SACRILEGE ( CRIME OF S. ) outlaw conduct consisting to theft or destroyany item considered sacred in a particular place. From latin ” sacer ” = holy / ” legere ” = to pick up.
SALARY payment for service given performed . From latin “ salarius ” =derived from salt. In old roman empire, the salt was a kind of wage.
SALVAGE MONEY in maritime law, amount of money given to a rescuer ofa ship, as award for his act of saving of ship or its cargo. From latin ” salvus ” = safe.
SANCTION penalty or fine imposed for violation of statute or regulation ; togive effect to a law, to give the approval of a law. Eg: a conduct sanctioned as wrongful according the law disposition n.3 . From latin ” sanctio ” = punishment.
SANITARY REGULATIONS set of rules imposed by public authority aimedto protect the public health. From latin ” sanare ” = to heal / ” ars ” = job, skill , competence.
SANITY OF THE DEFENDANT term used in criminal trial to indicate theliability of a person making a wrongful conduct. From this mental ability of the defendant, depends the possibility to distinguish a conduct as wrong or right. From latin ” sanus ” = having a good mind.
SATISFACTION OF DEBT payment of debt or other kind of financialobligation, conforming to stipulated requirements, therefore is the meeting of an obligation also by means of substitute of original agreed performance. The concerning document is often called satisfaction document. From latin ” satis” = enough / ” facere ” = to do.
SAVING CLAUSE contract clause providing the enforcement of contractclause, even if one or other more clause is declared null and void. From latin ” se ” = himself / “avectus” = brought away. In figurative sense, the clause hasbeen saved because brought away with himself, therefore not left or abandoned to the avoidance as the other clauses.
SCANDAL ( PUBLIC SCANDAL ) adjective given to an offence against thecommon morality or conscience ruling in a place or time period. From old greek “skandaleo ” = to make an offence.
SCHEDULE written statement containing a list or an inventory , usuallyattached to another legal document as for example statement if bankruptcy. Here, the schedule is a set of lists filled by the debtor , containing several informations about assets and creditors. From latin ” schedula ” = leaf of paper.
SCIENTER OF CRIME term indicating an equivalent of criminal intent,used oftenly to indicate the wilful conduct in a crime as fraud. From latin ” scientia ” = acknowledgement.
SCINTILLA OF EVIDENCE kind of evidence being purely conjectural,without the normal substance of an evidence. From latin ” scintillare ” = to sparkle. In figurative sense, the fire is a strong evidence, clearly able to be watched, instead a simple sparkle is not a strong evidence, has not the brightness of the fire, but is meaning the possible presence (in the near future) of a fire. So an evidence not having a certainty (a sparkle) can be inducing to the presence of a more incisive evidence ( the fire).
SCRIP short writing or document entitling the holder to receive a fractionalshare or stock dividend. From latin ” scribere ” = to write.
SCRUTINY judicial examination of a statute or regulation , aimed todetermine if it is according to constitutional provisions. From latin ” scrutare” = to look something carefully .
SCUTAGE in the middle age was a tax paid to a soldier to have theperformance of military service. From latin ” scutum ” = sheld.
SEALED DOCUMENT document having an attached emblem aimed tocertify or authenticate the document as lawful. From latin ” sigillum ” = seal.
SEARCHING examination of a public record, inspection of persons, items orpremises. This activity is aimed to get some information or to determine if somebody o something is involved in a criminal conduct (eg : drug substance found during a car rummaging or searching ). From latin ” sequi ” = to follow / ” arcessitus ” = wanted. In figurative sense, a searching as also a rummagin is meaning follow a track with the aim to find something wanted.
SEASONABLE TIME term used oftenly in the U.S. commercial code toindicate the proper time limit to fulfil an obligation, when the date has been not agreed . From latin ” sectus ” divided / ” sonare ” = to celebrate. In figurative sense, as the seasons are time’s shares conventionally used to divide the time period of a year, the seasonable time is indicating a proper time period to perform a payment.
SECESSION FROM A STATE act of state or province involving a oneself removal from a central government . Eg: the quebec or texas will of secession from central State. From latin ” se ” = oneself / ” caesus ” = cut, divided, separated. Therefore divided by oneself from the central State.
SECOND DEGREE MURDER murder perpetrated with intent to kill butwithout premeditation . From latin ” secundus ” = following / ” de ” = of / ” gradus ” = step. Therefore a murder of a degree following the first.
SECOND MORTGAGE lien on real property , in a subordinate positionrelating the first mortagage. From latin ” secundus ” = following ( following the first ).
SECRET BALLOT individual , undisclosed and not visible vote given bysomebody. From latin ” sectus ” = cut / ” cretus ” = born. In figurative sense, to secret a ballot is meaning to cut, to stop the divulgation just it is born.
SECRET HEARING hearing closed to the public, but allowing only theattendance of the interested parties. From latin ” sectus ” = cut / ” cretus ” = born. In figurative sense, to secret a news is meaning to cut, to stop the divulgation just it is born.
SECURED PARTY party receiving an assurance coverage for the payment ofa debt or the performance of some act of obligation , by means of mortage or pledge. From latin ” si ” = every time that / ” cura ” = task. In fact, every time the assured person has to pay an obligation, the insurance company has the task to perform in place of the assured.
SECURITY DEPOSIT is a deposit of money or securities made by a tenantto the landlord to assure payment of rent or give a protection of possible damage to the leased land. From latin ” si ” = every time that / ” cura ” = due , task. In fact the landlord has the right or the task to keep the amount of money paid as guarantee deposit, everytime he knows his land has been damaged. ( The word deposit is coming from latin ” de ” = by / ” positio ” = put in a place . In this case, the amount of money put by tenant in a place (figuratively the landlord’s house ).
