satisfaction of lien1. The fulfillment of all obligations made the subject of a lien. 2. The document Signed by the lienholder releasing the property subject to a lien. |
satisfaction of mortgage1. 1he complete payment of a mortgage. 2. A discharge Signed by the mortgagee or mortgage holder indicating that the property subject to the mortgage is released or that the mortgage debt has been paid and the mortgage conditions have been fully satisfied. |
satisfaction pieceA written statement that one party (esp. a debtor) has discharged its obligation to another party, who accepts the discharge. - Also termed certificate of discharge; satisfaction. |
satisfactory evidenceEvidence that is sufficient to satisfy an unprejudiced mind seeking the truth. Also termed sufficient evidence; satisfactory proof |
satisfactory evidenceSee EVIDENCE. |
satisfactory proofSee satisfactory evidence under EVIDENCE. |
satisfied termSee TERM (4). |
Saturday-night special1. A handgun that is easily obtained and concealed. 2. Corporations. A surprise tender offer typically held open for a limited offering period (such as one week) to maximize pressure on a shareholder to accept. - These tender offers are now effectively prohibited by section 14(e) of the Williams Act. 15 USCA § 78n(e). |
saunkefin(sawn-ka-fan). [fro Law French sang quifin). End of blood; the failure of a line of succession. |
SAUSAabbr. Special assistant to the united states attorney. See UNITED STATES ATTORNEY. |
sauvagine(soh-va-zheen). [Law French]. 1. Wild animal. 2. Wild nature of an animal. |
save1. To preserve from danger or loss <save a ship in distress>. 2. To lay up; to hoard <save money>. 3. To toll or suspend (the operation, running, etc.) ofsomething <save a statute of limitations>. 4. To except, reserve, or exempt (a right, etc.) <to save vested rights>. 5. To lessen or avoid (a cost, resource, etc.) <save labor>. |
save harmlessSee HOLD HARMLESS. |
save-harmless agreementSee HOLD-HARMLESS AGREEMENT. |
save-harmless clauseSee INDEMNITY CLAUSE. |
saver default(say-var di-fawlt). [Law French]t. To excuse a default. Also spelled saver de fault; saver defaut. "Saver default is the same as to excuse a default. And this is properly when a man having made default in court, comes afterwards, and alleges a good cause why he did it, as imprisonment at the same time, or the like." Termes de la Ley 352 (1 st Am. ed. 1812). |
savingAn exception; a reservation. |
saving clause1. A statutory provision exempting from coverage something that would otherwise be included. A saving clause is generally used in a repealing act to preserve rights and claims that would otherwise be lost. 2. SAVING-TO-SUITORS CLAUSE. 3. SEVERABILITY CLAUSE. Also termed savings clause. |
savings accountA saVings-bank depositors account usu. bearing interest or containing conditions (such as advance notice) to the right of withdrawal. |
savings bankSee BANK. |
savings bankA bank that makes primarily home mortgage and some other consumer loans, receives deposits and pays interest on them, and may offer checking accounts .o Historically, savings banks did not provide any checking services. |
savings bondA nontransferable bond issued by the U.S. government. Also termed government bond. |
savings bondSee BOND (3). |
savings clauseSee SAVING CLAUSE. |
savings noteSee NOTE (1). |
savings-account trustSee Totten trust under TRUST. |
savings-and-Ioan associationA financial institution often organized and chartered like a bank that primarily makes home-mortgage loans but also usu. maintains checking accounts and provides other banking services. Often shortened to S & L. - Also termed savings-and-loan bank; loan association; thrift institution; thrift, Cf. BUILDING-AND-LOAN ASSOCIATION. The thrift institutions, mutual savings banks, savings and loan associations, and credit unions, originally were created to meet needs for saving, credit and loans of people whose resources and income were modest. Commercial banks, merchants, money lenders, and pawn shops often did not serve this demand for loans or savings as well, or with interest rates as favorable to poor individuals. and families. During the last two centuries, thrift institutions were gradually developed, therefore, by social reformers, philanthropic benefactors, religious and fraternal organizations, trade unions, employers, and thrift entrepreneurs (in most countries of the world) as a collateral type of banking or financial intermediation." William A. Lovett, Banking and Financial Institutions Law in a Nutshell 236 (1997). |
