Law Dictionary
	Search:

subscribed stock See STOCK.

subscribing witness See WITNESS.

subscriptio (sab-skrip-shee-oh), n. [Latin] Roman law. 1. A Signature, esp. a name written under or at the bottom of a document to authenticate it; an imperial rescript. 2. A signature to a will, required in certain cases in addition to the seals of witnesses. PI. subscriptiones (sab- skrip- shee-oh -neez).

subscription 1. The act of signing ones name on a document; the signature so affixed. 2. Securities. A written contract to purchase newly issued shares of stock or bonds. Also termed (in connection with stock) stock subscription. 3. An oral or a written agreement to contribute a sum of money or property, gratuitously or with consideratiol1, to a specific person or for a specific purpose. Also termed subscription contract. 4. RESCRIPT (3). - subscribe, vb. subscriber, n.

subscription contract See SUBSCRIPTION (3).

subscription contract See SUBSCRIPTION (3).

subscription list An enumeration of subscribers to an agreement, periodical, or service.

subscription price See SUBSCRIPTION PRICE.

subscription price The fixed price at which investors can buy shares in a new stock offering before the shares are offered to the public.

subscription privilege See PREEMPTIVE RIGHT.

subscription right A certificate evidencing a shareholders right (known as a preemptive right) to purchase newly issued stock before the stock is offered to the public. Subscription rights have a market value and are actively traded because they allow the holder to purchase stock at favorable prices. Also termed stock right. See PREEMPTIVE RIGHT.

subscription warrant See WARRANT (4).

subscriptor (sab-skrip-tor or -tar), n. [Latin] Roman law. 1. A person who made or signed a written accusation of crime against a particular person. 2. The witness to a will. Pi. subscriptores.

subsellia (sab-sel-ee-a,), n. [Latin fro sub "under" + sella "seat"] Roman law. Lower seats in a court, usu. occupied by the parties or their witnesses, as distinguished from the seat of the tribunal.

subsequent adj. (Of an action, event, etc.) occurring later; coming after something else.

subsequent creditor A creditor whose claim comes into existence after a given fact or transaction, such as the recording of a deed or the execution of a voluntary conveyance.

subsequent creditor See CREDITOR.

subsequent negligence See NEGLIGENCE.

subsequent remedial measure (usu. pl.) Evidence. An action taken after an event, which, if taken before the event, would have reduced the likelihood of the events occurrence. Evidence of subsequent remedial measures, such as repairs made after an accident or the installation of safety equipment, is not admissible to prove negligence, but it may be admitted to prove ownership, control, feasibility, or the like. Fed. R. Evid. 407.

subsequent-advance rule The principle that a preferential transfer by the debtor will not be avoided or rescinded by the debtors bankruptcy trustee if (1) the creditor extended new value to the debtor after receiving the preferential transfer, (2) the new value is unsecured, and (3) the new value remains unpaid after its transfer. II USCA § 547(c)(4).

subsequente copula (sab-si-kwen-tee kop-p-la). [Law Latin]. Carnal intercourse having followed.

subsequent-negligence doctrine See LAST-CLEARCHANCE DOCTRINE.

subservant See subagent under AGENT (2).

subsidence (sab-sra-an[t]s), n. Any downward movement of the soil from its natural position; esp., a sinking of soil.

subsidiarie (sab-sid-ee-air-ee-ee). [Law Latin] Scots law. Subsidiarily.

subsidiary (sab-sid-ee-er-ee), adj. Subordinate; under anothers controL See subsidiary corporation under CORPORATION.

subsidiary See subsidiary corporation under CORPORATION.

subsidiary merger See triangular merger under MERGER.

subsidiary corporation A corporation in which a parent corporation has a controlling share. - Often shortened to subsidiary; sub.

subsidiary corporation See CORPORATION.

subsidiary motion See MOTION (2).

