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supplemental complaint See COMPI.AINT.

supplemental declaration A sworn document, filed after the U.S. Patent and Trademark Office allows a patents issuance. See SUPPLEMENTAL OATH.

supplemental jurisdiction See JURISDICTION.

supplemental jurisdiction Jurisdiction over a claim that is part of the same case or controversy as another claim over which the court has original jurisdiction. Since 1990, federal district courts have had supplemental jurisdiction which includes jurisdiction over both ancillary and pendent claims. 28 USCA § 1367. See ancillary jurisdiction; pendent jurisdiction.

supplemental pleading A pleading that either corrects a defect in an earlier pleading or addresses facts arising since the earlier pleading was filed. Unlike an amended pleading, a supplemental pleading merely adds to the earlier pleading and does not replace it. Cf. amended pleading. 2. A system of defining and narrowing the issues in a lawsuit whereby the parties file formal documents alleging their respective positions.

supplemental pleading See PLEADING (1).

supplemental register A roll of trademarks that are ineligible for listing on the Principal Register because they are not distinctive. Marks on the supplemental register are not protected by trademark law, except to the extent that the listing may bar the registration of a similar mark. The listing may be required, however, for the mark to be registered in other countries. 15 USCA § 1091. Cf. PRINCIPAL REGISTER. - Also termed secondary register.

Supplemental Rules for Certain Maritime and Admiralty Claims A supplement to the Federal Rules of Civil Procedure, setting out procedures for suits in admiralty and maritime law.

supplemental surety See SURETY.

supplemental surety A surety for a surety.

supplemental-needs trust See TRUST.

supplementary proceeding See PROCEEDING.

supplementary proceeding 1. A proceeding held in connection with the enforcement of a judgment, for the purpose of identifying and locating the debtor s assets available to satisfy the judgment. 2. A proceeding that in some way supplements another.

supplendo vices (sa-plen-doh vi-seez). [Law Latin]. By supplying the place.

suppletory oath (sap-la-tor-ee). 1. An oath administered to a party, rather than a witness, in a case in which a fact has been proved by only one witness .• In a civil-law case, two witnesses are needed to constitute full proof. See HALF-PROOF. 2. An oath administered to a party to authenticate or support some piece ofdocumentary evidence offered by the party. - Also termed oath suppletory.

suppletory oath (sap-la-tor-ee). See OATH.

suppliant (sap-lee-ant). One who humbly requests something; specif., the actor in a petition of right.

supplicatio (sap-li-kay-shee-oh), n. [Latin) Roman law. 1. A petition to the emperor requesting him to decide a case, not already before a court, in first instance or, sometimes, to reopen a case in which no appeal is normally allowed. PI. supplicationes (sap-li-kay-sheeoh-neez). "Another mode was supplicatio, petition to the Emperor by a private person, not allowed when the question was already before a court or had been decided and not properly appealed. It was mainly used to bring matters before the Emperor or his delegate, in first instance, where for any reason it was unlikely that justice would be done, e.g. where the claimant was humble and the opponent a potentior, or where the claimant was of too high rank to go before the ordinary court, or the decision was of an unappealable magistrate." W.W. Buckland. Elementary Principles of the Roman Private Law671 (1912). 2. A petition for a pardon on a first offense. 3. A pleading similar to a rejoinder.

supplicavit (sap-li-kay-vit). A writ issued by the Kings Bench or Chancery for taking sureties of the peace, obligating a person to be on good behavior for a specified period. It is commonly directed to the justices of the peace who are hesitant to intervene in thei judicial capacities. See surety of the peace under SURETY. "Any justices ofthe peace, by virtue of their commission, or those who are ex officio conservators of the peace ... may demand such security according to their own discretion: or it may be granted at the request of any subject, upon due cause shewn .... Or, if the justice is averse to act, it may be granted by a mandatory writ, called a supplicavit, issuing out of the court of kings bench or chancery; which will compel the justice to act, as a ministerial and not as a judicial officer ...." 4 William Blackstone, Commentaries on the Laws of England 250 (1769).

supplicium (sa-plish-ee-am), n. [Latin "atonement") Roman law. A punishment. • Ultimum supplicium is the death penalty.

supplier 1. A person engaged, directly or indirectly, in the business of making a product available to consumers. "The supplier may be the seller, the manufacturer. or anyone else in the chain who makes the product available to the consumer." 1 Julian B. McDonnell & Elizabeth J. Coleman, Commercial and Consumer Warranties ~ 6.06[2], at 6-33 (1991). 2. A person who gives possession of a chattel for anothers use or allows someone else to use or occupy it while it is in the persons possession or control.

