ations
of all classes fall equally within the definition. In many
jurisdictions foreign corporations are defined by statute,
and the statutory definitions do not differ in substance
from that stated above." 17 Fletcher Cyclopedia on the Law
of Private Corporations  8290, at 6-7 (1998).
for-profit corporation. A corporation organized for
the purpose of making a profit; a business corpora
tion. Also termed corporation for profit; moneyed
corporation.
government corporation. See public corporation (3).
joint-venture corporation. A corporation that has
joined with one or more individuals or corporations
to accomplish some specified project.
lay corporation. English law. A corporation made up of
laypersons, and existing for a business or charitable
purpose. Cf. ecclesiastical corporation.
limited-liability corporation. See limited-liability
company under COMPANY.
migratory corporation. A corporation formed under
the laws of another state than that of the incorpo
rators' residence for the purpose of carrying on a
significant portion of its business in the state of the
incorporators' residence or in a state other than where
it was incorporated.
moneyed corporation. 1. A corporation that uses
money capital in its business, esp. one (such as a bank)
that engages in the exchange or lending of money. 2.
See for-profit corporation.
multinational corporation. A company with opera
tions in two or more countries, generally allowing it
to transfer funds and products according to price and
demand conditions, subject to risks such as changes in
exchange rates or political instability. Also termed
transnational corporation.
multistate corporation. A corporation incorporated
under the laws of two or more states.
municipal corporation. See MU:-<ICIPAL CORPORA
TION.
municipal corporation de facto. See MUNICIPAL COR
PORATION.
nonprofit corporation. (1908) A corporation organized
for some purpose other than making a profit, and
usu. afforded special tax treatment. -Also termed
not-for-profit corporation. Cf. business corporation.
[Cases: Corporations (;::::c3; Internal Revenue
4045-4071.]
nonstock corporation. A corporation that does not
issue shares of stock as evidence of ownership but
instead is owned by its members in accordance with
a charter or agreement.  Examples are mutual insur
ance companies, charitable organizations, and private
clubs. [Cases: Corporations (;::::c64.] corporation
not-for-profit corporation. See nonprofit corporation.
parent corporation. (1893) A corporation that has a
controlling interest in another corporation (called a
subsidiary corporation), usu. through ownership of
more than one-half the voting stock. Often short
ened to parent. -Also termed parent company.
political corporation. See public corporation (2).
private corporation. (17c) A corporation founded by
and composed of private individuals principally for a
nonpublic purpose, such as manufacturing, banking,
and railroad corporations (including charitable and
religious corporations). -Also termed quaSi-indi
vidual. [Cases: Corporations
professional corporation. (1958) A corporation pro
viding services of a type requiring a professional
license. A professional corporation may be made
up of architects, accountants, lawyers, physicians,
veterinarians, or the like. -Abbr. P.e.
public corporation. (17c) 1. A corporation whose shares
are traded to and among the general public. -Also
termed publicly held corporation. [Cases: Corpora
tions 0::;;,3.] 2. A corporation that is created by the
state as an agency in the administration ofcivil gov
ernment. -Also termed political corporation. 3.
A government-owned corporation that engages in
activities that benefit the general public, usu. while
remaining financially independent . Such a corpo
ration is managed by a publicly appointed board.
Also termed (in sense 3) government corporation;
public-benefit corporation. [Cases: States (;::::c84.]
publicly held corporation. See public corporation (1).
public-service corporation. (1894) A corporation
whose operations serve a need of the general public,
such as public transportation, communications, gas,
water, or electricity . This type ofcorporation is usu.
subject to extensive governmental regulation. [Cases:
Public Utilities (;.::::.> 103.J
qualified corporation. See admitted corporation.
quasi-corporation. An entity that exercises some of
the functions of a corporation but that has not been
granted corporate status by statute; esp., a public cor
poration with limited authOrity and powers (such as a
county or school district). Also sometimes termed
quasi-municipal corporation. Cf. MUNICIPAL CORPO
RATION. [Cases: Municipal Corporations
quasi-public corporation. A for-profit corporation pro
viding an essential public service . An example is an
electric company or other utility.
railroad corporation. A corporation organized to
construct, maintain, and operate railroads. -Also
termed railroad company. [Cases: Railroads
"A railroad company or corporation is usually regarded as
a private corporation, and justly so, as contrasted with a
strictly public corporation, such as a city, county, township,
or the like governmental subdivision, but it is not a private
corporation in the strict sense that an ordinary business
corporation is, for it is charged with duties of a public
nature that distinguish it from a purely and strictly private

394 Corporation Act
corporation." 1 Byron K. Elliott & William F. Elliott, A Treatise
on the Law ofRailroads  3, at 7 (3d ed. 1921).
registered corporation. (1928) A publicly held corpora
tion, a security of which is registered under  12 ofthe
Securities Exchange Act of 1934. The corporation is
subject to the Act's periodic disclosure requirements
and proxy regulations. 15 USCA  781.
religious corporation. A corporation created to carry
out some ecclesiastical or religious purpose. See eccle
siastical corporation. [Cases: Religious Societies
4.]
S corpor-ation. (1961) A corporation whose income is
taxed through its shareholders rather than through
the corporation itself . Only corporations with a
limited number of shareholders can elect S-corpo
ration tax status under Subchapter S of the Internal
Revenue Code. Also termed subchapter-S corpora
tion; tax-option corporation. Cf. Ccorporation. [Cases:
Internal Revenue C='3885-3903.]
shelfcorporation. See shelf company under COMPANY.
shell corporation. (1969) A corporation that has no
active business and usu. exists only in name as a
vehicle for another company's business operations.
sister corporation. One of two or more corporations
controlled by the same, or substantially the same,
owners. Also termed brother-sister corporation.
[Cases: Corporations 3.]
small-business corporation. (1898) 1. A corporation
having no more than 75 shareholders and otherwise
satisfying the requirements of the Internal Revenue
Code provisions permitting a subchapter Selection.
IRC (26 USCA)  1361. See S corporation. [Cases:
Internal Revenue C='388S-3903.] 2. A corpora
tion receiving money for stock (as a contribution to
capital and paid-in surplus) totaling not more than
$1,000,000, and otherwise satisfying the requirements
ofthe Internal Revenue Code section 1244(c) thereby
enabling the shareholders to claim an ordinary loss
on worthless stock. IRC (26 USCA)  1244(c).
sole corporation. A corporation having or acting
through only a single member. [Cases: Corporations
03.)
spiritual corporation. A corporation whose members
are spiritual persons, such as bishops, rectors, and
abbots.
stock corporation. A corporation in which the capital
is contributed by the shareholders and divided into
shares represented by certificates. [Cases: Corpora
tions C='6S.J
subchapter-C corporation. See C corporation.
subchapter-S corporation. See S corporation.
subsidiary corporation. (1882) A corporation in which
a parent corporation has a controlling share. - Often
shortened to subsidiary; sub. [Cases: Corporations
C='174.J surviving corporation. A corporation that acquires
the assets and liabilities of another corporation by a
merger or takeover. [Cases: Corporations C='586.]
target corporation. A corporation over which control is
being sought by another party. See TAKEOVER.
tax-option corporation. See Scorporation.
thin corporation. A corporation with an excessive
amount of debt in its capitalization. See thin capi
talization under CAPITALIZATION. [Cases: Corpora
tions
trading corporation. A corporation whose business
involves the buying and selling ofgoods.
tramp corporation. A corporation chartered in a state
where it does not conduct business. [Cases: Corpora
tions C='63S.J
transnational corporation. See multinational corpo
ration.
trust corporation. See trust company under COMPANY.
U.S.-owned foreign corporation. A foreign corporation
in which 50% or more of the total combined voting
power or total value of the stock is held directly or
indirectly by U.S. citizens. IRC (26 USCA)  904(g)
(6). -Ifthe dividend or interest income paid by a
U.S. corporation is classified as a foreign source, the
U.S. corporation is treated as a u.S.-owned foreign
corporation. IRC (26 USCA)  861. [Cases: Internal
Revenue C='4099-4105, 4119.]
Corporation Act. Hist. A 1661 English statute (13 Car.
2, St. 2, ch. 1) prohibiting the holding of public office
by anyone who would not take the Anglican sacrament
and the oaths ofsupremacy and allegiance. -The Act
was repealed by the Promissory Oaths Act of 1871.
corporation counsel. See COUNSEL.
corporation court. See COURT.
Corporation for National and Community Service.
A federal corporation that fosters civic responsibil
ity, provides educational opportunity for those who
contribute services, and oversees AmeriCorps (the
domestic Peace Corps), Learn and Serve America, and
the National Senior Service Corps . It was established
in 1993.42 USCA  12651.
corporator (kor-pJ-ray-tdr). (18c) 1. A member of a cor
poration. 2. INCORPORATOR.
"Usually, a member of a corporation, in which sense it
includes a stockholder; also, one of the persons who are
the original organizers or promoters of a new corporation.
The corporators are not the corporation, for either may
sue the other." William C. Anderson, A Dictionary of Law
266 (1889).
corporeal (kor-por-ee-JI), adj. (15c) Having a physical,
material existence; TANGIBLE <land and fixtures are
corporeal property>. Cf. INCORPOREAL. -corpore
ality, n.
corporeal hereditament. See HEREDITAMENT.
corporeal ownership. See OWNERSHIP.
corporeal possession. See POSSESSION.

395
corporeal property. See PROPERTY.
corporeal thing. See THING.
corps diplomatique (kor dee-pl;J-ma-teek). DIPLOMATIC
CORPS.
corpus (kor-p;Js), n. [Latin "body"] 1. The property for
which a trustee is responsible; the trust principal.
Also termed res; trust estate; trust fund; trust property;
trust res; trust. [Cases: Trusts (::::> 1.] 2. PRINCIPAL (4).
PI. corpora (kor-p;J-r;J), corpuses (kor-p;J-s;Jz).
corpus comitatus (kor-p;Js kom-;J-tay-t;Js). [Latin "the
body of a county"] Hist. The area within a territorial
jurisdiction rather than on the "high seas" and hence
where admiralty jurisdiction did not originally extend.
See INFRA CORPUS COMITATUS.
corpus corporatum (kor-p;Js kor-p;J-ray-t;Jm). [Latin]
Hist. A corporate body; a corporation.
corpus cum causa (kor-p;Js bm kaw-z;J). [Law Latin
"the body with the cause"] Hist. A writ issuing out of
Chancery to remove both a person and a record from
an inferior court in order to review a judgment issued
by the inferior court.
''The first use of the writ to challenge imprisonment was in
cases of privilege; an officer of a central court, or a litigant
there, could be released from imprisonment in another
court by writ of privilege in habeas corpus form. The Court
of Chancery at the same time developed a similar proce
dure for reviewing the cause of imprisonment in an inferior
tribunal; this species of writ was called corpus cum causa,
and it became a common remedy against the misuse of
borough jurisdiction in the fifteenth century." J.H. Baker, An
Introduction to English Legal History 168 (3d ed. 1990).
corpus delicti (kor-p;Js d;J-lik-tI or -tee). [Latin "body
of the crime"] (1818) 1. The fact of a transgression;
ACTUS REUS. [Cases: Criminal Law (::::>26; Homicide
(::::>511.]
"[Tlhe definition of 'corpus delicti' often becomes impor
tant. (a) Essentially it signifies merely the fact of the
specific loss or injury sustained, e.g., death of a victim
or burning of a house. (b) To this is added also, by most
courts, the criminal agency of


