Law Dictionary
	Search:

subcombination claim A patent claim, usu. on a device, describing a subsystem of a larger combination. A subcombination may be patented separately if it has its own utility.

subcombination claim See PATENT CLAIM.

subcommittee A group within a committee to which the committee may refer business, standing in the same relation to its parent committee as the committee stands to the deliberative assembly. See parent committee.

subcommittee See COMMITTEE.

subcontract See CONTRACT.

subcontractor One who is awarded a portion of an existing contract by a contractor, esp. a general contractor. For example, a contractor who builds houses typically retains subcontractors to perform specialty work such as installing plumbing. laying carpet, making cabinetry, and landscaping each subcontractor is paid a somewhat lesser sum than the contractor receives for the work.

subcontractor See SUBCONTRACTOR.

subditus (sab-da-tas). [Latin]. Someone under anothers power; a vassal.

subdivision 1. The division of a thing into smaller parts. 2. A parcel ofland in a larger development. subdivide, vb.

subdivision exaction A charge that a community imposes on a subdivider as a condition for permitting recordation of the subdivision map and sale of the subdivided parcels.

subdivision map A map that shows how a parcel of land is to be divided into smaller lots, and generally showing the layout and utilities.

subfeudum (sab-fyoo-dam). [Law Latin]. A subfee.

subinfeudate (sab-in-fyoo-dayt), vb. Hist. (Of a subvassal) to grant land to another, who then holds the land as the grantors vassal rather than as the vassal of the grantors superior. Also termed subinfeud (sab-infyood). "[A] more common method of obtaining the annual quota of knights was to subinfeudate portions of the baronial lands to individual knights in exchange for their obligations to spend a fixed portion of time annually in the kings or barons service. A knight who so received a portion of a barons land would hold of his baron in much the same way as the baron held ofthe king." Thomas F. Bergin & Paul I G. Haskell, Preface to Estates in Land and Future Interests 4 (2d ed. 1984).

subinfeudation (sab-in-fyoo-day-shan). The system under which the tenants in a feudal system granted smaller estates to their tenants, who in turn did the same from their pieces of land. As this system proceeded down the social scale, the lords were deprived of their feudal profits, as a result of which the system was suppressed by the statute Quia Emptores in 1290. Instead of subinfeudation, alienation in the modern sense was introduced. Cf. INFEUDATION; SUPERINFEUDATION. "The first step taken in mitigation of the rigors of the law of feuds, and in favor of voluntary alienations, was the countenance given to the practice of subinfeudations. They were calculated to elude the restraint upon alienation, and consisted in carving out portions of the fief to be held of the vassal by the same tenure with which he held of the chief lord of the fee. The alienation prohibited by the feudal law, all over Europe, was the substitution of a new feudatory in the place of the old one; but subinfeudation was a feoffment by the tenant to hold of himself. The purchaser became his vassal, and the vendor still continued liable to the chief lord for all the feudal obligations. Subinfeudations were encouraged by the subordinate feudatories, because they contributed to their own power and independence; but they were found to be injurious to the fruits of tenure, such as reliefs, marriages and wardships, belonging to the paramount lords." 4 James Kent, Commentaries on American Law *443-44 (George Comstock ed., 11th ed. 1866).

subinfeudatory (sab-in-fyoo-da-tor-ee), n, A tenant holding lands by subinfeudation.

subjacent (sab-jay-sant), adj. Located underneath or below <the lands subjacent support>.

subjacent support See SUPPORT (4).

subjacent support Support by the earth that lies under-neath the land under consideration.

subject Referred to above; having relevance to the current discussion <the subject property was then sold to Smith>.

subject adj. Referred to above; haVing relevance to the current discussion <the subject property was then sold to Smith>.

subject 1. One who owes allegiance to a sovereign and is governed by that sovereigns laws <the monarchyS subjects>. "Speaking generally, we may say that the terms subject and citizen are synonymous. Subjects and citizens are alike those whose relation to the state is personal and not merely territorial, permanent and not merely temporary. This equivalent, however, is not absolute. For in the first place, the term subject is commonly limited to monarchical forms of government, while the term citizen is more specially applicable in the case of republics. A British subject becomes by naturalisation a citizen of the United States of America or of France. In the second place, the term citizen brings into prominence the rights and privileges of the status, rather than its correlative obligations, while the reverse is the case with the term subject. Finally it is to be noticed that the term subject is capable of a different and wider application, in which it includes all members of the body politic, whether they are citizens (i.e., subjects stricto sensu) or resident aliens. All such persons are subjects, all being subject to the power of the state and to its jurisdiction, and as owing to it, at least temporarily, fidelity and obedience." John Salmond, Jurisprudence 133 (Glanville L. Williams ed .• 10th ed. 1947).

