Legal definitions from Thomson Reuters

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capacity. 1. The role in which one performs an act <in his official capacity>. 2. A legal qualification, such as legal age, that determines one’s ability to sue or be sued, to enter into a binding contract, and the like <she had capacity to enter into the lease>. 3. The mental ability to understand the nature and effects of one’s acts <his severe pain reduced his capacity to understand the hospital’s medicalconsent form>. See COMPETENCY.

capital, n. 1. Money or assets invested, or available for investment, in a business <they raised enough capital to start a new company>. 2. The total amount or value of a corporation’s stock; corporate equity <AT&T’s stated capital>. 3. The total assets of a business, esp. those that help generate profits; net worth <the manufacturer bought more equipment in an effort to increase its capital>.

caption. The introductory part of a court paper, stating the names of the parties, the name of the court, the docket or file number, and the title of the action.

care, n. In the law of negligence, the conduct demanded of a person in a given situation. • Typically, this involves a person’s giving attention both to possible dangers, mistakes, and pitfalls and to ways of ensuring that these risks do not materialize. See REASONABLE PERSON.

case. A proceeding, action, suit, or controversy at law or in equity <the parties settled the case>.

casebook. A law-school textbook containing the leading cases in a field, usu. with commentary on and questions about the cases. Cf. HORNBOOK.

case-in-chief. The part of a trial in which the party with the burden of proof presents evidence.

caselaw. The collection of reported cases that form the common law within a given jurisdiction. See COMMON LAW (1).

cause of action. 1. A group of operative facts, such as a harmful act, giving rise to one or more bases for suing <the surgeon’s conduct gave rise to the family’s cause of action>. 2. A legal theory of a lawsuit <a fraud cause of action>. 3. Loosely, a lawsuit <there are four defendants in the pending cause of action>.

caveat emptor (kav-ee-aht em[p]-tər or-tor). [Latin ‘‘let the buyer beware’’] A doctrine holding that purchasers buy at their own risk.

• Modern statutes and cases have greatly limited the importance of this doctrine.

cease-and-desist order. A court order or agency order prohibiting a person from continuing a particular course of conduct. See INJUNCTION; RESTRAINING ORDER.

certiorari (sər-sh[ee]ə-rahr-ee or –rer-ee or –rer–I). [Latin ‘‘to be informed’’] An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. • Certiorari is used by the U.S. Supreme Court to review most of the cases it decides to hear.—Abbr. cert.—Also termed writ of certiorari.

CFR. abbr. CODE OF FEDERAL REGULATIONS.

chain of custody. The movement and location of evidence from the time it is obtained to the time it is presented in court <the detective testified about the handgun’s chain of custody>.

chain of title. 1. The ownership history of a piece of land, from its first owner to the present one. 2. The ownership history of a negotiable instrument, traceable through its indorsements.

• For the holder to have good title, every prior negotiation must have been proper. If a necessary indorsement is missing or forged, the chain of title is broken and no later transferee can become a holder.

challenge, n. 1. An act or instance of formally questioning the legality or legal qualifications of a person, action, or thing <a challenge to whether the witness had personal knowledge>. 2. A party’s request that a judge disqualify a potential juror or an entire jury panel <the defendant’s attorney used a challenge on a panelist who had recently been mugged>.

chambers. A judge’s private office. See IN CAMERA.

chancery. 1. A court of equity. 2. The system of jurisprudence administered in courts of equity. See EQUITY.

change of venue. The removal of a case from one locale to another, usu. because of questions of fairness.—Also termed transfer of venue. See VENUE.

Chapter 7. 1. The chapter of the Bankruptcy Code calling for the collection and liquidation of a debtor’s property, voluntarily or by court order, to satisfy creditors. 2. A bankruptcy case filed under this chapter. See LIQUIDATION (4).

Chapter 11. 1. The chapter of the Bankruptcy Code allowing an insolvent business, or one that is threatened with insolvency, to reorganize itself under court supervision while continuing its normal operations and restructuring its debt. • Although the Code does not expressly prohibit the use of Chapter 11 by an individual nonbusiness debtor, the vast majority of Chapter 11 cases involve business debtors. 2. A bankruptcy case filed under this chapter. See REORGANIZATION.

