the land was conveyed for this
purpose was the 'feoffee to uses'; the person for whose
benefit the land was conveyed the beneficiary -was
the 'cestui que use' ... , from the law French 'cestui a que
use Ie feoffment fuit fait,''' Peter Butt, Land Law  702, at
97 (3d ed. 1996).
cestui que vie (set-ee [or ses-twee] kee [or b] vee).
[Law French] (17c) The person whose life measures the

260 cestuy
duration of a trust, gift, estate, or insurance contract.
Cf. MEASURING LIFE. [Cases: Life Estates C:=> 1.]
"Illet us assume that A instead transfers 'to Efor the life of
A.' Since A has used his own life as the measuring life of E's
estate, A has given away all that he had. Because E's estate
is measured by the life of someone other than himself,
his estate is called an estate pur autre vie. A, whose life
is the measuring life, is called the cestui que vie." Thomas
F. Bergin & Paul C. Haskell, Preface to Estates in Land and
Future Interests 36 (2d ed. 1984).
cestuy. See CESTUI.
ceteris paribus (set-J-ris par-J-bJs). [Latin] Other things
being equal. -Also spelled caeteris paribus.
ceteris tacentibus (set-d-ris ta-sen-td-bJs). [Latin] Hist.
The others being silent. -This phrase appeared in
serially printed law reports after an opinion by one
judge. It referred to the judges who did not vote or
express an opinion. Also spelled caeteris tacentibus.
See SERIATIM.
d. abbr. [Latin conferJ (1850) Compare. -As a citation
Signal, cf. directs the reader's attention to another
authority or section of the work in which contrasting,
analogous, or explanatory statements may be found.
C.F. abbr. COST AND FREIGHT.
CFC. See controlled foreign corporation under CORPO
RATION.
CFO. abbr. CHIEF FINANCIAL OFFICER.
CFP. abbr. CertifIed financial planner. See FDIANCIAL
PLANNER.
CFR. abbr. L CODE OF FEDERAL REGULATIONS. 2. COST
AND FREIGHT.
CFTC. abbr. COMMODITY FUTURES TRADING COMMIS
SION.
CGL insurance. See comprehensive general-liability
insurance under INSURANCE.
CGL policy. 1. See commercial general-liability policy
under INSURANCE POLICY. 2. See comprehensive gen
eral-liability policy under INSURANCE POLICY.
ch. abbr. 1. Chapter. 2. Chancellor. 3. Chancery. 4.
Chief.
Chace Act. Hist. Copyright. An 1891 statute giving U.S.
copyright protection to the citizens of other nations
that in turn gave a similar degree of reciprocal protec
tion to U.S. citizens. -The Act was invoked by presi
dential order or by treaty, primarily with European
countries. Under the Act's manufacturing clause,
English-language books and other printed matter had
to be produced in the U.S. or Canada in order to qualify
for domestic protection. -Also termed 1891 Copyright
Amendment Act.
chad. The small bit of precut paper that is attached to a
punch-card ballot by several points and punched out
by a voter to cast a vote. _ Because most punch-card
ballots are machine-read, the chad must be completely
separated from the ballot for the vote to be counted.
The results of the closely contested 2000 presidential
election were delayed for several weeks because more than 40,000 ballots with partially attached chads had to
be hand-counted. [Cases: Elections C:=>227(9).J
dimpled chad. A chad that is bulging but not pierced,
with all its points attached to the ballot. -Sometimes
termed pregnant chad.
hanging chad. A chad that is attached to the ballot by
a Single point.
pregnant chad. See dimpled chad.
swinging-door chad. A chad that is attached to the
ballot by two points.
tri-chad. A chad that is attached to the ballot by three
points.
chafewax (chayf-waks). Hist. A chancery officer who
heated (or chafed) wax to seal writs, commissions,
and other instruments. -The office was abolished in
1852. -Also spelled chaffwax.
chaffer (chaf-Jr), vb. To bargain; negotiate; haggle; dicker.
For offer to chaffer, see INVITATION TO NEGOTIATE.
chain-certificate method. (1966) The procedure for
authenticating a foreign official record by the party
seeking to admit the record as evidence at trial. See
Fed. R. Civ. P. 44. [Cases: EvidenceC:=>341.J
chain conspiracy. See CONSPIRACY.
chain gang. A group of prisoners chained together to
prevent their escape while working outside a prison.
chain ofcausation. (ISc) 1. A series of events each caused
by the previous one. 2. The causal connection between
a cause and its effects. Cf. CAUSATION. [Cases: Negli
gence e:-:432.J
chain-of-causation rule. Workers' compensation. The
principle that an employee's suicide is compens
able under workers' compensation statutes if the
employee suffered an earlier work-related injury that
led to a mental disorder resulting in the suicide. [Cases:
Workers' Compensation ~'c::.)546, 603, 799.J
chain of custody. (1947) 1. The movement and location
ofreal evidence, and the history ofthose persons who
had it in their custody, from the time it is obtained to
the time it is presented in court. [Cases: Criminal Law
C:=>404.30; Evidence C:=> 188.]
"Chain of custody requires testimony of continuous posses
sion by each individual having possession, together with
testimony by each that the object remained in substantially
the same condition during its presence in his possession.
All possibility of alteration, substitution or change of
condition need not be eliminated. For example, normally
an object may be placed in a safe to which more than
one person had access without each such person being
produced. However the more authentication is genuinely
in issue, the greater the need to negate the possibility of
alteration or substitution." Michael H. Graham, Federal
Rules of Evidence In a Nutshell 402 (3d ed. 1992).
2. The history ofa chattel's possession. -Also termed
chain ofpossession.
chain oftitle. (I8c) 1. The ownership history of a piece
ofland, from its first owner to the present one. -Also
termed line of title; string of title. 2. The ownership
history of commercial paper, traceable through the

261
indorsements . For the holder to have good title, every
prior negotiation must have been proper. Ifa necessary
indorsement is missing or forged, the chain of title is
broken and no later transferee can become a holder.
chain-referral scheme. See PYRAMID SCHEME.
chair. Parliamentary law. 1. A deliberative assem
bly's presiding officer <the chair calls for order>. See
PRESIDE. 2. The presiding officer's seat <take the chair>.
3. The officer who heads an organization <the treasurer
reports directly to the chair>. Also termed chairman
(of a male chair, in senses 1 & 3); chairwoman (of a
female chair, in senses 1 & 3); chairperson (in senses
1 & 3); moderator (in sense 1); president (in senses 1 &
3); presiding officer (in sense 1); speaker (in sense 1).
chair, vb.
"The term the chair refers to the person in a meeti ng who
is actually presiding at the time, whether that person is
the regular presiding officer or not, The same term also
applies to the presiding officer's station in the hall from
which he or she presides, which should not be permitted to
be used by other members as a place from which to make
reports or speak in debate during a meeting, ..." Henry
M, Robert, Robert's Rules ofOrder Newly Revised  47, at
433 (1 Oth ed. 2000),
chair by decree. A chair appOinted by an outside
authority rather than elected by the deliberative
assembly being presided over.
chairpro tempore. A chair elected or appointed during
or in anticipation ofthe regular presiding officer's (or
officers') absence from the chair, and whose service
ends when a regular presiding officer resumes the
chair. Often shortened to chair pro tern. See PRO
TEMPORE.
chairman. See CHAIR.
Chairman of Committees of the Whole House. The
member of Parliament who presides over the House of
Commons when it is sitting in committee.
chairperson. See CHAIR.
chairwoman. See CHAIR.
challenge, n. (I4c) 1. An act or instance offormally ques
tioning the legality or legal qualifications ofa person,
action, or thing <a challenge to the opposing party's
expert witness>.
as-applied challenge. (1974) A claim that a law or gov
ernmental policy, though constitutional on its face,
is unconstitutional as applied, usu. because of a dis
criminatory effect; a claim that a statute is uncon
stitutional on the facts of a particular case or in its
application to a particular party.
Batson challenge. (1987) Procedure. An objection that
an opposing party has used a peremptory challenge
to exclude a potential juror on the basis of race, eth
nicity, or sex. It is named for Batson v. Kentucky,
476 U.S. 79, 106 S.Ct. 1712 (1986), a criminal case in
which the prosecution struck potential jurors on the
basis ofrace. The principle ofBatson was extended in
later Supreme Court cases to civil litigants (Edmonson
v. Leesville Concrete Co., 500 U.S. 614, III S.Ct. 2077
(1991)) and to criminal defense attorneys (Georgia challenge
v. McCollum, 505 U.S. 42, 112 S.ct. 2348 (1992)).
The Court also applied it to peremptory challenges
based on a juror's sex (J.E.B. v. Alabama, 511 U.S.
127, 114 S.Ct. 1419 (1994)). See Fed. R. Civ. P. 47(b).
lCases: Constitutional Law C=3309, 3428; Jury C=
33(5.15).]
constitutional challenge. (1936) A claim that a law or
governmental action is unconstitutional.
facial challenge. (1973) A claim that a statute is uncon
stitutional on its face that is, that it always operates
unconstitutionally.
2. A party's request that a judge disqualify a poten
tial juror or an entire jury panel <the personal-injury
plaintiff used his last challenge to disqualify a neuro
surgeon>. Also termed jury challenge.
causal challenge. See challenge for cause.
challenge for cause. (17c) A party's challenge supported
by a specified reason, such as bias or prejudice, that
would disqualify that potential juror. -Also termed
for-cause; causal challenge; general challenge; chal
lenge to the poll. [Cases: Jury C=83-108, 124.]
challenge propter affectum (prop-t<lr <l-fek-t<lm). A
challenge because some circumstance, such as kinship
with a party, renders the potential juror incompetent
to serve in the particular case.
challenge propter defectum (prop-t<lr d<l-fek-tJm). A
challenge based on a claim that the juror is incompe
tent to serve on any jury for a reason such as alienage,
infancy, or nonresidency.
challenge propter delictum (prop-tdr dd-lik-tdm). A
challenge based on a claim that the potential juror
has lost citizenship rights, as by being convicted ofan
infamous crime. See civil death (1) under DEATH.
challenge to the array. (16c) A legal challenge to the
manner in which the entire jury panel was selected,
usu. for a failure to follow prescribed procedures
designed to produce impartial juries drawn from a
fair cross-section of the community . Such a chal
lenge is either a principal challenge (if some defect
renders the jury prima facie incompetent, as where
the officer selecting veniremembers is related to the
prosecutor or defendant) or a challenge for favor (as
where the defect does not amount to grounds for a
principal challenge, but there is a probability of par
tiality). -Also termed challenge to the jury array.
[Cases: Jury C=114.]
challenge to the favor. A challenge for cause that arises
when facts and circumstances tend to show that a
juror is biased but do not warrant the juror's auto
matic disqualification. See challenge for cause. [Cases:
Jury C=,97(I).]
challenge to the poll. See challenge for cause.
general challenge. See challenge for cause.
peremptory challenge. (16c) One of a party's limited
number of challenges that do not need to be sup
ported by a reason unless the opposing party makes
a prima facie showing that the challenge was used to