subsidy (sab-sa-dee). 1. A grant, usu. made by the government, to any enterprise whose promotion is considered to be in the public interest. Although governments sometimes make direct payments (such as cash grants), subsidies are usu. indirect. They may take the form of research-and-development support, tax breaks, provision of raw materials at below-market prices, or low-interest loans or low-interest export credits guaranteed by a government agency. Also termed grant. 2. A specific financial contribution by a foreign government or public entity conferring a benefit on exporters to the United States. Such a subsidy is countervailable under 19 USCA §§ 1671, 1677.

subsistence Support; means of support. See NECESSARIES.

substance 1. The essence of something; the essential quality of something, as opposed to its mere form <matter of substance>. 2. Any matter, esp. an addictive drug <illegal substance> <abuse of a substance>.

substance-abuse evaluation and treatment A drug offenders court-ordered participation in a drug rehabilitation program. This type of treatment is esp. common in DUI cases. Abbr. SAET.

substantial change in circumstances See CHANGE IN CIRCUMST ANCES.

substantial damages See DAMAGES.

substantial damages A considerable sum awarded to compensate for a significant loss or injury. Cf. nominal damages. "Substantial damages ... are the result of an effort at measured compensation, and are to be contrasted with nominal damages which are in no sense compensatory, but merely symbolic." Charles T. McCormick, Handbook on the Law of Damages § 20, at 85 (1935).

substantial equivalent A device or process that falls outside a patent claims literal scope but performs the same function in substantially the same way. Also termed substantial eqUivalent ofa patented device. See tripartite test.

substantial error An error that affects a party's substantive rights or the outcome of the case. A substantial error may require reversal on appeal. Cf. harmless error.

substantial error See ERROR (2).

substantial evidence See EVIDENCE.

substantial evidence 1. Evidence that a reasonable mind could accept as adequate to support a conclusion; evidence beyond a scintilla. See SUBSTANTIAL-EVIDENCE RULE. 2. The product of adequately controlled investigations, including clinical studies, carried out by qualified experts that establish the effectiveness of a drug under FSA regulations. 21 USCA § 355(e).

substantial justice See JUSTICE (1).

substantial justice Justice fairly administered according to rules of substantive law, regardless of any procedural errors not affecting the litigant"s substantive rights; a fair trial on the merits. 2. A judge, esp. of an appellate court or a court of last resort. Abbr. J. (and, in plural, JJ.

substantial new question of patentability A significant, freshly arisen issue relating to the validity of a patent, triggering the statutory threshold required for the Director of the u.s. Patent and Trademark Office to order that a patents validity be reexamined. An examination cannot be reopened solely on issues of prior art and issues that came up during the original examination. The Directors determination is final and not appealable. 35 USCA §§ 303-04.

substantial non infringing use See COMMERCIALLY SIGNIFICANT NON INFRINGING USE.

substantial performance Performance of the primary, necessary terms of an agreement. See SUBSTANTIAL-PERFORMANCE DOCTRINE.

substantial possession See pedis possessio under pos-SESSIO.

substantial possession See pedis possessio under pos-SESSIO.

substantial right See RIGHT.

substantial right An essential right that potentially affects the outcome of a lawsuit and is capable oflegal enforcement and protection, as distinguished from a mere technical or procedural right.

substantial similarity A strong resemblance between a copyrighted work and an alleged infringement, thereby creating an inference of unauthorized copying. The standard for substantial similarity is whether an ordinary person would conclude that the alleged infringement has appropriated nontrivial amounts of the copyrighted works expressions. Also termed probative similarity. See derivative work under WORK (2).

substantial similarity See SIMILARITY.

substantial-capacity test The Model Penal Codes test for the insanity defense, stating that a person is not criminally responsible for an act if, as a result ofa mental disease or defect, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the law. This test combines elements of both the McNaghten rules and the irresistible-impulse test by allowing consideration of both volitional and cognitive weaknesses. This test was formerly used by the federal courts and many states, but since 1984 many jurisdictions (including the federal courts) in response to the acquittal by reason of insanity of would-be preSidential assassin John Hinckley - have narrowed the insanity defense and adopted a new test resembling the McNaghten rules, although portions of the substantial-capacity test continue to be used. Model Penal Code § 4.01. - Also termed Model Penal Code test; MPC test; American Law Institute test; ALI test. See INSANITY DEFENSE.