a victim
or burning of a house. (b) To this is added also, by most
courts, the criminal agency of some person (i.e., not mere
accident). (c) A few courts also include evidence of the
accused's identity with the deed; but this is absurd, for
it virtually signifies making 'corpus delicti' synonymous
with the whole charge. -Many courts treat this rule with
a pedantic and unpractical strictness." John H. Wigmore, A
Students' Textbook ofthe Law ofEvidence 310 (1935).
"One of the important rules of evidence in criminal cases
is that which requires proof of the corpus delicti. Literally
defined this term means 'the body of the offense,' or 'the
substance of the crime.' In popular language it is used to
describe the visible evidence of the crime, such as the dead
body of a murdered person. Properly used, however, it is
applicable to any crime and relates particularly to the act
element of criminality; that is, that a certain prohibited act
has been committed or result accomplished and that it was
committed or accomplished by a criminal human agency."
Justin Miller, "The Criminal Act," in Legal Essays in Tribute
to Orrin Kip McMurray at 469, 478 (1935).
"The phrase 'corpus delicti' does not mean dead body, but
body of the crime, and every offense has its corpus delicti.
Its practical importance, however, has been very largely
limited to the homicide cases. It concerns the usability
in a criminal case of a confession made by the defendant
outside of court." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 140 (3d ed. 1982). Corpus Juris Civilis
2. Loosely, the material substance on which a crime
has been committed; the physical evidence ofa crime,
such as the corpse of a murdered person . Despite
the common misunderstanding, a victim's body could
be evidence ofa homicide but the prosecutor does not
have to locate or present the body to meet the corpus
delicti requirement.
corpus delicti rule. (1926) Criminal law. The doctrine
that prohibits a prosecutor from proving the corpus
delicti based solely on a defendant's extrajudicial state
ments . The prosecution must establish the corpus
delicti with corroborating evidence to secure a convic
tion. [Cases: Criminal Law (::::>412(6),517.3.]
corpus juris (kor-p;Js joor-is). [Latin "body of law"]
(1832) The law as the sum or collection oflaws <Corpus
Juris Secundum>. -Abbr. C,J.
corpus juris Angliae (kor-p;Js joor-is ang-glee-ee). The
entire body of English law, comprising the common
law, statutory law, equity, and special law in its various
forms.
Corpus Juris Canonici (kor-p;Js joor-is b-nOn-;J-sI).
[Latin] Hist. The body ofthe canon law, compiled from
the decrees and canons ofthe Roman Catholic Church.
 The Corpus Juris Canonici emerged during the 12th
century, beginning with the publication of Gratian's
Decretum (c. 1140). In addition to the Decretum, it
includes Raymond of Pefiaforte's Liber Extra (1234),
the Liber Sextus of Pope Boniface VIII (1298), the Cle
mentines of Pope Clement V (1313), the Extravagantes
Joannis of Pope John XXII (1325), and Extravagantes
Communes published by Pope John's successors (1499
1502). In 1582, the entire collection was edited by a
commission ofchurch dignitaries and officially named
the Corpus Juris Canonici. It remained the Catholic
Church's primary body oflaw until the promulgation
of the Code of Canon Law in 1917, now replaced by
that of 1983.
"After Gratian, later papal enactments, called 'decretals,'
were collected and issued by the authority of various
popes.... A revised edition of such 'decretals' ... was
presented to Pope Gregory IX in 1234 -only a short while,
therefore, after the final form of Magna Carta in 1225
and issued by him with statutory force. The revision freely
made changes in the text of the enactments and the
resulting compilation in four 'books' was regarded as a
'Code,' corresponding to the 'Code' of Justinian, just as
the Decretum of Gratian corresponded to the Digest....
All these compilations and collections were, from the six
teenth century on, known as the Corpus Juris Canonici,
the 'Body of Canon Law,' and formed the basis of the law
administered in the Church courts." Max Radin, Handbook
ofAnglo-American Legal History 33-34 (1936).
Corpus Juris Civilis (kor-p;Js joor-is s;J-vil-is or s;J-vI-lis).
The body ofthe civil law, compiled and codified under
the direction of the Roman emperor Justinian in A.D.
528-556 . The collection includes four works -the
Institutes, the Digest (or Pandects), the Code, and the
Novels. The title Corpus Juris Civilis was not original,
or even early, but was modeled on the Corpus Juris
Canonici and given in the 16th century and later to
editions ofthe texts ofthe four component parts ofthe
Roman law. See ROMAN LAW. Cf. JUSTINIAN CODE.

396 corpus possess;onis
corpus possession is (kor-pds pd-zes[h]-ee-oh-nis)_
[Latin] Roman law_ The physical aspect ofpossession_
See animus possidendi under ANIMUS_
corpus pro corpore (kor-pds proh kor-pd-ree). [Latin]
Hist. Body for body. _ This phrase commonly expressed
the liability ofa surety in a civil action (a mainpernor).
See MAINPRISE.
correal (kor-ee-dl or kd-ree-dl), adj. [fr. Latin correus
"codebtor"] Roman law. Ofor relating to liability that is
joint and several. _ A correal debtor who paid an entire
obligation had no right ofaction against a codebtor. See
CORREUS; SOLIDARY.
"If Aulus, having first obtained from Titius the promise
of a hundred aurei, turned to Seius and said, Spondesne
mihi, Sei, cosdem centum aUl"eos dal"e? (Do you engage,
Seius, to give me the same one hundred aurei?), then if
Seius answered, Spondeo, there was one single obligation
for a hundred aurei, binding in full on each of the two
debtors. Aulus could demand a hundred from Titius or
a hundred from Seius, and in case of non-payment could
sue either one, taking his choice between them, for the
full amount. If either paid the hundred, whether willingly
or by compulsion, the other was released: for there was
but one debt, and that was now discharged. This kind of
obligation is called correal obligation (correal, from con,
and I"eus or I"ei, connected parties, parties associated in
a common debt or credit)." James Hadley, Introduction to
Roman Law 258 (1881).
correality (kor-ee-al-;Hee), n. The quality or state of
being correal; the relationship between parties to an
obligation that terminates when an entire payment is
made by one of two or more debtors to a creditor, or
a payment is made by a debtor to one of two or more
creditors,
"But there were circumstances. apart from indivisibility, in
which each of the parties might be liable in full. .. Several
were liable or entitled. each in solidum, under an obliga
tion, but the thing was due only once. Satisfaction by, or to,
one of those liable, or entitled. ended the whole obligation,
and action by one of the joint creditors, or against one of
the debtors, not only 'novated' the obligation between the
actual parties. but destroyed it altogether as against the
others. This relation is commonly called correality (correi
debendi vel credendi)," w.w. Buckland, A Manual ofRoman
Private Law 349-50 (2d ed. 1939).
correal obligation. See OBLIGATION.
corrected policy. See INSURANCE POLICY.
correction, n. (14c) 1. Generally, the act or an instance
of making right what is wrong <mark your correc
tions in red ink>. 2. A change in business activity or
market price follOWing and counteracting an increase
or decrease in the activity or price <the broker advised
investors to sell before the inevitable stock-market cor
rection>. See DOWN REVERSAL. 3. (usu. pI.) The pun
ishment and treatment ofa criminal offender through
a program of imprisonment, parole, and probation
<Department of Corrections>. -correct, vb. cor
rective (for senses 1 & 2), correctional (for sense 3),
adj.
correction, house of. See house ofcorrection under
HOUSE.
correctional institution. See PRISON. correctional system. A network of governmental
agencies that administer a jurisdiction's prisons and
parole system.
corrective advertising. Advertising that informs con
sumers that earlier advertisements contained a decep
tive claim, and that provides consumers with corrected
information. -This type ofadvertising may be ordered
by the Federal Trade Commission.
corrector ofthe staple. Hist. A clerk who records mer
chants' transactions at a staple. See STAPLE (2).
correi credendi (kor-ee-I kri-den-dI). [Latin] Roman law.
Joint creditors. -Also termed correi stipulandi (stip
ya-Ian-dr). See STIPULATIO.
"The mode for stipu/atio is stated in the Institutes. Of
several stipulators (correi credendi, active correality) each
asks the debtor and he answers once for all. Of several
promisors (correi debendi, passive correality) the creditor
asks each and they answer together." w.w. Buckland, A
Manual ofRoman Private Law 350 (2d ed. 1939).
correi debendi (kor-ee-l di-ben-dI). [Latin] Roman &
Scots law. Joint debtors. -Also termed correi promit
tendi (proh-mi-ten-dI). See STlPULATIO.
"Correi Debendi -The name given by the Roman law to
persons jointly bound.... In the Scotch law. if bound sever
ally, and not jointly and severally, each IS bound only for
his share, whatever be the responsibility of the others."
Hugh Barclay, A Digest of the Law ofScotland 196 (3d ed.
1865).
correi stipulandi. See COR REI CREDENDI.
correlative (kd-rel-;l-tiv), adj. (16c) 1. Related or corre
sponding; analogous. 2. Having or involving a recipro
calor mutually interdependent relationship <the term
right is correlative with duty>.
correlative-rights doctrine. (1938) 1. Water law. The
principle that adjoining landowners must limit their
use ofa common water source to a reasonable amount.
[Cases: Waters and Water Courses lOL]
"Under the correlative rights doctrine .. , rights to ground
water are determined by land ownership. However, owners
of land overlying a single aquifer are each limited to a
reasonable share of the total supply of groundwater. The
share is usually based on the acreage owned." David H.
Getches, Water Law in a Nutshell 249 (3d ed. 1997).
2. Oil & gas. The rule that a lessee's or landowner's right
to capture oil and gas from the property is restricted
by the duty to exercise that right without waste or neg
ligence . This is a corollary to the rule ofcapture. Cf.
RULE OF CAPTURE (4). [Cases: Mines and Minerals C:=>
47.]
correspondence audit. See AUDIT.
correspondent. n. (17c) 1. The writer of a letter or
letters. 2. A person employed by the media to report
on events. 3. A securities firm or financial institution
that performs services for another in a place or market
that the other does not have direct access to. cor
respond, vb.
correspondent bank. See BANK.
corresponding promise. See PROMISE.
corresponding secretary. See SECRETARY.

