Susan Ellis Wild - Webster's New World Law Dictionary

tion, or administrative rule written by the drafters of the statute, section, or rule. See also annotation.

comment on evidence n. Statements made during a trial by a judge or lawyer regarding his or her own opinion about the evidence and the credibility of the witnesses. In many states, judges are not permitted to make such statements. Furthermore, a prosecutor may not comment on the defendant’s refusal to testify in a criminal action. When made, such prohibited statements are sometimes called an impermissible comment on the evidence.

commerce n. The exchange of goods, materials, products, and services or the travel of people.

foreign commerce. Commerce that involves the transport of goods, materials, products, services, or people across international boundaries.

interstate commerce. Commerce that involves the transport of goods, materials, products, services, and people within the United States but across state boundaries.

intrastate commerce. Commerce that completely takes place within the boundaries of a state.

commerce clause n. The provision in the United States Constitution that gives Congress the sole power to regulate the United States’ foreign commerce, interstate commerce, and commerce with Native American tribes.

commerce power See commerce clause.

commercial frustration See frustration. commercial name See tradename.

commercial law n. The substantive law concerning the purchase and sale of

goods and related matters such as the financing of credit, secured transactions, and negotiable instruments. Most commercial law in the United States is set out in the Uniform Commercial Code.

commercial paper n. A negotiable instrument evidencing a debt to be unconditionally paid on demand or at a specified time and payable to order or to the instrument’s bearer; includes such instruments as certificates of deposit, checks, drafts, and notes. The use of commercial paper is generally governed by the Uniform Commercial Code. Also called paper. See also accommodation paper and chattel (chattel paper).

commercially reasonable See reasonable.

commercial unit n. A unit of goods that is regarded by trade or commercial usage to be a single whole that cannot be divided without materially diminishing or harming its character, market value, or use; for example, a chair is a commercial unit.

commingling of funds n. The mixing by a fiduciary, trustee, or lawyer of the money or property of a customer or client with his own without a detailed and exact accounting of which part of the common funds and property belong to the customer or client.

commission n. 1 A formal written document from a government or court empowering the individual named therein to hold an appointive office or to perform official duties. In the case of an appointive office, the individual must receive the commission before she can act in their official capacity. 2 See administrative agency. 3 A group of individuals appointed by a governmental authority to perform some public service on an ad hoc basis. 4 The act of committing or

perpetrating a crime. 5 Compensation paid to an agent, employee, executor, or trustee based on a percentage of the money collected or to be collected in a transaction or a percentage of the value of the property involved. See also kickback and royalty.

commit v. 1 To do; perpetrate. 2 To order a person’s placement in, or to send a person to, a hospital, mental health facility, prison, or similar institution, especially pursuant to court order.

commitment n. 1 A promise, vow, or agreement to do something. 2 An order, especially one from a court, directing that a person be taken to and placed in the care or custody of a hospital, mental health facility, prison, or similar institution.

civil commitment. The commitment of a person to a hospital, mental health facility, or similar institution upon a civil court’s finding that the person is ill, incompetent, addicted to drugs, or in some similar circumstances and is a danger to himself or others.

diagnostic commitment. 1 The incarceration of a person while it is determined whether she is competent to participate in the preparation and presentation at trial of a defense in a criminal action. 2 The incarceration of a person after she has been convicted of a crime while an appropriate sentence is determined.

mandatory commitment. The automatic commitment of a person found not guilty of a crime by reason of insanity to a hospital, mental health facility, or similar institution. Required under federal law when dealing with a person charged with a federal crime, but not required by law in most states.

mortgage commitment. See mortgage.

voluntary commitment. The commitment of a person to a hospital, men-

tal health facility, or similar institution at the request or with the consent of the individual.

