1. An agreement
between a government and a church, esp. the Roman
Catholic Church. [Cases: Religious Societies C=29.]
"The qual ification of a treaty as a concordat depends only
upon its object and purpose, not upon the name or outward
form chosen by the parties. Although the term originally
was also used for treaties between States. it has increas
ingly become restricted to only those treaties concluded
with the Holy See." Heribert Franz Kock, "Concordats," in 1
Encyclopedia of Public International Law 164 (1992).
2. Rist. Eccles. law. An agreement between ecclesiasti
cal persons concerning a benefice, such as a resignation
or promotion. See BENEFICE. 3. An agreement between
secular persons or entities.
concordatory (k;m-kor-d<l-tor-ee), adj. Of or relating
to a concordat, esp. one between church and state in
France.
Concordia discordantium canonum (kon-kor-dee-<l dis
kor-dan-shee-am k<l-nohn-<lm). [Latin "the harmony
of the discordant canons"] Rist. A collection of eccle
siastical authorities compiled by Gratian, an Italian
monk, ca. 1140. Gratian analyzed questions oflaw
by drawing conclusions from side-by-side compari
sons of a variety of texts. Later canonist scholarship
usu. proceeded from Gratian's work. Also termed
Decretum Gratiani; Decretum.
"Another body ofjurisprudence was coming into being.
From humble beginnings the canon law had grown into a
mighty system. Already it asserted its right to stand beside
or above the civil law. The civil law might be the law of
earth, ius soli; here was the law of heaven, ius poli. ...
Many men had been endeavouring to state that law, but the
fame of earlier labourers was eclipsed by that of Gratian.
A monk of Bologna, that city which was the centre of the
new secular jurisprudence, he published ... a book which
he called Concordia discordantium canonum, but which
was soon to become for all mankind simply the Decretum
Cratiani, or yet more simply the Decretum. It is a great
law-book. The spirit which animated its author was not that
of a theologian. not that of an ecclesiastical ruler, but that
of a lawyer .... The Decretum soon became an authorita
tive text-book and the canonist seldom went behind it....
The canonist had for it rather that reverence which English
lawyers have paid to Coke upon Littleton ...." 1 Frederick
Pollock & Frederic W. Maitland, The History ofEnglish Law
Before the Time ofEdward 1112-13 (2d ed. 1898).
concourse (kon-kors orkong-). Scots law. 1. The simulta
neous existence oftwo actions based on the same facts,
esp. a civil action and a criminal action; the concur
rence ofa public prosecutor in a private prosecution. 2. The concurrence ofthe public prosecutor to a criminal
prosecution by a private person.
"A private party may prosecute for the punishment of an
offence perpetrated against himself, and for which the
public prosecutor may refuse to prosecute at the public
expense; but the concourse of the public prosecutor IS nec
essary, and it cannot be refused; or if refused, the case may
proceed at the instance of the private party. Concourse is
distinguished from Instance. In the former case the public
prosecutor merely concurs or consents, whilst in the latter
case he is also a principal party prosecuting for the public
interest." Hugh Barclay, A Digest of the Law of Scotland
162 (3d ed. 1865).
3. A conflict among creditors or claimants. See CON
CURSUS (1).
concubinage (kon-kyoo-ba-nij), n. (14c) 1. The relation
ship of a man and woman who cohabit without the
benefit ofmarriage. [Cases: Marriage 22,40(4).]
2. The state of being a concubine. 3. Hist. A plea in
a dower action made by a defendant who asserts that
the plaintiff is the defendant's concubine rather than
wife.
"Concubinage, in common Acceptation is the Keeping of
a Whore or Concubine: But in a legal Sense, it is used as
an Exception against her that sueth for Dower, alledging
thereby that she was not a Wife lawfully married to the
Party, in whose Lands she seeks to be endowed, but his
Concubine." Giles Jacob, A New LawDictionar-y(8th ed.
