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several demise (often pI.). In an ejectment action, a list of demises by all people potentially owning the property at issue, used to ensure that the plaintiff had proved a lease from the person actually having title. See EJECTMENT.

several demise See DEMISE.

several fishery A right to fish in waters that are neither on one's own land nor on the land of a person who granted the right to fish. 2. A fishing ground.

several fishery See FISHERY (1).

several inheritance See INHERITANCE.

several inheritance An inheritance that descends to two persons severally, as by moieties.

several liability See LIABILITY.

several obligation See OBLIGATION.

several obligation 1. An obligation that binds two or more debtors to separate performances for one creditor. 2. An obligation that binds one debtor to separate performances for two or more creditors.

several tail A tail that designates two separate heirs or classes of heirs who are eligible to inherit.

several tail See TAIL.

several tenancy See TENANCY.

several tenancy A tenancy that is separate and not held jointly with another person.

severally adj. Distinctly; separately <severally liable>.

several-remedies rule A procedural rule that tolls a statute of limitations for a plaintiff who has several available forums (such as a workers-compensation proceeding and the court system) and who timely files in one forum and later proceeds in another forum, as long as the defendants right and claims are not affected.

severalty (sev-[a]-ral-tee). The state or condition of being separate or distinct <the individual landowners held the land in severalty, not as joint tenants>.

severance 1. The act of cutting off; the state of being cut off. 2. Civil procedure. The separation, by the court, of the claims of multiple parties either to permit separate actions on each claim or to allow certain interlocutory orders to become finaL Also termed severance of actions; severance of claims. See bifurcated trial under TRIAL. Cf. CONSOLIDATION (3). 3. The termination of a joint tenancy, usu. by converting it into a tenancy in common. 4. The removal of anything (such as crops or minerals) attached or affixed to real property, making it personal property rather than a part of the land. - Mineral rights are frequently severed from surface rights on property that may contain oil and gas or other minerals. 5. See SEVERANCE PAY. - sever, vb. - severable, adj.

severance damages See DAMAGES.

severance damages In a condemnation case, damages awarded to a property owner for diminution in the fair market value ofland as a result of severance from the land of the property actually condemned; compensation awarded to a landowner for the loss in value of the tract that remains after a partial taking of the land.

severance of actions See SEVERANCE (2).

severance of claims See SEVERANCE (2).

severance pay Money (apart from back wages or salary) paid by an employer to a dismissed employee. The payment may be made in exchange for a release of any claims that the employee might have against the employer. Sometimes shortened to severance. Also termed separation pay; dismissal compensation.

severance tax See TAX.

severance tax A tax imposed on the value of oil, gas, timber, or other natural resources extracted from the earth.

severe impairment In social-security or disability law, a physical or mental impairment that greatly restricts a person's ability to perform ordinary, necessary tasks of daily life. See DISABIUTY (2); MAJOR LIFE ACTIVITY.

seward See CUSTOS MARIS.

sewer service The fraudulent service of process on a debtor by a creditor seeking to obtain a default judgment.

sewer service See SERVICE (2).

sex 1. The sum of the peculiarities of structure and function that distinguish a male from a female organism; gender. 2. Sexual intercourse. 3. SEXUAL RELATIONS (2).

sex change See SEX REASSIGNMENT.

sex discrimination See DISCRIMINATION.

sex discrimination Discrimination based on gender, esp. against women. The Supreme Court has established an intermediate-scrutiny standard of review for gender-based classifications, which must serve an important governmental interest and be substantially related to the achievement of that objective. Craig v. Boren, 429 U.S. 190,97 S.Ct. 451 (1976). Also termed gender discrimination.

sex reassignment Medical treatment intended to effect a sex change; surgery and hormonal treatments designed to alter a persons gender. Also termed sex change.

sex-offender registry A publicly available list of the names and addresses of sex offenders who have been released from prison. The registries were started by state statutes known as Megans laws.The lists are often posted on the Internet, and some states require publication of the offenders photograph, name, and address in local newspapers. See MEGANS LAW.

sexual abuse 1. An illegal or wrongful sex act, esp. one performed against a minor by an adult. Also termed carnal abuse. 2. RAPE (2).

sexual abuse. 1. See ABUSE. 2. See RAPE.

sexual activity See SEXUAL RELATIONS.

