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selective enforcement The practice of lawenforcement officers who use wide or even unfettered discretion about when and where to carry out certain laws; esp., the practice of singling a person out for prosecution or punishment under a statute or regulation because the person is a member of a protected group or because the person has exercised or is planning to exercise a constitutionally protected right. - Also termed selective prosecution. Cf. vindictive prosecution under PROSECUTION. The chief of police of a New England town once declared to the press that he believed in a strict curfew law, selectively enforced. Selective enforcement in this case means that the policeman decides for himself who ought to be sent home from the street; legislative candour would suggest that if this is the intention it ought to be expressed in the law itself, instead of being concealed behind words that are strict and categorical." Lon L. Fuller, Anatomy of the Law 42 (1968).

selective incorporation Incorporation of certain provisions of the Bill of Rights.o Justice Benjamin Cardozo, who served from 1932 to 1938, first advocated this approach.

selective incorporation See INCORPORATION.

selective prosecution 1. SELECTIVE ENFORCEMENT. 2. The practice or an instance of a criminal prosecution brought at the discretion of a prosecutor rather than one brought as a matter of course in the normal functioning of the prosecuting authoritys office. Selective prosecution violates the Equal Protection Clause of the Fourteenth Amendment if a defendant is singled out for prosecution when others Similarly situated have not been prosecuted and the prosecutors reasons for doing so are impermissible.

selective prosecution See SELECTIVE PROSECUTION.

selective prospectivity A courts decision to apply a new rule oflaw in the particular case in which the new rule is announced, but to apply the old rule in all other cases pending at the time the new rule is announced or in which the facts predate the new rules announcement.

selective-draft law A statute empowering the federal government to conscript citizens for military duty. The constitutionality of the first selective-draft law was challenged and upheld in the Selective-Draft-Law Cases. See Arver v. United States, 245 U.S. 366, 38 S.Ct. 159 (1918).

selectman A municipal officer elected annually in some New England towns to transact business and perform some executive functions.

self-applying adj. (Of a statute, ordinance, etc.) requiring no more for interpretation than a familiarity with the ordinary meanings of words.

self-authentication Authentication without extrinsic evidence of truth or genuineness.o In federal courts, certain writings, such as notarized documents and certified copies of public records, may be admitted into evidence by self-authentication. Fed. R. Evid. 902.

self-authentication See AUTHENTICATION.

self-canceling installment note See NOTE (1).

self-crimination See SELF-INCRIMINATION.

self-critical-analysis privilege See PRIVILEGE (3).

self-critical-analysis privilege A privilege protecting individuals and entities from divulging the results of candid assessments of their compliance with laws and regulations, to the extent that the assessments are internal, the results were intended from the outset to be confidential, and the information is of a type that would be curtailed if it were forced to be disclosed. This privilege is founded on the public policy that it is beneficial to permit individuals and entities to confidentially evaluate their compliance with the law, so that they will monitor and improve their compliance with it. Also termed self-policing privilege; self-evaluation privilege.

self-dealing Participation in a transaction that benefits oneself instead of another who is owed a fiduciary duty. For example, a corporate director might engage in self-dealing by participating in a competing business to the corporations detriment. Cf. FAIR DEALING (1), (2). ¬self-deal, vb.

self-defense 1. The use of force to protect oneself, ones family, or ones property from a real or threatened attack. Generally, a person is justified in using a reasonable amount of force in self-defense if he or she reasonably believes that the danger of bodily harm is imminent and that force is necessary to avoid this danger. Also termed defense of seif. Cf. adequate provocation under PROVOCATION. The law of self-defence, as it is applied by the courts, turns on two requirements: the force must have been necessary, and it must have been reasonable." Andrew Ashworth, Principles of Criminal Law 114 (1991).

self-defense See SELF-DEFENSE.6. A country's military establishment. See NATIONAL DEFENSE (2). - Also spelled in all senses (esp. in BrE) defence. 7. TAKEOVER DEFENSE.

self-destruct clause A provision in a trust for a condition that will automatically terminate the trust. Discretionary trusts, esp. supplemental-needs trusts, often include a self-destruct provision. For example, a trust to provide for the needs of a disabled person may terminate if the beneficiary becomes ineligible for a government-benefits program such as Medicaid.

self-destruction See SUICIDE (1).

self-determination contract Under the Indian Self Determination and Education Assistance Act, an agreement under which the federal government provides funds to an Indian tribe and allows the tribe to plan and administer a program that would otherwise be administered by the federal government. 25 USCA § 450b(j).

self-determination contract See CONTRACT.

