and
Ward 10.] conservatorship, n.
managing conservator. (1974) 1. A person appointed
by a court to manage the estate or affairs of someone
who is legally incapable of doing so; GUARDIAN (1).
[Cases: Guardian and Ward ~10.] 2. In the child
custody laws of some states, the parent who has
primary custody of a child, with the right to establish
the child's primary domicile. See CUSTODY. [Cases:
Child Custody~28.)
possessory conservator. (1974) See noncustodial parent
under PARENT.
conservator ofthe peace. See PEACE OFFICER.
conserve, vb. 1. To take care of; to care for. 2. To protect
from change, destruction, or depletion. 3. To reduce or
minimize the use of.
consideration, n. (l6c) 1. Something (such as an act, a
forbearance, or a return promise) bargained for and
received by a promisor from a promisee; that which
motivates a person to do something, esp. to engage
in a legal act . Consideration, or a substitute such as
promissory estoppel, is necessary for an agreement to
be enforceable. See Restatement (Second) ofContracts
 81 (1979). [Cases: Contracts ~49.)
"A 'consideration' has been explained to be 'any act of the
plaintiff from which the defendant, or a stranger, derives a
benefit or advantage, or any labour, detriment, or inconve
nience sustained by the plaintiff, however small the detri
ment or inconvenience may be, if such act is performed,
or inconvenience suffered by the plaintiff with the assent,
express or implied, of the defendant, or, in the language of pleading, at the special instance and request of the defen
dant.'' Thomas E. Holland, The Elements ofJurisprudence
286 (13th ed. 1924).
"A conSideration in its widest sense is the reason, motive,
or inducement, by which a man is moved to bind himself
by an agreement. It is not for nothing that he consents
to impose an obligation upon himself, or to abandon or
transfer a right. It is in consideration of such and such a fact
that he agrees to bear new burdens or to forgo the benefits
which the law already allows him." John Salmond, Jurispru
dence 3S9 (Glanville L. Williams ed., 10th ed. 1947).
'The word 'consideration' has been around for a long time,
so it is tempting to think we have had a theory of consid
eration for a long time. In fact until the nineteenth century
the word never acquired any particular meaning or stood
for any theory." Grant Gilmore, The Death of Contract 18
(1974).
"In the late fifteenth and early sixteenth centuries the word
'consideration' was very familiar to lawyers, and although
it had not yet acquired a special legal meaning (and indeed
was not to do so during the period under discussion) it
had already begun to develop legal associations. Most
commonly it was used in statutes .... In the statutes
of Henry VI it became quite common for the draftsman,
after he had rehearsed the circumstances to introduce the
enacting part with a clause in the following (or similar)
form: 'The King, considering the premisses, of the Assent
and Request aforesaid, hath ordained and established ... .'
In the course of time the matters which were conSidered,
and to which consideration was given, came themselves to
be called 'the considerations.' [By the late 15th century] the
considerations were the matters conSidered; they were the
factors which Parliament or the King was supposed to have
had in mind in legislating, and which moved or motivated
the enactment. Loosely the word could be treated as syn
onymous with 'cause,' and both in statutes and elsewhere
causes and considerations were often mentioned in the
same breath. But 'cause' does not mean exactly the same
thing as 'consideration'; it lacks the suggestion of what was
in the mind, what was considered, what motivated:' AW.B.
Simpson, Legal Theory and Legal History 332 (1987).
adequate consideration. (17c) Consideration that is
fair and reasonable under the circumstances of the
agreement. Cf. sufficient consideration. Con
tracts ~53,54.]
"It is helpful to observe precision in use of vocabulary
when analyzing consideration issues. Distinguish carefully
between 'adequate' consideration and 'sufficient' consider
ation. 'Adequacy' refers to whether there was a fair
involving an exchange of equal values. 'Sufficiency'
to whether the consideration is legally sufficient to enforce
a promise, and this requires only that there be some legal
detriment incurred as a bargained exchange for the other
party's promise." Claude Rohwer & Gordon D. Schaber,
Contracts in a Nutshell 83 (4th ed. 1997).
"Although courts have not lost the habit of speaking of an
'adequate,' a 'sufficient,' or a 'valuable' consideration, the
bargain test as epitomized in the Restatement imposes no
such additional requirement." E. Allan Farnsworth, Con
tracts  2.11, at 69-70 (3d ed. 1999).
and other good and valuable consideration. See other
consideration.
concurrent consideration. Consideration arising at
the same time as other consideration, or where the
promises are simultaneous. [Cases: Contracts
56.)
continuing consideration. An act or performance
extending over time.

due consideration. See sufficient consideration.
executed consideration. A consideration that has been
wholly given; past consideration as opposed to present
or future consideration. [Cases: Contracts (:::::o7S.]
executory consideration (eg-zek-p-tor-ee). A consid
eration that is to be given only after formation of the
contract; present or future consideration as opposed
to past consideration.
express consideration. Consideration that is specifi
cally stated in an instrument.
fair consideration. (1Sc) 1. Consideration that is
roughly equal in value to the thing being exchanged;
consideration given for property or for an obligation
in either of the following circumstances: (1) when
given in good faith as an exchange for the property
or obligation, or (2) when the property or obligation
is received in good faith to secure a present advance
or prior debt in an amount not disproportionately
small as compared with the value of the property or
obligation obtained. -Also termed fair and valuable
consideration. 2. Consideration that is honest, reason
able, and free from suspicion, but not strictly adequate
or full.
future consideration. (1979) 1. Consideration to be
given in the future; esp., consideration that is due
after the other party's performance. 2. Consideration
that is a series of performances, some of which will
occur after the other party's performance. 3. Consid
eration the specifics ofwhich have not been agreed on
between the parties. Cf. past consideration.
good and valuable consideration. See valuable con
sideration.
good consideration. (1Sc) 1. Consideration based on
natural love or affection or on moral duty <good
consideration, being based purely on affection, does
not amount to valuable consideration> . Such con
sideration is usu. not valid for the enforcement of a
contract. -Also termed meritorious consideration;
moral consideration. [Cases: Contracts (:::::076,77.]
"A good consideration is that of blood, or the natural love
and affection which a person has to his children, or any
of his relatives .... A good consideration is not of itself
sufficient to support a promise, any more than the moral
obligation which arises from a man's passing his word;
neither will the two together make a binding contract; thus
a promise by a father to make a gift to his child will not be
enforced against him. The consideration of natural love
and affection is indeed good for so little in law, that it is
not easy to see why it should be called a good consider
ation ...." Joshua Williams, Principles of the Law ofPersonal
Property 95-96 (11th ed. 1881).
"Stated simply, good or meritorious consideration is
nothing more than motive or moral obligation." 3 Richard
A. Lord, Williston on Contracts  7:16, at 325-26 (4th ed.
1992).
2. Loosely, valuable consideration; consideration that
is adequate to support the bargained-for exchange
between the parties <his agreement to pay the offering
price was good consideration for the sale>. [Cases:
Contracts (:::::049.] gratuitous consideration (gr;J-t[y]oo-i-t;Js). (1SS0)
Consideration that, not being founded on any det
riment to the party who gives it, will not support a
contract; a performance for which a party was already
obligated.
grossly inadequate consideration. Consideration
whose value is so much less than the fair value ofthe
object acquired that it may not support finding that
the transaction is a valid exchange . Depending on
the surrounding circumstances, the transaction may
actually be fraud, a gift, or something else other than
a sale and purchase. [Cases: Contracts (:::::o53.J
illegal consideration. (ISc) Consideration that is
contrary to the law or public policy, or prejudicial
to the public interest . Such consideration does not
support a contract. [Cases: Contracts 103.]
immoral consideration. A consideration that so
offends societal norms as to be invalid . A contract
supported by immoral consideration is usu. voidable
or unenforceable. -Also termed turpis causa. [Cases:
Contracts (:::::0 112.]
implied consideration. (ISc) Consideration that is
inferred by law from the parties' actions.
impossible consideration. Consideration stemming
from a promise or performance that cannot be ful
filled. [Cases: Contracts (:::::oSO.]
inadequate consideration. (1Sc) Consideration that
is not fair or reasonable under the circumstances of
the agreement. Cf. adequate consideration. [Cases:
Contracts (:::::053,54.]
invented consideration. (1977) Fictional consider
ation created by a court to prevent the invalidation
ofa contract that lacks consideration.
legal consideration. See VALUABLE CONSIDERATION.
legally sufficient consideration. See sufficient consid
eration.
meritorious consideration. See good consideration.
moral consideration. See good consideration.
nominal consideration. (ISc) Consideration that is so
insignificant as to bear no relationship to the value
of what is being exchanged (e.g., $10 for a piece of
real estate) . Such consideration can be valid, since
courts do not ordinarily examine the adequacy of
consideration (although they do often inquire into
such issues as fraud and duress). -Also termed pep
percorn. [Cases: Contracts (:::::053,54.]
"Offers made in consideration of one dollar paid or
promised are often irrevocable .... The irrevocability of
an offer may be worth much or little to the offeree, and
the courts do not ordinarily inquire into the adequacy of
the consideration bargained for. Hence a comparatively
small payment may furnish consideration for the irrevoca
bility of an offer proposing a transaction involving much
larger sums. But gross disproportion between the payment
and the value of the option commonly indicates that the
payment was not in fact bargained for but was a mere
formality or pretense. In such a case there is no consid
eration .... Nevertheless, such a nominal consideration
is regularly held sufficient to support a short-time option

