Also known as:sc. · ss. · namely · to wit · that is to say
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase used in legal documents and pleadings to introduce a more particular statement of matters previously mentioned in general terms.
Sources & Authorities· 11 sources
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Restatements
Casebooks
How it applies
Common Examples
6
Property Interest Specification
Stephen Shaw conveyed interests in land located in two states. In the deed he stated that the interests of the parties in the thing are determined by the law of the state with the most significant relationship to the thing and the parties, scilicet the state where the land is situated and where the parties reside. The court applied the rule to resolve the multistate dispute.
Plan Document Construction
Sofia Stern claimed benefits under an ERISA plan after her spouse's death. The administrator's denial letter listed the plan terms in general language and then added, scilicet that state property law would not alter the beneficiary designation. The court examined whether the explicit plan language controlled.
Sierra Santos sued after a recorded 911 call was introduced at trial. The prosecution brief described the call as nontestimonial and then specified, scilicet that the statements were made during an ongoing emergency. The court applied the distinction to admit the evidence.
Davis v. Washington547 U.S. 813 (2006)
Jurisdiction Over Trust Assets
Solomon Silver challenged a Florida court's power to adjudicate a Delaware trust. The complaint alleged minimum contacts and then clarified, scilicet that the settlor's domicile alone did not create jurisdiction over the trustee. The Supreme Court rejected the asserted basis.
Hanson v. Denckla357 U.S. 235, 254 (1958)
Jury Selection Challenge
Simone Sanders moved to quash the venire in her criminal trial. The motion alleged systematic exclusion and then stated, scilicet that no Black citizens had been summoned despite their presence in the community. The Court found the practice unconstitutional.
Strauder v. West Virginia100 U.S. (10 Otto) 303 (1879)
Compelled Speech Objection
Sapphire Technologies refused to display the state flag on its products. Its brief described the requirement in general terms and then added, scilicet that the mandate forced the company to affirm a message it rejected. The Court held the compulsion violated the First Amendment.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Common questions
Frequently Asked
4
What does scilicet mean in legal writing?+
Scilicet means that is to say or namely. It introduces a more specific statement after a general reference in pleadings or instruments.
How does scilicet differ from videlicet?+
Both introduce particulars after general language, but scilicet has never been as common as videlicet in practice.
Where is scilicet typically found?+
It appears in pleadings, deeds, and other legal instruments to narrow or particularize prior general statements.
What abbreviations represent scilicet?+
Common abbreviations are sc., scil., and sometimes the erroneous ss.
410 U.S. 113 (1973)Constitutional Law
…446 F. 2d, at 839. The Does' claim falls far short of those resolved otherwise in the cases that the Does urge upon us, namely, Investment Co. Institute v. Camp , 401 U. S. 617 (1971); Data Processing Service v. Camp , 397 U. S. 150 (1970); and Epperson v. Arkansas , 393 U. S. 97 (1968). See also Truax…