was more than needful, it is called circuity of action."
Termes de la Ley 87 (1 st Am. ed. 1812).
circular letter ofcredit. See LETTER OF CREDIT.
circular note. See LETTER OF CREDIT.
circulating capital. See floating capital under CAPITAL.
circumduction (sar-kam-d;)k-shan). Annulment; can
cellation.
circumduction ofthe term. Scots law. A judicial decla
ration that the time allowed for the parties to present
evidence has expired.

277
circum sacra (sar-k<1m say-kr<1). [Law Latin] Hist. Eccles.
law. Concerning sacred things. -The phrase appeared
in reference to the church's supreme jurisdiction over
questions of doctrine, as distinguished from a civil
court's jurisdiction over other ecclesiastical matters.
Circumspecte agatis (sar-k<1m-spek-tee a-gay-tis). [Latin
"that you act circumspectly"] Hist. A directive from the
king to his justices detailing the boundaries ofecclesi
astical jurisdiction. -The directive, issued circa 1285,
was originally in the form of a writ, but over time it
acquired statutory authority. The title Circumspecte
agatis derives from the first few words ofthe writ: "Rex
talibus judicibus salutem; Circumspecte agatis ...."
circumstance, n. (often pl.) (13c) An accompanying or
accessory fact, event, or condition, such as a piece of
evidence that indicates the probability of an event.
circumstantial, adj.
aggravating circumstance. (17c) 1. A fact or situation
that increases the degree ofliability or culpability for
a criminal act. 2. A fact or situation that relates to a
criminal offense or defendant and that is considered
by the court in imposing punishment (esp. a death
sentence). -Aggravating circumstances in death
penalty cases are usu. prescribed by statute. For a list
of aggravating circumstances in a capital-murder
case, see Model Penal Code  210.6(3). -Also termed
aggravating element; aggravating factor; aggravator.
Cf. mitigating circumstance; MITIGATOR. [Cases: Sen
tencing and Punishment (;:::>53, 589, 1652.]
attendant circumstance. A fact that is situationally
relevant to a particular event or occurrence. - A fact
finder often reviews the attendant circumstances ofa
crime to learn, for example, the perpetrator's motive
or intent.
exigent circumstances. (1906) 1. A situation that
demands unusual or immediate action and that may
allow people to circumvent usual procedures, as when
a neighbor breaks through a window of a burning
house to save someone inside. 2. A situation in which
a police officer must take immediate action to effec
tively make an arrest, search, or seizure for which
probable cause exists, and thus may do so without
first obtaining a warrant. -Exigent circumstances
may exist if (1) a person's life or safety is threatened,
(2) a suspect's escape is imminent, or (3) evidence is
about to be removed or destroyed. -Also termed
emergency circumstances; special circumstances.
extenuating circumstance. See mitigating circum
stance.
extraordinary circumstances. (17c) A highly unusual
set of facts that are not commonly associated with a
particular thing or event.
incriminating circumstance. (1885) A fact or situation
shOWing either that a crime was committed or that a
particular person committed it.
mitigating circumstance. (17c) L A fact or situation that
does not justify or excuse a wrongful act or offense
but that reduces the degree of culpability and thus citation
may reduce the damages (in a civil case) or the pun
ishment (in a criminal case). [Cases: DamagesC::'59;
Sentencing and Punishment 590, 1653.J 2. A
fact or situation that does not bear on the question
of a defendant's guilt but that is considered by the
court in imposing punishment and esp. in lessen
ing the severity of a sentence. - A court's or jury's
power to consider mitigating circumstances cannot
be limited by statute. See Lockett v. Ohio, 438 U.S. 586,
606,98 S.Ct. 2954, 2965 (1978). For a list ofmitigating
circumstances in a capital-murder case, see Model
Penal Code  210.6(4). [Cases: Sentencing and Punish
ment C-~54, 590, 1653.] 3. Contracts. An unusual or
unpredictable event that prevents performance, such
as a labor strike. Also termed extenuating circum
stance. Cf. aggravating circumstance.
special circumstances. See exigent circumstances.
circumstantial evidence. See EVIDENCE.
circumvention. 1. Copyright. The act of bypassing,
avoiding, removing, deactivating, or impairing a tech
nological measure or device that controls access to a
work protected by U.S. copyright law. _ Circumven
tion of technology that effectively controls access to a
work protected by a U.S. copyright is prohibited under
17 USCA  1201. [Cases: Copyrights and Intellectual
PropertyC=,67.3.] 2. Scots law. FACILITY AND CIRCUM
VENTION.
cirliscus (S<1r-lis-k<1s). See CEORL.
CIT. abbr. Court of International Trade. See UNITED
STATES COURT OF INTERNATIONAL TRADE.
citable, adj. Authorized by a court to be used as legal
precedent. -In general, published opinions are citable,
but unpUblished ones are not. -Also written citeable.
Cf. NONCITABLE. [Cases: Courts ~-:>107.J
citatio ad reassumendam causam (sI-tay-shee-oh ad
ree-as-yoo-men-dam kaw-zam). [Latin "citation to take
up a cause again"] Civil law. A citation issued to revive
an action that was abated upon one party's death. -The
citation issues against the deceased party's heir. Cf. bill
ofrevivor under BILL (2).
citation, n. (13c) 1. A court-issued writ that commands
a person to appear at a certain time and place to do
something demanded in the writ, or to show cause for
not doing so. 2. A police-issued order to appear before a
judge on a given date to defend against a stated charge,
such as a traffic violation. Also termed appearance
ticket. [Cases: Automobiles (;:::>351.1.] 3. A reference to
a legal precedent or authority, such as a case, statute, or
treatise, that either substantiates or contradicts a given
position. Often shortened to (in sense 3) cite.
parallel citation. (1911) An additional reference to a
case that has been reported in more than one reporter.
_ For example, whereas a Bluebook citation reads
"Morgan v. United States, 304 U.S. 1 (1938)," the same
reference induding parallel citations reads "Morgan
v. United States, 304 U.S. 1, 58 S.Ct. 773, 82 L.Ed.
1129 (1938)," in which the main citation is to the U.S.

Reports and the parallel citations are to the Supreme
Court Reporter and to the Lawyers Edition.
pinpoint citation. (1961) The page on which a quotation
or relevant passage appears, as opposed to the page
on which a case or article begins . For example, the
number 217 is the pinpoint citation in Baker v. Carr,
369 U.S. 186,217 (1962). Also termed jump citation;
dictum page; pineite.
4. A reference to another document in support of an
argument, as in a patent prosecution in which a party
trying to defeat a claim of patentability refers to a
previous patent or a publication to show that the inven
tion lacks novelty or nonobviousness. See REFERENCE
(4). [Cases: Patents (;=:16.5(1).]
front-page citation. Patents. A citation of prior art
listed on the front page of a patent application and
disclosing a patent or publication that is pertinent to
the patentability ofany ofthe application's claims.
textual citation. Patents. A reference to a work contain
ing prior art listed in a patent application's body.
citational, adi. Ofor relating to a citation (esp. a refer
ence citation) <citational analysis>.
citation order. (1955) The appropriate ranking of the
various authorities marshaled in support of a legal
proposition.
Citations, Law of. Roman law. An A.D. 426 decree of
Emperor Valentinian III listing Papinian, Paul, Gaius,
Ulpian, and Modestinus as juristic writers who could
be cited authoritatively in court. If a majority of the
writers agreed on an issue, the judge was bound to
follow the majority view. The Law ofCitations allowed
the judge to use discretion only if the writers were
equally divided and Papinian (whose view prevailed
in a tie) was silent on the issue.
"In 426 came the famous lex de respansis prudentium -the
Law of Citations.... This law lessened the difficulties of the
courts in dealing with juristic literature. It excluded a huge
mass of conflicting doctrine, the relative value of which
had not been determined, and which yet had to be used by
the judges as a source of principle on which to base their
decisions." W.W. Buckland, A TextBaak of Roman Law from
Augustus to Justinian 33 (Peter Stein ed., 3d ed. 1963).
citation signal. See SIGNAL (2).
citator (SI-tay-tJr). A catalogued list of cases, statutes,
and other legal sources showing the subsequent history
and current precedential value of those sources.
Citators allow researchers to verify the authority of
a precedent and to find additional sources relating to
a given subject. Citators were originally printed on
gummed paper and pasted next to the report ofa cited
case. Today, citators are published in volumes and are
also available online; the two most popular are Shep
ard's and KeyCite.
"A citator is a compilation showing where certain cases
have been cited in other cases, and whether the provi
sions of constitutions and statutes have been repealed,
amended, or otherwise affected, or have been judicially
construed, or have been cited." Frank Hall Childs, Where
and How to Find the Law 61 (1922). citatory (SI-tHor-ee), adj. Of, relating to, or having the
power ofa citation or summons detters citatory>.
cite, n. See CITATION (3).
cite, vb. (I5c) 1. To summon before a court oflaw <the
witness was cited for contempt>. 2. To refer to or
adduce as precedent or authority <counsel then cited
the appropriate statutory provision>. 3. To commend
or honor <the soldier was cited for bravery>.
citeable. See CITABLE.
citizen, n. (l4c) I. A person who, by either birth or natu
ralization, is a member ofa political community, owing
allegiance to the community and being entitled to enjoy
all its civil rights and protections; a member ofthe civil
state, entitled to all its privileges. Cf. RESIDENT; DOMI
CILIARY. [Cases: Aliens, Immigration, and Citizenship
citizen by naturalization. See naturalized citizen.
federal citizen. A citizen of the United States.
natural-born citizen. A person born within the juris
diction of a national government. [Cases: Aliens,
Immigration, and Citizenship (;=:689-728.]
naturalized citizen. A foreign-born person who attains
citizenship by law. Also termed citizen by natural
ization. [Cases: Aliens (;=:60-70.]
2. For diversity-jurisdiction purposes, a corporation
that was incorporated within a state or has its principal
place ofbusiness there. 28 USCA  1332(c)(1). [Cases:
Federal Courts (;=:297,300.]
citizen-informant. See INFORMANT.
citizen's arrest. See ARREST.
citizenship, n. 1. The status ofbeing a citizen. 2. The
quality of a person's conduct as a member of a com
munity.
corporate citizenship. See CORPORATE CITIZENSHIP.
dual citizenship. See DUAL CITIZENSHIP.
Citizenship Clause. (1896) The clause of the U.S. Con
stitution providing that all persons born or naturalized
in the United States are citizens of the United States
and the state they reside in. U.S. Const. amend. XIV,
 1, cl. 1. [Cases: Aliens, Immigration, and Citizenship
C=652,678.]
citizen suit. An action under a statute giving citizens
the right to sue violators ofthe law (esp. environmental
law) and to seek injunctive relief and penalties. In
the 1970s, during the heyday of antipollution statutes
such as the Clean Water Act and the Clean Air Act,
legislators believed that regulators sometimes become
too close to the industries they oversee and, as a result,
lack the aggreSSiveness that individual citizens bring
to litigation. The statutes therefore authorize, among
other things, "private attorneys general" (citizens) to
protect the environment. This includes not only injunc
tions to stop pollution but also penalties to be paid to
the U.S. Treasury. A federal plaintiff must sue under a
statutory citizen-suit provision and also satisfy consti

279 civil-damage law
tutional-standing requirements. See STANDING. [Cases:
Environmental Law (;=>20.]
citology. See LEGAL CITOLOGY.
citra causae cogn