SECURITIES legal instrument involving an investment or interest in acommercial enterprise, giving to the owner the right to participate to the enterprise profits. From latin ” si ” = every time that / ” cura ” = due , engagement In fact, everytime there an enterprise takes a profit, has the engagement to give to the owner’s share the amount that is due.
SEDITION criminal conduct involving an inducement or incitement of agroup of people against the established or lawful authority. The inducement must be able to provoke a situation (also localized ) of public disorder. From latin ” From latin ” sectus ” = divided / ” ductor ” = leader. In figurative sense, to divide own’s behaviour from the order issued by own’s leader.
SEDUCTION term having more meanings : conduct able to causedisobedience to the lawful authority , conduct able to defraud a person , inducement of somebody to have sexual intercourse (usually relating outlaw sexual intercourse). From latin ” sectus ” = divided / ” ductor ” = leader. In figurative sense, to divide own’s behaviour from the order issued by own’s leader.
SEGREGATION ( RACIAL S. ) policy advocating the separation, of aethnic or religious group from the general population, by means of a set of limitation . Eg : in past time, in some u.s.a. state , there was a limitation to access to some schools for black race people. From latin ” sectus ” = divided / ” aggregare ” = to join. In figurative sense, to divide a group of people from the other group of joined people.
SENATOR member of U.S. upper chamber of the Congress, called ” Senate ” .From latin ” senex ” = old person, having more experience than a young person.
SENIOR MORTGAGE mortgage on real property having a priority over allthe others mortgages . Is also called ” mortgage of first rate “. From latin ” senior ” = older.
SENTENCE in the criminal law, is the judgement issued by a court, after theevidence closing and verdict announcement. The sentence is the outcome of all the procedural activities ( hearing of witness, examination of document ) and usually is motivated . From latin ” sententia ” = opinion ( composed by ” senex ” = old aged person / “ tensus” = directed to , therefore an opinionissued by old person and directed to the others, to the people. In old roman empire, the law court was composed by old aged persons, because having a bigger experience than the young.
SEPARABLE CONTRACT contract divided in more constituent parts . Eachpart has a duty to do a defined performance and ,in eventuality , a defined remedy , because each contractual position or clause is able to be separately interpreted and enforced without reference to any other part. From latin ” sectus ” = divided / “ par ” = share / “habilis” = to be able to. Therefore acontract ( figuratively ) able to be divided in shares.
SEQUESTRATION ( WRIT OF S. ) judicial order issued by a court andauthorizing a court officer to seize the asset of a party involved in a criminal or civil trial. This order is aimed to protect an asset against a possible dissipation, modification or removal. The term has different origin. First , from latin “sequestrare ” = to deposit something . This term is a composed abbrevation of ” secum ” = with him / ” equester ” = society of cavalry, army having a fleet of horses. In old roman empire, the horse was the only mean to use to move the army in the wars. Therefore, a defaulter debtor, was punished by mean of the seizure of own’s horse that was consigned to the calvary, to the army. Also, from latin “secare “= to divide / ” equus ” = horse / ” tractus ” = pulled. In old roman empire, the horses were a spread means of transport used also to work, and if a person was involved in a crime, the law court seized (figuratively “pulled away ” ) the horse owned by defendant to (figuratively) cut the relation between the animal and the owner. As today, in case a person is involved in a car accident in which is possible his liability, the law court can issue an order of sequestration of the car ( in old roman empire replaced by the horse).
SERIAL BOND bond issued in series by a municipal public body or by acorporation and payable and redeemable at agreed or stated time period . From latin ” series ” = succession during a time period.
SERVANT clerk, job involving a position purely executive , involving clericalduty but not managerial skills. From latin ” servire ” = to be useful to another.
SERVICE OF SUMMONS OR SUBPOENA act of delivering a summons,subpoena or other legal document to the person affected. Usually is involving a prescription made by law, by court or other party . From latin ” servire ” = to be useful to another / ” summa ” = ultimate, last / ” monitus ” = warning.
SERVIENT TENEMENT term indicating a parcel of land which is subject toan easement in favour of another parcel of land. From latin ” servire ” = to be useful to another.
SERVITUDE BURDEN obligation of the owner of a land’s parcel to allowthe use of his property by another for a lien or benefit. From latin ” servire ” = to be useful to another.
SESSION series of meeting of a law court or legislature. From latin “ sessio “= a meeting purposed to discuss about a matter.
SETTLEMENT OF DISPUTE resolution of a dispute , arrangement reachedbetween debtor and creditor , conclusion of a law suit by agreement signed by the parties , meeting of a bill, payment of an obligation. The settlement is aimed to avoind the ordinary trial. From latin ” sectus ” = divided / ” tollerare ” = to tolerate. In figurative sense, by means of settlement, theparties involved in a future dispute, is tolerating each other the divided legal positions.
SEVERABLE CONTRACT term indicating a contract which is able to bedivided in a set of reciprocal right, duty or obligations ( the other opposite kind of contract is called “entire” contract ). Therefore each set of duty enjoys a separation in case of enforcement, without reference to the others. From latin ” sectus ” = divided / ” variare “ = to change / ” habilitas ” = possibility to do something. Therefore, in figurative sense, this kind of contract is able to be changed because the performances involved can be divided from the others .
SEVERABLE CLAUSE condition present in a contract or statute, involvinga possible declaration of avoidance or nullity without reference with the other clauses or entire contract . From latin ” sectus ” = divided / ” variare “ = to change / ” habilitas ” = possibility to do something. In figurative sense , changing some circumstances or facts, this kind of clause is able to be divided from the other contract’s clauses.
SEVERALLY LIABLE in the law of obligation, is indicating a legal positionof person who is liable separately and individually from others debtors. From latin ” sectus ” = divided, cut / ” variare ” = to be different. In figurative sense, the legal position of a person is different from the other because the liability is not joined but divided.
