rage, or other
emotion rather than for financial gain. Cf. instrumen
tal crime.
federal crime. See FEDERAL CRIME.
general-intent crime. A crime that involves performing
a particular act without intending a further act or a
further result. [Cases: Criminal Law C'-:;)20.]
hate crime. (1984) A crime motivated by the victim's
race, color, ethnicity, religion, or national origin.
Certain groups have lobbied to expand the defini
tion by statute to include a crime motivated by the
victim's disability, gender, or sexual orientation. Cf.
hate speech under SPEECH. [Cases: Civil Rights
1808; Sentencing and Punishment (.=70, 753.J
high crime. (17c) A crime that is very serious, though
not necessarily a felony. _ Under the U.S. Constitu
tion, a government officer's commission ofa "high
crime" is, along with treason and bribery, grounds
for removal from office. U.S. Const. art. II,  4. See
IMPEACHABLE OFFENSE.
honor crime. A crime motivated by a desire to punish
a person who the perpetrator believes has injured a
person's or group's sense ofhonor. -The term is most
often applied to crimes committed against Muslim
women by members oftheir own families for behavior
that leads to perceived social harm, esp.loss offamily
honor. The term also extends to non-Muslims and
covers many acts ofviolence, including assault, rape,
infanticide, and murder. When the crime involves a
death, it is also termed honor killing.
implied crime. See constructive crime.
inchoate crime. See inchoate offense under OFFENSE
(1).
index crime. See index offense under OFFENSE (1).
infamous crime (in-f"-m,,s). (16c) 1. At common law, a
crime for which part ofthe punishment was infamy,
so that one who committed it would be declared ineli
gible to serve on a jury, hold public office, or testify.
-Examples are perjury, treason, and fraud. [Cases:
Jury (;=;;45; Officers and Public Employees (;:= 31.]
2. A crime punishable by imprisonment in a peni
tentiary. -The Fifth Amendment requires a grand
jury indictment for the prosecution of infamous
(or capital) crimes, which include all federal felony
offenses. See indictable offense under OFFENSE (1). cr.
noninfamous crime.
"At common law an infamous crime was one ... inconsis
tent with the common principles of honesty and humanity.
Infamous crimes were treason, felony, all offenses found
in fraud and which came within the general notion of the
crimen falSi of the Civil law, piracy, swindling, cheating,
barratry, and the bribing of a witness to absent himself
from a trial, in order to get rid of his evidence." Justin Miller,
Handbook ofCriminai Law  8, at 25 (1934).
instantaneous crime. (1887) A crime that is fully
completed by a single act, as arson or murder, rather
than a series of acts. -The statute of limitations for an instantaneous crime begins to run with its
completion. Cf. continuous crime.
instrumental crime. A crime committed to further
another end or result; esp., a crime committed to
obtain money to purchase a good or service. Cf.
expressive crime.
international crime. See INTERNATIONAL CRIME.
major crime. See FELONY (1).
noninfamous crime. A crime that does not qualify as
an infamous crime. Cf. infamous crime.
occupational crime. A crime that a person commits for
personal gain while on the job. Cf. corporate crime.
organizational crime. See corporate crime.
organized crime. See ORGANIZED CRIME.
personal-condition crime. See status crime.
personal crime. A crime (such as rape, robbery, or pick
pocketing) that is committed against an individual's
person.
political crime. See POLITICAL OFFENSE.
predatory crime. A crime that involves preying upon
and victimizing individuals. -Examples include
robbery, rape, and carjacking.
preliminary crime. See inchoate offense under OFFENSE
(1).
presumed crime. See constructive crime.
quasi-crime. (18c) Hist. 1. An offense not subject to
criminal prosecution (such as contempt or violation
of a municipal ordinance) but for which penalties
or forfeitures can be imposed. _ The term includes
offenses that give rise to qui tam actions and forfei
tures for the violation of a public duty. 2. An offense
for which someone other than the actual perpetrator
is held liable, the perpetrator being presumed to act
on the command ofthe responsible party. See quasi
delict (1) under DELICT.
serious crime. 1. See serious offense under OFFENSE (1).
2. See FELONY (1).
signature crime. (1974) A distinctive crime so similar
in pattern, scheme, or modus operandi to previous
crimes that it identifies a particular defendant as the
perpetrator. [Cases: Criminal Law C='369.15.]
spontaneous crime. A criminal act that occurs suddenly
and without premeditation in response to an unfore
seen stimulus. -For example, a husband who dis
covers his wife in bed with another man and shoots
him could be said to have committed an effectively
spontaneous crime.
status crime. (1961) A crime ofwhich a person is guilty
by being in a certain condition or ofa specific char
acter. -An example ofa status crime is vagrancy.
Also termed status offense; personal-condition crime.
[Cases: Criminal Law~26.J
statutory crime. (1940) A crime punishable by statute.
Cf. common-law crime. [Cases: Criminal Law (:::'::,
21.1

429
street crime. (1966) A crime generally directed
against a person in public, such as mugging, theft, or
robbery. Also termed visible crime.
strict-liability crime. A crime that does not require a
mens rea element, such as traffic offenses and illegal
sales ofintoxicating liquor. [Cases: Criminal Law Cc'='
21.]
substantive crime. See substantive offense under
OFFENSE (1).
vice crime. A crime of immoral conduct, such as
gambling or prostitution.
victimless crime. (1964) A crime that is considered to
have no' direct victim, usu. because only consenting
adults are involved. -Examples are possession of
illicit drugs and deviant sexual intercourse between
consenting adults. Also termed consensual crime;
crime without victims; complainantless crime.
"When a man's house has been robbed or his brother
murdered, he is likely to take this complaint vigorously to
the police and demand action. His presence on the scene
dramatizes the need for law enforcement and gives sense
and purpose to the work of the police and district attorney.
In contrast, the absence of a prosecuting witness surrounds
'crimes without victims' with an entirely different atmo
sphere. Here it is the police who must assume the initiative.
If they attempt to work without the aid of informers, they
must resort to spying, and this spying is rendered all the
more distasteful because what is spied upon 15 sordid and
pitiable." Lon L. Fuller, Anatomy of the Law44 (1968).
violent crime. (18c) A crime that has as an element
the use, attempted use, threatened use, or substan
tial risk ofuse ofphYSical force against the person or
property ofanother. 18 USCA  16; USSG  2El.3.
Also termed crime ofviolence.
visible crime. See street crime.
war crime. See WAR CRIME.
white-collar crime. See WHITE-COLLAR CRIME.
crime against humanity. Int'llaw. A brutal crime that
is not an isolated incident but that involves large and
systematic actions, often cloaked with official author
ity, and that shocks the conscience of humankind.
Among the specific crimes that fall within this category
are mass murder, extermination, enslavement, depor
tation, and other inhumane acts perpetrated against
a population, whether in wartime or not. See Statute
of the International Criminal Court, art. 3 (37 ILM
999).
crime against international law. See CRIME AGAINST
THE LAW OF NATIONS.
crime against peace. Int'llaw. An international crime
in which the offenders plan, prepare, initiate, or wage a
war ofaggression or a war in violation ofinternational
peace treaties, agreements, or assurances.
crime against the law of nations. Int'llaw. L A crime
punishable under internationally prescribed criminal
law or defined by an international convention and
required to be made punishable under the criminal
law ofthe member states. 2. A crime punishable under
international law; an act that is internationally agreed crimen
to be of a criminal nature, such as genocide, piracy,
or engaging in the slave trade. -Also termed crime
against international law.
crime against the person. See CRIMES AGAINST PER
SONS.
crime-fraud exception. (1973) The doctrine that neither
the attorney-client privilege nor the attorney-work
product privilege protects attorney-client communi
cations that are in furtherance ofa current or planned
crime or fraud. Clark v. United States, 289 U.S. 1, 53
S.Ct. 465 (1933); In re Grand Jury Subpoena Duces
Tecum, 731 F.2d 1032 (2d Cir. 1984). [Cases: Criminal
Law (;:J627.5(6); Federal Civil Procedure (;:::,1604(1);
Pretrial Procedure Privileged Communications
and Confidentiality ~154.]
crime insurance. See INSURANCE.
crime malum in se. See MALUM IN SE.
crime malum prohibitum. See MALUM PROHIBITUM.
crimen (krI-man), n. [Latin]l. An accusation or charge
ofa crime. 2. A crime. PI. crimina (krim-a-na).
crimen expilatae hereditatis (krI-mm eks-p.:>-lay-tee
ha-red-i-tay-tis). Roman law. A false claimant's willful
spoliation ofan inheritance.
crimen falsi (krI-man fal-51 or fawl-sI). [Latin "the
crime of falSifying") 1. A crime in the nature of
perjury. -Also termed falsum. 2. Any other ofiense
that involves some element of dishonesty or false
statement. See Fed. R. Evid. 609(a)(2). [Cases: Wit
nesses (;:J337(12).]
"The starting point [for perjury] seems to have been the
so-called crimen falSi, --crime of falsifying. In the begin
ning, perhaps, one convicted of perjury was deemed too
untrustworthy to be permitted to testify in any other case,
and the idea grew until the term 'crimen falsI' included any
crime involving an element of deceit. fraud or corruption."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 26 (3d
ed.1982).
crimen feloniae imposuit (kn-m.:>n fa-Ioh-nee-ee
im-poz-ya-wit). To accuse or charge with a felony.
crimenfurti (kn-man far-tr). [Latin "the crime of
stealing") See THEFT.
crimen incendii (krI-man in-sen-dee-r). [Latin "the
crime ofburning"] See ARSON.
crimen innominatum (krI-man i-nom-a-nay-tam).
[Latin "the nameless crime"] See SODOMY.
crimen majestatis (kri-man maj-.:>-stay-tis). [Latin
"crime against majesty"] Hist. High treason; any
crime against the king's person or dignity; LESE
MAJESTY. -Under Roman law, crimen majestatis
denoted any enterprise by a Roman citizen or other
person against the republic or the emperor. Also
termed crimen laesae majestatis. See LESE MAJESTY. 0: PERDUELLIO.
crimen plagii (krI-man play-jee-r). [Latin] Roman law.
See PLAGIUM.
crimen raptus (krI-man rap-tas). [Latin "the crime of
rape") See RAPE.