Environmental Law (;=>20.]
citology. See LEGAL CITOLOGY.
citra causae cognitionem (sit-rJ kaw-zee kog-nish-ee
oh-nJm). [Latin] Hist. Without investigating the cause;
absent a judicial investigation.
"Citra causae cognitionem .... Formerly all interdiction
was judicial, and proceeded upon an investigation of the
facts and on its necessity or expediency being made out to
the satisfaction of the Court. No other kind of interdiction
was allowed, but voluntary interdiction, without such inves
tigation, was afterwards admitted." John Trayner, Trayner's
Latin Maxims 78 (4th ed. 1894).
city. 1. A municipal corporation, usu. headed by a mayor
and governed by a city council; a municipality of the
highest grade. [Cases: Municipal Corporations (;=>1.1.1
2. The territory within a city's corporate limits. 3. Collec
tively, the people who live in this territory. Cf. TOWN.
city attorney. (1837) An attorney employed by a city
to advise it and represent it in legal matters. Also
termed municipal attorney; city counsel; corporation
counsel; city solicitor. [Cases: Municipal Corporations
(;=>2l4(3).]
"There may have been a time in this country when the
function of the City Attorney of the average city consisted
mainly of advising the Council, preparing an occasional
ordinance or handling an infrequent lawsuit. The legal
business of the average city is no longer so simple, so
infrequent and so nonconsuming of the time of the City
Attorney. Every action of the City must be justified by
its legal powers, and the City Attorney is the municipal
officer whose responsibility it is to decide whether any act
or action is within the city's legal powers. The demands of
citizens for augmented municipal services, and the result
ing diversification of city operations have increased the
volume of work to the point where the City Attorney, in
many cities, has become a central consultant of the city
officers and employees on a day-to-day, hour-to-hour
basis." Allen Grimes, The CitV Attomev: A Practice Manual
6 (1978).
city auditor. See AUDITOR.
city clerk. See CLERK (1).
city council. A city's legislative body, usu. responsible
for passing ordinances, levying taxes, appropriating
funds, and generally administering city government.
Also termed (in some states) board ofaldermen. [Cases:
Municipal Corporations (;=>80.]
city counsel. See CITY ATTORNEY.
city court. See municipal court under COURT.
city manager. A local official appointed to manage and
administer the executive affairs of a municipality in
accordance with the policies established by the city
councilor other governing body.
city judge. See municipal judge under JUDGE.
city solicitor. See CITY ATTORNEY.
city treasurer. See TREASURER.
Civ. Ct. See civil court under COURT.
civic, adj. (1656) 1. Ofor relating to citizenship or a par
ticular citizen <civic responsibilities>. 2. Ofor relating
to a city <civic center>. civil, ad). (14c) 1. Ofor relating to the state or its citizenry
<civil rights>. 2. Of or relating to private rights and
remedies that are sought by action or suit, as distinct
from criminal proceedings <civil litigation>. [Cases:
Action C~IS.] 3. Of or relating to any ofthe modern
legal systems derived from Roman law <Louisiana is a
civil-law jurisdiction>.
civil action. See ACTION (4).
civil arrest. See ARREST.
civil assault. See ASSAULT.
civil-authority clause. Insurance. A clause, esp. in a fire
insurance policy, insuring against damages caused by
firefighters, police, or other civil authority. [Cases:
Insurance (;=>2157,2163.]
civil bail. See BAIL (1).
civil code. (lSc) 1. A comprehensive and systematic leg
islative pronouncement ofthe whole private, noncom
merciaIlaw in a legal system ofthe continental civil-law
tradition. 2. (caps.) The code that embodies the law of
France, from which a great part of the Louisiana civil
code is derived. -Abbr. Cc. -Also termed Code
Civil. See NAPOLEONIC CODE. 3. A codification ofnon
criminal statutes.
civil cognation. See COGNATION.
civil commitment. (1945) 1. A commitment ofa person
who is ill, incompetent, drug-addicted, or the like, as
contrasted with a criminal sentence . In contrast to
a criminal commitment, the length of a civil commit
ment is indefinite because it depends on the person's
recovery. [Cases: Chemical Dependents (;=>10; Mental
Health (;;.;31.) 2. A public demonstration by two people
of their intent to be bound together in a marriage-like
relationship . The demonstration is usu. in the form of
a ceremony, often identical to a wedding, but the rela
tionship is usu. not legally recognized and can be dis
solved without legal formalities. See CIVIL UNION. 3. A
residential program characterized by intense and strict
supervision ofsex offenders who have completed their
prison sentences but are found to be likely to commit
more sex crimes. [Cases: Mental Health (;=>465.]
civil-commitment statute. A law that provides for the
confinement of a person who is mentally ill, incom
petent, drug-addicted, or the like . Unlike criminal
incarceration, civil commitment is for an indefinite
period. [Cases: Chemical Dependents (;=>12; Mental
Health (;=>37.]
civil commotion. (16c) A public uprising by a large
number ofpeople who, acting together, cause harm to
people or property . A civil commotion usu. involves
many more people than a riot. -Sometimes shortened
to commotion. Cf. RIOT. [Cases: Riot
civil conspiracy. See CONSPIRACY.
civil contempt. See CONTEMPT.
civil corporation. See CORPORATION.
civil court. See COURT.
civil-damage law. See DRAM-SHOP ACT.

280 civil day
civil day. See artificial day under DAY.
civil death. See DEATH.
civil defense. 1. The practice ofprotecting civilians from
dangers caused by hostilities or disasters and helping
them recover from the immediate effects of such events.
2. The policies that underlie this practice.
civil disability. See DISABILITY (3).
civil disobedience. (1866) A deliberate but nonviolent
act oflawbreaking to call attention to a particular law
or set oflaws believed by the actor to be ofquestionable
legitimacy or morality.
"Social protest and even civil disobedience serve the law's
need for growth. Ideally, reform would come according to
reason and justice without self-help and disturbing, almost
violent, forms of protest .... Still, candor compels one
here again to acknowledge the gap between the ideal and
the reality. Short of the millennium, sharp changes in the
law depend partly upon the stimulus of protest." Archibald
Cox, Civil Rights, the Constitution, and the Courts, 40 N.Y.
State B.J. 161, 169 (1968).
civil disorder. (l8c) A public disturbance involving three
or more people who commit violent acts that cause
immediate danger or injury to people or property. See
RIOT. [Cases: Riot (;::::> 1.]
civil embargo. See EMBARGO (2).
civil forfeiture. See FORFEITURE.
civil fraud. See FRAUD.
civil fruit. See FRUIT.
civilian, n. 1. A person not serving in the military. 2. A
lawyer practicing in a civil-law jurisdiction. Also
termed civilista. 3. A scholar in civil or Roman law.
civilian, adj.
civil impediment. See IMPEDIMENT.
civil imprisonment. Rist. See IMPRISONMENT FOR
DEBT.
civil infraction. See INFRACTION.
civil injury. See INJURY.
civil investigative demand. 1. A request for information
served by the U.S. Attorney General on any person who
may have documents or information relevant to a civil
antitrust investigation or to an investigation authorized
by section 3 ofthe International Antitrust Enforcement
Assistance Act (15 USCA  6202). A civil investiga
tive demand can be issued before a civil or criminal
action is begun, and can be served on anyone -not just
potential defendants thought to possess information
pertinent to the investigation. If the Attorney General
begins a civil or criminal action, this demand may not
be served on persons within the scope of the proceed
ing. [Cases: Antitrust and Trade Regulation G::::>954.]
2. A similar request for information served by a differ
ent governmental entity, esp. a state attorney general.
[Cases: Attorney General (>~J6.1- Abbr. cm.
civilis (S;;l-VI-lis), adj. [Latin] Of or according to civil
law.
civilista (siv-a-lis-ta). [Latin] Rist. See CIVILIAN (2). civiliter (sa-vil-a-tar), adv. [Latin "civilly"]!. Bya civil, as
distinguished from a criminal, proceeding. Cf. CRIMI
NALITER. 2. Civilly; as a citizen.
civiliter mortuus (sa-vil-a-tar mor-choo-as). [LatinJ
Civilly dead <the wife ofa man civiliter mortuus had
similar rights>. See civil death (1) under DEATH.
civilization. (l8c) The transformation of a criminal
matter to a civil one by law or judgment. Cf. CRIMI
NALIZATION (1).
civil justice. (I6c) The methods by which a society
redresses civil wrongs. Cf. CRIMINAL JUSTICE (1).
civil law. (14c) I. (usu. cap.) One of the two prominent
legal systems in the Western world, originally admin
istered in the Roman Empire and still influential in
continental Europe, Latin America, Scotland, and
Louisiana, among other parts of the world; ROMAN
LAW. In reference to Romans, civil law (commonly
referred to as jus civile) denotes the whole body of
Roman law, from whatever source derived. But it is also
used to denote that part of Roman law peculiar to the
Romans, as opposed to the common law ofall peoples
(jus gentium). Also termed jus civile; Romanesque
law. Cf. COMMON LAW (2). 2. The body oflaw imposed
by the state, as opposed to moral law. 3. The law ofcivil
or private rights, as opposed to criminal law or admin
istrative law. -Abbr. CL.
"The difference between civil law ... and criminal law turns
on the difference between two different objects which the
law seeks to pursue ~redress or punishment. The object
of civil law is the redress of wrongs by compelling com
pensation or restitution: the wrongdoer is not punished,
he only suffers so much harm as is necessary to make
good the wrong he has done. The person who has suffered
gets a definite benefit from the law. or at least he avoids
a loss. On the other hand, in the case of crimes, the main
object of the law is to punish the wrongdoer; to give him
and others a strong inducement not to commit the same
or similar crimes, to reform him if pOSSible, and perhaps
to satisfy the public sense that wrongdoing ought to meet
with retribution." William Geldart, Introduction to English
Law 146 (O.CM. Yardley ed., 9th ed. 1984).
civil liability. See LIABILITY.
civil-liability act. See DRAM-SHOP ACT.
civil liberty. (usu. pl.) (17c) Freedom from undue govern
mental interference or restraint.  This term usu. refers
to freedom of speech, freedom of the press, freedom
of religion, freedom of association, and other liberties
associated with the Bill of Rights. In American law,
early civil liberties were promulgated in the Lawes and
Libertyes ofMassachusetts (1648) and the Bill of Rights
(1791). In English law, examples are found in Magna
Carta (1215), the Petition of Right (1628), and the Bill
ofRights (1689). Also termed civil right. [Cases: Civil
Rights G:::::: 1027.]
civil list. An annual sum granted by Parliament for the
expenses of the royal household.
civil marriage. See MARRIAGE (3).
civil month. See MONTH (1).
civil obligation. 1. See conventional obligation under
OBLIGATION (3). 2. See OBLIGATION (2).

