Treasury securities, and other documents. -
Abbr. BEP. [Cases: United States
Bureau of Export Administration. The former name
of a bureau in the U.S. Department of Commerce that
issues export licenses and enforces export-control laws.
-The unit's name was changed in 2002 to the Bureau
of Industry and Security. -Abbr. BXA.
Bureau of Indian Affairs. A unit in the U.S. Depart
ment of the Interior responsible for helping Indian
and Alaskan native people manage their affairs under
the trust relationship with the U.S., and for promoting
programs for their benefit. _ Originally created as part
of the War Department in 1824, the Bureau was trans
ferred to the Interior Department in 1849. Abbr.
BIA. [Cases: IndiansC:'l13-118.J
Bureau of Industry and Security. A unit in the U.S.
Department of Commerce responsible for issuing
export licenses and enforcing export-control laws. _
The Bureau is charged with furthering U.S. l1ational~
security, foreign-policy, and economic interests while
furthering the growth of U.S. exports. It was named
the Bureau of Export Administration until 2002.
Abbr. BIS.
Bureau ofIntelligence and Research. A unit in the U.S.
Department of State responsible for coordinating activ
ities of U.S. intelligence agencies to ensure consistency
with u.s. foreign policy. _ The Bureau also monitors
foreign public and media opinions. Abbr. INR.
Bureau of International Labor Affairs. A unit in the
U.S. Department of Labor responsible for helping
formulate policy on international matters that affect
American workers. -For example, the Bureau compiles
and publishes worldwide data on child-labor practices
and on foreign labor markets and programs. It also
studies the labor consequences of immigration pro
posals and legislation.
Bureau of International Narcotics and Law Enforce
ment. A unit in the U.S. Department of State responsible
for coordinating the narcotics and anticrime~assistance
activities of the Department and for adVising the Presi~
dent, the Secretary of State, and others on international
narcotics matters. -Abbr. INL.
Bureau of International Organization Affairs. A unit
in the U.S. Department of State responsible for coor
dinating U.S. diplomatic participation in the United
Nations and other international organizations and con
ferences. Abbr. 10.
Bureau of Labor Statistics. An independent agency in
the U.S. Department of Labor responsible for compiling
and analyzing statistical information on employment
and the economy. -The Bureau reports on employ
ment, unemployment, consumer and producer prices,
consumer expenditures, import and export prices,
wages and employee benefits, productivity and tech-

225
nological change, employment projections, and occu
pational illness and injury. Abbr. BLS.
Bureau of Land Management. The unit within the u.s.
Department of the Interior responsible for managing
the national-resource lands (some 450 million acres)
and their resources and for administering the mineral
resources connected with acquired lands and the sub
merged lands of the Outer Continental Shelf (OCS) .
The bureau was established on July 16, 1946, by con
solidating the General Land Office (established in 1812)
and the Grazing Service (established in 1934). See 35
USCA  1731 et seq. [Cases: Public Lands ~~94.]
Bureau of Nonproliferation. A unit in the u.s. Depart
ment of State responsible for leading efforts to prevent
the proliferation of weapons of mass destruction,
delivery systems, and advanced conventional arms. -
Also termed Nonproliferation Bureau.
Bureau of Oceans and International Environmental
and Scientific Affairs. A unit in the U.S. Department
of State responsible for coordinating U.S. ocean, envi
ronment, and health policies. -Abbr. OES.
Bureau of Political-Military Affairs. A unit in the U.S.
Department of State responsible for analYZing defense
related policy issues, managing security-assistance
funds, and coordinating peace-keeping and humani
tarian operations. Abbr. PM. -Also termed Politi
cal-Military Affairs Bureau.
Bureau of Population. Refugees, and Migration. A
unit in the U.S. Department of State responsible for
formulating policy and administering U.S. assistance
and admissions programs for refugees and others. -
Abbr.PRM.
Bureau of Prisons. The unit in the u.s. Department
ofJustice responsible for operating the federal prison
system . It oversees all federal penal and correc
tional facilities, assists states and local governments in
improving their correctional facilities, and provides
notice of prisoner releases. 18 USCA  4041 et seq.
See NATIONAL INSTITUTE OF CORRECTIONS. -Abbr.
BOP.
Bureau of Redamation. A unit in the U.S. Department
of the Interior that built dams in 17 western states and
is now responsible for selling hydroelectric power from
those dams and water from the reservoirs. -Among
the 600 dams constructed are Hoover Dam and Grand
Coulee Dam. [Cases: Waters and Water Courses C=
222.]
Bureau of the Budget. See OFFICE OF MANAGEMENT AND
BUDGET.
Bureau of the Census. A unit in the U.S. Department of
Commerce responsible for conducting and publishing
the census required by the U.S. Constitution to be taken
every ten years . Established in 1902, the Bureau also
conducts other population surveys and estimates as
required by law. It is a part of the Department's Eco
nomics and Statistics Administration. -Also termed
Census Bureau. Census 1.] burglary
Bureau ofthe Mint. See UNITED STATES MINT.
Bureau of the Public Debt. A unit in the u.s. Depart
ment of the Treasury responsible for issuing and
redeeming Treasury bills, notes, and bonds, and for
managing the U.S. Savings Bond Program.
Bureau of Transportation Statistics. A unit in the U.S.
Department of Transportation responsible for compil
ing and publishing transportation statistics. -Abbr.
BTS.
Bureau Veritas. See VERITAS.
Bureaux Internationaux Reunis pour la Protection de la
Propriete Intellectuelle. See INTERNATIONAL BUREAU
FOR THE PROTECTION OF INTELLECTUAL PROPERTY.
Burford abstention. See ABSTENTION.
burgage (b3r-gij). Rist. 1. A type of socage tenure in
which tenants paid annual rents to the lord of the
borough. See SOCAGE. 2. Scots law. The tenure by which
a burgh held its land of the king, the service due being
watching and warding. See WATCH AND WARD. -Also
termed burgage tenure.
burgator (b;r-gay-t;r). Rist. A burglar; a person who
breaks into a house or an enclosed space.
burgess (b3r-jis). Rist. 1. An inhabitant or freeman of a
borough or town. 2. A magistrate of a borough. 3. A
person entitled to vote at elections. 4. A representative
of a borough or town in Parliament.
"[Burgesses] are properly Men of Trade, or the Inhabit
ants of a Borow or Walled Town; yet we usually apply this
name to the Magistrates of such a Town, as the Bailiff and
Burgesses of Leominster. But we do now usually call those
Burgesses who serve in Parliament, for any such Borow
or Corporation." Thomas Blount, NamaLexicon: A Law
Dictionary (1670).
burgh English (barg ing-glish). See BOROUGH
ENGLISH.
burgh Engloys (barg ing-gloiz). See BOROUGH
ENGLISH.
burglar, n. (16c) One who commits burglary.
burglarious (b;r-glair-ee-;s), adj. Of or relating to
burglary <burglarious intent>. - burglariously, adv.
burglarize, vb. To commit a burglary <the defendant
burglarized three houses>. -Also termed (esp. in BrE)
burgle.
burglary, n. (16c) 1. The common-law offense of breaking
and entering another's dwelling at night with the intent
to commit a felony. 2. The modern statutory offense
of breaking and entering any building -not just a
dwelling, and not only at night -with the intent to
commit a felony . Some statutes make petit larceny
an alternative to a felony for purposes of proving bur
glariOUS intent. Also termed (in sense 2) breaking
and statutory burglary. Cf. ROBBERY. lCases:
Burglary
generic burglary. An unlawful or unprivileged entry
into, or remaining in, a building or structure with
intent to commit a crime. Taylor v. United States, 495
U.S. 575, 110 S.Ct. 2143 (1990).

burglary tool. (often pI.) (1903) An implement designed
to help a person commit a burglary . In many juris
dictions, it is illegal to possess such a tool if the pos
sessor intends to commit a burglary. lCases: Burglary
C='12.]
burgle. See BURGLARIZE.
burial insurance. See INSURANCE.
buried-facts doctrine. Securities. The rule that a proxy
statement disclosure is inadequate if a reasonable share
holder could fail to understand the risks presented by
facts scattered throughout the proxy . In applying
this rule, a court will consider a securities disclosure
to be farse and misleading if its overall significance is
obscured because material information is buried in
footnotes, appendixes, and the like. [Cases: Securities
Regulation C='49.21.]
burking, n. The crime of murdering someone, usu. by
smothering, for the purpose of selling the corpse .
This term arose from the Scottish murder team of
Burke and Hare, whose practice in 1828 of suffocating
their victims while leaving few visible marks made the
corpses more salable to medical schools. -burke, vb.
burlaw. See BYRLAW.
burlawcourt. See BYRLAW COURT.
burnt-records act. A statute that enables a property
owner to quiet title if the public records for the property
have been lost or destroyed in a disaster. [Cases: Records
C='18.]
bursting-bubble theory. (1941) Evidence. The principle
that a presumption disappears once the presumed facts
have been contradicted by credible evidence. [Cases:
Evidence 89.]
Bush doctrine. The policy announced by President
George W. Bush after the September 11, 2001 attacks
on the World Trade Center and the Pentagon, to the
effect that nations harboring terrorists will be treated
as terrorists themselves and may be subject to a first
strike strategy. Cf. SOVEREIGN EQUALITY.
business. 1. A commercial enterprise carried on for
profit; a particular occupation or employment habitu
ally engaged in for livelihood or gain. 2. Commercial
enterprises <business and academia often have congru
ent aims>. 3. Commercial transactions <the company
has never done business in Louisiana>. See DOING
BUSINESS. 4. By extension, transactions or matters of a
noncommercial nature <the courts' criminal business
occasionally overshadows its civil business>. 5. Parlia
mentary law. The matters that come before a delibera
tive assembly for its consideration and action, or for
its information with a view to possible action in the
future . In senses 2, 3, and 4, the word is used in a
collective meaning.
new business. An item of business introduced from
the floor or taken from the table without haVing
been scheduled for consideration. See TAKE FROM
THE TABLE.
old business. See unfinished business. unfinished business. A general order carried over from
an earlier meeting in the same session because the
meeting adjourned before or while conSidering it.
1be term "unfinished business" is preferred to "old
business," which may incorrectly imply renewed con
sideration of business that has been finally disposed
of. See general order under ORDER (4); SESSION (2).
unfinished business and general orders. A common
category on an agenda. See unfinished business;
general order under ORDER (4).
business agent. 1. See managing agent under AGENT.
2. A labor-union representative selected to deal with
employers.
business angel. See angel investor under INVESTOR.
business appraiser. See APPRAISER.
business associations. See BUSINESS ENTERPRISES.
business combination. 1. The consolidation, for
accounting purposes, of a corporation and one or
more incorporated or unincorporated businesses. 2.
The two entities considered as one entity for account
ing purposes.
business compulsion. See economic duress under
DURESS.
business-continuation agreement. See AGREEMENT.
business corporation. See CORPORATION.
business court. See COURT.
business cyde. The recurrent expansion and contraction
of economic activity.
business day. See DAY.
business enterprises. The field of law dealing with
various forms of business, such as corporations, lim
ited-liability companies, and partnerships. Also
termed business entities; business associations; enter
prise organizations.
business entry. A writing admissible under the business
records exception to the hearsay rule. See BUSINESS
RECORDS EXCEPTION. [Cases: Criminal Law
Evidence
business-entry rnle. See BUSINESS-RECORDS EXCEP-
TION.
business expense. See EXPENSE.
business form. See BLANK FORM.
business gain. 1. See GAIN (2). 2. See GAIN (3).
business guest. See BUSINESS VISITOR (1).
business homestead. See HOMESTEAD.
business-interruption insurance. See INSURANCE.
business invitee. 1. See INVITEE. 2. See BUSINESS VISITOR
(1).
business-judgment rule. (1946) Corporations. The
presumption that in making business decisions not
involving direct self-interest or self


