was conceived of


language.
swearing behind. Patents. A patent applicant's shOWing
that an invention was conceived of or reduced to
practice before the effective date of a prior-art refer
ence cited by a patent examiner as grounds for rejecting
an application. 37 CFR  1.131. -Also termed swearing
behind the reference. See ANTEDATING OF A PRIOR

swearing contest 1586
ART REFERENCE.[Cases: Patents C:>91(.S).] -swear
behind, vb.
swearing contest. See SWEARING MATCH.
swearing-in, n. (1900) The administration of an oath to
a person who is taking office or testifying in a legal pro
ceeding. See OATH. [Cases: Officers and Public Employ
ees C=>36(l).]
swearing match. (1907) A dispute in which determining
a vital fact involves the credibility choice between one
witness's word and another's the two being irrecon
cilably in conflict and there being no other evidence.
 In such a dispute, the fact-finder is generally thought
to believe the more reputable witness, such as a police
officer over a convicted drug-dealer. -Also termed
swearing contest; oath against an oath.
swearing the peace. Hist. 1he giving of proofto a mag
istrate that one fears for one's own safety, so that the
magistrate will order the troublemaker to keep the
peace by issuing a supplicavit. See SUPPLICAVIT.
swear out, vb. (1850) To obtain the issue of (an arrest
warrant) by making a charge under oath <Franklin
swore out a complaint against Sutton>.
sweat equity. (1966) Financial equity created in property
by the owner's labor in improving the property <the
lender required the homeowner to put 300 hours of
sweat equity into the property>.
sweating. (1824) Criminal procedure. The illegal interro
gation of a prisoner by use of threats or similar means
to extort information.
sweat-of-the-brow doctrine. Copyright. The now
discarded principle that copyrights can protect the
labor and expense that went into a work, rather than
the work's originality . The Supreme Court rejected
the sweat-of-the-brow doctrine in Feist Pubs., Inc. v.
Rural Tel. Servs. Co., 499 U.S. 340, 111 S.Ct. 1282 (1991).
Cf. SWEATWORK. [Cases: Copyrights and Intellectual
Property C:> 12(1).]
sweatshop. (1890) Slang. A business where the employees
are overworked and underpaid in extreme conditions;
esp., in lawyer parlance, a law firm that requires associ
ates to work so hard that they barely (if at all) maintain
a family or social life though the firm may, in return,
pay higher salaries.
sweatwork. Slang. A compilation, esp. a searchable
computer database, that does not qualify for u.s. copy
right protection because the underlying facts are not
copyrightable and the compilation is not a nontrivial
arrangement . New forms of intellectual-property
laws are aimed at protecting the "sweat-of-the-brow"
investment that goes into compiling databases. Cf.
SWEAT-OF- THE-BROW DOCTRINE. [Cases: Copyrights
and Intellectual Property C:> 12(3).]
sweeping, adj. 1. Comprehensive in scope <a sweeping
objection><sweeping legislation>. 2. Overwhelming
<sweeping voter turnout>.
Sweeping Clause. See NECESSARY AND PROPER CLAUSE. sweepstakes. 1. A race (esp. a horse race) in which the
winner's prize is the sum of the stakes contributed by
the various competitors. 2. A contest, often for pro
motional purposes, that awards prizes based on the
random selection of entries. State and federal laws
prohibit conducting a sweepstakes as a scheme to
obtain money or property through the mail by false
representations. 39 USCA  3005. [Cases: GamingC:>
62; Lotteries C:>3.]
sweetener. 1. An inducement offered to a brokerage
firm to enter into an underwriting arrangement with
an issuer. 2. A special stock feature (such as convert
ibility) that enhances the stock's marketability.
sweetheart deal. A collusive agreement; esp., a collec
tive-bargaining agreement made as a result of collusion
between an employer and a union representative, usu.
allowing the employer to pay lower wages in exchange
for payoffs to the union representative.
sweiu (swayn). Hist. A forest freeholder. Also spelled
swain.
sweinmote (swayn-moht). Hist. A forest court held three
times a year, before verderors as judges and freehold
ers of the forest as jurors, to try forest offenses. -Also
spelled swainmote; swanimote; swainemote; swainge
mote.
"The court of sweinmote is to be holden before the verd
erors, as judges, by the steward of the sweinmote thrice
in every year .... The principal jurisdiction of this court
is, first, to enquire into the oppressions and grievances
committed by the officers of the forest ... and, secondly,
to receive and try presentments certified from the court
of attachments against offences in vert and venison." 3
William Blackstone, Commentaries on the Laws ofEngland
72 (1768).
swell, n. 1. An expansion in the bulk of something <a
swell resulting from defective canning procedures>.
2. A gradual rise ofsomething <a swell of damages>.
3. A large, unbroken wave; the collective waves, par
ticularly following a storm <a rough swell caused the
shipwreck>.
swift witness. See zealous witness under WITNESS.
swindle, vb. (18c) To cheat (a person) out of property
<Johnson swindled Norton out of his entire savings>
<Johnson swindled Norton's entire savings out of
him>. -swindle, n. -swindling, n.
swindler. A person who willfully defrauds or cheats
another.
swinging-door chad. See CHAD.
swing loan. See bridge loan under LOAN.
swing vote. (1962) The vote that determines an issue
when all other voting parties, such as appellate judges,
are evenly split.
swipe, vb. 1. To strike or try to strike with a swinging
blow <the cat swiped its claws across my hand>. 2.
