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specific intent See INTENT (1).

specific intent The intent to accomplish the precise criminal act that one is later charged with. At common law, the specific-intent crimes were robbery, assault, larceny, burglary, forgery, false pretenses, embezzlement, attempt, solicitation, and conspiracy. Also termed criminal intent. See SPECIFIC-INTENT DEFENSE.

specific jurisdiction Jurisdiction that stems from the defendant"s having certain minimum contacts with the forum state so that the court may hear a case whose issues arise from those minimum contacts. Cf. general jurisdiction.

specific jurisdiction See JURISDICTION.

specific legacy See LEGACY.

specific legatee See LEGATEE.

specific lien See LIEN.

specific main motion See incidental main motion under MOTION (2).

specific objection See OBTECTION.

specific objection An objection that is accom panied by a statement of one or more grounds in support of the objection. 2. Parliamentary law. A motion that suppresses a main motion, esp. one that will or may inflame controversy, immediately and without debate. - The motion, because it disposes of the main motion without any debate, usu. requires a supermajority. - Also termed question of consideration; objection to consideration ofa question. "Objection to the consideration of a question is used when an original main motion is of a delicate or personal nature, or is contentious or inflammatory (such as sectarian, politi• cal, raCial, etc., or is irrelevant, unprofitable, or otherwise objectionable or discriminatory. The motion can be aVOided altogether by instantly objecting to the consideration of the question," George Demeter, Demeter s Manual of Par¬liamentary Law and Procedure 141 (1969). 3. Parliamentary law. A negative vote, esp. one that defeats a request for general consent. 4. Patents. An examiner s action identifying a defect in the form of a patent application, usu. in the specification or a drawing. An objection does not raise questions about the merit of the claims. An examiner might object, for instance, to a defective oath or to a trademark appear¬ing on the drawings. Cf. REJECTION (4).

specific performance See SPECIFIC PERFORMANCE.

specific performance The rendering, as nearly as practicable, of a promised performance through a judgment or decree; specif., a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a rare article is involved. Specific performance is an equitable remedy that lies within the courts discretion to award whenever the common-law remedy is insufficient, either because damages would be inadequate or because the damages could not pOSSibly be established. - Also termed specific relief "In essence, the remedy of specific performance enforces the execution of a contract according to its terms, and it may therefore be contrasted with the remedy of damages, which is compensation for non-execution. In specific performance, execution of the contract is enforced by the power of the Court to treat disobedience of its decree as contempt, for which the offender may be imprisoned until he IS prepared to comply with the decree. Actually, ... it is not strictly accurate to say that the Court enforces execu tion of the contract according to its terms, for the Court will not usually intervene until default upon the contract has occurred, so that enforcement by the Court is later in time than performance carried out by the person bound, without the intervention of the Court." G.W. Keeton, An Introduction to Equity 304 (5th ed. 1961).

specific personal jurisdiction See TURISDICTION.

specific personal jurisdiction Jurisdiction based on a person"s minimum contacts with the forum state when the claim arises out of or is related to those contacts. See MINIMUM CONTACTS. Cf. personal jurisdiction; general personal jurisdiction.

specific policy See basicjorm policy.

specific policy See basic-form policy under INSURANCE POLICY.

specific relief See SPECIFIC PERFORMANCE.

specific remedy A remedy whereby the injured party is awarded the very performance that was contractually promised or whereby the injury threatened or caused by a tort is prevented or repaired. A court awards a specific remedy by ordering a defaulting seller of goods to deliver the specified goods to the buyer (as opposed to paying damages).

specific remedy See REMEDY.

specific tax A tax imposed as a fixed sum on each article or item of property of a given class or kind without regard to its value.

specific tax See TAX.

specific traverse See common traverse under TRAVERSE.

