execution and republication revive and
renew the will." 1 H.C. Underhill, A Treatise an the Law of
Wills  7, at 11 (1900).
codicillary (kod-a-sil-a-ree), adj. Of or relating to a
codiciL
codicillus (kod-d-sil-as), n. [Latin "little document"]
Roman law. 1. An informal document instructing
an heir to carry out a certain performance, usu. the
payment of money or the transfer ofproperty to a third
person. -During the reign of Augustus (27 B.C.-A.D.
14), directives (fideicommissa) contained in codicilli
became legally binding. See FIDEICOMMISSUM. 2. An
imperially granted appointment or special privilege.
codification (kod-a-fi-kay-sh;m), n. (1817) 1. The process
ofcompiling, arranging, and systematizing the laws of
a given jurisdiction, or of a discrete branch of the law, into an ordered code. 2. The code that results from this
process. (Cases: Statutes C::.) 144-148, 231.J -codify
(kod-a-fI), vb. codifier (kod-a-fI-ar), n.
codifying statute. See STATUTE.
Coefficient Clause. See NECESSARY AND PROPER
CLAUSE.
coemptio (koh-emp-shee-oh), n. [Latin] Roman law.
A form of civil marriage in which the husband "pur
chased" from a woman's father by fictitious sale
the right to exercise marital power (manus) over the
woman . The father conveyed his daughter to her
husband through the technical procedure of a sale
of res mancipi. The imaginary sale took place in the
presence of five adult Roman citizens and a balance
holder (libripens). The husband or fictitious purchaser
was termed the coemptionator or coemptioner. Ihe
importance ofcoemptio as a method of civil marriage
had faded by the end of the Republic period. Cf. CON
FARREATIO; usus (3). PI. coemptiones (koh-emp-shee
oh-neez).
coemption (koh-emp-sh;m), n. (14c) 1. The act of pur
chasing the entire quantity of any commodity. 2.
COEMPTIO. coemptional, coemptive, adj.
coerce (koh-<Jrs), vb_ To compel by force or threat <coerce
a confession>.
coerced-compliant confession. See CONFESSION.
coerced-compliant false confession. See coerced-com
pliant confession under CONFESSION.
coerced confession. See CONFESSION.
coercion (koh-<Jr-zhan), n. (ISc) 1. CompulSion by
physical force or threat of physical force . An act
that must be voluntary, such as signing a will, is not
legally valid if done under coercion. And since a valid
marriage reqUires voluntary consent, coercion or duress
is grounds for invalidating a marriage.
criminal coercion. Coercion intended to restrict anoth
er's freedom ofaction by: (1) threatening to commit
a criminal act against that person; (2) threatening to
accuse that person of having committed a criminal
act; (3) threatening to expose a secret that either would
subject the victim to hatred, contempt, or ridicule or
would impair the victim's credit or goodwill, or (4)
taking or withholding official action or causing an
official to take or withhold action. [Cases: Extortion
and Threats C=> 1,25.1.]
implied coercion. See UNDUE INFLUENCE (1).
moral coercion. See UNDUE INFLUE:-ICE (1).
2. Conduct that constitutes the improper use of
economic power to compel another to submit to the
wishes of one who wields it. -Also termed economic
coercion. 3. Hist. A husband's actual or supposed control
or influence over his wife's actions . Under the com
mon-law doctrine ofcoercion, a wife who committed a
crime in her husband's presence was presumed to have
been coerced by him and thus had a complete defense.
Courts have abolished this doctrine. Also termed
doctrine ofcoercion. -coercive, adj. coercer, n.

295
"Although as an abstract statement any action or restraint
imposed upon one by another may be spoken of as
coercion, there has been a tendency in the criminal law to
employ the word 'compulsion' for the general field and to
reserve the word 'coercion' to indicate the exercise of such
influence (actual or presumed) over a married woman by
her husband. And since the latter is not merely a specific
instance of the former, but is something which differs
from it in kind so far as common-law consequences are
concerned, there are important reasons for retaining this
difference in the meaning to be assigned to these terms."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1018
(3d ed. 1982).
coercive relief. See RELIEF.
coexecutodkoh-eg-zek-p-t;}r). See joint executor under
EXECUTOR.
coexistence. Int'llaw. The peaceful continuation of
nations, peoples, or other entities or groups within an
effective political-military equilibrium.
coexisting motion. See MOTION (2).
cogent (koh-j;}nt), adj. (l7c) Compelling or convincing
<cogent reasoning>. -cogency, n.
cognate, See COGNATIC.
cognate, n. (ISc) One who is kin to another. -In Roman
law, the term means a blood relationship and implies
that the kinship derives from a lawful marriage. In
Scots and later civil law, the term implies kinship from
the mother's side. Cf. AGNATE.
cognate nuisance. See NUISANCE.
cognate offense. See OFFENSE (1).
cognati. See COGNATUS.
cognatic (kog-nat-ik), adj. (18c) (Of a relationship)
existing between cognates. -Also termed cognate.
cognatio (kog-nay-shee-oh), n. [Latin] Roman law.
The relationship between people having a common
ancestor; a blood relationship; cognates. Cf. AGNATIO.
cognation (kog-nay-sh.m), n. (14c) 1. Relationship by
blood rather than by marriage; relationship arising
through common descent from the same man and
woman, whether the descent is traced through males
or females.
'''Cognation' is ... a relative term, and the degree of con
nexion in blood which it indicates depends on the par
ticular marriage which is selected as the commencement
of the calculation." Henry S. Maine, Ancient Law 122 (17th
ed. 1901).
2. Civil law. A relationship existing between two people
by blood, by family, or by both.
civil cognation. A relationship arising by law, such as
that created by adoption.
mixed cognation. A relationship that combines the ties
of blood and family, such as that existing between
brothers who are born of the same marriage.
natural cognation. A blood relationship, usu. arising
from an illicit connection.
3. Relationship between persons or things ofthe same
or similar nature; likeness. cognizable
cognatus (kog-nay-t;}s), n. & adj. [Latin] Roman law.
A cognatic relative; a person related to another by
a common ancestor. Also termed cognate. Cf.
AGNATUS. Pl. cognati.
cognitio (kog-nish-ee-oh), n. [fro Latin cognoscere "to
know"] 1. Hist. The acknowledgment of a fine, or the
certificate of such an acknowledgment. 2. Roman law.
See COGNITIO EXTRAORDINARIA. PI. cognitiones (kog
nish-ee-oh-neez).
cognitio extraordinaria (kog-nish-ee-oh ek-stror-di
nair-ee-;} or ek-str;}-or-). [Latin] Roman law. A type
of legal proceeding, ariSing at the beginning of the
Empire, in which a government official controlled the
conduct of a trial from beginning to end, as opposed
to the earlier formulary system in which a magistrate
shaped the issues and then turned the issues of fact and
law over to a lay judge (a judex). -Sometimes short
ened to cognitio. Also termed cogl1itio extra ordinem
(kog-nish-ee-oh ek-str;) or-d;}-n;}m).
'The cognitio extra ordinem or cognitio extraordinaria is
a collective name for all those legal procedures in which
the trial consists of one stage only and in which judgment
is given by the emperor or by an imperial official acting
on behalf of the emperor. The disputes that were settled
by means of the cognition procedure could be of very dif
ferent kinds: not only could they be about matters con
cerning private law and criminal law, but they could also
be disputes between citizens and government officials."
Olga TeliegenCouperus, A Short History of Roman Law
90 (1993).
cognitionibus mittendis (kog-nish-ee-oh-n;)-b;)s mi
ten-dis). [Latin "cognizance of pleas to be released"]
Hist. A writ ordering a justice ofthe Common Pleas to
certify a fine that the justice had imposed but refused
to certify.
cognition is causa tantum (kog-nish-ee-oh-nis kaw-z;)
tan-tam). [Latin "for the purpose ofascertaining a debt
against the estate"] Scots law. A creditor's action against
a deceased debtor's estate to ascertain the amount of
the debt.
cognitive test. (1955) Criminal law. A test of the defen
dant's ability to know certain things, specifically the
nature of his or her conduct and whether the conduct
was right or wrong. _ This test is used in assessing
whether a defendant may rely on an insanity defense.
[Cases: Criminal Law GA8.]
cognitor (kog-ni-tor), n. Roman law. A person formally
appointed to represent another in a civil trial. Cf. PROC
URATOR (1).
cognizable (kog-ni- or kog-nI-z;}-b;}l), adj. (l7c) 1.
Capable of being known or recognized <for purposes of
establishing standing, a plaintiff must allege a judicially
cognizable injury>. 2. Capable of being identified as a
group because of a common characteristic or interest
that cannot be represented by others <American
Indians qualify as a cognizable group for jury-selec
tion purposes>. 3. Capable of being judicially tried
or examined before a designated tribunal; within the
court's jurisdiction <the tort claims are not cognizable
under the consumer-protection statute>.

296 cognizance
cognizance (kog-ni-zans), n. (14c) 1. A court's right
and power to try and to determine cases; JURISDIC
TION. [Cases: Courts <):::;;2.] 2. The taking ofjudicial
or authoritative notice. [Cases: Criminal Law <):::;;304;
Evidence G:: 1.] 3. Acknowledgment or admission ofan
alleged fact; esp. (hist.), acknowledgment of a fine. See
FINE (1); FINE SUR COGNIZANCE DE DROIT. 4. Common
law pleading. In a replevin action, a plea by the defen
dant that the goods are held in bailment for another.
Cf. AVOWRY. [Cases: Replevin
cognizee (kog-ni-zee). (16c) Hist. The grantee ofland in
a conveyance by fine. -Also termed conusee; conuzee.
See FINE.(l).
cognizor (kog-ni-zar aT -zor). (16c) Hist. The grantor of
land in a conveyance by fine. Also termed conusor;
conUZOT. See FINE (1).
"Next comes the concord, or agreement itself, after leave
obtained from the court; which is usually an acknowledg
ment ... that the lands in question are the right of the com
plainant. And from this acknowledgment, or recognition of
right, the party levying the fine is called the cognizoy, and
he to whom it is levied the cognizee." 2 William Blackstone.
Commentaries on the Laws ofEngland 350-51 (1766).
cognovit (kog-noh-vit). (18c) [Latin "he has conceded
(a debt or an action)"] An acknowled nt ofdebt
or liability in the form of a confes judgment.
Formerly, credit contracts often included a cognovit
clause in which the consumer relinquished, in advance.
any right to be notified of court hearings in any suit
for nonpayment -but such clauses are now generally
illegal. See CONFESSION OF JUDGMENT. Cf. WARRANT OF
ATTORNEY. [Cases: Federal Civil Procedure
Judgment <):::;;54.]
"A cognovit is an instrument signed by a defendant In
an action actually commenced confessing the plaintiff's
demand to be just and empowering the plaintiff to sign
judgment against him in default of his paying the plain
tiffthe sum due to him within the time mentioned in the
cognovit." John Indermaur, Principles of the Common Law
8 (Edmund H. Bennett ed., 1 st Am. ed. 1878).
cognovit actionem (kog-noh-vit ak-shee-oh-nam). [Law
Latin "he has confessed the action"] A defendant's
written acknowledgment ofthe plaintiff's claim, autho
rizing the plaintiff to take a judgment for a named sum;
a cognovit.
cognovit clause. (1925) A contractual provision by
which a debtor agrees to jurisdiction in certain courts,
waives notice requirements, and authorizes the entry
of an adverse judgment in the event of a default or
breach. Cognovit clauses are outlawed or restricted in
most states. [C


