sufficient cause1. See good cause under CAUSE (2). 2. PROBABLE CAUSE. |
sufficient considerationSee CONSIDERATION (1). |
sufficient considerationEnough consideration as a matter of law to support a contract. Also termed due consideration; legally sufficient consideration. Cf. adequate consideration. |
sufficient evidenceSee satisfactory evidence. |
sufficient evidenceSee satisfactory evidence under EVIDENCE. |
suffragan(saf-ra-gan or -jan). A titular bishop ordained to assist a bishop ofthe diocese in the church business; a deputy or assistant bishop. Suffragans were originally appointed only to replace absent bishops and were called chorepiscopi ("bishops of the county"), as distinguished from the regular bishops of the city or see. |
suffrage(saf-rij). 1. The right or privilege of casting a vote at a public election. - Also termed right to vote. "In the United States suffrage is a privilege, franchise or trust conferred by the people upon such persons as it deems fittest to represent it in the choice of magistrates or in the performance of political duties which it would be inexpedient or inconvenient for the people to perform in a body. The person upon whom the franchise is conferred is called an elector or voter. No community extends suffrage to all persons, but places such restrictions upon it as may best subserve the ends of government." George W. McCrary, A Treatise on the American Law of Elections § 1, at 2 (Henry L McCune ed., 4th ed. 1897). 2. A vote; the act of voting. |
suffragium(sa-fray-jee-am), n. [Latin "voting tablet"] Roman law. 1. A vote; the right to vote. 2. A recommendation of someone for a special privilege or office. |
suggested retail priceThe sales price recommended to a retailer by a manufacturer of the product. |
suggested retail priceSee PRICE. |
suggestibilityThe readiness with which a person accepts anothers suggestion. - suggestible, adj. |
suggestio falsi(sag-jes-tee-oh faI-si or fawl-si). [Latin] A false representation or misleading suggestion. Cf. SUPPRESSIO VERI. |
suggestion1. An indirect presentation of an idea <the client agreed with counsels suggestion to reword the warranty>. 2. Procedure. A statement of some fact or circumstance that will materially affect the further proceedings in the case <suggestion for rehearing en banc>. 3. Archaic. Wills & estates. UNDUE INFLUENCE. - suggest (for senses 1 & 2), vb. |
suggestion of bankruptcyA pleading by which a party notifies the court that the party has filed for bankruptcy and that, because of the automatic stay provided by the bankruptcy laws, the court cannot take further action in the case. |
suggestion of errorAn objection made by a party to a suit, indicating that the court has committed an error or that the party wants a rehearing of a particular issue. |
suggestion on the recordA formal written or oral statement informing the court of an important fact that may require a stay of proceedings or affect the courts decision. Suggestions on the record include suggestion of bankruptcy, suggestion of death, and suggestion of error. |
suggestive interrogationSee LEADING QUESTION. |
suggestive markSee suggestive trademark under TRADEMARK. |
suggestive nameSee suggestive trademark under TRADEMARK. |
suggestive questionSee LEADING QUESTION. |
suggestive trademarkSee TRADEMARK. |
suiSee SUI HEREDES. |
sui geneds(s[y]oo-i or soo-ee jen-a-ris). [Latin "of its own kind"]. Of its own kind or class; unique or peculiar. The term is used in intellectual-property law to describe a regime designed to protect rights that fall outside the traditional patent, trademark, copyright, and trade-secret doctrines. For example, a database may not be protected by copyright law if its content is not original, but it could be protected by a sui generis statute designed for that purpose. |
sui heredes(s[y)oo-i ha-ree-deez). [Latin "ones own heirs"] Roman law. A persons direct descendants who were unemancipated, and who would be heirs on intestacy Also spelled sui haeredes. Often shortened to sui. See suus HERES. "If a man died without a will. his property went to his sui heredes (own heirs, direct heirs), that is, to the persons who were previously under his potestas, but were released from it by his death. If he had adopted as son a person not connected with him by birth, that person was included among the sui heredes; on the other hand. a son by birth whom he had emancipated was.. excluded from the sui heredes . ..." James Hadley, Introduction to Roman Law 134 (1881). |
