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si deventum sit ad actum maleficio proximum (si di-ven-tam sit ad ak-tam mal-a-fish-ee-oh prok-sa-mam). [Law Latin]. If it approaches an act bordering on crime. The phrase described the determination of a criminal attempt.

si fecerit te securum (si fes-ar-it tee si-kyoor-am). [Law Latin]. Ifhe has made you secure. These were the initial words of a writ ordering the sheriff, upon receipt of security from the plaintiff, to compel the defendants appearance in court. Also spelled (erroneously) se te fecerit securum.

si institutus sine Uberis decesserit (si in-sti-t[y]oo-tas si-nee lib-ar-is di-ses-ar-it). [Latin]. If the instituted heir should die without issue. See SUBSTITUTION.

si ita est (si-i-ta-est). [Latin] If it be so. This phrase was formerly used in a mandamus writ to order a judge to affix a seal to a bill of exceptions, if the facts were accurately stated.

si malitia suppleat aetatem (si ma-lish-ee-a sap-lee-at ee-tay-tam). [Latin]. Ifmalice should supply the want of age.

si minor se majorem dixerit (si mi-nar see ma-jor-am dik-sar-it). [Latin]. If the minor has said that he is major. The phrase refers to a defense that might be raised in a suit for a minors claim for restitution for minority.

si non jure seminis, saltem jure soli (si non joor-ee sem¬i-nis, sal-tern joor-ee soh-li). [Law Latin]. If not by right of seed, at least by right of soil.

si non omnes (si non om-neez). [Latin "if not all"]. A writ allowing two or more judges to proceed in a case if the whole commission cannot be present on the assigned day.

si parcere ei sine suo periculo non potest (si pahr-sar-ee ee-i sl-nee s[y]oo-oh pa-rik-ya-loh non poh-test). [Latin] Roman law. Ifhe could not spare him except at his own peril. This phrase defined the circumstances in which a defendant could plead self-defense.

si paret (si par-et). [Latin] If it appears. In Roman law, this phrase was part of the praetors formula by which judges were appointed and told how they were to decide.

si petatur tantum (si pi-tay-tar tan-tam). [Law Latin]. If asked only. "In blench holdings, where the return for the lands is generally elusory, that return is for the most part due and payable si petatur tantum; and this clause, by universal practice, has been interpreted to mean, if asked only within the year (si petatur intra annum). If the duty is not demanded within the year, the vassal is not liable for it." John Trayner, Trayners Latin Maxims 575 (4th ed. 1894).

si prius (si pri-as). [Law Latin] If before. This phrase is used in a writ summoning a jury.

si quis (si kwis). [Latin] Roman law. If anyone. This term was used in praetorian edicts. In England, it was also mentioned in notices posted in parish churches requesting anyone who knows of just cause why a candidate for holy orders should not be ordained to inform the bishop.

si recognoscat (sirek-ag-nos-kat). [Latin "ifhe acknowledges"]. A writ allowing a creditor to obtain money counted - that is, a specific sum that the debtor had acknowledged in county court to be owed.

si sine liberis decesserit (si si-nee lib-ar-is di-ses-ar-it). [Latin]. Ifhe shall have died without children.

si sit admodum grave (sik sit ad-moh-dam gray-vee). [Latin]. If it be very heinous.

si sit incompos mentis, fatuus, et naturaliter idiota (si sit in-kom-pas men-tis, fach-oo-as et nach-a-ray-li-tdr id-ee-oh-tal). [Law Latin] Scots law. Ifhe is of unsound mind, fatuous, and naturally an idiot. The phrase appeared in reference to an inquiry that was posed to a jury required to make an idiocy determination.

si sit legitimae aetatis (si sit h-jit-a-mee ee-tay-tis). [Latin]. If he (or she) is of lawful age.

si vidua manserit et non nupserit (si vij-yoo-a man-sar-it et non nap-sar-it). [Law Latin]. If she should remain a widow and not marry. This requirement was a common condition in a widows provision.