proposing an exchange on fair terms. The fact that the
option is an appropriate preliminary step in the conclusion
of a socially useful transaction provides a sufficient sub
stantive basis for enforcement, and a signed writing taking
a form appropriate to a bargain satisfies the deSiderata of
form. In the absence of statute, however, the bargaining
form is essential: a payment of one dollar by each party to
the other is so obviously not a bargaining transaction that
it does not provide even the form of an exchange." Restate
ment (Second) of Contracts  87 cmt. b (1979).
other consideration. (18c) Additional things of value
to be provided under the terms ofa contract, usu.
unspecified in the contract, deed, or bill of sale,
because they are too numerous to conveniently list,
or to avoid public knowledge of the total amount of
consideration. -Also termed other good and valuable
consideration.
past consideration. (I8c) An act done or a promise
given by a promisee before making a promise sought
to be enforced. Past consideration is not consid
eration for the new promise because it has not been
given in exchange for this promise (although excep
tions exist for new promises to pay debts barred by
limitations or debts discharged in bankruptcy). See
PREEXISTING-DUTY RULE. Cf. future consideration.
[Cases: Contracts (;::::c79.]
"A past consideration is, in effect, no consideration at all;
that is to say, it confers no benefit on the promisor, and
involves no detriment to the promisee in respect of his
promise. It is some act or forbearance in time past bywhich
a man has benefited without thereby incurring any legal
liability." William R. Anson, Principles ofthe Law ofContract
149 (Arthur L. Corbin ed., 3d Am. ed. 1919).
'''Past Consideration.' The quotation marks suggest that
there is something wrong with this phrase. Past consid
eration, or something given, done, or suffered in the past
which purportedly supports a subsequent promise, is no
consideration. If a benefit has been conferred upon the
promisor or if the promisee has suffered a detriment in
the past and there is a subsequent promise to pay therefor,
there is no bargain for such past value. Therefore, it cannot
constitute consideration." John Edward Murray Jr., Cases
and Materials on Contracts 427 (2d ed. 1976).
sufficient consideration. (l7c) Enough consideration as
a matter oflaw to support a contract. -Also termed
due consideration; legally sufficient consideration. Cf.
adequate consideration. [Cases: Contracts (;::::;>54.]
valuable consideration. (17c) Consideration that is
valid under the law; consideration that either confers
a pecuniarily measurable benefit on one party or
imposes a pecuniarily measurable detriment on the


confers
a pecuniarily measurable benefit on one party or
imposes a pecuniarily measurable detriment on the
other. Also termed good and valuable consider
ation; legal consideration. [Cases: Contracts (;::::c49.]
"By a valuable consideration is meant something of value
given or promised by one party in exchange for the
promise of the other. ... The thing thus given by way of
consideration must be of some value. That is to say, it must
be material to the interests of one or the other or both of
the parties. It must either involve some gain or benefit
to the promisor by way of recompense for the burden of
his promise, or it must involve some loss or disadvantage
to the promisee for which the benefit of the promise is a
recompense." John Salmond, jurisprudence 360 (Glanville
L. Williams ed., 10th ed. 1947). 2. Parliamentary law. The process by which a delibera
tive assembly disposes ofa motion; DELIBERATION .
Consideration begins with a member making a motion
and the chair stating the question on the motion; it
ends with the chair putting the question on the motion
(or on a subsidiary motion that disposes of the first
motion). It also includes debate and may also include
(among other things) amendment and referral to a
committee.
consideration byparagraph. See consideration seria
tim.
consideration seriatim. Consideration serially,
whereby a deliberative assembly considers a long or
complex motion in a series ofreadily divisible parts
before on the entire motion. Also termed
consideration by paragraph (in which case a "para
graph" means not a literary paragraph but any readily
divisible part of a motion, which may include more
than one literary paragraph); serial consideration.
"When a proposition, motion or resolution has many parts
(paragraphs, sections, or clauses), or many articles (as a set
of bylaws which is up for revision or amendment), it is best
and most prudent that no vote be taken on each separate
part. Instead, a single vote covering all its parts should
be taken after each of them has been duly conSidered,
amended, and perfected. Seriatim (Lat.) literally means
'serially,' and when applied to several or more parts of a
parliamentary proposal or question it means consideration
paragraph by paragraph or part by part.
"Hence, under the doctrine of consideration by paragraph,
or seriatim, each part is discussed and may be amended
and perfected to suit; then, without putting it to a vote
for final adoption, the next part or paragraph is Similarly
open to discussion and amendment, but is not voted on for
final adoption yet; and, in like manner, each additional part
is perfected in turn until all the parts of a proposal have
been considered." George Demeter, Demeter's Manual of
Parliamentary Law and Procedure 146 (1969).
informal consideration. Consideration without limit
on how often a member may speak to the same
question. Informal consideration is substantially
equivalent to consideration in committee ofthe whole
or quasi committee ofthe whole, without the fiction
ofthe assembly resolving itself into a committee. See
committee ofthe whole under COMMITTEE.
serial consideration. See consideration seriatim.
3. Hist. A court's judgment. Also termed (in Roman
law) consideratio.
consideration, failure of. See FAILURE OF CONSIDER
ATIO::-l'.
consideration, want of. See WANT OF CONSIDERATION.
consideratum estper curiam (k;)n-sid-<}-ray- t<}m est p<}r
kyoor-ee-<}m). [Latin] Hist. It is considered by the court.
 This was the formal language preceding the judgment
of a common-law court. Sometimes shortened to
consideratum est. Cf. IDEO CONSIDERATUM EST.
"A judgment is the decision or sentence of the law, given
by a court ofjustice, as the result of proceedings instituted
therein for the redress of an injury. The language of the
judgment is not, therefore, that 'it is decreed,' or 'resolved,'
by the court, but that 'it is considered by the court,' consid
eratum est per curiam, that the plaintiff recover his debt,

350 consign
etc. In the early writers, considerare, consideratio always
means the judgment of a court." 1 John Bouvier, Bouvier's
Law Dictionary 619 (8th ed. 1914).
consign (k;m-sm), vb. (16c) 1. To transfer to another's
custody or charge. 2. To give (goods) to a carrier for
delivery to a designated recipient. 3. To give (merchan
dise or the like) to another to sell, usu. with the under
standing that the seller will pay the owner for the goods
from the proceeds. [Cases: Factors
consignation (kon-sig-nay-sh;m), n. 1. A debtor's
delivery ofmoney to an authorized third party after
the creditor refuses to accept the payment. -Unlike a
tender, a valid consignation discharges the debtor. Cf.
TENDER (1). 2. CONSIGNMENT (1).
consignator (k~n-sig-mHor), n. A person authorized
to accept delivery of money from a debtor ifa creditor
refuses to accept it. See CONSIGNATION.
consignee (kon-sl-nee or k~n-). (18c) One to whom goods
are conSigned. Cf. CONSIGNOR.
consignment (bn-sIn-mant). (17c) I. The act of con
signing goods for custody or sale. Also termed
(archaically) consignation. [Cases: Factors 2. A
quantity of goods delivered by this act, esp. in a Single
shipment. 3. Under the UCC, a transaction in which
a person delivers goods to a merchant for the purpose
of sale, and (1) the merchant deals in goods of that
kind under a name other than the name of the person
making delivery, is not an auctioneer, and is not gener
ally known by its creditor to be substantially engaged in
selling others' goods, (2) with respect to each delivery,
the aggregate value of the goods is $1,000 or more at
the time of delivery, (3) the goods are not consumer
goods immediately before delivery, and (4) the trans
action does not create a security interest that secures
an obligation. UCC  9-102(a)(20). 4. See bailment for
sale under BAILMENT.
consignment sale. See SALE.
consignor (k~n-SI-n<lr or kon-sI-nor). (I8c) One who dis
patches goods to another on consignment. Cf. CON
SIGNEE.
consiliarius (k;)n-sil-ee-air-ee-~s), n. [fro Latin cons ilium
"adVice"]!. Roman law. A person who advises a magis
trate; one who sits with the judge and assists in deciding
cases. See CONCILIUM (1). 2. Hist. A counselor learned
in law. See APOCRISARIUS.
consimili casu. See CASU CONSIMILI.
consistorial court. See CONSISTORY COURT.
consistorium (kon-sis-tor-ee-am), n. [Latin] Roman law.
In the later Empire, the emperor's privy council that
functioned both as a general council of state and as a
supreme court oflaw.
consistory court (k~n-sis-tar-ee). Eccles. law. ]n England,
a diocesan court exercising jurisdiction over the clergy
and church property, such as a and other
ecclesiastical matters. _ Consistory courts are preSided
over by the bishop's chancellor or the chancellor's commissary. Also termed consistorial court. Cf. BISHOP'S
COURT.
consobrini (kon-s~-brI-m), n. pl. [Latin] Roman law.
First cousins; children ofbrothers and sisters, or, more
precisely, of two sisters.
consol (kon-sol or bn-sol). See annuity bond under
BOND (3).
Consolato del Mare (kawn-soh-Iah-toh del mah-ray).
[Italian "consolate of the sea"] Hist. Maritime law. An
influential collection of European maritime customs,
referred to by commercial judges (consuls) in ports
of the kingdom of Aragon and other Mediterra
nean maritime towns. _ The Consolato del Mare was
compiled in the 14th century and soon became one
of the leading maritime codes of Europe. It is widely
believed to be a Spanish work, but some historians
suggest its origin is actually Italian. -Also written
Consolat de Mar.
consolidate, vb. 1. To combine or unify into one mass
or body. 2. Civil procedure. To combine, through court
order, two or more actions involving the same parties or
issues into a single action ending in a Single judgment
or, sometimes, in separate judgments. [Cases: Action
(;::::>54-59; Federal Civil Procedure (;::::>8.] 3. Corpo
rations. To unite (two or more corporations or other
organizations) to create one new corporation or other
organization. [Cases: Corporations (;::::::>581.]
consolidated appeal. See APPEAL.
consolidated bond. See BOND (3).
consolidated financial statement. See FINANCIAL STATE
MENT.
consolidated laws. See CODE (1).
consolidated mortgage. See MORTGAGE.
Consolidated Omnibus Budget Reconciliation Act of
1985. A federal statute requiring employers that offer
group health coverage to their employees to continue
to do so for a prescribed period (usu. 18 to 36 months)
after employment has terminated so that the former
employee can continue to benefit from group-health
rates until becoming a member of another health
insurance plan. -The statute temporarily continues
group-health coverage for a person no longer entitled to
receive it, such as a terminated employee or an overage
dependent. "Qualifying events" justifying the con
tinuation ofgroup-health-insurance benefits include
divorce, legal separation, or the death of a spouse. So
COBRA often provides critical transitional coverage
until a separated, divorced, or surviving spouse and
children can arrange for new health insurance. The
period oftransitional coverage is up to 36 months, and
an applicant spouse ofthe employee must make written
application to the employer within 60 days ofthe sepa
ration or divorce. -Abbr. COBRA. [Cases: Labor and
Employment G~AOl.J
"In the absence of any type of statutory vesting provision
(which would render benefits nonforfeitable), terminated
employees were generally left without health care coverage
while they were looking for another job. While some state

