Latin for Lawyers

SUPERSEDE, SUPERSEDING

SUPERSEDE, SUPERSEDING [L. supersedere / to sit above; to be superior to; to have priority over] To push aside; to replace. To displace in favor of another. To come before or ahead of. Also, to suspend; to delay the operation of. To render void or inef fective. A superseding cause is a kind of intervening cause, i.e., a cause that intervenes after an event has begun, and then interrupts the chain of causation and becomes the proximate cause of the ultimate effect or injury. SUPERSEDEAS [L. superus , superior / situated above, higher than + sedeo , sedere / to sit; to sit over; preside over] You shall forbear. You shall desist. A writ commanding a stay of proceedings or a stay of execution or service of another writ. The order of an appellate court staying proceedings below until the appeal can be heard and deter mined. A supersedeas bond may be required of the party requesting super sedeas to protect the interests of the party who has succeeded below and is now stayed from proceeding further. SUPERVENE, SUPERVENING [L. super + venire / to come] To follow or come after. To have a cummulative effect upon. Having addi tional, generally unexpected, impact. A supervening cause is essentially the same as an intervening cause. SUPERVISE, SUPERVISOR, SUPERVISORY [L. super + video , videre / to see] To oversee. To watch over, inspect and control. To direct the activities or per formance of others. A supervising commission or officer is a person autho rized to take a deposition. In labor law, a supervisor is an agent of the employer who is authorized and delegated to hire, discipline and fire other employees, to hear and adjust their grievances and to direct them in perfor mance of their work. Appellate courts have supervisory jurisdiction over the judges of lower courts, enabling them to issue rules for the regulation and management of those courts. The term supervisory writ is applied to the writs which are issued by higher courts (certiorari, mandamus) to control or limit the acts of lower courts. The chief officer or officers of a town or municipality are often called supervisors . SUPPLEMENT, SUPPLEMENTAL [L. suppleo , supplere / to fill up, make whole or complete] Anything added or contributed to something already in existence. Additional matter printed separately and added to a book, record or report, usually updating or correcting the original matter. To add to, as to supplement one’s income. A supplemental pleading is the pleading of new matter following the original complaint or answer. A supplemental affidavit is a new affidavit cor-

404