discretionary power;
unlimited authority.
cartel (kahr-tel), n. (17c) 1. A combination of produc
ers or sellers that join together to control a product's
production or price. 2. An association offirms with
common interests, seeking to prevent extreme or
unfair competition, allocate markets, or share knowl
edge. [Cases: Antitrust and Trade Regulation
3. Int'llaw. An agreement between belligerents about
the means ofconducting whatever relations they allow
during wartime; esp., such an agreement regarding
the exchange of prisoners. Also spelled chartel.
cartelize (kahr-td-lIz or kahr-tel-Iz), vb.
car trust certificate. See EQUIPMENT TRUST CERTIFI
CATE.
cartulary (kahr-tyoo-Iair-ee), n. A collection oflegal
documents, esp. charters and title deeds to property.
carucage (kar-a-kij). [Law Latin] Rist. A tax imposed
either on a carucate or on the plows used on the land.
Also termed carvage.
carucate (kar-a-kayt). [Law Latin] Rist. A measure of
land for assessment purposes, varying locally from 96
to 144 acres. This amount was thought to be as much
land as one plow with eight oxen could plow in a year.
A carucate was used to assess taxes. Also termed
carucata; carve; plowland. Cf. HIDE (1); OXGANG.
carvage. See CARUCAGE.
carve (karv), n. See CARUCATE.
carve out, vb. 1. To create an explicit exception to a broad
rule. 2. Tax. To separate from property the income
derived from the property.
carveout, n. (1966) 1. An explicit exception to a broad
rule. 2. Tax. For tax purposes, the separation from
property of the income derived from the property.
ca. sa. See capias ad satisfaciendum under CAPIAS.
. CASA. abbr. 1. COURT-APPOINTED SPECIAL ADVOCATE.
2. COURT APPOINTED SPECIAL ADVOCATES.
casata (ka-say-ta). Rist. A house with enough land to
support one family.
casatus (ka-zay-tas). Rist. A vassal or feudal tenant pos
sessing a casata.
CASA volunteer. Family law. A specially screened and
trained child-welfare volunteer appointed by the court
to conduct an independent investigation of both the
state agency and the family and to submit a report with
findings and recommendations . In some jurisdic
tions such volunteers are provided for statutorily. They
sometimes act as guardians ad litem. The CASA vol
unteer usu. (1) provides independent assessment ofthe
child's needs, (2) acts as an advocate for the child, and
(3) monitors agency decision-making and court pro
ceedings. See COURT APPOINTED SPECIAL ADVOCATES.
[Cases: Infants C=>205, 208.]
case. (13c) 1. A civil or criminal proceeding, action, suit,
or controversy at law or in equity <the parties settled
the case>. active case. (1949) A case that is still pending.
case agreed on. See case stated (1).
case at bar. (16c) A case under the immediate consid
eration of the court. Also termed case at bench;
instant case; present case. See BAR (3).
case at bench. See case at bar.
case made. See case reserved (1).
case offirst impression. (1806) A case that presents
the court with an issue oflaw that has not previously
been decided by any controlling legal authority in that
jurisdiction.
case reserved. (18c) 1. A written statement of the facts
proved at trial and drawn up and stipulated to by the
parties, so that certain legal issues can be decided by
an appellate court. Also termed case made; special
case. 2. Rist. An agreement between litigants to
submit the case to a judge rather than to a jury.
"It should have come as no surprise ... that in most cases
'merchants were not fond of juries: For one of the leading
measures of the growing alliance between bench and bar
on the one hand and commercial interests on the other is
the swiftness with which the power of the jury is curtailed
after 1790... [Djuring the last years of the eighteenth
century American lawyers vastly expanded the 'special
case' or 'case reserved; a device designed to submit points
of law to the judges while avoiding the effective interven
tion of ajury. In England, Lord Mansfield had used a similar
procedure to bring about an alliance between common
lawyers and mercantile interests." Morton J. Horwitz,
The Transformation ofAmerican Law, 1780-1860141-42
(1977).
case stated. (17c) 1. A formal written statement of the
facts in a case, submitted to the court jointly by the
parties so that a decision may be rendered without
trial. -Also termed case agreed on. [Cases: Trial
C=>368.] 2. Rist. A procedure used by the Court of
Chancery to refer difficult legal questions to a com
mon-law court . This procedure was abolished in
1852. 3. English law. An appeal from a Magistrates'
Court to the Divisional Court ofQueen's Bench on a
point of criminal law . After ruling, the magistrate
states the facts for the appeal and the Queen's Bench
rules on the question of law presented by the magis
trate's ruling.
congressional-reference case. A request by Congress for
the United States Court ofClaims to give an advisory
opinion on the merits ofa non pension claim against
the United States. See 28 USCA  l492, 2509.
inactive case. (1981) A pending case that is not pro
ceeding toward resolution . This may occur for
several reasons, such as non service, want of prose
cution, or (in a criminal case) the defendant's having
absconded.
instant case. See case at bar.
present case. See case at bar.
reference case. Canadian law. An advisory opinion
issued by the Supreme Court of Canada at the request
of the executive or legislative branch of the federal
government.  A reference is exceptional because

the opinion interprets, and often resolves, a dispute
even though no case or controversy is presented to
the court. See, e.g., Reference re Secession ofQuebec,
[1998] 2 S.C.R. 217.
special case. See case reserved (1).
test case. (1894) 1. A lawsuit brought to establish an
important legal principle or right. Such an action
is frequently brought by the parties' mutual consent
on agreed facts -when that is so, a test case is also
sometimes termed amicable action or amicable suit.
"The suit is spoken of, in the affidavits filed in support of
it, as an amicable action, and the proceeding defended on
that ground. But an amicable action, in the sense in which
these words are used in courts of justice, presupposes
that there is a real dispute between the parties concern
ing some matter of right. And in a case of that kind it
sometimes happens, that, for the purpose of obtaining
a decision of the controversy, without incurring needless
expense and trouble, they agree to conduct the suit in an
amicable manner, that is to say, that they will not embar
rass each other with unnecessary forms or technicalities,
and will mutually admit facts which they know to be true,
and without requiring proof, and will bring the point in
dispute before the court for decision, without subjecting
each other to unnecessary expense or delay. But there must
be an actual controversy, and adverse interests. The amity
consists in the manner in which it is brought to issue before
the court. And such amicable actions, so far from being
objects of censure, are always approved and encouraged,
because they facilitate greatly the administration ofjustice
between the parties. The objection in the case before us is,
not that the proceedings were amicable, but that there is
no real conflict of interest between them; that the plaintiff
and defendant have the same interest, and that interest
adverse and in conflict with the interest of third persons,
whose rights would be seriously affected if the question
of law was decided in the manner that both of the parties
to this suit desire it to be." Lord v. Veazie, 49 U.S. 251, 255
(1850) (Taney, c.n
2. An action selected from several suits that are
based on the same facts and evidence, raise the same
question of law, and have a common plaintiff or a
common defendant. Sometimes, when all parties
agree, the court orders a consolidation and all parties
are bound by the decision in the test case. -Also
termed test action.
2. A criminal investigation <the Manson case>. 3. An
individual suspect or convict in relation to any aspect
of the criminal-justice system <the probation officer
said he considers Mr. Jones a difficult case>. 4. An
argument <the debater made a compelling case for gun
control>. 5. An instance, occurrence, or situation <a
case of mistaken identity> <a terminal case ofcancer>.
6. See trespass on the case under TRESPASS <the actions
of trover and case are not entirely defunct>.
case abstract. See CASE NOTE.
case agreed on. See case stated (1) under CASE.
casebook. (18c) A compilation ofextracts from instruc
tive cases on a particular subject, usu. with commentary
and questions about the cases, designed as a teaching
aid. See SOCRATIC METHOD. Cf. HORNBOOK.
casebook method. (1915) An inductive system of
teaching law in which students study specific cases to learn general legal principles . Professor Christo
pher C. Langdell introduced the technique at Harvard
Law School in 1869. The casebook method is now the
most widely used form of instruction in American
law schools. -Also termed case method; case system;
Langdell method. Cf. SOCRATIC METHOD; HORNBOOK
METHOD.
case brief. See CASE NOTE.
case evaluation. 1. Assessment ofa case's strengths and
weaknesses, along with the cost of litigation and the
amount ofpotential liability or recovery, typically done
to decide whether to accept a case or to advise a client
or potential client about how to proceed. 2. MEDIATION
(1).
caseflow. (1957) 1. The movement of cases through
the judicial system, from the initial filing to the final
appeal. 2. An analysis of that movement.
case-in-chief. (1853) 1. The evidence presented at trial
by a party between the time the party calls the first
witness and the time the party rests. 2. The part of a
trial in which a party presents evidence to support the
claim or defense. Cf. REBUTTAL (1), (2).
caselaw. (1861) The law to be found in the collection of
reported cases that form all or part of the body of law
within a given jurisdiction. -Also written case law;
case-law. -Also termed decisional law; adjudicative
law; jurisprudence; organic law.
"Case law in some form and to some extent is found
wherever there is law. A mere series of decisions of individ
ual cases does not of course in itself constitute a system of
law. But in any judicial system rules of law arise sooner or
later out of the solution of practical problems, whether or
not such formulations are desired, intended or consciously
recognized. These generalizations contained in, or built
upon, past decisions, when taken as normative for future
disputes, create a legal system." Karl N. Llewellyn, "Case
Law" in 3 Encv. Soc. Sci. 249 (1930).
case lawyer. An attorney whose knowledge is largely
confined to a specific field ofexpertise.
"A working lawyer cannot expect to keep abreast of all this
output of ideas, but he can at least study some portion so
as to liberalize his views of law and to avoid the reproach
of being a mere case lawyer." Lord Wright, The Study of
Law, 54 Law Q. Rev. 185, 185 (1938).
caseload. (1938) The volume ofcases assigned to a given
court, agency, officer, judge, law firm, or lawyer.
case made. See case reserved (1) under CASE.
case-management order. A court order designed to
control the procedure in a case on the court's docket,
esp. by limiting pretrial discovery. -Abbr. CMO.
[Cases: Federal Civil Procedure (';:::J 1935; Pretrial Pro
cedure (';:::J747.]
case method. See CASEBOOK METHOD.
case note. A short statement summarizing a case, esp. the
relevant facts, the issues, the holding, and the court's
reasoning. -Sometimes written casenote. -Also
termed brief, case brief; case statement; case abstract.
case number. The number assigned to a lawsuit when
it is filed with the clerk of the court. Each case has

