s corpor-ationA corporation whose income is taxed through its shareholders rather than through the corporation itself. Only corporations with a limited number of shareholders can elect S-corporation tax status under Subchapter S of the Internal Revenue Code. Also termed subchapter-S corporation; tax-option corporation. Cf. C corporation. |
s&o insuranceSee errors-and-omissions insurance under INSURANCE. |
S&Tabbr. SCIENCE AND TECH~OLOGY DIRECTORATE. |
S.BSee senate bill under BILL (3). |
S.cabbr. 1. SUPREME COURT. 2. Same case. _ In former practice, when put between two citations, the abbreviation indicated that the same case was reported in both places. 3. SENATUS CONSULTUM. |
S.Ctabbr. 1. SUPREME COURT. 2. Supreme Court Reporter. |
S.Dabbr. Southern District, in reference to U.S. judicial districts. |
S.Eabbr. SOUTH EASTERK REPORTER. |
S.J.DSee DOCTOR OF JURIDICAL SCIENCE. |
S.Labbr. 1. Session law. See SESSION LAWS. 2. Statute law. |
s.pabbr. 1. SINE PROLE. 2. Same principle; same point. This notation, when inserted between two citations, indicates that the second involves the same principles as the first. |
s.uabbr. Straight up. - When a prosecutor writes this on a defendants file. it usu. means that the prosecutor plans to try the case - that is, not enter into a plea bargain. |
S.Wabbr. SOUTH WESTERN REPORTER. |
S/Fabbr. STATUTE OF FRAUDS. |
S-1An SEC form that a company usu. must file before listing and trading its securities on a national exchange. Used primarily by first-time issuers of securities, this form is the basic, full-length registration statement that requires a great deal of information about the issuer and the securities being sold. The SEC has also adopted modified forms for smaller enterprises, such as Forms SB-1 and SB-2. - Also termed Form S-1. |
Sabbath lawSee BLUE LAW. |
Sabbath-breakingThe violation of laws or rules on observing the Sabbath; esp., the violation of a blue law. |
sabotage(sab-a-tahzh), 1. The destruction, damage, or knowingly defective production of materials, premises, or utilities used for national defense or for war. 18 USCA §§ 2151 et seq. 2. The willful and malicious destruction of an employers property or interference with an employers normal operations, esp. during a labor dispute. - sabotage, vb. |
saboteur(sab-a-tar). A person who commits sabotage. |
sacSee soc. |
sacer(sas-ar), adj. [Latin "sacred; forfeited to a god"] Roman law. (Of an outlaw or a wrongdoer) punished by being placed outside the laws protection. See CONSECRATIO CAPITIS; OUTLAWRY. |
sachbaroSee SAGIBARO. |
Sache(zahk-a). [German] A thing; an article or matter. SeeTHING. |
sacramentalis(sak-ra-men-tay-leez), n. pI. [Law Latin fr. Latin sacramentum "an oath-taker"]. A compurgator; one who takes an oath swearing to a defendants innocence. Pl. sacramentales. |
sacramento(sak-ra-men-toh), n. [Latin "by oath"] Roman law. A legal action in the earliest form of civil procedure in which, at its commencement, each ofthe contending parties deposited or gave security for a certain sum (called the sacramentum), which the loser forfeited to the public. Also termed legis actio sacramento. See LEGIS ACTIO. |
sacramentum(sak-ra-men-tam), n. [Latin "an oath"] Roman law. 1. SACRAMENTO. 2. An oath of allegiance given by a soldier upon enlistment. |
sacramentum decision is(sak-ra-men-tam di-sizh-ee-oh-nis). (Latin "the oath of decision"] Civil law. The offer by one party to accept the opposing partys oath as decisive of the issues involved in a lawsuit. PI. sacramenta decision is. The defendant or person accused was ... to make oath of his own innocence, and to produce a certain number of compurgators, who swore they believed his oath. Somewhat Similar also to this is the sacramentum decisianis, or the voluntary and decisive oath of the civil law; where one of the parties to the suit, not being able to prove his charge, offers to refer the decision of the cause to the oath of his adversary: which the adversary was bound to accept, or tender the same proposal back again; otherwise the whole was taken as confessed by him." 3 William Blackstone, Commentaries on the Laws of fngland 342 (1768). |
sacramentum fidelitatis(sak-ra-men-tam fi-del-a-tay¬tis). [Law Latin]. The oath of fidelity, given by a vassal to a lord. |