SEVERANCE PAY amount of money paid to a worker as compensation forthe end of work relationship. From latin ” sectus ” divided, cut / ” variatio ” = change. In figurative sense, with the worker retirement, there is a change because the work relationship , the ” rope ” binding the employee and the employer, has been cut.
SEVERANCE TAX tax affecting the property of anything extracted from thesoil ( eg: extracted steel ). From latin ” sectus ” = divided / ” variatio ” = differently. In figurative sense, the material extracted (sectus ) from the soil, is a differentiate from the soil.
SHAREHOLDER stockholder in a corporation , legally entitled to join of alien of a portion of company, business or property. From latin ” scindere ” = to separate
SIC term used to indicate a word or phrase in a legal document, exactlyreproduced verbatim ( literally ) from another document. From latin ” sic ” = in this way, exactly in this way.
SIGNATURE CRIME term used in criminology matter to indicate a similarity among others crimes , because perpetrated with the same weapon , or against victim belonging to a certain category or race. From latin ” sic ” = in this way / “cognoscere” = to know. In figurativse sense, as the crime has been perpetrated in a specific way, is easy the acknowledgement of the offender.
SILENT CONGRESS term indicating a situation which the U.S. congress issilent or dormant on an issue, therefore the singular States are allowed to legislate on this issue. From latin ” sic ” = in this way / ” lentus ” = cold. In figurative sense, the cold is representing the lack of energy, of activity , of movement.
SILENT PARTNER person participating in a partnership, sharing in thebusiness proceeds because his investment , but not disclosed this partnership to the public acknowledge. From latin ” sic ” = in this way / ” lentus ” = cold. In figurative sense, the cold is representing the lack of energy , of activity , of movement.
SIMPLE DOCUMENT document being not recorded or not under publicbody seal . From latin ” sine ” = without / ” implex ” = complications . Also from latin “simplex” = sincere.
SIMPLE CRIME criminal conduct not having aggravating circumstances(eg: simple battery ). From latin ” sine ” = without / ” implex ” = complications .
SIMULATED DOCUMENT counterfeited or document, looking to the thirdperson as real document or agreement between parties but not expressing the true and real intent aimed by the parties, because the true intent is deceiving. Eg : a document representing apparently a transfer of property, is deceiving because between the same parties, secretly has been stipulated , has been agreed another contract involving only a leasing but not a property transfer. From latin ” similis ” = equal / ” emulare “= to copy.
SINGLE PUBLICATION RULE in the law of libel, is a rule limiting theplaintiff to bring one cause of action , even if the publications of libellous papers are multiples. From latin ” singuli ” = one / ” publicus ” = of the people / ” actionem ” = operation , action.
SINGLE ENTRY BOOKKEEPING symple system of bookkeeping in whicheach transaction is recorded only once time. From latin ” singuli ” = one.
SITUS OF REAL PROPERTY location or place of real estate ( criteria usedto determine the territorial competent court in case of litigation concerning this real estate ). From latin “situs ” = geographical position.
SLANDER in the law of tort, is describing oral or written defamatorystatement, that can be due by a negligent or intentional conduct. From old greek ” skandaleo ” = to make an offence.
SOCIAL HOST person serving liquors to underaged people, without legalpermit to do. From latin ” sociare ” = to join together / ” hostilis ” = enemy. In figurative sense, a seller of liquors representing an enemy for all the people ( the people is a lot of persons joined together).
SOCIAL SECURITY SYSTEM system of insurance provided bygovernment aimed to assure a minimum welfare state level. Eg: providing of pension or any cash benefit granted to workers upon their retirement. From latin ” sociare ” = to join together /”securitas ” = tranquillity. In figurative sense the system gives the tranquillity to the people in case of need.
SOCIETY ( LAW S. ) association of lawyers having common interest andpurpose, and usually having disciplinary powers to his members. From latin ” societas ” = group of people having common interest.
SOCIETY ( LOSS OF S. ) term used to indicate a damage suffered by afamily’s survivors after the death of one of his member, and therefore is allowed a compensation . From latin ” societas ” = group of people having common interest.
SOLE CUSTODY custody order issude by court and entrusting the custodyof a child exclusively to one person . From latin ” solus ” = alone, lonely / “cum ” = with / “studiose ” = diligence .
SOLE COMPANY individual company , company owned and conducted byone person who has liability for all company obliga tions. From latin ” solus ” = alone, lonely / “cum” = with / ” panis ” = bread. ( In old roman empire the simply fact to divide the lunch or dinner moment with another person, was symbolically meanings a joining of common interest and target to reach ). Another meaning : from latin ” cum ” = with / ” pagina ” = page. In figurative sense , a company is a book made by a lot of page, one joined with another, and having a common sense. Also from latin ” compages ” = structure, connexion, joining among persons. In fact, a company is firm made by a lot of persons joined with the aim to product and sell goods.
SOLICITATION requesting or pleading for , pushing someone to purchasean article or to do a business transaction , to incite someone to commit a crime. From latin ” sollicitare ” = to encourage ( composed by ” suus ” = own / ” licere ” = to offer a piece of something) . Eg : in a committment of a robbery ,the solicitation maker , is offering to the executor a sum of money as reward .
SOLICITOR title empowering the holder in two different way between U.S.Aand U.K. In U.S. the solicitor is the head of municipal legal department. In U.K. is the lawyer not appearing in court but performing service as advising or consulting. From latin ” sollicitare ” = to encourage . In figurative sense, is encouraging the continuation of investigation, or the examination of a case by a court. The latin verb ” sollicitare ” is meaning to take care of. In this sense the solicitor is a clerk taking care of a legal problem
SOLITARY CONFINEMENT MEASURE measure involving the isolationof one or more prisoners from the others. From latin ” solus ” = alone / ” cum ” = with / “ finitum ” = delimited in a place.