in the event of a default or
breach. Cognovit clauses are outlawed or restricted in
most states. [Cases: Federal Civil Procedure <):::;;2396;
Judgment ("';=54.J
cognovit judgment. See JUDGMENT.
cognovit note. A promissory note containing a cognovit
clause. -Also termed judgment note. [Cases: Federal
Civil Procedure (;:::2396; Judgment <):::;;54.]
COGSA. 1. abbr. CARRIAGE OF GOODS BY SEA ACT. 2.
Maritime law. A country's enactment of the interna
tional convention popularly known as the Hague Rules.
 The acronym is used even when the country's statute has a different title; for example, the Canadian Carriage
ofGoods by Water Act is referred to as the "Canadian
COGSA." [Cases: Shipping <):::;; 103.]
cohabitation (koh-hab-a-tay-sh;m), n. (I5c) The fact or
state ofliving together, esp. as partners in life, usu. with
the suggestion ofsexual relations. [Cases: Marriage <):::;;
13,22.] cohabit (koh-hab-it), vb. -cohabitative
(koh-hab-a-tay-tiv), adj. -cohabitant (koh-hab-a
tant), n. cohabitor (koh-hab-a-tar), n.
illicit cohabitation. (18c) 1. The offense committed by
an unmarried man and woman who live together as
husband and wife and engage in sexual intercourse .
This offense, where it still exists, is seldom prosecuted.
2. The condition ofa man and a woman who are not
married to one another and live together in circum
stances that make the arrangement questionable on
grounds of social propriety, though not necessarily
illegaL Also termed lascivious cohabitation; lewd
and lascivious cohabitation. Cf. FORNICATION. [Cases:
Criminal Law (;:::45.40; Lewdness L]
lascivious cohabitation. See illicit cohabitation.
matrimonial cohabitation. The living together of
husband and wife.
notorious cohabitation. (18c) Archaic. Illicit cohabi
tation in which the parties make no attempt to hide
their living arrangements. Also termed open and
notorious cohabitation. See illicit cohabition. [Cases:
Lewdness
cohabitation agreement. A contract outlining the
property and financial arrangements between persons
who live together. Also termed living-together agree
ment. Cf. PRENUPTIAL AGREEMENT. [Cases: Marriage
cohabiting unmarried person of the opposite sex. See
cUPos.
Cohan rule (koh-han). Tax. A former rule that a taxpayer
may approximate travel and entertainment expenses
when no records exist if the taxpayer has taken all
possible steps to provide documentation . Since 1962,
travel and entertainment expenses have been only
partly deductible and must be carefully documented,
but courts may apply the Cohan reasoning to other
items. Cohan v. Commissioner, 39 F.2d 540 (2d Cir.
1930). [Cases: Internal Revenue 4536.]
coheir (koh-air). See HEIR.
coheiress (koh-air-is). Hist. A female coheir.
Cohen doctrine (koh-;:m). See COLLATERAL-ORDER
DOCTRINE.
coheres (koh-heer-eez), n. Roman law. A coheir. PI.
coheredes (koh-heer-a-deez).
cohort analysis (koh-hort). (1954) A method of mea
suring discrimination in the workplace by comparing,
at several points in time, the pay and promotions of
employees of different cognizable groups. Cohort
analyses are often used in employment -discrimination
cases. [Cases: Civil Rights (';::;::> 1543.]

coif (koyf). (l4c) Hist. 1. A white linen headpiece formerly
worn by serjeants at law (barristers ofhigh standing) in
common-law courts. 2. The rank or order of serjeants
at law. See ORDER OF THE COIF.
Coinage Clause. (1863) The provision in the U.S. Consti
tution (art. 1,  8, cl. 5) granting to Congress the power
to coin money. [Cases: United States (,'::::;::34.]
coincident indicator. See INDICATOR.
coindictee. One of two or more persons who have been
jointly indicted. See joint indictment under INDICT
MENT.
coined mark. See fanciful trademark under TRADE
MARK.
coined-name claim. See PATENT CLAIM.
coined term. See fanciful trademark under TRADE
MARK.
coined trademark. Seefanciful trademark under TRADE
MARK.
coinsurance. See INSURANCE.
coinsurance clause. A provision in an insurance policy
requiring a property owner to carry separate insurance
up to an amount stated in the policy to qualify for full
coverage. -Also termed contribution clause. [Cases:
Insurance G-~2170.1
coinsurer. An insurer who shares losses sustained under
an insurance policy. See coinsurance under INSURANCE.
[Cases: Insurance (;::::'~2285.]
cojudices. Archaic. In England, associate judges.
COLA. abbr. COST-OF-LIVING ADJUSTMENT.
cold bench. See BENCH.
cold blood. (l8c) A killer's state of mind when commit
ting a willful and premeditated homicide <a shooting in
cold blood>. See COOL BLOOD. cr. HEAT OF PASSION.
cold check. See bad check under CHECK.
cold-comfort letter. See COMFORT LETTER (1).
cold-water ordeal. See ordeal by water (1) under
ORDEAL.
colegatee (koh-Ie-ga-tee). A joint legatee; one of two or
more persons who receive a legacy under a wilL Cf.
LEGATEE. [Cases: Wills C=>708-872.]
COLI. See corporate-owned life insurance under LIFE
INSURANCE.
colibertus (kol-i-b3r-tas). [Law Latin] Hist. A serf in
free socage; that is, a serf who is nominally freed but is
still subject to certain servile conditions . A coliber
tus occupied a position in society between servile and
free tenants. Also spelled collibertus. PI. coliberti.
See SOCAGE.
collaborative divorce. See DIVORCE.
collaborative law. A dispute-resolution method by which
parties and their attorneys settle disputes using non
adversarial techniques to reach a binding agreement,
with the understanding that ifthe parties cannot agree
and choose to litigate instead, the attorneys involved in the negotiations will be disqualified from representing
them any further. Cf. COOPERATIVE LAW; MEDIATION
(1).
collapsible corporation. See CORPORATION.
collapsible partnership. See PARTNERSHIP.
collar, n. The minimum and maximum price or ratio
for a transaction.
collate (b-layt), vb. Civil law. To return (inherited
property) to an estate for division <the grandchildren
collated the property they had received>. [Cases: Exec
utors and Administrators
collateral (ka-Iat-3r-dl), adj. 1. Supplementary; accom
panying, but secondary and subordinate to <whether
the accident victim was wearing a seat belt is a collateral
issue>. 2. Not direct in line, but on a parallel or diverg
ing line of descent; of or relating to persons who are
related by blood but are neither ancestors nor descen
dants <an uncle is in a collateral, not a direct, line>. Cf.
LINEAL. -collaterality (ka-lat-ar-al-d-tee), n.
collateral (ka-Iat-3r-al), n. (17c) 1. A person collaterally
related to a decedent. [Cases: Descent and Distribu
tion C-..37; Wills 2. Property that is pledged
as security against a the property subject to a
security interest or agricultural lien. See UCC  9-102(a)
(12). -Also termed (in sense 2) collateral security.
[Cases: Secured Transactions 115.]
as-extracted collateral. 1. Oil, gas, or other minerals
that are subject to a security interest that is created
by a debtor haVing an interest in the minerals before
extraction and that attaches to the minerals as they
are extracted. UCC 9-102(a)(6)(A). 2. An account
arising out ofthe sale at the wellhead or minehead of
oil, gas, or other minerals in which the debtor had an
interest before extraction. VCC 9-102(a)(6)(B).
cash collateral. Collateral consisting of cash, nego
tiable instruments, documents of title, securities,
deposit accounts, or other cash equivalents. 11 USCA
 363(a).
cross-collateral. 1. Security given by all parties to a
contract. 2. Bankruptcy. Bargained-for security that
in addition to protecting a creditor's postpetition
extension ofcredit protects the creditor's prepetition
unsecured claims, which, as a result ofsuch security,
obtain priority over other creditors' prepetition unse
cured claims. Some courts allow this procedure,
which is known as cross-collateralization. [Cases:
Bankruptcy C=> 3037.]
collateral act. Any act (usu. excluding the payment of
money) for which a bond or recognizance is given as
security.
collateral affinity. See AFFINITY.
collateral-agreement doctrine. See COLLATERAL-CON
TRACT DOCTRINE.
collateral ancestor. See collateral ascendant under
ASCENDANT.
collateral ascendant. See ASCENDANT.

298 collateral assignee
collateral assignee. See ASSIGNEE.
collateral assignment. See ASSIGNMENT (2).
collateral assurance. See ASSURANCE.
collateral attack. (1833) An attack on a judgment in a
proceeding other than a direct appeal; esp., an attempt
to undermine a judgment through a judicial proceed
ing in which the ground of the proceeding (or a defense
in the proceeding) is that the judgment is ineffective.
Typically a collateral attack is made against a point of
procedure or another matter not necessarily apparent
in the record, as opposed to a direct attack on the merits
exclusively. A petition for a writ ofhabeas corpus is one
type ofcollateral attack. Also termed indirect attack.
Cf. DIRECT ATTACK (1). [Cases: Criminal Law 0:='1407;
Habeas Corpus 0:='203; Judgment
collateral-benefit rule. See COLLATERAL-SOURCE
RULE.
collateral condition. See CONDITION (2).
collateral consanguinity. See CONSANGUINITY.
collateral consequence. A penalty for committing
a crime, in addition to the penalties included in the
criminal sentence . An example is the loss of a pro
fessionallicense. When a collateral consequence exists,
a defendant's appeal of a conviction does not become
moot when the criminal sentence is completed.
collateral contract. See CONTRACT.
collateral-contract doctrine. (1947) The principle that
in a dispute concerning a written contract, proof of
a second (usu. oral) agreement will not be excluded
under the parol-evidence rule if the oral agreement is
independent ofand not inconsistent with the written
contract, and if the information in the oral agreement
would not ordinarily be expected to be included in the
written contract. -Also termed collateral-agreement
doctrine. [Cases: Evidence ~440.]
collateral covenant. See COVENANT (1).
collateral defense. See DEFENSE (1).
collateral descendant. See DESCENDANT.
collateral descent. See DESCENT.
collateral estoppel (e-stop-JI). (1941) 1. The binding
effect of a judgment as to matters actually litigated
and determined in one action on later controversies
between the parties involving a different claim from
that on which the original judgment was based. 2.
A doctrine barring a party from relitigating an issue
determined against that party in an earlier action, even
if the second action differs Significantly from the first
one. -Also termed issue preclusion; issue estoppel;
direct estoppel; estoppel byjudgment; estoppel by record;
estoppel by verdict; cause-ai-action estoppel; technical
estoppel; estoppel per rem judicatam. Cf. RES JUDICATA.
[Cases: Judgment ~634, 713, 948(1).]
administrative collateral estoppel. Estoppel that arises
from a decision made by an agency acting in a judicial
capacity. [Cases: Administrative Law and Procedure
(;:::::;501.] defensive collateral estoppel. (1968) Estoppel asserted
by a defendant to prevent a plaintiff from relitigat
ing an issue previously decided against the plaintiff.
[Cases: Judgment ~632.]
nonmutual collateral estoppel. Estoppel asserted either
offensively or defenSively by a nonparty to an earlier
action to prevent a party to that earlier action from
relitigating an issue determined against it. [Cases:
Judgment C::'632.]
offensive collateral estoppel. (1964) Estoppel asserted
by a plaintiff to prevent a defendant from relitigating
an issue previously decided against the defendant.
[Cases: Judgment 0:='632.]
collateral fact. See FACT.
collateral fraud. See extrinsic fraud (1) under FRA


