Latin for Lawyers

STIPULATE, STIPULATION

STIPULATE, STIPULATION [L. stipulor, stipulari / to demand an agree ment, to insist, bargain] To specify a term or condition of a proposal or agreement. To reach agree ment upon a term or condition. To enter into an agreement. To exact or demand a particular provision. To express a thought or concept before a court for the purpose of indicating or inviting agreement to a proposition or ruling. A stipulation is an agreement or concession made by the parties in a judicial proceeding, or by their attorneys, either settling the matter entirely or agree ing upon some matter which disposes of an issue and removes an obstacle to disposition of a motion or ruling. A stipulation of facts is an agreement among the parties as to certain facts bearing on the issues, thus dispensing with the need for presenting evidence as to those facts. STIRPES [L. stirps , stirpes / the roots and stem of a plant] See PER STIRPES STRICT [L. stringo , stringere , strictum / to tighten, bind] Stringent in controls; exacting. Severe in administering discipline. Conform ing rigorously to a rule or standard. Permitting no change or deviation. Strict construction is judicial interpretation restricted to a literal reading of the words in the statute or document (e.g., the U.S. Constitution) being inter preted. STRICT FORECLOSURE A statutory proceeding leading to the extinguishment of a mortgagor’s rights to real property under a judicial decree without a public sale; the decree fixes a time within which the mortgagor must liquidate the mortgage debt. If he fails to do so, his title is extinguished and title, both legal and equitable, passes to the mortgagee. Also, with respect to personal property under the Uniform Commercial Code, the acceptance by and transfer to a creditor of his collateral in full satisfaction of his debt, without right to a deficiency judgment for any balance; notice must be given to other creditors having a security interest in the same collateral; if they object to the transfer to the first creditor, a foreclosure sale must be held. STRICTI JURIS; STRICTISSIMI JURIS According only to strict legal right, without any reference to principles of equity. A strict and legalistic interpretation of the rights and duties of the par ties. STRICT LIABILITY Liabililty imposed by the law regardless of fault or negligence. A principle of the law of torts and of products liability imposing liability upon persons who

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