crimen repetundarum (kn-mitn rep-it-t;,n-dair-;,m).
[Latin "accusation of (money) to be repaid"] Roman
law. 1. A charge ofextortion brought against a Roman
provincial governor. 2. Any act of misgovernment or
oppression on the part of a magistrate or official.
crimen roberiae (kn-mitn rit-beer-ee-ee). [Latin "the
crime of robbery"] ROBBERY.
crime ofomission. See CRIME.
crime ofpassion. See CRIME.
crime ofviolence. See violent crime under CRIME.
crimes against persons. (1827) A category of criminal
offenses in which the perpetrator uses or threatens to
use force . Examples include murder, rape, aggravated
assault, and robbery. -Also termed crimes against the
person. Cf. offense against the person under OFFENSE
(1).
crimes against property. (1827) A category ofcriminal
offenses in which the perpetrator seeks to derive an
unlawful benefit from or do damage to -another's
property without the use or threat offorce . Examples
include burglary, theft, and arson (even though arson
may result in injury or death). -Also termed property


include burglary, theft, and arson (even though arson
may result in injury or death). -Also termed property
crimes. Cf. offense against property under OFFENSE (1).
crimes against the person. See CRIMES AGAINST
PERSONS.
crime score. (1952) A number assigned from an estab
lished scale, indicating the relative seriousness of an
offense based on the nature of the injury or the extent
of property damage . Prosecutors use crime scores
and defendant scores to promote uniform treatment of
similar cases and to assess which cases need extensive
pretrial preparation. Cf. DEFENDANT SCORE.
crime statistics. Figures compiled by a governmental
agency to show the incidence ofvarious types ofcrime
within a defined geographic area during a specified
time.
crime without victims. See victimless crime under
CRIME.
crimina extraordinaria (krim-;)-n;) ek-stror-dCl-nair
ee-a). [Latin] Roman law. Extraordinary crimes; crimes
not brought before a quaestio perpetua .  These crimes
carried no fixed penalty and were punished according
to the judge's discretion.
criminal, adj. (I5c) 1. Having the character of a crime;
in the nature of a crime <criminal mischief>. 2. Con
nected with the administration of penal justice <the
criminal courts>.
criminal, n. (17c) 1. One who has committed a criminal
offense. 2. One who has been convicted ofa crime.
career criminal. See RECIDIVIST.
dangerous criminal. (18c) A criminal who has either
committed a violent crime or used force in trying to
escape from custody.
episodic criminal. (1976) 1. A person who commits
crimes sporadically. 2. A person who commits crimes only during periods of intense stress, as in the heat
of passion.
habitual criminal. See RECIDIVIST.
state criminal. 1. A person who has committed a crime
against the state (such as treason); a political criminal.
2. A person who has committed a crime under state
law.
criminal action. See ACTION (4).
criminal anarchy. See ANARCHY.
criminal anthropology. See CRIMINOLOGY.
criminal assault. See ASSAULT.
criminal attempt. See ATTEMPT.
criminal bankruptcy. See bankruptcy fraud under
FRAUD.
criminal battery. See BATTERY (1).
criminal behavior. Conduct that causes social harm and
is defined and punished by law.
criminal capacity. See CAPACITY (3).
criminal charge. See CHARGE (1).
criminal code. See PENAL CODE.
criminal coercion. See COERCION.
criminal conspiracy. See CONSPIRACY.
criminal contempt. See CONTEMPT.
criminal conversation. Archaic. A tort action for
adultery, brought by a husband against a third party
who engaged in sexual intercourse with his wife .
Criminal conversation has been abolished in most
jurisdictions. -Abbr. crim. con. See HEARTBALM
STATUTE. [Cases: Husband and Wife <::::=340-354.J
"An action (whether of trespass or case is uncertain, but
probably trespass) formerly lay against one who had com
mitted adultery with the wife of the plaintiff. It was known
as an action for criminal conversation. The wife's consent
was irrelevant. The action was distinct from that of entice
ment: one may commit adultery without enticing a wife
away from her husband. The action was no doubt a neces
sity when divorce could only be obtained by Act of Parlia
ment: as Parliament was not a tribunal suitable for trying
allegations of adultery it was reasonable to require the
petitioner to establish the truth of his allegations before a
court of law. The action might also have been justified on
the ground that the plaintiff is in substance complaining
of the invasion of privacy of his marriage, and the insult
thereby caused to his honour as a husband." R.F.V. Heuston,
Salmond on the Law of Torts 358 (17th ed. 1977).
criminal court. See COURT.
criminal-court judge. See JUDGE.
criminal damage to property. (1946) 1. Injury, destruc
tion, or substantial impairment to the use ofproperty
(other than by fire or explosion) without the consent
of a person having an interest in the property. [Cases:
Malicious Mischief C=:> 1.] 2. Injury, destruction, or
substantial impairment to the use of property (other
than by fire or explOSion) with the intent to injure or
defraud an insurer or lienholder. Cf. ARSON.
criminal defendant. One who is accused in a criminal
proceeding.

431
criminal desertion. See DESERTION.
criminal forfeiture. See FORFEITURE.
criminal fraud. See FRAUD.
criminal homicide. See HOMICIDE.
criminal infringement. See INFRINGEMENT.
criminal instrument. (1901) l. Something made or
adapted for criminal use. Model Penal Code  5.06(1)
(a). 2. Something commonly used for criminal
purposes and possessed under circumstances showing
an unlawful purpose. Model Penal Code  5.06(I)(b).
Also termed instrument ofcrime.
criminal-instrumentality rule. (1942) The principle that
when a criminal act is committed, that act -rather
than the victim's negligence that made the crime
possible - will be considered to be the crime's proxi
mate cause.
criminal intent. 1. See INTENT (1). 2. MENS REA.
criminalism. l. A pathological tendency toward crim
inality. 2. Archaic. The branch of psychiatry dealing
with habitual criminals.
criminalist (krim-a-nal-ist). L A person who practices
criminalistics as a profession. 2. Archaic. One versed
in criminal law. 3. Archaic. A psychiatrist who treats
criminals. 4. Archaic. A habitual criminal.
criminalistics (krim-G-nG-lis-tiks), n. (1943) The science
of crime detection, usu. involving the subjection of
physical evidence to laboratory analysis, including bal
listic testing, blood-fluid and tissue analysis, and other
tests. Cf. CRIMINOLOGY. -criminalistic, adj.
crimina liter (krim-G-nay-IG-tGr), adv. [Latin] Criminally.
Cf. CIVILITER (1).
criminality (krim-d-nal-G-tee). (17c) L The state or
quality of being criminal. 2. An act or practice that
constitutes a crime. See DOUBLE CRIMINALITY.
criminalization (krim-G-nal-a-zay-shGn), n. (1945) 1.
The act or an instance of making a previously lawful
act criminal, usu. by passing a statute. Cf. DECRIMI
NALIZATION; CIVILIZATION. [Cases: Criminal Law
3.] 2. The process by which a person develops into a
criminal.
criminalize (krim-G-nal-Iz), vb. To make illegal; to
outlaw.
criminal jurisdiction. See JURISDICTION.
criminal justice. (I6c) 1. The methods by which a society
deals with those who are accused ofhaving committed
crimes. See LAW ENFORCEMENT (1). Cf. CIVIL JUSTICE.
2. The field of study pursued by those seeking to enter
law enforcement as a profession . Many colleges oiter
degrees in criminal justice, typically after two to four
years ofstudy. -Also termed (in sense 2) police science;
law enforcement.
criminal-justice system. (1929) The collective institu
tions through which an accused offender passes until
the accusations have been disposed ofor the assessed
punishment concluded . The system typically has criminal protector
three components: law enforcement (police, sheriffs,
marshals), the judicial process (judges, prosecutors,
defense lawyers), and corrections (prison officials,
probation officers, and parole officers). Also termed
law-enforcement system.
criminal law. (18c) The body of law defining offenses
against the community at large, regulating how suspects
are investigated, charged, and tried, and establishing
punishments for convicted offenders. Also termed
penal law.
'The criminal law represents the pathology of civilization."
Morris R. Cohen, Reason and Law 70 (1961).
"Often the term 'criminal law' is used to include all that is
involved in 'the administration of criminal justice' in the
broadest sense. As so employed it embraces three different
fields, known to the lawyer as (1) the substantive criminal
law, (2) criminal procedure, and (3) special problems in the
administration and enforcement of criminal justice.... The
phrase 'criminal law' is more commonly used to include
only that part of the general field known as the substan
tive criminal law ...." Rollin M. Perkins &Ronald N. Boyce,
Criminal Law 1, 5 (3d ed. 1982).
criminal lawyer. See LAWYER.
criminal letter. Scots law. A summons.
criminal libel. See LIBEL.
criminally negligent homicide. See negligent homicide
under HOMICIDE.
criminal miscarriage. Hist. See ABORTION (1).
criminal mischief. See MALICIOUS MISCHIEF.
criminal neglect of family. See NONSUPPORT.
criminal negligence. See NEGLIGE!IICE.
criminal nonsupport. See NO!llSUPPORT.
criminal offense. See OFFENSE (1).
criminal operation. Hist. ABORTION (1).
criminal plea. See PLEA (1).
criminal policy. (1893) The branch of criminal science
concerned with protecting against crime .  It draws on
information provided by criminology, and its subjects
for investigation are (1) the appropriate measures of
social organization for preventing harmful activities,
and (2) the treatment to be accorded to those who have
caused harm, i.e., whether the offenders should receive
warnings, supervised probation, or medical treatment,
or whether they should suffer serious deprivations of
life or liberty such as imprisonment or capital punish
ment.
criminal possession. See POSSESSIO!ll.
criminal procedure. (18c) The rules governing the mech
anisms under which crimes are investigated, pros
ecuted, adjudicated, and punished . It includes the
protection ofaccused persons' constitutional rights.
criminal proceeding. See PROCEEDING.
criminal process. See PROCESS.
criminal prosecution. See PROSECUTION (2).
criminal protector. (1978) An accessory after the fact to
a felony; one who aids or harbors a wrongdoer after the

commission of a crime. [Cases: Compounding Offenses
'>3.5; Criminal LawC=74.J
criminal-referral form. A form once required by federal
regulatory authorities (from 1988 to 1996) for reporting
every instance when a bank employee or affiliate com
mitted or aided in committing a crime such as credit
card fraud, employee theft, or check-kiting . This
form, like the suspicious-transaction report, has since
been superseded by the suspicious-activity report.
Abbr. CRF. See SUSPICIOUS-ACTIVITY REPORT.
criminal registration. See REGISTRATION (1).
criminal responsibility. 1. See RESPONSIBILITY (2). 2.
See RESPONSIBILITY (3).
criminal sanction. See SANCTION.
criminal science. (1891) The study of crime with a view to
discovering the causes ofcriminality, devising the most
effective methods of reducing crime, and perfecting
the means for dealing with those who have committed
crimes. The three main branches ofcriminal science
are criminology, criminal policy, and criminal law.
criminal sexual conduct in the first degree. See FIRST
DEGREE SEXUAL CONDUCT.
criminal solicitation. See SOLICITATION (2).
criminal statute. See STATUTE.
criminal syndicalism. See SYNDICALISM.
criminal term. See TERM (5).
criminal trespass. See TRESPASS.
criminal wrong. See CRIME.
criminate, vb. See INCRIMINATE.
crimination (krim-<l-nay-sh,m), n. 1. INCRIMINATION.
2. An accusation or strong censure.
criminative (krim-<l-nay-tiv), adj. Of, relating to, or
involving incrimination or accusation. Cf. INFIRMA
TIVE.
criminogenic (krim-<l-nJ-jen-ik), adj. Tending to cause
crime or criminality. -criminogenesis, n.
criminology (krim-<l-nol-J-jee), n. (1872) The study of
crime and criminal punishment as social phenomena;
the study of the causes of crime and the treatment
of offenders, comprising (1) criminal biology, which
examines causes that may be found in the mental and
physical constitution of an offender (such as heredi
tary tendencies and physical defects), and (2) criminal
SOciology, which deals with inquiries into the effects
of environment as a cause of criminality. -Also
termed criminal anthropology. Cf. CRIMINALISTICS;
PENOLOGY. criminological (krim-J-n<l-loj-a-kal),
adj. -criminologist, n.
comparative criminology. The scholarly study of the
similarities and differences between the criminal
justice systems ofdifferent nations.
environmental criminology. The scholarly study of
areas where crime occurs and of why offenders are
active in those areas. -Also termed geography of
crime; ecology ofcrime. crimping. Hist. Ihe offense of decoying and confin
ing persons to force them into military service. Cf.
IMPRESSMENT (3).
criss-cross agreement. See cross-purchase agreement
under AGREEMENT