substantial-cause test The principle that causation exists when the defendants conduct is an important or significant contributor to the plaintiffs injuries. Also termed substantial-factor test. Cf. BUT-FOR TEST.

substantial-certainty test The test for deciding whether a second work was copied from the first. The question is whether a reasonable observer would conclude with substantial certainty that the second work is a copy.

substantial-compliance rule See SUBSTANTIAL-PERFORMANCE DOCTRINE.

substantial-continuity doctrine A principle for holding a successor corporation liable for the acts of its predecessor corporation, ifthe successor maintains the same business as the predecessor, with the same employees, doing the same jobs, for the same supervisors, under the same working conditions, and using the same production processes to produce the same products for the same customers. Also termed continuity-of-enterprise doctrine. Cf. MERE-CONTINUATION DOCTRINE.

substantial-evidence jurisdiction See significant-connection jurisdiction under JURISDICTION.

substantial-evidence rule The principle that a reviewing court should uphold an administrative bodys ruling if it is supported by evidence on which the administrative body could reasonably base its decision.

substantial-factor test See SUBSTANTIAL-CAUSE TEST.

substantially justified (Of conduct, a position, etc.) having a reasonable basis in law and in fact. Under the Equal Access to Justice Act, a prevailing party in a lawsuit against the government will be unable to recover its attorneys fees if the governments position is substantially justified.

substantial-performance doctrine The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. Under the Uniform Probate Code, a will that is otherwise void because some formality has not been followed may still be valid under the substantial-performance doctrine. But this rule is not widely followed. - Also termed substantial-compliance rule. Cf. PERFECT-TENDER RULE. There has arisen in the United States an indefinite doctrine sometimes referred to as that of substantial performance. It is a doctrine that deals not with performance of a duty as a discharge thereof but with performance by the plaintiff as a condition precedent to the active duty of performance by the defendant. Where a defendant is sued for non-performance he cannot avoid paying damages by showing that he substantially performed or came near performing or gave something equally good; but he can always successfully defend if in fact some condition precedent to his own duty has not been fulfilled by the plaintiff." William R. Anson, Principles of the Law of Contract 422 (Arthur L. Corbin ed., 3d Am. ed. 1919).

substantial-step test The Model Penal Codes test for determining whether a person is guilty of attempt, based on the extent of the defendants preparation for the crime, the criminal intent shown, and any statements personally made that bear on the defendants actions. Model Penal Code § 5.01(l)(c). See ATTEMPT.

substantiate To establish the existence or truth of (a fact, etc.), esp. by competent evidence; to verify.

substantive consolidation See CONSOLIDATION.

substantive consolidation The merger of two or more bankruptcy cases, usu. pending against the same debtor or related debtors, into one estate for purposes of distributing the assets, usu. resulting in the two estates sharing assets and liabilities, and in the extingUishment of duplicate claims and claims between the debtors. 4. Corporations. The unification of two or more corporations or other organizations by dissolving the existing ones and creating a Single new corporation or organization. Also termed (with respect to corporations) consolidation ofcorporations. Cf. MERGER (8). 5. Corporations. Archaic. A union of the stock, property, or franchises of two or more companies whereby the conduct of their affairs is permanently - or for a long period put under one management, whether the agreement between them is bv lease, sale, or other form of contract, and whether the effect is the dissolution of one, both, or neither of the companies. consolidate, vb. consolidatory (kan-sol-a-day-tar-ee), adj.

substantive crime See substantive offense under OFFENSE (1).

substantive crime See substantive offense under OFFENSE (1).

substantive due process The doctrine that the Due Process Clauses of the 5th and 14th Amendments require legislation to be fair and reasonable in content and to further a legitimate governmental objective.

substantive due process See DUE PROCESS.

substantive evidence See EVIDENCE.

