One who becomes obligated, an obligor, under a negotiable instrument—such as a check or promissory note—by signing his or her name along with the name of the original obligor, thereby promising to pay on it in full. …
In patent law a combination is distinguishable from an aggregation in that it is a joint operation of elements that produces a new result as opposed to a mere grouping together of old elements. This is important in determining whether or not something is patentable, since no valid patent can extend to an aggregation. …
An illegal compact between two or more persons to unjustly restrict competition and monopolize commerce in goods or services by controlling their production, distribution, and price or through other unlawful means. …
Judicial comity is the granting of reciprocity to decisions or laws by one state or jurisdiction to another. Since it is based upon respect and deference rather than strict legal principles, it does not require that any state or jurisdiction adopt a law or decision by another state or jurisdiction that is in contradiction, or repugnant, to its own law. Comity of states is the voluntary acceptance …
Cargo ships docked in Newark, New Jersey. Commerce includes the transport of goods by sea. AP/WIDE WORLD Although the terms commerce and trade are often used interchangeably, commerce refers to large-scale business activity, while trade describes commercial traffic within a state or a community. …
The provision of the U.S. Constitution that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes. Article 1, Section 8, Clause 3, of the Constitution empowers Congress "to regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes." The term commerce as used in the Constitution means busin…
Originally part of the Department of Commerce and Labor, which was created in 1903, the Department of Commerce was established as a separate entity by law on March 4, 1913 (U.S.C.A. § 1501). The secretary of commerce sits on the president's cabinet along with the secretaries of the 13 other executive agencies of the federal government and other selected executive officials. Formerly …
In 1990, nobody would have predicted that by the end of the twentieth century people could conduct nearly all of their commercial transactions electronically. Today, a person with a simple Internet connection can purchase anything from clothing to books to jewelry to stereo equipment online. It is possible to purchase insurance, pay one's telephone bill, and buy groceries over the Internet.…
The CLLA maintains over 40 committees covering various areas of commercial law and other topics, such as world peace through law and world trade. Its activities include educational programs on legal issues of public interest and importance. Along with the American Bankruptcy Institute, it also sponsors the American Board of Certification (ABC), a non-profit organization that serves to improve and …
A written instrument or document such as a check, draft, promissory note, or a certificate of deposit, that manifests the pledge or duty of one individual to pay money to another. Commercial paper is ordinarily used in business transactions, since it is a reliable and expedient means of dealing with large sums of money and minimizes the risks inherent in using cash, such as the increased possibili…
Combining things into one body. The term commingling is most often applied to funds or assets. When a fiduciary, a person entrusted with the management of funds other than his or her own in trust, mixes trust money with that of others, the fiduciary is commingling funds and thereby breaching his or her fiduciary duty. A member of a corporation's board of directors commingles funds when he o…
The commission holds public hearings, publishes findings and reports, and maintains a toll-free phone line by which people may make complaints regarding civil rights. The commission disseminates the information it gathers but cannot enforce existing civil rights laws. It offers its findings and makes recommendations to the president and to Congress. Many of the commission's recommendations …
A person charged with the management or direction of a board, a court, or a government agency. A commissioner has the power and responsibility to administer laws or rules that relate to a specific subject matter over which he or she has authority. Generally, he or she is appointed specially, as in the case of a commissioner of court. …
The United States has a central federal government, the authority of which is restricted to those powers given to it by the Constitution. Each state has its own system of legislative and judicial functions that operate in areas not within the exclusive control of the federal government. Attempts have been made to provide an organized system of uniform legislation throughout the states. The Commiss…
Proceedings directing the confinement of a mentally ill or incompetent person for treatment. Each state has its own detailed statutory scheme providing for the involuntary commitment of individuals who might be mentally ill or incompetent. These statutes usually contain language defining the types of mental illnesses and conditions covered by the law, as well as certain conditions that are exclude…
Compensation paid to a lender by a borrower for the lender's promise to give a mortgage at some future time. …
An individual or group of people to whom authority has been delegated by a larger group to perform a particular function or duty. A part of a legislative body made up of one or more individuals who have been assigned the task of investigating a certain issue and reporting their observations and recommendations to the legislature. The Senate has various committees, such as the Committee on Nuclear …
A tangible item that may be bought or sold; something produced for commerce. Commodities are defined as marketable goods or wares, such as raw or partially processed materials, farm products, or jewelry. Intangibles, such as human labor, services, or advertising, are generally not considered to be commodities. …
The CCC is managed by a board of directors and is subject to the general supervision and direction of the secretary of agriculture, who is an ex officio director and chairperson of the board. The board consists of seven members (in addition to the secretary of agriculture) who are appointed by the president of the United States by and with the advice and consent of the Senate. In carrying out its …
The Commodity Futures Trading Commission (CFTC), the federal regulatory agency for futures trading, was established by the Commodity Futures Trading Commission Act of 1974 (88 Stat. 1389; 7 U.S.C.A. 4a), approved October 23, 1974. The commission began operation in April 1975 and its authority to regulate futures trading was renewed by Congress in 1978. Its authority was again renewed with the Comm…
An individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A common carrier is legally bound to carry all passengers or freight as long as there is enough space, the fee is paid, and no reasonable grounds to refuse to do so exist. A common carrier that unjustifiably refuses to carry a particular person or cargo may b…
Common counts are no longer used for pleading purposes but have been replaced by complaints according to the Federal Rules of Civil Procedure and state codes of civil procedure. …
A set of circumstances in which two individuals die apparently simultaneously. In a common disaster there is no certainty of who died first, an important issue that frequently arises in the determination of the inheritance of property or the distribution of proceeds of a life insurance policy. …
An archaic designation of property set aside and regulated by the local, state, or federal government for the benefit of the public for recreational purposes. Common lands established by the Federal government are known as public lands. …
The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution. The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons a…
The early royal courts in England that administered the law common to all. …
A fundamental question in marriage is whether the union is legally recognized. This question is important because marriage affects property ownership, rights of survivorship, spousal benefits, and other marital amenities. With so much at stake, marriage has become a matter regulated by law. In the United States, the law of marriage is reserved to the states and thus governed by state law. All stat…
The system of rules and principles that governed the forms into which parties cast their claims or defenses in order to set an issue before the court. A defendant faced a similar array of established responses. The defendant could, for example, deny the plaintiff's right to legal relief even if the facts alleged were true. Such a response was known as a demurrer. A defendant could choose to…
Trial-level courts of general jurisdiction. One of the royal common-law courts in England existing since the beginning of the thirteenth century and developing from the Curia Regis, or the King's Court. In the United States only Pennsylvania has courts of common pleas with the authority to hear all civil and criminal cases. In most states courts of common pleas have been abolished and their…
A person who frequently or habitually causes public disturbances or breaks the peace by brawling or quarreling. …
Evidence of participation in the ownership of a corporation that takes the form of printed certificates. …
[Latin, common error makes law.] Another expression for this idea is "common opinion," or communis opinio. In ancient Rome, the phrase expressed the notion that a generally accepted opinion or belief about a legal issue makes that opinion or belief the law. Judges have pointed out that universal opinion may also be universal error. Until the error is discovered, however, the belief c…