SOLVENCY ability of a person or company to meet all his debt orobligations, because having sufficient resources or assets. From latin ” solvere ” = to perform . This latin verb is also meaning ” sciogliere un nodo “.In figurative sense, an obligation is a rope with a knot ( a lump ) binding two parties, and the performance of an obligation involved in a contract is loosening up this knot.
SOURCE OF THE LAW various documents as law, statute, constitutionalprovision and , in common law countries, also the a judicial decision is able to produce a rule to be followed and enforced. From latin ” surgere ” = to rise up, to get up.
SOVEREIGN NATION term indicating the indipendence of a nation fromothers, therefore the sole power to issue laws, rules and regulate the taxation. From latin “supra ” = over / ” regnum ” = absolute power. Therefore absolute power over the people. Also from ” supra ” = over / ” rex ” = king / ” agnitio ” = recognisance, therefore the sovereign is a person recognised asking over the people.
SOVEREIGN IMMUNITY PRINCIPLE doctrine advocating theimpossibility to sue a nation in its own court , unless there is the nation’s consent. From latin From latin “supra ” = over / ” regnum ” = absolute power. Therefore absolute power over the people. Also from ” supra ” = over / ” rex ” = king / ” agnitio ” = recognisance, therefore the sovereign is a person recognised as king over the people. Immunity is coming from ” in ” = not / ” munus ” = duty . Therfore, not having duty to answer for his actions.
SPECIAL ADMINISTRATOR person appointed, usually temporarily, asadministrator to serving a court or for a specific purpose . Eg : an administrator of a deceased person’s estate, waiting the appointment of the will executor, administrator of company in bankruptcy, receiver. From latin ” specialis ” = particular / “ ad ” = by / “ministrare ” = to serve. In figurativesense, the minister is a server , a performer of a task , as the minister is a server of his nation.
SPECIAL APPEARANCE appearance by a party to an action only for thepurpose to challenge the court’s jurisdiction. From latin ” specialis ” = particular / ” apparere ” = appear (in court ).
SPECIALTY PRACTICE practised which is specialized a lawyer in his activity. Eg: lawyer specialized in torts law . From latin ” specialis ” = particular / from old greek ” pragma ” = matter, reality.
SPECIFIC term used in law to indicate that a thing, a person , a law isapplied or is belonging to a specific category or branch. Eg : specific intent is concerning a conduct aimed to do a particular offence , well knowing the consequences of his conduct. Other example : specific lien, specific performance, specific legacy . From latin ” specialis ” = particular / ” facere” = to do.
SPECULATIVE BUSINESS business in which a person is enterd withoutcertainty a good outcome , but base only on an hope . From latin ” spes ” = hope / ” oculum ” = sight.
SPECULATIVE JUDGEMENT judgement issued by a jury , base purely onbasis of questionable evidences or doubtful documents, therefore having a characteristic of uncertainty. From latin ” spes ” = hope / ” oculum ” = sight. Therefore judgement based on evidences looked by the jury as doubtful but that the jury hopes will be allowed by court.
SPECULATIVE COMPENSATION amount of money awarded on anuncertainty determination of the effective loss. From latin ” spes ” = hope / ” oculum ” = sight. Therefore, a compensation claim because the damagedparty is seeing forward an hope to get a better amount of money as compensation.
SPENDING REVIEW term used in politics matter to indicate aretrenchement in the public erogation of money, to support all the public activty (eg : financial support to the public schools, to the army ). From latin ” expendere ” = to pay out.
SPENDTHRIFT TRUST trust created with specific purpose to impede to apossible imprudent beneficiary , the waste of asset . In fact the assets under a spendthrift trust can not be reached or attached by a beneficiary’s creditor to satisfy a debt. From latin “expendere ” = to pay out / ” tropheum ” = prize given with the aim to premiare for a good thing or activity done. In modern italian language the ” trofeo ” = is a symbolic prize , a reward given to a race winner.
SPOLIATION alteration or destruction of a contract, a document , anevidence, a will. In italian legal system, this term is used in the civil code to indicate the dispossession of a owner of his property in case of seizure or usucaption. From latin ” spoliare ” = to strip, to undress. In figurative sense, with the spoliation, the document has not more the legal validity which formerly was vested.
SPONSOR person who supports the performance, the activity , the work ofan author. Eg: an editorship company is the sponsor of book, publishing it. From latin ” sponsum ” = guaranteed. In figurative sense, the expences for a work or for advertisement concerning the work or performance, are guaranteed by the sponsor.
SPONTANEOUS DECLARATION statement made under impulse , madeon one’s own free will , therefore in absence of external pressure or influence. From latin “sponte” = will.
SPURIOUS DOCUMENT false document , illegitime paperfor, documentcounterfeited but appearing true. In italian civil code the term is used to indicate a child born out of a marriage relationship ( spurious son, spurious daughter ). From latin ” spurius ” = illegitimate child, son of a unknown father.
STAKEHOLDER person entrusted to hold temporarily a property claimedby more person, until this property right will be entitled to a specific person. In case of property right claimed on a land, is also need to wait the determination of the boundaries of this land, made by surveyour appointed by the court. From old italian ” steccatus ” = a lot of poles put inside the land as a line and aimed to delimite its boundaries.
STARE DECISIS principle used by british and american legal system andindicating a decision issued by a superior court that, when a case in the future will be the same element of matter and the same issue, the court of equal or inferior level must follow the opinion of superior court. Summarily the stare decisis is the rule pushing the lower court to issue a judgement in adherence to a judicial precedent. From latin ” stare ” = to stand / ” decisum ” = settled , established.