committee n. 1 A person or group of people who are members of a larger body or organization and are appointed or elected by the body or organization to consider, investigate, or make recommendations concerning a particular subject or to carry out some other duty delegated to it by the body or organization on an ad hoc or permanent basis. 2 A person who has been civilly committed. 3 The guardian of a civilly committed person or the individual into whose care an incompetent person has been placed. See also conservator.

commodity n. Any tangible good or product that is the subject of sale or barter.

common area n. 1 In landlord-tenant law, a part of the premises that is used by all the tenants, of which the landlord retains control and is responsible to maintain in a reasonably safe condition; for example, an elevator, hallway, or stairway. 2 An area that is owned and used by the residents of a condominium or similar housing development.

common carrier See carrier.

common law n. 1 A legal system derived from the broad and comprehensive principles encompassed within the unwritten laws of England and applied in most English-speaking countries, including the United States (except the state of Louisiana). The principles are created and modified by judicial decisions; passed on through custom, traditional usage, and precedent; are adaptable when applied to new facts and circumstances; and are changeable when required. Although much of what was once part of the common law, such as commercial law and criminal law, has been codified, other areas of the law,

such as contract law, property law, and tort law, are still primarily governed by the principles of the common law. See also case law, casus omissus, civil law, and natural law. 2 The legal procedures and decisions of courts of law as distinguished from courts of equity. Also called law.

federal common law. The case law derived from federal court decisions interpreting federal statutes or addressing other matters of federal concern.

common law marriage See marriage.

common law property state See common law state.

common law state n. A state whose rules governing the ownership, division and inheritance of income and property acquired by a husband or wife during the course of their marriage holds that, subject to various qualifications, each spouse owns and has complete control over his or her own income and property. Also called common law property state and separate property state. See also elective share, equitable distribution, property, and community property state.

commonwealth n. 1 The people of a state or country. 2 A state or country where sovereignty is vested in the people.

communication n. 1 The exchange, imparting, or transmission of ideas, information, opinions, or thoughts, transmitted electronically or by gestures, speech, or writing. 2 A message so exchanged, imparted, or transmitted.

confidential communication. A communication made during the course of a confidential relationship that is legally protected from involuntary disclosure and may be withheld from evidence. See also privilege.

privileged communication. A communication made, whether or not during course of a confidential relationship, that is legally protected from involuntary disclosure and may be withheld from evidence. See also privilege.

community n. 1 A group of people living together or in the same locality or who share interests or a sense of identity. 2 The area, district, locality, neighborhood, or vicinity where a group of people lives.

marital community. A married couple in a community property state.

community notification law See

Megan’s Law.

community of interest n. A common grievance, interest, or other similarity among a group of people that justifies treating them as a class for legal purposes. See also action.

community property n. In a community property state, the income and property acquired by a couple during the course of their marriage, except for the income or property obtained solely by one of them by gift or inheritance. See also property, equitable distribution, and tenancy.

community property state n. A state in which income or property acquired by a husband or wife during the course of their marriage, except for the income or property obtained solely by one of them by gift or inheritance, is community property.

commutation n. In criminal law, the president’s or governor’s substitution of a less severe punishment for a greater one that was imposed by a court in a criminal action. See also amnesty, pardon, and reprieve.

commutative justice See justice.

compact n. An agreement between two or more parties, especially between states or a treaty between countries.

interstate compact. An agreement between two or more states that has been approved by Congress.

compact clause n. A provision in the United States Constitution that prohibits a state from entering into an agreement with another state or a foreign country without Congressional approval.

company n. A group of individuals, such as an association, corporation, partnership, or union, associated for the purpose of carrying out, maintaining, or performing a commercial or industrial enterprise.

holding company. A company, usually a corporation, organized to influence or control other companies by such means as owning large amounts of stock in other corporations. See also company.

joint stock company. An unincorporated company whose owners pool capital into a common fund in exchange for a number of shares proportionate to their respective investments. However, unlike a partnership, the shares can be transferred without the express consent of the other owners and, unlike a corporation, the owners are personally liable to the company’s creditors if the company cannot pay its bills. See also company.