1762).
concubinatus (kon-kyoo-bi-nay-tas), n. [Latin "con
cubinage"] Roman law. A permanent, monogamous
union of a man and a woman who are not legally
married. Concubinatus was not prohibited by law,
but carried fewer benefits than a legal marriage. Cf.
JUSTAE NUPTIAE.
"[C]oncubinage (concubinatus) ... was something to which
we have no precise analogue in modern law, for. so far from
being prohibited by the law. it was regulated thereby. being
treated as a lawful connexion. It is almost a sort of unequal
marriage (and is practically so described by some of the
jurists) existing between persons of different station the
man of superior rank. the woman ofa rank so much inferior
that it is not to be presumed that his union with her was
intended to be a marriage." James 8ryce, "Marriage and
Divorce under Roman and English Law," in 3 Select Essays
in Anglo-American Legal History 806-07 (1909).
concubine (kong-kY<l-bm). 1. Archaic. A woman who
cohabits with a man to whom she is not married . A
concubine is often considered a wife without title. A
concubine's status arises from the permanent cohab
itation of a man and a woman as husband and wife
although without the benefit ofmarriage. Cf. common
law wife under WIFE; COURTESAN. [Cases: Marriage
54(1).]2. Rist. Eccles. law. A secondary or inferior wife,
usu. in a polygamous marriage, who lacks the full rights
and privileges of the first wife . Although a concubine
was expected to serve all the functions of a legitimate
wife, she had no authority in the family or household,
and was denied certain legal protections. For instance,
her husband could easily disown she had no dower
rights, and her children could not inherit from their
father ifhe had children by his first wife. A concubine
was also barred from certain spiritual comforts, such
as churching after the birth of a child.

331
concubitor (bn-kyoo-bi-tohr), n. One who keeps a con
cubine.
concur (ko:ln-kar), vb. (15c) 1. To agree; to consent. 2. In
a judicial opinion, to agree with the judgment in the
case (usu. as expressed in the opinion ofanother judge),
or the opinion ofanother judge, but often for different
reasons or through a different line ofreasoning. 3. (Of
a house in a bicameral legislature) to accept an amend
ment passed by the other house.
"When a bill has been amended in the second house and
passed with the amendment, it is returned by that house to
the house of its origin with a message stating the facts and
requesting the house where the bill originated to concur
in the amendment," National Conference of State Legisla
tures, Mason's Manual of Legislative Procedure  766, at
553 (2000).
4. Civil law. To join with other claimants in presenting
a demand against an insolvent estate.
concurator (kon-or bn-kyuur-o:l-to:lr). Civil law. A joint
guardian or co-curator. See CURATOR.
concurrence. (15c) 1. Agreement; assent. 2. A vote cast
by a judge in favor of the judgment reached, often on
grounds differing from those expressed in the opinion
or opinions explaining the judgment. 3. A separate
written opinion explaining such a vote. -Also termed
(in sense 3) concurring opinion. [Cases: Courts C=108.]
4. Acceptance by one house in a bicameral legislature
ofan amendment passed by the other house.
concurrency, n. 1. Archaic. The quality or fact ofbeing
concurrent in jurisdiction; joint right or authority. 2.
Criminal procedure. An identical duration for two or
more criminal sentences assessed against the same
defendant.
concurrent, adj. (l4c) 1. Operating at the same time;
covering the same matters <concurrent interests>. 2.