STATE existing condition attributed to a person or a thing, political entityoccupying a defined territory and made by a group of people being under the same public authority. From latin ” status ” = position, situation.
STATE AGENCY public entity or official department of a State for thepurpose to carry out the executive public function of the State. From latin ” statuere ” = to establish / “agere” = to take care of . Therefore, an agency isan institution taking care of the established power represented by the state’s power.
STATE’S EVIDENCE TURNED term indicating a person who wasparticipating in a crime or usually in a criminal organized association that , on exchange of the immunity or lessening of punishment, is accepting to testify for the State in criminal prosecution. From latin ” statuere ” = to establish / ” evidentia ” = clarity, clearness / from old italian “tornare ” = to come back.In figurative sense, a person becomes a thing that is making chiarezza (about the crimes perpetrated) in favour of the State interest.
STATEMENT written or oral declaration or assertion , financial record .From latin “statuere” = to establish.
STATEMENT ( FINANCIAL S. ) statement showing at a given date, thefinancial condition and the entire course of activities of company and his relative businesses. From latin “statuere” = to establish .
STATUS legal condition or position of a physical or artificial person asdetermined by law (eg : civil status, refugee status ). From latin ” status ” = position.
STATUTE LAW law enacted by a legislature or any public body having alegislative function (eg : board of a department, public commission ) as granted by constitutional or parliamentary provision. From latin ” statuere ” = to establish. Therefore established by a legislative power (legislature = from latin “legis ” = of a law / ” lator ” = bringer. Therefore, in figurative law, bringer or maker a proposal of a law ).
STATUTE OF LIMITATIONS set of laws imposing a time limit for thecommencement of a prosecution, an action , an appeal. Eg : in criminal law, the time limit for begin the prosecutional act is accruing since the date in which the crime has been committed. From latin ” statuere ” = to establish / ” limitis ” = of the boundaries.
STATUTORY ACTION action created , regulated or enacted by a statute,therefore by the legislature and not by jurisprudence (as usually in common law countries ). Eg : a statutory foreclosure is a proceeding for impound the interest of a mortgagor without a formal judicial proceeding. From latin ” statuere ” = to establish.
STAY ORDER executive order issued by court and involving a temporarysuspension of some act , activity , proceedings or sometime involving a restraint. Eg : automatic stay against all creditors , imposed by a court , upon the filing of a petition in bankruptcy. From latin ” stare ” = to stand.
STET abbreviation of stet processus , order issued by court and involving astay of all proceedings in action. Some time is indicating also the voluntary abandon of an action by a plaintiff. From latin ” steti ” = stopped ( verb ” sistere ” ).
STIPEND fixed sum of money periodically paid as compensation for theservice given (usually indicating a continuous service ). From latin ” stipendium ” = wage , or also from “ stips ” = a small amount of money.
STIPULATION entering into an agreement , making of concession orreaching of an agreement upon contidions or terms, usually by means of a specification of a proposal. From latin ” stipulatus sum ” = due, duty
STIPULATION OF FACTS agreement reached between the parties as to some facts bearing on the issue, therefore without need to give evidence for this facts. From latin “stipulatio ” = verbal agreement .
STRICT CONSTRUCTION judicial interpretation of a law or legaldocument, following literally the reading of the words used in the draft of the document. From latin “strictum ” = bound / ” cum ” = with / ” structum ” = disposed, prepared. In figurative sense, the range of activity of a law has been disposed with strictness.
STRICT FORECLOSURE ORDER judicial order involving theestinguishment of a mortagagor’s right . From latin ” strictum ” = bound / ” clausus ” = closed place. In figurative sense, a good charged with a mortgageis keept in a closed place therefore in custody untile the fulfilment of the performance.
STRICT LIABILITY PRINCIPLE principle present in the law of torts whois imposing a liability also in absence of a direct fault or negligence . Eg : strict liability is imposed to a person that was not able to avoid damage caused by own’s cattle. From latin “strictum” = bound.
STRICT SCRUTINY term indicating a deep examination of a law before tobe enacted, as the matter is affecting fundamental rights of the citizens. From latin ” strictum ” = bound / ” scrutari ” = to examine.
SUBCONTRACT contract stipulated between one of two parties and a thirdparty . The former party has an agreement with the third , usually after a notification to the second original party. Eg : in leasing contract upon a land, the tenant , with the consent of the owner, make a stipulation with a third party who is engaged to do some improvement to this land. From latin ” sub ” = under / ” contrahere ” = to join. In figurative sense , to join the opposite interest of two parties, under the joined interest of the principal contractors.
SUBDIVISION OF A LAND sharing of a land in some parcel , usuallyaimed to construct a several building over this land. From latin ” sub ” = under / ” dividere ” = to share.
SUBJECT OF AN INQUIRY person or things under control or examinationmade by prosecutor’s office. From latin ” sub ” = under / ” jactum ” = examined. Therefore , under examination .
SUBJECT MATTER JURISDICTION term indicating the power of aparticular court to decide a litigation concerning a specific matter , regardless for its territorial or worth competence of litigation. Eg : a bankruptcy court has a limited competence regarding the matters dealed by bankruptcy code, regardless the value of the debtor’s asset. From latin ” sub ” = under / ” jactum ” = examined / “ materia ” = argument, matter.
SUB JUDICE under the authority of a court. From latin “ sub ” = under / “ judice ” = judge.
SUBMISSION OF ( S. OF MATTER, S. OF DOCUMENT) to present amatter, an issue or a document to a court, consenting its jurisdiction and allowing it to reach a decision . From latin ” sub ” = under / ” missus ” = task. Therefore the task is to send the document under examination of the court.
SUB MODO subject to a condition or qualification . From latin “ sub ” =under / “modus” = way.