f.
IMPRESSMENT (3).
criss-cross agreement. See cross-purchase agreement
under AGREEMENT.
cdt. (1985) An adherent to the Critical-legal-studies school
ofthought. Also termed CLSer; Critic; critter.
fem-crit. A feminist adherent ofcriticallegaJ studies.
critical evidence. See EVIDENCE.
Critical Legal Studies. (1978) 1. A school of thought
advancing the idea that the legal system perpetuates the
status quo in terms of economics, race, and gender by
using manipulable concepts and by creating an imagi
nary world of social harmony regulated by law . The
Marxist wing of this school focuses on socioeconomic
issues. Fem-crits emphasize gender hierarchy, whereas
critical race theorists focus on racial subordination. See
fem-erit under CRlT; CRITICAL RACE THEORY. 2. The
body of work produced by adherents to this school of
thought. -Abbr. CLS.
critical limitation. Patents. A limitation essential either
to the operativeness of an invention or to the patent
ability of a patent claim for the invention. [Cases:
Patents (~165(2).]
Critical Race Theory. (1989) 1. A reform movement
within the legal profession, particularly within
academia, whose adherents believe that the legal system
has disempowered racial minorities . The term first
appeared in 1989. Critical race theorists observe that
even ifthe law is couched in neutral language, it cannot
be neutral because those who fashioned it had their
own subjective perspectives that, once enshrined in law,
have disadvantaged minorities and even perpetuated
racism. 2. The body of work produced by adherents to
this theory. Abbr. CRT.
critical stage. (1962) Criminal procedure. A point in
a criminal prosecution when the accused's rights or
defenses might be affected by the absence of legal
representation . Under the Sixth Amendment, a
critical stage triggers the accused's right to appointed
counseL Examples ofcritical stages include preliminary
hearings, jury selection, and (of course) trial. C( ACCU
SATORY STAGE. [Cases: Criminal Law C=17l8.]
critter. See CRlT.
crop insurance. See INSURANCE.
crop rent. See RENT (1).
crops. Products that are grown, raised, and harvested .
Crops usu. are from the soil, but fruit grown on trees
are also considered crops. [Cases: Crops ~I.]
annual crops. 1. Crops that must be planted each year,
such as cotton, wheat, barley, corn, carrots, potatoes,
and melons. 2. Crops for which the produce in any
single year is mainly the result of attention and care
exerted in the same agricultural year, such as hops
and sugar cane.

away-going crops. A tenant's crops that were sown
and will not be ready to harvest before the tenancy
expires. The tenant retains the ownership of the
crop after the tenancy expires. [Cases: Landlord and
Tenant 139(2}.]
basic crops. Crops (such as wheat and corn) that are
usu. subject to government-price supports.
growing crops. Crops that are in the process ofgrowth.
 Growing crops are goods under VCC  2-105(1).
Judicial decisions vary on the growth stage at which
a crop becomes a growing crop and on whether pas
turage grass is a growing crop. Cf. FARM PRODUCT.
[Cases: Crops C=c 1.]
standing crops. Crops that have not been harvested or
otherwise severed from the land. [Cases: Crops
cross, n. L CROSS-EXAMINATION. 2. A sale of a large
amount of publicly traded stock between two private
parties. Although the transaction does not happen
on the exchange floor, it typically requires exchange
permission.
cross-action. 1. See ACTION (4). 2. See CROSS-CLAIM.
cross-appeal. See APPEAL.
cross-bill. See BILL (2).
cross-claim, n. (1825) A claim asserted between code
fendants or coplaintiffs in a case and that relates to the
subject ofthe original claim or counterclaim. See Fed.
R. Civ. P. 13(g). Also termed cross-action; cross-suit.
Cf. COUNTERCLAIM. [Cases: Federal Civil ProcedureC=c
786; Pleading C=c147,148,149; Set-off and Counterclaim
cross-claim, vb. -cross-claimant, n.
"The courts have not always distinguished clearly between
a cross-claim and a counterclaim, and have used one name
where the other is proper under the rules, perhaps because
in some states, and in the old equity practice, the term
cross-complaint or cross-bill is used for what the rules
regard as a counterclaim. Under Rule 13 a counterclaim is
a claim against an opposing party, while a cross-claim is
against a co-party. Further there is not the same freedom
in asserting cross-claims that the rules provide for coun
terclaims. An unrelated claim against an opposing party
may be asserted as a permissive counterclaim, but only
claims related to the subject matter of the original action.
or property involved therein. are appropriate as cross
claims." Charles Alan Wright, The Law of Federal Courts
 80. at 574 (5th ed. 1994).
cross-collateral. See COLLATERAL.
cross-collateral clause. (1965) An installment-contract
provision allOWing the seller, if the buyer defaults, to
repossess not only the particular item sold but also
every other item bought from the seller on which
a balance remained due when the last purchase was
made. -Also termed dragnet clause.
cross-collateralization. See cross-collateral under COL
LATERAL.
cross-complaint. (1854) 1. A claim asserted by a defen
dant against another party to the action. -Also termed
(in some jurisdictions) cross-petition. [Cases: Federal
Civil Procedurec-;;'786; Pleading 148,149.] 2. A claim asserted by a defendant against a person not a
party to the action for a matter relating to the subject
ofthe action.
cross-default clause. (1979) A contractual provision
under which default on one debt obligation triggers
default on another obligation.
cross-defendant. The party against whom a cross-claim
is asserted. Cf. CROSS-PLAINTIFF. [Cases: Federal Civil
Procedure C="786.]
cross-demand. See DEMAND (l).
crossed check. See CHECK.
cross-elasticity of demand. Antitrust. A relationship
between two products, usu. substitutes for each other,
in which a price change for one product affects the price
ofthe other.
cross-error. See ERROR (2).
cross-examination, n. (ISc) The questioning of a witness
at a trial or hearing by the party opposed to the party
who called the witness to testify . The purpose of
cross-examination is to discredit a witness before the
fact-finder in any of several ways, as by bringing out
contradictions and improbabilities in earlier testimony.
by suggesting doubts to the witness, and by trapping
the witness into admissions that weaken the testimony.
1he cross-examiner is typically allowed to ask leading
questions but is traditionally limited to matters covered
on direct examination and to credibility issues. -Also
termed cross-interrogation. Cf. DIRECT EXAMINA
TION; RECROSS-EXAMINATION. [Cases: Witnesses
266-284,330.1 -cross-examine, vb.
cross-interrogatory. See INTERROGATORY.
cross-license. See LICENSE.
cross-marriage. See MARRIAGE (l).
cross-motion. See MOTION (1).
cross-offer, n. (1931) Contracts. An offer made to another
in ignorance that the offeree has made the same offer to
the offeror. cross-offer, vb. cross-offeror, n.
cross-petition. See CROSS-COMPLAINT.
cross-plaintiff. The party asserting a cross-claim. Cf.
CROSS-DEFENDANT.
cross-purchase agreement. See AGREEMENT.
cross-purchase buy-sell agreement. 1. BUY-SELL AGREE
MENT (1). 2. A partnership insurance plan in which each
partner individually buys and maintains enough insur
ance on the life or lives ofother partners to purchase a
deceased or expelled partner's equity.
cross-question. See QUESTION (1).
cross-rate. The exchange rate between two currencies
expressed as the ratio oftwo foreign exchange rates in
terms ofa common third currency (usu. the U.S. dollar) .
 Foreign-exchange-rate dealers use cross-rate tables to
look for arbitrage opportunities. See ARBITRAGE.
cross-reference, n. An explicit citation to a related pro
vision within the same or a closely related document;
esp., in a patent application the explicit citation in a

continuing patent application to all interrelated appli
cations, back to the original filing . A cross-reference
alone does not incorporate the disclosure ofthe parent
application. C[ INCORPORATION BY REFERENCE (1),
(2). -cross-reference, vb.
cross-remainder. See REMAINDER.
cross-stream guaranty. See GUARANTY.
cross-suit. See CROSS-CLAIM.
Crown. English law. The sovereign in his or her official
capacity as a governing power. See KING; QUEEN (1),
"In modern times it has become usual to speak ofthe Crown
rather than of the King, when we refer to the King in his
public'capacity as a body politic. We speak ofthe property
of the Crown, when we mean the property which the King
holds in right of his Crown. So we speak of the debts due
by the Crown, of legal proceedings by and against the
Crown, and so on. The usage is one of great convenience,
because it avoids a difficulty which is inherent in all speech
and thought concerning corporations sole, the difficulty,
namely, of distinguishing adequately between the body
politic and the human being by whom it is represented and
whose name it bears." John Salmond, Jurisprudence 341-42
(Glanville L. Williams ed., 10th ed. 1947).
Crown case. English law. A criminal action.
Crown Court. An English court haVing jurisdiction
over major criminal cases . Crown Courts date from
1971, when they assumed the criminal jurisdiction of
the Assize Courts and all the jurisdiction of the Courts
ofQuarter Sessions.
crown jewel. A company's most valuable asset, esp. as
valued when the company is the subject of a hostile
takeover. A common antitakeover device is for the
target company to sell its crown jewel to a third party so
that the company will be less attractive to an unfriendly
suitor.
crown-jewel defense. An antitakeover device in which
the target company agrees to sell its most valuable assets
to a third party ifa hostile bid is tendered, so that the
company will be less attractive to an unfriendly suitor.
Cf. SCORCHED-EARTH DEFENSE; PAC-MAN DEFENSE.
Crown land. See LAND.
Crown loan. See LOAN.
CRS. abbr. See CONGRESSIONAL RESEARCH SERVICE.
CRT. abbr. 1. CRITICAL RACE THEORY. 2. See charitable-
remainder trust under TRUST.
crucial evidence. See critical evidence under EVI
DENCE.
cruel and abusive treatment. See ABUSE (2),
cruel and inhumane treatment. See extreme cruelty
under CRUELTY.
cruel and unusual punishment. See PUNISHMENT.
cruelty. (13c) The intentional and malicious infliction
of mental or physical suffering on a living creature,
esp. a human; abusive treatment; outrage. Cf. ABUSE;
INHUMAN TREATMENT; INDIGNITY.
"When William Blake opined that 'Cruelty has a human
heart', he posited the physical and emotional forms which
cruelty may take. But when is one party so cruel to the other that it goes to the heart of the marriage and justifies
dissolution? A New York court defined cruelty as bodily
harm, or a reasonable apprehension of bodily harm, which
endangers life, limb, or health and renders marital cohabi
tation unsafe or improper. Some states are reluctant to
permit divorce when there has been only emotional suf
fering without physical harm. And in a marriage of long
duration, some courts require that the cruelty be more
extreme to justify divorce than if the relationship has
been brief. Acts constituting the ground must continue
over an extended period of time unless they are so severe
as to shock the conscience. or raise the probability that it
would be unsafe for the innocent party if the couple remain
together." Walter Wadlington & Raymond C. O'Brien, Family
Law in Perspective 73 (2001).
cruelty to a child. See child abuse under ABUSE.
cruelty to animals. A malicious or criminally negli
gent act that causes an animal to suffer pain or death.
[Cases: Animals (~3.5(5).]
extreme cruelty. (17c) As a ground for divorce, one
spouse's physical violence toward the other spouse,
or conduct that destroys or severely impairs the other
spouse's mental health. -Also termed cruel and
inhumane treatment. Cf. ABUSE (2). [Cases: Divorce
(;::=c27.]
legal cruelty. (18c) Cruelty that will justify granting a
divorce to the injured party; specif. conduct by one
spouse that endangers the life, person, or health ofthe
other spouse, or creates a reasonable apprehension of
bodily or mental harm. [Cases: Divorce (.:::>27.]
ment


a reasonable apprehension of
bodily or mental harm. [Cases: Divorce (.:::>27.]
mental cruelty. (1898) As a ground for divorce, one
spouse's course of conduct (not involving actual
violence) that creates such anguish that it endangers
the life, physical health, or mental health ofthe other
spouse. See EMOTIONAL DISTRESS. [Cases: Divorce
(;:::::>27.]
physical cruelty. (1874) As a ground for divorce, actual
personal violence committed by one spouse against
the other. [Cases: Divorce (;:::::>27(3, 6).]
cruelty to a child. See child abuse under ABUSE.
cruelty to children. See child abuse under ABUSE.
Crummey power. The right of a beneficiary of a
Crummey trust to withdraw gifts made to the trust up
to a maximum amount (often the lesser of the annual
exclusion or the value ofthe gift made to the trust) for
a certain period after the gift is made. The precise
characteristics ofa Crummey power are established by
the settlor ofa Crummey trust. Typically, the power is
exercisable for 30 days after the gift is made and permits
withdrawals up to $5,000 or 5% ofthe value ofthe trust.
A beneficiary may allow the power to lapse without
making any demand for distribution. See Crummey
trust under TRUST; annual exclusion under EXCLUSION.
[Cases: Trusts (:::;)270.J
Crummey trust. See TRUST.
cry de pais (kn da pay). [Law French] Hist. The cry ofthe
country. The hue and cry after an offender, as raised
by the country (I.e., the people). Also spelled cri de
pais. See HUE AND CRY (1).
cryer. See CRIER.