245
a distinct number that distinguishes it from all other
suits filed within the jurisdiction.
case offirst impression. See CASE.
case-or-controversy requirement. (1937) The consti
tutional requirement that, for a federal court to hear a
case, the case must involve an actual dispute. See CON
'I'ROVERSY (3); advisory opinion under OPINION (1).
[Cases: Federal Courts ~~12.]
'The courts of the United States do not sit to decide ques
tions of law presented in a vacuum, but only such questions
as arise in a 'case or controversy.' The two terms can be
used interchangeably, for, we are authoritatively told, a
'controversy,' if distinguishable at all from a 'case,' is distin
guishable only in that it is a less comprehensive term, and
includes only suits of a civil nature." Charles Alan Wright,
The Law of Federal Courts 60 (5th ed. 1994).
case plan. A written procedure for the care and man
agement of a child who has been removed from his or
her home and placed in foster care or in an institution.
 The case plan includes (1) a description of the place
where the child has been placed, (2) a plan for provid
ing the child with safe and proper care, and (


of the place
where the child has been placed, (2) a plan for provid
ing the child with safe and proper care, and (3) a plan
for services that will be provided to the child's parents.
Each state must have a case-review system formulated
to ensure that the child is placed in the least restrictive
and most appropriate place and that the plan is in the
best interests of the child; the plan must be reviewed
every six months. See ADOPTION AND SAFE FAMILIES
ACT. [Cases: Infants
case reserved. See CASE.
case stated. See CASE.
case statement. See CASE NOTE.
case system. See CASEBOOK METHOD.
case-within-a-case rule. Torts. lhe requirement that a
legal-malpractice- action plaintiff show that, but for
the attorney's negligence, the plaintiff would have won
the case underlying the malpractice action. [Cases:
Attorney and Client (;=>112.]
cas fortuit (kah for-twee). [French "fortuitous case"]
Insurance. A unforeseeable event; an inevitable
accident; FORTUITOUS EVENT.
cash, n. (16c) 1. Money or its equivalent. 2. Currency
or coins, negotiable checks, and balances in bank
accounts. -cash, vb.
petty cash. Currency kept on hand for incidental
expenditures.
cash-against-documents sale. See documentary sale
under SALE.
cash-and-carry clause. Int'llaw. A regulation that,
before U.S. involvement in World War II, allowed bel
ligerent countries to pay cash for goods whose export
was prohibited. Formally, this regulation was entirely
neutral, but in practice it favored Great Britain.
cash bail. See BAIL (1).
cash-basis accounting method. See ACCOUNTING
METHOD. cashier
cash book. An account book of all cash received and paid
out by a business.
cash budget. A period-by-period schedule of a business's
opening cash on hand, estimated cash receipts, cash
disbursements, and cash balance . A cash budget is
used to project a business's cash receipts and disburse
ments over some future period.
cash collateral. See COLLATERAL.
cash cycle. The time it takes for cash to flow into and out
of a business, such as the time between the purchase
of raw materials for manufacture and the sale of the
finished product.
cash discount. See DISCOUNT.
cash dividend. See DIVIDEND.
cash equivalent. A short-term security that is liquid
enough to be considered equivalent to cash.
cash-equivalent doctrine. Tax. The doctrine requiring
income to be reported even ifit is not cash, as when the
taxpayer barters to receive in-kind payments. [Cases:
Internal Revenue (;=>3116, 37l4.]
cash-expenditure method. Tax. A technique used by
the IRS to reconstruct a taxpayer's unreported income
by comparing the amount spent on goods and services
during a given period with the income reported for
that period . If the expenditures exceed the reported
revenue, the IRS treats the difference as taxable income.
[Cases: Internal Revenue (>4530.1.]
cash flow. (1954) 1. The movement of cash through a
business, as a measure of profitability or liquidity. 2.
The cash generated from a business or transaction. 3.
Cash receipts minus cash disbursements for a given
period. Sometimes written cash flow.
cash flow per common share. The cash flow from oper
ations minus preferred stock dividends, divided by
the number of outstanding common shares.
discounted cash flow. A method ofevaluating a capital
investment by comparing its projected income and
costs with its current value . Discounted cash flow
is used to determine the value of a company by cal
culating the present value of its future cash flows. In
theory, the value of the corporation's assets equals
the present value ofthe expected cash flow generated
by those assets. -Also termed discounted-cash-flow
method. Abbr. DCF; DCF method.
incremental cash flow. The net increase in cash flow
attributable to a particular capital investment.
negative cash flow. A financial situation in which cash
outflow exceeds cash inflow. See INSOLVENCY.
net cash flow. Cash inflow minus cash outflow.
cashier, n. 1. One who receives and records payments
at a business. 2. A bank's or trust company's executive
officer, who is responsible for banking transactions.
[Cases: Banks and Banking (;=> 105(3)-109(3),314.]
cashier, vb. (16c) To dismiss from service dishonorably
<after three such incidents, Jones was cashiered>.

246 cashier's check
cashier's check. See CHECK.
cashlite. See AMERCEMENT.
cash merger. See MERGER.
cash-option transaction. Mergers & acquisitions. A pro
vision in a merger agreement giving the target com
pany's stockholders a choice between receiving either a
tax-free exchange of stock or a taxable cash buyout.
cash or deferred arrangement. A retirement -plan provi
sion permitting an employee to have a certain amount
ofcompensation paid in cash or contributed, on behalf
ofthe employee, to a profit-sharing or stock-bonus plan.
 A 401(k) plan is a type of cash or deferred arrange
ment. Abbr. CODA.
cashout, n. (1971) An arrangement by a seller to receive
the entire amount ofequity in cash rather than retain
an interest in the property. -cash out, vb.
cash-out merger. See cash merger under MERGER.
cash-refund annuity. See ANNUITY.
cash sale. See SALE.
cash surrender value. See VALUE (2).
cash tender offer. See TENDER OFFER.
cash-transaction report. IRS Form 4789, which requires
banks and other financial institutions to report cash
transactions above a certain amount. [Cases: Internal
Revenue
cash value. 1. Seefair market value under VALUE (2). 2.
See full cash value under VALUE (2).
cash-value option. See OPTION.
casing. Oil & gas. The pipe in a wellbore hole, cemented
into place to prevent pollution and to protect the hole.
intermediate casing. Casing that protects deep forma
tions against pollution from drilling and producing
operations.
production casing. Wellbore pipe through which oil
and gas is produced . Production casing is the last
pipe set in the hole.
surface casing. Casing that protects groundwater
against pollution from drilling and producing oper
ations. Surface casing is the first pipe set in the
hole.
casinghead gas. Oil & gas. Natural gas in a liqUid solution
with crude oil, produced at the casinghead (top) ofa oil
well.  CaSinghead gas separates from the oil at the
time ofproduction or shortly afterward.
casing point. Oil & gas. The point at which a well has
been drilled to the desired depth and the owners must
decide whether to place production pipe ("casing") in
the hole to complete and equip the well for produc
tion.
cassare (k<1-sair-ee), vb. [Law Latin fr. Latin cassus
"void"] Hist. To quash or nullify. Cassare was usu. cassation (ka-say-sh<1n), n. A quashing. See COURT OF
CASSATION.
cassetur billa (k<1-see-t<1r bit-<1). [Latin "that the bill be
quashed"] Hist. 1. A judgment quashing a plea in abate
ment. 2. A plaintiff's on-the-record admission that a
defendant's plea in abatement cannot be avoided . This
statement discontinues the action. Also termed billa
cassetur; quod billa cassetur.
cassetur breve (k<1-see-t<1r bree-vee). [Latin "that the
writ be quashed"] Hist. A judgment quashing an action
begun by writ.
CASSIS/BIB. Patents. A U.S. Patent and Trademark
Office database ofbibliographies relating to patents,
sorted by their classification . CASSIS stands for Clas
sification and Search Support Information System. Cf.
CASSIS/CLASS.
CASSIS/CLASS. Patents. A U.S. Patent and Trademark
Office database ofpatents sorted by classification, avail
able at any PTO Depository Library. Cf. CASSIS/BIB.
cast, vb. To formally deposit (a ballot) or Signal one's
choice (in a vote) <most voters cast their ballots for
write-in candidates>.
cast a doud on, vb. Patents. Create doubt about (a patent,
esp. its validity).
castigatory (kas-ti-g<1-tor-ee). Hist. A device for punish
ing scolds by repeatedly plunging them underwater.
This device is mentioned by the ancient Saxons (scealf
ing stole) and in Domesday Book (cathedra stercora
lis). It was also used to punish bakers and brewers by
ducking them into "stinking water" (stercore), possibly
into a midden. -Also termed ducking stool; cucking
stool; trebucket. See SCOLD. Cf. BRANKS.
"[AI common scold, ... if convicted, shall be sentenced
to be placed in a certain engine of correction called the
trebucket, castigatory, or cucking stool, which in the Saxon
language signifies the scolding stool; though now it is fre
quently corrupted into ducking stool, because the residue
of the judgment is, that, when she is so placed therein,
she shall be plunged in the water for her punishment." 4
William Blackstone, Commentaries on the Laws ofEngland
169 (1769).
casting vote. See VOTE (1).
cast-iron-pipe doctrine. See DIVIDEND-CREDIT RULE.
castle doctrine. (1892) Criminal law. An exception to
the retreat rule allOWing the use ofdeadly force by a
person who is protecting his or her home and its inhab
itants from attack, esp. from a trespasser who intends
to commit a felony or inflict serious bodily harm.
Also termed dwelling defense; defense ofhabitation. See
RETREAT RULE. [Cases: Homicide C=>747, 760.]
castle-guard, n. Hist. 1. The protection ofa castle. 2. A
form of knight-service in which a tenant must protect
the lord '8 castle. 3. The tenure giving rise to this knight
service. 4. A tax once imposed in lieu of this knight
service. 5. The territory that is chargeable with the tax
imposed in lieu of the knight-service. -Also termed
(in senses 2-5) ward.
used in reference to voiding an agreement, law, or writ. "Castleguard is an imposition upon such of the king's
See CASSETUR BILLA; CASSETUR BREVE. subjects as dwell within a certain compass of any castle,

247
to the maintenance of such as watch and ward it. It is some
times used for the circuit itself which is inhabited by such
as are subject to this service." William Rastell, Termes de
laLey70(lstAm.ed.1812).
casual, adj. 1. (Of employment) occurring without reg
ularity; occasional <a casual employee>. See casual
employment under EMPLOYMENT. 2. (Of an event or
occurrence) not expected, foreseen, or planned; fortu
itous <a casual deficit>.
casual affray. See CHANCE-MEDLEY.
casual condition. See CONDITION (2).
casual defi<;it. An unforeseen shortfall offunds.
casual ejector. See EJECTOR.
casual employment. See EMPLOYMENT.
casual negligence. See NEGLIGENCE.
casualty. (I5c) 1. A serious or fatal accident. 2. A person
or thing injured, lost, or destroyed.
casualty gain. Insurance. The profit realized by an
insured when the benefits paid exceed the insured
property's adjusted value.
casualty insurance. See INSURANCE.
casualty loss. See LOSS.
casualty pot. Tax. A step in evaluating tax liability in
which casualty gains and losses are compared to deter
mine whether a net loss or gain has occurred. Cf. MAIN
POT.
casu consimili (kay-s[y]oo k,m-sim-<l-h), n. [Latin "in a
like case"] Hist. A writ of entry allowing the holder of
a reversionary interest in land to sue for the return of
land alienated by a life tenant or a tenant by the curtesy.
-This writ originated in the second Statute of West
minster (13 Edw. 1) ch. 24 (1285), which expanded the
writs available to litigants by requiring the Chancery
to issue a writ for any situation that called for a writ
similar to one that had previously issued consimili casu
("in a like case"). Specifically, the statute provided (in
Latin) that "as often as it shall happen in chancery that
in one case a writ is found, and in a like case [in con
simili casu], falling under the same right, and requir
ing like remedy, no writ is to be found, the clerks of
chancery shall agree in making a writ ...." Many other
writs were framed under Westminster 2, but this par
ticular writ's close association with the statute led to its
taking the generic name. -Also termed consimili casu;
entry in casu consimili. See ACTIONES NOMINATAE.
casu proviso (kay-s[yJoo pr<l-vI-zoh). [Latin "in the case
provided"] Hist. A writ of entry to recover a reversion
in land alienated by a tenant in dower, i.e., a widow with
a life estate in the alienated land.
casus (kay-s<ls). [Latin] 1. A chance accident; an event
without human inter


