Legal Definitions - second

The term "second" has distinct meanings in different legal contexts:

• Parliamentary Law (Noun)

  In parliamentary procedure, a "second" is a formal statement by a member of an assembly, other than the person who initially proposed a motion, indicating that they also wish for the assembly to consider that motion. It signifies that there is sufficient interest among the members to proceed with discussing and potentially voting on the proposal.

  • Example 1: During a town hall meeting, a resident proposes a motion to install new streetlights in a particular neighborhood. Another resident then clearly states, "I second that motion."

    Explanation: By saying "I second that motion," the second resident formally expresses their support for the proposal, allowing it to move forward from being merely suggested to being open for discussion and a potential vote by the assembly.

  • Example 2: At a non-profit organization's board meeting, a board member suggests a motion to approve the annual budget. Before the chairperson can open the floor for debate, another board member simply says, "Second."

    Explanation: This concise "Second" from a different board member confirms that at least two members believe the budget proposal warrants consideration, thus fulfilling the procedural requirement for the motion to be discussed.

• Criminal Law (Noun)

  In criminal law, particularly in historical contexts related to dueling, a "second" refers to a person who directs, assists, or supports one of the individuals engaged in a duel. This role often involves arranging the terms of the duel, ensuring adherence to its rules, or acting as a witness.

  • Example 1: In a historical account, two gentlemen decide to settle a dispute through a duel with pistols. Each gentleman brings a trusted associate who helps load the weapons, measures the paces, and stands by to ensure the duel proceeds according to their agreed-upon rules. These associates are acting as seconds.

    Explanation: The associates are providing direct support and facilitation for the duel, assisting the combatants in carrying out the illegal act, thereby fulfilling the role of a "second."

  • Example 2: A fictional story depicts a clandestine duel between rivals. A neutral party is present to oversee the exchange of challenges, confirm the choice of weapons, and ensure that both combatants adhere to the pre-arranged conditions of the fight. This neutral party is serving as a second.

    Explanation: By actively managing the arrangements and overseeing the conduct of the duel, this individual is providing crucial assistance and support to the duelists, making them a "second" in the eyes of the law.