435
CSAAS. abbr. CHILD-SEXUAL-ABUSE-ACCOMMODATION
SYNDROME.
CSE agency. abbr. CHILD-SUPPORT-ENFORCEMENT
AGENCY.
CSREES. abbr. COOPERATIVE STATE RESEARCH, EDUCA
TION, AND EXTENSION SERVICE.
CSV. See cash surrender value under VALUE (2).
c.t.a. abbr. See administration cum testamento annexo
under ADMINISTRATION.
Ct. Cl. abbr. Court ofClaims. See UNITED STATES COURT
OF FEDERAL CLAIMS.
cucking stool. See CASTIGATORY.
cui ante divortium (kr [or kWI or kwee] an-tee d<l-vor
shee-<lm). [Law Latin "to whom before divorce"] Hist.
A writ of entry enabling a divorced woman to recover
land that she had held in fee but that her husband had
sold without her permission during the marriage.
The name ofthis writ derives from the words within it:
cui ipsa ante divortium inter eos celebratum, contradi
cere non potuit ("whom she, before the divorce between
them, could not gainsay"). The writ was abolished in
1833. Also termed sur cui ante divortium.
Cui bono? [Latin] For whose advantage?; Who benefits?
-The exclamation may be used to ask who benefited
from the results of a crime, usu. to cast suspicion
without offering evidence of guilt. Despite the literal
meaning, the term is more often used to mean "what's
the good ofit?" or "what benefits are there?"
cui in vita (kI [or kWI or kwee] in-vI-ta). [Law Latin
"to whom in the life"] Hist. A writ of entry enabling
a woman to recover land that she had held in fee but
that her deceased husband had sold without her per
mission. -It is so called from the words ofthe writ: cui
ipsa in vita sua contradicere non poluit ("whom she, in
his lifetime, could not gainsay"). Also termed sur
cui in vita.
"Cui in vita, is a writ of entry, which a Widow hath against
him, to whom her Husband alienated her Lands or Tene
ments in his life time, which must specifie, that During his
fife, she could not withstand it." Thomas Blount, Nomo
Lexicon: A Law-Dictionary (1670).
cujus contrarium est verum (k[y]oo-jas kan-trair-ee-am
est veer-dm). [Latin] Hist.lhe contrary ofwhich is the
truth.
cujus haeredibus maxime prospicitur (k[yloo-j<ls
h<l-red-i-b<ls mak-s<l-mee proh-spis-i-t<lr). [Latin] Hist.
Whose heirs are chiefly regarded.
"Cujus haeredibus maxime prospicitur .... This is a rule
of construction to be attended to in ascertaining from the
terms of a destination, in whom the fee of a property is
vested, the ordinary rule being, that he is the fiar whose
heirs are preferred. Thus, a conveyance to 'A and Bjointly,
and the heirs of B,' gives A merely ajoint right of liferent,
and gives B the fee. Under such a destination, B is so abso
lutely the fiar that his rights cannot be impaired by any
acts, even onerous, of A, who is held, as we have said, to
be a liferenter." John Trayner, Trayner's Latin Maxims 121
(4th ed. 1894). culpa levis in concreto
culpa (kill-pa). [Latin] 1. Roman & civil law. Fault,
neglect, or negligence; unintentional wrong. See NEGLI
GENCE. Cf. DlLIGENTIA; CASUS (1); DOLUS (1).2. Roman
law. Conduct that made a party to a contract, or quasi
contract, liable to the other party.
lata culpa (lay-ta bl-p<l). [Latin "grave fault"] Gross
negligence amounting to bad faith (dolus). -This
phrase occurs most commonly in bailment law and
in the law ofthe transport ofpersons. -Also termed
culpa lata. See gross negligence under NEGLIGENCE.
levis culpa (lee-vis kal-p<l). [Latin "slight fault"] 1.
Ordinary negligence. 2. Failure to act as the ideal
paterfamilias should. -Also termed culpa levis;
culpa levis in concreto. See ordinary negligence under
NEGLIGE::-!CE.
levissima culpa (I<l-vis-<l-m<l hl-pa). [Latin "the slight
est fault"] Slight negligence. -Also termed culpa
levissima. See slight negligence under NEGLIGENCE.
culpabilis (kal-pay-ba-lis), adj. [Latin] Hist. Guilty.
culpability (bl-p<l-bil-<l-tee), n. Blameworthiness; the
quality ofbeing culpable. _ Except in cases ofabsolute
liability, criminal culpability requires a showing that
the person acted purposely, knowingly, recklessly, or
negligently with respect to each material element ofthe
offense. See Model Penal Code  2.02. [Cases: Criminal
LawC=:>19.]
"The concept of culpability is used as a reference point to
assess the defendant's guilt and punishment even though,
in the two contexts, culpability denotes different aspects of
the defendant and the murder. At the guilt phase, culpabil
ity is most often used to refer to the state of mind that the
defendant must possess. Also at the gUilt phase, culpabil
ity may reflect a broader judgment about the defendant:
when he is culpable for his conduct, it means that he is
blameworthy and deserves punishment. At the punishment
phase, the concept of culpability stands as the benchmark
for when the death penalty is an appropriate punishment."
Phyllis L Crocker, Concepts ofCulpability and Deathworthi
ness, 66 Fordham L Rev. 21, 35-36 (1997).
culpable (hl-p<l-bal), adj. (I4c) 1. Guilty; blameworthy.
2. Involving the breach ofa duty.
culpable accident. See ACCIDENT.
culpable homicide. 1. See HOMICIDE. 2. See MANSLAUGH
TER.
culpable intoxication. See voluntary intoxication under
INTOXICATION,
culpable neglect. See NEGLECT.
culpable negligence. See NEGLIGENCE.
culpa-in-contrahendo doctrine. [Law Latin "fault in
contracting"] The principle that parties must act in
good faith during preliminary contract negotiations;
esp., the principle that a breach by the offeror after the
offeree has begun performance ofa unilateral contract
and is stopped by the offeror before completion will
give rise to liability in tort. [Cases: Torts (;:::::433.J
culpa lata. See lata culpa under CULPA.
culpa levis. See levis culpa under CULPA.
culpa levis in concreto. See levis culpa under CULPA.

436 culpa levissima
culpa levissima. See levissima culpa under CULPA.
culprit. (17c) 1. A person accused or charged with the
commission of a crime. 2. A person who is guilty of
a crime . Culprit may be a running together of cui,
shortened from the Latin culpabilis ("guilty"), and prit,
from Old French prest ("ready"), two words formerly
used to orally plead at the outset ofa criminal case.
"When the prisoner hath thus pleaded not guilty. non clilpa
bilis . .. the clerk of the assise, or clerk of the arraigns, on
behalf of the crown replies, that the prisoner is guilty, and
that he is ready to prove him so. This is done by two mono
syllables in the same spirit of abbreviation, 'cli/. prJt.' which
signifies first that the prisoner is guilty, (cui. culpable, or
clilpabilis) and then that the king is ready to prove him
50; pdt, praesto Slim, or paratus verificare, ' .. How our
courts came to express a matter of this importance in so
odd and obscure a manner ... can hardly be pronounced
with certainty. It may perhaps, however, be accounted for
by supposing that these were at first short notes, to help
the memory of the clerk, and remind him what he was to
reply; or else it was the short method of taking down in
court, upon the minutes, the replication and averment;
'cui, prft'; which afterwards the ignorance of succeeding
clerks adopted for the very words to be by them spoken.
But however it may have arisen, the joining of issue ...
seems to be clearly the meaning of this obscure expres
sion; which has puzzled our most ingenious etymologists,
and is commonly understood as ifthe clerk ofthe arraigns,
immediately on plea pleaded, had fixed an opprobrious
name on the prisoner, by asking him, 'w/pri!, how wilt thou
be tried?'" 4 William Blackstone, Commentaries on the Laws
of England 333-34 (1769),
cultura (bl-t[y]oor-el). [Law Latin] Hist. A piece of
tillable land; tillage.
cultural agreement. Int'I law. A bilateral or multilateral
agreement between nations for the purpose offurther
ing cultural or intellectual relations.
cultural defense. See DEFENSE (1).
cultural property. Int'llaw. Movable and immovable
property that has cultural significance, whether in the
nature ofantiquities and monuments of a classical age
or important modern items of fine arts, decorative
arts, and architecture . Some writers prefer the term
cultural heritage, which more broadly includes intangi
ble cultural things such as folklore, crafts, and skills.
culvert age (kal-var-tij), n. Hist. 1. The status of villein
age. 2. The condition ofbeing reduced to villeinage or
serfdom by forfeiture and degradation.
cum astrictis multuris (kelm a-strik-tis m<ll-t[y]oor-is).
[Law Latin] Hist. With defined payments for grinding;
with astricted multures . The phrase appeared in ref
erence to portions of grain that the landholder was
bound to pay a certain mill in exchange for grinding
the remainder ofthe grain. See MOLITURAE.
cum aucupationibus, venationibus, et piscationibus
(k<lm awk-p-pay-shee-oh-n<l-bas, vi-nay-shee-oh-nd
b<ls et pi-skay-shee-oh-nCl-bCls). [Latin] Scots law. With
fowlings, huntings, and fishings . The phrase was part
of a clause granting the legal right to hunt and fish on
the conveyed land if the right was accompanied by
actual possession ofthe land for a specific period.
cum beneficio inventarii. See BENEFICIUM INVENTARII. cum communi pastura (kdm kd-myoo-m pas-chelr-a).
[Law Latin] Hist. With common pasturage. 'Ihis
phrase granted a servitude of pasture, not a right of
common, on property.
cum curiis earumque exitibus (kam kyoor-ee-is ee-Cl
ram-kwee ek-sit-i-bas). [Law Latin] Hist. With courts,
and the results or profits of the same. The phrase
appeared in reference to the right of the Baron courts
to any ofthose courts' profits, as distinguished from the
obligation of the King's courts to turn over all profits
to the King.
cum curiis et bloodwitis (kam kyoor-ee-is et bl<Jd-wi
tis). [Law Latin] Scots law. With the power of holding
courts and fining for blood . Property disposed ofcum
curiis et bloodwitis entitled the purchaser ofa barony to
cumulative jurisdiction over barony matters.
cum decimis inclusis et nunquam antea separatis (bm
des-<l-mis in-kloo-sis et nam-kwam an-tee-a sep-a
ray-tis). [Law Latin] Scots law. With the tithes included,
and never before separated . This phrase