To steal <the thief swiped the ring out of the display
case>. 3. To pass a card with a magnetic stripe through
a machine that reads the stripe <I swiped my credit

1587
card through the pay phone's reader and made my
call>. -Sometimes termed (in sense 3) wipe.
switching. In mutual funds, the practice ofselling shares
in one fund to buy shares in another.
swoling (swuul-ing). Rist. The quantity ofland that
can be plowed in a year; a hide ofland. -Also spelled
suling (suuI-lng); sulung (suu-Iuung). Also termed
swoling ofland.
sworn brothers. Hist. Persons who, by mutual oaths,
swear to share in each other's fortunes.
sworn clerks in chancery. Hist. Certain officers in the
Court of Chancery who assist the six principal clerks
by performing clerical tasks, including keeping records
and making copies of pleadings. lhe offices were
abolished in 1842 by the Court of Chancery Act. St. 5
& 6 Vict., ch. 103. -Also termed sixty clerks.
sworn statement. See STATEMENT.
SYD. abbr. Sum of the years' digits. See sum-of-the
years'-digits depreciation method under DEPRECIATION
METHOD.
SYD method. See sum-of-the-year's-digits depreciation
method under DEPRECIATION METHOD.
syllabus (sil-a-bas). 1. An abstract or outline ofa topic or
course ofstudy. 2. A case summary appearing before the
printed judicial opinion in a law report, briefly reciting
the facts and the holding of the case . 'The syllabus is
ordinarily not part of the court's official opinion.
Sometimes termed headnote. Cf. HEADNOTE. PI. syl
labuses, syllabi (sil-a-br).
symbiotic-relationship test. (1973) The standard by
which a private person may be considered a state
actor -and may be liable for violating someone's
constitutional rights -if the relationship between
the private person and the government is so dose that
they can fairly be said to be acting jointly. _ Private
acts by a private person do not generally create liability
for violating someone's constitutional rights. But if a
private person violates some one's constitutional rights
while engaging in state action, the private person, and
possibly the government, can be held liable. State action
may be shown by proving that the private person and
the state have a mutually dependent (symbiotic) rela
tionship. For example, a restaurant in a public parking
garage was held to have engaged in discriminatory state
action by refusing to serve African-Americans. Burton
v. Wilmington Parking Authority, 365 U.S. 715, 81 S.Ct.
856 (1961). There, the Court found a symbiotic rela
tionship because the restaurant relied on the garage
for its existence and Significantly contributed to the
municipal parking authority's ability to maintain the
garage. But the symbiotic-relationship test is strictly
construed. For example, the fact that an entity receives
financial support from -or is heavily regulated by
the government is probably insufficient to show a sym
biotic relationship. lbus, although a state had granted a
partial monopoly to a public utility, the Court refused
to find a symbiotic relationship between them. Jackson
v. Metropolitan Edison Co., 419 U.S. 345,95 S.Ct. 449 synergism
(1974). See JOINT-PARTICIPATION TEST. Cf. STATE-COM
PULSION TEST; NEXUS TEST. (Cases: Civil Rights
1326(5,7); Constitutional Law C--:::>1061.]
symbolaeography (sim-b<l-lee-og-ra-fee). The art of
drafting legal instruments.
symbolic, adj. (Ofa signature) consisting ofa symbol or
mark. Cf. ONOMASTIC (2); HOLOGRAPH.
symbolic delivery. See DELIVERY.
symbolic speech. See SPEECH.
symbolum animae (sim-ba-lam an-<l-mee). [Latin] Rist.
A mortuary. See MORTUARY (2).
sympathy strike. See STRIKE.
synallagmatic contract. See CONTRACT.
synchronization license. See LICENSE.
syndic (sin-dik), n. [French "governmental representa
tive"]!. An agent (esp. ofa government or corporation)
appointed to transact business for others. 2. Civil law. A
bankruptcy trustee. [Cases: Bankruptcy (;:~3001.]
syndicalism (sin-di-b-liz-am), n. A direct plan or
practice implemented by trade-union workers seeking
to control the means of production and distribution,
esp. by using a general strike. -syndicalist, n.
criminal syndicalism. Any doctrine that advocates or
teaches the use ofillegal methods to change industrial
or political control.
syndicate (sin-di-kit), n. (17c) A group organized for
a common purpose; esp., an association formed to
promote a common interest, carry out a particular
business transaction, or (in a negative sense) organize
criminal enterprises. See ORGANIZED CRIME. -syndi
cate (sin-di-kayt), vb. -syndication (sin-di-kay-shan),
n. -syndicator (sin-di-kay-t<lr), n.
buyingsyndicate. A group ofinvestment bankers who
share the risk in underwriting a securities issue.
syndicate book. Securities. A list of investors who have
expressed an interest in purchaSing shares in a forth
coming public offering . The lead managing under
writer of the offering compiles and maintains the list
during the offering.
syndicating. l. Ihe act or process offorming a syndicate.
2. The gathering ofmaterials for newspaper publication
from various writers and distribution of the materi
als at regular intervals to newspapers throughout the
country for publication on the same day.
syndicus (sin-di-bs), n. [Latin "advocate" fr. Greeksyn
"with" + dike "lawsuit"] Roman law. One chosen (by a
corporate body such as a municipality, college, etc.) to
represent it at law. See SYNDIC.
synergism (sin-ar-jiz-am), n. Patents. 1. A combination
of known elements or functions that create a result
greater than the sum of the individual elements or
functions. Demonstrating that synergism exists is
sometimes useful in proving nonobviousness. The U.S.
Supreme Court held that synergism was a requirement
for a combination patent in Great Atl. & Pac. Tea Co. v.

