, where the recorder's court hears
felony cases arising within the Detroit city limits.
[Cases: Criminal Law
register'S court. Hist. A probate court in Pennsylvania
or Delaware. See probate court. [Cases: Courts G-'J
200.J
rogue court. A court that fails to apply controlling law
in making its decisions.
sheriff's court. Scots law. The principal inferior court
in Scotland, haVing both civil and criminal jurisdic
tion.
small-claims court. (1923) A court that informally and
expeditiously adjudicates claims that seek damages
below a specified monetary amount, usu. claims
to collect small accounts or debts. -Also termed
small-debts court; conciliation court. [Cases: Courts
~~174.]
spiritual court. See ecclesiastical court.
state court. (18c) A court of the state judicial system,
as opposed to a federal court.
superior court, (18c) 1. In some states, a trial court of
general jurisdiction. [Cases: Courts C=:117.5-158.1.]
2. In Pennsylvania, an intermediate court between
the trial court and the chiefappellate court. [Cases:
Courts C=:242(3).J
supreme court. See SUPREME COURT.
Supreme Court ofthe United States. See SUPREME
COURT OF THE UNITED STATES.
Supreme Judicial Court. (18c) The highest appellate
court in Maine and Massachusetts. [Cases: Courts
C=:225,227.J
surrogate's court. See probate court.
tax court. See TAX COURT.
teen court. A group of teenagers who (1) hear cases
involving juveniles, usu. first-time offenders, who
have acknowledged their guilt or responsibility, and

411
(2) impose sanctions within a fixed range, usu. involv
ing counseling, community service, or restitution.
Some local jurisdictions in more than half the states
have provided for this type of tribunal. The juvenile
offender consents to the assessment of punishment
by this jury ofpeers. The American Bar Association
encourages the formation ofthese kinds ofcourts.
Also termed youth court.
Teind Court. See TEIND COURT.
territorial court. A U.S. court established in a U.S. ter
ritory (such as the Virgin Islands) and serving as both
a federal and state court. The Constitution autho
rizes Congress to create such court. U.S. Canst. art.
IV,  3, cl. 2. [Cases: Federal Courts C=:='1021-1024.]
three-judge court. A court made up of three judges;
esp., a panel ofthree federal judges convened to hear a
trial in which a statute is challenged on constitutional
grounds. Three-judge courts were Virtually abol
ished in 1976 when Congress restricted their juris
diction to constitutional challenges to congressional
reapportionments. Occasionally, Congress creates
three-judge courts in special legislation, as with the
2002 campaign-finance law. Appeals from a three
judge court go directly to the Supreme Court. See 28
USCA  2284. [Cases: Federal Courts (;::::)991-1013.]
traffic court. A court with jurisdiction over prosecu
tions for parking violations and infractions of road
law.
trial court. (18c) A court oforiginal jurisdiction where
the evidence is first received and considered. -Also
termed court offirst instance; instance court; court
ofinstance.
Tribal Court. See TRIBAL COURT.
unified family court. In some jurisdictions, a court that
hears all family matters, including matters ofdivorce,
juvenile delinquency, adoption, abuse and neglect,
and criminal abuse. A unified family court also
hears matters typically heard in family court (in juris
dictions that have statutory family courts) or in courts
ofgeneral jurisdiction, such as divorce, paternity, and
emancipation proceedings. Proponents of unified
family courts cite the benefits of having all family
related matters heard by one court -for instance, the
benefit ofhaving a child testify only once rather than
forcing the child to testify in one court in a divorce
proceeding, in a different court in criminal proceed
ings against an abuser, and in yet another in a civil
proceeding initiated Child Protective Services.
[Cases: Courts
United States Claims Court. See UNITED STATES COURT
OF FEDERAL CLAIMS.
United States court. Seefederal court.
United States Court of International Trade. See
UNITED STATES COURT OF INTERNATIONAL TRADE.
United States Customs Court. See UNITED STATES
CUSTOMS COURT. court below
United States District Court. See UNITED STATES
DISTRICT COURT.
United States Supreme Court. See SUPREME COURT OF
THE UNITED STATES.
United States Tax Court. See TAX COURT, U.S.
upper court. See court above.
vice-admiralty court. See VICE-ADMIRALTY COURT.
Wood-Plea Court. See WOOD-PLEA COURT.
World Court. See INTERNATIONAL COURT OF JUSTICE.
youth court. See teen court.
court administrator. See ADMINISTRATOR (1).
court-appointed attorney. See assigned counsel under
COUNSEL.
court-appointed counsel. See assigned counsel under
COUNSEL.
court-appointed expert. See impartial expert under
EXPERT.
court-appointed special advocate. A trained volun
teer appointed by a court to represent the interests of
a child in an abuse or neglect case. -Abbr. CASA.
Cf. guardian ad litem under GUARDIAN. [Cases: Infants
C=:='20S.]
Court Appointed Special Advocates. A federally funded
program in which trained laypersons act on behalf
of children in abuse and neglect cases. The CAS A
program began in 1977 in Seattle, Washington. In 1989,
the American Bar Association endorsed using a com
bination of CASA volunteers and attorneys in abuse
and neglect cases. CASA volunteers are sanctioned by
the ABA as permissible guardians ad litem. Abbr.
CASA. (Cases: Infants C=:='205.]
court a quo. See COURT.
court baron. Hist. Amanorial court that had jurisdiction
over amounts in controversy of 40 shillings or less.
According to some authorities, the court baron devel
oped into two courts: the customary court baron for
disputes involving copyholders, and the court baron
proper (also known as the freeholders' court baron),
in which freeholders were allowed to hold court con
cerning minor disputes. -Also termed freeholder's
court baron.
"In Coke's day it was said that the lord of a manor had one
court, 'a court baron,' for his freeholders and another court,
'a customary court,' for his copyholders, and that in the
latter the lord or his steward was the judge. Now over his
unfree men the lord had, according to the law of the king's
court, almost unlimited power; short of maiming them he
might do what he liked with them; and every tenant of an
unfree tenement was a tenant at will. Nevertheless in the
court rolls and the manuals for stewards which come to
us from the thirteenth and fourteenth centuries we cannot
discover two courts or two methods of constituting the
court. Freeholders and serfs are said to owe suit to the
same halimoot, and so far as we can see, the curia which
pronounces judgment is always the same body." 1 Freder
ick Pollock & Frederic W. Maitland, The History of Eng/ish
Law Before the Time of Edward / 593 (2d ed. 1898).
court below. See COURT.

412 court calendar
court calendar. (1852) A list of matters scheduled for
trial or hearing; DOCKET (2).
court christian. See ecclesiastical court under COURT.
court dinic. A medical clinic, established for the benefit
of the courts, to which a judge may send a defendant for
psychiatric evaluation or, esp. in the case of a juvenile,
to explore why the defendant committed the offense
and what treatment is appropriate.
"Court Clinics have developed in two ways: one, in which
the clinic has its own social workers to take case histories
and to investigate the past ofthe offenders, and the second
is when the Clinic utilizes the probation department as his
torians and as therapists. In both types of clinics, a history
is taKen. appropriate psychological tests are given to the
offender, with particular reference to his intelligence, and
a physical examination and a psychiatric examination are
made. Usually these clinics have a meeting in which the
whole staff discuss the cases when a diagnosis is made
and. finally a report is sent to the referring judge, inform
ing him as to the probable reason why the offender has
committed the offense. the appropriate treatment if any
is necessary, and the probably outcome of the case if the
treatment procedures recommended are carried out."
Encyclopedia ofCriminology 79-80 (Vernon c. Branham &
Samuel B. Kutash eds . 1949).
court commissioner. See COMMISSIOKER.
court costs. See COST (2).
court crier. See CRIER (1).
court day. See DAY.
court de facto. See de facto court under COURT.
courtesan. l. A court mistress. 2. A loose woman. 3. A
prostitute. -Also spelled courtezan. Cf. CONCUBINE.
courtesy. See CURTESY.
courtesy supervision. (1970) Oversight ofa parolee by a
correctional agency located in a jurisdiction other than
where the parolee was sentenced . Courtesy supervi
sion is usu. arranged informally between correctional
authorities in cases in which the offense is not serious
and the parolee's rehabilitative needs are better served
in another jurisdiction.
Court for Consideration of Crown Cases Reserved.
Hist. A court established in 1848 to review questions
of law arising in criminal cases . Trial judges posed
the postverdict questions of law to the Court, which
decided whether error had been committed. The Court
was abolished in 1907, and its jurisdiction was trans
ferred to the Court of Criminal Appeal. -Also termed
Court for Crown Cases Reserved.
"It was an old practice for the judge, in case of a convic
tion, if he felt a doubt as to the law, to respite judgment
or sentence, and discuss the matter informally with the
other judges. If they thought that the prisoner had been
improperly conVicted, he was pardoned. Statutory author
ity was given to this practice in 1848 by the establishment
of the court for Crown Cases Reserved. All the judges were
members of this court; and five, of whom the Lord Chief
Justice must be one, formed a quorum." 1 William Holds
worth, A History ofEnglish Law 217 (7th ed. 1956).
Court for Divorce and Matrimonial Causes. Hist. A
court that exercised jurisdiction over family issues,
such as legitimacy and divorce . The Court, which was established in 1857, acquired the matrimonial jurisdic
tion previously exercised by the ecclesiastical courts. It
consisted of the Lord Chancellor, the Chief Justices of
the Queen's Bench and Common Pleas, the Chief Baron
ofExchequer, the senior puisne judges ofthe last three
courts, and the Judge Ordinary. In most instances, the
Judge Ordinary heard the cases. The Judicature Act of
1873 abolished the Court and transferred its jurisdic
tion to the Probate Divorce and Admiralty Division
(now Family Division) of the High Court ofJustice.
Court for the Correction of Errors. A court having
jurisdiction to review a lower court . The name was
formerly used in New York and South Carolina.
Court for the Relief ofInsolvent Debtors. Hist. A court
located in London that had jurisdiction over bank
ruptcy matters . The Bankruptcy Act of 1861 abol
ished the Court.
court for the trial of impeachments. (18c) A tribunal
empowered to try a government officer or other person
brought before it by the process ofimpeachment.  The
U.S. Senate and the British House of Lords have this
authority, as do the upper houses of most state legis
latures. Also termed impeachment court; court of
impeachment.
court hand. Hist. A script style used by English court
derks, the words being abbreviated and contracted
according to a set ofcommon principles for maintain
ing brevity and uniformity . This type of writing,
along with the use of Latin (except for technical or
untranslatable phrases), was banned early in the 18th
century in an effort to make court records more acces
sible to nonlawyers.
"[Tlechnical Latin continued in use from the time of its first
introduction, till the subversion of our ancient constitution
under Cromwell; when. among many other innovations
in the law. some for the better and some for the worse,
the language of our records was altered and turned into
English. But, at the restoration of king Charles, this novelty
was no longer countenanced; the practicers finding it very
difficult to express themselves so conCisely or significantly
in any other language but the Latin. And thus it continued
without any sensible inconvenience till about the year 1730,
when it was again thought proper that the proceedings at
law should be done into English, and it was accordingly
so ordered by statute 4 Geo. II. c. 26. .. What is said of
the alteration of language by the statute 4 Geo. II. c. 26
will hold equally strong with respect to the prohibition
of using the ancient immutable court hand in writing the
records of other legal proceedings; whereby the reading
of any record that is forty years old is now become the
object of science, and calls for the help of an antiquarian."
3 William Blackstone. Commentaries on the Laws ofEngland
322-23 (1768).
courthouse. See COURT (5).
courth


