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seasonal employment See EMPLOYMENT.

seat 1. Membership and privileges in an organization; esp., membership on a securities or commodities exchange <her seat at the exchange dates back to 1998>. . The center of some activity <the seat of government>.

seat of government The nations capital, a state capital, a county "eat, or other location where the principal offices of the national, state, and local governments are located.

seated land See LAND.

seated land Land that is occupied, cultivated, improved, reclaimed, farmed, or used as a place of residence, with or without cultivation.

seaward See CUSTOS MARIS.

seaworthy adj. (Of a vessel) properly equipped and sufficiently strong and tight to resist the perils reasonably incident to the voyage for which the vesseJ is insured. An implied condition of marine-insurance policies, unless otherwise stated, is that the vessel will be seaworthy. - seaworthiness, n.

seaworthy vessel See VESSEL.

sec abbr. 1. (all cap.) SECURITIES AND EXCHANGE COMMISSION. 2. Section. See SECTION (1).

secession The process or act of withdrawing, esp. from a religious or politicaJ association <the secession from the established church> <the secession of 11 states at the time of the Civil War>.

seck (sek), adj. 1. Lacking the right or remedy of distress. 2. Lacking profits, usu. due to a reversion without rent or other service. See RENT SECK.

second 1. A statement by a member other than a motions maker that the member also wants the assembly to consider the motion <Is there a second to the motion?>. 2. Criminal law. A person who directs, assists, or supports another engaged in a duel. See DUEL (2). second, vb.

Second Amendment The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing the right to keep and bear arms as necessary for securing freedom through a well-regulated militia. See RIGHT TO BEAR ARMS.

second chair A lawyer who helps the lead attorney in court, usu. by examining some of the witnesses, arguing some of the points oflaw, and handling parts of the voir dire, opening statement, and closing argument <the young associate was second chair for the fraud case>. - second-chair, vb.

second cousin A person related to another by descending from the same great-grandfather or great-grandmother.

second cousin See COUSIN.

second deliverance See DELIVERANCE.

second deliverance A second replevin remedy after the plaintiff has been non suited and the distrained property has been returned to the defendant. - Also termed writ ofsecond deliverance. "And at the common law, the plaintiff might have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant. Wherefore the statute of Westm. 2, c. 2 restrains the plaintiff, when nonsuited, from suing any fresh replevin, but allows him a judicial writ issuing out of the original record, and called a writ of second deliver· ance, in order to have the same distress again delivered to him, on giving the like security as before. And, if the plaintiff be a second time nonsuit, or if the defendant has judgment upon verdict ... he shall have a writ or rerurn irreplevisable; after which no writ of second deliverance shall be allowed." 3 William Blackstone, Commentaries on the Laws of England 150 (1767). 5. Such a release (as in sense 3) or redelivery (as in sense 4).

second delivery A legal delivery by the depositary of a deed placed in escrow.

second delivery See DELIVERY.

second distress A supplementary distress allowed when goods seized under the first distress are insufficient to satisfy the claim. 3. The property seized. - Also termed distraint.

second distress See DISTRESS.

second lien See LIEN.

second mortgage See MORTGAGE.

second offense See OFFENSE (1).

second offense An offense committed after conviction for a first offense. The previous conviction, not the indictment, forms the basis of the charge of a second offense.

second surcharge See SURCHARGE.

second surcharge To overstock (a common) a second time for which a writ of second surcharge was issued.

second user See JUNIOR USER.

secondary adj. (Of a position, status, use, etc.) subordinate or subsequent.

secondary An officer of the courts of the Kings Bench and common pleas, so called because he was next to the chief officer .• By the Superior Courts (Officers) Act (1837), the secondary office was abolished. St. 7 WilL 4; 1 Vict., ch. 30.

secondary abuse Emotional harm suffered by children who, although they are not physically abused, witness domestic violence within their families.

secondary abuse See ABDSE.