351
insurance laws provide for limited continuation coverage
or individual conversion options, these alternatives were
not available in all states. .. Thus, COBRA was designed
to fill this void, by providing a statutorily mandated mecha
nism for enabling terminated employees (and their eligible
family members) to continue to have access to group health
coverage at group rates until they can get another job or
otherwise arrange for replacement coverage." I.M. Golub
et ai., COBRA Handbook  1.1, at 1-2 (1994).
consolidated return, See TAX RETURN.
consolidated school district. See SCHOOL DISTRICT.
consolidated security. See SECURITY.
consolidated sentence. See general sentence under
SENTENCE.'
consolidating statute. See STATUTE.
consolidation, n. (15c) 1. The act or process of uniting;
the state ofbeing united. 2. Legislation. '{he combina
tion into a Single statutory measure ofvarious legisla
tive provisions that have previously been scattered in
different statutes. 3. Civil procedure. The court-ordered
unification oftwo or more actions, involving the same
parties and issues, into a Single action resulting in a
Single judgment or, sometimes, in separate judgments.
Fed. R. Civ. P. 42(a). Also termed consolidation of
actions. Cf. JOINDER; SEVERANCE (2). [Cases: Action
(;=54-59; Federal Civil Procedure (;::;:::>S.]
procedural consolidation. See JOINT ADMINISTRA
TION.
substantive consolidation. Bankruptcy. The merger of
two or more bankruptcy cases, usu. pending against
the same debtor or related debtors, into one estate for
purposes of distributing the assets, usu. resulting in
the two estates sharing assets and liabilities, and in
the extingUishment of duplicate claims and claims
between the debtors. [Cases: Bankruptcy C:::>20S4.]
4. Corporations. The unification of two or more cor
porations or other organizations by dissolving the
existing ones and creating a Single new corporation or
organization. Also termed (with respect to corpo
rations) consolidation ofcorporations. Cf. MERGER (8).
[Cases: Corporations C:::>5SLJ 5. Corporations. Archaic.
A union ofthe stock, property, or franchises of two or
more companies whereby the conduct of their affairs
is permanently -or for a long period put under one
management, whether the agreement between them is
bv lease, sale, or other form of contract, and whether
the effect is the dissolution of one, both, or neither of
the companies. -consolidate, vb. consolidatory
(bn-sol-;J-day-t;Jr-ee), adj.
consolidation loan. See LOAN.
consolidation ofactions. See CONSOLIDATION (3).
consolidation of corporations. See CONSOLIDATION
(4).
consolidation of mortgages. Hist. '{he equitable right
ofa mortgagee who holds multiple mortgages on real
property owned by the same person to refuse to release
one mortgage unless all the mortgages are redeemed.
[Cases: Mortgages C=>309(1).] conspiracy
consonant statement. See STATEMENT.
consortium (bn-sor-shee-;Jm). (1836) 1. The benefits
that one person, esp. a spouse, is entitled to receive
from another, including companionship, cooperation,
affection, aid, financial support, and (between spouses)
sexual relations <a claim for loss of consortium>. See
LOSS OF CONSORTIUM


and (between spouses)
sexual relations <a claim for loss of consortium>. See
LOSS OF CONSORTIUM; CONJUGAL RIGHTS.
filial consortium (fil-ee-;Jl). A child's society, affection,
and companionship given to a parent. [Cases: Parent
and Child
parental consortium. A parent's society, affection, and
companionship given to a child. [Cases: Parent and
Child C=>7.5.]
spousal consortium. A spouse's society, affection, and
companionship given to the other spouse. [Cases:
Husband and Wife C=>209(3, 4).]
2. Hist. The services of a wife or daughter, the loss of
which gives rise to a cause of action. - A husband could,
for example, bring an action against a person who had
injured his wife, "whereby he lost the help or compan
ionship (of his wife)" (per quod consortium amisit). 3. A
group of companies that join or associate in an enter
prise <several high-tech businesses formed a consor
tium to create a new supercomputer>. 4. Roman law. A
community of undivided goods existing among coheirs
after the death ofthe head of their family (paterfamil
ias). PI. consortiums, consortia.
consortium vitae (k,m-sor-shee-;Jm VI-tee). [Law Latin]
Hist. Cohabitation; the agreement between two parties
to live together.
consortship (kon-sort-ship). Maritime law. An agree
ment by which salvors agree to work together to salvage
wrecks, the recovery being apportioned among the
salvors. -Consortships reduce interference among
competing salvors and help prevent collisions at sea
between operators attempting to salvage the same
wreck.
conspicuous, adj. (1534) (Of a term or clause) clearly
visible or obvious. -Whether a printed clause is con
spicuous as a matter oflaw usu. depends on the size
and style ofthe typeface. Under the UCC, a term or
clause is conspiCUOUS if it is written in a way that a
reasonable person against whom it is to operate ought
to notice it. UCC  1-201(10). See FINE PRINT. [Cases:
Sales C=>267.]
conspicuous place. (lSc) For purposes of posting notices,
a location that is reasonably likely to be seen.
conspiracy, n. (14c) An agreement by two or more
persons to commit an unlawful act, coupled with an
intent to achieve the agreement's objective, and (in most
states) action or conduct that furthers the agreement; a
combination for an unlawful purpose. 18 USCA  371.
_ Conspiracy is a separate offense from the crime that
is the object ofthe conspiracy. A conspiracy ends when
the unlawful act has been committed or (in some states)
when the agreement has been abandoned. A conspiracy
does not automatically end ifthe conspiracy's object is

352 conspirator
defeated. See Model Penal Code  5.03(7); United States
v. Jiminez Recio, 537 U.S. 270, 123 S.Ct. 819 (2003).
Also termed criminal conspiracy. Cf. ATTEMPT (2);
SOLICITATION (2). [Cases: Conspiracy ~1.1,23.1.]
conspiratorial, adj.
"Conspiracie (conspiratio) though both in Latine and French
it be used for an agreement of men, to doe any thing either
good or bad: yet in our lawyers bookes, it is alway taken in
the evill part." John Cowell, The Interpreter (1607).
"[Conspiracy is an] elastic, sprawling and pervasive
offense, ... so vague that it almost defies definition.
Despite certain elementary and essential elements, it
also, chameleonlike, takes on a special coloration from
each of the many independent offenses on which it may be
overlaid. It is always 'predominantly mental in composition'
because it consists primarily of a meeting of minds and an
intent." Krulewitch v. United States, 336 U.S. 440, 445-48,
69 S.Ct. 716, 719-20 (1949) (Jackson,J., concurring).
"When two or more persons combine for the purpose of
inflicting upon another person an injury which is unlawful
in itself, or which is rendered unlawful by the mode in
which it is inflicted, and in either case the other person
suffers damage, they commit the tort of conspiracy." P.H.
Winfield, A Textbook of the Law of Tort  128, at 434 (5th
ed. 1950).
bathtub conspiracy. See intra-enterprise conspiracy.
chain conspiracy. (1959) A single conspiracy in which
each person is responsible for a distinct act within
the overall plan, such as an agreement to produce,
import, and distribute narcotics in which each person
performs only one function . All participants are
interested in the overall scheme and liable for all
other participants' acts in furtherance of that scheme.
[Cases: Conspiracy ~24(3).1
"In a 'chain' conspiracy, the court looks to whether the
parties serve as links in a chain. In Blumenthal v. United
States (1947), the Supreme Court found that the parties had
agreed to sell liquor at prices exceeding the ceiling set by
regulations of the Office of Price Administration. The Court
found that the agreements were steps in the formulation
of one larger general conspiracy. By reason of all having
knowledge of the plan's general scope and common end,
the disposing of whiskey, they could be drawn together in
a single conspiracy." Ellen S. Podgor &Jerold H. Israel, White
Collar Crime in a Nutshell 52 (2d ed. 1997).
circle conspiracy. See wheel conspiracy.
civil conspiracy. (1901) An agreement between two or
more persons to commit an unlawful act that causes
damage to a person or property. [Cases: Conspiracy
~1.1.1
conspiracy in restraint oftrade. See RESTRAINT OF
TRADE.
conspiracy to infringe. Intellectual property. An agree
ment by two or more persons to commit an act that
would interfere with the exclusive rights of a patent,
copyright, or trademark owner.  This action is
commonly recognized in trademark law. 18 USCA
 371; 17 USCA  506(a)(l). The Copyright Act does
not provide a basis for alleging a conspiracy to
infringe, but an action is recognized by some states.
The Patent Act provides no basis for an action assert
ing conspiracy to infringe because patent law covers only acts, not threats ofacts. [Cases: Conspiracy ~
8.]
conspiracy to monopolize. Antitrust. A conspiracy
to take exclusive control of a commercial market .
Under  2 ofthe Sherman Act, a conspiracy to monop
olize exists ifthere is a conspiracy or concerted action
directed at a substantial part ofinterstate commerce
with the intent to acquire monopoly power. [Cases:
Antitrust and Trade Regulation ~625.]
hub-and-spoke conspiracy. See wheel conspiracy.
intracorporate conspiracy. A conspiracy existing
between a corporation and its own officers, agents,
or employees . To be prosecutable under federal law,
the conspiracy must involve at least two persons (Le.,
not just the corporation and one person). 18 USCA
 371. A corporation cannot conspire with its employ
ees, and its employees, acting in the scope of their
employment, conspire among themselves. McAndrew
v. Lockheed Martin Corp., 206 F.3d 1031, 1035 (11th
Cir. 2000). [Cases: Conspiracy ~2,40; Corpora
tions ~496.1
intra-enterprise conspiracy. Antitrust. A conspiracy
existing between two subsidiaries, divisions, or other
parts of the same firm. -Also termed bathtub con
spiracy.
seditious conspiracy. (1893) A criminal conspiracy to
forcibly (1) overthrow or destroy the U.S. government,
(2) oppose its authority, (3) prevent the execution of
its laws, or (4) seize or possess its property. 18 USCA
 2384. [Cases: Conspiracy~28(3).1
wheel conspiracy. (1959) A conspiracy in which a single
member or group (the "hub") separately agrees with
two or more other members or groups (the "spokes").
 The person or group at the hub is the only party
liable for all the conspiracies. -Also termed circle
conspiracy; hub-and-spoke conspiracy. [Cases: Con
spiracy ~24(3).1
conspirator, n. (15c) A person who takes part in a con
spiracy.
unindicted conspirator. See unindicted coconspirator
under COCONSPIRATOR.
conspire, vb. To engage in conspiracy; to join in a con
spiracy.
constable (kon-st<:l-b<:ll), n. (13c) 1. A peace officer
responsible for minor judicial duties, such as serving
writs and warrants, but with less authority and smaller
jurisdiction than a sheriff. 2. In the United Kingdom,
a police officer; also, the title ofa police officer. [Cases:
Sheriffs and Constables ~8.1 -constabulary (k<:ln
stab-Y<:l-ler-ee), adj. -constabulary (police station or
force), n.
constablewick (kon-st<:l-b<:ll-wik). Hist. In the United
Kingdom, the territorial jurisdiction of a constable.
Cf. BAILIWICK.
constant dollars. The value ofcurrent money expressed
as a percentage ofits buying power in a previous year as