322-23 (1768).
courthouse. See COURT (5).
courthouse steps. The figurative location of settlement
negotiations that occur shortly before trial commences,
regardless ofthe literal location of the negotiations <the
parties settled the lawsuit on the courthouse steps>,
court lands. Hist. The part ofa manor used for the lord's
household. Also termed (in Latin) curtiles terrae.
court leet (kort leet). Hist. A feudal court responsible
for frankpledges and notices of criminal

413 Court of Assistants
accusations . Courts leet exercised both governmen
tal and judicial powers, but they declined in the 14th
century after the justices in eyre began to take over
serious criminal cases. The court met once or twice
a year, and was presided over by the lord's steward, a
lawyer who acted as judge.
court-martial, n. (18c) An ad hoc military court
convened under military authority to try someone,
particularly a member ofthe armed forces, accused of
violating the Uniform Code ofMilitary Justice. [Cases:
Military Justice C=870-898.] PI. courts-martial.
court-martial, vb.
"[Clourts-martial are not a part of the federal judicial
system, and the procedure in such courts is regulated by
the Articles of War, Army Regulations, orders of the Presi
dent, and military custom." Altmayer v. Sanford, 148 F.2d
161, 162 (5th Cir. 1945).
BCD special court-martial. A special court-martial in
which a possible punishment is a bad-conduct dis
charge (a "BCD").
general court-martial. A proceeding that is preSided
over by a military judge, and no fewer than five
members (who serve as jurors), and that has juris
diction over all the members of the armed forces.
It is the highest military trial court.
special court-martial. A proceeding that is presided
over by a military judge and no fewer than three
members (who serve as jurors) to hear noncapital
offenses and prescribe a sanction of hard labor, dis
missal, or extended confinement (up to one year) . It
is the intermediate level ofcourts-martial.
summary court-martial. A proceeding preSided over
by a single commissioned officer who is jurisdiction
ally limited in what sanctions can be imposed . It is
the lowest level ofcourts-martial.
court-martial order. A written order containing the
result ofa court-martial trial.
Court-Martial Reports. A publication containing the
opinions of the U.S. Court of Military Appeals and
select decisions of the Courts ofMilitary Review . This
publication appeared during the years 1951-1975. -
Abbr. CMR.
court merchant. See COURT.
court not ofrecord. See COURT.
Court of Admiralty. See HIGH COURT OF ADMIRALTY.
court of ancient demesne. Hist. A court made up of
freeholders ofland held by the Crown (Le., an ancient
demesne) .  The freeholders acted as judges much the
same way that freeholders ofan ordinary manor would
in a court baron. See ancient demesne under DEMESNE;
COURT BARON.
Court ofAppeal. An English court of civil and criminal
appellate jurisdiction established by the Judicature Acts
of 1873 and 1875. The court is made up of the Lord
Chancellor, Lord Chief Justice, Master of the Rolls,
President of the Family Division, Vice-Chancellor of
the Chancery Division, former Lord Chancellors, Lords of Appeal in Ordinary, and Lords Justices of AppeaL
In practice it is made up ofthe Master of Rolls and the
Lords Justices. It sits in several divisions, each having
three members.
Court ofAppeal in Chancery. Hist. An English court of
intermediate appeal in equity cases, established in 1851
and abolished in 1873-1875, when its jurisdiction was
transferred to the Court of Appeal.
court ofappeals. See COURT.
Court ofAppeals, U.S. See UNITED STATES COURT OF
APPEALS.
Court of Appeals for the Armed Forces. See UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES.
Court of Appeals for the Federal Circuit. See UNITED
STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT.
Court ofAppeals for Veterans Claims. The federal court
that reviews decisions ofthe Board ofVeterans Appeals.
[Cases: Armed Services C=:o 154.]
Court ofAppeals in Cases of Capture. Hist. A court
responsible for reviewing state-court decisions con
cerning British ships captured by American priva
teers during the Revolution . Congress established
the court under the Articles ofConfederation. It was
the first federal court in the United States and the chief
United States court from 1780 to 1787. Cf. prize court
under COURT.
Court ofArchdeacon (ahrch-dee-bn). Hist. Eccles. law.
An inferior ecclesiastical court that had jurisdiction
over cases arising within the archdeaconry and probate
matters. Appeal was to the Bishop's Court. The Court
of Archdeacon was abolished in 1967. Also termed
Archdeacon's Court; Archdiaconal Court (ahr-b-dI
ak-,m-<ll).
Court of Arches. Eccles. law. The ecclesiastical court of
the province of Canterbury, responsible for appeals
from provincial diocesan courts. The Pope heard
appeals from the Court of Arches until the break with
Rome prompted a transfer of the appellate jurisdiction
to the Court of Delegates. The Judicial Committee of
the Privy Council now hears certain appeals from the
Court ofArches. Also termed Arches Court ofCan
terbury; Court ofCanterbury; Court ofthe Official Prin
cipal. Cf. CHANCERY COURT OF YORK.
'The Court of Arches is the provincial court of the Arch
bishop of Canterbury. It is held by ajudge generally called
the Dean of the Arches. Its jurisdiction was important
while testamentary cases were dealt with in the Ecclesi
astical Courts. The name is derived from the fact that the
court was originally held in the Church of St. Mary-ie-BOW
(Ecciesia Beatae Mariae de Arcubus), the steeple of which
is raised on stone pillars formed archwise like bent bows."
W.J.v. Windeyer, Lectures on Legal Historv 184 n.11 (2d ed.
1949).
Court ofAssistants. Hist. A colonial body organized in
Massachusetts Bay Colony in 1630 to act as a legislature
and court for the colony. Cf. GENERAL COURT.
'The court of assistants, made up of governor, deputy
governor, and magistrates, heard appeals from lower

414 Court of Attachments
courts, and took original jurisdiction in certain cases
for example, cases of divorce. Below it were the county
courts." Lawrence M. Friedman, A History ofAmerican Law
40 (2d ed. 1985).
Court of Attachments. Hist. An inferior forest court
with jurisdiction over trespasses of the royal forests.
 'The judges of this court (the verderers) met every 40
days to hear charges made by the royal foresters. Major
trespass cases were heard by the justices in eyre. -Also
termed wood-mote;forty-days court. See VERDERER.
Court ofAudience. Rist. Eccles. law. A court in which the
Archbishop of York or Canterbury exercised personal
jurisdiction . This court was abolished in 1963.
')ust as the bishop did not deprive himself of all jurisdiction
by delegation to an official or commissary, so the arch
bishop did not originally deprive himself of all jurisdic
tion by delegation to the official principal. He possessed a
jurisdiction concurrent with that of the court of the Arches,
which was exercised in the court of Audience. In later times
this jurisdiction was exercised by the judge of the court of
Audience. At one time the archbishop may have exercised
a considerable part of this jurisdiction in this court." 1
William Holdsworth, A History of English Law 601 (7th ed.
1956).
Court of Augmentations. Hist. A court established in
1536 by Henry VIII to determine controversies arising
from the royal policy of taking over property owned by
monasteries . The court was merged into the Court of
Exchequer in 1554.
Court of Canterbury. See COURT OF ARCHES.
Court of Cassation (ka-say-shan). The highest court of
France. The court's name derives from its power to
quash (casser) the decrees of inferior courts. Also
termed (more formally) Cour de Cassation.
court ofchancery. See CHANCERY (1).
court ofchivalry. See HIGH COURT OF CHIVALRY.
Court ofCivil Appeals. (1892) An intermediate appellate
court in some states, such as Alabama and (formerly)
Texas. [Cases: Courts 247.]
court of claims. l. See COURT. 2. (cap.) See UNITED
STATES COCRT OF FEDERAL CLAIMS.
Court ofCommon Pleas. (l6c) 1. Hist. A superior court
having jurisdiction of all real actions and common
pleas (i.e., actions between subjects) . The Court was
presided over by a chief justice with four (later five)
puisne judges. In 1873 it became the Common Pleas
Division of the High Court ofJustice. In 1881 it merged
into the Queen's Bench Division. 2. An intermediate
level court in some states, such as Arkansas. [Cases:
Courts 3. A trial court ofgeneral jurisdiction
in some states, such as Ohio, Pennsylvania, and South
Carolina. [Cases: Courts 150, 151, 153.] -Also
termed Court ofCommon Bench. -Abbr. c.P.
"Common pleas is the kings Court now held in Westminster
hall, but in auncient time moveable, as appeareth by the
statute called Magna charta . ... [U]ntill the time that
Henry the third granted the great charter, there were but
two courts in all, called the Kings courts: whereof one was
the Exchequer, and the other, the kings bench, which was
then called (curia Domini regis) and (aula regis) because
it followed the court or king: and that upon the grant of that charter, the court of common pleas was erected and
setled in one place certaine: viz. at Westminster . ... All
civil I causes both reall and personall are, or were in former
times, tryed in this court, according to the strict lawe of
the realme: and by Fortescue, cap. 50 it seemeth to have
bene the onely court for reall causes." John Cowell, The
Interpreter (1607) .
court ofcompetent jurisdiction. See COURT.
court of conscience. Hist. A local English court that had
jurisdiction over small-debt cases . The court was so
called because its judgments were supposed to reflect
equity and good conscience. County courts assumed
the jurisdiction of the courts of conscience in 1846.
Court ofConvocation. Eccles. law. An assembly ofhigh
ranking provincial officials and representatives of the
lower clergy haVing jurisdiction over cases of heresy,
schism, and other ecclesiastical matters.
Court of Criminal Appeals. (1856) 1. For each armed
service, an intermediate appellate court that reviews
court-martial decisions. The court was estab
lished by the Military Justice Act of 1968. 10 USCA
 859-876. -Formerly termed Court ofMilitary
Review (abbr. CMR). Military Justice (::::>1411.]
2. In some jurisdictions, such as Texas and Oklahoma,
the highest appellate court that hears criminal cases.
Court ofCustoms and Patent Appeals. Hist. An Article
III court created in 1929 to hear appeals in customs and
patent cases . This court was abolished in 1982 and
was superseded by the V.S. Court of Appeals for the
Federal Circuit. Abbr. CCPA. See UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT. [Cases:
Patents
Court ofDelegates. Hist. Eccles. law. A court serving as
the final court ofappeal for admiralty and ecclesiasti
cal matters . The Court was established in 1534 to
serve in the stead ofthe Papal Curia when the English
Church severed its ties with the Papacy. Six delegates,
appointed to hear only one case, made up the Court,
usu. three persons trained in common law and three
in civil law. This mixture led to confused rulings and
unreliable precedents that hindered the Court's cred
ibility and ultimately led to its dissolution. The Court
was abolished in 1833 and its jurisdiction transferred
to the Judicial Committee of the Privy Council. Also
termed High Court ofDelegates.
"The crown had an absolute discretion as to the person to be
appointed. But, as the lawyers of Doctors' Commons were
the only lawyers acquainted with canon or civil law, certain
of them were usually included in the commission .... It
is not surprising to find that the [Court of Delegates] was
unsatisfactory. It was a shifting body, so that no general
rules of procedure could be established. It did not as a rule
give reasons for its decisions. Its members were only paid
a guinea a day: and consequently it was usually composed
of the junior civilians. On them, the judges of the common
law courts, appointed as delegates, were obliged to rely
for their law. In consequence of the dissatisfaction felt at
its working the EccleSiastical Commission of 1832, in a
special report, recommended the transfer of its jurisdiction
to the Privy Council ...." 1 William Holdsworth, A History
ofEnglish Law 605 (7th ed. 1956).


