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state action Anything done by a government; esp., in constitutional law, an intrusion on a persons rights (esp. civil rights) either by a governmental entity or by a private requirement that can be enforced only by governmental action (such as a racially restrictive covenant, which requires judicial action for enforcement).

state agency See AGENCY (3).

state agency state agency An executive or regulatory body of a state. State agencies include state offices, departments, divisions, bureaus, boards, and commissions. Also termed state body.

state appeal An appeal to a state appellate court, either from a court of first instance to any intermediate appellate court or from a lower court to the highest court in the state-court system.

state appeal See APPEAL.

state auditor See AUDITOR.

state auditor The appointed or elected official responsible for overseeing state fiscal transactions and auditing state-agency accounts. See AUDIT.

state bank A bank chartered by a state and super-vised by the state banking department. A state bank must have FDIC insurance on deposits but need not become a member of the Federal Reserve System to obtain the insurance. A state bank that is a member of the Federal Reserve is regulated by the state banking department and by the Federal Reserve. Nonmember state banks are regulated by both the state banking department and the FDIC.

state bank See BANK.

state bar association An association or group of attorneys that have been admitted to practice law in a given state; a bar association organized on a statewide level, often with compulsory membership .o State bar associations are usu. created by statute, and member-ship is often mandatory for those who practice law in the state. Unlike voluntary, professional-development bar associations such as the American Bar Associa-tion, state bar associations often have the author-ity to regulate the legal profession, by undertaking such matters as disciplining attorneys and bringing lawsuits against those who engage in the unauthor-ized practice of law.

state bar association See BAR ASSOCIATION.

state body See state agency under AGENCY (3).

state bond A bond issued by a state.

state bond See BOND (3).

state court See COURT.

state court A court of the state judicial system, as opposed to a federal court.

state criminal 1. A person who has committed a crime against the state (such as treason); a political criminal. 2. A person who has committed a crime under state law.

state criminal See CRIMINAL.

State Department See DEPARTMENT OF STATE.

state government See GOVERNMENT.

state government The government of a state of the United States. 4. The executive branch of the U.S. government. 5. The prosecutors in a given criminal case <the government has objected to the introduction of that evidence>. 6. An academic course devoted to the study of govern ment; political science <Bridges is enrolled in Government 101>.

state jurisdiction 1. The exercise of state-court authority. 2. A court"s power to hear all matters, both civil and criminal, arising within its territorial boundaries.

state jurisdiction See JURISDICTION.

State Justice Institute A nonprofit federal corporation charged with improving judicial administration in state courts. It was created by the State Justice Institute Act of 1984.42 USCA §§ 10701-10713. - Abbr. SJI.

state law See STATE LAW.

state law A body oflaw in a particular state consisting of the states constitution, statutes, regulations, and common law. Cf. FEDERAL LAW.

state of art See STATE OF THE ART.

state of mind 1. The condition or capacity of a persons mind; MENS REA. 2. Loosely, a persons reasons or motives for committing an act, esp. a criminal act.

state of nature The lack of a politically organized Society. The term is a hypothetical construct for the period in human history predating any type of political society. "[W]e may make use ofthe contrast, familiar to the philosophy of the seventeenth and eighteenth centuries, between the civil state and the state of nature. This state of nature is now commonly rejected as one of the fictions which flourished in the era of the social contract, but such treatment is needlessly severe. The term certainly became associated with much false or exaggerated doctrine touching the golden age, on the one hand, and the bellum omnium contra omnes of Hobbes, on the other, but in itself it nevertheless affords a convenient mode for the expression of an undoubted truth. As long as there have been men, there has probably been some form of human society. The state of nature, therefore, is not the absence of Society, but the absence of a society so organised on the basis of physical force as to constitute a state. Though human society is coeval with mankind, the rise of political society, properly so called, is an event in human history." John Salmond, Jurisprudence 103-04 (Glanville L. Williams ed., 10th ed. 1947).

state of the art Products liability. The level of pertinent scientific and technical knowledge existing at the time of a products manufacture, and the best technology reasonably available at the time the product was sold. Also termed state of art. - state-of-the-art, adj. "While the statutes in effect in some jurisdictions speak in terms of a state of the art defense, statutes in other jurisdictions provide that state of the art evidence is admissible or may be considered by the trier of fact by statute, and that in determining whether a product was in a defective condition or unreasonably dangerous at the time It left the control ofthe manufacturer or seller, consideration is given to the state of scientific and technical knowledge available to the manufacturer or seller at the time the product was placed on the market, and to the customary designs, methods, standards, and techniques of manufacturing, inspecting, and testing used by other manufacturers or sellers of similar products." 63AAm,Jur, 2d Products Liability § 1319, at 472 (2008),

state of the case The posture oflitigation as it develops, as in discovery, at trial, or on appeal.