353 constitution
determined by the consumer price index. -This value
is used as a measure of inflation.
constat (kon-stat), n. [Latin "it is settled"] Hist. A cer
tificate made by the Clerk of the Pipe and the auditors
of the Exchequer at the request of a person intending
to plead in the Court of Exchequer for the discharge
of some item. _ The constat certified what appeared
on record.
constat de persona (kon-stat dee pdr-soh-nd). [Law
Latin] Hist. It is evident what person was meant. _ A
writing that misidentified a person was enforceable if
the true identity of the person was evident from the
remainder. of the document. See DUMMODO CONSTET
DE PERSONA.
constat de subjecto (kon-stat dee sGb-jek-toh). [Law
Latin) Hist. It is clear as to the subject matter (of a
transaction). .
constate (kGn-stayt), vb. To establish, constitute, or
ordain. -Constate usu. appears in relation to corporate
documents; for example, a corporation is constated by
its charter, organic law, or grant of powers to it.
constituency. 1. The body of citizens dwelling in a
defined area and entitled to elect a representative. 2.
The residents of an electoral district.
constituency-based quorum. See interest-based quorum
under QUORUM.
constituent, adj. 1. (Of a component) that helps make up
or complete a unit or a whole <a constituent element of
the criminal offense>. 2. (Of an assembly) able to frame
or amend a constitution <a constituent council>.
constituent, n. (17c) 1. A person who gives another the
authority to act as a representative; a principal who
appoints an agent. 2. Someone who is represented by a
legislator or other elected official. 3. One part ofsome
thing that makes up a whole; an element. constitu
ency, n.
,constituent element. An essential component ofa crime
or cause of action.
constituere (kon-sti-tyoo-G-ree), vb. [Latin "to appoint"]
Hist. To appoint (someone). -Constituere was used
principally in powers of attorney: attornavi et in loco
mea constitui ("I have attorned and put in my place").
constituted annuity. See ANNUITY.
constituted authority. See AUTHORITY (3).
constitutio (kon-sti-t[y]oo-shee-oh), n. [Latin "a decree"]
1. Roman law. An imperial decree; a law issued by the
emperor; later, in the plural form constitutiones, a col
lection oflaws. -The eonstitutiones took various forms,
including orationes (laws submitted to the Senate),
edieta (laws usu. of a general character put forth
by the emperor), mandata (administrative directives to
imperial officials), decreta (decisions by the emperor in
legal cases), and reseripta (the emperor's responses to
questions posed by litigants or imperial officials). Over
time, the rapidly increasing number of eonstitutiones
prompted their arrangement into collections such as
the Theodosian Code and the Code of Justinian. They were the sole form oflegislation after the third century
A.D. PI. constitutiones (kon-sti-t[yjoo-shee-oh-neez).
Also termed (collectively) eonstitutiones principum. See
CODEX THEODOSIANUS; JUSTINIAN CODE.
"The name constitutiones, applied to the law-making
utterances of the Roman emperors, had a very different
meaning from our word 'constitution,' used to denote
the fundamental, organic law of the state, Every official
public document issuing from the emperor, and creating,
declaring, or modifying law, was a constitutio . ... [Alnd
it is hardly necessary to say that, although profeSSing to
come from the person of the emperor, they were actually
composed by jurists, and usually by those who stood first
in their profession." James Hadley, Introduction to Roman
Law 6-7 (1881).
2. Civil law. A settlement achieved without a trial;
the sum paid according to the settlement. 3. Hist. In
England, a statute; a provision of


without a trial;
the sum paid according to the settlement. 3. Hist. In
England, a statute; a provision of a statute. PI. consti
tutiones (kon -sti-t[yJoo-shee-oh- neez).
constitution. (18c) 1. The fundamental and organic law
ofa nation or state that establishes the institutions and
apparatus ofgovernment, defines the scope ofgovern
mental sovereign powers, and guarantees individual
civil rights and civil liberties. [Cases: Constitutional
Law C='500.] 2. The written instrument embodying
this fundamental law, together with any formal amend
ments.
flexible constitution. A constitution that has few or no
special amending procedures. -The British Constitu
tion is an example. Parliament can alter constitutional
principles and define new baselines for government
action through ordinary legislative processes. The
Canadian Constitution also grants its legislature
some limited ability to amend the Constitution by
legislation.
rigid constitution. A constitution whose terms cannot
be altered by ordinary forms of legislation, only by
special amending procedures. _ The U.S. Constitu
tion is an example. It cannot be changed without the
consent of three-fourths of the state legislatures or
through a constitutional convention. U.S. Const. art.
V.
unwritten constitution. 1. The customs and values,
some of which are expressed in statutes, that proVide
the organic and fundamental law of a state or country
that does not have a Single written document func
tioning as a constitution. -In British constitutional
law, the constitution is a collection of historical docu
ments, statutes, decrees, conventions, traditions, and
royal prerogatives. Documents and statutes include
Magna Carta (1215), the Bill of Rights (1689), and the
European Communities Act (1972). 2. The implied
parts of a written constitution, encompassing the
rights, freedoms, and processes considered to be
essential, but not explicitly defined in the written
document. -Many aspects of an unwritten consti
tution are based on custom and precedent. The U.S.
Constitution does not, for example, give the Supreme
Court the power to declare laws unconstitutional but
the Court does so without question. Nor does the
Constitution expressly guarantee a right of privacy,

but the Supreme Court has declared that the right
exists and is protected. See PENUMBRA; RIGHT OF
PRIVACY.
3. A nation's history ofgovernment and institutional
development. _ This was the standard definition before
the United States produced the first written constitu
tion. It remains current in Great Britain and other
nations that have unwritten constitutions. 4. Parlia
mentary law. A governing document adopted by an
organization for its internal governance and its external
dealings. _ The constitution may be an organization's
most authoritative governing document, but if the
organization has also received a charter or adopted
articles of incorporation or association, then the con
stitution is subordinate to them. If the organization has
also adopted bylaws, then the bylaws are subordinate to
(and usu. more easily amended than) the constitution.
The constitution and bylaws are sometimes contained
in a single document. See governing document under
DOCUMENT. Cf. BYLAW (1).
constitutional, adj. (18c) 1. Ofor relating to a constitu
tion <constitutional rights>. 2. Proper and valid under
a constitution <constitutional actions>.
constitutional challenge. See CHALLENGE (1).
constitutional convention. See CONVENTION (2).
constitutional court. See COURT.
constitutional-fact doctrine. 1. The rule that federal
courts are not bound by an administrative agency's
findings of fact when the facts involve whether the
agency has exceeded constitutional limitations on its
power, esp. regarding personal rights. -The courts
reviewed the facts de novo to afford protection of con
stitutional rights. Although it has not been overruled
or wholly discredited, this rule has fallen out of favor.
[Cases: Administrative Law and Procedure C:=>783,
784.1.] 2. The rule that a federal appellate court is not
bound by a trial court's findings of fact when consti
tutional rights are implicated, specifically in citizen
ship-determination and First Amendment cases. See,
e.g., Bose Corp. v. Consumers Union, 466 U.S. 485,104
S.Ct. 1949 (1984). Cf. JURISDICTIONAL-FACT DOCTRINE.
[Cases: Federal Courts
constitutional freedom. (1822) A basic liberty guaran
teed by the Constitution or Bill of Rights, such as the
freedom of speech. -Also termed constitutional pro
tection; constitutional liberty.
constitutional guarantee. A promise contained in the
United States Constitution that supports or establishes
an inalienable right, such as the right to due process.
[Cases: Constitutional Law C:=> 1050.J
constitutional homestead. See HOMESTEAD.
constitutional immunity. See IMMUNITY (1).
constitutionality, n. The quality or state of being con
stitutional <the constitutionality ofthe senator's bill is
questionable>.
constitutionalize, vb. (1831) 1. To provide with a consti
tution <constitutionalize the new government>. 2. To make constitutional; to bring in line with a constitution
<the court plans to constitutionalize the segregated
school district>. 3. To make a constitutional question
out of (a question oflaw); to subject (issue, etc.) to the
burden of passing constitutional muster <the dissenter
accused the majority of unnecessarily constitutional
izing its the issue>.
constitutional law. (18c) 1. The body of law deriving
from the U.S. Constitution and dealing primarily with
governmental powers, civil rights, and civil liberties. 2.
The body oflegal rules that determine the constitution
of a state or country with an unwritten constitution.
Cf. STATUTORY LAW; COMMON LAW. 3. The field ofIaw
dealing with aspects ofconstitutional provisions, such
as restrictions on government powers and guarantees
of rights.
constitutional liberty. See CONSTITUTIONAL FREEDOM.
constitutional limitation. (18c) A constitutional provi
sion that restricts the powers ofa governmental branch,
department, agency, or officer.
constitutional majority. See majority ofall the members
under MAJORITY.
constitutional malice. See actual malice (2) under
MALICE.
constitutional monarchy. See limited monarchy under
MONARCHY.
constitutional office. A public position that is created by
a constitution, rather than by a statute.
constitutional officer. See OFFICER (1).
constitutional protection. See CONSTITUTIONAL
FREEDOM.
constitutional question. (18c) A legal issue resolvable
by the interpretation of a constitution, rather than a
statute.
constitutional right. (18c) A right guaranteed by a con
stitution; esp., one guaranteed by the U.S. Constitution
or by a state constitution.
constitutional taking. See TAKING (2).
constitutional tort. See TORT.
constitutiones principum (kon-sti-t[yJoo-shee-oh-neez
prin-sip-a). [LatinJ See CONSTITUTIO.
Constitutions ofClarendon. Hist. A 12th-century state
ment of customary law, produced during the reign of
Henry II, intended to limit the jurisdiction of the eccle
siastical courts and narrow the clergy's exemption from
secular justice.
"During the first half of the twelfth century the claims of
the church were growing, and the duty of asserting them
passed into the hands of men who were not mere theo
logians but expert lawyers. Then, as ali know, came the
quarrel between Henry and Becket. In the Constitutions
of Clarendon (1164) the king offered to the prelates a
written treaty, a treaty which, so he said, embodied the
'customs' of his ancestors, more especially of his grandfa
ther. Becket, after some hesitation, rejected the constitu
tions. The dispute waxed hot; certain of the customs were
condemned by the pope. The murder followed .... [F]
rom [Henry's] time onwards the lay courts, rather than the