1588 syngraph
Supermarket Equip. Corp., 340 U.S. 147 (1950). But that
holding was overturned by the Patent Act of 1952. 35
USCA  103. [Cases: Patents G~26(1.5).12. A patent
able device that produces a new or different function or
an unusual or surprising consequence. -Also termed
synergy; synergistic result. -synergistic (sin-Jr-jis-tik),
synergetic (sin-Jr-jet-ik), adj.
syngraph (sin-graf). A written contract or bond Signed
by all the parties.
synod (sin-<ld). Eccles. law. An ecclesiastical council
lawfully assembled to determine church matters;


synod (sin-<ld). Eccles. law. An ecclesiastical council
lawfully assembled to determine church matters; esp., a
meeting of several adjoining presbyteries in the Presby
terian church. [Cases: Religious Societies 12.)
diocesan synod (dy-os-<l-s<ln). A synod composed of
clergy from one diocese.
general synod. A synod composed ofbishops from all
nations. Also termed universal synod.
national synod. A synod composed of clergy from a
single nation.
provincial synod. A synod composed of clergy from a
single province. -Also termed convocation.
synodal (sin-Cl-dJI), n. 1. A collection of ordinances of
diocesan synods. 2. A tribute ofmoney given by clergy
to a bishop at the Easter visitation. synodales testes (sin-<l-day-Ieez tes-teez), n. [Law Latin
"synods-men"] Hist. Persons who gave evidence at
synods (or later at visitations), informing them ofmis
conduct by clergy or laity.
synodsman. See SIDESMAN.
synopsis (si-nop-sis), n. (17c) A brief or partial survey:
a summary or outline; HEADNOTE. synopsize (si
nop-sIz), vb.
synthetic lease. See LEASE.
synthetic rule. See QUANTITATIVE RULE.
systematic jurisprudence. See expository jurisprudence
under JURISPRUDENCE.
systematic violation. (1980) Civil-rights law. An employ
er's policy or procedure that discriminates against an
employee. Such a policy or procedure will usu. be
considered a continuing violation. So an employee's
claim of unlawful discrimination will not be barred
as untimely as long as some discriminatory effect of
the policy or procedure occurs within the limitations
period (e.g., 300 days for a Title VII claim). Cf. SERIAL
VIOLATION. [Cases: Civil Rights 1505(7).]

T
T. Hist. 1. A letter branded on the base of the thumb of
a person who claimed the benefit of clergy to prevent
the person from claiming it again . 'Ibis practice was
formally abolished by the Criminal Statutes (England)
Repeal Act of 1827. 2. In Pennsylvania, a letter sewn
onto the left sleeve ofa convicted thief . This letter
required by a 1698 statute -had to be at least four
inches high and of a different color from the rest of
the garment.
TAB. abbr. TAX-ANTIClPATION BILL.
table, n. 1. A synopsized representation, esp. in columnar
form, of the particulars of a subject, usu. to present
diverse items in a way that can be more easily under
stood. Examples include actuarial tables, genealogical
tables (which show the names and relationships of all
the persons constituting a family), and interest tables.
2. A formulation oflaws inscribed on tablets, such as
the Twelve Tables of Roman law. See TWELVE TABLES.
3. Parliamentary law. The secretary's desk.
table, vb. (1849) Parliamentary law. (Of a deliberative
assembly) to set aside the pending business until the
assembly votes to resume its consideration . A matter
that has been tabled may be brought up again by a
vote of the assembly. -Also termed lay on the table;
postpone temporarily.
"The early name of the motion to postpone temporarily was
'lay on the table.' (In American usage the phrase has been
shortened, and the motion is now generally referred to as
the motion 'to table.') The term grew out of the legislative
custom of literally laying a bill awaiting further consider
ation on the clerk's table.
"The reference to 'laying the motion on the table' or
'tabling' is still widely used, but the more precise term,
'postpone temporarily,' is preferred when that is its
purpose, because the term is self-explanatory.
"Sometimes, however, the purpose of the motion is not
merely to postpone temporarily, but to set the motion
aside indefinitely -in effect, to 'kill' it ...." Alice Sturgis,
The Standard Code ofParliamentary Procedure 70 (4th ed.
2001).
2. English law. To put forward (a bill, proposal, resolu
tion, etc.) for consideration and discussion by a legisla
tive or deliberative assembly.
tableau of distribution. Civil law. A list of creditors of
an estate, stating what each is entitled to. Seejudgment
homologating the tableau under JUDGMENT.
tableaux vivant. Copyright. A performance by actors
dressed as characters in a painting and acting out the
event portrayed in the painting.
table ofauthorities. See INDEX OF AUTHORITIES.
table of cases. (18c) 1. An alphabetical list of the cases
cited in a brief or lawbook, usu. prefixed or appended
to it, with one or more page or section numbers showing where in the text each case is cited. 2. INDEX
OF AUTHORITIES.
Tablets ofAmalfi. See AMALPHITAN CODE.
tabula in naufragio. [Latin "the last plank from the ship
wreck"] Something added to a lawsuit, often on appeal,
as a last-ditch argument or as an afterthought.
tabula rasa (tab-Y<:l-l<:l rah-s<:l or -Z<:l). [Latin "scraped
tablet"] (16c) A blank tablet ready for writing; a clean
slate. PI. tabulae rasae (tab-Yd-Iee-rahs-r).
tabular form. See SUBPARAGRAPH FORM.
tabulis exhibendis. See DE TABULrs EXHIBENDIS.
T-account. An accounting form shaped like the letter
T, with the account's name above the horizontal line,
debits listed to the left of the vertical line, and credits
to the right.
tacere per quadriennium utile (td-seer-ee pdf kwod
ree-en-ee-<:lm yoo-t<:l-lee). [Law Latin) Hist. To be
silent throughout the four years after majority . A
person is estopped from challenging a deed made when
that person was a minor if the right is not exercised
within the four years after the person reaches the age
ofmajority.
tacit (tas-it), adj. (l7c) 1. Implied but not actually
expressed; implied by silence or silent acquiescence
<a tacit understanding> <a tacit admission>. 2. Civil
law. Arising by operation of law; constructive <a
tacit mortgage> <tacit relocation>. La. Civ. Code art.