A system of social organization in which goods are held in common. Communism in the United States is something of an anomaly. The basic principles of communism are, by design, at odds with the free enterprise foundation of U.S. capitalism. The freedom of individuals to privately own property, start a business, and own the means of production is a basic tenet of U.S. government, and communism oppos…
The Communist Party Cases were a series of cases during the 1950s in which the federal government prosecuted Communist Party members for conspiring and organizing the party to advocate the overthrow of the U.S government by force and violence. The criminal conviction of Eugene Dennis, under the Smith Act, was upheld by the Supreme Court in 1951. AP/WIDE WORLD PHOTOS Smith Act. Dennis unsucc…
In 1932 Communist Party presidential candidate William Z. Foster (left) received 102,991 votes. He is pictured with his running mate James W. Ford, the first African American to run for vice president. BETTMANN/CORBIS …
A philosophy that combines traditional aspects of law enforcement with prevention measures, problem-solving, community engagement, and community partnerships. From the 1930s to the 1960s, U.S. law enforcement relied on a professional policing model. This model was based on hierarchical structures, efficient response times, standardization, and the use of motorized patrol cars. Although this model …
Laws vary among the states that recognize community property; however, the basic idea is that a husband and wife each acquire a one-half interest in what is labeled community property. A determining factor in the classification of a particular asset as community property is the time of acquisition. Community property is ordinarily defined as everything the couple owns that is acquired during the m…
A sentencing option for persons convicted of crimes in which the court orders the defendant to perform a number of hours of unpaid work for the benefit of the public. …
The OCS administers the Community Services block grant and discretionary grant programs established by section 672 (95 Stat. 511; 42 U.S.C. 9901) and 681 (95 Stat. 518; 42 U.S.C. 9910) of the Reconciliation Act. The office awards approximately $4 billion in block grants and $47 million in discretionary grants. It also provides grant money and technical assistance to the over three thousand Communi…
Modification, exchange, or substitution. Commutation is the replacement of a greater amount by something lesser. To commute periodic payments means to substitute a single payment for a number of payments, or to come to a "lump sum" settlement. The change from consecutive prison sentences to concurrent sentences is a commutation of punishment. …
An agreement, treaty, or contract. The term compact is most often applied to agreements among states or between nations on matters in which they have a common concern. …
An organization of individuals conducting a commercial or industrial enterprise. A corporation, partnership, association, or joint stock company. …
The idea that men and women should receive equal pay when they perform work that involves comparable skills and responsibility or that is of comparable worth to the employer; also known as pay equity. Many jobs are segregated by sex. For example, approximately 80 percent of all office secretaries are female, and approximately 99 percent of all construction workers are male. Both jobs demand valuab…
The idea of fault in divorce actions stemmed from the idea that a marriage remained alive until one partner's guilt destroyed it. This gave rise to problems such as people lying in court to obtain a divorce when both parties mutually wanted to end the marriage. When a divorce based upon comparative rectitude occurs, the spouse with less fault might acquire rights denied to the other spouse,…
A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. …
Possessing the necessary reasoning abilities or legal qualifications; qualified; capable; sufficient. A court is competent if it has been given jurisdiction, by statute or constitution, to hear particular types of lawsuits. A testator is competent to make a will if he or she understands what a will is and its effects, the nature and extent of the property involved, and the relationships with the p…
Information that proves a point at issue in a lawsuit. Competent evidence is admissible evidence in contrast to incompetent or inadmissible evidence. …
A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation and which results in the criminal prosecution of the suspect. Once the suspect is indicted, the state becomes the…
Observance; conformity; obedience.…
A contract made by an insolvent or financially pressed debtor with two or more creditors in which the creditors agree to accept one specific partial payment of the total amount of their claims, which is to be divided pro rata among them in full satisfaction of their claims. A composition with creditors is an agreement not only between the debtor and the creditors but also between the creditors the…
Interest generated by the sum of the principal and any accrued interest. Interest is normally compounded on a daily, quarterly, or yearly basis. The more often interest is compounded, the larger the principal will grow and the greater the interest the new principal will produce. …
A criminal offense consisting of the acceptance of a reward or other consideration in exchange for an agreement not to prosecute or reveal a felony committed by another. Compounding a felony is encompassed in statutes that make compounding offenses a crime. …
A criminal act in which a person agrees not to report the occurrence of a crime or not to prosecute a criminal offender in exchange for money or other consideration. The offense is also committed when a person accepts remuneration for encouraging a witness to be absent from a trial or employs any unlawful tactics to delay a criminal proceeding. The individual compounding the crime must be aware of…
To embrace, cover, or include; to confine within; to consist of. In the law governing patents—grants of an exclusive right or privilege to make, use, or sell an invention or product for a term of years—the term comprise indicates inclusion rather than limitation. When a patent claim states that a particular product is comprised of certain elements, this means that other elements may …
Resolution of a dispute by mutual agreement to avoid a lawsuit. A valid compromise and settlement can be in any form, written or verbal. A writing is not required unless specified by statute, court rule, or the terms set by the parties. When the agreement is written, it must clearly state the intentions of the parties. A compromise and settlement must have the same elements as a contract: parties …
A comptroller, which is often synonymous with auditor, generally has specific duties including the supervision of revenue, the examination and certification of accounts, and the inspection, examination, or control of the accounts of other public officials. A state comptroller's major function is the final auditing and settling of all claims arising against the state. The chief financial off…
The method employed by which a person wanted as a witness, or for some other purpose, in a civil or criminal action is forced to appear before the court hearing the proceeding. Compulsory process encompasses not only a subpoena, which is a command to appear at a particular time and location to provide testimony upon a certain matter, but also a bench warrant, which is a written order commanding a …
In early legal practice, one of several character witnesses produced by someone accused of a crime or by a defendant in a civil suit to attest, in court, that he or she believed the defendant on his or her oath. The use of character witnesses in a lawsuit by a party is derived from the old practice of summoning compurgators to buttress one's case. …
When CALR was first developed in the 1970s, it borrowed Boolean search techniques from the field of computer programming. A Boolean search looks for a particular term or group of terms in a specific relationship to one another. CALR Boolean searches can include limits with respect to time: for example, court opinions are always dated, so an attorney can use a Boolean search to look for cases relea…
The use of a computer to take or alter data, or to gain unlawful use of computers or services. The first federal computer crime legislation was the Counterfeit Access Device and Computer Fraud and Abuse Act (18 U.S.C.A. § 1030), passed by Congress in 1984. The act safeguards certain classified government information and makes it a misdemeanor to obtain through a computer financial or credit…
The Computer Law Association, Inc., was formed in 1973 to fill the need for mutual education by lawyers concerned with the unique legal considerations related to the evolution, production, marketing, acquisition, and use of computer communications technology. The association is committed to providing lawyers and law students concerned with the legal and practical aspects of computers, computer ser…
George Franklin Comstock was born August 24, 1811, in Williamstown, New York. He graduated from Union College in 1834, was admitted to the New York bar in 1837, and received an honorary doctor of laws degree in 1858. Comstock pursued interests in the field of education in addition to his legal career. He was a trustee of Hobart College from 1870 to 1877 and of Syracuse University from 1870 to 1890…
The Comstock Law of 1873 was a federal law that made it a crime to sell or distribute materials that could be used for contraception or But the United States was undergoing rapid change during this period. The industrial revolution was making a large number of jobs available to members of both sexes, and women were taking advantage of this opportunity by entering the workforce in unprecedented num…
