and the common carrier who were (subject to certain safe
guards) legally bound to contract with any member of the
public who required their services." P.S. Atiyah, An Introduc
tion to the Law of Contract 8 (3d ed. 1981).
common carrier. See CARRIER.
common cause. See common plea (1) under PLEA (3).
common-character requirement. (1997) The rule that
for a group of persons to qualify as a class in a class
action lawsuit, the appointment of the class must
achieve economies of time, effort, and expense, and
must promote uniformity ofdecision for persons simi
larly situated, in addition to sharing common questions
offact and law. Cf. COMMONALITY TEST. [Cases: Parties
~35.17.]
common chase. See CHASE.
common cost. See indirect cost under COST (1).
common council. See COUNCIL.
common count. See COUNT.
common day. See DAY.
common debtor. See DEBTOR.
common-defeasance bond. See penal bond under BOND
(2).
common descriptive name. See GENERIC NAME.
common design. (17c) 1. The intention by two or more
people to join in committing an unlawful act. [Cases:
Criminal Law ~59(4).] 2. An intention to commit
more than one crime. 3. The general design or layout
ofplots ofland surrounding a particular tract. -Also
termed common scheme; common plan. See ZONING. common diligence. See due diligence (1) and ordinary
diligence under DILIGENCE (2).
common disaster. (1878) An event that causes two or
more persons with related property interests (such as
an insured and the beneficiary) to die at very nearly the
same time, with no way ofdetermining who died first.
See UNIFORM SIMULTANEOUS DEATH ACT; COMMORI
ENTES. [Cases: Death ~5; Insurance ~3485.]
common-disaster clause. (1949) A provision in a dis
positive instrument, such as an insurance policy or a
will, that seeks to cover the situation in which the trans
feror and transferee die in a common disaster. [Cases:
Insurance ~3485; Wills ~543.]
common duty ofcare. (1887) A landowner's obligation
to take reasonable care under the circumstances to see
that a lawful visitor will be reasonably safe in using
the premises for the purposes for which the visitor is
permitted to be there.
common easement. See EASEMENT.
common elements. See COMMON AREA (2).
common-employment doctrine. See FELLOW-SERVANT
RULE.
common-enemy doctrine. (1905) Property. The rule
that a landowner may repel surface waters as neces
sary (as during a flood), without having to consider
the consequences to other landowners . The doctrine
takes its name from the idea that the floodwater is every
landowner's common enemy. [Cases: Waters and Water
Courses ~116-119.]
common enterprise. See JOINT ENTERPRISE.
commoner. (17c) 1. ErE. An ordinary citizen; one not a
peer. 2. Archaic. A member ofthe House ofCommons.
3. Archaic. A common lawyer. 4. Archaic. A person
having a right ofcommon -that is, a right to pasture
on a lord's land. 5. A person who shares a right in
common.
common error. (1897) Copyright. A mistake found both
in a copyrighted work and in an allegedly infringing
work, the mistake being persuasive evidence of unau
thorized copying. [Cases: Copyrights and Intellectual
Property ~83(3.1).]
common external tariff. See TARIFF (2).
common fine. See FINE (4).
common fishery. See FISHERY (2).
common-fund doctrine. The principle that a litigant
who creates, discovers, increases, or preserves a fund
to which others also have a claim is entitled to recover
litigation costs and attorney's fees from that fund.
Also termed equitable-fund doctrine. [Cases: Attorney
and Client ~155.]
common gambler. 1. One who owns or is employed by
a gambling establishment; a bookmaker. 2. A profes
sional gambler.  A person who gambles but not cus
tomarily, habitually, or frequently, and who does not
rely on gambling for a liVing, is considered a casual

313
gambler, not a common gambler. [Cases: Gaming
78.]
common heritage of mankind. Int' flaw. The parts of
the earth and cosmos that can be said to belong to all
humanity, without regard for geographic location,
and that should be protected and administered for
its benefit. -The term embraces the ocean floor and
its subsoil, and outer space. Also termed common
heritage ofhumankind.
common highway. See HIGHWAY.
common informer. (18c) A person who sues to recover
a penalty in a penal action. _ In some jurisdictions,
such an action may be instituted either by the attorney
general on behalf ofthe state or by a common informer.
See INFORMER; penal action under ACTION (4).
common in gross. See COMMON.
common intendment. See INTENDMENT.
common-interest doctrine. See joint-defense privilege
under PRIVILEGE b).
common-interest exception. See jOint-defense privilege
under PRIVILEGE (3).
common-interest privilege. See jOint-defense privilege
under PRIVILEGE (3).
common in the soil. See COMMON.
common jury. See petit jury under JURY.
common knowledge. (I7c) A fact that is so widely known
that a court may accept it as true without proof. See
JUDICIAL NOTICE. [Cases: Criminal Law 304;
Evidence (;:::>5.]
common-knowledge exception. (1929) The principle that
lay testimony concerning routine or simple medical
procedures is admissible to establish negligence in a
medical-malpractice action. _ This is a narrow excep
tion in some jurisdictions to the rule that a medical
malpractice plaintiff must present expert testimony to
establish negligence. (Cases: Health C'::)821(4).j
common law, n. [fro Law French commen ley "common
law"] (14c) 1. The body oflaw derived from judicial
decisions, rather than from statutes or constitutions;
CASELAW <federal common law>. Cf. STATUTORY LAW.
[Cases: Common Law
"Historically, [the common law] is made quite differently
from the Continental code. The code precedes judg
ments; the common law follows them. The code articu
lates in chapters, sections, and paragraphs the rules in
accordance with which judgments are given. The common
law on the other hand is inarticulate until it is expressed
in ajudgment. Where the code governs, it is the judge's
duty to ascertain the law from the words which the code
uses. Where the common law governs, the judge, in what
is now the forgotten past, decided the case in accordance
with morality and custom and later judges followed his
decision. They did not do so by construing the words of
his judgment. They looked for the reason which had made
him decide the case the way he did, the ratio decidendi as it
came to be called. Thus it was the principle of the case, not
the words, which went into the common law. So historically
the common law is much less fettering than a code." Patrick
Devlin, The Judge 177 (1979). common law
federal common law. (1855) The body of decisional law
derived from federal courts when adjudicating federal
questions and other matters offederal concern, such
as disputes between the states and foreign relations,
but excluding all cases governed by state law. _ An
example is the nonstatutory law applying to inter
state streams ofcommerce. [Cases: Federal Courts
<>:;374.]
"Notwithstanding Erie, the federal common law still lives
in a number of areas. In some, such as admiralty, ... the
power to create common law has been inferred from a
constitutional or statutory grant ofjurisdiction, where a
federal common law has appeared necessary to accomplish
the purposes of the grant. In other cases, on more or less
persuasive evidence, the [Supreme] Court has inferred
implicit damage remedies on behalf of injured parties from
federal statutes imposing duties for their protection, or has
found an implicit congressional delegation of authority to
make common law, as in actions on collective-bargaining
agreements affecting commerce under the Taft-Hartley
Act,  301." David P. Currie, Federa/jurisdiction in a Nutshell
226 (3d ed. 1990).
generalfederal common law. (1890) Hist. In the period
before Erie v. Tompkins (304 U.S. 64, 58 S.Ct. 817
(1938, the judge-made law developed by federal
courts in deciding disputes in diversity-of-citizenship
cases. -Since Erie, a federal court has been bound to
apply the substantive law of the state in which it sits.
So even though there is a "federal common law," there
is no longer a general federal common law applicable
to all disputes heard in federal court. (Cases: Federal
Courts ~373, 374.]
2. The body of law based on the English legal system,
as distinct from a civil-law system; the general Anglo
American system of legal concepts, together with the
techniques of applying them, that form the basis ofthe
law in jurisdictions where the system applies <all states
except Louisiana have the common law as their legal
system>. Cf. CIVIL LAW (1).
American common law. 1. The body of English law
that was adopted as the law ofthe American colonies
and supplemented with local enactments and judg
ments. 2. The body ofjudge -made law that developed
during and after the United States' colonial period,
esp. since independence. Also termed AnglO-Amer
ican common law. [Cases: Common Law (;:::>1.]
"Every country has its common law. Ours is composed
partly of the common law of England and partly of our
own usages. When our ancestors emigrated from England,
they took with them such of the English principles as were
convenient for the situation in which they were about to
place themselves. It required time and experience to ascer
tain how much of the English law would be SUitable to
this country. By degrees, as circumstances demanded, we
adopted the English usages, or substituted others better
suited to our wants, until at length, before the time of the
Revolution, we had formed a system of our own, founded
in general on the English Constitution, but not without
considerable variations." Guardians of the Poor v. Greene,
5 Binn. 554, 557 (Pa. 1813).
3. General law common to the country as a whole, as
opposed to special law that has only local application
<the issue is whether the common law trumps our juris
diction's local rules>. Also termed jus commune.

314 common-law action
"In its historical origin the term common law (jus commune)
was identical in meaning with the term general law ....
The jus commune was the general law of the land -the
lex terrae -as opposed to jus speciale. Bya process of
historical development, however, the common law has now
become, not the entire general law, but only the residue
of that law after deducting equity and statute law. It is no
longer possible, therefore, to use the expression common
law and general law as synonymous." John Salmond, Juris
prudence 97 (Glanville L. Williams ed., 10th ed. 1947).
"[Ilt is necessary to dispose briefly of a problem of nomen
clature. European equivalents of the expression 'common
law' have been used, especially in Germany, to describe
an emergent system of national law, based on the Roman
model, that came into existence before national parlia
ments undertook to enact laws for the nation as a whole.
In this use, 'the common law' (gemeines Recht) was used
to distinguish the commonly shared tradition of Roman law
from local statutes and customs." Lon L. Fuller, Anatomy
of the Law 133 (1968).
4. The body oflaw deriving from law courts as opposed
to those sitting in equity <a mortgage founded in
common law>. The common law of England was
one of the three main historical sources of English
law. The other two were legislation and equity. The
common law evolved from custom and was the body
oflaw created by and administered by the king's courts.
Equity developed to overcome the occasional rigidity
and unfairness ofthe common law. Originally the king
himself granted or denied petitions in equity; later the
task fell to the chancellor, and later still to the Court
of Chancery.
common-law action. See ACTION (4).
common-law assignment. See ASSIGNMENT (2).
common-law bond. See BOND (2).
common-law cheat. See CHEATING.
common-law contempt. See criminal contempt under
CONTEMPT.
common-law copyright. See COPYRIGHT.
common-law corporation. See corporation by prescrip
tion under CORPORATION.
common-law crime. See CRIME.
common-law dedication. See DEDICATION.
common-law extortion. See EXTORTION (1).
common-law fraud. See promissory fraud under FRAUD.
common-law husband. See HUSBAND.
common-law jurisdiction. See JURISDICTION.
common-law lawyer. (19c) A lawyer who is versed in or
practices under a common-law system. -Also termed
common lawyer (16c).
common-law lien. See LIEN.
common-law malice. See actual malice (2) under
MALICE.
common-law marriage. See MARRIAGE (1).
common-law mortgage. See deed oftrust under DEED.
common-law pleading. See PLEADING (2). common-law-property state. See COMMON-LAW STATE
(2).
common-law rule. (17c) 1. A judge-made rule as opposed