Having authority on the same matters <concurrent
jurisdiction>. [Cases: Courts 489,510; Federal
Courts <::::=> 1131.]
concurrent cause. See CAUSE (1).
concurrent condition. See CO!'lDITIO!'l (2).
concurrent consideration. See CONSIDERATION (1).
concurrent covenant. See COVE!'lANT (1).
concurrent estate. See ESTATE (1).
concurrent finding. See FINDING OF FACT.
concurrent interest. See concurrent estate under ESTATE
(1 ).
concurrent jurisdiction. See JURISDICTION.
concurrent lease. See LEASE.
concurrent lien. See LIEN.
concurrent negligence. See NEGLIGENCE.
concurrent policy. See INSURANCE POLICY.
concurrent power. See POWER (3).
concurrent registration. Trademarks. The approved
recording of identical or similar marks by multiple
owners ifeach mark was commercially used before the condedit
owners applied for registration and the risk ofconsumer
confusion is slight.  The U.S. Patent and Trademark
Office may impose restrictions on each mark's use to
prevent consumer confusion. [Cases: Trademarks
1247,1288.]
concurrent remedy. See REMEDY.
concurrent representation. See REPRESE!'lTATIO!'l (2).
concurrent resolution. See RESOLUTION (1).
concurrent-sentence doctrine. (1969) The principle that
an appellate court affirming a conviction and sentence
need not hear a challenge to a conviction on another
count if the conviction on the other count carries a
sentence that is equal to or less than the affirmed con
viction. [Cases: Criminal Law C':::;) 1177.3(l).]
concurrent sentences. See SENTENCE.
concurrent tortfeasors. See TORTFEASOR.
concurrent writ. See WRIT.
concurring opinion. See CONCURRENCE (3).
concurso (kon-or ko:ln-kar-soh), n. [Latin lit. "to run
hither and thither"] Civil law. An action in which a
creditor seeks to enforce a claim against an insolvent
debtor.
concursus (kon-or k"n-kar-so:ls). [Latin "a running
together"] 1. Civil & Scots law. A proceeding in which
two or more creditors claim, usu. adversely to each
other, an interest in a fund or estate so that they can
sort out and adjudicate all the claims on the fund. See
CONCOURSE (3). 2. Civil law. INTERPLEADER. 3. Eccles.
law. An examination to determine a person's fitness
for parochial office.
concursus debit; et crediti (bn-kar-so:ls deb-i-tI et cred
i-U). [Law Latin] Scots law. A running together ofdebt
and credit. .1he phrase appears in reference to require
ments for supporting a plea ofcompensation.
"Concursus debiti et crediti .... This is necessary to found
a plea of compensation, for the parties must be debtor and
creditor, each in his own right and at the same time. Thus,
if A sue B for payment of a debt due by him, B may plead
in compensation a debt due to him by A, and here there is
the necessary concurrence. But, if the firm of which A is a
partner suing B for a debt due by him to them, be met by
the plea of compensation by B, on the ground of a private
debt due by A, the plea will not be sustained, for there is
no concursus; a company being regarded by the law as a
separate person." John Trayner, Trayner's Larin Maxims
88-89 (4th ed. 1894).
concursus in delicto (kon-or bn-br-s;Js in d"-lik-toh).
[Latin] Cooperation in crime.
concussio (ko:ln-bsh-ee-oh), n. [Latin] Roman law. The
offense ofextorting money or gifts by threat ofviolence.
 In modern civil-Jaw contexts, the term is often angli
cized to concussion. -concuss, vb.
concussionary. Archaic. A person who extorts from
others under guise of authority; one who practices
concussion.
condedit (ko:ln-dee-dit or -ded-it). [Latin "he made (a
will)"] Eccles. law. A defensive plea filed by a party in
response to an ecclesiastical- court libel (Le., complaint)

332 condemn
questioning the veracity ofa will or the competency of
the testator. -Also spelled condidit.
condemn, vb. (14c) 1. To judicially pronounce (someone)
guilty. 2. To determine and declare (property) to be
assigned to public use. See EMINENT DOMAIN. 3. To
adjudge (a building) as being unfit for habitation. 4.
To adjudge (food or drink) as being unfit for human
consumption. 5. Maritime law. To declare (a vessel) to
be forfeited to the government, to be a prize, or to be
unfit for service.
condemnation (kon-dem-nay-shan), n. (14c) 1. The act
ofjudicially pronouncing someone guilty; conviction.