281
civil offense. See public tort under TORT.
civil partnership. See CIVIL UNION.
civil penalty. See PENALTY (1).
civil possession. See POSSESSION.
civil power. See POLITICAL POWER.
civil procedure. (18c) 1. 'The body oflaw usu. rules
enacted by the legislature or courts -governing the
methods and practices used in civil litigation . An
example is the Federal Rules of Civil Procedure. 2. A
particular method or practice used in carrying on civil
litigation in a particular jurisdiction.
civil process. See PROCESS.
civil remedy. See REMEDY (1).
civil right. (usu. pI.) (l7c) 1. The individual rights of
personal liberty guaranteed by the Bill of Rights and
by the 13th. 14th, 15th. and 19th Amendments, as well
as by legislation such as the Voting Rights Act.  Civil
rights include esp. the right to vote, the right of due
process. and the right ofequal protection under the law.
[Cases: Civil Rights (:::::>1027.]2. CIVIL LIBERTY.
"At common law a person conVicted of a felony became an
outlaw. He lost all of his civil rights


ERTY.
"At common law a person conVicted of a felony became an
outlaw. He lost all of his civil rights and all of his property
became forfeited. This harsh rule no longer prevails. Under
modern jurisprudence the civil rights of a person convicted
of a crime, be it a felony or misdemeanor, are in nowise
affected or diminished except insofar as express statutory
provisions so prescribe." Alexander Holtzoff, "Civil Rights
of Criminals," in Encyclopedia of Criminology 55 (Vernon
C. Branham & Samuel B. Kutash eds., 1949).
civil-rights act. (1867) One of several federal statutes
enacted after the Civil War (1861-1865) and, much
later, during and after the civil-rights movement ofthe
1950s and 1960s, for the purpose ofimplementing and
giving further force to the basic rights guaranteed by
the Constitution, and esp. prohibiting discrimination
in employment and education on the basis of race, sex,
religion, color, or age. [Cases: Civil Rights 1002,
1102.1
civil-rights removal. See REMOVAL.
civil service, n. 1. The administrative branches ofa gov
ernment. [Cases: Officers and Public Employees (:::::> 1l.]
2. The group ofpeople employed by these branches.
civil servant, n.
Civil Service Commission. A former independent
federal agency that supervised the government's per
sonnel system . 'The agency was created in 1883 and
abolished by Reorganization Plan No.2 of 1978. Its
functions were transferred to the Merit Systems Pro
tection Board and the Office ofPersonnel Management.
See MERIT SYSTEMS PROTECTION BOARD; OFFICE OF
PERSONNEL MANAGEMENT. [Cases: Officers and Public
Employees C;:;:,72.20.)
civil-service reform. 'The use ofbusiness principles and
methods instead of the spoils system in the conduct
of the civil service, esp. in awarding contracts and
appointing officials.
civil society. See SOCIETY. claim
civil term. See TERM (5).
civil union. Family law. A marriage-like relationship,
often between members ofthe same sex, recognized by
civil authorities within a jurisdiction . Vermont was
the first state to recognize civil unions. In December
1999, the Vermont Supreme Court ruled that denying
gay couples the benefits of marriage amounted to
unconstitutional discrimination. Baker v. State, 744
A.2d 864 (Vt. 1999). Several months later the legislature
passed a civil-unions law, which took effect on July 1,
2000. -Also termed civil partnership. Cf. DOMESTIC
PARTNERSHIP; same-sex marriage under MARRIAGE (1).
[Cases: Marriage (:::::> 17.5,54.]
civil war. See WAR.
civil wrong. (17c) 1. See WRONG. 2. See TORT. 3. See
DELICT.
civis (siv-is). [Latin) Roman law. A Roman citizen; a
person entitled to the public and private rights associ
ated with Roman citizenship. Female citizens had
only private rights. -Also termed civis Romanus; civis
Romana.
civitas (siv-a-tas), n. [Latin) Roman law. 1. A state. 2. An
organized community; a territorial unit.
civitatis amissio (siv-i-tay-tis a-mish-ee-oh). [Latin]
Hist. Loss ofcitizenship.
C.}. abbr. 1. See chiefjustice under JUSTICE (2). 2. See
chiefjudge under JUDGE. 3. See circuit judge under
JUDGE. 4. CORPUS JURIS.
CJC. abbr. CODE OF JUDICIAL CONDUCT.
CJE. abbr. CONTINUING JUDICIAL EDUCATION.
C.J.S. abbr. Corpus Juris Secundum. -Also written
CIS.
CL. abbr. CIVIL LAW.
Claflin trust. See indestructible trust under TRUST.
Claflin-trust principle. The doctrine that a trust cannot
be terminated by the beneficiaries if the termination
would defeat one of the settlor's material purposes in
establishing the trust. even if all the beneficiaries seek
its termination. _ The Claflin principle, which derives
from Claflin v. Claflin, 20 N.E. 454 (Mass. 1889), is often
cited as the purest illustration ofdeadhand control,"
in which the wishes of the now dead settlor prevail
over the wishes and needs ofliving beneficiaries. Ifthe
settlor is alive and consents to the modification or ter
mination ofthe trust, the trust may usu. be terminated,
unless it is irrevocable. Trusts in the Claflin category
are spendthrift trusts, support trusts, trusts in which
the trustee has discretion to make distributions, and
trusts in which the beneficiary is entitled to income
until a certain age, at which point the beneficiary will
receive the principal.
claim, n. (13c) 1. The aggregate of operative facts giving
rise to a right enforceable by a court <the plaintiff's
short, plain statement about the crash established the
claim>. Also termed claim for relief (1808). 2. The
assertion ofan existing right; any right to payment or to

an equitable remedy, even ifcontingent or provisional
<the spouse's claim to half ofthe lottery winnings>, 3.
A demand for money, property, or a legal remedy to
which one asserts a right; esp" the part of a complaint
in a civil action specifying what relief the plaintiff asks
for, [Cases: Federal Civil Procedure (;:::J680; Pleading
(;:::J,72.]
donation claim. Property law. A claim for ownership
ofland under a donation act or bounty-land warrant.
See DONATION ACT; BOUNTy-tAND WARRANT.
honest claim. A claim made by someone who believes,
however unreasonably, that he or she has a right to
something or that there is a chance that such a right
exists.
liquidated claim. 1. A claim for an amount previously
agreed on by the parties or that can be precisely
determined by operation oflaw or by the terms of
the parties' agreement. 2. A claim that has been deter
mined in a judicial proceeding. -Also termed liqui
dated demand, [Cases: Accord and Satisfaction C:::.)
10; Interest (;:::.39(2.15).]
matured claim. A claim based on a debt that is due
for payment.
stale claim. (I8c) A claim that is barred by the statute
oflimitations or the defense oflaches. Also termed
stale demand. [Cases: Equity (;:::J67; Limitation of
Actions (;:::J 1, 165.]
unliquidated claim. A claim in which the amount
owed has not been determined. [Cases: Accord and
Satisfaction C:;:, 10; Interest (;:::J39(2.15).]
4. An interest or remedy recognized at law; the means
by which a person can obtain a privilege, possession,
or enjoyment of a right or thing; CAUSE OF ACTION (1)
<claim against the employer for wrongful termina
tion>.
ancillary claim. (1906) A claim that is collateral to,
dependent on, or auxiliary to another claim, such
as a state-law claim that is sufficiently related to a
federal claim to permit federal jurisdiction over it .
The concept of ancillary federal jurisdiction is now
contained in the supplemental-jurisdiction statute,
28 USCA  1367. See ancillary jurisdiction and sup
plemental jurisdiction under TURISDICTION. [Cases:
Federal Courts 20.]
colorable claim. 1. A claim that is legitimate and that
may reasonably be asserted, given the facts presented
and the current law (or a reasonable and logical exten
sion or modification ofthe current law). 2. A claim in
which the debtor and property holder are, as a matter
oflaw, not adverse . An example of a colorable claim
is one made by a person holding property as an agent
or bailee of the bankrupt.
contingent claim. A claim that has not yet accrued and
is dependent on some future event that may never
happen.
counterclaim. See COUNTERCLAIM.
cross-claim. See CROSS-CLAIM. frivolous claim. A claim that has no legal basis or merit,
esp. one brought for an unreasonable purpose such as
harassment. Fed. R. Civ. P. l1(b).
supplemental claim. A claim for further reliefbased on
events occurring after the original claim was made.
S. Bankruptcy. (1842) A right to payment or to an equi
table remedy for breach of performance if the breach
gives rise to a right to payment . It does not matter
whether the right has been reduced to judgment or
whether it is liquidated or unliquidated, fixed or con
tingent, matured or unmatured, disputed or undis
puted, or secured or unsecured.
creditor's claim. A claim that a creditor has against a
debtor. [Cases: Bankruptcy (;:::J,2825.]
involuntary gap claim. A claim that accrues in the
ordinary course of business after an involuntary
bankruptcy petition has been filed but before the
order for relief or the appointment of a trustee . The
Bankruptcy Code gives priority to creditors with
claims of this type to encourage creditors to continue
dealing with a debtor until the debtor has a chance
to challenge the involuntary petition. [Cases: Bank
ruptcy (;:::J2833.]
priority claim. An unsecured claim that, under bank
ruptcy law, must be paid before other unsecured
claims. The Bankruptcy Code sets forth nine
classes of claims, to be paid in order of priority: (1)
administrative expenses of the bankruptcy estate, (2)
involuntary gap claims, (3) wage claims, (4) contribu
tions to employee benefit plans, (5) claims of grain
farmers and fishermen, (6) consumer deposits, (7)
alimony, maintenance, and child-support claims,
(8) tax claims, and (9) capital requirements of an
insured depository institution. [Cases: Bankruptcy
(;:::J2951-2972.]
secured claim. A claim held by a creditor who has a
lien or a right of setoff against the debtor's property.
[Cases: Secured Transactions 1]
unsecured claim. 1. A claim by a creditor who does
not have a lien or a right ofsetoff against the debtor's
property. 2. A claim by a creditor to the extent that its
lien on or right ofsetoff against the debtor's property
is worth less than the amount ofthe debt.
6. Patents. PATENT CtAIM.
claim and delivery. (1842) A claim for the recovery
of specific personal property wrongfully taken or
detained, as well as for any damages caused by the
taking or detention. This claim derives from the
common-law action of replevin. -Sometimes written
claim-and-delivery. See REPtEVIN. [Cases: Replevin
1.]
claimant, n. (ISc) One who asserts a right or demand,
esp, formally; esp., one who asserts a property interest
in land, chattels, or tangible things,
occupying claimant. See OCCUPYING CLAIMANT.

claim check. A receipt obtained for bailed or checked
property and surrendered by the holder when the bailee
returns the property.
claim differentiation. Patents. A canon ofconstruction
presuming that each claim in a patent is different in
scope and meaning from all other claims; the presump
tion that different terms in separate claims must have
different meanings ifone ofthe claims would otherwise
be rendered superfluous. -The presumption cannot
be used by the patentee to broaden claims, and a court
will ignore it when convinced that its own interpreta
tion ofthe claims is correct. The presumption is stron
gest when a different interpretation would be the only
way to make a dependent claim more limiting than the
independent claim it refers to. -Also termed doctrine
ofclaim differentiation. [Cases: Patents (;::) 165(5).]
claim dilution. Bankruptcy. The reduction in the like
lihood that a debtor's claimants will be fully repaid,
including considerations ofthe time value ofmoney.
claim for relief. (1808) See CLAIM (1).
claim in equity. Rist. A summary proceeding created
to eliminate protracted pleading procedure in simple
cases. -The claim in equity was established in England
in 1850 and abolished in 1860.
claim-jumping. 1. The extension of the borders of a
mining claim to infringe on other areas or claims.
[Cases: Mines and Minerals 2. The filing of
a duplicate claim to take advantage of a flaw in the
original claim.
claim limitation. Patents. In a patent application, a state
ment that describes the means for performing a speci
fied function without reciting the structure, materials,
or acts that support that function. -Claim limitations
define the invention by distinguishing it from prior art.
[Cases: Patents (;::::clOl(3).]
claim ofappeal. See NOTICE OF APPEAL.
claim ofcognizance. Rist. An intervention seeking the
return of a case to the claimant's own court. -Cogni
zance may be claimed by a person, city, or public corpo
ration granted the right to hold court. -Also termed
claim ofconusance. See COGNIZANCE; CONUSANCE.
claim ofconusance. See CLAIM OF COGNIZANCE.
claim of liberty. Hist. A petition to the Crown, filed in
the Court ofExchequer, seeking the Attorney General's
confirmation ofliberties and franchises.
claim ofownership. (1818) 1. The possession of a piece
of property with the intention ofclaiming it in hostil