sacrilege(sak-ra-lij). 1. The act or an instance of desecrating or profaning a sacred thing. 2. Larceny of sacred objects, as from a church. |
sacrilegium(sak-ra-lee-jee-am), n. (Latin fr. sacer "sacred" + legere "to steal"] Roman law. 1. The theft of a sacred thing, usu. a capital offense. See CAPITALIS. 2. Violation of an imperial law. In the later Empire the conception of sacrilegium was somewhat distorted and those who through ignorance or negligence confound, violate and offend the sanctity of a divine law ... were considered guilty of sacrilegium. Divine is here used in the sense of imperial, issued by the mperor ... Thus sacrilegium and sacriJegus became rather general terms applied to the neglect or violation of imperial orders or enactments." Adolf Berger, Encyclopedic Dictionary of Roman Law 689 (1953). |
sacrilegus(sa-kril-a-gas), adj. & n. (Latin "sacrilegious"] Roman law. (A person) guilty of sacrilegium. See SACRILEGIUM. |
sacristan(sak-ri-stan). [Latin]. A caretaker of a church; a sexton of a church. |
sacristy(sak-ri-stee). See VESTRY (1). sadaq. See MAHR. |
saemend(see-mand). [Old English]. An arbitrator; an umpire. |
SAETabbr. SUBSTANCE-ABUSE EVALUATION AND TREATMENT. |
saevitia(si-vish-ee-a). [Latin fr. saevus "cruel"]. Cruelty in a marriage, as a result ofwhich cohabitation is dangerous enough to justify a decree of separation. |
safe1. Not exposed to danger; not causing danger <driving at a safe limit of speed>. 2. Unlikely to be overturned or proved wrong. |
safe blowerOne who uses explosives to open a safe, esp. for the purpose of stealing the contents. Cf. SAFE CRACKER. |
safe breakerSee SAFE CRACKER. |
safe conduct1. A privilege granted by a belligerent allowing an enemy, a neutral, or some other person to travel within or through a deSignated area for a specified purpose. 2. A document conveying this privilege. Sometimes written safe-conduct. Also termed safeguard; passport. "Passports and safeguards, or safe conducts, are letters of protection, with or without an escort, by which the person of an enemy is rendered inviolable. These may be given in order to carryon the peculiar commerce of war, or for reasons which have no relation to it, which terminate in the person himself." Theodore D. Woolsey, Introduction to the Study of International Law § 155, at 265 (5th ed. 1878). "Safe-conduct .... The grantee is inviolable so long as he complies with the conditions imposed on him or necessitated by the Circumstances of the case. Unless tated, a safe-conduct does not cover goods or luggage. They may be given also for ships and for goods. To be effective under international law the grant must have been arranged between belligerents." David M. Walker, The Oxford Companion to Law 1098 (1980). |
safe crackerOne who breaks into a safe, esp. for the purpose of stealing the contents. Also termed safe breaker. Cf. SAFE BLOWER. |
safe harbor1. An area or means of protection. 2. A provision (as in a statute or regulation) that affords protection from liability or penalty. SEC regulations, for example, provide a safe harbor for an issuers business forecasts that are made in good faith. Also termed safe-harbor clause; safe-harbor provision. |
safe houseA residence where people live under protection, usu. in anonymity. - Safe houses are operated tor a range of purposes, both legal and illegal. Shelters for abused spouses and runaway children are safe houses. Law-enforcement agencies keep safe houses for undercover operations and to protect witnesses who have been threatened. Lawbreakers use them to shield criminal activity such as drug manufacturing. |
safe workplaceA place of employment in which all dangers that should reasonably be removed have been removed; a place of employment that is reasonably safe given the nature of the work performed. See occuPATIONAL SAFETY AND HEALTH ADMINISTRATION. |
safe-berth clauseMaritime law. A provision in a voyage or time charterparty obligating the charterer to choose a berth for loading and unloading the chartered ship where the ship will be safe from damage. The ships master can refuse to enter the berth without breaching the charter. But if the master reasonably enters the berth and the ship is damaged, the charterer is liable. Cf. SAFE-PORT CLAUSE. |