savings-and-loan bankSee SAVINGS-AND-LOAN ASSO-CIATION. |
savings-bank trustSee Totten trust under TRUST. |
saving-to-suitors clauseIn the federal statutory provision granting admiralty and maritime jurisdiction to the federal courts, a clause that preserves the option to file suit in a nonadmiralty court. 28 USCA § 1333(1). - The nonadmiralty court is typically either a state court or a law-side federal court. Under the reverse-Erie doctrine. the nonadmiralty court is required to apply the same law that the admiralty court would have used. Also termed saving clause. |
savorvb. To partake of the character of or bear affinity to (something) .• In traditional legal idiom, an interest arising from land is said to "savor of the realty." Also spelled savour. |
SBAabbr. SMALL BUSINESS ADMINISTRATION. |
SBICabbr. SMALL- BUSINESS INVESTMENT COMPANY. |
SCabbr. SCILICET. |
scabA person who works under conditions contrary to a union contract; esp., a worker who crosses a union picket line to replace a union worker during a strike. Also termed strikebreaker.; (in BrE) black¬leg labor. |
scabini(ska-bi-ni). [Law Latin]. Judges or the judges assessors in the court held by the count; magistrates.The term was found in a charter from the wardens of Lynn in Norfolk, during the reign of Henry VIII. But even earlier than that, the title was used in Charlemagnes empire (the French equivalent being edevins) and later Germanized as Schoffen. |
scalam(skay-lam), n. [Latin]. Scale. - Ad sealam was the method of paying money to the Exchequer, in which sixpence was added to each twenty shillings to compensate for a deficiency in weight, although no scales were actually used. |
scale1. A progression of degrees; esp., a range of wage rates. 2. A wage according to a range of rates. 3. An instrument for weighing. 4. In the practice of the English Supreme Court of Judicature, the fee charged by a solicitor for a particular type of case. Unless the court ordered otherwise, the lower scale applied to all causes and matters assigned by the Judicature Acts to the Kings Bench. or the Probate, Divorce, and Admiralty divisions; to all actions for debt, contract, or tort; and to almost all causes and matters assigned by the acts to the Chancery division and in which the amount in controversy was less than £1,000. The higher scale applied in all other cases, and in actions falling under one of the lower-scale classes if the principal relief sought was injunctive. |
scale orderAn order to buy or sell a security at varying price ranges. |
scale orderSee ORDER (8). |
scale toleranceThe nominal variation of the mass or weight of the same goods on different scales. |
scaling lawA statute establishing a process for adjusting value differences between depreciated paper money and specie. Statutes of this type were necessary when paper depreciated after both the American Revolution and the Civil War. |
scalper1. A seller who buys something (esp. a ticket) at face value (or less) and then tries to resell it for a higher price. Also termed ticket speculator. 2. An investment adviser who buys a security before recommending it to clients. 3. A market-maker who puts an excessive markup or markdown on a transaction. |
scalping1. The practice of selling something (esp. a ticket) at a price above face value once it becomes scarce (usu. just before a high-demand event begins). 2. The purchase of a security by an investment adviser before the adviser recommends that a customer buy the same security. This practice is usu. considered unethical because the customers purchase will increase the securitys price, thus enabling the investment adviser to sell at a profit. 3. The excessive markup or markdown on a transaction by a market -maker. This action violates National Association of Securities Dealers guidelines. - scalp, vb. |
scandal1. Disgraceful, shameful, or degrading acts or conduct. 2. Defamatory reports or rumors; esp., slander. See SCANDALOUS MATTER. "Scandal consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause, to which may be added that any unnecessary allegation, bearing cruelly upon the moral character of an individual, is also scandalous. The matter alleged, however, must be not only offensive, but also irrelevantto the cause, for however offenSive it be, if it be pertinent and material to the cause the party has a right to plead it. It may often be necessary to charge false representations, fraud and immorality, and the pleading will not be open to the objection of scandal, if the facts justify the charge." Eugene A. Jones, Manual of EquitV Pleading and Practice SO- 51 (1916). |