3506(30). -tacitly, adv.
tacit acceptance. Civil law. l. An acceptance of an offer
indicated by circumstances or operation oflaw rather
than express words. La. Civ. Code art. ] 927. 2. An
acceptance of an inheritance, indicated by the heir's
doing some act that shows an intent to accept it and
that the heir would have no right to do except in that
capacity. [Cases: Descent and Distribution
119(2).]
tacit admission. See implied admission under ADMIS
SION (1).
tacit collusion. See CONSCIOUS PARALLELISM.
tacit contract. See CONTRACT.
tacit dedication. See DEDICATION.
tacit hypothecation. See HYPOTHECATION.
tacit law. See LAW.
tacit mortgage. 1. See legal mortgage under MORTGAGE.
2. See tacit hypothecation under HYPOTHECATION.
tadt prorogation. See PROROGATION.
tacit relocation. The implied or constructive renewal of
a lease, usu. on a year-to-year basis, when the landlord
and tenant have failed to indicate their intention to

1590 tacit-relocation doctrine
have the lease terminated at the end of the original
term. [Cases: Landlord and Tenant 115(1).]
tacit-relocation doctrine. The principle under which
a lease is presumed to continue (usu. for a one-year
period) beyond its expiration date because of the
parties' failure to indicate that the agreement should
terminate at the stipulated date. [Cases: Landlord and
Tenant (:::;:> 115(1).]
tacit remission. See REMISSION.
tack, n. Scots law. A deed creating a lease of land or
other immovable property for an annual rent payable
in money, services, or fruits produced on the land.
The lessee may be referred to as a tacksman or tacks
woman. -tack, vb.
tack, vb. 1. To add (one's own period ofland possession)
to a prior possessor's period to establish continuous
adverse possession for the statutory period. [Cases:
Adverse Possession 2. To annex (a junior lien)
to a first lien to acquire priority over an intermediate
lien.
'"It is the established doctrine in the English law, that if
there be three mortgages in succession, and all duly reg
istered, or a mortgage, and then a judgment, and then a
second mortgage upon the estate, the junior mortgagee
may purchase in the first mortgage, and tack it to his
mortgage, and by that contrivance 'squeeze out' the middle
mortgage and gain preference over it. The same rule would
apply if the first as well as the second incumbrance was a
judgment; but the incumbrancer who tacks must always
be a mortgagee, for he stands in the light of a bona fide
purchaser, parting with his money upon the security of the
mortgage." 4 James Kent, Commentaries on American Law
*176 (George Comstock ed., 11th ed. 1866).
3. Scots law. To lease land or another immovable for
an annual rent payable in money, services, or fruits
produced on the land.
tacking. (18c) 1. The joining of consecutive periods of
possession by different persons to treat the periods as
one continuous period; esp., the adding of one's own
period ofland possession to that ofa prior possessor to
establish continuous adverse possession for the statu
tory period. See ADVERSE POSSESSION. [Cases: Adverse
Possession (:::::>43.] 2. The joining ofa junior lien with
the first lien in order to acquire priority over an inter
mediate lien. [Cases: Mortgages (;~::) 151(2).]
Taft-Hartley Act. See LABOR-MANAGEMENT RELATIONS
ACT.
Taft-Hartley fund, See joint-welfare fund under FUND
(1).
tail, n. (14c) The limitation of an estate so that it can be
inherited only by the fee owner's issue or class ofissue.
See FEE TAIL; ENTAIL. Also termed (in Scots law)
tailzie (tay-Iee). lCases: Descent and Distribution C=
29; Estates in Property 12; Wills (:::::>604.]
several tail. A tail that designates two separate heirs or
classes of heirs who are eligible to inherit.
tail female. (ISc) A limitation to female heirs. [Cases:
Estates in Property Wills (:::::)605.] tail general. (15c) 1. A tail limited to the issue of
a particular person, but not to that of a particular
couple. -Also termed general tail. 2. See tail male.
[Cases: Estates in Property Wills (,~604.1
tail male. (17c) A limitation to male heirs. Also
termed tail general. [Cases: Estates in Property
12; Wills (:::::>604.]
tail special. (15c) A tail limited to specified heirs of
the donee's body. -Also termed special tail. [Cases:
Estates in Property C='12; Wills (:::::>604.]
"Estates-tail are either general, or special . ... Tenant in tail
special is where the gift is restrained to certain heirs ...
and does not go to all of them in general. And this may
happen in several ways. I shall instance in only one: as
where lands and tenements are given to a man and the
heirs ofhis body. on Mary his now wife to be begotten; here
no issue can inherit, but such special issue as is engen
dered, between them two; not such as the husband may
have by another wife; and therefore it is called special tail."
2 William Blackstone, Commentaries on the Laws ofEngland
113-14 (1766).
tail coverage. Insurance. An extension ofa claims-made
profeSSional-liability policy to protect against claims
and lawsuits filed after the end of the policy period
but based on negligent acts that occurred during the
policy period. -Also termed extended-reporting
period endorsement. Cf. PRIOR-ACTS COVERAGE. [Cases:
Insurance 92266.]
tailzie (tay-Iee), n. Scots law. 1. See ENTAIL. 2. See TAIL.
taint, n. (16c) 1. A conviction of felony. 2. A person so
convicted. See ATTAINDER.
taint, vb. (14c) 1. To imbue with a noxious quality or
principle. 2. To contaminate or corrupt. 3. To tinge or
affect slightly for the worse. taint, n.
tainted evidence. See EVIDENCE.
tainted stock. See STOCK.
take, vb. (bef. 12c) 1. To obtain possession or control,
whether legally or illegally <it's a felony to take that
property without the owner's consent>. 2. To seize
with authority; to confiscate or apprehend <take the
suspect into custody>. 3. To acquire (property) for
public use by eminent domain; (of a governmental
entity) to seize or condemn property <the state took
the land under its eminent-domain powers>. [Cases:
Eminent Domain C-::> 1-65.] 4. To acquire possession
by virtue ofa grant oftitle, the use ofeminent domain,
or other legal means; esp., to receive property by will
or intestate succession <the prob


, the use ofeminent domain,
or other legal means; esp., to receive property by will
or intestate succession <the probate code indicates the
proportions according to which each heir will take>.
