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special employer See EMPLOYER.

special employer An employer who has borrowed an employee for a limited period and has temporary responsibility for and control over the employee's work.

special exception See SPECIAL EXCEPTION.2. Something that is excluded from a rule's operation <employers with fewer than five employees are an exception to the rule>.

special exception 1. A partys objection to the form rather than the substance of an opponents claim, such as an objection for vagueness or ambiguity. See DEMURRER. Cf. general exception (1) under EXCEPTION (1). 2. An allowance in a zoning ordinance for special uses that are considered essential and are not fundamentally incompatible with the original zoning regulations. Also termed (in sense 2) conditional use; special use. Cf. VARIANCE (2).

special execution An execution authorizing a judgment to be satisfied from specified property.

special execution See EXECUTION.

special executor See EXECUTOR.

special executor An executor whose power is limited to a portion of the decedent's estate.

special finding 1. (usu. pl.) A finding of the necessary and ultimate facts to support a judgment in favor of one party. 2. Military law. A military tribunal's finding that directly relates to the determination of guilt or innocence.

special finding See FINDING OF FACT.

special franchise A right conferred by the government, esp. one given to a public utility, to use property for a public use but for private profit. 3. The sole right granted by the owner of a trademark or tradename to engage in business or to sell a good or service in a certain area. 4. 'The business or territory controlled by the person or entity that has been granted such a right.

special franchise See FRANCHISE (2).

special grand jury See GRAND JURY.

special grand jury A grand jury specially summoned, usu. when the regular grand jury either has already been discharged or has not been drawn; a grand jury with limited authority. Also termed additional grand jury; extraordinary grand jury.

special guaranty 1. A guaranty addressed to a particular person or group of persons, who are the only ones who can enforce it. 2. A guaranty that names a definite person as obligee and that can be accepted only by the person named.

special guaranty See GUARANTY.

special guardian See GUARDIAN.

special guardian 1. A guardian who has special or limited powers over the ward's person or estate. Examples are guardians who have custody of the estate but not of the person, those who have custody of the person but not of the estate, and guardians ad litem. Also termed (in civil law) curator ad hoc. See CURATOR (2). 2. See guardian ad litem.

special housing unit A block of cells used to house inmates who have been separated from the general prison population, usu. for disciplinary purposes but sometimes for safety reasons. Inmates in special housing units typically have fewer privileges than other inmates. - Abbr. SHU.

special imparlance The allowance of time with a saving only of exceptions to the writ, bill, or count, but not to the court's jurisdiction.

special imparlance See IMPARLANCE.

special indorsement An indorsement that specifies the person to receive payment or to whom the goods named by the document must be delivered. UCC § 3-205(a). Also termed indorsement in full; full indorsement. Cf. cDrlditional indorsement.

special indorsement See INDORSEMENT.

special injunction An injunction in which the prohibition of an act is the only relief ultimately sought, as in prevention of waste or nuisance.

special injunction See INJUNCTION.

special instruction See JURY INSTRUCTION.

special instruction An instruction on some particular point or question involved in the case, usu. in response to counsel"s request for such an instruction. Also termed special charge.

special interrogatory A written jury question whose answer is required to supplement a general verdict. This term is not properly used in federal practice, which authorizes interrogatories and special verdicts, but not special interrogatories. Fed. R. Civ. P. 49. The term is properly used, however, in the courts of some states. - Also termed special issue.

special interrogatory See INTERROGATORY.

special issue 1. See ISSUE (1). 2. See special interrogatory under INTERROGATORY.

special issue 1. At common law, an issue arising from a specific allegation in a pleading. Special issues are no longer used in most jurisdictions. 2. See special interrogatory under INTERROGATORY.

special judge See JUDGE.

special judge A judge appOinted or selected to sit, usu. in a specific case, in the absence or disqualification of the regular judge or otherwise as provided by statute. "Many, if not ali, jurisdictions have made provision for the selection of a substitute or special judge to serve in place of the regular judge in the event of disqualification, voluntary recusal, disability, or other absence of the regular judge, The circumstances under which a special or substitute judge may act in place of the regular judge, and the manner in which such ajudge may be chosen, are matters of purely local regulation, entirely dependent on local constitutions and statutes." 46 Am. Jur. 2d judges § 248, at 331 (1994).

special jurisdiction See limited jurisdiction.

special jurisdiction See limited jurisdiction under JURISDICTION.

special jury 1. A jury chosen from a panel that is drawn specifically for that case. Such a jury is usu. empaneled at a party"s request in an unusually important or complicated case. Also termed struck jury. See STRIKING A JURY. 2. At common law, a jury composed of persons above the rank of ordinary freeholders, usu. summoned to try more important questions than those heard by ordinary juries. Also termed good jury.

special jury See JURY.

special law See LAW.

special law A law that pertains to and affects a particular case, person, place, or thing, as opposed to the general public. Also termed special act; private law. Cf. general law (1).

special legacy See specific legacy under LEGACY.

special letter of credit See LETTER OF CREDIT.

special lien See particular lien under LIEN.

special limitation See LIMITATION.

special litigation committee A committee of independent corporate directors assigned to investigate the merits of a shareholder derivative suit and, if appropriate, to recommend maintaining or dismissing the suit. Abbr. SLC. Also termed independent investigation committee; authorized committee. See DERIVATIVE ACTION.

special malice See particular malice under MALICE.

special master 1. MASTER. 2. See judicial officer (3) under OFFICER.

special matter See MATTER.

special meaning See SECONDARY MEANING.

special meeting See MEETING.

special message See MESSAGE.

special mortgage See MORTGAGE.

special motion See MOTION (1).

special non est factum See NON EST FACTUM.

special occupant See OCCUPANT.