1946) Corporations. The
presumption that in making business decisions not
involving direct self-interest or self-dealing, corporate
directors act on an informed basis, in good faith, and
in the honest belief that their actions are in the corpo
ration's best interest.  The rule shields directors and

227
officers from liability for unprofitable or harmful cor
porate transactions if the transactions were made in
good faith, with due care, and within the directors' or
officers' authority. [Cases: Corporations C=> 310(1).]
"The business judgment rule is a presumption protecting
conduct by directors that can be attributed to any rational
business purpose. In order to plead and prove a claim,
a plaintiff must plead and prove facts overcoming this
presumption. Where the presumption is overcome, direc
tors bear the burden of proving the fairness of the chal
lenged conduct. The difference between these two levels
of judicial scrutiny - a presumption in favor of directors
that protects conduct that is rational, versus a burden of
proving fairness frequently is outcome determinative."
1 Dennis 1. Block et aI., The Business judgment Rule 18-19
(5th ed. 1998).
business loss. See ordinary loss under LOSS.
business meeting. See MEETING.
business method. Patents. A way or an aspect of a way
in which a commercial enterprise is operated.
business-method exception. Intellectual property. The
traditional doctrine that business methods are not pro
tected by intellectual-property laws . Early caselaw
established that "pure methods of doing business" were
unpatentable. But in 1998, the Federal Circuit held in
State St. Bank & Trust Co. v. Signature Fin. Group
(149 F.3d 1368) that business methods are not per se
unpatentable if they otherwise meet the requirements
for a valid patent. The European Patent Convention
expressly excludes business methods from patent pro
tection. [Cases: Patents C::::-7.14.]
business-method patent. See PATENT (3).
Business Methods Patent Initiative. A U.S. Patent and
Trademark Office program that added a second level
to business-method-patent reviews for the purpose
of reducing the number of business-method patents
issued . The PTa created the initiative in response to
complaints that examiners improperly approved many
business-method patents. After an examiner approves
the application and before a business-method patent is
granted, a second examiner must completely review the
application and either reject the application or affirm
the issuance of the patent.
business opportunity. The chance to buy or lease either
a going business, or a product, service, or equipment
that will enable the buyer or lessee to profit. [Cases:
Antitrust and Trade Regulation C=>271.J
business-partner insurance. See partnership insurance
under INSURANCE.
business plan. (1890) A written proposal explaining a
new business or business idea and usu. covering finan
cial, marketing, and operational plans.
business-purpose doctrine. (1939) Tax. The principle
that a transaction must serve a bona fide business
purpose (i.e., not just for tax avoidance) to qualify for
beneficial tax treatment. [Cases: Internal Revenue C::,-:>
3071, 3315, 3396.1
business record. A report, memorandum, or other
record made usu. in the ordinary course of business. but-for materiality
 It may be ordered produced as part of discovery in
a lawsuit.
business-records exception. (1939) Evidence. A hearsay
exception allOWing business records (such as reports or
memoranda) to be admitted into evidence if they were
prepared in the ordinary course of business . If there
is good reason to doubt a record's reliability (e.g., the
record was prepared in anticipation of litigation), the
exception will not apply. Fed. R. Evid. 803(6). -Also
termed bUSiness-entry rule. [Cases: Criminal Law C=>
436; Evidence C=> 351.]
business-riskexdusion. See EXCLUSION (3).
Business Software Alliance. Copyright. An international
trade organization representing leading software and
e-commerce developers, formed to educate govern
ments and the public about software issues and to fight
software piracy and Internet theft. -Abbr. BSA.
business-to-business, adj. Of or relating to commerce
between businesses, as distingUished from commerce
between a business and consumers. - Abbr. B2B. Cf.
BUSINESS-TO-CONSUMER.
business-to-business e-commerce. Electronic commerce
between businesses over the Internet.
business-to-consumer, adj. Of or relating to commerce
between a business and consumers, as distinguished
from commerce between businesses. -Abbr. B2C. Cf.
BUSINESS-TO-BUSINESS.
business-to-consumer e-commerce. Electronic
commerce between a business and consumers over
the Internet.
business tort. See TORT.
business transaction. An action that affects the actor's
financial or economic interests, including the making
of a contract.
business trust. See TRUST (4).
business visitor. 1. Torts. A person who is invited or
permitted to enter or remain on another's land for
a purpose directly or indirectly connected with the
landowner's or possessor's business dealings. Also
termed business invitee; business guest. See INVITEE.
[Cases: Negligence C=> 1076.] 2. Immigration law. A
non-U.S. citizen who has a B-1 visa, which allows the
person to be employed while in the United States.
bust-up merger. See MERGER.
but-for cause. See CAUSE (1).
but-for materiality. Patents. In an analysis of allegedly
inequitable conduct, a test for determining the materi
ality of withheld information by assessing whether the
withheld information, if disclosed, would have resulted
in a finding of unpatentability . Under this test, the
issue is whether the patent would have issued if not for
the misconduct of the applicant. By contrast, under the
subjective but-for test, the issue is whether the misrep
resentation caused the examiner to issue the patent.
Although both tests have been applied by the courts,
the Federal Circuit has rejected the but-for materiality

test in favor of the materiality test codified in 37 CFR
1.56. -Also termed objective but-for test. Cf. REASON
ABLE EXAMINER TEST. [Cases: Patents C'":::>97.]
but-for test. (1925) Tort & criminal law. The doctrine
that causation exists only when the result would not
have occurred without the party's conduct. Also
termed (in criminal law) had-not test. See but-for cause
under CAUSE Cf. SUBSTANTIAL-CAUSE TEST. [Cases:
Criminal Law Negligence
butlerage. Hist. A duty on wine imported into England,
payable to the royal butler. Cf. PRISAGE.
but see. See SED VIDE.
but so insane as not to be responsible. See GUILTY BUT
MENTALLY ILL.
buttals (bat-alz). Archaic. See ABUTTALS.
butterfly ballot. See BALLOT.
butts and bounds. See METES AND BOUNDS.
buy. See PURCHASE (1).
buy-and-sell agreement. See BUY-SELL AGREEMENT.
buy-back clause. 1. Contracts. A provision that requires
a manufacturer or franchiser to buy back inventory and
equipment if the distributor or franchisee's contract is
terminated prematurely. 2. Contracts. A clause allowing
the seller of property the right or opportunity to repur
chase the property under stated conditions. 3. Insur
ance. An insurance-policy clause that provides for the
reinstatement of coverage that the insurer excludes or
cancels if the insured meets certain conditions . For
instance, buy-back clauses are often used to reinstate
some of the c~verage taken away under pollution-exclu
sion clauses. [Cases: Contracts (;::0202(1).]
buy-down, n. Money paid by the buyer of a house to
reduce the mortgage-interest payments.
buyer. (12c) One who makes a purchase. See PUR
CHASER.
buyer in ordinary course of business. (1915) A person
who in good faith and without knowledge that
the sale violates a third party's ownership rights or
security interest in the goods -buys from a person
regularly engaged in the business of selling goods of
that kind . Pawnbrokers are excluded from the defi
nition. UCC  1-201(9), -Also termed buyer in due
course. [Cases: Sales (;::0234.]
qualified institutional buyer. Securities. An institution
with more than $100 million in invested assets.
buyer's market. See MARKET.
buying in, n. (17c) The purchase of property by the
original owner or an interested party at an auction or
foreclosure sale. buy in, vb.
buying on margin. See MARGIN TRANSACTION.
buying syndicate. See SYNDICATE.
buy order. See ORDER (8). buyout, n. The purchase of all or a controlling percent
age of the assets or shares of a business. Cf. MERGER
(8). -buyout, vb.
leveraged buyout. (1975) The purchase of a publicly
held corporation's outstanding stock by its manage
ment or outside investors, financed mainly with funds
borrowed from investment bankers or brokers and
usu. secured by the corporation's assets. -Abbr.
LBO. [Cases: Corporations (;::0 116.]
management buyout. (I976) 1. A buyout of a corpora
tion by its own directors and officers. 2. A leveraged
buyout of a corporation by an outside entity in which
the corporation's management has a material finan
cial interest. -Abbr. MBO. See GOING PRIVATE.
buy-sell agreement. (1956) 1. An arrangement between
owners of a business by which the surviving owners
agree to purchase the interest of a withdrawing or
deceased owner. Also termed cross-purchase buy-sell
agreement. Cf. CONTINUATION AGREEMENT. 2. Corpo
rations. A share-transfer restriction that commits the
shareholder to sell, and the corporation or other share
holders to buy, the shareholder's shares at a fixed price
when a specified event occurs. -Also termed buy-and
sell agreement. Cf. OPTION AGREEMENT. [Cases: Corpo
rations (;::082, 116. ]
BVA. abbr. BOARD OF VETERANS' APPEALS.
BW. abbr. BID WANTED.
BXA. abbr. BUREAU OF EXPORT ADMINISTRATION.
by-bidder. At an auction, a person employed by the seller
to bid on property for the sole purpose of stimulating
bidding by potential genuine buyers; SHILL (2). -Also
termed puffer. [Cases: Auctions and Auctioneers
7.]
by-bidding. The illegal practice of employing a person
to bid at an auction for the sole purpose of stimulat
ing bidding on the seller's property. -Also termed
puffing. Cf. BIDDING UP; SHILLING (1). [Cases: Auctions
and Auctioneers
by-election. See ELECTION (3).
by God and my country. Hist. A customary reply for
a criminal defendant when asked at arraignment,
"Culprit, how wilt thou be tried?"
bylaw rfr. Danish bye, Old Norse byr, "town"] (14c) 1.
Parliamentary law. (usu. pl.) A rule or administrative
provision adopted by an organization for its internal
governance and its external dealings . Although the
bylaws may be an organization's most authoritative
governing document, they are subordinate to a charter
or articles of incorporation or association or to a con
stitution. The "constitution and bylaws" are sometimes
a single document. See governing document under
DOCUMENT; ARTICLES OF INCORPORATION. Cf. CON
STITUTION. [Cases: Associations Condominium
Corporations (;::054,113,116.]2. ORDINANCE.
Sometimes spelled by-law; byelaw.
"Bylaw is now felt to be a compound of the preposition by
and law, but originally bywas the Danish by 'town, village'

229
(found in Derby, Whitby, etc.), and the Danish genitive
ending is preserved in the other English form byr-Iaw," Otto
Jespersen, Growth and Structure of the English Language
7S (9th ed, 1938).
bylaw man. Hist. One of the chief men of a town, usu.
appointed for some purpose under the town's corpo
rate bylaws.
by operation oflaw. See OPERATION OF LAW.
bypass trust. See TRUST.
byrlaw (bir-lah), n. Eng. & Scots Hist. 1. The local
custom of a township or district for resolving disputes
over boundaries, trespasses, and the use of common
lands, as well as farming issues. 2. A particular custom
established by the common consent of landholders bystander
in a township or district. 3. The area over which a
township or district court has jurisdiction. -Also
spelled burlaw.
byrlaw court. Hist. Scots law. A community assembly
that judged minor disputes arising in the community.
 The assembly members were called byrlawmen or bir
leymen. - Also spelled burlaw court.
byrthynsak (bar-th.:ln-sak), n. [Anglo-Saxon byrthen
"burden" + sacu "lawsuit"] Hist. The theft of a calf or
ram that is the most a man can carryon his back.
bystander. (16c) One who is present when an event takes
place, but who does not become directly involved in
it.

c
c. abbr. (1947) 1. CIRCA. 2. COPYRIGHT.
ca. abbr. CIRCA.


