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sales finance company See FINANCE COMPANY.

sales finance company A finance company that does not deal directly with consumers but instead purchases consumer instaHment paper arising from the sale of consumer durables "on time." - Also termed acceptance company.

sales guaranteed As used in a sale-of-goods contract, the sellers promise to accept the purchasers return of unsold or unsalable goods and to grant the purchaser a proportional credit or refund. Under the UCC, the modern equivalent is sale or return. Cf. sale or return under SALE.

sales in gross See gross sales under SALE.

sales in gross See gross sales.

sales invoice See INVOICE.

sales invoice A document showing details of a purchase or sale, including price and quantity of merchandise.

sales journal A book used to record sales of merchandise on account.

sales load See LOAD.

sales mix The relative combination of individual-product sales to total sales.

sales price See PRICE.

sales price The total amount for which property is sold, often including the costs of any services that are a part of the sale. Under sales-tax statutes, the amount is typically valued in money even if the value is not received in money. Also termed selling price.

sales puffery See PUFFING (1).

sales tax See TAX.

sales tax A tax imposed on the sale of goods and services, usu. measured as a percentage of their price. Also termed retail sales tax. See flat tax. 'While the term sales tax encompasses a large variety of levies. the term often refers to the retail sales tax, where the tax is separately stated and collected on a transactionby-transaction basis from the consumer; although the economic burden of the sales tax falls upon the consumer, the seller has the statutory duty to collect the tax for the taxing jurisdiction." 68 Am. Jur. 2d Sales and Use Tax § 1, at 11 (1993).

sales-assessment-ratio study A method for calculating the assessment level for taxable property in a jurisdiction, by comparing the assessed value and the actual sales price of a statistically reliable sample of the property in the jurisdiction, to determine the percentage by which the assessed values are above or below the sales prices.

salk marriage See morganatic marriage under MARRIAGE (1).

Salk law (sal-ik or say-lik). An influential early medieval Frankish code oflaw that originated with the Salian Franks and that deals with a variety of civil property and family issues but is primarily a penal code listing the punishments for various crimes. Salk law is the principal compilation of the early Germanic laws known collectively as leges barbarorum (laws of the barbarians). Salic law also deSignated a rule barring females from the line of succession to the throne, as a result of which references to Salie law have sometimes referred only to the code provision excluding women from inheriting certain lands (which probably existed only because military duties were connected with the inheritance). In the late 19th century, Oliver Wendell Holmes revived scholarly interest in Salic law by referring to it throughout The Common Law (1881). Also termed Salique law; law Salique (sa-leek or sal-ik); lex Salica (leks sal-a-a).

salting A union tactic that involves a paid union employee going to work for a targeted nonunion employer with the intention of organizing the workforce. The union agent (known as a salt) is considered an employee of the nonunion company and is protected by the National Labor Relations Act.

salus (sal-as), n. [Latin) Health; prosperity; safety.

salva substantia (sal-va sab-stan-shee-a). [Latin] Roman & civil law. The substance (of the property) being preserved; the substance remaining intact. Also termed salva rei substantia. "A right of liferent, therefore, cannot be constituted in a subject which necessarily perishes in the use: it must be a subject which can be used salva substantia." John Trayner, Trayners Latin Maxims 563 (4th ed. 1894).

salvagardia See DE SALVA GARDIA.