397
correus (kor-ee-<ls), n. [Latin] Roman law. 1. A codebtor
in a contract; a joint debtor. 2. A co-creditor in a
contract; a joint creditor. PI. correi (kor-ee-I). See STIP
ULATIO.
corrigendum (kor-Cl-jen-d<lm), n. [Latin "correction"]
An error in a printed work discovered after the work
has gone to press. -Also termed erratum. PL corri
genda (kor-<l-jen-dCl).
corroborate (b-rob-Cl-rayt), vb. To strengthen or
confirm; to make more certain <the witness corrobo
rated the plaintiff's testimony>.
corroborating evidence. See EVIDENCE.
corroborating witness. See WITNESS.
corroboration (k,,-rob-<l-ray-sh;m), n. (l6c) 1. Confir
mation or support by additional evidence or author
ity <corroboration ofthe witness's testimony>. [Cases:
Witnesses (;:::>41O-416.J 2. Formal confirmation or rat
ification <corroboration ofthe treaty>. corroborate,
vb. corroborative (k;Hob-d-rd-tiv), adj. -corrobo
rator (kd-rob-<l-ray-t<lr), n.
corroborative evidence. See corroborating evidence
under EVIDENCE.
corrody. See CORODY.
corrupt, adj. 1. Having an unlawful or depraved motive;
esp., influenced by bribery. 2. Archaic. (Of a person)


ful or depraved motive;
esp., influenced by bribery. 2. Archaic. (Of a person)
subject to corruption ofblood.
"[Tlhere are divers offences made Treason by Act of Parlia
ment, whereof, though a Man be Attaint, yet his Blood.
by Provisoes therein, is not corrupt, nor shall he forfeit
any thing ...." Thomas Blount, Noma-Lexicon: A Law
Dictionary (1670).
corrupt, vb. 1. To change (a person's morals or principles)
from good to bad. 2. To destroy or diminish the quality
and usefulness of an electronic or mechanical device
or its components. 3. Archaic. To impose corruption of
blood on (a person).
. corrupting, n. See IMPAIRING THE MORALS OF A
MINOR.
corruption. (l4c) 1. Depravity, perversion, or taint; an
impairment ofintegrity, virtue, or moral principle; esp.,
the impairment of a public official's duties by bribery.
[Cases: Officers and Public Employees (;:::> 121.J
"The word 'corruption' indicates impurity or debasement
and when found in the criminal law it means depravity or
gross impropriety." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 855 (3d ed. 1982).
2. The act of doing something with an intent to give
some advantage inconsistent with official duty and the
rights ofothers; a fiduciary's or official's use ofa station
or office to procure some benefit either personally or for
someone else, contrary to the rights of others.
corruption in office. See official misconduct under MIS
CONDUCT.
corruption ofa minor. See IMPAIRING THE MORALS OF
AMINOR.
corruption of blood. A defunct doctrine, now con
sidered unconstitutional, under which a person loses cost
the ability to inherit or pass property as a result of an
attainder or of being declared civilly dead. -Also
termed corruption ofthe blood. See ATTAINDER; civil
death (1) under DEATH.
"Corruption of blood is, when anyone is attainted offelony
or treason, then his blood is said to be corrupt; by means
whereof neither his children, nor any of his blood, can be
heirs to him, or to any other ancestor, for that they ought to
claim by him. And if he were a noble or gentleman before,
he and all his children are made thereby ignoble and
ungentle ...." Termes de fa Ley 125 (1 st Am. ed. 1812).
corruptly, adv. (16c) In a corrupt or depraved manner; by
means ofcorruption or bribery . As used in criminal
law statutes, corruptly usu. indicates a wrongful desire
for pecuniary gain or other advantage.
corrupt-motive doctrine. (1962) Criminal law. The rule
that conspiracy is punishable only if the agreement was
entered into with an evil purpose, not merely with an
intent to do the illegal act.  This doctrine -which
originated in People v. Powell, 63 N.Y. 88 (1875) has
been rejected by the Model Penal Code. -Also termed
Powell doctrine. [Cases: Conspiracy (;:::>24.5.]
corrupt-practices act. (1897) A federal or state statute
that regulates campaign contributions and expendi
tures as well as their disclosure. [Cases: Elections
317.1.]
corsnaed, n. See ordeal ofthe morsel under ORDEAL
corsned, n. See ordeal ofthe morsel under ORDEAL.
corvee seigneuriale (kor-vay sen-yuu-ree-ahl). [FrenchJ
Hist. Services due the lord of the manor. -Often short
ened to corvee.
cosen, vb. See COZEN.
cosening, n. See COZENING.
cosign, vb. (1967) To sign a document along with another
person, usu. to assume obligations and to supply credit
to the principal obligor. -cosignature, n .
cosigner. See COMAKER.
cosinage (k;)z-;m-ij). Hist. A writ used by an heir to secure
the right to land held by a great-great-grandfather or
certain collateral relatives. -Also spelled cosenage;
cousinage. Also termed consanguineo; de consan
guineo; de consanguinitate. Cf. AIEL; BESAYEL
"[Tlhere is the closest possible affinity between the Mort
d'Ancestor and the action of Cosinage. If I claim the seisin
of my uncle, I use the one; if I claim the seisin of a first
cousin, I use the other. But procedurally, the two stand
far apart." 2 Frederick Pollock & Frederic William Maitland,
History ofEnglish Law Before the Time ofEdward f 569 (2d
ed.1899).
cosmetic damages. See DAMAGES.
cost, n. (13c) 1. The amount paid or charged for some
thing; price or expenditure. Cf. EXPENSE.
aboriginal cost. 'The cost of an asset incurred by the
first company to use it for public utilities.
acquisition cost. (I926) 1. An asset's net price; the
original cost of an asset. -Also termed historical
cost; original cost. 2. See LOAD.

after cost. A delayed expense; an expense, such as one
for repair under a warranty, incurred after the prin
cipal transaction.
applied cost. A cost appropriated to a project before it
has been incurred.
average cost. The sum ofthe costs ofbeginning inven
tory and the costs of later additions divided by the
total number ofavailable units.
average variable cost. The average cost per unit of
output, arrived at by dividing the total variable
expenses of production by the total units of output.
Cf. LONG-RUN INCREMENTAL COST.
avoidable cost. A cost that can be averted if produc
tion is held below a certain level so that additional
expenses will not be incurred.
carrying cost. 1. Accounting. The variable cost of
stocking one unit of inventory for one year.
Carrying cost includes the opportunity cost of the
capital invested in the inventory. -Also termed cost
ofcarrying. 2. A current charge or noncapital expen
diture made to prevent the causing or accelerating of
the termination of a defeasible estate, as well as the
sums spent on repairs required by the duty to avoid
permissive waste.
common cost. See indirect cost.
cost ofcompletion. (1852) Contracts. An element of
damages based on the expense that would be incurred
by the nonbreaching party to finish the promised per
formance. [Cases: Damages (:::::>120, 121.]
direct cost. (1818) The amount of money for material,
labor, and overhead to produce a product.
distribution cost. Any cost incurred in marketing a
product or service, such as advertising, storage, and
shipping.
fixed cost. (1894) A cost whose value does not fluctu
ate with changes in output or business activity; esp.,
overhead expenses such as rent, salaries, and depre
ciation. Also termed fixed charge;fixed expense.
flotation cost. (usu. pl.) A cost incurred in issuing addi
tional stock.
historical cost. See acquisition cost.
implicit cost. See opportunity cost.
indirect cost. (1884) A cost that is not specific to the
production of a particular good or service but that
arises from production activity in general, such as
overhead allocations for general and administrative
activities. Also termed common cost.
manufacturing cost. The cost incurred in the produc
tion ofgoods, including direct and indirect costs.
marginal cost. (1891) The additional cost incurred in
producing one more unit ofoutput.
mitigation cost. A party's expenditures to reduce an
existing harm so that further damage might be halted,
slowed, or diminished. [Cases: Damages C='42, 45.] mixed cost. A cost that includes fixed and variable
costs.
net book cost. The cost of property when it was first
acquired or devoted to pUblic use, minus accumulated
depreciation. Also termed rate-base value.
net cost. The cost of an item, arrived at by subtracting
any financial gain from the total cost.
opportunity cost. (1894) The cost ofacquiring an asset
measured by the value of an alternative investment
that is forgone <her opportunity cost of $1,000 in
equipment was her consequent inability to invest that
money in bonds>. Also termed implicit cost.
original cost. See acquisition cost (1).
prime cost. The true price paid for goods on a bona
fide purchase.
prophylactic cost. A party's expenditures to prepare
property to withstand or prevent potential future
harm. These costs are not related to any existing
property damage and are usu. not recoverable under
insurance contracts. [Cases: Insurance (:::::>2277.]
replacement cost. (1928) The cost of a substitute asset
that is equivalent to an asset currently held. The
new asset has the same utility but mayor may not be
identical to the one replaced.
social cost. 'Ine cost to society ofany particular practice
or rule <although automobiles are undeniably benefi
cial to society, they carry a certain social cost in the
lives that are lost every year on the road>.
sunk cost. (1916) A cost that has already been incurred
and that cannot be recovered.
tangible cost. Oil & gas. A particular expense asso
ciated with drilling, such as the costs incurred for
materials and land. -Drilling and testing costs are
considered intangible.
transaction cost. (usu. pI.) A cost connected with a
process transaction, such as a broker's commission,
the time and effort expended to arrange a deal, or the
cost involved in litigating a dispute.
unit cost. The cost of a single unit of a product or
service; the total manufacturing cost divided by the
number of units.
variable cost. (1953) The cost that varies in the short
run in dose relationship with changes in output.
2. (pl.) The charges or fees taxed by the court, such
as filing fees, jury fees, courthouse fees, and reporter
fees. Also termed court costs. 3. (pl.) The expenses of
litigation, prosecution, or other legal transaction, esp.
those allowed in favor of one party against the other.
 Some but not all states allow parties to claim attor
ney's fees as a litigation cost. -Also termed (in sense
3) litigation costs. [Cases: Costs (:::::>2, 146-194, 194.16;
Federal Civil ProcedureC--'-J2721-2748.]
accruing costs. Costs and expenses incurred after
judgment.
costs ofincrease. See COSTS OP INCREASE.

399
costs ofthe day. Costs incurred in preparing for trial.
costs to abide event. Costs incurred by a success
ful party who is entitled to an award of those costs
incurred at the conclusion of the matter; esp., appel
late court's order for payment of costs to the party
who finally prevails in a proceeding that has been
returned to a lower court. [Cases: Costs ~69.1
interlocutory costs. Costs incurred during the
pendency ofan appeal.
taxable cost. A litigation-related expense that the
prevailing party is entitled to as part of the court's
award. [Cases: Costs C=)2; Federal Civil Procedure
~2735.1
cost accounting. See cost accounting method under
ACCOUNTING METHOD.
cost accounting method. See ACCOUNTING METHOD.
cost and freight. A mercantile-contract term allocat
ing the rights and duties of the buyer and the seller
of goods with respect to delivery, payment, and risk
ofloss, whereby the seller must (1) clear the goods for
export, (2) arrange for transportation by water, and (3)
pay the costs of shipping to the port of destination.
-When the goods are safely stowed on the receiving
ship while docked, the seller's delivery is complete;
the risk of loss then passes to the buyer. This term is
used only when goods are transported by sea or inland
waterway. -Abbr. CF; CFR; C&F; CandF. Cf. COST,
INSURANCE, AND FREIGHT; FREE ON BOARD. [Cases:
Sales ~77(2), 202(5).]
cost approach. (1949) A method of appraising real
property, based on the cost of building a new structure
with the same utility, assuming that an informed buyer
would pay no more for the property than it would cost
to build a new structure having the same usefulness.
Cf. MARKET APPROACH; INCOME APPROACH. [Cases:
Taxation C=348(4).]
. cost basis. See BASIS (2).
cost-benefit analysis. (1963) An analytical technique
that weighs the costs ofa proposed decision, holding,
or project against the expected advantages, economic
or otherwise.
cost bill. See bill ofcosts under BILL (2).
cost bond. See BOND (2).
cost-book mining company. An association ofpersons
organized for the purpose of working mines or lodes,
whose capital stock is divided into shares that are trans
ferable without the consent of other members. -The
management ofthe mine is entrusted to an agent called
a purser. [Cases: Mines and Minerals ~101.]
cost depletion. Oil &gas. The recovery ofan oil-and-gas
producer's basis (i.e., investment) in a producing well by
deducting the basis proportionately over the producing
life of the well. Treas. Reg.  1.611-2. Cf. PERCENTAGE
DEPLETION.
"Under cost depletion, the taxpayer in an oil and gas
property deducts the basis in the property from the income
as oil and gas are produced and sold. Cost depletion is cost-of-living clause
calculated by a formula ... [that] relates the recovery of the
taxpayer'