specificatio (spes-a-fi-kay-shee-oh), n. [Latin fr. species "form" + facere "to make"] Roman & civil law. 1. A giving of form to materials; the process of making something new from existing property. 2. A mode of acquisition by which a person makes something new from existing material (for example, wine from grapes or a ship from timber). See ACCESSION (4). PI. specificationes. "Specificatio. This may be described as acquisition of a new thing by making it, out of materials wholly or partly belonging to another person. We shall deal only with the case in which the materials are wholly anothers. There was in classical law a conflict of opinion on this topic, Justinian tells us that there had been a media sententia according to which it belonged to the maker if (I) it was irreducible to its former state, and (ii) it really was a nova speCies. where species means thing, And this view he adopts as law." w.w. Buckland, A Manual of Roman Private Law 143 (2d ed, 1953),

specification 1. The act of making a detailed statement, esp. of the measurements, quality, materials, or other items to be provided under a contract. 2. The statement so made. 3. Patents. The part of a patent application describing how an invention is made and used, the best mode of operation of the claimed invention, and the inventors claims. The specification must be clear and complete enough to enable a person of ordinary skill in the art to make and use the invention. It must also disclose the best mode ofworking the invention. The term may also refer to the description as separate from the claims. Abbr. spec. Cf. PATENT CLAIM. The specification and claims of a patent, particularly if the Invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy; and, in view of the fact that valuable inventions are often placed in the hands of inexperienced persons to prepare such specifications and claims, it is no matter of surprise that the latter frequently fail to describe with requisite certainty the exact invention of the patentee, and err either in claiming that which the patentee had not in fact invented, or in omitting some element which was a valuable or essential part of his actual invention, Topliff v. Topliff. 145 U.S. 156, 170,12 S.Ct. 825, 831 (1892).

specific-intent defense A defendants claim that he or she did not have the capacity (often supposedly because of intoxication or mental illness) to form the intent necessary for committing the crime alleged.

specific-purpose rule The principle that a nonowner driver of a vehicle is treated as an omnibus insured under the vehicle owners liability coverage only ifthe drivers actual use ofthe vehicle at the time of the accident is the exact use that the owner contemplated when granting permission or consent to the nonowner driver. The time at which the bailment of the vehicle was to expire must not have passed, the place where the vehicle was being used must be as specified or contemplated by the insured, and the use of the vehicle must comport with the type of use that the insured had in mind when the bailment was created. Otherwise, the permittees use of the vehicle will be regarded as a conversion. - Also termed conversion rule; strict rule.

specific-purpose rule The principle that a nonowner driver of a vehicle is treated as an omnibus insured under the vehicle owners liability coverage only ifthe drivers actual use ofthe vehicle at the time of the accident is the exact use that the owner contemplated when granting permission or consent to the nonowner driver. The time at which the bailment of the vehicle was to expire must not have passed, the place where the vehicle was being used must be as specified or contemplated by the insured, and the use of the vehicle must comport with the type of use that the insured had in mind when the bailment was created. Otherwise, the permittees use of the vehicle will be regarded as a conversion. - Also termed conversion rule; strict rule.

specimen An actual sample of something; esp., an example of a trademark as it is used in commerce. In the field of trademarks, a specimen typically consists of a label, a container, a display, or a photograph of the mark used for selling or advertising the goods or services.

specious adj. Falsely appearing to be true, accurate, or just <specious argument>.

spectrograph An electromagnetic machine that analyzes sound, esp. a human voice, by separating and mapping it into elements offrequency, time lapse, and intensity (represented by a series of horizontal and vertical bar lines) to produce a final voiceprint. See VOICEPRINT.

speculation 1. The buying or selling of something with the expectation of profiting from price fluctuations <he engaged in speculation in the stock market>. 2. The act or practice of theorizing about matters over which there is no certain knowledge <the publics speculation about the assassination of john F. Kennedy>. speculate, vb. - speCUlative, adj.

speculative damages See DAMAGES.

speculative damages 1. Damages that are so uncertain to occur that they will not be awarded. Also termed remote damages. 2. See punitive damages.

speculative risk A risk that can result in either a loss or a gain. Cf. pure risk.

speculative risk See RISK.

speculative security A security that, as an investment, involves a risk ofloss greater than would usu. be involved; esp., a security whose value depends on proposed or promised future promotion or development, rather than on present tangible assets or conditions.

speculative security See SECURITY.

speculator A knowledgeable, aggressive investor who trades securities to profit from fluctuating market prices.

speech 1. The expression or communication of thoughts or opinions in spoken words; something spoken or uttered. See FREEDOM OF SPEECH.

Speech Clause The First Amendment provision that "Congress shall make no law ... abridging the freedom of speech." U.S. Const. amend I. Also termed Freedom ofSpeech Clause.