salvage (sal-vij), n. 1. The rescue of imperiled property. 2. The property saved or remaining after a fire or other loss, sometimes retained by an insurance company that has compensated the owner for the loss. 3. Compensation allowed to a person who, having no duty to do so, helps save a ship or its cargo. Also termed (in sense 3) salvage award; reward. - salvage, vb. Salvage is a reward payable either by the shipowner or by the owners of goods carried in the ship to persons who save the ship or cargo from shipwreck, capture or other loss. The right to salvage is an ancient rule of maritime law and is not based on contractual rights. The actual amount payable is, as a rule, assessed by the Court. Sometimes an express agreement, fixing an amount, is made before the assistance is rendered, but this is not a question of salvage in the strict sense, which always implies service by persons who are under no obligation to render it." 2 EW. Chance, Principles of Mercantile Law 98 (P.W. French ed., 10th ed. 1951). "With reference to aid rendered to distressed property on navigable waters the word salvage is often used ndifferently to describe the salvage operation and the salvage operation and the salvage award - the latter being the compensation granted for the services rendered." Martin J. Norris, The Law of Salvage § 2, at 2 (1958). "A salvage award, or reward, is the compensation allowed to the volunteer whose services on navigable waters have aided distressed property in whole or in part. The award is not regarded merely as pay on the principle of quantum meruit or as remuneration pro opera et labore, but as a reward to persons participating and the owners of salving property, voluntarily rendering their services and to encourage others to similarly undertake the saving of life and property.

salvage award See SALVAGE (3).

salvage charges Insurance. Costs necessarily incurred in salvage.

salvage loss See LOSS.

salvage service The aid or rescue given, either voluntarily or by contract, to a vessel in need of assistance because of present or apprehended danger. Although salvage may involve towing, it is distinguished from towing service, which is rendered merely to expedite a voyage, not to respond to dangerous circumstances.

salvage service See SALVAGE SERVICE. 5. An intangible commodity in the form of human effort, such as labor, skill, or advice <contract for services>.

salvage value See VALUE (2).

salvager See SALVOR.

salvam fecit totius pignoris causam (sal-vam fee-sit toh-shee-as pig-na-ris kaw-zam). [Law Latin] Scots law. He furnished the means of saving the whole pledge. A bottomry creditor posting the last bond obtained preference over the remaining bottomry creditors because the later loan preserved the property for the earlier creditors. See bottomry bond under BOND (2).

salvo (sal-voh). [Latin fro salvus "safe"]. 1. Saving; excepting.• This term was used in deeds. 2. Safely.

salvo beneficio competentiae (sal-voh ben-a-fish-ee-oh kom-pa-ten-shee-ee). [Latin]. Saving the benefit of being held liable only to the extent that ones means permit. See BENEFICIUM COMPETENTIAE.

salvo conductu See DE SALVO CONDUCTU.

salvo jure (sal-voh joor-ee). [Latin "the rule being safe"] Without prejudice to.

salvor (sal-var), n. [Law Latin] A person who saves a vessel and its cargo from danger or loss; a person entitled to salvage. - Also termed salvager. "A salvor is a person who, without any particular relation to a ship in distress. proffers useful service, and gives it as a volunteer adventurer, without any pre-existing covenant that connected him with the duty of employing himself for the preservation ofthe ship. To be a salvor, one must have the intention and capacity to save the distressed property involved. but need not have an intent to acquire it." 68 Am. Jur. 2d Salvage § 2. at 270 (1993).

salvus plegius (sal-vas plee-jee-as). [Law Latin]. A safe pledge; a satisfactory pledge. See PLEDGE. Also termed certu5 plegius.

SAM See shared-appreciation mortgage under MORTGAGE.

same invention 1. A second invention claiming the identical subject matter as a previous invention. 2. Within a reissue statute, the invention described in the original patent.

same offense See OFFENSE (1).

same offense 1. For double-jeopardy purposes, the same criminal act, omission, or transaction for which the person has already stood trial. See DOUBLE JEOPARDY. 2. For sentencing and enhancement-of-punishment purposes, an offense that is quite similar to a previous one.

same, pron The very thing just mentioned or described; it or them <two days after receiving the goods, Mr. Siviglio returned same>.

same-actor inference The doctrine that when an employee is hired and fired by the same person, and the termination occurs a reasonably short time after the hiring, the termination will be presumed not to be based on a discriminatory reason.