262 challenge
discriminate on the basis of race, ethnicity, or sex.
-At one time, a peremptory challenge could not be
attacked and did not have to be explained. But today
if discrimination is charged, the party making the
peremptory challenge must give a nondiscrimina
tory reason for striking the juror. The court must
consider several factors in deciding whether the prof
fered reason is merely a screen for illegal discrim


striking the juror. The court must
consider several factors in deciding whether the prof
fered reason is merely a screen for illegal discrimina
tion. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712
(1986). Often shortened to peremptory. -Also
termed peremptory strike; Sight strike under STRIKE
(2). See STRIKE (2); Batson challenge under CHAL
LENGE (I). [Cases: Jury (:::::33(5.15), 134.)
principal challenge. A for-cause challenge that arises
when facts and circumstances support a conclusive
presumption of a juror's bias, resulting in automatic
disqualification. See challenge for cause. [Cases: Jury
(:::::97(1).]
3. Military law. An objection to a member of the court
serving in a court -martial case. - A military judge can
be challenged only for cause. [Cases: Military Justice
884,889.]
challenge, vb. 1. To dispute or call into question <the col
umnist challenged the wisdom ofthe court's ruling>.
challenge the vote. See DIVIDE THE ASSEMBLY.
2. To formally object to the legality or legal qualifica
tions of <the defendant challenged the person's eligibil
ity for jury service>. [Cases: Jury (::::: 124, 134.]
chamber, n. (13c) l. A room or compartment <gas
chamber>. 2. A legislative or judicial body or other
deliberative assembly <chamber ofcommerce>. 3. The
hall or room where such a body conducts business <the
senate chamber>. -chamber, adj.
judge's chamber. (usu. pl.) (17c) l. The private room or
office ofa judge. 2. Any place where a judge transacts
official business when not holding a session of the
court. See IN CAMERA. [Cases: Judges (:::::27.]
lower chamber. (1885) In a bicameral legislature, the
larger ofthe two legislative bodies, such as the House
ofRepresentatives or the House of Commons. [Cases:
States (:::::26.]
Star Chamber. See STAR CHAMBER.
upper chamber. (1850) In a bicameral legislature, the
smaller of the two legislative bodies, such as the
Senate or the House of Lords. -Before passage of
the House of Lords Act in 1999, the House of Lords
traditionally had more members than the House of
Commons.
chamber, vb. Slang. (Of a judge) to sit in one's chambers
at a given location <ChiefJudge Kaye chambers some
times in New York City and sometimes in Albany>.
chamber business. (1805) Official judicial business con
ducted outside the courtroom. [Cases: Judges (:::::27.]
chamberlain (chaym-b<:lr-lin). A treasurer; originally,
the keeper of the royal treasure chamber. -The term
has been used for several high offices in England, such as the Lord Great Chamberlain, Lord Chamberlain of
the Household, and Chamberlain of the Exchequer.
chamberlaria (chaym-b<:lr-Iair-ee-<:l). [Law Latin] Cham
berlainship; the office ofchamberlain.
chamber of accounts. French law. A court responsible
for adjudicating disputes concerning public-revenue
collection. Cf. COURT OF EXCHEQUER.
chamber ofcommerce. An association of merchants and
other business leaders who organize to promote the
commercial interests in a given area and whose group
is generally affiliated with the national organization of
the same name.
champertor (cham-p<:lr-tar), n. (16c) A person who
engages in champerty; one who supports and promotes
another person's lawsuit for pecuniary gain. -Also
termed (archaically) campiparticeps. Cf. BARRATOR.
champertous (cham-par-t<:ls), adj. (17c) Of, relating to,
or characterized by champerty; constituting champerty
<a champertous contract>.
"In England and many other countries, the contingent fee
is prohibited as a form of champerty because it permits
a client to carryon litigation in exchange for a promise
to the lawyer of a share in the recovery. Although most
states in the United States prohibit a lawyer from accept
ing an assignment of a percentage of the client's cause of
action as a legal fee, they do not similarly condemn, as
champertous, contingent fees whereby the lawyer receives
a percentage of the recovery as a fee and no fee at all
if there is no recovery." Robert H. Aronson & Donald T.
Weckstein, Professional Responsibility in a Nutshell 271-72
(2d ed. 1991).
champerty (cham-par-tee), n. [fro French champs parti
"split field"] (15c) 1. An agreement between an officious
intermeddler in a lawsuit and a litigant by which the
intermeddler helps pursue the litigant's claim as con
sideration for receiving part ofany judgment proceeds;
specif., an agreement to divide litigation proceeds
between the owner of the litigated claim and a party
unrelated to the lawsuit who supports or helps enforce
the claim. Also termed (archaically) campipartia. Cf.
BARRATRY; MAINTENANCE (6). [Cases: Champerty and
Maintenance (::::: 1,4.]
"There is disagreement in the American courts as to what
constitutes champerty. (1) Some courts hold that an agree
ment to look to the proceeds of the suit for compensation
is champerty.... (2) Some courts hold that in addition
the attorney must prosecute the suit at his own cost and
expense to constitute champerty .... (3) Some courts hold
even in a case like (2) that there is no champerty .... (4)
All authorities agree that a contract for a contingent fee
is not champerty if it is not to be paid out of the proceeds
of the suit .... (5) In some states it is declared that the
common law doctrines of maintenance and champerty
are unknown ... ; in some the matter is regulated wholly
by statute .... [AJnd in most there is a marked tendency
to narrow the doctrines of champerty or to evade them."
William R. Anson, Principles ofthe Law ofContract 294 n.2
(Arthur L Corbin ed., 3d Am. ed. 1919).
"The rule as to champerty has been generally relaxed under
modern decisions and a majority of courts now recognize
that an agreement by which the attorney is to receive a
contingent fee, i.e., a certain part of the avails of a suit or
an amount fixed with reference to the amount recovered,
is valid as long as the attorney does not agree to pay the
expenses and costs of the action." Walter Wheeler Cook,

263
"Quasi-Contracts," in 1 American Law and Procedure 129
(1952).
2. Hist. A writ available to the party who is the target
of a champertous action.
"Champerty is a writ that lies where two men are implead
ing, and one gives the half or part of a thing in plea to a
stranger, to maintain him against the other; then the party
grieved shall have this writ against the stranger." William
Rastell, Termes de la Ley 76 (1 st Am. ed. 1812).
champion. Hist. A person chosen to represent a defendant
in trial by combat. _ If the champion lost, the defen
dant was adjudged gUilty. A champion who survived
was fined for intentionally or ignorantly defending an
unjust cause; one who died was buried in unhallowed
ground. See TRIAL BY COMBAT.
chance, n. (l4c) 1. A hazard or risk. 2. The unforeseen,
uncontrollable, or unintended consequences of an act.
3. An accident. 4. Opportunity; hope.
chance bargain. Contracts. A transaction in which the
parties mutually agree to accept the risk that facts and
circumstances assumed by the parties at the time of
contracting may not actually be what the parties believe
they are. -Ifno fraud or misrepresentation is involved,
a court will uphold a chance bargain. For instance, in a
chance bargain involving a land swap, each deed may
describe a tract as containing a number ofacres "more
or less." Ifthe tract is actually larger than described,
the seller cannot demand more money for the excess.
And if the tract is actually smaller, the disappointed
buyer cannot ask for a reduced price to make up for
the deficiency.
chancellor, n. (14c) 1. A judge serving on a court of
chancery. 2. A university president or CEO ofan insti
tution of higher education. 3. In the U.S., a judge in
some courts of chancery or equity. 4. Scots law. The
presiding juror. 5. Eccles. law. A law officer who presides
over the bishop's court. -The chancellor advises and
assists the bishop in all matters of canon law, both
juridical and administrative. chancellorship, n.
Chancellor, Lord. See LORD CHANCELLOR.
Chancellor ofthe Exchequer. In England, a government
minister who controls revenue and expenditures.
Formerly, the Chancellor sat in the Court of Exche
quer.
chancellor's foot. A symbol of the variability of equi
table justice. -John Selden, the 17th-century jurist, is
thought to have coined the phrase in this passage, from
his best-known book: "Equity is a roguish thing. For
law we have a measure, know what to trust to: equity is
according to the conscience of him that is Chancellor,
and as that is larger or narrower, so is equity. 'Tis all one
as ifthey should make the standard for the measure the
Chancellor's foot. What an uncertain measure would
this be! One Chancellor has a long foot, another a short
foot, a third an indifferent foot; 'tis the same thing in
the Chancellor's conscience." Table Talk (1689).
chance-medley. [fro Anglo-Norman chance medlee
"chance scuffle"] A spontaneous fight during which Chancery Court of York
one participant kills another in self-defense. Also
termed chaud-medley; casual affray. Cf. MEDLEY.
"But the self-defence, which we are now speaking of, is
that whereby a man may protect himself from an assault,
or the like, in the course of a sudden brawl or quarrel,
by killing him who assaults him. And this is what the law
expresses by the word chance-medley, or (as some rather
choose to write it) chaud-medley; the former of which in its
etymology signifies a casual affray, the latter an affray in
the heat of blood or passion: both of them of pretty much
the same import; but the former is in common speech too
often erroneously applied to any manner of homicide by
misadventure; whereas it appears ... that it is properly
applied to such killing, as happens in self-defence upon a
sudden rencounter." 4 William Blackstone. Commentaries
on the Laws ofEngland 184 (1769).
chance-of-survival doctrine. (1991) 1he principle that a
wrongful-death plaintiff need only prove that the defen
dant's conduct was a substantial factor in causing the
death -that is, that the victim might have survived but
for the defendant's conduct. [Cases: Death
chancer (chan-s ..r), vb. To adjust according to equitable
principles, as a court ofchancery would. -The practice
arose in parts of New England when the courts had
no equity jurisdiction, and were compelled to act on
equitable principles.
"The practice of 'chancering' is a very old one. A forfeiture
could be 'chancered' under a law of 1699 .... Adjudged
cases in 1630-1692 may be found in the Records of the
Court of Assistants of Massachusetts Bay Colony. The
early laws of Massachusetts provided for 'chancering' the
forfeiture of any penal bond .... In Rhode Island an act
of 1746 proVided for 'chancerizing' the forfeiture 'where
any penalty is forfeited, or conditional estate recovered, or
equity of redemption sued for, whether judgment is con
fessed or otherwise obtained.'" 1 John Bouvier, Bouvier's
Law Dictionary 456-57 (8th ed. 1914).
chancery (chan-s ..r-ee). (14c) 1. A court of equity; collec
tively, the courts of equity. _ '[he term is derived from
the court of the Lord Chancellor, the original English
court of equity. Also termed court of chancery;
chancery court.
"Chancery's jurisdiction was complementary to that of the
courts of common law it sought to do justice in cases
for which there was no adequate remedy at common law.
It had originated in the petition, not the writ, of the party
who felt aggrieved to the Lord Chancellor as 'keeper of
the King's conscience.' In its origins, therefore, Chancery's
flexible concern for justice complemented admirably the
formalism of a medieval system of common law which had
begun to adhere strictly, perhaps overstrictly on occasion,
to prescribed forms. By 1800, however, Chancery's system
was itself regarded as being both consistent and certain."
A.H. Manchester, Modem Legal History of England and
Wales, 1150-1950135-36 (1980).
2. The system ofjurisprudence administered in courts
of equity. See EQUITY. [Cases: Equity 1.] 3. In!'l
law. The place where the head of a diplomatic mission
and staff have their offices, as distinguished from the
embassy (where the ambassador lives).
Chancery Court of York. Eccles. law. The ecclesiastical
court of the province of York, responsible for appeals
from provincial diocesan courts. -This court corre
sponds to the Court ofArches in the Province of Can
terbury. Cf. COURT OF ARCHES.

264 chancery guardian
chanc


of Can
terbury. Cf. COURT OF ARCHES.