substantive evidence (sab-stan-tiv). Evidence offered to help establish a fact in issue, as opposed to evidence directed to impeach or to support a witness's credibility.

substantive examination A patent examiners in-depth study of a patent application to determine whether a patent should be granted.

substantive felony See substantive offense under OFFENSE (1).

substantive felony See substantive offense under OFFENSE (1).

substantive law (sab-stan-tiv). The part of the law that creates, defines, and regulates the rights, duties, and powers of parties. Cf. PROCEDURAL LAW. "SO far as the administration of justice is concerned with the application of remedies to violated rights, we may say that the substantive law defines the remedy and the right, while the law of procedure defines the modes and conditions of the application of the one to the other." John Salmond, jurisprudence 476 (Glanville L. Williams ed., 10th ed.1947).

substantive main motion See original main motion under MOTION (2).

substantive motion See original main motion under MOTION (2).

substantive offense See OFFENSE (1).

substantive offense (sab-stan-tiv). (A crime that is complete in itself and is not dependent on another crime for one ofits elements. Also termed substantive crime; substantive felony.

substantive right (sab-stan-tiv). A right that can be protected or enforced by law; a right of substance rather than form. Cf. procedural right.

substantive right See RIGHT.

substantive rule See LEGISLATIVE RULE.

substantive un~onscionability See UNCONSCIONABILITY.

substitute 1. One who stands in anothers place <a substitute for a party>. See SUBSTITUTION OF PARTIES; SUBROGATION. 2. Civil law. A person named in a will as heir to an estate after the estate has been held and then passed on by another specified person (called the institute). See INSTITUTE (5). 3. Parliamentary law. A form of the motion to amend by replacing one or more words with others. See amendment by substituting under AMENDMENT (3). 4. Scots law. A deputy. substitute, vb.

substitute amendment See AMENDMENT (3).

substitute amendment 1. A secondary amendment that substantially replaces rather than edits a primary amendment. 2.See amendment by substituting.

substitute application See PATENT APPLICATION.

substitute application A duplicate application filed after the response period for a first office action has expired and the first application has been deemed abandoned. A substitute application carries some danger for the applicant: the original filing date is lost, and any developments since that date become prior art that the examiner must consider before granting the patent.

substitute drawing See DRAWING.

substitute drawing A drawing submitted after the original application has been filed. A substitute drawing is often a formal drawing filed to replace an informal drawing.

substitute gift See GIFT.

substitute gift A testamentary gift to one person in place of another who is unable to take under the will for some reason. Also termed substitutional gift·

substitute information in lieu of indictment See INFORMATION.

substitute information in lieu of indictment An information that the prosecutor files to take the place of a previously returned indictment, usu. because the indictment is defective or because the prosecutor has added, altered, or deleted facts and allegations.

substitute obligation See OBLIGATION.

substitute obligation An obligation that takes the place of an extinguished obligation by novation. See NOVATION.

substitute specification A patent specification that is rewritten (1) to include amendments made to the specification after filing; (2) to replace an illegible or unreadable original; or (3) to prepare the papers for printing. A substitute specification must be accompanied by a statement that it contains no new matter, and by a copy showing what has been added and deleted since the original specification. Substitute specifications are allowed under 37 CFR 1.125. Also termed rewritten specification. 4. A statement of charges against one who is accused of an offense, esp. a military offense. A charge sets forth an offense that is, a particular kind of act or conduct that the governing rules define as entailing liability to prescribed penalties - of which the accused is alleged to be guilty. A specification states what the accused is alleged to have done which, if true, constitutes an instance of the offense indicated in the charge. An accused must be found guilty of a charge before a penalty can be imposed." Henry M. Robert. Roberts Rules of Order Newly Revised § 61, at 636 (10th ed. 2002), 5. The acquisition of title to materials belonging to another person by converting those materials into a new and different form, as by changing grapes into wine, lumber into shelving, or corn into liquor. The effect is that the original owner of the materials loses the property rights in them and is left with a right of action for their original value. - Abbr. spec.