-a
ray-tis). [Law Latin] Scots law. With the tithes included,
and never before separated . This phrase exempted
conveyed land from the payment of tithes.
cum dividend. With dividend . Stocks purchased cum
dividend entitle the buyer to any pending declared divi
dends. Cf. EX DIVIDEND.
cum domibus, aedificiis (kam dom-a-bCls, ee-di-fish
ee-is). [Law Latin] Scots law. With houses, buildings.
 These words in a conveyance included within the
conveyance every structure erected on the conveyed
land.
cum effectu (kam i-fek-t[y]oo). [Latin] Hist. With effect;
in effect.
"Prescription does not run against anyone .. , unless
he is able to act in defence of his right cum effectu , . , ,
Under the old feudal system the casualty of ward was not
incurred except where the vassal alienated his lands cllm
effectu. Thus, if the vassal was interdicted and disponed
without the consent of his interdictors, his conveyance
being reducible was not effectual, and the casualty was
not incurred," John Trayner, Trayner's Latin Maxims 127-28
(4th ed. 1894).
cum excessu moderaminis (kam ek-ses-[yJoo mod-Cl-ray
mCl-nis). [Law Latin] Scots law. In excess ofthe limits .
The phrase appeared in reference to the legal limits on
the use ofviolence as a means of self-defense.
cum fabrilibus, brasinis, et brueriis (kam fa-bril-Cl-bas,
bra-sl-nas, et broo-er-ee-is). [Law Latin] Scots law.
With forges, maltkilns, and breweries . A tenant was
restricted from building these structures on land unless
the tenant first obtained the superior's permission.
cum fossa etfurca (kam fOS-<l et f<Jr-k<l). [Law Latin] Hist.
With pit and gallows . In ancient charters, this phrase
granted Baron courts the right to try capital offenses
and to inflict capital punishment.
cum grano salis (k<lm gray-noh say-lis or kuum grah-noh
sah-lis). [Latin] With a grain ofsalt; with allowance for
exaggeration; with reservations.
cum herezeldis (bm her-Cl-zel-dis). [Latin] Scots law.
With herezelds; with the best things that move . The
phrase appeared in reference to a tenant's best horse,

cow, or other animal, when the animal was customarily
transferred to the landlord on the death ofthe tenant.
Cumis counsel. See COUNSEL.
cum libera et plena administratione (kdm lib-dr-d et
plee-na ad-min-a-stray-shee-oh-nee). [Law Latin] Scots
law. With full and free power of administration. -The
phrase appeared in reference to the powers that one
could grant to certain agents, such as attorneys.
cum libero exitu et introitu (kam Iib-.-r-a ek-si-t[y]oo
et in-troh-a-t[y)oo). [Law Latin) Hist. With free exit
and entry.
cum maritagio (k.-m mar-a-tay-jee-oh). [Law Latin] Scots
law. With the marriage portion. -'Ihe phrase appeared
in reference to the required payment to a superior upon
the marriage ofthe superior's ward.
cum molendinis et multuris (k.-m m.--Ien-di-nis et m;}l
ch.-r-is), [Law Latin] Scots law, With mills and multures.
Cf. MOLITURAE,
cum nota (k<lm noh-t<l), [Latin] Scots law. With a distin
gUishing mark. _ Ihe phrase appeared in reference to
otherwise inadmissible testimony that a judge could
allow after considering the testimony's merit or believ
ability.
cum omni causa (kam ahm-m kaw-z<l). [Latin] Roman
law, With every advantage derived from a given trans
action, such as a sale.
cum onere (bm on-.--ree), [Latin] With the burden.
An item acquired cum onere is taken subject to existing
burdens and charges.
cum onere debitorum defuncti (kdm on-ar-ee deb-i
tor-<lm di-f;mgk-tI), [Latin] Hist. With the burden of
the decedent's debts. _ The phrase appeared in refer
ence to an heir's position after entering a succession.
cum pertinentiis (kam par-ta-nen-shee-is). [Latin) With
the appurtenances. _ In a conveyance ofland, the con
veyance included not only everything belonging to the
land, but also rights incident to it.
cum piscariis (bm pis-kair-ee-is). [Law Latin] Scots
law. With fishings. -The phrase was used to convey
an express grant offishing rights without the necessity
ofalso possessing the right for a prescribed period. Cf.
CUM PISCATlONlBUS,
cum piscationibus (k<lm pis-kay-shee-oh-n<l-b<ls). [Law
Latin) Hist. With fishing or fisheries, _ The phrase was
used to convey the express grant offishing rights only
if the grant was accompanied by possession of the right
for a prescribed period. Cf, CUM PISCARIIS.
cum rights. With rights. _ A cum rights purchaser of
stock is entitled to rights that have been declared but
not distributed, such as the right to purchase additional
shares at a stated price, Also termed rights on.
cum satisfurore ipsopuniatur (k<lm sat-is fyuu-ror-ree
ip-soh pyoo-nee-ay-tar). [Latin] Hist. Since he is suf
ficiently punished by the insanity itself. -The phrase
appeared in reference to the principle that an insane person is not criminally responsible for his or her acts.
It was a forerunner to the modern insanity defense,
cum sua causa et labe (kam s[y]OO-d kaw-za et lay-bee).
[Latin] Hist. With its advantages and its defects.
cum suo onere (kam s[yJoo-oh on-;;r-ee). [Latin) Hist.
With its burden. _ The phrase appeared in reference
to a vassal's land encumbrances that the superior was
bound to accept upon the vassal's resignation,
cum testamento annexo (hm tes-t;;-men-toh <l-nek
soh). See administration cum testamento annexo under
ADMINISTRATION,
cum titulo (k;;m tich-[y]a-Ioh). [Law Latin] Hist, With
the title.
cumulatio criminum (kyoo-my.--Iay-shee-oh krim-a
n.-m). [Law Latin] Hist, The accumulation ofcrimes; the
charging ofmore than one crime in an indictment.
cumulative approach. See UNITY OF ART.
cumulative dividend. See DIVIDEND.
cumulative-effects doctrine. (1987) The rule that a
transaction affecting interstate commerce in a trivial
way may be taken together with other similar transac
tions to establish that the combined effect on interstate
commerce is not trivial and can therefore be regulated
under the Commerce Clause, [Cases: Commerce
7(2).]
cumulative error. See ERROR (2).
cumulative-error analysis. Appellate scrutiny of whether
all of the individual harmless errors made in a trial
had the cumulative effect of prejudicing the outcome.
_ Ifthey did, the harmless errors taken together may
amount to reversible error, [Cases: Appeal and Error
C=::> 1026; Federal Courts C=::>891.J
cumulative evidence. See EVIDENCE.
cumulative income bond. See income bond under BOND
(3),
cumulative legacy.!. See accumulative legacy under
LEGACY. 2. See additional legacy under LEGACY.
cumulatively harmful behavior. See HARMFUL BEHAV
IOR.
cumulative offense. See OFFENSE (1).
cumulative preference share. See cumulative preferred
stock under STOCK.
cumulative preferred stock. See STOCK,
cumulative punishment. See PUNISHMENT.
cumulative remedy. See REMEDY,
cumulative sentences. See consecutive sentences under
SENTENCE.
cumulative stock. See cumulative preferred stock under
STOCK.
cumulative supplement. See POCKET PART.
cumulative testimony. See TESTIMONY.
cumulative traverse. See TRAVERSE.
cumulative voting. See VOTING.

438 cumulative zoning
cumulative zoning. See ZONING.
cum virginitas vel castitas corrupta restitui non possU
(k;)m v<lr-jin-i-tas vel kas-ti-tas kd-r;)p-td ri-stich
[Y]OO-I). [Latin] Hist. & Scots law. Since virginity or
chastity once violated cannot be restored. -The phrase
was use to explain the basis for imposing severe pun
ishment for rape.
CUPOS. abbr. A cohabiting unmarried person of the
opposite sex. _ Although this term is intended to be
synonymous with "POSSLQ" (a person of the opposite
sex sharing living quarters), it is more literally precise
because it excludes married persons. See POSSLQ.
cur. abbr. CURIA (3).
cura (kyoor-d), n. [Latin] Roman law. A guardianship
that protects the interests of minors who are between
puberty and the age of25, or incapacitated persons. Cf.
TUTELA. PI. curae.
"Cura was a form of guardianship indicated by the neces
sities of the case, with respect to persons who, though sui
juris, were in need of protection. It was not regarded as a
substitute for patria potestas as tutela was.... It extended
to the person as well as the property, and in the latter
respect is much the same as in the case of the tutela of
infants." R.W. Leage, Roman Private Law 122 (C.H. Ziegler
ed., 2d ed. 1930).
cura furiosi (kyoor-d fyoor-ee-oh-sr). A guardianship
for an insane person who was mentally incapacitated.
"The cura furiosi empowered and bound the curator to
manage the property of the lunatic on the lunatic's behalf."
Rudolph Sohm, The Institutes: A Textbook ofthe History and
System of Roman Private Law 492 Uames Crawford Ledlie
trans., 3d ed. 1907).
cura minoris (kyoor-<J mi-nor-is). A form of guardian
ship for a minor under 25 whose capacity of action
was complete, but whose judgment might be defec
tive. PI. cum minorum.
cum prodigi (kyoor-d prah-d;)-jI). A form of guard
ianship for a spendthrift, usu. at the request of the
person's agnatic family.
"The cura prodigi differed from the cura furiosi in that the
prodigus, unlike the furiosus, was himself capable of per
forming any act by which he acquired a right or benefit. The
appointment of a curator, however, precluded the prodigus
from performing any act which operated to alienate
property or to subject him to a liability; any such act, in
order to be effectual, had to be concluded either by the
curator on behalf of the prodigus or by the prodigus with
the approval of the curator." Rudolph Sohm, The Institutes:
A Textbook ofthe History and System ofRoman Private Law
492 Uames Crawford Ledlie trans., 3d ed. 1907).
cura animarum (kyoor-d an-d-mair-dm). [Law Latin]
Hist. Eccles. law. The cure ofsouls; the care ofsouls.
cur. adv. vult. abbr. CURIA ADVISARI VULT.
curate (kyuur-it). Eccles. law. 1. A person in charge ofa
parish; a pastor. 2. A member ofthe clergy who receives
a stipend or salary to assist a vicar, rector, or pastor; an
assistant to a parish priest. [Cases: Religious Societies
C='27.J
curatio (kya-ray-shee-oh), n. [ff. Latin cura "care"]
Roman law. 1. The power or duty ofmanaging the inter
ests of a youth or incapacitated person. 2. The office of a curator. See CURA. PI. curationes (kY<J-ray-shee
oh-neez).
curative admissibility. See ADMISSIBILITY.
curative-admissibility doctrine. (1975) The rule that
otherwise inadmissible evidence will be admitted to
rebut inadmissible evidence placed before the fact
finder by the adverse party. -Ihe doctrine applies
when a motion to strike cannot cure the prejudice
created by the adverse party. [Cases: Criminal Law
C='396; Evidence C=' 155.]
curative instruction. See JURY INSTRUCTION.
curative statute. See STATUTE.
curator (kyuur-d-tdr or kyuur-ay-taf or kyuu-ray-tor), n.
1. Roman law. (itat). A person who manages the affairs
of another; a guardian. PI. curatores (kYdr-;:)-tor-eez).
SeeCURA.
"Although the control of a Tutor ceased when the Pupiflus
had attained manhood and become invested with his politi
cal rights, it must have frequently happened that the youth
would be involved in bUSiness which he would be incapable
of regulating with advantage at that early age, and would,
at all events, if wealthy, be open to fraud and imposi
tion. Hence arose the practice of nominating a Curator,
whose authority extended to the twenty-fifth year of the
ward, but who did not necessarily, like a Tutor, exercise a
general superintendence, being frequently nominated for
one special purpose .... Curatores were appointed also to
man


