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simple battery See BATTERY.

simple battery A criminal battery not accom-panied by aggravating circumstances and not result-ing in serious bodily harm Simple battery is usu. a misdemeanor but mav rise to a felony if the victim is, for instance, a child or a senior citizen. 2. Torts. An intentional and offensive touching of another without lawful justification. Also termed tortious battery. Cf. ASSAULT. batter, vb. "A battery is the actual application of force to the body of the prosecutor. It is, in other words, the assault brought to completion. Thus, if a man strikes at another with his cane and misses him, it is an assault; if he hits him, it is a battery. But the slightest degree of force is suffiCient, provided that it be applied in a hostile manner; as by pushing a man or spitting in his face. Touching a man to attract his attention to some particular matter, or a friendly slap on the back is not battery, owing to the lack of hostile intention." 4 Stephen's Commentaries on the Laws of England 62-63 (L. Crispin Warmington ed., 21st ed. 1950).

simple blockade See BLOCKADE.

simple bond 1. A bond without a penalty. 2. A bond payable to a named obligee on demand or on a certain date.

simple bond See BOND (2).

simple contract 1. See informal contract (1) under CONTRACT. 2. See parol contract (2) under CONTRACT.

simple contract See informal contract (1). 2. See parol contract (2).

simple interest See INTEREST (3).

simple interest Interest paid on the principal only and not on accumulated interest. Interest accrues only on the principal balance regardless of how often Cf. compound interest.

simple kidnapping Kidnapping not accompanied by an aggravating factor.

simple kidnapping See KIDNAPPING.

simple larceny Larceny unaccompanied by aggravating factors; larceny of personal goods unattended by an act of violence. Cf. mixed larceny (1).

simple larceny See LARCENY.

simple listing See open listing under LISTING (1).

simple majority See MAJORITY.

simple mortgage clause See open mortgage clause under MORTGAGE CLAUSE.

simple negligence See inadvertent negligence under NEGLIGENCE.

simple obligation An obligation that does not depend on an outside event; an unconditional obligation.

simple obligation See OBLIGATION.

simple plan An arrangement under which an individual retirement account or annuity is established for each eligible employee and funded by elective pretax employee contributions, much as with a 401(k) plan, and certain matching or minimum employer contributions. The plan can be attractive to employers because it is easier to administer than a 401(k) plan. The name is a loose acronym for "Savings Incentive Match Plan for Employees." IRC (26 USCA) § 408(p).

SIMPLE plan See EMPLOYEE BENEFIT PLAN.

simple reduction A courts temporary ruling that a document is of no effect until it is produced in court.

simple resolution A resolution passed by one house only. It expresses the opinion or affects the internal affairs of the passing house, but it does not have the force of law. 2. Formal action by a corporate board of directors or other corporate body authorizing a particular act, transaction, or appointment. Also termed corporate resolution.

simple resolution See RESOLUTION (1).

simple robbery See ROBBERY.

simple robbery Robbery that does not involve an aggravating factor or circumstance.

simple state See unitary state under STATE.

simple state See unitary state.

simple trust 1. See mandatory trust under TRUST. 2. See passive trust under TRUST.

simple-contract debt See DEBT.

simple-contract debt A debt that is either oral or written but is not of record and not under seal. Also termed debt by simple contract.

simple-tool rule The principle that an employer has no duty to warn its employees of dangers that are obvious to everyone involved, and has no duty to inspect a tool that is within the exclusive control of an employee when that employee is fully acquainted with the tools condition.

simplex (sim-pleks), adj. [Latin] Simple; pure; unconditional.

simplex dictum See DICTUM.

simplex dictum (sim-pleks dik-tam). An unproved or dogmatic statement. See IPSE DIXIT.

simplex passagium (sim-pleks pa-say-jee-am). [Law Latin]. Simple passage (to the holy land alone). This type of pilgrimage served as an excuse for absence from court during the Crusades. - Also termed simplex peregrinatio. Cf. IN GENERALI PASSAGIO.