limited company. A company, usually a corporation, in which the investor or shareholder’s liability is limited to the amount invested or the value of the person’s share.

limited liability company (LLC). An entity that blends features of a corporation and a partnership, but is neither; owners are called “members” and may consist of one or

more individuals, corporations, or even other LLCs. Members have some of the same protection as stockholders in a corporation, especially, no personal liability.

parent company. A corporation that owns more than half of the voting stock of another corporation. Also called parent corporation. See also affiliate, company, corporation, and subsidiary.

personal holding company. A holding company, usually with a limited number of shareholders and with over half of its income coming from such passive sources as capital gains, dividends, interest, rent, and royalties. The income is subject to a special tax in order to prevent individuals from avoiding income taxes by placing their assets in such corporations.

trust company. A company, usually incorporated, that provides trust services, such as administering trusts and managing funds and property held in trust. Trust companies sometimes operate as commercial banks as well.

comparative negligence See negligence.

compelling governmental interest test See compelling interest test.

compelling interest test n. In constitutional law, a method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification. In order for the statute to be valid, there must be a compelling governmental interest that can be furthered only by the law in question. Also called compelling governmental interest test and, in the case of a state statute, the compelling state interest test.

compelling state interest test See compelling interest test.

compensating use tax Same as use tax. See tax.

compensation n. 1 Payment for work done. 2 Payment for injury, loss, or otherwise depriving a person of something he or she is entitled to. See also damages.

deferred compensation. 1 Payment at some agreed time in the future for work already done. 2 Payment for work done paid in a tax year subsequent to when the payment is earned or paid in a manner, such as contributing to a qualified pension or profit-sharing plan, that postpones the employee’s tax liability for the payment.

just compensation. The compensation to a property owner required by the Fifth Amendment to the United States Constitution whenever a state government or the federal government takes possession of private property by means of eminent domain for public use. Generally, the amount of compensation is the market value of the property at the time of the taking. See also eminent domain.

compensatory damages See damages.

competent 1 Possessing sufficient mental ability to understand an issue, problem, or situation; to make a reasonable decision concerning it; and to understand and appreciate the potential consequences of the decision. See also capacity, compos mentis, and insanity. 2 Possessing the legal authority, jurisdiction, qualification, or legally required mental ability to perform a task.

competent evidence. See evidence.

competent witness. See witness.

competition n. Rivalry, as between two individuals or entities, a quest to secure an advantage over another; in business, rivalry for customers or a share of the marketplace. See unfair competition.

compilation n. 1 In copyright law, an assemblage of data or preexisting literacy works that is selected and arranged in such a way that it results in an original work of authorship. 2 A collection of updated statutes that have been rearranged to make their use more convenient.

complainant n. 1 One who enters a complaint against another in a civil action. 2 One who signs and swears to a criminal complaint.

complaint n. The initial pleading of a plaintiff in a civil action that identifies the court’s jurisdiction, the alleged facts that entitle the plaintiff to relief, and the relief sought. See also ad damnum clause, bill, petition, and prayer.

amended complaint. A complaint that substitutes for the original complaint and adds to, corrects, revises, or subtracts from the alleged facts contained in the original complaint.

criminal complaint. A document, signed and sworn to by a victim or witness to a crime or by a police officer, alleging facts that give rise to a reasonable belief that a crime has been committed and that a person named in the instrument committed that crime. Also called a complaint.

third-party complaint. A complaint by the defendant in a civil action against a person or entity who is not a party to the proceeding, to whom the defendant alleges a right of contribution or indemnity from that person, should the defendant

be found liable to the plaintiff. See also action.

well-pleaded complaint. A complaint in a civil action that identifies the court’s jurisdiction, the alleged facts that entitle the plaintiff to relief, and the relief sought in a manner sufficient for the defendant to respond to the issues contained therein.