264 chancery guardian
chancery guardian. See GUARDIAN.
chance verdict. See VERDICT.
change in circumstances. (1899) Family law. A modi
fication in the physical, emotional, or financial con
dition of one or both parents, used to show the need
to modify a custody or support order; esp., an invol
untary occurrence that, if it had been known at the
time of the divorce decree, would have resulted in the
court's issuing a different decree, as when an invol
untary job loss creates a need to modify the decree to
provide for reduced child-support payments. Also
termed change ofcircumstances; changed circumstances;
material change in circumstances; substantial change
in circumstances; change ofcondition. See MODI FICA
TIOK ORDER. [Cases: Child Custody (;::>555-556; Child
Support ~~233-234; Divorce (;::>245(2).]
change of condition. 1. Workers' compensation. A
substantial worsening of an employee's physical
health occurring after an award, as a result of which
the employee merits an increase in benefits. [Cases:
Workers' Compensation C:;:>2005.] 2. Family law.
CHANGE IN CIRCUMSTANCES.
change-of-ownership clause. Oil & gas. A provision in
an oil-and-gas lease specifying what notice must be
given to a lessee about a change in the leased land's
ownership before the lessee is obliged to recognize the
new owner. Also termed assignment clause. [Cases:
Mines and Minerals (;::>74(2).]
change of venue. (18c) The transfer of a case from one
locale to another court in the same judicial system to
cure a defect in venue, either to minimize the preju
dicial impact of local sentiment or to secure a more
sensible location for trial. Also termed transfer of
venue. See VENUE. [Cases: Venue (~33-84.l
change order. 1. A modification ofa previously ordered
item or service. See VALUE (2). 2. A directive issued
by the federal government to a contractor to alter the
specifications of an item the contractor is producing for
the government. [Cases: United States (;::>70(25.1).]
changing fund. See FUND (1).
channel. (14c) 1. The bed ofa stream ofwater; the groove
through which a stream flows <digging a deeper
channel was thought to help protect the river from
flooding>.
main channel. The bed over which the principal volume
of water flows; the deepest and most navigable part
ofa channeL
natural channel. The naturally formed bed and banks
ofa stream.
natural flood channel. A channel through which flood
waters naturally accumulate and flow downstream.
2. The line of deep water that shipping vessels follow
<a shipping channel>. 3. A water route between two
islands or an island and a continent <the English
Channel>. 4. A mode of transmitting something <the
news channel>.
channel ofdistribution. See DISTRIBUTION CHANNEL. channel of trade. See DISTRIBUTION CHANNEL.
chantry (chan-tree), n. Rist. Eccles. law. 1. A benefice
endowed for the saying ofMass by chantry priests for
the soul ofthe founder or his deSignees . This practice
was abolished in England by the Chantry Acts of 1545
and 1547. 2. A chapel or part of a church so endowed.
Also spelled chauntry.
chapiter (chap-<l-t<lr). [Law French] Rist. A list of matters
drawn up by the king to be presented before the justices
in eyre, justices of assise, or justices of the peace.
Also spelled chapitre. Cf. ARTICLES OF THE EYRE.
Chapter 7. 1. The chapter of the United States Bank
ruptcy Code allowing a trustee to collect and liquidate
a debtor's nonexempt property, either voluntarily or
court order, to satisfy creditors. [Cases: Bankruptcy
2. A bankruptcy case filed under this chapter.
 An individual debtor who undergoes this type ofliq
uidation usu. gets a fresh financial start by receiving
a discharge of all debts. -Also termed (in sense 2)
straight bankruptcy; liquidation bankruptcy.
"A Chapter 7 case has five stages: (1) getting the debtor
into bankruptcy court; (2) collecting the debtor's property;
(3) selling this property; (4) distributing the proceeds of the
sale to creditors; and (5) determining whether the debtor is
discharged from further liability to these creditors." David
G. Epstein et al., Bankruptcy  1-7, at 9 (1993).
Chapter 9. 1. lbe chapter of the United States Bank
ruptcy Code governing the adjustment of a munici
pality's debts. [Cases: Bankruptcy (~3481.l 2. A
bankruptcy case filed under this chapter.
Chapter 11. (1970) l. The chapter of the United States
Bankruptcy Code allowing an insolvent business, or
one that is threatened with insolvency, to reorganize its
capital structure under court supervision (and subject
to creditor approval) while continuing its normal oper
ations. Although the Code permits individual non
business debtors to use Chapter 11, the vast majority
of Chapter 11 cases involve business debtors. [Cases:
Bankruptcy (;::>350l.] 2. A business reorganization
conducted under this chapter; REORGANIZATION (1).
Chapter 12. 1. The chapter of the United States Bank
ruptcy Code prOViding for a court-approved debt
payment relief plan for family farmers with a regular
income, allowing the farmer's net income to be col
lected by a trustee and paid to creditors. [Cases: Bank
ruptcy (;::>3671.] 2. A bankruptcy case filed under
this chapter. Also termed (in sense 2) family-farmer
bankruptcy; farmer bankruptcy.
Chapter 13. 1. The chapter of the United States Bank
ruptcy Code allowing a person's earnings to be col
lected by a trustee and paid to creditors by means of a
court-approved debt-repayment plan if the person has
a regular income . A plan filed under Chapter 13 is
sometimes called a wage-earner's plan, a wage-earner
plan, or an income-based plan. Chapter 13 allows the
debtor to propose a plan of rehabilitation to extend or
reduce the balance of any obligations and to receive a
discharge from unsecured debts upon completion of
the payments under the plan. A plan made in good

265
faith will be confirmed ifthe creditors receive what they
would have received under Chapter 7, and if the plan
pledges all of the debtor's disposable income for three
years. [Cases: Bankruptcy (;:::>3701.] 2. A bankruptcy
case filed under this chapter.
Chapter 20. Slang. Bankruptcy. A debtor who files a
Chapter 7 petition and receives a discharge, and then
immediately files a Chapter 13 petition to deal with
remaining nondischargeable or secured debts. [Cases:
Bankruptcy C-;:)2235.]
Chapter 22. Slang. Bankruptcy. A debtor, usu. a corpora
tion, that fi1es a second Chapter 11 petition shortly after
a previous Chapter II petition has failed, because the
debtor has become insolvent again or is again threat
ened with insolvency. [Cases: Bankruptcy (;:::>2235.]
chapter surfing. Slang. A debtor's movement from a filing
under one United States Bankruptcy Code chapter to a
filing under another. [Cases: Bankruptcy (;:::>2235.]
character evidence. See EVIDENCE.
characterization. 1. Conflict oflaws. The classification,
qualification, and interpretation oflaws that apply to
the case. Also termed qualification; classification;
interpretation. [Cases: Action (;:::> 17.]
"In a conflictof.laws situation, a court must determine at
the outset whether the problem presented to it for solution
relates to torts, contracts, property. or some other field,
or to a matter of substance or procedure. in order to refer
to the appropriate law. In other words, the court must ini
tially, whether consciously or not, go through the process
of determining the nature of the problem; otherWise, the
court will not know which choiceoflaw rule to apply to the
case. This process is generally called 'characterization,'
and sometimes 'classification; 'qualification,' or 'interpre
tation.'" 16 Am. Jur, 2d Conflict of Laws  3, at 12 (1998).
2. Family law. The process of classifying property
accumulated by spouses as either separate or marital
property (or community property).
<:haracter loan. See LOAN.
character-reformation condition. See conditional
bequest under BEQUEST.
character witness. See WITNESS.
charge, n. (Bc) 1. A formal accusation ofan offense as a
preliminary step to prosecution <a murder charge>.
Also termed criminal charge. [Cases: Criminal Law
(;:::>208.1.)2. An instruction or command <a mother's
charge to her son>. 3. JURY CHARGE <review the charge
for appealable error>. 4. An aSSigned duty or task; a
responsibility <the manager's charge to open and
close the office>. 5. An encumbrance, lien, or claim <a
charge on property>. 6. A person or thing entrusted to
another's care <a charge of the estate>. 7. Price, cost, or
expense <free ofcharge>.
delinquency charge, A charge assessed against a
borrower for failing to timely make a payment.
finance charge. See FINANCE CHARGE.
late charge. An additional fee assessed on a debt when
a payment is not received by the due date. charge d'affaires
noncash charge. A cost (such as depreciation or amor
tization) that does not involve an outlay ofcash.
special charge. An ordinary cost of business excluded
from income calculations . The term is meaning
less under generally accepted accounting principles
because "special charge" expenses do not meet the
GAAP test for extraordinary items. -Also termed
one-time charge; unusual charge; exceptional charge.
See extraordinary expense under EXPENSE; operating
earnillgs under EARNINGS.
8. Parliamentary law. A deliberative assembly's
mandate to a committee. -Also termed committee
jurisdiction.
charge, vb. 1. To accuse (a person) of an offense <the
police charged him with murder>. 2. To instruct or
command <the dean charged the students to act ethi
cally>. 3. To instruct a jury on matters onaw <the judge
charged the jury on self-defense>. [Cases: Criminal Law
(;:::>769; Federal Civil Procedure (;:::>2173.1(1); Trial C,'
182, 213.] 4. To impose a lien or claim; to encumber
<charge the land with a tax lien>. 5. To entrust with
responsibilities or duties <charge the guardian with
the ward's care>. 6. To demand a fee; to bill <the clerk
charged a small filing fee>.
chargeable, adj. (Of an act) capable or liable of being
charged as a criminal offense <taking that money for
personal use would be chargeable>.
charge account. A credit arrangement by which a
customer purchases goods and services and pays
for them periodically or within a specified time. See
CREDIT (4).
charge and discharge. Equity practice. Court-ordered
account filings by a plaintiff and a defendant . The
plaintiff's account (charge) and the defendant's response
(discharge) were filed with a master in chancery.
charge and specification. Military law. A written descrip
tion ofan alleged offense. [Cases: Military Justice (;:::>
950-971.]
charge-back, n. A bank's deducting ofsums it had pro
visionally credited to a customer's account, occurring
usu. when a check deposited in the account has been
dishonored. UCC  4-214. [Cases: Banks and Banking
C= 126, 127,142, 158.]
charge bargain. See PLEA BARGAIN.
charge conference. (1972) A meeting between a trial
judge and the parties' attorneys to develop a jury
-Also termed prayer conference. [Cases: Trial
charge d'affaires (shahr-zhay da-fair). [French "one in
charge of affairs"] A diplomat who is the second in
command in a diplomatic mission (hence, subordinate
to an ambassador or minister). Also spelled charge
des affaires. Pl. charges d'affaires. [Cases: Ambassadors
and Consuls C=3.]
acting charge d'affaires. A charge d'affaires who
performs mission functions when the leader of the

