Latin for Lawyers

L ATIN FOR L AWYERS

SPECIALIA GENERALIBUS DEROGANT Special words or phrases circumscribe or restrict the impact or meaning of more general terms. SPECIALTY [L. specialis / individual, different] A distinctive mark or quality. A document under seal, e.g., a specialty con tract or mortgage. In real property, a building with so specialized and unique a purpose as to make it difficult or impossible to convert it to general or dif ferent use. Also, a branch of a trade or profession practiced by individuals who are specially trained or certified. Examples: a doctor may practice the specialty of gastroenterology, or a lawyer the specialty of Patent Law. Under the Codes governing the conduct of lawyers, a lawyer may not advertise a specialty unless he is certified as a specialist in a particular area by a Bar Association or by a public authority authorized to issue certifications. SPECIE [L. species / something seen, a vision, a sighting; a specimen; a notion or idea] Money or coin. Gold or silver coin; cash. To pay in specie is to pay in the same form or kind as before, e.g., in cash if cash was originally the form of a loan or advance. SPECIFIC [L. species ] Belonging to a distinct and identifiable category. Capable of being isolated by description and identification. Sharing with other things or persons qualities or characteristics which isolate them from others. Restricted to a particular individual or group. A specific bequest is a bequest of a specified item or part of an estate, or one that is payable only from a specified fund or source and not from the general assets of the decedent. A specific denial is a denial addressed to one or several of the allegations of a pleading, in contrast to a general denial, which denies all the allegations. Specific intent is the intent to perform an identifiable criminal act with knowledge that the consequences will be exactly those described and anticipated in the statute defining the act, e.g., assault with intent to kill. A specific legacy is the bequest of a particular asset or fund of a decedent, set apart and separately identified. A specific lien is a charge or encumbrance upon a particular piece of property operating as security for performance or payment of an obligation; the charging lien of an attorney or the mechanic’s lien of an artisan are examples of specific liens . SPECIFIC PERFORMANCE The judicial order or decree under which a party is ordered and compelled to perform an act which he either agreed to perform or which the court in equity has determined that he should perform. The device of specific performance is utilized when remedies at law are inadequate to compensate the plaintiff for

385