land.
casus (kay-s<ls). [Latin] 1. A chance accident; an event
without human intervention or fault. Cf. CULPA (1);
DOLUS (1). 2. A situation actually contemplated by the
legislature in enacting a statute that applies to the sit
uation. -In this sense, the term is opposed to casus
omissus. Cf. CASUS OMISSUS. casus omissus
casus amissionis (kay-s<ls <l-mis[h]-ee-oh-nis). [Latin
"the occasion of the loss"] Hist. The circumstances
under which a document is lost or destroyed. -In an
action to prove the contents of a lost instrument, the
circumstances under which a document was lost was
required evidence. Lost documents are now covered by
Federal Rule of Evidence 1004(1).
casus belli (kay-s<ls bel-I). [Latin] An act or circumstance
that provokes or justifies war.
casus foederis (kay-s<ls fed-<lr-is). [Latin "the case ofthe
treaty" or "the case of the agreement"] 1. inCllaw. A
provocative act by one nation toward another, entitling
the latter to call upon an ally to fulfill the terms ofan
alliance. 2. A clause within a treaty of alliance speci
fying such provocative acts. 3. Contracts. A case or an
event falling within the terms ofa contract.
casus fortuitus (kay-s<ls for-t[y]oO-<l-tds). [Latin] 1. A
fortuitous event. 2. A loss not attributable to human
fault.
casus improvisus (kay-s<ls im-pr<l-VI-Z<lS). [Latin] Hist.
An unforeseen case; a case not provided for.
"Casus improvisus .... This phrase is of frequent occur
renee, and admits of varied illustration. Thus, if an Act of
Parliament has been passed for the removal of some incon'
venience, or the suppression of some evil, and specifies the
circumstances or cases in which it is to have application,
and a case occurs which is not specified by the Act, in
which, nevertheless, the application of the Statute would
be beneficial, this is a casus Improvisus, and neither the
procedure nor the provisions of the Act can be applied to it.
The Statute cannot be strained so as to be made applicable
to a case for which it does not provide. Statutes, however,
which are purely remedial are construed liberally. and are
often extended to cases similar to those mentioned in the
Act, although such cases do not fall within the letter of
the enactment." John Trayner, Trayner's Latin Maxims 70
(4th ed. 1894).
casus incogitati (kaY-SdS in-koj-i-tay-n). [Law Latin]
Hist. Circumstances unthought of. -Circumstances
that were not otherwise addressed in an instrument
could be determined on equitable grounds.
casus insolitus (kay-s<ls in-sol-d-t<ls). [Latin] Hist. An
unusual circumstance; an unusual event.
casus major (kay-s<ls may-jdr). [Latin] An extraordinary
casualty.
casus male inclusus (kay-s<ls mal-ee in-kloo-s<ls). [Latin
"case wrongly included"] A situation literally provided
for by a statute or contract, but wrongly so because the
provision's literal application has unintended or absurd
consequences.
casus omissus (kay-sas d-mis-<ls). [Latin "case omitted"]
A situation not provided for by a statute or contract,
and therefore governed by caselaw or new judge-made
law. Cf. CASUS (2). PI. casus omissi. [Cases: Statutes
186.]
"At times a state ofwar appears to exist between the courts
and the parliamentary draftsman. The courts decline to
come to the rescue when a casus omissus is revealed, so
words appropriate to cover the casus omissus are added to
the statute. More frequently the draftsman gets in fIrst and,
anticipating a strict construction by the courts coupled
with a total lack of sympathy if there should happen to be

248 casus rarior
a casus omissus, he produces a statute which is nothing
less than horrific in its detail." Rupert Cross, Statutory
Interpretation 11-12 (1976).
casus rarior (kay-sas rair-ee-or). Hist. An exceptional
case. PI. casus rarjores.
catalla (ka-tal-i"l). [Law Latin "chattels"] Hist. 1.
CHATTEL. Also termed catals.
"Catals (catalla) alias chatels, cometh of the Normans.
For . all movable goods . are called chatels: the
contrary whereof is (fief) which we do call fee." John Cowell,
The Interpreter (1607).
2. Cattle used for plowing.
cataUa oUosa (b-tal-a oh-shee-oh-sa). [Law Latin
"nonworking chattels"] Hist. 1. Chattels that are not
animals. 2. Animals not used for plowing or pulling
plows or carts (averia carucae).
catallis captis nomine districtionis (ka-tal-is kap-tis
nahm-a-nee di-strik-shee-oh-nis). [Latin "chattels
taken in name of distress"] Hist. A writ permitting a
landlord who is owed rent to distrain (Le., seize) the
doors, windows, and gates ofthe tenant's house.
catallis reddendis (ka-tal-is ri-den-dis). See DE CATALLIS
REDDEN DIS.
catals. See CATALLA.
cataneus. See CAPITANEUS.
catch-all, adj. Broad; widely encompassing <the catch
all factor allows the jury to consider all circumstances
extenuating the gravity of the crime>.
catch-all, n. See BROADENING STATEMENT.
catching bargain. See BARGAIN.
catchpoll (kach-pohl). Hist. A sheriff's deputy or
bailiff. Also spelled catchpol; catchpole.
"Catchpol ... (One that catches by the Poll) Though now
taken as a word of Contempt, yet in ancient times, it was
used, without reproach, for such as we now call Sergeants
of the Mace, Bailiffs, or any other that use to Arrest Men
upon any Action." Thomas Blount, Nomo-Lexicon: A Law
Dictionary (1670).
categorical question. See QUESTION (1).
cater cousin (kay-tdr). A distant relative . The term
derives from the French quatrecousin, meaning a
cousin in the fourth degree.
cathedral. Eccles. law. The principal church ofa diocese,
in which the bishop's throne, or cathedra, is situated.
cathedral preferment. Eccles. law. In a cathedral church,
a deanery, archdeaconry, canonry, or other office below
the rank ofbishop.
catholic creditor. See CREDITOR.
Catoniana regula (b-toh-nee-ay-nd reg-ya-Ia). See
REGULA CATONIANA.
cats and dogs. Slang. 1. ~onperforming securities. 2.
Highly speculative securities.
"Wall Street disdainfully regards most penny stocks as cats
and dogs, a popular phrase in use since 1879 to describe
low-priced, often worthless, speculative securities. The
Single word dog also means a worthless security, and the
related pup meant a low-priced, inactive stock during the 1940s and 19505." Kathleen Odean, High Steppers, Fallen
Angels, and Lollipops: Wall Street Slang 10 (1988).
cattle rustling. The stealing ofcattle.
cattle-trespass. See TRESPASS.
caucus (kaw-k;)s), n. (lSc) 1. Representatives from a
political party who assemble to nominate candidates
and decide party policy. [Cases: Elections 2. A
meeting of a group, usu. within a deliberative assembly,
of people aligned by party or interest to formulate a
policy or strategy. -caucus, vb.
'The term caucus also sometimes applied to a similar
meeting of all the known or admitted partisans of a par
ticular position on an important issue ...... in a convention
or any other deliberative assembly who meet to plan
strategy toward a deSired result within the assembly. Such
a meeting may be held on the presumed informal under
standing that those who attend will follow the deciSions
of the caucus." Henry M. Robert, Robert's Rules of Order
Newly Revised  59, at 588 (10th ed. 2000).
separate caucus. A confidential mediation session that
a mediator holds with an individual party to elicit
settlement offers and demands . When separate
caucuses are used, the mediator typically shuttles
between the two (or more) sides ofa dispute to com
municate offers and demands. Formerlv, ABA Model
Rule of Professional Responsibility 2:2 (governing
when a lawyer could act for more than one client or
as an intermediary between parties) applied when a
lawyer acted as a mediator. Although the rule was
deleted from the Model in 2002, many states have
similar rules in effect. The rule requires a lawyer
acting as an intermediary to inform the parties about
mediation and the mediator's role, to act impartially,
and to have a good-faith belief that the matter can be
resolved in all parties' best interests.
causa (kaw-za), n. [Latin]l. CAUSE (1).
"One of the vaguest terms of the Roman juristic language.
Starting from the basic meaning of cause, reason, induce
ment, the jurists use it in very different senses .... Causa
is the reason for which some judicial measures (actions,
exceptions, interdicts) were introduced by the praetor ....
Sometimes causa is roughly identical with animus when it
alludes to the subjective motive, intention, or purpose of
a person." Adolf Berger, Encyclopedic Dictionary ofRoman
Law 382-83 (1953).
causa causans (kaw-za kaw-zanz). An immediate or
effective cause. See immediate cause under CAUSE
(1).
causa jactitationis maritagii (kaw-za jak-ti-tay-shee
oh-nis mar-a-tay-jee-I). [Latin "cause of assertion of
marriage") See JACTITATION OF MARRIAGE.
causa matrimonii praelocuti (kaw-za ma-tra-moh
nee-I pree-Id-kyoo-tr). [Latin "cause of prearranged
marriage"] Hist. A writ ofentry available to a woman
who had given land to a suitor who refused to marry
her within a reasonable time. Also termed entry
for marriage in speech.
causa proxima (kaw-za prok-si-m<l). The immediate or
latest cause. See proximate cause under CAUSE.

causa remota (kaw-z;l ri-moh-t;l). A remote or indirect
cause. See remote cause under CAUSE.
causa sine qua non (kaw-z;l sl-nee kway non also sin-ay
kwah nohn). A necessary cause; the cause without
which the thing cannot be or the event would not have
occurred. See but-for cause under CAUSE (1).
2. Roman & civil law. A consideration or inducement.
'The revolution of the ancient law of Contract was con
summated when the Praetor of some one year announced
in his Edict that he would grant equitable actions upon
Pacts which had never been matured at all into Contracts,
provided only that the Pacts in question had been founded
on a consideration (causa)." Henry S. Maine, Ancient Law
28 (l7th' ed. 1901).
"Article 1131 of the French Civil Code provides that:
'L'obligation sans cause, ou sur une fausse cause, ou sur
une cause illicite, ne peut avoir aucun effet.' This cause
or causa is a synonym for consideration, and we find the
terms used interchangeably in the earlier English authori
ties." John Salmond, Jurisprudence 361 (Glanville L. Williams
ed., 10th ed. 1947).
causafalsa (fal-s;l [orfawl-s;l] kaW-Z;l). Seefalsa causa.
causa non secuta (kaW-Z;l non s;l-kyoo-t;l). [Latin
"the (expected) consideration not having followed"]
Roman law. A consideration that has failed; failure
ofconsideration.
falsa causa (fal-s;l [orfawl-s;l] kaw-z;l). [Latin "mistaken
reason or motive"] Roman law. Falsity of consider
ation. This might result from several things, such
as a mistaken reason for making a gift or bequest.
Also termed (esp. in civil law) causa falsa.
causa causae est causa causati (kaw-z;l kaw-zee est
kaw-z;l kaw-zay-tI). [Latin "the cause of a cause is the
cause of the thing caused"]. Torts. The principle that
the cause of the cause (rather than only the immedi
ate cause) should also be considered as the cause of
the effect.
causa cognita (kaw-z;l kog-ni-t;l). [Latin] Hist. After
investigation; the cause (or facts) having been ascer
tained. Cf. POST CAUSAM COGNITAM.
"Formerly, inhibitions were not granted except causa
cognita (although a different rule now prevails), because
they imposed a restraint on the full exercise of the rights
of property; and in our own time decrees of divorce or
judicial separation are not granted, except on inquiry into
the facts, and cause shown warranting such orders." John
Trayner, Trayner's Latin Maxims 71-72 (4th ed. 1894).
causa data causa non secuta (kaW-Z;l day-t;l kaw-Z;l
non si-kyoo-t;l). [Latin] Roman law. The consideration
having been