W STATE
(2).
common-law rule. (17c) 1. A judge-made rule as opposed
to a statutory one. [Cases: Common Law (;=> 1.] 2. A
legal as opposed to an equitable rule. 3. A general rule
as opposed to one deriving from special law (such as
a local custom or a rule of foreign law that, based on
choice-of-Iaw principles, is applied in place ofdomestic
law). 4. An old rule ofEnglish law.
common-law seal. See SEAL (1).
common-law specialty. See contract under seal under
CONTRACT; SPECIALTY (1).
common-law state. (1848) 1. NONCODE STATE. 2. Any
state that has not adopted a community-property
regime . The chief difference today between a com
munity-property state and a common-law state is that
in a common-law state, a spouse's interest in property
held by the other spouse does not vest until (1) a divorce
action has been filed, or (2) the other spouse has died.
Cf. COMMUNITY-PROPERTY STATE.
common-law trust. See business trust under TRUST (4).
common-law wife. See WIFE.
common lawyer. See COMMON-LAW LAWYER.
common market. See MARKET.
Common Market. The European Economic Commu
nity. Common Market is a colloquial term -not a
formal deSignation. See EUROPEAN UNION.
common mistake. See mutual mistake (2) under
MISTAKE.
common money bond. See BOND (2).
common-nucleus-of-operative-fact test. (1966) The
doctrine that a federal court will have pendent juris
diction over state-law claims that arise from the same
facts as the federal claims providing a basis for sub
ject-matter jurisdiction . One purpose of this test is
to promote judicial economy. [Cases: Federal Courts
(;=> 14.1.]
"The modern doctrine of pendent jurisdiction, as
announced by the Supreme Court in United Mine Workers
v. Gibbs (1966), is much broader. ... Pendent jurisdiction,
the Court said, existed whenever 'the state and federal
claims ... derive from a common nucleus of operative
fact,' and when considerations of judicial economy dictate
having a single trial." David P. Currie, Federal Jurisdiction
in a Nutshell 1 06 (3d ed. 1990).
common nuisance. See public nuisance under NUI
SANCE.
common occupant. See general occupant under occu
PANT.
common of digging. See common in the soil under
COMMON.
common ofestovers. See COMMON.
common of fishery. See common of piscary under
COMMON.
common ofpasture. See COMMON.
common ofpiscary. See COMMON.

315
common of shack. See COMMON.
common ofturbary. See COMMON.
common order. See conditional judgment under JUDG
MENT.
common parliamentary law. See PARLIAMENTARY LAW.
common plan. See COMMON DESIGN.
common plea. See PLEA (3).
Common Pleas, Court of. See COURT OF COMMON
PLEAS.
common property. See PROPERTY.
common recovery. Hist. An elaborate proceeding, full
oflegal fictions, by which a tenant in tail disentailed
a fee-tail estate . The action facilitated land transfer
by allowing a potential transferee who was barred
by law from receiving land to "recover" the land by
suing the actual owner. Common recoveries, which
were abolished early in the 19th century, were orig
inally concocted by the clergy as a way to avoid the
land-conveyance restrictions imposed by mortmain
acts. -Also termed feigned recovery. See MORTMAIN
STATUTE. Cf. CESSIO IN J"GREj praecipe quod reddat
under PRAECIPE.
"Here's how [the common recoveryl worked. S, with the
connivance of A, would bring a real action against A
claiming falsely that he, B, owned the land and demanding
recovery of it. A responded by claiming, just as falsely, that
he had acquired the land from C and that C had warranted
title to the land. When A demanded of C, also an accom
plice of A, that he defend the title, C admitted falsely that
he had, indeed, warranted the title. C allowed B to take a
default judgment against A for the recovery of the land,
and allowed A to obtain a default judgment against himself,
C, for the recovery of land of equal value. The result of this
fancy feudal footwork was to leave B with title to the land
in fee simple and to leave A with his judgment against C.
The judgment against C was viewed by the court as an
adequate substitute for the entailed land. But when it came
time for 0 or A's lineal heirs to enforce the judgment, it
would transpire that C had been selected by A because he
had no land at all! (Why else would C have played along?)
Did the court have any suspicion that A, B, and C were col
luding? Of course they did but how else, in the face of De
Donis, could they unshackle land from the chains of the fee
tail?" Thomas F. Bergin &Paul G. Haskell, Preface to Estates
in Land and Future Interests 31-32 (2d ed. 1984).
common-return days. See dies communes in banco (1)
under DIES.
common rule ex parte. Hist. A court-docket entry
reflecting that the case would be decided by a majority
vote and would proceed even ifa notified party did not
appear. See Billington v. Sprague, 22 Me. 34 (1842).
common scheme. See COMMON DESIGN.
common school. See public school under SCHOOL.
common scold. See SCOLD.
common serjeant. A judicial officer, appointed by the
City of London, who helps the recorder in criminal
trials.
common-situs picketing. See PICKETING.
common-source doctrine. (1938) The principle that a
defendant in a trespass-to-try-title action who claims commorant
under a source common to both the defendant and the
plaintiff may not demonstrate title in a third source that
is paramount to the common source because doing so
amounts to an attack on the source under which the
defendant claims title. [Cases: Trespass to Try Title
common stock. See STOCK.
common-stock equivalent. A security that is exchange
able for common stock, and thus is considered to be the
same as common stock . Common-stock equivalents
include certain types of convertible securities, stock
options, and warrants.
common-stock fund. See M"GTUAL FUND.
common-stock ratio. The relationship of outstanding
common stock to the corporation's total capitaliza
tion. The common-stock ratio measures the relative
claims ofstockholders to earnings (earnings per share
and payout ratio), cash flow (cash flow per share), and
equity (book value per share). Cf. PAYOUT RATIO.
common substitution. See St:BSTITlJTION (4).
common suit. See common plea (1) under PLEA (3).
common tenancy. See tenancy in common under
TENANCY.
common thief. See THIEF.
common traverse. See TRAVERSE.
common trust fund. See TRUST FUND.
common venture. See common adventure under ADVEN
TURE.
common wall. See party wall under WALL.
commonweal (kom-an-weel). The general welfare; the
common good.
commonwealth. (15c) 1. A nation, state, or other politi
cal unit <the Commonwealth ofPennsylvania>. [Cases:
States C=>1.] 2. A political unit that has local autonomy
but is voluntarily united with the United States <Puerto
Rico and the Northern Mariana Islands are common
wealths>. Cf. DEPENDENCY (1); INSULAR AREA; TER
RITORY (2). 3. A loose association of countries that
recognize one sovereign <the British Commonwealth>.
 In this context, in Great Britain, the term British
has been dropped from British Commonwealth; BrE
speakers refer simply to the Commonwealth. Abbr.
Commw.; comm. 4. The central (federal) power in Aus
tralia. -Abbr. (in sense 4) Cwth.
commonwealth attorney. A prosecutor in some jurisdic
tions, such as Virginia.
commonwealth court. See COURT.
common without stint. See COMMON.
commorancy (kom-a-ran-see). 1. Temporary residency.
2. English law. Permanent residency in a certain place.
commorant (kom-a-rant). 1. A person who dwells in a
place temporarily. 2. English law. A person who resides
permanently in a certain place.

316 commorientes
commorientes (ka-mor-ee-en-teez). (18c) [fro Latin com
morior "to die together"]l. (pl.) Persons who die at the
same time, often of the same cause, such as spouses
who die in an accident. [Cases: Death 2. Civil
law. The rule establishing presumptions of survivorship
for purposes ofsuccession regarding such persons. See
simultaneous death under DEATH; UNIFORM SIMULTA
NEOUS DEATH ACT.
commotion. See CIVIL COMMOTION.
commune (kom-yoon), n. (17c) A community ofpeople
who share property and responsibilities.
commune/orum (k;:l-myoo-nee for-;:lm). [Latin "common
place ofjustice"] Hist. The seat ofthe principal English
courts, esp. those that do not go on circuit.
commune placitum (k;:l-myoo-nee plas-<l-t<lm). [Latin
"common plea"] Hist. A common plea between persons,
as opposed to a plea of the Crown (Le., a criminal
action). PI. communia placito.
commune vinculum (ka-myoo-nee ving-kyo-Iam). [Latin
"common bond "] Hist. A relationship or tie between
persons; esp., the bond between lord and tenant, or the
relationship between blood relatives.
communia (ka-myoo-nee-a). [Latin] Hist. Things owned
in common, such as running water, the air, and the
sea.
communia placita non tenenda in scaccario (k<l-myoo
nee-<l plas-<l-td non ta-nen-d<l in sk<l-kair-ee-oh). [Law
Latin "common pleas are not held in the Exchequer"]
Hist. A writ directed to the Treasurer and Barons of
the Exchequer, forbidding them from holding pleas
between common persons, Le., pleas in which the
Crown was not a party.
communia precepta (k;:l-myoo-nee-<l pree-sep-t;:l).
[Latin] Hist. Common precepts; common rules.
communibus annis (k;:l-myoo-ni-b;:ls an-is). [Latin] Hist.
On the average ofyears; on the annual average.
"[TJhe money arising from corn rents communibus
annis, almost double to the rents in money." 2
William Blackstone, Commentaries on the Laws ofEngland
322 (1766).
communication. (14c) 1. The expression or exchange of
information by speech, writing, gestures, or conduct;
the process of bringing an idea to another's perception.
2. The information so expressed or exchanged.
conditionally privileged communication. (1889) A
defamatory statement made in good faith by a person
with an interest in a subject to someone who also has
an interest in the subject, as an employer giving a
negative but accurate job review ofa former employee
to a potential future employer. -The privilege may
be lost upon a shOWing ofmalice or bad faith. [Cases:
Libel and Slander ~40.]
confidential communication. (18c) A communica
tion made within a certain protected relationship
and legally protected from compelled disclosure in a
legal proceeding. -Among confidential communica
tions are those between husband and wife, attorney and client, and priest and penitent. See PRIVILEGE (3).
[Cases: Privileged Communications and Confidenti
ality 60, 100,403.]
ex parte communication. (1804) A communica
tion between counsel and the court when opposing
counsel is not present. -Such communications are
ordinarily prohibited. Federal Civil Procedure
G-~1969; Trial
privileged communication. (1809) A communication
that is protected by law from compelled disclosure
in a legal proceeding, or that cannot be used against
the person who made it. - include an infor
mant's communication to a government agency and
statements made in a legislative session by a legisla
tor. See PRIVILEGE (3). [Cases: Privileged Commu
nications and Confidentialitv 1, 374; States
28(2).] ,
communication right. Copyright. The power of a copy
right owner to authorize or prohibit the transmission
of a work to the public by way of interactive on-demand
systems such as the Internet. _ This right is included in
the WIPO Copyright Treaty and the European Com
mission's Directive on the Information Society. [Cases:
Copyrights and Intellectual Property ~36.1
communicative evidence. See testimonial evidence
under EVIDENCE.
communi consensu (b-myoo-nr k;:ln-sen-s[y]oo). [Latin)
By common consent.
communi dividundo. See actio de communi dividundo
under ACTIO.
communings (b-myoo-nings), n. Scots law. Contract
negotiations.
communio bonorum (kd-myoo-nee-oh b;:l-nor-;:lm).
[Latin "community of goods"] Civil law. Commonly
owned goods, esp. those held in common by a husband
and wife. PI. communiones bonorum.
communis error (ka-myoo-nis e-ror). [Latin] Scots law.
A common error; esp., a long-standing error in practice
that the court would uphold even though the practice
has no legal basis. -Also termed communis errorfacet
jus.
communism. (19c) 1.


