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Glossary

case A legal dispute.	cause of action Facts giving rise to a lawsuit.

caveat emptor Let the buyer beware. This phrase expresses the 19th century rule of law that the purchaser buys at his own risk.	calendar The clerk of the courts list of cases with dates and times set for hearings, trials or arguments.

calling the docket The public calling of the docket or list of cases, for the purpose of setting a time for trial or entering orders.	caption The heading or introductory clause on documents filed that shows the names of the parties, name of the court, number of the case, etc.

cause A lawsuit, litigation or legal action.	certiorari Order to a lower court to deliver the record of a case to an appellate court.

challenge for cause The objection to the inclusion of a person on a jury for a stated reason. Attorneys can make this challenge as necessary during voir dire.	change of venue Moving a trial to a new location, generally because pre-trial publicity has made it difficult to select an impartial jury.

charge to the jury The judges' instructions to the jury concerning the law applicable to the case.	charitable trust A trust set up to benefit a charity.

citation A reference to a source of legal authority. Also, a direction to appear in court, as when a defendant is cited into court, rather than arrested.	clear and convincing evidence A level of proof requiring the truth of the facts asserted to be highly probable.

codicil An amendment to a will.	common Law Law arising from tradition and judicial decisions rather than laws passed by the legislature.

circuit courts In several states, the name given to a tribunal, the territorial jurisdiction of which may comprise several counties or districts. In the federal system, the courts of appeal beneath the U.S. Supreme Court.	civil actions Non-criminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

claim An assertion of a right to money or property made by the injured party that is suing.	clerk of the court A court employee who is responsible for maintaining permanent records of all court proceedings and exhibits, and administering the oath to jurors and witnesses.

common law action A case in which the issues are determined by common law legal principles established by courts and tradition, as opposed to statutes.	complaint The individual who initiates a lawsuit; synonymous with "plaintiff".

complaint (civil) Initial document filed by the plaintiff in a civil case stating the claims against the defendant.	complaint (criminal) A formal accusation charging that a person has committed an offense.

conditional release A release from custody, without the payment of bail, which imposes regulations on the activities and associations of the defendant.	conservatorship Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself.

consideration Something of value given in return for anothers performance or promise of performance; generally required to make a promise binding and to make agreement of parties enforceable as a contract. Consideration may be either executed or executory, express or implied.	contempt of court Any act calculated to embarrass, hinders, or obstructs a court. Contempts are of two kinds: direct and indirect. Direct contempts are those committed in the immediate presence of the court; indirect is the term mostly used with reference to the failure or refusal to obey a court order. Any party found in contempt of court normally receives sanctions.

continuance The postponement of a proceeding to a later date.	conviction A trial verdict or judgment that a criminal defendant is guilty of a crime.

copyright The right to literary property, giving authors, composers, and other creators the sole right to reproduce and distribute their work for a limited period of time.	corpus delecti Body of the crime. The objective proof that a crime has been committed.

corroborating evidence Supplementary evidence that supports the initial evidence.	court costs The expenses in addition to legal fees of prosecuting or defending a lawsuit.

court of last resort The final court that decides a case on appeal (for example, the Supreme Court of the United States or the supreme court of any state).	courts of record Courts whose proceedings are permanently recorded, and that have the power to fine or imprisons for contempt.

court reporter A person who records, transcribes, or stenographically takes down testimony, motions, orders, and other proceedings during trials, hearings, and other court proceedings.	criminal case Case brought by the government against an individual accused of committing a crime.

cross-examination Questioning of a witness by an attorney for the side against which the witness testified.	carrier's lien A carrier's legal right to hold shipment until payment is made.

case law A body of court decisions that involves the same or similar facts.	cashier's check A check issued by a cashier or other designated officer of a bank and drawn against banks funds.

certified check A check that the bank has promised to pay when it is presented for payment.	champerty An agreement to encourage a lawsuit which one or more of the parties has no legitimate interest.

check A written order drawn on a bank by a depositor that requests the bank to pay, on demand and unconditionally, a definite sum of money to the bearer of the check or to the order of a specified person.	churning The unreasonable buying or selling of securities to generate commissions.

code of ethics A set of rules that a company or other group adopts to express principles of ethical behavior that are expected of its personnel.	comity A major legal principle involved in international law that holds the courts of one country should refrain from deciding cases involving the acts of persons from another country.

commercial paper A number of legally binding and commercially acceptable documents that are used to transfer money from one person to another.	Clean Air Act Federal legislation that requires all states to develop air quality standards that are at least as rigorous as the federal standards. This act sets primary and secondary standards, and regulates both stationary and mobile pollution.

Clean Water Act Federal legislation that sets minimum standards for water purity.	common carrier An individual or firm in the business of transporting goods between certain points as allowed by various state commissions that the regulate carriers.

community property Property that is acquired during marriage.	comparative negligence A form of negligence that requires the court to assign damages according to the degree of fault of each party.

competence The state of being mentally capable in understanding the terms of a contract.	competent party A person of legal age and at least normally mentality who is considered by law to be capable of understanding the meaning of a contract and is permitted to enter into a valid contract.

conditional sale A sale with contract provisions that specify conditions that must be met by one of the parties.	conditional sales contract A sales contract that includes conditions that must be met either before or after the sale is completed.

conditions In the context of a lease, restrictions that limit the use of the property.	conditions precedent Conditions in a sales contract that must be met after the title has passed.

conditions subsequent Conditions in a sales contract that must be met after title has passed.	confiscation The act of a host country taking title to all the assets of the foreign company and not providing compemsation to the owners of the foreign firm.

cosignee The person or party receiving goods in a bailment relationship.	cosignor The person or party shipping goods in a bailment relationship.

constructive bailment A bailment in which goods are thrust upon a bailee who does not have any choice about whether he or she wishes to serve as bailee.	consortium Companionship, usually a spouse.

contract A legally enforceable agreement that is created when two or more competent parties agree to perform, or to avoid performing, certain acts that they have a legal right to do and that meet certain requirements.	contract for labor and materials A sales contract for goods of special design, construction, or manufacture.

contract for sale A legally enforeable agreement intended fo the immediate transfer of title to a personal property in return for consideration.	contract for sale with the right of return A contract for the sale of goods that gives the buyer both title to the goods and the opportunity to return them to the seller at a later time.

contract of adhesion A contract drawn by one party that must be accepted as is on take-it-leave-it basis.	contact of agency An agreement between a principle and an agent by which the agent is vested with authority to represent the principle.

contributory negligence A legal defense that involves the failure of an injured party to be careful enough to ensure personal safety.	counterclaim When the maker of a note or other drawer or acceptor of a bill of exchange may deduct from the account demanded by an immediate party any amounts owed him or her by the payee.

covenants Agreements made by either a landlord or a tenant to do certain things.	cover When the seller fails to deliver the goods, the right of a buyer to buy similar goods elsewhere to substitute for those not delivered by the seller.

contract to sell An agreement to sell future goods.	conversion The wrongful exercise of dominion and control over another's personal property.

counteroffer A response to an offer in which the terms and conditions of the original offer are changed.	crime An offense against the public at large punishable by the official governing body of a nation or state.