See TAKING. 5. To claim one's rights under <she took
the Fifth Amendment>.
take a default judgment. To reduce to final judgment
a defendant's failure to timely answer a lawsuit. -The
process usu. involves informing the court of the defen
dant's failure to answer, proving damages, and sub
mitting a proposed judgment for the judge to Sign. See
DEFAULT JUDGMENT. [Cases: Federal Civil Procedure
C='2423; Judgment (:::::>92-131.]

1591
take a deposition. To obtain the testimony ofa witness
by deposition. See DEPOSITION (1). [Cases: Federal Civil
Procedure C=> 1371; Pretrial Procedure (,~d91.]
take away, vb. Hist. To entice or persuade (a female
under the age of 18) to leave her family for purposes of
marriage, prostitution, or illicit sex. See ABDUCTIO:N
(2).
take back, vb. (18c) To revoke; to retract.
take by stealth. (16c) To steal (personal property); to
pilfer or filch. [Cases: Larceny C=> I, 12.]
take care of. (16c) 1. To support or look after (a person).
2. To pay (a debt). 3. To attend to (some matter).
take delivery. (1829) To receive something purchased or
ordered; esp., to receive a commodity under a futures
contract or spot-market contract, or to receive securi
ties recently purchased.
take effect, vb. (14c) L To become operative or executed.
2. To be in force; to go into operation.
take from the table. Parliamentary law. To resume
consideration of (business previously tabled). -Also
termed resume consideration.
take-home pay. Gross wages or salary reduced by deduc
tions such as income taxes, social-security taxes, vol
untary contributions, and union dues; the net amount
ofa paycheck.
take-it-or-Ieave-it contract. See adhesion contract under
CONTRACT.
take-nothing judgment. See JUDGMENT.
take-or-pay contract. See CONTRACT.
takeover. Ihe acquisition of ownership or control of a
corporation. - A takeover is typically accomplished by
a purchase ofshares or assets, a tender offer, or a merger.
[Cases: Securities Regulation C=>52.10-52.26.]
friendly takeover. A takeover that is approved by the
target corporation.
hostile takeover. A takeover that is resisted by the target
corporation. -Also termed unfriendly takeover.
[Cases: Corporations C=>31O(1).]
unfriendly takeover. See hostile takeover.
takeover agreement. See AGREEMENT.
takeover bid. An attempt by outsiders to wrest control
from the incumbent management ofa target corpora
tion. -Also termed tender offer. See TENDER OFFER.
takeover defense. A measure taken by a corporation to
discourage hostile takeover attempts. Often short
ened to defense. -Also termed shark repellent.
structural takeover defense. A legal mechanism
adopted by a corporation to thwart any future
takeover bid without having any financial or opera
tional effect on the target corporation.
transactional takeover defense. A financial or oper
ational transaction designed to make a present or
future takeover bid more difficult by raising a comtaking
bidder's profit. -Examples include issuing new shares
ofstock, acquiring expensive assets, and adopting a
poison-pill defense. See POISON PILL; PORCUPINE PRO
VISION.
takeover offer. See TENDER OFFER.
taker, n. (ISc) A person who acquires; esp., one who
receives property by will, by power ofappointment, or
by intestate succession. [Cases: Descent and Distribu
tion C=>20-41; Wills (:=:'492-5] 1.]
first taker. (18c) A person who receives an estate that is
subject to a remainder or executory devise.
presumptive taker. A person who would take under the
applicable provisions if the takers were to be finally
ascertained at the present moment. [Cases: Wills (;=
849.]
taker in default. (1911) A person who will receive
property not effectively appointed; esp., a person
designated by a donor to receive property under a
power of appointment ifthe donee fails to exercise
that power.
take the Fifth. To assert one's right against self-incrim
ination under the Fifth Amendment. - A common but
loose variant ofthe phrase is plead the Fifth; invoking
the right is not a plea. See RIGHT AGAINST SELF-INCRIM
INATION. [Cases: Criminal Law (:=)393(1).]
take the witness. You may now question the witness. _
This phrase is a lawyer's courtroom announcement that
ends one side's questioning and prompts the other side
to begin its questioning. Synonymous phrases are your
witness and pass the witness.
take up, vb. 1. To payor discharge (a note). [Cases: Bills
and Notes (;=428, 436.] 2. To retire (a negotiable
instrument); to discharge one's liability on (a negotiable
instrument), esp. the liability ofan indorser or acceptor.
3. To purchase (a note).
taking, n. (14c) 1. Criminal & tort law. The act ofseizing
an article, with or without removing it, but with an
implicit transfer of possession or control.
constructive taking. (1843) An act that does not equal
an actual appropriation of an article but that does
show an intention to convert it, as when a person
entrusted with the possession ofgoods starts using
them contrary to the owner's instructions.
2. Constitutional law. The government's actual or effec
tive acquisition of private property either by ousting
the owner or by destroying the property or severely
impairing its utility. -There is a taking of property
when government action directly interferes with or
substantially disturbs the owner's use and enjoyment
of the property. -Also termed constitutional taking.
See CONDEM:NATION (2); EMINENT DOMAr:N. [Cases:
Eminent Domain C=>2.]
actual taking. See physical taking.
de facto taking (di fak-toh). (1921) 1. Interference with
the use or value or marketability ofland in anticipa
tion of condemnation, depriving the owner of rea
pany's share price, paying off the bidder, or reducing a i sonable use and thereby triggering the obligation to

1592 taking a case from the jury
pay just compensation. 2. A taking in which an entity
clothed with eminent-domain power substantially
interferes with an owner's use, possession, or enjoy
ment ofproperty. [Cases: Eminent Domain (;::::>2.]
permanent taking. A government's taking ofproperty
with no intention to return it. -The property owner
is entitled to just compensation. [Cases: Eminent
Domain (;::::>69, 122.]
physical taking. A physical appropriation ofan owner's
property by an entity clothed with eminent-domain
authority. -Also termed actual taking. [Cases:
Eminent Domain
temporary taking. A government's taking of property
for a finite time. _ The property owner may be entitled
to compensation and damages for any harm done
to the property. [Cases: Eminent Domain 114,
143.]
taking a case from the jury. See directed verdict under
VERDICT.