simpliciter (sim-plis-i-tar), adv. [Latin]. 1. In a simple or summary manner; simply. 2. Absolutely; unconditionally; per se.

simplified employee pension plan An arrangement under which an individual retirement account or annuity is established for each eligible employee and funded by discretionary employer contributions. IRC (26 USCA) § 408(k). A simplified employee pension plan operates much like a 401(k) plan, in that the employee contributions can be made by deferred compensation and the employer can contribute. But the plan is attractive to small employers because it is much easier to administer than a 401(k) plan and gives the employer complete discretion on whether to make an annual contribution. IRC (26 USCA) § 408(k). - Abbr. SEP; SEP-IRA.

simplified employee pension plan See EMPLOYEE BENEFIT PLAN.

simplum (sim-pam), n. [Latin] Roman law. The single value of something. Cf. DUPLUM.

simul cum (si-mal kam). [Latin] Together with. This phrase was formerly used in an indictment or other instrument to indicate that a defendant had committed an injury jointly with others unknown.

simul et semel (si-mal et sem-al). [Latin] Together at one time.

simulated contract See CONTRACT.

simulated contract A contract that, bv mutual agreement, does not express the true inten't of the parties. La. Civ. Code art. 2025. A simulated contract is absolute when the parties intend that the contract will impose no obligations; no obligations are enforceable on the parties by such a contract. A simulated contract is relative if the parties intend it to impose obligations different from those recited in the contract; the intended obligations are enforceable if all relevant conditions are met. A simulated contract may affect the rights of third parties. See action en declaration de simulation under ACTION (4). - Also termed simulation.

simulated fact A fabricated fact intended to mislead; a lie.

simulated fact See FACT.

simulated judgment See JUDGMENT.

simulated judgment A judgment that, although founded on an actual debt and intended for collection by the usual legal processes, is actually entered into by the parties to give one of them an undeserving advantage or to defraud third parties.

simulated sale A sale in which no price or other consideration is paid or intended to be paid, and in which there is no intent to actually transfer ownership. Simulated sales are usu. done in an attempt to put property beyond the reach of creditors. - Also termed simulated transaction.

simulated sale See SALE.

simulated transaction See simulated sale under SALE.

simulatio latens (sim-ya-Iay-shee-oh lay-tenz). [Latin "hidden pretence"]. Feigned enhancement of illness, as when symptoms are present but not nearly as severe as is pretended.

simulation 1. An assumption of an appearance that is feigned, false, or deceptive. 2. Civil law. A feigned, pretended act, usu. to mislead or deceive. 3. See simulated contract under CONTRACT.

simultaneous death See DEATH.

simultaneous death The death of two or more persons in the same mishap, under circumstances that make it impossible to determine who died first. See UNIFORM SIMULTANEOUS DEATH ACT; COMMON DISASTER;COMMORIENTES.

simultaneous polygamy See POLYGAMY (1).

simultaneous-death act See UNIFORM SIMULTANEOUS DEATH ACT.

simultaneous-death clause A testamentary provision mandating that if the testator and beneficiary die in a common disaster, or the order of their deaths is otherwise unascertainable, the testator is presumed to have survived the beneficiary. If the beneficiary is the testators spouse, an express exception is often made so that the spouse with the smaller estate is presumed to have survived. See simultaneous death under DEATH. Cf. SURVIVAL CLAUSE.

sin tax See TAX.

sin tax An excise tax imposed on goods or activities that are considered harmful or immoral (such as cigarettes, liquor, or gambling). - Also termed repressive tax. Cf. luxury tax.

sine (si-nee or sin-ay), prep. [Latin] Without.

sine animo remanendi (si-nee an-a-moh rem-a-nen-di). [Law Latin]. Without the intention of remaining.

sine animo revertendi (si-nee an-a-moh ree-v;a-ten-di). [Latin] Without the intention of returning. See animus revertendi under ANIMUS.