subject matter 1. The issue presented for consideration; the thing in which a right or duty has been asserted; the thing in dispute. 2. PATENTABLE SUBJECT MATTER. Sometimes written (as a noun) subject-matter. See SUBJECT (2); CORPUS (1). - subject-matter, adj.

subject of a right 1. The owner of a right; the person in whom a legal right is vested. 2. OBJECT OF A RIGHT.

subject of an action The right or property at issue in a lawsuit; the basis of a legal claim. Cf. object ofan action under OBJECT (2).

subject to liability adj. (Of a person) susceptible to a lawsuit that would result in an adverse judgment; specif., having engaged in conduct that would make the actor liable for anothers injury because the actors conduct is the legal cause of the injury, the injured party having no disability for bringing the lawsuit.

subject to open Denoting the future interest of a class of people when this class is subject to a possible increase or decrease in number.

subjection 1. The act of subjecting someone to something <their subjection to torture was unconscionable>. 2. The condition of a subject in a monarchy; the obligations surrounding such a person <a subject, wherever reSiding, owes fidelity and obedience to the Crown, while an alien may be released at will from all such ties of subjection>. 3. The condition of being subject, exposed, or liable; liability <the defendants subjection to the plaintiffs became clear shortly after the trial began>. - Also termed (in sense 3) liability; susceptibility.

subjective 1. Based on an individuals perceptions, feelings, or intentions, as opposed to externally verifiable phenomena <the subjective theory of contract - that the parties must have an actual meeting of the minds is not favored by most courts>. 2. Personal; individual <subjective judgments about popular music>. Cf. OBJECTIVE.

subjective ethics See MORAL RELATIVISM.

subjective impossibility Impossibility due wholly to the inability of the individual promisor and not to the nature of the performance.

subjective impossibility See IMPOSSIBILITY.

subjective meaning See MEANING.

subjective method See SHERMAN-SORRELLS DOCTRINE.

subjective novation See NOVATION.

subjective standard See STANDARD.

subjective standard A legal standard that is peculiar to a particular person and based on the persons individual views and experiences. In criminal law, for example, a subjective standard applies to determine premeditation because it depends on the defendants mental state.

subjective theory of contract The doctrine (now largely outmoded) that a contract is an agreement in which the parties have a subjective meeting of the minds. Often shortened to subjective theory. See MEETING OF THE MINDS. Cf. OBJECTIVE THEORY OF CONTRACT.

subject-matter jurisdiction Jurisdiction over the nature of the case and the type of relief sought; the extent to which a court can rule on the conduct of persons or the status of things. Also termed jurisdiction of the subject matter; jurisdiction of the cause; jurisdiction over the action;jurisdiction ratione materiae. Cf. personal jurisdiction.

subject-matter jurisdiction See JURISDICTION.

subject-matter test A method of determining whether an employees communication with a corporations lawyer was made at the direction of the employees supervisors and in the course and scope of the employees employment, so as to be protected under the attorney-client privilege, despite the fact that the employee is not a member of the corporations control group. Harper & Row Pubs., Inc. v. Decker, 423 F.2d 487 (7th Cir. 1970), afT d per curiam by equally divided Court, 400 U.S. 348, 91 S.Ct. 479 (1971). - Also termed Decker test. Cf. CONTROL-GROUP TEST.

subject-matter waiver See WAIVER (1).

subject-mauer-neutral See NEUTRAL.

subjugation See DEBELLATIO

sublease A lease by a lessee to a third party, conveying some or all of the leased property for a term shorter than or equal to that of the lessee, who retains a reversion in the lease. Also termed subtenancy; derivative lease;and (esp. in England) underlease. - sublease, sublet, vb.

sublessee A third party who receives by lease some or all of the leased property from a lessee. Also termed subtenant and (esp. in England) undertenant.

sublessor A lessee who leases some or all of the leased property to a third party. Also termed (esp. in England) underlessor.

sublicense A license or contract granting to a third party a portion or all of the rights granted to the licensee under an original license.

submarine patent See PATENT (3).

submarine patent. Slang A patent that is delayed in prosecution by the applicant in order to let an infringing user continue to develop its business, with the intention of taking in later-invented technology once the patent finally "surfaces" from the U.s. Patent and Trademark Office. Typically, the patent applicant is aware of the developments and consciously delays the PTa s issuance of a patent, so that the invention unwitting users will be forced to pay license fees. As of29 November 2000, most patent applications must be published within 18 months of filing, so submarine patents are relatively rare now. See CONTINUATIONAPPI.ICATION LACHES DOCTRINE.