2.]
collateral fact. See FACT.
collateral fraud. See extrinsic fraud (1) under FRAUD.
collateral heir. See HEIR.
collateral-inheritance tax. See TAX.
collateral issue. See ISSUE (1).
collateralize (kJ-Iat-Jr-Jl-lZ), vb. (1941) 1. To serve as
collateral for <the purchased property collateralized
the loan agreement>. 2. To make (a loan) secure with
collateral <the creditor insisted that the loan be collat
eralized>. [Cases: Secured Transactions 1.] col
lateralization (b-Iat-Jr-al-J-zay-shan), n.
collateralized mortgage obligation. Securities. A bond
secured by a group ofmortgage obligations or pass
through securities and paid according to the payment
schedule ofits class (or tranche).  CMOs are issued by
the Federal Home Loan Mortgage Corporation, and
benefit from predictable payments of interest and prin
cipal. -Abbr. CMO. See pass-through security under
SECURITY; TRANCHE.
collateral limitation. See LIMITATION.
collateral line. See LINE.
collateral loan. See secured loan under I.OAN.
collateral matter. (l7c) Evidence. Any matter on which
evidence could not have been introduced for a relevant
purpose. If a witness has erred in testifying about
a detail that is collateral to the relevant facts, then
another party cannot call witnesses to contradict that
point -cross-examination alone must suffice. Fed. R.
Evid. 608(b). [Cases: Evidence Witnesses
405.]
collateral mistake. See unessential mistake under
MISTAKE.
collateral mortgage. See MORTGAGE.
collateral negligence. See NEGLIGE:'>!CE.
collateral-negligence doctrine. (1941) The rule holding
that one who engages an independent contractor is
not liable for physical harm that the contractor causes
if (1) the contractor's negligence consists solely of the
improper manner in which the contractor's work is per
formed, (2) the risk of harm created is not normal to the
work, and (3) the employer had no reason to contem

299 collective-bargaining agreement
plate the contractor's negligence when the contract was
made. [Cases: Labor and Employment
collateral note. See secured note under NOTE (1).
collateral obligation. A liability undertaken by a person
who becomes bound for another's debt. -Also termed
accessorial obligation.
collateral-order doctrine. (1950) A doctrine alloWing
appeal from an interlocutory order that conclusively
determines an issue wholly separate from the merits
of the action and effectively unreviewable on appeal
from a final judgment. Also termed Cohen doctrine
(fr. Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541,
69 S.Ct. 1221 (1949. See appealable decision under
DECISION. [Cases: Appeal and Error Federal
Courts C=c572.l.J
collateral power. See POWER (5).
collateral proceeding. See PROCEEDING.
collateral promise. See PROMISE.
collateral relative. See RELATIVE.
collateral security. See SECURITY.
collateral-source rule. (1951) Torts. 'Ine doctrine that
if an injured party receives compensation for the
injuries from a source independent ofthe tortfeasor,
the payment should not be deducted from the damages
that the tortfeasor must pay . Insurance proceeds are
the most common collateral source. Also termed
collateral-benefit rule. [Cases: Damages
collateral trust bond. See BOND (3).
collateral trust certificate. See collateral trust bond (1)
under BO:-.rD (3).
collateral use. See USE (1).
collateral warranty. See WARRANTY (1).
collatio bonorum (kd-Iay-shee-oh bd-nor-dm). [Latin
"collation of goods"] Civil law. The bringing into
hotchpot ofgoods or money advanced by a parent to a
child, so that the parent's personal estate will be equally
distributed among the parent's children. PI. collationes
bonorum. See HOTCHPOT.
"[Ilf the estates so given them, by way of advancement,
are not quite equivalent to the other shares, the children
so advanced shall now have so much as will make them
equal. This just and equitable provision hath been also said
to be derived from the col/atio bonorum of the imperial
law: which it certainly resembles in some pOints, though it
differs widely in others. But it may not be amiss to observe,
that, with regard to goods and chattels, this is part of ...
the common law of England, under the name of hotchpot."
2 William Blackstone, Commentaries on the Laws ofEngland
516-17 (1766).
collation (b-Iay-sh,m), n. (14c) 1. The comparison ofa
copy with its original to ascertain its correctness; the
report ofthe officer who made the comparison. 2. The
taking into account ofthe value ofadvancements made
by an intestate to his or her children so that the estate
may be divided in accordance with the intestacy statute.
Cf. HOTCHPOT. [Cases: Descent and Distribution (;::::c
93-118.) 3. Eccles. law. The act (by a bishop) of confer
ring a benefice in which the bishop holds the right of advowson, thus combining the acts of presentation and
institution. Also termed collation to a benefice. See
advowson collative under ADVOWSON. collate (kd
layt), vb. collator (kd-lay-tdr), n.
collatione facta uni post mortem alterius (k<l-lay-shee
oh-nee fak-td yoo-m pohst mor-tdm al-teer-ee-ds [or
awl-]). [Law Latin "by collation to a benefice made to
one after the death ofthe other"] Hist. A writ directed to
the Court ofCommon Pleas, requesting that the court
order a bishop to appoint a clerk in place of another
who had died pending appointment.
collatione heremitagii (b-lay-shee-oh-nee her-d-md
tay-jee-I). [Law Latin "by collation ofhermitage"] Hist.
A writ by which the Crown conferred the keeping ofa
hermitage on a clerk.
collation to a benefice. See COLLATION.
collatio signorum (h-Iay-shee-oh sig-nor-dm). [Law
Latin "comparison ofsigns"] Hist. A method oftesting a
seal's genuineness by comparing it with another known
to be genuine.
collative fact. See investitive fact under FACT.
collectability. The ability ofa judgment creditor to make
a judgment debtor pay the amount ofthe judgment; the
degree to which a judgment can be satisfied through
collection efforts against the judgment debtor.
collecting bank. See BANK.
collection. Banking. The process through which an item
(such as a check) passes in a payor bank. See payor
bank under BANK. [Cases: Banks and Banking C:::::>
156-175.]
collection indorsement. See restrictive indorsement
under INDORSEME:-.rT.
collection item. An item (such as a documentary draft)
taken by a bank for a customer's account, but not
credited until payment for the item has actually been
received. See documentary draft under DRAFT. [Cases:
Banks and Banking (;=> 158, 161(1).]
collective bargaining. Negotiations between an
employer and the representatives oforganized employ
ees to determine the conditions ofemployment, such as
wages, hours, discipline, and fringe benefits. See CON
CESSION BARGAIN mG. [Cases: Labor and Employment
(;=>1100.]
"Collective bargaining means the joint determination by
employees and employers of the problems of the employ
ment relationship. Such problems include wage rates and
wage systems, hours and overtime, vacations, discipline,
work loads, classification of employees, layoffs, and worker
retirement. The advent of collective bargaining does not
give rise to these problems. Rather they are germane to the
industrial relations environment, and exist with or without
unionization." Benjamin J. Taylor & Fred Whitney, Labor
Relations Law 3 (1971).
collective-bargaining agreement. Labor law. A contract
between an employer and a labor union regulating
employment conditions, wages, benefits, and griev
ances. Abbr. CBA. -Also termed labor agree
ment; labor contract; union contract; collective-labor

agreement; trade agreement. [Cases: Labor and Employ
ment
collective-knowledge rule. See FELLOW-OFFICER RULE.
collective-labor agreement. See COLLECTIVE- BARGAIN
1NG AGREEMENT.
collective mark. See collective trademark under TRADE
MARK.
collective measure. lnt'llaw. An activity undertaken
by more than one country to achieve an agreed-upon
end. The countries involved may undertake a collec
tive measure either in an ad hoc manner or through an
institutionalized association.
collective punishment. (I872) A penalty inflicted on a
group ofpersons without regard to individual respon
sibility for the conduct giving rise to the penalty. Col
lective punishment was outlawed in 1949 by the Geneva
Convention.
collective trademark. See TRADEMARK.
collective work. See WORK (2).
collector of decedent's estate. A person temporar
ily appointed by a probate court to collect assets and
payments due to a decedent's estate, and to settle other
financial matters requiring immediate attention. A
collector is often appointed to look after an estate when
there is a will contest or a dispute about who should
be appointed administrator. The collector's duties end
when an executor or administrator is appointed. [Cases:
Executors and Administrators G=>22.]
collega (b-Iee-gd), n. [Latin] Roman law. A person
invested with joint authority; a colleague or associate.
 Collega usu. referred to a member ofan association
(collegium) or a coheir. See COLLEGIUM.
collegatarius (b-Ieg-;l-tair-ee-;ls), n. [Latin] Roman law.
A colegatee.
collegatary (k;l-leg-a-ter-ee). A colegatee; a person
who shares a common legacy with one or more other
persons. Also termed collegatarius (b-leg-a-ter
ee-as).
college. 1. An institution oflearning that offers instruc
tion in the liberal arts, humanities, and sciences, but
not in the technical arts or in studies preparatory to
admission to a profession. [Cases: Colleges and Uni
versities 2. An assembly ofpeople, established
by law or private agreement to perform some special
function or to promote some common purpose, usu.
ofan educational, political, ecclesiastical, or scientific
nature.
College ofAdvocates and Doctors ofLaw. See DOCTORS'
COMMONS.
College ofArms. See HERALDS' COLLEGE.
College ofJustice. Scots la w. The body ofjudges and
lawyers created in 1532 to constitute the Court of
Session, the superior civil court ofScotland.
collegium (kd-Iee-jee-;lm), n. [Latin] Roman law. An
association of at least three people having the right
to assemble and enact rules concerning membership, organization, and the rights and duties ofmembers.
Collegia were formed for profeSSional, cultural, chari
table, and religious purposes. PI. collegia.
collegium illicitum (b-Iee-jee-am i-lis-;l-t;lm). A col
legium that either is not sanctioned by law or assem
bes for some purpose other than that expressed in
its charter.
collegium licitum (b-Iee-jee-am lis-;l-t~m). An assem
blage ofpeople empowered to act as a juristic person
in the pursuit ofsome useful purpose or business.
collision. Maritime law. 1. The contact of two or more
moving vessels. [Cases: Collision 2. ALLISION.
collision insurance. See INSURANCE.
colliterales etsocii (b-lit-a-ray-Ieez et soh-shee-I). [Law
Latin "assistants and associates"] Hist. In England, the
former title of assistants to the Chancery judges (i.e.,
masters in chancery).
collobium (kd-Ioh-bee-~m). [Law Latin] Hist. A hood or
covering for the shoulders, formerly worn by serjeants
at-law.
colloquium (kd-Ioh-kwee-am). (17c) 1. The offer of
extrinsic evidence to show that an allegedly defama
tory statement referred to the plaintiff even though it
did not explicitly mention the plaintiff. [Cases: Libel
and Slander G=>82.] 2. The introductory averments in
a plaintiff's pleading setting out all the special circum
stances that make the challenged words defamatory.
Cf. INDUCEMENT (4); INNUENDO (2). [Cases: Libel and
Slander C=)82.] PI. colloquiums, colloquia.
colloquy (kol-a-kwee). (15c) Any formal discussion, such
as an oral exchange between a judge, the prosecutor,
the defense counsel, and a criminal defendant in which
the judge ascertains the defendant's understanding of
the proceedings and of the defendant's rights . This
discussion helps the court to determine the defendant's
ability to continue in the proceedings (esp. important
during a change-of-plea hearing).
collusion (b-Ioo-zh;ln), n. (14c) 1. An agreement to
defraud another or to do or obtain something forbid
den by law. [Cases: Fraud (;::;>30.] 2. As a defense to
divorce, an


den by law. [Cases: Fraud (;::;>30.] 2. As a defense to
divorce, an agreement between a husband and wife to
commit or to appear to commit an act that is grounds
for divorce . For example, before the advent ofno-fault
divorce, a husband and wife might agree to make it
appear that one ofthem had committed adultery. Cf.
CONNIVANCE (2); CONDONATION (2); RECRIMINATION
(1). collude, vb. -collusive, adj. coUuder, n.
tacit collusion. Antitrust. See CONSCIOUS PARALLEL
ISM.
collusive action. See ACTION.
collusive joinder. See JOINDER.
Collyer doctrine (kol-pr). Labor law. The principle
under which the National Labor Relations Board will
refer an issue brought before it to arbitration ifthe issue
is arbitrable under the collective-bargaining agreement.
Collyer Insulated Wire, 192 NLRB 837 (197l). Cf. SPIEL