scandalous matterCivil procedure. A matter that is both grossly disgraceful (or defamatory) and irrelevant to the action or defense. A federal court upon a partys motion or on its own - can order a scandalous matter struck from a pleading. Fed. R. Civ. P. 12(f). Cf. IMPERTINENT MATTER. |
scandalous subject matterA word, phrase, symbol, or graphic depiction that the U.S. Patent and Trademark Office may refuse to register because it is shockingly offensive to social mores. Although the Lanham Act uses the phrase "immoral, deceptive, or scandalous subject matter," courts have not distinguished "scandalous" from "immoral." |
scandalum magnatum(skan-da-lam mag-nay-tam). [Law Latin]. Actionable slander ofpowerful people; specif., defamatory comments regarding persons of high rank, such as peers, judges, or state officials. "Words spoken in derogation of a peer, a judge, or other great officer of the realm, which are called scandalum magnatum, are held to be still more heinous; and, though they be such as would not be actionable in the case of a common person, yet when spoken in disgrace of such high and respectable characters, they amount to an atrocious injury: which is redressed by an action on the case founded on many ancient statutes; as well on behalf of the crown, to inflict the punishment of imprisonment on the slanderer, as on behalf of the party, to recover damages for the injury sustained." 3 William Blackstone, Commentaries on the Laws of Eng/and 123-24 (1768). |
scarlet-letter punishmentSee shame sanction under SANCTION. |
scarlet-letter sentenceSee shame sanction under SANCTION. |
scatter-point analysisA method for studying the effect that minority-population changes have on voting patterns, involving a plotting of the percentage of votes that candidates receive to determine whether voting percentages increase or decrease as the percentages of voters of a particular race increase or decrease. |
scenes afaire(sen ah fair). [French uscenes for action"] Copyright. Standard or general themes that are common to a wide variety of works and are therefore not copyrightable.• Examples of scenes afaire are obvious plot elements and character types. |
scheduleA written list or inventory; esp., a statement that is attached to a document and that gives a detailed showing of the matters referred to in the document <Schedule B to the title policy lists the encumbrances on the property>. schedule, vb. ¬ scheduled, adj. |
scheduled injurySee INJURY. |
scheduled injuryA partially disabling injury for which a predetermined amount of compensation is allowed under a workers compensation statute. |
scheduled propertySee PROPERTY. |
scheduled propertyProperty itemized on a list (usu. attached to an insurance policy) that records property values, which provide the basis for insurance payments in the event of a loss under an insurance policy. |
scheme1. A systemic plan; a connected or orderly arrangement, esp. of related concepts <legislative scheme>. 2. An artful plot or plan, usu. to deceive others <a scheme to defraud creditors>. |
scheme of arrangementA court-approved reorganization of a companys capital structure or debts. The company seeking to reorganize is usu. in financial trouble but may not yet be insolvent. |
schism(siz-am or skiz-am). 1. A breach or rupture; a division, esp. among members of a group, as of a union. 2. A separation of beliefs and doctrines by persons of the same organized religion, religious denomination, or sect "It has been held that the civil courts are not concerned with mere schisms stemming from disputations over matters of religious doctrine, not only because such questions are essentially ecclesiastical rather than judicial, but also because of the separation between the church and the state However, it has also been held that the situation is different in the case of self-governing congressional churches, for here the courts do not hesitate to assume jurisdiction when a schism affects property rights, for in this form ... each local congregation is independent and autonomous and there is no recourse within the denomination." 66 Am. Jur. 2d Religious Societies § 51, at 804 1973). |