47) 1. CIRCA. 2. COPYRIGHT.
ca. abbr. CIRCA.
CA. abbr. CERTIFICATION AUTHORITY.
ca. ad reo abbr. See capias ad respondendum under
CAPIAS.
cabal (ka-.bal or ka-bahl). (17c) A small group ofpolitical
schemers or conspirators . The term is sometimes said
to have originated as an acronym from a committee
of five ministers ofCharles II, whose surnames began
with C, A, B, A, and L (Clifford, Arlington, Bucking
ham, Ashley, and Lauderdale). Though colorful, this
etymology is false: the term came into English directly
from the French cabale "intrigue," which derives ulti
mately from Hebrew kabbalah "received lore."
cabala (kab-~-la or ka-bahl-a). An esoteric or obscure
doctrine.
caballeria (kah-bah-ye-ree-ah). [Spanish] Spanish law.
An allotment of land in regions formerly conquered
by Spain, such as Mexico and the southwestern United
States . Originally a Spanish feudal tenure held by a
soldier, a caballeria eventually came to refer to an area
ofland. It usu. measures 100 by 200 feet in the United
States, and between 30 and 200 acres in Mexico and
other former Spanish territories.
cabinet. (often cap.) (17c) The advisory council to an
executive officer, esp. the President.  The President's
cabinet is a creation of custom and tradition, dating
back to the term ofGeorge Washington. 1he U.S. Con
stitution alludes to a group of presidential advisers
the President "may require the Opinion, in writing, of
the principal Officer in each of the executive Depart
ments' upon any Subject relating to the Duties oftheir
respective Offices" (art. II,  2, c1. 1) but the term
cabinet is not specifically mentioned. The cabinet today
comprises the heads of the 15 executive departments:
the Secretary of State, the Secretary of the Treasury,
the Secretary of Defense, the Attorney General, the
Secretary ofthe Interior, the Secretary of Agriculture,
the Secretary ofCommerce, the Secretary ofLabor, the
Secretary ofHealth and Human Services, the Secretary
of Housing and Urban Development, the Secretary of
Transportation, the Secretary ofEnergy, the Secretary
ofEducation, the Secretary ofVeterans Affairs, and the
Secretary of Homeland Security. Other officials, such
as the U.S. ambassador to the United Nations and the
director of the Office of Management and the Budget,
have been accorded cabinet rank. [Cases: United States
inner cabinet. The heads of the departments of State,
Treasury, Defense, and Justice . 1his group is so
called because in most administrations it tends to be closer to the executive and more influential than the
rest of the cabinet (the outer cabinet).
kitchen cabinet. An unofficial and informal body of
noncabinet advisers who often have more sway with
the executive than the real cabinet does . This term
was first used derisively in reference to some ofPres i
dent Andrew Jackson's advisers, who, because oftheir
reputation for unpolished manners, were supposedly
not important enough to meet in the formal rooms
of the White House.
"The term [kitchen cabinet] began to lose its sting after
Jackson's time. But because most Presidents do have circles
of personal friends, the idea remains. Theodore Roosevelt
had his 'tennis cabinet.' Jonathan Daniels referred to
Warren Harding's 'poker cabinet.' Herbert Hoover had an
exercise-loving 'medicine ball cabinet.' Even governors
can play the game. In writing of New York's Alfred Smith,
Ed Flynn mentions the 'golfing cabinet,''' William Safire,
Satire's New Political Dictionary 389 (1993).
Cable and Satellite Directive. See DIRECTIVE ON THE
COORDINATION OF CERTAIN RULES CONCERNING COPY
RIGHT AND NEIGHBOURING RIGHTS APPLICABLE TO SAT
ELLITE BROADCASTING AND CABLE RETRANSMISSION.
cabotage (kab-a-tij). Int'llaw. 1. The carrying on oftrade
along a country's coast; the transport ofgoods or pas
sengers from one port or place to another in the same
country . The privilege to carryon this trade is usu.
limited to vessels flying the flag of that country. 2. 1he
privilege of carrying traffic between two ports in the
same country. 3. The right ofa foreign airline to carry
passengers and cargo between airports in the same
country.
"Some writers maintain [that cabotage] should be applied
only to maritime navigation; in this context one can distin
guish between petit cabotage -transport between ports
situated on the same sea (e.g. Bordeaux-Le Havre) -and
grand cabotage transport between ports situated on
different seas (e.g. Bordeaux-Marseille). However, the
term is also properly applied to transport between two
inland points on an international river within one State,
although the term grand cabotage is sometimes incorrectly
applied to transnational transport between the inland ports
of different riparian States on the same waterway. River
cabotage properly so called is sometimes also referred to
as local transport. Finally, the term has also been adopted
to describe commercial air transport between airports
situated in the same State." Robert C. Lane, "Cabotage," in
1 Encyclopedia ot Public International Law 519--20 (1992).
ca'canny strike. See slowdown strike under STRIKE.
cacicazgos (kah-see-kahz-gohs). Land held in entail by
caciques (leaders of Indian villages) and their descen
dants in Spanish America.
cadastre (b-das-t~r). A survey and valuation of
real estate in a county or region compiled for tax
purposes. -Also spelled cadaster. -cadastral, adj.

231 	 calendar
cadena (ka-day-n<l). [Spanish "chain"] Spanish law. A
period ofimprisonment; formerly, confinement at hard
labor while chained from waist to ankle.
cadena perpetua (ka-day-n<l piJf-pet-W<l). Life impris
onment.
cadena temporal (ka-day-n<l tem-por-ahl). Imprison
ment for a term less than life.
cadere (kad-<l-ree). [Latin "to fail"] Hist. 1. To end,
cease, or fail. _ This term usu. refers to the failure of a
writ action. Cadit breve, for example, means "the writ
fails." 2. To be changed or turned into. -Cadit assisa in
juratum means "the assise is changed into a jury."
cadit quaestio (kay-dit kwes-chee-oh). [Latin] Hist. The
question falls to the ground; the dispute is over.
caduca (k<l-d[y]oo-k<l), n. pl. [Latin "fallen things"] 1.
Civil law. Heritable property; property descending to
an heir. 2. Roman law. Property forfeited for crime. See
LAPSE. 3. Roman law. Property that either was without
an heir or could not be taken by the testamentary heir
or legatee. _ In many cases, the property would escheat
to the state. See ESCHEAT.
caducary (ka-d[y]oo-ka-ree), adj. (Of a bequest or estate)
subject to, relating to, or by way ofescheat, lapse, or for
feiture of property <the statute was intended to waive
the rights ofthe caducary heirs>.
caduce (k<l-d[y]oos), vb. To take by escheat or lapse <the
government caduced the unclaimed mineral royal
ties>.
caducity (ka-d[y]oo-s<l-tee), n. The lapse of a testamen
tary gift <the testator failed to provide a contingency
tor the caducity ofthe legacy>.
caeteris paribus. See CETERIS PARIBUS.
caeteris tacentibus. See CETERIS TACENTIBUS.
caeterorum administration. See ADMINISTRATION.
c.a.f. Cost, assurance, and freight. -	This term is synony
mous with C.I.F. [Cases: Sales ~'-::>201(4).]
"[IJn a French contract the term 'C.A.F.' does not mean
'Cost and Freight' but has exactly the same meaning as the
term 'C.I.F.,' Since it is merely the French equivalent of that
term. The 'A' does not stand for 'and' but for 'assurance,'
which means insurance." William D. Hawkland, Uniform
Commercial Code Series  2-320 (1984).
CAFC. abbr. UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT.
cafeteria plan. An employee fringe-benefit plan allowing
a choice ofbasic benefits up to a certain dollar amount.
[Cases: Labor and Employment C=>41l.]
cahoots (k<l-hoots). Slang. Partnership, esp. in an illegal
act; collusion <the lawyer was in cahoots with her
client>.
Cairns's Act (kairn-z<lz). Hist. An 1858 statute that
expanded the relief available in England's chancery
courts to include monetary damages in addition to
injunctive relief. -Cairns's Act was superseded by the
Judicature Acts of 1873-1875. -Also spelled Cairns'
Act. Cf. JUDICATURE ACTS. Calandra rule (b-Ian-dra). The doctrine that a grand
jury witness may be compelled to answer ques
tions about certain items, even though the items
were obtained by the police illegally. United States v.
Calandra, 414 U.S. 338, 94 S.Ct. 613 (1974).
calculated ambiguity. See AMBIGUITY.
Caldwell error. See ERROR (2).
calefagium (kal-i-fay-jee-<lm), n. Hist. A feudal right to
take wood from the King's forest or the lord's estate.
calendar, 11. (15c) 1. A systematized ordering of time
into years, months, weeks, and days; esp., the Grego
rian calendar established by Pope Gregory XIII in 1582
and adopted in Great Britain in 1752. -The Gregorian
calendar is used throughout the Western world. [Cases:
Time
Gregorian calendar. See NEW STYLE.
Julian calendar. See OLD STYLE.
2. (i8c) A court's list of civil or criminal cases. See
DOCKET (2). [Cases: Criminal Law C=>632(2); Federal
Civil Procedure C=> 1991, 1993; Trial (;=9.J
court calendar. See COURT CALENDAR.
short-cause calendar. A trial calendar on which a
short-cause trial may be scheduled for the 10th day
after the opposing party is given notice. _ The request
for scheduling must include an affidavit that the trial
will take no longer than a certain specified period
(e.g., an hour). [Cases: Trial
special calendar. A calendar marked with court cases
that have been specially set for hearing or trial. See
special setting under SETTING. [Cases: Trial C=> 13.]
trial calendar. See DOCKET (2).
3. A list of bills reported out of a legislative commit
tee for consideration by the entire legislature. 4. Par
liamentary law. AGENDA. -Also termed calendar of
business.
action calendar. The list ofbusiness awaiting a deliber
ative assembly's vote. Also termed action agenda.
consent calendar. A list of business awaiting a delib
erative assembly's vote that is not expected to be sub
stantially opposed and is therefore scheduled for a
vote without debate, or for automatic adoption unless
a member objects. Also termed consent agenda;
unanimous-consent agenda; unanimous-consent
calendar.
"An assembly with a large number of routine or noncon
troverSial matters on its agenda may find it not only con
venient but expeditious to consider these matters under
unanimous consent procedure. This gives every member
an opportunity to object. At the same time, it gives the
presiding officer an opportunity to dispose of a great deal
of the agenda confronting the assembly quickly and effi
ciently, particularly when it would be most helpful to the
assembly to get its job done. This can even be done by
taking en bloc action (that is, dispOSing of various items
at the same time without taking separate consideration of
them) when matters are not controversial or are of minor
importance to the assembly, though every member has
the right to object." Floyd M. Riddick & Miriam H. Butcher,
Riddick's Rules of Procedure 56 (1985).

calendar 232
debate calendar. The list ofbusiness that is awaiting
a deliberative assembly's vote and that is not on the
consent calendar. -Also termed debate agenda.
report calendar. The list ofbusiness coming before
a deliberative assembly for information only rather
than for its vote. _ An item on the report calendar
may be the subject of a vote in the future. Also
termed report agenda.
special-order calendar. The list ofbusiness scheduled
as special orders. -Also termed special-order agenda.
See special order under ORDER (4).
unanimous-consent calendar. See consent calendar.
calendar; vb. 1. To place an important event on a
calendar, esp. so that the event will be remembered. 2.
To place a case on a calendar.
calendar call. (1918) A court session in which the judge
calls each case awaiting trial, determines its status, and
assigns a trial date.
calendar day. See DAY.
calendar month. See MONTH (1).
calendar motion. See MOTION (1).
calendar of prisoners. Hist. A list kept by the sheriffs
containing the names of all the prisoners in custody
alongside notes about each prisoner's present and past
convictions.
calendar year. See YEAR (1).
Calends (kal-;mdz). Roman law. In the ancient Roman
calendar, the first day of the month. Also spelled
Kal