1 William Holdsworth, A History
ofEnglish Law 605 (7th ed. 1956).

415 Court of Great Sessions in Wales
court of domestic relations. See family court under
COURT.
Court ofEarl MarshaI.1. See COURT OF THE LORD HIGH
CONSTABLE AND EARL MARSHAL. 2. See HIGH COURT
OF CHIVALRY.
court ofequity. See COURT.
court of error. 1. Hist. Formerly, the Court of Exche
quer Chamber and the House ofLords. Appeals from
common-law courts lay to the Court of Exchequer
Chamber, and then to the House of Lords until 1873,
when the Judicature Act gave jurisdiction of superior
court appeals to the Court of AppeaL Cf. COURT OF
EXCHEQUER CHAMBER. 2. Generally, a court having
jurisdiction to review a lower court's rulings.
Court of Errors and Appeals. Hist. Formerly, the court
oflast resort in New Jersey and New York. Also
termed High Court ofErrors and Appeals.
Court of Exchequer (eks-chek-~r or eks-chek-~r). Hist.
A former English superior court responsible primarily
for adjudicating disputes about the collection ofpublic
revenue. In 1873 it became the Exchequer Division
of the High Court ofJustice. In 1881 that Division was
merged into the Queen's Bench Division. See QUEEN'S
BENCH DIVISION. Cf. CHAMBER OF ACCOUNTS.
Court of Exchequer Chamber. Hist. 1. An informal
assembly of common-law judges who (sometimes with
the Lord Chancellor) gathered to discuss important
cases that had adjourned pending an opinion from
the Court. This body never became a court oflaw
in a technical sense, but judges gave great weight to
its decisions. The last reported decision of this body
is from 1738.
"Earlier than these two statutory courts was the practice,
which apparently originated about the time of Edward
I, of informal meetings of the judges in the Exchequer
Chamber to decide matters connected with litigation....
The purpose ofthe meeting was to bring before the judges
a point of law which caused difficulty and which had arisen
in a case being heard before one or other of the courts.
Any resolution passed did not constitute ajudgment; it was
left to the court concerned to make the appropriate decree,
and the official record made no reference to the informal
decision.... Civil cases were debated in the Exchequer
Chamber as late as the seventeenth century, and criminal
cases continued to be 'reserved' for full discussion by all
the common law judges until the nineteenth century."
A.K.R. Kiralfy, Potter's Outlines of English Legal History
202-04 (5th ed. 1958).
2. A court created by statute in 1357 to hear appeals
from the Court of Exchequer. 3. A court created by
statute in 1585 to hear appeals from the King's Bench.
 This court consisted ofall the justices ofthe Common
Pleas and the Barons of Exchequer who were ser
jeants. At least six judges were necessary to render a
judgment.
"Parliament was only occasionally summoned in the six
teenth century; and as Parliament was the only court which
could amend errors of the King's Bench, the want of a court
which could hold regular sessions was much felt. To supply
this want a new court of Exchequer Chamber was created in
1585 for the purpose of amending the errors of the King's Bench." 1 William Holdsworth, A History of English Law
244 (7th ed. 1956).
4. A court charged with hearing appeals from the com
mon-law courts of record . This court was created in
1830 by combining the courts created by the statutes of
1357 and 1585. Appeals from one common-law court
were heard by judges from the other two courts.
"This complicated system ofappellate courts was abolished
in 1830, when a new Court of Exchequer Chamber was set
up as the court of error from each of the three common law
courts. It was composed of the judges of the two common
law courts other than those of the court appealed from. At
the same time the right of the King's Bench to hear error
from the Common Pleas was abolished. From the judgment
of this new court a further appeal still lay to the House of
Lords. This court was thus, until the Judicature Act, 1873,
a court of intermediate appeals. Its jurisdiction after the
Judicature Act passed to the Court of Appeal which was
then created." W.J.V. Windeyer, Lectures on Legal History
144 (2d ed. 1949).
Court ofFaculties. Eccles. law. An archbishop's tribunal
that grants special dispensations (such as a marriage
license) and decides questions relating to monuments
and mortuary matters. See MASTER OF THE FACUL
TIES.
Court of Federal Claims, U.S. See UNITED STATES
COURT OF FEDERAL CLAIMS.
court officer. See OFFICER OF THE COURT.
court offinal appeal. See COURT.
court of first instance. See trial court under COURT.
court ofgeueral jurisdiction. See COURT.
Court of General Quarter Sessions of the Peace. Hist.
1. English law. A court of criminal jurisdiction held
in each county (or borough) once in every quarter of
a year.  The court was made up of a county's justices
ofthe peace. It committed certain cases to the Assizes.
Quarter Sessions were abolished in 1971, with most
jurisdiction transferred to the Crown Court. Often
shortened to Quarter Sessions; Sessions.
"The court of general quarter sessions of the peace is a
court that must be held in every county, once in every
quarter of a year .... It is held before two or more justices
of the peace, one of which must be of the quorum. The
jurisdiction of this court, by statute 34 Edw. III. c. I. extends
to the trying and determining all felonies and trespasses
whatsoever, though they seldom, if ever, try any greater
offence than small felonies within the benefit ofclergy ...."
4 William Blackstone, Commentaries on the Laws ofEngland
268 (1769).
2. A court held in some states four times a year with
jurisdiction over misdemeanors and occasionally tasks
of an administrative nature, such as the care of public
roads and bridges. -Often shortened to Quarter
Sessions Court. Also termed Court of Quarter
Sessions ofthe Peace.
Court of Great Sessions in Wales. Hist. A common-law
court established in 1543 in Wales with jurisdiction
equivalent to that of the English assizes . 1he Court
of Great Sessions was bound to follow English law, but
not necessarily English case precedent. Also termed
King's Great Sessions in Wales.

416 Court of High Commission
'There was no outcry when, in 1536, 'the sinister usages
and customs' of the Welsh were abrogated and Welsh
subjects were granted the same laws and liberties as
the English .. , . A new system of courts, called the Great
Sessions in Wales, was set up. The courts were to sit twice
a year in four circuits, each comprising three counties, and
to each circuit were appointed justices 'learned in the laws
of this realm'. These courts operated alongside the English
courts, and they had the same jurisdiction in Wales as the
King's Bench and Common Pleas had in England .... In
1830 the Great Sessions were abolished, and by complete
procedural assimilation England and Wales became at las!
one unified jurisdiction, two extra circuits being added to
the English aSSize system." J.H. Baker, An Introduction to
English Legal History 37-38 (3d ed. 1990).
Court of High Commission. Hist. Eccles. law. A tribunal
responsible for inquiring into religiOUS offenses such
as the holding ofheretical opinions, and absence from
church. Functioning as a court, the High Commis
sion also prosecuted violations of the Acts of Suprem
acy and Uniformity (1559), the statutes that gave the
Crown supreme power over the Church of England. The
Commission's broad powers and use of civil-law proce
dures in wavs counter to the common law (such as com
pelling suspects to testify against themselves) sparked
opposition to its existence. Its close relationship with
the Court ofStar Chamber hastened its demise (along
with the Star Chamber) in 1641. -Also termed High
Commission Court.
"[T1he court of the king's high commission in causes eccle
siastical .. _ was intended to vindicate the dignity and
peace of the churCh, by reforming, ordering, and correct
ing the ecclesiastical state and persons, and all manner of
errors, hereSies, schisms, abuses, offences, contempts,
and enormities. Under the shelter of which very general
words, means were found in that and the two succeeding
reigns, to vest in the high commissioners extraordinary
and almost despotic powers, of fining and imprisoning;
which they exerted much beyond the degree of the offence
itself, and frequently over offences by no means of spiritual
cognizance. For these reasons this court was justly abol
ished by Statute 16 Car. I, c. 11. And the weak and illegal
attempt that was made to revive it, during the reign of King
James the second, served only to hasten that infatuated
prince's ruin." 3 William Blackstone, Commentaries on the
Laws ofEngland 67-68 (1768).
Court of Honor. Hist. 1. English law. A feudal court of
the manor. 2. English law. A court with jurisdiction to
hear complaints concerning either affronts to honor
or encroachments in precedence rights, heraldry, or
coat-armor. 3. A tribunal of army officers convened
to review and punish any dereliction from a code of
honor.
Court of Hustings (h<ls-tingz). Hist. 1. English law.
A local court with jurisdiction over real and mixed
actions, held in the Guildhall of London before the
Recorder, the Lord Mayor, and Sheriff (the latter two
officials serving as honorary judges) . This court dates
from before the Conquest. 2. Formerly, a local court in
Virginia. -Also termed curia burgi. See HUSTING.
court of impeachment. See COURT FOR THE TRIAL OF
IMPEACHMENTS.
court ofinquiry. See COURT.
court of instance. See trial court under COURT. Court ofInternational Trade, U.S. See UNITED STATES
COURT OF INTERNATIONAL TRADE.
Court of Justice Seat. See COURT OF THE CHIEF JUSTICE
IN EYRE.
Court of Justiciary, High. See HIGH COURT OF JUSTI
CIARY.
Court of King's Bench. See KINe'S BENCH.
court oflast resort. See COURT.
court oflaw. See COURT.
court of limited jurisdiction. See COURT.
Court of Magistrates and Freeholders. Hist. A South
Carolina court with criminal jurisdiction over alleged
offenses committed by slaves and free persons of
color.
Court of Military Appeals. See UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES.
Court of Military Review. See COURT OF CRIMINAL
APPEALS (1).
court of nisi prius. See NISI PRIUS.
Court ofthe Official Principal. See COURT OF ARCHES.
court ofordinary. See probate court under COURT.
court of original jurisdiction. See COURT.
Court ofOrphans. Hist. In Maryland and Pennsylvania,
a court that exercised probate jurisdiction.
Court of Oyer and Terminer (oY-<1r an[d] t<lr-ma-nar).
(l7c) 1. Hist. An assize court commissioned by the
Crown to pass through the counties two or more times
a year and hear felonies and treason cases . The judges
sat by virtue of several commissions, each of which,
strictly speaking, created a separate and distinct court.
A judge with an oyer and terminer commission, for
example, was allowed to hear only cases of felony and
treason; he could not try persons charged with other
criminal offenses. But if the judge also carried a com
mission ofgaol delivery (as most did), he could try all
prisoners held in gaol for any offense; in this way most
Courts ofOyer and Terminer gathered full criminal
jurisdiction. The jurisdiction of the assize courts was
taken over by the Crown Court in 1971. See ASSIZE (1);
COMMISSION OF OYER AND TERMINER; COMMISSION OF
GAOL DEl.IVERY. 2. In some states, a court of higher
criminal jurisdiction.
Court of Oyer and Terminer and General Gaol
Delivery. Hist. 1. A court that carries the commissions
of oyer and terminer and gaol delivery. See COMMIS
SION OF OYER AND TERMINER; COMMISSION OF GAOL
DELIVERY. 2. In Pennsylvania, a court of criminal juris
diction.
Court of Peculiars. Hist. Eccles. law. A branch of the
Court ofArches that had jurisdiction over the provin
cial parishes of Canterbury that were exempt from the
jurisdiction of the diocesan bishop and responsible to
the metropolitan only . The Court of Peculiars was
abolished in the 19th century. See COURT OF ARCHES;
PECULIAR.