266 charged with notice
mission is not available to do so or when the position is
vacant. Also termed charges d'affaires ad interim.
permanent charge d'affaires. A charge d'affaires with
a high enough rank to head a mission (if there is
no ambassador or minister). Also termed charge
d'affaires en pied; charge d'affaires en titre.
charged with notice. Imputed with knowledge or
awareness that is legally binding <the defendant was
charged with notice of the defect yet failed to act before
the plaintiff was injured it>. Also termed put on
notice. [Cases: Notice
chargee (chahr-jeel. 1. The holder ofa charge on property
or of a security on a loan. 2. One charged with a
crime.
charge off, vb. To treat (an account receivable) as a loss
or expense because payment is unlikely; to treat as a
bad debt. See bad debt under DEBT.
charge sheet. 1. A police record showing the name of
each person brought into custody, the nature of the
accusations, and the identity of the accusers. 2. Military
law. A four-part charging instrument containing


of the
accusations, and the identity of the accusers. 2. Military
law. A four-part charging instrument containing (1)
information about the accused and the witnesses, (2)
the charges and specifications, (3) the preferring of
charges and their referral to a summary, special, or
general court-martial for trial, and (4) for a summary
court-martial, the trial record. [Cases: Military Justice
(;::>950.]
charging instrument. (1951) A formal document -usu.
either an indictment or an information -that sets
forth an accusation ofa crime. -Also termed accusa
tory instrument.
charging lien. See LIEN.
charging order. (1904) Partnership. A statutory pro
cedure whereby an individual partner's creditor can
satisfy its claim from the partner's interest in the part
nership. [Cases: Partnership (;::> 186.]
charitable, adj. 1. Dedicated to a general public purpose,
usu. for the benefit of needy people who cannot pay
for benefits received <charitable contribution>. [Cases:
Charities Taxation (;::>2337.] 2. Involved in
or otherwise relating to charity <charitable founda
tion>.
charitable bequest. See BEQI:EST.
charitable contribution. (17c) A gratuitous transfer of
property to a charitable social-welfare, religious, sci
entific, educational, or other qualified organization .
Such a contribution has tax value because it may result
in a current income-tax deduction, may reduce federal
estate taxes, and can be made free of any gift taxes.
[Cases: Internal Revenue C::::>351O-3516, 4172; Taxation
(;::>3501.]
charitable corporation. See CORPORATION.
charitable deduction. See DEDUCTION.
charitable gift. See GIFT.
charitable immunity. See IMMUNITY (2).
charitable lead trust. See TRGST. charitable organization. (1897) Tax. A tax-exempt orga
nization that (1) is organized and operated exclUSively
for religious, scientific, literary, educational, athletic,
public-safety, or community-service purposes, (2)
does not distribute earnings for the benefit of private
individuals, and (3) does not participate in any way in
political candidate campaigns, or engage in substantial
lobbying. IRC (26 USCA)  501(c)(3). Also termed
charity; 501(c)(3) organization. [Cases: Charities
1-50; Internal Revenue (;::>4048-4069.]
charitable purpose. (1877) Tax.lhe purpose for which
an organization must be formed so that it qualifies as
a charitable organization under the Internal Revenue
Code. -Also termed charitable use. [Cases: Internal
Revenue (;::>4048, 4172(2).]
charitable remainder. See REMAINDER.
charitable-remainder annuity trust. See TRUST.
charitable-remainder trust. See TRUST.
charitable-remainder-trust retirement fund. See char
itable-remainder annuity trust under TRUST.
charitable trust. See TRUST.
charitable usc. 1. See CHARITABLE PURPOSE. 2. See char
itable trust under TRUST.
charity, n. 1. CHARITABLE ORGANIZATION. 2. Aid given
to the poor, the suffering, or the general community
for religious, educational, economic, public-safety, or
medical purposes. 3. Goodwill.
charlatan (shahr-hH,m), n. (17c) A person who pretends
to have more knowledge or skill than he or she actually
has; a quack or faker. charlatanism, charlatanry, n.
charta (kahr-td). (17c) [Law Latin] Hist. 1. A charter or
deed. 2. A token by which an estate is held. 3. A royal
grant of privileges or liberties.
Charta de Foresta. Hist. A charter that defined the
extent of the crown's rights and privileges in the royal
forests, granted the common people some rights to use
the forests, and reduced the penalties for crimes such as
poaching. The charter was first promulgated in 1217
and revised in 1225. Also termed Carta de Foresta;
Carta Forestae.
chartae libertatum (kahr-tee lib-df-tay-t<>m). [Latin]
Charters of liberties. Ihis term refers to the two
great sources of English liberties: Magna Carta and
the Charta de Foresta.
chartel. See CARTEL.
charter, n. (13c) 1. An instrument that establishes a body
politic or other organization, or that grants rights, lib
erties, or powers to its citizens or members <Charter
of the United Nations>. 2. An instrument by which a
municipality is incorporated, specifying its organiza
tional structure and its highest laws; specif., a written
document making the persons residing within a fixed
boundary, along with their successors, a corporation
and body politic for and within that boundary, and
prescribing the powers, privileges, and duties of the
corporation . A city charter trumps all conflicting

267
ordinances. Also termed municipal charter. [Cases:
Municipal Corporations
"Municipal Charters.- The charter issued to a municipality
is in the nature of a constitution to it, being superior to all
ordinances enacted by that municipality, though inferior
in rank to all State laws of every kind." Frank Hall Childs,
Where and How to Find the Law 8 (1922).
home-rule charter. A local government's organiza
tional plan or framework, analogous to a constitu
tion, drawn by the municipality itself and adopted by
popular vote ofthe See HOME RULE. [Cases:
Municipal Corporations
3. A governmental act that creates a business or defines
a corporate franchise; also, the document evidencing
this act.
bank charter. A document issued by a governmental
authority permitting a bank to conduct business.
[Cases: Banks and Banking 6.]
corporate charter. 1. CERTIFICATE OF INCORPORATION
(1).2. A document that one files with the secretary of
state upon incorporating a business. _ The corporate
charter is often the articles ofincorporation. [Cases:
Corporations 18.]
special charter. Hist. A legislative act creating a private
corporation as opposed to a public, charitable, or edu
cational corporation . Special charters were common
until the 19th century, when legislatures enacted
general incorporation laws that allowed private cor
porations to be formed without legislative action.
4. The organic law of an organization; loosely, the
highest law of any entity. Cf. ARTICLES OF INCORPO
RATION. 5. A governing document granting authority
or recognition from a parent organization to a subordi
nate or constituent organization, such as a local affili
ate or chapter, organized under the first organization's
authority; or the instrument granting such authority or
recognition. See governing document under DOCUMENT
(1). 6. Hist. The writing that accompanies a livery of
seisin. -Rather than being an operative element of
transfer, the writing was merely evidence of it. 7. The
leaSing or hiring of an airplane, ship, or other vessel.
[Cases: Shipping C:': 34-58.] 8. CHARTERPARTY.
bareboat charter. A charter under which the shipowner
surrenders possession and control ofthe vessel to the
charterer, who then succeeds to many of the ship
owner's rights and obligations. _ The charterer, who
provides the personnel, insurance, and other materi
als necessary to operate the vessel, is known either as
a demise charterer or as an owner pro hac vice. -Also
termed demise charter. [Cases: Shipping C::::>41.J
"The "demise" or "bareboat" charter is conceptually the
easiest to understand. The charterer takes possession
and operates the ship durin9 the period of the charter as
though the vessel belonged to the charterer. The bareboat
charter is thus analogous to the driver who leases a car
for a specified period or a tenant who rents a house for a
term of years. The charterer provides the vessel's master
and crew (much as the lessee-driver personally drives the
car) and pays the operating expenses (much as the lessee
driver buys the gasoline." David W. Robertson, Steven F. charterparty
Friedell & Michael F. Sturley, Admiralty and Maritime Law
in the United States 371-72 (2002).
demise charter. See bareboat charter.
gross charter. A charter under which the shipowner
provides all personnel and pays all expenses.
slot charter. A charter for one or more slots on a con
tainer vessel. -Each slot accommodates a 20-foot
container. A slot charter is a form ofvessel-sharing
agreement. Cf. space charter.
"Slot charters (and vesselsharing agreements) have become
increasingly popular in the container trades, as they enable
two or more carriers to combine their capacities and offer
more frequent service on their routes. If three carriers all
serve the New York to Rotterdam route, for example, and
each devotes one vessel to the route every three weeks,
they can implicitly (with slot charters) join forces and each
offer weekly service." David W. Robertson, Steven F. Friedell
& Michael F. Sturley, Admiralty and Maritime Law in the
United States 377 (2001).
space charter. A charter for a part ofa vessel '8 capacity,
such as a specified hold or deck or a specified part of
the vessel's carrying capacity. _ A space charter is a
form ofvessel-sharing agreement. Cf. slot charter.
time charter. A charter for a specified period, rather
than for a specific task or voyage; a charter under
which the shipowner continues to manage and control
the vessel, but the charterer deSignates the ports of
call and the cargo carried. Each party bears the
expenses related to its functions and for any damage it
causes. Cf. voyage charter. [Cases: Shipping C::::>40.]
voyage charter. A charter under which the shipowner
provides a ship and crew, and places them at the
disposal ofthe charterer for the carriage ofcargo to
a designated port. -The voyage charterer may lease
the entire vessel for a voyage or series ofvoyages or
may (by "space charter") lease only part ofthe vesseL
Cf. time charter. [Cases: Shipping C=41.J
"The fundamental difference between voyage and time
charters is how the freight or 'charter hire' is calculated. A
voyage charter party specifies the amount due for carrying
a specified cargo on a specific voyage (or series ofvoyages),
regardless of how long a particular voyage takes. A time
charter party specifies the amount due for each day that
the vessel is 'on hire,' regardless of how many voyages
are completed." David W. Robertson, Steven F. Friedel! &
Michael F. Sturley, Admiralty and Maritime Law in the United
States 377 (2001).
charter, vb. 1. To establish or grant by charter <charter
a bank>. 2. To hire or rent for temporary use <charter
a boat>.
charter agreement. See CHARTERPARTY.
chartered life underwriter. See UNDERWRITER.
chartered ship. See SHIP.
charter-land. Hist. See BOOKLAND.
charter member. See MEMBER.
charter ofaffreightment. See AFFREIGHTMENT.
charterparty. (l6c) A contract by which a ship, or a prin
cipal part ofit, is leased by the owner, esp. to a merchant
for the conveyance ofgoods on a predetermined voyage
to one or more places or for a specified period oftime; a