sexual assault 1. Sexual intercourse with another person who does not consent. Several state statutes have abolished the crime of rape and replaced it with the offense of sexual assault. 2. Offensive sexual contact with another person, exclusive of rape. The Model Penal Code lists eight circumstances under which sexual contact results in an assault, as when the offender knows that the victim is mentally incapable ofappreciating the nature of the conduct, either because ofa mental disease or defect or because the offender has drugged the victim to prevent resistance. Model Penal Code § 213.4. - Also termed (in sense 2) indecent assault; sexual assault by contact; indecent assault by contact. Cf. RAPE.

sexual assault 1. See ASSAULT. 2. Sec RAPE.

sexual assault by contact See sexual assault (2).

sexual assault by contact See sexual assault (2) under ASSAULT.

sexual battery 1. See BATTERY. 2. See RAPE.

sexual battery The forced penetration of or contact with another's sexual organs or the perpe-trator's sexual organs .o In most state statutes, sexual battery is classified as both a misdemeanor and a felony. Cf. RAPE.

sexual exploitation The use ofa person, esp. a child, in prostitution, pornography, or other sexually manipulative activity that has caused or could cause serious emotional injury. Sometimes shortened to exploitation.

sexual harassment See SEXUAL HARASSMENT.

sexual harassment A type of employment discrimination consisting in verbal or physical abuse of a sexual nature. See HARASSMENT.

sexual offense An offense involving unlawful sexual conduct, such as prostitution, indecent exposure, incest, pederasty, and bestiality

sexual offense See OFFENSE (1).

sexual orientation A persons predisposition or inclination toward a particular type of sexual activity or behavior; heterosexuality, homosexuality, or bisexuality. There has been a trend in recent years to make sexual orientation a protected class, esp. in employment and hate-crime statutes.

sexual predator A person who has committed many violent sexual acts or who has a propensity for committing violent sexual acts. Also termed predator; sexually dangerous person; sexually violent predator.

sexual relations 1. Sexual intercourse. Also termed carnalis copula. 2. Physical sexual activity that does not necessarily culminate in intercourse . Sexual relations usu. involve the touching of anothers breast, vagina, penis, or anus. Both persons (the toucher and the person touched) are said to engage in sexual relations. Also termed sexual activity.

sexually dangerous person See SEXUAL PREDATOR.

sexually transmitted disease A disease transmitted only or chiefly by engaging in sexual acts with an infected person. Common examples are syphilis and gonorrhea. Abbr. STD. - Also termed venereal disease.

sexually violent predator See SEXUAL PREDATOR.

SF See sinkingfund under FUND (1).

SG abbr. 1. SOLICITOR GENERAL. 2. SURGEON GENERAL.

shack The straying and escaping of cattle out of their owners land into other unenclosed land; an intercommoning of cattle.

shadow economy Collectively, the unregistered economic activities that contribute to a countrys gross national product. A shadow economy may involve the legal and illegal production of goods and services, including gambling, prostitution, and drug-dealing, as well as barter transactions and unreported incomes. Also termed black economy; black market; underground economy.

shadow economy See SHADOW ECOKOMY.

shadow jury See JURY.

shadow jury A group of mock jurors paid to observe a trial and report their reactions to a jury consultant hired by one of the litigants. The shadow jurors, who are matched as closely as possible to the real jurors, provide counsel with information about the jury"s likely reactions to the trial. Also termed phantom jury.

shadow stock plan See PHANTOM STOCK PLAN.

shakedown 1. An extortion of money using threats of violence or, in the case of a police officer, threats of arrest. 2. See shakedown search under SEARCH.

shakedown search A usu. unannounced and warrantless search for illicit or contraband material (such as weapons or drugs) in a prisoners cell. Often shortened to shakedown.

shakedown search See SEARCH.

shaken-baby syndrome The medical condition of a child who has suffered forceful shaking, with resulting brain injury. The syndrome was first identified in the early 1970s. Common injuries include retinal hemorrhage and subdural and subarachnoid hemorrhage, with minimal or no signs of external cranial trauma. Many victims suffer blindness or death.

shakeout An elimination of weak or nonproductive businesses in an industry, esp. during a period of intense competition or declining prices.

shall, vb. (bef. 12c) 1. Has a duty to; more broadly, is required to <the requester shall send notice> <notice shall be sent>. This is the mandatory sense that drafters typically intend and that courts typically uphold. 2. Should (as often interpreted by courts) <all claimants shall request mediation>. 3. May <no person shall enter the building without first signing the roster>. When a negative word such as not or no precedes shall (as in the example in angle brackets), the word shall often means may. What is being negated is permission, not a requirement. 4. Will (as a future-tense verb) <the corporation shall then have a period of 30 days to object>. 5. Is entitled to <the secretary shall be reimbursed for all expenses>. Only sense 1 is acceptable under strict standards of drafting.