417
court of petty sessions. See magistrate's court under
COURT.
court of piepowder. See PIEPOWDER COURT.
Court of Pleas. Hist. A court of the county palatine of
Durham, England having a local common-law jurisdic
tion. It was abolished in 1873, and its jurisdiction was
transferred to the High Court. Also termed Court
ofPleas ofDurham.
Court of Policies of Insurance. Hist. A court that
determines in a summary way insurance-policy issues
arising between merchants . The Court's jurisdiction
extended only to London, and


a summary way insurance-policy issues
arising between merchants . The Court's jurisdiction
extended only to London, and appeal was taken to the
Court ofChancery. The Court was abolished in 1863.
Also termed Court of Policies ofAssurance.
Court ofPrivate Land Claims. Hist. A federal court
in existence from 1891 to 1895 with jurisdiction
to hear private parties' claims to public-domain land
located in the southwestern part of the United States
and deriving from Spanish or Mexican grants.
Court of Probate. 1. Hist. A court established in 1857
to receive the testamentary jurisdiction formerly
held by the ecclesiastical courts. e In 1873 the Court
was merged into the High Court ofJustice, where its
jurisdiction was exercised by the Probate Divorce and
Admiralty (now Family) Division. 2. See probate court
under COURT.
Court of Quarter Sessions ofthe Peace. See COURT OF
GENERAL QUARTER SESSIONS OF THE PEACE.
Court of Queen's Bench. See BENCH.
court ofrecord. See COURT.
Court of Regard. Hist. A forest court responsible for
looking into matters of waste and encroachment onto
forest land (Le., purpresture). eThe Court also ensured
that the feet of all mastiffs a breed allowed in royal
forests as guard dogs within the forest were declawed
and cut so as to prevent them from chaSing deer.
Court of Requests. Rist. A royal court whose jurisdic
tion was mainly civil, though it exercised quasi-crim
inal jurisdiction in offenses such as riot and forgery.
 Dating from 1483, the Court of Requests was a part
of the Privy Council. It was disbanded in 1641 when
Parliament limited the Privy Council's judicial func
tions.
''The establishment of the court of Requests was due to
the large increase in the judicial business of the Council
and the Chancery under the Tudors .... It was related both
to the judicial side of the Council, which, as we shall see.
came, in the course of the Tudor period, to be known as the
court of Star Chamber, and to the court of Chancery ....
[FJrom the end of Henry VIII's reign onwards, the legal
assessors of the court assumed entire control, with the
result that it became a court which was quite separate
from the court of Star Chamber. These legal assessors were
styled Masters of Requests, and from their title the court
got its name." 1 William Holdsworth, A History of English
Law 412-13 (7th ed. 1956).
court of review. See appellate court under COURT.
Court ofSession. 1. Scots law. 1he supreme Scottish civil
court.  Its jurisdiction corresponds generally to the Court of the Lord High Steward
English High Court ofJustice. The Court of Session is
divided into Outer House and Inner House. In Outer
House, one judge hears cases of first instance. The
Outer House's jurisdiction corresponds generally to
the English High Court ofJustice. The Outer House has
two appellate chambers, the First and Second Division,
in which three-judge panels sit. The Inner House's juris
diction corresponds generally to the English Court of
Appeal. The Court of Session also has several Lords
Ordinary, who sit individually as trial judges. Also
termed Supreme Civil Court in Scotland. 2. In a few
states, a court with jurisdiction over criminal cases.
Court ofShepway. Hist. The Court ofthe Lord Warden
ofthe Cinque Ports, exercising civil jurisdiction . The
civil jurisdiction of the Cinque Ports was abolished in
1855. See CINQUE PORTS.
court of special jurisdiction. See limited court under
COURT.
court ofspecial session. See COURT.
Court ofStar Chamber. See STAR CHAMBER (1).
court ofsummary jurisdiction. See magistrate's court
under COURT.
Court ofSwain mote. See COURT OF SWEINMOTE.
Court of Sweinmote (swayn-moht). Hist. A medieval
forest court with jurisdiction over a variety ofmatters,
esp. the right to graze animals during the summer when
deer were fawning . The forest freeholders (the sweins)
made up the jury of the Court. By the 14th century, the
Court's jurisdiction had expanded, and it acquired a
form similar to the eyre courts. Also spelled Court
ofSwainmote.
Court ofTeinds. See TEIND COURT.
Court of the Chief Justice in Eyre (air). Hist. An eyre
court responsible for trying offenses against the forest
laws. The jurisdiction of this Court was similar to
that ofthe Court ofSweinmote. Also termed Court
ofJustice Seat.
Court ofthe Earl Marshal. 1. COURT OF THE LORD HIGH
CONSTABLE AND EARL MARSHAL. 2. HIGH COURT OF
CHIVALRY .
Court ofthe Lord High Admiral. See HIGH COURT OF
ADMIRALTY.
Court ofthe Lord High Constable and Earl Marshal.
Hist. A court having jurisdiction over diverse military
matters, such as treason, prisoners ofwar, and disputed
coats ofarms. The Lord High Constable and the Earl
Marshal were the top military officials ofthe Norman
kings. After the office ofLord High Constable was for
feited in 1521, the court continued on as the Court ofthe
Earl Marshal, but its jurisdiction was reduced to ques
tions ofchivalry only. Cf. HIGH COURT OF CHIVALRY.
Court of the Lord High Steward. Hist. A court com
missioned to try a peer indicted for treason or a felony.
 The Court met only if the House of Lords was not
in session. The Lord High Steward sat as a judge and
decided questions oflaw, and the peers decided facts
only. The Court last sat in 1688.

418 Court of the Lord High Steward of the Universities
Court of the Lord High Steward of the Universities.
Hist. A court convened to try scholars, esp. Oxford
or Cambridge students, who have been indicted for
treason, felony, or mayhem.
Court ofthe Marshalsea (mahr-shdl-see). Hist. A court
that moved about with the king, and had jurisdiction
over certain cases arising within 12 miles of the king's
residence tan area known as the verge). _ The Court's
steward and marshal acted as judges of the Court, and
heard criminal cases and the common pleas of debt,
covenant, and certain trespasses. The court's migra
tory nature made it inconvenient for litigants, and
prompted its abolition in 1849. -Also termed Court
ofthe Steward and Marshal. Cf. PALACE COURT.
"Coke points out that all the Acts passed concerning this
court restrained, or explained, but never added to its juris
diction. He decided, in the Case of the Marsha/sea, that it
could not try the newer forms of action such as assumpsit
and trover. Its once general jurisdiction had passed to the
court of King's Bench, and the attitude of that court to the
more limited court of the Marshalsea made the court of the
Marshalsea almost useless. There were complaints in the
seventeenth century of the conduct of its officials; and, as
it was obliged to follow the king in his progresses, it was
a court extremely inconvenient to use." 1 William Holds
worth, A History ofEnglish Law 208 (7th ed. 1956).
Court ofthe Official Principal. See COURT OF ARCHES.
Court ofthe Steward and Marshal. See COURT OF THE
MARSHALSEA.
Court ofthe Steward ofthe King's Household. Hist. A
court having jurisdiction over criminal cases involv
ing a member of the royal household. -This court's
jurisdiction was at first limited to acts of violence by the
king's servants toward a member ofthe king's council,
but it was later given broader criminal authority. The
Court was abolished in 1828.
Court of Verge. 1. See VERGE (1). 2. See VERGE (2).
Court of Veterans Appeals, U.S. See UNITED STATES
COURT OF VETERANS APPEALS.
Court of Wards and Liveries. Hist. A court created
in 1540 to assert the Crown's right to income from a
variety of feudal tenures . The Court's unpopularity
led to its abolition in 1660.
"[I]nquests of office were more frequently in practice than
at present, during the continuance of the military tenures
among us: when, upon the death of everyone of the king's
tenants, an inquest of office was held, called an inquisitio
post mortem, to enquire of what lands he died seised, who
was his heir, and of what age, in order to entitle the king
to his marriage, wardship, relief, primer-seisin, or other
advantages, as the circumstances of the case might turn
out. To superintend and regulate these enquiries, the court
of wards and liveries was instituted by statute 32 Hen. VIII
c. 46 which was abolished at the restoration of king Charles
the second, together with the oppressive tenures upon
which it was founded." 3 William Blackstone, Commentaries
on the Laws ofEng/and 258 (1768).
courtoisie internationale. See COMITY.
court order. See ORDER (2).
court-ordered arbitration. Seejudicial arbitration under
ARBITRATION. court-packing plan. A unsuccessful proposal- made in
1937 by President Franklin D. Roosevelt -to increase
the number of U.S. Supreme Court justices from nine to
fifteen. -'The ostensible purpose ofthe proposal was to
increase the court's efficiency, but President Roosevelt
wanted to appoint justices who would not block his
administration's New Deal programs.
court papers. (l7c) All documents that a party files with
the court, including pleadings, motions, notices, and
the like. Often shortened to papers. -Also termed
suit papers.
court probation. See bench probation under PROBA
TION.
court recorder. See RECORDER.
court reporter. (1894) 1. A person who records testi
mony, stenographically or by electronic or other means,
and when requested, prepares a transcript <the deposi
tion could not start until the court reporter arrived>.
Also termed (in BrE) official shorthand writer. Cf. court
recorder under RECORDER. [Cases; Courts C=>57; Trial
C.~23.]2. REPORTER OF DECISIONS.
court roll. Hist. A record of a manor's tenures; esp., a
record of the terms by which the various tenants held
their estates. -Copyhold tenure, for example, devel
oped from the practice of maintaining court rolls. See
COPYHOLD.
courtroom. The part of a courthouse where trials
and hearings take place. Cf. judge's chamber under
CHAMBER. [Cases; Courts C-=72.]
courtroom deputy. See DEPUTY.
courtroom privilege. See judicial privilege under PRIVI
LEGE (1).
court rules. (17c) Regulations having the force of law
and governing practice and procedure in the various
courts, such as the Federal Rules of Civil Procedure, the
Federal Rules of Criminal Procedure, the U.S. Supreme
Court Rules, and the Federal Rules of Evidence, as well
as any local rules that a court promulgates. -Also
termed rules ofcourt. [Cases; Courts C=>78-85; Federal
Civil Procedure C=>21.]
courts ofthe franchise. See FRANCHISE COURT.
court system. The network ofcourts in a jurisdiction.
court trial. See bench trial under TRIAL.
court witness. See WITNESS.
cousin. 1. A child ofone's aunt or uncle. -Also termed
first cousin;full cousin; cousin-german. 2. A relative
descended from one's ancestor (such as a grandpar
ent) by two or more steps in a diverging line. 3. Any
distant relative by blood or marriage; a kinsman or
kinswoman.
cousin-german. A first cousin; a child of a full sibling
ofone's mother or father. See GERMAN.
cousin-in-law. 1. The husband or wife ofone's cousin.
2. A cousin of one's husband or one's wife.