The crime of refusing to disclose the birth or death of a newborn child. The offense is entirely statutory in nature, and state laws differ on its elements. In some jurisdictions the essence of the offense is the deliberate concealment of the birth; in others it is the willful concealment of the death. Intent to conceal the birth or death must be proven in order to obtain a conviction. …
A method by which the differences between nations may be settled by means of a commission employed to consider and report upon such differences. …
Determinative; beyond dispute or question. That which is conclusive is manifest, clear, or obvious. It is a legal inference made so peremptorily that it cannot be overthrown or contradicted. A conclusive presumption cannot be refuted; no evidence can rebut it, as in the presumption that a child who is below a certain age has a fundamental inability to consent to sexual relations. Conclusive eviden…
To agree; coincide; act together. To concur is to evidence consent in an affirmative or concrete manner as opposed to merely acquiescing or silently submitting to a decision. In appellate court practice, a judge may file a concurring opinion, which expresses accord with the conclusions of the majority opinion filed in the same lawsuit but at the same time separately states the judge's reaso…
Simultaneous; converging; of equal or joint authority. Concurrent power is the authority of Congress and the state legislatures to make laws on the same subject matter while working independently of one another. Concurrent negligence involves the negligent acts of at least two people that, although they might not have occurred at exactly the same moment, produce a single, indivisible injury. Concu…
Ownership or possession of real property by two or more individuals simultaneously. …
The authority of several different courts, each of which is authorized to entertain and decide cases dealing with the same subject matter. …
An action of Congress passed in the form of an enactment of one house, with the other house in agreement, which expresses the ideas of Congress on a particular subject. A concurrent resolution does not have the legal impact of a joint resolution, which has the force of official legislative action. It is more commonly employed as a method of expressing an opinion on some question. Commendations to …
Court orders issued in duplicate originals; several orders issued at the same time for the same purpose. A court could, for example, issue concurrent writs ordering the arrest of a person whose whereabouts were unknown, or it could issue concurrent writs for service on several defendants in a single lawsuit. A court may issue concurrent writs for the arrest of a person whose whereabouts are un…
When land is condemned through eminent domain, owners must be paid just compensation and provided with notice and an opportunity to defend their rights. …
A future and uncertain event upon the happening of which certain rights or obligations will be either enlarged, created, or destroyed. A condition may be either express or implied. An express condition is clearly stated and embodied in specific, definite terms in a contract, lease, or deed, such as the provision in an installment credit contract that, if the balance is paid before a certain date, …
Subject to change; dependent upon or granted based on the occurrence of a future, uncertain event. A conditional payment is the payment of a debt or obligation contingent upon the performance of a certain specified act. The right to demand back payment if the condition fails is generally reserved. …
A non-self-governing territory over which two states share administrative control. In this context the term coimperium is sometimes used interchangeably with the term condominium. …
Two common forms of multiple-unit dwellings, with independent owners or lessees of the individual units comprising the multiple-unit dwelling who share various costs and responsibilities of areas they use in common. A condominium is a multiple-unit dwelling in which there is separate and distinct ownership of individual units and joint ownership of common areas. For example, in an apartment house,…
In marriage, the voluntary pardoning by an innocent spouse of an offense committed by his or her partner conditioned upon the promise that it will not recur. Whether or not condonation has taken place is important in the area of maintenance or support obligations. In many states, remedies for nonsupport will be granted only when there is a showing that the husband has been guilty of a serious mari…
The association or banding together of two or more persons for the purpose of committing an act or furthering an enterprise that is forbidden by law, or that, though lawful in itself, becomes unlawful when made the object of the confederacy. More commonly called a conspiracy. The union of two or more independent states for the purpose of common safety or a furtherance of their mutual goals. …
Judah Philip Benjamin (1811–84) was the Confederacy's first attorney general. Appointed by President Davis, Benjamin was confirmed on March 5, 1861, and served until November 21, 1861, when he was named secretary of war. As attorney general, he wrote 13 opinions on such matters as agricultural products tariffs, mail route contracts, and defense appropriations. …
A union of states in which each member state retains some independent control over internal and external affairs. Thus, for international purposes, there are separate states, not just one state. A federation, in contrast, is a union of states in which external affairs are controlled by a unified, central government. …
The conference maintained a lower profile since the mid-1990s and reaffirmed its commitment to improving the administration of justice. In 2002, it passed a resolution endorsing a report on public access to court information that seeks to bring uniform practices to the judiciary. In addition, the conference endorsed a resolution that seeks to make the system more accessible to self-represented lit…
Founded in 1955, the Conference of State Court Administrators is an association of the administrators of state courts and the courts of the District of Columbia, Puerto Rico, and Guam. According to the conference, its purpose is "to deal with problems of state court systems." Toward that end, the conference tries to …
A statement by which an individual acknowledges his or her guilt in the commission of a crime. Confessions were always allowed as evidence in early English common-law trials, even when torture was used to elicit them. Not until the mid–eighteenth century did judges in England start to admit only confessions that they deemed trustworthy. To determine the trustworthiness of a confession, judg…
A form of plea that served as the formal answer to a plaintiff's complaint or declaration. …
The result of a confession of judgment was that judgment was entered for the plaintiff on the confession alone without further proceedings being required. A confession of judgment could also be accomplished if the plaintiff offered a cognovit actionem, a written confession made out earlier by the defendant. A creditor could demand that a borrower sign a cognovit note when the debtor first became i…
If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter. …
Confidential relations, also known as fiduciary relations, are not confined to any specific The relationship between doctor and patient is confidential: the doctor has a responsibility to act in good faith for the benefit of the patient. AP/WIDE WORLD PHOTOS relationships but refer to all those that are founded upon secrecy and trust. The duty of secrecy in such a relation is intended to pr…
A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary. In certain relationships, individuals or the general public place their trust and confidence in someone to act in their best interests. Wh…
A duplicate of a document that includes handwritten notations of items incapable of reproduction, such as a signature, which must be inscribed upon the duplicate with the explanation that it was placed there by the person whose signature appears on the original document. …
A fundamental right of a defendant in a criminal action to come face-to-face with an adverse witness in the court's presence so the defendant has a fair chance to object to the testimony of the witness, and the opportunity to cross-examine him or her. The experience of the Salem witch trials made a great impression on the other colonies. By the end of the sixteenth century, most of the colo…
The combination or mixture of two things; the process of commingling. Confusion has been used synonymously with merger, meaning a union of two separate entities that eliminates clear boundaries. Confusion of rights, for example, is a combination of the rights of debtor and creditor in the same individual. Similarly, a confusion of titles exists when two titles to the same property combine in the s…
A blending together of property individually owned by two or more people so as to make it impossible to distinguish who owns what. A confusion of goods results when the property belonging to two or more persons becomes so intermixed that it can only be identified as a large mass of goods. This might apply to such substances as oil or grain. …
A corporation operating in several different and unrelated enterprises, such as the movie industry, baking, and oil refining. A conglomerate merger is one that brings together two firms with totally different product lines, economic relationships, and functions. Such a merger may violate antitrust acts inasmuch as it may have an adverse effect on competition. …
The Congress of the United States is the highest lawmaking body in the United States and one of the oldest national legislatures in the world. Established under the terms of the U.S. Constitution in 1789, the House of Representatives and the Senate have for over 200 years created the federal laws governing the United States. Congress remains one of the few national assemblies that research and dra…