supplies 1. Means of provision or relief; stores available for distribution. 2. In parliamentary proceedings, the annual grant voted on by the House of Commons for maintaining the Crown and various public services.

supply The amount of goods produced or available at a given price.

supply curve A line on a price-output graph showing the relationship between a goods price and the quantity supplied at a given time.

support 1. Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See MAINTENANCE; NECESSARIES. Generally speaking, the words support and maintenance are used synonymously to refer to food, clothing and other conveniences, and shelter, including, in some cases, medicines, medical care, nursing care, funeral services, education, and reasonable personal care, and the courtesies and kindness usually obtaining between individuals that have the same ties of blood in families of similar station as the contracting parties." 73 Am.Jur.2d Support of Persons § 1, at 880-81 (2d ed. 1974). 2. One or more monetary payments to a current or former family member for the purpose of helping the recipient maintain an acceptable standard of living. Also termed (in both senses) reasonable support. See ALIMONY. Cf. NONSUPPORT; MAINTENANCE (5).

support 1. Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See MAINTENANCE; NECESSARIES. "Generally speaking, the words support and maintenance are used synonymously to refer to food, clothing and other conveniences, and shelter, including, in some cases, medicines, medical care, nursing care, funeral services, education, and reasonable personal care, and the courtesies and kindness usually obtaining between individuals that have the same ties of blood in families of similar station as the contracting parties." 73 Am.Jur.2d Support of Persons § 1, at 880-81 (2d ed. 1974). 2. One or more monetary payments to a current or former family member for the purpose of helping the recipient maintain an acceptable standard of living. Also termed (in both senses) reasonable support. See ALIMONY. Cf. NONSUPPORT; MAINTENANCE (5).

support agreement Oil & gas. A contract between people or entities in the oil-and-gas industry to promote exploratory operations. Generally, one party agrees to contribute money or property to another if the other will drill a well on leases that it holds and provide the contributing party with information from tests conducted. For the contributing party, a support agreement is a purchase of geological or technological information. For the party receiving the support, the contribution lessens the cost or the risk of drilling operations. Also termed contribution agreement. See DRY-HOLE AGREEMENT; BOTTOM-HOLE AGREEMENT; ACREAGE-CONTRIBUTION AGREEMENT.

support deed A deed by which a person (usu. a parent) conveys land to another (usu. a son or daughter) with the understanding that the grantee will support the grantor for life. Support deeds often result in litigation.

support deed See DEED.

support obligation A secondary obligation or letter-of-credit right that supports the payment or performance of an account, chattel paper, general intangible, document, healthcare-insurance receivable, instrument, or investment property. UCC § 9-102(a)(53).

support order A court decree requiring a party (esp. one in a divorce or paternity proceeding) to make payments to maintain a child or spouse, including medical, dental, and educational expenses.

support order See SUPPORT ORDER.

support price A minimum price set by the federal government for a particular agricultural commodity.

support price See PRICE.

support trust See TRUST.

supposition (sap-a-zish-an), n. An assumption that something is true, without proof of its veracity; the act of supposing. - suppose, vb. - supposable, adj.

suppress To put a stop to, put down, or prohibit; to prevent (something) from being seen, heard, known, or discussed <the defendant tried to suppress the incriminating evidence>. - suppression, n. - suppressible, suppressive, adj.

suppressio veri (sa-pres[h]-ee-oh veer-i). [Latin] Suppression of the truth; a type of fraud. Cf. SUGGESTIO FALSI.

suppression hearing See HEARING.

suppression hearing Criminal procedure. A pretrial hearing in which a criminal defendant seeks to prevent the introduction of evidence alleged to have been seized illegally.

suppression of evidence 1. A trial judges ruling that evidence offered by a party should be excluded because it was illegally acquired. 2. The destruction of evidence or the refusal to give evidence at a criminal proceeding.• This is usu. considered a crime. See OBSTRUCTION OF JUSTICE. 3. The prosecutions withholding from the defense of evidence that is favorable to the defendant.

supra (s[y]oo-pra). [Latin "above"]. Earlier in this text; used as a citational Signal to refer to a previously cited authority. Cf. INFRA.

supra citatum (s[y]oo-pra si-tay-tam). [Law Latin]. Above cited. - Abbr. sup. cit.

supra protest (Of a debt) under protest. See PROTEST (3).

supra riparian (soo-pra ri-pair-ee-an or ri-). Upper riparian; higher up the stream. This phrase describes the estate, rights, and duties of a riparian owner whose land is situated nearer the source of a stream than the land it is compared to.

supralegal adj. Above or beyond the law <a supralegal sovereign>.

supranational adj. Free of the political limitations of nations.

supremacy The position of having the superior or greatest power or authority.