419
cousin once removed. 1. A child of one's cousin. 2. A
cousin ofone's parent.
cousin twice removed. 1. A grandchild ofone's cousin.
2. A cousin of one's grandparent.
first cousin. See COUSIN (I).
second cousin. A person related to another by descend
ing from the same great-grandfather or great-grand
mother.
third cousin. A person related to another by descend
ing from the same great-great-grandfather or great
great-grandmother.
covenant (k;>v-a-nant), n. (14c) 1. A formal agreement
or promise, usu. in a contract or deed, to do or not do
a particular act.
absolute covenant. (17c) A covenant that is not quali
fied or limited by any condition. Cf. conditional
covenant.
affirmative covenant. A covenant that obligates a
party to do some act; esp., an agreement that real
property will be used in a certain way . An affirma
tive covenant is more than a restriction on the use of
property. For the real-property sense, see affirmative
covenant under COVENANT (4). Cf. negative covenant.
[Cases: Covenants (;::::)49, 69.]
assertory covenant (..-sar-t ..-ree). One that affirma
tively states certain facts; an affirming promise under
seal.
auxiliary covenant (awg-zil-Yd-ree). A covenant that
does not relate directly to the primary subject of the
agreement, but to something connected to it. Cf. prin
cipal covenant.
collateral covenant (k.J-!at-.J-f.JI). A covenant entered
into in connection with the grant ofsomething, but
that does not relate immediately to the thing granted


.JI). A covenant entered
into in connection with the grant ofsomething, but
that does not relate immediately to the thing granted;
esp., a covenant in a deed or other sealed instrument
not pertaining to the conveyed property. Cf. inherent
covenant.
concurrent covenant. (1819) A covenant that reqUires
performance by one party at the same time as anoth
er's performance.
conditional covenant. (17c) A covenant that is qualified
by a condition. Cf. absolute covenant.
continuing covenant. A covenant that requires the suc
cessive performance ofacts, such as an agreement to
pay rent in installments.
covenant in deed. See express covenant.
covenant in law. See implied covenant.
covenant not to compete. See noncompetition cove
nant.
covenant not to execute. A covenant in which a party
who has won a judgment agrees not to enforce it.
'Ihis covenant is most common in insurance law.
[Cases: Insurance (;::::>3367; Release (;::::>37.]
covenant not to sue. (l8c) A covenant in which a party
having a right of action agrees not to assert that covenant
right in litigation. -Also termed contract not to sue.
[Cases: Release 37.]
"A covenant not to sue is a promise by the creditor not
to sue either permanently or for a limited period. If the
promise is one never to sue It operates as a discharge just
as does a release. The theory is that should the creditor sue
despite his promise not to. the debtor has a counterclaim
for damages for breach of the creditor's covenant not to
sue which is equal to and cancels the original claim .... If
the covenant is not to sue for a limited time, the modern
view is that the covenant may be raised as an affirmative
defense to any action brought in violation of the covenant."
John D. Calamari &Joseph M. Perillo, The Law ofContracts
 2111, 878-79 (3d ed. 1987).
dependent covenant. A covenant that imposes a duty
that depends on the other party's prior performance.
 Until the performance, the other party does not
have to perform. Cf. concurrent covenant; indepen
dent covenarlt.
executed covenant. A covenant that has been fully per
formed.
executory covenant (eg-zek-ya-tor-ee). A covenant that
remains unperformed in whole or in part.
express covenant. (17c) A covenant created by the words
of the parties. Also termed covenant in deed. Cf.
implied covenant.
implied covenant. (17c) A covenant that can be inferred
from the whole agreement and the conduct of the
parties. Also termed covenant in law. See implied
term under TERM (2). Cf. express covenant.
implied covenant ofgood faith andfair dealing. (1924)
An implied covenant to cooperate with the other party
to an agreement so that both parties may obtain the
full benefits ofthe agreement; an implied covenant to
refrain from any act that would injure a contracting
party's right to receive the benefit of the contract .
Breach ofthis covenant is often termed bad faith. See
BAD FAITH (2). [Cases: Contracts 168.]
implied negative covenant. (1890) A covenant binding
a grantor not to permit use of any reserved right in
a manner that might destroy the benefits that would
otherwise inure to the grantee.
independent covenant. A covenant that imposes a duty
that does not depend on the other party's prior per
formance. Cf. dependent covenant.
inherent covenant. A covenant that relates directly to
land, such as a covenant of quiet enjoyment. Cf. col
lateral covenant.
intransitive covenant. A covenant whose performance
does not pass from the original covenantor to the cov
enantor's representatives. Cf. transitive covenant.
joint covenant. A covenant that binds two or more cov
enantors together. Cf. several covenant.
negative covenant. (I8c) A covenant that requires a
party to refrain from doing something; esp., in a real
estate financing transaction, the borrower's promise
to the lender not to encumber Of transfer the real
estate as long as the loan remains unpaid. Cf. affir
mative covenant.

covenant 420
noncompetition covenant. A promise, usu. in a sale
of-business, partnership, or employment contract,
not to engage in the same type ofbusiness for a stated
time in the same market as the buyer, partner, or
employer. Noncompetition covenants are valid to
protect business goodwill in the sale of a company.
In other contexts, they are generally disfavored as
restraints of trade: courts generally enforce them
for the duration of the business relationship, but
provisions that extend beyond the termination of
that relationship must be reasonable in scope, time,
and territory. Also termed noncompetition agree
ment; noncompete covenant; covenant not to compete;
restriCtive covenant; promise not to compete; contract
not to compete. [Cases: Contracts C=> 115.]
positive covenant. A covenant that requires a party to
do something (such as to erect a tence within a speci
fied time).
principal covenant. A covenant that relates directly to
the principal matter of an agreement. Cf. auxiliary
covenant.
protection covenant. See PROTECTION COVENANT.
restrictive covenant. See noncompetition covenant. (For
the real-property sense, see restrictive covenant under
COVENANT (4).)
several covenant. A covenant that binds two or more
covenantors separately. Also termed separate
covenant. Cf. joint covenant.
transitive covenant. A covenant whose duty ofperfor
mance passes from the original covenantor to the cov
enantor's representatives. Cf. intransitive covenant.
2. TREATY. 3. A common-law action to recover damages
for breach of contract under seal. 4. A promise made in
a deed or implied by law; esp., an obligation in a deed
burdening or favoring a landowner. See contract under
seal under CONTRACT. [Cases: Covenants C=> 1-84.]
covenantal, adj.
"A covenant is properly defined as a promise made in deed,
although in practice the term is used rather more loosely to
mean simply an obligation affecting a landowner whether
created by deed or not." Peter Butt, Land Law 334-35 (2d
ed. 1988).
"In their nature, covenants are first cousins to easements
appurtenant. The burdened land corresponds to a servient
tenement, the benefitted land, to a dom inant tenement,
In concept, the main difference between easements and
covenants is that, whereas an easement allows its holder to
go upon and to do something upon the servient tenement,
the beneficiary of a covenant may not enter the burdened
land, but may require the owner of that land to do, Of
more likely not to do, something on that land," Roger A.
Cunningham et aI., The Law of Property  8.13, at 467 (2d
ed. 1993).
affirmative covenant. An agreement that real property
will be used in a certain way. An affirmative
covenant is more than a restriction on the use of
property. It requires the owner to undertake certain
acts on the property. For a more general definition of
this term, see affirmative covenant under COVENANT
(1). covenant against encumbrances. (1807) A grantor's
promise that the property has no visible or invis
ible encumbrances . In a special warranty deed,
the covenant is limited to encumbrances made by
the grantor. Also termed general covenant against
encumbrances. Cf. special covenant against encum
brances. [Cases: Covenants 64.]
covenant appurtenant (;J-par-t;J-n;mt). (1899) A
covenant that is connected with the grantor's land; a
covenant running with the land. Cf. covenant in gross.
[Cases: Covenants C=:.J53-70.J
covenant for further assurances. (18c) A covenant to
do whatever is reasonably necessary to perfect the title
conveyed if it turns out to be imperfect. See further
assurance under ASSURANCE. [Cases: Covenants
44, 66.J
covenant for possession. A covenant giving a grantee
or lessee possession ofland.
covenant for quiet enjoyment. (17c) 1. A covenant
insuring against the consequences of a defective title
or any other disturbance of the title. [Cases: Cov
enants 65.] 2. A covenant ensuring that the
tenant will not be evicted or disturbed by the grantor
or a person having a lien or superior title . This
covenant is sometimes treated as being synonymous
with covenant ofwarranty. Also termed covenant
ofquiet enjoyment.
covenant for title. (I8c) A covenant that binds the
grantor to ensure the completeness, security, and
continuance of the title transferred . This covenant
usu. includes the covenants for seisin, against encum
brances, for the right to convey, for quiet enjoyment,
and of warranty. [Cases: Covenants C::>38-48,
62-67.]
covenant in gross. (17c) A covenant that does not run
with the land. Cf. covenant appurtenant.
covenant ofgood right to convey. See covenant of
seisin.
covenant ofhabitability (hab-;J-t;)-bil-;J-tee). See implied
warranty ofhabitability under WARRANTY (2).
covenant ofnonclaim. (1848) A covenant barring a
grantor or the grantor's heirs from claiming title in
the conveyed land.
covenant ofquiet enjoyment. See covenant for quiet
enjoyment.
covenant ofseisin (see-zin). (ISc) A covenant, usu.
appearing in a warranty deed, stating that the grantor
has an estate, or the right to convey an estate, of the
quality and size that the grantor purports to convey.
 For the covenant to be valid, the grantor must have
both title and possession at the time of the grant.
Also termed covenant ofgood right to convey; right-to
convey covenant. [Cases: Covenants C=>40, 62.]
covenant ofwarranty. (ISc) A covenant by which the
grantor agrees to defend the grantee against any lawful
or reasonable claim of superior title by a third party
and to indemnify the grantee for any loss sustained

~21
by the claim. This covenant is sometimes treated
as being synonymous with covenant for quiet enjoy
ment. The covenant is not breached if the grantor fails
to defend the grantee against an invalid claim. See
WARRANTY (1). [Cases: Covenants ~46-48, 67.]
covenant running with the land. (l8c) A covenant
intimately and inherently involved with the land and
therefore binding subsequent owners and successor
grantees indefinitely. -Also termed real covenant.
[Cases: Covenants C=53-70.J
"The important consequence of a covenant running with the
land is that its burden or benefit will thereby be imposed
or conferred upon a subsequent owner of the property
who never actually agreed to it. Running covenants thereby
achieve the transfer of duties and rights in a way not per
mitted by traditional contract law." Roger Bernhardt, Real
Property in a Nutshell 212 (3d ed. 1993).
covenant running with the title. 1. A covenant that
relates to the land but has a specific or reasonably
determinable expiration time. 2. See covenant running
with the land.
covenant to convey. A covenant in which the cove
nantor agrees to transfer an estate's title to the cov
enantee.
covenant to renew. An executory contract that gives a
lessee the right to renew the lease.
covenant to stand seised (seezd). Archaic. A covenant
to convey land to a relative . This covenant could not
be used to convey land to a stranger; the only consid
eration that supports the covenant is the relationship
by blood or marriage. [Cases: Deeds C::c24.]
future covenant. A covenant that can be breached only
upon interference with the possession ofthe grantee
or the grantee's successors . The covenants in this
class are the covenant for further assurances, the
covenant for quiet enjoyment, and the covenant of
warranty. The distinction between future and present
covenants becomes important in determining when
the statute of limitations begins to run. Cf. present
covenant.
general covenant against encumbrances. See covenant
against encumbrances.
implied reciprocal covenant. A presumption that a
promisee has, in return for a promise made respect
ing land, impliedly made a promise to the promisor
respecting other land. Also termed implied recip
rocal servitude.
personal covenant. A covenant that creates a personal
right or obligation enforceable only between the cov
enanting parties and that is not binding on the heirs
or assigns of the parties. Cf. covenant running with
the land. [Cases: Covenants ~1.]
present covenant. A covenant that can be breached
only at the time ofconveyance . 1he three covenants
in this class are the covenant against encumbrances,
the covenant of right to convey, and the covenant of
seisin. Cf. future covenant.
protection covenant. See PROTE