utor, exercise a
general superintendence, being frequently nominated for
one special purpose .... Curatores were appointed also to
manage the affairs of persons beyond the age of twenty
five, who, in consequence of being insane, deaf and dumb,
or affected with some incurable disease, were incapable
of attending to their own concerns." William Ramsay, A
Manual of Roman Antiquities 299-300 (Rodolfo Lanciani
ed., 15th ed. 1894).
curator ad litem (kyuu-ray-tor ad h-t<Jm). A curator
appointed by a court to represent the interests of a
youth, or an incapacitated or unborn person, during
the proceedings before the court. [Cases: Infants
76.]
curator bonis (kyuu-ray-tor boh-nis). [Latin "a
guardian of property"] 1. Roman law. A guardian
appointed to care for property, esp. for the benefit
of creditors. 2. Scots law. A person appOinted by a
court to manage an estate, esp. of a minor or an insane
person. -Also termed curator ad bona.
curator bonorum (kyuu-ray-tor ba-nor-<lm). A person
appointed by a court to administer the estate of an
insolvent person.
2. A temporary guardian or conservator appointed by
a court to care for the property or person of a minor
or incapacitated person. [Cases: Guardian and Ward
C='13(6).]
interim curator. Archaic. A person appointed by a
justice of the peace to hold a felon's property until a
royal administrator could be assigned the task.
3. Civil law. A guardian who manages the estate of a
minor, an absent person, or an incapacitated person.
PI. curatores. [Cases: Absentees C=5; Guardian and
Ward
curator ad hoc (kyuu-ray-tor ad hok). A court
appointed curator who manages a Single matter or

439 Curia Regis
transaction. See special guardian under GUARDIAN.
[Cases: Absentees (::=>5; Guardian and Ward (::=>37.]
curator rei (kyuu-ray-tor ree-I). [Latin] Scots law. A
guardian of an estate, as distinguished from a tutor,
who is a guardian ofa person. -Also termed curator
daturrei.
4. Parliamentary law. An officer charged with custody
of an organization's valuable property.
curator ad bona (kyuu-ray-tor ad boh-n<:l). See curator
bonis under CURATOR (1).
curatorship. (16c) The office ofa curator or guardian.
dative curatorship. See dative tutorship under TUTOR
SHIP.
curatory, n. Scots law. The management by a curator of
the affairs ofsomeone incapable, esp. consent to the legal
acts ofa minor to cure the minor's legal incapacity.
curatrix (kyuu-ray-triks). Archaic. A female curator.
curb. See TRADING CURB.
cure, n. 1. A seller's right under the VCC to correct a non
conforming delivery ofgoods, usu. within the contract
period. [Cases: Sales (::=> 166(1).]2. Maritime law. Res
toration to health after disease or injury; medical atten
tion and nursing care during a period ofconvalescence.
See MAINTENANCE AND CURE; MAXIMUM CURE. [Cases:
Seamen (::=> 11.] -curative, adj.
cure, vb. (14c) To remove legal defects or correct legal
errors. For example, curing title involves removing
defects from title to unmarketable land so that title
becomes marketable. [Cases: Vendor and Purchaser
(::=>144.]
cure by verdict. See AIDER BY VERDICT.
curfew (k<:lr-fyoo). 1. Hist. A law requiring that all fires
be extinguished at a certain time in the evening, usu.
announced by the ringing of a bell. 2. A regulation
that forbids people (or certain classes of them, such
as minors) from being outdoors or in vehicles during
specified hours. [Cases: Infants (::=> 13.]
curia (kyoor-ee-<:l), n. [Latin] 1. Roman law. One of 30
divisions (three tribes of ten curiae) into which the
Roman people were said to be divided by Romulus. See
comitia curiata under COMITIA. 2. Roman law. A legis
lative gathering, esp. ofthe Roman Senate; the building
used for the gathering. 3. Hist. A judicial tribunal held
in the sovereign's palace; a royal court. -Abbr. cur. 4.
Hist. A court. 5. The papal court, including its func
tionaries and officials.
''The word curia in classical Latin is used in a number of
ways. Apparently, it meant at first a subdivision of the
people. It was also used, by a transfer which is not too
clear, for the building in which the Roman Senate met. By
an almost inevitable development it became the word for
the Senate itself and later the ordinary designation for the
Council in municipalities of the later Empire .... How much
of this was still recalled in Medieval times, we cannot tell,
but ... in the early Middle Ages, curia was a common word
to describe both the groups of men who generally were
found in attendance on pope, emperor, king or prince,
and the groups which were summoned by him to give him
counsel. The curia in the latter sense, however, was not really a casual group of persons, summoned spasmodi
cally to advise the king or any other person. It had come
to be in Feudal Europe the ordinary Latin word for the
general meeting of the lord's vassals, which itself grew
out of the Germanic mot or thing. ... The Curia of the
king was in theory a larger and more important example
of the same kind of assemblage." Max Radin, Handbook of
AngloAmerican Legal History 46-48 (1936).
curia admiralitatis (kyoor-ee-<:l ad-m<:l-ral-<:l-tay-tis).
[Law Latin] See HIGH COURT OF ADMIRALTY.
curia advisari vult (kyoor-ee-<:l ad-v<:l-sair-I valt). [Latin]
The court will be advised; the court will consider.  This
phrase signaled a court's decision to delay judgment
pending further consideration. In England, the phrase
is still used in all Court ofAppeal decisions when the
judgment is reserved; that is, not delivered after the
hearing. -Abbr. cur. adv. vult; c.a.v.
curia baronis (kyoor-ee-<:l b<:l-roh-nis). [Law Latin] See
COURT BARON.
curia burgi (kyoor-ee-<:l bar-jI). See COURT OF HUSTINGS.
curia cancellaria. See CANCELLARIA.
curia Christianitatis (kyoor-ee-<:l kris-tee-an-<:l-tay-tis).
[Law Latin "a court Christian"] Hist. An ecclesiastical
court. See ecclesiastical court under COURT.
curia claudenda (kyoor-ee-<:l klaw-den-d<:l). See DE
CURIA CLAUDENDA.
curia comitatus (kyoor-ee-<:l kom-<:l-tay-t<:ls). [Law Latin]
See COUNTY COURT.
curia domini (kyoor-ee-<:l dom-<:l-nI). [Law Latin "lord's
court"] Hist. A lord's house or hall, used as a meeting
place for tenants during court sessions.
curia magna (kyoor-ee-<:l mag-n<:l). [Law Latin "great
court"] Hist. An ancient name for Parliament.
curia paiatii (kyoor-ee-<:l p<:l-lay-shee-I). [Law Latin
"court ofthe palace"] PALACE COURT.
Curia Regis (kyoor-ee-<:l ree-jis). [Latin "king's court"]
Hist. (sometimes not cap.) 1. The chief court in early
Norman England, established by William the Con
queror,  The curia regis was a body of advisers who
traveled with the king, advising him on political matters
and acting as an appellate court in important or com
plicated cases. Over time the functions ofthe curia regis
became exclusively judicial in nature. -Also termed
King's Court; aula regis. -Abbr. C.R.
"[W]e are tempted to use terms which are more precise
than those that were current in the twelfth century. In par
ticular we are wont to speak of the Curia Regis without
remembering that the definite article is not in our docu
ments. Any court held in the king's name by the king's
delegates is Curia Regis. Thus the institution of what in
course of time will be a new tribunal, a Court of King's
Bench or a Court of Common Pleas, may be found in some
small rearrangement, some petty technical change, which
at the moment passes unnoticed." 1 Frederick Pollock &
Frederic W. Maitland, The History ofEnglish Law Before the
Time ofEdward 1153 (2d ed. 1898).
"[A small] body collects round the king, a body of admin
istrators selected from the ranks of the baronage and of
the clergy. At its head stands the chiefjusticiar, the king's
right-hand man, his viceroy when the king is, as often he
is, in his foreign dominions.... This body when it sits for

curing title 440
financial purposes constitutes the Exchequer (Scaccarium},
so called from the chequered cloth which lies on the table,
convenient for the counting of money. Also it forms a
council and court of law for the king: it is a curia RegiS,
the king's court, and its members are justitiarii, justiciars
or justices of this court. Under Henry I they are sent into
the counties to collect taxes and to hold pleas; they are
then justitiarii errantes, justitiarii itinerantes. During the
whole period the term curia Regis seems loosely used to
cover both the sessions of this permanent body and the
assembly of the tenants in chief; the former may perhaps
be regarded as a standing committee of the latter." F.W.
Maitland, The Constitutional History of England 63-64
(1908; repro 1955).
"The focal point of royal government was the curia regis
(king's court), the body of adVisers and courtiers who
attended the king and supervised the administration of
the realm. It was not a specific court of law, any more
than the eyre was, but rather was the descendant of the
Anglo-Saxon witengemot (meeting with the witan, or royal
advisers) and the ancestor of the king's council which
later subdivided into parliament and the privy counciL"
J.H. Baker, An Introduaion fa English Legal History 20 (3d
ed.1990).
2. The sessions of this court.
curing title. The act of removing defects from a land title
to make it marketable.
currency. (17c) An item (such as a coin, government note,
or banknote) that circulates as a medium ofexchange.
See LEGAL TENDER. [Cases: United States
blocked currency. Currency or bank deposits that, by
government restriction, may be used only within the
country where they are located.
fractional currency. Paper money worth less than one
dollar; esp., the currency issued by the federal govern
ment from l863 to l876.
hard currency. Currency backed by reserves, esp. gold
and silver reserves.
national currency. Currency approved by a national
government and placed in circulation as a medium of
exchange. See LEGAL TE:-IDER. [Cases: United States
G-~34.)
postal currency. Hist. A fractional currency bearing a
facsimile ofpostage stamps. -The United States Post
Office issued these miniature notes in the 19th century
until 1876. They were exchangeable for postage
stamps, accepted for payments to the government in
amounts up to $5, and could be exchanged for federal
currency in multiples of $5. They were also used as
small change when people hoarded coins during the
Civil War. -Also termed postage currency.
soft currency. Currency not backed by reserves and
therefore subject to sharp fluctuations in value.
United States currency. Currency issued under the
authority of the federal government.
currency arbitrage. See ARBITRAGE.
currency market. See foreign-exchange market under
MARKET.
currency swap. See SWAP. currency-transaction report. A deposit report that must
be signed by a person who deposits $10,000 or more in a
bank account. -The report is on blue paper, much like
the skin color ofthe cartoon characters called Smurfs,
so it is also termed (in slang) a smurf.
current account. See ACCOUNT.
current asset. See ASSET.
current-cost accounting. (1938) A method ofmeasuring
assets in terms ofreplacement cost. -This approach
accounts for inflation by recognizing price changes in
a company's assets and restating the assets in terms of
their current cost.
currente termino (k;3r-ren-tee t~r-mi-noh). [Law Latin)
Scots law. During the currency of the term. -The
phrase might be used in leases.
current expense. See operating expense under EXPENSE.
current funds. See FUNDS (2).
current income. See INCOME.
current liability. 1. See short-term debt under DEBT. 2.
See LIABILITY.
current market value. (18c) The price at which an asset
can be sold within the present accounting period.
current money. See MONEY.
current obligation. See OBLIGATION.
current revenue. See current income under INCOME.
current wages. See WAGE.
current yield. See YIELD.
currit quattuorpedibus (k~r-it kwah-too-;3r ped-;3-bas).
[Law Latin] It runs on four


k~r-it kwah-too-;3r ped-;3-bas).
[Law Latin] It runs on four feet; it runs on all fours. See
ON ALL FOURS.
cursitor (k~r-s;3-t;3r). Hist. A chancery clerk responsible
for making out original writs. -Cursitor derives from
the writs de cursu that the clerks wrote out.
cursitor baron. Hist. An officer of the Court of Exche
quer with administrative, but not judicial, duties.
Over time, as the Barons of the Exchequer took on
more judicial rather than fiscal duties, the need for
someone with financial experience became apparent.
So in 1610 a cursitor baron was appointed to sit along
side the judges. The office was abolished in 1856.
cursor (k;lr-s;3r). Eccles. law. An inferior officer of the
papal court.
curtesy (k;Jr-t;3-see). (16c) At common law, a husband's
right, upon his wife's death, to a life estate in the land
that his wife owned during their marriage, assuming
that a child was born alive to the couple. -This right
has been largely abolished. Traditionally, the full phrase
was estate by the curtesy ofEngland (or Scotland).
Also spelled (esp. in Scots law) courtesy. Also termed
tenancy by the curtesy. Cf. DOWER. [Cases: Dower and
Curtesy (;= 1.]
curtesy consummate (br-t;3-see k<)l1-s;)m-it or kahn
s;3-mit). The interest the husband has in his wife's
estate after her death.