tion is cost-of-living clause
calculated by a formula ... [that] relates the recovery of the
taxpayer's investment to the proportion that the current
unit sales of oil and gas bear to the total anticipated sales
of oil and gas from the property. The investment is recov
ered ratably over the life of the reserves." John S. lowe. Oil
and Gas Law in a Nutshell 353 (3d ed. 1995).
cost, insurance, and freight. A mercantile-contract term
allocating the rights and duties of the buyer and the
seller of goods with respect to delivery, payment, and
risk ofloss, whereby the seller must (1) clear the goods
for export, (2) arrange for transportation by water, (3)
procure insurance against the buyer's risk of damage
during carriage, and (4) pay the costs of shipping to the
port ofdestination. -The seller's delivery is complete
(and the risk ofloss passes to the buyer) when the goods
are loaded on the receiving ship while docked in the
port of shipment. This term is used only when goods
are transported by sea or inland waterway. -Abbr.
ClF. Cf. COST AND FREIGHT; FREE ON BOARD. [Cases:
Sales ~77(2).1
"'C.Lf.' is a mercantile symbol that is commonly used in
international sales contracts. It is defined by section 2-320
of the UCC and by the Incoterms 1953 and the Revised
American Foreign Trade Definitions 1941. Under all of
these definitions the letters 'c.iJ.' mean that the price
covers the cost of the goods, the cost of insuring them
for the benefit of the order of the buyer, and the cost of
carrying\ them to the named pOint, al most always the des
tination. like the other mercantile symbols, the meaning of
'C.I.F.' may be varied by agreement." William D. Hawkland,
Uniform Commercial Code Series  2320:01 (1984).
elFdestination. A contractual term denoting that the
price includes in a lump sum the cost of the goods
and the insurance and freight to the named destina
tion. Also termed ClFplace ofdestination. [Cases:
Sales~77(2).]
cost justification. (1938) Under the Robinson-Patman
Act, an affirmative defense against a charge of price
discrimination dependent on the seller's showing that
it incurs lower costs in serving those customers who
are paying less. 15 USCA  13(a).
cost-of-capital method. A means of measuring a utility's
cost of acquiring debt and equity capital. -Regulatory
commissions often use this method to determine a fair
rate of return for the utility's investors. [Cases: Gas
14.4(10); Public Utilities ~129.]
cost ofcarrying. See carrying cost under COST (1).
cost of completion. See COST (1).
cost-of-living adjustment. An automatic increase or
decrease in the amount of money, usu. support or
maintenance, to be paid by one party to another, the
adjustment being tied to the cost-of-Iiving-adjustment
figures maintained and updated by the federal govern
ment. Abbr. COLA.
cost-of-living clause. (1953) A provision (as in a contract
or lease) that gives an automatic wage, rent, or benefit
increase tied in some way to cost-of-living rises in the
economy. - A cost-oC-living clause may also cover a
decrease, though this is rare. See INFLATION. [Cases:
Landlord and Tenant ~200.7.]

400 cost-of-living index
cost-of-living index. See CONSUMER PRICE INDEX.
cost-plus contract. See CONTRACT.
cost-push inflation. See INFLATION.
costs de incremento. See COSTS OF INCREASE.
costs of collection. (1833) Expenses incurred in receiv
ing payment of a note; esp., attorney's fees incurred
in the effort to collect a note. [Cases: Bills and Notes
(>534.J
costs ofincrease. Costs ofcourt awarded in addition to
what a jury awards. Juries usu. awarded the success
ful party only a small sum for costs. A party wishing
to recoup the additional costs had to file an affidavit of
increase setting forth what further costs were incurred
by taking the matter through trial. -Also termed costs
de incremento. See affidavit ofincrease under AFFIDA
VIT. [Cases: Costs (>66; Federal Civil Procedure (>
2721-2748.J
costs ofthe day. See COST (3).
costs to abide event. See COST (3).
cosurety. A surety who shares the cost of perform
ing suretyship obligations with another. See SURETY.
[Cases: Principal and Surety (>62, 191-200.J
cosuretyship. The relation between two or more sureties
who are bound to answer for the same duty of the
principal, and who are jointly responsible for any loss
resulting from the principal's default.
cotarius (k;l-tair-ee-~s). [Law Latin] Hist. A socage
tenure serf who holds land by paying rent and provid
ing some personal services to the lord . Both cotarius
and coterellus serfs were also known as cottagers. Cf.
COTERELLUS.
cotenancy. See TENANCY.
coterellus (kot-~-rel-~s). [Law LatinJ Hist. A serf who
inhabits a cottage; a servile tenant whose person, issue,
and goods are at the disposal of the lord. -Also spelled
coterell. Cf. COTARIUS.
"Coterellus .... A cottager. Considered by Spelman and
others, the same with cotarius. But Cowell makes the dis
tinction that the cotarius had free socage tenure, and paid
a stated firm (rent) in provisions or money, with some occa
sional customary service; whereas the coterellus seemed
to have held in mere Villenage, and had his person and
issue and goods disposed at the pleasure of the lord." 1
Alexander M. Burrill, A Law Dictionary and Glossary 387
(2d ed. 1867).
coterminous (koh-t~r-m~-n~s), adj. (18c) 1. (Of ideas or
events) coextensive in time or meaning <Judge Smith's
tenure was coterminous with Judge Jasper's>. 2. CON
TERMINOUS (1).
cotland (kot-l~nd). Hist. Land held by a cottager, whether
in socage or villeinage tenure.
cotortfeasor (koh-tort-fee-z~r). One who, together with
another, has committed a tort. See TORTFEASOR. [Cases:
Torts (>134.]
cotrustee. One of two or more persons in whom the
administration of a trust is vested . The cotrustees
form a collective trustee and exercise their powers jointly. -Also termed joint trustee. See TRUSTEE.
[Cases: Trusts (>238.J
cotset (kot-set). Hist. A villein who provides labor to a
lord in exchange for a cottage and plot ofland. -Also
termed cotsetus.
cottier (kot-ee-~r). 1. Hist. A serf who lives in a cottage; a
cottager.  Over time, cottier has come to refer to a day
laborer or a rural dweller. 2. Hist. Irish law. A tenant
who leases a house and a small (usu. two acre or less)
plot ofland.
couchant and levant (kow-ch~nt / lev-~nt), adj. See
LEVANT AND COUCHANT.
council. (12c) 1. A deliberative assembly <the U.N.
Security Council>.
common council. 1. In some cities, the lower branch
of a city council. [Cases: Municipal Corporations
(>82.] 2. In some cities, the city's governing board.
[Cases: Municipal Corporations (>80.J
general council. A body ofelected persons who repre
sent all the citizens of a territory or members of an
organization.
select council. In some cities, the upper branch of a
city council.
2. An administrative or executive body <a parish
council>.
councillor. See COUNCILOR.
Council of Economic Advisers. A three-member
council in the Executive Office ofthe President respon
sible for analyzing the national economy and advising
the President on economic matters . Created by the
Employment Act of 1946, it now functions under
Reorganization Plan No.9 of 1953. Its members are
appointed by the President with the advice and consent
of the Senate. -Abbr. CEA.
Council of the North. Hist. A body used by the Tudors
to administer the northern parts of England (esp.
Yorkshire) during the 16th and 17th centuries . The
council probably predated the Tudors, but Henry VIII
revived it. In addition to enforcing Crown policy in the
northern territories, the appointees (many of whom
were lawyers) exercised wide criminal and civil juris
diction. The Council disbanded ca. 1640.
Council on Environmental Quality. A three-member
council in the Executive Office ofthe President respon
sible for developing and recommending national policy
on environmental quality . The council was created
by the National Environmental Policy Act of 1969.
Its members are appointed by the President with the
advice and consent of the Senate. 42 USCA  4321 et
seq. &  4371 et seq. -Abbr. CEQ. [Cases: Environ
mental Law (>571.J
councilor, n. (i5c) A person who serves on a council, esp.
at the local level. -Also spelled councillor. -council
lorship, n.
counsel, n. (13c) 1. Advice or assistance <the lawyer's
counsel was to petition immediately for a change of

immigration status>. 2. One or more lawyers who rep
resent a client <the client acted on advice ofcounsel>.
In the singular, also termed counselor; counselor-at-law. I
Cf. ATTORNEY; LAWYER. 3. English law. A member of .
the bar; BARRISTER.
advisory counsel.!. An attorney retained merely to
give advice on a particular matter, as distinguished
from one (such as trial counsel) actively participating
in a case. 2. See standby counsel.
appellate counsel. (1921) A lawyer who represents a
party on appeal.  The term is often used in contrast
with trial counsel.
appointed counsel. See assigned counsel.
assigned counsel. (17c) An attorney appointed by
the court to represent a person, usu. an indigent
person. Also termed court-appointed attorney;
court-appointed counsel; appointed counsel; appointed
counsel.lCases: Criminal LawC=>1773; Federal Civil
Procedure C:=:'1951; Trial~21.]
corporate counsel. An in-house attorney for a corpora
tion. Cf. in-house counsel.
corporation counsel. A city attorney in an incorporated
municipality. See CITY ATTORNEY. [Cases: Municipal
Corporations C=-}214(3).]
counsel of record. See attorney of record under
ATTORNEY.
court-appointed counsel. See aSSigned counsel.
Cum;s counsel. An independent attorney hired by a
defendant in a lawsuit in which the damages may be
covered by the defendant's insurer but a conflict of
interest between the defendant and the insurer makes
it unreasonable for an attorney selected by the insurer
to represent the defendant . The term derives from
San Diego Federal Credit Union v. Cumis Ins. Society,
Inc., 162 CaL App. 3d 358 (1984), in which the concept
was first clearly articulated. [Cases: Attorney and
Client C:::. 21.5(5); Insurance <>2929.]
general counsel. (1848) 1. A lawyer or law firm that
represents a client in all or most of the client's legal
matters, but that sometimes refers extraordinary
matters such as litigation and intellectual-property
cases to other lawyers. 2. The most senior lawyer
in a corporation's legal department, usu. also a COf
porate officer.
house counsel. See in-house counsel.
independent counsel. (1920) An attorney hired to
provide an unbiased opinion about a case or to
conduct an impartial investigation; esp., an attorney
appointed by a governmental branch or agency to
investigate alleged misconduct within that branch
or agency. See special prosecutor under PROSECUTOR.
Cf. special counsel. [Cases: United States C:::.:>40.]
in-house counsel. (1974) One or more lawyers employed
by a company. -Also termed house counsel; (when
employed by a corporation) corporate counsel. Cf. cor
porate counsel. junior counsel. 1.1he younger or lower-ranking of two
or more attorneys employed on the same side of a
case, esp. someone charged with the less important
aspects of the case. 2. English law. The barrister who
assists Queen's CounseL
King's Counsel. See KING'S COU:-ISEL.
lead counsel. (1956) 1. The more highly ranked lawyer
iftwo or more are retained; the lawyer who manages
or controls the case or cases, esp. in class actions or
multidistrict litigation. -Also termed senior counsel;
attorney in charge. 2. QUEEN'S COUNSEL; KING'S
COUNSEL. -Also termed leading counsel.
local counsel. One or more lawyers who practice in
a particular jurisdiction and are retained by non
resident counsel to help prepare and try a case or to
complete a transaction in accordance with that juris
diction's law, rules, and customs.
ofcounsel. 1.