Supremacy Clause The clause in Article VI of the U.S. Constitution declaring that the Constitution, all laws made in furtherance of the Constitution, and all treaties made under the authority of the United States are the "supreme law of the land" and enjoy legal superiority over any conflicting provision of a state constitution or law. See PREEMPTION.

supremacy of law See RULE OF LAW (2).

supreme adj. (Of a court, power, right, etc.) highest; superior to all others.

Supreme Civil Court in Scotland See COURT OF SESSION (1).

supreme court 1. (cap.) SUPREME COURT OF THE UNITED STATES. 2. An appellate court existing in most states, usu. as the court oflast resort. 3. In New York, a court of general jurisdiction with trial and appellate divisions. The Court of Appeals is the court of last resort in New York. 4. SCPREME COURT OF JUDICATURE. Abbr. S.C.; S.Ct.; Sup. Ct.

supreme court See SUPREME COURT.

Supreme Court of Appeals The highest court in West Virginia.

Supreme Court of Errors The court of last resort in Connecticut. The court is now called the Supreme Court.

Supreme Court of Judicature The highest court in England and Wales, consisting of the High Court of Justice, the Court of Appeal, and the Crown Court. - The Supreme Court was created under the Judicature Act of 1873 that consolidated the existing superior courts, including the High Court of Chancery, the court of Queens Bench, the court of Exchequer, the High Court of Admiralty, the court of Probate, and the London court of Bankruptcy. - Sometimes shortened to Supreme Court.

Supreme Court of the United States The court of last resort in the federal system, whose members are appointed by the President and approved by the Senate. The Court was established in 1789 by Article III of the U.S. Constitution, which vests the Court with the "judicial power of the United States." Often shortened to Supreme Court. - Also termed United States Supreme Court.

supreme court of the united states See SUPREME COURT OF THE UNITED STATES.

supreme judicial court The highest appellate court in Maine and Massachusetts.

Supreme Judicial Court See COURT.

supreme law of the land 1. The U.S. Constitution. 2. Acts of Congress made in accordance with the U.S. Constitution. 3. U.S. treaties. See SUPREMACY CLAUSE.

supreme legislation See LEGISLATION.

supreme power See sovereign political power under POLITICAL POWER.

sur (sar). [Law French]. Upon. This term appears in various phrases, such as sur cognizance de droit ("upon acknowledgment of right").

sur cui ante divortium (sar ki [or kwi or kwee] an-tee d;a-vor-shee-am). See CUI ANTE DIVORTlUM.

sur cui in vita (sar ki [or kwi or kwee] in vi-ta}. See CUI IN VITA.

sur disclaimer A writ brought by a lord against a tenant who has disclaimed tenure, to recover the land.

surcharge 1. An additional tax, charge, or cost, usu. one that is excessive. 2. An additional load or burden. 3. A second or further mortgage. 4. The omission of a proper credit on an account. 5. The amount that a court may charge a fiduciary that has breached its duty. 6. An overprint on a stamp, esp. one that changes its face value. 7. The overstocking of an area with animals. surcharge, vb.

surcharge 1. To impose an additional (usu. excessive) tax, charge, or cost. 2. To impose an additionalload or burden. 3. (Of a court) to impose a fine on a fiduciary for breach of duty. 4. To overstock (an area) with animals.

surcharge and falsify To scrutinize particular items in an account to show items that were not credited as required (to surcharge) and to prove that certain items were wrongly inserted (to falsify). The courts of chancery usu. granted plaintiffs the opportunity to surcharge and falsify accounts that the defendant alleged to be settled.

surdus (sar-das), n. [Latin] Roman law. A deaf person. A wholly deaf and mute person could not lawfully make a will before the time of Justinian, who modified the law.

