Also known as: sec. art. · according to
Written by attorneys · grounded in primary & secondary sources — see below
A Latin preposition or adverb meaning according to or in favor of. It appears in legal phrases to indicate that a decision or rule follows a specified standard or supports a particular party.
Simone Sanders sued a contractor for breach after a home renovation exceeded twenty thousand dollars. At trial she demanded a jury under the governing constitutional provision. The court preserved the jury right secundum the common-law rules that prevent re-examination of facts once found by the jury.
Scott Summers and Spencer Silver operated separate factories whose emissions each damaged a shared waterway. Environmental regulators divided the cleanup costs secundum each party's measurable contribution to the total pollution. The division prevented either party from bearing liability for harm the other independently caused.
Select any source to read its text and confirm it supports the definition.
Samuel Soto's vehicle was towed after an arrest. Officers opened the trunk and inventoried its contents secundum the department's written policy for all impounded cars. The resulting discovery of contraband was upheld because the search followed the established routine rather than serving as an investigative pretext.
Sterling Manufacturing and Silverline Industries both claimed a security interest in the same equipment. Sterling filed its financing statement first. The court awarded priority secundum the earlier filing date under the uniform commercial code rule governing conflicting perfected interests.
Sierra Santos disclaimed her inheritance under her aunt's will. The probate court directed the interest secundum the will's explicit clause that provided for the disposition of any disclaimed share. The clause controlled the outcome rather than the default rules of intestacy.
Selena Singh purchased land subject to a recorded easement requiring maintenance of a shared driveway. When she later sold the parcel, the court measured her remaining liability secundum the contractual rules that govern performance of burdens in gross. The duration therefore followed ordinary contract principles rather than property succession rules.
It means according to or in favor of. The term directs attention to the standard or party that governs the outcome of the referenced rule or decision.
It signals that a court must follow the common-law rules that preserve jury findings and limit re-examination in federal court. The phrase therefore anchors the analysis to the historical limits on judicial review of jury verdicts.
Yes. It indicates that liability is measured according to each tortfeasor's distinct contribution when harms are divisible. The term therefore supports allocating damages proportionally rather than jointly.
It can when the search follows standardized police procedures rather than serving as a pretext. The term ties the validity of the search to compliance with the department's established routine.
It points to the first-in-time rule that ranks perfected interests according to the earlier filing or perfection date. The term therefore resolves conflicts by reference to the chronological order of public notice.
It directs the court to follow any express provision in the governing instrument that addresses the disposition of a disclaimed interest. The term therefore gives controlling weight to the testator's stated preference over default succession rules.
…apply to the present case? The power of nominating and appointing by the President are political powers to be exercised by him according to his discretion. When he has made an appointment he has exercised his power. If the officer is by law removable at the will of the President a new appointment may be made; but if the officer…