SIB abbr. 1. Securities and Investment Board. See FINANCIAL SERVICES AGENCY. 2. See survivor-income benefit plan under EMPLOYEE BENEFIT PLAN.

sib; imputet (sib-i im-pya-tet). [Latin]. Let it be imputed to himself.

sibi invigilare (sib-i in-vij-a-lair-ee). [Latin]. To watch for themselves.

sibling A brother or sister.

sibship 1. The quality or state of being a blood relative, esp. a Sibling. See DEGREE. "[T]he ancient Germans knew yet another calculus of kinship, which was bound up with their law of inheritance. Within the household composed of a father and children there was no degree; this household was regarded for this purpose as a unit, and only when, in default of children, the inheritance fell to remoter kinsmen, was there any need to count the grades of sibship. Thus first cousins are in the first degree of sibship; second cousins in the second." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward I 386 (2d ed. 1899). 2. A group of blood relatives; kindred.

sic (sik). [Latin "so, thus"]. Spelled or used as written. - Sic, invariably bracketed and usu. set in italics, is used to indicate that a preceding word or phrase in a quoted passage is reproduced as it appeared in the original document <"that case peeked [sic] the young lawyers interest">.

sick leave 1. An employment benefit allowing a worker time off for sickness, either with or without pay, but without loss ofseniority or other benefits. 2. The time so taken by an employee.

sickness and accident insurance See health insurance under INSURANCE.

sickness and accident insurance See health insurance.

sicut alias (si-kat ay-lee-;)s), n. [Latin "as at another time"]. A second writ issued when the first one was not executed. "But where a defendant absconds, and the plaintiff would proceed to an outlawry against him, an original writ must then be sued out regularly, and after that a capias. And if the sheriff cannot find the defendant upon the first writ ... there issues out an alias writ, and after that a pluries, to the same effect as the former: only after these words we command you, this clause is inserted, as we have formerly, or, as we have often commanded you; sicut alias ...." 3 William Blackstone, Commentaries on the Laws of Eng/and 283 (1768).

sicut me Deus adjuvet (sik-at mee dee-as aj-a-vct) [Latin] So help me God.

sid b/l abbr. Sight draft with bill oflading attached. See sight draft under DRAFT.

side 1. The position of a person or group opposing another <the law is on our side>. 2. Either of two parties in a transaction or dispute <each side put on a strong case>. 3. Archaic. The field of a courts jurisdiction <equity side> <law side>. 4. Property. In a description of more or less rectangularly shaped land, either of the two long boundary lines.

side agreement 1. An agreement that is ancillary to another agreement. 2. Int'l law. An international accord that is specifically negotiated to supplement a broader trade treaty. For example, NAFTA contains no provisions about labor standards or environmental protection. But two side agreements about those areas were negotiated separately and deSigned to supplement NAFTA, making the treaty more attractive to the ratifying bodies. Also termed supplemental agreement.

side agreement See AGREEMENT.

side judge A judge - or one of two judges of inferior rank, associated with a judge of a higher rank for the purpose of constituting a court.

side judge See JUDGE.

side lines 1. The margins ofsomething, such as property. 2. A different type of business or goods than one principally engages in or sells. 3. Mining law. The boundary lines of a mining claim not crossing the vein running on each side of it. - Also written sidelines. Cf. END LINES.

side reports 1. Unofficial volumes of case reports. 2. Collections of cases omitted from the official reports.

sidebar 1. A position at the side of a judges bench where counsel can confer with the judge beyond the jurys earshot <the judge called the attorneys to sidebar>. 2. SIDEBAR CONFERENCE <during the sidebar, the prosecutor accused the defense attorney of misconduct>. 3. A short, secondary article within or accompanying a main story in a publication <the sidebar contained information on related topics>. 4. SIDEBAR COMMENT.

sidebar comment An unnecessary, often argumentative remark made by an attorney or witness, esp. during a trial or deposition <the witness paused after testifying, then added a sidebar>. Often shortened to sidebar. Also termed sidebar remark.

sidebar conference 1. A discussion among the judge and counsel, usu. over an evidentiary objection, outside the jurys hearing. - Also termed bench conference. 2. A discussion, esp. during voir dire, between the judge and a juror or prospective juror. - Often shortened to sidebar.

sidebar remark See SIDEBAR COMMENT.

sidebar ru1e An order or rule allowed by the court without formal application, such as an order to plead within a particular time. Formerly, the rules or orders were made on the motion of the attorneys at the sidebar in court.

sidenote See MARGINAL NOTE.

sidesman A church officer who Originally reported to the bishop on clerical and congregational misdeeds, including heretical acts, and later became a standing officer whose duties gradually devolved by custom on the churchwarden. - Also termed synodsman; questman.