complete a transaction in accordance with that juris
diction's law, rules, and customs.
ofcounsel. 1. A lawyer employed by a party in a case;
esp., one who although not the principal attorney
of record is employed to assist in the preparation
or management of the case or in its presentation on
appeaL 2. A lawyer who is affiliated with a law firm,
though not as a member, partner, or associate.
Queen's Counsel. See QUEEN'S COUNSEL.
senior counsel. 1. See lead counsel. 2. See KING'S
COUNSEL; QUEEN'S COUNSEL.
settlement counsel. See CIRCUIT MEDIATOR.
special counsel. (1854) An attorney employed by the
state or a political subdivision to assist in a particu
lar case when the public interest so requires. Also
termed special attorney. Cf. independent counsel.
[Cases: Attorney General C:=:'2.]
standby counsel. An attorney who is appointed to be
prepared to represent a pro se criminal defendant
if the defendant's self-representation ends . The
standby counsel may also provide some advice and
guidance to the defendant during the self-repre
sentation. Also termed advisory counsel. [Cases:
Criminal LawC=1834.]
trial counsel. (1928) 1. A lawyer who represents a party
at trial.  The term is often used in contrast with
appellate counsel. 2. Military law. The person who
prosecutes a case on the government's behalf.
counsel, assistance of. See ASSISTANCE OF COUNSEL.
counsel, right to. See RIGHT TO COUNSEL.
counsel and procure. See AID AND ABET.
counselor. See COUNSEL (2).
counselor-at-law. See COUNSEL (2).
count, n. (l4c) Procedure. 1. The part of an indict
ment charging the suspect with a distinct offense. 2.
In a complaint or similar pleading, the statement of a
distinct claim. Cf. DECLARATION (7). [Cases: Federal
Civil Procedure Pleading C=>53.]
"This word ... is in our old law-books used synonymously
with declaration .... But when the suit embraces two or
more causes of action (each of which of course requires a

402 count
different statement), or when the plaintiff makes two or
more different statements of one and the same cause of
action, each several statement is called a count, and all
of them, collectively, constitute the declaration." 1 John
Bouvier, A Law Dictionary 245 (1839).
common count. IIist. In a plaintiff's pleading in an
action for debt, boilerplate language that is not
founded on the circumstances ofthe individual case
but is intended to guard against a possible variance
and to enable the plaintiff to take advantage of any
ground ofliability that the proofmay disclose. In
the action for indebitatus assumpsit, the common
count stated that the defendant had failed to pay a
debt as' promised. See indebitatus assumpsit under
ASSUMPSIT.
general count. A count that states the plaintiffs claim
without undue particularity.
money count. Rist. A count, usu. founded on a simple
contract, giving rise to a claim for payment of
money.
"Simple contracts, express or implied, resulting in mere
debts. are of so frequent occurrence as causes of action,
that certain concise forms of counts were devised for suing
upon them. These are called the 'indebitatus' or 'money
counts.'" 2 Stewart Rapalje & Robert L. lawrence, A Dierion
ayy ofAmeriCCln and English Law 833 (1883).
multiple counts. (1941) Several separate causes ofaction
or charged offenses contained in a single pleading or
indictment. [Cases: Indictment and Information ~
125, 126; Pleading
omnibus count (ahm-ni-b<Js). A count that combines
into one count all money claims, claims for goods sold
and delivered, claims for work and labor, and claims
for an account stated.
separate count. (18c) One of two or more criminal
charges contained in one indictment, each charge
constituting a separate indictment for which the
accused may be tried. [Cases: Indictment and Infor
mation ~97.]
several count. One oftwo or more counts in a pleading,
each ofwhich states a different cause ofaction. [Cases:
Pleading 53.]
special count. (18c) A section ofa pleading in which the
plaintiff's claim is stated with great particularity
llSU. employed only when the pleading rules require
specificity. [Cases: Pleading ~18, 50.]
3. A canvassing. See CANVASS (2).4. Hist. The plain
tiff's declaration, or initial pleading, in a real action.
See DECLARATION (7). 5. Patents. The part ofa patent
application that defines the subject matter in a priority
contest (I.e., an interference) between two or more appli
cations or between one or more applications and one
or more patents. See INTERFERENCE (3). ICases: Patents
(;:::lO6(2).]
count, vb. (l7c) 1. In pleading, to declare or state; to
narrate the facts that state a claim. 2. Rist. To plead
orally; to plead or argue a case in court.
counted vote. See VOTE (4). counter. Hist. An advocate or professional pleader; one
who counts (Le., orally recites) for a client.  Counters
had coalesced into an identifiable group practicing
before the Common Bench by the beginning ofthe 13th
century. They were the leaders of the medieval legal
profession, and over time came to be known as serjeants
at law. -Also spelled countor; contor; counteur. See
SERJEANT-AT-LAW.
counteraction. See COUNTERCLAIM.
counteraffidavit. See AFFIDAVIT.
counterbond. See BOND (2).
counterclaim, n. (18c) A claim for relief asserted against
an opposing party after an original claim has been
made; esp., a defendant's claim in opposition to or as
a setoff against the plaintiff's claim. -Also termed
counteraction; countersuit; cross-demand. Cf. CROSS
CLAIM. [Cases: Federal Civil Procedure ~775-784;
Pleading ~138; Set-off and Counterclaim
counterclaim, vb. counterdaimant, n.
"Under [Fed. R. Civ. P.] Rule 13 the court has broad discre
tion to allow claims to be joined in order to expedite the
resolution of all controversies between the parties in one
suit. Rule 13(c) specifically provides that the counterclaim
ant is not limited by recovery sought by the opposing party
but may claim relief in excess of that amount. Further,
the general legal rule is that it is immaterial whether a
counterclaim is legal or equitable for purposes of determin
ing whether it properly is brought under Rule 13.... The
expectation is that this liberal joinder policy will further the
elimination of circuity of action and multiple litigation." 6
Charles Alan Wright et aI., FedeYCII PYClctice and Procedure
 1403, at 15-16 (2d ed. 1990).
compulsory counterclaim. (1938) A counterclaim that
must be asserted to be cognizable, usu. because it
relates to the opposing party's claim and arises out of
the same subject matter.Ifa defendant fails to assert
a compulsory counterclaim in the original action,
that claim may not be brought in a later, separate
action (with some exceptions). See Fed. R. Civ_ P. 13(a).
[Cases: Federal Civil Procedure C-'--::;775; Judgment
(;:::585(4); Set-off and Counterclaim] ~60.1
permissive counterclaim. (I924) A counterclaim that
need not be asserted to be cognizable, usu. because
itdoes not arise out ofthe same subject matter as the
opposing party's claim or involves third parties over
which the court does not have jurisdiction . Permis
sive counterclaims may be broughtin a later, separate
action. See Fed. R. Civ. P. 13(b).
counter-complaint. See COMPLAINT.
counterdeed. See DEED.
counterfeisance (kown-t<Jr-fee-z<Jnts). Archaic. The act
ofcounterfeiting.
counterfeit, vb. (l4c) To unlawfully forge, copy, or
imitate an item, esp. money or a negotiable instru
ment (such as a security or promissory note) or other
officially issued item ofvalue (such as a postage stamp
or a food stamp), or to possess such an item without
authorization and with the intent to deceive or defraud
by presenting the item as genuine. Counterfeiting
includes producing or selling an item that displays a

403
reproduction of a genuine trademark, usu. to deceive
buyers into thinking they are purchasing genuine mer
chandise. See 18 USCA  470 et seq. [Cases: Counter
feiting Trademarks ~1432.] -counterfeiting,
n. -counterfeit, n. -counterfeit, adj.
"Literally a counterfeit is an imitation intended to pass for
an original. Hence it is spurious or false, and to counterfeit
is to make false. For this reason the verbs counterfeit and
forge are often employed as synonyms and the same is
true to some extent of the corresponding nouns. No error
is involved in this usage but it is important to distinguish
between the words as far as possible when used as the
labels of criminal offenses, In the most restricted sense,
[c]ounterfeiting is the unlawful making of false money in
the simiJitude of the genuine, At one time under English
statutes it was made treason. Under modern statutes it is
a felony," Rollin M. Perkins & Ronald N. Boyce, Criminal Law
431-32 (3d ed, 1982),
Counterfeit Access Device and Computer Fraud and
Abuse Act of 1984. A federal statute that criminalizes
various computer-related activities such as accessing
without permission a computer system belonging to a
bank or the federal government, or using that access to
improperly obtain anything of value. 18 USCA  1030.
[Cases: Telecommunications <>:;:; 1342, 1348.]
counterfeiter. A person who forges or otherwise makes
a copy or an unauthorized imitation of something (esp.
a document, currency, or another's Signature) with the
intent to deceive or defraud.
counterfeiting, n. The unlawful forgery, copying, or imi
tation of an item, esp. money or a negotiable instru
ment (such as a security or promissory note) or other
officially issued item of value (such as a postage stamp),
or the unauthorized possession of such an item, with
the intent to deceive or defraud by claiming or passing
the item as genuine. See 18 USCA  470 et seq. [Cases:
Counterfeiting . -counterfeit, vb. counter
feit, n. -counterfeit, adj.
counterfeit mark. See counterfeit trademark under
TRADEMARK.
counterfeit recording. Copyright. An unauthorized copy
ofa copyright-protected recording's sounds, artwork,
label, trademark, or packaging. -Also termed bootleg
recording. [Cases: Copyrights and Intellectual Property
counterfeit trademark. See TRADEMARK.
counterfoit (kown-t~r-foyl), n. A detachable part of a
writing on which the particulars of the main part are
summarized . The most common example is a check
stub, on which the date, the payee, and the amount are
typically noted.
counterletter. Civil law. A document in which the parties
to a simulated contract record their true intentions. La.
Civ. Code art. 2025 . For example, the record owner
of real property may acknowledge in a counterletter
that another person actually owns the property; the
counterletter may then be used when the property is to
be reconveyed after a period. A counterletter can have
no effect against a third party acting in good faith. See
simulated contract under CONTRACT. countez
countermand (kown-t~r-mand), n. (16c) 1. A contradic
tory command that overrides or annuls a previous one.
2. An action that has the effect of voiding something
previously ordered; a revocation. -countermand
(kown-t~r-mand or kown-), vb.
counteroffer, n. (I8c) Contracts. An offeree's new offer
that varies the terms ofthe original offer and that ordi
narily rejects and terminates the original offer . A late
or defective acceptance is considered a counteroffer.
See MIRROR-IMAGE RULE. [Cases: Contracts
counteroffer, vb. counterofferor, n.
counterpart. (l5c) 1. In conveyancing, a correspond
ing part of an instrument <the other half ofthe inden
ture the counterpart -could not be found>. 2. One
oftwo or more copies or duplicates of a legal instrument
<this lease may be executed in any number ofcounter
parts, each of which is considered an original>.
"Formerly 'part' was used as the opposite of 'counterpart,'
in respect to covenants executed in duplicate, but now
each copy is called a 'counterpart.'" 2 Stewart Rapalje &
Robert L. Lawrence, A Dictionary ofAmerican and English
law 927 (1883),
"Counterparts are not nowadays written on the same
parchment, but that which is executed by the grantor of an
interest is called the 'original,' while that which is executed
by the party to whom the interest passes for example, a
lessee is called the 'counterpart.'" G.c. Cheshire, Modern
Law of Real Property 674 (3d ed. 1933).
counterpart writ. See WRIT.
counterpromise, n. (l8c) A promise made in exchange
for another party's promise <a promise supported by a
counterpromise is binding in its inception>. See bilat
eral contract under CONTRACT. [Cases: Contracts
55.]-


is binding in its inception>. See bilat
eral contract under CONTRACT. [Cases: Contracts
55.]-counterpromise, vb.
counter-roll. Hist. A record kept by an officer as a check
on another officer's record, esp. the rolls maintained by
a sheriff and a coroner.
countersign, vb. (l6c) To write one's own name next
to someone else's to verify the other signer's identity.
[Cases: Signatures -countersignature, n.
countersuit. See COl.iNTERCLAIM.
countertrade. A type of international trade in which
purchases made by an importing nation are linked to
offsetting purchases made by the exporting nation.
"Countertrade is barter in modern clothes. It developed
rapidly as a form of doing business with the USSR and
Eastern European nations in the 1970s and 19805, before
the major economic and political reforms tended to
diminish its emphasis as a means of doing business," Ralph
H. Folsom & Michael W. Gordon, International Business
Transactions  2,1, at 46 (1995).
countervailable subsidy. See SUBSIDY.
countervailing duty. See DUTY (4).
countervailing equity. See EQUITY.
counter will. See mutual will under WILL.
counteur. See COUNTER.
countez (kawn-teez). [Law French] Hist. A direction
given by a clerk of a court to a crier, after a jury was
sworn, to count the jury members.