Takings Clause. (1955) The Fifth Amendment provi
sion that prohibits the government from taking private
property for public use without fairly compensating
the owner. -Also termed Just Compensation Clause.
See EMINENT DOMAIN. [Cases: Eminent Domain
69,70.]
taking the Fifth. See TAKE THE FIFTH.
tales (tay-leez or taylz). [Latin, pI. of taUs "such," in the
phrase tales de circumstantibus "such of the bystand
ers"] (15c) 1. A supply ofadditional jurors, usu. drawn
from the bystanders at the courthouse, summoned to
fill a panel that has become deficient in number because
of juror challenges or exemptions. 2. A writ or order
summoning these jurors.
tales-juror. See TALESMAN.
talesman (taylz-man or tay-leez-man). Archaic. 1. A
person selected from among the bystanders in court
to serve as a juror when the original jury panel has
become deficient in number. [Cases: Jury (;::::>72.] 2.
VENIREMEMBER. -Also termed tales-juror.
talisman (tal-is-man), n. A charm, amulet, or other
physical thing supposedly capable ofworking wonders
<private property is not some sacred talisman that
can never be touched by the state it can be taken
for public use as long as the owner is justly compen
sated>. talismanic (tal-is-man-ik), adj.
talis qualis (tay-lis kway-lis). [Latin] Hist. Such as it is.
- A purchaser who accepts title as it stands at the time
ofsale takes the title taUs qualis.
tallage. 1. Hist. An arbitrary tax levied by the monarch
on towns and lands belonging to the crown. -Royal
tallages were abolished in the 14th century when Par
liament gained the power to approve or disapprove
the monarch's direct-taxation schemes. 2. Hist. A
levy demanded by a feudal lord from tenants in lieu
of the tenants' provision of goods and services. _ The
timing and amount ofthe levy varied according to local
custom, type of tenure, and caprice. 3. TOLLAGE. tal1y. 1. Hist. A stick cut into two parts and marked with
notches to show what was due between a debtor and
creditor.
'The tally. used as a receipt for money or chattels, was a
narrow wooden stick with notches of varying dimensions
to represent the amount received. After the notches had
been cut, the stick was split lengthwise into two unequal
pieces. The longer. which contained a stump or handle and
was called the 'stock,' was given to the person making the
payment, and the shorter, a flat strip called the 'foil: to
the other party. If the sum involved was disputed, the two
pieces could be fitted one to the other to see if they would
'tally.'" C.H.5. Fifoot, History and Sources of the Common
Law: Tort and Contmct 223 (1949).
"A thousand pounds was marked by cutting out the thick
ness of the palm of the hand, a hundred by the breadth of
the thumb, a score by the breadth of the little finger, one
pound by that of a swelling barley-corn .... The terminol
ogy has left a permanent imprint on our language. If you
lent money to the Bank of England, tallies were cut for the
amount: the Bank kept the foil and you received the stock;
you thus held 'Bank Stock' of the amount recorded upon it.
When the form of cheque was adopted, it was not indeed
called a foil, but the part retained by the payer is still the
counterfoil; and the word 'cheque' itself goes back ulti
mately to the same root as 'exchequer.'" Reginald l. Poole,
The Exchequer in the Twelfth Century 86-93 (1912).
"From early times tallies were used in the Exchequer and
this lasted until 1826. The burning of a large quantity of
old tallies led to the burning down of the old Houses of
Parliament." David M. Walker, The Oxford Companion to
Law 1207 (1980).
2. Anything used to record an account. 3. An account;
a score.
Talmud (tahl-muud or tal-mad), n. A work embody
ing the civil and canonical law ofthe Jewish people.
Talmudic (tahl-moo-dik or tal-), adj.
talweg. See THALWEG.
TAM. abbr. TECHNICAL ADVICE MEMORANDUM.
tame, adj. (Of an animal) domesticated; accustomed to
humans. See domestic animal under ANIMAL. [Cases:
Animals (;::::> 1.5(3).]
tam facti quam animi (tam fak-tI kwam an-a-mI).
[Latin] Hist. In deed as well as in intention.
tamper, vb. (l6c) 1. To meddle so as to alter (a thing);
esp., to make changes that are illegal, corrupting, or
perverting. 2. To interfere improperly; to meddle.
tampering, n. (17c) 1. The act ofaltering a thing; esp., the
act ofillegally altering a document or product, such as
written evidence or a consumer good. See Model Penal
Code  224.4, 241.8; 18 lJSCA  1365. 2. The act or
an instance of engaging in improper or underhanded
dealings, esp. in an attempt to influence. -Tampering
with a witness or jury is a criminal offense. See WITNESS
TAMPERING; OBSTRUCTION OF JUSTICE; EMBRACERY.
TAN. See tax-anticipation note under NOTE (1).
