Latin for Lawyers

L ATIN FOR L AWYERS

SUB JUDICE [L. sub + iudico , iudicare / to judge] Under authority of a court; before a court or judge for consideration. SUBMIT, SUBMISSION [L. sub + mitto , mittere / to send, let go]

To yield to greater strength or to authority. To present for review or consider ation, as a report or paper. To put forward as an opinion. To surrender. To make documents or arguments available to a court to enable it to reach a deci sion. To consent to the jurisdiction of a court. To defer to the opinion of another. A submission is an agreement to be bound by the determination of another. The parties submit a matter to an arbitrator for decision. A judge submits the determination of facts and the return of a verdict to the jury.

SUB MODO [L. sub + modus / a measure, standard, limit] Under a qualification; subject to a condition or qualification. SUB NOMINE [L. sub + nomen , nominis / a name]

Under the name; used to indicate that the original title of a case has been altered at a later stage in the proceedings. Abbreviated “sub.nom.” SUBORDINATE, SUBORDINATION [L. sub + ordinare / to put in order] Subordinate: To treat as less important or of lower rank. To assign to a lower rank or order. To make less valuable than or subservient to. To delay payment or satisfaction of one debt until another debt has been paid. Subordination: The act of placing one obligation behind another in payment and preference. A subordination agreement is an agreement under which one creditor con sents to give another creditor priority and preference over his claims against the debtor. Example: a corporate officer may be asked to subordinate his loans to the corporation to the loans made to the corporation by a bank. If the corporation becomes insolvent, the doctrine of equitable subordination (a/k/a the “Deep Rock Doctrine”) may be invoked to subordinate his loans to the claims of general creditors. SUBORN, SUBORNATION [L. suborno , subornare / to furnish; to influence secretly; to instigate] To induce someone to commit an unlawful act, especially secretly. To influ ence someone to lie in a judicial proceeding or to commit perjury. Subordina tion of perjury is the crime of inducing perjury. See PERJURY SUBPOENA [L. sub + poena / money paid in atonement; punishment, penalty] A document which compels attendance by a witness or the production of evi dence. The writ issued under authority of a court to compel the appearance of a witness or the production of evidence at a judicial proceeding.

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