Also known as: secondarily · secondary liability · secondary evidence
Written by attorneys · grounded in primary & secondary sources — see 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.
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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.
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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.
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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.
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.
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.
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
…effect on the extent of classroom learning. As a result, Congress could mandate a federal curriculum for local elementary and secondary schools because what is taught in local schools has a significant "effect on classroom learning," cf. ibid. , and that, in turn, has a substantial effect on interstate commerce. Justice…