ownership. (1818) 1. The possession of a piece
of property with the intention ofclaiming it in hostil
ity to the true owner. [Cases: Adverse Possession
68.] 2. A party's manifest intention to take over land,
regardless oftitle or right. Also termed claim ofright;
claim oftitle.
claim ofpriority. See BENEFIT OF AN EARLIER FILING
DATE.
claim of right. 1. Rist. A criminal defendant's plea
that the defendant committed the act in question
under the mistaken but honest belief that it was legaL
-Defendants accused of theft often raised this plea, asserting an honest belief in a superior right to the
property taken. The claim ofright could also be raised
as a defense against bigamy ifthe defendant honestly
believed that an earlier marriage had been legally dis
solved. The usual phrase today is honesty defense. Cf.
honesty defense under DEFENSE (1). 2. Hist. An owner's
action to recover unjustly taken land in fee simple by
employing a writ ofcourse. See WRIT OF COURSE. 3.
CLAIM OF OWNERSHIP.
claim-of-right doctrine. Tax. The rule that any income
constructively received must be reported as income,
whether or not the taxpayer has an unrestricted claim
to it. [Cases: Internal Revenue (;::::c3086, 3118.]
claim oftitle. See CLAIM OF OWNERSHIP.
claim preclusion. See RES JUDICATA.
"[T)he prinCipal distinction between claim preclusion and
issue preclusion is ... that the former forecloses litigation
of matters that have never been litigated. This makes it
important to know the dimensions of the 'claim' that is
foreclosed by bringing the first action, but unfortunately
no precise definition is possible." Charles Alan Wright, The
Law of Federal Courts  100A, at 723 (5th ed. 1994).
claim-property bond. See repleVin bond under BOND
(2).
claims adjuster. See ADTt:STER.
claims-consciousness, n. The quality characterizing a
legal culture in which people have firm expectations of
justice and are willing to take concrete steps to see that
justice is done <claims-consciousness in the United
States has resulted from certain social changes, not
from any character deficiency>. -Also termed rights
consciousness. claims-conscious, adj.
claims court. See court ofclaims under COURT.
Claims Court, U.S. See UNITED STATES COURT OF
FEDERAL CLAIMS.
claims-made policy. See INSURANCE POLICY.
claim the floor. Parliamentary law. To address the chair
for the purpose ofbeing recognized as entitled to speak.
See FLOOR (1).
clam (klam), adv. [Latin] Roman & civil law. Secretly;
covertly. _ Under Roman law, an act (such as occupying
or altering the condition ofsomeone else's property)
was committed clam when it was done with the intent
to conceal it in an effort to avoid liability. See INTER
DICTUM QUOD VI AUT CLAM.
clamea admittenda in itinere per attornatum (klay
mee-<"l ad-m<"l-ten-d<"l in I-tin-<"l-ree p<"lr <l-tor-nay-t<lm).
[Latin "claim to be admitted at the eyre by an attorney"]
Rist. A writ from the king commanding the justices
in eyre to permit by attorney the claim of a person
employed in the king's service who cannot attend court
in person.
clameur de haro (klah-m;}r dah-roh). [French] An
outcry recognized in the Channel Islands as a protest
against trespass to land. -The clameur de haro is a
legal remnant ofwhen the Duchy ofNormandy held the
islands before England took control in the 13th century.
The victim's cry ofharo (repeated 3 times) is popularly

supposed to be an abbreviation of Ha Rollo, the first
Duke of Normandy. The full cry, Haro, Haro, Haro, a
I'aide, man prince, on mefait tort, when registered at
the local records office, enjoins the offender from pos
sessing the land. See HARROW; HUE AND CRY; GRAND
COUTUMIER DE PAYS ET DUCHE DE NORMANDIE.
clamor. 1. Hist. A lawsuit; a claim. 2. HUE AND CRY (1).
3. Civil law. A claimant. 4. Civil law. The thing claimed
from another.
clandestine (klan-des-tin), adj. (16c) Secret or concealed,
esp. for illegal or unauthorized purposes.
clandestine marriage. See MARRIAGE (1).
clare constat (klair-ee kon-stat). [Law LatinJ Scots law.
It clearly appears . The phrase referred to a precept,
later a writ, for the grant of seisin to a vassal's heir,
so called because the opening lines in the declaration
stated that it clearly appeared that the grantee was the
proper heir.
"A Precept of Clare Constat is a deed executed by a sub
ject-superior, for the purpose of completing the title of
his vassal's heir to the lands held by the deceased vassal,
under the g ranter of the precept .... The precept of clare
constat proceeded on any evidence, whether judicial or not,
which satisfies the superior that the person claiming the
entry is heir of the last vassal." William Bell, Bell's Diction
ary and Digest of the Law ofScotland 185 (George Watson
ed., 7th ed. 1890).
Clarity. An international association of lawyers and
other professionals who advocate plain language in
legal and official documents . Founded in 1983, it has
members in more than 25 countries and a system of
country representatives. It publishes a journal called
Clarity.
class, n. (17c) 1. A group of people, things, qualities, or
activities that have common characteristics or attri
butes <a class of common-stock shares> <the upper
middle class>.
protected class. A class ofpeople who benefit from pro
tection by statute, such as Title VII ofthe Civil Rights
Act of1964, which prohibits discrimination based on
race, sex, national origin, or religion. [Cases: Civil
Rights <:-.~1007, 1107, 1152, 1165.]
2. 'lbe order or rank in which people or things are
arranged <she flew first class to Chicago>. 3. A group
of people, uncertain in number <a class of beneficia
ries>.
testamentary class (tes-ta-men-td-ree or -tree). (1865)
A group ofbeneficiaries who are uncertain in number
but whose number will be ascertainable in the future,
when each will take an equal or other proportionate
share of the gift. [Cases: Wills C=>521.]
4. Civil procedure. A group of people who have a
common legal position, so that all their claims can be
efficiently adjudicated in a Single proceeding <a class
ofasbestos plaintiffs>. [Cases: Federal Civil Procedure
161-189; Parties C::>35.1.]
opt-out class. A plaintiff class, certified under Federal
Rule of Civil Procedure 23(b)(3), from which class
members may choose to exclude themselves ifthey do not want to be bound by the decisions or settlements
reached in the case . Rule 23(e) permits courts to
dismiss class members who request exclusion. Class
members mav wait until the settlement's terms are
announced before choosing to opt out. [Cases: Federal
Civil Procedure C:~)180.]
settlement class. (1971) Numerous similarly situated
people for whom a claimant's representative and an
adversary propose a contract specifying the payment
terms for the class members' claims in exchange for
the release of all claims against the adversary .
During the 1980$ and 1990s, mass-tort defendants
began using settlement classes as a means of fore
closing claims by some unknown number ofexisting
and future claimants. See, e.g., Amchem Prods. Inc. v.
Windsor, 521 U.S. 591, 117 S.Ct. 2231 (1997)_ [Cases:
Compromise and Settlement C=>67; Federal Civil
Procedure C=> 161.1.J
class action. (1909) A lawsuit in which the court autho
rizes a Single person or a small group of people to
represent the interests of a larger group; specif., a
lawsuit in which the convenience either of the public
or of the interested parties requires that the case be
settled through litigation by or against only a part of
the group of similarly situated persons and in which a
person whose interests are or may be affected does not
have an opportunity to protect his or her interests by
appearing personally or through a personally selected
representative, or through a person specially appointed
to act as a trustee or guardian . Federal procedure has
several prerequisites for maintaining a class action: (1)
the class must be so large that individual suits would be
impracticable, (2) there must be legal or factual ques
tions common to the class, (3) the claims or defenses
ofthe representative parties must be typical ofthose of
the class, and (4) the representative parties must ade
quately protect the interests of the class. Fed. R. Civ.
P. 23. Also termed class suit; representative action.
[Cases: Federal Civil Procedure (;:::> 161-189; Parties
C=>35.1-35.89.]
"The class action was an invention of equity ... mothered
by the practical necessity of providing a procedural device
so that mere numbers would not disable large groups of
individuals, United in interest, from enforcing their equi
table rights nor grant them immunity from their equitable
wrongs. .. By rule 23 the Supreme Court has extended
the use of the class action device to the entire field of
federal civil litigation by making it applicable to all civil
actions." Montgomery Ward & Co. v. Langer; 168 F.2d 182,
187 (8th Or. 1948).
hybrid class action. (1937) Hist. A type of action in
which the rights to be enforced were several and
varied, but the object was to adjudicate claims that
affected or might have affected the specific property
in the action. [Cases: Federal Civil Procedure <:-.~166;
Parties C=>35.19.]
spurious class action. Hist. A former category ofclass
action in which the interests of class members are
several, not interdependent, and joinder is allowed to
avoid multiplicity ofsuits. [Cases: Federal Civil Pro
cedure C=> 166; Parties <8=;>35.19.]

class-based animus. See ANIMUS (1).
class director. See DIRECTOR.
class gift. See GIFT.
classification. See CHARACTERIZATION (1).
classification ofpatents. Patents. 1. The sorting ofinven
tions by type into broad classes and narrow subclasses,
as an aid in patent searches. 2. Anyone of the several
classes into which the inventions are sorted. Also
termed (in both senses) office classification; (in sense
2) field ofinvention; (in sense 2) field ofsearch. [Cases:
Patents (::::>97.1
classified board of directors. See staggered board of
directors under BOARD OF DIRECTORS.
classified information. Data or material that, having
been designated as secret or confidential, only a limited
number ofauthorized persons may know about.
classified risk. See RISK.
classified tax. See TAX.
class legislation. See local and speciallegislatiorl under
LEGISLATION.
class lottery. See Dutch lottery under LOTTERY.
class ofstock. A category ofcorporate shares used when
more than one type of stock is issued. See preferred
stock and common stock under STOCK. [Cases: Corpo
rations (;:::062.]
class-one insured. See INSURED.
class rate. See RATE.
class representative. See REPRESENTATIVE.
class suit. See CLASS ACTION.
class-two insured. See INSURED.
class voting. See VOTING.
clausa rebus sic stantibus (klawz-,) ree-b<ls sik stan
t,)-b,)s). [Law Latin] Int'llaw. 1. A treaty provision
stating that the treaty is binding only as long as the
circumstances in existence when the treaty was signed
remain substantially the same. 2. A doctrine by which
the law supplies such a provision to a treaty that does
not expressly contain one; REBUS SIC STANTIBUS .
The doctrine may be invoked when a fundamental
change in circumstances (1) alters the essential basis
for the parties' consent to be bound by the treaty, and
(2) radically transforms the extent of the parties' per
formances under the treaty. But the doctrine does not
apply to treaties establishing geographic boundaries.
Vienna Convention on the Law ofTreaties art. 62 (1155
U.N.T.S. 331,8 I.L.M. 679 (1969)). Often shortened
to clausa. Also termed clausula rebus sic stantibus;
clausula.
clause, n. (13c) 1. A distinct section or provision of a legal
document or instrument. 2. ITEM (3). -clausal, adj.
confidentiality clause. A clause prohibiting the parties
to an agreement from discloSing to nonparties the
terms of the agreement and, often, anything related to the formation of the agreement. -Also termed
nondisclosure clause; no-talk provision.
enabling clause. The part of a statute or constitu
tion that gives governmental officials the power and
authority to put the law into effect and to enforce it.
Cf. enacting clause.
enacting clause. (17c) The part of a statute stating the
legislative authority by which it is made and often
the date when it will take effect.  A typical enacting
clause begins with the words "Be it enacted that ...."
The enacting clause of a federal statute is, "Be it