kaw-Z;l
non si-kyoo-t;l). [Latin] Roman law. The consideration
having been given but the counterpart not having
followed. The phrase appeared in reference to con
sideration promised for an act that never took place
e.g., an advance payment for work not done, or a gift
given in contemplation ofmarriage before the wedding
was called off. See CONDICTIO.
causa debendi (kaw-z;l di-ben-dI). [Latin] Hist. The
grounds ofdebt.
causa et modus transferendi dominii (kaw-z;l et moh-d;ls
trans-f;lr-en-dI d;l-min-ee-I). [Law Latin] Hist. The
title and the manner of transferring property. -Also (erroneously) spelled causa et modus transferrendi
dominii.
causa falsa. Seefalsa causa under CAUSA (2).
causa jactitationis maritagii (kaw-z;l jak-ti-tay-shee
oh-nis mar-;l-tay-jee-I). [Latin "cause of assertion of
marriage"] See JACTITATION OF MARRIAGE.
causal (kaw-z;ll), adj. (16c) 1. Of, relating to, or involv
ing causation <a causal link exists between the defen
dant's action and the plaintiff's injury>. 2. Arising from
a cause <a causal symptom>. Cf. CAUSATIVE.
causal challenge. See challenge for cause under CHAL
LENGE (2).
causality (kaw-zal-;l-tee), n. (17c) The principle ofcausal
relationship; the relation between cause and effect <the
foreseeability test is one of duty and of causality>.
Also termed causation. -causal, adj.
causa lucrativa. See LUCRATIVA CAUSA.
causa matrimonii praelocuti. See CAUSA (1).
causam nobis significes quare (kaw-z;lm noh-bis sig
nif-;l-seez kwair-ee). [Latin "that you signify to us the
cause why"] Hist. A writ ordering a town's mayor to
give seisin ofland to a grantee of the king.
causa mortis (kaw-z;l mor-tis), adj. Done or made in
contemplation ofone's own death. See gift causa mortis
under GIFT.
causa non secuta. See CAUSA (2).
causa promissionis (kaw-z;l pr;l-mish-ee-oh-nis). Eccles.
law. The doctrine that an informal undertaking does
not oblige ifit lacks a good cause.
causa proxima. See CAUSA (1).
causare (kaw-zair-ee), vb. [Law Latin fro Latin causari "to
litigate"] To litigate; to show cause against.
causa remota. See CAUSA (1).
causa scientiae (kaw-z;l sI-en-shee-ee). [Law Latin] Scots
law. Cause ofknowledge. The phrase typically referred
to a witness's basis for drawing a particular conclusion,
esp. in a case involving scientific expertise.
causa sine qua non. See CAUSA (1).
causation (kaw-zay-sh;ln). (17c) 1. The causing or pro
ducing ofan effect <the plaintiff must prove causation>.
2. CAUSALITY.
"Here is the key to the juridical treatment of the problems
of causation. We pick out the cause which in our judgment
ought to be treated as the dominant one with reference,
not merely to the event itself, but to the jural consequences
that ought to attach to the event." Benjamin Cardozo, The
Paradoxes ofLegal Science 83 (1928).
negative causation. Securities. The defense that part of
the plaintiff's damages were caused by factors other
than the depreciation in value ofthe securities result
ing from registration-statement defects . Ifnegative
causation is proved, the plaintiff's damages should be
reduced. 15 USCA  77k(e). [Cases: Securities Regula
tion C=>2S.21(S).]
transaction causation. Securities. The fact that an
investor would not have engaged in a given transaction

250 causative
if the other party had made truthful statements at
the required time. [Cases: Securities Regulation
60.47.]
causative (kaw-z;:Hiv), adj. 1. Effective as a cause or
producing a result <causative factor of the accident>.
2. Expressive of causation <the causative relationship
between drinking and assault>. Cf. CAUSAL.
causator (kaw-zay-t.n), n. [Latin "promoter of litiga
tion"] Hist. 1. A litigant. 2. A person who manages or
litigates a cause for another.
cause, n. (Be) 1. Something that produces an effect or
result <the cause ofthe accident>.
"It has been said that an act which in no way contributed
to the result in question cannot be a cause of it; but this,
of course, does not mean that an event which might have
happened in the same way though the defendant's act
or omission had not occurred, is not a result of it. The
question is not what would have happened, but what did
happen." Joseph H. Beale, The Proximate Consequences of
an Act, 33 Harv. L. Rev. 633, 638 (1920).
but-for cause. (1924) The cause without which the event
could not have occurred. Also termed actual cause;
cause in fact;factual cause.
concurrent cause. (17c) One oftwo or more causes that
Simultaneously produce a result.
contributing cause. A factor that -though not the
primary cause plays a part in prodUcing a result.
cooperative cause. Archaic. A person who is contribu
torily or comparatively negligent.
direct and proximate cause. See proximate cause.
direct cause. See proximate cause.
efficient adequate cause. See proximate cause.
efficient cause. See proximate cause.
efficient intervening cause. See intervening cause.
efficientproximate cause. See proximate cause.
factual cause. See but-for cause.
first cause. See prOXimate cause.
immediate cause. (16c) The last event in a chain of
events, though not necessarily the proximate cause
of what follows. -Also termed effective cause.
initial cause. See proximate cause.
intervening cause. (17c) An event that comes between
the initial event in a sequence and the end result,
thereby altering the natural course of events that
might have connected a wrongful act to an injury.
-If the intervening cause is strong enough to relieve
the wrongdoer of any liability, it becomes a supersed
ing cause. A dependent intervening cause is one that
is not an act and is never a superseding cause. An
independent intervening cause is one that operates
on a condition produced by an antecedent cause but
in no way resulted from that cause. Also termed
intervening act; intervening agency; interveningforce;
independent intervening cause; efficient intervening
cause; supervening cause; novus actus interveniens; nova causa interveniens. See superseding cause. [Cases:
Negligence (=430.]
jural cause. See proximate cause.
legal cause. See proximate calise.
primary cause. See proximate cause.
procuring cause.!. See proximate cause (2). 2. Real
estate. The efforts of the agent or broker who effects
the sale of realty and who is therefore entitled to a
commission. [Cases: Brokers (:::::.'53.]
proximate cause. (17c) 1. A cause that is legally suf
ficient to result in liability; an act or omission that is
considered in law to result in a consequence, so that
liability can be imposed on the actor. [Cases: Negli
gence (=>375.] 2. A cause that directly produces an
event and without which the event would not have
occurred. [Cases: Negligence (=379,385.] Also
termed (in both senses) direct cause; direct and proxi
mate cause; efficient proximate calise; efficient cause;
effiCient adequate cause; initial cause;jirst cause; legal
cause; procuring cause; producing cause; primary
cause;jural cause. Cf. (in sense 2) remote cause.
'The four 'tests' or 'clues' of proximate cause in a criminal
case are (1) expediency, (2) isolation, (3) foreseeability and
(4) intention." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 823 (3d ed. 1982).
"'Proximate cause' -in itself an unfortunate term is
merely the limitation which the courts have placed upon the
actor's responsibility for the consequences of the actor's
conduct. In a philosophical sense, the consequences of an
act go forward to etern ity, and the causes of an event go
back to the dawn of human events, and beyond. But any
attempt to impose responsibility upon such a basis would
result in infinite liability for all wrongful acts, and would
'set society on edge and fill the courts with endless litiga
tion.' [North v. Johnson, 58 Minn. 242, 59 N.W. 1012 (1894).]
As a practical matter, legal responsibility must be limited to
those causes which are so closely connected with the result
and of such significance that the law isjustified in imposing
liability. Some boundary must be set to liability for the
consequences of any act, upon the basis of some social
idea ofjustice or policy." W. Page Keeton et aI., Prosser and
Keeton on Torts  41, at 264 (5th ed. 1984).
remote cause. (16c) A cause that does not necessarily
or immediately produce an event or injury. C proxi
mate cause (2). [Cases: Negligence (=383.]
sole cause. (16c) The only cause that, from a legal
viewpOint, produces an event or injury. -If it comes
between a defendant's action and the event or injury
at issue, it is treated as a superseding cause. [Cases:
Negligence (=431.]
"When this one dominant cause is found it is treated as
the 'sole cause' for the purposes of the particular case,
even if it might not be so treated in a different kind of
cause of action. A 'sole cause' which intervenes between
defendant's act and the result in question is spoken of as a
'superseding cause.' .. The phrase 'sole cause,' meaning
the only cause which will receive juridical recognition for
the purposes of the particular case, is convenient to give
emphaSis to three points: (1) If defendant's act was the sole
cause of the death or other socially-harmful occurrence, it
is by definition a proximate cause thereof; (2) if something
other than his act was the sole cause of the harm there
need be no further inquiry so far as he is concerned: (3) it
is not necessary that defendant's act should have been the

251
sole cause of the harm, -which is merely another form
of stating that a contributory cause is sufficient." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 781-82 (3d
ed. 1982).
superseding cause. (1891) An intervening act or force
that the law considers sufficient to override the cause
for which the original tortfeasor was responsible,
thereby exonerating that tortfeasor from liability.
Also termed sole cause. Cf intervening cause. [Cases:
Negligence C::.:>431.]
supervening cause. See intervening cause.
unavoidable cause. A cause that a reasonably prudent
person V\;ould not anticipate or be expected to avoid.
2. A ground for legal action <the plaintiff does not have
cause to file suit>.
good cause. (I6c) A legally sufficient reason . Good
cause is often the burden placed on a litigant (usu. by
court rule or order) to show why a request should be
granted or an action excused. '{he term is often used
in employment-termination cases. -Also termed
good cause shown; just cause; lawful cause; sufficient
cause.
"Issues of 'just cause,' or 'good cause,' or simply 'cause'
arise when an employee claims breach of the terms of an
employment contract providing that discharge will be only
for just cause. Thus, just cause is a creature of contract.
By operation of law, an employment contract for a definite
term may not be terminated without cause before the expi
ration of the term, unless the contract provides otherwise."
Mark A. Rothstein et aI., Employment Law  9.7, at 539
(1994).
probable cause. See PROBABLE CAUSE.
3. A lawsuit; a case <the court has 50 causes on the
motion docket>.
preferred cause. A case that a court may for good
reason accelerate and try ahead ofother cases. Also
termed preference case; preference cause. [Cases: Trial
13,12.]
short cause. A case that requires little time to try, usu.
half a day or less. -Also termed short-cause trial.
[Cases: Trial C=13,12.]
4. CAUSA (2).
cause, vb. To bring about or effect <dry conditions caused
the fire>.
cause-and-prejudice rule. (1977) Criminal law. The
doctrine that a prisoner petitioning for a federal writ of
habeas corpus on the basis ofa constitutional challenge
must first show that the claim rests on either a new rule
of constitutional law (one that was unavailable while
the case was heard in the state courts) or a fact that
could not have been uncovered earlier despite due dili
gence' and then show by clear and convincing evidence
that if the constitutional error had not occurred, the
prisoner would not have been convicted. 28 USCA
 2254(e)(2) .  This is an exception to the procedural
default doctrine. Before 1996, the cause-and-prejudice
rule allowed federal courts to grant relief on the basis
ofa constitutional challenge that was not presented to
the trial if the prisoner showed good cause for failing causidicus
to make the challenge at trial, and also showed that
the trial court's error actually prejudiced the prisoner.
[Cases: Criminal Law ("r,1438; Habeas Corpus
404-409.]
cause celi~bre (kawz sa