submission 1. A yielding, or readiness to yield, to the authority or will of another <his resistance ended in an about-face: complete submission>. 2. A contract in which the parties agree to refer their dispute to a third party for resolution <in their submission to arbitration, they referred to the rules of the American Arbitration Association>. 3. An advocates argument <neither the written nor the oral submissions were particularly helpful>. - submit, vb.

submission bond See BOND (2).

submission bond A bond given by a litigant who agrees to submit a lawsuit to arbitration and to be bound by an arbitrator's award.

submission date See DATE.

submission date 1. The date that a case is to be submitted to a court for determination. 2. The date on which an investor must pay the broker for securities purchased. 3. The date on which a seller must deliver negotiable certificates for securities sold.

submission of controversy 1. The completion of the series of acts by which the parties to a particular dispute place any matter of real controversy existing between them before a court with jurisdiction for a final determination. 2. A statutory action in which the parties submit their dispute to a court that has jurisdiction, agree on and sign a statement of facts, swear that the controversy is real, and swear that the suit is brought in good faith.

submission to a finding The admission to facts sufficient to warrant a finding of guilt. Also termed admission to sufficient facts.

submission to the jury The process by which a judge gives a case to the jury for its consideration and verdict, usu. after all evidence has been presented, arguments have been completed, and jury instructions have been given.

submit To end the presentation of further evidence in (a case) and tender a legal position for decision <case submitted, Your Honor>.

submortgage See MORTGAGE.

subnotation RESCRIPT (3).

subordinate (sa-bor-da-nit), adj. 1. Placed in or belonging to a lower rank, class, or position <a subordinate lien>. 2. Subject to anothers authority or control <a subordinate lawyer>.

subordinate (sa-bor-da-nayt), vb. To place in a lower rank, class, or position; to assign a lower priority to <subordinate the debt to a different class of claims>. subordinated bond. See junior bond under BOND (3).

subordinate debenture See DEBENTURE.

subordinate debenture A debenture that is subject to the prior payment of ordinary debentures and other indebtedness. 4. English law. A company's security for a monetary loan. The security usu. creates a charge on company stock or property. 5. A customhouse certificate providing for a refund of the duties on imported goods when the importer reexports the goods rather than selling them in the country where they were imported.

subordinate debt A debt that is junior or inferior to other types or classes of debt. Subordinate debt may be unsecured or have a low-priority claim against property secured by other debt instruments. Also termed junior debt.

subordinate debt See DEBT.

subordinate legislation See LEGISLATION.

subordinate officer 1. An officer ranking below and performing under the direction of another officer. 2. An independent officer subject only to statutory direction.

subordinate officer See OFFICER (1).

subordinate political power Power that, within its own sphere of operation, is subject in some degree to external control because there exists some superior constitutional power that can prevent, restrict, direct, or annul its operation. - Often shortened to subordinate power.

subordinate political power See POLITICAL POWER.

subordinated bond See junior bond.

subordination 1. The act or an instance of moving something (such as a right or claim) to a lower rank, class, or position <subordination of a first lien to a second lien>. 2. Parliamentary law. The status and relation of a lowerranking governing document to a higher-ranking one. A higher-ranking document supersedes and controls a subordinate document if there is any inconsistency between them. See governing document under DOCUMENT. - subordinate, adj.

subordination agreement An agreement by which one who holds an otherwise senior interest agrees to subordinate that interest to a normally lesser interest, usu. when a seller agrees to subordinate a purchase-money mortgage so that the buyer can obtain a first-mortgage loan to improve the property.

subordination agreement See AGREEMENT.

subordination clause 1. In a legal instrument, a clause that explicitly acknowledges the one partys claim of interest is inferior to that of another party. 2. A covenant in a junior mortgage enabling the first lien to keep its priority in case of renewal or refinancing. rCases: Mortgages 3. In a legal instrument, a clause that explicitly subjects its provisions to those in a higher-ranking document.

suborn (sa-born), vb. [Latin subonare, from sub "secretly + ornare "to furnish; equip"]. 1. To induce (a person) to commit an unlawful or wrongful act, esp. in a secret or underhanded manner. 2. To induce (a person) to commit perjury. 3. To obtain (perjured testimony) from another. - subornation (sab-or-nay-shan), n. - suborner (sa-bor-nar), n.

subornation of perjury The crime of persuading another to commit perjury. Sometimes shortened to subornation.

subparagraph form A style of legal drafting that uses indented subparagraphs for enumerated items; esp., a style of drafting patent claims in this form so as to distinguish clearly between each of the claimed elements. - Also termed tabular form. Cf. COLONSEMICOLON FORM; OUTLINE FORM; SINGI.E-PARAGRAPH FORM.

subpartnership See PARTNERSHIP.