use begins with the words "Be it enacted that ...."
The enacting clause of a federal statute is, "Be it
enacted by the Senate and House of Representatives
of the United States of America in Congress assem
bled." Some state constitutions specify the enacting
clause for legislation, without which the legislation
is void. In codifications of statutes, enacting clauses
generally appear not in the text of the statutes but
in historical or legislative notes. Cf. enabling clause.
[Cases: Statutes (::::>210.)
introductory clause. See EXORDIUM.
nondisclosure clause. See confidentiality clause.
nondisparagement clause. 1. A contractual provision
prohibiting the parties from publicly communicating
anything negative about each other. 2. Family law.
A provision in a divorce decree, marital settlement
agreement, parenting agreement, or similar document
prohibiting either parent from criticizing the other
parent in the presence oftheir child or children.
operative clause. A provision under an enacting or
resolving clause; a provision that is not a mere recital
or preamble. See resolving clause.
partial-release clause. A provision in a mortgage or
trust deed allowing a certain property or portions
of a property to be removed from the effect of a lien
in exchange for an agreed payment.  This clause is
often found in mortgages or trust deeds for proper
ties covered by blanket liens, such as subdivisions or
condominiums. [Cases: Mortgages (::::>310.]
pay-if-paid clause. In a construction contract, a provi
sion that makes the general contractor's payment to
the subcontractor for work performed contingent on
whether the property owner pays the general contrac
tor for the work.  The subcontractor must assume
the risk of nonpayment if the owner fails to pay the
general contractor. Courts in some states have held
that this risk-shifting violates public policy. Cf. pay
when-paid clause. [Cases: Contracts (::::>221(3).]
pay-when-paid clause. In a construction contract,
a provision requiring a general contractor to pay
a subcontractor within a specified period of time
after the property owner pays the general contrac
tor. A minority of courts have held that the sub
contractor bears the risk ofnonpayment ifthe owner
becomes insolvent. But because the general contractor
normally bears the risk of nonpayment, most courts
hold that a subcontractor is entitled to payment for
work done despite the owner's insolvency. Cf. pay-if
paid clause. [Cases: Contracts (::::>221(3).]

resolving clause. The clause that introduces a resolu
tion's operative text, usu. beginning with "Resolved,
That ...."  A resolving clause is comparable to a stat
ute's enacting clause.- Also termed operative clause.
See enacting clause; RESOLUTION (1). Cf. PREAMBLE
(1).
strong-arm clause. A provision of the Bankruptcy Code
allowing a bankruptcy trustee to avoid a security
interest that is not perfected when the bankruptcy
case is filed. 11 USCA  544(a)(1). [Cases: Bankruptcy
(;:::::>2571-2588,2704,2705.)
title-object clause. A provision in a state constitution
rendering a statute unconstitutional ifthe contents of
the statute are not reasonably reflected in the title or
the statute has more than one object.  The purpose
of the clause is to ensure that the public and legisla
ture have notice of the content oflegislation. [Cases:
Statutes 105, 107.)
whereas clause. 1. See RECITAL (2). 2. See PREAMBLE
(1).
claused bill oflading. See BILL OF LADING.
clause ofaccrual. A provision, usu. found in a gift by will
or in a deed between tenants in common, that grants a
predeceasing beneficiary's shares to the surviving ben
eficiary. Also termed clause ofaccruer.
clause paramount. Maritime law. A provision in a
charterparty that specifies what jurisdiction's law
will govern the agreement, typically incorporating
the Carriage of Goods by Sea Act into the charter.
See CHARTERPARTY; CARRIAGE OF GOODS BY SF.A ACT.
[Cases: Shipping C=)39(1).]
clause potestative (poh-tes-tay-tiv). French law. A con
tractual provision in which one party reserves the right
to annul the contract.
clause rolls. Hist. Sealed rolls containing royal writs
(close writs) and other documents that the sovereign
deemed inappropriate for the public record. -Also
termed close rolls. See close writ under WRIT.
clausula (klawz-YJ-b), n. [Latin) A clause; a sentence or
part ofa sentence in a written instrument or statute.
clausula codicillaris (klawz-YJ-b kod-J-si-Iair-is).
[Latin] Roman law. A codicillary clause; a codicil that,
having been confirmed by a will (even in advance),
operated as part ofthe wilL. An unconfirmed codicil
created directives that could be effective even in the
absence or failure of a will. See FIDEICOMMISSUM.
clausula derogativa (klawz-YJ-IJ dJ-rog-J-tI-VJ).
[Latin] See DEROGATORY CLAUSE.
clausula derogatoria (klawz-YJ-IJ dJ-rog-J-tor-ee-J).
See DEROGATORY CLAUSE.
clausula rebus sic stantibus (klawz-YJ-IJ ree-bJs sik
stan-tJ-bJs). See CLAUSA REBUS SIC STANTIBUS.
clausula tenoris (klawz-YJ-b te-nor-is). [Law Latin)
Hist. The clause of tenure -that is, the clause in a
charter describing the nature of a tenure. clausum (klawz-Jm). [Latin "close; closed") Hist. 1.
CLOSE (1). -Also termed clausum. 2. See close writ
under WRIT.
clausum fregit (klawz-Jm free-jit). [Latin "he broke
the close"] See trespass quare clausum fregit under
TRESPASS.
clausura (klaw-zhuur-a). See CLAUSUM (1).
clawback, n. (1953) 1. Money taken back. 2. The retrieval
or recovery oftax allowailces by additional forms of
taxation. -claw back, vb.
claw-back option. The right to require repayment of
funds earmarked for a specific purpose if the funds
are disbursed for another purpose or in a manner
inconsistent with the document governing the speci
fied purpose.
Clayton Act. A federal statute enacted in 1914 to
amend the Sherman Act -that prohibits price dis
crimination, tying arrangements, and exclUSive-dealing
contracts, as well as mergers and interlocking director
ates, if their effect might substantially lessen competi
tion or create a monopoly in any line ofcommerce. IS
USCA  12-27. [Cases: Antitrust and Trade Regula
tion (;:::::>524, 614.)
Cl. Ct. abbr. Court of Claims. See UNITED STATES COURT
OF FEDERAL CLAIMS.
CLE. abbr. CONTINUING LEGAL EDUCATION.
clean hill. See BILL (3).
clean bill oflading. See BILL OF LADING.
clean draft. See DRAFT.
clean-hands doctrine. (1914) The principle that a party
cannot seek equitable relief or assert an equitable
defense if that party has violated an equitable prin
ciple, such as good faith . Such a party is described
as having "unclean hands." For example, section 8 of
the Uniform Child Custody Jurisdiction Act contains
an unclean-hands provision that forbids a court from
exercisingjurisdktion in a child-custody suit in certain
situations, as when one party has wrongfully removed
a child from another state, has improperly retained
custody of a child after visitation, or has wrongfully
removed a child from the person with custody. The
clean-hands doctrine evolved from the discretionary
nature of eqUitable relief in English courts of equity,
such as Chancery. -Also termed unclean-hands
doctrine. [Cases: Equity (;:::::>65.]
dean house, vb. Slang. 1. To discharge a considerable
number ofemployees, usu. in management, so that new
employees may be brought in. 2. To sell securities not
meeting an investor's requirements.
clean letter ofcredit. See LETTER OF CREDIT.
clean-slate rule. Criminal procedure. The doctrine that
the double-jeopardy prohibition does not apply to
the retrial of a defendant who appealed and obtained
a reversal of an earlier conviction. [Cases: Double
Jeopardy (;:::::> 107.1.]

287
cleanup clause. In a loan agreement, a clause that calls
for the loan to be repaid in full within a given period,
after which no further loans will be afforded to the
debtor for a specified "cleanup" period.
cleanup doctrine. The jurisdictional principle that once
an equity court has acquired jurisdiction over a case,
it may decide both equitable and legal issues as long
as the legal issues are ancillary to the equitable ones.
[Cases: EquityC'J39.j
clear, adj. 1. Free from encumbrances or claims. 2. Free
from doubt; sure. 3. Unambiguous.
clear, vb. (IS.c) 1. To acquit or exonerate <she was cleared
of all wrongdoing>. 2. (Of a drawee bank) to pay (a
check or draft) out offunds held on behalf of the maker
<the bank cleared the employee's check>. 3. (Of a check
or draft) to be paid by the drawee bank out of funds
held on behalf of the maker <the check cleared yester
day>. 4. Maritime law. To settle (customs, harbor dues,
etc.) and obtain official permission to leave the port.
clearance. 1. Maritime law. The right of a ship to leave
port, or the certificate issued by the port collector evi
dencing the ship's right to leave port. [Cases: Shipping
15.] 2. The time that must elapse between runs
of the same movie within a particular area; a theater's
exclusive right ofexhibition over competing theaters.
clearance card. A letter given by an employer to a depart
ing employee, stating the duration and nature of the
employment and the reasons for leaving. The clear
ance card is not necessarily a recommendation.
clear and convincing evidence. See EVIDENCE.
clear and convincing proof. See clear and convincing
evidence under EVIDENCE.
clear-and-present-danger test. (1939) Constitutional
law. 'The doctrine allowing the government to restrict
the First Amendment freedoms of speech and press
if necessary to prevent immediate and severe danger
to interests that the government may lawfully protect.
 This test was formulated by Justice Oliver Wendell
Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct.
247 (1919). -Also termed clear-and-present-danger
doctrine. [Cases: Constitutional Law (;:::'; 1529.)
"The 'clear and present danger' doctrine is concerned
with distinguishing protected advocacy from unprotected
incitement of Violent or illegal conduct .... The conven
tional wisdom of the day was that speech was punishable
as an attempt if the natural and reasonable tendency of
what was said would be to bring about a forbidden effect.
In addition, the criminal defendant must have used the
words with an intent to bring about that effect, although
such specific intent could be inferred from the tendency
of the words on the presumption that one intends the
consequences of one's speech. The formula announced
by Justice Holmes easily fits within this framework. The
question in every case is whether the words used are used
in circumstances and are of such a nature as to create a
clear and present danger that they will bring about the
substantive evils that Congress has a right to prevent,'''
laurence H. Tribe, American Constitutional Law 608 (1978)
(quoting Schenck v. United States, 249 U.S. 47, 52. 39 S.Ct.
247,249 (1919). clear-reflection-of-income standard
dear and unmistakable error. See clear error under
ERROR (2).
clear annual value. See VALUE (2).
dear chance. See LAST-CLEAR-CHANCE DOCTRINE.
clear day. See DAY.
clear error. See ERROR (2).
Clearfield Trust doctrine. (1957) The doctrine describ
ing the federal courts' power to make federal common
law when there is both federal lawmaking power to do
so and a strong federal interest in a nationally uniform
rule. Clearfield Trust Co. v. United States, 318 U.S. 363,
63 S.Ct. 573 (1943). Cf. ERIE DOCTRINE. [Cases: Federal
Courts (;:::,;374.]
clearing. 1. Banking. The exchanging ofchecks and bal
ancing ofaccounts. 2. Maritime law. The departure of
a ship from port, after complying with customs, health
laws, and other local regulations. See CLEARANCE (1).
[Cases: Shipping C~J7, 15.)
clearing account. Banking. An account (usu. a temporary
one) containing amounts to be transferred to another
account before the end ofan accounting period.
clearing agency. See clearing agent under AGENT (2).
clearing agent. See AGENT (2).
clearing agreement. A contract designed to facilitate the
collective settlement of monetary claims between cred
itors and debtors in different currency areas, without
resort to foreign-exchange reserves.
clearing corporation. See CORPORATION.
clearinghouse. (ISc) 1. A place where banks exchange
checks and drafts and settle their daily balances;
an