404 Counting House of the King's Household
"Of this ignorance we may see daily instances, in the abuse
of two legal terms of ancient French; one, the prologue
to all proclamations, 'oyez, or hear ye,' which is generally
pronounced most unmeaningly, '0 yes:' the other, a more
pardonable mistake, viz., when ajury are all sworn, the
officer bids the crier number them, for which the word in
law-french is, 'countez;' but we now hear it pronounced in
very good English, 'count these.'" 4 William Blackstone,
Commentaries on the Laws ofEngland 334 n.S (1769).
Counting House of the King's Household. See BOARD
OF GREEN CLOTH.
countor. See COUNTER.
country. 1. A nation or political state; STATE (1). 2. The
territory ofsuch a nation or state.
county. (14c) The largest territorial division for local gov
ernment within a state, generally considered to be a
political subdivision and a quasi-corporation . Every
county exists as a result ofa sovereign act oflegislation,
either constitutional or statutory, separating it from the
rest of the state as an integral part of its territory and
establishing it as one of the primary divisions of the
state for purposes ofcivil administration. -Abbr. co.
[Cases: Counties C=::' 1.]
"A county is a part of the realm, inti rely governed by one
sheriff under the king, but all subject to the general govern
ment of the realm; and therefore every county is as it were
an intire body of itself, so that upon a feoffment of lands
in many towns in one county, livery of seisin made in one
parcel in anyone of the towns in the name of all, sufficeth
for all the lands in all the other towns within the same
county: but upon a feoffment of lands in divers counties,
there must be livery of seisin in every county." Sir Henry
Finch, Law, or a Discourse Thereof 79 (1759).
foreign county. Any county separate from that of a
county where matters arising in the former county
are called into question, though both may lie within
the same state or country.
county agent. See juvenile officer under OFFICER (1).
county attorney. An attorney who represents a county
in civil matters and, in some jurisdictions, prosecutes
criminal offenders.
county auditor. See AUDITOR.
county bond. See BOND (3).
county commissioner. See COMMISSIONER.
county court. See COURT.
county judge. See JUDGE.
county officer. See OFFICER (1).
county palatine (pal-~-trn or -tin). Hist. A county in
which the lord held certain royal privileges, such as the
right to pardon a felon or to have indictments recite that
offenses were committed against the lord's -rather
than the king's -peace. In England, there were three
such counties: Chester, Durham, and Lancaster. The
separate legal systems in these counties were slowly
eliminated; the last vestiges of a separate system were
abolished by the Courts Act (1971). Cf. proprietary gov
ernment under GOVERNMENT.
"The counties palatine were Chester, Durham, and Lan
caster. Whatever may be the precise date at which these
counties became 'Palatine,' it seems likely that there was in Saxon times a jurisdiction equivalent to that of the
Palatine earl, and originating in usurpation and necessity.
The Central Government was too far away both before and
after the Conquest to control effectually the administration
of the Marches, which were always turbulent and lawless
districts." A.T. Carter, A History ofEnglish Legal Institutions
192 (4th ed. 1910).
county property. Property that a county is authorized to
acquire, hold, or sell. [Cases: Counties C=::' 103.]
county purpose. An objective pursued by a county; esp.,
one that a county levies taxes for. [Cases: Counties C=::'
190.1.]
county seat. The municipality where a county's principal
offices are located. -Also termed county town. [Cases:
Counties C=::'25.]
county supervisor. See county commissioner under COM
MISSIONER.
county town. See COUNTY SEAT.
county warrant. See WARRANT (3).
coup d'etat (koo day-tah). [French "stroke of state"] A
sudden, usu. violent, change of government through
seizure of power.
coupon (koo-pon). An interest or dividend certificate
that is attached to another instrument, such as a bond,
and that may be detached and separately presented for
payment of a definite sum at a specified time. -Also
termed interest coupon.
coupon bond. See BOND (3).
coupon interest rate. See coupon rate under INTEREST
RATE.
coupon note. See NOTE (1).
coupon rate. See INTEREST RATE.
coupon security. See SECURITY.
coupon yield. See YIELD.
Cour de Cassation. See COURT OF CASSATION.
courier. A messenger, esp. one who delivers parcels,
packages, and the like . In international law, the term
denotes a messenger duly authorized by a sending state
to deliver a diplomatic pouch.
course ofbusiness. (17c) The normal routine in managing
a trade or business. -Also termed ordinary course of
business; regular course ofbusiness; ordinary course;
regular course. [Cases: Customs and Usages C=::'9.]
course of dealing. (16c) An established pattern of
conduct between parties in a series of transactions
(e.g., multiple sales ofgoods over a period of years).
Ifa dispute arises, the parties' course ofdealing can be
used as evidence ofhow they intended to carry out the
transaction. Cf. COURSE OF PERFORMANCE; trade usage
under USAGE. [Cases: Contracts C=::' 170.]
"A course of dealing is distinguishable from a course of
performance. As defined by the [UCC], 'course of dealing'
relates to conduct under other transactions which
occurred with regularity prior to the formation of the
present contract, while 'course of performance' relates to
the conduct of the parties under the contract in question
subsequent to its formation. However, in meaning the

two expressions are essentially equivalent." Ronald A.
Anderson, Uniform Commercial Code  1-205:86 (1997).
course of employment. (I7c) Events that occur or cir
cumstances that exist as a part of one's employment;
esp., the time during which an employee furthers an
employer's goals through employer-mandated direc
tives. Cf. SCOPE OF EMPLOYMENT; ZONE OF EMPLOY
MENT.
course of performance. (l8c) A sequence of previous
performance by either party after an agreement has
been entered into, when a contract involves repeated
occasions for performance and both parties know the
nature of the performance and have an opportunity
to object to it . A course of performance accepted or
acquiesced in without objection is relevant to deter
mining the meaning of the agreement. Cf. COURSE OF
DEALING; trade usage under USAGE. [Cases: Contracts
(::::J170.]
"[(lommon law courts have recognized the necessity of
learning how people usually talk and what they usually
mean by their language before one interprets their con
tracts.... '[Clourse of performance' refers to a pattern
of performance of the contract that is the subject of the
dispute, as contrasted to 'course of dealing' which refers
to the pattern of performance in prior contracts between
the same parties." Claude Rohwer & Gordon D. Schaber,
Contracts in a Nutshell 171-73 (4th ed. 1997).
''The phrase 'course of performance' relates to the way the
parties have acted in performance of the particular contract
in question. The judicial inquiry on this point is limited to
the way the parties have acted in carrying out the particular
contract that is in controversy, as distinguished from a
general pattern of dealing that may embrace many other
contracts or transactions between the parties." Ronald A.
Anderson, Uniform Commercial Code  1-205:74 (1997).
course oftrade. See trade usage under USAGE.
court, n. (12c) 1. A governmental body consisting of
one or more judges who sit to adjudicate disputes and
administer justice <a question oflaw for the court to
decide>.
"A court ... is a permanently organized body, with inde
pendent judicial powers defined by law, meeting at a time
and place fixed by law for the judicial public administration
ofjustice." 1 Williamj. Hughes, Federal Practice, Jurisdiction
& Procedure  7, at 8 (1931).
2. "The judge or judges who sit on such a governmen
tal body <the court asked the parties to approach the
bench>. 3. A legislative assembly <in Massachusetts,
the General Court is the legislature>. 4. The locale for
a legal proceeding <an out-of-court statement>. 5. The
building where the judge or judges convene to adjudi
cate disputes and administer justice <the lawyers agreed
to meet at the court at 8:00 a.m.>. -Also termed (in
sense 5) courthouse.
admiralty court. See ADMIRALTY (1).
appeals court. See appellate court.
appellate court. (18c) A court with jurisdiction to
review decisions of lower courts or administrative
agencies. -Also termed appeals court; appeal court;
court of appeals; court of appeal; court of review.
[Cases: Courts C='203-254.J "Appellate courts are among the most important institu
tions of governance in the United States. Through their
review of trial court and administrative agency decisions
they ensure that those bodies function lawfully and that
litigants receive justice under law. Moreover, they provide
authoritative interpretations of statutory and constitu
tional provisions and control the shaping of the common
law in response to ever-changing circumstances; they are
thus major sources of law." Daniel John Meador & Jordana
Simone Bernstein, Appellate Courts in the United States v
(1994).
Archdeacon's court. See COURT OF ARCHDEACON.
Article I Court. See legislative court.
Article III Court. See ARTICLE III COURT.
Bail Court. See BAIL COURT.
Bankruptcy Court. See BANKRUPTCY COURT.
baronial court. Hist. A feudal court established by the
owner of extensive lands held directly of the king
under military tenure.
base court. Archaic. An inferior court.
basement court. See BASEMENT COURT.
bishop'S court. See BISHOP'S COURT.
borough court. See BOROUGH COURT.
business court. (1914) A court that handles exclusively
commercial litigation. _ In the late 20th century,
business courts emerged as a way to unclog the
general dockets and to dispose of commercial cases
more efficiently and consistently. Also termed com
mercial court; commercial division.
byrlaw court. See BYRLAW COURT.
Central Criminal Court. See CENTRAL CRIMINAL
COURT.
children's court. See juvenile court (1).
church court. See ecclesiastical court.
circuit court. (17c) I. A court usu. having jurisdiction
over several counties, districts, or states, and holding
sessions in all those areas. See CIRCUIT; CIRCUIT-RID
ING. 2. UNITED STATES COURT OF APPEALS.
city court. See municipal court.
civil court. (16c) A court with jurisdiction over non
criminal cases. -Abbr. Civ. Ct.
claims court. See court ofclaims.
closed court. See CLOSED COURT.
Commerce Court. Rist. A federal court that had the
power to review and enforce determinations of the
Interstate Commerce Commission . The Commerce
Court existed from 1910 to 1913.
commercial court. 1. See business court. 2. English law.
A court that hears business disputes under simpli
fied procedures designed to expedite the trials . This
court was created in 1971 as part of the Queen's Bench
Division ofthe High Court of Justice.
commissary court. 1. A court of general ecclesiasti
cal jurisdiction presided over by four commission
ers appointed by the Crown from the Faculty of

406 court
Advocates. 2. Scots law. A sheriff or county court
that appoints and confirms the executors ofdecedents
who have personal property in Scotland. 3. Hist. Scots
law.