same-conduct test A test for determining whether a later charge arising out of a Single incident is barred by the Double Jeopardy Clause; specif., an analysis of whether the later charge requires the state to prove the same conduct that it was required to prove in a previous trial against the same defendant. The Supreme Court abandoned the Blockburger test and adopted the same-conduct test in 1990 (Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084), but overruled that decision and revived Blockburger three years later (U.S. v. Dixon, 509 U.S. 688, 113 S.Ct. 2849 (1993)). Cf. BLOCK BURGER TEST; SAME-TRANSACTION TEST.

same-elements test 1. See BLOCKBURGER TEST. 2. See LEGAL-ELEMENTS TEST.

same-evidence test See BLOCKBURGER TEST.

same-invention double patenting See statutory double patenting under DOUBLE PATENTING.

same-invention double patenting See statutory double patenting.

same-invention double patenting rejection See statutory double patenting rejection under REJECTION.

same-invention double patenting rejection See statutory double patenting rejection.

same-sex harassment See same-sex sexual harassment under SEXUAL HARASSMENT.

same-sex harassment See same-sex sexual harassment under SEXUAL HARASSMENT.

same-sex marriage See MARRIAGE (1).

same-sex sexual harassment See SEXUAL HARASSMENT.

same-sex sexual harassment Sexual harassment by a supervisor of an employee of the same sex. - Also termed same-sex harassment.

same-transaction test A double-jeopardy test, never adopted, that would require the government to bring all charges arising out of a single incident against a defendant in one prosecution. Justice Brennan advocated the same-transaction test in a case involving a conviction for felony-murder and a later prosecution for the underlying felony. Harris v. Okla.) 433 U.S. 682, 97 S.Ct. 2912 (1977). Cf. BLOCKBURGER TEST; SAME-CONDUCT TEST.

sample sale See sale by sample under SALE.

sample sale See sale by sample.

sampling The process of taking a small portion of a sound recording and digitally manipulating it as part of a new recording. Sampling may infringe the copyright of the samples source, esp. the musical-works and sound-recording copyrights. Also termed digital sampling.

sanae mentis (san-ee men-tis). [Law Latin]. Of sound mind; of sane mind.

sanctio (sangk-shee-oh), n. [Latin fr. sancio "to ordain, confirm, or forbid under penalty"] Roman law. A particular clause in a statute imposing a penalty on any violation of that statute. PI. sanctiones (sangk-sheeoh-neez). "5anctio (legis). A clause in a statute which strengthens its efficacity by fixing a penalty for its violation, by forbidding its derogation through a later enactment, or by releasing from responsibility anyone who by acting in accordance with the statute violated another law. The purpose of the sanction clause was to settle the relation between the new statute and former and future legislation. Thus the sanctio could also state that a previous statute remained fully or partially in force without being changed by the new one. Adolf Berger, cyclopedic Dictionary of Roman Law 689 (1953).

sanction (sangk-shan), 1. Official approval or authorization <the committee gave sanction to the proposal>. Cf. RATIFICATION (1). 2. A penalty or coercive measure that results from failure to comply with a law, rule, or order <a sanction for discovery abuse>. Cf. DISCIPLINE. "Without adequate sanctions the procedure for discovery would often be ineffectual. Under Rule 37 [of the Federal Rules of Civil Procedure], ... any party or person who seeks to evade or thwart full and candid discovery incurs the risk of serious consequences, which may involve imprisonment for contempt of court, an order that designated facts be taken to be established, an order refusing the delinquent party the right to support or oppose designated claims or defenses, striking out pleadings or parts of pleadings, rendering judgment by default, dismissal of the action or a claim therein, or assessment of expenses and attorneys fees. Sanctions are intended to prompt a party to respond." 8A Charles Alan Wright et aI., Federal Practice and Procedure § 2281, at 595-95 (2d ed. 1994)

sanction 1. To approve, authorize, or support <the court will sanction the trust disposition if it is not against public policy>. 2. To penalize by imposing a sanction <the court sanctioned the attorney for violating the gag order>.