(kal-;mdz). Roman law. In the ancient Roman
calendar, the first day of the month. Also spelled
Kalends. ct: IDES; NONES.
call, n. (13c) 1. A request, demand, or command, esp. to
come or assemble; an invitation or summons.
call for the orders ofthe day. Parliamentary law. A
demand that the meeting proceed according to its
order of business. -Also termed call for the regular
order.
callfor the regular order. See call for the orders ofthe
day.
call ofa meeting. Parliamentary law. Formal written
notice of a meeting's time and place, sometimes stating
its business, sent to each member in advance.
call ofthe house. A legislative body's order compel
ling each absent member's attendance, usu. instruct
ing that the sergeant at arms arrest and present each
absentee.
"In legislative bodies or other assemblies that have legal
power to compel the attendance of their members, a pro
cedure that can be used to obtain a quorum, if necessary,
is the motion for a Call ofthe House. This is a motion that
unexcused absent members be brought to the meeting
under arrest. A Call of the House is not applicable in vol
untary societies." Henry M. Robert, Robert's Rules ofOrder
Newly Revised  40, at 339 (10th ed. 2000).
call ofthe roll. See roll call.
call to order. Parliamentary law. 1. The chair's dec
laration that a deliberative assembly has properly
convened and is ready for business. Also termed convocation. 2. The chair's request that a member
follow the applicable rules or observe appropriate
decorum. See DECORUM.
quorum call. A roll call to determine whether a quorum
is present. See QUORUM.
roll call. Parliamentary law. A calling of the roll to take
attendance or a vote. See roll-call vote under VOTE
(4). -Also termed call ofthe roll.
2. A demand for payment of money.
margin call. A securities broker's demand that a
customer put up money or stock as collateral when
the broker finances a purchase of securities. - A
margin call usu. occurs when the market prices of
the securities are falling. Also termed maintenance
call. [Cases: Brokers C=:>24(2).]
3. See call option under OPTION. 4. A demand for the
presentation of a security (esp. a bond) for redemption
before the maturity date. [Cases: Corporations (::::,473.]
5. A landmark designating a property boundary. _ The
landmarks are chosen by the surveyor and recorded in
his field notes or in the accompanying deed. See DIREC
TORY CALL; LOCATIVE CALL; METES AND BOUNDS.
call, vb. (bef. 12c) 1. To summon. 2. To demand payment
of money. 3. To redeem (a bond) before maturity.
callable, adj. (Of a security) redeemable by the issuing
corporation betore maturity. See REDEMPTION. [Cases:
Corporations C=:>68.]
callable bond. See redeemable bond under BOND (3).
callable preferred stock. See STOCK.
callable security. See redeemable security under
SECURITY.
called meeting. See special meeting under MEETING.
call equivalent position. Securities. A security position
that increases in value as the value of the underly
ing equity increases. -It includes a long convertible
security, a long call option, and a short put option. SEC
Rule 16a-l(b) (17 CFR  240.16a-l(b)). [Cases: Securities
Regulation C-'JS.2S(3).J
call for the orders ofthe day. See CALL (1).
call for the regular order. See call for the orders ofthe
day under CALL (1).
calling to the bar. See CALL TO THE BAR.
call loan. See LOAN.
call ofa meeting. See CALL (1).
call ofthe house. See CALL (1).
call ofthe roll. See roll call under CALL (1).
call option. See OPTION,
call patent. See PATENT (2).
call premium. The percentage amount of a bond's face
value that a company pays, along with the face value, to
redeem a callable bond; the difference between a bond's
call price and its par value.
call price. See PRICE.

233 cancel
call-protection clause. A clause in a bond issue or a
callable preferred stock issue prohibiting the issuer
from recalling the during a specified period.
[Cases: Corporations
call the question. Parliamentary law. 1. (Of a member) to
move to close debate. 2. (Of a deliberative assembly) to
adopt a motion to close debate. See CLOSE DEBATE.
call to order. See CALL (1).
call to the bar, n. lhe admission ofa person to practice
law. This common phrase is a loan translation of the
Latin ad barram evocatus ("called to the bar"). See AD
BARRAM EVOCA TUS. Also termed calling to the bar.
[Cases: Attorney and Client
call up, vb. Parliamentary law. To bring before a delibera
tive assembly business that is ready for consideration
<call up the motion to reconsider>.
calumnia (k<>-ldm-nee-d), n. pl. [Latin "vexatious pro
ceedings"] Roman law. Vexatiously instituted civil
proceedings or knowingly false criminal charges made
against someone . The victim had civil or criminal
remedies depending on the circumstances.
calumniae judicium (b-ldm-nee-ee joo-dish-ee-<>m).
[Latin "action for vexation"] Roman law. A countersuit
that a defendant who was maliciously sued could bring
after winning a judgment in the principal action.
calumniae jusjurandum (b-Idm-nee-ee j<>s-j<>-ran
d<>m). [Law Latin "oath of calumny"] Roman law. An
oath given by a litigant that he is not suing or defend
ing vexatiously.
calumniate (k<l-lam-nee-ayt), vb. To slander or make
false charges against. calumniator, n.
calumny (kal-am-nee), n. (l6c) Archaic. l. The act of
maliciously misrepresenting someone's words or
actions in a way that is calculated to injure that person's
reputation. See OBLOQUY (1). 2. A false charge or impu
tation. calumnious (ka-lam-nee-<>s), adj. -calum
niator (k<>l<lm-nee-ay-tar), n.
Calvin's case. Ihe decision establishing that persons
born in Scotland after the 1603 accession of James I to
the English throne were deemed natural-born subjects
ofthe King ofEngland and could inherit English land.
Calvin v. Smith, 7 Eng. Rep. 1,2 S.T. 559 (1608).
Calvo clause (kahl-voh). A contractual clause by which
an alien waives the right to invoke diplomatic immunity .
 Such a clause typically appears in a contract between
a national government and an alien.
Calvo doctrine. Int'llaw. The rule that resident aliens
have the same rights to protection as citizens, but no
more. _ This doctrine, which sought to establish a
minimum international standard for the treatment of
aliens, was developed by the Argentinian jurist Carlos
Calvo in his treatise Le Droit International1heorique
et Pratique (5th ed. 1896). The doctrine was intended
to prevent aliens from abusing their right ofdiplomatic
protection. Itwas rejected by many states on the ground
that the doctrine sought to deprive states oftheir right
to protect their citizens in countries when the rights of the general population fell below the minimum inter
national standards.
cambiale jus (kam-bee-ay-lee j<ls). [Latin "law of
exchange"] The law ofcommercial exchange.
cambiator (kam-bee-ay-tar). Hist. An exchanger, usu. of
money (cambiatores monetae).
cambist (kam-bist). [fro Latin cambiare "to exchange")
A broker who trades promissory notes or bills of
exchange. Also termed cambiator.
cambium (kam-bee-<>m). [Law Latin "exchange"] Hist.
1. An exchange of money, debt, or land.
cambium locale. A contract of exchange in which a
person agrees to pay a sum of money at one location
in consideration of money received at another
location. Also termed cambium mercantile;
cambium trajectitium.
cambium reale. An exchange ofland. -Also termed
cambium manuale.
2. A mercantile contract in which the parties agree
to exchange money for money; a bill of exchange.
Also termed escambium. 3. Eccles. law. An exchange
of money that potentially allows one party to profit.
Historically, most forms ofcambium were forbidden
under laws against usury but were gradually allowed
as a fair recompense for trouble and risk. Cf. (in sense
3) USURY.
camera (kam-<>-ra). [Latin] Chamber; room. See IN
CAMERA.
camera regis (kam-<>-r<> ree-jis). [Latin "chambers of the
king"] Hist. A locale that the king takes a particular
interest in, usu. expressed as a royal privilege benefit
ing a city.
camerarius (kam-<l-rair-ee-<>s). [fro Latin camera
"chamber"] Hist. 1. A chamberlain or other treasurer
in charge ofpublic money. 2. BAILIFF.
Camera Scaccarii. See EXCHEQUER CHAMBER.
Camera Stellata (kam-a-r<> std-Iay-td). [Law Latin] See
STAR CHAMBER, COURT OF.
campers. Hist. The share ofa lawsuit's proceeds payable
to a champertor. See CHAMPERTY. [Cases: Champerty
and Maintenance
campipartia. See CHAMPERTY.
campiparticeps. See CHAMPERTOR.
campipartitio (kam-p<l-pahr-tish-ee-oh). [Law Latin]
See CHAMPERTY.
CAMs. abbr. See COMMON-AREA MAINTENANCE
CHARGES.
can, vb. (bef. 12c) 1. To be able to do something <you can
lift 500 pounds>. 2. To have permission (as often inter
preted by courts); MAY <no appeal can be filed until the
filing fee is paid>.
cancel, vb. 1. To destroy a written instrument by defacing
or obliterating it <she canceled her will by marking
through it>. 2. To terminate a promise, obligation,

234 canceled check
canceled the contract>. [Cases:
canceled check. See CHECK.
cancellaria (kan-sa-lair-ee-a). [Law Latin] See CHANCERY
(1). -Also termed curia cancellaria.
cancellarius (kan-sa-Iair-ee-as). [Law Latin] 1. A chan
cellor, scrivener, or notary. 2. See LORD CHANCELLOR.
cancellation, n. (16c) 1. The act ofdefacing or obliterat
ing a writing (as by marking lines across it) with the
intention of rendering it void. 2. An annulment or ter
mination ofa promise or an obligation. [Cases: Cancel
lation ofInstruments Contracts (:::::>249.J
flat cancellation. The cancellation of an insurance
policy without any charge to the insured. [Cases:
Insurance (:::::> 1933.]
3. An equitable remedy by which courts call in and
annul outstanding void or rescinded instruments
because they may either spawn vexatious litigation or
cloud someone'g title to property. [Cases: Cancellation
ofInstruments 4. Trademarks. The removal ofa
trademark from the Principal Register . A trademark
already on the Principal Register can be challenged by
a person who claims to be damaged by the placement.
For five years after a mark is allowed, it can be canceled
for any reason that would have blocked allowance of
the application. After that time, ifthe owner files a dec
laration under  15, the grounds for cancellation are
more restricted. See INCONTESTABILITY STATUS. Cf.
OPPOSITION. [Cases: Trademarks C--:' 1297.] -cancel,
vb. -cancelable, adj.
cancellation dause. A contractual provision allowing
one or both parties to annul their obligations under
certain conditions. Also termed termination clause.
[Cases: Contracts 250.1
cancellatura. Hist. See CANCELLATION.
cancelled check. See CHECK.
cancelli (kan-sel-I). [Latin "lattice, grille"] Archaic. 1.
Lines drawn on a writing, esp. a will, indicating its
revocation. See CANCELLATION (1). 2. Hist. The rails or
latticework enclOSing the bar ofa court.
cancerphobia claim. See FEAR-OF-CANCER CLAIM.
C & F. abbr. COST AND FREIGHT. Also spelled CandF.
candidate, n. [fro Latin candidatus, "clothed in white";
fr. candidus, "white," from the white toga worn by a
candidate for public office in ancient Rome as a symbol
of clean government] An individual seeking nomina
tion, election, or appointment to an office, membership,
award, or like title or status. A candidate for election
becomes a "nominee" after being formally nominated.
Cf. NOMINEE (1).
candidate species. See SPECIES (1).
Candlemas. See quarter day under DAY.
canfara (kan-f~-r~). [Law Latin] Hist. A trial by hot iron,
formerly used in England. See ordeal by fire under
ORDEAL. canon (kan-~n), n. (bef. 12c) 1. A rule or principle, esp.
one accepted as fundamental.
canon ofconstruction. A rule used in construing legal
instruments, esp. contracts and statutes. Although
a few states have codified the canons of construc
tion -examples ofwhich are contra proferentem and
ejusdem generis -most jurisdictions treat the canons