Chapter 13. 1. The chapter of the Bankruptcy Code calling for a person’s future earnings to be placed under the supervision of a trustee until all unsecured creditors are satisfied. 2. A bankruptcy case filed under this chapter.

character witness. A witness who testifies about another person’s character traits or community reputation.

charge, n. 1. A formal accusation of a crime as a preliminary step in prosecution <a manslaughter charge>. 2. JURY CHARGE <after closing arguments, the judge read the charge to the jury>.

charter, n. 1. An instrument by which a governmental entity grants rights, liberties, or powers to its citizens. 2. A legislative act that creates a business or defines a corporate franchise. Cf. ARTICLES OF INCORPORATION.

chattel (chat-[ə]l). (usu. pl.) Movable or transferable property; any property other than freehold land, esp. personal property.

check, n. A draft that is signed by the maker or drawer, drawn on a bank, payable on demand, and unlimited in negotiability. See DRAFT.

child support. 1. A parent’s legal obligation to contribute to the economic maintenance and education of children. 2. In a custody or divorce action, the money paid by one parent to the other for the expenses incurred for children of the marriage. Cf. ALIMONY.

choice of law. In conflict of laws, the question of which jurisdiction’s law should apply in a given case. See CONFLICT OF LAWS.

circumstantial evidence. Evidence based on inference rather than on personal knowledge or observation. — Also termed indirect evidence. Cf. DIRECT EVIDENCE.

citation. 1. A court-issued writ that commands a person to appear at a certain time and place to do something demanded in the writ, or to show cause for not doing so <Johnson was served with a citation while at the office>. 2. A reference to a legal precedent or authority (such as a case, statute, or treatise) to support a given position <the brief was full of citations to cases>. — Also termed (in sense 2) cite.

civil action. A judicial proceeding brought to enforce, redress, or protect a private or civil right; a noncriminal case.

civil law. 1. (usu. cap.) One of the two prominent legal systems in the Western World, originally administered in the Roman Empire and still in effect in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world. Cf. COMMON LAW (2). 2. The body of law imposed by the state, as opposed to moral law. 3. The law of civil or private rights, as opposed to criminal law or administrative law.

civil procedure. The body of law that governs the methods and practices used in civil litigation, such as the Federal Rules of Civil Procedure.

civil right. (usu. pl.) The individual rights of personal liberty guaranteed by the Bill of Rights and by the 13th, 14th, 15th, and 19th Amendments, as well as by legislation such as the Voting Rights Act.

• Civil rights include esp. the right to vote, the right of due process, and the right of equal protection under the law.

claim, n. 1. The aggregate of operative facts giving rise to a right enforceable by a court <the plane crash led to dozens of wrongful death claims>. 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional <an employee’s claim for workers’-compensation benefits>. 3. A demand for money or property to which one asserts a right <the letter included a claim for attorney’s fees>.

class action. A lawsuit in which a single person or a small group of people represent by their litigation the interests of a larger group.

• Federal procedure has several requirements for maintaining a class action: (1) the class must be so large that individual suits would be impracticable, (2) there must be legal or factual questions common to the class, (3) the claims or defenses of the representative parties must be typical of those of the class, and (4) the representative parties must adequately protect the interests of the class.

clean-hands doctrine. The principle that a party cannot take advantage of its own wrong by seeking equitable relief or asserting an equitable defense if that party has violated an equitable principle, such as good faith.

• Such a party is described as having ‘‘unclean hands.’’ — Also termed unclean-hands doctrine.

clear and convincing evidence. Evidence indicating that the thing to be proved is highly probable or reasonably certain.

• This is a greater burden than preponderance of the evidence, the standard applied in most civil cases, but less than evidence beyond a reasonable doubt, the norm for criminal trials. Clear and convincing evidence is usu. the standard in cases involving the termination of parental rights.

clemency. Mercy or leniency; esp., the power of the President or a governor to pardon or commute a criminal sentence.

clerk. 1. A public official whose duties include keeping records or accounts. 2. A court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.—Also termed clerk of court. 3. A law student or recent law-school graduate who assists a lawyer or judge with legal research, writing, and other tasks.—Also termed law clerk.

close corporation. A corporation whose stock is not freely traded and is held by only a few shareholders (often within the same family).

• The requirements and privileges of close corporations vary by jurisdiction.—Also termed closely held corporation; closed corporation.

closing. In the sale of real estate, the final transaction between the buyer and seller, during which the conveyancing documents are concluded and the money and property transferred.

closing argument. In a trial, a lawyer’s final statement to the judge or jury before deliberation begins, in which the lawyer requests the judge or jury to consider the evidence and to apply the law in his or her client’s favor.—Also termed closing statement; summation.

cloud on title. A defect or potential defect in the owner’s title to a piece of land arising from some claim or encumbrance, such as a lien, an easement, or a court order.

code. A complete system of positive law, carefully arranged and officially promulgated; a systematic collection or revision of laws, rules, or regulations <the penal code>. • Strictly, a code is a compilation not just of existing statutes, but also of much of the unwritten law on a subject, which is newly enacted as a complete system of law.