has no legal basis. -Also termed communis errorfacet
jus.
communism. (19c) 1. A political doctrine, based on
Marxism, advocating the abolition of capitalism by
ground-roots revolution; specif., a social and political
doctrine advocating the abolition of private ownership
in favor of common ownership ofthe means ofproduc
tion and the goods produced, each person contribut
ing as able and receiving as needed. Cf. CAPiTALISM. 2.
Totalitarian government.
communis opinio (k<l-myoo-nis ;:l-pin-ee-oh). [Latin
"common opinion"] Hist. A generally accepted belief
about a point oflaw. -Ifheld unanimously by those
learned in the law, this common belief had the force of
law in classical Rome.
"Communis opinio is evidence of what the law is, not
where it is an opinion merely speculative and theoretical,
floating in the minds of persons, but where it has been
made the ground-work and substratum of practice." 1

317
Alexander M. Burrill, A Law Dictionary and Glossary 330
(2d ed. 1867) (quoting Lord Ellenborough).
communis opinio doctorum (ka-myoo-nis a-pin-ee-oh
dok-tor-<lml. [Latin "learned common opinion"] Hist.
Scholarly agreement on points ofRoman law, collected
by the glossators ofJustinian's texts in the later Middle
Ages.
communis paries (k<l-myoo-nis par-ee-eez). [Latin
"common wall"] Civil law. See party wall under WALL.
PI. communes parietes.
communis patria (ka-myoo-nis pay-tree-a). [Law Latin]
Hist. The cQmmon country; a place deemed home to
all.
"Under the old diligence of apprising, directed against heri
table rights, the messenger executing the diligence held
his court in the head borough of the shire where the lands
lay, but afterwards it became the practice to hold these
courts in Edinburgh as communis patria to all Scotland."
John Trayner, Trayner's Latin Maxims 86 (4th ed. 1894).
communis scriptura (ka-myoo-nis skrip-t[y]oor-akam
myoo-nas-skrip-tyuur-a). [Latin "common writing"]
Hist. See CHIROGRAPH.
communis stipes (b-myoo-nis str-peez). [Latin
"common trunk"] Hist. A common ancestor.
communitization (ka-myoo-na-ta-zay-shan), n. Oil &
gas. The aggregating of small tracts sufficient for the
granting of a well permit under applicable well-spacing
rules; POOLING. Cf. UNITIZATION. [Cases: Mines and
Minerals C=>92.78.] communitize (ka-myoo-na
tIZ), vb.
commuuity. (14c) 1. A neighborhood, vicinity, or
locality. 2. A society or group of people with similar
rights or interests. 3. Joint ownership, possession, or
participation.
commuuityaccount. See ACCOUNT.
community control. A criminal sentence whose terms
. include intensive and strict supervision ofan offender
in the community, as by restricting the offender's
movements and activities and conducting electronic
surveillance, and providing severe sanctions for viola
tions ofany ofthe sentence's terms. [Cases: Sentencing
and Punishment 1800, 1811.J
community correctional center. See JAIL.
community debt. See DEBT.
Community Development Financial Institution Fund.
A fund in the U.S. Department ofthe Treasury created
to expand available credit, investment capital, and
financial services in distressed urban and rural com
munities. -Abbr. CDFI Fund.
community estate. In a community-property state,
the total of the assets and debts making up a married
couple's property owned in common. Cf. COMMUNITY
PROPERTY. [Cases: Husband and Wife C=>249-260,
268.]
community grant. See GRANT.
community lease. See LEASE. community property
Community mark. See Community trademark under
TRADEMARK.
community-notification law. See MEGAN'S LAW.
community obligation. See OBLIGATION.
community of interest. (17c) 1. Participation in a joint
venture characterized by shared liability and shared
opportunity for profit. See JOINT VENTURE. [Cases:
Joint Adventures C=> 1.2(7).] 2. A common grievance
that must be shared by all class members to maintain
the class action. See CLASS ACTION. [Cases: Federal
Civil Procedure 165; Parties C::;)35.17.] 3. Labor
law. A criterion used by the National Labor Relations
Board in deciding whether a group of employees should
be allowed to act as a bargaining unit. The Board
considers whether the employees have similar duties,
wages, hours, benefits, skills, training, supervision, and
working conditions. See BARGAINING UNIT.
Labor and Employment C=> 1173.]
community ofprofits. The right of partners to share in
the partnership's profits.
Community patent. See PATENT (J).
Community Patent Convention. A 1975 treaty that, for
patent purposes, treats the European Union as a single
state and allows a patent applicant to obtain patent
protection in all European Union nations through a
Single blanket filing and examination procedure .
Ifthe application is approved, the European Patent
Office issues a single Community patent. The treaty's
full name is the Convention for the European Patent
for the Common Market.
community policing. (1969) A law-enforcement tech
nique in which police officers are assigned to a particu
lar neighborhood or area to develop relationships with
the residents for the purpose ofenhancing the chances
ofdetecting and thwarting criminal activity.
community property. (1820) Assets owned in common
by husband and wife as a result of its having been
acquired during the marriage by means other than an
inheritance or a gift to one spouse, each spouse gen
erally holding a one-half interest in the property .
Only nine states have community-property systems:
Arizona, California, Idaho, Louisiana, Nevada, New
Mexico, Texas, Washington, and Wisconsin. See
marital property under PROPERTY; TITLE DIVISION.
Cf. COMMUNITY ESTATE; SEPARATE PROPERTY.
Husband and Wife C=>249-260.]
quasi-community property. Personal property that,
having been acquired in a non-community-prop
erty state, would have been community property if
acquired in a community-property state . Ifa com
munity-property state is the forum for a divorce or
administration of a decedent's estate, state law may
allow the court to treat quasi-community property
as ifit were community property when it determines
the spouses' interests. [Cases: Husband and Wife
246,249-260.]

318 community-property state
community-property state. (1907) A state in which
spouses hold property that is acquired during marriage
(other than property acquired by inheritance or indi
vidual gift) as community property. See COMMU
NITY PROPERTY. Cf. COMMON-LAW STATE (2). [Cases:
Husband and Wife
community service. Socially valuable work performed
without pay . Community service is often required
as part of a criminal sentence, esp. one that does not
include incarceration. lCases: Sentencing and Punish
ment 1982.]
Commu~ity trademark. See TRADEMARK.
Community Trademark Treaty. A 1996 agreement
allowing a trademark registrant to file a single appli
cation with the European Trademark Office for trade
mark protection in all European Union nations instead
offiling a separate application in each country . The
trademark registrant does not have to be a citizen ofa
member nation to file an application. [Cases: Trade
marks C--1236.]
community trust. An agency organized to administer
funds placed in trust for public-health, educational,
and other charitable purposes in perpetuity.
commutation (kom-ya-tay-sh;m), n. (15c) L An exchange
or replacement. 2. Criminal law. The executive's substi
tution in a particular case of a less severe punishment
for a more severe one that has already been judicially
imposed on the defendant. Cf. PARDON; REPRIEVE.
[Cases: Pardon and Parole 28.]  Commutation
may be based on the discovery of pertinent facts that
were not known or available when the sentenced was
decided, or that arose and were developed afterward.
It may also be based on the executive's statutorily or
constitutionally granted discretion, regardless of the
facts. Under  1-2.113 ofthe US DOr Manual, commu
tation is rarely granted but may be considered for old
age, illness, disparity, or undue severity ofsentence. 3.
Commercial & civil law. The substitution of one form
of payment for another. commute, vb. -commu
tative, adj.
commutation of payments. Workers' compensation. A
substitution of lump-sum compensation for periodic
payments. Ihe lump sum is equal to the present value
ofthe future periodic payments. [Cases: Taxation
2295.]
commutation oftaxes. A tax exemption resulting from a
taxpayer's paying either a lump sum or a specific sum in
lieu of an ad valorem tax. [Cases: Taxation C:::o200.]
Commutation of Tithes Act. Hist. An act of Parlia
ment that permitted tithes to be levied and collected
in the form of cash rents rather than labor and goods
in kind.
commutation tax. See TAX.
commutative contract. See CONTRACT.
commutative justice. See JUSTICE (1).
commuted value. See VALUE (2).
Commw. abbr. COMMONWEALTH. compact (kom-pakt), n. (14c) An agreement or covenant
between two or more parties, esp. between govern
ments or states.
family compact. An agreement to further common
interests made between related people or within
a group that behaves as a family. _ Historically,
some international treaties among nations ruled by
monarchs have been called family compacts because
ofintermarriage among the royal houses.
interstate compact. (1903) A voluntary agreement
between states enacted into law in the participating
states upon federal congressional approval. Cf. I)lTER
STATE AGREEMENT. [Cases: States C:::o6.]
Compact Clause. (1925) U.S. Const. art. I,  10, cl. 3,
which forbids a state from entering into a contract with
another state or a foreign country without congressio
nal approval. [Cases: States G=6.]
companion hill. See BILL (3).
companionship services. Assistance provided to
someone who needs help with personal matters such
as bathing and dressing . This type of service (in
contrast to housecleaning) is exempt from the Federal
Labor Standards Act's minimum-wage and overtime
requirements.
company. (13c) 1. A corporation -Of, less commonly,
an association, partnership, or union -that carries
on a commercial or industrial enterprise. 2. A corpo~
ration, partnership, association, joint-stock company,
trust, fund, or organized group of persons, whether
incorporated or not, and (in an official capacity) any
receiver, trustee in bankruptcy, or similar official, or
liquidating agent, for any of the foregOing. Investment
Company Act  2(a)(8) (15 USCA  80a-2(a)(8)). -
Abbr. CO.; com.
bonding company. A company that insures a party
against a loss caused by a third party.
controlled company. A company that is under the
control of an individual, group, or corporation that
owns most ofthe company's voting stock. Cf. subsid
iary corporation under CORPORATION.
dead-and-buried company. A business that has dis
solved, leaving no assets.
deposit company. An institution whose business is the
safekeeping of securities or other valuables deposited
in boxes or safes leased to the depositors. See DEPOSI
TARY; DEPOSITORY.
development-stage company. Securities. A company
that devotes substantially all of its efforts to establish
ing a new business in which the principal operations
either have not yet begun or have begun but are not
generating significant revenue.
diversified holding company. A holding company that
controls several unrelated companies or businesses.
diversified investment company. An investment
company that by law must invest 75% of its assets,
but may not invest more than 5% of its assets in any