completed contract method An accounting method that does not record the income and expenses of a long-term project until the project is completed. See also accrual method and cash method.

completion bond See bond.

compos mentis adj. Latin. Master of one’s mind. In sound mind; mentally competent. Sometimes shortened to compos. See also non compos mentis.

compound v. 1 To determine the interest on the principal and on whatever interest has already accrued. 2 To settle a claim or debt for an amount less than what is alleged to be due. 3 To agree, in exchange for consideration, not to prosecute a crime or seek punishment for the convicted criminal. See also compounding a crime.

compounding a crime n. The offense committed by a victim of a crime when he or she fails to report or prosecute the offender or agrees to hamper prosecution in exchange for a bribe, act of atonement, or making of amends by the criminal. In some states, it is not a crime if the victim agrees not to prosecute when the criminal returns what was taken or pays remuneration to the victim for the injury or loss. See also misprision of felony.

compound interest See interest.

compromise 1 n. An agreement between two or more parties to settle differences between them by mutual concessions. 2 n. The result of such concessions. 3 v. To end a dispute by compromise. 4 v. To adjust by concessions. 5 n. Something midway between two or more conflicting, different, or opposing things. 6 n. A partial payment made by a debtor in exchange for the creditor’s promise not to seek payment of the remainder owed or claimed.

compromise verdict See verdict.

compulsory adj. Compelled, mandated, obligatory, or required, especially if by legal process or a statute.

compulsory appearance See appearance.

compulsory arbitration See arbitration.

compulsory counterclaim See counterclaim.

defendant to utilize the subpoena power to compel the appearance of favorable witnesses at trial. In civil actions, the right is established by statute and, in some states, by the state constitution. In criminal cases, it is established by the due process clause of the Sixth Amendment of the United States Constitution. In some cases, the right is also available during hearings or investigations conducted by an administrative agency or a legislative committee.

concealment n. 1 The act of hindering or preventing the discovery, knowledge, or sight of something. 2 The hiding or placement of an object out of notice or sight.

active concealment. The concealment by deeds or speech of something that one has a duty to reveal.

fraudulent concealment. The failure to inform another of a material fact that one has a duty to reveal, with the intention that the other party rely upon the omission to his or her detriment.

passive concealment. The concealment of something by maintaining silence when one has a duty to speak.

concealment rule n. The legal doctrine that when a plaintiff is hindered or kept from discovering the existence of a claim by the actions of a defendant, the statute of limitations is tolled until the plaintiff discovers or should have discovered the claim.

concerted action n. Activity that is planned, agreed upon, arranged, and carried out by parties acting together with the shared intent to pursue some scheme or cause. Typically, each party involved is civilly and criminally liable for the actions of all the other parties committed in furtherance of the scheme or cause. Also called concert of action. See also conspiracy, tortfeasor, and concert of action rule.

concert of action See concerted action.

concert of action rule n. In criminal law, the doctrine that two or more parties who agree to commit a particular crime cannot be prosecuted for conspiracy or concerted action if the agreedupon crime can be committed only by the exact number of parties involved. However, if any additional parties also participate in the underlying crime, all participants may be liable for conspiracy or concerted action. Also called Wharton Rule. See also concerted action, conspiracy, and tortfeasor.

conciliation n. 1 The amicable resolution of a dispute. 2 A method of alternative dispute resolution whereby a third party, who is usually but not necessarily neutral, meets with the parties and assists them to find a way to settle their dispute. See also arbitration, mediation, and summary proceeding. 3 In family law, an attempt by a third party to assist a couple to settle their differences and stay together. See also mediation.

conciliator n. A person who helps parties to find a way to resolve their disputes. See also conciliation, arbiter, arbitrator, and mediation.

conclusion of fact n. A deduction reached without applying any substantive law, but entirely from facts that are observed or shown to be true or genuine. For example, the determination that Jones’ bicycle had a flat tire when he purchased it is a conclusion of fact. See also conclusion of law and findings of fact.