Sierra-Mobile doctrine See MOBILE-SIERRA DOCTRINE.

sight A drawees acceptance of a draft <payable after Sight>. The term after Sight means "after acceptance."

sight draft See DRAFT.

sight draft A draft that is payable on the bearer's demand or on proper presentment to the drawer. Also termed demand draft.

sight strike See STRIKE (2).

sight strike The elimination of a veniremember based solely on appearance. See peremptory challenge under CHALLENGE (2).

sigillum (si-jil-am), n. [Latin] A seal, esp. one impressed on wax.

sigla (sig-la), n. pl. [Latin] Abbreviations and signs used in writing, esp. by the Glossators.

sigli (sij-al), n. A seal or an abbreviated Signature used as a seal; esp., a seal formerly used by civil-law notaries.

sign 1. To identify (a record) by means of a signature, mark, or other symbol with the intent to authenticate it as an act or agreement of the person identifying it <both parties signed the contract>. 2. To agree with or join <the commissioner signed on for a four-year term>.

sign manual 1. See SIGNATURE (1). 2. A symbol or emblem, such as a trademark, representing words or an idea.

signal 1. A means of communication, esp. between vessels at sea or between a vessel and the shore. The international code of signals assigns arbitrary meanings to different arrangements of flags or light displays. 2. In the citation oflegal authority, an abbreviation or notation supplied to indicate some basic fact about the authority. For example, according to the Bluebook, the signal See means that the cited authority plainly supports the proposition, while Cf means that the cited authority supports a proposition analogous to (but in some way different from) the main proposition. For these and other signals, see The Bluebook: A Uniform System of Citation § 1.2, at 22-24 (17th cd. 2000). Also termed (in sense 2) citation signal.

signatorius anulus (sig-na-tor-ee-as an-ya-las). [Latin] Roman law. A signet ring.

signatory (sig-na-tor-ee), A person or entity that signs a document, personally or through an agent, and thereby becomes a party to an agreement <eight countries are signatories to the treaty>. - signatory.

signatory authority 1. License to make a decision, esp. to withdraw money from an account or to transfer a negotiable instrument. 2. Patents. In the U.S. Patent and Trademark Office, the power of an examiner to approve an office action.

signature 1. A persons name or mark written by that person or at the persons direction. Also termed sign manual. 2. Commercial law. Any name, mark, or writing used with the intention of authenticating a document. uec §§ 1-201(37), 3-401(b). Also termed legal signature. "The signature to a memorandum may be any symbol made or adopted with an intention, actual or apparent, to authenticate the writing as that of the signer." Restatement (Second) of Contracts § 134 (1979).

signature card A financial-institution record consisting of a customers signature and other information that assists the institution in monitoring financial transactions, as by comparing the signature on the record with signatures on checks, withdrawal slips, and other documents.

signature crime See CRIME.

signature crime A distinctive crime so similar in pattern, scheme, or modus operandi to previous crimes that it identifies a particular defendant as the perpetrator.

signature evidence Highly distinctive evidence of a person's prior bad acts . While ordinarily inadmissible, signature evidence will be admitted if it shows, for example, that two crimes were committed through the same planning, design, scheme, or modus operandi, and in such a way that the prior act and the current act are uniquely identifiable as those of the defendant. See Fed. R. Evid. 404(b).

signature evidence See EVIDENCE.

signature loan See LOAN.

signed writing See WRITING.

signed, sealed, and delivered In a certificate of acknowledgment, a statement that the instrument was executed by the person acknowledging it. Often shortened to sealed and delivered.