house. (ISc) 1. A place where banks exchange
checks and drafts and settle their daily balances;
an association of banks or other payors regularly
clearing items. See UCC  4-104(a)(4). [Cases: Banks
and Banking(::=3IS-323.]2. A stock-and-commodity
exchange where the daily transactions of the brokers
are cleared. 3. Any place for the exchange ofspecialized
information. -Also written clearing house .
clearing loan. See LOAN.
clearings. Banking. Checks or other items drawn on a
local bank and presented for payment through a clear
inghouse or directly to the drawee bank. See CLEAR
INGHOUSE (1). [Cases: Banks and Banking 137,168,
320.]
clearly-erroneous standard. (1950) The standard of
review that an appellate court usu. applies in judging
a trial court's treatment offactual issues . Under this
standard, a judgment will be upheld unless the appel
late court is left with the firm conviction that an error
has been committed. [Cases: Appeal and Error
1008.1(5), 1009(1); Criminal Law (;::::> 1158.1.)
clear market value. See fair market value under VALUE
(2).
clear-reflection-of-income standard. (1972) Tax. An
income-accounting method that the IRS can force on
a taxpayer if the method used does not clearly reflect

income. IRC (26 USC A)  446(b). [Cases: Internal
Revenue e:-~3095, 3103.J
clear residue. The income deriving from funds used to
pay a decedent's debts, administration expenses, and
general legacies. Also termed true residue.
clear title. See TITLE (2).
clear-to-use search. See INFRINGEMENT SEARCH.
clear value. See VALUE (2).
clear-view doctrine. See PLAIN-VIEW DOCTRINE.
clemency (klem-an-see), n. (15c) Mercy or leniency; esp.,
the power of the President or a governor to pardon a
criminal or commute a criminal sentence. -Also
termed executive clemency. See PARDON; COMMUTA
TION. [Cases: Pardon and Parole (;::::>21.J -clement
(klem-cmt), adj.
Clementines (klem-an-tinz or -trnz or -teenz). Eccles.
law. A collection of decretals of Pope Clement V, pub
lished in 1317 by his successor, Pope John XXII, and
forming the fourth ofthe six parts of the Corpus Juris
Canonici, completed in 1502. Also termed Clemen
tine Constitutions.
clergy, benefit of. See BENEFIT OF CLERGY.
clergyable, adj. Archaic. 1. (Ofan offense) not triable if
benefit ofclergy is claimed. 2. (Ofa person) eligible to
claim benefit ofclergy.
clergyman-penitent privilege. See priest-penitent privi
lege under PRIVILEGE (3).
clergy privilege. See BENEFIT OF CLERGY (1).
clericale privilegium (kler-3-kay-Iee priv-3-1ee
jee-am). [Law Latin "clerical privilege"J See BENEFIT
OF CLERGY.
clerical error. See ERROR (2).
clerical misprision. See MISPRISION.
clerid de cancellaria (kler-3-s1 dee kan-sa-Iair-ee-a).
[Law Latin "clerks ofthe chancery"] Cursitors. Also
termed clerici de cursu. See CURSITOR.
clerici praenotarii (kler-d-sI pree-nd-tair-ee-I). [Law
Latin "prenotary clerks"] See SIX CLERKS.
derico capto per statu tum mercatorium. See DE CLERICO
CAPTO PER STATUTUM MERCATORIUM DELIBERANDO.
clerico convicto commisso gaolae in defectu ordinarii
deliberando (kler-3-koh kan-vik-toh kd-mis-oh jay
[d]-lee in di-fek-t[y]oo di-lib-d-ran-doh). [Law Latin
"for delivering a cleric convicted and committed to gaol
in defect of his ordinary"] Hist. A writ ordering the
delivery ofa clerk to the ordinary (Le., a superior) after
the clerk was convicted ofa felonv, and without the
ordinary's questioning the clerk's right to claim benefit
of clergy. -Also termed de clerico convicto commisso
gaolae in defectu ordinarii deliberando. See ORDINARY
(1); BENEFIT OF CLERGY (1).
derico infra sacros ordines constituto, non eligendo in
officium. See DE CLERICO INFRA SACROS ORDINES CON
STITUTO, NON ELIGENDO IN OFFICIUM. dericus (kler-d-kds). [Law Latin "clergyman"] Hist. 1.
Eccles. law. A person in holy orders; a priest or deacon.
2. A court clerk or officer of the royal household. 3.
AMANUENSIS.
clericus mercati (kler-3-kas mdr-kay-tI). [Law LatinJ See
CLERK OF THE MARKET.
clerk, n. (bef. 12c) 1. A public official whose duties
include keeping records or accounts.
dty clerk. A public official who records a city's official
proceedings and vital statistics. [Cases: Municipal
Corporations (;::::> 170.]
town clerk. An officer who keeps the records, issues
calls for town meetings, and performs the duties ofa
secretary to the town's political organization. [Cases:
Towns C.::~'30.1
2. A court officer responsible for filing papers, issuing
process, and keeping records of court proceedings as
generally specified by rule or statute. -Also termed
clerk ofcourt. [Cases: Clerks ofCourts
district derk. The clerk ofa district court within a state
or federal system. See district court under COURT.
[Cases: Clerks ofCourts (;::::> 1.]
3. An employee who performs general office work. 4. A
law student or recent law-school graduate who helps a
lawyer or judge with legal research, writing, and other
tasks. -Also termed law clerk; extern; or (depending
on the time ofyear) summer clerk; summer associate.
See INTERN. [Cases: Courts (>55.] 5. A lawyer who
assists a judge with research, writing, and case man
agement. -Also termed briefing attorney; research
attorney; staffattorney. [Cases: Courts (;::::>55.]
"[Mlodern American judging in all courts of national sig
nificance -the federal courts and the more prominent
state appellate courts -staggers along despite the burden
of bloated caseloads and the shortcomings of distinctly
human judges only by the delegation of a great deal of the
labor ofjudging to law clerks: subordinate, anonymous,
but often quite powerful lawyers who function as the non
commissioned officers in the army of the jUdiciary." John
Bilyeu Oakley & Robert S. Thompson, Law Clerks Clnd the
Judicial Process 2 (l980).
elbow clerk. An individual judge's personal clerk; esp.,
one who works closely with the judge. The name
derives from the metaphoric expectation that the
clerk is always at the judge's elbow.
pool clerk. A clerk who does not work for only one
judge but performs a range ofduties for several judges
or for the entire court.
6. Hist. A cleric.
"Eventually the rule was established that 'clerks' of all
kinds, who committed any of the serious crimes termed
felonies, could be tried only in an ecclesiastical court, and
therefore were only amenable to such punishments as
that court could inflict. Any clerk accused of such crime
was accordingly passed over to the bishop's court. He was
there tried before ajury of clerks by the oaths of twelve
compurgators; a mode of trial which usually ensured him
an acquittal." J,W. Cecil Turner. Kenny's Outlines ofCriminal
Law 75 (16th ed. 1952).
7. SECRETARY (3).

reading clerk. A legislative officer charged with reading
bills to the body.
derk, vb. To work as a clerk <she clerked for a Chicago
law firm last summer>.
derk of arraigns (J-raynz). Hist. A deputy of the clerk
of assize responsible for arraigning defendants and
putting the formal questions to the jurors as they
deliver their verdict.  The office was abolished in
England in 1946.
derk of assize (J-SIZ). Hist. An assize associate respon
sible for record-keeping and other clerical and admin
istrative fllnctions. See ASSOCIATE (3).
derk of court. See CLERK (2).
derk ofenrollments. Hist. The former chief of the Enroll
ment Office, which the British Parliament abolished in
1879, reassigning its duties to the Central Office. See
ENROLLMENT OFFICE; CENTRAL OFFICE.
clerk ofindictment. Hist. An officer of England's Central
Criminal Court, responsible for preparing indictments
and assisting the Clerk of Arraigns. The office was
abolished in 1946, when its duties were moved to the
Central Office. See CENTRAL OFFICE.
Clerk of Nichils. See NICHIL.
clerk ofrecords and writs. Hist. An officer ofthe English
Court of Chancery responsible for filing documents
and sealing bills of complaint and writs of execution.
 The office was abolished in 1879, when its duties were
moved to the Central Office. See CENTRAL OFFICE.
derk of the corporation. See SECRETARY (2).
Clerk of the Crown in Chancery. The head of the per
manent staff of the Crown Office in Chancery (of the
Central Office), responsible for reading the title ofBills
in the House of Lords, sending out writs of summons
to peers, and issuing election writs.
. Clerk of the House of Commons. An officer of the
House ofCommons who keeps the House journal, signs
orders, indorses bills sent to the House of Lords, and
has custody ofall records . The Clerk is appointed for
life by the Crown.
derk ofthe market. Hist. 'The overseer of a public market,
responsible for witnessing oral contracts, inquiring into
weights and measures, measuring land, and settling
disputes between people dealing there . The office has
become obsolete as a result ofvarious statutes regulat
ing weights and measures.
Clerk of the Parliaments. The principal permanent
official of the House of Lords, responsible for the
House's minutes and documents, and for advising the
members on procedure.
Clerk of the Peace. Hist. An officer of the Quarter
Sessions responsible for maintaining the courts'
records, preparing indictments, entering judgments,
issuing process, and other clerical and administra
tive functions . The office was abolished in England
in 1971, when the Quarter Sessions' jurisdiction was transferred to the Crown Courts. See quarter session
under SESSION (1).
Clerk of the Pells. Hist. An Exchequer officer who
entered tellers' bills on the parchment rolls (pells), one
for receipts and the other for disbursements. -Also
termed Master of the Pells.
Clerk of the Pipe. Hist. An Exchequer officer respon
sible for the Pipe Rolls . The office was abolished in
1833. -Also termed Engrosser of the Great Roll. See
PIPE ROLLS.
Clerk of the Privy Seal (priv-ee sed). Hist. An officer
responsible for preparing documents for the Lord Privy
SeaL _ The use of the Privy Seal was abolished in 1884.
See PRIVY SEAL.
Clerk of the Signet (sig-nit). Hist. An officer who kept
the privy signet and attended the sovereign's principal
secretary. The signet was used to seal royal letters
and other documents not requiring the Great Seal of
the Realm. The office was abolished in England in 1851.
See great seal (3) under SEAL; PRIVY SIGNET.
clerkship. (1836) 1. An internship in which a law student
or recent law-school graduate assists a lawyer or judge
with legal writing, research, and other tasks . In many
common-law jurisdictions, recent law-school graduates
are required to complete clerkships as a condition of
admission to the bar. [Cases: Courts 2. Hist. A
law student's employment as an attorney's apprentice
before gaining admission to the bar. Until shortly
before World War II, a person could be admitted to the
bar in many states without attending law school merely
by passing the bar exam.
derk's record. See RECORD (4).
dick fraud. See FRAUD.
dick-wrap agreement. See POINT-AND-CLICK AGREE
MENT.
dick-wrap license. See POINT-AND-CLICK AGREEMENT .
cliens (kh-enz), n. [Latin "client") Roman law. A depen
dent; a person who depended on another for defense in
suits at law and other difficulties . A c/iens was often a
freed slave or immigrant. PI. clientes (kh-en-teez).
dient, n. (14c) A person or entity that employs a profes
sional for advice or help in that professional's line of
work. cliental, adj.
client control. The influence that a lawyer has over his
or her client, esp. in relation to positions taken, deci
sions made, and general conduct with other parties
and their attorneys . Lawyers whose clients behave
irrationally, as by acting vindictively or refusing even
generous settlement offers, are said to have little or no
client control.
clientela (kh-,m-tee-lJ), n. [Latin] Roman law. 1. Client
ship; the


clientela (kh-,m-tee-lJ), n. [Latin] Roman law. 1. Client
ship; the relationship between a cliens and a patron. 2.
A person's dependents.
client-security fund. See FUND (1).
client's privilege. See attorney-client privilege under
PRIVILEGE (3).