441
curtesy initiate (kar-ta-see i-nish-ee-it). The interest
the husband has in his wife's estate after the birth
of issue capable of inheriting, and before the death
ofthe wife.
curtilage (br-ta-Iij). (14c) The land or yard adjoining a
house, usu. within an enclosure . Under the Fourth
Amendment, the curtilage is an area usu. protected
from warrantless searches. -Also termed (in Latin)
curtillium. See OPEN-FIELDS DOCTRINE. Cf. MESSUAGE.
[Cases: Searches and Seizures (;:::=>27.]
curtiles terrae (kar-tI-leez ter-ee). [Law Latin]See COURT
LANDS.
curtillium (br-til-ee-<lm). [Law Latin] See CURTILAGE.
cushion. See EQUITY (7).
cushion bond. See BOND (3).
custode admittendo (b-stoh-dee ad-mi-ten-doh). See
DF. ClJSTODE ADMITTENDO.
custode amovendo (ka-stoh-dee ay-moh-ven-doh). See
DF. CUSTODE AMOVENDO.
custodes libertatis angliae auctoritate parliamenti
(kd-stoh-deez lib-ar-tay-tis ang-glee-ee awk-tor-a
tay-tee parl-[y]d-men-tI). [Latin] Hist. Guardians of the
liberty of England by the authority ofparliament. _ The
style of all writs and judicial process that issued during
the period between the execution ofCharles I (January
1649) and the proclamation of Oliver Cromwell as Lord
Protector (December 1653).
custodes pads (k<l-stoh-deez pay-sis). [Latin] Hist. Guard
ians (or conservators) of the peace. See PEACE OFFICER.
custodiae causa (b-stoh-dee-ee kaw-zd). [Latin] Scots
law. For keeping; for preserving. The phrase described
a bailment's purpose.
custodial account. See ACCOUNT.
custodia legis. See IN CUSTODIA LEGIS.
custodial interference. Family law. 1. The abduction of
a child or the inducement ofa minor child to leave the
parent legally entitled to custody or not to return to the
parent entitled to legal custody. [Cases: Child Custody
C:::::c57, 569, 969; Kidnapping (;:::=>23.]2. Any hindrance
to a parent's rightful access to a child . The Restate
ment (Second) of Torts  700 (1977) provides for an
action in tort by the parent entitled to custody against
one who, with knowledge that the parent does not
consent, either takes the child or compels or induces
the child to leave or not to return to the parent legally
entitled to custody. [Cases: Child Custody (;:::=>969.]
Also termed custody interference.
custodial interrogation. See INTERROGATION.
custodial parent. See PARENT.
custodial responsibility. Family law. Physical child
custody and supervision, usu. including overnight
responsibility for the child . This term encompasses
visitation and sole, joint, and shared custody. Both
parents share responsibility for the child regardless
of the amount of time they spend with the child. See
CUSTODY. custody
custodial trust. See TRUST.
custodian, n. 1. A person or institution that has charge
or custody (of a child, property, papers, or other valu
ables); GUARDIAN . In reference to a child, a custodian
has either legal or physical custody. See CAREGIVER. 2.
Bankruptcy. A prepetition agent who has taken charge
ofany asset belonging to the debtor. 11 USCA  101(11).
[Cases: Bankruptcy (;:::=>2021.1.] custodianship, n.
custodian bank. See BANK.
custodia terrae et haeredis. See DE CUSTODIA TERRAE
ET HAEREDIS.
custody, n. (15c) 1. The care and control of a thing or
person for inspection, preservation, or security.
constructive custody. (1822) Custody of a person (such
as a parolee or probationer) whose freedom is con
trolled by legal authority but who is not under direct
phYSical controL
penal custody. Custody intended to punish a criminal
offender. [Cases: Escape
physical custody. See PHYSICAL CUSTODY (1).
preventive custody. (1976) Custody intended to prevent
further dangerous or criminal behavior.
protective custody. (1929) 1. The government's con
finement of a person for that person's own security
or well-being, such as a witness whose safety is in
jeopardy or an incompetent person who may harm
him-or herself or others. [Cases: Witnesses (;:::=>20.]
2. Family law. An arrangement intended to protect
a child from abuse, neglect, or danger whereby the
child is placed in the safety of a foster family after
being removed from a home or from the custody of
the person previously responsible for the child>scare.
[Cases: Infants (;:::=>226.] 3. An arrangement made by
law-enforcement authorities to safeguard a person
in a place other than the person's home because of
criminal threats to harm the person.
2. Family law. The care, control, and maintenance
of a child awarded by a court to a responsible adult.
-Custody involves legal custody (decision-making
authority) and physical custody (caregiving author
ity), and an award of custody usu. grants both rights.
In a divorce or separation proceeding between the
parents, the court usu. awards custody to one of them,
unless both are found to be unfit, in which case the
court may award custody to a third party, typically a
relative. In a case involving parental dereliction, such
as abuse or neglect, the court may award custody to the
state for placing the child in foster care ifno responsible
relative or family friend is willing and able to care for
the child. -Also termed child custody; legal custody;
managing conservatorship; parental functions. See
managing conservator (2) under CONSERVATOR; PAR
ENTING PLA~. [Cases: Child Custody (;:=:> 1.]
divided custody. (1905) An arrangement by which
each parent has exclusive physical custody and full
control of and responsibility for the child part of
the time, with visitation rights in the other parent.

442 custody decree
-For example, a mother might have custody during
the school year, and the father might have custody
during the summer vacation. [Cases: Child Custody
(:::;' 21O.J
joint custody. (1870) An arrangement by which both
parents share the responsibility for and authority
over the child at all times, although one parent may
exercise primary physical custody. -In most juris
dictions, there is a rebuttable presumption that joint
custody is in the child's best interests. JOint-custody
arrangements are favored unless there is so much ani
mosity between the parents that the child or children
will be.adversely affected by a joint-custody arrange
ment. An award of joint custody does not necessar
ily mean an equal sharing of time; it does, however,
mean that the parents will consult and share equally
in the child's upbringing and in decision-making
about upbringing. In a joint-custody arrangement,
the rights, privileges, and responsibilities are shared,
though not necessarily the physical custody. In a
joint-custody arrangement, physical custody is usu.
given to one parent. In fact, awards of joint physical
custody, in the absence of extraordinary circum
stances, are usu. found not to be in the best inter
ests ofthe child. -Also termed shared custody; joint
managing conservatorship. [Cases: Child Custody (:::;'
120-155.]
"The statutes, and the cases as well, differ over the defini
tion of joint custody. It is most often defined as meaning
only that both parents will share in the decisions concern
ing the child's care, education, religion, medical treat
ment and general welfare." Homer H. Clark Jr.. The Law
of Domestic Relations in the United States  19.5. at 815
(2d ed. 1988).
legal custody. 1. CUSTODY (2). 2. CUSTODY (3). 3. The
authority to make Significant decisions on a child's
behalf, including decisions about education, religiOUS
training, and healthcare. [Cases: Child Custody (;=
100-107.J
physical custody. 1. PHYSICAL CUSTODY (2). 2. PHYSICAL
CUSTODY (3).
residential custody. See PHYSICAl. CUSTODY (2).
shared custody. See joint custody.
sole custody. (1870) An arrangement by which one
parent has full control and sole decision-making
responsibility -to the exclusion ofthe other parent
on matters such as health, education, religion, and
living arrangements. [Cases: Child Custody 1,
100-107,100-107,27.]
split custody. An arrangement in which one parent
has custody ofone or more children, while the other
parent has ~ustody ofthe remaining children. _ Split
custody is fairly uncommon, since most jurisdictions
favor keeping siblings together. [Cases: Child Custody
0;>27.]
3. The detention ofa person by virtue oflawful process
or authority. -Also termed legal custody. [Cases:
Arrest (:::;'68(3).] -custodial, adj.
custody decree. See DECREE. custody determination. Family law. A court order deter
mining custody and visitation rights. _ The order typi
cally does not include any instructions on child support
or other monetary obligations. [Cases: Child Custody
(;=511,530.]
custody evaluation. See HOME-STUDY REPORT.
custody hearing. See HEARING.
custody interference. See CUSTODIAl. INTERFERENCE.
custody ofthe law. (17c) The condition of property or a
person being under the control oflegal authority (as a
court or law officer). See IN CUSTODIA tEGIS.
custody proceeding. Family law. An action to determine
who is entitled to legal or physical custody of a child.
_ Legal custody gives one the right to make Significant
decisions regarding the child, and physical custody
gives one the right to physical care and control of the
child. See CUSTODY; custody hearing under HEARING.
[Cases: Child Custody C--::::401.]
custom, n. (13c) 1. A practice that by its common
adoption and long, unvarying habit has come to have
the force oflaw. See USAGE. [Cases: Customs and Usages
G-~1.] -customary, adj.
conventional custom. A custom that operates only
indirectly through the medium ofagreements, so that
it is accepted and adopted in individual instances as
conventional law between the parties to those agree
ments. -Also termed usage. See USAGE.
general custom. 1. A custom that prevails throughout a
country and constitutes one ofthe sources of the law
ofthe land. [Cases: Customs and Usages 2.
A custom that businesses recognize and follow. See
trade usage under USAGE.
legal custom. A custom that operates as a binding rule
oflaw, independently ofany agreement on the part of
those subject to it. -Often shortened to custom.
local custom. A custom that prevails in some defined
locality only, such as a city or county, and constitutes
a source of law for that place only. Also termed
particular custom; special custom. [Cases: Customs
and Usages (:::;' 1-22.]
2. (pl.) Duties imposed on imports or exports. 3. (pl.)
The agency or procedure for collecting such duties.
customal, n. See CUSTOMARY.
custom and usage. General rules and practices that
have become the norm through unvarying habit and
common use. Cf. CUSTOM (1); USAGE. [Cases: Customs
and Usages (:::;' 1-22.]
customary, n. (16c) A record


Customs
and Usages (:::;' 1-22.]
customary, n. (16c) A record of all the established legal
and quasi-legal practices within a community. Also
termed custumal; customal.
customary court baron. See COURT BARON.
customary dispatch. See DISPATCH.
customary estate. See COPYHOLD.
customary freehold. See COPYHOLD.
customary international law. See INTERNATIONAL LAW.