The Congressional Budget Office provides Congress with basic budget data and with analyses of alternative fiscal, budgetary, and programmatic policy issues. The agency employs more than 200 full-time employees. Seventy percent of these employees hold advanced degrees in economics or public policy. CBO also retains a panel of economic advisors, including a number of scholars from top universities i…
It is now widely accepted that a congressional-executive agreement is a complete alternative to a treaty: the president can seek approval of any agreement by joint resolution of both Houses of Congress instead of by a two-thirds vote of the Senate alone. Like a treaty, such an agreement is the law of the land, superseding inconsistent state laws as well as inconsistent provisions in earlier treati…
A daily publication of the federal government that details the legislative proceedings of Congress. The Congressional Record began in 1873 and, in 1947, a feature called The Daily Digest was added to briefly highlight the daily legislative activities of each House, committee, and sub-committee. The text of the Congressional Record is not a verbatim transcript of the statements made on the floor of…
The CRS is made up of two reference divisions: the Congressional Reference Division and the Library Services Division. These provide reference, bibliographic, and other information services using advanced methods of computerized searching. The CRS is governed by a director, a deputy director, and a management team. The highest-level researchers are called senior specialists. They are often nationa…
Pertaining or relating to marriage; suitable or applicable to married people. Conjugal rights are those that are considered to be part and parcel of the state of matrimony, such as love, sex, companionship, and support. Loss of consortium is a loss of any or all conjugal rights. …
Conkling was born October 30, 1829, in Albany, New York. After attending Mount Washington Collegiate Institute, in New York City, he moved to Utica, New York, where he studied law with a local firm. He was admitted to the bar in 1850 and was immediately appointed district attorney of Albany. In subsequent years, and while still in his twenties, Conkling made a reputation for himself as an orator a…
A term relating to the admissibility of evidence which means that a fact may be admitted into evidence provided that its relevance will subsequently become apparent when it is linked to other facts presented later. Proof that a witness was present at a certain time and place may be connected up with later evidence to show its significance to the case at bar. …
The defense of connivance cannot be asserted in an action based upon a state's no-fault divorce laws. …
Blood relationship; the relation of people who descend from the same ancestor. Lineal consanguinity is the relation in a direct line—such as between parent, child, and grandparent. It may be determined either upward—as in the case of son, father, grandfather—or downward—as in son, grandson, great-grandson. Collateral consanguinity is a more remote relationship describin…
A person who, because of principles of religious training and moral belief, is opposed to all war regardless of its cause. The objection must be founded on deeply held moral, ethical, and religious convictions about right or wrong. Although this limits discharges to those persons who object to war for essentially religious reasons, which are individually held beliefs, it does not restrict discharg…
Compulsory enrollment and induction into the military service. Conscription first came into use as a legal term in France in 1798. It derives from the Latin conscriptionem, which refers to the gathering of troops by written orders, and conscribere, which means "to put a name on a list or roll, especially a list of soldiers." A person who becomes a member of the armed forces thro…
A change in a legal document agreed to by the parties and binding upon them. Such consensual alteration is usually evidenced by the signing by each party of his or her initials and the date on which the agreement to the changes to the instrument is made. …
Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court. In the context of rape, submission due to apprehension or terror is not real consent. There must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or…
A settlement of a lawsuit or criminal case in which a person or company agrees to take specific actions without admitting fault or guilt for the situation that led to the lawsuit. Most civil lawsuits are settled before going to trial and most settlements are private agreements between the parties. Typically, the plaintiff will file a motion to dismiss the case once the settlement agreement has bee…
Such damages include any loss from general or particular requirements and needs of the buyer that the seller at the time of contracting had reason to know and that could not reasonably be prevented by cover, the purchase of substitute goods or other alternatives. …
An officer of the government authorized by law to act in such a manner that will preserve and maintain the order and safety of the community and the general public. …
Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances. Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both partie…
A consignment is an arrangement resulting from a contract in which one person, the consignor, either ships or entrusts goods to another, the consignee, for sale. If the goods are transported by a carrier to the consignee, the name of the consignor appears on the bill of lading as the person from whom the goods have been received for shipment. The consignee's name appears on it as the person…
A husband was considered to have suffered tangible damages for injury to his wife and, initially, had the sole right to bring an action for loss of consortium. The loss of services that had to be asserted included his wife's general usefulness, household services such as cooking and cleaning, industry, and frugality. Eventually, the assumption evolved that a man suffered these impairments u…
Quasi-business associations formed to provide services, arrange financing, or operate certain enterprises. The involvement of more than one state or institution can be advantageous in expanding the financial and administrative resources available to the entity and, in some cases, permitting services or products to be distributed on a larger and more efficient scale. Various banks, for example, may…
An agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors. Conspiracy is an inchoate, or preparatory, crime. It is similar to solicitation in that both crimes are committed by manifesting an intent to engage in a criminal act. It differs from solicitation in that conspi…
In medieval law, a constable was a high functionary under the French and English kings. The importance and dignity of this position was second only to that of the monarch. The constable led the royal armies and was cognizant of all military matters, exercising both civil and military jurisdiction. It was also his duty to conserve the peace of the nation. State constitutions and laws in the United …
To comprise or put together. That which is duly constituted is properly made up and formally correct and valid. Constituted authorities are officers who are properly appointed under constitutional provision to govern the people. …
The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers. A legislative…
A written document executed by representatives of the people of the United States as the absolute rule of action and decision for all branches and officers of the government, and with which all subsequent laws and ordinances must be in accordance unless it has been changed by a constitutional amendment by the authority that created it. For over 200 years, the Constitution of the United States has …
Phillips decided that the next step was to form a political party, according to his web site, with "the common goal of limiting the federal government to its Constitutional boundaries and restoring the foundations of civil government back to the fundamental principles our country was founded upon." The party that he formed in 1992 was named the U.S. Taxpayers Party, and befitting its…
That which is consistent with or dependent upon the fundamental law that defines and establishes government in society and basic principles to which society is to conform. A law is constitutional when it does not violate any provision of the U.S. Constitution or any state constitution. …
The means by which an alteration to the U.S. Constitution, whether a modification, deletion, or addition, is accomplished. Article V of the U.S. Constitution establishes the means for amending that document according to a two-step procedure: proposal of amendments, followed by ratification. Amendments may be proposed in two ways: by a two-thirds vote of both houses of Congress or by a special conv…
The written text of the state and federal constitutions. The body of judicial precedent that has gradually developed through a process in which courts interpret, apply, and explain the meaning of particular constitutional provisions and principles during a legal proceeding. Executive, legislative, and judicial actions that conform with the norms prescribed by a constitutional provision. A state or…
The process by which the meaning of an ambiguous provision of a statute, written document, or oral agreement is determined. A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance. The judge examines the circumstances surrounding the provision, laws, other writings, verbal agreements dealing with the same subject…
That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character. For example, constructive knowledge is notice of a fact that a person is presumed by law to have, regardless of whether he or she actually does, since such knowledge is obtainable by the ex…
Constructive desertion takes place when a husband or wife intentionally forces the innocent spouse to leave the marital dwelling by acting in an offensive manner. The misconduct must be so extensive as to make marital relations insufferable. …