Speech or Debate Clause The clause of the u.s. Constitution giving members of Congress immunity for statements made during debate in either the House or the Senate. This immunity is extended to other areas where it is necessary to prevent impairment of deliberations and other legitimate legislative activities, such as subpoenaing bank records for an investigation. U.S. Const. art. I, § 6., cl. 1. Also termed Speech and Debate Clause. See congressional immunity under IMMUNITY (1).

speech-plus See symbolic speech.

speech-plus See symbolic speech under SPEECH.

speedy execution An execution issuing quickly (esp. by judges at nisi prius) after a trial. 5. Criminal law. The carrying out of a death sentence <the Supreme Court stayed the execution>. - execute, vb.

speedy execution See EXECUTION.

speedy remedy A remedy that, under the circumstances, can be pursued expeditiously before the aggrieved party has incurred substantial detriment. "Speedy remedy" is an informal expression with no fixed meaning that is, what is considered speedy in one context may not be considered speedy in other contexts. For example, the Federal Tax Injunction Act requires a "plain, speedy, and efficient remedy" in state courts. But the Act does not require preliminary or injunctive relief - or even interest for delay. Speedy is perforce a relative concept, and we must assess the 2-year delay against the usual time for similar litigation." Rosewell v. LaSalle Nat l Bank, 450 U.S. 503, 518 (1981).

speedy remedy See REMEDY.

speedy trial Criminal procedure. A trial that the prosecution, with reasonable diligence, begins promptly and conducts expeditiously. The Sixth Amendment secures the right to a speedy trial. In deciding whether an accused has been deprived of that right, courts generally consider the length of and reason for the delay, and the prejudice to the accused.

Speedy Trial Act of 1974 A federal statute establishing time limits for carrying out the major events (such as information, indictment, arraignment, and trial commencement) in the prosecution of federal criminal cases. 18 USCA §§ 3161-3174.

spending bill See appropriations bill. 4. An enacted statute <the GI Bill>. 5. An itemized list of charges; an invoice <hospital bill>. See FEE STATEMENT.

spending bill See appropriations bill under BILL (3).

spending power See POWER (3).

spendingpower The power granted to a governmental body to spend public funds; esp., the congressional power to spend money for the payment of debt and provision of the common defense and general welfare of the United States. U.S. Const. art. 1, § 8, cl. 1.

spendthrift One who spends lavishly and wastefully: a profligate. spendthrift, adj.

spendthrift trust See TRUST.

spent bill of lading See BILL OF LADING.

spent bill of lading A negotiable bill of lading that is not produced, canceled, or surrendered after the carrier has delivered the goods. Often shortened to spent bill.

sperate (speer-at), adj. Archaic. (Of a debt) recoverable; not hopeless. In determining whether a debt could be collected, consideration was formerly given to whether the debt was desperate or sperate.

spes accrescendi (speez ak-ra-sen-di). [Latin "hope of accrual"] Hope of acquiring an extra share of a legacy or inheritance by survival.

spes obligationis (speez ob-li-gay-shee-oh-nis). [Latin]. The hope of an obligation yet to emerge.

spes recuperandi (speez ri-k[y]oo-pa-ran-di). [Latin "hope of recovery"] Hope of recovering a prize, as from a captured vessel.

spes successionis (speez sak-sesh-ee-oh-nis). [Latin "hope of succession"] Hope of succeeding to a right. "A mere spes successionis must be distinguished from a contingent right. If Matilda has nursed her Invalid friend for thirty years, she may have every hope of succeeding to the property, but she has no right." George Whitecross Paton, A Textbook ofjurisprudence 306 (GW. Paton & David P. Derham eds., 4th ed. 1972),

spes successionis in destinatione (speez sak-ses[h)-ee¬oh-nis in des-ti-nay-shee-oh-nee). [Law Latin) Hist. A hope of succeeding under a destination (that is, an appointment by will).

spes successionis in obligatione (speez sak-ses[h]-ee-oh¬nis in ob-li-gay-shee-oh-nee). [Law Latin]. A hope of succeeding to a right under an existing obligation.