355
spiritual, are the aggressors and the victors in almost every
contest:' 1 Frederick Pollock & Frederic W, Maitland, The
History of English Law 124~25 (2d ed, 1898),
constitutor (kon-stJ-t[y]oo-tJr), n. [Latin "an orderer,
arranger"] Roman law. A person who, by agreement,
becomes responsible for the payment ofanother's debt.
constitutum (kon-sti-t[y]oo-tdm), n. [Latin "agreed
arrangement"] Roman law. 1. An agreement to pay an
existing debt, either one's own or another's, on a fixed
day. A constitutum was not a novation; the creditor
could still sue the original debtor. It differed from a
stipulation because it had to be for an existing debt.
If the pron1ise was to pay one's own debt, it was called
constitutum debiti proprii. Ifit was to pay another's
debt, then it was constitutum debiti alieni. 2. The fixing
ofa day for the repayment of money owed.
constitutum debit; (kon-sti-t[y]oo-tJm deb-J-tI). [Latin
"debt agreement"] Roman law. See CONSTITUTUM (1).
constitutum debiti alieni (kon-sti-t[y]oo-tJm deb-J-tI
ay-Iee-J-nI). [Latin" debt agreement"] Roman law. See
CONSTITUTUM (1).
constitutum debiti proprii (kon-sti-t[y]oo-tJm deb-J-tI
proh-pree-I). [Latin "debt agreement"] Roman law. See
CONSTITUTUM (1).
constitutum possessorium (kon-sti-t[y]oo-tam pah-ses
sor-ee-am). [Latin "possessory agreement"] Roman law.
1. A type of constructive delivery in which mediate
possession is transferred while the immediate control
or custody remains in the transferor. 2. The agree
ment by which this transfer is brought about.  In the
context ofa security interest, the pledged property may
remain in the possession of the debtor, but as bailee
of the creditor. For the other two types of construc
tive delivery, see ATTORNMENT; BREVI MANU. Also
termed traditio longa manu (tra-dish-ee-oh long-gJ
man-yoo).
"[Another] form of constructive delivery is that which the
commentators on the civil law have termed constitutum
possessiorum . , . , Any thing may be effectually delivered
by means of an agreement that the possessor of it shall
for the future hold it no longer on his own account but
on account of someone else, . , . [I]f I buy goods from a
warehouseman, they are delivered to me so soon as he has
agreed with me that he will hold them as warehouseman
on my account. The position is then exactly the same as if
I had first taken actual delivery of them, and then brought
them back to the warehouse, and deposited them there for
safe custody," John Salmond, Jurisprudence 306 (Glanville
L. Williams ed., 10th Ed. 1947).
construction, n. (14c) 1. The act ofbuilding by combin
ing or arranging parts or elements; the thing so built.
2. The act or process of interpreting or explaining the
sense or intention of a writing (usu. a constitution,
statute, or instrument); the ascertainment of a docu
ment's meaning in accordance with judicial standards.
[Cases: Contracts 143; Statutes C=' 174.] con
struct (for sense 1), vb. construe (for sense 2), vb.
"Construction, as applied to written law, is the art or process
of discovering and expounding the meaning and intention
of the authors of the law with respect to its application to
a given case, where that intention is rendered doubtful
either by reason of apparently conflicting provisions or construction
directions, or by reason of the fact that the given case
is not explicitly provided for in the law:' Henry Campbell
Black, Handbook on the Construction and Interpretation of
the Laws 1 (1896),
"Some authors have attempted to introduce a distinction
between 'interpretation' and 'construction.' Etymologically
there is, perhaps, such a distinction; but it has not been
accepted by the profession. For practical purposes any
such distinction may be ignored, in view of the real object
of both interpretation and construction, which is merely to
ascertain the meaning and will of the lawmaking body, in
order that it may be enforced." William M. Lile et aI., Brief
Making and the Use ofLaw Books 337 (3d ed. 1914).
"There is no explanation of the distinction between inter
pretation and construction [in Blackstone], nor can it be
inferred from the matters dealt with under each head,
The distinction is drawn in some modern works, but it is
not taken in this book because it lacks an agreed basis.
Some writers treat interpretation as something which is
only called for when there is a dispute about the meaning
of statutory words, while speaking of construction as a
process to which all statutes, like all other writings, are nec
essarily subject when read by anyone. Others treat inter
pretation as something which is mainly concerned with the
meaning of statutory words, while regarding construction
as a process which mainly relates to the ascertainment of
the intention of the legislature." Rupert Cross, Statutory
Interpretation 18 (1976).
construction ut res magis valeat quam pereat (bn
strak-sh;)n at rays [or reez or rezl may-jis vay-Iee-at
kwam peer-ee-at). [Latin "a construction that gives
effect to the matter rather than haVing it fail"] A
construction arrived at when alternative readings
are possible, one ofwhich (usu. the broader reading)
would achieve the manifest purpose ofthe document
and one ofwhich (usu. the narrower reading) would
reduce it to futility or absurdity, whereby the inter
preter chooses the one that gives effect to the docu
ment's purpose. [Cases: Contracts


, whereby the inter
preter chooses the one that gives effect to the docu
ment's purpose. [Cases: Contracts 153; Patents
0157(2); Statutes C--:-:>181(2).]
contemporaneous construction. An interpretation
given at or near the time when a writing was prepared,
usu. by one or more persons involved in its prepara
tion. -Also termed practical construction; practical
interpretation; contemporaneous and practical inter
pretation. See CONTEMPORANEOUS-CONSTRUCTION
DOCTRINE. [Cases: Contracts 170; Statutes
218,219(1).J
liberal construction. (17c) An interpretation that
applies to a writing in light ofthe situation presented
and that tends to effectuate the spirit and purpose of
the writing. Also termed eqUitable construction;
loose construction; broad interpretation. Cf. strict con
struction. [Cases: Contracts C::::-143.]
"liberal construction. , . expands the meaning of the
statute to embrace cases which are clearly within the
spirit or reason of the law, or within the evil which it was
designed to remedy, provided such an interpretation is not
inconsistent with the language used. It resolves all reason
able doubts in favor of the applicability of the statute to
the particular case." William M. Lile et aI., BriefMaking and
the Use ofLaw Books 343 (3d ed. 1914),
literal construction. See strict construction.
loose construction. See liberal construction.

practical construction. See contemporaneous construc
tion.
purposive construction (pdr-pd-siv). An interpreta
tion that looks to the "evil" that the statute is trying
to correct (i.e., the statute's purpose). Also termed
teleological interpretation. See liberal construction.
statutory construction. See STATUTORY CONSTRUC
TION.
strict construction. (16c) 1. An interpretation that
considers only the literal words ofa writing. Also
termed literal construction; literal interpretation. See
STRICT CONSTRUCTIONISM. [Cases: Contracts
143.J 2~ A construction that considers words narrowly,
usu. in their historical context. _ This type of con
struction treats statutory and contractual words with
highly restrictive readings. -Also termed strict inter
pretation. 3. The philosophy underlying strict inter
pretation ofstatutes. See strict constructionism under
CONSTRUCTIONISM. [Cases: Statutes <>:::) 189,235.]
"Strict construction of a statute is that which refuses to
expand the law by implications or equitable consider
ations, but confines its operation to cases which are clearly
within the letter of the statute, as well as within its spirit
or reason, not so as to defeat the manifest purpose of
the Legislature, but so as to resolve all reasonable doubts
against the applicability of the statute to the particular
case." William M. Lile et aI., BriefMaking and the Use ofLaw
Books 343 (3d ed. 1914).
"Strict interpretation is an equivocal expression, for it
means either literal or narrow. When a provision is ambigu
ous, one of its meanings may be wider than the other, and
the strict (Le.. narrow) sense is not necessarily the strict
(Le., literal) sense." John Salmond, Jurisprudence 171 n.(t)
(Glanville L Williams ed., 10th ed. 1947).
construction bond. See BOND (3).
construction contract. See CONTRACT.
construction financing. See interim financing under
FINANCING.
constructionism. A judicial approach to interpreting
the text ofstatutes, regulations, constitutions, and the
like.
broad constructionism. See liberal constructionism.
liberal constructionism. Broad interpretation of a
text's language, including the use of related writings
to clarify the meanings ofthe words, and possibly also
a consideration of meaning in both contemporary
and current lights. -Also termed broad construc
tionism; loose constructionism.
loose constructionism. See liberal constructionism.
strict constructionism, n. (1892) The doctrinal view
of judicial construction holding that judges should
interpret a document or statute (esp. one involving
penal sanctions) according to its literal terms, without
looking to other sources to ascertain the meaning.
Also termed strict construction; literal canon; literal
rule; textualism.[Cases: Contracts (;:::;; 143(1); Statutes
241(1).] -strict constructionist, n.
constructionist. One who interprets a controlling text,
such as a statute, constitution, or the like. broad constructionist. See liberal constructionist.
liberal constructionist. A decision-maker who derives
the meaning of a text's language not only from the
words but from reasonable inferences drawn from
the words and from other sources, such as a statute's
legislative history. -A liberal constructionist may
also consider the reasonableness ofan interpretation
under modern social mores. Also termed broad
constructionist, loose constructionist. See liberal con
structionism under CONSTRUCTIONISM. Cf. strict con
structionist.
loose constructionist. See liberal constructionist.
strict constructionist. A decision-maker who derives a
text's meaning narrowly, using tools such as original
ism or textualism, and applies the text according to
that meaning. See ORIGINALISM; strict construction
ism under CONSTRUCTIONISM. Cf. liberal construc
tionist.
"Under the stimulus of political agitation in the early days
of the republic over the powers conferred by the constitu
tion two rival schools of interpretations sprang up. The
ones terming themselves strict constructionists held that
the language of the constitution should be construed lit
erally and conservatively, while the other party held with
equal fervor that the instrument should be construed lib
erally and according to the spirit rather than the
so that they were denominated loose constructionists.
Jesse Franklin Brumbaugh, Legal Reasoning and Briefing
129(1917).
construction lien. See mechanic's lien under LIEN.
construction loan. See building loan under LOAN.
construction mortgage. See MORTGAGE.
construction statute. See STATUTE.
construction warranty. See WARRANTY (2).
constructive, adj. (17c) Legally imputed; existing by
virtue of legal fiction though not existing in fact. _
Courts usu. something a constructive effect for
equitable reasons <the court held that the shift supervi
sor had constructive knowledge ofthe machine's failure
even though he did not actually know until two days
later>. See LEGAL FICTION. Cf. ACTUAL.
constructive abandonment. 1. Family law. See construc
tive desertion under DESERTION. 2. Intellectual property.
ABANDONMENT (10).
constructive adverse possession. See ADVERSE POSSES
SION.
constructive amendment of indictment. See AMEND
MENT OF INDICTMENT.
constructive assent. See ASSENT.
constructive authority. See AUTHORITY (1).
constructive bailment. See BAnMEKT.
constructive breach. See anticipatory breach under
BREACH OF CONTRACT.
constructive breaking into a house. See constructive
housebreaking under HOUSEBREAKING.
constructive condemnation. See inverse condemnation
under CONDEMNATION.