SUBORDINATION OF PAYMENT putting off the satisfaction of one debtuntil another debt will be paid, delaying of satisfaction of an obligation because another obligation has a priority to be satisfied. From latin ” sub ” = under / ” ordo ” = condition.
SUBORNATION inducement of someone , in secrecy, to commit anunlawful act usually with a promise of unlawful advantage ( eg : subornation of perjury ). From latin ” sub ” = under / ” ornatum ” = prepared. In figurative sense, the contents of a testimony is prepared by a person being under the witness.
SUBPOENA document compelling a witness to attend the process andpurposed to give a testimony , document compelling a party to product an evidence. From latin ” sub ” = under / ” poena ” = punishment. In old roman empire , a person called to serve a testimony and not attending it, was subject to a penalty.
SUBROGATION OF A CREDITOR substitution of one creditor withanother. Eg: in presence of two parties, an obligor and an obligee, a third party who has a credit right to be claimed against the obligee, makes a removal ( in figurative sense ) of the obligee and substitutes the obligee with himself. Therefore the obligor will fulfil his performance in favour of the third party ( the new creditor , as substituded of the original creditor ). From latin ” sub ” = under / ” rogatus ” = ask. Therefore, under (after) the inactivity of the principal creditor, takes his place and ask to the debtor the performance.
SUBSCRIPTION signature put at the bottom or at the side of each page of adocument, aimed to indicate one’s assent , acceptance or approval of the document contents . Also is indicating the approval to participate, by means of payment in money or in kind, for the creation of a corporation’s stock. From latin ” sub ” = under / ” scribere ” = to write ( to put own’s signature on a document).
SUBSEQUENT CONDITION in the contract law, is indicating any futureand probable event or contingency which, by present agreement of the parties , will discharge from a duty the party who will be vested. Eg : a resolutory condition of a contract stating that both the parties has to perform own’s duty in a certain date. From latin ” sub ” = under / ” sequi ” = to follow. In figurative sense, the condition will be enforced but only following the event happening.
SUBSIDIARY COMPANY company (called ” daughter company ” ) having astock who is partially or entirely controlled by another greather company (called ” parent company”). From latin ” sub ” = under / ” assiduitas ” = surveillance. In figurative sense, the daughter company is under the surveillance of the mother company.
SUBSIDY amount of money granted usually by the government and aimed to promote the development of a company newly created. From latin ” sub ” = under / ” assiduitas” = surveillance . Therefore under the government surveillance.
SUBSTANCE OF CONTRACT essential part of a claim or right. Term usedto distinguish it from the form of contract. Eg : a contract defective in form, can be enforced if it has an adequate substance. From latin ” sub ” = under / ” stare ” = to stand . In figurative sense, the basis or the ground of contract.
SUBSTANTIATE EVIDENCE evidence having a persuasive strenght ,reliable evidence supported by grounds. From latin ” sub ” = under / ” stare ” = to stand. Therefore an evidence having a ground standing under itself.
SUBSTANTIVE DUE PROCESS limitation imposed by U.S. constitution.According to it, every singular State has to adopt the due process clause of 14 th amendment , a set of procedural rules conducting to the law issue. This clause must be every followed in every law or statute adopted. Therefore, the substance of every law must have a certain compliance to the 14 th amendment of Constitution. From latin ” sub ” = under / ” stare ” = to stand.
SUBSTANTIVE LAW term indicating a law that defines what is right , anobligation or a rule, differently from a procedural law , that gives instruction about the process to be followed to enforce a substantive law. Eg : criminal code is a set of law explaining the forbidden conduct and relative punishment, instead the procedural criminal code is containing a set of rule giving instructions about the due course of a trial . From latin “sub ” = under / ” stare ” = to stand. There fore the rule standing under the law provision.
SUBSTITUTED ADMINISTRATOR company administrator appointed toreplace another (usually after dismissal or resignation ). The term “substituted ” is also used to indicate any right or person used in place of something or somebody. Eg : substitute beneficiary, sustituted party in a process. From latin ” sub ” = after / ” institutum ” = nominated. Therefore an administrator appointed after the removal or resignation .
SUBSTITUTED SERVICE notification service made leaving a summons document to a different person that the named party of trial (eg : the mother of the respondent ). From latin ” sub ” = after / ” institutum ” = nominated.
SUBTERFUGE conduct consisting in an avoidance of responsibility due toone’s action. Eg : in a complicity in a crime made both by an adult and a child, to charge with the crime perpetrated only the underaged child , because the law allow a reduction of liability and consequentially of punishment for the underaged criminals. From latin “subterfugire ” = to avoid ( the punishment ).
SUBVERSIVE ASSOCIATION association having as target the attack andconsequential destruction of the institutional power of a country as for example the governmenet, by means of the murder of a minister. From latin ” sub ” = down / “versare” = to push. In figurative sense, to push down the
SUCCESSION acquirement of property or interest from a decedent , by willor intestacy. The acquirement usually is involved the payment of the succession tax ; to come into a title or office, after the resignation or dismissal of former keeper ; From latin ” sub ” = after / ” cedere ” = to abandon. In figurative sense, the decedent is abandoning own’s goods and property after his death.
SUCCESSIVE INDICTMENT series of indictment following the mainindictment of the same defendant for the same crime, that usually will be separated by an order of a new trial. From latin ” sub ” = after / ” cedere ” = to pass to.
SUDDEN EMERGENCY DOCTRINE doctrine advocating the existence ofmitigating circumstance when the defendant has been compelled to do a wrongful act or have a conduct regarlessly for a rule, in case of emergency. Eg : the sudden crash between two ships and the careless had for the rescue of the ship. From latin ” subitus ” = immediately / ” additus ” = added. Therefore, a fact happened immediately after another fact.
