Sci.Fa
Defined in 3 dictionaries — Cyclopedic (1922), Ballentine's (1916), Anderson (1889)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
An abbreviation of scire facias, (q.v.) SCILICET (Lat. scire, to know, licet, it is permitted; you may know; translated by "to wit," in its old sense of "to know"). That is to say; to wit; namely. It is often abbreviated "sc." or "sdl." It is a clause to usher in the sentence of another, to particularize that which was too general before, distribute what was too gross, or to explain what was doubtful and obscure. It neither increases nor diminishes the premises or habendum,, for it gives nothing of itself. It may make a restriction when the preceding words may be restrained. Hob. 171; 1 P. Wms. 18; Co. Litt. 180b, note 1. When the scilicet is repugnant to the precedent matter, it is void; for example, when a declaration in trover states that the plaintiff on the third day of May was possessed of certain goods which, on the fourth day of May, came to the defendant's hands, who afterwards, to wit, on the first day of May, converted them, the scilicet was rejected as surplusage. Cro. Jac. 428. And see 6 Bin. (Pa.) 15; 3 Saund. 291, note 1. Stating material and traversable matter under a scilicet will not avoid the consequences of a variance (1 Mc Clel. & Y. 277; 4 Taunt. 321; 6 Term R. 462; 2 Bos. & P. the mere omission of a scilicet render immaterial matter material (2 Saund. 206a; 3 Term R. 68; 1 Chit. PI. 276, even in a criminal proceeding (2 Campb. 307, note). See 3 Term R. 68; 3 Maule & S. 173. SCINTILLA (Lat.) A spark; a remaining particle; the least particle. "A scintilla of equity." Henley, Lord Keeper, 1 W. Bl. 180. "There is not a scintilla of intention, upon the face of the will, to show the contrary." Lord Ellenborough, 11 East, 322. "Not a scintilla of benefit." Id.; 1 Maule & S. 509. See 6 Maule & S. 180. SCINTILLA JURIS (Lat. a spark of law or right). A legal fiction resorted to for the purpose of enabling feoffees to uses to support contingent uses when they come into existence, thereby to enable the statute of uses (27 Hen. VIII.) to execute them. For example, a shifting use; a grant to A. and his heirs to the use of B. and his heirs, until C. perform an act, and then to the use of G. and his heirs. Here the statute executes the use in B., which, being coextensive with A.'s seisin, leaves no actual seisin in A. When, however, C. performs the act, B.'s use ceases, and C.'s springs up, and he enjoys the fee simple; upon which the question arises, out of what seisin C.'s use is served. It is said to be served out of A.'s original seisin; for upon the cessor of B.'s use it is contended that the original seisin reverted to A., for the purpose of serving C.'s use, and is a possibility of seisin, or scintilla juris. See 4 Kent, Comm. 238 et seq., and the authorities there cited, for the learning upon this subject; Burton, Real Prop. 48, 49; Wilson, Springing Uses, 59, 60; Washb. Real Prop.
Ballentine's Law Dictionary
James A. Ballentine · 1916
A Dictionary of Law
William C. Anderson · 1889
See Scire, Facias. SCIETfCE.
In its broadest sense, knowledge; the knowledge of many, methodically digested and arranged, so as to be attainable by many; a body of principles and deductions to explain the natui-e of some matter.5 Depends upon abstract or speculative principles. *■ Art " relates to practice or performance — is practical skill as directed by theory or science; the mere application of knowledge. Eifle-shooting is not a *' science."^ "The Congress shall have Power.. to promote the Progress of Science and useful Arts, by securing.. to Authors and Inventors, the exclusive Eight to their Writings and Discoveries." " 1 Dawson v. Lee, 83 Ky. 56 (1885). 2 Kelly V. Pittsburgh, 104 U. S. 82 (188]), Miller, J. 3 Cooper V. Eoberts, 18 How. 177-83 (1855); Sherman V. Beuick, 93 U. S. 209 (1876). 4 23 Cent. Law J. 326-28 (1887), cases; 54 Ga. 281; 79 111. 567; 87 id. 303; 45 Iowa, 248; 50 id. 145; 4 Gray, 36; 12 Allen, 127; 68 N. C. 322; 5 Clark (Pa.), 78; 43 Tex. 167;' 35 Wis. 59. 5 Vredenburg v. Behan, 33 La. An. 637,(1'881), Todd, The term, " science "cannot, with propriety, be applied to a work of so fluctuating and fugitive a form as that of a newspaper or price-current, the subjectmatter of "^hich is daily changing, and is of mere temporary use. Prices -current, catalogues of merchandise, a scoring-sheet for games, a chart of patterns for dresses, blank accpunt-books, and the like, are not subjects of the copyright laws passed in execution of the foregoing power. ' } Scientific "works. A medical expert may cite standard authorities as sustaining his views, and then they may be used by the opposite side to discredit him; but they may not be read as evidence or argument.'^ The reasons for admitting scientific works to prove the statements they contain are, the authors did not write under oath, and their grounds of belief and process of reasoning cannot be tested by cross-examination. But an expert's opinion, formed in part from reading treatises by persons of acknowledged ability, may be given in evidence; and he may refresh his own recollection by reference to such authorities.^ See further Book; Expert.