sham action An objectively baseless lawsuit the primary purpose of which is to hinder or interfere with a competitor's business relationships. See Professional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49,113 S.Ct. 1920 (1993). Also termed sham lawsuit; sham suit. See SHAM EXCEPTION.

sham action See ACTION (4).

sham affidavit An affidavit that contradicts clear testimony given by the same witness, usu. used in an attempt to create an issue of fact in response to a motion for summary judgment.

sham affidavit See AFFIDAVIT.

sham defense A fictitious, untrue defense, made in bad faith.

sham defense See DEFENSE (1).

sham exception An exception to the Noerr-Pennington doctrine whereby a company that petitions the government will not receive First Amendment protection or an exemption from the antitrust laws ifits intent in petitioning the government for favorable government action or treatment is really an effort to harm its competitors. See NOERR-PENNINGTON DOCTRINE; sham action under ACTION (4).

sham lawsuit See sham action under ACTION (4).

sham litigation See sham action under ACTION (4).

sham marriage See MARRIAGE (1).

sham petitioning See sham action under ACTION (4).

sham plea See sham pleading under PLEADING (1).

sham pleading An obviously frivolous or absurd pleading that is made only for purposes of vexation or delay. Also termed sham plea:false plea; (archaically) deceitful plea.

sham pleading See PLEADING (1).

sham prosecution A prosecution that seeks to circumvent a defendant s double-jeopardy protection by appearing to be prosecuted by another sovereignty, when it is in fact controlled by the sovereignty that already prosecuted the defendant for the same crime. A sham prosecution is, in essence, a misuse of the dual-sovereignty doctrine. Under that doctrine, a defendant s protection against double jeopardy does not provide protection against a prosecution by a different sovereignty. For example, if the defendant was first tried in federal court and acquitted, that fact would not forbid the state authorities from prosecuting the defendant in state court. But a sham prosecution for example, a later state-court prosecution that is completely dominated or manipulated by the federal authorities that already prosecuted the defendant so that the state-court proceeding is merely a tool of the federal authorities will not withstand a double-jeopardy challenge. See DUAL-SOVEREIGNTY DOCTRINE.

sham prosecution See PROSECUTION.

sham suit See sham action under ACTION (4).

sham suit See sham action under ACTION (4).

sham transaction An agreement or exchange that has no independent economic benefit or business purpose and is entered into solely to create a tax advantage (such as a deduction for a business loss). The Internal Revenue Service is entitled to ignore the purported tax benefits of a sham transaction.

sham, 1. Something that is not what it seems; a counterfeit. 2. A person who pretends to be something that he or she is not; a faker. sham, vb. sham, adj.

shame sanction See SANCTION.

shame sanction A criminal sanction designed to stigmatize or disgrace a convicted offender, and often to alert the public about the offender s conviction. A shame sanction usu. publicly associates the offender with the crime that he or she committed. An example is being required to post a sign in ones yard stating, "Convicted Child Molester Lives Here." Also termed shame sentence; shaming sanction; shaming sentence; scarlet-letter punishment; scarletletter sentence. 3. An economic or military coercive measure taken by one or more countries toward another to force it to comply with international law <U.N. sanctions against a renegade nation>.

shame sentence See shame sanction under SANCTION.

shaming sentence See shame sanction under SANCTION.

shanghaiing (shang-hi-ing). Ihe act or an instance of coercing or inducing someone to do something by fraudulent or other wrongful means; specif., the practice of drugging, tricking, intoxicating, or otherwise illegally inducing a person to work aboard a vessel, usu. to secure advance money or a premium. - Also termed shanghaiing sailors. 18 USCA § 2194.

share 1. An allotted portion owned by, contributed by, or due to someone <each partners share of the profits>.

share 1. To divide (something) into portions. 2. To enjoy or partake of (a power, right, etc.).

share account See share-draft account under ACCOUNT.

share acquisition The acquisition of a corporation by purchasing all or most of its outstanding shares directly from the shareholders; TAKEOVER. Also termed share-acquisition transaction; stock acquisition; stock-acquisition transaction. Cf. ASSET ACQUISITION.

share and share alike To divide (assets, etc.) in equal shares or proportions; to engage in per capita division. See PER CAPITA.

share certificate See STOCK CERTIFICATE.

share draft See DRAFT.