signet 1. Civil law. An elaborate hand-drawn symbol (usu. incorporating a cross and the notarys initials) formerly placed at the base of notarial instruments, later replaced by a seal. 2. Scots law. A seal used to authenticate summonses in civil matters before the Court of Session. Originally, this was the monarchs personal seal. Cf. WRITER TO THE SIGNET.

significant-connection jurisdiction In a child-custody matter, jurisdiction based on (1) the best interests of the child, (2) at least one parent"s (or litigant"s) significant connection to the state, and (3) the presence in the state of substantial evidence about the child"s present or future care, protection, training, and personal relationships. This type of jurisdiction is conferred by both the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act. Generally, the home state will also be the state with Significant connections and substantial evidence. Jurisdiction based on a Significant connection or substantial evidence alone is conferred only when the child has no home state. Also termed significant-connectionlsubstantial-evidence jurisdiction; significant connection-substantial evidence jurisdiction; substantial-evidence jurisdiction. See HOME TATE.

significant-connection jurisdiction See JURISDICTION.

significant-connection/substantial-evidence jurisdiction See significant-connection jurisdiction under JURISDICTION.

significant-relationship theory See CENTER-OF-GRAVITY DOCTRINE.

significavit (sig-ni-fi-kay-vit), n. [Latin "he has signified"] Eccles. law. 1. A bishops certificate that a person has been in a state of excommunication for more than 40 days. 2. A notice to the Crown in chancery, based on the bishops certificate, whereby a writ de contumace capiendo (or, earlier, a writ de excommunicato capiendo) would issue for the disobedient persons arrest and imprisonment. See DE CONTUMACE CAPIENDO.

signum (sig-nam), n. [Latin] Roman law. 1. A sign; a seal. Signum. (On written documents.) A seal (a stamp) put on to close a document in order to make its contents inaccessible to unauthorized persons and protect against forgery. or at the end of it after the written text. In the latter case the seal (without or with a signature) indicated that the sealer recognized the written declaration as his. Signum is also the seal of a witness who was present at the making of a document," Adolf Berger, Encyclopedic Dictionary of Roman Law 707 (1953). 2. An indication of something seen or otherwise perceived by the senses, such as a bloodstain on a murder suspect. Pl. signa.

silence 1. A restraint from speaking. In criminal law, silence includes an arrestees statements expressing the desire not to speak and requesting an attorney. 2. A failure to reveal something required by law to be revealed. See estoppel by silence under ESTOPPEL. silent, adj.

silent confirmation See CONFIRMATION.

silent confirmation A bank's confirmation of a letter of credit based on the request of the letter's beneficiary rather than the issuing bank.

silent partner See PARTNER.

silent partner A partner who shares in the profits but who has no active voice in management of the firm and whose existence is often not publicly disclosed. Also termed dormant partner. It is worth emphasizing that control does not necessarily mean active involvement. One of the most interesting figures in partnership law. in fact, is the silent partnertypically a person who has invested in a business in return for a profit share, and who reserves the right to, and to some extent may in fact, participate in routine management decisions, may participate in no decisions at all, and may even be unaware of what is happening in the business for long periods of time. The fact of the person s financial interest in the partnership may be a secret from everyone except the other partners (indeed, such secrecy may be vital). Such a person is nonetheless a partner like any other for purposes, among other things, of personal liability for the debts of the partnership. The law simply does not distinguish between active and passive partners. William A. Klein &J ohn C. CoffeeJr., Business Organization and Finance 64 (2002).

silent record See RECORD.

silentiary (si-len-shee-air-ee), n. 1. Roman law. An official who maintains order in the imperial palace and on the imperial council; a chamberlain. 2. An officer who is sworn to silence about state secrets; esp., a privy councillor so sworn. 3. Hist. A court usher who maintains order and esp. silence in the court. Also termed silentiarius.

silent-witness theory A method of authenticating and admitting evidence (such as a photograph), without the need for a witness to verify its authenticity, upon a sufficient showing of the reliability of the process of producing the evidence, including proofthat the evidence has not been altered.