safe-deposit boxA lockbox stored in a bank vault to secure a customers valuables. It usu. takes two keys (one held by the bank and one held by the customer) to open the box. Often shortened to deposit box. Also termed safety-deposit box. |
safe-deposit companySee DEPOSITARY (1), |
safe-deposit companySee DEPOSITARY (1) |
safe-haven lawA statute that protects a parent who abandons a baby at a deSignated place such as a hospital, a physicians office, or a fire station, where it can receive emergency medical assistance as needed. The law typically stipulates that a parent who leaves a baby at such a place will not be publicly identified or prosecuted. Such laws have been enacted in many states in response to a perceived increase in incidents of child abandonment. Also termed Baby Moses law. |
safekeeping1. The act of protecting something in ones custody. 2. Under the Securities Investors Protection Act, the holding of a security on behalf of the investor or broker that has paid for it. 15 USCA § 78111(2). |
safe-pledgeSee PLEDGE (5). |
safe-port clauseA provision in a voyage or time charterparty obligating the charterer to choose a port where the ship will be safe from damage. The ships master can refuse to enter the port without breaching the charter. But if the master reasonably enters the port and the ship is damaged, the charterer is liable. Cf. SAPE- BERTH CLAUSE. |
safe-storage statuteA law that prohibits persons from leaving firearms unattended in places where children may gain access to them. - Also termed child-access prevention statute. |
Safety Appliance ActA federal law regulating the safety ofequipment used by railroads in interstate commerce. 49 USCA §§ 20301 et seq. |
safety engineeringThe inspection and study of potentially dangerous conditions, usu. in an industrial environment, so that precautionary measures can be taken. |
safety officerAn OSHA employee responsible for investigating the safety practices and procedures at a place of business. See OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. |
safety officerSee OFFICER (1). |
safety-deposit boxSee SAFE-DEPOSIT BOX. |
sagibaro(sag-a-bar-oh), n. [Old English]. A determiner of disputes; a judge. - Also termed sachbaro (sak-bar-oh). |
saidadj. Aforesaid; above-mentioned. The adjective said is obsolescent in legal drafting, its last bastion being patent claims. But even in that context the word is giving way to the ordinary word the, which if properly used is equally precise. See AFORESAID. "The word said is used by many practitioners rather than the to refer back to previously recited elements, sometimes to a previously cited anything. This practice is unobjectionable, although perhaps overly legalistic. If saids or thes are used, one should be consistent in the usage and not alternate between those words in repetitions of the same element or among different elements." Robert C. Faber, Landis on Mechanics of Patent Claim Drafting § 23, at SO (3d ed. 1990). |
sailor s willSee soldier s will under WILL. |
Saint Lawrence Seaway Development CorporationA wholly-owned corporation in the U.S. Department of Transportation responsible for developing, operating, and maintaining a part of the St. Lawrence Seaway from Montreal to Lake Erie. - It charges tolls at rates negotiated with the St. Lawrence Seaway Authority of Canada. Abbr. SLSDC. |
sake and soke(sayk / sohk). A lords right to hold court and compel attendance. Also spelled sak and soc (sak / sok). See soc. |
salable(say-la-bal or sayl-a-bal), adj. Fit for sale in the usual course of trade at the usual selling price; MERCHANTABLE. salability (say-la-bil-a-tee or sayl-a-bil-a-tee), n. |
salable valueSee fair market value under VALUE (2). |
salarium(sa-lair-ee-am), n. [Latin "salt money") 1. Roman law. An allowance, esp. for living expenses, given to persons in noble professions (such as teachers or doctors) who were not allowed to sue for fees. 2. Roman law. Wages for persons engaged in military service on an emergency basis. The regular soldier s pay is a stipendium. 3. Hist. The rent or profits of a hall or house. |
salaryAn agreed compensation for services - esp. professional or semiprofessional services - usu. paid at regular intervals on a yearly basis, as distinguished from an hourly basis. Salaried positions are usu. exempt from the requirements of the Fair Labor Standards Act (on overtime and the like) but are subject to state regulation. Cf. WAGE. |