301
BERG DOCTRINE. [Cases: Labor and Employment
1678(1).J
colonial law. 1. Law governing a colony or colonies. 2.
Ihe body oflaw in force in the 13 original U.S. colonies
before the Declaration ofIndependence.
colon-semicolon form. Patents. A style ofwriting patent
claims that uses a colon after the preamble and semico
lons between every two elements. Cf. OUTLINE FORM,
SINGLE-PARAGRAPH FORM; SUBPARAGRAPH FORM.
eolonus partiarius (ka-loh-n<ls pahr-shee-air-ee-<ls).
[Latin "tenant farmer sharing produce" or "a sharing
landholder"J Roman law. A farmer who gave a fixed
portion of the farm's produce as payment (instead of
money) to the landlord. Cf. SHARECROPPING.
colony, n. Int'llaw. 1. A dependent territorial entity
subject to the sovereignty of an independent country,
but considered part ofthat country for purposes ofrela
tions with third countries. 2. A group ofpeople who
live in a new territory but retain ties with their parent
country. 3. The territory inhabited by such a group. See
MOTHER COUNTRY. colonize, vb. -colonial, adj.
color, n. (13c) 1. Appearance, guise, or semblance; esp.,
the appearance of a legal claim to a right, authority,
or office <color of title> <under color of state law>. 2.
Common-law pleading. An apparent, but legally insuf
ficient, right or ground ofaction, admitted in a defen
dant's pleading to exist for the plaintiff; esp., a plaintiff's
apparent (and usu. false) right or title to property, the
existence of which is pleaded by the defendant and then
attacked as defective, as part ofa confession and avoid
ance to remove the case from the jury by turning the
issue from one offact to one of law. See GIVE COLOR.
[Cases: PleadingC--:>133.]
"It is a rule of pleading, that no man be allowed to plead
specially such a plea as amounts only to the general issue.
or a total denial of the charge; but in such case he shall
be driven to plead the general issue in terms, whereby the
whole question is referred to ajury. But if the defendant.
in an assise or action of trespass, be desirous to refer the
validity of his title to the court rather than the jury, he may
state his title specially, and at the same time give colour
to the plaintiff, or suppose him to have an appearance or
colour of title, bad indeed in point of law, but of which the
jury are not competent judges. As if his own true title be,
that he claims by feoffment with livery from A, by force
of which he entered on the lands in question, he cannot
plead this by itself, as it amounts to no more than the
general issue ... not guilty in an action of trespass. But
he may allege this speCially, provided he goes farther and
says, that the plaintiff claiming by colour of a prior deed of
feoffment, without livery. entered; upon whom he entered;
and may then refer himself to the judgment of the court
which of these two titles is the best in point of law." 3
William Blackstone, Commentaries on the Laws ofEngland
309 (1768).
express color. Hist. A defendant's admission that the
plaintiff has an apparent right to something coupled
with an assertion that the plaintiff's right is legally
inferior to the defendant's right to the same thing.
This pleading was typically used in cases of trespass
to land by making fictitious allegations that put
the plaintiff's ownership of the land in question.
For instance, the defendant would admit that the color book
plaintiff had shown apparent ownership ofthe land
by possessing it but then claim that the plaintiff's title
was somehow defective, so that the plaintiff did not
actually own the land. This pleading was abolished
by the Common-Law Procedure Act of 1852, 15 & 16
Viet., ch. 76,  64.
"Express color is a fictitious allegation, not traversable, to
give an appearance of right to the plaintiff, and thus enable
the defendant to plead specially his own title, which would
otherwise amount to the general issue. It is a licensed
evasion of the rule against pleading contradictory matter
specially." Benjamin J. Shipman, Handbook ofCommon-Law
Pleading  202, at 351 (Henry Winthrop Ballantine ed., 3d
ed. 1923).
implied color. L A defendant's tacit admission of a
plaintiff's prima facie case by failing to deny it. 2. An
apparent ground ofaction that arises from the nature
ofthe defense, as when the defense consists ofa con
fession and avoidance in which the defendant admits
the facts but denies their legal sufficiency . This is a
quality inherent in all pleadings in confession and
avoidance.
colorable, adj. (14c) 1. (Ofa claim or action) appearing
to be true, valid, or right <the pleading did not state a
colorable claim>. 2. Intended to deceive; counterfeit
<the court found the conveyance of exempt property
to be a colorable transfer, and so set it aside>.
colorable alteration. Intellectual property. A modifica
tion that effects no real or substantial change, but is
made only to distinguish an invention or work from
an existing patent or copyright; a small change made
in a product or process solely to avoid literal infringe
ment ofan earlier patent's claim. Also termed color
able deviation. [Cases: Patents Copyrights and
Intellectual Property
colorable claim. See CLAIM (4).
colorable deviation. See COLORABLE ALTERATION.
colorable imitation. Trademarks. Any mark, whether
or not created with an intent to deceive, whose resem
blance to a registered mark is likely to cause confusion
or mistake. See SIMILARITY. [Cases: Trademarks
1080.]
colorable-imitation test. Trademarks. A test for a trade
mark violation in which a court determines whether
an ordinary person who is not allowed to compare the
two items side by side could recognize the difference
between the two. [Cases: Trademarks C=>1097.]
colorable transaction. See TRANSACTION.
colorable transfer. See TRANSFER.
Colorado Air Force School. See UNITED STATES AIR
FORCE ACADEMY.
Colorado River abstention. See ABSTENTION.
color book. Archaic. Int'llaw. An official compilation of
diplomatic documents and internal papers and reports
of a government, the purpose of which is to inform
the legislature and the public about foreign policy,
esp. during foreign crises . Color books reached their

302 c%re officii
height ofpopularity in the late 19th and early 20th cen
turies. They are now little used in most countries.
colore officii (k;l-lor-ee ;:dish-ee-I), [Latin "by color of
office"] See COLOR OF OFFICE.
color ofapparent organization. The appearance ofcor
porate authority, including the assumption and exercise
ofcorporate functions in good faith, even though the
corporation's organizers did not fully or substantially
comply with the terms of the corporate charter or the
statutory requirements for incorporation. See de facto
corporation under CORPORATION. [Cases: Corporations
(:=>29(2).]
color of authority. The appearance or presumption of
authority sanctioning a public officer's actions . The
authority derives from the officer's apparent title to the
office or from a writ or other apparently valid process
the officer bears. [Cases: Officers and Public Employ
ees
color onaw. (17c) The appearance or semblance, without
the substance, ofa legal right . The term usu. implies a
misuse ofpower made possible because the wrongdoer
is clothed with the authority ofthe state. State action is
synonymous with color of[statellaw in the context of
federal civil-rights statutes or criminal law. See STATE
ACTION. [Cases: Civil Rights
color ofoffice. lhe authority or power that is inherent
in an office, esp. a public office . Acts taken under the
color ofan office are vested with, or appear to be vested
with, the authority entrusted to that office. [Cases:
Officers and Public Employees (.;:::,121.]
"The starting point in the law of bribery seems to have
been when a judge, for doing his office or acting under
color of his office, took a reward or fee from some person
who had occasion to come before him, -and apparently
guilt attached only to the judge himself and not to the
bribegiver." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 527 (3d ed. 1982).
color of process. 'Ihe appearance of validity and suf
ficiency surrounding a legal proceeding that is later
found to be invalid.
color of title. (18c) A written instrument or other
evidence that appears to establish title but does not in
fact do so. Also termed apparent title.
com. abbr. COMPANY.
comaker. One who participates jointly in borrow
ing money on a promissory note; esp., one who acts
as surety under a note if the maker defaults. -Also
termed COSigner. Cf. MAKER (2). [Cases: Bills and Notes
<8=)48, 118.1
combatant (k<lm-bahmt or kom-b<l-tflnt). (15c) Int'[
law. A person who participates directly in hostilities.
 "Legitimate" combatants are members of the armed
forces or uniformed members ofa militia or volunteer
corps, under military command and subject to the laws
ofwar. Cf. NONCOMBANT.
enemy combatant (bm-bat-<lnt). A combatant
captured and detained while serving in a hostile force
during open warfare . In general, the separationof-powers doctrine prevents a United States civilian
court from interfering with the military's handling
of enemy combatants, at least as long as the hostili
ties continue. An enemy combatant may be detained
without charges but has the right to contest the deten
tion. Rasul v. Bush, 542 U.S. 466,124 S.Ct. 2686 (2004).
United States citizenship does not prevent a person
from being designated an enemy combatant, but the
government must give a citizen-detainee notice ofthe
factual basis for the classification and a fair opportu
nity to rebut the factual assertions before a neutral
decision-maker. Hamdi v. Rumsfeld, 542V.s. 507, 124
S.Ct. 2633 (2004). War and National Emer
gency
combination. 1. An alliance of individuals or corpora
tions working together to accomplish a common (usu.
economic) goal. See COMBINATION IN RESTRAINT OF
TRADE. 2. CONSPIRACY. 3. STRADDLE. 4. Patents. A
union ofold and new elements in an invention. -The
term encompasses not only a combination ofmechani
cal elements but also a combination of substances in
a composition claim or steps in a process claim. Cf.
AGGREGATION. [Cases: Patents (:=>26.] 5. Patents. An
invention that uses two or more patented inventions to
make a distinct and useful third product.  In the past,
an inventor seeking a combination patent had to show
"synergism," a surprising result from the combination.
But the u.s. Court of Appeals for the Federal Circuit
ruled that the term "combination" has no legal effect,
because most inventions combine and build on existing
technology. Today there are no special rules for com
bination patents. 6. Patents. A union ofelements in an
invention that work together cooperatively to perform
a useful function; the opposite of an aggregation. Cf.
AGGREGATION.
exhausted combination. See old combination.
old combination. A combination in which an element
works in a different way but performs the same
function as the corresponding element in a previ
ously patented combination . The new element may
be patentable but the combination may not be. Also
termed exhausted combination. Patents C:::>
26(1.1).]
combination in restraint oftrade. Antitrust. An express
or tacit agreement between two or more persons or
entities designed to raise prices, reduce output, or
create a monopoly. -Also termed combine. [Cases:
Antitrust and Trade Regulation (:=>537.]
combination patent. See PATENT (3).
combine (kom-bm), n. See COMBINATION IN RESTRAINT
OF TRADE.
combined application. See TRADEMARK APPLICATION.
combined  8 and  15 affidavit. Trademarks. A sworn
statement that satisfies the requirements ofboth  8 and
 15 ofthe Lanham Act. -Sometimes shortened to  8
and  15 affidavit. -Also termed combined  8 and  15
declaration. See DECLARATION OF INCONTESTABILITY;