438; Habeas Corpus
404-409.]
cause celi~bre (kawz sa-Ieb or kawz say-Ieb-ra). [French
"celebrated case"] (I8c) A trial or decision in which the
subject matter or the characters are unusual or sensa
tional <the O.J. Simpson trial was a cause celebre in
the 1990s>.
cause in fact. See but-for cause under CAUSE (1).
cause lawyering. The practice ofa lawyer who advocates
for social justice by combining the activities oflitiga
tion, community organizing, public education, and
lobbying to advance a cause past its current legal lim i
tations and boundaries. -Also termed activist lawyer
ing; progressive lawyering; radical lawyering. See social
justice under JUSTICE. Cf. PUBLIC-INTEREST LAW.
cause list. See DOCKET (2).
cause ofaction. (I5c) 1. A group ofoperative facts giving
rise to one or more bases for suing; a factual situation
that entitles one person to obtain a remedy in court
from another person; CLAIM (4) <after the crash,
Aronson had a cause of action>. [Cases: Action
1,2.]
"What is a cause of action? Jurists have found it difficult to
give a proper definition. It may be defined generally to be
a situation or state of facts that entitles a party to maintain
an action in a judicial tribunal. This state of facts may
be (a) a primary right of the plaintiff actually violated
by the defendant; or (h) the threatened violation of such
right, which violation the plaintiff is entitled to restrain or
prevent, as in case of actions or suits for injunction; or (e)
it may be that there are doubts as to some duty or right,
or the right beclouded by some apparent adverse right or
claim, which the plaintiff is entitled to have cleared up,
that he may safely perform his duty, or enjoy his property."
Edwin E. Bryant, The Law of Pleading Under the Codes of
Civil Procedure 170 (2d ed. 1899).
2. A legal theory of a lawsuit <a malpractice cause of
action>. Cf. RIGHT OF ACTION. Also termed (in senses
1 & 2) ground ofaction.
new cause ofaction. A claim not arising out of or
relating to the conduct, occurrence, or transaction
contained in the original pleading . An amended
pleading often relates back to the date on which the
original pleading was filed. Thus, a plaintiff may add
claims to a suit without facing a statute-of-limitations
bar, as long as the original pleading was timely filed.
But if the amended pleading adds a claim that arises
out ofa different transaction or occurrence, or out of
different alleged conduct, the amendment does not
relate back to the date on which the original pleading
was filed. Fed. R. Civ. P. 15(c. [Cases: Limitation of
Actions C=127.)
3. Loosely, a lawsuit <there are four defendants in the
pending cause ofaction>. -Abbr. COA.
cause-of-action estoppel. See COLLATERAL ESTOPPEL.
causidicus (kaw-zid-<)-k<)s), n. [Latin "pleader"] Roman
law. A speaker or pleader who pleaded cases orally for
others. Cf. ADVOCATUS.

252 cautio
cautio (kaw-shee-oh), n. [Latin "security"] Roman & civil
law. 1. Security usu. given to ensure the performance
ofan obligation. See BAIL (1); BOND (2). 2. A surety. PI.
cautiones (kaw-shee-oh-neez).
cautio fidejussoria (kaw-shee-oh fI-dee-p-sor-ee-a).
[Latin] Security given by a third party in a contract
offidejussio. See FIDEJUSSION.
cautio judicatum solvi (kaw-shee-oh joo-di-kay-tam
sol-vI). [Latin] A plaintiff's security for court costs.
Also spelled cautio judicatam solvi. (Cases: Costs
105.]
cautio Muciana (kaw-shee-oh myoo-shee-ay-na).
(Latin "security introduced by Mucius Scaevola"]
Security given by an heir or legatee to obtain imme
diate possession of a conditional inheritance. -The
condition in the will usu. required an heir to refrain
from doing some act, such as marriage or overseas
travel.
cautio pigneratitia (kaw-shee-oh pignar-a-tish
[eel-a). [Latin "security by pledge"] Security given
by pledging goods. -Also spelled cautio pignera
ticia; cautio pignoratitia. Cf. actio pigneratitia under
ACTIO.
cautio pro expensis (kaw-shee-oh proh ek-spen-sis).
[Latin "security for costs"] Security for court costs.
[Cases: Costs C~105.]
cautio usufructuaria (kaw-shee-oh yooz-ya-frak
chooair-ee-a). [Latin "tenant's security"] Security
given by a usufructuary or tenant for life or a term
of years against waste of the enjoyed property. See
USUFRUCT.
caution (kay-sh;m). Civil & Scots law. 1. Security given to
ensure performance ofsome obligation. See JURATORY
CAUTION (2). 2. The person who gives the security; a
cautioner. See BAIL (4).
cautionary instruction. See JURY I~STRUCTION.
cautione admittenda. See DE CAUTIONE ADMITTENDA.
cautioner (kaw-shan-ar or [in senses 2 and 3] kay
shan-arlo 1. A person who cautions or warns. 2. Civil
& Scots law. A person who puts up security to ensure
the performance of some obligation. 2. Scots law. A
personal security.
caution money. See EARNEST MONEY.
cautionry (kay-shan-ree), n. Scots law. 1he obligation to
act as surety for another.
c.a.v. abbr. CURIA ADVISARI VULT.
caveat (kav-ee-aht or kay-vee-at or kavee-at). [Latin "let
him or her beware"] (l6c) 1. A warning or proviso <he
sold the car to his friend with the caveat that the brakes
might need repairs>.
caveat actor (ak-tor). [Latin]l.et the doer, or actor,
beware.
caveat emptor (emp-tor). [l.atin "let the buyer beware"]
A doctrine holding that purchasers buy at their own
risk. -Modern statutes and cases have greatly limited the importance ofthis doctrine. [Cases: Sales C:::>41,
167,269; Vendor and Purchaser ~37.]
"It [caveat emptor] is one of that tribe of anonymous Latin
maxims that infest our law ... they fill the ear and sound
like sense, and to the eye look like learning; while their
main use is to supply the place of either or both." Gulian
C. Verplanck, An Essay on the Doctrine of Contracts 218
(1825).
"Caveat emptor is the ordinary rule in contract. A vendor
is under no duty to communicate the existence even of
latent defects in his wares unless by act or implication he
represents such defects not to exist." William R. Anson,
Principles ofthe Law ofContract 245 (Arthur l. Corbin ed.,
3d Am. ed. 1919).
''This action of unfair competition is the embodiment in law
of the rule of the playground -'Play fair!' For generations
the law has enforced justice .... The maxim caveat emptor
is founded on justice; the more modern rule that compels
the use of truth in selling goods is founded on fairness. It
conflicts with the rule of caveat emptor." Harry D. Nims, The
Law of Unfair Competition and TradeMarks 25 (1929).
caveat venditor (ven-di-tor). [l.atin] l.et the seller
beware. [Cases: Sales ~269.1
caveat viator (vI-aytor). [Latin "let the traveler
beware"]. The duty ofa traveler on a highway to use
due care to detect and avoid defects in the way.
2. A formal notice or warning given by a party to a
court or court officer requesting a suspension of pro
ceedings <the decedent's daughter filed a caveat stating
the facts on which her will contest is based>. 3. Under
the Torrens system ofland titles, a formal notice ofan
unregistered interest in land. -Once lodged with the
register ofdeeds, this notice prevents the register from
recording any dealing affecting the estate or the interest
claimed. See TORRENS SYSTEM. [Cases: Records
9(13.1).] caveat, vb.
caveatable (kay-vee-at-d-bdl), adj. Ofor relating to a legal
or equitable interest that is protectable by a caveat. See
CAVEAT (2), (3).
caveatee (kay-vee-at-ee). One whose interest is chal
lenged by a caveat.
caveator (kay-veeay-tdr). One who files a caveat, esp. to
challenge the validity of a will; CONTESTANT (1).
C.B. abbr. 1. COMMON BENCH. 2. Hist. Chief Baron of
the Exchequer.
CBA. abbr. COLLECTIVE-BARGAINING AGREEMENT.
CBO. abbr. CONGRESSIONAL BUDGET OFFICE.
CBOE. abbr. CHICAGO BOARD OPTIONS EXCHANGE.
CBOT. abbr. CHICAGO BOARD OF TRADE.
CBT. abbr. CHICAGO BOARD OF TRADE.
CC. abbr. 1. Circuit, city, civil, or county court. 2.
Chancery, civil, criminal, or Crown cases. 3. CIVIL
CODE.
CCC. abbr. 1. COMMODITY CREDIT CORPORATION. 2.
CUSTOMS COOPERATION COUNCIL.
C corporation. See CORPORATION.
CCPA. abbr. 1. COURT OF CUSTOMS AND PATENT APPEALS.
2. CONSUMER CREDIT PROTECTION ACT.

CCR. abbr. UNITED STATES COMMISSION ON CIVIL
RIGHTS.
CD. abbr. CERTIFICATE OF DEPOSIT.
CDC. abbr. CENTERS FOR DISEASE CONTROL AND PRE
VENTION.
CDFI Fund. abbr. COMMUNITY DEVELOPMENT FINAN
CIAL INSTITUTION FUND.
CEA. abbr. COUNCIL OF ECONOMIC ADVISORS.
ceap (cheep). Hist. Anything for sale; a chattel (usu.
cattle) used as a medium for barter.
ceapgild (cheep-gild). Hist. A tax or fine paid with
an animal rather than with money. Also spelled
ceapgilde.
cease, vb. 1. To stop. forfeit, suspend, or bring to an
end. 2. To become extinct; to pass away. cessation
(se-say-shan), n.
cease-and-desist letter. A cautionary notice sent to an
alleged wrongdoer, describing the offensive activity and
the complainant's remedies and demanding that the
activity stop. _ A cease-and-desist letter is commonly
used to stop or block the suspected or actual infringe
ment of an intellectual-property right before litiga
tion. Ignoring a cease-and-desist letter may be used as
evidence that the infringement was willfuL
cease-and-desist order. (1918) A court's or agency's
order prohibiting a person from continuing a particu
lar course of conduct. See INJUNCTION; RESTRAINING
ORDER. [Cases: Administrative Law and Procedure
510; Injunction 202.1.J
ceasefire. See TRUCE.
cedant. See REINSURED.
cede (seed), vb. (18c) 1. To surrender or relinquish. 2. To
assign or grant. cession (sesh-an), n. cessionary
(sesh-an-er-ee), adj.
cedent. See REINSURED.
cedula (say-doo-lah). [Spanish] Spanish law. 1. An official
document used to identify someone; an identity card.
2. A promissory note. 3. A summons; speci., a citation
requiring a fugitive to appear in court to face criminal
charges. _ The citation is usu. affixed to the fugitive's
door. 4. Hist. A decree of the Spanish Crown; esp., a
royal enactment issued by the Council ofCastile or of
the Indies.
ceiling price. See PRICE.
ceiling rent. See RENT (1).
cenegild (kay-na-gild). Hist. An expiatory fine paid by a
murderer to the victim's relatives.
censere (sen-seer-ee), vb. [Latin "to express an opinion"]
Roman law. To decree or resolve.
censo (sen-soh). [Spanish] Spanish law.!. The census;
specif., an official count ofthe people within a nation,
state, district, or other political subdivision. 2. Ground
rent. 3. An annuity or payment for the use ofland. censo al quitar (ahl kee-tahrl. A redeemable annuity.
Also termed censo redimible.
censo consignativo (sen-soh kawn-seeg-nah-tee-voh).
A transferable annuity backed by a lien on the debtor's
real property. -The debtor retains full legal title to the
real property. -Also termed censo consignatorio.
censo enfiteutico (en-fee-tay-oo-tee-koh). A real
property owner's annuity from a usufructuary tenant;
an annuity paid from an


