Legal Definitions - se te fecerit securum

The Latin phrase se te fecerit securum, often seen as si fecerit te securum, translates to "if he/she/it makes you secure."

In legal contexts, this term historically referred to a condition precedent in judicial writs, particularly in early English common law. It meant that a court or its officer (like a sheriff) would only proceed with a legal action or carry out a specific instruction if the party requesting the action (typically the plaintiff) first provided some form of assurance or security. This security was usually a guarantee, often financial, that the party would diligently pursue their case and be able to cover potential costs or damages if their claim failed or if the court's action caused harm to another party.

Essentially, it was a safeguard to ensure the requesting party was serious and responsible, preventing frivolous lawsuits or ensuring compensation for potential adverse effects of a court order.

Here are some examples illustrating this concept:

• Seeking an Injunction: Imagine a small tech startup, "InnovateCo," believes a larger competitor, "MegaCorp," is about to launch a product using InnovateCo's patented technology. InnovateCo rushes to court to request a temporary injunction, asking the judge to immediately stop MegaCorp from launching its product. Before granting such a powerful order, the judge might require InnovateCo to post a significant bond. This bond acts as security (se te fecerit securum) to compensate MegaCorp for any financial losses it might suffer if the injunction is later found to have been wrongly issued and InnovateCo's patent claim proves invalid. The court proceeds with the injunction *only if* InnovateCo makes MegaCorp secure against potential damages.

• Appealing a Judgment: A construction company, "BuildRight," loses a lawsuit and is ordered to pay a large sum to a client. BuildRight believes the judgment is unfair and wants to appeal. To prevent the client from immediately collecting the money while the appeal is ongoing, BuildRight might ask the appellate court for a stay of execution. The court, applying the principle of se te fecerit securum, might grant the stay but only on the condition that BuildRight posts a "supersedeas bond" covering the judgment amount plus potential interest and costs. This bond secures the client's ability to collect if the appeal fails, ensuring they are "made secure" before the original judgment's enforcement is paused.

• Initiating a Lawsuit with Potential High Costs: In some historical or specific modern legal systems, if a plaintiff wants to file a lawsuit that is anticipated to involve significant court costs or potential counterclaims, the court might require them to provide a "cost bond." For instance, if "Mr. Smith" wants to sue a wealthy corporation for a minor dispute, the court might demand Mr. Smith provide security to cover the corporation's legal fees if Mr. Smith loses the case. This ensures that the corporation is "made secure" against potentially unrecoverable costs from a plaintiff who might not be able to pay if the judgment goes against them, thereby allowing the lawsuit to proceed.