DECLARATION OF 'USE. [Cases: Trademarks
1304.]
combustio domorum


DECLARATION OF 'USE. [Cases: Trademarks
1304.]
combustio domorum (bm-bus-tee-oh da-mor-am).
[Latin "houses burning"] Hist. See HOUSEBURNING.
comes (koh-meez). [Latin] Hist. 1. A count or earl. 2.
A person who is part of a high government official's
retinue. PL comites. See COMITATUS.
comes and defends. Archaic. Traditionally, the standard
commencement of a defendant's plea or demurrer .
The phrase, now rarely used, announces the defendant's
appearance in court and intent to defend against the
action.
comes now. Archaic. Traditionally, the standard com
mencement in pleadings <Comes now the plaintiff,
Gilbert Lewis, by and through his attorneys of record,
and would show unto the court the following> . For a
plural subject, the phrase is come now <Come now the
plaintiffs, Bob and Louise Smith>. -Sometimes short
ened to comes <Comes the State ofTennessee>. -Also
termed now comes.
comfort letter. 1. Securities. A letter from a certified
public accountant certifying that no false or mislead
ing information has been used in preparing a financial
statement accompanying a securities offering . Such a
letter usu. has limited effect because the CPA ordinarily
attests to certain representations and warranties that
the issuer has authorized the CPA to rely on. -Also
termed cold-comfort letter. 2. Corporations. A letter,
esp. from a parent corporation on behalf of a subsid
iary, stating its support (but short of a guarantee) for
the activities and commitments of another corpora
tion. Also termed letter ofcomfort.
comfort opinion. See OPINION (2).
comingle, vb. See COMMINGLE.
comingling. See COMMINGLING.
coming-to-rest doctrine. Insurance. The principle that
coverage of shipped goods ends when the goods are
unloaded and any cables or other links to the trans
porting vehicle have been disconnected . The coming
to-rest doctrine covers only the movement of goods
from the shipping vehicle to a place of rest outside the
vehicle, in contrast to the broader coverage of the com
plete-operation rule. Cf. COMPLETE-OPERATION RULE.
[Cases: Insurance (:::>2137(3),2681.]
comitas (kom-<l-t<ls). [Latin "courtesy"] See COMITY.
comitas gentium. See COMITY.
comitas legum (kom-<l-tas lee-gam). [Law Latin] Hist.
Comity oflaws. See COMITY.
comitatu commisso (kom-a-tay-t[y]oo b-mis-oh).
[Latin "county commission"] Hist. A writ or commis
sion authorizing a sheriff to take charge of a county.
comitatu et castro commisso (kom-a-tay-t[y]oo et
kas-troh ka-mis-oh). [Latin "county and castle com
mission"] Hist. A writ authorizing a sheriff to take
charge of a county and a castle. comitatus (kom-<l-tay-t<ls). [Latin] Hist. 1. A county or
shire. See POSSE COMITATlTS. 2. The territorial iurisdic
tion of a count or earL 3. A county court. 4. 'Ihe retinue
accompanying a prince or high government official.
comites (kom-;l-teez). See COMES.
comites paleys (kom-a-teez-pa-lays). [Law French] lUst.
Counts or earls palatine; those who exercise royal privi
leges in a county palatine. See COUNTY PALATINE.
comitia (ka-mish-ee-a), n. [Latin "assembly"] Roman
law. An assembly of the Roman people, gathered
together for legislative or judicial purposes . Women
were excluded from participation.
comitia centuriata (ka-mish-ee-a sen-tyoor-ee-ay-ta).
(often cap.) An assembly of the entire populace, voting
by centuries (that is, military units) empowered to
elect magistrates and to act as a court of appeal in a
capital matter.
"The Comitia Centuriata, said to have been originated by
the sixth King, Servius Tullius, included the whole Roman
people arranged in classes according to their wealth, so as
to give the preponderating power to the richest. During the
regal period it was a military organisation on the basis of
property: under the Republic it became a legislative body,
ousting the Comitia Curiata." William A. Hunter, Introduc
tion to Roman Law 16 (F.H. Lawson ed. 9th ed. 1934).
comitia curiata (ka-mish-ee-<l kyoor-ee-ay-ta). (often
cap.) An assembly of (originally) patricians whose
chief function was to authorize private acts of citizens,
such as declaring wills and adoptions . The comitia
curiata engaged in little legislative activity.
"The oldest [of the four assemblies of the Roman people]
was the Comitia Curiata. In the regal period this assembly
consisted of the Populus Romanus in its thirty curies (or
family groups): it could meet only by summons of the King;
it merely accepted or rejected the proposals submitted
by him, without the right of discussion or amendment;
nor was any decision by it valid without the authorisation
of the Senate. Under the Republic it rapidly fell into the
background, though it formally eXisted, represented by
thirty lictors, down into Imperial times: for the private law
its main importance lay in its meetings under pontifical
presidency to deal with matters of religious significance,
such as ad rogations and wills." William A. Hunter, Introduc
tion to Roman Law 15-16 (F.H. Lawson ed., 9th ed. 1934).
comitia tributa (ka-mish-ee-a tri-byoo-ta). (often cap.)
An assembly of tribes convened to elect lower-ranking
officials . The comilia tributa undertook a great deal
of legislative activity in the later Roman republic. Cf.
CONCILIUM PLEBIS.
"The Comitia Tributa was the assembly of the whole Roman
people in their tribes - a regional classification. In this
assembly the influence of numbers predominated." William
A. Hunter, Introduction to Roman Law 16 (F.H. Lawson ed.,
9th ed. 1934).
comity (kom-<l-tee). (16c) 1. A practice among politi
cal entities (as nations, states, or courts of differ
ent jurisdictions), involving esp. mutual recognition
of legislative, executive, and judicial acts. -Also
termed comitas gentium; courtoisie internationaie. See
FEDERAL-COMITY DOCTRINE; J'UDICIAL COMITY. Cf.
ABSTENTION.
'''Comity,' in the legal sense, is neither a matter of absolute
obligation, on the one hand, nor of mere courtesy and

good will, upon the other. But it is the recognition which
one nation allows within its territory to the legislative,
executive, or judicial acts of another nation, having due
regard both to international duty and convenience, and to
the rights of its own citizens, or of other persons who are
under the protection of its laws." Hilton v. Guyot, 159 U.s.
113,163-64,16 S.Ct. 139, 143 (1895).
2. INTERNATIONAL LAW. This sense is considered a
misusage: "[I]n Anglo-American jurisprudence, ...
the term is also misleadingly found to be used as a
synonym for international law." Peter MacaIister
Smith, "Comity," in 1 Encyclopedia ofPublic Interna
tional Law 672 (1992).
Comity Clause. (1921) The clause of the U.S. Constitu
tion giving citizens of one state the right to all privi
leges and immunities enjoyed by citizens of the other
states. US. Const. art. IV,  2, d. 1. See PRIVILEGES
AND IMMUNITIES CLAUSE. [Cases: Constitutional Law
(;~:;)2935-2963.]
comm. abbr. COMMONWEALTH.
command. (l4c) 1. An order; a directive. 2. In legal posi
tivism, the sovereign's express desire that a person act
or refrain from acting a certain way, combined with the
threat ofpunishment for failure to comply.
"Commands are orders backed by threats. It is in virtue of
threatened evils, sanctions, that expressions of desire not
only constitute commands but also impose an obligation
or duty to act in the prescribed ways." Martin P. Golding,
Philosophy ofLaw 26 (1975).
command, vb. To direct authoritatively; to order.
commander-in-chief. (l7c) 1. One who holds supreme
or highest command ofarmed forces. [Cases: Armed
Services C:::;,1,4.] 2. (cap.) The title of the US. President
when acting as the constitutionally deSignated leader of
the nation's military. U.S. Const. art. II,  2.
Commander in Chief Clause. The clause of the U.S.
Constitution appointing the President as supreme com
mander of the military. U.S. Const. art. II,  2, cl. 1.
[Cases: Armed Services ~1,4.]
commandment. Hist. 1. An authoritative order of a
judge or magisterial officer. 2. The offense ofinducing
another to commit a crime.
command rape. See RAPE.
commencement. See INTRODUCTORY CLAUSE.
commencement ofinfringement. Copyright. The first
ofa series of discrete copyright violations, such as the
first of many separate sales of infringing items. See
INFRINGEMENT. [Cases: Copyrights and Intellectual
Property ~53(1).]
commend a (b-men-da). A business association in
which one person has responsibility for managing all
business property.
commendam (ka-men-dam or -dam). 1. Hist. Eccles. law.
A vacant benefice held by a clerk until a regular pastor
could be appointed. -Bishops and other dignitaries
found commendams to be lucrative sources ofincome.
Commendams were abolished in England in 1836. See BENEFICE. 2. Partnership in commendam. See limited
partnership under PARTNERSHIP.
commendation. Hist. The act of becoming a lord's feudal
tenant to receive the lord's protection.
commendator (kom-,m-day-tar). Eccles. law. A person
holding a commendam (a benefice) as a trustee . Com
mendators are so called because benefices are com
mended to their supervision. See COMMENDAM.
commendatus (kom-an-day-tas). Hist. A person who,
by voluntary oath ofhomage, was placed under a lord's
protection.
comment, n. (14c) 1. NOTE (2). 2. An explanatory state
ment made by the drafters ofa particular statute, code
section, or rule. [Cases: Statutes ~211.1 commen
tator, n.
commentators. See POSTGLOSSATORS.
commenter. One who comments; esp., one who sends
comments to an agency about a proposed administra
tive rule or regulation. See NOTICE-AND-COMMENT
PERIOD. [Cases: Administrative Law and Procedure
C:::>394.J
comment letter. Securities. A letter prepared by an SEC
examiner to request additional information or describe
deficiencies in a filing, particularly a registration state
ment.
comment on the evidence. (I8c) A statement made to
the jury by the judge or by counsel on the probative
value ofcertain evidence. Fed. R. Evid. 105. Lawyers
typically make such comments in closing argument,
and judges may make such comments in federal court.
But most state-court judges are not permitted to do so
when examining a witness, instructing the jury, and the
like (in which case the comment is sometimes termed
an impermissible comment on the evidence). [Cases:
Criminal Law ~2093; Federal Civil Procedure
1968, 1973; Trial C:-;o29(2), 121.]
comment period. See NOTICE-AND-COMMENT PERIOD.
commerce. (16c) The exchange of goods and services,
esp. on a large scale involVing transportation between
cities, states, and nations.
internal commerce. See intrastate commerce.
international commerce. Trade and other business
activities between nations.
interstate commerce. (1843) Trade and other business
activities between those located in different states;
esp., traffic in goods and travel of people between
states. For purposes of this phrase, most statu
tory definitions include a territory of the United
States as a state. Some statutory definitions of inter
state commerce include commerce between a foreign
country and a state. -Also termed interstate trade.
[Cases: Commerce ~5.l
intrastate commerce. (1887) Commerce that begins and
ends entirely within the borders of a single state.
Also termed internal commerce. [Cases: Commerce