self-determination election See GLOBE ELECTION.

self-disserving declaration See declaration against interest under DECLARATION (6).

self-disserving declaration See declaration against interest.

self-employed retirement plan See KEOGH PLAN.

self-employment tax See TAX.

self-employment tax The Social-Security and Medicare tax imposed on the net earnings of a self-employed person.

self-evaluation privilege See self-critical-analysis privilege under PRIVILEGE (3).

self-executing adj. (Of an instrument) effective immediately without the need of any type of implementing action <the wills had self-executing affidavits attached>. Legal instruments may be self-executing according to various standards. l;or example, treaties are self-executing under the Supremacy Clause of the U.S. Constitution (art. VI, § 2) if textually capable of judicial enforcement and intended to be enforced in that manner.

self-help An attempt to redress a perceived wrong by ones own action rather than through the normal legal process. The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609. - Also termed self-redress; extrajudicial enforcement. "Notice to the debtor is generally not required prior to self-help repossession of collateral by the creditor upon default, although the provision for self-help repossession has been held to violate due process requirements in some instances, and states under the Uniform Consumer Credit Code require particular notice requirements. Furthermore, while the UCC generally does not require notice to the debtor upon self-help repossession of the collateral upon the debtors default, the agreement between the parties may require such notice prior to repossession." 68A Am. Jur. 2d Secured Transactions § 608, at 466 (1993).

self-help remedy See extrajudiCial remedy under REMEDY.

self-help remedy See extrajudicial remedy.

self-incrimination The act of indicating ones own involvement in a crime or exposing oneself to prosecution, esp. by making a statement. - Also termed self-crimination; self-inculpation. See RIGHT AGAINST SELF-INCRIMINATION.

Self-Incrimination Clause The clause of the Fifth Amendment to the U.S. Constitution barring the government from compelling criminal defendants to testify against themselves.

self-inculpation See SELF-INCRIMLNATION.

self-induced frustration A breach of contract caused by one party's action that prevents the performance. The phrase is something of a misnomer, since self-induced frustration is not really a type of frustration at all but is instead a breach of contract.

self-induced frustration See FRUSTRATION.

self-induced intoxication See voluntary intoxication.

self-induced intoxication See voluntary intoxication under INTOXICATION.

self-insurance A plan under which a business maintains its own special fund to cover any loss. Unlike other forms of insurance, there is no contract with an insurance company. Also termed first-party insurance.

self-insurance See INSURANCE.

self-insured retention The amount of an otherwise-covered loss that is not covered by an insurance policy and that usu. must be paid before the insurer will pay benefits <the defendant had a $1 million CGL policy to cover the loss, but had to pay a self-insured retention of $100,000, which it had agreed to so that the policy premium would be lower>. Abbr. SIR. Cf. DEDUCTIBLE.

self-killing See SUICIDE (1).

self-liquidating mortgage See amortized mortgage under MORTGAGE.

self-murder See SUICIDE (1).

self-policing privilege See self-critical-analysis privilege under PRIVILEGE (3).

self-proved will See WILL.

self-proving affidavit An affidavit attached to a will and signed by the testator and witnesses certifying that the statutory requirements of due execution of the will have been complied with. The affidavit, which recites the facts of the will's proper execution, permits the will to be probated without the necessity of having the witnesses appear and prove due execution by their testimony.

self-proving affidavit See AFFIDAVIT.

self-redress See SELF-HELP.

self-regulation See REGULATION (1).

self-regulation The process by which an identifiable group of people, such as licensed lawyers, govern or direct their own activities by rules; specif., an organization s or industry s control, oversight, or direction of itself according to rules and standards that it establishes. Self-regulation is often subject to the oversight of various governmental agencies, such as the Securities Exchange Commission and the Commodities Futures Trading Commission. 2. BYLAW (1) <the CEO referred to the corporate regulation>. 3. A rule or order, having legal force, usu. issued by an administrative agency <Treasury regulations explain and interpret the Internal Revenue Code>. Abbr. (usu. cap.) reg. Also termed (in sense 3) agency regulation; subordinate legislation; delegated legislation. See MERIT REGULATION. regulatory, regulable, adj. - regulate, vb.

self-regulatory organization A nongovernmental organization that is statutorily empowered to regulate its members by adopting and enforcing rules of conduct, esp. those governing fair, ethical, and efficient practices. Abbr. SRO.

self-represented litigant See PRO SE.

self-serving declaration See DECLARATION (6).

