How Do You Spell SUPERSEDEAS?

Pronunciation: [sˈuːpəsˌɛdi͡əz] (IPA)

Supersedeas is a commonly misspelled legal term that is used in a precautionary bond. It means to stay the execution of a judgment until the outcome of an appeal is decided in a higher court. The word is pronounced "soo-per-see-dee-us" and is spelled with a "u" instead of an "e" in the middle, which is a common source of confusion. To remember the correct spelling, it is helpful to break the word down phonetically and emphasize the "u" sound.

SUPERSEDEAS Meaning and Definition

1. Supersedeas is a legal term that refers to a formal court order or process that temporarily suspends or delays the enforcement of a judicial decision or judgment, pending the outcome of an appeal or other legal process. This term is commonly used in the United States legal system, particularly in civil cases.

   When a party files an appeal or requests a review of a decision or judgment, they may ask for a supersedeas order to prevent the adverse effects of the original decision while the appeal is pending. This could include measures such as staying the execution of a judgment, suspending the enforcement of an order, or temporarily preventing any further action based on the prior decision.

   A supersedeas order is typically granted by the appellate court upon the satisfaction of certain conditions, such as the filing of a bond or other security to ensure that the prevailing party will be compensated if the appeal is unsuccessful. The purpose of this order is to maintain the status quo until the appeal is resolved, ensuring fairness and preventing irreversible harm that may result from premature enforcement.

   In summary, supersedeas is a legal mechanism that allows for the temporary suspension or delay of the enforcement of a court decision or judgment pending the outcome of an appeal or other legal proceedings.

2. In law, an order to suspend the powers of an officer in certain cases, or to stay proceedings.

   Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.

Common Misspellings for SUPERSEDEAS

• superssedeas

Etymology of SUPERSEDEAS

The word "supersedeas" has its roots in Latin and comes from the verb "supersedeō". The Latin verb is derived from the prefix "super-", meaning "over" or "above", and the verb "sedēre", meaning "to sit". Thus, "supersedeas" literally translates to "to sit over" or "to sit above".

In legal terminology, "supersedeas" refers to a writ or legal order that suspends the execution of a judgment, particularly in appellate courts. The term likely developed in English law from the Latin verb "supersedēre", which means "to refrain from" or "to leave off". Over time, "supersedeas" has taken on the specific legal meaning it has today.