conclusion of law n. An inference reached by applying substantive law to the facts. For example, unless there is an express or implied warranty or products liability law that applies to Jones’ bicycle, the substantive legal principle known as caveat emptor will prevent

Jones from holding the seller of the bicycle liable for the bike’s flat tire. See also conclusion of fact and findings of fact.

conclusive presumption See presumption.

concur v. 1 To agree, approve, or consent to, especially regarding an action or opinion. 2 Regarding a decision of a court or court panel that has more than one judge, to agree with the opinion of another judge, but not necessarily for all the same reasons or for a different reason altogether. See also dissent.

concurrent adj. 1 Existing or occurring at the same time. 2 Cooperating; coordinated; united in purpose, action, or application. 3 Simultaneously having authority or jurisdiction over the same legal action, dispute, or matter.

condemn v. 1 To expropriate private property, usually land, for public use. See also appropriation and eminent domain. 2 To adjudge someone guilty of a crime or to impose sentence, especially a severe penalty such as death or life imprisonment. 3 To adjudge something, often a building, to be illegal, unfit for public use, or a hazard to the public and order it to be destroyed.

condemnee n. 1 A person or entity whose property has been condemned or is about to be expropriated. 2 A person or entity who claims an interest in property that is being expropriated.

condemnor n. A governmental or semi-public entity that has condemned, or has the power to condemn, private property.

condition n. 1 A prerequisite or stipulation in an instrument. 2 A future and uncertain event, fact, or circumstance whose existence or occurrence is necessary for the existence or determining the extent of an obligation or liability. See also estate and fee simple.

concurrent condition. A condition precedent that must exist, occur, or be performed at the same time as another, but separate, condition before a duty or obligation arises.

condition precedent. A condition (other than lapse of time) that must exist, occur, or be performed before a liability or obligation arises.

condition subsequent. A condition that, if it occurs or comes into existence, will extinguish a duty or obligation.

condominium n. An individual residential or commercial unit in a multiunit building wherein each unit’s owner also owns the common areas, such as the hallways and elevators, as a tenant in common with the other units’ owners. See also cooperative.

condonation n. 1 The forgiveness, purposeful disregard, or tacit approval by a victim of another’s illegal or objectionable act, especially by treating the other person as if nothing happened. 2 In family law, an act (especially participation in sexual relations) indicating forgiveness by one spouse of the other spouse’s improper conduct (such as adultery) when that wrongful conduct is a potential ground for divorce. In some states, condonation is an affirmative defense in a divorce action if the act asserted as grounds for the divorce is the act that was condoned, the act was not repeated after the condonation, and the spouse who acted wrongfully does not deny conjugal rights to the other spouse. See also connivance.

confession n. An admission that one has committed a crime or any other incriminating statement made by a person.

coerced confession. A confession induced by the police or other law enforcement officers’ use of threats or force.

involuntary confession. 1 A confession induced by the police or other law enforcement officers’ use of coercion, deceit, promises, or psychological pressure. 2 A confession obtained in violation of the Miranda Rule.

oral confession. See voluntary confession.

voluntary confession. A confession that is not involuntary. Also called an oral confession.

confession and avoidance n. A pleading in which a defendant admits the allegations against him, but alleges additional facts that negates the adverse legal effect of what he has admitted. For example, in a state where adultery is a ground for divorce, a plea of condonation would be a confession and avoidance.

confession of judgment n. 1 A person or entity’s voluntary agreement to the entry against them of a judgment in favor of another person or entity upon the occurrence or nonoccurrence of an event without the cost, formality, or time of a legal action or the presentation of a defense in court. Also called cognovit judgment. 2 A judgment taken against a defendant by a plaintiff pursuant to such an agreement, especially if the defendant owes money to the plaintiff at the time the agreement was made, and the event that allows the plaintiff to enter the judgment is the defendant’s failure to pay the amount owed or a portion thereof on time. Also called cognovit judgment. 3 The document wherein a defendant made such an agreement before the judgment was entered.