oh). A real
property owner's annuity from a usufructuary tenant;
an annuity paid from an emphyteusis (a long-term
lease ofland). See EMPHYTEUSIS.
censo redimible. See censo al quitar.
censo reservatio (ray-ser-vah-tee-oh). An annuity
payable by a grantee of land to the grantor.  The
annuity is reserved when the land is transferred to
the grantee.
censor, n. 1. Roman law. (ital.) A Roman officer who
acted as a census taker, assessor, and reviewer ofpublic
morals. 2. A person who inspects publications, films,
and the like for objectionable content. 3. In the armed
forces, someone who reads letters and other commu
nications and deletes material considered a security
threat. censorial, adj. -censorship, n.
censor (sen-sar), vb. (1882) To officially inspect (esp. a
book or film) and delete material considered offen
sive.
censorial jurisprudence. See LAW REFORM.
censumethidus (sen-s;)-meth-a-das). [Law Latin] See
MORTMAIN. Also spelled censumorthidus.
censure (sen-shar), n. (14c) An official reprimand or
condemnation; harsh criticism <the judge's careless
statements subjected her to the judicial council's
censure>. censorious, adj.
censure, vb. To reprimand; to criticize harshly <the
Senate censured the senator for his inflammatory
remarks>.
census. (l7c) An official count ofpeople made for the
purpose ofcompiling social and economic data for the
political subdivision to which the people belong. PI.
censuses. [Cases: Census
federal census. A census of a state or territory, or
a portion of either, taken by the Census Bureau of
the United States. _ The Constitution (art. 1,  2)
requires only a simple count ofpersons for purposes
ofapportioning congressional representation among
the states. Under Congress's direction, however, the
census has evolved to include a wide variety ofinfor
mation that is useful to businesses, historians, and
others not affiliated with the federal government.
[Cases: Census
Census Bureau. See BUREAU OF THE CENSUS.
centena (sen-tee-na). [fro Latin centum "hundred"] Hist.
A district containing 100 freemen, established among
the Germans, Franks, Goths, and Lombards. _ The
centena corresponds to the Saxon hundred.

centenarius
centenarius (sen-t;)-nair-ee-;)s). [fr. Latin centum "hun
dred-man"] Hist. A petty judge or under-sheriff of a
hundred. See HUNDRED.
Center for Minority Veterans. A unit in the U.S. Depart
ment ofVeterans Affairs responsible for promoting the
use ofVA services, benefits, and programs by minority
veterans. [Cases: Armed Services (;=102.]
Center for Women Veterans. A unit in the U.S. Depart
ment ofVeterans Affairs responsible for advising female
veterans about VA programs and for evaluating VA
programs to ensure access by women. [Cases: Armed
Services.(;::::c 102.]
center-of-gravity doctrine. Conflict oflaws. The rule
that, in choice-of-Iaw questions, the law of the juris
diction with the most significant relationship to the
transaction or event applies. -Also termed signiftcant
relationship theory; grouping-oj-contacts theory. [Cases:
Action C::) 17.]
Centers for Disease Control and Prevention. An agency
in the U.S. Department ofHealth and Human Services
responsible for conducting medical research, promot
ing disease and injury prevention, and responding to
public-health emergencies . This agency was estab
lished in 1999 when the Department of Health and
Human Services was reorganized. Its forerunner was
the Communicable Diseases Center, established in
1964. Abbr. CDC.
centesirna (sen-tes-;J-m<l), n. & adj. [Latin "one-hun
dredth"] Roman law. The hundredth part; 1%. See
USURAE CENTESIMAE.
Central American Court of Justice. A court created
in 1962 under the 1951 Charter of the Organization
of Central American States between Costa Rica, El
Salvador, Guatemala, Honduras, and Nicaragua,
to guarantee the rights of the various republics to
maintain peace and harmony in their relations and to
prevent recourse to the use of force.This court's pre
decessor of the same name was created by a 1908 con
vention between the same parties, and dissolved in 1918
when the convention expired. It was re-created in 1962
by the Organization of Central American States.
central clearing system. A method offacilitating securi
ties transactions in which an agent or subsidiary of an
exchange acts as a clearinghouse for member brokerage
firms by clearing their checks, settling their accounts,
and delivering their payments. Most transactions
are reflected solely by computerized book entries, and
clearinghouse statements are submitted shOWing the
net balance to be paid to reconcile the member firm's
accounts.
Central Criminal Court. The Crown Court sitting
in London, formerly known as the Old Bailey . The
Central Criminal Court, created in 1834, has jurisdic
tion to try all indictable offenses committed in London.
See CROWN COURT.
Central Criminal Court Act. See PALMER'S ACT. 254
central government. See Jederal government (1) under
GOVERNMENT.
Central Intelligence Agency. An independent federal
agency that compiles intelligence information, conducts
counterintelligence activities outside the United States,
and advises the President and the National Security
Council on matters offoreign intelligence and national
security. It was created by the National Security
Act of 1947.50 USC A  401 et seq. -Abbr. CIA. See
NATIONAL SECURITY Cm;NCIL.
Central Office. English law. The primary office for most
of England's courts . The Central Office was estab
lished in 1879 to consolidate the masters and associates
of the common-law courts, and the clerical functions
of the Crown Office of the Queen's Bench Division,
the Report and Enrollment offices of the Chancery
Division, and several other offices.
centumviri (sen-bm-v;)-n), n. pl. [Latin "hundred men"]
Roman law. A court with jurisdiction to hear important
cases, esp. those relating to inheritances and disputed
wills. The court originally consisted of 105 judges 3
from each of the 35 tribes.
CEO. abbr. CHIEF EXECUTIVE OFFICER.
ceor} (chorl). Hist. A Saxon freeman who either pos
sessed no landed property or held land of a thane by
paying rent or providing services . After the Norman
Conquest, ceorls were reduced to the status of unfree
villeins. Under Norman rule, the variant form of the
word, churl, became associated with a base peasant,
and soon acquired the connotation of a surly, coarse
person (hence the modern meaning). -Also termed
churl; cirliscus.
cepi (see-pI). [Latin] Hist. I have taken . Cepi was often
used in a capias return by an arresting sheriff, as in cepi
corpus et est in custodia ("I have taken the defendant
[or body] and he is in custody").
"But for injuries committed with force to the person,
property, or possession, of the plaintiff, the law, to punish
the breach of the peace, and prevent its disturbance in the
future, provided also a process against the defendant's
person . ... This process was called a capias ad respon
dendum, which at once authorised the sheriff to take the
defendant, and imprison him till the return-day, and then
produce him in court.... If by this process the defen
dant was arrested, the sheriff returned it with cepi corpus
indorsed. But notwithstanding this writ commanded the
sheriff to take and secure him till the returnday. he might,
at his own peril, have let the defendant continue at large;
though he was liable, in case of his non appearance in
court, to make amends to the plaintiff in an action for an
escape, or to be amerced by the court for the contempt,
in not producing the body pursuant to the return he had
made on the writ." George Crompton, Practice Common
Placed: Rules and Cases of Practice in the Courts of King's
Bench and Common Pleas xiii-xliii (3d ed. 1787).
cepi corpus et bail (see-pI kor-pdS et bayt). I have
arrested and then released the defendant on a bail
bond.
cepi corpus et committitur (see-pI kor-p;)s et k;)-mit
;)-t;)r). I have arrested and committed the defendant
(to prison).

255
cepi corpus etest languidus (see-pI kor-Pds et est lang
gWd-dds). I have arrested the defendant and he is sick.
 This notation in a sheriff's return indicated that the
defendant was too sick to be moved safely from the
place ofarrest.
cepi corpus etparatum habeo (see-pI kor-pds et pd-ray
tdm hay-bee-oh). I have made an arrest and am ready
to produce the defendant.
cepit (see-pit). [Latin] Hist. He took. This was the
main verb in a declaration in an action for trespass
or replevin.
cepit et abduxit (see-pit et ab-duk-sit). [Latin] Hist. He
took and led away. This declaration appeared in either
a writ of trespass or a larceny indictment for theft of
an animal.
cepit et asportavit (see-pit et as-por-tay-vit). [Latin] Hist.
He took and carried away . This declaration appeared
in either a writ of trespass or a larceny indictment for a
defendant's wrongfully carrying away goods.
cepit in alia loco (see-pit in ay-lee-oh lob-kohl. [Latin]
Hist. He took in another place . This phrase appeared
in a replevin-action pleading in which a defendant
asserted that the property had been taken at a place
other than that named in the plaintiff's declaration.
CEQ. abbr. COUNCIL ON ENVIRONMENTAL QUALITY.
cerage (seer-ij). See WAX SCOT.
cera impressa (seer-d im-pres-d). [Latin "impressed
wax"] Hist. An impressed seal.  Cera impressa orig
inally referred only to wax seals, but later came to
include any impressed seal, regardless ofthe substance
impressed. See SEAL.
''The courts have held that an impression made on wafers
or other adhesive substance capable of receiving an
impreSSion comes within the definition of 'cera impressa.' If
then wax be construed to be merely a general term includ
ing any substance capable of receiving and retaining the
impression of a seal, paper, if it has that quality, may well
be included in the category. The machine now used to
impress public seals does not require any substance to
receive or retain the impression, which is as well defined,
as durable less likely to be defaced than that made on
wax. It is the seal which authenticates, not the substance
impressed." William C. Anderson, A Dictionary ofLaw 926
(1889).
ceratium (si-ray-shee-dm). See WAX SCOT.
CERCLA (sar-kla). abbr. Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
 This statute holds responsible parties liable for the
cost of cleaning up hazardous-waste sites. 42 USCA
 9601 et See SUPERFUND. [Cases: Environmental
Law
"CERCLA is probably the most controversial environmental
law ever enacted. Supporters praise it as a vital program
to safeguard human health and the environment from
the toxic consequences of decades of irresponsible waste
handling. Citing cost estimates ranging up to $750 billion,
critics deride it as an extraordinarily expensive measure
which imposes crippling liability on innocent parties to
fund deanups which are either unnecessary or largely
ineffective." John G. Sprankling & Gregory S. Weber, The
Law ofHazardous Wastes and Toxic Substances in a Nutshell
256 (1997). certificate of assize
ceremonial marriage. See MARRIAGE (3).
cert. abbr. CERTIORARI.
certain contract. See CONTRACT.
certans de damno vitando (sar-tanz dee dam-noh VI
tan-doh). [Law Latin] Hist. Striving to avoid a loss.
certans de lucro captando (sar-tanz dee loo-kroh kap
tan-doh). [Law Latin] Hist. Striving to make a gain;
attempting to obtain an advantage.
certificando de recognitione stapulae (s<'lr-ti-fi-kan-doh
dee rek-<'lg-nish-ee-oh-nee stay-pYd-Iee). [Law Latin
"by certifying the recognition of the statute staple"]
Hist. A writ commanding the holder of certain com
mercial debt instruments (i.e., the mayor ofthe staple)
to certify to the lord chancellor the existence and
terms of a statute staple (i.e., a bond for commercial
debt) wrongfully detained by a party to the bond. See
STATUTE STAPLE.
certificat d'utilite. Patents. [French] L"TILITY MODEL.
certificate, n. (15c) 1. A document in which a fact is
formally attested <death certificate>. See STOCK CER
TIFICATE. 2. A document certifying the bearer's status
or authorization to act in a specified way <nursing cer
tificate>. 3. A notice by one court to another court of
the action it has taken <when issuing its opinion, the
Seventh Circuit sent a certificate to the Illinois Supreme
Court>.
cert


has taken <when issuing its opinion, the
Seventh Circuit sent a certificate to the Illinois Supreme
Court>.
certificate creditor. See CREDITOR.
certificated security. See SECURITY.
certificate into chancery. English law. The decision of
a common-law court on a legal question submitted by
the chancery court.
certificate land. See LAND.
certificate ofacknowledgment. See ACKNOWLEDGMENT
(5).
certificate of amendmeut. A document filed with a
state corporation authority, usu. the secretary ofstate,
reflecting changes made to a corporation's articles of
incorporation. [Cases: Corporations (;::::040.]
certificate ofappealability. In an appeal from the denial
offederal habeas corpus relief, a document issued by a
United States circuit judge certifying that the prisoner
showed that a constitutional right may have been
denied. 28 USCA  2253(c)(2) . The prisoner does not
have to show that the case would succeed on the merits,
only that reasonable jurists would find the claim at least
debatable. Miller-EI v. Cockrell, 537 U.S. 322, 123 S.Ct.
1029, 1039 (2003). If the certificate is not issued, no
appeal is possible. 28 USCA  2253 (c)(l); Fed. R. App.
P. 22(b). -Abbr. COA. Also termed (before 1996)
certificate ofprobable cause (Abbr. CPC); certificate of
reasonable doubt; writ ofprobable cause . [Cases: Habeas
Corpus (;::::0818.]
certificate ofassize. Hist. In England, a writ granting a
retrial.  The certificate ofassize has been replaced by
a court order granting a new trial.

