Latin for Lawyers

L ATIN FOR L AWYERS

tence which has minimum and maximun limits; the exact length is fixed not by the court but by a parole board. Sentences may run concurrently or con secutively. Sentencing guidelines are rules promulgated by a commission of judges providing classifications for crimes and suggested terms of punish ment for each class. A sentence of nullity is a judicial determination that a marriage is null and void. SENTENTIA [L. thought or opinion] An opinion, decision or judgment. Also, the meaning derived from a set of connected words. SEPARABLE [L. se + paro , parare / to prepare, make ready, provide; separare / to sever, separate] Capable of being separated into component parts. Divisible. A separable contract is a contract which is divided into a number of constituent parts, each part defining performance and remedy in such a way as to permit it to be separately interpreted and enforced without reference to any other part. A separable controversy is a controvery which can be disengaged from and tried independently of all other claims in an action. To qualify for removal from a state court to a federal court, a controversy must constitute a “separate cause of action.” If any one controversy qualifies for removal, the federal court may try all the issues between the parties or it may determine only the claim or claims which qualify for removal and remand the rest to the state court. See SEVER SEPARATE [L. separare / to sever, separate] To divide or put apart. To dissolve. To move apart, as in: Joe and Ethel have separated. Separate counts are distinct and different criminal offenses charged in a single indictment; also, the recitation in a complaint or petition of individual and distinct causes of action between the same parties. Separate maintenance is the support paid by one spouse to the other during separation. A separate opinion is the dissenting or concurring opinion of one or several judges which is not adopted or approved by the majority of judges. Separate property is the unique property of one of the spouses in a community prop erty state; or, in all other states, property of one spouse which is not marital property. The seperate property may consist of property acquired before mar riage or property acquired by gift or inheritance after marriage. SEPARATION [L. separare / to separate] The state of being separate or apart. The condition of existing apart. The end of cohabitation by a husband and wife, either by the voluntary departure of one or by mutual agreement, generally with the intent that the separation

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