357
constructive condition. See CONDITION (2).
constructive contempt. See indirect contempt under
CONTEMPT.
constructive contract. See implied-in-Iaw contract under
CONTRACT.
constructive conversion. See CONVERSION (2).
constructive crime. See CRIME.
constructive custody. See CUSTODY (1).
constructive delivery. See DELIVERY.
constructive desertion. See DESERTION.
constructive,discharge. See DISCHARGE (7),
constructive dividend. See DIVIDEND.
constructive emancipation. See EMANCIPATION.
constructive escape. See ESCAPE (2).
constructive eviction. See EVICTION.
constructive force. See FORCE.
constructive fraud. See FRAUD.
constructive housebreaking. See HOUSEBREAKING.
constructive inteut. See INTENT (1).
constructive knowledge. See KNOWLEDGE.
constructive larceny. See LARCENY.
constructive loss. See constructive total loss (1) under
LOSS.
constructive malice. See implied malice under MALICE.
constructive murder. Seefelony murder under MURDER.
constructive notice. See NOTICE.
constructive occupancy. See OCCUPANCY.
constructive parent. See equitable parent under
PARENT.
constructive payment. See PAYMENT.
c;onstructive possession. See POSSESSION.
constructive presence. See PRESENCE.
constructive-receipt doctrine. (1936) The rule that gross
income under a taxpayer's control before it is actually
received (such as accumulated interest income that has
not been withdrawn) must be included by the taxpayer
in gross income, unless the actual receipt is subject to
significant constraints. IRC (26 USCA)  451. [Cases:
Internal Revenue ~3081, 3118.]
constructive reduction to practice. See REDUCTION TO
PRACTICE.
constructive search. See SEARCH.
constructive seisin. See seisin in law under SEISIN.
constructive seizure. See SEIZURE.
constructive service. 1. See SERVICE (2). 2. See DOCTRINE
OF CONSTRUCTIVE SERVICE (2).
constructive taking. See TAKING (1).
constructive total loss. See LOSS.
constructive transfer. See TRANSFER. consul
constructive treason. See TREASON.
constructive trespass. See trespass to chattels under
TRESPASS.
constructive trust. See TRUST.
construe (bn-stroo), vb. (14c) To analyze and explain
the meaning of(a sentence or passage) <the court con
strued the language of the statute>.
constuprate (kon-st[y]<l-prayt), vb. Archaic. To rape or
violate (a person).
consuetudinarius (kon-swd-t[y]oo-di-nair-ee-ds). [fro
Latin consuetudo "custom"] Hist. Eccles. law. A book
containing the rites and forms of divine offices or
customs ofabbeys and monasteries.
consuetudinary law. See LAW.
Consuetudines Feudorum (kon-swd-t[y]oo-di-neez
fyoo-dor-dm). [Law Latin "the customs of fiefs"] Hist.
See FEUDORUM LIBRI.
consuetudinibus et serviciis (kon-swd-t[y]oo-din-d-bds
et sdr-vish-ee-is). [Law Latin "customs and services"]
Hist. A writ of right that lay against a tenant who
withheld rent or services from the lord.
consuetudo (kon-swd-t[y]oo-doh), n. [Latin "custom"]!.
Roman law. Custom; long-established usage or practice.
2. Hist. Customary law. _ Consuetudo generally bears
this sense, referring to law that has been long approved
by the will ofthe people. It is a broad term that includes
both the common law and the statutory law ofEngland.
3. Hist. A duty or tax.
consuetudo anglican a (kon-swd-t[yJoo-doh ang-gli
kay-nd). [Law Latin "the custom of England"] Hist. The
English common law, as distinguished from Roman
or civil law.
consuetudo curiae (kon-sw<l-t[y]oo-doh kyoor-ee-ee).
[Latin] Hist. The custom or practice ofa court.
consuetudo mercatorum (kon-swa-t[y]oo-doh mdr-kd
tor-dm). [Latin "the custom of merchants"] Hist. See
LAW MERCHANT. -Also termed consuetudo merca
toria.
consul (kon-sal), n. 1. A governmental representative
living in a foreign country to oversee commercial and
other matters involving the representative's home
country and its citizens in that foreign country.
Consuls are not diplomatic agents, so unless a treaty
provides otherwise, they do not enjoy diplomatic
privileges and immunities. But consuls are entitled to
consular immunities, which protect them from local
law and jurisdiction in the exercise oftheir consular
functions. [Cases: Ambassadors and Consuls
1-8.] consular (kon-s<'l-ldr), adj. consulship (kon
sdl-ship), n.
"The commerCial agents of a government, residing in
foreign parts, and charged with the duty of promoting the
commercial interests of the state, and especially of its indi
vidual citizens or subjects, are called consuls. These, under
the regulations of some countries, are of different grades,
being either consuls-general. consuls, or vice-consuls, from
whom consular agents differ little." Theodore D. Woolsey,

consular court 358
Introduction to the Study of International Law  99, at 159
(5th ed. 1878).
"Consuls are commercial, not diplomatic agents. They
reside abroad for the purpose of protecting the individual
interests of traders, travellers, and mariners belonging to
the 5tate which employs them .... They exercisejurisdic
tion over their countrymen, their persons are inviolable,
their residences may be used as asylums in the case of war
or tumult, and in fact they more than the ordinary
diplomatiC immunities." T.). A Handbook ofPublic
International Law 86-87 (lOth ed. 1925).
"Consuls are not diplomatic agents; they perform various
services for a state or its subjects in another state, without,
however, representing the former in the full sense. They
may be nationals of either and generally they are
made subject to the authority diplomatic representa'
tive of the state for which they act. They watch over com
mercial interests of the state for which they act; collect
information for it; help its nationals with advice, administer
their property if they die abroad, and register their births,
deaths, and marriages; they authenticate documents for
legal purposes, take depositions from witnesses, visa
passports, and the like." j.L. Brierly, The Law of Nations
216 (5th ed


visa
passports, and the like." j.L. Brierly, The Law of Nations
216 (5th ed. 1955).
"The usual criterion used for the distinction between dip
lomats and consuls is the representative character of the
former of which the latter are devoid. However, this dis
tinction is not altogether correct. Undoubtedly diplomatic
agents have a general representative character since in
all matters and relations they represent their country in
the state to which they are accredited. Consuls, on the
other hand, as state organs, also represent their country in
another state, but only in matters within their competence.
Thus, the representative character of consuls is, like their
competence, specific, and secondary to that of diplomatic
agents." Constantin Economides, "Consuls," in 1 Encvclo
pedia of Public International Law 770 (1992).
consul general. A high-ranking consul appointed to a
strategically important region and often having super
visory powers over other regions or other consuls.
2. Roman law. One of two chief magistrates elected
annually during the Republic to exercise supreme
authority. _ Under the Empire, the consulship was
reduced to a sinecure, held by appointees of the emperor
or the emperor himself.
'The prinCipal inheritors ofthe royal authority and dignity
were the two consuls elected by the comitia centuriata.
They enjoyed equal powers. In the calendar the year was
distinguished by their names. They convoked and initi
ated legislation in either comitia. In special emergencies,
particularly in times of grave crisiS, either consul might
appoint a dictator who exercised supreme authority, but
not beyond six months, unless re-appointed .... it was
abolished by Justinian in A.D. 541, though later emperors
continued to assume the title." R.w. Lee, The Elements of
Roman Law 14 (4th ed. 1956).
consular court. See COURT.
consular invoice. See INVOICE.
consular jurisdiction. The exercise ofa judicial function
by a consul in a foreign territory, as by performing a
wedding ceremony between nationals of the country
represented by the consul. [Cases: Ambassadors and
Consuls (;::::::>S.J
consular law. The law relating to consuls, developed
through custom and multitudes of bilateral consular
agreements. consular marriage. See MARRIAGE (1).
consular relations. Int'llaw. The aggregate of relations
established between two countries through the exercise
ofconsuls' functions on behalf ofa sending state within
the territory of a receiving state. See sending state and
receiving state under STATE.
consulate (kon-s;J-lit). 1. The office or jurisdiction of
a consul <the senator advised the businessman to
notify the U.S. consulate in Kuwait before the
countrv>. [Cases: Ambassadors and Consuls
2. The iocation of a consul's office or residence
family was staying on the second floor, just above the
Turkish consulate>.
foreign consulate. The consulate ofa foreign country
in the receiving state.
3. Government by consuls <after the French Revolu
tion, the Directory was overthrown and the Consulate
was created>. -This sense ofconsulate is based on the
original Roman meaning ("chief magistrate") not
on the modern sense of an overseas representative of
a country.
consul general. See CONSUL.
consultation, n. (lSc) 1. The act of asking the advice or
opinion of someone (such as a lawyer). 2. A meeting in
which parties consult or confer. 3. Int'llaw. The interac
tive methods by which states seek to prevent or resolve
disputes. -consult, vb. consulting, consultative,
adj.
consultative exam. As a foundation for an expert
opinion, a check-up performed by a qualified medical
professional to determine whether a person has a
mental or physical disability, and, if so, the extent of
the disability and expectations for improvement.
consulting expert. See EXPERT.
consumable, n. (1802) A thing (such as food) that cannot
be used without changing or extinguishing its sub
stance. Cf. NONCONSUMABLE. consumable, adj.
consumer. (ISc) A person who buys goods or services for
personal, family, or household use, with no intention of
resale; a natural person who uses products for personal
rather than business purposes. [Cases: Antitrust and
Trade Regulation (;:::;> 141.]
consumer boycott. See BOYCOTT.
consumer confusion. Trademarks. The incorrect percep
tion formed by a purchaser or user about a product's
or service's manufacturer or origin. -The mistake usu.
occurs when a product or service is marketed in a way
that makes it appear to be affiliated with a well-known
product, service, or provider. Also termed actual
consumer confusion; user confusion; actual user confu
sion. [Cases: Consumer Credit
consumer-contemplation test. (1979) A method of
imposing product liability on a manufacturer if the
evidence shows that a product's danger is greater than
that which a reasonable consumer would expect.
Also termed cOrlsumer-user-corltemplation test; con