client state. See STATE.
client trust account. A bank account, usu. interest -bear
ing, in which a lawyer deposits money belonging to a
client (e.g., money received from a client's debtor, from
the settlement of a client's case, or from the client for
later use in a business transaction). -Also termed trust
account. [Cases: Attorney and Client 120.]
Clifford trust. See TRUST.
clinch, vb. Parliamentary law. To preclude further
action on (an adopted motion or series of motions) by
moving at once for reconsideration and then defeat
ing that motion . The clincher motion in a legislative
body usu. takes the form of a motion to "reconsider
and lay on the table [the motion to reconsider]." Since
the motion has just been debated and passed, there
are almost always enough votes to defeat a motion to
reconsider. clincher, n.
clinical diagnosis. See DIAGNOSIS.
clinical legal studies. (1972) Law-school training in
which students participate in actual cases under the
supervision of a practicing attorney or law professor.
 This training was first introduced in the late 19608
under the leadership of Gary Bellow and others. It
provided law students with a substitute for traditional
apprenticeship programs. Often shortened to clinical
studies. Cf. CLERKSHIP (1).
clinical pneumoconiosis. See PNEUMOCONIOSIS.
clog on the equity of redemption. An agreement or
condition that prevents a defaulting mortgagor from
getting back the property free from encumbrance upon
paying the debt or performing the obligation for which
the security was given. See EQUITY OF REDEMPTION.
[Cases: Mortgages (;::>591(3).J
close, n. (14c) 1. An enclosed portion of land. 2. The
interest of a person in a particular piece of land,
enclosed or not. 3. The final price of a stock at the end
of the exchange's trading day.
dose, vb. (13c) 1. To conclude; to bring to an end <the
case was closed>. 2. To conclude discussion or negotia
tion about <close on a house>. See CLOSING.
close-connectedness doctrine. A doctrine used by
some courts to deny an assignee of a negotiable note
holder-in-due-course status if the assignee is too closely
connected to the original holder-mortgagee. Also
termed close-connection doctrine. [Cases: Bills and
Notes
close corporation. See CORPORATION.
dosed, adj. (Be) L (Of a class or organization) confined
to a limited number <a closed mass-tort class>
<nonunion workers were excluded from the closed
shop>. 2. (Of a proceeding or gathering) conducted
in secrecy <a closed hearing> <a closed shareholders'
meeting>.
dosed account. See ACCOUNT.
dosed adoption. See ADOPTIO!'<.
closed brief. See BRIEF. closed corporation. See close corporation under COR
PORATION.
closed court. 1. Hist. The English Court of Common
Pleas, open only to serjeants-at-law . The monopoly
of the serjeants-at-law was abolished in 1845. 2. See
closed session (2) under SESSION (1). 3. See closed session
(3) under SESSION (1).
close debate. Parliamentary law. To pass a motion that
ends debate and amendment of a pending question
or series of questions . The synonymous shorthand
"previous question," a somewhat archaic and mislead
ing term that several parliamentary manuals still use
for this motion, has evolved over time. Two centuries
ago, the motion was invented for suppressing an unde
sirable debate: if the original form "Shall the main
question be put?" passed in the negative, then the
body immediately stopped considering the pending
question. The motion's form later became "that the
main question shall now be put," which if passed in
the affirmative brought the pending question to an
immediate vote, and if passed in the negative had no
effect. -Also termed vote immediately. See CLOTURE.
Cf. EXTEND DEBATE; LIMIT DEBATE .
dosed-ended claim. See PATENT CLAIM.
closed-end fund. See MUTUAL FUND.
closed-end mortgage. See MORTGAGE.
dosed-end mortgage bond. See BOND (3).
dosed insurance contract. See closed policy under
INSURANCE POLlCY.
closed memorandum. See MEMORANDUM.
dosed mortgage. See closed-end mortgage under
MORTGAGE.
closed nonunion shop. See SHOP.
closed policy. See INSURANCE POLICY.
closed session. See SESSION (1).
closed shop. See SHOP.
dosed-shop contract. A labor agreement requiring an
employer to hire and retain only union members and
to discharge nonunion members. See closed shop under
SHOP. [Cases: Labor and Employment ~--::> 1264.J
dosed source, adj. Of or related to software that does
not include the source code and cannot be modified
without either damaging the program or violating the
software developer's ownership rights . Proprietary
software is usu. dosed source.
dosed testament. See mystic will under WILL.
closed transaction. See TRANSACTION.
closed trial. See TRIAL.
closed union. See UNION.
, dosed union shop. See closed shop under SHOP.
dosed-universe memo. See closed memorandum under
ME.\lORANDUM.
dosed will. See mystic will under WILL.
close-jail execution. See EXECUTION.

291
closely held corporation. See close corporation under
CORPORATION.
close-nexus test. See NEXUS TEST.
close nominations. Parliamentary law. To end nomina
tions from the floor by passage of a motion.
close rolls. See CLAUSE ROLLS.
close writ. See WRIT.
closing. The final meeting between the parties to a trans
action, at which the transaction is consummated; esp.,
in real estate, the final transaction between the buyer
and seller, whereby the conveyancing documents are
concluded and the money and property transferred.
Also termed settlement. Cf. settlement date (3) under
DATE.
closing agent. See settlement agent under AGENT (2).
dosing agreement. See AGREEMENT.
closing argument. (1828) In a trial, a lawyer's final state
ment to the judge or jury before deliberation begins, in
which the lawyer requests the judge or jury to consider
the evidence and to apply the law in his or her client's
favor. _ After the closing arguments in a jury trial,
the judge ordinarily instructs the jury on the law that
governs the case. -Also termed closing statement;final
argument; jury summation; summing up; summation;
closing argument; (in English law) final submission; (in
English law) final speech. [Cases: Criminal Law
2068; Federal Civil Procedure 1973; Trial
lll.]
closing costs. Real estate. The expenses that must be
paid, usu. in a lump sum at closing, apart from the
purchase price and interest. -These may include taxes,
title insurance, and attorney's fees.
closing ofestate. (1843) Wills & estates. The comple
tion of the administration of a decedent's estate,
brought about by the administrator's distribution of
estate assets, payment oftaxes, and filing of necessary
accounts with the probate court.
closing price. See PRICE.
closing statement. (1875) 1. CLOSING ARGUMENT. 2. A
written breakdown ofthe costs involved in a particular
real-estate transaction, usu. prepared by a lender or an
escrow agent. Also termed settlement sheet; settle
ment statement. Cf. BROKER'S LOAN STATEMENT.
closure. See CLOTURE.
cloture (kloh-char), n. (1871) The procedure of ending
debate in a legislative body and calling for an immedi
ate vote. Also spelled closure. [Cases: United States
(;=\18.] -cloture, vb.
cloud on title. A defect or potential defect in the owner's
title to a piece of land arising from some claim or
encumbrance, such as a lien, an easement, or a court
order. See action to quiet title under ACTIO::>! (4). [Cases:
Quieting Title (;='7.]
CLS. abbr. CRITICAL LEGAL STlJDIES.
CLSer. See CRIT. Coase Theorem
CLU. See chartered life underwriter under UNDER
WRITER.
Club Fed. Slang. A low-security federal prison, usu.
for white-collar criminals, that has a comparatively
informal, relaxed atmosphere and, reputedly, luxury
facilities. -Some sources claim that "Club Fed" prisons
offer weight-lifting equipment, tennis courts, cable tele
vision, computers, musical instruments, and even min
iature golf.
dub-law. Government by dubs (big sticks) or violence;
the use of illegal force in place oflaw.
duster zoning. See ZONING.
CMO. abbr. 1. CASE-MANAGEMENT ORDER. 2. COLLAT
ERALIZED MORTGAGE OBLIGATION.
CMR. abbr. 1. Court of Military Review. See COlJRT OF
CRIMINAL APPEALS (1). 2. COURT-MARTIAL REPORTS.
CN. abbr. Code Napoleon. See NAPOLEONIC CODE (1).
co-. prefix. Jointly or together with <coowner> <code
fendant>.
co. abbr. (usu. cap.) 1. COMPANY. 2. COUNTY.
c/o. abbr. Care of.
COA. abbr. 1. CONTRACT OF AFFREIGHTMENT. 2. CER
TIFICATE OF APPEALABILITY. 3. CAUSE OF ACTION.
coadjutor (koh-d-joo-tar or koh-aj-a-tdr), n. (15c) A
coworker or assistant, esp. one appointed to assist a
bishop who, because of age or infirmity. is unable to
perform all duties of the office. -coadjutor, adj.
co-administrator. Wills & estates. A person appointed
to jointly administer an estate with one or more other
administrators.
co-adventurer. See COVENTURER.
co-agent. See AGENT (2).
coal note. See NOTE (1).
coal notice. In Pennsylvania, a notice that must be
included in deeds and other instruments relating to
the sale of surface property (excepting mortgages or
quitclaim deeds) detailing any severance ofthe owner
ship of coal under the land.
Coase Theorem (kohs). (1968) A proposition in econom
ics describing the relationship between legal rules and
economic efficiency. -The theorem, innovated by
Ronald Coase, holds that if there are no transaction
costs -such as the costs of bargaining or acquiring
information then any legal rule will produce an effi
cient result. Coase's seminal article was The Problem of
Social Cost, 3 J. Law & Econ. 1 (1960).
"Nothing is more central to the study of law and econom
ics nor more responsible for its growth than the Coase
Theorem. What the Coase Theorem says, in effect, is that
in many instances, the assignment of rights by courts or
legal authorities may have little to do with who eventually
possesses those rights. In the words of Mark Kelman, 'the
market, like an untameable river, will knock out attempts
to alter its mighty course.'" Jeffrey L. Harrison, Law and
Economies in a Nutshell 56 (1995).

co-assignee. A person who, along with one or more
others, is an assignee ofthe same subject matter. [Cases:
Assignments (;:::;0 32.]
coastal-state control. Maritime law. The exercise of
authority under international conventions for a state to
stop, board, inspect, and when necessary detain vessels
that are under foreign flags while they are navigating in
the coastal state's territorial waters . The purpose is to
ensure the safety ofthe vessels and to enforce environ
mental regulations. Cf. FLAG STATE-CONTROL; PORT
STATE CONTROL. [Cases: Shipping Cr~8.1
Coast Guard jurisdiction. The law-enforcement author
ity ofthe United States Coast Guard over the high seas
and navigable waters over which the United States has
jurisdiction, including the powers of stopping, search
ing, and seizing property, and arresting persons. See
UNITED STATES COAST GUARD. [Cases: Shipping
8.]
coasting license. Maritime law. A federal permit to
operate a commercial vessel in coastal waters . The
Coasting Act of 1793, which originally created the
licensing requirement, was intended to exclude foreign
vessels from interstate trade and encourage the growth
of American shipping. [Cases: Shipping (~6.1
coasting trade. Maritime law. Commerce among dif
ferent coastal ports or navigable rivers of the United
States, in contrast to commerce carried on between
nations. Also termed coastwise trade. [Cases:
Shipping
coast water. See WATER.
coastwise trade. See COASTING TRADE.
COB clause. Insurance. A coordination-of-benefits
clause, which provides that the total sums paid for
medical and hospital care will not exceed the benefits
receivable from all combined sources of insurance.
[Cases: Insurance (:::::'2525(1).]
COBRA (koh-br;:. abbr. CONSOLIDATED OMNIBUS
BUDGET RECONCILIATION ACT OF 1985.
cockfighting. A traditional bloodsport in which specially
bred and trained gamecocks are equipped with metal
spurs and made to fight in a pen until at least one bird
is killed or injured too seriously to continue fighting .
In the United States, cockfighting was once common in
rural areas. Now considered a form of animal crueltv,
it has been outlawed in every state