sale1. The transfer of property or title for a price. See UCC § 2-106(1). 2. The agreement by which such a transfer takes place. - The four elements are (1) parties competent to contract, (2) mutual assent, (3) a thing capable of being transferred, and (4) a price in money paid or promised. |
sale against the boxSee short sale against the box. |
sale and exchangeSee SALE OR EXCHANGE. |
sale and leasebackSee LEASEBACK. |
sale and leasebackSee LEASEBACK. |
sale and returnSee sale or return. |
sale and returnSee sale or return under SALE. |
sale as isA sale in which the buyer accepts the property in its existing condition unless the seller has misrepresented its quality. Also termed sale with all faults. |
sale by sampleA sale in which the parties understand that the goods exhibited constitute the standard with which the goods not exhibited correspond and to which all deliveries should conform. Any sample that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model. UCC § 9-102(a) (20). Also termed sample sale. |
sale in gross1. A sale of a tract ofland made with no guarantee about the exact amount or size of the land being sold. 2. (pl.) See gross sales. |
sale noteSee NOTE (1). |
sale of landA transfer of title to real estate from one person to another by a contract of sale. A transfer of real estate is often referred to as a conveyance rather than a sale. |
sale on approvalSee SALE. |
sale on approvalA sale in which completion hinges on the buyers satisfaction, regardless of whether the goods conform to the contract. Title and risk of loss remain with the seller until the buyer approves. UCC § 2-326(1)(a). - Also termed approval sale. |
sale on creditA sale accompanied by delivery of possession, but with payment deferred to a later date. |
sale on creditSee SALE. |
sale or exchange1. Tax. A voluntary transfer of property for value (as distinguished from a gift) resulting in a gain or loss recognized for federal tax purposes. 2. A transfer of property; esp., a situation in which proceeds of a sale are to be vested in another estate of the same character and use. Also termed (in both senses) sale and exchange. |
sale or returnSee SALE. |
sale or returnA sale in which the buyer may return the goods to the seller, regardless of whether they conform to the contract, if the goods were delivered primarily for resale. This transaction is a type of conSignment in which the seller (usu. a distributor) sells goods to the buyer (often a retailer), who then tries to resell the goods, but a buyer who cannot resell is allowed to return them to the seller. Title and risk of loss are with the buyer until the goods are returned. UCC § 2-326(1)(b). Also termed sale and return. Cf. SALES GUARANTEED. |
sale per aversionem(par-a-var-zhee-oh-nam). Civil law. A conveyance of all immovable property that falls within the boundaries stated in a purchase agreement, as opposed to a specified amount of acreage. The sales price will not be modified because of a surplus or shortage in the amount of property that is exchanged, because the boundary description is the binding definition of the property conveyed. La. Civ. Code art. 2495. |
sale per aversionemSee SALE. |
sale positiveSee SALE. |
sale positiveA sale with no reserve price. |
sale shortSee short sale. |
sale shortSee short sale under SALE. |
sale with all faultsSee sale as is under SALE. |
sale with all faultsSee sale as is. |
sale with right of redemptionA sale in which the seller reserves the right to retake the goods by refunding the purchase price. |
sale with right of redemptionSee SALE. |
sale-leasebackSee LEASEBACK. |
sale-leasebackSee LEASEBACK. |
sale-of-business doctrineThe outmoded rule holding that the transfer of stock incident to the sale of a business does not constitute a transfer of securities. This doctrine was rejected by the U.S. Supreme Court in Landreth Timber Co. v. Landreth, 471 U.S. 681, 105 S.Ct. 2297 (1985), and its companion case, Gould v. Ruefenacht,471 U.S. 701, 105 S.ct. 2308 (1985). |
sales agreementA contract in which ownership of property is presently transferred, or will be transferred in the future, from a seller to a buyer for a fixed sum. UCC § 2-106(1). |