State of the Union See Presidential message under MESSAGE.

state of war A situation in which war has been declared or armed conflict is in progress. See WAR.

state officer 1. A person whose authority or jurisdiction extends to the general public or state as a whole, as distinguished from an officer whose authority and jurisdiction are confined to the limits of a particular political subdivision. 2. An officer exercising authOrity under a state rather than the federal government.

state officer See OFFICER (1).

state paper 1. A document prepared by or relating to a state or national government and affecting the administration of that government in its political or international relations. 2. A newspaper officially designated for the publication of public statutes, resolutions, notices, and advertisements.

state paper office An office established in London in 1578, headed by the Clerk of the Papers, to maintain custody of state documents.

state police The department or agency of a state government empowered to maintain order, as by investigating and preventing crimes, and making arrests.

state police power The power of a state to enforce laws for the health, welfare, morals, and safety of its citizens, if enacted so that the means are reasonablv calculated to protect those legitimate state interests.

state religion A religion promoted, taught, or enforced by a government s acts to the exclusion of other religions.

state religion See RELIGION.

state s evidence See EVIDENCE.

state s evidence, turn See TURN STATES EVIDENCE.

state s ward See ward of the state under WARD.

state seal See great seal (2).

state seal See great seal (2) under SEAL.

state secret A governmental matter that would be a threat to the national defense or diplomatic interests of the United States if revealed; information possessed by the government and of a military or diplomatic nature, the disclosure of which would be contrary to the public interest. State secrets are privileged from disclosure by a witness in an ordinary judicial proceeding. Also termed governmental secret; government secret. See executive privilege & state-secrets privilege under PRIVILEGE (3).

state sovereignty The right of a state to self-government; the supreme authority exercised by each state.

state sovereignty See STATE SOVEREIGNTY. 2. The supreme political authority of an independent state. 3. The state itself. "It is well to [distinguish] the senses in which the word Sovereignty is used. In the ordinary popular sense it means Supremacy, the right to demand obedience. Although the idea of actual power is not absent, the prominent idea is that of some sort of title to exercise control. An ordinary layman would call that person (or body of persons) Sovereign in a State who is obeyed because he is acknowledged to stand at the top, whose will must be expected to prevail, who can get his own way, and make others go his, because such is the practice of the country. EtymologIcally the word of course means merely superiority, and familiar usage applies it in monarchies to the monarch. because he stands first in the State, be his real power great or small. James Bryce, Studies in Historv and Jurisprudence 504-05 (1901).

State Street Bank A landmark 1998 decision in i the Federal Circuit that made it easier to get patents on computer software, and also rejected the long-accepted notion that business methods are per se unpatentable. The court struck down per se rules against patenting mathematical algorithms (the soul of software), fOcusing instead on whether the ultimate result was useful, concrete, and tangible in practice. State Street Bank & Trust C. v. Signature Fin. Group, Inc., 149 F.3d , 1368 (Fed. Cir. 1998).

state tax See TAX.

state tax 1. A tax usu. in the form of a sales or income tax - earmarked for state, rather than federal or municipal, purposes. 2. A tax levied under a state law.

state terrorism See TERRORISM.

state the question Parliamentary procedure. (Of the chair) to formally state a motion as in order and ready for consideration. Cf. PUT THE QUESTION.

state trial See TRIAL.

state-action doctrine The principle that the antitrust laws do not prohibit a states anticompetitive acts, or official acts directed by a state. Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307 (1943). - Also termed Parker doctrine. See MIDCAL TEST.

state-all-facts interrogatory See identification interrogatory.

state-all-facts interrogatory See identification interrogatory under INTERROGATORY.

state-compulsion test The rule that a state is responsible for discrimination that a private party commits while acting under the requirements of state law, as when a restaurant owner is required by state law to refuse service to minorities. Adiekes v. S.H. Kress & Co., 398 U.S. 144,90 S.Ct, 1598 (1970). See SYMBIOTIC-RELATIONSHIP TEST; NEXUS TEST.

stated 1. Fixed; determined; settled <at the stated time> <settlement for a stated amount>. 2. Expressed; declared <stated facts>.

stated account See account stated under ACCOUNT.

stated capital See CAPITAL.

stated capital 1. See legal capital. 2. The total equity of a corporation as it appears on the balance sheet.

stated interest rate See nominal rate under INTEREST RATE.

stated meeting See regular meeting under MEETING.

stated rate See nominal rate under INTEREST RATE.

stated rate See nominal rate.

stated term See general term under TERM (5).

stated value See PAR VALUE.

stated-income loan See LOAN.

stateless person A natural person who is not considered a national by any country. The Convention Relating to Status of Stateless Persons (1954) provides these people with certain protections and obliges them to abide by the laws of the country where they reside.

statement 1. Evidence. A verbal assertion or nonverbal conduct intended as an assertion. 2. A formal and exact presentation of facts. Also termed (for plaintiff) statement of cause of action. 3. Criminal procedure. An account of a persons knowledge of a crime, taken by the police during their investigation of the offense. Cf. CONFESSION.

statement of confession See CONFESSION OF JUDGMENT.