ing was once common in
rural areas. Now considered a form of animal crueltv,
it has been outlawed in every state. [Cases: Animals
C::3.5(7).]
coconspirator. (1837) A person who engages in a
criminal conspiracy with another; a fellow conspira
tor. Also spelled co-conspirator. See CONSPIRATOR.
[Cases: Conspiracy Cr'-::> 1.1,23.1,39.]
unindicted coconspirator. (1936) A person who has
been identified by law enforcement as a member ofa
conspiracy, but who has not been named in the fellow
conspirator's indictment . Prosecutors typically
name someone an unindicted coconspirator because
any statement that the unindicted coconspirator has
made in the course and furtherance of the conspiracy is admissible against the indicted defendants. Also
termed unindicted conspirator. [Cases: Criminal Law
(:::::';422-428.]
coconspirator's exception. (1954) An exception to the
hearsay rule whereby one conspirator's acts and state
ments, if made during and in furtherance of the con
spiracy, are admissible against a codefendant even if
the statements are made in the codefendant's absence.
See Fed. R. Evid. 801(d)(2)(E). Also termed cocon
spirator's rule. See HEARSAY. [Cases: Criminal
422-428; Evidence
C.O.D. 	abbr. (1859) 1. Cash on delivery; collect on
delivery . By consenting to this delivery term, the
buyer agrees to pay Simultaneously with delivery and
appoints the carrier as the buyer's agent to receive and
transmit the payment to the seller. With C.O.D. con
tracts, the practice of carriers has traditionally been
to disallow inspection before payment. [Cases: Sales
(;:::;o.S2(3).] 2. Costs on delivery. 3. Cash on demand.
Sometimes written c.o.d. .
CODA. abbr. CASH OR DEFERRED ARRANGEMENT.
code. (ISc) 1. A complete system of positive law, care
fully arranged and officially promulgated; a system
atic collection or revision oflaws, rules, or regulations
<the Uniform Commercial Code> . Strictly, a code is
a compilation not just of existing statutes, but also of
much of the unwritten law on a subject, which is newly
enacted as a complete system oflaw. -Also termed
consolidated laws. See CODIFICATION
"A code is not only a collection of the existing statutory
law, but also of much of the unwritten law on any subject.
and is composed partly of such materials as might be at
hand from all sources -from statutes, cases, and from
customs -supplemented by such amendments, altera
tions, and additions as are deemed by the codifiers neces
sary to harmonize and perfect the existing system. In fact,
in making a code, new laws may be added and old laws
repealed in order to constitute a complete system." William
M. Lile et aI., Brief Making and the Use ofLaw Books 18-19
(3d ed. 1914)
2. (usu. cap.) The collection oflaws and constitutions
made by order of the Roman Emperor Justinian and
first authoritatively published in A.D. 529 (with a second
edition in 534). Contained in 12 books, the Code is
one of four works that make up what is now called the
Corpus Juris Civilis. -Also termed (in sense 2) Legal
Code. See CODEX; CORPUS JURIS CIVILIS.
Code Adam. A procedure used by offices, stores, and
other places to alert people to look for a child who
has become separated from a parent or guardian and
has been reported as missing somewhere within the
building . Typically, a description of the missing child
is broadcast over a paging system. All exits are locked
or closely monitored. If the child is not found within a
short time, the police are called. Many stores, museums,
malls, and amusements parks have adopted some form
of Code Adam. In 2003, Congress passed legislation
requiring Code Adam programs in all federal office
buildings. This term is a memorial to 6-year-old Adam

293 Codex Hermogenianus
Walsh of Florida, who in 1981 was abducted from a I  The American Bar Association drafted a Model Code
department store and murdered. Cf. AMBER ALERT.
Code Civil. The code embodying the civil law ofFrance,
dating from 1804 . It was first known as the Code civil
desfranr,:ais to distinguish it from the other four codes
promoted by Napoleon. From 1807 to 1816 it was called
Code Napoleon, a title that was restored by a decree of
Louis Napoleon. Since 1870, French statutes have con
sistently referred simply to the code civil. Cf. NAPOLE
ONIC CODE. See CIVIL CODE (1).
coded communications. Messages that are encoded or
enciphered by some method oftransposition or substi
tution so that they become unintelligible to anyone who
does not have the key to the code or cipher.
Code de commerce (kohd da kaw-mairs). A codifica
tion of French commercial law, enacted in 1807, dealing
with commercial transactions, bankruptcy, and the
jurisdiction and procedure ofthe courts handling these
subjects. This code supplemented the Code Napoleon.
See NAPOLEONIC CODE.
Code de procedure civil (kohd da praw-se-door see
veel). A French civil-procedure code, enacted in 1806
and appended to the Code Napoleon. See NAPOLEONIC
CODE.
Code d'instruction criminelle (kohd dan-struuk-see
awn kri-mi-nel). A French criminal-procedure code,
enacted in I8H and appended to the Code Napoleon.
See NAPOLEONIC CODE.
codefendant. (17c) One of two or more defendants
sued in the same litigation or charged with the same
crime. -Also termed joint defendant. Cf. COPLAIN
TIFF.
Code Napoleon (kohd na-poh-Iay-awn). See NAPOLE
ONIC CODE.
Code Noir (kohd nwahr). [French "black code"] Hist. A
body oflaws issued by Louis XIV and applied in French
colonies. The Code regulated slavery and banned
Jews and non-Catholic religiOUS practices from the
colonies.
code ofconduct. (1919) A written set ofrules governing
the behavior ofspecified groups, such as lawyers, gov
ernment employees, or corporate employees. [Cases:
Attorney and Client (>:::032(2); Officers and Public
Employees 10.)
Code of Federal Regulations. The annual collection of
executive-agency regulations published in the daily
Federal Register, combined with previously issued reg
ulations that are still in effect. -Abbr. CFR. [Cases:
Administrative Law and Procedure (;::;:>407.)
Code ofHammurabi (hah-ma-rah-bee or ham-<l-). The
oldest known written legal code, produced in Meso
potamia during the rule of Hammurabi (who reigned
from 1792 to 1750 B.C.)  The code consisted of nearly
300 provisions, arranged under headings such as family,
trade, real property, personal property, and labor.
Code of Judicial Conduct. The body of standards gov
erning the profeSSional ethics and behavior ofjudges. ofJudicial Conduct and formally adopted it in 1972. In
1973, the U.S. Judicial Conference used the code as the
basis for the Code ofConduct for United States Judges.
Portions of the code are also found in federal law (see,
e.g. 28 USCA  455). The 1972 ABA Code has been
superseded by the 1990 ABA Model Code of Judicial
Conduct. Each state has a code of judicial conduct,
based on the 1972 or 1990 model codes or a blend of
both. A state's highest court is responsible for drafting
and enacting the code. -Abbr. qc. [Cases: Judges
(;::;:> 11(2).)
Code of Justinian. See JUSTINIAN CODE.
Code of Military Justice. The collection of substan
tive and procedural rules governing the discipline of
members ofthe armed forces. 10 USCA  801 et seq.
Also termed Uniform Code ofMilitary Justice (UCMJ).
[Cases: Armed Services (>42.1; Military Justice
502.]
Code of Professional Responsibility. See MODEL CODE
OF PROFESSIONAL RESPONSIBILITY.
code of war. Legal rules that regulate international
armed conflict.  A code ofwar may arise from many
sources, including custom, treaties, scholarly writings,
and domestic legislation. One of the earliest known
treatises on rules governing the conduct of war was
written by Sun Tzu in the 4th century B.C. [Cases: War
and National Emergency (;::;:>9.]
Code penal (kohd pay-nal). The fourth of five codes
promoted by Napoleon, enacted in 1810, setting forth
the penal code of France. See NAPOLEONIC CODE.
code pleading. See PLEADING (2).
code state. Hist. A state that, at a given time, had already
procedurally merged law and equity, so that equity was
no longer administered as a separate system; a state in
which there is only one form ofcivil action . This term
was current primarily in the early to mid-20th century.
Cf. NONCODE STATE.
codex (koh-deks). [Latin) Archaic. 1. A code, esp. the Jus
tinian Code. See JUSTINIAN CODE. 2. A book written on
paper or parchment; esp., a volume ofan ancient text.
Codex Gregorianus (koh-deks gri-gor-ee-ay-nas).
[Latin] Roman law. A collection of imperial constitu
tions compiled by the Roman jurist Gregorius and pub
lished in A.D. 291. Also termed Gregorian Code.
"The imperial enactments, rapidly increasing in number,
covering, at hazard, the whole range of law, and, by reason
of difficulties of communication and imperfect methods of
promulgation, not always readily ascertainable, created a
burden for the practitioner almost as great as that of the
unmanageable juristic literature. Something was done to
help him by two collections published privately about the
end of the third century, the Codex Cregorianus and Codex
Hermogenianus. These collections do not now exist: what
is known of them is from citations in later literature .. , ."
W.W. Buckland, A Manual of Roman Private Law 20-21 (2d
ed. 1939).
Codex Hermogenianus (koh-deks h<lr-ma-jee-nee
ay-nas). [Latin] Roman law. A collection of imperial

294 Codex Justinianus
constitutions compiled by the Roman jurist Hermoge
nianus and published A.D. 295. The Codex Hermoge
nianus supplemented the Codex Gregorianus. -Also
termed Hermogenian Code.
Codex Justinianus. See JUSTI:-IIAN CODE.
Codex Repetitae Praelectionis (koh-deks rep-;l-tI
tee pri-Iek-shee-oh-nis). [Latin "code of the resumed
reading"] Roman law. See JUSTINIAN CODE.
"By the time when the Digest and Institutes had been com
pleted it was obvious that the Codex, published little more
than four years earlier, was incomplete, since in the interval
Justinian ... had promulgated other new constitutions.
Tribonian, therefore, was appointed to revise the Code,
so as t'o bring it fully up to date, and at the end of the
year A.D. 534 this new Code, known as the Codex Repeti
tae Praelectionis, was promulgated, and is the only Code
which survives to the present day. Justinian seems to have
laboured under the erroneous impression that the system
he had framed would be adequate for all time. But as there
is nothing static about law, further legislative enactments,
termed Novellae Constitutiones, were issued during his
reign.... In modern times Justinian's various compilations
came to be called collectively the Corpus Juris Civilis: the
Corpus being regarded as a single work, made up of the
Institutes, the Digest, the Codex Repetitae Praelectionis,
and the Novels." R.W. Leage. Roman Private Law 44 (C.H.
Ziegler ed . 2d ed. 1930).
Codex Theodosianus (koh-deks thee-;l-doh-shee-ay
nds). [Latin] See THEODOSIAN CODE.
codicil (kod-;l-Sdl or -sill. (ISc) A supplement or addition
to a will, not necessarily disposing of the entire estate
but modifying, explaining, or otherwise qualifying
the will in some way. _ When admitted to probate, the
codicil becomes a part of the will. [Cases: Wills
99.]
"A Schedule or supplement to a Will, or some other writing;
some Writers, conferring a Testament, and a Codicil
together, call a Testament a great Will, and a Codicil a little
one; and compare a Testament to a Ship, and the Codicil to
the Boat tied to the Ship." Thomas Blount, Nomo-Lexicon:
A Law-Dictionary (1670).
"A codicil, from codicil/us. a small codex, a little book
or writing, may be defined as a writing by the testator
intended as a supplement or addition to his will, the effect
of which may be either to enlarge or restrict it, orto annul
or revoke it altogether. It may add to or subtract from provi
sions of the will, may explain or alter, confirm or revoke
them wholly or in part; or, when the will itself is invalid,
may by a valid re-execution and republication revive and
renew the will." 1 H.C. Underhill, A Treatise an the Law of