sui juris(s[y)oo-i or soo-ee joor-is). [Latin "of ones own right; independent" ]. 1. Of full age and capacity. 2. Possessing full social and civil rights. 3. Roman law. Of or relating to anyone of any age, male or female, not in the postestas of another, and therefore capable of owning property and enjoying private law rights. As a status, it was not relevant to public law. |
sui potens(s[y]oo-i poh-tenz). [Latin). Able to do something, as in to enter a contract. |
suicide1. The act of taking ones own life. Also termed self-killing; self-destruction; self-slaughter; self-murder;felony-de-se; death by ones own hand. |
suicide clauseA life-insurance-policy provision either excluding suicide as a covered risk or limiting the insurers liability in the event of a suicide to the total premiums paid. |
suicide letter of creditSee clean letter of credit under LETTER OF CREDIT. |
suicide-by-copA form of suicide in which the suicidal person intentionally engages in life-threatening behavior to induce a police officer to shoot the person. Frequently, the decedent attacks the officer or otherwise threatens the officers life, but occasionally a third persons life is at risk. A suicide-by-cop is distinguished from other police shootings by three elements. The person must: (1) evince an intent to die; (2) consciously understand the finality ofthe act; and (3) confront a law enforcement official with behavior so extreme that it compels that officer to act with deadly force. - Also termed police-assisted suicide; victim-precipitated homicide. 2. A person who has taken his or her own life. Also termed felo-de-se;felon-de-se;felon of oneself. suicidal, adj. |
suitAny proceeding by a party or parties against another in a court of law; CASE (1). Also termed lawsuit; suit at law. See ACTION (4). |
suit at lawA suit conducted according to the common law or equity, as distingUished from statutory provisions. Under the current rules of practice in federal and most state courts, the term civil action embraces an action both at law and in equity. Fed. R. Civ. P. 2. See action at law under ACTION (4). |
suit for exonerationA suit in equity brought by a surety to compel the debtor to pay the creditor. If the debtor has acted fraudulently and is insolvent, a suit for exoneration may include further remedies to ensure that the debtors assets are applied equitably to the debtors outstanding obligations. Also termed suit to compel payment. |
suit in equityA civil suit stating an equitable claim and asking for an exclusively equitable remedy. Also termed action in equity. |
suit moneyAttorneys fees and court costs allowed or awarded by a court; esp., in some jurisdictions, a husbands payment to his wife to cover her reasonable attorneys fees in a divorce action. |
suit of a civil natureA civil action. See civil action under ACTION (4). |
suit papersSee COURT PAPERS. |
suit pro laesione fidei(proh lee- zhee-oh -nee fi -dee-i), n. [Latin "for injury to faith"]. Eccles. law. A suit in ecclesiastical court for spiritual offenses against conscience, nonpayment of debts, or a breach of contract, esp. an oral contract made by oath. |
suit to compel paymentSee SUIT FOR EXONERATION. |
suitableadj. (Of goods, etc.) fit and appropriate for their intended purpose. |
suitass[y)oo-a-tas), n. [Law Latin]1he status of a proper heir. |
suitor1. A party that brings a lawsuit; a plaintiff or petitioner. 2. An individual or company that seeks to take over another company. |
Suitors Deposit AccountEnglish law. An account consisting of suitors fees paid in the Court of Chancery that, by the Chancery Act of 1872, were to be invested in government securities bearing interest at 2% per annum on behalf of the investing suitor, unless the suitor directed otherwise. |
Suitors Fee FundA fund consisting largely offees generated by the Court of Chancery out of which the court officers salaries and expenses were paid. In 1869 the fund was transferred to the Commissioners for the Reduction of the National Debt. |
Suits in Admiralty ActA 1920 federal law giving injured parties the right to sue the government in admiralty. 46 USCA app. §§ 741-52. |