359
sumer-expectation test. Cf. RISK-UTILITY TEST. [Cases:
Products Liability C=::' 119, 130.]
consumer credit. See CREDIT (4).
Consumer Credit Code. See UNIFORM CONSUMER
CREDIT CODE.
Consumer Credit Protection Act. A federal statute
that safeguards consumers in the use of credit by (1)
requiring full disclosure of the terms of loan agree
ments, including finance charges, (2) restricting the
garnishment of wages, and (3) regulating the use of
credit cards. 15 USCA  1601-1693. Many states
have also adopted consumer-credit-protection acts. -
Abbr. CCPA. -Also termed Truth in LendingAct (abbr.
TILA). See UNIFORM CONSUMER CREDIT CODE. [Cases:
Consumer Credit C=::'30.]
consumer-credit sale. See SALE.
consumer-credit transaction. (1954) A transaction by
which a person receives a loan to buy consumer goods
or services. Consumer-credit transactions are usu.
subject to regulations enacted for the consumer's pro
tection. [Cases: Consumer Credit C=::' 1, 3.]
consumer debt. See DEBT.
consumer-expectation test. See CONSUMER-CONTEM
PLATION TEST.
consumer finance company. See FINANCE COMPANY.
consumer goods. See GOODS.
consumer-goods transaction. Secured transactions. A
transaction in which (1) an individual incurs an obli
gation primarily for a personal, family, or household
purpose, and (2) a security interest in consumer goods
secures the obligation. UCC  9-102(a)(24). [Cases:
Secured Transactions C=::' 15.]
consumer law. (1966) The area of law dealing with
consumer transactions -that is, a person's obtaining
credit, goods, real property, or services for personal,
family, or household purposes. -Also termed con
sumer-transactions law.
consumer lease. See LEASE.
consumer loan. See LOAN.
consumer price index. An index that tracks the price of
goods and services purchased by the average consumer
and that is published monthly by the U.S. Bureau of
Labor Statistics . The consumer price index is used
to monitor periodic changes in the rate ofinflation. -
Abbr. CPr. -Also termed cost-oj-living index. Cf.
PRODUCER PRICE INDEX.
consumer product. (1949) An item ofpersonal property
that is distributed in commerce and is normally used
for personal, family, or household purposes. 15 USCA
 2301(1).
Consumer Product Safety Commission. An indepen
dent federal regulatory commission that develops
safety standards for consumer products and promotes
research into the causes and prevention of product
related deaths, illnesses, and injuries. It was estabcontango
lished in 1972. 15 USCA  2051 et seq. -Abbr. CPsc.
[Cases: Antitrust and Trade Regulation C=::'232.]
consumer-protection law. (I954) A state or federal
statute designed to protect consumers against unfair
trade and credit practices involving consumer goods,
as well as to protect consumers against faulty and dan
gerous goods. [Cases: Antitrust and Trade Regulation
C=::' 128; Consumer Credit C=::' 1.]
consumer transaction. A bargain or deal in which a
party acquires property or services primarily for a
personal, family, or household purpose.
consumer-transactions law. See CONSUMER LAW.
consumer-user-contemplation test. See CONSUMER
CONTEMPLATION TEST.
consummate (bn-sam-it or kahn-sa-mit), adj. Com
pleted; fully accomplished . Consummate was often
used at common law to describe the status ofa contract
or an estate, such as the transformation ofa husband's
interest in his wife's inheritance from that ofa tenant by
the curtesy initiate to a tenant by curtesy consummate
upon the wife's death (assuming that a child had been
born during the marriage). See curtesy consummate
under CURTESY. -consummation, n.
consummate (kon-sd-mayt), vb. (16c) 1. To bring to com
pletion; esp., to make (a marriage) complete by sexual
intercourse. 2. To achieve; to fulfill. 3. To perfect; to
carry to the highest degree.
consummate dower. See DOWER.
consummate lien. See LIEN.
consummation ofmarriage. Family law. The first post
marital act of sexual intercourse between a husband
and wife . Under canon law, a refusal to consummate
the marriage may be grounds for an annulment or for
divorce. But this is not so at common law or under
modern state law. [Cases: Marriage C=::'33.]
consumption. (14c) The act of destroying a thing by
using it; the use of a thing in a way that exhausts it.
consumption tax. See TAX.
contagion. Int'//aw. A discredited doctrine holding that
revolution or abhorrent practices in a neighboring state
justify its invasion and the overthrow of its government
on the grounds of national security . The doctrine was
employed by the Holy Alliance (1815-1848) in Europe
to invade countries where revolutions were brewing.
Also termed doctrine ojcontagion.
containing by estimate. Archaic. More or less. This
phrase usu. appears in deeds in which measurements
are made by metes and bounds. It is redundant when
the phrase "more or less" is used.
containment. Int'llaw. A policy of restricting the ideo
logical or territorial expansion of one's enemy . This
was the basic policy of the United States during the
Cold War.
contango (kdn-tang-goh), n. Securities. 1. A market in
which long-term futures or options contracts sell at a
premium over short-term contracts. -Also termed

360 contemn
normal market. 2. The premium so paid. The premium
paid for securities with longer maturities reflects the
cost of holding the commodity for future delivery.
contemn (k;m-tem), vb. To treat (as laws or court orders)
with contemptuous disregard. See CONTEMPT.
contemnor (k;m-tem-<"lr or -n<"lr or -nor). (16c) A person
who is guilty ofcontempt before a governmental body,
such as a court or legislature. -Also spelled contem
ner.
contemplation of bankruptcy. The thought of declar
ing bankruptcy because of the inability to continue
current financial operations, often coupled with action
designed to thwart the distribution ofassets in a bank
ruptcy proceeding. -Also termed contemplation of
insolvency.
contemplation ofdeath. (18c) The thought ofdying, not
necessarily from imminent danger, but as the compel
ling reason to transfer property to another. See gift
causa mortis under GIFT. [Cases: Gifts C=:>59; Internal
Revenue C=:>4159(2).]
contemplation of insolvency. See CONTEMPLATION OF
BANKRUPTCY.
contemporanea expositio (bn-tem-p<"l-ray-nee-<"l eks-p<"l
zish-ee-oh). [Latin "contemporaneous exposition"] The
doctrine that the best meaning ofa statute or document
is the one given by those who enacted it or signed it,
and that the meaning publicly given by contemporary
or long professional usage is presumed to be the correct
one, even ifthe language may have a popular or an ety
mological meaning that is very different.
contemporaneous and practical interpretation. See
contemporaneous construction under CONSTRUCTION.
contemporaneous construction. See CONSTRUCTION.
contemporaneous-construction doctrine. (1956) The
rule that the initial interpretation of an ambiguous
statute by an administrative agency or lower court is
entitled to great deference ifthe interpretation has been
used over a long period. [Cases: Statutes C=:>218, 219.]
contemporaneous-objection rule. (1965) The doctrine
that a timely and proper objection to the admission of
evidence must be made at trial for the issue of admis
sibility to be considered on appeal.  An objection is
timely ifit is made as soon as practicable and is proper
if made formally on the record. These requirements
afford the trial court an opportunity to correct the
alleged error, and they preserve the issue for appeal.
[Cases: Appeal and Error C=:>230; Criminal Law C=:>
1036.1; Federal Courts C=:>62l.]
contemporary community standards. (1957) The
gauge by which a fact-finder decides whether material
is obscene, judging by its patent offensiveness and its
prurience in the locale at a given time. See OBSCENITY
(1). [Cases: Obscenity C=:> 1.4.]
"Both pruriency and patent offensiveness