secondary activity A unions picketing or boycotting of a secondary or neutral party, with the goal of placing economic pressure on that party so that it will stop doing business with the employer that is the primary subject of the labor dispute. Secondaryactivities are forbidden by the Labor-Management Relations Act. 29 USCA § 158(b)(4). See secondary boycott under BOYCOTT; secondary picketing under PICKETING. Cf. PRIMARY ACTIVITY.

secondary affinity See AFFINITY.

secondary affinity The relationship of a spouse to the other spouse's marital relatives. An example is a wife and her husband's sister-in-law.

secondary amendment An amendment that alters a pending primary amendment. Cf. primary amendment.

secondary amendment See AMENDMENT (3).

secondary assumption of risk 1. The act or an instance of voluntarily encountering a known unreasonable risk that is out of proportion to any advantage gained. With secondary assumption of the risk, the factfinder considers the reasonableness of the plaintiff's conduct in the particular case, balancing the risks and utilities under the circumstances. 2. An affirmative defense to an established breach ofa duty, based on a claim that the plaintiff acted unreasonably in encountering a known risk. See contributory negligence under NEGLIGENCE.

secondary assumption of risk See ASSUMPTION OF THE RISK.

secondary authority Authority that explains the law but does not itself establish it, such as a treatise, annotation, or law-review article. 5. A source, such as a statute, case, or treatise, cited in support of a legal argument <the brief's table of authorities>.

secondary authority See AUTHORITY (4).

secondary beneficiary See contingent beneficiary (2) under BENEFICIARY.

secondary beneficiary See contingent beneficiary (2).

secondary boycott A boycott of the customers or suppliers of a business so that they will withhold their patronage from that business. - For example, a group might boycott a manufacturer who advertises on a radio station that broadcasts messages consid-ered objectionable by the group.

secondary boycott See BOYCOTT.

secondary consideration See SECONDARY FACTOR.

secondary conveyance See CONVEYANCE.

secondary conveyance A conveyance that follows an earlier conveyance and that serves only to enlarge, confirm, alter, restrain, restore, or transfer the interest created by the primary conveyance. Also termed derivative conveyance; derivative deed. Cf. primary conveyance.

secondary creditor A creditor whose claim is subordinate to a preferred creditor's.

secondary creditor See CREDITOR.

secondary devise See alternative devise under DEVISE.

secondary devise See alternative devise.

secondary distribution 1. The public sale of a large block of previously issued stock. - Also termed secondary offering. See OFFERING. 2. The sale of a large block of stock after the close of the exchange.

secondary distribution See DISTRIBUTION.

secondary easement See EASEMENT.

secondary easement An easement that is appurtenant to the primary or actual easement; the right to do things that are necessary to fully enjoy the easement itself.

secondary enforcement See secondary right under RIGHT.

secondary enforcement See secondary right under RIGHT.

secondary evidence Evidence that is inferior to the primary or best evidence and that becomes admissible when the primary or best evidence is lost or inaccessible. Examples include a copy of a lost instrument or testimony regarding a lost instrument's contents. - Also termed mediate evidence; mediate testimony; substitutionary evidence. See Fed. R. Evid. 1004. Cf. best evidence.

secondary evidence See EVIDENCE.

secondary factor (usu. pl.) Patents. Objective evidence that courts consider in determining a patent claims nonobviousness. Secondary factors include "commercial success, long-felt but unsolved need, failure of others, and unexpected results." Graham v. John Deere Co., 383 US. 1, 17-18 (1966). - Also termed secondary consideration.

secondary insured See additional insured under INSURED.

secondary insurer See excess insurer under INSURER.

secondary insurer See excess insurer.

secondary invention An invention that uses or incorporates established elements or combinations to achieve a new and useful result.

secondary lender A wholesale mortgage buyer who purchases first mortgages from banks and savings-andloan associations, enabling them to restock their money supply and loan more money.

