Latin for Lawyers

L ATIN FOR L AWYERS

which provides that if any part of a statute (or contract) is declared void or invalid, the remainder will not be affected and will remain in force. The sav ing to suitors clause is a clause contained at 28 USC §1333(1) entitling mari time claimants to proceed in the state, instead of the federal, courts. SCANDAL [L. scandalum / stumbling block, interference, offense (from Gr. skandalon )] Conduct that causes a loss of face by the perpetrator and loss of faith in the observor. Loss of reputation because of some act which offends the public’s standards or conscience. Disgrace. Also, malicious gossip, report or innu endo. SCANDALUM MAGNATUM A term formerly used in England to define the slander of important men, e.g., judges, peers or cabinet officers. The punishment for scandalum magnatum was more severe than for slander of lesser citizens. See SLANDER SCHEDULE [L. scheda / a strip of papyrus bark; a leaf of paper] A written statement, especially one attached to a legal document setting forth or listing data which is supplemental to but incorporated by reference in the principal document. A list; an inventory. To fix the date or time of. To incor porate in a list of items. In bankruptcy law, one of a set of lists which must be completed and filed by the debtor setting forth his debts and assets, the names and addresses of his creditors, whether any of his assets are exempt, etc. SCHEME [L. schema / shape, figure, form] A graphic sketch or design. A plan or outline for future action. A systematic and organized blueprint for conduct. The organization or combination of ele ments into a connected and integrated whole. Also, a crafty or unethical sug gestion or plan. A plot. SCIENTER [L. scientia / a knowledge, a knowing of (from scire / to know, be aware)] Knowledge; previous knowledge; “guilty knowledge.” Knowledge and appreciation of the nature of one’s acts or omissions. Scienter is a necessary element of many crimes and may be considered the equivalent of criminal intent. In some cases, especially cases in which a crime is created and defined by a regulatory statute, scienter need not be proved. Scienter in cases based on fraud is the intent to deceive or mislead. Scienter is especially important in corporate securities law, which equates scienter with intent to deceive or defraud.

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