319
one company or hold more than 10% of the voting
shares in anyone company.
face-amount certificate company. An investment
company that is engaged or proposes to engage in
the business of issuing face-amount certificates of
the installment type, or that has been engaged in this
business and has such a certificate outstanding. See
investment company.
growth company. A company whose earnings have
increased at a rapid pace and that usu. difects a high
proportion of income back into the business.
guaranty company. See surety company.
holding company. (1906) A company formed to control
other companies, usu. confining its role to owning
stock and supervising management. -It does not par
ticipate in making day-to-day business decisions in
those companies. [Cases: Corporations
investment company. A company formed to acquire
and manage a portfolio ofdiverse assets by investing
money collected from different sources. -The Invest
ment Company Act of 1940 defines the term as an
issuer of securities that (1) is, holds itself out to be,
or proposes to be engaged primarily in the business
of investing, reinvesting, or trading in securities; (2)
is engaged or proposes to engage in the business of
issuing face-amount certificates of the installment
type, or has been engaged in this business and has
such a certificate outstanding; or (3) is engaged or
proposes to engage in the business ofinvest


this business and has
such a certificate outstanding; or (3) is engaged or
proposes to engage in the business ofinvesting, rein
vesting, owning, holding, or trading in securities,
and owns or proposes to acquire investment securi
ties having a value exceeding 40% ofthe value of the
issuer's total assets (exclusive ofgovernment securities
and cash items) on an unconsolidated basis. 15 USCA
 80a-2(a)(16). Also termed investment trust. See
REAL-ESTATE INVESTMENT TRUST; MUTUAL FUND.
[Cases: Securities Regulation (::::>211-222.]
joint-stock company. (18c) 1. An unincorporated asso
ciation of individuals possessing common capital, the
capital being contributed by the members and divided
into shares, ofwhich each member possesses a number
of shares proportionate to the member's investment.
[Cases: Joint-Stock Companies and Business Trusts
1-24.] 2. A partnership in which the capital is
divided into shares that are transferable without the
express consent ofthe partners. Also termed joint
stock association; stock association. [Cases: Partner
ship (::::>224.]
"The joint stock association or company developed early
in English company law, the term being used to distinguish
companies which operated on a joint account and with a
'joint stock' (in trade) of their members from companies
(now obsolete) each member of whom traded on one's
separate account with one's own stock in trade.. , . In
Americanjurisdictions, the joint stock association is gener
ally an unincorporated business enterprise with ownership
interests represented by shares of stock." Henry G. Henn
& John R. Alexander, Laws of Coypoyations  50, at 109
(3d ed. 1983). company
limited company. (1862) A company in which the lia
bility of each shareholder is limited to the amount
individually invested. - A corporation is the most
common example of a limited company.
limited-liability company. (1856) A company statu
torily authorized in certain states that is character
ized by limited liability, management by members or
managers, and limitations on ownership transfer.
Abbr. L.L.C. Also termed limited-liability corpora
tion. [Cases; Limited Liability Companies (::::> 1-11.]
management company. Any investment company that
is neither a face-amount certificate company nor a
unit-investment trust. See investment company;face
amount certificate company; unit-investment trust
under TRUST.
mutual company. A company that is owned by its
customers rather than by a separate group of stock
holders. _ Many insurance companies are mutual
companies, as are many federal savings-and-Ioan
associations. See MUTUAL LNSURANCE COMPANY.
[Cases: Building and Loan Associations (::::> 1; Cor
porations (::::>3; Insurance
parent company. See parent corporation under COR
PORATION.
personal holding company. (1924) A holding company
that is subject to special taxes and that usu, has a
limited number of shareholders, with most of its
revenue originating from passive income such as divi
dends, interest, rent, and royalties. [Cases: Internal
Revenue (::::> 3850.1-3858, 4120.]
railroad company. See railroad corporation under COR
PORATION.
reporting company. A company that, because it issues
publicly traded securities, must comply with the
reporting requirements ofthe Securities Exchange Act
of 1934. [Cases: Securities Regulation (;:::>35.23.]
safe-deposit company. See DEPOSITARY (1),
shelfcompany. A company that is formed without a
particular purpose and may not actually operate until
some purpose for its existence arises, usu. when sold
to a buyer. -After being formed, shelf companies are
usu. allowed to age before being offered for sale. The
benefits of a shelf company to a buyer include time
saved by not having to form a company, the appear
ance of longevity, and easier access to credit. If the
company is incorporated, it is also termed a shelfcor
poration.
small-business investment company. See SMALL-BUSI
NESS INVESTMENT COMPANY.
surety company. A company authorized to engage in
the business ofentering into guaranty and suretyship
contracts and acting as a surety on bonds, esp. bail,
fidelity, and judicial bonds. Also termed guaranty
company. [Cases: Bail (::::>60; Principal and Surety
(::::>52.]
title company. (1892) A company that examines real
estate titles for any encumbrances, claims, or other

320 company-run dividend-reinvestment plan
flaws, and issues title insurance. -Also termed
title-guaranty company. See TITLE SEARCH. [Cases:
Abstracts ofTitle (;::::>2.]
trust company. (1834) A company that acts as a
trustee for people and entities and that sometimes
also operates as a commercial bank. -Also termed
(if incorporated) trust corporation. See TITLE (1), (2).
[Cases: Banks and Banking (;::::>310-315.]
company-run dividend-reinvestment plan. See DIVI
DEND-REINVESTMENT PLAN.
company's paper. See commercial paper under PAPER.
company. union. See UNION.
comparable (kom-par-<:l-b<:ll), n. (19c) (usu. pl.) A piece of
property used as a comparison to determine the value
ofa similar piece ofproperty. [Cases: Evidence (;::::> 113,
142.] -comparable, adj.
comparable accommodation. A standard used for deter
mining the maximum allowable rent in rent-regulated
housing. In applying this standard, a court reviews
the prevailing rent for substantially similar housing
units in the same area.
comparable-sales approach. See MARKET APPROACH.
comparables analysis. See MARKET APPROACH.
comparable worth. (1983) l. The analogous value that
two or more employees bring to a business through
their work. 2. The idea that employees who perform
identical work should receive identical pay, regardless
of their sex; the doctrine that men and women who
perform work ofequal value should receive comparable
pay. [Cases: Civil Rights (;::::> 1175; Labor and Employ
ment C=-2463.]
comparatio literarum (kom-p<:l-ray-shee-oh lit-<:l
rair-<:lm). [Latin "comparison of writings"] Hist. The act
ofcomparing writings to ascertain authorship . Even
under Roman law, handwriting experts (comparatores)
sometimes testified about a document's authenticity.
comparatist. A comparative-law scholar.
comparative advertising. See ADVERTISING.
comparative criminology. See CRIMINOLOGY.
comparative disparity. (1977) Constitutional law. The
percentage ofunderrepresentation ofa particular group
among potential jurors on a venire, in comparison
with the group's percentage ofthe general population.
 Comparative disparity is calculated by subtracting
a group's percentage of representation on the venire
from the group's percentage ofthe population -that
is, calculating the group's absolute-disparity represen
tation -then dividing that percentage by the group's
percentage-representation in the population, and
multiplying the result by 100. For example, ifAfrican
Americans make up 12% ofa county's population, and
8% of the potential jurors on the venire, the absolute
disparity ofAfrican-Americans is 4%. And the com
parative disparity is 33%, because 4 divided by 12 is
.33, or 33%. Many courts criticize the comparative
disparity analysis, and favor an absolute-disparity analysis, because the comparative-disparity analysis
is said to exaggerate the deviation. The reason for cal
culating the disparity is to analyze a claim that the jury
was not impartial because it was not selected from a
pool of jurors that fairly represented the makeup of
the jurisdiction. See DUREN TEST; FAIR-CROSS-SECTION
REQUIREMENT; STATISTICAL-DECISION THEORY. Cf.
ABSOLUTE DISPARITY. [Cases: Jury (;::::>33(1.1).]
comparative fault. See comparative negligence under
NEGLIGENCE.
comparative history oflaw. See descriptive comparative
law under COMPARATIVE LAW.
comparative-impairment test. (1974) Conflict oflaws. A
test that asks which oftwo or more forums would have
its policies most impaired by not having its law applied
in the case. [Cases: Action (;::::> 17.]
comparative interpretation. See INTERPRETATION.
comparative jurisprudence. See COMPARATIVE LAW.
comparative law. The scholarly study ofthe similarities
and differences between the legal systems of different
jurisdictions, such as between civil-law and common
law countries. -Also termed comparative jurispru
dence. See INTERNATIONAL LAW.
"What is known as comparative jurisprudence -namely,
the study of the resemblances and differences between
different legal systems -is not a separate branch ofjuris
prudence co-ordinate with the analytical, historical, and
ethical, but is merely a particular method of that science
in all its branches. We compare English law with Roman law
either for the purpose of analytical jurisprudence, in order
the better to comprehend the conceptions and principles
of each of those systems; or for the purpose of historical
jurisprudence, in order that we may better understand the
course of development of each system; or for the purpose
of ethical jurisprudence, in order that we may better judge
the practical merits and demerits of each of them. Apart
from such purposes the comparative study of law would
be merely futile." John Salmond, jurisprudence 7-8 n.(c)
(Glanville L. Williams ed., 10th ed. 1947).
descriptive comparative law. The inventory of legal
systems (past and present) as a whole, as well as
of individual rules that these systems establish for
several categories of legal relations . Descriptive
comparative law is sometimes considered one of
three subsets ofcomparative law, the other two being
comparative legislation and comparative history of
law. See COMPARATIVE LEGISLATION; COMPARATIVE
LEGAL HISTORY.
comparative legal history. A species of comparative law
seeking to establish a universal history of law, so that
the succession of social phenomena influencing the
evolution ofthe legal world might be better understood.
 This field is closely allied to ethnological jurispru
dence, folklore, legal sociology, and jurisprudence.
Also termed comparative history oflaw. Cf. descriptive
comparative law under COMPARATIVE LAW; COMPARA
TIVE LEGISLATION.
comparative legislation. A species of comparative law
seeking to define the common link for modern statu
tory doctrines, concerned with the development of
legal study as a social science and with awakening an

321
international legal consciousness, Cf. descriptive com
parative law under COMPARATIVE LAW; COMPARATIVE
LEGAL HISTORY.
comparative negligence. See NEGLIGE::-ICE,
comparative-negligence doctrine. (1904) Torts. The
principle that reduces a plaintiff's recovery propor
tionally to the plaintiff's degree of fault in causing the
damage, rather than barring recovery completely .
Most states have statutorily adopted the comparative
negligence doctrine, See NEGLIGENCE. Cf. CONTRIBU
TORY-NEGLIGENCE DOCTRINE, [Cases: Negligence
549.]
comparative nomogenetics. The study of the develop
ment of the world's legal ideas and systems. This
term, like comparative nomoscopy and comparative
nomothetics, was devised by fohn Henry Wigmore.
See John Henry Wigmore, A Panorama ofthe World's
Legal Systems 1121 (libr. ed. 1936).
comparative nomoscopy. The description of the world's
legal systems.
comparative nomothetics. The analysis ofthe merits of
legal systems.
comparative rectitude. (1913) Archaic. Family law. The
degree to which one spouse is less culpable than the
other in damaging the marriage, so that even though
both spouses are at fault, the less culpable spouse may
successfully petition for a separation or divorce,
Comparative rectitude tempers the doctrine of recrimi
nation by making a divorce pOSSible even though both
parties are at fault. Comparative rectitude is now vir
tually obsolete because of the prevalence of no-fault
divorce. See RECRIMINATION (1). [Cases: Divorce
53.]
comparative-sales approach. See MARKET APPROACH.
comparator (bm-par-;l-t;lr or kom-p;l-ray-t;lr). Some
thing with which something else is compared <the
female plaintiffs alleged illegal wage discrimination
and contrasted their pay with that of male compara
tors>.
comparuit ad diem (bm-pair-oo-wit ad dI-;lm), n.
[Latin "he appeared to the day"] Hist. A plea averring
that the defendant appeared in court as required and
did not forfeit the bail bond.
compassing (k;Jm-p;l-sing). Hist. The act of contriving
or plotting, esp. of something underhanded, -The
Treason Act of 1351 criminalized the act of compass
ing the sovereign's death. -Also termed imagining.
compel, vb. (14c) 1. To cause or bring about by force,
threats, or overwhelming pressure <a lawyer cannot
be compelled to testify about a privileged communica
tion>, 2. (Of a legislative mandate or judicial precedent)
to convince (a court) that there is only one possible
resol