The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession. Constructive eviction arises when a landlord does not actually evict but does something that renders the premises untenantable. This might occur, for example, where a tenant vacates …
A relationship by which a person who has obtained title to property has an equitable duty to transfer it to another, to whom it rightfully belongs, on the basis that the acquisition or retention of it is wrongful and would unjustly enrich the person if he or she were allowed to retain it. The right to a constructive trust is generally an alternative remedy. The aggrieved party can choose between a…
A tribunal convened by public officials who reside in a foreign country to protect the interests of their country for the settlement of civil cases based upon situations that happened in the foreign nation and which is held pursuant to authority granted by treaty. A consular court exercises criminal jurisdiction in some instances, but its determinations are reviewable by the courts of the home gov…
Founded in 1940, the Consular Law Society is an association of lawyers serving consulates and/or embassies and other attorneys specializing in related international affairs. Its activities include the presentation of awards and the publication of occasional papers. Membership is by invitation. The society meets annually. …
Public officials stationed in a foreign country who are responsible for developing and securing the economic interests of their government and safeguarding the welfare of their government's citizens who might be traveling or residing within their jurisdiction. …
An individual who purchases and uses products and services in contradistinction to manufacturers who produce the goods or services and wholesalers or retailers who distribute and sell them. A member of the general category of persons who are protected by state and federal laws regulating price policies, financing practices, quality of goods and services, credit reporting, debt collection, and othe…
Short-term loans made to enable people to purchase goods or services primarily for personal, family, or household purposes. Consumer credit transactions can be classified into several different classes. Installment credit involves credit that is repaid by the borrower in several periodic payments; loans repaid in one lump sum are classified as noninstallment credit. Installment credit has expanded…
Deceptive practices that result in financial or other losses for consumers in the course of seemingly legitimate business transactions. Following are some of the most common types of consumer fraud. Education is key to combating consumer fraud. The FTC, FBI, NCL, Consumers Union, and Direct Marketing Association all work to educate the public and to identify fraudulent businesses. The Better …
The consumer price index (CPI) is an indicator of the rate of inflation in the economy because it measures changes in the cost of maintaining a particular standard of living. …
The commission has primary responsibility for establishing mandatory product-safety standards in order to reduce the unreasonable risk of injury to consumers from consumer products. It also has the authority to ban hazardous consumer products. The Consumer Product Safety Act (15 U.S.C. 2051 et seq. [1972]) authorizes the commission to conduct extensive research on consumer product standards, to en…
The goal of consumer protection laws is to place consumers, who are average citizens engaging in business deals such as buying goods or borrowing money, on an even par with companies or citizens who regularly engage in business. Historically, consumer transactions—purchases of goods or services for personal, family, or household use—were presumed fair because it was assumed that buye…
The unauthorized use, possession, downloading, duplication, distribution, or sale of copyrighted computer software. Consumers break the law when they make unauthorized copies of software. Whether for profit, free distribution, or personal use, such duplication constitutes copyright infringement. Copyright owners can sue infringers for damages that may include profits made by the infringers, or sta…
To carry into completion; to fulfill; to accomplish. To consummate an agreement is to carry it out completely, as in a consummated sale. It is to bring to completion whatever was either intended or undertaken to be done. …
The apprehension of an individual that his or her life will be ended in the immediate future by a particular illness the person is suffering from or by an imminent known danger which the person faces. The phrase in contemplation of death applies to a gift of property made by its owner who expects to die shortly, the gift being motivated solely by the thought of his or her demise. Such transfers ar…
An act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body. Individuals may be cited for contempt when they disobey an order, fail to comply with a request, tamper with documents, withhold evidence, interrupt proceedings through their actions or words, or otherwise defy a public authority or hold it up to ridicule…
To defend against an adverse claim made in a court by a plaintiff or a prosecutor; to challenge a position asserted in a judicial proceeding, as to contest the probate of a will. …
The language that precedes and follows a series of words, such as a particular sentence or clause. The context of a legal document is often scrutinized to shed light upon the intent of an ambiguous or obscure sentence or clause so that it may be interpreted as its drafter intended. …
The first national legislative assembly in the United States, existing from 1774 to 1789. The First Continental Congress met in Philadelphia between September 5 and October 26, 1774. Although it was officially called simply the Congress, contemporaries referred to it as the Continental Congress in order to distinguish it from the various state congresses. Fifty-six delegates from twelve colonies (…
Fortuitous; dependent upon the possible occurrence of a future event, the existence of which is not assured. The word contingent denotes that there is no present interest or right but only a conditional one which will become effective upon the happening of the designated condition. A contingent remainder is the right to possess property after the death of a person who holds a life estate in the la…
Payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, or 30 percent if it proceeds to trial. Contingent-fee agreements are valid only in civil cases and are frequently used in personal injury cases. Court rules and sta…
The adjournment or postponement of an action pending in a court to a later date of the same or another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it. Courts, by virtue of their authority to hear and determine cases, have inherent discretionary powe…
Continuing legal education is mandatory in 40 states; voluntary programs are offered in the remaining 10. Courses are approved by state boards that oversee continuing education. In states with mandatory continuing legal education, attorneys receive credits for attending lectures and seminars taught by respected attorneys, judges, and scholars. The courses cover a variety of topics involving virtua…
Against; conflicting; opposite. A contra-balance is the amount in an account of a creditor that is the opposite of the usual balance of such an account. It is an account receivable (a debt owed to the creditor) but with a credit balance (an amount owed to the debtor greater than what is owed to the creditor). The creditor therefore owes the debtor money, the opposite of the normal debtor-creditor …
Any property that it is illegal to produce or possess. Smuggled goods that are imported into or exported from a country in violation of its laws. Contraband confiscated by law enforcement authorities upon the arrest of a person for the crimes of production or possession of such goods will not be returned, regardless of the outcome of the prosecution. Marijuana plants, such as these seized by a…
In September 1994, Newt Gingrich and a group of Republican congressional candidates announced their plans for a platform called Contract with America. The ten-point plan helped the Republican Party win a majority in Congress. AP/WIDE WORLD PHOTOS The contract met with mixed results in 1995. The House Republican leadership did indeed put each item to a vote within the first one hundred days.…
Agreements between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. An assignment of a contract is the transfer to another person of the rights of performance under it. Contracts were not assignable at early common law, but today most contracts are assignable unless the nature of the contract or its provisions demonstrates that the parties inten…
A term of French law meaning an act violative of a law, a treaty, or an agreement made between parties; a breach of law punishable by a fine of fifteen francs or less and by an imprisonment of three days or less. In the U.S. legal system, a breach or violation of the provisions of a contract, statute, or treaty. …
Certain principles apply when contribution is sought in contractual situations. Where the parties are severally (individually) liable for a specific portion of a debt, one person who pays in excess of his or her proportionate share has no legal right to contribution from the others for the excess. Where the parties are jointly liable (as a unit) for the payment of a debt, a party who pays in exces…
An actual dispute between individuals who seek judicial resolution of their grievances that have arisen from a conflict of their alleged legal rights. A controversy describes only civil litigation, which is intended to protect and enforce private rights. In contrast, the term case applies to both a civil action and a criminal prosecution, designed to enforce and safeguard the rights of the general…