self-serving declaration An out-of-court statement made to benefit one's own interest. 7. Common-law pleading. The plaintiff's first pleading in a civil action .o It is an amplification of the original writ on which the action is founded, with the additional circumstances of the time and place of injury. In a real action, the declaration is called a count. Today the equivalent term in English law is statement of claim; in most American jurisdictions, it is called a petition or complaint. - Also termed narratio. See COUNT (2), (3). Cf. PLEA (2). 'The declaration is a statement of all material facts constituting the plaintiff's cause of action in a methodical and legal form. It consists of the following parts: (a) Statement of title of court. (b) Statement of venue in the margin. (c) The commencement. (d) The body, or statement of the cause of action. (e) The conclusion." Benjamin J. Shipman, Handbook of Common-Law Pleading § 76, at 192 (Henry Winthrop Ballantine ed., 3d ed. 1923).

self-settled trust See TRUST.

self-slaughter See SUICIDE (1).

self-stultification The act or an instance of testifying about ones own deficiencies. See STULTIFY.

sell vb. (bef. 12c) To transfer (property) by sale.

sell order An investor s instruction to sell stock.

sell order See ORDER (8),

seller 1. A person who sells or contracts to sell goods; a vendor. UCC § 2-103(l)(d). 2. Generally, a person who sells anything; the transferor of property in a contract of sale.

seller s option A special stock-exchange transaction that gives the seller the right to deliver the security within a specified period, usu. 5 to 60 days.

sellers market See MARKET.

sellers option See OPTION.

selling agent The real-estate broker's representative who sells the property, as opposed to the agent who lists the property for sale. Cf. LISTING AGENT.

selling agent See AGENT (2).

selling price See sales price under PRICE.

sell-off A period when heavy pressure to sell causes falling stock-market prices.

semble (sem-bal). [Law French]. It seems; it would appear <semble that the parties intention was to create a binding greement>. This term is used chiefly to indicate an obiter dictum in a court opinion or to introduce an uncertain thought or interpretation. - Abbr. sem.; semb.

semestria (si-mes-tree-a), n. [Latin «half-yearly matters"] Roman law. The collected decisions of Roman emperors, issued every six months.

Semiconductor Chip Protection Act Intellectual property. A 1984 statute protecting manufacturers against the unauthorized copying or use of semiconductor chips and the mask works used to manufacture them. Semiconductor chips do not qualify for patent protection since technological advancements are small and usu. obvious. Mask works are multi-layered, threedimensional templates used to produce semiconductor chips. Mask-work design is more functional than expressive and so traditional copyright protection was inapplicable until 1984. The Act provides copyright protection to the mask works for a period of ten years. 17 USCA §§ 901-914. - Abbr. SCPA.

semi-free software Software that does not include source code but comes with permission for individuals to use, copy, modify, and distribute the software for nonprofit purposes. Cf. FREEWARE; PROPRIETARY SOFTWARE; SHAREWARE.

semi-matrimonium (sem-i ma-tra-moh-nee-am), n. [Latin] A half-marriage. seminary. 1. An educational institution such as a college, academy, or other school; esp., one that trains students for the clergy. 2. The building in which the institution performs its functions.

seminaufragium (sem-i-naw-fray-jee-am), n. [Latin]. A half-shipwreck, as when goods are cast overboard in a storm or when a damaged ships repair costs are more than the ships worth.

semiplena probatio (sem-i-plee-na proh-bay-shee-oh), n. [Latin] Half-proof. "In actions of filiation, a pursuer was formerly entitled, on adducing a semiplena probatio, to her oath in supplement to prove that the defender was the father of her child. A semiplena probatiowas such a proof as induced, not merely a suspicion, but a reasonable beliefthat the pursuers case was well-founded, and consisted generally of a proof of opportunity for connection, acts of familiarity on the part of the defender towards the pursuer, &c ...." John Trayner, Travners Latin Maxims 569 (4th ed. 1894).

semi-secret trust See TRUST.

semi-skilled work See WORK (1).

semper (sem-par). [LatinJ Always. This term introduces several Latin maxims, such as semper in dubiis benigniora praeferenda sunt nn doubtful cases, the more favorable constructions are always to be preferred").

semper paratus A defendants pleading that he or she has always been ready to perform as the plaintiff demanded.

senage (see-nij). [French] Money paid for synodals; tribute-money. See SYNODAL.

senate 1. The upper chamber of a bicameral legislature. 2. (cap.) The upper house of the U.S. Congress, composed of 100 members - two from each state - who are elected to six-year terms. -Abbr. S.

senate bill (often cap.), A legislative bill being considered by a senate. - Abbr. S.B.

senate hill See BILL (3).

senator A person who is a member of a senate.