305 commercial set
Commerce Clause. (1868) U.S. Const. art. I,  8, cl. 3,
which gives Congress the exclusive power to regulate
commerce among the states, with foreign nations, and
with Indian tribes. [Cases: Commerce ~10, 12.]
Dormant Commerce Clause. (1930) The constitutional
principle that the Commerce Clause prevents state
regulation of interstate commercial activity even
when Congress has not acted under its Commerce
Clause power to regulate that activity. -Also termed
Negative Commerce Clause. [Cases: Commerce
10.]
Commerce Court. See COURT.
commerce power. Congress's constitutionally conferred
power to regulate trade between the states. [Cases:
Commerce ~5.J
commercia belli (b-mar-shee-J bel-I). [Latin "commerce
ofwar"] Commercial dealings or contracts between
nations at war, or between the subjects of nations at
war, under which arrangements for nonhostile dealings
are made.
commercial acquiescence. See ACQUIESCENCE.
com


nonhostile dealings
are made.
commercial acquiescence. See ACQUIESCENCE.
commercial acre. Property. The amount of land left in
a subdivided acre after deducting the amount dedi
cated to streets, sidewalks, utilities, etc . The area of
a commercial acre is always less than an actual acre.
Cf. ACRE.
commercial activity. See ACTIVITY (1).
commercial-activity exception. (1973) An exemption
from the rule of sovereign immunity, permitting a
claim against a foreign state to be adjudicated in the
courts of another state ifthe claim arises from private
acts undertaken by the foreign state, as opposed to
the state's public acts. See RESTRICTIVE PRINCIPLE OF
SOVEREIGN IMMUNITY; JURE GESTIONIS; JURE IMPERII.
[Cases: International Law C=~10.33.]
.commercial agent. See AGENT (2).
commercial assets. See ASSET.
commercial bank. See BANK.
commercial bribery. See BRIBERY.
commercial broker. See BROKER.
commercial court. See COL'RT.
commercial credit company. See commercial finance
company under FI:-;[ANCE COMPANY.
commercial crime. See CRIME.
commercial defamation. See trade defamation under
DEFAMATION.
commercial disparagement. See TRADE DISPARAGE
MENT.
commercial division. See business court under COURT.
commercial domicile. See DOMICILE.
commercial finance company. See FINANCE COMPANY.
commercial franchise. See FRANCHISE (4).
commercial frustration. See FRUSTRATION. commercial general-liability policy. See INSL'RANCE
POLICY.
commercial goodwill. See GOODWIl.L.
commercial impracticability. See IMPRACTICABILITY.
commercial insurance. See INSURANCE.
commercialized obscenity. See OBSCENITY.
commercial law. (18c) 1. The substantive law dealing
with the sale and distribution ofgoods, the financing
ofcredit transactions on the security ofthe goods sold,
and negotiable instruments . Most American com
merciallaw is governed by the Uniform Commercial
Code. Also termed mercantile law.
"Although the term commercia/law is not a term of art in
American law it has become synonymous in recent years
with the legal rules contained in the Uniform Commer
cial Code." Jonathan A. Eddy & Peter Winship, Commercial
Transactions 1 (1985).
2. LAW MERCHANT.
commercial-law notice. See NOTICE.
commercial lease. See LEASE.
commercial letter ofcredit. See LETTER OF CREDIT.
commercial loan. See LOAN.
commercially reasonable, adj. (1922) (Of a property
sale) conducted in good faith and in accordance with
commonly accepted commercial practice. Under
the UCC, a sale of collateral by a secured party must
be done in a commercially reasonable manner, or the
obligor's liability for any deficiency may be reduced or
eliminated. See DCC  9-61O(b), 9-626. [Cases: Secured
Transactions 240.]
commercially significant noninfringing use. Intellec
tual property. The routine use of a product in a way
that does not infringe intellectual-property rights;
the judicial test for determining whether the sale of a
product amounts to contributory infringement.  Ifthe
product (such as a video recorder) can be used in a way
that does not infringe those rights (such as recording
a program in order to watch it at a later time), then its
sale cannot be enjOined, or its manufacturer subjected
to a court-imposed royalty. See Sony Corp. ofAm. v.
Universal City Studios, Inc., 464 U.S. 417, 442, 104 S.Ct.
774 (1984) (Stevens, J.). Also termed Sony doctrine;
substantial noninfringinguse. Cf. PRIMARY PL'RPOSE OR
EFFECT. [Cases: Copyrights and Intellectual Property
Patents ~259(1).]
commercial morality. Collectively, fair practices among
competitors. -Commercial espionage is often cited by
courts as being below accepted standards ofcommer
cial morality.
commercial name. See TRADENAME.
commercial paper. See PAPER.
commercial partnership. See trading partnership under
PARTNERSHIP.
commercial set. 1. The primary documents covering
shipment of goods, usu. including an invoice, bill of

306 commercial signature
lading, bill ofexchange, and certificate ofinsurance. 2.
The documents required under a letter ofcredit.
commercial signature. Trademarks. A trademark (as
commonly described). [Cases: Trademarks ~1021.]
commercial speech. See SPEECH.
commercial surety. See compensated surety under
SURETY.
commercial tort claim. (1994) A claim arising in tort
when the claimant is either (1) an organization, or (2)
an individual whose claim arose in the course of the
claimant's business or profession, and the claim does
not inchlde damages arising out of personal injury or
death. UCC  9-102(a)(13). -Typical commercial tort
claims are fraud and conversion.
commercial-traveler rule. Workers' compensation. The
principle that an accident will be treated as occurring
during the course of employment ifit was caused by an
employee whose job requires travel, and the employee
was not on a personal errand. -The commercial-trav
eler rule is an exception to the gOing-and-coming rule.
Cf. GOING-AND-COMING RULE. [Cases: Workers' Com
pensation
commercial treaty. See TREATY (1).
commercial unit. (1960) A unit of goods that by com
mercial usage is a Single whole for purposes of sale and
whose division materially impairs its character or value
in the relevant market or in use. UCC  2-105(6).
Under the UCC, "a commercial unit may be a single
article (as a machine) or a set of articles (as a suite of
furniture or an assortment of sizes) or a quantity (as a
bale, gross, or carload) or any other unit treated in use
or in the relevant market as a Single whole." rd. [Cases:
Sales 180(1).]
commercial use. See USE (1).
commettant (kom-iJ-tiJnt), n. 1. An employer. 2. The
principal in an agency relationship.
comminatorium (kiJ-min-iJ-tor-ee-;)m). [Latin commi
nari "threaten"] Hist. A clause often included at the end
ofa writ, admonishing the sheriff to be faithful in the
writ's execution.
commingle, vb. (k;)-ming-gal). (17c) 1. To put together (as
funds or property) into one mass, as by mixing together
a spouse's separate property with marital or community
property, or mixing together the separate property of
both spouses. 2. (Of a fidUciary) to mix personal funds
with those of a beneficiary or client. -Also spelled
comingle. See COMMINGLING. Cf. TRACING.
commingling (ka-ming-gling), n. A mixing together;
esp., a fiduciary's mixing ofpersonal funds with those
of a beneficiary or client. -Commingling is usu. con
sidered a breach of the fiduciary relationship. Under the
Model Rules of Professional Conduct, a lawyer is pro
hibited from commingling personal funds with those
ofa client. Commingling also occurs when a spouse has
mixed his or her separate property with community
property to such an extent that they cannot be sepa
rated. Also spelled comingling. commissary (kom-i-ser-ee), n. (14c) 1. A person who
is delegated or commissioned to perform some duty,
usu. as a representative of a superior. 2. A general store,
esp. on a military base. 3. A lunchroom. -commis
sary, adj.
commissary court. See COURT.
commission, n. (l4c) 1. A warrant or authority, from
the government or a court, that empowers the person
named to execute official acts <the student received
his commission to the U.S. Navy after graduation>. 2.
The authority under which a person transacts business
for another <the client gave her attorney express com
mission to sign the contract>. 3. A body of persons
acting under lawful authOrity to perform certain
public services <the Federal Communications Com
mission>.
public-service commission. A commission created by a
legislature to regulate public utilities or public-service
corporations. [Cases: Public Utilities 0141.]
4. The act of doing or perpetrating (as a crime) <the
perpetrator fled to Mexico after commission of the
assault>. 5. A fee paid to an agent or employee for a par
ticular transaction, usu. as a percentage of the money
received from the transaction <a real-estate agent's
commission>. Brokers ~39-75; Labor and
Employment
double commission. A commission obtained by a
person acting in dual roles, each of which gener
ates a commission, such as a person serving as both
executor and trustee in an estate matter. -Double
commissions paid without proper authority or disclo
sure may raise fidUciary-duty issues. See FIDUCIARY;
fiduciary duty under DUTY (2). [Cases: Brokers ~
67(1); Executors and Administrators 0'495(0.5);
Trusts C:::.>316(l).]
commissionaire. See AGENT.
commission broker. See BROKER.
com~ission day. English law. The opening day of the
assizes. -On this day the commission that authorizes
the judge to act is publicly read. Also written com
mission-day.
commission del credere (del kred-;)r-ay). (lSc) The com
mission received by the seller's agent for guaranteeing
a buyer's debt. [Cases: Factors (::;:::'29.]
commissioned officer. See OFFICER (2).
commissioner. (15c) 1. A person who directs a commis
sion; a member ofa commission. 2. The administrative
head of an organization, such as a professional sport. 3.
See judicial officer (3) under OFFICER.
bail commissioner. See BAIL COMMISSIONER.
Commissioner for Patents. The chief operating officer
of the patents section of the U.S. Patent and Trade
mark Office. -The commissioner is appOinted by the
Secretary ofCommerce.
Commissioner for Trademarks. The chief operating
officer ofthe trademarks section of the U.S. Patent and

307
Trademark Office. -The commissioner is appointed
by the Secretary ofCommerce.
commissioner in bankruptcy. English law. A com
missioner who is appointed by the Lord Chancellor
and empowered to proceed in corporate-bankruptcy
cases.
commissioner ofbail. See BAIL COMMISSIONER.
commissioner of circuit court. A court-appointed
officer who helps the circuit and district courts by
performing judicial and ministerial functions.
Court Commissioners (:::::: 1.]
commissiotler ofdeeds. An officer authorized by a state
to take acknowledgments of deeds and other papers
while residing in another state. -The acknowledg
ments are recognized in the state that licensed the
commissioner. Cf. NOTARY PUBLlC. [Cases: Acknowl
edgment
commissioner ofhighways. A public officer responsible
for overseeing the construction, alteration, and repair
ofhighways. (Cases: Highways (::::::93.]
commissioner ofpartition. An equity-court-appointed
officer who is empowered to examine a request for
partition and recommend an action to the court, or to
make the partition and report the act to the court.
Commissioner of Patents and Trademarks. See
DIRECTOR OF THE UNITED STATES PATENT AND
TRADEMARK OFFICE.
commissioner ofwoods andforests. Hist. An officer
who, by an 1817 Act ofPariiament, assumed the juris
diction of the Chief Justice of the Forest.
county commissioner. A county officer charged usu.
with the management ofthe county's financial affairs,
its police regulations, and its corporate business.
Also termed county supervisor. (Cases: Counties
38.]
court commissioner. An officer appointed by the court
esp. to hear and report facts, or to conduct judicial
sales. [Cases: Court Commissioners
jury commissioner. An officer responsible for drawing
and summoning the panels of potential jurors in a
given county. [Cases: Jury~59.1
public commissioner. See PROSECUTOR (1).
town commissioner. A member ofthe board ofadmin
istrative officers charged with managing the town's
business. [Cases: Towns~26.1
United States Commissioner. Hist. A judicial officer
appointed by a u.s. district court to hear a variety of
pretrial matters in criminal cases. -Commission
ers' duties have been transferred to U.S. Magistrate
Judges. Cf. UNITED STATES MAGISTRATE JUDGE.
commissioner's court. See COURT.
commission government. A type of municipal govern
ment in which the legislative power is in the hands of
a few people.
commission merchant. See FACTOR (2). Commission of Oyer and Terminer
commission ofappraisement and sale. Maritime law. A
court order requiring the sale ofproperty in an in-rem
admiralty action. [Cases: Admiralty~99.]
commission of assize. Hist. A royal authorization
empowering a person to hold court and try cases
arising while the justices in eyre held court elsewhere.
Cf. EYRE.
"[Bloth the presentment of crimes and the conduct of
trials by assize or jury which rapidly became a common
feature of royal justice required the presence of twelve
or more men from the vicinity where


