Latin for Lawyers

SEQUESTER

shall become permanent. A separation agreement is an agreement between husband and wife providing for separate living arrangements, for the custody of children, for visitation rights, for support and for other matters of mutual interest. Separation from service is the termination of military service by a soldier or sailor. Separation of powers is the division of governmental func tions in the U.S. Constitution into legislative functions (the Congress); execu tive functions (the President); and judicial functions (the Supreme Court and the other federal courts). SEQUESTER [L. sequestrum / a deposit (from sequestrare / to deliver to a trustee or agent)] To set aside. To place in the custody or care of another. Also, to seize under a writ of sequestration . To place in seclusion or isolation, as to sequester a jury during its deliberations. A witness may also be sequestered to prevent access or influence by others before and during his testimony. SEQUESTRATION [L. see SEQUESTER ] A judicial writ authorizing a court officer to seize the assets of a party to compel compliance with a court order or to protect the party’s assets from removal or dissipation. In an action of ejectment, the collection of rents and profits by the court pending the outcome of the action. In a matrimonial action, the seizure of a husband’s property to secure the payment of support and maintenance. SERIAL [L. series / a row, succession, chain] Occurring in a row or in successive parts or numbers. Belonging to a group of dates or events maturing at regular intervals. Serial bonds are bonds of a municipality or corporation issued in a series and payable or redeemable at stated intervals. A serial killer is a person who commits a series of murders. SERIATIM [L. sero , serere / to join together, place in a row] In regular order, successively, one by one, separately, as in “the court will consider the parties’ motions seriatim .” SERVANT [L. servio , servire / to be a slave ( servus / slave)] Anyone in the employ and subject to control and direction of an employer or principal. Generally, a person who performs duties which do not require dis cretion or managerial ability.

See AGENT, RESPONDEAT SUPERIOR SERVICE [L. servio, servire / to be a slave]

The act of delivering a summons, writ or other judicial document to the per son affected or of transmitting the required notice by some other means pre scribed by law or court rule. Also, work or labor performed by one person for

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