special occupant A person specifically designated in a conveyance as being entitled to a life estate if the conveyee dies before the end of the life estate; specif., a pur autre vie tenants heir who occupies land in the interim between the death of the tenant and the death of the person who serves as the measuring life for the estate. A special occupancy can arise when the grant to the pur autre vie tenant provides that possession is for the life of the tenant, then to the tenants heirs.

special offering An offering of a large block of stock that, because of its size and the market in the particular issue, is specially handled on the Hoor of the stock exchange.

special offering See OFFERING.

special order See ORDER (4).

special order An order of the day scheduled for consideration at a certain time, and which outranks and interrupts any other business except another special order scheduled earlier for the same time. See TIME CERTAIN. 5. Parliamentary law. A vote that assigns a duty to an officer, employee, or other agent, customarily in the form, Ordered, That 6. Parliamentary law. RULE (3). 7. Commercial law. The words in a draft (such as a check) directing one person to pay money to or deliver something to a designated person. An order should appear to be the demand of a right as opposed to the request for a favor. See order paper under PAPER. 8. Securities. A customer s instructions to a broker about how and when to buy or sell securities.

special owner One (such as a bailee) with a qualified interest in property. Cf. general owner.

special owner See OWNER.

special partner See limited partner under PARTNER.

special partner See limited partner.

special partnership 1. See limited partnership. 2. A partnership formed only for a Single venture.

special partnership See PARTNERSHIP.

special permit See SPECIAL-USE PERMIT.

special plea A plea alleging one or more new facts rather than merely disputing the legal grounds of the action or charge. All pleas other than general issues are special pleas. See general issue under ISSUE (1).

special plea See PLEA (3).

special plea in bar A plea that, rather than addressing the merits and denying the facts alleged, sets up some extrinsic fact showing why a criminal defendant cannot be tried for the offense charged. Examples include the plea of autrefois acquit and the plea of pardon.

special plea in bar See PLEA IN BAR.

special plea in error At common law, a plea alleging some extraneous matter as a ground for defeating a writ of error (such as a release or expiration of the time within which error can be brought), to which the plaintiff in error must reply or demur.

special pleader See PLEADER.

special pleading See SPECIAL PLEADING. 3. The legal rules regulating the statement of the plaintiff s claims and the defendant s defenses <today, pleading is a much simpler subject than it was in former years>.

special pleading 1. The common-law system of pleading that required the parties to exchange a series of court papers (such as replications, rebutters, and surrebutters) setting out their contentions in accordance with hypertechnical rules before a case could be tried. Often, therefore, cases were decided on points of pleading and not on the merits. 2. The art of drafting pleadings under this system. 3. An instance of drafting such a pleading. 4. A responsive pleading that does more than merely deny allegations, as by introducing new matter to justify an otherwise blameworthy act. 5. An argument that is unfairly slanted toward the speakers viewpoint because it omits unfavorable facts or authorities and develops only favorable ones.

special power 1. An agent s limited authority to perform only specific acts or to perform under specific restrictions. Also termed particular power. 2. See limited power ofappointment under POWER OF APPOIKTMENT.

special power 1. See POWER (3). 2. See limited power of appointment under POWER OF APPOINTMENT.

special power of appointment See limited power of appointment.

special power of appointment See limited power of appointment under POWER OF APPOINTMENT.

special power of attorney A power of attorney that limits the agent s authority to only a specified matter. Cf. general power ofattorney.

special power of attorney See POWER OF ATTORNEY.

special prayer A prayer for the particular relief to which a plaintiff claims to be entitled.

special prayer See PRAYER FOR RELIEF.

special privilege See PRIVILEGE (1).

special privilege See personal privilege.

special privilege 1. A privilege granted to a person or class of persons to the exclusion of others and in derogation of the common right. 2. See personal privilege under PRIVILEGE (5).

special proceeding 1. A proceeding that can be commenced independently of a pending action and from which a final order may be appealed immediately. 2. A proceeding involving statutory or civil remedies or rules rather than the rules or remedies ordinarily available under rules of procedure; a proceeding proViding extraordinary relief.

special proceeding See PROCEEDING.

special property See PROPERTY.

special property Property that the holder has only a qualified, temporary, or limited interest in, such as (from a bailee s standpoint) bailed property.

special prosecutor A lawyer appointed to investigate and, if justified, seek indictments in a particular case. See independent counsel under COUNSEL. 2. A private person who institutes and carries on a legal action, esp. a criminal action. Also termed (in sense 2) private prosecutor. - prosecutorial, adj.

special prosecutor See PROSECUTOR.

special reference A court reference of a case to a referee for decisions on specific questions of fact. The special referee makes findings and reports them to the trial judge, who treats them as adVisory only and not as binding decisions. 2. An order sending a case to a master or referee for information or decision. 3. Mention or citation of one document or source in another document or source. 4. patents. Infonnation such as that contained in a publication, another patent, or another patent application that a patent examiner considers to be anticipatory prior art or proof of unpredictability in the art that forms a basis for one or more of an applicant claims to be rejected. See CITATION (4). - refer, vb.

special reference See REFERENCE.

special registration See REGISTRATION (1).

special registration Voter registration for a particular election only. 2. Securities. The complete process of preparing to sell a newly issued security to the public <the security is currently in registration>. register, vb.

special relationship A nonfiduciary relationship having an element of trust, arising esp. when one person trusts another to exercise a reasonable degree of care and the other knows or ought to know about the reliance. Cf. fidUciary relationship.

special relationship See RELATIONSHIP.

special relief A variance from a formal requirement for copyright registration or deposit granted by the U.S. Copyright Office when an applicant shows a good reason for the variance.

special replication See REPLICATION.

special replication Equity pleading. A replication that puts in issue a new fact to counter a new matter raised in the defendant plea or answer.