construc
tion -examples ofwhich are contra proferentem and
ejusdem generis -most jurisdictions treat the canons
as mere customs not having the force oflaw. -Often
shortened to canon. -Also termed rule ofconstruc
tion; rule ofinterpretation. rCases: Contracts ~'-:::J 143;
Statutes C-~174.]
"A frequent criticism of the canons [of construction], made
forcefully by Professor Llewellyn many years ago, is that
for every canon one might bring to bear on a point there
IS an equal and opposite canon. This is an exaggeration;
but what is true is that there is a canon to support every
possible result." Richard A. Posner, The Federal Courts:
Crisis and Reform 276 (1985).
canon ofdescent. (usu. pl.) A common-law rule gov
erning intestate succession . In England, canons of
descent tended to concentrate landholdings in the
hands ofa few people, an approach generally rejected
in the United States. -Also termed canon ofinheri
tance. [Cases: Descent and Distribution Cr'-:> 1-19.]
"The common-law canons of descent tended to prevent the
diffusion of landed property, and to promote its accumula
tion in the hands of a few. The principles sprang from the
martial genius of the feudal system. In the United States
the English common law of descents, in its essential
features, has been rejected; each State has established
a law for itself." William C. Anderson, A Dictionarv of Law
349 (1889).
2. (usu. cap.) A maxim stating in general terms the
standards ofprofeSSional conduct expected oflawyers.
 The Model Code ofJudicial Conduct (1990) contains
five canons and hundreds of specific rules. [Cases:
Attorney and Client (:::::>32(2); Judges 11(2).J 3. A
rule of ecdesiasticallaw. 4. A corpus ofwritings. 5. A
clergy member on the staff ofa cathedraL
honorary canon. A canon who serves without payor
other benefits.
6. A fixed regular payment or tribute made as a contri
bution payable to the church.
canon emphyteuticus (kan-<ln em-fi-t[y]oo-ti-kas).
fro Greek] Roman law. The annual payment that
an emphyteuta made under a contract ofemphyteusis.
See EMPHYTEUSJS; EMPHYTEUTA.
canonical (ka-non-a-kal), adj. 1. (Of a rule or decree)
prescribed by, in conformity with, or relating to canon
law. 2. Orthodox; conforming to accepted rules or con
ventions.
canonical disability. See DISABILITY (3).
canonical impediment. See IMPEDIMENT.
canonical law. See CANON LAW.
canonical purgation. See PURGATION.
canonist (kan-;m-ist), n. An expert in canon law; esp., a
canon lawyer or professor ofecclesiastical law.
canon law. 1. A body of western ecdesiasticallaw that
was first compiled from the 12th to 14th centuries . It

235
has grown steadily since that time, and is now codified
in the Codex Juris Canonici of 1983, replacing that of
1918. Also termed corpus juris canonici; papal law;
jus canonicum. 2. A body oflaw developed within a
particular religious tradition. -Also termed church
law; canonical law. Cf. ECCLESIASTICAL LAW. [Cases:
Religious Societies C:=>5.]
"The indirect contributions of the canon law to the devel
opment of English law were as great as, and the direct
contributions far greater than, those made by the civil
law. Indirectly the canon lawyers gave much even to the
purely secular law of England, because, during the early
Middle Ages, most of the judges or the royal courts were
ecclesiastics acquainted with the chief doctrines of canon
law.. , . The direct influence of the canon law in England
resulted from its being the law which was administered
in the courts of the Church," W,J,V, Windeyer, Lectures on
Legal History 41 (2d ed. 1949).
"Canon law has its roots in theology, But, so far as England
is concerned, it may be defined as so much of the law of
England as is concerned with the regulation of the affairs
of the Church of England." E, Garth Moore & Timothy
Briden, Moore's Introduction to English Canon Law 9 (2d
ed. 1985).
canon ofconstruction. See CANON (1).
canon of descent. See CANON (1).
canon ofinheritance. See canon ofdescent under CANON
(1).
cant (kant). Civil law. A method of dividing commonly
held property by awarding it to the highest-bidding
owner on condition that the successful bidder must buy
out each coowner's interest. -Also termed licitation.
cantred (kan-tred). [fr. Welsh cant "hundred" + tref
"village"] See HUNDRED.
CANT rule. The principle that a class action requires
commonality, actionability, and typical
[Cases: Federal Civil Procedure 161.1; Parties
35.5.]
canum (kay-n;:)m). [Law Latin] Hist. A duty or tribute
payable from a tenant to a lord, usu. consisting of
produce from the land.
canvass, vb. (16c) 1. To examine in detail; scrutinize
<that issue has been repeatedly canvassed by our state's
courts>. 2. To formally count ballots and report the
returns <canvass the votes>.
"When all the ballots have been collected, including those
of the presiding officer, the secretary, and the tellers, the
ballots are canvassed by the tellers, Canvassing the ballots
means more than just counting, It includes evaluating
ballots to identify those that are invalid, blank, cast for
illegal nominees, illegible, abstaining, and the like, and
reporting the total results to the presiding officer for his
announcement of the results." Ray E. Keesey, Modem Par
liamentary Procedure 113 (l994).
3. To solicit political support from voters or a voting
district; to take stock ofpublic opinion <the candidate
is actively canvassing the Western states>. canvass,
n.
cap, n. (1947) An upper limit, such as a statutory limit on
the recovery in a tort action or on the interest a bank
can charge. -cap, vb. capacity
capacitate (b-pas-<l-tayt), vb. (17c) To qualify; to make
legally competent. capacitation (b-pas-<l-tay-shan),
n.
capacity. (15c) 1. 'The role in which one performs an act
<in her corporate capacity>.
proprietary capacity. The capacity of a city or town
when it engages in a business-like venture rather
than a governmental function, See PROPRIETARY
FUNCTION. [Cases: Municipal Corporations C:=>57.]
representative capacity. (17c) The position of one
standing or acting for another, esp. through delegated
authority <an agent acting in a representative capacity
for the principal>. [Cases: Principal and Agent (;::;.
1.)
2. The power to create or enter into a legal relation
under the same circumstances in which a normal
person would have the power to create or enter into
such a relation; specif., the satisfaction ofa legal quali
fication, such as legal age or soundness of mind, that
determines one's ability to sue or be sued, to enter into
a binding contract, and the like <she had full capacity
to bind the corporation with her signature>. Unless
necessary to show the court's jurisdiction, a plaintiffs
pleadings need not assert the legal capacity ofany party.
A party wishing to raise the issue ofcapacity must do
so by specific negative pleading. Fed. R. Civ. P.9(a).
Also termed (specif.) capacity to sue; power over oneselj:
See STANDING. Cf. I,ACK OF CAPACITY. [Cases: Contracts
C:=> 11,92; Federal Civil Procedure C=::> Ill; Infants
5,6,22,46,70.] 3. The mental ability to understand the
nature and effect ofone's acts <his acute pain reduced
his capacity to understand the hospital's admission
form>. -Also termed mental capacity; sane memory.
See COMPETENCY.
criminal capacity. (1853) The mental ability that a
person must possess to be held accountable for a
crime; the ability to understand right from wrong.
See INSANITY; INFANCY. [Cases: Criminal Law C:=>
46; Homicide
diminished capacity. (1912) An impaired mental
condition short ofinsanity -that is caused by
intoxication, trauma, or disease and that prevents a
person from having the mental state necessary to be
held responsible for a crime . In some jurisdictions,
a defendant's diminished capacity can be used to
determine the degree ofthe offense or the severity of
the punishment. Also termed diminished respon
sibility; partial insanity; partial responsibility. Cf.
INSANITY. [Cases: Criminal Law C:=>46; Homicide
(;::;816.]
disposing capacity. See testamentary capacity,
testamentary capacity. (1819) The mental ability that
a person must have to prepare a valid will.  This
capacity is often described as the ability to recognize
the natural objects ofone's bounty, the nature and
extent ofone's estate, and the fact that one is making a
plan to dispose ofthe estate after death. Traditionally,
the phrase "oflegal age and sound mind" refers to the

testator's capacity. -Also termed disposing capacity;
disposing mind; sound mind. See age ofcapacity under
AGE. [Cases: Wills (;:::J21-55.]
4. The ability or power to do or experience some
thing.
decreased capacity. A diminution in a person's physical
ability because ofan illness, injury, or impairment.
capacity defense. See DEFENSE (1).
capacity to sue. See CAPACITY (2).
capax doli (kay-paks doh-h). See DOLI CAPAX.
capax negotii (kay-paks ni-goh-shee-l), adj. [Latin
"capable' of entering into a transaction") (Of a person)
having capacity to enter into a contract; capable of
transacting business.
cape (kay-pee). His!. [Latin "take"] A writ filed to recover
possession ofland.
cape magnum (kay-pee mag-nam). [Latin "grand"
cape] A writ granting possession ofland before a
tenant's appearance in the action. Also termed
magnum cape; grand cape.
cape parvum (kay-pee pahr-vam). [Latin "little"
cape] A writ for the recovery ofland issuing after the
appearance ofthe tenant in the action. Also termed
petit cape.
"Cape is a writ judicial I touching plee of land or tenements,
so tearmed (as most writs be) of that word in itselfe, which
carieth the especial lest intention or end thereof. And this
writ is divided in (Cape magnum, & Cape parvum:) both
which ... take hold of things immoveable, and seeme to
differ betweene themselves in these points. First, because
(cape magnum) or the (grand Cape) Iyeth before appear
ance, and (Cape parvum) afterward. Secondly, the (Cape
magnum) summoneth the tenent to aunswer to the default,
and over to the demaundant: (Cape parvum) summoneth
the tenent to aunswer to the default onely: and therefore
is called (Cape parvum) or in French English (petit Cape.)"
John Cowell. The Interpreter (1607).
capias (kay-pee-as or kap-ee-as). [Latin "that you take"]
(15c) Any of various types of writs that require an
officer to take a named defendant into custody . A
capias is often issued when a respondent fails to appear
or when an obligor has failed to pay child support.
Also termed writ ofcapias; body execution. [Cases:
Process
capias ad audiendumjudicium (ad aw-dee-en-dam
joo-dish-ee-.->m). [Latin "that you take to hear the
judgment"] In a misdemeanor case, a writ issued
to bring the defendant to hear the judgment to be
imposed after having failed to appear.
capias ad computandum (ad kom-pyoo-tan-dam).
[Latin "that you take for computation"] Hist. A writ
issued when a debtor has failed to appear and make
account after losing in an action of account render.
See ACCOUNTING (3).
capias adfaciendum. Hist. A writ used to enforce a
creditor's judgment against a debtor by authorizing
the debtor's arrest and imprisonment. capias ad respondendum (ad ree-spon-den-dam).
[Latin "that you take to answer"] A writ command
ing the sheriff to take the defendant into custody to
ensure that the defendant will appear in court. -
Abbr. ca. resp.; ca. re.; ca. ad reo
capias ad satisfaciendum (ad sat-is-fay-shee-en -dam).
[Latin "that you take to satisfy"] Hist. A post judgment
writ commanding the sheriff to imprison the defen
dant until the judgment is satisfied. Abbr. ca. sa.
[Cases: Execution C:')421.]
capias extendifacias (ek-sten-dr fay-shee-as). [Latin
"take for extending"] Hist. A writ ofexecution issued
against one who is indebted to the Crown, command
ing the sheriff to arrest the debtor.
capias in withernam (kay-pee-as in with-.->f-nahm).
[Law Latin "taking again"] A writ authoriZing the
sheriff to seize the goods or cattle of a wrongful dis
trainor. -Also termed writ ofwithernam. See WITH
ERNAM.
capias pro fine (kay-pee-<ls proh


