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second-impact doctrine See CRASHWORTHINESS DOCTRINE.

second-look doctrine 1. WAIT-AND-SEE PRINCIPLE. 2. An approach that courts use to monitor the continuing effectiveness or validity of an earlier order. For example, a family court may reconsider a waiver of alimony, and a federal court may reconsider a law that Congress has passed a second time after the first law was struck down as unconstitutional.

second-parent adoption See ADOPTION.

second-parent adoption An adoption by an unmarried cohabiting partner of a child's legal parent, not involving the termination of a legal parent's rights; esp., an adoption in which a lesbian, gay man, or unmarried heterosexual person adopts his or her partner's biological or adoptive child. See Restatement (Third) of Property: Wills and Other Donative Transfers § 2.5 cmt. i. Although not all jurisdictions recognize second-parent adoption, the practice is becoming more widely accepted. See In re Adoption ofB.L.V.B., 628 A.2d 1271 (Vt. 1993); In re Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993); In re Adoption of Evan, 583 N.y'S.2d 997 (Sur. Ct. 1992). Also termed de facto stepparent adoption; pseudo-stepparent adoption. Cf. stepparent adoption.

second-permittee doctrine The principle that, when a third person is allowed to use an insureds car by permission granted by someone else to whom the insured gave permission to use the car, the third persons use of the car will be a permissive use, under the insureds automobile-liability-insurance policy, as long as that use falls within the scope of the permission originally given by the insured.

seconds Commercial law. Goods that are defective or nonconforming because they do not meet a recognized standard.

second-step freezeout A freezeout that takes place as the final phase of a two-step takeover, after the initial phase in which a majority interest is acquired by the purchase of shares in a tender offer, on the open market, from the issuer, from a control group, or from an issuer-control-group combination.

second-step freezeout See FREEZEOUT.

second-tier patent See UTILITY MODEL.

secrecy The state or quality of being concealed, esp. from those who would be affected by the concealment; hidden.

secret 1. Something that is kept from the knowledge of others or shared only with those concerned. See STATE SECRET; TRADE SECRET. 2. Information that cannot be disclosed without a breach of trust; specif information that is acquired in the attorney-client relationship and that either (1) the client has requested be kept private or (2) the attorney believes would be embarrassing or likely to be detrimental to the client if disclosed. Under the ABA Code of Professional Responsibility, a lawyer usu. cannot reveal a clients secret unless the client consents after full disclosure. DR 4-101. Cf. CONfIDENCE (3).

secret ballot A vote cast in such a way that the person voting cannot be identified. Cf Australian ballot. 'The secret ballot, when used to protect citizens when choosing their representatives, is a hallmark of a demo-cratic system of government; but, when it is used to conceal a public official's vote, it violates the fundamental tenet of an elected or appointed official's ultimate accountability to the electorate," Op. Tex. Att'y Gen. H-1l63 (1978).

secret ballot See BALLOT (2).

secret detainee A person who is held, usu. without being formally charged with a crime or facing any other legal proceedings, in an undisclosed place, and whose detention is unknown to anyone other than the detaining authority. Also termed ghost detainee. See secret detention under DETENTION.

secret detainee See DETAINEE.

secret detention The holding of a suspect in an undisclosed place, without formal charges, a legal hearing, or access to legal counsel, and without the knowledge of anyone other than the detaining authority. See secret detainee under DETAINEE. 2. Custody of property; esp., an employee's custody of the employer's property without being considered as having legal possession of it.

secret detention See DETENTION.

secret diplomacy Diplomacy carried on behind closed doors. Also termed quiet diplomacy.

secret diplomacy See DIPLOMACY.

secret equity See latent equity. 6. The right to decide matters in equity; equity jurisdiction <the court decided that the wrong was egregious enough to ignore the statute of limitations and decide the case in equity>. 7. The amount by which the value of or an interest in property exceeds secured claims or liens; the difference between the value of the property and all encumbrances upon it <thanks to the real-estate boom, the mortgaged house still had high equity>. Also termed cushion.

secret equity See latent equity under EQUITY.

secret evidence See EVIDENCE.

secret evidence Classified information that may be used against a defendant in an immigration proceeding but withheld from the defendant, the defendant's lawyer, and the public on national-security grounds. The use of secret evidence was made easier under the Anti-Terrorism and Effective Death Penalty Act of 1996.

secret lien See LIEN.

secret partner A partner whose connection with the firm is concealed from the public. Also termed sleeping partner.

secret partner See PARTNER.