TANF. abbr. TEMPORARY ASSISTANCE TO NEEDY
FAMILIES.
tangible, adj. (16c) 1. Having or possessing physical
form; CORPOREAL. 2. Capable of being touched and
seen; perceptible to the touch; capable of being pos

1593
sessed or realized. 3. Capable of being understood by
the mind.
tangible asset. See ASSET.
tangible chattel paper. See CHATTEL PAPER.
tangible cost. See COST (1).
tangible damages. See actual damages under
DAMAGES.
tangible evidence. See EVIDENCE.
tangible medium ofexpression. Copyright. Any


DAMAGES.
tangible evidence. See EVIDENCE.
tangible medium ofexpression. Copyright. Any material
form in which a work can be expressed and commu
nicated, either directly or through a machine. _ A
requirement for copyright is that the work be fixed in
a tangible medium of expression. [Cases: Copyrights
and Intellectual Property C-:::> 12(1).]
tangible personal property. See PROPERTY.
tangible-personal-property memorandum. A hand
written or signed document that lists items oftangible
personal property (such as jewelry, artwork, or furni
ture) and the persons who should receive the property
upon the owner's death. -This memorandum is a
separate document from the property owner's will, and
if referred to by the will, it is a valid testamentary dispo
sition. Unif. Probate Code  2-513. Abbr. TPPM.
tangible property. See PROPERTY.
tangible thing. See corporeal thing under THING.
tangible worth. See WORTH.
tanquam bonus vir (tan-kwam boh-nas veer). [Law
Latin] Scots law. As an honest or honorable man. - A
tenant was required to run his farm tanquam bonus
vir. Also spelled tamquam bonus vir.
tanquam dominus (tan-kwam dom-a-nels). [Law Latin]
Rist. As owner.
tanquam in libello (tan-kwam in lel-bel-oh). [Law Latin]
Hist. As ifalleged in the libel.
tanquam interim dominus (tan-kwam in-telr-im dom-el
nas). [Law Latin] Hist. As the temporary owner.
tanquam jure devoluto (tan-kwam joor-ee dee-vel-Ioo
toh). [Law Latin] Hist. As ifthe right had devolved. See
JUS DEVOLUTUM.
tanquam optimum maximum (tan-kwam op-tel-mam
mak-Sel-m;lm). [Law Latin] Hist. At its best and fullest.
 The phrase was often used in the conveyance of an
estate.
tanquam quilibet (tan-kwam kWI-I;l-bet). [Law Latin]
Hist. Like any other person. -The phrase usu. referred
to certain transactions ofthe sovereign.
tantum et tale (tan-telm et tay-Iee). [Latin] Hist. So much
and ofsuch a kind.
"When a purchaser accepts a subject from the seller tantum
et tale as it stands in the person of the latter, he accepts it
with all its advantages and all its faults; he comes precisely
into the right and place of the seller: if the subject or the
right sold turns out to be more valuable than was thought,
the purchaser has the advantage; if otherwise, he bears
the loss." John Trayner, Trayner's Latin Maxims 595 (4th
ed. 1894). tariff
tapper, n. (1930) 1. A person who approaches another for
money; a beggar. 2. By extension, a thief.
tapping, n. See WIRETAPPING.
tarde venit. A return of a writ that was delivered to the
sheriff too late to be executed before the return day. See
return day under DAY.
tare (tair), n. 1. A deficiency in the weight or quantity of
merchandise resulting from including its container's
weight in the total. 2. An allowance or abatement of
a certain weight or quantity that a seller makes to the
buyer because ofthe container's weight. Cf. TRET.
target benefit plan. See EMPLOYEE BENEFIT PLAN.
target corporation. See CORPORATION.
target defendant. See DEFENDANT.
target offense. See object offense under OFFENSE (1).
target price. See PRICE.
target witness. See WITNESS.
tariff, n. 1. A schedule or system ofduties imposed by a
government on imported or exported goods . In the
United States, tariffs are imposed on imported goods
only. [Cases: Customs Duties C=>23-38.] 2. A duty
imposed on imported or exported goods under such
a system. See DUTY (4).
ad valorem tariff. A tariff set as a percentage of the
imported goods' value. _ This is the primary method
used to calculate customs duties.
antidumping tariff. A tariff equaling the difference
between the price at which the product is sold in the
exporti ng country and the price at which the importer
will sell the product in the importing country . These
tariffs are designed to prevent foreign businesses from
artificially lowering their prices and gaining unfair
advantages outside their home market. Also
termed antidumping duty. See ANTIDUMPING LAW.
[Cases: Customs Duties (::::;21.5.]
autonomous tariff. A tariff set by legislation rather
than by commercial treaty.
common external tariff. A tariff rate that members
of a customs union, common market, or economic
union uniformly apply to imports from nonmember
nations. Abbr. CXT. Also termed tariffexterior
commun .
discriminatory tariff. A tariff containing duties that
are applied unequally to different countries or manu
facturers.
preferential tariff. A tariff that favors the products
of one country over those of another. Cf. MOST
FAVORED-NATIO:'II CLAUSE.
protective tariff. A tariff deSigned primarily to give
domestic manufacturers economic protection
against price competition from abroad, rather than
to generate revenue.
retaliatory tariff. A tariff imposed to pressure another
country into removing its own tariffs or making trade
concessions.

1594 Tariff Act of 1930
revenue tariff. A tariff enacted solely or primarily to
raise revenue.
tariffexteriorcommun. [French1 See common external
tariff. Abbr. TEe.
3. A fee that a public utility or telecommunications
company may assess for its services. -The tariffs that
a provider may charge are limited by statute. [Cases:
Public Utilities (;:::) 119.1; Telecommunications
928.]4. A schedule listing the rates charged for services
provided by a public utility, the U.S. Postal Service, or
a business (esp. one that must by law file its rates with
a public agency). [Cases: Public Utilities (;:::::-119.1.]5. A
scale ofsentences and damages for crimes and injuries,
arranged by severity. -tariff, vb.
joint tariff. A rate schedule established by two or more
carriers covering shipments between places requiring
the use of facilities owned by those carriers. rCases:
Carriers (;:::::-30.]
TariffAct of 1930. See SMOOT-HAWLEY TARIFF ACT.
tarnishment. Trademarks. A form of dilution that
occurs when a trademark's unauthorized use degrades
the mark and diminishes its distinctive quality. Cf.
