Also known as: seconds · seconded · seconding · second a motion
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A category of participant in a felony who aids, commands, or encourages the principal in the first degree while present at the scene of the crime.
A category of participant in a felony who aids, commands, or encourages the principal in the first degree while present at the scene of the crime.
Sabrina Shah stood watch outside a warehouse while her accomplice broke in and removed equipment. When police arrived, they arrested both. Shah was charged as a principal in the second degree because she encouraged the break-in and remained present to assist if needed.
Sterling Dynamics elected three directors at its annual meeting. Under the staggered board provision, the terms of two directors expired at the second annual shareholders meeting following their election while the third director's term ended at the next meeting.
A subsequent prosecution or offense that follows a prior trial or conviction when the second offense was not consummated at the time the former trial began.
Steven Silva was tried and acquitted for attempted robbery. Weeks later he completed the robbery. The state could not prosecute him again because the second offense had not been consummated when the first trial began.
A contract or conveyance subsequent to a prior one that fails to satisfy the Statute of Frauds and therefore renders the burden of a servitude unenforceable or leaves the prior contract unmodified absent material reliance.
Stonehaven Properties orally promised an easement across its land to Sterling Manufacturing but never signed a writing. When Sterling later tried to enforce the easement, the court held the burden unenforceable because the second conveyance failed the Statute of Frauds.
The constitutional amendment protecting the right to keep and bear arms that is incorporated against the states through the Fourteenth Amendment Due Process Clause.
Sydney Santos challenged a state handgun ban after her arrest for possessing a firearm in her home. The court applied the Second Amendment right to keep and bear arms, which had been incorporated against the states through the Fourteenth Amendment.
A subsequent prosecution or offense that follows a prior trial or conviction when the second offense was not consummated at the time the former trial began.
A contract or conveyance subsequent to a prior one that fails to satisfy the Statute of Frauds and therefore renders the burden of a servitude unenforceable or leaves the prior contract unmodified absent material reliance.
The constitutional amendment protecting the right to keep and bear arms that is incorporated against the states through the Fourteenth Amendment Due Process Clause.
Each sense below has its own examples, sources, and questions.
A principal in the second degree aids, commands, or encourages the crime and must be present at the scene, whereas a principal in the first degree personally commits the criminal act or performs an essential element of the offense.
The bar applies unless the second offense was not consummated when the former trial began or unless each offense requires proof of a fact the other does not and prevents a substantially different harm.
Samantha Stone and Silverline Industries orally agreed to change delivery dates in their original written contract. Because the second agreement was unenforceable under the Statute of Frauds and no reliance occurred, the prior contract remained unmodified.
The burden of the servitude is not enforceable and the benefit is terminable at will unless an exemption or estoppel exception applies under the Restatement.
No. When the second contract is unenforceable under the Statute of Frauds and no material reliance has occurred, the prior contract remains unmodified.
The Supreme Court held that the Second Amendment right to keep and bear arms is incorporated against the states through the Fourteenth Amendment Due Process Clause.
…given and duties imposed by this act, no mandamus will lie because the Secretary is responsible only to the President. The second act at the same session, 15 September 1789, changed the name to Department of State and assigned duties in the performance of which the Secretary cannot be lawfully controlled by the…