ed writ ofwithernam. See WITH
ERNAM.
capias pro fine (kay-pee-<ls proh fI-nee). [Latin "that
you take for the fine"] A writ for the arrest of a person
who had not paid an imposed fine. Also termed
capiatur pro fine. [Cases: Fines
capias utlagatum (kay-pee-<ls at-l<l-gay-t<lm). [Latin
"you take the outlaw"] A writ commanding the
arrest of an outlawed person. [Cases: Criminal Law
~lOOO.]
capiendo securitatem pro duplicatione feudifirmae
(kap-ee-en-doh si-kyuur-<l-tay-t"m proh d[y]oo-pli
kay-shee-oh-nee fyoo-di-far-mee). [Law Latin "by
taking caution for the payment of a double ofthe feu
duty"] His!. In a precept for entry of an heir, a clause
that cautions against taking a double feu payment when
the investiture did not expressly provide for it.
capita. See PER CAPITA.
capital, adj. (16c) 1. Ofor relating to economic or finan
cial capital <capital market>. 2. Punishable byexecu
tion; involving the death penalty <a capital offense>.
[Cases: Sentencing and Punishment
capital, n. (17c) 1. Money or assets invested, or avail
able for investment, in a business. 2. The total assets
of a business, esp. those that help generate profits. 3.
The total amount or value ofa corporation's stock; cor
porate equity. See capital stock under STOCK. [Cases:
Corporations ~61.]
actual capital. Funds generated by the sale of stock.
See capital stock (1) under STOCK.
authorized capital. See nominal capital.
circulating capital. Seefloating capital.
debt capital. Funds raised by issuing bonds.
equity capital. Funds provided by a company's owners
in exchange for evidence ofownership, such as stock.
[Cases: Corporations (;:::J60.)
fixed capital. 1. The amount ofmoney invested in fixed
assets, such as land and machinery. 2. Fixed assets.

}loating capital. 1. Funds not allocated to a particular
class ofthe corporation's capital stock. 2. Funds not
presently invested or committed; esp., money retained
for the purpose ofmeeting current expenditures.
Also termed circulating capital.
impaired capital. Corporate funds consisting ofassets
that are less than the sum of the corporation's legal
capital and its liabilities.
legal capital. An amount equal to the aggregate "par"
or stated value of all outstanding shares of a corpo
ration, or, in the case of stock without par value, an
amount set by the board of directors. A minority
of states.require this amount to remain in the cor
poration to protect creditors. Also termed stated
capital. [Cases: Corporations
moneyed capital. Money that is invested with the intent
ofmaking a profit.
nominal capital. The minimum value ofthe shares that
a company is authorized by its association documents
to issue. -Also termed authorized capital.
paid-in capital. The money paid for the capital stock of
a corporation. [Cases: Corporations e;:::, 16,60.]
proprietary capital. Money that represents the initial
investment in a sole proprietorship.
risk capital. 1. Money or property invested in a business
venture, esp. one in which the investor has no mana
gerial control. 2. See venture capital.
stated capital. 1. See legal capital. 2. The total equity of
a corporation as it appears on the balance sheet.
subscribed capital. The total value of stock for which
there are subscriptions (contracts ofpurchase).
venture capital. Funds invested in a new enterprise that
has high risk and the potential for a high return.
Also termed risk capital. See SEED MONEY.
working capital. Current assets (such as cash, inven
tory, and accounts receivable) less current liabilities.
 Working capital measures liquidity and the ability
to discharge short-term obligations. [Cases: Corpora
tions C-J152.]
capital account. See ACCOUNT.
capital asset. See ASSET.
capital contribution. 1. Cash, property, or services
contributed by partners to a partnership. [Cases: Part
nership 072, 355.] 2. Funds made available by a
shareholder, usu. without an increase in stock holdings.
[Cases: Corporations C::;)60.]
capital crime. See capital offense under OFFENSE (1).
capitale (kap-i-tay-Iee). [Latin "a thing"] Hist.l. Movable
property, esp. animals (such as 100 head of cattle).
Over time, chattel became the more common term. 2.
A stolen thing, or its equivalent value. PI. capitalia.
capital expenditure. (1898) An outlay of funds to
acquire or improve a fixed asset. Also termed capital
improvement; capital outlay.
capital expense. See EXPENSE. capital flight. The sending oflarge amounts of invest
ment money out ofa country, usu. as a result ofpanic
caused by political turmoil or a severe recession.
capital gain. (1921) The profit realized when a capital
asset is sold or exchanged. Also termed capital gains.
Cf. ordinary gain under GAIN (3); capital loss under
LOSS. [Cases: Internal Revenue (=>3230.1-3234.]
"Throughout most of the history of income taxation in
the U.S., a distinction has been drawn between the rate of
taxation on 'ordinary income' (or ordinary loss) and 'capital
gain' (or capital loss). 'Capital gain' refers to the income
from certain transactions in some assets, called capital
assets, or from other transactions that Congress has said
should be taxed as capital gain.. . The most common
form of capital gain or loss transaction is a sale of an asset
such as a share of stock or a parcel of land, for cash."
John K. McNulty, Federal Income Taxation ofIndividuals in
a Nutshell 420 (5th ed. 1995).
long-term capital gain. The profit realized from
selling or exchanging a capital asset held for more
than a specified period, usu. one year. [Cases: Internal
Revenue e;:::, 3260.]
short-term capital gain. The profit realized from selling
or exchanging a capital asset held for less than a speci
fied period, usu. one year. It is treated as ordinary
income under current federal tax law. [Cases: Internal
Revenue (,,3260.]
capital-gain distribution. See capital-gain dividend
under DIVIDEND.
capital-gain dividend. See DIVIDEND.
capital gains. See CAPITAL GAIN.
capital-gains tax. See TAX.
capital goods. See GOODS.
capital impairment. The financial condition of a cor
poration whose assets are less than the sum ofits legal
capital and its liabilities.
capital improvement. See CAPITAL EXPENDITURE.
capita lis (kap-i-tay-lis), adj. [Latin] 1. Roman law. (Of
a crime) punishable by death, loss of liberty, or loss of
citizenship. See CAPUT. 2. Hist. (Ofa person orjudicial
proceeding) that is principal or chief.
capita lis, n. [Latin "chief"] Hist. A principal (or chief)
person, object, or judicial proceeding.
capitalis baro (kap-i-tay-lis bar-oh). [Latin "chief
baron"] Hist. The chiefbaron of the Court of Exche
quer. See CHIEF BARON.
capitalis custos (kap-i-tay-lis kCls-tohs). [Latin "chief
guardian"] Hist. 1. A chief warden or magistrate. 2.
Loosely, a mayor.
capitalis dominus (kap-i-tay-lis dom-<'l-n<ls). [Latin
"chieflord"] Hist. A tenant's immediate lord; CHIEF
LORD.
capitalis justiciarius (kap-i-tay-lis j<'ls-tish-ee-air-ee-<ls).
[Latin "chief justiciary"] Hist. The principal minister of
state who governed when the king traveled abroad . By
the 13th century the duties ofoffice were more judicial
than political. See JUSTICIARY (2).

238 capitalis justiciarius ad placita coram rege tenenda
capitalis justiciarius ad placita coram rege tenenda
(kap-i-tay-lis j;:Js-tish-ee-air-ee-;:Js ad plas-;:J-t;:J kor-;:Jm
ree-jee t;:J-nen-d;:J). [Latin] Hist. Chief justice for holding
pleas before the king. _ This phrase which dates from
the 13th century -referred to the chief justice of the
King's Bench.
capitalis justiciarius band (kap-i-tay-lis j;:Js-tish-ee-air
ee-;:Js ban-sl). [Latin] Chief justice ofthe bench. -This
phrase which dates from the 13th century -referred
to the chief justice of the Court ofCommon Pleas.
capitalis justiciarius totius Angliae (kap-i-tay-lis j;:Js
tish-ee-air-ee-;:Js toh-shee-;:Js ang-glee-ee). [Latin] Hist.
Chief justice of all England. -This was the title of the
presiding justice in the court of aula regis.
capitalism, n. (1849) An economic system that depends
on the private ownership of the means of produc
tion and on competitive forces to determine what is
produced. Cf. COMMUNISM (1). capitalist, adj. & n.
capita lis plegius (kap-i-tay-Iis plee-jee-;:Js). [Latin "chief
pledge"] Hist. 1. A chief pledge or surety. 2. BORSH
OLDER.
capitalis terra (kap-i-tay-lis ter-d). [Latin "head-land"]
Hist. A piece of land lying before, or at the head of,
other land.
capitalization, n. 1. The act or process of capitalizing
or converting something into capital. 2. The amount
or sum resulting from this act or process. 3. The total
amount oflong-term financing used by a business,
including stocks, bonds, retained earnings, and other
funds. 4. The total par value or stated value of the
authorized or outstanding stock ofa corporation.
thin capitalization. The financial condition of a firm
that has a high ratio ofliabilities to capital.
undercapitalization. The financial condition of a
firm that does not have enough capital to carryon its
business. [Cases: Corporations (;:~, 1.4(1).]
capitalization accounting method. See ACCOUNTING
METHOD.
capitalization rate. The interest rate used in calculating
the present value offuture periodic payments. Also
termed cap rate; income yield.
capitalization ratio. The ratio between the amount of
capital raised and the total capitalization of the firm.
Also termed capital ratio.
capitalize, vb. 1. To convert (earnings) into capital. 2.
To treat (a cost) as a capital expenditure rather than
an ordinary and necessary expense. 3. To determine
the present value of (long-term income). 4. To supply
capital for (a business).
capitalized expense. See EXPENSE.
capital lease. See LEASE-PURCHASE AGREEMENT.
capital leverage. (1940) The use of borrowed funds in
a business to obtain a return greater than the interest
rate. See LEV ERAGE.
capital loss. See LOSS. capital market. See MARKET.
capital offense. See OFFENSE (l).
capital outlay. (I857) 1. CAPITAL EXPENDITURE. 2.
Money expended in acqUiring, equipping, and pro
moting a business.
capital punishment. The sentence ofdeath for a serious
crime. Also termed death penalty. See DEATH
PENALTY.
"At Common Law capital punishment was imposed for a
few very serious offences such as treason, murder, rape,
and burning a dwelling-house. Even as late as 1688, despite
the exceptionally rigorous laws which had been enacted
during the reigns of the Tudors and Stuarts, no more than
about fifty offences carried the death penalty. In the eigh
teenth century, however, their number began spectacularly
to increase.... Broadly speaking, in the course of the
hundred and sixty years from the Restoration to the death
of George III. the number of capital offences had increased
by about one hundred and ninety." 1 Leon Radzinowicz, A
History ofEnglish Criminal Law  1, at 4 (1948).
capital ratio. See CAPITALIZATION RATIO.
capital recovery. (1942) The collection of charged-off
bad debt that has been previously written off against
the allowance for doubtful accounts.
capital return. See RETURN.
capital-risk test. Securities. A method of determin
ing whether a transaction constitutes an investment
contract (subject to securities laws), whereby ifa sub
stantial portion of the capital used by a franchiser to
start its operations is provided by a franchisee, then
the transaction is treated as an investment contract.
Cf. RISK-CAPITAL TEST. [Cases: Securities Regulation
(;=>252.]
capital stock. See STOCK.
capital-stock tax. See TAX.
capital structure. (1923) 1be mix of debt and equity by
which a business finances its operations; the relative
proportions of short-term debt, long-term debt, and
capital stock.
capital surplus. See SURPLUs.
capital transaction. A purchase, sale, or exchange of a
capital asset.
capitaneus (kap-i-tay-nee-<'ls). [Law Latin "tenant in
chief"] 1. Hist. A tenant in capite; one who holds title
directly from the king. Also termed


chief"] 1. Hist. A tenant in capite; one who holds title
directly from the king. Also termed cataneus. 2.
Maritime law. A ship captain or naval commander. 3.
A ruler or leader.
capitated, adj. Insurance. Ofor relating to a healthcare
system that gives a medical-care provider a fixed fee per
patient regardless ofthe treatment required.
capitation. 1. See poll tax under TAX. 2. A method of
paying a healthcare provider based on the number of
members in a health-benefit plan that the provider con
tracts to treat. -The health plan's sponsor agrees to pay
a fixed amount per person each period, regardless of
what services are provided.
capitation tax. See poll tax under TAX.