certificate ofauthority. (1808) 1. A document authen
ticating a notarized document that is being sent to
another jurisdiction . The certificate assures the
out-of-state or foreign recipient that the notary public
has a valid commission. -Also termed certificate of
capacity; certificate of official character; certificate of
authentication; certificate ofprothonotary; certificate of
magistracy; apostille; verification. 2. A document issued
by a state agency, usu. the secretary of state, granting
an out-of-state corporation the right to do business in
the state. Also termed (in some states) certificate of
qualification. [Cases: Corporations C=c648.]
certificate of bad faith. In a case in which a party has
been allowed to proceed in a United States District
Court in forma pauperis, a court-issued document
attesting that an appeal by that party would be frivo
lous and therefore should not be allowed unless the
party pays the ordinary filing fees and costs. 28 USCA
 1915 (a)(3). Cf. CERTIFICATE OF GOOD FAITH. [Cases:
Federal Civil Procedure C=c2734.]
certificate of capacity. See CERTIFICATE OF AUTHOR
ITY (1).
certificate of conference. (l979) A section ofa pleading
or motion filed with the court, usu. contained sepa
ratelyon a page near the end of the document, whereby
the party filing the pleading or motion certifies to the
court that the parties have attempted to resolve the
matter, but that a judicial determination is needed
because an agreement could not be reached . Courts
require some motions to have a certificate of confer
ence attached to them. This compels the parties to try
to resolve the issue themselves, without burdening the
court unless necessary. Fed. R. Clv. P. 26(c), 37.
certificate of convenience and necessity. A certificate
issued by an administrative agency granting operat
ing authority to a utility or transportation company.
Also termed certificate of public convenience and
necessity. [Cases: Automobiles Carriers
Public Utilities C=c 113.]
certificate ofconviction. A signed and certified warrant
authorizing a person's imprisonment after an adjudica
tion of guilt.
certificate of correction. 1. A document that corrects
an error in an official document, such as a certificate
of incorporation. 2. Patents. A document issued by
the U.S. Patent and Trademark Office after a patentee
or assignee rectifies a minor error unrelated to either
questions ofownership or else defects in a patent appJi
cation's specifications or drawings . The certificate can
correct only three types oferrors: (1) mistakes made by
the PTO, (2) minor clerical or typographical errors, and
(3) the omission or misidentification of an inventor's
name. 35 USCA  254-256. Cf. reissue patent under
PATENT (3). [Cases: Patents
certificate of deposit. (1846) 1. A banker's certificate
acknowledging the receipt ofmoney and promising to
repay the depositor. Also termed certificate ofindebt
edness. 2. A bank document showing the existence of a time deposit, usu. one that interest. -Abbr. CD.
[Cases: Banks and Banking 152.]
negotiable certificate ofdeposit. A security issued by a
financial institution as a short-term source offunds,
usu. with a fixed interest rate and maturity ofone year
or less. [Cases: Banks and Banking C=c152.]
certificate of discharge. See SATISFACTION PIECE.
certificate of dishonor. See NOTICE OF DISHONOR.
certificate ofdissolution. A document issued by a state
authority (usu. the secretary of state) certifying that a
corporation has been dissolved.
certificate ofelection. A document issued by a governor,
board of elections, or other competent authority cer
tifying that the named person has been duly elected.
[Cases: Elections C=c 126(7), 265.J
certificate ofgood faith. In a case in which a party has
been allowed to proceed in a United States District
Court in forma pauperis, a document issued by the
court attesting that an appeal by the party would not
be frivolous, so the party should not be required to pay
costs or security . District judges occaSionally issue
certificates of good faith even though they are never
required: a party is allowed to appeal in forma pauperis
unless the court issues a certificate of bad faith. 28
USCA  1915(a)(3). Cf. CERTIfICATE OF BAD FAITH.
[Cases: Federal Civil Procedure~' 2734.]
certificate ofholder of attached property. A certificate
given by a person who holds but does not own
property attached by a sheriff . The certificate sets
forth the holder's interest in the property. [Cases:
Attachment C~)187.]
certificate of incorporation. (18c) 1. A document
issued by a state authority (usu. the secretary of state)
granting a corporation its legal existence and the right
to function as a corporation. Also termed charter;
corporate charter. 2. ARTICLES OF INCORPORATION.
[Cases: Corporations (:::::> 18.]
certificate of indebtedness. 1. See DEBENTURE. 2. See
TREASL'RY BILL. 3. See CERTIFICATE OF DEPOSIT (1).
certificate of insurance. A document acknowledging
that an insurance policy has been written, and setting
forth in general terms what the policy covers. [Cases:
Insurance
certificate of interest. Oil & gas. A document evidenc
ing a fractional or percentage ownership in oil-and-gas
production.
certificate of magistracy. See CERTIFICATE OF AL'THOR
ITY (1).
certificate ofmarriage. See MARRIAGE CERTIFICATE.
certificate of merit. A certificate, Signed by the plain
tiff's attorney and filed with the complaint in a civil
suit, declaring that the plaintiff's attorney has con
ferred with at least one competent expert and after
ward concluded that the suit has merit . Many states
have a law mandating certificates of merit in certain
types of cases, such as professional malpractice. The

257
law's purpose is to weed out frivolous claims as early
as possible. Jn those states, if a certificate is not filed
with the complaint, the action is usu. dismissed. Ifthe
law requires the certificate to be signed under oath or
penalty of perjury, it is sometimes called an affidavit of
merit. [Cases: Attorney and Client c?129(1); Health
~804;Negligence {.;: 1506.]
certificate of occupancy. A document indicating that
a building complies with zoning and building ordi
nances, and ready to be occupied. - A certificate of
occupancy is often required before title can be trans
ferred and the building occupied. [Cases: Health
392; Zonillg and Planning ~371.]
certificate of official character. See CERTIFICATE OF
AUTHORITY (1).
certificate of probable cause. See CERTIFICATE OF
APPEALABILITY.
certificate of proof. See PROOF OF ACKNOWLEDGMENT.
certificate of protest. See NOTICE OF DISHONOR.
certificate of prothonotary. See CERTIFICAn: OF
AUTHORITY (1).
certificate ofpublic convenience and necessity. See CER
TIFICATE OF CONVENIENCE AND NECESSITY.
certificate of purchase. A document reflecting a suc
cessful bid for property at a judicial sale. -The bidder
receives a property deed ifthe land is not redeemed or
ifthe sale is confirmed by court order. -Also termed
certificate ofsale. [Cases; Judicial Sales (,'-='61.]
certificate of qualification. See CERTIFICATE OF
AUTHORITY (2).
certificate of reasonable doubt. See CERTIFICATE OF
APPEALABILITY.
certificate ofredemption. A document issued by a sheriff
or other statutorily designated officer to a debtor whose
property has been foreclosed as evidence that the debtor
paid the redemption price for the foreclosed property.
See statutory redemption under REDEMPTION.
certificate of registration.!. Copyright. A U.S. Copy
right Office document approving a copyright applica
tion and stating the approved work's registration date
and copyright registration number. [Cases: Copyrights
and Intellectual Property C::>SO.25.] 2. Trademarks. A
document affirming that the U.S. Patent and Trademark
Office has allowed and recorded a trademark or ser
vicemark. -The certificate identifies (1) the registered
mark, (2) the date offirst use, (3) the type ofproduct or
service the mark applies to, (4) the registration number
and date, (5) the registration's term, (6), the original
application date, and (7) any conditions or limitations
on registration. [Cases; Trademarks ~1249.J
certificate ofregistry. Maritime law. A document certi
fying that a ship has been registered as required by law.
See REGISTRY (2). [Cases; Shipping C;)S.]
certificate of rehabilitation.!. A document issued in
some states by a court or other authorized governmen
tal agency, such as a parole board, as evidence that a certification of labor union
convicted offender is entitled to recover at least some of
the rights and privileges of citizenship. -The terms and
conditions under which certificates of rehabilitation
are issued vary widely among the states that use them.
Some states, such as New York, issue different kinds of
rehabilitation certificates based on the number or type
of convictions. [Cases: Convicts 2. A document
issued by a (usu.local) government on the renovation,
restoration, preservation, or rehabilitation ofa historic
building. -The certificate usu. entitles the property
owner to favorable tax treatment. 3. A document attest
ing that substandard housing has been satisfactorily
renovated and meets hOUSing-code standards.
certificate ofsale. See CERTIFICATE OF PURCHASE.
certificate of service. (1819) A section of a pleading or
motion filed with the court, usu. contained separately
on the last page, in which the filing party certifies to
the court that a copy has been mailed to or otherwise
served on all other parties. - A certificate of service
is usu. not included with the initial pleading that the
plaintiff files to begin a suit, because that pleading is
usu. filed before it is served (although the plaintiff may
be required to file proof of service). Other pleadings
and motions are usu. required to have a certificate
of service. Fed. R. Civ. P. Sed). -Also termed proof
ofservice. [Cases: Federal Civil Procedure ~66S;
Pleading ~336; Process ~132.]
certificate ofstock. See STOCK CERTIFICATE.
certificate oftide. (1831) A documentindicating owner
ship of real or personal property. UCC  9-102(a)(1O).
This document usu. identifies anv liens or other encum
brances. [Cases; Property~9.j
certification, n. (ISc) 1. 'Ihe act ofattesting. 2. 'The state
of having been attested. 3. An attested statement. 4. The
writing on the face of a check by which it is certified.
5. A procedure by which a federal appellate court asks
the U.S. Supreme Court or the highest state court to
review a question oflaw arising in a case pending before
the appellate court and on which it needs gUidance.
-Certification is commonly used with state courts,
but the U.S. Supreme Court has steadily restricted
the number of cases it reviews by certification. See
28 USCA  1254(2). Cf. CERTIORARI. [Cases: Federal
Courts C~392, 463.]
certification authOrity. An organization that issues
digital certificates and maintains a database of cer
tificates available on the Internet. -Many states have
licenSing laws for certification authorities. -Also
termed certifying authority. Abbr. CA.
certification hearing. See transfer hearing under
HEARING.
certification mark. See certification trademark under
TRADEMARK.
certification of bargaining agent. See UNION CERTIFI
CATION.
certification oflabor union. See UNION CERTIFICA
TION


aining agent. See UNION CERTIFI
CATION.
certification oflabor union. See UNION CERTIFICA
TION.