. (Of a legislative mandate or judicial precedent)
to convince (a court) that there is only one possible
resolution ofa legal dispute <the wording ofthe statute
compels us to affirm>,
compellable, adj. Capable of or subject to being com
pelled, esp. to testify <an accused person's spouse is not
a compellable witness for the prosecution>. compensatio injuriarum
compellativus (bm-pel-a-tI-v;lS). [fro Latin compellare
"to accuse"] Hist. An adversary or accuser.
compelling need. A need so great that irreparable harm
or injustice would result if it is not met. _ Generally,
courts decide whether a compelling need is present
based on the unique facts of each case, In some juris
dictions, however, statutes define "compelling need" or
provide gUidelines for determining whether one exists.
See, e,g" 5 USCA  552(a)(6)(E)(v) (defining "compel
ling need" for an expedited response to a Freedom of
Information Act request).
compelling-state-interest test. (1966) Constitutional law.
A method for determining the constitutional validity of
a law, whereby the government's interest in the law and
its purpose is balanced against an individual's consti
tutional right that is affected by the law . Only if the
government's interest is strong enough will the law be
upheld. The compelling-state-interest test is used, e.g.,
in equal-protection analysiS when the disputed law
requires strict scrutiny. See STRICT SCRUTINY. [Cases:
Constitutional Law (;::J 1053, 3062.)
compensable (k;lm-pen-sa-b~I), adj. (17c) Able or entitled
to be compensated for <a compensable injury>. Also
termed recompensable.
compensable death. See DEATH.
compensable injury. See INJURY,
compensate (kom-p;ln-sayt), vb. 1. To pay (another) for
services rendered <the lawyer was fairly compensated
for her time and effort>, 2. To make an amendatory
payment to; to recompense (for an injury) <the court
ordered the defendant to compensate the injured plain
tiff>.
compensated surety. See SURETY,
compensating balance. The amount ofmoney a borrower
from a bank is reqUired to keep on deposit as a condi
tion for a loan or a line of credit.
compensatio (kom-pen-say-shee-oh), n, [Latin
"weighing; balancing"] Roman law. A defendant's claim
to have the plaintiff's demand reduced by the amount
that the plaintiff owes the defendant. See SETOFF (2).
compensatio criminis (kompen-say-shee-oh krim-a
nis). [Latin) Eccles. law. A defendant's plea in a divorce
action, alleging that the complainant is guilty of the
same conduct that the defendant is charged with, esp.
adultery. See RECRIMINATION (1).
"The compensatio criminis is the standard canon law of
England in questions of divorce, and it is founded on the
principle that a man cannot be permitted to complain of
the breach of a contract which he had first Violated; and
the same prinCiple, it is to be presumed, prevails in the
United States, So, if the injured party, subsequently to the
adultery, cohabits with the other, or is otherwise reconciled
to the other, after just grounds of belief in the fact, it is, in
judgment of law, a remission of the offense, and a bar to
the divorce." 4 James Kent, Commentaries on American Law
*100-01 (George Comstock ed., 11th ed, 1866).
compensatio injuriarum (kom-pen-say-shee-oh in-juur
ee-air-am). [Latin "the compensation of wrongs"] Scots
law. The setoff in a defamation action.

compensation (kom-pan-say-shan), n. (14c) 1. Remu
neration and other benefits received in return for
services rendered; esp., salary or wages. [Cases: Labor
and Employment (;::::j 168.]
"Compensation consists of wages and benefits in return
for services. It is payment for work. If the work contracted
for is not done, there is no obligation to pay. [Compensa
tion] includes wages, stock option plans, profit-sharing,
commissions, bonuses, golden parachutes, vacation, sick
pay, medical benefits, disability, leaves of absence, and
expense reimbursement." Kurt H. Decker & H. Thomas Felix
II, Drafting and Revising Employment Contracts  3.17, at
68 (1991).
2. Pay~ent of damages, or any other act that a court
orders to be done by a person who has caused injury to
another. In theory, compensation makes the injured
person whole. [Cases: Damages G=::> 15.]3. SETOFF (2).
compensatory, (k<lm-pen-sa-tor-ee), compensational
(kom-p;m-say-sh<l-n<ll), adj.
accrued compensation. (1919) Remuneration that has
been earned but not yet paid.
adequate compensation. See just compensation.
deferred compensation. (1926) 1. Payment for work
performed, to be paid in the future or when some
future event occurs. [Cases: Labor and Employ
ment 177.] 2. An employee's earnings that are
taxed when received or distributed rather than when
earned, such as contributions to a qualified pension
or profit-sharing plan.
just compensation. (16c) Under the Fifth Amendment,
a payment by the government for property it has
taken under eminent domain usu. the property's
fair market value, so that the owner is theoretically
no worse off after the taking. Also termed adequate
compensation; due compensation; land damages.
[Cases: Eminent Domain (;=> 122-150.]
unemployment compensation. Compensation paid at
regular intervals by a state agency to an unemployed
person, esp. one who has been laid off. -Also termed
unemployment insurance. [Cases: Unemployment
Compensation (;=> 1.]
unreasonable compensation. (1946) Tax. Compen
sation that is not deductible as a business expense
because the compensation is out ofproportion to the
services actually rendered or because it exceeds statu
torily defined limits. IRC (26 USCA)  162. [Cases:
Internal Revenue (;:::.,3323]
Compensation Clause. The clause ofthe U.S. Constitu
tion providing for federal judges to be paid. U.S. Const.
art. III,  1, d. 2. [Cases: Judges (;=>22.]
compensation period. The time fixed by unemploy
ment or workers' -compensation law during which an
unemployed or injured worker is entitled to receive
compensation. [Cases: Unemployment Compensation
(;=>580-585.; Workers' Compensation C:)836-868.]
compensatories. See compensatory damages (1) under
DAMAGES.
compensatory damages. See DAMAGES. compensatory payment. Family law. A postmarital
spousal payment made by the richer ex-spouse to the
poorer one and treated as an entitlement rather than
as a discretionary award . Compensatory payments
are set by statute and are based on a formula using
the length of the marriage, differences in postdivorce
income, role as primary caregiver, and other factors.
The purpose is to compensate somewhat for disparate
income levels after a failed marriage. Cf. ALIMONY.
compensatory time. See COMP TIME.
comperendinatio (kom-p,'lr-en-da-nay-shee-oh), n.
[Latin "to remand to the next day but one") Roman
law. An adjournment ofan action, particularly one of
the actiones legis, to hear the parties or their advocates
a second time; a second hearing ofthe parties to a case.
 The judge (judex) would decide the case at the conclu
sion ofthe second hearing. See LEGIS ACTIO.
competence, n. (17c) 1. A basic or minimal ability to do
something; qualification, esp. to testify <competence
ofa witness>. [Cases: Witnesses (;=>35.)2. The capacity
ofan official body to do something <the court's com
petence to enter a valid judgment>. 3. Authenticity
<the documents were supported by a business-records
affidavit, leaVing their competence as evidence beyond
doubt>. [Cases: Criminal Law (;:::444; Evidence (;=>
369.] Cf. COMPETENCY. -competent, adj.
competency, n. (16c) 1. The mental ability to understand
problems and make decisions. [Cases: Mental Health
G=~'3.) 2. A criminal defendant's ability to stand trial,
measured by the capacity to understand the proceed
ings, to consult meaningfully with counsel, and to
assist in the defense. -Also termed competency to
stand trial. [Cases: Mental Health (;=>432.] Cf. COM
PETENCE. competent, adj.
competency hearing. See PATE HEARING.
competency proceeding. See PROCEEDING.
competency to stand trial. See COMPETENCY.
competent contractor. See CONTRACTOR.
competent court. See court ofcompetent jurisdiction
under COURT.
competent evidence. See EVIDENCE.
competent jurisdiction. See rURISDICTION (2).
competent witness. See WITNESS.
competition. (16c) The struggle for commercial advan
tage; the effort or action of two or more commer
cial interests to obtain the same business from third
parties.
fair competition. (17c) Open, equitable, and just com
petition between business competitors.
horizontal competition. (1930) Competition between
a seller and its competitors . The Sherman Antitrust
Act prohibits unreasonable restraints on horizontal
competition, such as price-fixing agreements between
competitors. -Also termed primary-line competi
tion.

323 complaint
perfect competition. A completely efficient market situ
ation characterized by numerous buyers and sellers,
a homogeneous product, perfect information for all
parties, and complete freedom to move in and out
of the market.  Perfect competition rarely if ever
exists, but antitrust scholars often use the theory as a
standard for measuring market performance.
primary-litle competition. See horizontal competi
tion.
vertical competition. (1954) Competition between
participants at different levels of distribution, such
as manufacturer and distributor. -Also termed sec
ondary-line competition.
competitive advantage. The potential benefit from
information, ideas, or devices that, if kept secret by a
business, might be economically exploited to improve
the business's market share or to increase its income.
competitive advertising. See ADVERTISING.
competitive bid. See BID (2).
competitive civil-service examination. A test designed
to evaluate a person's qualifications for a civil-service
position. 'This type of examination may be open to
all those seeking civil-service employment, or it may
be restricted to those civil servants seeking a promo
tion. See CIVIL SERVICE. [Cases: Officers and Public
Employees
competitive injury. A wrongful economic loss caused by
a commercial rival, such as the loss ofsales due to unfair
competition; a disadvantage in a plaintiff's ability to
compete with a defendant, caused by the defendant's
unfair competition . Most courts require the plaintiff
to show a competitive injury as an element ofa misap
propriation action, or to have standing to prosecute a
false-advertising action under 15 USCA  1125(a)(l)
(B). Also termed competitive harm. [Cases: Antitrust
and Trade Regulation (;:::::; 138.]
~ompetitor dick fraud. See FRAUD.
compilation (kom-pd-Iay-sh;:m), n. (I5c) 1. Copyright.
A collection ofliterary works arranged in an original
way; esp., a work formed by collecting and assembling
preexisting materials or data that are selected, coor
dinated, or arranged in such a way that the resulting
product constitutes an original work of authorship.
An author who creates a compilation owns the copy
right of the compilation but not of the component
parts. See 17 USCA  101. Cf. collective work, deriva
tive work under WORK (2). [Cases: Copyrights and Intel
lectual Property 12(3).] 2. A collection of statutes,
updated and arranged to facilitate their use. -Also
termed compiled statutes. [Cases: Statutes ~~144.] 3.
A financial statement that does not have an accoun
tant's assurance ofconformity with generally accepted
accounting principles . In preparing a compilation,
an accountant does not gather evidence or verify the
accuracy of the information proVided by the client;
rather, the accountant reviews the compiled reports
to ensure that they are in the appropriate form and are
free of obvious errors. compile, vb. compiled statutes. 1. See COMPILATION (2). 2. See STAT
UTE.
complainant (bm-playn-dnt). (l5c) 1. The party who
brings a legal complaint against another; esp., the plain
tiff in a court ofequity or, more modernly, a civil suit.
"A suit in equity, under the procedure of the English Court
of Chancery, which was generally adopted in the American
States prior to the code, is instituted by the plaintiff filing
a bill of complaint. The plaintiff is usually called the com
plainant, in the Federal courts the complainant or plain
tiff indifferently. The bill is in substance a petition to the
chancellor, or judge of the court of equity, setting forth at
large the grounds of the suit, and praying the process of
the court, its subpoena, to bring the defendant into court
and compel him to answer the plaintiff's bill, and, also, for
such relief by decree or interlocutory remedy, by way of


the plaintiff's bill, and, also, for
such relief by decree or interlocutory remedy, by way of
injunction. etc., as the plaintiff supposes himself entitled
to." Edwin E. Bryant, The Law ofPleading Under the Codes
ofCivil Procedure 55 (2d ed. 1899).
2. A person who, under oath, signs a statement (called a
"complaint") establishing reasonable grounds to believe
that some named person has committed a crime.
Also termed affiant. [Cases: Criminal Law (,':::>210.]
complainantless crime. See victimless crime under
CRIME.
complaint. (14c) 1. The initial pleading that starts a civil
action and states the basis for the court's jurisdiction,
the basis for the plaintiff's claim, and the demand for
relief. In some states, this pleading is called a petition.
[Cases: Federal Civil Procedure (;:::::;67l; Pleading C='
38.5.] 2. Criminal law. A formal charge accusing a
person of an offense. Fed. R. Crim, P. 3. Cf. INDICT
MENT; INFORMATION, [Cases; Indictment and Infor
mation (;:::::;54.]
amended complaitlt. (1822) A complaint that modifies
and replaces the original complaint by adding relevant
matters that occurred before or at the time the action
began. Fed. R. Civ. P. 15(d). In some circumstances,
a party must obtain the court's permission to amend
its complaint. Fed. R. Civ. Pro. 15(a). Also termed
substituted complaint. Cf. supplemental complaint.
[Cases: Federal Civil Procedure (;:::::;839; PleadingG--~
233,
complaint for modification. See motion to modify
under MOTION.
coutlter-complaint. A complaint filed by a defendant
against the plaintiff, alleging that the plaintiff has
committed a breach and is liable to the defendant
for damages. [Cases: Federal Civil Procedure
775-784; Pleading 138; Set-Off and Counter
claim
fresh complaint. See FRESH COMPLAINT.
preliminary complaint. (1833) A complaint issued by
a court to obtain jurisdiction over a criminal suspect
for a hearing on probable cause or on whether to bind
the suspect over for trial. [Cases: Criminal Law
208.]
substituted complaint. See amended complaint.
supplemental complaint. (1821) An additional com
plaint that either corrects a defect in the original