). [Cases: Obscenity C=:> 1.4.]
"Both pruriency and patent offensiveness are determined
by 'contemporary community standards.' But what is the
relevant community7 In Miller [v. California], the Court
rejected the contention that only a national community
standard, free of local biases, would provide adequate First Amendment protection and allowed lower courts to
use local standards in defining what is obscene. Subse
quent cases have made it clear that the state may choose
to omit reference to any particular geographic commu
nity, state or local, although it may do so. If a geographic
reference is omitted, each jury is free to ascertain the
contemporary community standard." Jerome A. Barron &
C. Thomas Dienes, Constitutional Law in a Nutshell 396
(3d ed. 1995).
contempt, n. (14c) 1. The act or state of despising; the
condition ofbeing despised. 2. Conduct that defies the
authority or dignity ofa court or legislature. Because
such conduct interferes with the administration of
justice, it is punishable, usu. by fine or imprisonment.
Fed. R. Civ. P. 45(e); Fed. R. Crim. P. 42; 18 USCA  40l.
See CONTUMACY. -Also termed contempt ofcourt;
judicial contempt. [Cases: Contempt C=:> 1-26; States
C=:>40.] -contemptuous, adj.
"Contempt is a disregard of, or disobedience to, the rules
or orders of a legislative or judicial body, or an interrup
tion of its proceedings by disorderly behavior or insolent
language, in its presence or so near thereto as to disturb
the proceedings or to impair the respect due to such a
body." Edward M. Dangel, Contempt  1, at 2 (1939).
civil contempt. (1884) The failure to obey a court
order that was issued for another party's benefit.  A
civil-contempt proceeding is coercive or remedial in
nature. The usual sanction is to confine the contem
nor until he or she complies with the court order. The
act (or failure to act) complained of must be within
the defendant's power to perform, and the contempt
order must state how the contempt may be purged.
Imprisonment for civil contempt is indefinite and for
a term that lasts until the defendant complies with the
decree. [Cases: Contempt C=:>4, 20.]
common-law contempt. See criminal contempt.
consequential contempt. 1. Contempt that, although
not amounting to gross insolence or direct opposi
tion, tends to create a universal disregard ofthe power
and authority of courts and judges. 2. See indirect
contempt.
constructive contempt. See indirect contempt.
contempt ofCongress. Deliberate interference with the
duties and powers of Congress, such as a witness's
refusal to answer a question from a congressional
committee. Contempt of Congress is a criminal
offense. 2 USCA  192. [Cases: United States C=:>
23(9).]
contempt ofsovereignty. Int'llaw. The minor diplo
matic offense of interference in domestic affairs by a
foreign representative, esp. by making a public state
ment about an issue currently being debated in the
legislature.
criminal contempt. (1841) An act that obstructs justice
or attacks the integrity of the court. A criminal
contempt proceeding is punitive in nature. The
purpose of criminal-contempt proceedings is to
punish repeated or aggravated failure to comply
with a court order. All the protections of criminal
law and procedure apply, and the commitment must

361
be for a definite period. -Also termed common-law
contempt. [Cases: Contempt (:::::'3,40.]
"Criminal contempt is a crime in the ordinary sense; it is a
violation of the law, a public wrong which is punishable by
fine or imprisonment or both." Bloom v. Illinois, 391 U.S.
194,201,88 S.Ct. 1477, 1481 (1968).
direct contempt. (1863) A contempt (such as an assault
of a testifying witness) committed in the immediate
vicinity of a court; esp., a contempt committed in a
judge's presence . A direct contempt is usu. imme
diately punishable when the transgression occurs.
[Cases: Contempt (:::::'2.]
indirect contempt. (1896) Contempt that is committed
outside of court, as when a party disobeys a court
order.  Indirect contempt is punishable only after
proper notice to the contemnor and a hearing.
Also termed constructive contempt; consequential
contempt. [Cases: Contempt (:::::'2.]
contempt ofcourt. See CONTEMPT (2).
contempt power. (1885) The power of a governmental
body (such as Congress or a court) to punish someone
who shows contempt for the process, orders, or pro
ceedings of that body.
contempt proceeding. See PROCEEDING.
contemptuous damages. See nominal damages under
DAMAGES.
contenement (bn-ten-J-m;mt). Hist. 1. Freehold land
held by a feudal tenant, esp. land used to support the
tenant.  Magna Carta (1215) exempted this property
from seizure.
"Con tenement, (contenementum) seemeth to be the free
hould land, which Iyeth to a mans tenement or dwelling
house, that is in his owne occupation. For magna carta. ca.
14. you have these words: A free man shall not be amerced
for a small fault, but after the quantity of the fault: and
for a great fault, after the maner thereof, saving to him
his contenement or free hould. And a merchant likewise
shal be amerced saving to him his merchandies: and any
other villaine then owers, shal be amerced saving his
wainage ... ." John Cowell, The Interpreter (1607).
2. A person's reputation or standing in the commu
nity. Though contenement as used in this sense is also
rooted in the ownership ofland, it may stem from the
Law French contenance ("countenance") rather than
the Law Latin contenementum ("with tenement"), as
used in sense (1).
"Contenement signifies his Countenance, Credit, or Reputa
tion, which he hath, together with, and by reason of his
Freehold; and in this sense does the Statute of 1 Edw. 3
and Old Nat. By. use it, where Countenance is used for Con
tenement: The Armor of a Soldier is his Countenance; the
Books of a Schollar, his Countenance; and the like." Thomas
Blount, Nomo-Lexicon: A Law-Dictionary (1670).
content, n. Maritime law. A written declaration of a
departing vessel's destination, the kind and quantity
of cargo it is carrying, and other particulars, submitted
to a customs inspector for approval and permission for
the vessel to leave port. Cf. MANIFEST.
content-based discrimination. See DISCRIMINATION. contestant
content-based restriction. (1973) Constitutional law. A
restraint on the substance ofa particular type ofspeech.
 This type of restriction is presumptively invalid but
can survive a constitutional challenge ifit is based on a
compelling state interest and its measures are narrowly
drawn to accomplish that end. Boos v. Barry, 485 U.S.
312,108 S.Ct. 1157 (1998). See SPEECH (1). [Cases: Con
stitutional Law (:::::' 1516.]
contention interrogatory. See INTERROGATORY.
contentious jurisdiction. See JURISDICTION.
contentious possession. See hostile possession under
POSSESSION.
content-neutral. See NEUTRAL.
contents unknown. A statement placed on a bill oflading
to show that the carrier does not know what is inside
shipped containers . Carriers use this phrase in an
attempt to limit their liability for damage to the goods
shipped. Shipper's load and count is also used. [Cases:
Carriers (:::::'50; Shipping C=::> 106(3).]
content-valid test. A job-applicant examination that
bears a close relationship to the skills required by the
job. Content-validation studies are often performed
in employment-discrimination cases that contest the
validity of an examination. [Cases: Civil Rights (:::::'
1142, 1546.]
"The simplest form oftest validation is where the test rep
licates major portions of the job, as for example, where a
test measuring typing or computer literacy is used to select
a secretarial support person .... A content valid test must
measure or replicate a 'representative sample' of the job's
duties. It is not valid if it measures only a small portion of
those duties. For example, fire fighters may need to write
reports, but a grammar test is too narrow to be content
valid." Mack A. Player, Federal Law ofEmployment Discrimi
nation in a Nutshell 101 (3d ed. 1992).
conterminous, adj. 1. Sharing a common boundary
<the surveyor set a new line between the conterminous
counties>. -Also termed coterminous. 2. Enclosed
within a common boundary <all 48 conterminous
states of this country>. 3. See COTERMINOUS.
contest (bn-test), vb. (l7c) 1. To strive to win or hold;
contend <he chose to contest for the prize>. 2. To
litigate or call into question; challenge <they want to
contest the will>. 3. To deny an adverse claim or assert
a defense to it in a court proceeding <she contests that
charge>. -contest (kon-test), n.
contestability clause (bn-tes-tJ-bil-J-tee). Insurance.
A policy provision setting forth when and under what
conditions the insurer may contest a claim or void the
policy based on a representation or omission made
when the policy was issued . Contestability clauses
usu. lapse after two years. -Also termed contestable
clause. Cf. INCONTESTABILITY CLAUSE. [Cases: Insur
ance (:::::'2950,3121.]
contestant. (17c) 1. One who contests the validity of a
will, trust, or other legal instrument. -Also termed
objectant; caveator. 2. Trademarks. One who challenges
the placement ofa trademark on the Principal Register .
 The term refers to a challenger in (1) an interference

362 contestatio litis
proceeding, (2) an opposition proceeding before a mark
is placed on the Principal Register, or (3) a cancellation
proceeding after the mark is placed on the Principal
Register. [Cases: Trademarks (;=.,12891294, 130L] 3.
Patents. A party to an interference proceeding in the
U.S. Patent and Trademark Office. -Also termed (in
sense 3) interferant. [Cases: Patents (;:::> 106(1).]
contestatio litis (kon-tes-tay-shee-oh h-tis). [Latin "con
testation of suit"] See LITIS CONTESTATIO.
contestation ofsuit (kon-tes-tay-sh;m). Eccles. law. The
point in an action when the defendant answers the
plaintiff's libel (Le., complaint); the plea and joinder of
an issue'. -Also termed litis contestatio.
contested divorce. See DIVORCE.
contested hearing. See HEARING.
context, n. (16c) 1. The surrounding text of a word or
passage, used to determine the meaning of that word
or passage <his remarks were taken out ofcontext>. 2.
Setting or environment <in the context of foreign rela
tions>. contextual, adj.
context rule. Contracts. The principle that a court may
look to extrinsic evidence to determine the intended
meaning ofa contract, even though the language itself
is clear and unambiguous . The court may consider
(1) the subject matter and purpose ofthe contract, (2)
the circumstances surrounding the making of the
contract, (3) the subsequent conduct of the parties
to the contract, (4) the reasonableness of the parties'
respective interpretations, (5) statements made by the
parties in preliminary negotiations, (6) usages of trade,
and (7) the course ofdealing between the parties. This
rule does not make extrinsic evidence admissible for
other purposes, such as adding to, modifying, or con
tradicting the contract's terms, unless a party can show
that the actual language resulted from fraud, accident,
or mistake. Restatement (Second) ofContracts  212,
214(c) (1981). [Cases: Contracts 143, 169, 170;
Evidence (;::::c448.]
contextual zoning. See ZONING.
contiguity (kon-ti-gyoo-d-tee), n. The state or condition
of being contiguous <contiguity existed between the
two adjoining tracts ofland>.
contiguous (kdn-tig-yoo-<ls), adj. (17c) 1. Touching
at a point or along a boundary; ADJOI"'ING <Texas
and Oklahoma are contiguous>. 2. Near in time or
sequence; successive <contiguous thunder and light
ning>.
contiguous zone. Int'llaw. An area abutting and extend
ing beyond the territorial sea, in which countries have
limited powers to enforce customs as well as fiscal,
sanitary, and immigration laws. [Cases: International
Law (;::::c 7.]
Continental Congress. The first national governmental
assembly in the United States, formed in 1774 to protest
British treatment of the colonies . The Second Con
tinental Congress, commencing in 1775, adopted the
Declaration ofIndependence and served as the national government until the Articles of Confederation were
ratified in 1781.
contingency (k;m-tin-jdn-see). (l6c) 1. An event that
mayor may not occur; a possibility. 2. The condition
ofbeing dependent