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substitute specification See SPECIFICATION (3).

substituted agreement See NOVATION.

substituted basis 1. The basis of property transferred in a tax-free exchange or other specified transaction. 2.See carryover basis.

substituted basis See BASIS.

substituted Complaint See amended complaint under COMPLAINT.

substituted complaint See amended complaint.

substituted contract A contract made between parties to an earlier contract so that the new one takes the place of and discharges the earlier one. A substituted contract differs from a novation (as "novation" is traditionally defined) in that the latter requires the substitution for the original obligor of a third person not a party to the original agreement; when the obligee accepts the third party, the agreement is immediately discharged. In contrast to both substituted contract and novation, an executory accord does not immediately discharge an obligation; rather, the obligation is discharged on performance, often by a third person, rather than the original obligor. Cf. NOVATION; ACCORD (2). "[A] substituted contract immediately discharges the prior claim which is merged into the new agreement. Consequently, in the absence of an express agreement to the contrary, the original claim can no longer be enforced. In the event of a breach, any action would have to be brought on the substituted agreement. ... The concept of 'substituted contract' was created largely to circumvent the unsatisfactory rules that until recently governed executory accords. Now that these rules have been modernized, the next step should be the reabsorption of the substituted contract into the executory accord .... [T]he untidy distinction between executory accords and substituted contracts should not be allowed to complicate litigation about routine claim settlements." John D. Calamari &Joseph M. Perillo, The Law of Contracts § 21.6, at 803 (4th ed. 1998).

substituted contract See CONTRACT.

substituted executor An executor appointed to act in the place ofan executor who cannot or will not perform the duties.

substituted exeutor See EXECUTOR.

substituted service See SERVICE (2).

substituted service Any method of service allowed by law in place of personal service, such as service by mail. Also termed constructive service. 3. The act of doing something useful for a person or company, usu. for a fee <your services were no longer required>.

substituted-judgment doctrine A principle that allows a surrogate decision-maker to attempt to establish, with as much accuracy as possible, what healthcare decision an incompetent patient would make if he or she were competent to do so. The standard of proof is by clear and convincing evidence. Generally, the doctrine is used for a person who was once competent but no longer is. Also termed doctrine ofsubstituted judgment. Cf. SPIRITUAL-TREATMENT EXEMPTION; medical neglect under NEGLECT.

substitutio heredis (sab-sta-t[y]oo-shee-oh ha-ree-dis). [Latin] Roman law. 1. See SUBSTITUTION (3). 2. See SUBSTITUTION (4).

substitution 1. A designation of a person or thing to take the place of another person or thing. 2. The process by which one person or thing takes the place of another person or thing. 3. Parliamentary law. An amendment by replacing one or more words with others. See amendment by substituting under AMENDMENT (3). 4. Roman law. The nomination of a person to take the place of a previously named heir who has refused or failed to accept an inheritance. Also termed common substitution; vulgar substitution. 5. Roman law. The nomination of a person to take the place of, or to succeed, a descendant who is under the age of puberty and in the potestas of the testator, if the descendant has died before reaching puberty. This type of substitution was known as a pupillary substitution. Ifa descendant ofany age failed to take by reason of lunacy, the substitution was known as an exemplary substitution or quasi-pupillary substitution. 6. Roman law. A testators deSignation of a person to whom the property was to be given by the person named as heir, or by the heir of that person. Also termed fideicommissary substitution. See FIDEICOMMISSUM. 7. Civil law. The designation of a person to succeed another as beneficiary of an estate, usu. involVing a fideicommissum. Also termed (in senses 6 & 7) fideicommissary substitution.

substitution of parties The replacement of one litigant by another because of the first litigants death, incompetency, transfer of interest, or, when the litigant is a public official, separation from office.

substitutional adj. Capable of taking or supplying the position of another <substitutional executor> <substitutional issue>. - Also termed substitutionary.

substitutional gift See substitute gift under GIFT.

substitutional legacy See LEGACY.

