Also known as: secondarily · secondary liability · secondary evidence
Written by attorneys — see sources below.
3 senses
Relating to schooling that follows primary or elementary education. It includes high school programs and post-secondary institutions that prepare students for advanced study or careers.
Relating to schooling that follows primary or elementary education. It includes high school programs and post-secondary institutions that prepare students for advanced study or careers.
Subordinate or backup in obligation. It describes a secondary obligor liable only after a primary obligor defaults and a demonstrative devise that is secondarily payable from general estate assets when the designated source is insufficient.
Pertaining to the market in which existing mortgage loans are traded after origination. Transfers in this market keep the note and mortgage together to preserve enforcement rights.
Subordinate or backup in obligation. It describes a secondary obligor liable only after a primary obligor defaults and a demonstrative devise that is secondarily payable from general estate assets when the designated source is insufficient.
Pertaining to the market in which existing mortgage loans are traded after origination. Transfers in this market keep the note and mortgage together to preserve enforcement rights.
Each sense below has its own examples, sources, and questions.
Sophia Singh applied to a state law school that evaluated her application through an individualized process weighing academic metrics alongside personal background. The school treated her post-secondary experience as one factor among many to promote student body variety. The admissions committee concluded that her profile advanced educational goals without using race as a decisive element.
Sasha Stone's parents removed her from public school after eighth grade under Amish religious tenets. The state sought to enforce compulsory attendance until age sixteen. The court granted an exemption because formal secondary schooling conflicted with the family's self-sufficient religious practices.
1 common questions
Secondary education involves schooling after elementary levels and raises distinct free-exercise concerns when religious groups object to compulsory attendance. Courts examine whether the state's interest in secondary schooling can be met through alternative practices that preserve religious community integration.
Supporting sources
Seth Shapiro's will directed payment of $50,000 to his niece from the sale of a specific parcel. When the parcel sold for only $30,000, the executor drew the remaining $20,000 from general estate assets. The court classified the shortfall as secondarily payable under the residuary clause.
Spencer Silver guaranteed a business loan secured by equipment. When the primary borrower defaulted, the secured party pursued Spencer as secondary obligor. The court required the secured party to establish Spencer's secondary status before enforcing the collateral.
Sierra Santos's waterfront parcel was condemned for a private redevelopment project expected to increase tax revenue. The city justified the taking by citing projected economic growth. The court upheld the action because the secondary public benefit satisfied the public-use requirement.
In the late 1990s the city of New London, Connecticut, confronted severe economic decline after the 1996 closure of the Naval Undersea Warfare Center, which had employed more than 1,500 people. The city's unemployment rate stood nearly double the state average and its population had dropped below 24,000 residents from a 1970 high of 30,000. State and local officials therefore designated the Fort Trumbull peninsula for targeted economic revitalization. In 1998 the New London Development Corporation, a private nonprofit entity, was reactivated to prepare a redevelopment plan covering roughly 90 acres. The plan divided the area into seven parcels designated for a waterfront conference hotel and marinas, retail and entertainment space, research and office facilities, parking and park support, residential units, a Coast Guard museum, and additional office and retail uses. The city council formally approved the plan in January 2000 and authorized the NLDC to acquire needed parcels by purchase or, if necessary, by eminent domain. Petitioners Susette Kelo, Wilhelmina Dery, and seven other owners held fifteen properties within parcels 3 and 4A; ten of those parcels were occupied by the owners or their family members and none was alleged to be blighted. After negotiations with the NLDC failed, the corporation initiated condemnation proceedings against the remaining properties in November 2000. In December 2000 the petitioners filed suit in New London Superior Court asserting that the proposed takings violated the public-use limitation of the Fifth Amendment. Following a seven-day bench trial the Superior Court entered a permanent restraining order barring condemnation of the parcel 4A properties but denied relief as to the parcel 3 properties. Both sides appealed to the Connecticut Supreme Court, which upheld the validity of all challenged takings. The United States Supreme Court granted certiorari to review the federal constitutional question.
View case2 common questions
A demonstrative devise is primarily payable from a designated source but becomes secondarily payable from the estate's general assets if that source proves insufficient. Classification affects abatement and distribution rules under the Restatement.
Supporting sources
A secondary obligor is one whose liability arises only to the extent the obligation is secondary or who holds a right of recourse against the primary debtor. The distinction affects enforcement rights and notice requirements in secured transactions.
Supporting sources
Sapphire Holdings originated a home loan and immediately assigned both the note and mortgage to Silverline Industries. The assignment kept enforcement rights unified. Silverline later enforced the mortgage after the borrower defaulted.
1 common questions
The secondary mortgage market involves transfers of existing mortgages and obligations between lenders or investors. The primary market originates new loans directly to borrowers. Keeping the obligation and mortgage together prevents the note from becoming unsecured.
Supporting sources