SUFFERANCE ( TENANCY AT S. ) land tenancy continuing over the expiry date of a lease contract , when the land owner is failing to take an eviction legal action against the tenant. From latin ” sufferre ” = to tolerate.
SUFFICIENT CONVEYANCE DEED deed conveying exactly the titlespecified inside it and required by the contract of sale, therefore all the terms and conditions needed to reach this kind of contract. From latin ” sufficiere ” = to be enough.
SUFFICIENT EVIDENCE evidence adequate to support a verdict issued bya jury or a fact examined by it. From latin ” sufficiere ” = to be enough
SUFFICIENT SURETIES sureties on a bail bond with enough resources tosatisfy the condition of the bond. From latin ” sufficiere ” = to be enough / ” securitas ” = tranquillity.
SUFFRAGE RIGHT right to vote in an election , exercise of active electoralright . From latin ” suffragari ” = to support.
SUGGESTIVE QUESTION term used in trial to indicate a question madeby lawyer to a witness, with intent to stimulate a particular answer. Eg: a lawyer asking to the witness asks as ” you had the acknowledgement of the fraudulent conduct because a lot of time ago you was a gambling player , isn’t true? ” From latin “sub ” = under / ” gestus ” = sign, signals / ” quaestio ” = ask . Therefore, under the question there is a signals meaning something.
SUICIDE CLAUSE in a life insurance policy is a provision limiting theinsurance company liability to the payment of sum agreed in policy, in case of suicide by the assured . From latin ” sui ” = himself / ” caedere ” = to kill.
SUITOR party to a law suit .From latin “ sui ” = him self / “ iutum ” = usefulto ( from the verb ” iuvare ” ). In figurative sense, a party in a law suit is trying to expose all the evidence that could be useful to him.
SUMMARY PROCEEDING proceeding conducted without the usualformalities, without jury and aimed to get suddenly a disposition or a sentence. Sometimes this term has a negative meaning. From latin ” summa” = in total, on the whole.
SUMMATION conclusory statement or closing speech made by a lawyerafter the evidences examination having argument favorable to his client. From latin ” summa ” = ultimate, in the peak / ” actio ” = operation, action. In fact , in a trial, the closing speech is the last act made by lawyer before the issuing of decision by the court.
SUMMONS written notice advicing a party to a civil action (some time also awitness )to appear in court and respond to the notice within a specified (usually also short ) time period. From latin ” summa ” = last / ” monitus ” = warning. In fact the summoning is the last warning made by a party before the commencement of a trial.
SUPERIOR COURT court having an hier rank, a more important position ,a major authority. From latin ” supra ” = above, over ( the others inferior courts).
SUPERIOR LIEN lien having authority over others liens, lien having apriority among the other liens. From latin ” supra “= above, over (the others lien having a inferior rate) / “alienatio” = to transfer a property . In fact , for example, the mortgage is a temporary virtual transfer of ownership right.
SUPERIOREM NON RECOGNOSCENS latin phrase indicating the rule ofthe absolute power of a State over his citizens and the indipendence from others nation. From latin ” supra ” = above / ” rem ” = thing / “non ” = not / ” cognoscere ” = to know. Therefore an institution (the State) that doesn’t know another institution with a power positioned above him. Some exception to this rule , are in some limitations of sovereignity which can be tolerated (eg : the Italy is an indipendence State but, according the Union European agreements it has to tolerate the ingerence of this last institution regarding some matters as public debt maximum rate or building regulations).
SUPERSEDEAS ORDER order commanding a stay of proceeding orexecution of another order, as for example is the order issued by an appellate court about an order issued by a lower court, until the end of the appeal trial. From latin ” supra ” = above, over / “assidere” = to sit.
SUPERVISING OFFICER person authorized to take a deposition , acting asan inspector and controller of others’ activity. From latin ” supra ” = above , over / ” visio ” = sight / “officium ” = due, duty, task , compulsory task.
SUPERVISING JURISDICTION jurisdiction which is empowered anappellate court and concerning the judges of lower court . In fact an appellate court has the power to regulate the activity of the inferior courts,also about the disciplinary measure. From latin ” supra ” = above , over / ” visio ” = sight.
SUPPLEMENTAL PLEADING pleading of new matter , attached to themain or original complaint and following it, as an integration or expansion. From latin ” supplere ” = to fill up / ” mentio ” = proposal / ” placere ” = to make a proposal.
SUPPLICANT PARTY a party claiming a judicial relief or remedy. Fromlatin ” supplicare ” = to pray with intensity . Term composed by ” supra ” = above / ” plicatus ” = stuck. In old roman empire the document containing a claim direct to the examination of a magistrate , had as first page, over the entire file, a stuck leaf with the main question or remedy claimed.
SUPPORT ORDER order issued by a court and aimed to provide a supportby means of liveihood for a divorced person or children of divorced couple. From latin ” sub ” = under / ” portatus ” = brought. In figurative sense, a mean used to give an economic sustainance to a family (sustainance : ” sub ” = under / ” tenere ” = to keep. Therefore to keep a family from the basis).
SUPPRESSION OF EVIDENCE BY A PROSECUTOR exoneration forthe defendant to disclose an evidence favourable to him , because deemed as already proved by the prosecutor. From latin ” supprimere ” = to press down.
SUPPRESSION ( LAW OF S. ) law imposing the cancellation of a formerlaw from legal system. Eg: in Italy, a law cancelling the small claims court called “preture ” and instituting the so called ” peace judge’s office ” . From latin “supprimere ” = to press down.
SUPREMACY CLAUSE constitutional provision (of U.S. ) declaring theconstitution the supreme law , and giving to a federal law the priority of importance over the laws issued by singular States. From latin ” supra ” = above / ” actio ” = operation.