Subpena See SUBPOENA.

subpermittee See PERMITTEE.

subpermittee A person who receives permission to act from a permittee.

subpoena (sa-pee-na), n. [Latin "under penalty"]. A writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply. Also spelled subpena. Pl. dubpoenas.

subpoena 1. To serve with a subpoena to appear before a court or other tribunal <subpoena the material witnesses>. 2. To order the production of (documents or other things) by subpoena duces tecum <subpoena the corporate records>. Also spelled subpena.

subpoena ad testificandum (sa-pee-na ad tes-ta-fi¬kan-dam). [Law Latin]. A subpoena ordering a witness to appear and give testimony.

subpoena duces tecum (sa-pee-na d[y]oo-seez tee-kam also doo-sa tay-kam). [Law Latin]. A subpoena ordering the witness to appear in court and to bring specified documents, records, or things. Also termed deposition subpoena duces tecum.

subpoenal (sa-pee-nal), adj.Required or done under penalty, esp. in compliance with a subpoena.

subprime loan See LOAN.

subreptio (sab-rep-shee-oh), n. [Latin "surreptitious removal"] Roman law. 1. Theft. 2. The obtaining of a grant from the emperor under false pretenses. - Also termed (in French law) subreption. PI. subreptiones (sab-rep-shee-oh-neez).

subreptione vel obreptione (sab-rep-shee-oh-nee vel ob-rep-shee-oh-nee), adv. [btin) Hist. By deceit or surprise; by concealing the truth or affirming a falsehood.

subrogate (sab-ra-gayt), vb. To substitute (a person) for another regarding a legal right or claim.

subrogation (sab-ra-gay-shan). 1. The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor. For example, a surety who has paid a debt is, by subrogation, entitled to any security for the debt held by the creditor and the benefit of any judgment the creditor has against the debtor, and may proceed against the debtor as the creditor would. Subrogation most commonly arises in relation to insurance policies. 2. The equitable remedy by which such a substitution takes place. 3. The principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the nsured against a third party with respect to any loss covered by the policy.See EQUITY OFSUBROGATION; ANTISUBROGATION RULE. Subrogation is equitable assignment. The right comes into existence when the surety becomes obligated, and this is important as affecting priorities; but such right of subrogation does not become a cause of action until the debt is fully paid. Subrogation entitles the surety to use any remedy against the principal which the creditor could have used, and in general to enjoy the benefit of any advantage that the creditor had, such as a mortgage, lien, power to confess judgment, to follow trust funds, to proceed against a third person who has promised either the principal or the creditor to pay the debt: Laurence P. Si mpson, Handbook on the Law of Suretyship 205 (1950). "Subrogation simply means substitution of one person for another; that is, one person is allowed to stand in the shoes of another and assert that persons rights against the defendant. Factually, the case arises because, for some justifiable reason, the subrogation plaintiff has paid a debt owed by the defendant." Dan B. Dobbs, Law of Remedies § 4.3, at 404 (2d ed. 1993).

subrogation clause 1. Insurance. A provision in a property- or liability-insurance policy whereby the insurer acquires certain rights upon paying a claim for a loss under the policy. These rights include (1) taking legal action on behalf of the insured to recover the amount of the loss from the party who caused the loss, and (2) receiving a full or proportionate amount of the benefits (such as disability compensation) paid to the insured under a statutory plan. 2. Oil & gas. A provision in an oil-and-gas lease permitting the lessee to pay taxes, mortgages, or other encumbrances on the leased property and to recover those payments out of future proceeds under the lease.

subrogative (sab-ra-gay-tiv), ad). Of or relating to subrogation <subrogative rights>. - Also termed subrogatory; subrogational.

subrogee (sab-ra-gee). One who is substituted for another in having a right, duty, or claim; esp., the person or entity that assumes the right to attempt to collect on anothers claim against a third party by paying the others claim-related debts or expenses. An insurance company frequently becomes a subrogee after paying a policy claim, as a result of which it is then in a position to sue a tortfeasor who injured the insured or otherwise caused harm.

subrogor (sab-ra-gor). One who allows another to be substituted for oneself as creditor, with a transfer of rights and duties; esp., one who transfers a legal right to collect a claim to another in return for payment of the transferors claim-related debts or expenses.

subscribed capital See CAPITAL.

subscribed capital The total value of stock for which there are subscriptions (contracts of purchase).

subscribed stock See STOCK.