Latin for Lawyers

SIGNATURE, SIGNATORY

SIGNATURE, SIGNATORY [L. signo , signare / to mark, inscribe, stamp] A mark or writing on a document which is intended to establish the intention of the person making the mark to be bound by the terms of the document or to authenticate the document as one which the person adopts for himself. Also, the act of placing such a mark or writing upon the document. A signatory is the person who affixes his mark or name to a document. In the case of per sons who are not able to write their names, a mark such as an X or a finger print, will generally suffice. In some cases, a signature may be inscribed by a proxy, i.e., a person authorized to place his or her signature upon the docu ment by the party intending to be bound, as by a shareholder in a corporation who authorizes his proxy to attend a meeting or to cast a vote. SIGNATURE CRIME A crime committed in a way or by means so similar to those used in another crime as to suggest the work of a single criminal. The similarity may lie in the weapon or instrument used, in the occupations of the victims (doctors in an abortion clinic; prostitutes, etc.) or in other distinctive patterns. The courts will often allow evidence of these patterns in contradiction to the general rule against the admission of evidence of prior crimes. SI JUDICAS, COGNOSCE [L. si / if + iudico , iudicare / to judge + cognosco , cognoscere / to know, get to know] If you (presume to) judge, you must first know and understand. SILENCE, SILENT [L. silens / still, calm, silent; silentium / stillness, quiet] Silence: The absence of sound or noise. A forbearance from speech or com ment, whether deliberately or inadvertently. Secrecy. The failure to reveal a fact or circumstance which, if disclosed, might affect the actions or conduct of others when there is a duty to reveal. Silence may signify acquiescence or result in estoppel or waiver. Silent: The act of withholding speech or com ment, or of making no disclosure when disclosure is required. Also, the fail ure to act or legislate. When Congress is silent on any issue, for example, the states may generally proceed to legislate on that issue. A silent partner is a partner who participates in a partnership by investing and sharing in the part nership business but who does not disclose his participation to the public. SIMILITER [L. in like manner, similarly] A formal written statement in which a party accepts the facts contained in a pleading by the adversary. A joinder of issues. SIMPLE [L. simplus , simplex / simple] Innocent; free from guile. Humble, modest. Lacking in knowledge or mental facility. Free from secondary consequences or implications. In law, simple

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