stricti juris(strik-ti joor-is). [Latin] 1. Of strict right of law; according to the exact law, without extension or enhancement in interpretation. This term was often applied to servitudes because they are a restriction on the free exercise of property rights. 2. Roman law. (Of a contract) required to be interpreted strictly on its terms, regardless of circumstances. See BONA FIDES (2). |
strictissimi juris(strik-tis-a-mi joor-is). [Latin] Of the strictest right or law; to be interpreted in the strictest manner. This term was usu. applied to certain statutes, esp. those imposing penalties or restraining natural liberties. |
strict-liability crimeSee CRIME. |
strict-liability crimeA crime that does not require a mens rea element, such as traffic offenses and illegal sales of intoxicating liquor. |
strict-liability offenseAn offense for which the action alone is enough to warrant a conviction, with no need to prove a mental state. For example, illegal parking is a strict-liability offense. |
strict-liability offenseSee OFFENSE (1). |
stricto jure(strik-toh joor-ee). [Latin] In strict law. |
strictum jus(strik-tam jas). See JUS STRICTUM. |
strike1. An organized cessation or slowdown of work by employees to compel the employer to meet the employees demands; a concerted refusal by employees to work for their employer, or to work at their customary rate ofspeed, until the employer grants the concessions that they seek. Also termed walkout. Cf. LOCKOUT; BOYCOTT; PICKETING. |
strike1. (Of an employee or union) to engage in a strike <the flight attendants struck to protest the reduction in benefits>. 2. To remove (a prospective juror) from a jury panel by a peremptory challenge or a challenge for cause <the prosecution struck the panelist who indicated an opposition to the death penalty>.See peremptory challenge under CHALLENGE (2). 3. To expunge, as from a record <motion to strike the prejudicial evidence>. 4. Parliamentary law. To amend by deleting one or more words. See amendment by striking out under AMENDMENT (3). - Also termed (in sense 4) strike out. |
strike downTo invalidate (a statute); to declare void. |
strike fundA union fund that provides benefits to its members who are on strike, esp. for subsistence while the members are not receiving wages. |
strike fundSee STRIKE FUND. |
strike off1. (Of a court) to order (a case) removed from the docket. 2. (Of an auctioneer or sheriff) to announce, usu. by the falling of the hammer, that an item of personal or real property has been sold. |
strike outSee STRIKE (4). |
strike priceThe price for which a security will be bought or sold under an option contract if the option is exercised. - Also termed striking price; exercise price; call price; put price. See OPTION. |
strike priceSee PRICE. |
strike suitA suit (esp. a derivative action), often based on no valid claim, brought either for nuisance value or as leverage to obtain a favorable or inflated settlement. |
strike suitSee SUIT. |
strike zoneThe period in jury selection in which veniremembers are subject to being struck by peremptory challenge before the jury is seated. If a court requires 12 jurors and allows each side 10 peremptory strikes, the strike zone would be the first 32 veniremembers. |
strikebreakerSee SCAB. |
striking a juryThe selecting of a jury out of all the candidates available to serve on the jury; esp., the selecting of a special jury. See struck jury, special jury under JURY. |
striking off the rollSee DISBARMENT. |
striking priceSee strike price under PRICE. |
string of titleSee CHAIN OF TITLE (1). |
strip1. The act of separating and selling a bonds coupons and corpus separately. 2. The act of a tenant who, holding less than the entire fee in land, spoils or unlawfully takes something from the land. |
STRIP(strip). abbr. SEPARATE TRADING OF REGISTERED INTEREST AND PRINCIPAL OF SECURITIES. |
strip searchSee SEARCH. |
strip searchA search of a person conducted after that persons clothes have been removed, the purpose usu. being to find any contraband the person might be hiding. |
stripped mortgage-backed securityA derivative security providing distributions to classes that receive different proportions of either the principal or interest payments from a pool of mortgage-backed securities. - Abbr. 5MBS. See mortgage-backed security. |
stripped mortgage-backed securitySee SECURITY. |
stripper wellSee WELL, |
strong markSee strong trademark under TRADEMARK. |
strong marketSee bull market under MARKET. |
strong trademarkSee TRADEMARK. |
strong-arm clauseSee CLAUSE. |
strong-arm clauseA provision of the Bankruptcy Code allowing a bankruptcy trustee to avoid a security interest that is not perfected when the bankruptcy case is filed. 11 USCA § 544(a)(1). |
strongly corroborated(Of testimony) supported from independent facts and circumstances that are powerful, satisfactory, and clear to the court and jury. |
struck jury1. A jury selected by allowing the parties to alternate in striking from a list any person whom a given party does not wish to have on the jury, until the number is reduced to the appropriate number (traditionally 12). See STRIKING A JURY. 2. See special jury (1). |
struck jurySee JURY. |
struck off1. Removed from an active docket, usu. because ofa want ofprosecution or jurisdiction. 2. BrE. Removed from the register of qualified persons and, in the case of a professional, forbidden to practice. |
