Posts by SovConn

sandbagging,n.1. A trial lawyer’s 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…

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 vills to beset the holy place, prevent his escape and send for a coroner…. [A]fter he…

sanctity of contract.The principle that the parties to a contract, having duly entered into it, must honor their obligations under it. [Cases: Contracts 1. C.J.S. Contracts §§ 2–3, 9, 12.] “[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…

sanctions tort.A means of recovery for another party’s 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. [Cases:…

sanctioning right.See secondary right under RIGHT. [Blacks Law 8th]

sanctional enforcement.See secondary right under RIGHT. [Blacks Law 8th]

sanctionable,adj. (Of conduct or action) meriting sanctions; likely to be sanctioned. [Cases: Federal Civil Procedure 1278, 2750–2848.] [Blacks Law 8th]

sanction (sangk-sh<<schwa>>n), n.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. [Cases: Costs 2; Federal Civil Procedure 1278, 2750; Pretrial Procedure 44. C.J.S. Costs §§ 2–3,…

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. Pl. sanctiones (sangk-shee-oh-neez). “Sanctio (legis). A clause in a statute which strengthens its efficacity by fixing a penalty for its violation, by forbidding its derogation…

sancire (san-sI-ree), vb.[Latin] Roman law. To enact; confirm; prescribe. [Blacks Law 8th]