capitis aestimatio (kap-i-tis es-ti-may-shee-oh). [Latin
"valuing of a head"] Hist. A monetary estimate of a
person's life, made to assess a penalty for the person's
slaying. See WERGILD.
capitis deminutio (kap-His dem-i-n[y]oo-shee-oh).
[Latin "reduction ofstatus"] Roman law. A diminution
or alteration of a person's legal status. Also spelled
capitis diminutio. See DE CAPITE MINUTIS.
"Capitis deminutio is the destruction of the 'caput' or legal
personality. Capitis deminutio, so to speak, wipes out the
former individual and puts a new one in his place, and
between the old and the new individual there is, legally
speaking, nothing in common. Ajuristic personality may
be thus destroyed in one of three ways: (1) by loss of the
status libertatis. This is the capitis deminutio maxima; (2)
by loss of the status civitatis. This is the capitis deminutio
media (magna); (3) by severance from the agnatic family.
This entails capitis deminutio minima." Rudolph Sohm, The
Institutes: A Textbook of the History and System of Roman
Private Law 178-79 Uames Crawford Ledlie trans., 3d ed.
1907).
capitis deminutio maxima (kap-i-tis dem-i-n[y]oo
shee-oh mak-si-m<}). [Latin "maximum reduction of
status"] Roman law. The diminution ofa person's legal
status as a result ofbeing reduced to slavery.
capitis deminutio minima (kap-i-tis dem-i-n[yJoo
shee-oh min-i-md). [Latin "minimal reduction of
status"] Roman law. The diminution of a person's
legal status involving a change of family, while both
citizenship and freedom were retained.
capitis deminutio minor (kap-i-tis dem-i-n[yJoo
shee-oh mI-n<}r). [Latin "minor reduction of status"]
Roman law. The diminution ofa person's legal status
involving a loss ofcitizenship but not of freedom.
Under the Empire, banishment for life to an island or
other restricted area had this effect. Also termed
capitis deminutio media.
capitula (kd-pich-d-Id). [Law Latin "chapters"] Hist. l.
Collections oflaws or ordinances organized under
various headings. Also termed capitulary. 2.
Chapters or assemblies ofecclesiastical persons.
capitula coronae (b-pich-a-Id k<}-roh-nee). [Latin
"chapters of the Crown"] Hist. A more detailed
form of the articles ofthe eyre. See ARTICLES OF THE
EYRE.
capitula de judaeis (k<}-pich-d-Id dee joo-dee-is). [Latin
"chapters on the Jews"] His/. 1. Laws concerning the
Jews. 2. Questions posed by the justices in eyre to
determine the amount a Jew would pay to receive the
king's protection and a license to conduct business.
 The capitula de judaeis reflected the pervasive anti
Semitism ofmedieval England. Cf. ARTICLES OF THE
EYRE.
capitula itineris (b-pich-d-l<l I-tin-d-ris). [Law Latin
"chapters of the eyre"] See ARTICLES OF THE EYRE.
capitulary (b-pich-d-Ier-ee). [Latin "chapter or section
(of a codeY'll. Any orderly and systematic collection or
code oflaws. See CAPITULA (1), 2. Hist. A law or series
oflaws enacted by a Frankish king, esp. Charlemagne,
dealing esp. with ecclesiastical affairs. capitulation (kd-pich-d-lay-shdn), n. (16c) 1. The act of
surrendering or giving in. 2. Int'llaw. An agreement
to surrender a fortified place or a military or naval
force. A commander in control may generally make
such an agreement for the place or force. [Cases: War
and National Emergency (;::;:>9.) 3. Hist. An agreement
between a Christian state and a non-Christian one (such
as the Ottoman Empire) giving subjects of the former
certain privileges in the territory of the latter. 4. Hist.
International law. A special, usu. nonreciprocal, right
established by a treaty through which one nation could
exercise jurisdiction over its citizens and their property
within the territory ofanother nation . Capitulations
were a common feature of trade treaties in particular
because merchants often accumulated wealth in foreign
nations. Capitulations became disfavored before World
War I and were gradually abolished during the 20th
century. -capitulate, vb. capitulatory, adj.
CAPJ. abbr. See chief administrative patent judge under
JUDGE.
capper. L One who solicits business for an attorney.
See BARRATRY (1); RUNNER (2). 2. Slang. A person who
acts as a lure for others (as in a gambling or confidence
game). -Also termed (in sense 2) stool pigeon.
cap rate. See CAPITALIZATION RATE.
caprice (k;}-prees), n. 1. Arbitrary or unfounded motiva
tion. 2. The disposition to change one's mind impul
sively.
capricious (kd-prish-dS), adj. (17c) 1. (Of a person) char
acterized by or gUided by unpredictable or impulsive
behavior. 2. (Of a decree) contrary to the evidence or
established rules oflaw. Cf. ARBITRARY.
CAPTA. abbr. CHILD ABUSE PREVENTION AND TREAT
MENTACT.
captain-of-the-ship doctrine. In medical-malpractice
law, the doctrine imposing liability on a surgeon for
the actions of assistants who are under the surgeon's
control but who are employees of the hospital, not the
surgeon. [Cases: Health (;::;:>787.]
captain's mast. See MAST (1).
captation (kap-tay-sh;}n). Civil law. Coercion ofa testator
resulting in the substitution ofanother person's desires
for those ofthe testator . The term formerly applied to
the first stage of a trance. Cf. UNDUE INFLU
ENCE. [Cases: Wills
captator (kap-tay-tdr). Civil law. A person who obtains
or tries to obtain a gift or legacy through artifice. See
UNDUE INFLUENCE.
captio (kap-shee-oh). Hist. 1. An arrest ofa person, or a
seizure of a thing. 2. The holding of court.
caption_ (17c) L The introductory part of a court paper
stating the names ofthe parties, the name ofthe court,
the docket or file number, and a description of the
paper. Fed. R. Civ. P. lO(a). Cf. STYLE (1). [Cases: Federal
Civil Procedure Pleading (;::;:>4,43-46.]2. The
arrest or seizure a person by legal process. 3. See
HEADING.

captive, n. 1. A person who is unlawfully seized and
held by another. Cf. PRISONER. 2. PRISONER OF WAR.
3. An animal, esp. a wild one, that is caught and kept
confined.
captive-audience doctrine. 1. Constitutional law. The
principle that when the listener cannot, as a practical
matter, escape from intrusive speech, the speech can
be restricted. [Cases; Constitutional Law ~1502.]
2. Labor law. The rule that prohibits either party to a
union election from making a speech on company time
to a mass assembly ofemployees within 24 hours ofan
election. -Also termed captive-audience rule.
captive insurance. See INSURANCE.
captive insurance company. See INSURANCE COM
PANY.
captive insurer. See captive insurance company under
INSURANCE COMPANY.
captive law firm. See LAW FIRM.
capture. See RULE OF CAPTURE.
capture-and-hold rule. Oil & gas. For royalty-calcula
tion purposes, the doctrine that "production" occurs
when oil or gas is pumped to the surface and stored,
whether at the wellhead or elsewhere on the leased
property. Cf. MARKETABLE-PRODUCT RULE. [Cases:
Mines and Minerals ~79.1(1).]
caput (kap-~t), n. [Latin "head"] 1. Hist. A head, chief,
or principal person. 2. Roman law. A person. 3. Roman
law. A person's condition or status.
"A 'natural,' as opposed to an 'artificial,' person is such
a human being as is regarded by the law as capable of
rights or duties: in the language of Roman law as having a
'status.' , , , Besides possessing this general legal capacity,
or status, a man may also possess various special capaci
ties, such as the 'tria capita' of liberty, citizenship, and
family rights, A slave having, as such, neither rights nor
liabilities, had in Roman law, strictly speaking, no 'status,'
'caput,' or 'persona.' ... It must however be remembered
that the terms 'persona' and 'caput' were also used in
popular language as nearly equivalent to 'homo,' and in
this sense were applied to slaves as well as to freemen."
Thomas E, Holland, The Elements ofJurisprudence 80-81
(4th ed. 1888),
caput comitatus (kap-~t kom-~-tay-t~s), [Latin "head of
the county"] Hist. The head ofa county; a sheriff.
caput gerat lupinum (kap-;:)t jeer-;:)t 100-pI-n~m). [Latin
"let him bear the head of a wolf"] Hist. An outlawed
felon considered a pariah a lone wolf open to
attack by anyone. See OUTLAWRY.
"He who breaks the law has gone to war with the commu
nity; the community goes to war with him. It is the right
and duty of every man to pursue him, to ravage his land,
to burn his house, to hunt him down like a wild beast and
slay him; for a wild beast he is; not merely is he a 'friend
less man,' he is a wolf. , , . Caput gerat lupinum, , in these
words the court decreed outlawry," 2 Frederick Pollock &
Frederic W, Maitland, The History ofEnglish Law Before the
Time ofEdward 1449 (2d ed, 1899),
caput mortuum. Archaic. A matter or thing that is void
as to all persons and for all purposes.
carcanum (kahr-kay-n;:)m). "iron collar, pillory"]
Hist. A prison or workhouse. carcelage (kahr-s~-lij). [fro Latin carcer "prison"] Hist.
Prison fees.
career (kahr-s~r), n. [Latin "jail, prison"] Hist. A prison
or jail, esp. one used to detain rather than punish .
Career, as used in English law and Roman law, usu,
referred to a jail used as a place ofdetention during trial
or after sentence pending execution, rather than as a
place of punishment. The modern term incarceration
derives from this word.
cardinal-change doctrine. Contracts. The principle
that if the government makes a fundamental, unilat
eral change to a contract beyond the scope ofwhat was
originally contemplated, the other party (usu. a con
tractor) will be released from the obligation to continue
work under the contract.  A contractor's allegation
of cardinal change is essentially an assertion that the
government has breached the contract. [Cases: United
States (;.-=>73(17).]
cardo controversiae (kahr-doh kon-tr~-var-shee-ee).
[Law Latin] Hist. The hinge ofthe controversy; the main
point ofa controversy.
ca. reo See capias ad respondendum under CAPIAS.
care, n, (bef. 12c) 1. Serious attention; heed <written with
care>. 2. Under the law of negligence or ofobligations,
the conduct demanded ofa person in a given situation,
 Typically, this involves a person's giving attention
both to possible dangers, mistakes, and pitfalls and to
ways ofminimizing those risks <standard ofcare>. See
DEGREE OF CARE; REASONABLE PERSON. [Cases: Neg
ligence (::;:::'230,]
adequate care. See reasonable care.
due care. See reasonable care.
extraordinary care. See great care.
great care. (lSc) 1. The degree of care that a prudent
person eXercises in dealing with very important
personal affairs. 2. The degree of care exercised in
a given situation by someone in the business or pro
fession ofdealing with the situation. Also termed
extraordinary care; high degree ofcare; utmost care.
high degree ofcare. See great care.
highest degree ofcare. l. The degree of care exercised
commensurate with the danger involved. [Cases:
Negligence <:=230.] 2. See great care.
ordinary care. See reasonable care,
proper care. See reasonable care.
reasonable care. (17c) As a test of liability for negli
gence, the degree of care that a prudent and com


reasonable care. (17c) As a test of liability for negli
gence, the degree of care that a prudent and com
petent person engaged in the same line of business
or endeavor would exercise under similar circum
stances. -Also termed due care; ordinary care;
adequate care; proper care. See REASONABLE PERSON.
[Cases: Negligence ~233.]
slight care. (17c) The degree of care a person gives to
matters ofminor importance; the degree ofcare given
by a person oflimited accountability.
utmost care. See great care.