structural alterationA Significant change to a building or other structure, essentially creating a different building or structure. 2. An act done to an instrument, after its execution, whereby its meaning or language is changed; esp., the changing of a term in a negotiable instrument without the consent of all parties to it. Material alterations void an instrument, but immaterial ones do not. An alteration is material if it (1) changes the burden of a party (as by changing the date, time, place, amount, or rate of interest), (2) changes the liabilities or duties of any party (as by adding or removing the name of a maker, drawer, indorser, payee, or cosurety), or (3) changes the operation of the instrument or its effect in evidence (as by adding words or negotiability, changing the form of an indorsement, or changing the liability from joint to several). "With respect to written instruments, 'alteration' generally means a change in an instrument's sense of language caused by a party to the instrument, and does not include such changes by non-parties or 'strangers' to the instrument. Although the distinction is not always observed, technically an alteration by a non-party or stranger to the instrument is a 'spoliation,' not an alteration, which does not invalidate it or change the rights or liabilities of the parties in interest, so long as the original writing remains legible." 4 Am. Jur. 2d Alteration of Instruments § 1 (1995). |
structural alterationSee ALTERATION (1). |
structural takeover defenseSee TAKEOVER DEFENSE. |
structural takeover defenseA legal mechanism adopted by a corporation to thwart any future takeover bid without having any financial or operational effect on the target corporation. |
structural unemploymentSee UNEMPLOYMENT. |
structure1. Any construction, production, or piece of work artificially built up or composed of parts purposefully joined together <a building is a structure>. 2. The organization of elements or parts <the corporate structure>. 3. A method of constructing parts <the loans payment structure was a financial burden>. |
structured security(usu. pl.) 1. A security whose cashflow characteristics depend on one or more indexes, or that has an embedded forward or option. 2. A securitv for which an investors investment return and the iss~ers payment obligations are contingent on, or highly sensitive to, changes in the value of the underlying assets, indexes, interest rates, or cash flows. SEC Rule 434(h) (17 CFR § 230.434(h)). |
structured securitySee SECURITY. |
structured settlementSee SETTLEMENT (2). |
structured settlementA settlement in which the defendant agrees to pay periodic sums to the plaintiff for a specified time. "Especially in personal injury and product liability cases, structl.lred settlements, i.e., those which provide for an initial cash payment followed by deferred payments in future years, normally on some annuity baSis are becoming more frequent .... Such a structured settlement may have advantages over a lump•sum cash payment. Deferred payments or arranged settlements may serve particular purposes that a cash settlement could not reach, and there will be instances when a structured settlement will be in lieu of an all-cash settlement that would not be acceptable to one party or the other." Alba Conte, Attorney Fee Awards § 2.31, at 101 (1993). 3. Payment, satisfaction, or final adjustment <the seller shipped the goods after confirming the buyers settlement of the account>. |
student-benefit theoryA principle that allows state funds to be provided to private-school pupils if the allotment can be justified as benefiting the child. The Supreme Court upheld a Louisiana law that allowed the purchase of textbooks for all children throughout the state even those in private schools under this theory. Cochran v, Louisiana State Bd. of Educ., 281 U.S. 370,50 S.Ct. 335 (1930). Also termed child-benefit theory. |
study furloughSee study release under RELEASE. |
study releaseA program that allows a prisoner to be released for a few hours at a time to attend classes at a nearby college or technical institution. Also termed study furlough. |
study releaseSee RELEASE. |
stuff gown1. The professional robe worn by barristers of the outer bar who have not been appointed Queens Counsel. 2. A junior barrister. Cf. SILK GOWN. |
stultify1. To make (something or someone) appear stupid or foolish <he stultified opposing counsels argument>. 2. To testify about ones own lack of mental capacity. 3. To contradict oneself, as by denying what one has already alleged. |
stultiloquium(stal-ti-loh-kwee-am). [fr. Latin stultus "foolish" + loqui "to speak"]. A frivolous pleading punishable by fine. This may have been the origin of the beaupleader. See BEAUPLEADER. |
stumpage(stamp-ij). 1. The timber standing on land. 2. The value of the standing timber. 3. A license to cut the timber. 4. The fee paid for the right to cut the timber. |
stuprum(st[y]oo-pram), n. [Latin] Roman & civil law. Disgrace by unchastity; a mans illegal sexual intercourse with a woman, usu. a virgin or widow, or with a male (pederasty). PI. stupra. The law refers to stuprum and adultery indiscriminately and with rather a misuse of terms. But properly speaking adultery is committed with a married woman, the name being derived from children conceived by another (alter); stuprum, however, is committed against a virgin or a widow; the Greeks call it corruption." Digest ofJustinian 48.5.6.1 (Papinian, De Adulteriis 1). |