sanctionable adj. (Of conduct or action) meriting sanctions; likely to be sanctioned.

sanctional enforcement See secondary right under RIGHT.

sanctional enforcement See secondary right under RIGHT.

sanctioning right See secondary right under RIGHT.

sanctions tort A means of recovery for another partys discovery abuse, whereby the judge orders the abusive party to pay a fine to the injured party for the discovery violation. This is not a tort in the traditional sense, but rather a form of punishment that results in monetary gain for the injured party.

sanctity of contract The principle that the parties to a contract, having duly entered into it, must honor their obligations under it. "[Sanctity of contract] is merely another facet of freedom of contract, but the two concepts cover, to some extent, different grounds. The sanctity of contractual obligations is merely an expression of the principle that once a contract is freely and voluntarily entered into, it should be held sacred, and should be enforced by the Courts if it is broken. No doubt this very sanctity was an outcome of freedom of contract, for the reason why contracts were held sacred was the fact that the parties entered into them of their own choice and volition, and settled the terms by mutual agreement." P.S. Atiyah, An Introduction to the Law ofContract12 (3d ed. 1981).

sanctuary 1. A safe place, esp. where legal process cannot be executed; asylum. "Every consecrated church was a sanctuary. If a malefactor took refuge therein, he could not be extracted; but it was the duty of the four neighbouring vilis to beset the holy place, prevent his escape and send for a coroner. ... [A]fter he had enjoyed the right of asylum for forty days, he was to be starved into submission; but the clergy resented this interference with the peace of Holy Church." 2 Frederick Pollock & Frederic William Maitland. History of English Law Before the Time of Edward 1590-91 (2d ed. 1899). "In medieval England. as elsewhere in Europe, there were a number of ecclesiastical places where the kings writ did not run. The underlying theory was that consecrated places should not be profaned by the use of force, but the result in practice was that thieves and murderers could take refuge and thereby gain immunity even against the operation of criminal justice. This was the privilege called sanctuary. In the case of parochial churches, the sanctuary lasted for forty days only. Before the expiration of this period, the fugitive had to choose whether to stand trial or abjure the realm .... This was only permitted if he made a written confession to the coroner, which resulted in the forfeiture of his property as on conviction; his life only was spared ...." J.H. Baker, An Introduction to English Legal History 585 (3d ed. 1990). 2. A holy area of a religious building; esp., the area in a church or temple where the main altar or tabernacle is located.

sandbagging 1. A trial lawyers remaining cagily silent when a possible error occurs at trial, with the hope of preserving an issue for appeal if the court does not correct the problem. Such a tactic does not usu. preserve the issue for appeal because objections must be promptly made to alert the trial judge of the possible error. 2. Corporations. An antitakeover tactic wherein the target company delays a hostile bidders final offer by agreeing to negotiate then prolonging badfaith negotiations as long as pOSSible. sandbag, vb.

sandpapering A lawyers general preparation of a witness before a deposition or triaL Cf. HORSESHEDDING.

sandre (san-si-ree), vb. [Latin] Roman law. To enact; confirm; prescribe.

sandwich lease See LEASE.

sane adj. Having a relatively sound and healthy mind; capable of reason and of distinguishing right from wrong.

sane memory See CAPACITY (3).

sanguis (sang-gwis), n. [Latin "blood"]l. Roman law. Blood relationship. 2. Consanguinity. 3. The right of a chieflord to judge cases involving bloodshed.

sanitary code A set of ordinances regulating the food and healthcare industries.

sanity The state or condition of having a relatively sound and healthy mind. Cf. INSANITY.

sanity hearing 1. An inquiry into the mental competency of a person to stand trial. See COMPETENCY. 2. A proceeding to determine whether a person should be institutionalized.

sans ecours (sawn ra-koor or sanz ri-kuur). See WITHOUT RECOURSE.