To contest, deny, or take issue with.…
Willful disobedience. The intentional failure of an individual to obey a summons to appear in court to defend against a charge or to obey an order rendered by the court. …
A constitutional convention is an assembly of representatives or delegates of the people of a state or nation, convened for the purpose of framing, altering, or amending its constitution. Article V of the U.S. Constitution provides that a constitutional convention may be convoked on application of the legislatures of two-thirds of the states. A judicial convention is an assembly of judges of the s…
Derived from or contingent upon the mutual agreement of the parties, as opposed to that created by or dependent upon a statute or other act of the law. A conventional home mortgage is one in which the interest rate is agreed upon by the parties to it: the borrower and the lender. …
By November 1990, a treaty had been completed. Meeting in Paris, Bush, Gorbachev, and other leaders signed the CFE that month. The U.S. Senate approved it on November 25, 1991, by a vote of 90–4. The treaty placed limits on five types of conventional armaments deployed between the Atlantic Ocean and the Ural Mountains: tanks, artillery, armored combat vehicles (such as armored personnel car…
Any unauthorized act that deprives an owner of personal property without his or her consent. A thief, a trespasser, or a bailee may be guilty of conversion because the action may be maintained whether or not the property was lawfully acquired at the outset. For example, a dry cleaner who mistakenly delivers a suit to the wrong customer has converted it. Moving some-one's property without hi…
The transfer of ownership or interest in real property from one person to another by a document, such as a deed, lease, or mortgage. …
To adjudge an accused person guilty of a crime at the conclusion of a criminal prosecution, or after the entry of a plea of guilty or a plea of nolo contendere. An individual who has been found guilty of a crime and, as a result, is serving a sentence as punishment for the act; a prisoner. …
The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding during which the question of guilt is ascertained. In a case where the perpetrator has been adjudged guilty and sentenced, a record of the summary proceedings brought pursuant to any penal statute before one or more justices of the peace or ot…
later thought. He learned the benefits of frugality and self-reliance, and he took great pride in being one of the state's pioneers. He later wrote of the way in which Michigan had been transformed before his very eyes: "It was a state almost lost in its woods … but the magic touch of industry plied by vigorous hands speedily transformed the scene; the woods opened to the buil…
In 1897, Coolidge was admitted to the bar and established his legal firm in Northampton, Calvin Coolidge. © HARRIS & EWING Massachusetts, where he practiced until 1919. He became councilman in Northampton in 1899, then city solicitor from 1900 to 1901, clerk of courts in 1904, and member of the General Court of Massachusetts from 1907 to 1908. In 1910, he was elected mayo…
A cooling-off period is frequently used in labor disputes. There might, for example, be a period of one month following the filing of a grievance by a union or company against the other, during which neither the union nor the company is allowed to take retaliatory actions against each other. …
An association or corporation established for the purpose of providing services on a nonprofit basis to its shareholders or members who own and control it. The nature and functions of cooperatives differ considerably—such as purchasing cooperatives, consumer cooperatives, and marketing cooperatives. In the context of agriculture, a farmers' cooperative refers to an organization of fa…
A bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale. A copyright is a legal device that gives the creator of a literary, artistic, musical, or …
In order for a person to use another's copyrighted work, the person must generally obtain a license from the copyright owner. The terms of the agreement normally depend upon market conditions at the time of the agreement. However, the Copyright Act of 1976, codified in Title 17 of the United States Code, creates an exception under some circumstances whereby a prospective user may obtain a c…
The manner in which the exclusive rights to reproduce and distribute copies of various intellectual productions may be obtained in foreign countries. In 1989, the United States for the first time became a signatory to the oldest and most widely approved international copyright treaty, the Berne Convention for the Protection of Literary and Artistic Works (828 U.N.T.S. 221, S. Treaty Doc. No. 99-27…
The Copyright Royalty Tribunal was established by an act of October 19, 1976 (90 Stat. 2594; 17 U.S.C. 801). The tribunal established and made determinations concerning terms and rates of royalty payments for the use by public broadcasting stations of published nondramatic compositions and pictorial, graphic, and sculptural works. Cost-of-living adjustments were made to non-commercial broadcasting…
To accomplish its goals, the society has undertaken a wide-ranging program including symposia on copyright subjects; workshops for people in such fields as music, motion pictures, and publishing, stressing the practical aspects and mechanics of copyright administration; and publication of materials relating to copyright that otherwise would not be available. Its members are lawyers, laypersons, fi…
[Latin, Before; in the presence of.] The term coram is used in phrases that refer to the appearance of a person before another individual or a group. Coram non judice, "in the presence of a person not a judge," is a phrase that describes a proceeding brought before a court that lacks the jurisdiction to hear such a matter. Any judgment rendered by the court in such a case is void. …
[Latin, In our presence; before us.] The designation of a remedy for setting aside an erroneous judgment in a civil or criminal action that resulted from an error of fact in the proceeding. Modern statutes have expanded the grounds for relief based upon the principles derived from the ancient writ of coram nobis. It is no longer a common-law remedy, but statutes provide for the vacation of a convi…
[Latin, In the presence of the king himself.] After the Norman Conquest of England in 1066, court was held before the king himself—coram rege—whenever matters affecting the royal interest were in issue. When the king began to appoint a tribunal to hear cases for him, it was called the Curia Regis, or the King's Court. From the Curia Regis developed the royal common-law courts.…
Arthur Linton Corbin was a leading legal scholar and professor who made significant and influential contributions to the development of U.S. contract law. Corbin was born October 17, 1874, in Cripple Creek, a small mining town near Colorado Springs. He was raised in Cripple Creek and then left Colorado to attend the University of Kansas, from which he graduated in 1894. He went on to the Yale Law …
For surveying purposes, the designation given to a particular location formed by the intersection of two boundary lines of real property. The process by which a group of investors or dealers in a particular commodity exploit its market by purchasing it in large quantities and removing it from general sale for a time, thereby dramatically increasing its market price because its limited supply is gr…
A consequence or result that can be logically drawn from the existence of a set of facts by the exercise of common sense and reason. …
The main function of a coroner is to conduct inquests, but other powers and duties may include the duty of acting as sheriff, in the event of the sheriff's incapacity, as conservator of the peace, or as magistrate. The duties are considered to be either judicial, ministerial, or both. A coroner who is acting pursuant to his or her statutory authority is immune for error, mistake, or miscond…
Physical punishment, as distinguished from pecuniary punishment or a fine; any kind of punishment inflicted on the body. Corporal punishment arises in two main contexts: as a method of discipline in schools and as a form of punishment for committing a crime. Addressing the remaining constitutional claim, the U.S. Court of Appeals for the Fourth Circuit held that excessive corporal punishment in pu…
Pertaining to or possessing the qualities of a corporation, a legal entity created—pursuant to state law—to serve the purposes set out in its certificate of incorporation. A corporate officer is an individual who is charged with the management of a corporation by virtue of a position as its president, vice president, treasurer, or secretary. …
On October 16, 2001, Enron, the seventh largest corporation in the U.S., announced a $638 million loss in third-quarter earnings. On November 8, 2001, the company publicly admitted to having overstated earnings for four years by $586 million and to having created limited partnerships to hide $3 billion in debt. As investors lost confidence in the company, Enron stock, which had been worth as much …
The distinct status of a business organization that has complied with law for its recognition as a legal entity and that has an independent legal existence from that of its officers, directors, and shareholders. …
Artificial entities that are created by state statute, and that are treated much like individuals under the law, having legally enforceable rights, the ability to acquire debt and to pay out profits, the ability to hold and transfer property, the ability to enter into contracts, the requirement to pay taxes, and the ability to sue and be sued. The rights and responsibilities of a corporation are i…