STVSee single transferable vote under VOTE (1). |
style1. A case name or designation <the style of the opinion is Connor v. Gray>.Also termed title. Cf. CAPTION (1). 2. Scots law. A form of writ or deed used in conveyancing. A book of styles is essentially a formbook; a typical Scottish example is John HendryS Styles ofDeeds and Instruments (2d ed. 1862). |
stylized drawingSee special-form drawing under DRAWING. |
sua potestas(s[y]oo-a pa-tes-tas or -tas). [Latin]. The natural power that one has over oneself. |
sua sponte(s[y]oo-a spon-tee). [Latin "of ones own accord; voluntarily"] Without prompting or suggestion; on its own motion <the court took notice sua sponte that it lacked jurisdiction over the case>. |
suable1. Capable of being sued <a suable party>. 2. Capable of being enforced <a suable contract>. suability, n. |
suapte natura(s[y]oo-ap-tee na-t[y]oor-a). [Latin] In its own nature as in suapte natura sterilia ("barren of its own nature"). |
sub(sab). [Latin] Under; upon. |
subSee subsidiary corporation under CORPORATION. |
sub ballivus(sab ba-li-vas), n. [Law Latin]. An undersheriff; a sheriffs deputy. See BAILIWICK. |
sub colore juris(sab ka-Ior-ee joor-is). [Latin] Under color of right; under an appearance of right. |
sub colore officii(sab ka-lor-ee il-fish-ee-i). [Law Latin). Under color of office. |
sub conditione(sab kan-dish-ee-oh-nee). [Law Latin] Under condition. This term creates a condition in a deed. |
sub cura mariti(sab kyoor-a ma-ri-ti). [Law Latin]. Under the care of ones husband. |
sub cura uxoris(sab kyoor-a ak-sor-is). [Law Latin]. Under the care of ones wife. |
sub curia(sab kyoor-ee-a). [Latin] Under law. |
sub disjunctione(sab dis-jangk-shee-oh-nee). [Latin] In the alternative. |
sub domino(sab dom-a-noh). [Law Latin]. Under a lord. |
sub judice(sab joo-di-see also suub yoo-di-kay), adv. [Latin "under a judge"] (17c) Before the court or judge for determination; at bar <in the case sub judice, there have been no out-of-court settlements>. Legal writers sometimes use "case sub judice" where "the present case" would be more comprehensible. . |
sub modo(sab moh-doh). [Latin] Subject to a modification or ualification <the riparian landowner enjoys the property sub modo, i.e., subject to the right of the public to reserve enough space for levees, public roads, and the like>. |
sub nomine(sab nom-a-nee). [Latin]. Under the name of. This phrase, typically in abbreviated form, is often used in a case citation to indicate that there has been a name change from one stage of the case to another, as in Guernsey Memorial Hosp. v. Secretary of Health and Human Servs., 996 F.2d 830 (6th Cir. 1993), rev d sub nom. Shalala v. Guernsey Memorial Hosp., 514 U.S. 87, US S.Ct. 1232 (1995). - Abbr. sub nom. |
sub pede sigilli(sab pee-dee si-jil-i). [Latin] Under the foot of the seal. |
sub potestate(sab poh-tes-tay-tee). [Latin] Under the power of another, as with a child or other person not sui juris. Cf. SUI JURIS. |
sub potestate parentis(sab poh-tes-tay-tee pa-ren-tis). [Latin]. Under the authority of a parent. |
sub potestate viri(Of a wife) under the protection of a husband. |
sub rosa(sab roh-za), adj. [Latin "under the rose"]. Confidential; secret; not for publication. |
sub salvo et securo conductu(sab sal-voh et si-kyoor-oh kan-dak-t[y]oo). [Law Latin]. Under safe and secure conduct. This phrase was used in writs of habeas corpus. |
sub sigillo(sab si-jil-oh). [Latin "under the seal (of confession]. ln the strictest confidence. |
sub silentio(sab si-len-shee-oh). [Latin]. Under silence; without notice being taken; without being expressly mentioned (such as precedent sub silentio). |
sub spe reconciliationis(sab spee rek-an-siI-ee-ay¬shee-oh-nis). [Latin] . Under the hope of reconcilement. |
sub suo periculo(sab s[y]oo-oh pa-rik-[y]a-loh). [Law Latin]. At his own risk. |
subagentA person to whom an agent has delegated the performance of an act for the principal; a person designated by an agent to perform some duty relating to the agency .o If the principal consents to a primary agent's employment of a subagent, the subagent owes fiduciary duties to the principal, and the principal is liable for the subagent's acts. Cf. primary agent. Also termed subservant. "By delegation ... the agent is permitted to use agents of his own in performing the function he is employed to perform for his principal, delegating to them the discretion which normally he would be expected to exercise personally. These agents are known as subagents to indicate that they are the agent's agents and not the agents of the principal. Normally (though of course not necessarily) they are paid by the agent. The agent is liable to the principal for any injury done him by the misbehavior of the agent's sub agents." Floyd R. Mechem, Outlines of the Law of Agency § 79, at 51 (Philip Mechem ed., 4th ed. 1952). |
subagentSee AGENT (2). |
subaltern(sab-awl-tarn), An inferior or subordinate officer. |
subassigneeSee ASSIGNEE. |
subassigneeA person to whom a right is assigned by one who is a previous assignee of the right. |
subcbapter-C corporationSee C corporation under CORPORATION. |
subchapter-c corporation.See C corporation. |
subchapter-s corporationSee S corporation. |
subchapter-S corporationSee S corporation under CORPORATION. |