Code of Federal Regulations. The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect.—Abbr. CFR.

codicil (kod-ə-səl or -sil). A supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the will in some way.

• When admitted to probate, the codicil becomes a part of the will.

collateral, n. Property pledged by a borrower as security for the debt.

collateral attack. An attack on a judgment entered in an earlier proceeding.

• A petition for a writ of habeas corpus is one type of collateral attack. Cf. DIRECT ATTACK.

collateral estoppel. An affirmative defense barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs significantly from the earlier one. Cf. RES JUDICATA.

collective bargaining. Negotiations between an employer and the representatives of organized employees for the purpose of determining the conditions of employment, such as wages, hours, and fringe benefits.

collusion. An agreement between two or more persons to defraud another or to obtain something forbidden by law.

comity (kom-ə-tee). Courtesy among political entities (such as nations, states, or courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and judicial acts.

commercial law. The substantive law dealing with the sale and distribution of goods, the financing of credit transactions on the security of the goods sold, and negotiable instruments.

• Most American commercial law is governed by the Uniform Commercial Code.

commercial paper. Negotiable instruments collectively, esp. in the form of drafts or notes.—Often shortened to paper.

commercial speech. Communication (such as advertising and marketing) that involves only the commercial interests of the speaker and the audience, and is therefore afforded lesser First Amendment protection than social, political, or religious speech.

commitment. The act of confining a person in a prison, mental hospital, or other institution <the court ordered a civil commitment of Burgess, who had been diagnosed as being schizophrenic>.

common law. 1. The body of law derived from judicial decisions and opinions, rather than from statutes or constitutions. See CASELAW. 2. The body of law based on the English legal system, as distinct from a civil-law system.

• All states except Louisiana have the common law as their legal system. Cf. CIVIL LAW (1).

common-law marriage. A marriage that takes legal effect, without license or ceremony, when a couple live together as husband and wife, intend to be married, and hold themselves out to others as a married couple.

• Common-law marriages are permitted in 15 states and in the District of Columbia.

common stock. Stock that gives its holders the right to vote and to receive dividends after other claims and dividends have been paid (esp. to preferred shareholders). Cf. PREFERRED STOCK.

• Only nine states have community-property systems: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Cf. SEPARATE PROPERTY.

comparative negligence. A plaintiff’s own negligence that proportionally reduces the damages recoverable from a defendant. Cf. CONTRIBUTORY NEGLIGENCE.

compensatory damages. See ACTUAL DAMAGES.

competence. 1. A basic or minimal ability to do something; qualification, esp. to testify <competence of an expert witness>. 2. The capacity of an official body to do something <the court’s competence to enter a valid judgment>. 3. Admissibility <competence of the evidence>.

competency. The mental ability to understand problems and make decisions.

• In the context of a criminal defendant’s ability to stand trial, competency includes the capacity to understand the proceedings, to consult meaningfully with counsel, and to assist in the defense.

complaint. 1. The initial pleading that starts a civil action and states the grounds for the court’s jurisdiction, the plaintiff’s claim, and the demand for relief.

• In some states, this pleading is called a petition. Cf. ANSWER. 2. In criminal law, a formal charge accusing a person of an offense. Cf. INDICTMENT; INFORMATION.

conclusion of law. A judicial deduction made on a showing of certain facts, no further evidence being required; a legal inference mandated by the evidence. Cf. FINDING OF FACT.

conclusive presumption. A presumption that cannot be overcome by any additional evidence or argument <it is a conclusive presumption that a child under the age of seven is incapable of committing a felony>. —Also termed irrebuttable presumption. Cf. REBUTTABLE PRESUMPTION.

concurrence. 1. A vote cast by a judge in favor of the judgment reached, often on grounds differing from those expressed in the majority opinion explaining the judgment. 2. A separate written opinion explaining such a vote.— Also termed (in sense 2) concurring opinion.

concurrent sentences. Two or more overlapping periods of jail time to be served simultaneously.

• For example, if a defendant receives concurrent sentences of 5 years and 15 years, the total amount of jail time is 15 years. Cf. CONSECUTIVE SENTENCES.

condemnation. The determination and declaration that certain property (esp. land) is taken for public use, subject to reasonable compensation; the exercise of eminent domain by a governmental entity. See EMINENT DOMAIN.

condition. 1. A stipulation or prerequisite in a contract, will, or other instrument. 2. A future and uncertain event on which the existence or extent of an obligation or liability depends; an uncertain act or event that triggers or negates a duty to render a promised performance.