secondary liability See LIABILITY.

secondary marke See MARKET.

secondary meaning A special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or trade name was originally merely descriptive and therefore not protectable. The term does not refer to a subordinate or rare meaning, but rather to a later meaning that has been added to the original one borne by the mark or name and that has now become in the market its usual and primary meaning. Also termed special meaning; trade meaning. "Secondary meaning is association, nothing more. It exists only in the minds of those of the public who have seen or known or have heard of a brand of goods by some name or sign and have associated the two in their minds." Harry D. Nims, The Law of Unfair Competition and Trade-Marks 105 (1929).

secondary mortgage market See MORTGAGE MARKET.

secondary motion See MOTION (2).

secondary obligation See OBLIGATION.

secondary obligation A duty, promise, or under taking that is incident to a primary obligation; esp., a duty to make reparation upon a breach ofcontract. Also termed accessory obligation.

secondary offering 1. Any offering by an issuer ofsecurities after its initial public offering. 2. An offering of preViously issued securities by persons other than the issuer. See secondary distribution (1) under DISTRIBUTION.

secondary offering See OFFERING.

secondary party 1. A party not primarily liable under an instrument, such as a guarantor. 2. The drawer or indorser of a negotiable instrument.

secondary picketing The picketing ofan establishment with which the picketing party has no direct dispute in order to pressure the party with which there is a dispute. See secondary boycott under BOYCOTT; secondary strike under STRIKE

secondary picketing See PICKETING.

secondary register See SUPPLEMENTAL REGISTER.

secondary reserve ratio See RESERVE RATIO.

secondary reserve ratio The ratio between a bank s government securities and its demand and time deposits.

secondary right See RIGHT.

secondary right A right prescribed by procedural law to enforce a substantive right, such as the right to damages for a breach of contract. The enforcement ofa secondary right is variously termed secondary enforcement, remedial enforcement, or sanctional enforcement. Also termed remedial right; sanctioning right.

secondary strike See STRIKE.

secondary strike A strike against an employer because that employer has business dealings with another employer directly involved in a dispute with the union. See secondary boycott under BOYCOTT; secondary picketing under PICKETING.

secondary term Oil & gas. The term of an oil-and-gas lease after production has been established, typically lasting "as long thereafter as oil and gas is produced from the premises." See HABENDUM CLAUSE; PRIMARY TERM.

secondary trading See TRADING.

secondary use See shifting use under USE (4).

secondary-effects test A courts analysis of a regulation affecting free-speech interests to determine whether it is actually intended to diminish or eliminate an indirect harm flowing from the regulated expression. The test is used to distinguish content-specific regulation from content-neutral regulation. A regulation that is facially content-specific may be treated as contentneutral if its purpose is to diminish or eliminate a secondary effect of the speech, such as a zoning regulation for adult theaters when it is intended to limit crime. The test was first enunciated in City ofRenton v. Playtime 7heatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986).

secondary-line competition See vertical competition under COMPETITION.

secondary-line injury Under the price-discrimination provisions of the Robinson -Patman Act, the act of hindering or seeking to hinder competition among a sellers customers by selling substantially the same products at favorable prices to one customer, or a select group of customers, to the detriment of others. 15 USCA § 13(a). A secondary-line injury, which refers to competition among the sellers customers, is distinguishable from a primary-line injury, which refers to the anticompetitive effects that predatory pricing has on the direct competitors of the seller. Cf. PRIMARYLINE INJURY.

second-collision doctrine See CRASHWORTHlNESS DOCTRINE.

second-degree amendment See secondary amendment under AMENDMENT (3).

second-degree amendment See secondary amendment.

second-degree manslaughter See involuntary manslaughter under MANSLAUGHTER.

second-degree murder See MURDER.

second-degree principal See principal in the second degree under PRINCIPAL (2).

secondhand evidence See HEARSAY.

secondhand evidence See HEARSAY.