324 complementarity
complaint or adds relevant matters that occurred after
the action began. _ Generally, a party must obtain the
court's permission to file a supplemental complaint.
Fed. R. Civ. Pro. 15(d). Cf. amended complaint. [Cases:
Federal Civil Procedure G=>864; Pleading (';::::;)279.]
third-party complaint. (1938) A complaint filed by the
defendant against a third party, alleging that the third
party may be liable for some or all of the damages that
the plaintiff is trying to recover from the defendant.
Fed. R. Civ. P. 14. [Cases: Federal Civil Procedure<~=)
281; Parties ~49;Pleading ~149.]
well-pleaded complaint. (1954) An original or initial
pleading that sufficiently sets forth a claim for relief
by including the grounds for the court's jurisdiction,
the basis for the relief claimed, and a demand for
judgment so that a defendant may draft an answer
that is responsive to the issues presented. -In federal
court, a well-pleaded complaint must raise a control
ling issue of federal law, or else the court will not have
federal-question jurisdiction over the lawsuit. [Cases:
Federal Civil Procedure <::~673; Federal Courts
241; Pleading
complementarity, n. 1. The state or quality ofbeing com
plementary. 2. International law. See COMPLEMENTAR
ITY PRINCIPLE.
complementarity principle. International law. The
doctrine that a country with control of a person
accused of violating international criminal law has
the jurisdiction to charge and try a person. -Because
the jurisdiction ofthe International Criminal Court is
complementary to the criminal jurisdiction of coun
tries, that tribunal can assert jurisdiction over the
accused person only if the country is unable or unwill
ing to undertake a genuine investigation and prosecu
tion. Sometimes shortened to complementarity.
complementary goods. Trademarks. Products that are
typically used together, such as pancake syrup and
pancake mix, or motion-picture projectors and film.
-Trademark law may prevent the use ofa similar mark
on complementary goods because consumers may be
confused into thinking the goods come from a common
source. The patent-misuse doctrine may provide a
defense in an infringement suit ifthe plaintiff has used
its patent rights to gain market control over unpatented
complementary goods. -Also termed complementary
products. See AUNT JEMIMA DOCTRINE; PATENT-MISUSE
DOCTRINE. [Cases: Trademarks ~noo.]
complementary products. See COMPLEMENTARY
GOODS.
complete conception ofinvention. See CONCEPTION OF
INVENTION.
completed-contract accounting method. See ACCOUNT
ING METHOD.
completed gift. See GIFT.
complete diversity. See DIVERSITY OF CITIZENSHIP.
completed-operations policy. See INSURANCE POLICY. complete in itself, adj. (I8c) (Of a legislative act) fully
covering an entire subject.
complete integration. See INTEGRATION (2).
complete interdiction. Seefull interdiction under INTER
DICTION (3).
complete jurisdiction. See JURISDICTION.
completely integrated contract. See INTEGRATED
CONTRACT.
completeness doctrine. See RULE OF OPTIONAL COM
PLETENESS.
complete-operation rule. Insurance. The principle that
goods are covered against damage at any time during
the shipping process, including the loading and unload
ing of the goods. -Under some circumstances, the rule
has been extended to cover personal injuries that occur
during the shipping process. See WAREHOUSE-TO
WAREHOUSE COVER. Cf. COMING-TO-REST DOCTRINE.
[Cases: Insurance ~2137(3), 2681.]
complete ownership. See perfect ownership under OWN
ERSHIP.
complete-preemption doctrine. (1987) The rule that a
federal statute's preemptive force may be so extraordi
nary and all-encompassing that it converts an ordinary
state-cornman-law complaint into one stating a federal
claim for purposes ofthe well-pleaded-complaint rule.
See well-pleaded complaint under COMPLAINT. [Cases:
Federal Courts ~241.]
complete property. See PROPERTY.
complete voluntary trust. See executed trust under
TRUST.
completion bond. See PERFORMANCE BOND.
complex litigation. See LITIGATION.
complex trust. See TRUST.
compliance andit. See AUDIT.
complicated larceny. See mixed larceny under
LARCENY.
complice (kom-pHs). Archaic. An accomplice or acces
sory to a crime or immoral behavior.
complicity (k<Jm-pIis-a-tee), n. (17c) Association or par
ticipation in a criminal act; the act or state of being
an accomplice. -Under the Model Penal Code, a
person can be an accomplice as a result ofeither that
person's own conduct or the conduct ofanother (such
as an innocent agent) for which that person is legally
accountable. Model Penal Code  2.06. See ACCOM
PLICE; innocent agent under AGENT. [Cases: Criminal
Law -complicitous (kam-plis-<J-las), adj.
composite mark. See composite trademark under TRADE
MARK.
composite state. See STATE.
composite trademark. See TRADEMARK.
composite work. See WORK (2).
composition, n. (14c) 1. An agreement between a
debtor and two or more creditors for the adjustment

325 comprising
or discharge of an obligation for some lesser amount;
an agreement among the debtor and two or more credi
tors that the debtor will pay the creditors less than their
full claims in full satisfaction of their claims. _ The
preexisting-duty rule is not a defense to this type of
agreement because consideration arises from the agree
ment by each creditor with each other to take less than
full payment. Through the performance ofthis agree
ment, the debtor is discharged in full for the debts of
the participating creditors. -Also termed composition
with creditors; creditors' composition; attermoiement.
[Cases: Bankruptcy (;:::c3662.100-3662.115; Debtor and
Creditor 10.] 2. The compensation paid as part of
such an agreement. 3. Rist. A payment of money or
chattels as satisfaction for an injury. -In Anglo-Saxon
and other early societies, a composition with the injured
party was recognized as a way to deter acts of revenge
by the injured party. compose, vb.
"[TJhe first theory of liability was in terms of a duty to
buy off the vengeance of him to whom an injury had been
done whether by oneself or by something in one's power.
The idea is put strikingly in the AngloSaxon proverb, 'Buy
spear from side or bear it,' that is, buy off the feud or fight
it out.... As the SOCial interest in peace and order -the
general security in its lowest terms -comes to be secured
more effectively by regulation and ultimate putting down
of feud as a remedy, payment of composition becomes
a duty rather than a privilege .... The next step is to
measure the composition not in terms ofthe vengeance to
be bought off but in terms of the injury. A final step is to
put it in terms of reparation." Roscoe Pound, An Introduc
tion to the Philosophy of Law 74 (rev. ed. 1954).
composition deed. See DEED.
composition of matter. Patents. One of the five types
of patentable statutory subject matter, consisting of
combinations of natural elements whether resulting
from chemical union or from mechanical mixture,
and whether the substances are gases, fluids, powders,
or solids. -This classification includes chemical com
pounds such as drugs and fuels, physical products such
as plastics and particleboard, and new life forms made
by genetic engineering. Its subject matter is always the
substance itself, rather than the form or shape. -Often
shortened to composition. [Cases: Patents (;:::c 14.]
"[AJ compOSition of matter describes what most people
imagine to be the goal of the typical laboratory inventor,
since it is usually a new chemical invention, although it
can be any composition of materials, not limited solely to
chemicals." Arthur R. Miller & Michael H. Davis. Intellectual
Property in a Nutshell 21 (2d ed. 1990).
composition with creditors. See COMPOSITIOK (1).
compos mentis (kom-p<ls men-tis), adj. [Latin "master
of one's mind"] (17c) Of sound mind; having use of
and control over one's own mental faculties. Cf. NON
COMPOS MENTIS. [Cases: Mental Health (;:::c3.1.]
compossessio (kom-p<l-zes[h]-ee-oh). [Latin] Civil law.
Possession of a thing in common.
compos sui (kom-p;)s s[y]OO-I), adj. [Latin "master of
one's self"] (Of a person) haVing control over one's own
limbs, or having the power ofbodily motion.
compound (kom-or bm-pownd), vb. (14c) 1. To
put together, combine, or construct. 2. To compute (interest) on the principal and the accrued interest. 3.
To settle (a matter, esp. a debt) by a money payment,
in lieu of other liability; to adjust by agreement. 4. To
agree for consideration not to prosecute (a crime). _
Compounding a felony in this way is itself a felony.
5. Loosely, to aggravate; to make (a crime, etc.) more
serious by further bad conduct.
compound duty. See DUTY (4).
compounder (kom-or bm-pown-d~r). (l6c) 1. One who
settles a dispute; the maker of a composition. -Also
termed amicable compounder. See COMPOSITION (1). 2.
One who knows ofa crime by another and agrees, for a
promised or received reward, not to prosecute.
compounding a crime. (l7c) The offense of either
agreeing not to prosecute a crime that one knows has
been committed or agreeing to hamper the prosecu
tion. Also termed compounding a felony; (archai
cally) theftbote. See STIFLING OF A PROSECUTION.
[Cases: Compounding Offenses C-:J 1.]
"If a prosecuting attorney should accept money from
another to induce the officer to prevent the finding of an
indictment against that person this would be compound
ing a crime if the officer knew the other was gUilty of an
offense, but would be bribery whether he had such knowl
edge or not." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 539 (3d ed. 1982).
compounding a felony. See COMPOUNDING ACRIME.
compound interest. See INTEREST (3).
compound journal entry. See ENTRY (2).
compound larceny. 1. See mixed larceny under LARCENY.
2. See aggravated larceny under LARCENY.
compound offense. See OI'FENSE (1).
compound policy. See blanket policy under INSURANCE
POLICY.
comprehensive general-liability insurance. See INSUR
ANCE.
comprehensive general-liability policy. See INSURANCE
POL


ability insurance. See INSUR
ANCE.
comprehensive general-liability policy. See INSURANCE
POLICY.
comprehensive insurance. See INSURANCE.
comprehensive nonliteral similarity. See SIMILARITY.
comprehensive zoning plan. (1925) A general plan to
control and direct the use and development of a large
piece of property. See ZONIKG. [Cases: Zoning and
Planning ~30.]
comprint (kom-print). Hist. Copyright. The surreptitious
and supposedly illegal printing of another bookseller's
copy of a work. -Despite the word's appearance as a
legal term in dictionaries since 1706, no such offense
ever existed. The term, which is properly a verb meaning
"to share in printing (a book)," was first given this erro
neous definition by John Kersey when he produced a
new edition ofEdward Phillips's New World ofEnglish
Words. It has occasionally been copied by legallexicog
rap hers ever since.
comprising, adj. Patents. (In the transition between the
preamble and the body ofa patent claim) including;
having. -This term does not limit the claim to the