Statement and Account Clause The clause of the U.S. Constitution requiring the regular publication of the receipts and expenditures of the federal government. US. Const. art. I, § 9, cl. 7.

statement of account 1. A report issued periodically (usu. monthly) by a bank to a customer, providing certain information on the customers account, including the checks drawn and cleared, deposits made, charges debited, and the account balance. Also termed bank statement. See ACCOUNT (4). 2. A report issued periodically (usu. monthly) by a creditor to a customer, providing certain information on the customers account, including the amounts billed, credits given, and the balance due. - Also termed account statement.

statement of affairs 1. STATEMENT OF FINANCIAL AFFAIRS. 2. A balance sheet showing immediate liquidation values (rather than historical costs), usu. prepared when insolvency or bankruptcy is imminent.

statement of cause of action See STATEMENT (2).

statement of claim 1. COMPLAINT (1). 2. English law. A plaintiffs initial pleading in a civil case; DECLARATION (7).

statement of condition See BALANCE SHEET.

statement of defense The assertions by a defendant; esp., in England, the defendants answer to the plaintiffs statement of claim.

statement of fact A form of conduct that asserts or implies the existence or nonexistence of a fact. The term includes not just a particular statement that a particular fact exists or has existed, but also an assertion that, although perhaps expressed as an opinion, implies the existence ofsome fact or facts that have led the assertor to hold the opinion in question. See affirmative testimony under TESTIMONY.

statement of facts A partys written presentation of the facts leading up to or surrounding a legal dispute, usu. recited toward the beginning of a brief. Cf. STATEMENT OF THE CASE. "The statement of facts is another of those critical parts of the brief .... Two principles are at war in drafting the statement of facts. First, judges want and some circuit rules require a nonargumentative, fair summary without argument or comment. Conversely, you want a statement of facts that persuades the judges to rule for you as soon as they finish reading it. Satisfying both ends requires some balancing." David G. Knibb, Federal Court of Appeals Manual§ 31.7, at 549 (4th ed. 2000).

statement of financial affairs Bankruptcy. A document that an individual or corporate debtor must file to answer questions about the debtors past and present financial status. - Also termed statement of affairs.

statement of financial condition See BALANCE SHEET.

statement of financial position See BALANCE SHEET.

statement of income See INCOME STATEMENT.

statement of intention A preliminary state. ment filed by an individual debtor in a chapter 7 case, in which the debtor details, among other things, whether property of the bankruptcy estate securing any debt will be retained or surrendered and whether the property is claimed as exempt. The statement must be filed on or before the date of the first creditors meeting or within 30 days after the bankruptcy petition is filed, whichever is earlier. 11 USCA § 521 (a)(2).

statement of particulars See BILL OF PARTICULARS.

statement of principle In legislative drafting, a sentence or paragraph that explains the legislatures purpose in passing a statute. Although a statement of principle often resembles a preamble (usu. both do not appear in a Single statute), it differs in that it typically appears in a numbered section of the statute.

statement of prior-art references See INFORMATIONDISCLOSURE STATEMENT.

statement of the case In an appellate brief, a short review of what has happened procedurally in the lawsuit and how it reached the present court. elhe statement introduces the reviewing court to the case by reciting the facts, procedures, decisions of the court or courts below as they are relevant to the appeal, and the reasons for those decisions. Also termed proceedings below. Cf. STATEMENT OF FACTS.

statement of use See amendment to allege use under TRADEMARK-APPLICATION AMENDMENT.

statement of utility The portion of a patentapplication disclosure statement that explains how the invention is useful.

statement of work A contractual provision or exhibit that defines what one party (e.g., the seller) is going to do for the other (e.g., the buyer). The statement of work often covers such terms as (1) inspection and acceptance, (2) quality-assurance requirements, (3) packing and marking, (4) data requirements, and (5) training. There are generally two types of specifications in a statement of work: a performance specification establishing the minimum requirements for items to be supplied, and a design specification establishing the methods to be used in meeting those minimum requirements. Also termed statement-oj-work clause. Abbr. SOW.

state-of-mind exception Evidence. The principle that an out-of-court declaration of an existing motive is admissible, even when the declarant cannot testify in person. This principle is an exception to the general rule that hearsay is inadmissible.

states attorney 1. See DISTRICT ATTORNEY. 2. See PROSECUTOR (1).

state's evidence Testimony provided by one criminal defendant - under a promise of immunity or reduced sentence against another criminal defendant. See TURN STATE'S EVIDENCE.

states rights Under the Tenth Amendment, rights neither conferred on the federal government nor forbidden to the states.

state-secrets privilege A privilege that the government may invoke against the discovery of a material that, if divulged, could compromise national security. Also termed national-security privilege.

state-secrets privilege See PRIVILEGE (3).