appoints and confirms the executors ofdecedents
who have personal property in Scotland. 3. Hist. Scots
law. A supreme court in which matters ofprobate and
divorce were decided . This court was established
in Edinburgh in 1563 to hear cases that had previ
ously come under the jurisdiction ofthe ecclesiastical
commissary court. It was absorbed by the Court of
Session in 1836.
commissioner's court. In certain states, a court having
jurisdiction over county affairs and often function
ing more as a managerial group than as a judicial
tribunal.
common pleas court. See COURT OF COMMON PLEAS.
commonwealth court. 1. In some states, a court of
general jurisdiction. [Cases: Courts (:::::> 118.] 2. In
Pennsylvania, a court that hears suits against the state
and reviews decisions of state agencies and officials.
[Cases: Courts (:::::>242(1).]
competent court. See court ofcompetent jurisdiction.
conciliation court. See small-claims court.
consistory court. See CONSISTORY COURT.
constitutional court. (1823) 1. A court named or
described and expressly protected in a constitution;
esp., ARTICLE III COURT. 2. A court whose jurisdic
tion is solely or primarily over claims that legislation
(and sometimes executive action) is inconsistent with
a nation's constitution . Germany, for example, has
state constitutional courts and a Federal Constitu
tional Court.
consular court (kon-sd-ldr). A court held by the consul
of one country within the territory of another.
Consular courts are created by treaty, and their
jurisdiction is usu. limited to civil cases. The last of
the U.S. consular courts (Morocco) was abolished in
1956. [Cases: Ambassadors and Consuls (:::::>6.]
coroner's court. English law. A common-law court
that holds an inquisition if a person died a violent
or unnatural death, died in prison, or died suddenly
when the cause is not known. The court also has
jurisdiction over treasure trove.
corporation court. In some jurisdictions, a court that
serves an incorporated municipality. See municipal
court.
county court. (16c) 1. A court with powers and jurisdic
tion dictated by a state constitution or statute . The
county court may govern administrative or judicial
matters, depending on state law. -Also termed parish
court; (in Latin) curia comitatus. [Cases: Counties
38; Courts (:::::> 182.] 2. See probate court.
court above. (l7c) A courtto which a case is appealed.
Also termed higher court; upper court.
court a quo (ay kwoh). A court from which a case has
been removed or appealed. court below. (17c) A trial court or intermediate appel
late court from which a case is appealed. -Also
termed lower court.
court christian. See ecclesiastical court.
court de facto. See de facto court.
court merchant. Hist. A court of limited jurisdiction
that decided controversies arising between merchants,
dealers, shipmasters, supercargoes, and other, usu.
transient, people connected with trade . Cases were
usu. tried before a jury of merchants.
court not of record. An inferior court that is not
required to routinely make a record ofeach proceed
ing and usu. does not. [Cases: Courts (:::::>49.]
court ofappeals. (17c) 1. An intermediate appellate
court. -Also termed (as in California and England)
court ofappeal. See appellate court. 2. In New York
and Maryland, the highest appellate court within the
jurisdiction. [Cases: Courts (:::::>226, 237(1).]
court ofchivalry. See HIGH COURT OF CHIVALRY.
court ofclaims. A court with the authority to hear
claims made against a state (or its political subdivi
sion) for cases in which the state has waived sovereign
immunity. -Also termed claims court. See UNITED
STATES COURT OF FEDERAL CLAIMS. [Cases: States
(:::::> 184.]
court ofcompetent jurisdiction. A court that has the
power and authority to do a particular act; one rec
ognized by law as possessing the right to adjudicate a
controversy. -Also termed competent court.
court ofdomestic relations. See family court.
court ofequity. (16c) A court that (1) has jurisdiction
in equity, (2) administers and decides controversies in
accordance with the rules, principles, and precedents
ofequity, and (3) follows the forms and procedures of
chancery. Cf. court oflaw. [Cases: Courts (:::::>42(7).]
court offinal appeal. 1. See court of last resort. 2.
Eccles. law. (cap.) JUDICIAL COMMITTEE OF THE PRIVY
COUNCIL.
court offirst instance. See trial court.
court ofgeneral jurisdiction. (18c) A court having
unlimited or nearly unlimited trial jurisdiction in
both civil and criminal cases. -Also termed general
jurisdiction court. [Cases: Courts (:::::> 117.5-158.1.]
court ofimpeachment. See COURT FOR THE TRIAL OF
IMPEACHMENTS.
court of inquiry. 1. Hist. In English law, a court
appointed by the monarch to ascertain whether it was
proper to use extreme measures against someone who
had been court-martialed. 2. Hist. In American law,
an agency created under articles of war and vested
with the power to investigate the nature ofa transac
tion or accusation of an officer or soldier. 3. In some
jurisdictions, a procedure that allows a magistrate
to examine witnesses in relation to any offense that
the magistrate has a good-faith reason to believe was
committed.

407
court ofinstance. See trial court.
court oflast resort. (17c) The court having the authority
to handle the final appeal of a case, such as the U.S.
Supreme Court.
court oflaw. (16c) 1. Broadly, any judicial tribunal that
administers the laws of a state or nation. 2. A court
that proceeds according to the course of the common
law, and that is governed by its rules and principles.
Cf. court ofequity.
court oflimited jurisdiction. A court with jurisdiction
over only certain types ofcases, or cases in which the
amount in controversy is limited. [Cases: Courts ~
159-19il
court ofordinary. See probate court.
court oforiginal jurisdiction. (I8c) A court where an
action is initiated and first heard. [Cases; Courts
117.5-15S.1,206.]
court ofrecord. (ISc) 1. A court that is required to keep
a record of its proceedings . The court's records
are presumed accurate and cannot be collaterally
impeached. See OF RECORD (2). [Cases; Courts (;:::::<
48.]
"The distinction that we still draw between 'courts of
record' and courts that are 'not of record' takes us back
to early times when the king asserts that his own word as
all that has taken place in his presence is incontestable.
This privilege he communicates to his own special court;
its testimony as to ali that is done before it is concluSive.
If any question arises as to what happened on a previous
occasion, the justices decide this by recording or bearing
record (recordantur, portant recordum). Other courts ...
may and, upon occasion, must bear record; but their
records are not irrefragable .... We easily slip into saying
that a court whose record is incontrovertible is a court
which has record (habet recordum) or is a court of record,
while a court whose record may be disputed has no record
(non habet recordum) and is no court of record." 2 Freder
ick Pollock & Frederic William Maitland, History ofEnglish
Law Before the Time of Edward 1669 (2d ed. 1899).
2. A court that may fine and imprison people for
contempt.
"A court of record is, strictly speaking, a court which has
power to fine and imprison." Lancelot Feilding Everest,
Everest and Strode's Law ofEstoppel 13 (1923).
court ofreview. See appellate court.
court ofspecial jurisdiction. See limited court.
court ofspecial session. (1813) A court that has no
stated term and is not continuous, but is organized
only for hearing a particular case. [Cases: Courts (;:::::)
64.]
court of summary jurisdiction. See magistrate's
court.
criminal court. A court with jurisdiction over criminal
matters.
Crown Court. See CROWN COURT.
Dean ofGuild Court. See DEAN OF GUILD COURT.
de facto court (di fak-toh). 1. A court functioning under
the authority of a statute that is later adjudged to be
invalid. -Also termed court defacto. [Cases: Courts court
~59.l2. A court established and acting under the
authority of a de facto government.
dependency court. A court having jurisdiction over
matters involving abused and neglected children,
foster care, the termination of parental rights, and
(sometimes) adoption.
diocesan court (dI-ahs-i-sin). Eccles. law. A court exer
cising general or limited jurisdiction (as determined
by patent, local custom, or legislation) of matters
arising within a bishop's diocese . Diocesan courts
include the consistorv court, the courts of the com
missaries, and the co~rts of archdeacons.
district court. (I8c) 1. A trial court having general
jurisdiction within its judicial district. Abbr. D.C.
[Cases: Courts 191.] 2. Scots law. A local court,
usu. staffed by lay magistrates, with jurisdiction over
petty crimes.
divided court. See DIVIDED COURT.
divisional court. An English court made up of two or
more judges from the High Court of Justice sitting
in special cases that cannot be disposed of by one
judge. Each division of the High Court has a divi
sional court, e.g., the Divisional Court of the Family
Division. With the exception of the Divisional Court
of the Chancery Division, which has jurisdiction to
review land-registration appeals from the county
court, almost all judicial appeals are from decisions
of a magistrates' court. The Divisional Court of the
Queen's Bench DiVision hears appeals from the Crown
Court or the magistrates' court by way ofcase stated
in criminal prosecutions, which is the most frequent
use ofa divisional court.
domestic court. (1801) 1. A court having jurisdiction
at the place of a party's residence or domicile. 2. See
family court.
domestic-relations court. Seefamily court.
drug court. A court that hears cases against nonvio
lent adults and juveniles, who are often first-time
offenders and who are usu. charged with posses
sion of a controlled substance or with committing
a minor drug-related crime . Drug courts focus on
treatment rather than on incarceration. Cf. problem
solVing court. [Cases: Chemical Dependents 12;
Sentencing and Punishment (:..-::::02051.]
ecclesiastical court (i-klee-zee-as-ti-k;:!l). 1. A religiOUS
court that hears matters concerning a particular
religion. 2. In England, a court having jurisdiction
over matters concerning the Church ofEngland (the
established church) as well as the duties and rights of
the people serving it, but whose modern jurisdiction
is limited to matters ofecclesiastical discipline and
church property. Also termed church court; court
christian; spiritual court; (in Latin) christianitatis
curia; curia christianitatis. [Cases: Religious Societ
ies 14.]
'The ecclesiastical courts exercised a jurisdiction which
played a part of the development of the English legal
system, and their work was not confined to controlling

the clergy and doctrines of the Church. The jurisdiction
of these courts was of particular significance before the
Reformation, but, in certain matters and especially in
matrimonial causes and the law of succession to property
on death (testate and intestate succession), it remained
of importance till the middle of the nineteenth century."
1 A.K.R. Kiralfy, Potter's Historica!lntroduction to English
Law and Its Institutions 211 (4th ed. 1958).
examining court. (ISc) A lower court (usu. preSided
over by a magistrate) that determines probable cause
and sets bail at a preliminary hearing in a criminal
case.
family court. (1923) A court having jurisdiction over
matters involving divorce, child custody and support,
paternity, domestic violence, and other family-law
issues. Also termed domestic-relations court; court
ofdomestic relations; domestic court. [Cases: Courts
<>~)174.]
federal court. (ISc) A court having federal jurisdiction,
including the u.s. Supreme Court, circuit courts of
appeals, district courts, bankruptcy courts, and tax
courts. -Also termed United States court.
foreign court. (16c) I. The court ofa foreign nation. 2.
The court ofanother state.
forty-days court. See COURT OF ATTACHMENTS.
franchise court. See FRANCHISE COURT.
full court. (16c) A court session that is attended by all
the court's judges; an en bane court. Also termed
full bench.
General Court. See GENERAL COURT.
general-jurisdiction court. See court ofgeneral juris
diction.
High Commission Court. See COURT OF HIGH COM
MISSION.
High Court. 1. See HIGH COURT OF JUSTICE. 2. See HIGH
COURT OF JUSTICIARY.
High Court ofAdmiralty. See HIGH COURT 01' ADMI
RALTY.
High Court of Chivalry. See HIGH COUR