Secret Service See UNITED STATES SECRET SERVICE.

secret session See executive session.

secret session See executive session under SESSION (1).

secret testament See mystic will under WILL.

secret trust See TRUST.

secret will See mystic will under WILL.

secretarius (sek-ra-tair-ee-as), n. [Law Latin] See APOCRISARIUS.

secretary 1. An administrative assistant. 2. A corporate officer in charge of official correspondence, minutes of board meetings, and records of stock ownership and transfer. Also termed clerk ofthe corporation. 3. Parliamentary law. An officer charged with recording a deliberative assemblys proceedings. Also termed clerk; recorder; recording secretary; recording officer; scribe.

Secretary of Health and Human Services The member of the Presidents cabinet who heads the U.S. Department of Health and Human Services.

Secretary General The chief administrative officer of the United Nations, nominated by the Security Council and elected by the General Assembly.

Secretary of Agriculture The member of the Presidents cabinet who heads the U.S. Department of Agriculture.

Secretary of Commerce The member of the Presidents cabinet who heads the U.S. Department of Commerce.

Secretary of Defense The member of the Presidents cabinet who heads the U.S. Department of Defense.

Secretary of Education The member of the Presidents cabinet who heads the U,S. Department of Education.

secretary of embassy A diplomatic officer appointed as secretary or assistant, usu. to an ambassador or minister plenipotentiary.

Secretary of Energy The member of the Presidents cabinet who heads the U.S. Department of Energy.

Secretary of Health and Human Services The member of the Presidents cabinet who heads the U.S. Department of Health and Human Services.

Secretary of Homeland Security The member of the Presidents cabinet who heads the u.s. Department of Homeland Security.

Secretary of Housing and Urban Development The member of the Presidents cabinet who heads the U.S. Department of Housing and Urban Development.

Secretary of Labor The member of the Presidents cabinet who heads the U.S. Department of Labor.

secretary of legation An officer employed to attend a foreign mission and perform certain clerical duties.

Secretary of State 1. The member of the Presidents cabinet who heads the U.S. Department of State. The Secretary is the first-ranking member ofthe cabinet and is also a member of the National Security Council. He or she is fourth in line of succession to the presidency after the Vice President, the Speaker of the House, and the President pro tempore of the Senate. 2. A state government official who is responsible for the licensing and incorporation ofbusinesses, the administration of elections, and other formal duties. The secretary ofstate is elected in some states and appointed in others.

Secretary of the Interior The member of the Presidents cabinet who heads the U.S. Department of the Interior.

Secretary of the Treasury The member of the Presidents cabinet who heads the U.S. Department of the Treasury.

Secretary of Transportation The member of the Presidents cabinet who heads the U.S. Department ofTransportation.

Secretary of Veterans Affairs The member of the Presidents cabinet who heads the U.S. Department of Veterans Affairs.

secrete (si-kreet), vb. To conceal or secretly transfer (property, etc.), esp. to hinder or prevent officials or creditors from finding it.

secretion of assets The hiding of property, usu. for the purpose of defrauding an adversary in litigation or a creditor.

secta (sek-ta), n. [Latin "suit"] 1. Roman law. A group of followers, as of a particular religion or school of philosophy, law, etc. a religious sect. 2. People whom a plaintiff must bring to court to support the plaintiffs case. 3. A lawsuit.

secta ad molendinum See DE SECTA AD MOLENDINUM.

secta curiae (sek-ta-kyoor-ee-ee). [Latin "suit of court"]. Attendance at court, esp. by feudal tenants, who are obligated to attend the lords court as jurors or parties.

secta facienda per Wam quae habet eniciam partem (sek-ta fay-shee-en-da par il-alm kwee hay-bat i-ish¬ee-o:lm pahr-tam), n. [Law Latin "suit to be performed by her who has the eldest part"]. A writ ordering the eldest heir or coparcener to perform suit and services for all the coheirs or coparceners.

secta regalis (sek-ta ri-gay-lis). [Latin "kings suit"]. An obligation to attend the sheriffs court twice a year, so called because it had the same functions and jurisdiction as the kings court.

secta unica tantum facienda pro pluribus haereditatibus (sek-ta yoo-na-ka tan-tam fay-shee-en- da proh ploor-a-bas ha-red-a-tay-ta-bas), n. [Law Latin "one suit alone to be performed for several inheritances"]. A writ exempting the eldest heir, distrained by a lord to perform several services for the coheirs, from performing all services but one.

sectarian adj. Of or relating to a particular religious sect <sectarian college>.

sectatoris (sek-ta-tor-is), n. [Latin] Roman law. A supporter of a candidate for office, who accompanied a candidate during a campaign, primarily to impress voters. PI. sectatores.

section 1. A distinct part or division of a writing, esp. a legal instrument. - Abbr. §; sec.; s. 2. Real estate. A piece of land containing 640 acres, or one square mile. Traditionally, public lands in the United States were divided into 640-acre squares, each one called a "section." - Also termed section of land.