substitutional remedy A remedy intended to give the promisee something as a replacement for the promised performance or to give the plaintiff something in lieu of preventing or repairing an injury. A court awards a substitutional remedy by ordering a defaulting seller of goods to pay the buyer damages (as opposed to delivering the promised goods). Also termed substitutionary remedy. "With substitutionary remedies, plaintiff suffers harm and receives a sum of money. SpeCific remedies seek to avoid this exchange. They seek to prevent harm, or undo it, rather than let it happen and compensate for it.. [Money damages] are substitutionary both in the sense that the sum of oney is substituted for plaintiff s original entitlement, and in the less obvious sense that the fact finder s valuation of the loss is substituted for plaintiff s valuation. Specific relief seeks to avoid both these substitutions, giving plaintiff the very thing he lost if that is what he wants." Douglas Laycock, The Death of the Irreparable Injury Rule 13 (1991).

substitutional remedy See REMEDY.

substitutionary See SUBSTITUTIONAL.

substitutionary evidence See secondary evidence under EVIDENCE.

substitutionary evidence See secondary evidence.

substitutionary remedy See REMEDY.

substitution-of-judgment doctrine 1. Administrative law. The standard for reviewing an agencys decision, by which a court uses its own independent judgment in interpreting laws and administrative regulations rather than deferring to the agency when the agencys interpretation is not instructive or the regulations do not involve matters requiring the agencys expertise. 2. Wills & estates. The principle that a guardian, conservator, or committee of an incompetent person may make gifts out of that persons estate.

substraction (sab-strak-shan), The secret misappropriation of property, esp. from a decedents estate.

subsume (sab-s[y]oom), To judge as a particular instance governed by a general principle; to bring (a case) under a broad rule. subsumption (sab-samp-shan), n.

subsurety See SUBSURETY.

subsurety (sab-shuur[-a] tee). A person whose undertaking is given as additional security, usu. conditioned not only on nonperformance by the principal but also on nonperformance by an earlier promisor as well; a surety with the lesser liability in a subsuretyship.

subsuretyship (sab-shuur[-a]-tee-ship). The relation between two (or more) sureties, in which a principal surety bears the burden of the whole performance that is due from both sureties; a relationship in which one surety acts as a surety for another.

subsurface interest 1. A landowners right to the minerals and water below the property. 2. A similar right held by another through grant by, or purchase from, a landowner. Cf. SURFACE INTEREST; MIKERAL INTEREST.

subtenancy See SUBLEASE.

subtenant See SUBLESSEE.

subterfuge (sab-tar-fyooj). A clever plan or idea used to escape, avoid, or conceal something <a subterfuge to avoid liability under a statute>.

subterfuge arrest An arrest of a suspect for the stated purpose of obtaining evidence of one crime but with the underlying intent to search the suspect for evidence of a different crime.

subterfuge arrest See ARREST.

subterranean water See WATER.

subtraction 1. The process of deducting one number from another number to determine the difference. 2. The act of neglecting a duty or service that one party owes to another, esp. one that arises out of land tenure. "Subtraction, which is the fifth species of injuries affecting a mans real property, happens, when any person who owes any suit, duty, custom, or service to another, withdraws or neglects to perform it. It differs from a disseisin, in that this is committed without any denial of the right, consisting merely in non-performance; that strikes at the very title of the party injured, and amounts to an ouster or actual dispossession. Subtraction however, being clearly an injury, is remediable by due course of law; but the remedy differs according to the nature of the services; whether they be due by virtue of any tenure, or by custom only." 3 William Blackstone, Commentaries on the Laws of England 230 (1768).

subtraction of conjugal rights The act of a husband and wife unlawfully living apart.

subtrahend (sab-tra-hend). In a mathematical equation, the amount subtracted from another number (the minuend) to arrive at a remainder or balance. The term is used in law in a variety of accounting contexts. Cf. MINUEND.

suburbani (sab-ar-bay-ni), n. [Latin] Roman law. 1. Husbandmen. 2. Large country estates just outside Rome.

subvention (sab-ven-shan). A grant of financial aid or assistance; a subsidy.