, and the covenant of
seisin. Cf. future covenant.
protection covenant. See PROTECTION COVENANT. coventurer
real covenant. See covenant running with the land.
restrictive covenant. (1811) 1. A private agreement,
usu. in a deed or lease, that restricts the use or occu
pancy of real property, esp. by specifying lot sizes,
building lines, architectural styles, and the uses to
which the property may be put. Some restrictive
covenants, such as race-based restrictions on trans
fers, are unenforceable but do not necessarily void the
deed. Also termed restrictive covenant in equity;
equitable easement; equitable servitude. [Cases: Cov
enants 69.]2. See noncompetition covenant
under COVENANT (1).
right-to-convey covenant. See covenant ofseisin.
special covenant against encumbrances. (1860) A
grantor's promise that the property is free ofencum
brances created by the grantor only, not the grantor's
predecessors. See special warranty deed under DEED.
Cf. covenant against encumbrances. [Cases: Covenants
~42,64.1
covenant, vb. (14c) To promise Of undertake in a
covenant; to agree formally.
covenantee (bv-<l-n<ln-tee). (17c) The person to whom a
promise by covenant is made; one entitled to the benefit
of a covenant.
covenanter. See COVENANTOR.
covenant marriage. See MARRIAGE (1).
covenant ofgood right to convey. See covenant ofseisin
under COVENANT (4).
covenant of seisin. See COVENANT (4).
covenantor (kav-<l-n<ln-t<lf or k<lv-<l-n,m-tor). (17c)
The person who makes a promise by covenant; one
subject to the burden of a covenant. -Also spelled
covenanter.
covenant rnnning with the land. See COVENANT (4).
covenant to protect against drainage. See PROTECTION
COVENANT.
Coventry Act (kav-an-tree or kov-). Hist. An 1803
English statute establishing the death penalty for
anyone who, with malice aforethought, did "cut out or
disable the tongue, put out an eye, slit the nose, cut off
a nose or lip, or cut off or disable any limb or member
ofany subject; with the intention in so doing to maim
or disfigure him."
"[At common law,] an injury such as cutting off [a man's]
ear or nose did not constitute mayhem ... , because it
did not result in permanent disablement, but merely dis
figured the victim. This was corrected by an early English
statute. It seems that an assault was made upon Sir John
Coventry on the street by persons who waylaid him and slit
his nose in revenge for obnoxious words uttered by him in
Parliament. This emphasized the weakness of the law of
mayhem, and the so-called 'Coventry Act' was passed [in
1803]." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
239-40 (3d ed. 1982).
coventurer (koh-ven-ch;Jr-;Jr). (1913) A person who
undertakes a joint venture with one or more persons.
Also termed co-adventurer. Cf. JOINT VENTURE. lCases:
Joint Adventures

cover, n. The purchase on the open market, by the buyer
in a breach-of-contract dispute, of goods to substitute
for those promised but never delivered by the seller.
Under VCC  2-712, the buyer can recover from the
seller the difference between the cost ofthe substituted
goods and the original contract price. [Cases: Sales
418(7).]
coverage, n. (1912) 1. Inclusion ofa risk under an insur
ance policy; the risks within the scope ofan insurance
policy. [Cases: Insurance (::::;>2091.] -cover, vb.
dependent coverage. An insurance provision for pro
tection ofan insured's dependents.
full coverage. I nsurance protection that pays for the
full amount ofa loss with no deduction.
2. The ratio between corporate pretax income and cor
porate liability for bond interest payments.
coverage opinion. See OPINION (2).
coverage ratio. (1975) A measurement ofa firm's ability
to cover its financing charges.
cover-all clause. See MOTHER HUBBARD CLAUSE (2).
cover-baron. See COVERT BARON.
covered-interest arbitrage. See ARBITRAGE.
covered wages. See WAGE.
cover letter. See TRANSMITTAL LETTER.
cover note. A written statement by an insurance agent
confirming that coverage is in effect.  The cover note
is distinguished from a binder, which is prepared by
the insurance company.
covert baron (kav-art bar-;m). [Law French] Hist. The
condition or status of a married woman at common
law. Also written cover-baron. -Also termed covert
de baron.
"By marriage, the husband and Wife are one person in law:
that is, the very being or legal existence of the woman is
suspended during the marriage, or at least is incorporated
and consolidated into that of the husband: under whose
wing, protection, and cover, she performs every thing; and
is therefore called in our law-french a femecovert; is said
to be covert baron, or under the protection and influence of
her husband, her baron, or lord; and her condition during
her marriage is called her coverture." 1 William Blackstone,
Commentaries on the Laws of England 430 (1765).
covert-entry search warrant. See SEARCH WARRANT.
coverture (kav-ar-char also -tyoor), n. Archaic. The
condition ofbeing a married woman <under former
law, a woman under coverture was allowed to sue only
through the personality of her husband>. See feme
covert under FEME. [Cases: Husband and Wife (::::;>
-covert (k"v-art), adj.
"Coverture, is a french word signifying any thing that
covereth, as apparel!. a coverlet .... It is particularly
applied in our common lawe, to the estate and condition
of a maried woman, who by the lawes of our realme, is in
(potestate viri) and therefore disabled to contract with any,
to the preiudice of her selfe or her husband, without his
consent and privity: or at the least, without his allowance
and confirmation." John Cowell, The Interpreter (1607).
"Coverture is by law applied to the state and condition of a
married woman, who is sub potestati viri, (under the power of her husband) and therefore unable to contract with any
to the damage of herself or husband, without his consent
and privity, or his allowance and confirmation thereof.
When a woman is married she is called a Femme couvert,
and whatever is done concerning her during marriage is
said to be done during coverture." The Pocket Lawyer and
Family Conveyancer 96 (3d ed. 1833).
cover-up, n. Concealment ofwrongdOing, esp. by a con
spiracy of deception, nondisclosure, and destruction
ofeVidence, usu. combined with a refusal to cooperate
with investigators . A cover-up often involves obstruc
tion ofjustice. cover up, vb.
covin (kav-.m). Hist. A secret conspiracy or agreement
between two or more persons to injure or defraud
another. -Also spelled covine.
"Covin is a secret assent determined in the hearts of two or
more, to the prejudice of another: As if a tenant for term
of life, or tenant in tail, will secretly conspire with another,
that the other shall recover against the tenant for life the
land which he holds, &c. in prejudice of him in the rever
sion." Termes de la Ley 129 (lst Am. ed. 1812).
covinous (kaV-<'l-ildS), ad;. Hist. Ofa deceitful or fraudu
lent nature.
cozen (k<lz-an), vb. Hist. To cheat or defraud. Also
spelled cosen.
cozening (kaz-;m-ing). Hist. A deceitful practice; the
offense of cheating, or fraudulent dealing. Also
spelled cosening. Cf. STELLIONATUS.
"Cosening is an offence unnamed, whereby any thing is
done guilefully in or out of contracts, which cannot be fitly
termed by any special! name. It is called stellionatus in the
civile law ...." John Cowell, The Interpreter(1607).
C.P. abbr. COURT OF COMMON PLEAS.
CPA. abbr. 1. See certified public accountant under
ACCOUNTANT. 2. See continued-prosecution applica
tion under PATENT APPLICATION.
Cpc. abbr. Certificate of probable cause. See CERTIFI
CATE OF APPEALABILITY.
CPD. abbr. OFFICE OF COMMUNITY PLANNING AND
DEVELOPMENT.
CPI. abbr. CONSUMER PRICE INDEX.
CPS. abbr. CHILD PROTECTIVE SERVICES.
CPSC. abbr. CONSUMER PRODUCT SAFETY COMMIS
SION.
CPT. abbr. CARRIAGE PAID TO.
CR. abbr. CURIA REGIS.
crack. vb. Slang. 1. To open (a lock). 2. To decode
(security information); esp., to decipher or discover (a
code, a password, etc. needed to break into a computer,
network, server, or database). Cf. HACK. 3. To bypass
(an encryption or a security device, esp. one deSigned
to prevent unauthorized access, as in a cable televi
sion box, or copying, as in a DVD player). 4. To hack (a
computer, network, server, or database) with the inten
tion ofcausing damage or disruption.
cracking, n. A gerrymandering technique in which a geo
graphically concentrated political or racial group that
is large enough to constitute a district's dominant force

is broken up by district lines and dispersed through
out two or more districts. Cf. PACKING; STACKING (2).
[Cases: Elections l2(6).]
craft union. See UNION.
cramdown, n. (1954) Court confirmation of a Chapter
II bankruptcy plan despite the opposition of certain
creditors. Under the Bankruptcy Code, a court may
confirm a plan -even ifit has not been accepted by all
classes of creditors -ifthe plan (1) has been accepted
by at least one impaired class, (2) does not discrimi
nate unfairly, and (3) is fair and equitable. 11 USCA
 1129(b). [Cases: Bankruptcy C;:>3563.] -cram
down, vb:
crash-and-dash. See RAM RAID.
crashworthiness doctrine. (1969) Products liability. The
principle that the manufacturer of a product will be
held strictly liable for injuries occurring in a collision,
even if the collision results from an independent cause,
to the extent that a defect in the product causes injuries
above and beyond those that would have occurred in
the collision itself. -Also termed second-collision
doctrine; second-impact doctrine. [Cases: Products
Liability C;:>20.8.]
crassa ignorantia (kras-a ig-na-ran-shee-a). Hist. Gross
ignorance, esp. in circumstances where a person was
able to acquire knowledge and should have done so.
crassa negligentia (kras-a neg-li-jen-shee-a). [Latin]
Hist. Crass negligence; gross negligence.
"In the Civil Law: Crassa negligentia is termed magna culpa
or lata culpa, and it is in some cases deemed equivalent to
fraud or deceit .... In the Common Law: it is defined to be
the want of that care which every man of common sense,
under the circumstances, takes of his own property." Henry
C. Adams, A Juridical Glossary 510 (1886).
crastino (kras-ta-noh). [Law Latin] Hist. Tomorrow;
on the morrow. The return day of writs, so-called
because the court terms always began on a saint's day;
writs were therefore returnable the day after.
CRAT. abbr. Charitable-remainder annuity trust. See
charitable remainder annuity trust under TRUST.
creancer (kree-an-sJr). [Law French] Hist. A creditor.
Also spelled creansour.
create a blank. Parliamentary law. To amend a motion by
striking out one or more terms and replacing them with
blanks rather than different terms. See amendment by
striking out and inserting under AMENDMENT (3). This
form allows a vote on several competing proposals at
one time, rather than the usual process ofvoting sepa
rately upon each proposal. See BLANK (2).
creationism. The teaching of the biblical version of the
creation ofthe universe . The United States Supreme
Court held unconstitutional a Louisiana law that
forbade the teaching of the theory of evolution unless
biblical creation was also taught. The Court found
the law violated the Establishment Clause of the First
Amendment because it lacked a "clear secular purpose."
Edwards v. Aguillard, 482 U.S. 578, 107 S.Ct 2573 (1987). See ANTI-EVOLUTION STATUTE. [Cases: Constitutional
Law ~~,1354(2); Schools
scientific creationism. A doctrine holding that the
biblical account ofcreation is supported by scientific
evidence.
creation science. The interpretation ofscientific evidence,
arguments, and knowledge to support creationism. See
CREATIONISM.
creative sentence. See alternative sentence under
SENTENCE.
creative work. See work ofauthorship under WORK (2).
creativity. Copyright, The degree to which a work
displays imaginativeness beyond what a person ofvery
ordinary talents might create .