326 compromis
specified elements, so a later patent applicant's product
or process cannot avoid infringement by merely adding
another claim element. See closed-ended claim under
PATENT CLAIM.
compromis (kom-pr<l-mee). [FrenchJ Int'llaw. 1. An
agreement between two or more countries to submit
an existing dispute to the jurisdiction of an arbitrator,
an arbitral tribunal, or an international court. See com
promissory arbitration under ARBITRATION.
ad hoc compromis (ad hok kom-pr<l-mee). An agree
ment in which countries submit a particular dispute
that has arisen between them to an ad hoc or insti
tutionalized arbitral tribunal or to an international
court. Also termed compromis proper; special
agreement.
general compromis. An agreement in which countries
submit all or a definite class of disputes that may arise
between them to an arbitral institution, a court, or an
ad hoc arbitral tribunal by concluding a general arbi
tration treaty or by including an arbitration clause in
a treaty. Also termed abstract compromis; antici
pated compromis.
2. In international-law moot-court competitions, the
record upon which the arguments are based.
compromise, n. (ISc) 1. An agreement between two or
more persons to settle matters in dispute between them;
an agreement for the settlement of a real or supposed
claim in which each party surrenders something in
concession to the other. Also termed compromise
and settlement; (erroneously) compromise settlement.
[Cases: Compromise and Settlement 1.J 2. A
debtor's partial payment coupled with the creditor's
promise not to claim the rest of the amount due or
claimed. Cf. ACCORD; ACCORD AND SATISFACTION.
compromise, vb.
compromise and settlement. See COMPROMISE (1).
compromise verdict. See VERDICT.
compromis proper. See ad hoc compromis under COM
PROMIS.
compromissarius (kom-pr<l-mi-sair-ee-<ls). [Latin]
Roman law. See ARBITRATOR.
compromissory arbitration. See ARBITRATION.
compromissum (kom-pra-mis-am), n. [Latin "mutual
agreement"J Roman law. An agreement to submit a
controversy to arbitration.
compte arrete (kawnt a-ray-tay). [French "settled
account"] An account stated in writing, and acknowl
edged to be correct on its face by the party against
whom it is stated.
compter (kown-t<Jr), n. Hist. A debtor's prison.
comp time. Time that an employee is allowed to take off
from work instead of being paid for overtime already
worked. -Also termed compensatory time.
comptroller (bn-troh-l<lr). (ISc) An officer ofa business
or a private, state, or municipal corporation who
is charged with duties usu. relating to fiscal affairs, including auditing and exam ini ng accounts and report
ing the financial status periodically. Also spelled
controller. [Cases: Corporations (::::;:>303; Municipal
Corporations
Comptroller General of the United States. The officer
in the legislative branch of the federal government
who heads the General Accountability Office . The
Comptroller General is appointed by the President
with the advice and consent of the Senate. See GENERAL
ACCOUNTABILITY OFFICE. [Cases: United States (::::;:>
40.]
Comptroller ofthe Currency. See OFFICE OF THE COMP
TROLLER OF THE CURRENCY.
compulsion, n. (ISc) 1. The act of compelling; the state
ofbeing compelled.
"Compulsion can take other forms than physical force;
but in whatever form it appears the courts have been
indisposed to admit that it can be a defence for any crime
committed through yielding to it and the law of the matter
is both meagre and vague. It can best be considered
under the heads of obedience to orders, martial coercion,
duress per minas, and necessity." J.W. Cecil Turner, Kenny's
Outlines ofCriminal Law 54 06th ed. 1952).
2. An uncontrollable inclination to do something. 3.
Objective necessity; duress. compel, vb.
compulsory (k<lm-p<ll-s<l-ree), adj. (16c) Compelled;
mandated by legal process or by statute <compulsory
counterclaim>.
compUlsory, n. Eccles. law. An order that compels the
attendance of a witness.
compulsory appearance. See APPEARANCE.
compulsory arbitration. See ARBITRATION.
compulsory-attendance law. A statute requiring minors
ofa specified age to attend school . Compulsory-atten
dance laws do not apply to married persons. Also
termed compulsory-school-attendance law. See AMISH
EXCEPTION. [Cases: Schools
compulsory condition. See CONDITION (2).
compulsory counterclaim. See COUNTERCLAIM.
compulsory-counterclaim rule. The rule requiring a
defending party to present every counterclaim arising
out of the same transaction or occurrence that is the
basis of the plaintiffs claim. Fed. R. Civ. P. 13(a).
Most courts hold that if a party does not timely bring
a compulsory counterclaim, the party is estopped from
asserting the claim. Federal Civil Procedure
(::::;:>775; Judgment Set-Off and Counter
claim (;::::'60.J
compulsory disclosure. See DISCLOSURE (2).
compulsory insurance. See INSURANCE.
compulsory joinder. See JOINDER.
compulsory labor. See FORCED LABOR.
compulsory license. See I.ICENSE.
compulsory nonsuit. See NONSUIT (2).
compulsory pilot. See PILOT.
compulsory pilotage. See PILOTAGE.

327
compulsory pooling. See POOLING.
compulsory process. See PROCESS.
Compulsory Process Clause. (1957) The clause of the
Sixth Amendment to the U.S. Constitution giving
criminal defendants the subpoena power for obtain
ing witnesses in their favor. [Cases: Witnesses
compulsory purchase. Rare. 1. See EMINENT DOMAIN.
2. See EXPROPRIATION (1).
compulsory retirement. See RETIREMENT.
compulsory sale. See SALE.
compulsory-school-attendance law. See COMPULSORY
ATTENDANCE LAW.
compulsory surrender. 1. See EMINENT DOMAIN. 2. See
EXPROPRIATION (1).
compulsory unitization. See UNITIZATION.
compurgation (kom-pdr-gay-sh,m), n. (17c) [Latin con
"together" +purgare "to clear or purge"] Hist. A trial by
which a defendant could have supporters (called com
purgators), frequently 11 in number, testify that they
believed the defendant was telling the truth. -Also
termed wager oflaw; trial by oath. compurgatory,
adj.
"If a defendant on oath and in a set form ofwords will deny
the charge against him, and if he can get a certain number
of other persons (compurgators) to back his denial by their
oaths, he will win his case. If he cannot get the required
number, or they do not swear in proper form, 'the oath
bursts,' and he will lose, Though oaths were used in the
Roman law of procedure, this institution of compurgation
was not known to it, It was, however, common to the laws
of many of the barbarian tribes who overran the Roman
empire. Because it was so common and so widespread the
church adopted it.... The case of King v. Williams in 1824
was the last instance of its use. It was finally abolished
in 1833." 1 William Holdsworth, A History of English Law
305-08 (7th ed. 1956).
compurgator (kom-pdr-gay-t<)r). (l6c) Hist. A person
who appeared in court and made an oath in support
of a civil or criminal defendant. -Also termed oath
helper. See COMPURGATlON.
computer crime. See CRIME.
computer-information transaction. Copyright. An
agreement whose primary purpose is to create, modify,
transfer, or license computer information or rights in
computer information. [Cases: Copyrights and Intel
lectual Property C=:c 107.]
computer matching. The comparing ofcomputer records
in two separate systems to determine whether the same
record exists in both systems. The government, for
example, uses computer matching to find persons who
are both employed and receiving welfare payments and
to find instances in which both divorced parents are
claiming the same child on their income-tax returns.
See COMPUTER MATCHING AND PRIVACY PROTECTION
ACT OF 1988.
Computer Matching and Privacy Protection Act of
1988. An act that allows governmental agencies, with
certain limitations, to compare computerized records
to establish or verify eligibility for benefits or to recoup concealment
payments on benefits. 5 USCA  552a. See COMPUTER
MATCHING.
Computer Programs Directive. See DIRECTIVE ON THE
LEGAL PROTECTION OF COMPUTER PROGRAMS.
Computer Software Protection Act of 1980. Copyright.
An amendment to the Copyright Act of 1976, defining
"computer program" as a literary work for copyright
purposes and qualifying the exclusive rights of copy
righted-software owners. 17 USCA  117.
Computer Software Protection Act of1984. Copyright.
An amendment to the Copyright Act of 1976, enacted
to protect copyrighted computer programs against
illegal copying. 17 USCA  109.
Computer Software Rental Amendments Act. Copy
right. A 1990 statute prohibiting computer-program
purchasers from leaSing, renting, or lending the
software for commercial gain. 17 USCA  801-805.
[Cases: Copyrights and Intellectual Property
67.3.]
computus (kom-py<)-t<)s). [Latin computo "to count up;
to reckon") Hist. A writ to compel a guardian, bailiff,
receiver, or accountant to render an accounting. Also
spelled compotus.
Comstock Act. See COMSTOCK LAW.
comstockery (kom-stok-dr-ee). (often cap.) Censorship
or attempted censorship ofart or literature that is sup
posedly immoral or obscene.
Comstock law (kom-stok). (1878) An 1873 federal
statute that prohibited mailing "obscene, lewd, or las
civious" books or pictures, as well as "any article or
thing deSigned for the prevention of conception or
procuring of abortions."  Because ofthe intolerance
that led to this statute, the law gave rise to an English
word roughly equivalent to prudery -namely, com
stockery. -Also termed Comstock Act. [Cases: Postal
Service 031.1.]
con. abbr. 1. Confidence <can game>. 2. Convict <ex
con>. 3. Contra <pros and cons>. 4. (cap.) Constitu
tional <Con. law>.
con, n. See CONFIDENCE GAME.
conatus (kd-nay-t<)s). [Latin] Hist. An attempt, esp. to
commit a crime.
concealed debtor. See DEBTOR.
concealed weapon. See WEAPON.
concealment, n. (14c) 1. The act of refraining from dis
closure; esp., an act by which one prevents or hinders
the discovery of something; a cover-up. 2. The act of
removing from sight or notice; hiding. 3. Insurance.
lhe insured's intentional Withholding from the insurer
material facts that increase the insurer's risk and that in
good faith ought to be disclosed. Cf. NONDISCLOSURE.
[Cases: Insurance C=:c2961.J -conceal, vb.
"Concealment is an affirmative act intended or known to
be likely to keep another from learning of a fact of which
he would otherwise have learned. Such affirmative action is
always equivalent to a misrepresentation and has any effect