Section 101 rejection See REJECTION.

Section 101 rejection Rejection of a patent application on the ground that it is based on nonstatutory subject matter. 35 USCA § 101.

Section 102 rejection Rejection of a patent application for lack of novelty. 35 USCA § 102.

Section 102 rejection See REJECTION.

Section 103 rejection See REJECTION.

Section 103 rejection Rejection of a patent application for obviousness. 35 USCA § 103.

Section 112 rejection See vague-and-indefinite rejection.

Section 112 rejection See vague-and-indefinite rejection under REJECTION.

Section 15 affidavit See DECLARATION OF INCOKTESTABILITY.

Section 15 declaration See DECLARATION OF INCONTESTABILITY.

Section 43(a) action A private cause of action codified in the Lanham Trademark Act and covering a broad spectrum of deceptive trade practices, including passing off, false advertising, trade-dress infringement, trademark dilution, and cyperpiracy. 15 USCA § 1125(a).

Section 8 affidavit See DECLARATION OF USE.

Section 8 and 15 affidavit See COMBINED § 8 AND § 15 AFFIDAVIT.

Section 8 and 15 declaration See COMBINED § 8 AND § 15 AFFIDAVIT.

Section 8 declaration See DECLARATION OF USE.

section 8(f) agreement Labor law. A labor contract that is negotiated between an employer in the construction business and a union that cannot demonstrate that it represents a majority of the employees at the time the contract is executed. 29 USCA § 158(f). This is an exception to the general rule that an employer need only negotiate with a union that can demonstrate majority status. It was enacted in part because of the nature of the construction industry, in which the employers may have several different jobs in different parts of the country, the jobs are typically completed in a relatively short time, and the workforce is often transient. Since the workforce often does not have sufficient ties to a particular employer to petition for a certification election, section 8(f) agreements provide a certain level of protection in recognition of that fact. But section 8(f) agreements are not equivalent to collective-bargaining agreements. For example, the employer can legally repudiate the agreement at any time, and the employees may not legally picket to enforce the agreement. The main protection such an agreement provides is a monetary obligation, which can be enforced, if necessary, in federal court. And if the union achieves majority status, the section 8(f) agreement will essentially become a fully enforceable collective-bargaining agreement.

section of land See SECTiON (2).

sectis non faciendis (sek-tis non fay-shee-en-dis). See DE SEC TIS NON FACIENDIS.

sector (sek-tor), n. [Latin] Roman law. A successful bidder at a public auction. Pi. sectores.

sector search See zone search under SEARCH.

sector search See zone search.

secular adj. Worldly, as distinguished from spiritual <secular business>.

secular clergy 1. Clergy who have no particular religious affiliation or do not belong to a particular religious denomination. 2. Clergy who live in their parishes and minister there, as contrasted with regular clergy who live in monasteries.

secular trust See TRUST (3).

secundum (si-kan-dam), adj. [Latin] Roman law. According to; in favor of, as in secundum actorem ("in favor of the plaintiff).

secundum chartam conficiendam (sa-kan-dam kahr-tam kan-fish-ee-eu-dam). [Law Latin]. According to a charter to be granted. Cf. SECUNDUM TENOREM CHARTAE CONFECTAE.

secundum legem communem (si-kan-dam lee-jam ka-myoo-nam). [Law l.atin]. According to the common law.

secundum aequum et bonum (si-kan-dam ee-kwam et boh-am). [Latin]. According to what is just and good.

secundum allegata et probata (si-kan-dam al-a-gay-ta et pra-bay-ta). [Latin]. According to what is alleged and proved.

secundum artem (si-kan-dam ahr-tam). [Latin]. According to the art or trade.

secundum bonos mores (si-kan-dam boh-nohs mor-eez). [Latin]. According to good usages; customary.

secundum bonum et aequum (sa-kan-dam boh-nam et ee-kwam). [Latin]. According to that which is good and equitable.

secundum consuetudinem manerii (si-kan-dam kon-swa-t[y]oo-da-nam ma-neer-ee-i). [Law Latin] According to the custom of the manor.

secundum formam chartae (si-kan-dam for-mam kahr¬tee). [Law Latin]. According to the form of the charter.

secundum formam doni (si-kan-dam for-mam doh-ni). [Latin]. According to the form of the gift or grant.

secundum formam statuti (si-kan-dam for-mam sta-t[y] oo-ti). [Law Latin]. According to the form of the statute.

secundum legem domicilii, velloc; contractus (sa-kan-dam lee-jam dom-a-sil-ee-i, velloh-si kan-trak-tas). [Law Latin]. According to the law of the domicile or of the place where the contract was entered into. See LEX LOCI CONTRACTUS.