2. The determination and declaration that certain
property (esp. land) is assigned to public use, subject
to reasonable compensation; the exercise of eminent
domain by a governmental entity. See EMINENT
DOMAIN.
excess condemnation. (1921) A taking ofland in excess


entity. See EMINENT
DOMAIN.
excess condemnation. (1921) A taking ofland in excess
ofthe boundaries ofthe public project as designed by
the condemnor. [Cases: Eminent Domain (;:::058.]
inverse condemnation. (1932) An action brought by a
property owner for compensation from a governmen
tal entity that has taken the owner's property without
bringing formal condemnation proceedings. Also
termed constructive condemnation; reverse condem
nation. [Cases: Eminent Domain
quick condemnation. (1918) The immediate taking of
possession of private property for public use, whereby
the estimated compensation is depOSited in court or
paid to the condemnee until the actual amount of
compensation can be established. -Also termed
quick-take. [Cases: Eminent Domain 188.)
3. An official pronouncement that a building is unfit
for habitation; the act of making such a pronounce
ment. 4. The official pronouncement that a thing (such
as food or drink) is unfit for use or consumption; the
act of making such a pronouncement. [Cases: Health
(;:::0392.]5. Maritime law. The declaration that a vessel
is forfeited to the government, is a prize, or is unfit for
service.
condemnation blight. 1. The reduction in value that the
property targeted for condemnation suffers in antici
pation of the taking. 2. The physical deterioration of
property targeted for condemnation in anticipation of
the taking. [Cases: Eminent Domain (;:::0 124.]
condemnation money. (18c) 1. Damages that a losing
party in a lawsuit is condemned to pay. 2. Compensa
tion paid by an expropriator ofland to the landowner
for taking the property.
condemnatory (kan-dem-n;}-tor-ee), adj. (16c) 1. Con
demning; expressing condemnation or censure. 2. Of
or relating to the use ofeminent domain or expropria
tion.
condemnee (kon-dem-nee). (1890) One whose property
is expropriated for public use or taken by a public
works project. condemnor (kon-dem-nor or bn-dem-nar). (1890) A
person or entity that expropriates property for public
use. Also spelled condemner (kan-dem-nar).
condensate. See DISTILLATE (1).
condescendence (kon-di-sen-d;mts), n. Scots law. A
statement of facts in a civil pleading, set out in consec
utively numbered paragraphs, that the claimant relies
on to justify the claim.
condictio (k;m-dik-shee-oh), n. [fro Latin condicere "to
demand back"] Roman & civil law. A personal action
in the nature of demanding something back; an action
ofdebt. -In the sense here used, debt must be under
stood broadly to cover not only contractual but also
quasi-contractual or tort claims. Condictio is usu.
founded on an obligation to give or do a certain thing
or service. -Also termed condiction; action ofdebt. Pl.
condictiones (kan-dik-shee-oh-neez). -condictitious,
condictious adj.
"Condiction was a form of legal procedure ... first applied
to the recovery of a loan of a definite sum of money, and
afterwards applied to a loan of other things ('fungibles')
where the return of the loan was required in quantity and
quality, but not the identical things; in fact, where the
borrower undertook to repay not thiS, but so much of the
article and quality received. When condiction was applied
to such things, it was said to be called triticaria ('relating to
wheat') from one of the most important subjects, but this
action (condictio triticaria) was afterwards extended so as
to include all cases where things certain, other than coined
money, were redemanded. In practice the term triticaria
was not used, or Justinian has cut it out." 2 Henry John
Roby, Roman Private Law 76 (1902).