• For example, if Smith promises to pay Jones >500 for repairing a car, Jones’s failure to repair the car (a condition) relieves Smith of the promise to pay. 3. A qualification attached to the conveyance of property providing that if a particular event does or does not take place, the estate will be created, enlarged, defeated, or transferred.

condition precedent. An act or event, other than a lapse of time, that must exist or occur before a duty to perform a promised performance arises.

• If the condition does not occur and is not excused, the promised performance need not be rendered. The most common condition contemplated by this term is the immediate or unconditional duty of performance by a promisor.

condition subsequent. A condition that, if it occurs, will bring something else to an end; an event the existence of which, by agreement of the parties, operates to discharge a duty of performance that has arisen.

confession. A criminal suspect’s admission of guilt, usu. in writing and often including a disclosure of details about the crime.

conflict of interest. 1. A real or apparent incompatibility between one’s private interests and one’s public or fiduciary duties. 2. A real or apparent incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the clients do not consent.

conflict of laws. 1. A difference between the laws of different states or countries in a case in which a party has acquired rights within two or more jurisdictions. 2. The body of jurisprudence that undertakes to reconcile such differences or to decide what law is to govern in those situations; the principles of choice of law.

Confrontation Clause. The Sixth Amendment provision guaranteeing a criminal defendant’s right to cross-examine any witness.

consecutive sentences. Two or more periods of jail time to be served in sequence.

• For example, if a defendant receives consecutive sentences of 20 years and 5 years, the total amount of the jail time is 25 years. — Also termed cumulative sentences. Cf. CONCURRENT SENTENCES.

conservator. A person appointed by the court to manage the estate or affairs of someone who is legally incapable of doing so.

consideration. Something of value (such as an act, a forbearance, or a return promise) received by one party to a contract from the other party.

• Consideration, or a substitute such as promissory estoppel, is necessary for a contract to be enforceable.

consignment. 1. The transfer of goods to the custody of another (the consignee) for future delivery or sale. 2. The goods so transferred.

• When a merchant takes goods on consignment, the usual agreement is that the owner (the consignor) will be paid only for goods that are sold, and that any unsold goods will be returned to the owner.

conspiracy. An agreement by two or more persons to commit an unlawful act; a combination for an unlawful purpose.

• In criminal law, conspiracy is a separate offense from the crime that is the object of the conspiracy.

constitution. 1. The fundamental law of a nation or state, establishing the conception, character, and organization of its government, as well as prescribing the extent of its sovereign power and the manner in which this power is exercised. 2. The written instrument embodying this fundamental law.

constitutional law. The body of law deriving from the U.S. Constitution (or a state constitution) and dealing primarily with governmental powers and civil rights and liberties.

constitutional tort. A violation of one’s constitutional rights by a government officer, redressable by a civil action filed directly against the officer.

• Constitutional torts committed under color of state law (such as civil-rights violations) can be redressed in federal court.

construction. The act or process of interpreting or explaining the sense or intention of a writing (usu. a statute, opinion, or instrument).

constructive, adj. Legally imputed; having an effect in law though not necessarily in fact <constructive knowledge> <constructive fraud>.

• Courts usu. give something a constructive effect for equitable reasons.

constructive notice. Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending lawsuit; notice presumed by law to have been acquired by a person and thus imputed to that person. Cf. ACTUAL NOTICE.

constructive trust. A trust imposed by a court on equitable grounds against one who has obtained property by wrongdoing, thus preventing the wrongful holder from being unjustly enriched.

• A constructive trust does not create a fiduciary relationship. Cf. RESULTING TRUST.

contempt. Conduct that defies the authority or dignity of a court or legislature.

• Because contempt interferes with the administration of justice, it is punishable, usu. by fine or imprisonment.

contingent fee. A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court.

• Contingent fees are usu. calculated as a percentage of the client’s recovery, such as 33% of the recovery if the case is settled, and 40% if the case is won at trial.—Also termed contingency fee.

continuance. The adjournment or postponement of a trial or other proceeding until a future date <the court granted a continuance because discovery wasn’t complete>.

contract, n. 1. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law <a contract for the sale of a house>. 2. The writing that sets forth such an agreement <Follett misplaced the signed contract>. 3. The body of law dealing with agreements and exchange <the plaintiff sued in contract and in tort>.

contribution. The right that gives one of several persons who are liable on a common debt the ability to recover from each of the others in proportion when that one person discharges the debt for the benefit of all; the right to demand that another who is jointly responsible for a third party’s injury pay part of what one is required to compensate the third party. Cf. INDEMNITY.

contributory negligence. A plaintiff’s own negligence that played a part in causing the plaintiff’s injury and that is significant enough to bar the plaintiff from recovering damages.