268 chartis reddendis
special contract between the shipowner and charterer,
esp. for the carriage ofgoods by sea. Also written
charter-party; charter party. Often shortened to
charter. Also termed charter agreement. [Cases:
Shipping
"Charter partie (charta partita) is nothing but that which
we call a paire of indentures, conteining the covenants
and agreements made betweene merchants, or sea faring
men touching their marine affaires." John Cowell, The
Interpreter (1607).
'The instrument by which a vessel is leased is a charter
party. The term is derived from charta partita, Le., a deed
of writing divided; in earlier times the charta partita, like
the indenture agreement, was prepared in two parts,
the ship owner retaining one part and the charterer the
other.... While a charter party need not be in writing, most
charters today are detailed written documents drawn to
accommodate the particular needs of shipper and carrier
in a certain type of trade or commerce." Frank L Maraist,
Admiralty in a Nutshe//44-45 (3d ed. 1996).
chartis reddendis (kahr-tis ri-den-dis). [Latin "for
returning charters"] Hist. A writ seeking the return
of a charter of feoffment from a person who has been
entrusted with the charter but who has refused to
deliver it as instructed. See FEOFFMENT.
chartophylax (kahr-tof-d-Iaks). Hist. A keeper of records
or public instruments; a registrar.
chase, n. Hist. A franchise granted by the Crown empow
ering the grantee to keep, within a certain district,
animals for hunting, i.e., the objects of the chase. _ This
franchise was also known as a free chase to contrast it
with a chase royal- a chase held by the Crown.
common chase. A chase in which everyone is entitled
to hunt.
chattel (chat-dl). (usu. pI.) (14c) Movable or transferable
property; personal property; esp., a physical object
capable of manual delivery and not the subject matter
of real property.
"That Money is not to be accounted Goods or Chattels,
because it is not of it self valuable .... Chattels are either
personalor real. Personal, may be so called in two respects'
One, because they belong immediately to the person of a
Man, as a Bow, Horse


may be so called in two respects'
One, because they belong immediately to the person of a
Man, as a Bow, Horse, etc. The other, for that being any
way injuriously withheld from us, we have no means to
recover them, but Personal Actions. Chattels real, are such
as either appertain not immediately to the person, but to
some other thing, by way of dependency, as a Box with
Charters of Land, Apples upon a Tree, or a Tree it self
growing on the Ground .... [O]r else such as are issuing
out of some immoveable thing to a person, as a Lease or
Rent for the term of years." Thomas Blount, Nomo-Lexicon:
A Law-Dictionary (1670).
chattel personal. (16c) A tangible good or an intan
gible right (such as a patent). -Also termed personal
chattel. [Cases: Property C=-4.
chattel real. (16c) A real-property interest that is less
than a freehold or fee, such as a leasehold estate. _
The most important chattel real is an estate for years
in land, which is considered a chattel because it lacks
the indefiniteness oftime essential to real property.
Also termed real chattel. [Cases: Property C=-4.]
chattel vegetable. A movable article of a vegetable
origin, such as timber, undergrowth, corn, or fruit local chattel. Personal property that is affixed to land;
FIXTURE.
personal chattel. See chattel personal.
real chattel. See chattel real.
unique chattel. A chattel that is absolutely irreplaceable
because it is one of a kind.
chattel lien. See mechanic's lien under LIEN.
chattel mortgage. See MORTGAGE.
chattel-mortgage bond. See BOND (3).
chattel paper. (1935) A writing that shows both a
monetary obligation and a security interest in or a lease
of specific goods. UCC  9-102(1)(11). -Chattel paper
is generally used in a consumer transaction when the
consumer buys goods on credit The consumer typically
promises to pay for the goods by executing a promis
sory note, and the seller retains a security interest in
the goods. See SECURITY AGREEMENT. [Cases: Secured
Transactions C=-88, 142.]
"'Chattel paper' means a record or records that evidence
both a monetary obligation and a security interest in or a
lease of specific goods or of speCific goods and software
used in the goods. The term does not include a charter
or other contract involving the use or hire of a vessel. If a
transaction is evidenced both by a security agreement or
lease and by an instrument or series of instruments, the
group of records taken together constitutes chattel paper."
UCC  9-102(a)(8).
electronic chattel paper. (1998) Chattel paper evi
denced by a record or records consisting of informa
tion stored in an electronic medium and retrievable
in perceivable form. UCC  9-102(a)(31).
tangible chattel paper. Chattel paper evidenced by a
record or records consisting of information inscribed
on a tangible medium. UCC  9-102(a)(78).
chattel personal. See CHATTEL.
chattel real. See CHATTEL.
chattel vegetable. See CHATTEL.
chaud-medley (showd-med-lee). See CHANCE-MEDLEY.
chauntry (chon-tree), n. See CHANTRY.
cheapgild. Hist. See ORFGILD (1). -Also spelled cheape
gild.
cheap stock. See STOCK.
cheat, n. 1. CHEATING. 2. A person who habitually cheats;
a swindler.
cheat, vb. To defraud; to practice deception.
cheater. 1. A person who cheats. 2. ESCHEATOR.
cheating. (16c) The fraudulent obtaining of another's
property by means of a false symbol or token, or by
other illegal practices. -Also termed cheating at
common law; common-law cheat; cheat. See FRAUD.
cheating by false pretenses. (1827) The intentional
obtaining of both the possession and ownership of
money, goods, wares, or merchandise by means of
misrepresentations, with the intent to defraud. See
PALSE PRETENSES. Cf. larceny by trick under LARCENY.
[Cases: False Pretenses C=-1; Larceny (;:::.) 14.J

269
check, n. (18c) A draft signed by the maker or drawer,
drawn on a bank, payable on demand, and unlimited in
negotiability . Under UCC  3-104(f), an instrument
may be a check even though it is described on its face
by another term, such as "money order." - Also spelled
cheque. See DRAFT. Banks and Banking(;:::::> 137;
Bills and Notes 15, 149.]
bad check. (1856) A check that is not honored because
the account either contains insufficient funds or does
not exist. Also termed hot check; worthless check;
rubber check; bounced check; cold check; bogus check;
false check; dry check.
blank check. (1819) A check signed by the drawer but
left blank as to the payee or the amount, or both.
bogus check. See bad check.
bounced check. See bad check.
canceled check. (1839) A check bearing a notation
that it has been paid by the bank on which it was
drawn. A canceled check is often used as evidence
ofpayment. Also spelled cancelled check.
cashier's check. (1846) A check drawn by a bank on
itself, payable to another person, and eVidencing the
payee's authorization to receive from the bank the
amount of money represented by the check; a draft
for which the drawer and drawee are the same bank,
or different branches ofthe same bank. [Cases: Banks
and Banking 189.]
certified check. (1841) A depositor's check drawn on
a bank that guarantees the availability of funds for
the check.  The guarantee may be by the drawee's
signed agreement to pay the draft or by a notation
on the check that it is certified. [Cases: Banks and
Banking
cold check. See bad check.
crossed check. A check that has lines drawn across its
face and writing that specifies the bank to which the
check must be presented for payment.  The same
effect is achieved by stamping the bank's name on
the check. The check's negotiability at that bank is
unaffected, but no other bank can honor it. Cf. open
check.
depository-transfer check. (1976) An unsigned, nonne
gotiable check that is used by a bank to transfer funds
from its branch to the collection bank.
dry check. See bad check.
e-check. A paper check that is supplied by a consumer
to a payee (usu. a merchant) who uses the check to
make an electronic funds transfer . The payee elec
tronically scans the check's magnetic-ink charac
ter-recognition coding to obtain the bank-routing,
account, and serial numbers, then enters the amount
ofthe check. This is usu., but not always, done at a
point-of-sale terminal. Also termed electronic
check. Cf. e-money under MONEY.
electronic check. See e-check.
false check. See bad check. check-kiting
hot check. See bad check.
memorandum check. A check that a borrower gives
to a lender for the amount ofa short-term loan, with
the understanding that it is not to be presented for
payment but will be redeemed by the borrower when
the loan falls due.
open check. A check that may be cashed by any bank.
Cf. crossed check.
personal check. A check drawn on a person's own
account.
postdated check. A check that bears a date after the date
of its issue and is payable on or after the stated date.
raised check. (1867) A check whose face amount has
been increased, usu. without the knowledge of the
issuer an act that under the UCC is considered
an alteration. UCC  3-407. See RAISING AN INSTRU
MENT.
registered check. A check purchased at a bank and
drawn on bank funds that have been set aside to pay
that check.
rubber check. See bad check.
stale check. (1899) A check that has been outstanding
for an unreasonable time -more than six months
under the Ucc.  Banks in jurisdictions adopting
the UCC may choose not to honor such a check. UCC
 4-404. [Cases: Banks and Banking (;:::::> 137; Bills and
Notes (;:::::>404.]
teller's check. A draft drawn by a bank on another bank
or payable at or through a bank. [Cases: Banks and
Banking
traveler's check. A cashier's check that must be signed
by the purchaser at the time ofpurchase and counter
Signed when cashed; an instrument that (I) is payable
on demand, (2) is drawn on or payable at or through a
bank, (3) is deSignated by the term "traveler's check"
or by a substantially similar term, and (4) requires, as a
condition to payment, a countersignature by a person
whose specimen signature appears on the instrument.
UCC  3-104(0. Traveler's checks, which are avail
able in various denominations, are typically pur
chased from a bank or financing company. [Cases:
Banks and Banking (;:::::> 189.]
worthless check. See bad check.
check, vb. (14c) 1. To control or restrain <handcuffs
checked the defendant's movement>. 2. To verify or
audit <an accountant checked the invoices>. 3: To
investigate <the police checked the suspect's story>.
 In this sense, check is typically used with up, on, or
out. 4. To leave for safekeeping with an attendant <the
diner checked her coat at the door>.
check-kiting. (1892) The illegal practice of writing a
check against a bank account with insufficient funds
to cover the check, in the hope that the funds from
a preViously deposited check will reach the account
before the bank debits the amount of the outstanding
check. Also termed kiting; check-flashing. [Cases:
Banks and Banking (;:::::> 150.]

270 check-off system
"Check kiting consists of drawing checks on an account in
one bank and depositing them in an account in a second
bank when neither account has sufficient funds to cover
the amounts drawn. Just before the checks are returned
for payment to the first bank, the kiter covers them by
depositing checks drawn on the account in the second
bank." United States v. Stone, 954 F.2d 1187, 1188 n.l (6th
Cir. 1992).
check-off system. The procedure by which an employer
deducts union dues directly from the employees' wages
and remits those dues to the union.
checkpoint search. See SEARCH.
checks and balances. (18c) 1he theory ofgovernmental
power and functions whereby each branch ofgovern
ment has the ability to counter the actions ofany other
branch, so that no single branch can control the entire
government.  For example, the executive branch can
check the legislature by exercising its veto power, but
the legislature can, by a sufficient majority, override any
veto. See SEPARATION OF POWERS.
chefe (chef). [Law French fr. French chef"head"] See
WERGILD.
chemical warfare. See WARFARE.
cheque. See CHECK.
cherry-stem annexation. See ANNEXATION.
chevage (chee-vij). [fr. French chej"head"] Rist. An
annual tribute payment from a villein to a lord.
Chevage was commonly exacted from villeins for per
mission to marry or permission to work outside a lord's
domain. Also spelled chivage; chiefage.
"Chevage, (chevagium) commeth of the French <chef.L
caput}. It signifieth with us, a summe of money paid
by villeins to their Lords, in acknowledgment of their
slaverie.... It seemeth also to be used, for a summe of a
mony, yearely given by a man to another of might &power,
for his avowement, maintenance, and protection, as to their
head or leader," John Cowell, The Interpreter (1607).
chevantia (chd-van-shee-d). [Law French] Hist. A loan
ofmoney.
chevisance (chev-d-zints). [Law French] His!. 1. A com
position; an agreement between a creditor and a debtor.
See COMPOSITION. 2. An unlawful or usurious contract;
esp" a contract intended to evade the statutes prohibit
ing usury.
Chevron deference. A two-part test under which a
court will uphold a federal agency's construction of a
federal statute if (1) the statute is ambiguous or does
not address the question at issue, and (2) the agency's
interpretation ofthe statute is reasonable. Ifthe court
finds that the legislature's intent is clearly expressed in
the statute, then that intent is upheld. lhe U.S. Supreme
Court enunciated the rule in Chevron U.S.A., Inc. v.
Natural Res. De! Council, Inc., 467 U.S. 837, 842-43,
104 S.Ct. 2778,2781-82 (1984). -Also termed Chevron
rule. [Cases: Statutes ~219(l), 219(2).]
cheze (shayz). [French chez "at the home of"] His!. 1.
HOMESTEAD. 2. A homestall; a farmyard.
Chicago Board of Trade. The commodities exchange
where futures contracts in a large number of agricultural products are made. Abbr. CBT; CBOT. [Cases: Com
modity Futures Trading Regulation ~3-31.1