sans ce que (sanz see ka or sawn sa ka). [Law French] See ABSQUE HOC.

sans frais (sawn fray). [Law French] Without expense.

sans impeachment de wast (sanz im-peech-mant da wayst). [Law French]. Without impeachment of waste.

sans jour (sawn zhoor or sanz joor). [Law French]. Without day; SINE DIE. See ALLER SANS JOUR.

sap A club, a blackjack, a hose containing rocks in the middle, or any other object generally used as a bludgeon.

sapiens naturam delicti (say-pee-enz na-t[y]oor-am di¬lik-ti). [Law Latin]. Partaking of the character of a delict.

SAPJ See senior administrative patent judge under JUDGE.

SAR abbr. 1. STOCK-APPRECIATION RIGHT. 2. SUSPICIOUS ACTIVITY REPORT.

sasine See SEISIN.

satellite litigation 1. One or more lawsuits related to a major piece oflitigation that is being conducted in another court <the satellite litigation in state court prevented the federal judge from ruling on the issue>. 2. Peripheral skirmishes involved in the prosecution of a lawsuit <the plaintiffs called the sanctions "satellite litigation," drummed up by the defendants to deflect attention from the main issues in the case>.

satellite state See client state under STATE.

satellite state See client state.

satisdare (sat-is-dair-ee), vb. [Latin fro satis "sufficient" + dare "to give"] Roman law. To give security in the form of satisdatio. See SATISDATIO.

satisdatio (sat-is-day-shee-oh), n. [Latin fro satisdarel Roman law. Security given by a person, such as a debtor, through a surety. PI. satisdationes (sat-is-day-shee-oh-neez).

satisfaction 1. The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation. Satisfaction differs from performance because it is always something given as a substitute for or equivalent of something else, while performance is the identical thing promised to be done. Also termed satisfaction of debt. 2. The fulfillment of an obligation; esp., the payment in full of a debt. "Satisfaction closely resembles performance. Both depend upon presumed intention to carry out an obligation, but in satisfaction the thing done is something different from the thing agreed to be done, whereas in performance the identical act which the party contracted to do is considered to have been done. The cases on satisfaction are usually grouped under four heads, namely, (i) satisfaction of debts by legacies; (ii) satisfaction of legacies by legacies; (iii) satisfaction (or ademption) of legacies by portions; and (iv) satisfaction of portion-debts by legacies, or by portions. Strictly, however, only the first and last of these heads are really cases of satisfaction; for satisfaction presupposes an obligation, which, of course, does not exist in the case of a legacy in the will of a living person." R.E. Megarry, Snells Principles of Equity 226-27 (23d ed. 1947). 3. SATISFACTION PIECE. 4. Wills & estates. The payment by a testator, during the testators lifetime, of a legacy provided for in a will; ADVANCEMENT. Cf. ADEMPTION. 5. Wills & estates. A testamentary gift intended to satisfy a debt owed by the testator to a creditor. See ACCORD AND SATISFACTION. -atisfy, vb.

satisfaction contract See CONTRACT.

satisfaction contract A contract by which one party agrees to perform to the satisfaction of the other. Also termed contract to satisfaction.

satisfaction of debt See SATISFACTION (1).

satisfaction of judgment 1. The complete discharge of obligations under a judgment. 2. The document filed and entered on the record indicating that a judgment has been paid. "Generally, a satisfaction of ajudgment is the final act and end of a proceeding. Satisfaction implies or manifests an expression of finality as to all questions of liability and damages involved in the litigation. Once satisfaction occurs, further alteration or amendment of a final judgment generally is barred. Satisfaction of ajudgment, when entered of record by the act of the parties, is prima facie evidence that the creditor has received payment of the amount of the judgment or its equivalent, and operates as an extinguishment of the judgment debt," 47 Am. Jur. 2d udgments § 1006, at 443 (1995).