sine assensu capituli (si-nee a-sen-s[y]oo ka-pich-[y]a-li), n. [Law Latin "without the consent of the chapter"]. A writ for a successor to recover land that the former bishop, abbot, or prior had alienated without the chapters permission.

sine consideratione curiae (si-nee kan-sid-a-ray-shee¬oh-nee kyoor-ee-i). [Law Latin] Without the judgment of the court.

sine cura et cu!tura (si-nee kyoor-a et kal-t[y]oor-a). [Latin]. Without care and culture. Natural fruits fitting this description automatically passed to the purchaser of property. But industrial fruits that had to be cultivated required a special conveyance.

sine decreto (si-nee di-kree-toh). [Latin] Without a judges authority.

sine die (si-nee di-ee or di- or sin-ay dee-ay). [Latin]. "without day").With no day being assigned (as for resumption of a meeting or hearing). See adjourn sine die under ADJOURN (2); GO HENCE WITHOUT DAY.

sine frau de (si-nee fraw-dee). [Latin). Without fraud.

sine hoc quod (si-nee hok kwod). [Law Latin] Without this, that. See ABSQUE HOC.

sine numero (si-nee n[y]oo-mar-oh). [Law Latin "without number"] Countless; without limit.

sine pacta (si-nee pak-toh). [Latin). Without an agreement.

sine prole (si-nee proh-lee). [Latin] Without issue. This phrase was used primarily in genealogical tables. Abbr. s.p.

sine quibus funus honeste dud non potest (si-nee kwib-as fyoo-nas [h]a-nes-tee d[Y]oo-si non poh-test). [Latin] Scots law. Without which the funeral cannot be decently conducted. The phrase appeared in reference to funeral expenses that could be deducted against the decedents estate.

sine vi aut dolo (si-nee vi awt doh-Ioh). [Latin]. Without force or fraud.

sinecure (si-na-kyoor or sin-a-kyoor). [fr. Latin sine cura "without duties]. A post without any duties attached; an office for which the holder receives a salary but has no responsibilities. sinecural (si-na-kyoor-aI or si-na-kyoor-al), adj.

single 1. Unmarried <Single tax status>. 2. Consisting of one alone; individual <Single condition> <single beneficiary>.

single adultery See ADULTERY.

single adultery Adultery in which only one of the persons is married.

single bill See bill single.

single bill See bill Single under BILL (7).

single bond See bill obligatory under BILL (7).

single bond See bill obligatory under BILL (7).

single combat See DUEL (2).

single condition A condition requiring the performance of a specified thing. Cf. copulative condition; disjunctive condition.

single condition See CONDITION (2).

single creditor In the marshaling of assets, a creditor with a lien on one fund. See RULE OF MARSHALING ASSETS. Cf. double creditor.

single creditor See CREDITOR.

single demise In an ejectment action, a declaration containing one demise. See EJECTMENT.

single demise See DEMISE.

single obligation See OBUGATJON.

single obligation An obligation with no penalty attached for nonperformance, as when one party simply promises to pay 20 dollars to another.

single ordeal See ORDEAL.

single ordeal An ordeal prescribed for someone accused of a less serious crime and involving less risk or torture than a triple ordeal. For example, a Single ordeal by fire required the accused to pick up a red-hot piece of iron weighing one pound, while a triple ordeal involved a piece of iron weighing three pounds.

single original An instrument executed singly, not in duplicate.

single transferable vote See VOTE (1).

single•-act statute See LONG-ARM STATUTE.

single-act statute See LONG-ARM STATUTE.

single-asset real estate A single piece of real property (apart from residential property with fewer than four residential units) that a debtor operates for business purposes, that provides the debtor with substantially all his or her gross income, and that carries aggregate, liquidated, noncontingent secured debts of $4 million or less. 11 USCA § 101(51B).

Single-controversy doctrine See ENTIRE-CONTROVERSY DOCTRINE.