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special reprisal A reprisal by which a nation authorizes an aggrieved private citizen to redress an injury caused by another nation. - An example is an authorization for a private citizen to seize a particular vessel of the offending nation. See LETTERS OF MARQUE. 2. (often pl.) An act of forceful retaliation for injury or attack by another country; formerly, in war, the killing of prisoners in response to an enemy s war crimes (now unlawful). Cf. RETORSION. 3. Anv act or instance of retaliation, as by an employer aginst a complaining employee.

special reprisal See REPRISAL.

special retainer A retainer for a specific case or project.

special retainer See RETAINER.

special retention A possessors right to keep property owned by another until reimbursed for expenditures on the property for its repair or for its care and maintenance.

special retention See RETENTION.

special rule 1. A rule applicable to a particular case or circumstance only. See RULE (1). 2. A deliberative assemblys rule that supplements or supersedes its parliamentary authority. See PARLIAMENTARY AUTHORITY. 3. A rule that applies only to a particular matter, such as a specific bill. In senses 2 & 3, see RULE (2), (3).

special rule See SPECIAL RULE (1). 2. A regulation governing a courts or an agencys internal procedures. 3. Parliamentary law. A procedural rule (sense 1) for the orderly conduct of business in a deliberative assembly. Also termed rule of order (often pl.).

special rule 1. See SPECIAL RULE (2). 2. See SPECIAL RULE (3).

special session A legislative session, usu. called by the executive, that meets outside its regular term to consider a specific issue or to reduce backlog. Also termed extra session; extraordinary session. 2. The period within any given day during which such a body is assembled and performing its duties <court is in session>. - The terms "meeting" and "session" have opposite but sometimes interchangeable meanings. An organizations annual convention may consist of several consecutive meetings that it calls "sessions," such as a morning session and an afternoon session, or a Friday session and a Saturday session, which are technically meetings rather than sessions. Likewise, the organization may call its convention an "annual meeting," which technically comprises several meetings that constitute a single session. Cf. .MEETI~G. 3. A trading day in a stock market.

special session See SESSION (1).

special setting A preferential setting on a courts calendar, usu. reserved for older cases or cases given priority by law. made either on a partys motion or on the courts own motion. - For example. some jurisdictions authorize a special setting for cases invoiving a party over the age of 70. - Also termed speCial trial setting; trial-setting preference.

special setting See SETTING.

special statute A law that applies only to specific individuals, as opposed to everyone. - Also termed private statute. "It is ancient wisdom, tracing back at least as far as the Roman taboo against the privilegium, that laws ought to be general, they ought to be addressed, not to particular persons, but to persons generally or to classes of persons (say, all householders). Accordingly, a number of American states have inserted in their constitutions prohibitions against private or special statutes. These have given rise to endless difficulties. Lon L. Fuller, Anatomy of the Law 102-03 (1968).

special statute See STATUTE.

special stock See STOCK.

special stock Corporate stock that guarantees investors an annual dividend and gives them creditor status to the extent that dividends have become payable. In contrast, preferred-stock holders claims for dividends payable are secondary to creditors claims. Special stock was statutorily authorized only in Massachusetts.

special tail See tail special under TAIL.

special tax See TAX.

special tax 1. A tax levied for a unique purpose. 2. A tax (such as an inheritance tax) that is levied in addition to a general tax.

special term See TERM (5).

special traverse See TRAVERSE.

special trial setting See special setting under SETTING.

special truce See TRUCE.

special trust See active trust under TRUST.

special use See SPECIAL EXCEPTION (2).

special venire See VENIRE.

special verdict See VERDICT.

special warranty See WARRANTY (1).

special warranty deed 1. A deed in which the grantor covenants to defend the title against only those claims and demands of the grantor and those claiming by and under the grantor. 2. In a few jurisdictions, a quitclaim deed. Cf. warranty deed.

special warranty deed See DEED.

special-assessment bond See special-tax bond under BOND (3).

special-circumstances rule See SPECIAL-FACTS RULE.

special-contract debt See DEBT.

special-contract debt A debt due, or acknowledged to be due, by an instrument under seal, such as a deed of covenant or sale, a lease reserving rent, or a bond. Also termed debt by special contract; debt by specialty contract; specialty debt. "Any contract in short whereby a determinate sum of money becomes due to any person, and is not paid but remains in action merely, is a contract of debt. And, taken in this light, it comprehends a great variety of acquisition; being usually divided into debts of record, debts by special, and debts by simple contract:' 2 William Blackstone, Commentaries on the Laws of England 464 (1766).