by assize or jury which rapidly became a common
feature of royal justice required the presence of twelve
or more men from the vicinity where the matter in question
occurred.... The means of achieving this reconciliation
was the frequent issue of commissions to perform judicial
functions in the country .... [A)ssize commissioners had
original jurisdiction to hear a case from beginning to
end .... But the assizes. though moulded into a regular
routine, never became a distinct 'court' in the permanent
sense. The jurisdiction of the judges rested entirely on
the commissions which issued for each circuit: the judges
could therefore be regularly interchanged, and after 1340 it
was quite normal for a Common Plea case to be tried at nisi
prius by a King's Bench judge, and vice versa." J.H. Baker,
An Introduction to English Legal History 67 (3d ed. 1990).
commission ofcharitable uses. Hist. An authorization
issuing out of the Court of Chancery to a bishop or
other person authorizing the appointee to investigate
allegations offraud or other disputed matters concern
ing charitable land grants.
commission ofdelegates. Hist. A commission appoint
ing a person (usu. a lord, bishop, or judge) to sit with
several other appointees to hear an appeal ofan eccle
siastical judgment in the Court of Chancery. -This
commission was abolished in 1832, and its functions
transferred to the Judicial Committee of the Privy
Council.
Commission ofFine Arts. An independent federal com
mission that advises the President, Congress, and gov
ernmental agencies on the design of public buildings,
memorials, and parks in the nation's capital so as to
complement historic structures and districts. -The
commission was created in 19lO.
Commission of Gaol Delivery. Hist. A royal appoint
ment authorizing a judge to go on the assize circuit
and hear all criminal cases of those held in county
jails. See JAIL DELIVERY. Cf. COMMISSION OF OYER AND
TERMINER.
commission oflieutenancy. Hist. A commission issued
to send officers into every county to establish military
order over the inhabitants. _ 'Ibis commission super
seded the former commission ofarray, which provided
the same powers. The commissions became obsolete
with the establishment ofthe militia system.
commission oflunacy. See DE LUNATICO INQUIRENDO.
Commission ofOyer and Terminer (oY-dr an[d] t~r-md
ndr). [Law French oyer et terminer "to hear and deter
mine"] Hist. A royal appointment authorizing a judge
(often a serjeant-at-law) to go on the assize circuit and
hear felony and treason cases. Cf. COMMISSION OF GAOL
DELIVERY; COURT OF OYER AND TERMINER.
"[UJnder the commission of Oyer and Terminer, as the
judges are directed to inquire as well as to hear and

determine the same, they can only proceed upon an indict
ment found at the same assize, and before themselves;
for they must first inquire by means of the grand jury or
inquest, before they are empowered to hear and determine
by the intervention of the petit jury." 1 Joseph Chitty, A
Practical Treatise on the Criminal Law 142 (2d ed. 1826).
commission ofpartition. An authorization appointing
a person to sit with several other appointees for the
purpose of dividing land held by tenants in common
who desire a partition. [Cases: Partition
commission ofrebellion. Hisi. An attaching process that
empowered a layperson to arrest and bring a defendant
to Chancery to enforce obedience to a writ ofsubpoena
or decree . The commission of rebellion was abolished
in 1841. -Also termed writ of rebellion; commissio
rebellionis; breve rebellion is.
"Commission of rebellion (Commissio rebellionis) is other
wise called a writte of rebellion, (breve reiJellionis) and it
hath use, when a man after proclamation made by the
Shyreeve upon an order of the channcerie, or court of
Starre chamber, under penaltie of his allegance, to present
himselfe to the court by a certaine day, appeareth not. And
this commission is directed by way of command to certain
persons, to this end, that they ... apprehend, or cause to
be apprehended, the party as a rebell and contemner of the
kings lawes." John Cowell, The Interpreter (1607).
commission of review. Hist. In England, an authoriza
tion sometimes granted in an extraordinary case to
review a judgment of the Court of Delegates. The
commission of review is no longer used because the
Privy Council was substituted for the Court of Del
egates as the appellate court in ecclesiastical cases in
1832. See COURT OF DELEGATES.
commission of the peace. Hist. An appointment of a
person to keep the peace (Le., provide police protec
tion) on a 10calleveI.  Over time the recipients of these
commissions began to acquire judicial responsibilities,
and became known as justices ofthe peace.
commission of unlivery (.:m-liv-..r-ee). Hist. A court
order requiring the unloading ofgoods from a ship so
that they may be appraised.
Commission on Civil Rights. See UNITED STATES COM
MISSION ON CIVIL RIGHTS.
commission plan. (1919) A form of municipal govern
ment whereby both legislative and executive power is
vested in a small group of elected officials . Today,
commission plans are used in a few cities. [Cases:
Municipal Corporations
commission to examine a witness. A judicial commis
sion directing that a witness beyond the court's terri
torial jurisdiction be deposed. -The commission usu.
identifies the person to be deposed, when and where
the deposition will be taken, and any other information
that will help the commissioner to perform. -Also
termed commission to take a deposition; commission to
take testimony. Cf. LETTER OF REQUEST. [Cases: Pretrial
Procedure C=::,66, 96,
commission to take a deposition. See COMMISSION TO
EXAMINE A WITNESS. commission to take testimony. See COMMISSION TO
EXAMINE A WITNESS.
commissio rebellion is. See COMMISSION OF REBELLION.
commissive waste. See WASTE (1).
commissoria lex. See LEX COMMISSORIA.
commit, vb. 1. To perpetrate (a crime). 2. To send (a
person) to prison or to a mental health facility, esp. by
court order. 3. Parliamentary law. REFER.
commitment, n. (14c) 1. An agreement to do something
in the future. esp. to assume a financial obligation <the
shipper made a firm commitment to deliver the goods>.
2. The act ofentrusting or giving in charge <commit
ment of money to the bank>. 3. The act ofconfining a
person in a prison, mental hospital, or other institution
<commitment of the felon to prison>. [Cases: Mental
Health C=31-37; Sentencing and Punishment (;:::462,
463.]4. The order directing an officer to take a person to
a penal or mental institution; MITTIMUS (1) <the judge
signed the commitment after ruling that it was in the
best interest ofthe troubled teen>.
civil commitment. See CIVIL COMMITTMENT (1).
diagnostic commitment. Pretrial or presentencing con
finement of an individual, usu. to determine the indi
vidual's competency to stand trial or to determine the
appropriate sentence to be rendered. [Cases: Mental
Health C=434.]
discretionary commitment. A commitment that a
judge mayor may not grant, depending on whether
the government has proved usu. by clear and con
vincing evidence -that the commitment is necessary
for the well-being of the defendant or society (as when
the defendant is insane and dangerous) . Most states
allow discretionary commitment.
mandatory commitment. (1985) An automatically
required commitment for a defendant found not
guilty by reason of insanity. -'TIlis type of com
mitment is required under federal law, but in
minority ofstates. [Cases: Mental Health
new court commitment. The confinement in prison ofa
person who is being admitted on a new conviction
that is, someone who is not being returned to prison
for a parole violation.
voluntary commitment. A commitment of a person
who is ill, incompetent, drug-addicted, or the like,
upon the request or with the consent of the person
being committed.
commitment document. An order remanding a defen
dant to prison in order to carry out a judgment and
sentence.
commitment fee. An amount paid to a lender by a poten
tial borrower for the lender's promise to lend money at
a stipulated rate and within a speCified time . Com
mitment fees are common in real estate transactions.
See LOAN COMMITMENT.
commitment letter. 1. A lender's written offer to grant a
mortgage loan. -The letter generally outlines the loan

309
amount, the interest rate, and other terms. -Also
termed letter ofcommitment. [Cases: Mortgages C=
211.] 2. LETTER OF INTENT.
commitment warrant. See warrant of commitment
under WARRANT (1).
committee. 1. (k;J-mit-ee). A subordinate group to which
a deliberative assembly or other organization refers
business for consideration, investigation, oversight, or
action <the bill was sent to legislative committee>.
"One of the outstanding characteristics of membership
organizations the world over is the powerful role played
by committees in setting policy and in carrying out their
objectives. The Congress, state legislatures, business
associations, and countless clubs and societies have tra
ditionally conducted their work through committees of
their members." Lewis Deschler, Deschler's Rules ofOrder
 103, at 189 (1976).
ad hoc committee. See special committee.
arrangements committee. A committee charged with
organizing the physical space in which a deliberative
assembly meets.
audit committee. A committee appointed by the board
ofan organization, esp. a corporation, to oversee the
financial reporting process, select an independent
auditor, and receive the audit . Ideally, a committee
member is financially literate and wholly indepen
dent, having no financial interest (direct or indirect)
in the company, no executive position, and no familial
relationship with any member ofthe company's man
agement or a major shareholder. [Cases: Corporations
C=320(5).]
committee of one. A committee with only one
member.
committee ofthe whole. A special committee that com
prises all the deliberative assembly's members who
are present.  A deliberative assembly may resolve
itself into a committee ofthe whole so that it can take
advantage of the greater procedural flexibility that a
committee enjoys, usu. presided over by some chair
other than the assembly's regular chair. Cf. quasi com
mittee ofthe whole. [Cases: States C=32.]
committee on conference. See conference committee.
committee with full power. See committee with power.
committee with power. A committee to whom the
referring body has delegated the necessary authority
for acting on the business referred, usu. without need
for a prior report to the referring body. -Also termed
committee with full power.
conference committee. A joint meeting of two legisla
tive committees, one from each house ofa bicameral
legislature, usu. charged with adjusting differences in
a bill passed by both houses in different versions.
Also termed committee on conference. See CONFER
ENCE (2). [Cases: States C=34.]
"A committee on conference from each of the two houses
meeting together is not a joint committee but a joint
meeting of two committees. The quorum of a committee
on conference is a majority of the members of each com
mittee. In voting in a conference committee, the committee committee
of each house votes separately. The committee on confer
ence from each house submits its report to the house from
which it was appointed. The report, upon being received,
may be treated like other reports, except that the report
of a conference committee is usually given a higher pre
cedence. Under no condition, including suspension of the
rules, may the house alter or amend the report of the com
mittee, but must adopt or refuse to adopt the report in the
form submitted." National Conference of State Legislatures,
Mason's Manual of Legislative Procedure  770, at 558-59
(2000).
congressional committee. A committee ofthe House of
Representatives, a committee of the Senate, or a joint
committee. [Cases: United States C=23.]
credentials committee. A committee charged with
preparing a roster of delegates entitled to be seated,
examining contested claims to such entitlement, and
preparing and issuing credentials to the delegates who
appear so entitled. See CREDENTIAL.
executive committee. The committee of principal
officers and directors who directly manage an orga
nization's affairs between board meetings. [Cases:
Corporations C=299.]
joint committee. A legislative committee composed of
members ofboth houses ofa legislature.
legislative committee. A group oflegislators appointed
to help a legislature conduct its business, esp. by pro
viding careful consideration of proposals for new
legislation within a particular field so that the entire
body can handle its work efficiently without wasting
time and effort on unmeritorious submissions. [Cases:
States C=34.]
membership committee. A committee charged with
recruiting and keeping members and getting them
involved.
nominating committee. A committee charged with
identifying (and perhaps recruiting) and recommend
ing a suitable candidate or candidates for election by a
deliberative assembly. -Also termed screening com
mittee. [Cases: Elections C=134.]
ordinary committee. A committee other than a com
mittee of the whole.
parent committee. A committee that refers business to
a subcommittee . The parent committee is so called
only when considered in relation to the subcommit
tee. See subcommittee.
permanent committee. See standing committee.
platform committee. A committee charged with
developing a comprehensive statement of an orga
nization's, usu. a political party's, public policies and
principles.
program committee. The committee


a
nization's, usu. a political party's, public policies and
principles.
program committee. The committee that .olans a con
vention's program, usu. including both its formal
business and its educational and social events.
quasi committee of the whole. A committee of the
whole over which the deliberative assembly's regular
chair presides.
reference committee. See resolutions committee.