silk gown 1. The professional robe worn by a Queens Counsel. 2. One who is a Queens Counsel. Often shortened (in sense 2) to silk. Cf. STUFF GOWN.

silver certificate A banknote issued by the United States Treasury from 1878 to 1963 and redeemable in silver. The notes represented that a certain amount of silver was on deposit with the government and would be paid to the bearer on demand. Originally, these notes were not legal tender and could be used only to pay taxes and other public obligations. In 1967, Congress abolished redemption in silver after June 1968. Silver certificates now have the same status as Federal Reserve notes, which are not redeemable for precious metal. Cf. FEDERAL RESERVE NOTE; GOLD CERTIFICATE.

silver parachute See TIN PARACHUTE.

silver-platter doctrine Criminal procedure. The principle that a federal court could admit evidence obtained illegally by a state police officer as long as a federal officer did not participate in or request the search. The Supreme Court rejected this doctrine in Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437 (1960).

similar happenings Evidence. Events that occur at a time different from the time in dispute and are therefore usu. inadmissible except to the extent that they provide relevant information on issues that would be fairly constant, such as the control of and conditions on land on the day in question.

similar sales Eminent domain. Sales oflike property in the same locality and time frame, admissible in a condemnation action to determine the market value of the particular property at issue.

similar sales See SALE.

similarity The resemblance of one trademark or copyrighted work to another. How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a question of overall impression rather than an element-by-element comparison of the two marks. - Also termed imitation; colorable imitation. Cf. SUBSTANTIAL SIMILARITY. "It is the buyer who uses ordinary caution in making his purchase, who is buying with the care usually exercised in such transactions, who must be deceived by this similarity. He who buys a box of candy does not use as much care as he who buys a watch. He who buys a handkerchief does not usually examine the goods offered him as carefully as he who buys a suit of clothes." Harry D. Nims, The Law of Unfair Competition and Trade-Marks 836 (1929).

similiter (si-mil-i-tar). [Latin "similarly"] Common-law pleading. A partys written acceptance of an opponents issue or argument; a set form of words by which a party accepts or joins in an issue of fact tendered by the other side. See jOinder of issue (2) under JOINDER.

simony (sim-a-nee or si-ma-nee), n. [fr. Latin simonia "payment for things spiritual," fr. the proper name Simon Magus (see below). Eccles. law. The unlawful practice ofgiving or receiving money or gifts in exchange for spiritual promotion; esp., the unlawful buying or selling of a benefice or the right to present clergy to a vacant benefice. "By simony, the right of presentation to a living is forfeited, and vested pro hac vice in the crown. Simony is the corrupt presentation of anyone to an ecclesiastical benefice for money, gift, or reward. It is so called from the resemblance it is said to bear to the sin of Simon Magus, though the purchasing of holy orders seems to approach nearer to his offence. It was by the canon law a very grievous crime: and is so much the more odiOUS, because, as sir Edward Coke observes, it is ever accompanied with perjury; for the presentee is sworn to have committed no simony." 2 William BlaCkstone, Commentaries on the Laws ofEngiand 278 (1766). "Simony is an offence which consists in the buying and seiling of holy orders, and any bond or contract involving simony is illegal and void." John Indermaur, Principles of the Common Law 195 (Edmund H. Bennett ed., 1st Am. ed.1878).

simple 1. (Of a crime) not accompanied by aggravating circumstances. Cf. AGGRAVATED (1). 2. (Of an estate or fee) heritable by the owners heirs with no conditions concerning tail. 3. (Of a contract) not made under seal.

simple agreement See AGREEMENT.

simple agreement An agreement for which the law requires nothing for its effective operation beyond some manifestation that the parties have consented.

simple assault 1.See ASSAULT (1). 2. See ASSAULT (2). "(1) Simple Assault. A person is guilty of assault if he: (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon; or (c) attempts by physical menace to put another in fear of imminent serious bodily injury." Model Penal Code § 211.1 (1997).

simple assault 1. See ASSAULT (1). 2. See ASSAULT (2).

simple average See particular average under AVERAGE.