subversion The process ofoverthrowing, destroying, or corrupting <subversion of legal principles> <subversion of the government>. Subversion can succeed where diplomacy has failed. Subversion exceeds the bounds of diplomacy in that it employs methods which diplomacy abhors; it does not wince at assassination, riot, pillage, and arson, if it believes these to be useful in the attainment of its ends. Subversion is a form of war. It may include the use of propaganda ... to sway the thinking and action of influential Social groups, especially attempting to discredit the leadership of the target area, labeling it as the tool of ... any convenient target for emotional hatred. By inflaming passion, the purveyors of violent propaganda can stir up peaceful citizens so that in minutes they are transformed into a terrifying mob. The art of subversion has developed the technique of the manipulation of mobs to a high degree." T. Wyckoff, War by Subversion, 59 South Atlantic Q. 36 (1960). Prior to World War II, subversive activities were thought to cover cases where states attempted to achieve certain political ends of fomenting civil strife in another state or by supporting rebellion against the legally established government of another state by giving to the rebels supplies of personnel, training facilities, war materials, or munitions and by engaging in hostile propaganda against the victim state and its government .... By the beginning of World War II, the concept of subversion had been expanded to include the attempt of one state to weaken or overthrow the government of another by means of infiltration of its governmental apparatus with conspirators who strongly opposed the domestic policy of their own government and willingly served as clandestine instruments in the conduct of an alien states foreign policy.

Subversive Activities Control Act of 1950 See MCCARRAN ACT.

subversive activity A pattern of acts designed to overthrow a government by force or other illegal means.

subversive propaganda See PROPAGANDA.

subversive propaganda Propaganda calculated to incite a civil war or revolution. When the instigator is another nation, it is termed hostile propaganda or ideological aggression.

success fee See FEE (1).

success fee A bonus paid to a representative who performs exceptionally well in gaining favorable results; esp., a bonus that a client pays to an attorney if the attorney obtains something of value to the client. For instance, a client might agree to pay a success fee for success in litigation, for favorable negotiations in a transaction, or for the successful conclusion of a corporate merger, acquisition, or loan. See CONDITIONAL FEE AGREEMENT.

successful party See prevailing party under PARTY (2).

successful party See prevailing party.

successio (sak-sesh-ee-oh), n. [Latin] Roman law. A succession to something, as to an estate by will or by the laws of intestacy.

successio in universum jus (sak-ses[h]-ee-oh in yoo-ni¬var-sam jas). [Latin "succession to universal right"] Roman law. 1he succession on death to the entirety of a deceased persons assets and liabilities. See hereditas jacens under HEREDITAS.

successio praedilecta (sak-ses[h]-ee-oh pree-di-lek-ta). [Law Latin]. A preferred succession; a succession that the testator prefers.

succession 1. The act or right oflegally or officially taking over a predecessors office, rank, or duties. 2. The acquisition of rights or property by inheritance under the laws of descent and distribution; DESCENT (1). -- succeed, vb.

succession duty A tax payable by the successor to real property, esp. when the successor has not purchased the property for value but has succeeded to the property in some other way.

succession duty See DUTY (4).

succession tax See inheritance tax (1) under TAX.

succession tax See inheritance tax (1).

successional adj. Of or relating to acquiring rights or property by inheritance under the laws of descent and distribution.

successive 1. Archaic. (Of an estate) hereditary. 2. (Of persons, things, appointments, etc.) following in order; consecutive.

successive polygamy See POLYGAMY (2).

successive tortfeasors See TORTFEASOR.

successive-writ doctrine Criminal procedure. The principle that a second or supplemental petition for a writ of habeas corpus may not raise claims that were heard and decided on the merits in a previous petition. Cf. ABUSE-OF-THE-WRIT DOCTRINE.

successor 1. A person who succeeds to the office, rights, responsibilities, or place of another; one who replaces or follows a predecessor. 2. A corporation that, through amalgamation, consolidation, or other assumption of interests, is vested with the rights and duties of an earlier corporation.

successor agent An agent who is appointed by a principal to act in a primary agent's stead if the primary agent is unable or unwilling to perform.

successor agent See AGENT (2).

successor fiduciary A fiduciary who is appointed to succeed or replace a prior one.

successor fiduciary See FIDUCIARY.

successor guardian An alternate guardian named in a parent's will against the possibility that the first nominee cannot or will not serve as guardian.

successor guardian See GUARDIAN.

successor in interest One who follows another in ownership or control of property. A successor in interest retains the same rights as the original owner, with no change in substance.

