Thomas Reade Rootes Cobb achieved prominence as a legislator and was known for his staunch secessionist views. He was born April 10, 1823, in Jefferson County, Georgia. An 1841 graduate of the University of Georgia, Cobb was admitted to the Georgia bar the following year. As a jurist he achieved prominence for his authorship of legal publications, including A Digest of the Statute Laws of the Stat…
Johnnie L. Cochran Jr. built a reputation as a tough, uncompromising litigator by working on both sides of the courtroom. He has been the third-highest-ranking official of the Los Angeles County district attorney's office, and he has fought numerous cases in private practice. The recurrent theme of his career is social justice: Cochran specializes in representing African-American clients he…
Sir Alexander James Edmund Cockburn was an eminent British jurist. He was born December 24, 1802. He graduated in 1829 from Trinity Hall, Cambridge, England. In 1847, Cockburn began his career in Parliament as a liberal. He served in the British government as attorney general from 1851 to February 1852; he resumed these duties in December of 1852 and continued until 1856. In that same year, he pre…
To meet this need, Congress created the Code of Federal Regulations (C.F.R.) as a more permanent and better organized source of federal regulations. The original methods employed in compiling the code are still used. Documents are selected from the Federal Register and arranged in a scheme of fifty titles, some of which are the same as the titles used to organize federal statutes in the U.S. Code.…
The collection and systematic arrangement, usually by subject, of the laws of a state or country, or the statutory provisions, rules, and regulations that govern a specific area or subject of law or practice. The term codification denotes the creation of codes, which are compilations of written statutes, rules, and regulations that inform the public of acceptable and unacceptable behavior. Civil l…
The intimidation of a victim to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats. The crime of intentionally and unlawfully restraining another's freedom by threatening to commit a crime, accusing the victim of a crime, disclosing any secret that would seriously impair the victim's reputation in the communit…
The adjective "cognizable" has two distinct (and unrelated) applications within the field of law. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal. The term means that the claim or controversy is within the power or jurisdiction of a particular court to adjudicate. …
A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. Couples cohabit, rather than marry, for a variety of reasons. They may want to test their compatibility before they commit to a legal union. They may want to maintain their single status for financial reasons. In some cases, such as those involving gay or lesbian couples, or indi…
Felix Solomon Cohen was born July 3, 1907, in New York City. He graduated from the College of the City of New York with a bachelor of arts degree in 1926. He subsequently received a master of arts degree in 1927, a doctor of philosophy degree in 1929 from Harvard University, and a bachelor of laws degree from Columbia Law School in 1931. In 1931 and 1932 Cohen performed the duties of secretary to …
Morris Raphael Cohen achieved prominence as an educator and author. In 1899, Cohen began his teaching career as a history teacher at the Educational Alliance in New York. He also taught at Davidson Collegiate Institute from 1900 to 1901, and in 1902 he accepted a position as mathematics teacher at his alma mater, the College of the City of New York. He held that position until 1912, when he switch…
In private practice in New York, Cohn flourished. Although many intellectuals excoriated him for his role in the McCarthy witch hunts, he gained prominent clients from across the political spectrum. He represented everyone from alleged mafia bosses to pop stars, and he was largely successful, often without having to appear in court. Cohn had developed the right Roy Marcus Cohn. AP/WIDE WORLD …
A provision of an insurance policy that provides that the insurance company and the insured will apportion between them any loss covered by the policy according to a fixed percentage of the value for which the property, or the person, is insured. Insurance is intended to spread the risk of any loss among every insured who purchases a particular type of policy from an insurance company and the comp…
In 1956 Hoover interpreted a recent federal law—the Communist Control Act of 1954 (50 U.S.C.A. § 841)—as providing the general authority for a covert campaign against the U.S. Communist party. Officially, the law stripped the party of "the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States.�…
In 1582, Coke married Bridget Paston. The union brought him a considerable fortune in money and land, as well as seven children. With his later political power, he was able to add greatly to his wealth over the course of his life. His first wife died in 1598. His subsequent marriage a few months later to Lady Elizabeth Hatton, twenty-six years his junior and granddaughter of Burghley, was a troubl…
The cold war began in the aftermath of World War II. Although only recently allied against Germany, the United States and the Soviet Union saw their relationship quickly dis-integrate. The division of Europe, with the Soviet bloc countries sealed off behind what Churchill called the "iron curtain," had been the first blow. A fear that Communism would A family sits in their bomb s…
A collective bargaining agreement is the ultimate goal of the collective bargaining process. Typically, the agreement establishes wages, hours, promotions, benefits, and other employment terms as well as procedures for handling disputes arising under it. Because the collective bargaining agreement cannot address every workplace issue that might arise in the future, unwritten customs and past pract…
The term college is a general one that encompasses a wide range of higher-education institutions, including those that offer two- to four-year programs in the arts and sciences, technical and vocational schools, and junior and community colleges. The term university specifically describes an institution that provides graduate and professional education in addition to four-year post-secondary educa…
William Miller Collier. LIBRARY OF CONGRESS In 1905 Collier entered the diplomatic field and for the next four years he served as U.S. minister to Spain. and served in this capacity for the next three years. In 1921 Collier reentered the foreign service and served as ambassador to Chile until 1928. Collier was the author of several noteworthy publications, including Collier on Bankrup…
An agreement between two or more people to defraud a person of his or her rights or to obtain something that is prohibited by law. Virtually all jurisdictions have adopted no-fault divorce statutes or laws that allow a couple to obtain a divorce without traditional fault grounds, such as adultery or cruel and inhuman treatment. Because of this development, collusive divorces should diminish in num…
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 …
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…
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 …
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…
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…
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. …
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 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 unsuc…
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…
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…