241
3. Family law. The provision ofphysical or psychologi
cal comfort to another. esp. an ailing spouse, child, or
parent.
career criminal. See RECIDIVIST.
career offender. See OFFENDER.
career vice-consul. See VICE-CONSUL.
caregiver. Family law. A person, usu. not a parent, who has
and exercises custodial responsibility for a child or for
an elderly or disabled person. Also termed caretaker;
custodian. See RESIDENTIAL RESPONSIBILITY. [Cases:
Child Custody ~44;Parent and Child C-~15.]
careless, adj. (bef. 12c) 1. (Of a person) not exercising
reasonable care. 2. (Ofan action or behavior) engaged
in without reasonable care. Cf. RECKLESS.
carelessness, n. (bef. 12c) 1. The fact, condition, or
instance ofa person's either not having done what he
or she ought to have done, or having done what he or
she ought not to have done; heedless inattention. 2. A
person's general disposition not to do something that
ought to be done.
"The word 'carelessness' as a synonym for negligence can
be committed by those who care deeply. A man may take
all the care of which he is capable, and yet be accounted
negligent for failing to reach the objective standard. He
may honestly ... believe that the facts are such that he is
not imperilling anyone; but he may be held to have been
negligent in arriving at that belief. An incompetent driver
may be convicted of driving 'without due care and atten
tion' even though he was doing his level best. The careless
person is the person who does not take the care he ought
to take: never mind whether he felt careful. He can be held
to be negligent in making a perfectly honest mistake." Glan
ville Williams, Textbook ofCriminal Law 44-45 (1978).
ca. resp. See capias ad respondendum under CAPIAS.
caretaker. See CAREGIVER.
caretaking functions. Family law. A parent's or care
giver's task that either involves interaction with a child
or directs others' interaction with a child . Some care
taking functions include feeding and bathing a child,
guiding the child in language and motor-skills devel
opment, caring for a sick child, disciplining the child,
being involved in the child's educational development,
and giving the child moral instruction and guidance.
Principles ofthe Law ofFamily Dissolution: Analysis
and Recommendations  2.03 (ALI, Tentative Draft No.
3, pt. I, 1998). Cf. PARENTING FUNCTIONS.
cargo. Goods transported by a vessel, airplane, or vehicle;
FREIGHT (1).
general cargo. Goods and materials ofvarious types
transported by carriers, often in a common load, with
few or no restrictions.
hazardous cargo. Dangerous goods or materials whose
carriage is usu. subject to stringent regulatory and
statutory restrictions.
cargo insurance. See INSURANCE.
carjacking. The forcible theft ofa vehicle from a motorist;
the unlawful commandeering of an automobile. 18
USCA  2119. Robbery ~1.] -carjack, vb. carriage paid to
carnal abuse. See sexual abuse (1) under ABUSE.
carnaHs copula. See SEXUAL RELATIONS (1).
carnal knowledge. (15c) Archaic. Sexual intercourse, esp.
with an underage female. Sometimes shortened to
knowledge. [Cases: Incest Rape ~7.]
"The ancient term for the act itself was 'carnal knowl
edge' and this is found in some of the recent cases and
statutes. The phrase 'sexual intercourse,' more common
today apart from legal literature, is also found in recent
cases and statutes. Either term, when the reference is to
rape, is sometimes coupled with the word 'ravish.' And
unlawful intercourse with a girl under the age of consent
is often characterized as 'carnal knowledge and abuse.'"
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 201 (3d
ed.1982).
carnet (kahr-nay). A customs document allowing an
item (esp. an automobile) to be exported temporarily
from one country into another country.
carriage. Transport offreight or passengers.
carriage and insurance paid to. A mercantile-contract
term allocating the rights and duties ofthe buyer and
the seller of goods with respect to delivery, payment,
and risk ofloss, whereby the seller must (1) clear the
goods for export, (2) pr~cure and pay for insurance
against the buyer's risk of damage while the goods are
in carriage, (3) deliver the goods to the buyer's chosen
carrier, and (4) bear the costs of carriage (apart from
import duties) to the named destination . When the
goods are delivered to the carrier, the seller's delivery
is complete; the risk ofloss then passes to the buyer.
Any mode of transportation can be used to carry the
goods. Abbr. CIP. Cf. CARRIAGE PAID TO.
Carriage ofGoods by Sea Act.lHaritime law. A 1936
federal statute regulating a carrier's liability for the loss
or damage, and sometimes the delay, of ocean cargo
shipped under a bill oflading. 46 USCA  1300-15.
 The Act defines many ofthe rights and responsibili
ties ofboth the issuers and the holders ofocean bills of
lading. Abbr. COGSA. [Cases: Shipping 103.]
"The Carriage of Goods by Sea Act (COGSA), the domestic
enactment of the international convention popularly
known as the Hague Rules, allocates the risk of loss for
cargo damage that occurs during ocean transportation
to or from the United States under contracts evidenced
by bills of lading and similar documents of title. It is the
central statute in commercial admiralty, governing over
$200 billion worth of American foreign commerce annually.
The other major maritime countries of the world have also
adopted the Hague Rules to govern their international
ocean commerce." Michael F. Sturley, The Fair Opportunity
Requirement Under COGSA Section 4(S): A Case Study in the
Misinterpretation ofthe Carriage ofGoods by Sea Act, 19 J.
Mar. L. & Com. 1, 1-2 (1988).
carriage paid to. A mercantile-contract term allocat
ing the rights and duties of the buyer and the seller
of goods with respect to delivery, payment, and risk
ofloss, whereby the seller must (1) clear the goods for
export, (2) deliver them to the buyer's chosen carrier,
and (3) pay the costs of carriage (apart from import
duties) to the named destination . When the goods are
delivered to the carrier, the seller's delivery is complete;
the risk of loss then passes to the buyer. Any mode of

242 carried interest
transportation can be used to carry the goods. -Abbr.
CPT. Cf. CARRIAGE AND INSURANCE PAID TO.
carried interest. See INTEREST (2).
carrier. 1. An individual or organization (such as a ship
owner, a railroad, or an airline) that contracts to trans
port passengers or goods for a fee. Cf. SHIPPER. [Cases:
Carriers (::=>3, 235.]
common carrier. (15c) A commercial enterprise that
holds itself out to the public as offering to transport
freight or passengers for a fee. A common carrier
is generally required by law to transport freight or
passengers or freight, without refusal, ifthe approved
fare or charge is paid. -Also termed public carrier.
[Cases: Carriers (::=>4.]
"[AJ 'common carrier' is bound to take all goods of the kind
which he usually carries, unless his conveyance is full, or
the goods be specially dangerous; but may charge differ
ent rates to different customers." Thomas E. Holland, The
Elements ofJurisprudence 299 (l3th ed. 1924).
marine carrier. A carrier operating on navigable waters
subject to the jurisdiction of the United States.
non-vessel-operating common carrier. Maritime law.
A freight forwarder that does not own the means of
transportation, but that contracts with a shipper to
transport freight, and with a carrier to perform the
transportation . The non-vessel-operating common
carrier becomes the carrier in the contract with the
original shipper, and the shipper in the contract with
the eventual carrier. See FREIGHT FORWARDER. -
Abbr. NVOCC. [Cases: Shipping (::=> 112.]
private carrier. (18c) Any carrier that is not a common
carrier by law . A private carrier is not bound to
accept business from the general public. -Also
termed contract carrier. [Cases: Automobiles (::=>76;
Carriers (::=>3.]
2. INSURER.
carrier's lien. See LIEN.
Carroll doctrine. The principle that a broadcast licensee
has standing to contest any grant of a competitive
license by the Federal Communications Commission
because the grant could lead to a diminution in broad
cast service by causing economic injury to an existing
licensee. Carroll Broadcasting Co. v. FCC, 258 F.2d
440 (D.C. Cir. 1958). [Cases: Telecommunications (::=>
mo.]
carry, vb. 1. To sustain the weight or burden of; to hold
or bear <more weight than a single person can carry>.
2. To conveyor transport <carrying the coal from one
state to another>. 3. To possess and convey (a firearm)
in a vehicle, including the locked glove compartment
or trunk ofa car <he carried the guns in his trunk> .
The United States Supreme Court adopted this defini
tion in interpreting the phrase carries a firearm as used
in a statute imposing a mandatory prison term on a
person who uses or carries a firearm while commit
ting a drug-trafficking crime. Muscarello v. U.S., 524
U.S. 125, 118 S.Ct. 1911 (1998). [Cases: Wills (::=>6.] 4.
In a figurative sense, to possess or hold (insurance, etc.) <the decedent did not carry life insurance>. 5. Parlia
mentary law. To adopt . In this sense, the verb may
be either intransitive <the motion carries> or transi
tive (in a passive construction) <the motion is carried>.
See ADOPTION (5). 6. To provide funds or credit for
the payment of (stock, etc.), often as an advance, for
an agreed-on period <the investor carried the stock
purchases for eight months>. 7. To absorb the cost of
holding or having, usu. temporarily <the business will
carry the debt for another quarter>.
carry away, vb. To take or move (stolen property, etc.).
 The traditional count for larceny was that the defen
dant "did steal, take, and carry away" the property.
A "carrying away" can be a slight movement of the
property. See ASPORTATION. [Cases: Larceny (::=> 17;
Robbery (::=> 10.]
carryback. (1942) Tax. An income-tax deduction (esp.
for a net operating loss) that cannot be taken entirely
in a given period but may be taken in an earlier period
(usu. the previous three years). -Also termed loss
carryback; tax-loss carryback. Cf. CARRYOVER. [Cases:
Internal Revenue (::=> 3438; Taxation (::=>3515.]
carryforward. See CARRYOVER.
carrying away. See ASPORTATION.
carrying back the date of invention. See ANTEDATING
OF A PRIOR-ART REFERENCE.
carrying charge. 1. A cost, in addition to interest, paid to
a creditor for carrying installment credit. 2. Expenses
incident to property ownership, such as taxes and
upkeep.
carrying cost. See COST (1).
carrying value. See BOOK VALUE (1).
carryover. (1925) Tax. An income-tax deduction (esp. for
a net operating loss) that cannot be taken entirely in a
given period but may be taken in a later period (usu. the
next five years). -Also termed loss carryover; tax-loss
carryover; carryforward; loss carryforward; tax-loss car
ryforward. Cf. CARRYBACK. [Cases: Internal Revenue
(::=>3438,3439; Taxation (::=>3515.]
carryover basis. See BASIS.
carta (kahr-t<}). [Latin] Rist. A charter, deed, or other
written instrument.
Carta de Foresta. See CHARTA DE FORESTA.
Carta Forestae. See CHARTA DE FORESTA.
Carta Mercatoria (kahr-t<} m<}r-b-tor-ee-<}). Rist.
An English statute (enacted in 1303) establishing
various rules that favored certain foreign merchants.
 In exchange for paying customs duties, merchants
received extensive trading rights throughout England,
the power to export their merchandise, the liberty to
dwell where they pleased, and certain legal rights.
Also termed Statutum de Nova Custuma.
cartbote. See plowbote under BOTE (1).
carte blanche (kahrt blahnsh). [French "blank card"]
1. A signed, blank instrument that is filled out at

an agent's discretion. 2. Full discretionary power;
unlimited authority.
cartel (kahr-tel), n. (17c) 1.