successor titulo lucrativo post contractum debitum (sak-ses-or [or -ar] tich-a-loh loo-kra-ti-voh pohst kan-trak¬tam deb-i-tam). [Law Latin] . A successor under a lucrative title after debt has been contracted. Such a successor is liable to pay all debts contracted by the grantor.

successor trustee See TRUSTEE (1).

sucesi6n legitim a (soo-se-syon lay-hee-tee-mah). Spanish law. The process of regular inheritance, the rules of which may not be altered by will. See Ortiz De Rodriguez v. Vivoni, 201 U.S. 371, 376-77,26 S.Ct. 475, 476 (1906).

such adj. (bef. 12c) 1. Of this or that kind <she collects a variety of such things>. 2. That or those; having just been mentioned <a newly discovered Faberge egg will be on auction next week; such egg is expected to sell for more than $500,000>.

sudden heat See HEAT OF PASSION.

sudden heat and passion See HEAT OF PASSION.

sudden heat of passion See HEAT OF PASSION.

sudden passion See HEAT OF PASSION.

sudden-and-accidental pollution exclusion See pollution exclusion under EXCLUSION (3).

sudden-death jurisdiction Wills & estates. A jurisdiction in which a will once revoked cannot be revived, and instead must be reexecuted. See REVIVAL (2).

sudden-emergency doctrine See EMERGENCY DOCTRINE (1).

sudden-onset rule The principle that medical testimony is unnecessary to prove causation of the obvious symptoms of an injury that immediately follows a known traumatic incident.

sudden-peril doctrine See EMERGENCY DOCTRINE (1).

sudden-peril rule See EMERGENCY DOCTRINE (1).

sue vb. To institute a lawsuit against (another party).

sue facts Facts that determine whether a party should bring a lawsuit; esp., facts determining whether a shareholder-derivative action should be instituted under state law.

sue out 1. To apply to a court for the issuance of (a court order or writ). 2. To serve (a complaint) on a defendant.

sue-and-Iabor clause Marine insurance. A provision in property- and marine-insurance policies requiring the insured to protect damaged property against further loss. The clause generally requires the insured to "sue and labor" to protect the insured partys interests. Also termed rescue clause. "Some insurance today is written against all risks Besides the perils clause ... recovery under the policy can be had on the entirely separate sue and labor clause. Under this clause, the underwriter may become liable for certain charges incurred by the assured in caring for the insured property, whether or not there is any actual loss or damage. Where sue•and-Iabor charges are incurred and 105s also occurs, the underwriter may become liable for more than the policy amount, which limits only a claim for loss of or damage to the goods or vessel." Grant Gilmore & Charles L. BlackJr. The Law of Admiralty § 2-10, at 75 (2d ed. 1975).

suerte (swer-t.a). Spanish law. 1. Chance; destiny; fate. 2. A small plot of land. 3. Land within a municipalitys boundaries, reserved for cultivating or planting because of its proximity to water. This term appears in the case law of states that were formerly Spanish or Mexican possessions.

suffer 1. To experience or sustain physical or emotional pain, distress, or injury <suffer grievously><suffer damages>. 2. To allow or permit (an act, etc.) <to suffer a default>.

sufferance (saf-ar-.ants or saf-rants). 1. Toleration; passive consent. 2. The state of one who holds land without the owners permission. See tenancy at sufferance under TENANCY. 3. A license implied from the omission to enforce a right.

sufferance wharves English law. Wharves designated by the Commissioner of the Customs to receive goods before any duties must be paid.

sufferentia pads (salf-a-ren-shee-a pay-sis), n. [Latin] A grant of peace; a truce; an armistice.

suffering a recovery A conveyors act of allowing, for the purposes of a conveyance, a fictitious action to be brought by the conveyee and a judgment to be recovered for the land in question.

sufficiency of disclosure See ADEQUACY OF DISCLOSURE.

sufficiency-of-evidence test 1. The guideline for a grand jury considering whether to indict a suspect: if all the evidence presented were uncontradicted and unexplained, it would warrant a conviction the fact-trier. 2. A standard for reviewing a criminal conviction on appeal, based on whether enough evidence exists to justify the fact-triers finding of guilt beyond a reasonable doubt. - Also termed sufficiency-of-the-evidence test.

sufficient adj. Adequate; of such quality, number, force, or value as is necessary for a given purpose <sufficient consideration> <sufficient evidence>.