Latin for Lawyers

SPECIFICATION

his injuries. The equitable remedy of compelling performance to adjust griev ances as contrasted with an award of damages at law. The remedy is most often utilized to compel performance of real estate contracts, because of the unique quality of each separate parcel of land. SPECIFICATION [L. species (from specio , specere / to look at, behold; a vision or sighting] Any item contained in a list of details or data; also, the list itself. A detailed presentation of the ingredients of a plan, proposal, quotation, purchase order or other commercial document. An exhibit to a contract setting forth in greater detail items referred to more generally in the body of the contract. In bankruptcy, a statement of the objections to discharge of the debtor. In mili tary courts-martial, a statement of the formal charges against the defendant. In construction contracts, the statement prepared by an architect or engineer, setting forth in precise detail, usually with reference to plans or drawings, the processes under which construction or improvement of a building or other structure is to proceed. In patent law, a written description of an invention or discovery that shows in detail the way to make and use the invention or dis covery, accompanied by a claim for credit and protection by the inventor. SPECULATE, SPECULATION, SPECULATIVE [L. speculor , speculari / to watch over, spy on] Speculate: To appraise or review; to contemplate, sometimes without conclu sion or resolution. To form a questionable conclusion after inadaquate analy sis. To theorize or wonder. Juries are generally admonished by judges not to speculate on the basis of insufficient or questionable evidence. Also, to make a business investment in the hope of gain or profit, as in a publicly traded stock. Speculation: The act of entering into or undertaking a business risk in the hope, but without the certainty, of making a gain or profit. Speculative: Incapable of certainty; based upon theory or possibility only. A speculative security is a stock or bond which depends on future performance and earn ings without any assurance of gain or even stability. Speculative damages are damages which cannot be measured with certainty; all estimates of damage with respect to the future impact of injuries in a tort action contain at least some elements of speculation, however dutifully the jury may apply reason able mathematical data. SPEND [L. expendo , expendere / to weigh out, to pay out, put down money] To pay out money or assets. To exchange money or assets for goods. To use up or give up. To use up or consume. To exhaust the supply of. SPENDTHRIFT A person who is imprudent or careless in his use or expenditure of money and assets. A wasteful person. A spendthrift trust is a trust created to defeat or

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