443
customary interpretation. See INTERPRETATION.
customary law. (16c) Law consisting of customs that
are accepted as legal requirements or obligatory rules
of conduct; practices and beliefs that are so vital and
intrinsic a part of a social and economic system that
they are treated as if they were laws. -Also termed
consuetudinary law.
"In contrast with the statute, customary law may be said to
exemplify implicit law. Let us, therefore, describe custom
ary law in terms that will reveal to the maximum this quality
of implicitness. A custom is not declared or enacted, but
grows or develops through time. The date when it first
came into full effect can usually be assigned only within
broad limits. Though we may be able to describe in general
the class of persons among whom the custom has come
to prevail as a standard of conduct, it has no definite
author; there is no person or defined human agency we
can praise or blame for its being good or bad. There is no
authoritative verbal declaration of the terms of the custom;
it expresses itself not in a succession of words, but in a
course of conduct." Lon L. Fuller, Anatomy of the Law 71
(1968).
customary seisin. See quasi-seisin under SEISIN.
customary tenant. See TENANT.
customers' goods. See GOODS.
customer's man. See registered representative under REP
RESENTATIVE.
customer's person. See registered representative under
REPRESENTATIVE.
customhouse. A building or office, esp. at a port, where
duties or customs are collected and where ships are
cleared for entering or leaving the port. -Also spelled
customshouse.
customhouse broker. See BROKER.
custom ofYork. See YORK, CUSTOM OF.
Customs and Patent Appeals, Court of. See COURT OF
CUSTOMS AND PATENT APPEALS.
customs broker. See customhouse broker under BROKER.
Customs Cooperation Council. A specialized inter
governmental organization for the study of customs
questions. Established in 1952, the Council has its
headquarters in Brussels. -Abbr. CCc.
Customs Court, U.S. See UNITED STATES CUSTOMS
COURT.
customs duty. See DUTY (4).
customs frontier. Int'llaw. The territorial boundary at
which a country imposes customs duties.
customshouse. See CUSTOMHOUSE.
customs union. Int'l law. A combination of two or
more countries within a single customs area with a
common external tariff, though each participating
country remains politically independent.  The effect
is that tariffs originally levied on the traffic of goods
between those countries are abolished or else succes
sively dismantled according to an agreed-upon scheme,
and that common tariffs are imposed on imports from
nonmembers. cyberlaw
custos (k;)s-tahs also k;)s-t;)s). [Latin] Hist. A keeper, pro
tector, or guardian.
Custos Brevium (k;)s-tahs bree-vee-;)m). [Law Latin
"keeper of the writs"] Hist. A clerk who receives and
files the writs returnable to the Courts ofKing's Bench
and Common Pleas. The office was abolished in
1837. -Also termed Keeper ofthe Briefs.
custos maris (k;)s-tahs mar-is). [Law Latin "warden ofthe
sea"] Hist. A high-ranking naval officer; an admiral.
Also termed seaward; seward.
custos morum (k;)s-tahs mor-dm). [Law Latin] Custodian
ofmorals <H.L.A. Hart believed that courts should not
be seen as the custos morum> .  This name was some
times used in reference to the Court of King's Bench.
"[H]e [Viscount Simonds] approved the assertion of Lord
Mansfield two centuries before that the Court of King's
Bench was the custos morum of the people and had the
superintendency of offences contra bonos mores." Patrick
Devlin, The Enforcement ofMorals 88 (1968).
custos placitorum coronae (k;)s-tahs plas-;)-tor-dm
kd-roh-nee). [Law Latin] See CORONATOR.
Custos Rotulorum (k;)s-tahs roch-p-lor-dm or rot-Yd
lor-dm). [Law Latin "keeper ofthe pleas ofthe Crown"]
Hist. The principal justice of the peace in a county,
responsible for the rolls of the county sessions of the
peace. -Also termed Keeper ofthe Rolls.
Custos Sigilli. See KEEPER OF THE GREAT SEAL.
custos spiritualium (k;)s-tahs spir-i-choo-ay-Iee-;)m or
-tyoo-ay-Iee-;)m). [Law Latin "keeper of the spirituali
ties"] Eccles. law. A member of the clergy responsible
for a diocese's spiritual jurisdiction during the vacancy
of the see.
custos terrae (k;)s-tahs ter-ee). [Law Latin "keeper ofthe
land"] Hist. Guardian, warden, or keeper ofthe land.
custuma (k;)s-chd-md or k;)S-tp-md). [French coustum
"toll" or "tribute"] Hist. A duty or impost.
custumal, n. See CUSTOMARY.
cutoff date. See DATE.
cutpurse. Hist. A person who steals by cutting purses;
a pickpocket.
CVA. abbr. United States Court of Veterans Appeals.
See UNITED STATES COURT OF APPEALS FOR VETERANS
CLAIMS.
CVSG. abbr. A call for the view of the Solicitor General
an invitation from the U.S. Supreme Court for the
Solicitor General's views on a pending petition for writ
ofcertiorari in a case in which, though the government
is not a party, governmental interests are involved.
Cwth. abbr. COMMONWEALTH (4).
CXT. abbr. See common external tariff under TARIFF (2).
cybercrime. See computer crime under CRIME.
cybedaw (sI-bdr-law). (1994) The field oflaw dealing with
the Internet, encompassing cases, statutes, regulations,
and disputes that affect people and businesses interact
ing through computers. Cyberlaw addresses issues
ofonline speech and business that arise because ofthe

nature ofthe medium, including intellectual property
rights, free speech, privacy, e-commerce, and safety, as
well as questions ofjurisdiction. -Also termed cyber
space law.
"Much of the hoopla about 'cyberspace law' relates more
to climbing the steep learning curve of [the Internet'sl tech
nological complexities than to changes in fundamental
legal principles. To the extent there was 'new' law, it was
almost entirely caseby-case development, in accordance
with accepted and wellunderstood basic legal principles,
albeit applied to new technology and new circumstances."
Jay Dratler Jr., Cyberlaw  1.01, at 13 (2001).
cyberpatent. See business-method patent and Internet
patent under PATENT (3).
cyberpayment. A transfer of money over the Internet,
usu. through a payment service. -Also termed
Internet payment.
cyberpiracy. Trademarks. The act of registering a well
known name or mark (or one that is confusingly
similar) as a website's domain name, usu. for the
purpose of deriving revenue . One form of cyber
piracy is cybersquatting. Another is using a similar
name or mark to mislead consumers. For example, a
site called Nikee.com that sells Nikee branded athletic
shoes and sporting goods would draw customers away
the famous Nike brand. [Cases: Trademarks C=o 1490
1503.] -cyberpirate, n.
cyberspace law. See CYBERLAW.
cybersquatting. (1997) The act of reserving a domain
name on the Internet, esp. a name that would be associ
ated with a company's trademark, and then seeking to
profit by selling or licensing the name to the company
that has an interest in being identified with it . The
practice was banned by federal law in 1999. See ANTI
CYBERSQUATTING CONSUMER PROTECTION ACT. [Cases:
Telecommunications C=o 1333.]
cyberstalking. (1995) The act of threatening, harass
ing, or annoying someone through multiple e-mail
messages, as through the Internet, esp. with the intent
of placing the recipient in fear that an illegal act or an
injury will be inflicted on the recipient or a member of
the recipient's family or household.
cyberterrorism. See TERRORISM.
cybertheft. (1994) The act of using an online computer
service, such as one on the Internet, to steal someone
else's property or to interfere with someone else's use
and enjoyment of property. Examples of cybertheft
are hacking into a bank's computer records to wrong
fully credit one account and debit another, and interfer
ing with a copyright by wrongfully sending protected
material over the Internet. [Cases: Telecommunications
C=o461.15.] cyclical (sI-kl;l-bl or sik-l;l-bl), ad}. (Of a stock or an
industry) characterized by large price swings that occur
because of government policy, economic conditions,
and seasonal changes.
cy pres (see pray or SI). [Law French "as near as"] (1885)
1. The equitable doctrine under which a court reforms
a written instrument with a gift to charity as closely
to the donor's intention as possible, so that the gift
does not fail.  Courts use cy pres esp. in construing
charitable gifts when the donor's original charitable
purpose cannot be fulfilled. It is also used to distrib
ute unclaimed portions of a class-action judgment or
settlement funds to a charity that will advance the
interests of the class. More recently, courts have used
cy pres to distribute class-action-settlement funds not
amenable to individual claims or to a meaningful pro
rata distribution to a nonprofit charitable organization
whose work indirectly benefits the class members and
advances the public interest. Cf. DOCTRINE OF APPROX
IMATION. [Cases: Charities C=o37; Deposits in Court
C=oll.]
"The cy pres doctrine has been much discussed, if not
a little severely criticised, and in many cases misunder
stood.... The cy pres doctrine is one under which Courts
of Chancery act, when a gift for charitable uses cannot
be applied according to the exact intention of the donor.
In such cases the courts will apply the gift, as nearly as
possible (cy pres) in conformity with the presumed general
intention of the donor; for it is an established maxim in the
interpretation of wills, that a court is bound to carry the
will into effect if it can see a general intention consistent
with the rules of law, even if the particular mode or manner
pointed out by the testator cannot be followed." George
T. Bispham, The Principles ofEquity 104, at 113-14 (11th
ed.1931).
"Although the reason for the adoption of the cy pres rule
by the English chancery court in the middle ages is not
known, various hypotheses as to the motives of the court
have been suggested. The most plausible theory is that
the chancellors, being ecclesiastics and trained in Roman
law, resurrected this civil law doctrine in order to save
gifts made for religious purposes and thereby subject the
property to church control. Justification for the use of the
doctrine was laid on the shoulders of the donor, the idea
being that since the object of the testator in donating the
money to charity was to obtain an advantageous position
in the kingdom of heaven, he ought not to be frustrated
in this desire because of an unexpected or unforeseen
failure." Edith L. Fisch, The Cy Pres Doctrine in the United
States 4 (1950).
2. A statutory provision that allows a court to reform
a will, deed, or other instrument to avoid violating the
rule against perpetuities. See RULE AGAINST PERPETU
ITIES. [Cases: Perpetuities C=o4(22).]
cyrographarius (sI-roh-gp-fair-ee-;ls). [Law Latin] Hist.
See CHIROGRAPH (4).
cyrographum (sI-rog-r;l-bm). [Law Latin] See CHIRO
GRAPH (2).

D
D. abbr. 1. DISTRICT. 2. DEFENDANT. 3. DIGEST.
D.A. abbr. 1. DISTRICT ATTORNEY. 2. See deposit account
under ACCOUNT.
dactylography (dak-td-Iog-rd-fee), n. The scientific study
of fingerprints as a method of identification. Also
termed dactyloscopy. dactylographic (dak-til-d
graf-ik), a'dj.
dactyloscopy. See DACTYLOGRAPHY.
DAF. abbr. DELIVERED AT FRONTIER.
dailia. See DALUS.
dailus. See DALUS.
daily balance. (1859) The final daily accounting for a day
on which interest is to be accrued or paid.
average daily balance. The average amount of money
in an account (such as a bank account or credit-card
account) during a given period . This amount serves
as the basis for computing interest or a finance charge
for the period.
daily newspaper. See NEWSPAPER.
daisy chain. A series ofpurchases and sales ofthe same
stock by a small group ofsecurities dealers attempting
to drive up the stock's price to attract