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sequatur sub suo periculo

(si-kway-tar sab s[y]oo-oh pa-rik-[y]a-loh), n. [Law Latin "let him follow at his peril"]. A writ available when a sheriff returned nihil to several summonses; specif., a writ issued after the sheriff returned nihil to a warrant ad warrantizandum and follOWing an alias and a pluries writ See SICUT ALIAS.

sequela

(si-kwee-la), n. [Latin "that which follows"]. Suit; process, as in sequela curiae ("a suit of court") and sequela causae ("the process of a cause"). pl. sequelae (si-kwee-Iee).

sequela villanorum

(si-kwee-la vil-a-nor-am). [Law Latin]. The family and appurtenances to a villeins goods, which were at the lords disposal.

sequence listing

A description of the nucleotide or amino-acid chain in a biotechnological invention.

sequential journal

See JOURNAL OF NOTARIAL ACTS.

sequential marriage

See BIGAMY (2).

sequester

(si-kwes-tar), 1. An across-the-board cut in government spending. 2. A person with whom litigants deposit property being contested until the case has concluded; a sequestrator.

sequester

1. To seize (property) by a writ of sequestration. 2. To segregate or isolate (a jury or witness) during trial. 3. Eccles. law. To excommunicate. See EXCOMMlJNICATION. Also (erroneously) termed sequestrate.

sequestered account

An account (such as a joint bank account) that a court has ordered to be separated, frozen, and impounded.

sequestered account

See ACCOUNT.

sequesterer

See SEQUESTRATOR.

sequestrarifacias

(see-kwes-trair-i fay-shee-as), n. [Law Latin "you are to cause to be sequestered"]. Eccles. law. A process to enforce a judgment against a clergyman in a benefice, by which the bishop was ordered to sequester a churchs rents, tithes, or other profits until the debt was paid.

sequestrate

See SEQUESTER.

sequestratio

(see-kwes-tray-shee-oh), n. [Latin] Roman law. The depositing of an object in dispute with a holder, the sequester, either voluntarily or by court order. Pl. sequestrationes (see-kwes-tray-shee-oh-neez).

sequestration

(see-kwes-tray-shan), n. (16c) 1. The process by which property is removed from the possessor pending the outcome of a dispute in which two or more parties contend for it. Cf. ATTACHMENT (1); GARNISHMENT.

sequestration for rent

A landlords remedy to recover up to one years unpaid rent by seizing and selling, under court order, the tenants personal property. Cf. DISTRESS (2).

sequestrator

(see-kwes-tray-tar). 1. An officer appointed to execute a writ of sequestration. "[A] sequestrator was an officer of the Court of Chancery acting under the order of that court in seizing property. The law courts appear, however, to have held that the holder of the property could resist seizure by the officer of the Court of Chancery, and indeed kill that officer if necessary to prevent the seizure. And if he killed the officer, he would not be held gUilty of murder because the Court of Chancery was an illegal tribunal or its decrees were illegal, and could not justify an officer in seizing the property mentioned in the order." Charles Herman Kinnane, A First Book on AngloAmerican Law 306 (2d ed. 1952). 2. A person who holds property in sequestration. Also termed sequesterer.

sequestro habendo

(si-kwes-troh ha-ben-doh), n. [Law Latin]. Eccles. law. A writ from the sovereign to the bishop ordering the discharge of the sequestration of a benefices profits.

serendipity doctrine

Criminal procedure. The principle that all evidence discovered during a lawful search is eligible to be admitted into evidence at trial.

serf

A person in a condition of feudal servitude, bound to labor at the will of a lord; a villein. Serfs differed from slaves in that they were bound to the native soil rather than being the absolute property of a master. "As the categories became indistinct, the more abject varieties of slavery disappeared and in the twelfth century the word villein became the general term for unfree peasants. Serf did not become a legal term of art, and in so far as it remained in use it did not connote a status lower than that of villein. The merger was to the detriment of the villani, but it ensured that full slavery was not received as part of the common law. j.H. Baker, An Intmduction to English Legal History 532 (3d ed. 1990).

sergeant

1. A person who is not a knight but holds lands by tenure of military service. 2. A municipal officer performing duties for the Crown. 3. A bailiff. 4. SERGEANT-AT-ARMS. 5. A noncommissioned officer in the armed forces ranking a grade above a corporal. 6. An officer in the police force ranking below a captain or lieutenant. - Also spelled serjeant.