special-design property See special-purpose property under PROPERTY.

special-design property See special-purpose property.

special-duty doctrine The rule that a governmental entity (such as a state or municipality) can be held liable for an individual plaintiffs injury when the entity owed a duty to the plaintiff but not to the general public. This is an exception to the public-duty doctrine. The special-duty doctrine applies only when the plaintiff has reasonably relied on the governmental entitys assumption of the duty. Also termed specialduty exception. See PUBLIC-DUTY DOCTRINE.

special-duty exception 1. SPECIAL-DUTY DOCTRINE. 2. SPECIAL-ERRAND DOCTRINE.

special-errand doctrine The principle that workers compensation covers an employees injuries occurring while the employee is on a journey or special duty for the employer away from the workplace. This is an exception to the general rule that an employee is not covered for injuries occurring away from work. Also termed special-duty exception; special-mission exception. See GOING-AND-COMING RULE. Cf. SPECIALHAZARD RULE.

special-facts rule The principle that a director or officer has a fiduciary duty to disclose material inside information to a shareholder when engaging in a stock transaction under special circumstances, as when the shareholder lacks business acumen, the shares are closely held with no readily ascertainable market value, or the director or officer instigated the transaction. This is an exception to the majority rule. Also termed special-circumstances rule. Cf. MAJORITY RULE (2).

special-form drawing See DRAWING.

special-form drawing A drawing of a trademark that contains some graphical element, such as a logo, a picture, or a special type style. A stylized or specialform draWing must be submitted in black-and-white, with a description of the colors to be used on the final mark. Also termed stylized drawing.

special-hazard rule The principle that workers compensation covers an employee for injuries received while traveling to or from work if the route used contains unique risks or hazards and is not ordinarily used by the public except in dealing with the employer. This is an exception to the general rule that an employee is not covered for injuries occurring during the employees commute. See GOING-AND-COMING RULE. Cf. SPECIALERRAND DOCTRINE.

special-interest group An organization that seeks to influence legislation or government policy in favor of a particular interest or issue, esp. by lobbying. Also termed special interest.

specialist 1. A lawyer who has been board-certified in a specific field oflaw. See BOARD OF LEGAL SPECIALIZATION. 2. Securities. A securities-exchange member who makes a market in one or more listed securities. The exchange assigns securities to various specialists and expects them to maintain a fair and orderly market as provided by SEC standards.

specially accredited agent See AGENT (2).

specially accredited agent An agent with whom a third person has been specially invited to deal by the principal under circumstances leading the third person to believe that he or she will be notified if the authority is altered or revoked.

special-mission exception See SPECIAL-ERRAND DOCTRINE.

special-needs analysis Criminal procedure. A balancing test used by the Supreme Court to determine whether certain searches (such as administrative, civilbased, or public-safety searches) impose unreasonably on individual rights.

special-needs child 1. A child with medical problems or with a physical, mental, or emotional handicap. 2. A child that is likely to be unadoptable because of medical problems or phYSical, mental, or emotional handicaps, or by reason of age or ethnic background. See ADOPTION ASSISTANCE AND CHILD WELFARE ACT.

special-needs child See CHILD.

special-needs trust See supplemental-needs trust under TRUST.

special-order agenda See special-order calendar under CALENDAR (4).

special-order agenda See special-order calendar under CALENDAR (4).

special-order calendar The list of business scheduled as special orders. Also termed special-order agenda. See special order under ORDER (4).

special-order calendar See CALENDAR (4).

special-purpose entity A business established to perform no function other than to develop, own, and operate a large, complex project (usu. called a singlepurpose project), esp. so as to limit the number of creditors claiming against the project. A special-purpose entity provides additional protection for project lenders, which are usu. paid only out of the money generated by the entitys business, because there will be fewer competing claims for that money and because the entity will be less likely to be forced into bankruptcy. A special-purpose entity will sometimes issue securities instead of just receiving a direct loan. - Abbr. SPE. Also termed special-purpose vehicle (SPV). See BANKRUPTCY-REMOTE ENTITY; SINGLE-PURPOSE PROJECT; project financing under FINANCING.

special-purpose property See PROPERTY.

special-purpose property Property that has a unique design or layout, incorporates special construction materials, or has other features that limit the property s utility for purposes other than the one for which it was built. Because of the property s specialized nature, the market for the property may be quite limited. Also termed limited-market property; special-design property.

special-purpose vehicle See SPECIAL-PURPOSE ENTITY.