Abbr. CBT; CBOT. [Cases: Com
modity Futures Trading Regulation ~3-31.1
Chicago Board Options Exchange. The predominant
organized marketplace in the United States for trading
options. -Abbr. CBOE.
chicanery (shi-kay-ndr-ee), n. (17c) Trickery; decep
tion. Also termed chicane. chicanerous, adj.
chief, n. l. A person who is put above the rest; the leader
<chief of staff>. 2. The principal or most important part
or position <commander-in-chief>. -chief, adj.
chief administrative patent judge. See JUDGE.
chiefage. See CHEVAGE.
chief baron, Hist. The presiding judge of the English
Court of Exchequer. Upon the death of Chief Baron
Kelly in 1880, the office was abolished. Through the
Judicature Act of 1925, the Lord Chief Justice of
England became the presiding judge. See BARONS OF
THE EXCHEQUER.
chief executive. See EXECUTIVE.
chief executive officer. (1854) A corporation's highest
ranking administrator, who manages the firm day by
day and reports to the board ofdirectors. Abbr. CEO,
[Cases: Corporations
chief financial officer. The executive in charge of making
a company's accounting and fiscal decisions. -Abbr.
CFO. [Cases: Corporations 281-369.]
chiefinformation officer, The executive who supervises
a company's informational infrastructure, including
the system for retaining and destroying records. -
Abbr. CIa.
chief judge, See JUDGE.
chief justice. See JUSTICE (2).
Chief Justice of England. The former title of the Lord
Chief Justice of England, See LORD CHIEF JUSTICE OF
ENGLAND.
ChiefJustice ofthe Common Pleas. Rist. Formerlv, the
presiding judge in the Court ofCommon Pleas. ~ The
Judicature Act of 1875 reduced the Court of Common
Pleas to the Common Pleas Division. In 1881 the last
Chief Justice of the Common Pleas, Lord Coleridge,
was appointed Lord ChiefJustice of England, merging
the Common Pleas Division and the Queen's Bench
Division. The Lord Chief Justice of England now
exercises the powers formerly belonging to the Chief
Justice of the Common Pleas. Cf. LORD CHIEF JUSTICE
OF ENGLAND.
ChieOustice ofthe United States. The formal title ofthe
officer who is the ChiefJustice of the Supreme Court
of the United States. Often shortened to the Chief
Justice. [Cases: Judges
chief justiciar. See JUSTICIARY (2).
chieflease. See HEADLEASE.
chieflord. Hist. The immediate lord of a fee, to whom the
tenants were directly and personally responsible.
chief magistrate. See MAGISTRATE (1).

271
ChiefofProtocol. An officer in the U.S. Department of
State responsible for managing the Office of Protocol
and advising the President, Vice President, Secretary of
State, and other U.S. officials on matters of diplomatic
procedure governed by law or international custom and
practice.
chief operating officer. A manager who supervises a
company's day-to-day operations and who usu. reports
to the chief executive officer. -Abbr. COO. [Cases:
Corporations (::::::>31O(l).]
chief rents. Hist. A small, fixed, annual rent payable to
the lord by a freeholder ofa manor; annual quit rent.
Chief rents 'were abolished in 1922. See QUIT RENT.
chiefry (cheef-ree). Hist. A small rent paid to the sov
ereign by a feudal landholder. -Also spelled chiefrie;
chiefery.
chief use. A standard for determining a proper tariff clas
sification in which a commodity's use is understood by
examining the intended users as a whole, rather than
individually.
child. (bef. 12c) 1. A person under the age of majority.
2. Hist. At common law, a person who has not reached
the age of 14.3. A boyar girl; a young person. 4. A son
or daughter.
"The word 'children' is normally used to denote issue of
the first generation only." Restatement of Property  267,
cmt. c (1940).
5. A baby or fetus. See JUVENILE; MINOR. PI. children.
abortive child. Civil law. A stillborn child or a child
born so prematurely that it cannot and does not
survive 24 hours.
abused child. A child who has been subjected to
physical or mental neglect or harm. See child abuse
under ABUSE. [Cases: Infants
adopted child. A child who has become the son or
daughter of a parent or parents by virtue oflegal or
equitable adoption; ADOPTEE. See ADOPTION. [Cases:
Adoption (::::::> 18]
afterborn child. (18c) A child born after execution of
a will or after the time in which a class gift closes.
Also spelled after-born child. See afterborn heir under
HEIR. Cf. posthumous child. [Cases: Wills ~~524.]
battered child. A child upon whom physical or sexual
abuse has been inflicted, usu. by a relative, caregiver,
or close family friend. See child abuse under ABUSE;
domestic violence under VIOLENCE; BATTERED-CHILD
SYNDROME. [Cases: Criminal Infants
15,156.]
biological child. See natural child (1).
child in need ofsupervision. A child who has commit
ted an offense that only children can commit, such
as being ungovernable and disobedient to parents,
running away from home, violating a curfew, being
habitually truant from school, violating age restric
tions on the purchase or possession of liquor or
tobacco, or the like. -Also termed person in need child
ofsupervision; minor in need ofsupervision. -Abbr.
CHINS. [Cases: Infants (::::::> 151.]
child out ofwedlock. See illegitimate child.
child with disabilities. Under the Individuals with Dis
abilities Education Act, a child who needs special
education or related services because of (1) mental
retardation, (2) a hearing, language, or visual impair
ment, (3) a serious emotional disturbance, or (4)
another health impairment or specific learning dis
abilitv. See INDIVIDUALS WITH DISABILITIES EDUCA
TION ~CT. [Cases: Schools~) 148(2.1).]
delinquent child. (1902) A child who has committed
an offense that would be a crime if committed by
an adult.  A delinquent child may not be subject
to the jurisdiction of the juvenile court if the child
is under a statutory age. Cf. child in need ofsupervi
sion; JUVENILE DELINQUENT. [Cases: Infants ('>;:'153.]
[Cases: InfantsC:::> 154.1,157,158; Social Security and
Public Welfare (::::::> 194.2.]
dependent child. A needy child who has been deprived
of parental support or care because of the parent's
or other responsible person's death, absence from
the home, phYSical or mental incapacity, or (in some
cases) unemployment. -This definition was formerly
found in Aid to Families with Dependent Children
(AFDC), 42 USCA  606(a). When that program
was replaced with Temporary Assistance to Needy
Families (TANF), the definition was eliminated
although sections of TANF refer to it (see, e.g., 42
USCA  672(h. C-='154.1, 157, 158; Social Security
and Public Welfare 194.2.]
deprived child. A child who (1) lacks proper parental
care or control, subsistence, education, or other care
and control for his or her phYSical, mental, or emo
tional well-being, (2) has been placed for care or
adoption in violation of the law, (3) has been aban
doned, or (4) is without a parent, guardian, or legal
custodian. Uniform Juvenile Delinquency Act, 18
USCA  5031 et seq. Cf. neglected child. [Cases:
Infants
disobedient child. See incorrigible child.
foster child. (12c) A child whose care and upbring
ing are entrusted to an adult other than the child's
natural or adoptive parents, usu. by an agency. - A
foster child may receive informal, voluntary care
by someone (often a grandparent, other relative, or
neighbor) who enters into an agreement with the
parent or who simply substitutes for the parent as nec
essary to ensure the child's protection. More formally,
the child may be part ofthe federal-state foster-care
program that identifies, trains, and pays caregivers
who will provide family care for children who lack
parents or cannot safely remain with their biologi
calor adoptive parents. -Also termed (archaically)
fosterling. See foster parent under PARENT. [Cases:
Infants e=-~226.]
genetic child. See natural child (1).

handicapped child. A child who is mentally retarded,
deaf or hearing-impaired, speech-impaired, blind or
visually disabled, seriously emotionally disturbed, or
orthopedically impaired, or who because of specific
learning disabilities requires special education.
Schools c)::> 148(2.1).]
illegitimate child. (17c) A child who was not conceived
or born in lawful wedlock, nor later legitimated . At
common law, such a child was considered the child of
nobody (nullius filius) and had no name except one
that was gained by reputation. Being no one's child,
an illegitimate child could not inherit, even from the
mother, but all states now allow maternal inheritance.
In cases such as Levy v. Louisiana, 391 U.S. 68, 88
S.Ct. 1509 (1968), and Glona v. American Guar. &
Liab. Ins. Co., 391 U.S. 73,88 S.Ct. 1515 (1968), the
Supreme Court held that limitations on a child's right
to inherit from his or her mother were unconstitu
tional. As a result, states changed their laws to permit
full maternal inheritance. Full paternal inheritance
is permitted ifthe child can prove paternity in accor
dance with state law (the proof varies from state to
state). This burden of proof, uniquely imposed on
an illegitimate child, is constitutionally permissible.
Lalli v. Lalli, 439 U.S. 259, 99 S.Ct. 518 (1978). ~Also
termed bastard; child out of wedlock; nonmarital
child; (archaically) natural child. Cf. BASTARD. [Cases:
Children Out-of-Wedlock
incorrigible child. (17c) A child who habitually refuses
to obey his or her parents or guardians. ~ Also
termed disobedient child.
intended child. The child who is intended to result
from a surrogacy contract. See surrogate parent under
PARENT; surrogate mother under MOTHER; intentional
parent under PARENT; legalfather under FATHER; SUR
RoGAcy CONTRACT. [Cases: Infants C':-;) 15; Parent and
Child
legitimate child. (l7c) 1. At common law, a child con
ceived or born in lawful wedlock. 2. Modernly, a child
conceived or born in lawful wedlock, or legitimated
either by the parents' later marriage or by a declara
tion or judgment of legitimation. [Cases: Children
Out-of-Wedlock (;:;;, l.]
mantle child. Hist. A child born out of wedlock and
later legitimated when the parents are married, tra
ditionally by standing under a cloak with the parents
during the marriage ceremony. [Cases: Children Out
of-Wedlock (;:;;, 11.]
"Our law. . has no need to distinguish between various
sorts of illegitimate children. A child is either a legitimate
child or a bastard .... In the sharp controversy over this
principle ... the champion of what we may call the high
church party alleged that old English custom was in accord
with the law of the church as defined by Alexander III.
Probably there was some truth in this assertion. It is not
unlikely that old custom, though it would not have held that
the marriage in itself had any retroactive effect, allowed
the parents on the occasion of their marriage to legitimate
the already existing offspring of their union. The children
were placed under the cloak which was spread over their
parents during the marriage ceremony, and became 'mantle children.' We hear of this practice in Germany and
France and Normandy; but we have here rather an act of
adoption than a true legitimation. and it would not have
fully satisfied the church." 2 Frederick Pollock & Frederic
W. Maitland, The History ofEnglish Law Before the Time of
Edward I 397-98 (2d ed. 1899).
natural child. (16c) 1. A child by birth, as distinguished
from an adopted child. Also termed biological child;
genetic child. [Cases: Children Out-of-Wedlock (;:;;, 1;
Parent and Child 1.] 2. A child that is genetically
related to the mother and father as opposed to a child
conceived by donor insemination or by egg donation.
[Cases: Children Out-of-Wedlock (;:;;, 15; Parent and
Child (;:;;'20.]3. Archaic. An illegitimate child, usu.
one acknowledged by the father.
neglected child. (l7c) 1. A child whose parents or legal
custodians are unfit to care for him or her because
of cruelty, immorality, or incapacity. [Cases: Infants
(;:;;, 156.] 2. A child whose parents or legal custodi
ans refuse to provide the necessary care and medical
services for the child. Cf. deprived child.