"The principal actio stricti juris was the condictio, a general
term with many applications. It might be brought for a
certain sum of money (condictio certae pecuniae), or for
some other certain thing (condictio triticaria), or to assert
an illiquid claim (condictio incerti). The various forms of
condictio were also distinguished according to the cause
which gave rise to them, as condictio furtiva, condictio
indebiti, and others ...." R.W. Lee, The Elements of Roman
Law 435 (4th ed. 1956).
condictio causa data, causa non secuta (k,m-dik
shee-oh kaw-za day-ta, kaw-za non is-kyoo-t~). [Latin
"claim for recovery, consideration having been given
but consideration not having followed"] Roman &
civil law. An action for recovery ofmoney paid when
the consideration for the payment has not been fur
nished. The classic case in Scotland concerned an
advance payment for ship's engines: war broke out,
the engines were requisitioned but never supplied,
and the payment was held to be recoverable. PI. con
dictiones causa data, causa non secuta.
condictio cert; (bn-dik-shee-oh S3r-tr). [Latin "claim
for recovery of a certain sum or thing"] An action
based on a promise to do a thing, where the promise
is certain.
condictio ex causa furtiva (bn-dik-shee-oh eks
kaw-za f;}r-tJ-va). See condictia rei furtivae.
condictio ex lege (bn-dik-shee-oh eks lee-jee). [Latin
"claim for recovery under a statute"] An action arising
where a statute creates an obligation but provides no
remedy.

condictio furtiva (kcm-dik-shee-oh fdr-tI-vd). See con
dictio reifurtivae.
condictio incerti (kdn-dik-shee-oh in-Sdr-tI). [Latin
"claim for recovery of an uncertain amount"] An
action to recover an uncertain amount.
condictio indebiti (kan-dik-shee-oh in-deb-a-tr). [Latin
"claim for recovery of something not due"] An action
to prevent the unjust enrichment ofa defendant who
had received money or property from the plaintiff
by mistake. -Also termed actio condictio indebiti
(though strictly speaking this is a solecism).
condictio ob rem dati, re non secuta (kan-dik-shee-oh
ahb rem day-tI, ree non si-kyoo-t.:l). [Latin "personal
claim based on a transfer made for a purpose that
has failed"] Roman law. A condiction for something
handed over for a purpose that has failed, as for the
settlement ofa lawsuit when in fact the lawsuit has
nevertheless continued.
condictio ob turpem vel injustam causam (kan-dik
shee-oh ahb tdr-p.:lm vel in-jds-t.:lm kaw-z.:lm). [Latin
"personal claim based on an immoral or illegal cause"]
Roman law. A personal claim by an innocent party
to recover money or property paid for an immoral or
illegal purpose. -Sometimes shortened to condictio
ob turpem causam.
"The condictio ob turpem vel iniustCim CCiusam lay where the
payment or conveyance had been made for an immoral or
illegal purpose (e.g. to induce the recipient not to commit
a crime, or to return what he had borrowed and was
wrongfully refusing to return). But the plaintiff must not
be equally tainted by the 'turpitude,' as he would be, for
example, if the payment had been made to induce the
recipient to commit a crime." Barry Nicholas, An Introduc
tion to Roman Law 230 (1962).
condictio rei furtivae (k<'ln-dik-shee-oh ree-I f.:lr-tI
vee). [Latin "claim for recovery ofa stolen thing"] An
action to recover a stolen thing or its value ifthe thing
could not be returned. - A condictio rei furtivae could
be brought by an owner or pledgee against the thief
or the thief's heirs. -Also termed condictio furtiva;
condictio ex causa furtiva.
condictio sine causa (bn-dik-shee-oh sl-nee kaw-zd).
[Latin "claim for recovery of money or a thing given
without consideration"] An action for the recovery
ofproperty transferred without consideration and in
contemplation of a specific event that did not occur,
such as a dowry made in view of a marriage that does
not take place.
condictio triticaria (bn-dik-shee-oh trr-ti-kair-ee-.:l).