special-relationship doctrine The theory that if a state has assumed control over an individual sufficient to trigger an affirmative duty to protect that individual (as in an involuntary hospitalization or custody), then the state may be liable for the harm inflicted on the individual by a third party. This is an exception to the general principle prohibiting members of the public from suing state employees for failing to protect them from third parties. Also termed special-relationship exception. Cf. DANGER-CREATION DOCTRINE.

specials See special damages under DAMAGES.

special-sensitivity rule See EGGSHELL-SKULL RULE.

special-tax bond See BOND (3).

special-tax bond A municipal bond secured by taxes levied for a specific governmental purpose, usu. improvements. Also termed special-assessment bond.

specialty 1. See contract under seal under CONTRACT. 2. DOCTRINE OF SPECIALTY. 3. Eminent domain. Unique property (such as a church or cemetery) that is essentially not marketable, so that its value for condemnation purposes is determined by measuring the propertys reproduction cost less any depreciation. Also termed (in sense 3) specialty property.

specialty bar A voluntary bar association for lawyers with special interests, specific backgrounds, or common practices.

specialty bar See BAR.

specialty contract See contract under seal under CONTRACT.

specialty contract See contract under seal.

specialty creditor A creditor to whom an heir is liable for a decedent's debts to the extent of the land inherited. Historically, unless the creditor obtained a judgment against the debtor before the debtor's death, the creditor's right of action on the debt was limited to the decedent's lawful heir. If the debtor devised the land to a stranger, the creditor's claim was defeated. See HEIR (1). 'There were three exceptions to this rule that a fee simple estate was not liable to the creditors of the deceased. Debts due to the Crown and debts due to judgment creditors were enforceable against the land notwithstanding the death of the owner, and thirdly, if the fee simple tenant had in his lifetime executed a deed whereby he covenanted for himself and his heirs to pay a sum of money, the creditor (called a specialty creditor) could make the heir liable for the debt to the extent of the land which had descended to him. But this privilege of the specialty creditor was not at first enforceable against an equitable fee Simple, and it was strictly limited to a right of action against the heir of the deceased, so that the creditor was defrauded of his money If the deceased devised his land to a stranger." C.C Cheshire, Modern Law of Real Property 738 (3d ed. 1933).

specialty creditor See CREDITOR.

specialty debt See special-contract debt under DEBT.

specialty doctrine See DOCTRINE OF SPECIALTY.

specialty property See SPECIALTY (3).

specialty property See SPECIALTY (3).

special-use permit A zoning boards authorization to use property in a way that is identified as a special exception in a zoning ordinance. Unlike a variance, which is an authorized violation of a zoning ordinance, a special-use permit is a permitted exception. - Abbr. SUP. - Also termed conditional-use permit; special permit. See SPECIAL EXCEPTION (2). Cf. VARIANCE (2).

special-use valuation See VALUATION.

specie (spee-shee). See IN SPECIE.

species (spee-sheez). 1. A taxonomic class of organisms uniquely distinguished from other classes by shared characteristics and usu. by an inability to interbreed with members of other classes.

species claim A claim that is limited to a single apparatus, process, composition of matter, or article of manufacture, rather than to a range of similar and related items. Cfgeneric claim.

species claim See PATENT CLAIM.

species facti (spee-shee-eez or spee-sheez fak-ti). [Latin] Scots law. The particular character of the thing done. The phrase appeared in reference to the specific criminal act or civil wrong alleged.

specific 1. Of, relating to, or designating a particular or defined thing; explicit <specific duties>. 2. Ofor relating to a particular named thing <specific item>. 3. Conformable to special requirements <specific performance>. - specificity (spes-a-fis-i-tee), n. specifically, adv.

specific appropriation See APPROPRIATION (2).

specific bequest A bequest of a specific or unique item of property, such as any real estate or a particular piece of furniture.

specific bequest See BEQUEST.

specific denial A separate response applicable to one or more particular allegations in a complaint. de non alienando sine consensu superiorum 3. A refusal or rejection <denial of an employment application>. 4. A deprivation or withholding <denial of due process>. - deny, vb.

specific denial See DENIAL.

specific deposit See special deposit under DEPOSIT (2).

specific devise See DEVISE.

specific devise A devise that passes a particular piece of property.

specific duty A tax calculated on an import's weight, volume, or item count. Cf. ad valorem duty; compound duty.

specific duty See DUTY (4).

specific enforcement See primary right under RIGHT.

specific enforcement See primary right under RIGHT.

specific example See EXAMPLE.

specific guaranty A guaranty of a single debt or obligation.

specific guaranty See GUARANTY.