school1. An institution oflearning and education, esp. for children. "Although the word school in its broad sense includes all schools or institutions, whether of high or low degree, the word school frequently has been defined in constitutions and statutes as referring only to the public common schools generally established throughout the United States When used in a statute or other contract, school usually does not include univerSities, business colleges, or other institutions of higher education unless the intent to include such institutions is clearly indicated." 68 Am. Jur. 2d Schools § 1, at 355 (1993). |
school boardAn administrative body, made up of a number of directors or trustees, responSible for overseeing public schools within a city, county, or district. Cf. BOARD OF EDUCATION. |
school bondA bond issued by a city or school district to fund school construction. |
school bondSee BOND (3). |
school districtA political subdivision of a state, created by the legislature and invested with local powers of self-government, to build, maintain, fund, and support the public schools within its territory and to otherwise assist the state in administering its educational responsibilities. |
school districtSee SCHOOL DISTRICT. |
school landSee LAND. |
school landPublic real estate set apart for sale or exploitation by a state to establish and fund public schools. |
Schumer boxIn a credit-card agreement, a table that summarizes all the costs for which the cardholder is liable, so that the cardholder can more easily compare credit-card agreements. The term derives from the name of Senator Charles Schumer, who proposed the disclosure requirements. The box must contain the information listed in 15 t.JSCA § 1637(c)(1)(A)-(B). Also termed Schumers box. |
sci. faabbr. SCIRE FACIAS. |
science of legislationSee LAW REFORM. |
sciendum est(si-en-dam est). [Latin] Roman law. It is to be known or understood. - This phrase often introduced a particular topic or explanation. |
sciens et prudens(si-enz et proo-denz). [Latin]. In full knowledge and understanding. |
scienter(si-en-tar or see-), n. [Latin "knowingly"]. 1. A degree of knowledge that makes a person legally responsible for the consequences of his or her act or omission; the fact of an acts having been done knowingly, esp. as a ground for civil damages or criminal punishment. See KNOWLEDGE; MENS REA. 2. A mental state consisting in an intent to deceive, manipulate, or defraud. - In this sense, the term is used most often in the context of securities fraud. The Supreme Court has held that to establish a claim for damages under Rule lOb-5. a plaintiff must prove that the defendant acted with scienter. Ernst & Ernst v. Hochfelder, 425 U.S. 185,96 S.Ct. 1375 (1976). |
scienter actionA lawsuit in which the plaintiff must prove that the defendant acted knowingly or knew of the danger e.g., at common law an action for damage caused by a domestic animal. See SCIENTER. |
scientific creationismSee CREATIONISM. |
scientific creationismA doctrine holding that the biblical account of creation is supported by scientific evidence. |
scientific evidenceFact or opinion evidence that purports to draw on specialized knowledge of a science or to rely on scientific principles for its evidentiary value. See DAUBERT TEST. |
scientific evidenceSee EVIDENCE. |
scientific knowledgeSee KNOWLEDGE. |
scientific knowledgeKnowledge that is grounded on scientific methods that have been supported by adequate validation. Four primary factors are used to determine whether evidence amounts to scientific knowledge: (1) whether it has been tested; (2) whether it has been subjected to peer review and publication; (3) the known or potential rate of error; and (4) the degree of acceptance within the scientific community. See DAUBERT TEST; SCIENTIFIC METHOD. |
scientific methodAn analytical technique by which a hypothesis is formulated and then systematically tested through observation and experimentation. |
Scieuce and Technology Directorate.The division of the Department of Homeland Security responsible for coordinating research and development, including preparing for and responding to terrorist threats involving weapons of mass destruction. The Directorate also works with the Chemical, Biological, Radiological, and Nuclear Countermeasures Program and the Environmental Measurements Lab in the Department of Energy, the National BW (biological warfare) Defense Analysis Center in the Department of Defense, and the Plum Island Animal Disease Center Abbr. S&T. |