Sergeant Schultz defense

An assertion by a criminal or civil defendant who claims that he or she was not an active partiCipant in an alleged scheme or conspiracy, and that he or she knew nothing, saw nothing, and heard nothing. This defense is named after a character from the television series Hogans Heroes, in which Sergeant Schultz, a German guard in charge of prisoners of war during World War II, would avoid responsibility for the prisoners schemes by proclaiming that he saw nothing and knew nothing.

sergeant-at-arms

1. An armed officer attending a sovereign. 2. An officer the Crown assigns to attend a session of Parliament. 3. A legislative officer charged with maintaining order and serving notices and process on behalf of the legislative body and its committees. 4. Parliamentary law. An officer charged with helping keep order in a meeting under the chairs direction. Also spelled (in senses 1, 2, & 4) serjeant-at-arms. Also termed (in sense 4) warden; warrant officer.

sergeantry

See SERJEANTY.

sergeanty

See SERJEANTY.

serial bond

A bond issued concurrently with other bonds having different maturity dates.

serial bond

See BOND (3).

serial consideration

See consideration seriatim under CONSIDERATION (2).

serial consideration

See consideration seriatim. 3. Hist. A court's judgment. Also termed (in Roman law) consideratio.

serial murder

See MURDER.

serial note

See installment note under NOTE (1).

serial number

1. A number assigned to a specific thing, esp. a product, to identify it from other things of the same kind. While serial numbers are usually assigned in numerical order, they may also be random. 2. Patents & Trademarks. An identifying number assigned to a completed patent or trademark application. The serial number is assigned when the application is received or completed. See APPLICATION NUMBER.

serial polygamy

See POLYGAMY (2).

serial right

The right of publication; esp., a right reserved in a publishing contract giving the author or publisher the right to publish the manuscript in installments (as in a magazine) before or after the publication of the book.

serial violation

The practice by an employer of committing a series of discriminatory acts against an employee, all of which arise out of the same discriminatory intent or animus. Such a series of discriminatory acts will usu. be considered a continuing violation. For a claim on the violation to be timely, at least one of the discriminatory acts must have taken place within the time permitted to assert the claim (e.g., 300 days for a Title VII claim). Cf. SYSTEMATIC VIOLATION.

seriatim

(seer-ee-ay-tim), adj. Occurring in a series.

seriatim

adv. [Latin] One after another; in a series; successively <the court disposed of the issues seriatim>. See consideration seriatim under CONSIDERATION. Also termed sedately (seer-ee-at-lee).

seriatim opinions

See OPINION (1).

seriatim opinions

(seer-ee-ay-tim). A series of opinions written individually by each judge on the bench, as opposed to a single opinion speaking for the court as a whole.

series bonds

A group of bonds issued under the authority of the same indenture, but offered publicly at different times and with different maturity dates and interest rates.

series bonds

See BOND (3).

series code

Patents & Trademarks. A numerical designation aSSigned to any of a group of applications for patent or trademark registration filed in the U.S. Patent and Trademark Office. The series code is part of an application number and is followed by a slash. For example, if the application number is 09/445,323, then 09 is the series code, and the application is the 445,323rd application in that batch. For ordinary patent applications, series codes are aSSigned for a group of applications filed during a particular period. Nonprovisional patent applications are aSSigned series codes from 01 to 10, depending on the period during which the application was filed. The series code for design applications is 29, for provisional applications 60, for ex parte reexamination proceedings 90, and for inter partes reexamination proceedings 95. For trademark applications, the series code usu. begins with numbers between 70 and 75. Also termed batch number.

series rerum judicatarum

(seer-a-eez or seer-eez reer-am joo-di-ka-tor-am). [Law Latin] Scots law. A succession of decisions deciding a particular principle, as a result of which a precedent has been established.

serious

1. (Of conduct, opinions, etc.) weighty; important <serious violation of rules>. 2. (Of an injury, illness, accident, etc.) dangerous; potentially resulting in death or other severe consequences <serious bodily harm>.