Senator of the College of Justice See LORD OF SESSION.

senatores (sen-a-tor-eez), n. pl. [Latin] Roman law. 1. Members of the Roman senate. 2. Members of municipal councils.

senatorial courtesy 1. The tradition that the President should take care in filling a high -level federal post (such as a judgeship) with a person agreeable to the senators from the nominees home state, lest the senators defeat confirmation. The risk of a deadlock is minimized by [the Presidents] consulting informally with the Senators from the State in which the office lies, if they are members of his own political party. Actually this amounts in most instances to his taking the advice of these two Senators as to a selection. A nomination approved by them is practically certain of final confirmation by the Senate as a whole. The arrangement is a log-rolling one, which has been dignified by the name of Senatorial courtesy. If you will help me to get the appointments I want in my State, I will help you get the appointments you want in your State. Herbert W. Horwill, The Usages of the American Constitution 129 (1925). 2. Loosely, civility among senators <a decline of senatorial courtesy>.

senatus (si-nay-tas), n. [Latin] Roman law. l.lhe Roman senate. 2. The meeting place for the Roman senate.

senatus consulto (si-nay-tas kan-sal-toh). [Latin] Roman law. By the decree of the Senate.

senatus consultum (si-nay-tas kan-sal-tam). [Latin] Roman law. In the Republic, a resolution of the Roman Senate, which did not have the force oflaw (though usu. followed). - In the first century A.D., these resolutions replaced the legislation of the comitia, but by the end of the second century, they were merely the Senates official expression of the imperial will. The senate often adopted the text ofa speech (oratio) by the mperor. Sometimes written senatusconsulturn. Also termed senatu5 consult. Abbr. S.C. PI. senatus consulta. "Senatus consulta. In the regal and republican periods the Senate enjoyed no legislative power. It was an advisory body, nominated by the King, and at first purely patrician. Later it ... included patricians and plebeians ... its chief duty still being to tender advice to the magistrates .... The theory still was, till the time of Hadrian, that senarus consulta were directions to the magistrates, who were now in fact, if not in name, bound to give effect to them, till by a process of gradual usurpation senatus consulta came to be direct legislation." R.W. Leage, Roman Private Law 12-13 (C.H. Ziegler ed., 2d ed. 1930).

senatus consultum Macedonianum (si-nay-tas kan-sal¬tam mas-a-doh-nee-ay- nam). [Latin Macedos Reso¬lution] Roman law. A senate decree under Vespasian to protect fathers from children in their power who had borrowed excessive sums in expectation of their fathers death, by making actions to recover such loans unlawful. Also termed Macedonian Decree. "In the principate of Vespasian, 69•79 A.D., a senatus cansultumwas passed which forbade loans to a filius-familias. It was called the senatus consultum - Macedonianum, after one Macedo, a usurer who had made such a loan and thereby instigated a hard-pressed debtor to kill his father in order to enter into his inheritance. To prevent tragic possibilities like these, the senatus consultum declared that no action would lie to recover money lent to a filius-familias." Max Radin, Handbook of Roman Law 188-89 (1927). "The senatus consultum Macedonianum reads as follows: Whereas Macedos borrowings gave him an added incentive to commit a crime to which he was naturally predisposed and whereas those who lend money on terms which are dubious, to say the least, often provide evil men with the means of wrongdoing, it has been decided, in orderto teach pernicious moneylenders that a sons debt cannot be made good by waiting for his fathers death, that a person who has lent money to a son-in-power is to have no claim or action even after the death of the person in whose power he was. Digest of justinian 14.6.1 (Ulpian, Ad Sabinum 49).

senatus consultum ultimum necessitatis (si-nay-tas kan-sal-tam al-a)-mee na-ses-i-tay-tis). [Latin] Roman law. A decree of the senate of the last necessity. This decree usu. preceded the nomination ofa leader with absolute power in a time of emergency. Also termed senatus consultum ultimae necessitatis.

senatus consultum Velleianum (si-nay-tas kan-sal-tam vel-ee-ay-nam). [Latin "Yelleian Decree") Roman law. A senate decree, probably of A.D. 46, to protect women from making unconscionable guarantees, suretyship undertakings, or debt assumptions for their husbands and for others generally. by making actions to enforce such undertakings unlawful.

senatus decreta (si-nay-tas di-kree-ta). [Latin] Roman law. The senates decisions.

sending state The country from which a diplomatic agent or consul is sent abroad. Cf. receiving state.

sending state See STATE.

senescallus (sen-as-kal-as), n. [Law Latin] See SENESCHAL.