Latin for Lawyers

L ATIN FOR L AWYERS

maintain dangerous animals or who engage in inherently dangerous activi ties, whether or not they are negligent or intend injury or damage. The princi ple is guided by the notion that these persons have a social obligation to “pay their own way.” Examples: Strict liability is imposed for injuries resulting from crop dusting, and from the use and storage of explosives. STRICT SCRUTINY A doctrine enunciated by the Supreme Court which requires the courts to give the highest level of scrutiny before deciding that a statute or regulation affect ing certain classifications does not violate the Equal Protection Clause of the Fourteenth Amendment. The strict scrutiny doctrine replaced the “mere rationality” test which had previously existed. The courts impose strict scru tiny whenever the classification involved, e.g., race, national origin, sex, etc., is a “suspect” one or the classification has an impact on a “fundamental right.” Under strict scrutiny , a challenged law will be upheld only if it is nec essary “to achieve a compelling governmental interest.” See INTERMEDIATE (SCRUTINY) SUA SPONTE [L. suus / his, her, its, theirs + sponte / willingly, without per suasion, of one’s own accord] Of itself or of one’s self, without being prompted. A court may act sua sponte to order a new trial or to dismiss a complaint. A lawyer’s disciplinary com mittee may move sua sponte to investigate some act of an attorney of which it has become aware without any specific complaint from a client or judge. SUB [L. underneath, under] Below; up from below. Under, beneath. Under the power of. Also, subordi nate, secondary. Almost, nearly complete. SUB COLORE JURIS Under color or claim of right or law. SUB COLORE OFFICII Under color or claim of office. SUBCONTRACT [L. sub + contraho , contrahere / to draw together, bring about, contract] A contract between one of the parties to a performance contract and a third party under which the former assigns to the latter the responsibility for part of the performance, whether in labor or materials. Subcontracts are utilized most often in construction contracts.

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