serious and willful misconduct

Workers compensation. An intentional act performed with the knowledge that it is likely to result in serious injury or with a wanton and reckless disregard of its probable consequences.

serious bodily harm

See serious bodily injury under INJURY.

serious bodily harm

See serious bodily injury under INJURY.

serious bodily injury

Serious physical impairment of the human body; esp., bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any body part or organ. Model Penal Code § 210.0(3). Typically, the fact-finder must decide in any given case whether the injury meets this general standard. Generally, an injury meets this standard if it creates a substantial risk of fatal consequences or, when inflicted, constitutes mayhem. Cf. MAYHEM (1). Also termed serious bodily harm; grievous bodily harm; great bodily injury.

serious bodily injury

See INJURY.

serious crime

1. See serious offense under OFFENSE (I). 2. See FELONY (1).

serious crime

1. See serious offense under OFFENSE (1). 2. See FELONY (1).

serious felony

A major felony, such as burglary of a residence or an assault that causes great bodily injury. In many jurisdictions, a defendant's prior serious-felony convictions can be used to enhance another criminal charge.

serious felony

See FELONY.

serious health condition

Under the Family and Medical Leave Act, an illness, injury, or physical or mental state that involves in-patient care or continuing treatment by a health care provider for several days Excluded from the definition are cosmetic treatments and minor illnesses that are not accompanied by medical complications.

serious illness

A disorder that permanently or materially impairs, or is likely to permanently or materially impair, the health of the insured or an insurance applicant.

serious misdemeanor

See MISDEMEANOR.

serious offens

An offense not classified as a petty offense and usu. carrying at least a six-month sentence. Also termed serious crime. Cf. petty offense.

serious offense

See OFFENSE (1).

seriously harmful behavior

Parental (or caregiver) behavior that could cause serious injury to a child in the person's care .o Some examples of seriously harmful behavior are physical battering, physical neglect, sexual abuse, and abandonment.

seriously harmful behavior

See HARMFUL BEHAVIOR.

serjeant

1. See SERGEANT. 2. See SERJEANT-AT-LAW.

serjeant-at-arms

See SERGEANT-AT-ARMS.

serjeant-at-law

A barrister of superior grade; one who had achieved the highest degree of the legal profession, having (until 1846) the exclusive privilege of practicing in the Court of Common Pleas. Every judge of the common-law courts was required to be a serjeant-at-law until the Judicature Act of 1873. The rank was gradually superseded by that of Queen s Counsel. Often shortened to serjeant. - Also termed serjeant at the law; serjeant of the law; serjeant of the coif; serviens narrator.

Serjeants Inn

A bUilding on Chancery Lane, London, that housed the Order of Serjeants-at-Law. The building was sold and demolished in 1877. Until 1416, the Inn was called Faryndons Inn or Faryndon Inn, after Robert Faryndon, who held the lease. Two other inns in the 15th and 16th centuries were also called Serjeants Inn, one in Holborn (sometimes called Scroopss Inn) and one in Fleet Street.

serjeanty

(sahr-jan-tee). A feudal lay tenure requiring some form of personal service to the king. The required service was not necessarily military. Many household officers of the Crown, even those as humble as bakers and cooks, held lands in serjeanty. - Also spelled sergeanty. Also termed sergeantry.

serment

(sar-mant). An oath.

serological test

(seer-a-loj-d-kal). A blood examination to detect the presence of antibodies and antigens, as well as other characteristics, esp. as indicators of disease. Many states require serological tests to determine the presence of venereal disease in a couple applying for a marriage license. See BLOOD TEST.

serpentine vote

See VOTE (4).

serva aliena

See SERVUS.

servage

(sar-vij). A feudal service that a serf was required to perform for the lord or else pay the equivalent value in kind or money.

servant

A person who is employed by another to do work under the control and direction of the employer. A servant, such as a full-time employee, provides personal services that are integral to an employers business, so a servant must submit to the employers control of the servants time and behavior. See EMPLOYEE. Cf. MASTER (1). "A servant, strictly speaking, is a person who. by contract or operation of law, is for a limited period subject to the authority or control of another person in a particular trade. business or occupation .... The word servant, in our legal nomenclature, has a broad significance, and embraces all persons of whatever rank or position who are in the mploy. and subject to the direction or control of another in any department of labor or business. Indeed it may. in most cases, be said to be synonymous with employee." H.G. Wood, A Treatise on the Law of Master and Servant § 1, at 2 (2d ed. 1886).