Possessing a physical nature; having an objective, tangible existence; being capable of perception by touch and sight. Corporeal is the opposite of incorporeal, that which exists but is incapable of physical manifestation, as in the right to bring a lawsuit. …
The physical remains of an expired human being prior to complete decomposition. …
[Latin, Body, aggregate, or mass.]…
[Latin, The body of the crime.] The foundation or material substance of a crime. The corpus delicti is also used to describe the evidence that proves that a crime has been committed. …
[Latin, A body of law.] A phrase used to designate a volume encompassing several collections of law, such as the Corpus Juris Civilis. The name of an American legal encyclopedia, the most recent edition of which is known as Corpus Juris Secundum (C.J.S.®). …
Having a reciprocal relationship in that the existence of one relationship normally implies the existence of the other. Mother and child, and duty and claim, are correlative terms. In the law governing gas and oil transactions, a correlative right is the opportunity of each owner of land making up part of a common source of supply of oil and gas to produce an equitable share of such products. …
A correspondence audit is distinguishable from a field audit and an office audit in the manner in which it is conducted. …
Securities firms may have correspondents in foreign countries or on exchanges—organizations that provide facilities for convening purchasers and sellers of securities—of which the firms are not members. …
To support or enhance the believability of a fact or assertion by the presentation of additional information that confirms the truthfulness of the item. The testimony of a witness is corroborated if subsequent evidence, such as a coroner's report or the testimony of other witnesses, substantiates it. …
Attainder and the consequent corruption of the blood were abolished by English statutes and are virtually unknown in the United States. …
In 1911, Corwin was promoted to full professor. Seven years later, he was appointed to a chair first occupied by Wilson, the McCormick Professor of Jurisprudence, which Corwin held until his retirement from Princeton in 1946. In 1924, he also became chair of the newly formed Department of Politics. Corwin was known at Princeton as a demanding yet popular professor; students regularly voted his cou…
The cosigner may be held equally responsible for the payment of the debt or may be required to pay only upon the failure of the original obligor to do so, depending upon state law and the terms of the agreement that also determine the rights of the cosigner. Cosigner is synonymous with the term comaker. …
Fees and charges required by law to be paid to the courts or their officers, the amount of which is specified by court rule or statute. A monetary allowance, granted by the court to a prevailing party and recoverable from the unsuccessful party, for expenses incurred in instituting or defending an action or a separate proceeding within an action. A bill of costs is a certified, itemized statement …
A legislative body of local government. A group of persons who, whether elected or appointed, serve as representatives of the public to establish state or municipal policies and to assist the chief executive of the government unit in the performance of duties. …
An attorney or lawyer. The rendition of advice and guidance concerning a legal matter, contemplated form of argument, claim, or action. The terms counsel and advise are frequently employed as synonyms for the term aid and abet to describe a person who, while not actually performing a criminal act, induced its performance or contributed to it. The term junior counsel refers to the younger member of…
The term counsellor is commonly used interchangeably with attorney, except in a few states where the terms refer to lawyers of different ranks. In such states, an attorney may become a counsellor only after practicing law for a certain designated period of time and passing an additional examination. Formerly, the Supreme Court of the United States made a distinction between a counsellor and an att…
The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure. Sometimes count is used to denote the numbered paragraphs of a complaint, each of which sets out an essential element of the claim. Federal and state rules of criminal procedure govern the standards that a criminal count must satisfy in federal and state criminal …
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. …
A comprehensive term for the vulnerability of a foreign government to retaliatory suits against it arising out of a lawsuit that it commences against a party. A foreign nation that is a plaintiff in an action brought before a court of another nation is not barred in appropriate cases from invoking the act of state doctrine to preclude a counterclaim against it. This doctrine provides that, as a ge…
To falsify, deceive, or defraud. A copy or imitation of something that is intended to be taken as authentic and genuine in order to deceive another. A counterfeit coin is one that may pass for a genuine coin and may include a lower denomination coin altered so that it may pass as a higher denomination coin. …
The process of fraudulently manufacturing, altering, or distributing a product that is of lesser value than the genuine product. Counterfeiting is a criminal offense when it involves an intent to defraud in passing off the counterfeit item. The law contains exemptions for collector's items and items that are so obviously dissimilar from the original that a reasonable person would not consid…
In contract law, a proposal made in response to an original offer modifying its terms, but which has the legal effect of rejecting it. A counteroffer normally terminates the original offer, but the original offer remains open for acceptance if the counteroffer expressly provides that the counteroffer shall not constitute a rejection of the offer. …
The inscription of one's name at the end of a writing, done by a secretary or a subordinate, to attest to the fact that such a writing has been signed by a principal or a superior, thereby vouching for the genuineness of the signature. To write one's name at the end of a document—in addition to the inscription of a name by another—to attest to the authenticity of the si…
A political subdivision of a state, the power and importance of which varies from one state to another. In the state of Louisiana, a state political subdivision is known as a parish. Comparable to counties, parishes have no independent existence apart from the state but possess only such authority as the state grants them. …
A certificate evidencing the obligation to pay an installment of interest or a dividend that must be cut and presented to its issuer for payment when it is due. …
A clearly recognizable pattern of previous conduct between parties to a business transaction. The course of dealing between parties to an action is examined by a court in ascertaining what the parties intended when they entered into a contract. The supposition is that the parties drew up the contract in view of the customary manner in which business had been transacted prior to the signing of the …
Workers' compensation laws require the payment of compensation from the employer to the employee in conformity with a schedule for a particular category of injury, provided that the employee is injured during the course of employment. The course of employment encompasses the actual period of employment and the period during which the employee, while on the employer's premises, prepar…
Evidence of the conduct of parties concerning the execution of obligations under a contract requiring more than one performance that is used for the purpose of interpreting the contract's provisions. Course of performance refers to the systematic and uniform conduct in which parties engage after they enter into a contract. The intent of the parties in regard to the meaning of the agreement …
A judicial tribunal established to administer justice. An entity in the government to which the administration of justice is delegated. In a broader sense, the term may also refer to a legislative assembly; a deliberative body, such as the General Court of Massachusetts, which is its legislature. The words court, judge, or judges, when used in laws, are often synonymous. A kangaroo court is a mock…
An officer of the judicial system who performs administrative and clerical duties essential to the proper operation of the business of a court, such as tracking trial dates, keeping records, entering judgments, and issuing process. A go-between for judges, attorneys, and clients, the court administrator essentially runs the court's business. The behind-the-scenes work of this position range…
Persons appointed by a judge to find facts, to hear testimony, or to perform a specific function connected with certain types of cases. An attorney, a judge, a retired judge, or any person with the background necessary to comprehend complex legal matters may be a court commissioner, although a court commissioner is not a judge. The court that the court commissioner serves ordinarily reviews his or…
In old English practice, the peculiar style and form of writing in which court records were transcribed from the earliest period to the reign of George II, circa 1760. This form of Latin shorthand was characteristically concise, strong, and absolutely uniform even though it was handwritten. Due to the numerous and unusual abbreviations and contractions, proficiency in the art of court hand was an …
Three levels of courts exist in the military justice system: military trial courts, courts of military review, and the U.S. Court of Military Appeals. Courts-martial are handled by the lowest courts, which are presided over by military trial judges who are quite similar to U.S. district court judges. These judges are commissioned officers selected by judge advocates according to rules established …