SUPREMACY OF LAW term indicating the priority of the rule of law ,thatmust be respected by every citizen or agency. From latin ” supra ” = above / ” emerere ” = to carry out a task. In fact the law has a duty to carry out a taskof an higher importance than the others sources of right (eg : regulations or consuetudinary sources).
SUPREME COURT state court having the higher and ultimate authority inU.S. legal system ( in case of issue of federal law , is called United States supreme federl court ). From latin ” supra ” = above / ” emerere ” = svolgere un compito. In fact, the supreme court is carrying out a task of an higher importance than the others court.
SURCHARGE charge of a penalty imposed to a fiduciary or trustee ascompensation for his failure, negligence or lack of performance of a duty. From latin ” supra ” = above / “carrus ” = a four wheeled vehicle brought by horses , used in the old roman empire. In figurative sense, the goods or items loaded in ” carrus ” is representing a duty , a burden loaded, and the penalty is meaning an increase in the weight of the loaded goods.
SURETY in the U.S. commercial code is a term indicating a person becomingresponsible for debts, obligations, defaul or breach of contract made by another (the principal debtor). From latin ” securitas ” = tranquillity.
SURPLUS ( EARNED S. ) result resulting from the operations of thebusiness , deducted loss and distributions of earning to the stockholders. From latin ” supra ” = above, over / ” plus ” = more Therefore more money remained after the distribution.
SURPLUS PROCEEDS amount of money remaining after a sale of a real estate under mortgage, in case the proceeds is over the worth of mortgage. Eg : the worth of mortgage is 40.000 $ but the amount earning from the sale of relative real estate is 50000 $. The surplus proceeds in 10.000 $. From latin ” supra ” = above, over / “ plus ” = more. Therefore more money remainedafter the sale.
SURPRISING WITNESS witness that, during a testimony, is speakingabout new and unexpected facts or circumstances , astonishing the party and the lawyers that know this matter for the first time. From latin ” supremus ” = almost at the end, almost completed / ” apprehensum ” = understood. In figurative sense, the witness is telling about matter understood at the end of the trial, when the trial is almost completed.
SURRENDERING delivering a prisoner into custody (s. of a prisoner ),abandonement of a claim or right ( eg : debt claim surrended ), delivering oneself to the police (eg : wanted criminal ). From latin ” suus ” = own (right or property) / ” reddere ” = to give back.
SURROGATE DEBTOR in case the principal debtor is in default, thesurrogate debtor is that appointed (usually just by the principal ) to act for him. From latin ” subrogatus” = substituted ( ” sub ” = after / ” rogatus ” = asked . In figurative sense , to ask the performance to the surrogate debtor, after has been asked to the principal) .
SURVIVAL ACTION action brought by the personal representant or heir ofthe decedent (originally being the party ) aimed to recover damages or losses suffered by the decedent (consequence of an injury ). From latin ” supra ” = over / ” vivere ” = to live. Therefore action brought by survivor , living over the decedent’s death.
SURVIVORSHIP RIGHT OF TENEMENT right of a new tenant who hasbeen entitled of the tenant’s right, after the death of former tenant. From latin ” supra ” = above / “vivere” = to live . Therefore , to survive above the others right.
SUSPECT PERSON person usually under custody of surveillance, because believed to have committed a crime. From latin ” supra ” = above / ” pectum” = soul, mind. In figurative sense, a suspected is a person which the guilt is not proved but kept in mind, in soul.
SUSPEND AN OFFICER ( TO S.) to put a ban against an officer for a timeperiod, therefore consisting in a temporary prohibition of attendance of office or performance of his normal duty or function . From latin ” supra ” = above / ” appendere ” = appendere. In figurative sense, the uniform of an officer is taken off and hanged to the wall for a time period.
SUSPENDED SENTENCE in criminal law is a sentence which executionhas been temporarily suspended because personal circumstances is suggesting this decision (eg : a case which the convicted defendant is a woman in pregnancy state ) . From latin “supra” = above / ” pendere ” = appendere. In figurative sense, the sentence is a dress and the convicted is not vested with the burden to serve a sentence (the dress ) for a time period.
SUSTAIN ORDER order issued by an appellate court in supporting thedecision issued by a lower court, act of a judge in approving an objection to testimony or evidence. From latin ” sub ” = under / ” tenere ” = to keep. Therefore, to support a decision, to keep from the basis the decision.
SYLLABUS document which is describing the contents of a course of studyor other course offered by school or university. In Italy is called ” piano di studi ” : literrally “plane of studies ” . Eg: first year exams of law school : constitutional law, sources of law, criminal law or alternatively the student can choose civil law, commercial law. From latin ” sulcare ” = to track / ” labos ” = work , task. In fact the syllabus is , figuratively, the road of the studies ( student task ) tracked and followed by the student . Or also from latin ” supra” = above / ” labium ” = lips ( a lot of word representing the intention of the student ).
SYMBOLIC DELIVERY term indicating , in a buysell contract orconveyance contract , the delivery of an object representing a symbol of the whole property. Eg: a person buys an house, and the seller gives to him the key of the entrance door. From latin ” symbolus ” = sign , mark.
SYNDIC public officer having duty or function similar to a magistrate of alower court, legal representative of a business enterprise. In Italy, the mayor is called ” sindaco ” or “primo cittadino ” ( first citizen ). From old greek ” syn ” = with / ” dike ” = justice. In the old greece , the syndikos was a kind of legal assistant , therefore a person acting with justice.
SYNDICATE group of person organized to manage a business enterprise. InItaly instead, the ” sindacato ” is a trade union organization of labourers or employee. From old greek ” syn ” = with / ” dike ” = justice. In the old greece , the syndikos was a kind of legal assistant , therefore a person acting with justice.