Spielberg doctrine The policy of the National Labor Relations Board to defer to an arbitrators decision regarding a contract dispute if (1) the decision is not repugnant to the NLRB, (2) the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and (3) the contract requires binding arbitration. Spielberg Mfg. Co., 112 NLRB Dec. (CCH) 86 (1955). Cf. COLLYER DOCTRINE. "In Spielberg Mfg. Co. (1955), the Board announced its policy of dismissing an unfair labor practice complaint in deference to an arbitration award already rendered, provided the arbitral procedures were fair and the award was not repugnant to the policies of the Labor Act .... The Supreme Court in several cases cited the Boards deferral policy with approval, noting that the Board has discretion to respect an arbitration award and that arbitration of disputes contributes to industrial peace and stability." Robert A. Gorman, Basic Text on Labor Law: Unionization and Collective Bargaining 751 (1976).

spigurnel (spig-ar-nel). An early officer of the Chancery, equivalent to the Sealer of the kings writs in later times.

spillover See EXTERNALITY.

spillover theory The principle that a severance must be granted only when a defendant can show that a trial with a codefendant would substantially prejudice the defendants case, as when the jury might wrongly use evidence against the defendant. See BRUTON ERROR. The spillover theory involves the question of whether a jurys unfavorable impression of a defendant against whom the evidence is properly admitted will influence the way the jurors view a codefendant. The test. is whether the jury can keep separate the evidence that is relevant to each defendant and render a fair and impartial verdict." 22A C).S. Criminal Law § 571, at 190-91 (1989).

spinning The giving of shares or preferred opportunities to buy shares in an initial public offering to key investment-banking clients in order to solicit or retain profitable business in the future.

spin-off 1. A corporate divestiture in which a division ofa corporation becomes an independent company and stock of the new company is distributed to the corporations shareholders. 2. The company created by this divestiture. - Also written spinoff. Cf. SPLIT-OFF; SPLIT-UP.

spirit of the law The general meaning or purpose of the law, as opposed to its literal content. Cf. LETTER OF THE LAW.

spiritual adj. Of or relating to ecclesiastical rather than secular matters <spiritual corporation>.

spiritual corporation See CORPORATION.

spiritual corporation A corporation whose members are spiritual persons, such as bishops, rectors, and abbots.

spiritual court See ecclesiastical court.

spiritual court See ecclesiastical court under COURT.

spiritual lord An archbishop or bishop having a seat in the House of Lords.

spiritual tenure See TENURE.

spiritual-treatment exemption See FAITH-HEALING EXEMPTION.

spital (spit-al). Archaic. A hospital. Also termed spittle.

spite fence A fence erected solely to annoy a neighbor, as by blocking the neighbors view or preventing the neighbor from acquiring an easement of light <the court temporarily enjoined the completion of the 2S-foot spite fence>. Cf. LAWFUL FENCE.

spittle See SPITAL.

split 1. To divide (a cause of action) into segments or parts. 2. To issue two or more shares for each old share without changing the shareholders proportional ownership interest. See STOCK SPLIT; SPLIT-INTEREST PURCHASE OF PROPERTY.

split custody An arrangement in which one parent has custody of one or more children, while the other parent has custody of the remaining children. Split custody is fairly uncommon, since most jurisdictions favor keeping siblings together. 3. The detention of a person by virtue of lawful process or authority. - Also termed legal custody. custodial, adj.

split custody See CUSTODY (2).

split fund See dual fund under MUTUAL FUND.

split gift A gift that is made by one spouse to a third person and that, for gift-tax purposes, both spouses treat as being made one-half by each spouse; a gift in which the spouses combine their annual gift-tax exclusions. A split gift, for example, is eligible for two annual exclusions of $10,000 each, or a total of $20,000 for one gift. - Also termed giftsplitting; gift-splitting election. See annual exclusion under EXCLUSION (1).

split gift See GIFT.

split income An equal division between spouses of earnings reported on a joint tax return, allowing for equal tax treatment in community-property and common-law states.

split income See INCOME.

split order See ORDER (8).

split order An order directing a broker to sell some stock at one price and some stock at another price.

split sentence A sentence in which part of the time is served in confinement to expose the offender to the unpleasantness of prison and the rest on probation.See shock probation under PROBATION.

split sentence See SENTENCE.

split verdict See VERDICT.

split-dollar insurance See split-dollar life insurance under LIFE INSURANCE.

split-dollar life insurance See LIFE INSURANCE.

split-funded plan See EMPLOYEE BENEFIT PLAN.

split-funded plan A retirement plan combining elements of both life-insurance and investment plans.

split-interest purchase of property An arrangement between two parties to purchase an asset whereby one party (often a parent) purchases a life estate and the other party (often a child or grandchild of the life tenant) purchases a remainder interest. Each party to a split pays the actuarial value of the interest purchased. Often shortened to split. Also termed joint-interest purchase.