sum1. A quantity of money. 2. English law. A legal summary or abstract; a compendium; a collection. Several treatises are called sums. |
sum certain1. Any amount that is fixed, settled, or exact. 2. Commercial law. In a negotiable instrument, a sum that is agreed on in the instrument or a sum that can be ascertained from the document. |
sum payableAn amount due; esp., the amount for which the maker of a negotiable instrument becomes liable and must tender in full satisfaction of the debt. |
summa injuria(sam-a in-joor-ee-a). [Latin] The greatest injury or injustice. |
summa necessitate(sam-a ni-ses-a-tay-tee). [Latin]. In extreme necessity. See NECESSITY. |
summa potestas(sam-a pa-tes-tas), n. [Latin "sum or totality of power"] The final authority or power in government. |
summary1. Short; concise <a summary account ofthe events on March 6>. 2. Without the usual formalities; esp., without a jury <a summary trial>. 3. Immediate; done without delay <the new weapon was put to summary use by the military>. - summarily (sam-ar-a-lee or sa-mair-a-lee), adv. |
summary1. An abridgment or brief. 2. A short application to a court without the formality of a full proceeding. |
summary adjudicationSee partial summary judgment under SUMMARY JUDGMENT. |
summary convictionA conviction of a person for a violation or minor misdemeanor as the result of a trial before it magistrate sitting without a jury. |
summary convictionSee CONVICTION. |
summary court-martialSee COURT-MARTIAL. |
summary court-martialA proceeding preSided over by a single commissioned officer who is jurisdictionally limited in what sanctions can be imposed .o It is the lowest level of courts-martial. |
summary dispositionSee SUMMARY JUDGMENT. |
summary evictionAn eviction accomplished through a simplified legal procedure, without the formalities of a full trial. |
summary evictionSee EVICTION. |
summary judgmentA judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial. Fed. R. Civ. P. 56. Also termed summary disposition;judgment on the pleadings. See JUDGMENT. |
summary judgmentSee SUMMARY JUDGMENT. |
summary jurisdiction1. A court"s jurisdiction in a summary proceeding. 2. The court"s authority to issue a judgment or order (such as a finding of contempt) without the necessity of a trial or other process. 3. English law. A court"s power to make an order immediately, without obtaining authority or referral, as in a magistrate"s power to dispose of a criminal case without referring it to the Crown Court for a formal trial or without drawing a jury. |
summary jurisdictionSee JURISDICTION. |
summary jury trialSee TRIAL. |
summary of argumentSee SUMMARY OF THE ARGUMENT. |
Summary of Commentary on Current Economic Conditions by Federal Reserve DistrictSee BEIGE BOOK. |
summary of the argumentThe part of a brief, esp. an appellate brief, in which the advocate condenses the argument to a precis or synopsis, directing the court to the heart of the argument on each point. A summary typically runs from one to four pages. Also termed summary ofargument. "A summary of the argument. suitably paragraphed. The summary should be a clear and concise condensation of the argument made in the body of the brief; mere repetition ofthe headings under which the argument is arranged is not sufficient." Sup. Ct. R. 24.1(h). |
summary of the inventionIn a U.S. patent application, the section that describes the nature, operation, and purpose of the invention in enough detail that the examiner and anyone searching the patent literature for prior art can understand the unique character of the invention. |
summary offenseAn offense (such as a petty misdemeanor) that can be prosecuted without an indictment. Cf. indictable offense. |
summary offense1. See OFFENSE (1). 2. See MISDEMEANOR (1). |
summary plan descriptionUnder the Employee Retirement Security Act (ERISA), an outline of an employee benefit plan, containing such information as the identity of the plan administrator, the requirements for eligibility and participation in the plan, circumstances that may result in disqualification or denial of benefits, and the identity of any insurers responsible for financing or administering the plan. A summary plan description must generally be furnished to all employee-benefIt-plan participants and beneficiaries. 29 USCA § 1022. - Abbr. SPD. |