An intermediate federal judicial tribunal of review that is found in thirteen judicial districts, called circuits, in the United States. A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment. In some states, the court of appeals is an intermediate appellate tribunal that reviews the decisions…
A state judicial tribunal established as the forum in which to bring certain types of lawsuits against the state or its political subdivisions, such as a county. The former designation given to a federal tribunal created in 1855 by Congress with original jurisdiction—initial authority—to decide an action brought against the United States that is based upon the Constitution, federal l…
A judicial body that exercises jurisdiction over the acceptance of wills as valid documents and over the management and settlement of the estates of minors or of spendthrifts, of mentally incompetent persons, and of habitual drunkards. …
A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing, though occasionally an oral opinion is rendered. Court opinions are the pronouncements of judges on the legal c…
The Courtroom Television Network (Court TV) is a cable network devoted to explaining law to the layperson. Founded in 1991, this novel venture in television programming was a long shot: few thought a twenty-four-hour-a-day, seven-day-a-week diet of live trials and legal analysis would succeed. Within two years, though, the network ranked fourth in the Nielsen Company's daytime cable ratings…
Inferior judicial tribunals in England, created by special enactments of Parliament, that possessed local jurisdiction to determine actions involving claims for small debts. These courts were abolished in 1846 and replaced by county courts. …
An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something. The individual making the promise or agreement is known as the covenantor, and the individual to whom such promise is made is called the covenantee. Covenants are really a type of contractual arrangement that, if validly reached, is enforceable by a court. …
When the common-law system was first developing in England after the Norman Conquest of 1066, the king's courts were little concerned with the personal disputes of private parties. When the royal courts began assuming more authority the procedure for asserting a legal claim became more technical. A dispute would not be heard unless the plaintiff could make out a claim in an established form…
These concerns led Louisiana, in 1997, to enact the first covenant marriage law in the United States (L.S.A.-R.S. 9:272 et seq. [1997]). The law created two forms of marriage in the state: the traditional marriage contract, with minimal formalities of formation and dissolution, and a covenant marriage, which imposes heightened requirements for entering and leaving a marriage. Supporters of the cov…
To protect or shelter; to make good; to insure. To cover a check means to deposit sufficient funds in a bank account to pay the amount written on a check or checks. The right of a purchaser to buy goods other than those that were originally contracted for as a remedy in the event of a breach of contract by the seller. …
The risks that are included in the terms of an insurance contract for protection under the policy; the amount and type of insurance. An insurance policy provides coverage for particular losses, such as theft, fire, or accidents. The provisions of each individual policy determine the duration, extent, and nature of the coverage. …
An archaic term that refers to the legal status of a married woman. During coverture means within the duration of the marriage. …
Since 1971, the president had been surreptitiously recording conversations in the White House, and Cox believed that the tapes contained key evidence. Cox put pressure on Nixon to release the recordings. Nixon refused, claiming that he had a constitutional right to keep presidential documents confidential. Cox warned that the refusal would precipitate a constitutional crisis. The Senate Select Com…
An abbreviation for certified public accountant. A CPA is a trained accountant who has been examined and licensed by the state. He or she is permitted to perform all the tasks of an ordinary accountant in addition to examining the books and records of various business organizations, such as corporations. …
An association of laborers wherein all the members do the same type of work. In a craft union, the members all perform an occupation, or trade, that relies on the use of the hands. They practice a particular trade and perform their work in different industries for a variety of employers. Carpenters and tool and die makers are types of employees who may belong to a craft union. …
In 1791, Cranch moved to Washington, D.C., to become a legal agent for a real estate firm that made large and speculative investments in the city based on the municipality's recent selection to be the nation's capital. The venture later proved to be financially disastrous, and Cranch was financially ruined as a result of its collapse. In 1800, John Adams, by then president, came to C…
Believability. The major legal application of the term credibility relates to the testimony of a witness or party during a trial. Testimony must be both competent and credible if it is to be accepted by the trier of fact as proof of an issue being litigated. The credibility of a witness or party is based upon the ability of the jury to trust and believe what he or she says, and relates to the accu…
A sum in taxation that is subtracted from the computed tax, as opposed to a deduction that is ordinarily subtracted from gross income to determine adjusted gross income or taxable income. A claim for a particular sum of money. The ability of an individual or a company to borrow money or procure goods on time, as a result of a positive opinion by the particular lender concerning such borrower…
A privately owned, profit-making establishment that—as a regular business—collects and compiles data regarding the solvency, character, responsibility, and reputation of a particular individual or business in order to furnish such information to subscribers, in the form of a report allowing them to evaluate the financial stability of the subject of the report. Credit bureaus ordinari…
The Reconstruction era after the Civil War was a time of chaos, reorganization, and corruption that affected not only lesser state officials but also federal government agents. The Crédit Mobilier affair, which had its early beginnings in 1864 but was not publicly investigated until 1873, is an example of the corrupt practices that characterized the period. Cartoonist Joseph Keppler off…
A credit union can be distinguished from other financial institutions by the fact that membership is ordinarily restricted to individuals who meet certain residential or occupational criteria. In addition, it can make loans of a more diversified nature than certain institutions, such as building and loan associations. …
An attachment creditor is an individual who has obtained an order of attachment from a court to command a sheriff to seize the property of a debtor who has defaulted in the repayment of an outstanding obligation so that the property may be used to satisfy the creditor's claim. A general creditor or creditor at large is an individual who has neither a lien nor a security interest in the prop…
An equitable proceeding initiated by a person who has obtained—and is entitled to enforce—a money judgment against a debtor to collect the payment of a debt that cannot be reached through normal legal procedures. …
Although the number of federal crimes continued to grow throughout the twentieth century, the perception persisted that crime was rampant throughout the United States, particularly during the turbulent times of the 1960s. Faced with the high incidence of crime throughout the country, Congress enacted the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. No. 90-351, 82 Stat. 197 (codified…
Acts or omissions that are in violation of law. Each state in the United States, as well as the federal government, maintains a body of criminal laws. As populations have increased and personal interactions and business transactions have grown more complicated, criminal laws have likewise grown in number and complexity. Most jurisdictions codify criminal statutes in a separate section in their law…
Pertaining to, or involving, crimes or the administration of penal justice. An individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law; a person who has committed a crime. …
The procedure by which a person accused of committing a crime is charged, brought to trial, and judged. The main part of a criminal action is the trial in which the innocence or guilt of the accused is determined. If the defendant is not found guilty, he or she will be acquitted of the charges. If the defendant is found to be guilty, a suitable punishment, such as a fine, imprisonment, or even a d…
A few states still permit a lawsuit for damages by the injured spouse against the wrongdoer. Many states have abolished this action. …
The loss of a criminal defendant's rights to property which is confiscated by the government when the property was used in the commission of a crime. The seizure by law enforcement officers of an automobile used in the transportation of illegal narcotics is a criminal forfeiture. …
A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable …
The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner. …
The framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal (a judgment of not guilty) or by the imposition of a term of punishment pursuant to a conviction for the crime. …
The scientific study of the causation, correction, and prevention of crime. …
An intellectual movement whose members argue that law is neither neutral nor value free but is in fact inseparable from politics. Several subcategories exist within the CLS movement: feminist legal criticism, which examines the role of gender in the law; critical race theory (CRT), which is concerned with the role of race in the law;