scilabbr. SCILICET. |
scilicet(sil-a-set or -sit). [fro Latin scire licet "that you may know"]. That is to say; namely; VIDELICET. Like videlicet, this word is used in pleadings and other instruments to introduce a more particular statement of matters previously mentioned in general terms. It has never been quite as common, however, as videlicet. -Abbr. sc.; scil.; (erroneously) ss. |
SCINabbr. See self-canceling installment note under NOTE (1). |
scintilla(sin-til-a). A spark or trace <the standard is that there must be more than a scintilla of evidence>. PI. scintillas (sin-til-az). |
scintilla juris(sin-til-a joor-is). [Law Latin "a spark of right"]. A fragment of law or right. This refers to a figurative expression in the law of uses providing a trace of seisin rights to remain in the feoffees sufficient to allow contingent uses to be executed under the Statute of Uses. It was abolished in the Law of Property Amendment Act of 1860. See STATUTE OF USES. |
scintilla-of-evidence ruleA common-law doctrine holding that if even the slightest amount of relevant evidence exists on an issue, then a motion for summary judgment or for directed verdict cannot be granted and the issue must go to the jury. Federal courts do not follow this rule, but some states apply it. - Also termed scintilla rule. |
scire facias(si-ree fay-shee-as). [Law Latin "you are to make known, show cause"]. A writ requiring the person against whom it is issued to appear and show cause why some matter of record should not be annulled or vacated, or why a dormant judgment against that person should not be revived. Abbr. sci. fa. |
scire facias ad rehabendam terram(si-ree fay¬shee-as ad re-ha-ben-dam ter-am), n. [Law Latin "that you cause to know to recover the land"]. A writ allowing a judgment debtor to recover lands taken in execution after the debtor has satisfied the judgment. |
scire facias sur mortgage(si-ree fay-shee-as sar mor-gij), n. [Law Latin "that you cause to know on mortgage"]. A writ ordering a defaulting mortgagor to show cause why the mortgage should not be foreclosed and the property sold in execution. |
scire facias ad audiendum errores(si-ree fay-shee-as ad aw-dee-en-dam e-ror-eez). [Law Latin "that you cause to know to hear errors"]. A commonlaw writ allowing a party who had assigned error to compel the opposing party to plead. It was abolished in 1875. |
scire facias ad disprobandum debitum(si-ree fay¬shee-as ad dis-proh-ban-dam deb-a-tam). [Law Latin "that you cause to know to disprove the debt"]. A writ allowing a defendant in a foreign attachment against the plaintiff to disprove or avoid the debt recovered by the plaintiff, within a year and a day from the time of payment. |
scire facias quare restitutionem non(si-ree fay-shee-as kwair-ee res-ta-t[y]oo-shee-oh-nam non), n. [Law Latin "that you cause to know why (there is not) restitution"]. A writ for restitution after an execution on a judgment is levied but not paid and the judgment is later reversed on appeal. |
scire facias sur municipal claim(si -ree fay-shee-as sar myoo-nis-a-pal klaym), n. [Law Latin "that you cause to know on municipal claim"]. A writ compelling the payment of a municipal claim out of the property to which a municipal lien is attached. |
scire feci(si-ree fee-si) [Latin "I have caused to know"]. The sheriffs return to a writ of scire facias, indicating that notice was given to the parties against whom the writ was issued. |
scire fieri inquiry(si-ree fi-a-ri), n. [Law Latin]. A writ to ascertain the location of a testators property from an executor, when the sheriff returned nulla bona to a writ of execution fieri facias de bonis testatoris. See FIERI FACIAS. |
scite(sit). [fr. Latin situs] Archaic. 1. A location; a site. 2. The site of a capital messuage. 3. A municipal ordinance. - Also termed site. |
scofflaw(skof-law). 1. A person who treats the law with contempt; esp., one who avoids various laws that are not easily enforced <some scofflaws carry mannequins in their cars in order to drive in the carpool lane>. 2. A person who consumes illegally made or obtained alcoholic beverages. This was the original meaning. |