Latin for Lawyers

L ATIN FOR L AWYERS

STATUTORY [L. status ] Of or related to statutes or legislative enactments. Defined by statute. Enacted, created or regulated by statute. A statutory action is an action cre ated by statute as opposed to one which existed at common law. A statutory foreclosure is a proceeding for foreclosing the interests of a mortgagor in real estate without a formal judicial proceeding; statutory foreclosure is accom plished under the terms of the statute by a mortgagee who executes a power of sale. Statutory rape is sexual intercourse with a minor whose consent to the intercourse is immaterial to the crime. The age of minority is established by statute. STAY [L. stare / to stand] To stop or pause. To check or restrain. The temporary suspension of some act or activity by judicial or executive order. To put a stop to all proceedings. Restraint by court order or injunction. An appellate court may stay all pro ceedings in a lower court, including execution on a judgment, pending the outcome of the appeal. The Bankruptcy Code imposes an automatic stay against all creditors upon the filing of a petition in bankruptcy. The stay pre vents the creditors from attempting to collect any sums from the debtor, or from bringing, maintaining or prosecuting any action against him except upon order of the court. STET [L. stare / to stand] Let it stand. In a writing, a direction to the reader to leave standing a word or phrase previously marked for change or deletion. Also, an abbreviation for stet processus , an order to stay all proceedings in an action. STET PROCESSUS [L. stare / to stand + processus (from procedo , procedere ) / advance, progress, process] Let the process be stopped or stayed. The voluntary dismissal of an action by the plaintiff. The entry of an order by the court staying all proceedings in the action. STET PROHIBITIO [L. stare / to stand + prohibio , prohibere / to hold back, check, restrain] Let the prohibition stand. STIPEND [L. stipes / stump, tree trunk + pendo , pendere / to weigh, consider] A fixed sum of money paid periodically for services given, or to reimburse for expenses incurred. Also, a salary or fixed compensation.

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