BLljRRING. [Cases: Trademarks
task order. See task-order contract under CONTRACT.
task-order contract. See CONTRACT.
tax, n. (14c) A charge, usu. monetary, imposed by the
government on persons, entities, transactions, or
property to yield public revenue. -Most broadly, the
term embraces all governmental impositions on the
person, property, privileges, occupations, and enjoy
ment of the people, and includes duties, imposts, and
excises. Although a tax is often thought of as being
pecuniary in nature, it is not necessarily payable in
money. [Cases: Internal Revenue (;:::::-3001; Taxation
(;::::)2001.)- tax, vb.
''Taxes are the enforced proportional contributions from
persons and property, levied by the state by virtue of its
sovereignty for the support of government and for all
public needs. This definition of taxes, often referred to
as 'Cooley's definition,' has been quoted and indorsed,
or approved, expressly or otherwise, by many different
courts. While this definition of taxes characterizes them as
'contributions: other definitions refer to them as 'imposts,'
'duty or impost,' 'charges,' 'burdens,' or 'exactions'; but
these variations in phraseology are of no practical impor
tance:' 1 Thomas M. Cooley, The Law of Taxation  1, at
61-63 (Clark A. Nichols ed., 4th ed. 1924).
accrued tax. (1872) A tax that has been incurred but
not yet paid or payable.
accumulated-earnings tax. (1957) A penalty tax
imposed on a corporation that has retained its
earnings in an effort to avoid the income-tax liability
arising once the earnings are distributed to sharehold
ers as dividends. -Also termed undistributed-earn
ings tax. [Cases: Internal Revenue (;:::::-3843-3845.J
additional tax. See stopgap tax.
admission tax. A tax imposed as part of the price of
being admitted to a particular event. [Cases: Public
Amusement and Entertainment ~50.1 ad valorem tax. (1810) A tax imposed proportionally
on the value ofsomething (esp. real property), rather
than on its quantity or some other measure. [Cases:
Taxation (:::::>2061.]
"[AJn ad valorem tax is a tax of a fixed proportion of the
value of the property with respect to which the tax is
assessed, and requires the intervention of assessors or
appraisers to estimate the value of such property before
the amount due from each taxpayer can be determined." 71
Am. Jur. 2d State and Local Taxation  20, at 355 (1973).
alternative minimum tax. (1972) A tax, often a flat
rate, potentially imposed on corporations and higher
income individuals to ensure that those taxpayers
do not avoid too much (or all) income-tax liability
by legitimately using exclusions, deductions, and
credits. Abbr. AMT. -Also termed minimum tax.
[Cases: Internal Revenue
amusement tax. A tax on a ticket to a concert, sporting
event, or the like. -The tax is usu. expressed as a per
centage ofthe ticket price. [Cases: Public Amusement
and Entertainment C~50.)
back tax. (oft. pl.) A tax that, though assessed for a
previous year or years, remains due and unpaid.
betterment tax. See BETTERMENT TAX.
capital-gains tax. (1930) A tax on income derived from
the sale of a capital asset. _ The federal income tax
on capital gains typically has a more favorable tax
rate -for example, 20% for an individual and 34%
for a corporation -than the otherwise applicable tax
rate on ordinary income. See CAPITAL GAIN. [Cases:
Internal Revenue (;:::::-3230.1-3260.J
capital-stock tax. 1. A tax on capital stock in the hands
of a stockholder. [Cases: Taxation (;:::::-2234.]2. A state
tax for conducting business in the corporate form,
usu. imposed on out-of-state corporations for the
privilege of doing business in the state. _ The tax is
usu. assessed as a percentage of the par or assigned
value of a corporation's capital stock.
capitation tax. See poll tax.
child's income tax. See kiddie tax.
classified tax. A tax system in which different rates are
assessed against different types oftaxed property.
collateral-inheritance tax. A tax levied on the transfer
of property by will or intestate succession to a person
other than the spouse, a parent, or a descendant of the
decedent. CL legacy tax. [Cases: Taxation (;:::::-3301.)
commutation tax. 1. A combination of two or more
taxes that is or can be substituted for something else
that could be imposed, such as a demand for other
taxes or the performance of personal services. -For
example, an excise or franchise tax may be combined
with a local tax in lieu of all other taxes related to the
subject matter. 2. Hist. A tax imposed on shipowners,
requiring them to post a bond or remit a payment per
foreign passenger. _ In the 19th-century, the tax was
used to discourage immigration and to raise revenue
to defray the costs ofsupporting indigent immigrants
who had remained in the U.S. 3. Hist. A 1784 tax

intended to reduce tea-smuggling and increase tax
revenue by cutting the tax on tea and raising the tax
on windows. To avoid payment of the tax, many
people boarded up their windows.
consumption tax. A tax imposed on sale of goods
or services to be consumed. [Cases: Taxation
3602.]
death tax. 1. See estate tax. 2. See inheritance tax.
delinquent tax. A tax not paid when due. [Cases:
Internal Revenue ~4827; Taxation (:::::>2760,3554,
3697.]
direct tax. (I8c) A tax that is imposed on property, as
distinguished from a tax on a right or privilege .
A direct tax is presumed to be borne by the person
upon whom it is assessed, and not "passed on" to
some other person. Ad valorem and property taxes
are direct taxes. [Cases: Internal Revenue ~3059-
3064; Taxation ~2061.]
documentary-stamp transfer tax. See stamp tax.
erroneous tax. 1. A tax levied without statutory author
ity. [Cases: Taxation C==>2062, 3404, 3607.J 2. A tax
on property not subject to taxation. 3. A tax levied by
an officer who lacks authority to levy the tax. -Also
termed illegal tax.
estate tax. (1928) A tax imposed on the transfer of
property by will or by intestate succession. Also
termed death tax; death duty. Cf. inheritance tax.
[Cases: Internal Revenue ~4145; Taxation
3301.]
estimated tax. (1926) A tax paid quarterly by a taxpayer
not subject to withholding (such as a