. Copyright, The degree to which a work
displays imaginativeness beyond what a person ofvery
ordinary talents might create . Labor and expense are
not elements of creativity; for that reason, they are not
protected by copyright. Feist Pubs. Inc. v. Rural Tel.
Servo Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). Cf. ORIG
INALITY, SWEAT-OF-THE-BROW DOCTRINE. [Cases:
Copyrights and Intellectual Property C=> 12.]
"Where creativity refers to the nature of the work itself,
originality refers to the nature of the author's contribution
to the work. Thus, a public domain painting may evince
great creativity, but if a copyright claimant adds nothing
of his own to it, by way of reproduction or otherwise, then
copyright will be denied on the basis of lack of original
ity. Conversely, a work may be entirely the product of the
claimant's independent efforts, and hence original, but
may nevertheless be denied protection as a work of art
if it is completely lacking in any modicum of creativity." 1
Melville B. Nimmer & David Nimmer, Nimmer on Copyright
 2.08[B][2], at 2-88 (Supp. 1995).
creator. See SETTLOR (i).
creature. See ANIMAL.
creature of statute. (1854) A doctrine, governmental
agency, etc. that would not exist but for a legislative
act that brought it into being.
credential. (usu. pI.) 1. A document or other evidence
that proves one's authority or expertise, 2. A testimo
nial that a person is entitled to credit or to the right to
exercise official power. 3. The letter of credence given
to an ambassador or other representative of a foreign
country. [Cases: Ambassadors and Consuls C;:>4.] 4.
Parliamentary law. Evidence of a delegate's entitle
ment to be seated and vote in a convention or other
deliberative assembly . Before the meeting begins, the
evidence usu. takes the form ofa certificate or proof of
election or appointment, which the delegate presents
to a credentials committee so that the committee can
list the delegate on its roster. During the meeting, the
evidence usu, takes the form of a badge or card that
the credentials committee issues to each delegate on
its roster. See credentials committee under COMMIT
TEE. -credential, vb.
credentials committee. See COMMITTEE.
credibility, n. (l6c) The quality that makes something
(as a witness or some evidence) worthy of belief. [Cases:
Criminal Law Evidence C;:>588.] -credible,
adj.
credible evidence. See EVIDENCE.

424 credible witness
credible witness. See WITNESS.
credit, n. (l6c) 1. Belief; trust <the jury gave credit to
Benson's version>. 2. One's ability to borrow money;
the faith in one's ability to pay debts <a customer with
good credit>. 3. The time that a seller gives the buyer to
make the payment that is due <30 days' credit>. 4. The
availability offunds either from a financial institution
or under a letter ofcredit <the bank extended a line of
credit to the customer>.
bank credit. Credit that a bank makes available to a
borrower.
consumer credit. Credit extended to an individual
to facilitate the purchase of consumer goods and
services. [Cases: Consumer Credit (;= 1.]
installment credit. Consumer credit scheduled to be
repaid in two or more payments, usu. at regular inter
vals. The seller ordinarily exacts finance charges.
non installment credit. Consumer credit arranged to
be repaid in a single payment.  Examples include
doctors' and plumbers' bills.
revolving credit. A consumer-credit arrangement that
allows the borrower to buy goods or secure loans on
a continuing basis as long as the outstanding balance
does not exceed a specified limit. -Also termed open
credit; revolving charge account. Cf. revolver loan
under LOAN. [Cases: Consumer Credit (;=34.]
5. LETTER OF CREDIT <the bank issued a credit in favor
ofthe exporter>. 6. A deduction from an amount due;
an accounting entry reflecting an addition to revenue or
net worth <confirm that the credit was properly applied
to my account>. Cf. DEBIT. 7. TAX CREDIT <the $500
credit reduced their income-tax liability by $500>.
accumulated-earnings credit. Tax. A deduction
allowed in arriving at a corporation's accumulated
taxable income . It offsets the base on which the tax
is assessed by reducing the taxable base by the greater
of$250,000 or the accumulated earnings retained for
the reasonable needs of the corporation, reduced by
the net capital gain. IRC (26 USCA)  535. See accu
mulated-earnings tax under TAX.
credit, vb. (17c) 1. To believe <the jury did not credit
this testimony>. 2. To enter (as an amount) on the
credit side of an account <the account was credited
with $500>.
creditable. 1. Worthy ofbeing believed; credible <credit
able evidence>. 2. Capable ofbeing ascribed or credited
<creditable service time>. 3. Reputable; respectable
<creditable witness>.
credit balance. Accounting. The status of an account
when the sum of the credit entries exceeds the sum of
the debit entries.
credit bureau. (1874) An organization that compiles
information on people's creditworthiness and publishes
it in the form of reports that are used chiefly by mer
chants and service-providers who deal directly with
customers. The practices of credit bureaus are regu
lated by federal (and often state) law. Most bureaus are members ofthe Associated Credit Bureaus ofAmerica.
Cf. CREDIT-REPORTING BUREAU. [Cases: Credit Report
ing Agencies 1-4.]
credit card. An identification card used to obtain items
on credit, usu. on a revolving basis. See revolving credit
under CREDIT. Cf. DEBIT CARD. [Cases: Consumer
Credit C-::8.]
credit-card cramming. 1. A credit-card issuer's practice
of charging consumers for optional goods or services
that the consumers have not agreed to payor do not
understand . For example, the credit-card crammer
may offer the consumer a free service for a limited
period without making it clear that ifthe service is not
canceled when the period ends, it will be automatically
renewed for a fee. [Cases: Consumer Credit C:;8.J 2. A
single act ofcharging a consumer's credit card without
authorization, particularly for goods or services that the
consumer did not agree to or receive. [Cases: Consumer
Credit
credit-card crime. (1970) The offense of using a credit
card to purchase something with knowledge that (1) the
card is stolen or forged, (2) the card has been revoked or
canceled, or (3) the card's use is unauthorized. [Cases:
Consumer Credit (;=20.]
credit freeze. See FREEZE.
credit insurance. See INSlJRANCE.
credit life insurance. See LIFE INSURANCE.
credit line. See LINE OF CREDIT.
credit memorandum. A document issued by a seller
to a buyer confirming that the seller has credited
(Le., reduced) the buyer's account because of an error,
return, or allowance.
credit mobilier. A company or association that carries
on a banking business by making loans on the security
of personal property.
creditor. (15c) 1. One to whom a debt is owed; one who
gives credit for money or goods. Also termed debtee.
2. A person or entity with a definite claim against
another, esp. a claim that is capable of adjustment and
liquidation. 3. Bankruptcy. A person or entity having a
claim against the debtor predating the order for relief
concerning the debtor. [Cases: Bankruptcy (;= 2822.]
4. Roman law. One to whom any obligation is owed,
whether contractual or otherwise. Cf. DEBTOR.
attaching creditor. A creditor who has caused an
attachment to be issued and levied on the debtor's
property. [Cases: Attachment C=>16.]
bond creditor. A creditor whose debt is secured by a
bond.
catholic creditor. Scots law. A person who has a
security interest in more than one piece ofthe debtor's
property.
certificate creditor. A creditor ofa municipal corpora
tion who receives a certificate ofindebtedness rather
than payment because the municipality cannot pay
the debt. Cf. warrant creditor.

425 creditor dominii
conditional creditor. Civil law, A creditor who has
either a future right of action or a right of action in
expectancy.
creditor at large. A creditor who has not established the
debt by reducing it to judgment, or who has not oth
erwise secured a lien on any of the debtor's property.
See unsecured creditor.
domestic creditor. A creditor who resides in the
same state or country as the debtor or the debtor's
property.
double creditor. A creditor who has a lien on two funds.
Cf. single creditor.
execution creditor. A judgment creditor who has
caused an execution to issue on the judgment. [Cases:
Execution (;:::::0'17,]
foreign creditor. A creditor who resides in a different
state or country from that of the debtor or the debtor's
property.
gap creditor. Bankruptcy. A creditor who extends credit
to, lends money to, or has a claim arise against the
debtor in the period between the filing ofan involun
tary bankruptcy petition and the entry ofthe order for
relief. -Under the Bankruptcy Code, a gap creditor's
claim receives second priority, immediately below
administrative claims. 11 USCA  S02(f), S07(a)(2).
[Cases: BankruptcyC:;:>2833.]
general creditor. See unsecured creditor.
hypothetical creditor. Bankruptcy. An actual or code
created judicial-lien creditor or bona fide purchaser
who establishes a bankruptcy trustee's status under
the Bankruptcy Code's priority scheme, claiming
property through the debtor at the time ofthe bank
ruptcy filing. II USCA  S44. -Also termed hypo
theticallien creditor. [Cases: Bankruptcy C:;>2704,
270S.]
joint creditor. A creditor who is entitled, along with
another creditor, to demand payment from a debtor.
judgment creditor. See JUDGMENT CREDITOR.
junior creditor. A creditor whose claim accrued after
that of another creditor; a creditor who holds a debt
that is subordinate to another's.
known creditor. A creditor whose identity or claim
is either known or reasonably ascertainable by the
debtor. -Known creditors are entitled to notice ofthe
debtor's bankruptcy or corporate dissolution, as well
as notice ofany deadline for filing proofs ofclaim.
lien creditor. A creditor whose claim is secured by a
lien on the debtor's property. UCC  9-102(a)(52).
[Cases: Secured Transactions (;:::::0 140.]
preferred creditor. A creditor with a superior right
to payment, such as a holder of a perfected security
interest as compared to a holder of an unsecured
claim. [Cases: Secured Transactions 138-140,
168.]
principal creditor. A creditor whose claim or demand
greatly exceeds the claims ofother creditors. prior creditor. A creditor who is given priority in
payment from the debtor's assets.
secondary creditor. A creditor whose claim is subordi
nate to a preferred creditor's.
secured creditor. A creditor who has the right, on the
debtor's default, to proceed against collateral and
apply it to the payment of the debt. UCC  9-102-(a)
(72). -Also termed secured party.
'''Secured party' means (A) a person in whose favor a
security interest is created or provided for under a security
agreement, whether or not any obligation to be secured
is outstanding; (B) a person that holds an agricultural lien:
(C) a consignor; (0) a person to which accounts, chattel
paper, payment intangibles, or promissory notes have
been sold; or (E) if a security interest or agricultural lien
is created or provided for in favor of a trustee, agent, col
lateral agent, or other representative, that representative."
UCC  91 02(a)(50).
single creditor. In the marshaling of assets, a creditor
with a lien on one fund. See RULE OF MARSHALING
ASSETS. Cf. double creditor.
specialty creditor. A creditor to whom an heir is liable
for a decedent's debts to the extent of the land inher
ited. Historically, unless the creditor obtained a
judgment against the debtor before the debtor's death,
the creditor's right of action on the debt was limited
to the decedent's lawful heir. Ifthe debtor devised the
land to a stranger, the creditor's claim was defeated.
See HEIR (1). [Cases: Descent and Distribution C:;:>
126; Executors and Administrators ".r~~VJ.
'There were three exceptions to this rule that a fee simple
estate was not liable to the creditors of the deceased. Debts
due to the Crown and debts due to judgment creditors were
enforceable against the land notwithstanding the death
of the owner, and thirdly, if the fee simple tenant had in
his lifetime executed a deed whereby he covenanted for
himself and his heirs to pay a sum of money, the creditor
(called a specialty creditor) could make the heir liable for
the debt to the extent of the land which had descended
to him. But this privilege of the specialty creditor was not
at first enforceable against an equitable fee Simple, and
it was strictly limited to a right of action against the he


itor was not
at first enforceable against an equitable fee Simple, and
it was strictly limited to a right of action against the heir
of the deceased, so that the creditor was defrauded of his
money Ifthe deceased devised his land to a stranger." C.C
Cheshire, Modern Law ofReal Property 738 (3d ed. 1933).
subsequent creditor. A creditor whose claim comes into
existence after a given fact or transaction, such as the
recording ofa deed or the execution of a voluntary
conveyance.
unsecured creditor. A creditor who, upon giving
credit, takes no rights against specific property ofthe
debtor, Also termed general creditor. See creditor
at large.
warrant creditor. A creditor ofa municipal corporation
who is given a municipal warrant for the amount of
the claim because the municipality lacks the funds to
pay the debt. Cf. certificate creditor. [Cases: Municipal
Corporations C:;:>896.]
creditor beneficiary. See BENEFICIARY.
creditor dominii (kred-i-tor da-min-ee-l). [Law Latin]
Hist. The creditor who is entitled to ownership of an
object; a secured creditor.