child whose parents or legal custodi
ans refuse to provide the necessary care and medical
services for the child. Cf. deprived child. [Cases:
Infants
nonmarital child. See illegitimate child.
posthumous child. (17c) A child born after a parent's
death. Ordinarily, the phrase posthumous child
suggests one born after the father's death. But in at
least one case, a legally dead pregnant woman was
kept on life-support machines until the child could
be safely delivered; so it is possible for a mother's post
humous child to be born. Cf. child. [Cases:
Descent and Distribution Wills C=:>497(7).]
prostituted child. See child prostitute under PROSTI
TUTE.
quasi-posthumous child. Civil law. A child who
becomes a direct heir of a grandfather or other male
ascendant because of the death ofthe child '8 father.
special-needs child. 1. A child with medical problems
or with a physical, mental, or emotional handicap.
2. A child that is likely to be unadoptable because of
medical problems or phYSical, mental, or emotional
handicaps, or by reason ofage or ethnic background.
See ADOPTION ASSISTANCE AND CHILD WELFARE
ACT.
stepchild. The child of one's spouse by a previous
marriage. A stepchild is generally not entitled to
the same legal rights as a natural or adopted child.
For example, a stepchild has no right to a share ofan
intestate stepparent's property. [Cases: Descent and
Distribution (;:;;,31; Wills (;:;;,497(7).]
unborn child. A child not yet born, esp. at the happen
ing ofsome event.
child abuse. See ABUSE.
child-abuse and -neglect reporting statute. Family law.
A state law requiring certain persons, among them
healthcare providers, teachers, and child-care workers,
to report suspected child abuse . By 1967, every state
had adopted some form of reporting statute. In the
Child Abuse Prevention and Treatment Act (42 USCA

273
 5101-5157), Congress provided federal funding for
all states that implement federal standards in their
reporting statutes and defined child maltreatment
broadly. See CHILD ABUSE PREVENTION AND TREAT
MENT ACT. [Cases: Infants C~13.5.J
Child Abuse Prevention and Treatment Act. Family law.
A federal statute that provides limited funding to states
for preventing, identifying, and treating child abuse
and neglect . Enacted in 1974, the Act was amended
in 1996 to reinforce an emphasis on child safety. The
Act established the National Center on Child Abuse
and Neglect in the Department of Health and Human
Services. Its function is to study child abuse, conduct
research into its causes, and make grants to agencies
for the study, prevention, and treatment of child abuse.
42 USCA  5101-5157. Abbr. CAPTA. See CHILD
ABUSE AND -NEGLECT REPORTING STATUTE.
child-access prevention statute. See SAFE-STORAGE
STATUTE.
child-and dependent-care tax credit. See TAX CREDIT.
child application. See PATENT APPLICATION.
child-benefit theory. See STUDENT-BENEFIT THEORY.
child-care fund. Family law. State-government funds set
aside to reimburse counties for part of the payments for
children's foster care and expenses.
child-care rules. Family law. State administrative
rules for the care of foster children . In most states,
departments concerned with social services establish
and enforce the rules governing the welfare of foster
children. A few states have created agencies expressly
dedicated to services for children. [Cases: Infants C="
17,226.]
child custody. See CUSTODY (2).
child destruction. L See FETICIDE. 2. See INFANTICIDE
(1).
.child endangerment. (1981) The placing of a child in a
place or position that exposes him or her to danger to
life or health. Also termed endangering the welfare
ofa child. [Cases: Infants C='13, 156.]
physical child endangerment. Reckless behavior
toward a child that has caused or could cause serious
physical injury. -Sometimes shortened to physical
endangerment. [Cases: Infants 13, 156.J
child in need ofsupervision. See CHILD.
child-kidnapping. See KIDNAPPIKG.
child labor. The employment ofworkers under the age of
majority. This term typically focuses on abusive prac
tices such as exploitative factory work; slavery, sale, and
trafficking in children; forced or compulsory labor such
as debt bondage and serfdom; and the use of children
in prostitution, pornography, drug-trafficking, or
anything else that might jeopardize their health, safety,
or morals. Some writers restrict the term to activities
forbidden by the International Labor Organization's
minimum-age conventions. See ILO Minimum Age
Convention ch. 138 (1973). See FAIR LABOR STANDARDS child-sexual-abuse accommodation syndrome
ACT. Cf. CHILD WORK. [Cases: Infants C='14; Labor and
Employment <>::>2245.]
oppressive child labor. Under the Fair Labor Standards
Act, the employment of workers under the age of 16
in any occupation, or the employment of those 16 to
18 years old in particularly hazardous occupations.
29 USCA  203(1); 29 CFR  570.1(b). The Secretary of
Labor may assess civil penalties of up to $10,000 per
violation. 29 USCA  216(e). Also termed harmful
child labor. [Cases: InfantsC= 14; Labor and Employ
ment
child-labor law. (1904) A state or federal statute that
protects children by prescribing the necessary working
conditions for children in a workplace. See FAIR LABOR
STANDARDS ACT. [Cases: Infants C;=> 14.J
child maltreatment. See child abuse under ABUSE.
child molestation. See MOLESTATION.
childnapping. See child-kidnapping under KIDNAP
PING.
child neglect. See KEGLECT.
Child Online Protection Act. A 1998 federal statute
designed to control child pornography on the Internet
by prohibiting Internet speech that is "harmful to
minors."  Unlike the Communications Decency Act,
COPA does not apply to e-mail or chat-room com
munications. Among other things, COPA applies to
sexually explicit material that appears to depict minors,
even ifthe people are actually over 18 or the images are
computer-generated and do not depict living people.
After several court challenges, COPA was held uncon
stitutional and never became effective. Abbr. COPA.
[Cases: Telecommunications C;=> 1349.]
child out of wedlock. See illegitimate child under
CHILD.
child pornography. See PORNOGRAPHY.
child prostitute. See PROSTITUTE
child prostitution. See PROSTITUTION.
Child Protective Services. A governmental agency
responsible for investigating allegations ofchild abuse
and neglect, providing family services to the parent or
guardian of a child who has been abused or neglected,
and administering the foster-care program. -Abbr.
CPS. -Also termed (in some states) Department of
Social Services; (esp. in Michigan) family independence
agency. [Cases: Infants C;=> 17.J
child-rearing. Family law. The practices and customs
followed in the upbringing of children, whether in a
particular family or in society generally. -Sometimes
written childrearing.
children's court. See juvenile court under COURT.
child's attorney. See attorney ad litem under ATTORNEY.
child-sexual-abuse accommodation syndrome. The
supposed medical and psychological condition of a
child who has suffered repeated instances of sexual
abuse, usu. from a relative or family friend . This 50
called "syndrome" has been repudiated by the scientific

community. It cannot be validated and thus cannot dis
criminate between abuse and nonabuse cases. Abbr.
CSAAS. -Also termed child-sexual-abuse syndrome.
[Cases: Criminal Law C::>474.4(4).]
child's income tax. See kiddie tax under TAX.
child-slaying. See INFANTICIDE.
child's part. An inheritance that, by statute in some
states, a widow may claim in lieu ofdower or what she
would receive under her husband's will. _ The amount
is calculated by counting the widow as a child of the
decedent, sharing equally any entitlement with any
other child. [Cases: Descent and Distribution C='
52-67.] .
child-stealing. See child-kidnapping under KIDNAP
PING.
child support. (1939) Family law. 1. A parent's legal obli
gation to contribute to the economic maintenance and
education of a child until the age ofmajority, the child's
emancipation before reaching majority, or the child's
completion ofsecondary education. -The obligation is
enforceable both civilly and criminally. [Cases: Child
Support C:='22.] 2. In a custody or divorce action, the
money legally owed by one parent to the other for the
expenses incurred for children of the -The
right to child support is the child's right and cannot be
waived, and any divorce-decree provision waiving child
support is void. Cf. ALIMONY. [Cases: Child Support
C:='8,47, 100-165.]
decretal child support. Child support provided for in
a divorce decree or modification order. [Cases: Child
Support (:;::::>223, 342.]
child-support-enforcement agency. Family law. A gov
ernmental agency that helps custodial parents collect
child support. -Under Title IV(D) ofthe Social Security
Act (42 USCA  654), states are required to establish
child-support-enforcement agencies to collect support
for obligee parents. Although the agencies are governed
by a set of federal standards, each state has its own
central registry. The CSE agency may operate through
the state's Department ofHuman Services, its Depart
ment of}ustice, its tax agency, or its Attorney General's
office. The agency can help locate a missing parent and
establish paternity. The agency works to establish and
enforce support orders. -Abbr. CSE agency. Also
termed IV-D agency. See OFFICE OF CHILD-SUPPORT
ENFORCEMENT. [Cases: Child Support 189.]
child-support guidelines. Family law. Statutory pro
visions that govern the amount of child support that
an obligor parent must pay. -Child-support guide
lines have been developed in every state in response
to the creation of the Temporary Assistance to Needy
Families program. 42 USCA  601-603a. [Cases: Child
Support C='142-149.J
Child Support Recovery Act of 1994. A statute that
made it a federal offense for a person to willfully fail
to pay past-due child support for a child who lived
in another state. _ This Act has been replaced by the
Deadbeat Parents Punishment Act. 42 USCA  228. See DEADBEAT PARENTS PUNISHMENT ACT. [Cases: Child
Support C=652.]
childwit. Hist. A fine levied by a master on a servant who
became pregnant without the master's consent.
child with disabilities. See CHILD.
child work. A minor's salutary employment, esp. within
the family. _ This term is sometimes used in contrast
to child labor, the idea being that child work within the
family unit can be a positive experience. Some scholars
and courts note that child work can facilitate vocational
skills and social adaptation, and is often viewed as an
expression offamily solidarity. Cf. CHILD LABOR.
chill, vb. To inhibit or discourage <chill one's free-speech
rights>.
chilling a sale. (1881) The act of bidders or others
who combine or conspire to discourage others from
attempting to buy an item so that they might buy the
item themselves for a lower price.
chilling effect. (1952) 1. Constitutional law. The result of
a law or practice that seriously discourages the exercise
of a constitutional right, such as the right to appeal or
the right offree speech. 2. Broadly, the result when any
practice is discouraged. Also termed chilling bidding;
chilling the bidding.
chilling the bidding.!. See CHILLING EFFECT. 2. See
CHILLING ASALE.
Chimel search. See protective search under SEARCH.
chimney money. See HEARTH MONEY (1).
Chinese Wall. See ETHICAL WALL.
CHINS. abbr. See child in need ofsupervision under
CHILD.
chirograph (kI-ril-graf), n. 1. Civil law. A handwritten
instrument. 2. A written deed, subscribed and wit
nessed. -Also termed cyrographum. 3. Such a deed
in two parts from a single original document separated
by an indented line through the word "chirographum,"
each party retaining one part. 4. Hist. FOOT OF TUE
FINE. -Also termed (in sense 4) cyrographarius.
chirographic, adj.
"Formerly, when deeds were more concise than at present,
it was usual to write both parts on the same piece of parch
ment, with some word or letters of the alphabet written
between them; through which the parchment was cut,
either in a straight or indented line, in such a manner as
to leave half the word on one part and half on the other.
Deeds thus made were denominated svngrapha by the
canonists; and with us chirographa, or handwritings." 2
Will


denominated svngrapha by the
canonists; and with us chirographa, or handwritings." 2
William Blackstone, Commentaries on the Laws ofEngland
! 295-96 (1766).
chirographer offines (kr -rahg-r.:l- filr). !fist. A Court of
Common Pleas officer who engrossed court-ordered
fines and delivered indentures ofthe fines to the parties.
See INDENTURE OF AFINE.
"Chirographer offvnes . .. signifieth in our common lawe,
him in the common bench office, that ingrosseth fines in
that court acknowledged, into a perpetuall record, after
they be acknowledged, and fully passed by those officers,
by whome they are formerly examined; and that writeth
and delivereth the indentures of them unto the party. This