328 concealment rule
that a misrepresentation would have, .. ," Restatement
(Second) of Contracts  160 cmt. a (1979),
active concealment. (1865) The concealment by words
or acts of something that one has a duty to reveaL
[Cases: Fraud 16.J
fraudulent concealment. (1801) The affirmative sup
pression or hiding, with the intent to deceive or
defraud, of a material fact or circumstance that one
is legally (or, sometimes, morally) bound to reveaL
Also termed hidden fraud. [Cases: Fraud 16.]
passive concealment. (1882) The act of


ed hidden fraud. [Cases: Fraud 16.]
passive concealment. (1882) The act of maintaining
silence when one has a duty to speak. [Cases; Fraud
16.l
concealment rule. (1950) The principle that a defendant's
conduct that hinders or prevents a plaintiff from dis
covering the existence of a claim tolls the statute of
limitations until the plaintiff discovers or should have
discovered the claim. -Also termed fraudulent-con
cealment rule. [Cases: Limitation of Actions C=>104,j
concedo (bn-see-doh). [Latin] Hist. I grant. _ This was
formerly a term of conveyance.
concentration account. A Single centralized bank
account into which funds deposited at or collected at
out-of-area locations are periodically transferred.
conception of invention. (1859) Patents. The formation
in the inventor's mind of a definite and permanent
idea ofa complete invention that is thereafter applied
in practice. -Courts usu. consider conception when
determining priority ofinvention. [Cases: Patents
90(1).]
complete conception ofinvention. Patents. The point at
which an inventor knows every feature of the process
or device to be patented, such that a person with
ordinary skill in the art could reproduce it without
extensive research or experimentation. -Often
shortened to complete conception. [Cases: Patents
C=>90(I).J
conceptum (bn-sep-t<lm). [Latin "seized"] Civillaw.
A theft in which the stolen item was searched for and
found in someone's possession and in the presence of
witnesses. See furtum conceptum under FURTUM.
concerted action. (ISc) An action that has been planned,
arranged, and agreed on by parties acting together to
further some scheme or cause, so that all involved are
liable for the actions of one another. -Also termed
concert ofaction. [Cases; Conspiracy C=>2,24(1).]
concerted activity. Labor law. Action by employees con
cerning wages or working conditions . Concerted
activity is protected by the National Labor Relations
Act and cannot be used as a basis for disciplining or
discharging an employee. [Cases: Labor and Employ
ment C=> 1340.]
"Typical protected concerted activity involves union orga
nizing, the discussion of unionization among employees,
or the attempt by one employee to soliCit union support
from another employee. But concerted activity need not
involve a union, Activities by groups of employees unaffili
ated with a union to improve their lot at their work place are deemed protected concerted activities," Douglas L.
leslie, Labor Law in a Nutshell 84 (3d ed. 1992).
concerted refusal to deal. Antitrust. An agreement
between two or more persons or firms to not do
business with a third party. -The parties to the agree
ment mayor may not be competitors. Concerted
refusals to deal may violate  1ofthe Sherman Act and
are analyzed under either the per se rule or the rule of
reason, depending on the nature ofthe agreement. See
BOYCOTT; PER SE RULE; RULE OF REASON.
concert ofaction. See CONCERTED ACTION.
concert-af-action rule. See WHARTON'S RULE.
concessi (bn-ses-I). [Latin] Hist. I have granted. -
Concessi creates a covenant in a lease for years; it
does not warrant title. Concessi often appeared in the
phrase demisi, concessi, et ad firmam tradidi ("demised,
granted, and let to farm"). Cf. DEDI.
"Concessi (a word much used in Conveyances). In Law it
creates a Covenant, as Dedi does a Warranty," Thomas
Blount, NomoLexicon: A Law-Dictionary (1670).
concessimus (bn-ses-<l-m<ls). [Latin] Hist. We have
granted. -Concessimus is a term of conveyance that
creates a joint covenant on the part of the grantors.
concessio (bn-sesh-ee-oh). [Latin] Hist. A grant.
A term of conveyance used to convey incorporeal
property. PI. concessiones.
"Grants, concessiones; the regular method by the common
law of transferring the property of incorporeal heredita
ments, or, such things whereof no livery can be had, For
which reason all corporeal hereditaments, as lands and
houses, are said to lie in livery; and the others, as advow
sons, commons, rents, reversions, etc.. to lie in grant. .. ,
These therefore pass merely by the delivery of the deed." 2
William Blackstone, Commentaries on the Laws ofEng/and
317 (1766).
concession, n. (l5c) 1. A government grant for specific
privileges. 2. The voluntary yielding to a demand for
the sake of a settlement. 3. A rebate or abatement. 4.
Int'llaw. A contract in which a country transfers some
rights to a foreign enterprise which then engages in an
activity (such as mining) contingent on state approval
and subject to the terms of the contract. [Cases: Treaties
C=>8.] concede, vb. -concessive, adj.
concession bargaining. Labor law. A type of collective
bargaining in which the parties negotiate the employ
ees' giving back preViously gained improvements in
wages, benefits, or working conditions in exchange for
some form of job security, such as protection against
layoffs. Also termed employee givebacks; union give
backs. See COLLECTIVE BARGAINING.
concessit solvere (k<ln-ses-it sol-vCl-ree). [Latin "he
agreed to pay"] Hist. A form ofdebt action on a simple
contract.  The plaintiff alleged that the defendant had
granted and agreed to pay to the plaintiff the sum sued
for, but had not done so. TIle defendant responded with
a plea of nunquam indebitatus ("never indebted"). See
indebitatus assumpsit under ASSUMPSIT; NUNQUAM
INDEBITATUS; common count under COUNT.
concessor (bn-ses-ar). Hist. A grantor. Cf. CONCESSUS.

329
concessum (kan-seS-;lm), p.pl. [fro Latin concedere "to
grant"] Hist. Granted. _ Judges used this term to
signify their assent to a point made in argument; for
example, a court might state that a particular proposi
tion was concessum per totam curiam ("granted by the
whole court").
concessus (k;ln-ses-;ls). Hist. A grantee. Cf. CONCES
SOR.
conciliation, n. (1803) 1. A settlement of a dispute in
an agreeable manner. 2. A process in which a neutral
person meets with the parties to a dispute and explores
how the dispute might be resolved; esp., a relatively
unstructured method of dispute resolution in which
a third party facilitates communication between
parties in an attempt to help them settle their differ
ences. -Some jurisdictions, such as California, have
Family Conciliation Courts to help resolve problems
within the family. Also termed (in sense 2) facilita
tion; conciliation procedure. Cf. MEDIATION; ARBITRA
TION. conciliate, vb. -conciliative, conciliatory,
adj. -conciliator, n.
conciliation court. See small-claims court under
COURT.
conciliation procedure. See CONCILIATION (2).
concilium (kan-sil-ee-am). [Latin "council"]!. Hist. The
sitting ofa court to hear argument in a case; a motion
requesting a day to present an argument. 2. CONCILIUM
PLEBIS.
concilium plebis (bn-sil-ee-;lm plee-bis). [Latin
"assembly ofthe people"] Roman law. An assembly
of the plebs gathered together to enact legislation.
Often shortened to concilium. See PLEBISCITUM. Cf.
comitia tributa under COMITIA.
"Legislation was carried on to some extent by the Comitia
Tributa and in an increasing degree by the assembly of the
plebs alone, concilium plebis, which, in historical times, was
also based on the tributal organisation. This assembly,
presided over by a tribune of the plebs, was active from
early times and there was early legislation on constitu
tional questions, enacted by that body and approved by
the Senate, which was regarded as binding on the whole
community. Its enactments, plebiscita, were often called, as
binding the whole community, leges. .." W.W. Buckland,
A Text-Book of Roman Law from Augustus to justinian 4
(Peter Stein ed., 3d ed. 1963).
'The pressure of plebeian agitation had led to the creation
of tribunes of the plebs (494 B.C.) for the protection of
individual citizens from oppreSSion, with the right to
hold meetings of an assembly called the Concilium Plebis,
which eventually became identical with the Comitia Tributa,
except that it comprised only the plebeian members of
the Roman people, without the patricians. The resolutions
of this assembly (plebiscita) at first bound the plebeians
only, but by an obscure development culminating in the
passing of the Lex Hortensia of 287 B.C., they came to
be binding as laws on the whole people, patricians and
plebeians alike." William A. Hunter, Introduction to Roman
Law 16 (F.H. Lawson ed., 9th ed. 1934).
concilium regis (k;:Jn-sU-ee-;:Jm ree-jis). [Latin "assembly
ofthe king"] Hist. A tribunal that, during the reigns of
Edward I and Edward II, heard cases ofextraordinary
difficulty. concord
conclude, vb. (16c) l. To ratify or formalize (a treaty,
convention, or contract) <it can be difficult to amend
a contract that the parties have already concluded>. 2.
To bind; estop <the admissions concluded the party as
a matter oflaw>. 3. Scots law. To sign (a contract, letter,
etc.) for the sale of real property. _ This term most
commonly appears in the phrase conclude missives.
conclusion, n. (l4c) 1. The final part ofa speech or writing
(such as a jury argument or a pleading). 2. A judgment
arrived at by reasoning; an inferential statement. 3. The
clOSing, settling, or final arranging ofa treaty, contract,
deal, etc. See OPINION (2).4. Archaic. An act by which
one estops oneself from doing anything inconsistent
with the act. 5. See OPINION (3).
"Conclusion is, when a man by his own act upon record
hath charged himself with a duty or other thing .... So if
the sheriff, upon a capias to him directed, returns that he
hath taken the body, and yet hath not the body in court at
the day of the return, he shall be amerced ...." Termes de
la Ley 102-03 (lst Am. ed. 1812).
conclusional, adj. See CONCLUSORY.
conclusionary, adj. See CONCLUSORY.
conclusion offact. (ISc) A factual deduction drawn from
observed or proven facts; an evidentiary inference. Cf.
FINDING OF FACT.
conclusion oflaw. (17c) An inference on a question of
law, made as a result of a factual showing, no further
evidence being required; a legal inference. Cf. FINDING
OF FACT; LEGAL CONCLUSION.
conclusion to the country. Archaic. The closing part of
a pleading that requests the trial of an issue by a jury.
Cf. GOING TO THE COUNTRY.
conclusive, adj. 07c) Authoritative; decisive; convinc
ing <her conclusive argument ended the debate>. Cf.
CONCLUSORY.
conclusive evidence. See EVIDENCE.
conclusive presumption. See PRESUMPTION.
conclusive proof. See conclusive evidence (1) under
EVIDENCE.
conclusory (bn-kloo-za-ree or -s;l-ree), adj. (1923)
Expressing a factual inference without stating the
underlying facts on which the inference is based
<because the plaintiff's allegations lacked any support
ing evidence, they were merely conclusory>. -Also
termed conclusional; conclusionary. Cf. CONCLUSIVE.
concomitant (k;ln-kom-a-tant), adj. (17c) Accompany
ing; incidental <concomitant actions>. -concomi
tant, n.
concomitant evidence. See EVIDENCE.
concord (kon-kord or kong-), n. (14c) 1. An amicable
arrangement between parties, esp. between peoples or
nations; a compact or treaty. 2. Archaic. An agreement
to compromise and settle an action in trespass.
"Concord is an Agreement made between two or more,
upon a Trespass committed; and is divided into Concord
executory, and Concord executed . .. one binds not, as
being imperfect, but the other is absolute, and ties the
Party." GilesJacob, A New Law-Dictionary (8th ed. 1762).

330 concordat
3. Archaic. An in-court agreement in which a person
who acquired land by force acknowledges that the land
in question belongs to the complainant. See DEFORCE.
"Next comes the concord. or agreement itself. after leave
obtained from the court; which is usually an acknowledg
ment from the deforciants (or those who keep the other
out of possession) that the lands in question are the right
of the complainant." 2 William Blackstone. Commentaries
on the Laws of England 350 (1766).
4. Rist. The settlement of a dispute.
final concord. A written agreement between the parties
to an action by which they settle the action in court,
with the court's permission. Also termed finalis
concordia;final peace.
concordat (kon-or k;m-kor-dat). 1. An agreement
between a government and a church, esp. the Roman
Catholic Church. [Cases: Religious Societies