HIGH COURT 01' ADMI
RALTY.
High Court of Chivalry. See HIGH COURT OF
CHIVALRY.
High CaurtofDelegates. See COURT OF DELEGATES.
High Court of Errors and Appeals. See COURT OF
ERRORS AND APPEALS.
High CaurtafJustice. See HIGH COURT OF JUSTICE.
High Court ofJusticiary. See HIGH COURT OF JUSTI
CIARY.
higher court. See court above.
highest caurt. (l6c) The court oflast resort in a particu
lar jurisdiction; a court whose decision is final and
cannot be appealed because no higher court exists to
consider the matter. -The U.S. Supreme Court, for
example, is the highest federal court.
hot court. (1972) A court, esp. an appellate court, that
is familiar with the briefs filed in the case, and there
fore with the issues, before oral argument. _ Typi
cally, a hot court controls the oral argument with its questioning, as opposed to listening paSSively to set
presentations ofcounsel.
housing court. A court dealing primarily with land
lord-and-tenant matters, including disputes over
maintenance, lease terms, and building and fire
codes. [Cases: Courts
hundred court. Hist. In England, a larger court baron,
held for all inhabitants of a particular hundred
rather than a manor, in which the free suitors were
the judges (jurors) and the steward the register.
A hundred court was not a court of record, and it
resembled a court-baron in all respects except for its
larger territorial jurisdiction. The last hundred court
was abolished in 1971. Also termed hundred moot.
See COURT BARON.
impeachment court. See COURT FOR THE TRIAL OF
IMPEACHME:siTS.
inferior court. (I7c) I. Any court that is subordinate to
the chief appellate tribunal within a judicial system. 2.
A court ofspecial, limited, or statutory jurisdiction,
whose record must show the existence ofjurisdic
tion in any given case to give its ruling presumptive
validity. -Also termed lower court.
inquisitorial court. A court in which the inquisitorial
system prevails.
''We should remember that in the 'inquisitorial court' the
roles of prosecutor, defender, and judge are combined in
one person or group of persons. It is no accident that such
a court commonly holds its sessions in secret. The usual
explanation for this is that the methods by which it extracts
confessions cannot stand public scrutiny. But the reason
runs deeper. The methods employed by an inquisitorial
court, even if open to the public, could scarcely be a secret
of meaningful observation by an outsider. It is only when
the roles of prosecutor, defender, and judge are sepa
rated that a process of decision can take on an order and
coherence that will make it understandable to an outside
audience and convince that audience that all sides of the
controversy have been considered." Lon L. Fuller, Anatomy
ofthe Law 35-36 (1968).
instance court. 1. See trial court. 2. Hist. The admiralty
court in England that exercised original jurisdiction
in all cases except those involving prizes.
insular court. A federal court with jurisdiction over
U.S. island territories, such as the Virgin Islands.
[Cases: Federal Courts C::=> 1021-1024.]
intermediate court. An appellate court that is below a
court oflast resort.
International Court ofJustice. See INTERNATIONAL
COURT OF JUSTICE.
International Criminal Court. See I~TERNATIO~AL
CRIMINAL COURT.
International Trade Court. See UNITED STATES COURT
OF INTERNATIONAL TRADE.
J.P. court. Seejustice court.
justice court. (16c) A court, presided over by a justice of
the peace, that has jurisdiction to hear minor criminal
cases, matters involving small amounts ofmoney, or
certain specified claims (such as forcible-entry-and

detainer suits). -Also termed justice-of-the-peace
court; J.P. court. [Cases: Justices ofthe Peace C::='31.]
juvenile court. (1903) 1. A court having jurisdiction
over cases involving children under a specified age,
usu. 18. _ Illinois enacted the first statewide juvenile
court act in 1899. Today every state has a specialized
juvenile or family court with exclusive original delin
quency jurisdiction. -Also termed children's court.
[Cases: Courts 174.] 2. A court having special
jurisdiction over orphaned, delinquent, dependent,
and neglected children. _ This type ofjuvenile court
is created by statute and derives its power from the
specific wording ofthe statute, usu. haVing exclusive
original jurisdiction over matters involving abuse
and neglect, adoption, status offenses, and delin
quency. Generally, juvenile courts are special courts
of a paternal nature that have jurisdiction over the
care, custody, and control of children (as defined by
the statute). The jurisdiction of the juvenile court
is exercised as between the state (for the child) and
the parents of the child and is not concerned with a
custody controversy that does not affect the morale,
health, or welfare ofthe child. A juvenile court is not
a criminal court. The primary concern of a juvenile
court is the child's immediate welfare. See UNIFORM
JUVENILE COURT ACT. [Cases: Infants
kangaroo court. (1849) 1. A self-appointed tribunal or
mock court in which the principles of law and justice
are disregarded, perverted, or parodied. -Kangaroo
courts may be assembled by various groups, such as
prisoners in a jail (to settle disputes between inmates)
and players on a baseball team (to "punish" team
mates who commit fielding errors). 2. A court or
tribunal characterized by unauthorized or irregu
lar procedures, esp. 80 as to render a fi:tir proceeding
impossible. 3. A sham legal proceeding. -The term's
origin is uncertain, but it appears to be an American
ism. It has been traced to 1853 in the American West.
"Kangaroo" might refer to the illogical leaps between
"facts" and conclusions, or to the hapless defendant's
quick bounce from court to gallows.
King's Court. See CURIA REGIS.
land court. A court having jurisdiction over land
related matters including: (1) exclusive original juris
diction of applications for registration ofland titles
and related questions, writs ofentry and petitions to
clear title to real estate, petitions to determine the
validity and extent of municipal zoning ordinances,
bylaws, and regulations, and proceedings for fore
closure and redemption from tax titles; (2) original
concurrent jurisdiction ofdeclaratory judgment pro
ceedings, shared with the supreme judicial, superior,
and probate courts; and (3) original concurrent equity
jurisdiction in land-related matters, except for cases of
specific performance ofland contracts. -Land courts
today exist in the United States in Massachusetts
and Hawaii. [Cases: Courts
landed-estates court. Hist. English law. A statutorily
established tribunal to dispose of encumbered real estate more promptly and easily than could be accom
plished through the ordinary judicial machinery.
This type of court was first established in Ireland by
acts of 11 & 12 Vict., ch. 48 and 12 & 13 Vict., ch. 77.
The purpose ofthe court was to enable the owner, or
any lessee of an unexpired term of63 years or less,
of encumbered land to apply to commissioners to
direct a sale. The court served as a court of record
and was called the Incumbered Estates Court. A later
act abolished that court and created a new perma
nent tribunal called the Landed Estates Court. 21 &
22 Vict., ch. 72.
legatine court. A court held by a papal legate and
having ecclesiastical jurisdiction.
legislative court. (1828) A court created by a statute,
as opposed to one created by a constitution. -Also
termed (in federal law) Article I court. [Cases: Courts
levy court. Hist. A court in the District of Columbia
that exercised many of the functions typical of
county commissioners or county supervisors in the
states, such as constructing and repairing roads and
bridges.
limited court. A court haVing special jurisdiction
conferred by statute, such as a probate court. - Also
termed court ofspecial jurisdiction. [Cases: Courts
(~:::159-197.]
liquidation court. Any court in which a liquidation
proceeding takes place.
local court. A court whose jurisdiction is limited to
a particular territory, such as a state, municipal, or
county court.
lord mayor's court. Hist. A court oflaw and equity that
had jurisdiction in civil cases arising within the city
of London and acted as the appellate court from the
Chamberlain Court. _ It was abolished by the Court
Act of 1971.
lower court. 1. See court below. 2. See inferior court.
magistrate's court (maj-i-strayts or -strits). (1904)
1. A court with jurisdiction over minor criminal
offenses. _ Such a court also has the power to bind
over for trial persons accused of more serious
offenses. -Also termed police court. 2. A court with
limited jurisdiction over minor criminal and civil
matters. -Sometimes spelled (esp. in England) mag
istrates' court. --Also termed (in England) court of
petty sessions; court ofsummary jurisdiction. [Cases:
Justices ofthe Peace C::>31.j
maritime court. See ADMIRALTY (1).
mayor's court. A municipal court in which the mayor
presides as the judge, with jurisdiction over minor
criminal (and sometimes civil) matters, traffic
offenses, and the like. [Cases: Municipal Corpora
tions C::>635.]
military court. A court that has jurisdiction over
members of the armed forces and that enforces the

Code of Military Justice. See CODE OF MILITARY
JUSTICE. [Cases: Military Justice <>=)870.]
military court ofinquiry. A military court that has
special and limited jurisdiction and that is convened
to investigate specific matters and, traditionally, to
determine whether further procedures are warranted.
10 USCA  935. [Cases: Armed Services ~41.]
moot court. See MOOT COURT.
municipal court. (17c) A court having jurisdiction
(usu. civil and criminal) over cases arising within the
municipality in which it sits. _ A municipal court's
civil jurisdiction to issue a judgment is often limited
to a small amount, and its criminal jurisdiction is
limited to petty offenses. -Also termed city court.
[Cases: Courts <8="::> 186; Municipal Corporations C~'
634.]
naturalization court. See NATURALIZATION COURT.
nisi prius court. See NISI PRIUS.
open court. See OPEN COURT.
ordinary's court. See probate court.
orphan's court. See probate court.
Palace Court. See PALACE COURT.
parish court. See county court.
peacemaker's court. Native American law. A tribal
court that adjudicates, arbitrates, or mediates some
disputes, usu. according to traditional and statutory
tribal law. rCases: Indians
people's court. See PEOPLE'S COURT.
piepowder court. See PIEPOWDER COURT.
police court. See magistrate's court (1).
policy court. An appellate court, usu. a court of last
resort, that must consider a decision's effects not only
on the litigants but also on public policy.
practice court. 1. See MOOT COURT. 2. (cap.) See BAIL
COURT.
prerogative court. In New Jersey, a probate court. See
probate court. Courts C=: 200.]
pretorial court. Hist. A 17th-century Maryland court
that had jurisdiction over capital and other serious
crimes. -It consisted of three judges: the colony's
lord proprietor or his lieutenant-general, the Secre
tary or Register ofthe Council ofState, and one other
member ofthe Council.
prize court. A court having jurisdiction to adjudicate
the captures made at sea in time ofwar. See PRIZE (2).
Cf. COURT OF APPEALS IN CASES OF CAPTURE. [Cases:
War and National Emergency ~28(1).J
probate court. (18c) A court with the power to declare
wills valid or invalid, to oversee the administration
of estates and (in some states) to appoint guardians
and approve the adoption of minors. Also termed
surrogate's court; surrogate court; court ofordinary;
ordinary's court; county court; orphan's court (abbr.
o.c.). See PROBATE. [Cases: Courts ::> 198.J problem-solving court. A specialized court that
matches community resources to litigants whose
problems or cases may benefit from those resources.
In criminal cases, a problem -solving court endeavors
to promote solutions to underlying behavior problems
that may lead to misconduct by providing treatment
rather than imprisonment. For example, it may match
ofFenders with resources for drug-abuse or mental
health treatment, often with close court supervision.
In civil cases, a problem-solving court may help the
parties try to resolve disputes through counseling or
mediation rather than litigation. Cf. drug court.
provisional court. A federal court with jurisdiction and
powers governed by the order granting its authority,
such as a temporary court established in a conquered
or occupied territory.
Quarter Sessions Court. See COURT OF GENERAL
QUARTER SESSIONS OF THE PEACE.
recorder's court. A court having jurisdiction over felony
cases. -This court exists in only a few jurisdictions,
such as Michigan, where the recorder's court hears
felony cases arising within the Detroit city limits.
[Cases: Criminal Law