confidence game n. An intentional misrepresentation of past or present facts in order to gain a person’s trust so that she will transfer money or property to the individual making the misrepresentation. Also called a con game.

confidential communication See communication.

confidential relation n. Any relationship that carries with it a special trust or dependency based on history, pattern of dealing, familial relationship, or special circumstances.

confirmation n. 1 An action, declaration, document, or statement that corroborates, ratifies, verifies, gives formal approval, or assures the validity of something. See also advice and consent. 2 A court order enforcing an arbitrator’s decision. See also award, order, and judgment. 3 In commercial law, an agreement, usually by a bank, to honor a letter of credit issued by someone else, usually another bank, and to seek reimbursement from the instrument’s issuer. 4 In property law, a conveyance of an interest in real property to one who has or claims an existing interest in the property, thereby curing a previous conveyance that was defective, increasing or making permanent a previously conveyed interest, or making avoidable estate certain and no longer voidable. See also deed.

confiscation n. The appropriation of private property without just compensation for the public use or treasury, often as a penalty resulting from a criminal prosecution or when possession of the property is itself a crime. See also condemn.

conflict of authority n. 1 A difference of interpretation regarding a point of law between two or more courts, often courts of equal importance or rank (such as the highest appellate court in two states). 2 A difference of opinion regarding a point of law between two or more legal scholars, especially on a point or in an area of law where there is little or no case law.

conflict of interest n. 1 The real or apparent conflict between one’s per-

sonal interest in a matter and one’s duty to another or to the public in general regarding the same matter. 2 The real, apparent, or potential conflict between the duty owed to one in a matter and the duty owed to another regarding the same matter, especially if the person who owes the duty is a lawyer (such as one who represents two defendants in the same case).

conflict of law(s) n. 1 A conflict between the laws of two or more states or countries that would apply to a legal action in which the underlying dispute, transaction, or event affects or has a connection to those jurisdictions. 2 The area of law that deals with the problems arising from such a conflict. See also choice of law, comity, federalism, forum nonconveniens, full faith and credit, lex loci contractus, lex loci delicti, and uniform laws.

confrontation clause n. The provision in the Sixth Amendment to the United States Constitution guaranteeing a criminal defendant the right to hear and cross-examine at trial all the witnesses against them.

confusion of goods n. The mixing of items of personal property of like kind or nature belonging to different owners to such an extent that it is impossible to identify which specific items belong to which owner.

con game See confidence game.

conglomerate n. A corporate entity that owns or otherwise controls a group of other corporations that engage in unrelated businesses or industries.

congress 1 n. A formal assembly, conference, or meeting of delegates or rep-

resentatives. 2 v. To meet at a congress. 3 n. The legislature of various countries.

Congress. The national legislature of the United States consisting of two branches, the House of Representatives and the Senate, and created by the United States Constitution.

congressional immunity See immunity.

congressional intent See legislative intent.

conjecture 1 n. A conclusion or inference based upon incomplete or uncertain evidence. 2 v. To make a conclusion or inference based upon such evidence.

conjugal 1 adj. Pertaining to marriage, the state of being married, or the relationship between a husband and wife. 2 n. The sexual relationship or relations between a husband and wife.

conjugal rights n. The mutual rights and privileges between two individuals that arise from the state of being married. These include, among other things, affection, companionship, co-habitation, joint property rights, and sexual gratification. See also alienation of affections and consortium.

conjugal visit n. A visit by a person to his or her institutionalized spouse (for example, a prison inmate) during which privacy is provided to the couple, usually to permit them to engage in sexual relations.

conjunctive denial See denial.

connect up See connecting-up doctrine.

connecting-up doctrine n. The rule that allows evidence to be admitted at