serve

1. To make legal delivery of (a notice or process) <a copy ofthe pleading was served on all interested parties>. 2. To present (a person) with a notice or process as required by law <the defendant was served with process>.

service

1. The formal delivery of a writ, summons, or other legal process <after three attempts, service still had not been accomplished>. - Also termed service of process. 2. The formal delivery of some other legal notice, such as a pleading <be sure that a certificate of service is attached to the motion>.

service

To provide service for; specif., to make interest payments on (a debt) <service the deficit>.

service by publication

See SERVICE (2).

service by publication

The service of process on an absent or nonresident defendant by publishing a notice in a newspaper or other public medium.

service charge

1. A charge assessed for performing a service, such as the charge assessed by a bank against the expenses of maintaining or servicing a customers checking account. 2. lhe sum of (1) all charges payable by the buyer and imposed by the seller as an incident to the extension of credit and (2) charges incurred for investigating the collateral or creditworthiness of the buyer or for commissions for obtaining the credit. UCCC § 2.109. - Also termed (in sense 2) credit service charge.

service contract

A contract to perform a service; esp., a written agreement to provide maintenance or repairs on a consumer product for a specified term.

service contract

See CONTRACT.

service establishment

Under the Fair Labor Standards Act, an establishment that, although haVing the characteristics of a retail store, primarily furnishes services to the public, such as a barber shop, laundry, or automobile-repair shop.

service life

The period of an assets expected usefulness. It mayor may not coincide with the assets depreciable life for income-tax purposes.

service of process

See SERVICE (1).

servicemark

A name, phrase, or other device used to identify and distinguish the services of a certain provider. Servicemarks identify and afford protection to intangible things such as services, as distinguished from the protection already provided for marks affixed to tangible things such as goods and products. - Often shortened to mark. Also spelled service mark; service-mark. Cf. TRADEMARK (1); registered trademark under TRADEMARK.

servicemark application

See TRADEMARK APPLICATION.

service-occupation tax

A tax imposed on persons who sell services, usu. computed as a percentage of net cost of the tangible personal property (e.g., materials and goods) transferred as an incident to the sale.

service-occupation tax

See TAX.

serviens narrator

(sar-vee-enz na-ray-ta). See SERjEANT¬AT-LAW.

servient

(sar-vee-ant), adj. (Of an estate) subject to a servitude or easement. See servient estate under ESTATE (4).

servient estate

See ESTATE (4).

servient estate

(sar-vee-ant). An estate burdened by an easement. Also termed servient tenement; servient property; lower estate. Cf. dominant estate.

servient property

See servient estate under ESTATE (4).

servient tenant

The person who holds a servient estate and is therefore burdened by an easement. Cf. dominant tenant.

servient tenant

See TENANT.

servient tenement

(sar-vee-ant). See servient estate under ESTATE (4). 2. A house or other building used as a residence. 3. An apartment. 4. TENEMENT HOUSE.

servient tenement

See servient estate under ESTATE (4).

servitia solita et consueta

(sar-vish-ee-a sol-a-ta kan¬swee-ta). [Law Latin "services used and wont"] Scots law. A common return required by certain charters, usu. implying military service, from a vassal to a lord.

servitii praestatio

(sar-vish-ee-i pri-stay-shee-oh). [Law Latin]. The performance of services.

servitiis acquietandis

(sar-vish-ee-is a-kwi-a-tan-dis), n. [Law Latin "for being quit of service"]. A writ exempting a person from performing certain services, either because they are not due or because they are due someone other than the distrainor.

servitium

(sar-vish-ee-am), n. [Latin "service"}. The duty of service; esp., a tenants duty of performance and obedience to the lord.

servitium feodale et praediale

(sar-vish-ee-am fee-a¬day-lee [or fyoo-day-Iee] et pree-dee-ay-Iee), n. [Law Latin}. A personal service due only by reason of lands held in fee.

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