surety (shuur[-a-tee). 1. A person who is primarily liable for paying anothers debt or performing anothers obligation. Although a surety is similar to an insurer, one important difference is that a surety often receives no compensation for assuming liability. A surety differs from a guarantor, who is liable to the creditor only if the debtor does not meet the duties owed to the creditor; the surety is directly liable. Cf. GUARANTOR. "The words surety and guarantor are often used indiscriminately as synonymous terms; but while a surety and a guarantor have this in common, that they are both bound for another person, yet there are points of difference between them which should be carefully noted. A surety is usually bound with his prinCipal by the same instrument, executed at the same time and on the same consideration. He is an original promisor and debtor from the beginning, and is held ordinarily to know every default of this principal. Usually the surety will not be discharged, either by the mere indulgence of the creditor to the principal, or by want of notice of the default of the principal, no matter how much he may be injured thereby. On the other hand, the contract of the guarantor is his own separate undertaking, in which the principal does not join. It is usually entered into before or after that of the principal. and is often founded on a separate conSideration from that supporting the contract ofthe principal." 1 George W. Brandt, The Law ofSuretyship and Guaranty§ 2, at 9 (3d ed. 1905). "A surety, in the broad sense, is one who is liable for the debt or obligation of another, whether primarily or secondarily, conditionally or unconditionally. In other words, the term surety includes anyone who is bound on an obligation which, as between himself and another person who is bound to the obligee for the same performance, the latter obligor should discharge. In this sense.

surety and fidelity insurance See fidelity insurance under INSURANCE.

surety andfidelity insurance See fidelity insurance.

surety bond See PERFORMANCE BOND.

surety bond See PERFORMANCE BOND.

surety company See COMPANY.

surety company A company authorized to engage in the business ofentering into guaranty and suretyship contracts and acting as a surety on bonds, esp. bail, fidelity, and judicial bonds. Also termed guaranty company.

surety insurance See guaranty insurance under INSURANCE.

surety insurance See guaranty insurance.

surety of the peace A surety responsible for ensuring that a person will not commit a future offense. It is required of one against whom there are probable grounds to suspect future misbehavior. See SUPPLICAVIT.

suretyship 1. The legal relation that arises when one party assumes liability for a debt, default, or other failing ofa second party. - The liability of both parties begins simultaneously. In other words, under a contract of suretyship, a surety becomes a party to the principal obligation. 2. The lending of credit to aid a principal who does not have sufficient credit. The purpose is to guard against loss if the principal debtor were to default. 3. The position or status of a surety.

suretyship by operation of law A suretyship that the law creates when a third party promises a debtor to assume and pay the debt that the debtor owes to a creditor.

surface 1. The top layer of something, esp. of land. 2. Mining law. An entire portion of land, including mineral deposits, except those specifically reserved. - The meaning of the term varies, esp. when used in legal instruments, depending on the language used, the intention of the parties, the business involved, and the nature and circumstances of the transaction. 3. Mining law. The part of the geologic section lying over the minerals in question.

surface casing Casing that protects groundwater against pollution from drilling and producing operations. Surface casing is the first pipe set in the hole.

surface casing See CASING.

surface interest Oil & gas. Every right in real property other than the mineral interest. The surface-interest owner has the right to the surface subject to the right of the mineral-interest owner to use the surface. The surface-interest owner is entitled to all whatever nonmineral substances are found in or under the soil. Also termed surface right. Cf. MINERAL INTEREST; SUBSURFACE INTEREST.

surface issue See ISSUE (1).

surface issue A superficially stated issue phrased in a single sentence, without many facts, and usu. beginning with the word whether. Cf. deep issue.

Surface Transportation Board A unit in the U.S. Department of Transportation responsible for the economic regulation of interstate surface transportation, primarily railroads. Its jurisdiction includes railroad-rate and -service issues, railroad-company mergers and related labor matters; certain truck and ocean shipping rates; certain intercity bus-company structures; and certain pipeline matters not regulated by the Federal Energy Regulatory Commission. Abbr. STB.

surface water See WATER.

surface-damage dause Oil & gas. A lease provision requiring the lessee to pay the lessor or the surfaceinterest owner for all or for a specified kind or degree of damage to the surface that results from oil-and-gas operations. Also termed location-damage clause; damages clause.

Surgeon General 1. The chief medical officer of the U.S. Public Health Service or of a state public-health agency. 2. The chief officer of the medical departments in the armed forces. Abbr. SG.

surmise (sar-miz), 1. An idea based on weak evidence; conjecture. 2. A suggestion, esp. to a court. 3. Eccles. law, An allegation in the complaint. A collateral surmise is a surmise of a fact not contained in the libel. See LIBEL (3).

surname See NAME.

surplice fees (sar-plis feez). Eccles. law. Fees paid to clergy for performing occasional duties, such as marriages, funerals, and baptisms.

surplus 1. The remainder of a thing; the residue or excess. 2. The excess of receipts over disbursements. 3. Funds that remain after a partnership has been dissolved and all its debts paid. 4. A corporations net worth, beyond the par value of capital stock. Also termed overplus.

surplus earnings The excess of corporate assets over liabilities within a given period, usu. a year.

surplus earnings See EARNINGS.