258 certification to state court
certification to state court. The procedure by which a
federal court ofappeals defers deciding a novel question
of state law by certifying the question to the highest
court of the state. See CERTIFICATION (5). [Cases:
Federal Courts <:::::=,392.]
certification trademark. See TRADEMARK.
certified check. See CHECK.
certified copy. See COPY.
certified file history. Patents. A patent application
together with records of all proceedings and corre
spondence related to its prosecution, as certified by the
u.s. Patent and Trademark Office for appeals, arbitra
tion, and other postprosecution proceedings. Cf. FILE
WRAPPER. [Cases: Patents c;:::, 160.]
certified financial planner. See FINANCIAL PLANNER.
certified financial statement. See FINANCIAL STATE
MENT.
certified juvenile. See JGVENILE.
certified mail. See MAIL.
certified military lawyer. See LAWYER.
certified public accountant. See ACCOUNTANT.
certified question. (1835) A point of law on which a
federal appellate court seeks guidance from either the
U.S. Supreme Court or the highest state court the
procedure ofcertification. [Cases: Federal Courts
392,463.]
certify, vb. (14c) 1. To authenticate or verify in writing.
2. To attest as being true or as meeting certain criteria.
3. (Of a court) to issue an order allowing a class of
litigants to maintain a class action; to create (a class)
for purposes ofa class action. See CERTIFICATION. Cf.
DECERTIFY. certified, adj.
certifying authority. See CERTIFICATION AUTHORITY.
certiorari (s"r-shee-a-rair-I or -rair-ee or -rah-ree). [Law
Latin "to be more fully informed"] (15c) An extraordi
nary writ issued by an appellate court, at its discretion,
directing a lower court to deliver the record in the case
for review . The writ evolved from one ofthe preroga
tive writs ofthe English Court ofKing's Bench, and in
the United States it became a general appellate remedy.
The U.S. Supreme Court uses certiorari to review most
ofthe cases that it decides to hear. -Abbr. cert. -Also
termed writ ofcertiorari. C CERTIFICATION (S). [Cases:
Certiorari c;:::, L]
"The established method by which the Court of King's
Bench from the earliest times exercised superintendence
over the due observance of their limitations by inferior
courts, checked the usurpation of jurisdiction, and main
rained the supremacy of the royal courts, was by writs of
prohibition and certiorari. A proceeding by writ of certio
rari (cause to be certified) is a special proceeding by which
a superior court requires some inferior tribunal, board. or
judicial officer to transmit the record of its proceedings for
review, for excess of jurisdiction. It is similar to a writ of
error, in that it is a proceeding in a higher court to super
intend and review judicial acts, but it only lies in cases
not appealable by writ of error or otherwise." Benjamin J.
Shipman, Handbook ofCommon Law Pleading  340, at 541
(Henry Winthrop Ballantine ed., 3d ed. 1923). "The discretionary writ of certiorari has come to control
access to almost all branches of Supreme Court jurisdic
tion. Appeal jurisdiction has been narrowly limited, and
certification of questions from federal courts of appeals
has fallen into almost complete desuetude. Certiorari
control over the cases that come before the Court enables
the Court to define its own institutional role." Charles Alan
Wright et aI., Federal Practice and Procedure  4004, at 22
(2d ed. 1996).
"The writ of certiorari (from the Latin certiorar'ie "in form")
is used today in the United States as a general vehicle of
discretionary appeal. Historically, however, the writ had a
much narrower function. It lay only to inferior courts and
only to demand that the record be 'certified' and sent to
the King's Bench to see ifthat [inferior] court had exceeded
its power in particular cases. It was most frequently used
to review criminal indictments and local administrative
orders, and was often used to examine the statutory
authority for acts of administrative bodies created by
statute." Daniel R. Coquillette, The AngloAmerican Legal
Heritage 248 (1999).
certiorari/acias (sdr-shee-a-rair-I fay-shee-as). [Latin
"a cause to be certified"] The command of a writ of
certiorari, referring to certification ofthe court record
for review.
limited certiorari. See narrow certiorari.
narrow certiorari. Certiorari limited to reviewing
questions about jurisdiction, the regularity of the
proceeding, the exercise of unauthorized powers,
and constitutional rights. Narrow certiorari is
usu. applied to appeals from arbitrators' awards or
the decisions of state agencies. It is most common
in Pennsylvania. -Also termed limited certiorari.
[Cases: Certiorari (;:::>64(1).]
certiorari petition. See PETITION.
cert pool. A group ofclerks in the U.S. Supreme Court
who read petitions for certiorari and write memoran
dums fOf the justices with a synopsis of the facts and
issues and often a recommendation ofwhether a grant
ofcertiorari is warranted.
"The cert pool is not without its critics. Some commenta
tors have contended that inexperienced clerks in the cert
pool give short shrift to cases of practical importance in
favor of cases presenting esoteric legal questions ....
Other critics have contended that the cert pool does little
to advance its stated goal of efficiency.... Pool clerks fre
quently must take the time to formally summarize petitions
that would occasion only a brief, candid recommendation
to 'deny' from their own Justices." Robert L. Stern et aI.,
Supreme Court Practice 291 (8th ed. 2002).
certum an et quantum debeatur? (S3r-t"m an et
kwon-t"m dee-bee-ay-t"r). [Law Latin] Hist. Certain
whether there is a debt due at all, and how much is
owed?  These were the two questions that had to be
resolved before a defendant could make a plea in com
pensation.
certus plegius (S"f-t<}S plee-jee-ds). [Latin "sure pledge"]
See SALVUS PLEGIUS.
certworthy, adj. (1965) Slang.{Ofa case or issue) deserv
ing of review by writ of certiorari. -certworthiness,
n.
cess (ses), n. Hist. 1. English law. An assessment or tax. 2.
Scots law. A land tax. -Also spelled cesse; sess.

259
cessation-of-production clause. Oil & gas. A lease provi
sion that specifies what the lessee must do to maintain
the lease if production stops. The purpose of the
clause is to avoid the uncertainties of the temporary
cessation-of-production doctrine. Cf. TEMPORARY-CES
SATION-OF-PRODUCTION DOCTRINE. [Cases: Mines and
Minerals C=>78.1(9).]
"Many oil and gas leases contain provisions intended to
give lessees more certainty than is given by the temporary
cessation of production doctrine. Usually, such provision
takes the form of a temporary cessation of production
clause, a provision in the lease that states that the lease
will be maintained so long as production does not cease for
more than an agreed period of time, usually sixty to ninety
days... : So long as sixty days does not elapse without
operations on the property, the lease will not terminate
even though there is no production." John S. Lowe, Oil and
Gas Law in a Nutshell 258 (3d ed. 1995).
cessavit per biennium (se-say-vit par bI-en-ee-Jm).
[Latin "he ceased for two years"] Hist. A writ of right
available to a landlord to recover land from a tenant
who has failed to pay rent or provide prescribed services
for a two-year period . The writ could also be used to
recover land donated to a religious order if the order
has failed to perform certain spiritual services. -Also
termed cessavit.
cesse. See CESS.
cesser (ses-Jr). 1. Hist. A tenant whose failure to pay rent
or perform prescribed services gives the landowner
the right to recover possession of the land. -Also
spelled cessor; cessure. 2. The termination ofa right or
interest.
"A proviso of cesser is usually annexed to long terms, raised
by mortgage, marriage settlement, or annuity, whereby the
term is declared to be determinable on the happening of
a certain event; and until the event prOVided for in the
declaration of cesser has occurred, the term continues." 4
James Kent, Commentaries on American Law'90 (George
Comstock ed., 11th ed. 1866).
"The cesser of a term, annuity or the like takes place when
it determines or comes to an end. The expression was
formerly chiefly used with reference to long terms of
years created by a settlement for the purpose of securing
portions, etc., given to the objects of the settlement. In
such cases, it was usual to introduce a proviso that the
term should cease when the trusts thereof were satisfied
(as, for example, on the death of the annuitant where the
term was created to secure an annuity). This was called a
proviso for cesser." jowitt's Dictionary ofEnglish Law 308
Uohn Burke ed., 2d ed. 1977).
cesset executio (ses-<'It ek-sa-kyoo-shee-oh). [Latin "let
execution stay"] An order directing a stay of execu
tion.
cesset processus (ses-<'It proh-ses-as). {Latin "let process
stay"] An order entered on the record directing a stay
of a legal proceeding.
cessio (sesh-ee-oh). [Latin "cession"] A relinquishment
or assignment; CESSION.
cessio actionum (sesh-ee-oh ak-shee-oh-nJm). [Latin]
Roman law. The assignment ofan obligation by allowing
a third party to (1) sue on the obligation in the name of
the party entitled to it, and (2) retain the proceeds. cestui que vie
cessio bonorum (sesh-ee-oh bJ-nor-am). [Latin "cession
of goods"] Roman law. An assignment of a debtor's
property to creditors. [Cases: Debtor and Creditor
(>1, 12.]
"It was the Roman equivalent of modern bankruptcy ....
[Olne who thus made cessio bonorum would not become
infamis, was never liable in future beyond his means,
for the old debts, and was not liable to personal seizure
thereafter in respect ofthem."W.w. Buckland, A Manual of
Roman Private Law 388 (2d ed. 1939).
cessiofori (sesh-ee-oh for-I). [Latin] Hist. The giving up
ofbusiness; the act ofbecoming bankrupt.
cessio in jure (sesh-ee-oh in joor-ee). [Latin "transfer in
law"] Roman law. A fictitious action brought to convey
property, whereby the claimant demanded certain
property, the owner did not contest the claim, and a
magistrate awarded the property to the claimant.
cession (sesh-an). (lSc) 1. The act of relinquishing
property rights. 2. Int'llaw. The relinquishment or
transfer of land from one nation to another, esp. after
a war. as part ofthe price ofpeace. [Cases: Indians
155.] 3. The land so relinquished or transferred.
cessionary bankrupt. See BANKRUPT.
cessment (ses-mant). Hist. An assessment or tax.
cessor. See CESSER.
cessure. See CESSER.
cestui (set-ee or ses-twee). [French "he who"] (l6c) A
beneficiary. Also spelled cestuy.
cestui que trust (set-ee [or ses-twee] kee [or ka] tr;)st).
[Law French] (lSc) Archaic. One who possesses equi
table rights in property, usu. receiving the rents, issues,
and profits from it; BENEFICIARY. Also termed fide
commissary;fidei-commissarius. PI. cestuis que trust
or (erroneously) cestuis que trustent. [Cases: Trusts
C=,139.]
"[AJn alternative name for the beneficiary is 'cestui que
trust,' an elliptical phrase meaning 'he [forJ= whose
[benefit the] trust [was created\.' In this phrase cestui is
pronounced 'settee' (with the accent on the first syllable),
que is pronounced 'kee,' and trust as in English. Grammati
cally the plural should be cestuis que trust(pronounced like
the singular); but by an understandable mistake it is some
times written cestuis que trustent, as if trust were a verb."
Glanville Williams, Learning the Law 10 (11th ed. 1982).
cestui que use (set-ee [or ses-twee] kee [or ka] yoos). [Law
French] (16c) Archaic. The person for whose use and
benefit property is being held by another, who holds the
legal title to the property. PI. cestuis que use or (errone
ously) cestuis que usent. [Cases: Trusts 131.]
"The basis of this institution was the transfer of property to
a trusted friend, who was to hold it not for personal benefit
but for the purpose of carrying out the transferor's instruc
tions. The person to whom the land was conveyed for this
purpose was the 'feoffee to uses'; the person for whose
benefit the land was