summary procedureSee SHOW-CAUSE PROCEEDING. |
summary proceedingA nonjury proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. Also termed summary trial. Cf. plenary action under ACTION (4). "Summary proceedings were such as were directed by Act of Parliament, there was no jury, and the person accused was acquitted or sentenced only by such person as statute had appointed for his judge. The common law was wholly a stranger to summary proceedings." A.H. Manchester, Modern Legal History of England and Wales, /750-/950 160 (1980). |
summary proceedingSee PROCEEDING. |
summary process1. An immediate process, issuing and taking effect without intermediate applications or delays. 2. A legal procedure used to resolve a controversy more efficiently and expeditiously than ordinary methods. 3. The legal documents achieving such a result. 4. A procedure for repossessing real property from a tenant upon default. See summary eviction under EVICTION. |
summary processSee PROCESS. |
summary trialSee summary proceeding under PROCEEDING. |
summary-judgment motionSee MOTION FOR SUMMARY JUDGMENT. |
summationSee CLOSING ARGUMENT. |
summer associateSee CLERK (4). |
summer clerkSee CtERK (4). |
summing up1. CLOSING ARGUMENT. 2. English law. A judge review of the key points of evidence presented in a case and instructions to the jury on the law it is to apply to the evidence. The judges summing up follows the advocates dosing speeches. sum up, vb. |
summo jure(sam-oh joor-ee). [Latin]. In the highest right. |
summonTo command (a person) by service of a summons to appear in court. Also termed summons. |
summoneas(sa-moh-nee-as), n. [Law Latin "you are to summon"]. A writ ordering a party to appear in court. |
summonerA petty officer charged with summoning parties to appear in court. See NUNTlUS. "But process, as we are now to consider it, is the method taken by the law to compel a compliance with the original writ, of which the primary step is by giving the party notice to obey it. This notice is given ... by summons: which is a warning to appear in court ... given to the defendant by two of the sheriffs messengers called summoners, either in person or left at his house or land." 3 William Blackstone, Commentaries on the Laws of England 279 (1768). |
summonitio(sam-a-nish-ee-oh), n. [Law Latin fr. Latin summonere "to summon"]. A summons. |
summonitores scaccarii(sam-an-a-tor-eez ska-kair¬ee-i). [Law Latin]. Exchequer officers who assisted in revenue collections by summoning defaulters to court. |
summons1. A writ or process commencing the plaintiffs action and requiring the defendant to appear and answer. 2. A notice requiring a person to appear in court as a juror or witness. 3. A writ directing a sheriff to summon a defendant to appear in court. 4. English law. The application to a common-law judge upon which an order is made. PI. summonses. |
summons1. SIlMMON. 2. To request (information) by summons. The horrible expression summonsed for an offence (turning the noun summons into a verb) has now become accepted usage, but summoned remains not only allowable but preferable." Glanville Williams, Learning the Law 15 n.28 (11th ed. 1982). |
summum bonum(sam-am boh-nam also suum-uum baw-nuum). [Latin] The greatest good. |
summum jus(sam-am as). [Latin] The highest law. |
sumner(sam-nar). A summoning officer, esp. in an ecclesiastical court. See SUMMONER. |
sum-of-the-years'-digits depreciation methodA method of calculating the annual depreciation allowance by multiplying the depreciable cost basis (cost minus salvage value) by a constantly decreasing fraction, which is represented by the remaining years of useful life at the beginning of each year divided by the total number of years of useful life at the time of acquisition. Sometimes shortened to SYD method. |
sum-of-the-years-digits depredation methodSee DEPRECIATION METHOD. |
sumptuary law(samp-choo-er-ee). 1. A statute, ordinance, or regulation that limits the expenditures that people can make for personal gratification or ostentatious display. 2. More broadly, any law whose purpose is to regulate conduct thought to be immoral, such as prostitution, gambling, or drug abuse. |
sumptuary lawSee SUMPTUARY LAW. |
Sunday lawSee BLUE LAW. |