• In most states, this defense has been superseded by comparative negligence. Cf. COMPARATIVE NEGLIGENCE.

conversion. In tort and criminal law, the wrongful possession or disposition of another’s personal property as if it were one’s own.

conveyance. 1. The voluntary transfer of a right. 2. The transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. 3. The document (usu. a deed) by which such a transfer occurs.

conviction, n. 1. The act or process of judicially finding someone guilty of a crime; the state of having been proved guilty. 2. The judgment (as by a jury verdict) that a person is guilty of a crime.

copyright. A property right in an original work of authorship fixed in any tangible medium of expression (such as a literary, musical, artistic, photographic, or film work), giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work.

• Federal copyright law is governed by the Copyright Act of 1976.

corporation. A statutory entity (usu. a business) having authority to act as a legal person distinct from the shareholders who make it up and having rights to issue stock and to exist indefinitely.

corporeal (kor-por-ee-əl), adj. Having a physical material existence; tangible <land and fixtures are corporeal property>. Cf. INCORPOREAL.

corpus (kor-pəs). [Latin ‘‘body’’] 1. The property for which a trustee is responsible; the trust principal. —Also termed res; trust estate. 2. Principal (as of a fund or estate), as opposed to interest or income. Pl. corpora.

corroboration. (kə-rob-ə-ray-shən). Confirmation or support by additional evidence or authority <the bystanders provided corroboration of the plaintiff’s testimony>.

counsel, n. 1. Advice or assistance <the defendant refused to follow her lawyer’s counsel to accept the plea bargain>. 2. One or more lawyers who represent a client <the corporation had several attorneys as counsel of record in the case>. — In the singular, also termed counselor.

count, n. 1. The part of an indictment charging the suspect with a distinct offense. 2. In pleading, the plaintiff’s statement of a distinct claim.

counterclaim. A defendant’s claim in opposition to, or as a setoff against, the plaintiff’s claim <in response to the creditor’s lawsuit, Lang filed a counterclaim for fraud>. Cf. CROSS-CLAIM.

counteroffer. In contract law, an offeree’s new offer that varies the terms of the original offer.

• By varying the terms, the offeree rejects the original offer.

course of dealing. An established pattern of conduct between the parties to a business transaction.

• If a dispute arises, the parties’ course of dealing can be used as evidence of how they intended to carry out the transaction.

court. 1. A governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice <the couple had to go to court to adopt the infant>. 2. The judge or judges who sit on such a governmental body <the court declared a mistrial>.

court costs. The charges or fees assessed by a court, such as filing fees, jury fees, reporter fees, and courthouse fees.

court order. See ORDER (1).

court reporter. A person who transcribes by shorthand, stenographically takes down, or electronically records testimony during court proceedings or trial-related proceedings.

court rules. Regulations having the force of law and governing practice and procedure in the various courts, such as the Federal Rules of Civil and Criminal Procedure, the U.S. Supreme Court Rules, and the Federal Rules of Evidence, as well as any local rules that a particular court promulgates.

covenant, n. 1. A formal agreement or promise, usu. in a contract. 2. A promise made in a deed or implied by law; esp., an obligation in a deed burdening or favoring a landowner.

covenant not to compete. See NONCOMPETITION CLAUSE.

creditor. One to whom a debt (esp. money) is owed.

crime. A social harm that the law makes punishable; the breach of a legal duty treated as the subject matter of criminal proceedings.

criminal action. A judicial proceeding instituted by the government to punish offenses against the public; a prosecution.

criminal law. The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders.

criminal liability. A legal concept that holds individuals responsible for their actions or omissions if they are found to have committed a criminal act.

criminal procedure. The legal rules governing the methods by which crimes are investigated, prosecuted, adjudicated, and punished, as well as the protection of accused persons’ constitutional rights.

cross-claim. A claim that arises between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim <the defendants in the asbestos suit filed cross-claims against each other>.— Also termed cross-action. Cf. COUNTERCLAIM.

cross-examination. The formal questioning of a witness by the opponent of the party who called the witness to testify.

• The cross-examiner is typically allowed to ask leading questions but is usu. limited to matters covered on direct examination and to credibility issues.— Often shortened to cross. Cf. DIRECT EXAMINATION.

cumulative sentences. See CONSECUTIVE SENTENCES.

custody. 1. The care and control of a thing or person for inspection, preservation, or security. 2. The care, control, and maintenance of a child awarded by a court to one of the parents in a divorce or separation proceeding.