resolutions committee. A committee charged with
screening the original main motions offered for a
convention's consideration. -Also termed reference
committee; screening committee. [Cases: Elections (:::::J
132.]
rules committee. A committee charged with drafting
rules and an agenda for the orderly conduct ofa delib
erative assembly's business, particularly that ofa leg
islative body or a convention.
screening committee. 1. See nominating committee. 2.
See resolutions committee.
search committee. A committee charged with finding
a suitable choice from several options, such as candi
dates for employment or places for a meeting.
select committee. See special committee.
special committee. A committee established for a par
ticular purpose or a limited time. A legislature
will ordinarily establish a special committee for a
nonlegislative purpose, such as writing memorials,
procuring chaplains, determining the qualifications
of members, and settling election disputes. -Also
termed ad hoc committee; select committee; temporary
committee. [Cases: States (:::::J34.]
standing committee. A committee that is established for
ongoing business, that continues to exist from session
to session, and that is usu. charged with considering
business of a certain recurring kind. A legislature
will ordinarily establish a standing committee con
cerned with a specific field oflegislation. A legislative
standing committee usu. considers basic questions of
legislative policy, holds hearings on legislation, elimi
nates unwanted bills, and prepares favored measures
for passage. -Also termed permanent committee.
[Cases: United States (:::::J23.]
subcommittee. A group within a committee to which
the committee may refer business, standing in the
same relation to its parent committee as the com
mittee stands to the deliberative assembly. See parent
committee.
tellers committee. A committee that helps the chair
administer an election or other vote by handing out
and picking up ballots if necessary, counting the votes
or canvassing the ballots, and reporting the result to
the chair for announcement. See CANVASS (2).
temporary committee. See special committee.
2. (k;:lm-i-tee) A person who is civilly committed, usu.
to a psychiatric hospital <the board determined that the
committee was dangerous and should not be released>.
[Cases: Mental Health (:::::J 36.] 3. (bm-i-tee) The
guardian for the person so committed <the patient's
lawyer objected to the appointment ofthe committee>.
[Cases: Mental Health (:::::J 116.]
committee amendment. See AMENDMENT (3).
committee jurisdiction. See CHARGE (8).
committee report. See REPORT (1).
committee substitute. See clean bill under BILL (3).
committing magistrate. See MAGISTRATE.
committitur (b-mit-;:l-t;:lr). [Latin "he is committed"]
Archaic. An order or minute stating that the person
named in it is to be committed to the custody of the
sheriff.
committitur piece. Hist. An instrument used to civilly
charge a debtor already in prison, esp. by the plaintiff
who had brought about the debtor's imprisonment .
The committitur piece was rendered obsolete by the
1869 Debtors Act, which abolished imprisonment for
debt.
commixtio (b-miks-tee-oh), n. [Latin "mixture"]
Roman law. A mixture of separable (Le. dry or solid)
items belonging to different owners, the resulting
mixture being held in common or divided in pro
portion to the shares contributed. See CONFUSION OF
GOODS. Cf. CONFUSIO (1).
commodatary (k;:l-mohd-;:l-tair-ee). [fro Latin commoda
tarius] Roman & civil law. A bailee in a commodatum;
borrower.
commodate (kom-;:l-dayt), n. See COMMODATUM.
commodati actio (kom-;:l-day-tI ak-shee-oh). See actio
commodati under ACTIO.
commodator (kom-;:l-day-t;:lr), n. Roman & civil law. A
lender or bailor.
commodatum (kom-;:l-day-t;:lm), n. (17c) [Latin com
modare "to lend"] Roman & civil law. The gratuitous
lending ofgoods to be used by the borrower and then
returned undamaged to the lender . This arrangement
is for the sole benefit of the borrower. It is one of three
types of contracts for permissive use, the other two
being locatio conductio and mutuum. -Also termed
accommodatum; commodate. PI. commodata.
"Commodatum was loan for use, the borrower being
required to return the identical res. This contract was
gratuitous, being usually for a limited time and a specific
purpose. The borrower must use the greatest care in
looking after the res but has not to answer for loss occa
sioned by fire or accident beyond his control, provided that
there was no fault. If, however, the res was put to a use
foreign to the terms of the agreement, strict liability might
follow, e.g., if the res was wrongfully taken on a journey
and lost through attack by enemies or shipwreck." G.w.
Paton, Bailment in the Common Law49-50 (1952).
commodity. 1. An article of trade or commerce . The
term embraces only tangible goods, such as products
or merchandise, as distinguished from services. 2. An
economic good, esp. a raw material or an agricultural
product. [Cases: Commodity Futures Trading Regula
tion (:::::J 7.]
commodity-backed bond. See BOND (3).
Commodity Credit Corporation. A federally chartered
corporation responsible for extending credit in order
to stabilize farm income and prices . Incorporated in
Delaware in 1933 and operated in affiliation with the
Reconstruction Finance Corporation, it was transferred
to the U.S. Department of Agriculture in 1939 and
chartered in 1948 as a federal corporation. 15 USCA
 714. -Abbr. CCc. [Cases: Agriculture (:::::J3.5(l).]

311
Commodity Futures Trading Commission. A five
member federal commission that regulates trading in
futures and options contracts and monitors the activi
ties of commodity-exchange members, brokerage
houses, commission-registered salespeople, and others
associated with the industry . The commission began
operating in April 1975. 7 USCA  2(a)(2). -Abbr.
CFTC. [Cases: Commodity Futures Trading Regula
tion (;-51-61.]
commodity loan. See LOAN.
commodity option. See OPTION.
commodity paper. See PAPER.
common, n: 1. A legal right to use another person's
property, such as an easement. See PROFIT A
PRENDRE.
common appendant (;}-pen-dant). Hist. A tenant's right
to graze animals on the landowner's land as a result
oflongstanding practice. See profit appendant under
PROFIT
"The ... common appendant is founded on prescription,
and is regularly annexed to arable land .... The tenant
was limited to such beasts as were levant and couchant
on his estate, because such cattle only were wanting to
plough and manure his land. It was deemed an incident
to a grant of land, as of common right, and to enable the
tenant to use his plough land." 3 James Kent, Commentar
ies on American Law *404 (George Comstock ed., 11th ed.
1866).
common appurtenant (;J-par-t;}-n;}nt). Hist. A land
owner's right to graze animals on another's land as
a result of a written grant relating to the ownership
or occupancy ofland. See profit appurtenant under
PROFIT (2).
"Common appurtenant may be affixed to any kind of
land. It allowed the owner to put in other beasts than
such as plough or manure the land; and, not being founded
on necessity, like the other rights, ... was not favored in
the law." 3 James Kent, Commentaries on American Law
*404 (George Comstock ed., 11th ed. 1866).
common in gross. Hist. A right to graze animals on
another's land as a result of a written grant unrelated
to ownership or occupancy of land. -Also termed
common at large. See profit in gross under PROFIT (2).
common in the soil. Hist. The right to dig and take away
earth from another's land. -Also termed common
ofdigging.
common ofestovers (e-stoh-v;}rz). Hist. A tenant's right
to take necessary supplies, esp. wood, from the lord's
estate; the right to estovers. See ESTOVERS (1).
common offishery. See common ofpiscary.
common ofpasture. Hist. A right to pasture one's cattle
on another's land . The common ofpasture may be
appendant, appurtenant, or in gross.
common ofpiscary (pis-k;}-ree). Hist. A right to fish
in waters on another's land. -Often shortened to
piscary. Also termed common offishery.
common ofshack. Hist. The right ofpeople occupying
land in a common field to release their cattle to graze
after harvest. common-authority rule
common ofturbary (t~r-ba-ree). Hist. The right to dig
turf (for use as fuel in a house) from another's land.
common without stint. flist. A right to graze an unlim"
ited number ofcattle.
2. A tract ofland set aside for the general public's use.
[Cases: Common Lands 01.]
commonable, adj. (17c) 1. (Of an animal) allowed to
graze on common land. 2. (Ofland) capable of being
held in common.
common adventure. See ADVENTURE.
common agent. See AGENT (2).
commonality test. The requirement that members of
a group certified as a class in a class-action suit share
at least one issue oflaw or fact whose resolution will
affect all or a Significant number of the putative class
members. Cf. COMMON-CHARACTER REQUIREMENT.
[Cases: Federal Civil Procedure 0165; Parties
35.17,35.61-35.89.]
common ancestor. See ANCESTOR.
common and notorious thief. See common thief under
THIEF.
common appendant. See COMMON.
common appurtenant. See COMMON.
common area. 1. Landlord-tenant law. The realty
that all tenants may use though the landlord retains
control over and responsibility for it. [Cases: Landlord
and Tenant 123.] 2. An area owned and used in
common by the residents of a condominium, subdi
vision, or planned-unit development. Also termed
common elements. [Cases: Common Lands Con
dominium 06.]
common-area maintenance charges. Fees paid by
tenants, usu. on a pro rata basis, to compensate the
landlord for the costs of operating, repairing, and
maintaining common areas. Such costs include
those incurred for cleaning, lighting, and repairs. -
Abbr. CAMs. -Also termed common-area operating
expenses.
common-area operating expenses. See COMMON-AREA
MAINTENANCE CHARGES.
common assault. 1. See ASSAULT (1).2. See ASSAULT (2).
common assumpsit. See general assumpsit under
ASSUMPSIT.
common assurance. See MUNIMENT OF TITLE.
common at large. See common in gross under COMMON.
common-authority rule. The principle that a person may
consent to a police officer's search of another person's
property ifboth persons use, control. or have access to
the property . Under this rule, the consenting person
must have been legally able to permit the search in his
or her own right, and the defendant must have assumed
the risk that a fellow occupant might permit a search.
See U.S. v. Matlock, 415 U.S. 164, 171 n.7, 94 S.Ct. 988,
993 n.7 (1974). See THIRD-PARTY CONSENT. [Cases:
Searches and Seizures 0173.1.]

common bail. See bail common under BAIL (4).
common bar. See BLANK BAR.
Common Bench. Hist. The former name of the English
Court of Common Pleas. The court was so called
because it was the forum for the common people, that
is, for cases between two or more subjects when the
Crown had no interest. -Abbr. C.B.
common-bond doctrine. The rule that prospective
members ofa credit union must share some connection
(such as common employment) other than a desire to
create a credit union. [Cases: Building and Loan Asso
ciations ~6.]
common business purpose. Related activity by two or
more associated businesses . Ifone of the businesses
comes within the jurisdiction of the Fair Labor Stan
dards Act, then another business that shares a common
business purpose will also.
common calling. 1. An ordinary occupation that a
citizen has a right to pursue under the Privileges and
Immunities Clause. [Cases: Constitutional Law ~
2953.] 2. A commercial enterprise that offers services
to the general public, with a legal duty to serve anyone
who requests the services . For example, an innkeeper
or a common carrier engages in a common calling.
"It was only in a very few cases indeed that a person was
under a legal obligation to enter into a contract; virtually
the only example of such an obligation in fact was the
person exercising a 'common calling' such as the innkeeper
and the common carrier who were (subject to certain safe
guards) legally bound to contract with any member of the
public who