275 churning
officer also maketh two indentures, one for the buier, i chose in action. (l7c) 1. A proprietary right in personam,
another for the seller; and maketh one other indented
peece, containing also the effect of the fine, which he deliv
ereth over to the custos brevium, that is called the foote of
the fine." John Cowell, The Interpreter (1607).
chirographum (kr-rog-r;}-f"m). [Latin fro Greek] Roman
law. A handwritten document, usu. an undertaking or
acknowledgment of debt written in the debtor's own
hand. PL chirographa.
chit. (l8c) 1. A signed voucher for money received or
owed, usu. for food, drink, or the like. 2. A slip ofpaper
with writing on it.
chivage. See CHEVAGE.
chivalry (shiv-;}l-ree). (14c) Hist. Tenure held by knight
service; tenure in which a person held land in exchange
for military service of the highest order. See KNIGHT
SERVICE.
"Chivalry is a tenure of land by knight's service: for the
better understanding whereof it is to be known, that there
is no land but is held mediately or immediately of the crown
by some service or other; and therefore all our freeholds
that are to us and our heirs are called fees, as proceeding
from the bounty of the king for some small yearly rent,
and the performance of such services as originally were
imposed upon the land at the giving thereof .... And
these services are all by Littleton divided into two sorts,
chivalry and soccage: the one martial and military; the
other clownish and rustical." Termes de la Ley 83-84 (1 st
Am. ed. 1812).
choate (koh-it or -ayt), adj. (1878) 1. Complete in and
ofitself. 2. Having ripened or become perfected. Cf.
INCHOATE. -choateness, n.
choate lien. See LIEN.
choice. See FREEDOM OF CHOICE.
choice ofevils. See NECESSITY (1).
choice-of-evils defense. See lesser-evils defense under
DEFENSE (1).
choice-of-exclusive-forum clause. See FORUM-SELEC
. TION CLAUSE.
choice ofjurisdiction. Conflict oflaws. The choice ofthe
state (or country) that should exercise jurisdiction over
a case. [Cases: Action C=> 17.J
choice oflaw. (1900) The question of which jurisdiction's
law should apply in a given case. Cf. CONFLICT OF LAWS.
[Cases: Action C=' 17.)
choice-of-law clause. (1957) A contractual provision by
which the parties deSignate the jurisdiction whose law
will govern any disputes that may arise between the
parties. Cf. FORUM-SELECTION CLAUSE. [Cases: Con
tracts '::;:::'129(1).]
choice voting. See single transferable vote under VOTE
(1).
chop-shop, n. Criminal law. A garage where stolen auto
mobiles are dismantled so that their parts can be sold
separately. [Cases: Receiving Stolen Goods C=> 1.]
chorepiscopi. See SUFFRAGAN.
chose (shohz), n. [French] (l7c) A thing, whether tangible
or intangible; a personal article; a chatteL See THING. such as a debt owed by another person, a share in a
joint-stock company, or a claim for damages in tort.
[Cases: Property C=>5.5.] 2. The right to bring an
action to recover a debt, money. or thing. 3. Personal
property that one person owns but another person
possesses, the owner being able to regain possession
through a lawsuit. -Also termed thing in action.
"Chose, or, thing in action is, when a man hath cause. or
may bring an action for some duty due to him: as an action
of debt ... and because they are things whereof a man is
not possessed, but for recovery of them is driven to his
action, they are called things in action." Termes de la Ley
85 (1st Am. ed. 1812).
"The term chose in action has been in common use for
a long time, but some doubts have been recently raised
as to its precise meaning. (See Law Quarterly Review for
1893. 1894, 1895.) A Divisional Court, however, has now
given us the following definition: "'chose in action" IS a
known legal expression used to describe all personal
rights of property which can only be claimed or enforced
by action, and not by taking physical possession.' Torking
ton v. Magee, [1902] 2 K.B. p. 430. The phrase 'rights of
property' does not seem a very happy one, but it is quite
clear that the court meant to include under the term chose
in action rights under a contract and rights of action arising
from breach of contract." William R. Anson, Principles of
the Law of Contract 362 n.(b) (Arthur L. Corbin ed., 3d
Am. ed. 1919).
chose in possession. Personal property for which title
and possession unite in the same person. Also
termed thing in possession.
chose local. A fixed chattel.
chose transitory. A movable chattel.
christian ita tis curia (kris-tee-an-;}-tay-tis kyoor-ee-a).
[Latin "Christian court"] See ecclesiastical court (2)
under COURT.
Christian name. See personal name under NAME.
church court. See ecclesiastical court under COURT.
church law. See CANON LAW (2).
church rates. Hist. Eccles. law. A tax levied on parishio
ners by churchwardens and other representatives of the
parish to raise funds for the repair and maintenance of
the parish church . The power to set and collect such
taxes was abolished in England in 1868.
churl (chari). See CEORL.
churn, burn, and bury, vb. (Of a stockbroker) to make
numerous risky trades in (an account) and, as a result,
squander the customer's money . The term denotes the
action involved in particularly reckless churning.
churning, n. (1953) 1. Securities. A stockbroker's exces
sive trading ofa customer's account to earn more com
missions rather than to further the customer's interests;
an abuse of a customer's confidence for personal gain
by frequent and numerous transactions, disproportion
ate to the size and nature ofthe customer's account .
Under securities laws, the practice is illegal a viola
tion of lO(b) ofthe Exchange Act (15 USCA  78j(b.
But because the fraud is the activity as a whole and
there is no communication between the broker and
the customer about a specific sale of securities, there

CIA 276
is not normally a right of action for fraud based on
churning. [Cases: Brokers Securities Regulation
C:=>60.32(3).] 2. Tax. A transfer of property that does
not result in a significant change ofownership or use
of the property, usu. to make the property eligible for
amortization or a more favorable method ofdeprecia
tion. See ANTICHURNING RULE. churn, vb.
CIA. abbr. (1951) CENTRAL INTELLIGENCE AGENCY.
CID. abbr. CIVIL INVESTIGATIVE DEMAND.
CIF. abbr. COST, INSURANCE, AND FREIGHT.
CIF destination. See COST, INSURANCE, AND FREIGHT.
CIF pla<:e of destination. See ClF destination under
COST, INSURANCE, AND FREIGHT.
Cinque Ports (singk ports). (17c) [Fr. "five ports"] The
five English ports -Hastings, Romney, Hythe, Dover,
and Sandwich -that were important defenses against
French invasion . They received special privileges and
were obliged to furnish a certain number ofships for
use in war. See COURT OF SHEPWAY.
"Cinque ports ... are those special havens that lie towards
France, and therefore have been thought by out kings to be
such as ought most vigilantly to be proserved [sic] against
invasion. In which respect they have a special Governor
or Keeper, called by his office, Lord Warden of the Cinque
Ports." Thomas Blount, NomoLexicon [n.p.] (1670).
"[M]ost of the seaport towns, or at least the more important
ones, had local, as distinguished from national or centrally
controlled, courts with jurisdiction over the administration
of the local sea law. Among these ports was one group
which was particularly notable, called the Cinque Ports, or
Five Ports~'cinque' being the French word for five. These
five ports were of particular importance as naval bases
because of their nearness to the continent. In exchange for
special naval assistance to the king in time ofwar, they were
not only permitted to acquire but also to keep a position of
special importance in the field of maritime law, and with
it a considerable measure of local, independent jurisdic
tion, which served as a reminder in later centuries of the
original local character of English admiralty jurisdiction."
Charles Herman Kinnane, A First Book on Anglo-American
Law 362 (2d ed. 1952).
CIO. abbr. 1. The Congress ofIndustrial Organizations,
which merged with the AFL in 1955. See AMERICAN
FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL
ORGANIZATIONS. 2. CHIEF INFORMATION OFFICER.
CIP. abbr. 1. CONTINUATION-IN-PART. 2. CARRIAGE AND
INSURANCE PAID TO.
cippi (sip-I). [Law Latin] Hist. See STOCKS.
circa (s<lr-ka), prep. [Latin] (1861) About or around (a
date, esp. an ancient one); approximately <the book was
written circa 1938-1941>. -Abbr. ca.; c.
circle conspiracy. See wheel conspiracy under CONSPIR
ACY.
circuit, n. (I5c) 1. A judicial division in which hearings
occur at several locations, as a result ofwhich judges
often travel to different locations. [Cases: Courts (::::-::
45.] 2. A judicial division of the United States -that
is, one of the 13 circuits into which the U.S. courts of
appeals are organized. 28 USCA  41.
circuit court. See COURT. circuit executive. The chief executive officer ofa federal
judicial circuit responsible for daily administration of
the courts. The circuit executive is the highest-rank
ing nonjudicial officer within a circuit. [Cases: Courts
(>~55.]
circuit judge. See JUDGE.
circuit justice. See JUSTICE (2).
circuit mediator. An attorney-employee ofa U.S. court
of appeals who mediates civil cases, usu. before oral
argument. Also termed preargument-conference
attorney; settlement counsel. lCases: Alternative Dispute
Resolution C:=>470.]
circuit-riding, n. Hist. The practice of a judge's travel
ing within a legislatively defined circuit to hear cases
in one place for a time, then another, and so on. The
American practice of circuit-riding was based on the
English eyre system, in which justices rode between
the shire towns to hold assizes. See circuit-ridingjustice
under JUSTICE (2).
"The Judiciary Act of 1789 required that the justices of the
Supreme Court serve also as judges of the circuit courts.
Thejustices complained that circuit riding caused serious
physical hardships and diverted them from more impor
tant duties in the nation's capital. ... Congress in 1801
abolished circuit riding on grounds of efficiency, but a year
later a new Jeffersonian Republican majority restored the
practice, obliging each justice to hold circuit court along
with a district judge. Gradually, however, improved commu
nications, increasing business in the nation's capital, and
the strengthening of American nationhood following the
Civil War rendered circuit riding anachronistic. Congress
in the Judiciary Act of 1869 established a separate circuit
court judiciary, although the justices retained nominal
circuit riding duties until the Circuit Court of Appeals Act
of 1891. Congress officially ended the practice in 1911."
The Oxford Companion to the Supreme Court ofthe United
States 145 (Kermit L. Hall ed., 1992).
circuit-riding justice. See JUSTICE (2).
circuity of action. (17c) A procedure allowing dupli
cative lawsuits, leading to unnecessarily lengthy and
indirect litigation, as when a defendant fails to bring
a counterclaim, but later brings a separate action to
recover what could have been awarded in the original
lawsuit. _ Civil-procedure rules have eliminated many
problems associated with circuity of action. [Cases:
Equity C:=>52.]
"Circuity of action is, when an action is rightfully brought
for a duty, but yet about the bush, as it were, for that it
might as well have been otherwise answered and deter
mined, and the suit saved: and because the same action
was more than needful, it is called circuity of action."
Termes de la Ley 87 (1 st Am. ed.