"Creditor dominii .... In commodate the lender is creditor
of the subject. and on the bankruptcy of the borrower may
vindicate his right of property and recover the subject
itself ...." John Trayner. Trayner's Latin Maxims 114 (4th
ed. 1894).
creditor's bill. (1826) An equitable suit in which a
judgment creditor seeks to reach property that cannot
be reached by the process available to enforce a
judgment. -Also termed creditor's suit. [Cases: Debtor
and Creditor
creditor's claim. See CLAIM (5).
creditors' committee. (1874) Bankruptcy. A committee
comprisjng representatives ofthe creditors in a Chapter
11 proceeding, formed to negotiate the debtor's plan of
reorganization. -Generally, a committee has no fewer
than 3 and no more than 11 members and serves as an
advisory body. 11 USCA  1102. [Cases: Bankruptcy
(;::::>3024.]
creditors' composition. See COMPOSITION (1).
creditors' meeting. See MEETING.
creditors' scheme of arrangement. See SCHEME OF
ARRANGEMENT.
creditor's suit. See CREDITOR'S BILL.
credit plan. A financing arrangement under which a
borrower and a lender agree to terms for a loan's repay
ment with interest, usu. in installments.
open-end credit plan. A plan under which a creditor
reasonably expects repeated transactions, prescribes
terms for those transactions, and includes a finance
charge that may be periodically computed on the out
standing balance. 15 USCA  1602(i).
credit rating. An evaluation of a potential borrower's
ability to repay debt, prepared by a credit bureau at the
request ofa lender. [Cases: Credit Reporting Agencies
(;::::>1-4.]
credit report. 1. A credit bureau's report on a person's
financial status, usu. including the approximate
amounts and locations ofa person's bank accounts,
charge accounts, loans, and other debts, bill-paying
habits, defaults, bankruptcies, foreclosures, marital
status, occupation, income, and lawsuits. See CREDIT
BUREAU. 2. The report of a credit-reporting bureau,
usu. including highly personal information gathered
through interviews with a person's friends, neigh
bors, and coworkers. See CREDIT-REPORTING BUREAU.
[Cases; Credit Reporting Agencies
credit-reporting bureau. (1904) An organization that,
on request, prepares investigative reports not just on
people's creditworthiness but also on personal infor
mation gathered from various sources, including inter
views with neighbors, friends, and coworkers. -These
reports are used chiefly by employers (for prospective
employees), insurance companies (for applicants), and
landlords (for prospective tenants). -Also termed
investigating bureau. Cf. CREDIT BUREAU. [Cases: Credit
Reporting Agencies (;::::> 1-4.J creditrix (kred-;Hriks), n. [fro Latin credere "to lend,
entrust"] Civil law. Archaic. A female creditor.
credit sale. See SALE.
credit service charge. See SERVICE CHARGE (2).
credit-shelter trust. See bypass trust under TRUST.
credit slip. A document that allows a store customer to
either purchase another item or receive cash or credit
for merchandise the customer has returned to the
store.
credit union. A cooperative association that offers low
interest loans and other consumer banking services
to persons sharing a common bond -often fellow
employees and their family members. -Most credit
unions are regulated by the National Credit Union
Administration. State-chartered credit unions are
also subject to regulation by the chartering state, and
they may be regulated bystate bankingboards. [Cases:
Building and Loan Associations C::;) 1-6,24-40.)
"Credit unions were the last major thrift institutions
developed in the United States .... What distinguished
credit unions from mutual savings banks and savings and
loan associations was their emphasis on a common bond
of workers, church members, or people in a local area,
wanting to borrow relatively small amounts at reasonable
interest rates from each other. and help each other save to
meet these short-term needs. Their goal was to provide a
low interest rate alternative _.. to loan sharks and pawn
brokers." William A. Lovett. Banking and Financial institu
tions Law in a Nutshell 284 (1997).
creditworthy, adj. (1924) (Of a borrower) financially
sound enough that a lender will extend credit in the
belief default is unlikely; fiscally healthy. -creditwor
thiness, n.
creeping acquisition. See ACQUISITJON.
creeping tender offer. See creeping acquisition under
ACQUISITION.
C reorganization. See REORGANIZATION (2).
crescendo rental. See RENTAL.
cretion (kree-sh;m), n. [fro Latin cernere "to decide")
Roman law. 1. A method or form ofaccepting an inher
itance by an heir who is appointed in a testament. -
Cretion usu. had to be declared within 100 days from
the date an heir received notice ofthe appointment.
"In the old law it was the practice to fix a time limit, usually
of one hundred days, within which the heir was to make a
formal acceptance, with the addition that if he failed to do
so, he was to be disinherited and a substitute was to take
the inheritance in his place. This formal acceptance was
known as cretio from the Latin verb cernere to decide.
The practice had fallen into disuse before Justinian, who
formally abolished it." R.W. Lee, The Elements of Roman
Law 199 (4th ed. 1956).
2. The period within which an heir might decide
whether to accept an inheritance. -Also termed (in
Latin) cretio (kree-shee-oh). cretionary (kree-sh;m
er-ee), adj.
crew member. See SEAMAN.
CRF. abbr. CRIMINAL-REFERRAL FORM.

crib, n. [Origin unknown] Hist. An enclosure at the side
ofa court where the apprentices stood to learn the law.
-For a full historv ofthis term and its variants, see J.H.
Baker, "The Pecu~es," in The Legal Profession and the
Common Law 171, 173 (1986). Also spelled cribbe;
crubbe. Also termed pecune.
cri de pais. See CRY DE PAIS.
crier (krI-ar). (15c) 1. An officer ofthe court who makes
public pronouncements as required by the court. Cf.
BAILIFF (1). -Also termed court crier. [Cases: Courts
C=>58.] 2. An auctioneer. Also spelled cryer.
criez la peez (krI-eez 1.'1 pees). [Law French] Hist.
Rehearsethe concord (or peace). -This phrase was
used to confirm the conveyance of land by fine. The
serjeant or countor in attendance read the phrase aloud
in court. See FINE (1).
crim. con. abbr. CRIMINAL CONVERSATION.
crime. (14c) An act that the law makes punishable; the
breach ofa legal duty treated as the subject-matter ofa
criminal proceeding. -Also termed criminal wrong.
See OFFENSE (1).
"Understanding that the conception of Crime, as distin
guished from that of Wrong or Tort and from that of Sin,
involves the idea of injury to the State of collective com
munity, we first find that the commonwealth, in literal
conformity with the conception, itself interposed directly,
and by isolated acts, to avenge itself on the author of the
evil which it had suffered." Henry S. Maine, Ancient Law
320 (17th ed. 1901).
"It is a curious fact that all the minor acts enumerated in the
penal code of a state like, say, New York are in law called
crimes, which term includes both murder and overparking.
It is a strong term to use for the latter, and of course the law
has for centuries recognized that there are more serious
and less serious crimes. At the common law, however, only
two classes were recognized, serious crimes or felonies,
and minor crimes or misdemeanors." Max Radin, The Law
and You 91 (1948).
administrative crime. (1943) An offense consisting ofa
violation ofan administrative rule or regulation that
carries with it a criminal sanction.
capital crime. See capital offense under OFFENSE (1).
commercial crime. (1900) A crime that affects
commerce; esp., a crime directed toward the
property or revenues ofa commercial establishment.
-Examples include robbery ofa business, embezzle
ment, counterfeiting, forgery, prostitution, illegal
gambling, and extortion. See 26 CFR  403.38.
common-law crime. (1827) A crime that is punish
able under the common law, rather than by force of
statute. Cf. statutory crime.
complainantless crime. See victimless crime.
computer crime. (1971) A crime involving the use of
a computer, such as sabotaging or stealing electroni
cally stored data. -Also termed cybercrime. [Cases:
Telecommunications C=> 1342, 1348.]
consensual crime. See victimless crime.
constructive crime. A crime that is built up or created
when a court enlarges a statute by altering or straining the statute's language, esp. to drawing unreasonable
implications and inferences from it. -Also termed
implied crime; presumed crime.
continuous crime. (1907) 1. A crime that continues
after an initial illegal act has been consummated; a
crime that involves ongoing elements. -An example
is illegal U.S. drug importation. The criminal act is
completed not when the drugs enter the country, but
when the drugs reach their final destination. 2. A
crime (such as driving a stolen vehicle) that continues
over an extended period. Cf. instantaneous crime.
corporate crime. (l934) A crime committed by a cor
poration's representatives acting on its behalf.
Examples include price-fixing and consumer fraud.
Although a corporation as an entity cannot commit
a crime other than through its representatives, it can
be named as a criminal defendant -Also termed
organizational crime. Cf. occupational crime. [Cases:
Corporations C=>526.]
credit-card crime. See CREDIT-CARD CRIME.
crime against nature. See SODOMY.
crime against the environment. See ENVIRONMENTAL
CRIME.
crime malum in se. See MALUM IN SE.
crime malum prohibitum. See MALUM PROHIBITUM.
crime ofomission. (I8c) An offense that carries as its
material component the failure to act.
crime ofpassion. (I8c) A crime committed in the heat
of an emotionally charged moment, with no oppor
tunity to reflect on what is happening. See HEAT OF
PASSION.
crime ofviolence. See violent crime.
crime without victims. See victimless crime.
cybercrime. See computer crime.
economic crime. A nonphysical crime committed to
obtain a financial gain or a professional advantage.
'There are two major styles of economic crime. The first
consists of crimes committed by businessmen as an
adjunct to their regular business activities. Businessmen's
responsibilities give them the opportunity, for example, to
commit embezzlement, to violate regulations directed at
their areas of business activity, or to evade the payment of
taxes. This style of economic crime is often called white
collar crime. The second style of economic crime is the
provision of illegal goods and services or the provision
of goods and services in an illegal manner. Illegal provi
sion of goods and services requires coordinated economic
activity similar to that of normal business, but all of those
engaged in it are involved in crime. The madam operat
ing a brothel has many concerns identical to the manager
of a resort hotel, and the distributor of marijuana must
worry about the efficacy of his distribution system just
as does a distributor of any other product. This type of
economic crime is often called organized crime because
the necessity of economic coordination outside the law
leads to the formation of criminal groups with elaborate
organizational customs and practices." Edmund W. Kitch,
"Economic Crime," in 2 Encyclopedia ofCrime and justice
670,671 (Sanford H. Kadish ed., 1983).
environmental crime. See ENVIRONMENTAL CRIME.

crime 428
expressive crime. A crime committed for the sake of
the crime itself, esp. out offrustration, rage, or other
emotion rather than for financial gain. Cf. instrumen
tal crime.
federal crime.