[Latin "claim for recovery of wheat"] An action for
the recovery of a specified quantity of a named com
modity.
condidit. See CONDEDIT.
condign justice. See JUSTICE (1).
conditio (kan-dish-ee-oh). [Latin] A condition.
conditio sine qua non. See SINE QUA NON.
conditio si sine liberis decesserit (k.:ln-dish-ee-oh 81
sl-nee lib-dr-is di-ses-dr-it). [Latin "the condition ifhe should have died childless"] Roman law. An express
or implied clause in a will providing that ifthe heir or
legatee dies childless, the property is to go to another
person, such as the testator's own descendants.
condition, n. (14c) 1. A future and uncertain event on
which the existence or extent of an obligation or lia
bility depends; an uncertain act or event that triggers
or negates a duty to render a promised performance.
-For example, ifJones promises to pay Smith $500
for repairing a car, Smith's failure to repair the car (an
implied or constructive condition) relieves Jones of the
promise to pay. [Cases: Contracts C=)218-227.]
"'Condition' is used in this Restatement to denote an event
which qualifies a duty under a contract. It is recognized that
'condition' is used with a wide variety of other meanings in
legal discourse. Sometimes it is used to denote an event
that limits or qualifies a transfer of property. In the law
of trusts, for example, it is used to denote an event such
as the death of the settlor that qualifies his disposition
of property in trust. Sometimes it is used to refer to a
term in an agreement that makes an event a condition, or
more broadly to refer to any term in an agreement (e.g.,
'standard conditions of sale'). For the sake of precision,
'condition' is not used here in these other senses." Restate
ment (Second) of Contracts  224. cmt. a (1981).
"Strictly, a condition is a fact or event on the occurrence
of which some legal right or duty comes into existence; a
party may promise that this fact is so, or that the event will
take place, but it is equally possible that no party to the
contract promises this. An insurance company promises to
pay 10,000 to an insured person if his house is destroyed
by fire; the destruction of the house by fire is a condition
of the insurer's promise to pay, but neither party promises
to burn the house." P.S. Atiyah, An Introduction to the Law
of Contract 146 (3d ed. 1981).
"Promises and the duties they generate can be either
unconditional (,I promise to pay you $100,000') or condi
tional ('I promise to pay you $100,000 if your house burns
down'). Lawyers use condition in several senses. Sometimes
they use it to refer to the term in the agreement that makes
the promise conditional. ... However, lawyers also use
condition to refer to an operative fact rather than to a term.
According to the Restatement Second a condition is 'an
event, not certain to occur, which must occur, unless occur
rence is excused, before performance under a contract
becomes due.' This use of the word has the support of
leading writers." E. Allan Farnsworth, Contracts  8.2, at
519-20 (3d ed. 1999).
2. A stipulation or prerequisite in a contract, will,
or other instrument, constituting the essence of the
instrument. _ If a court construes a contractual term
to be a condition, then its untruth or breach will entitle
the party to whom it is made to be discharged from all
liabilities under the contract. [Cases: Contracts
2l8-227; Wills C=>639-668.]
affirmative condition. See positive condition.
casual condition. Civil law. A condition that depends
on chance; one that is not within the power of either
party to an agreement.
collateral condition. A condition that requires the per
formance of an act haVing no relation to an agree
ment's main purpose.
compulsory condition. (1876) A condition expressly
requiring that a thing be done, such as a tenant's
paying rent on a certain day.

334 condition
concurrent condition. (1840) A condition that must
occur or be performed at the same time as another
condition, the performance by each party separately
operating as a condition precedent; a condition that
is mutually dependent on another, arising when the
parties to a contract agree to exchange performances
simultaneously. -Also termed condition concurrent.
[Cases: Contracts
"Conditions concunent are acts that the parties to a
contract are under duties of performing concurrently, the
act of each party being separately operative as a condition
precedent. The act is not concurrent with the legal relation
affected, but only with the act of the other party." William
R. Anson, Principles ofthe Law ofContract 412-13 (Arthur
L Corbin ed., 3d Am. ed. 1919).
condition implied by law. See constructive condition.
condition implied in law. See constructive condition.
condition precedent (pr<l-seed-;mt also pres-a-dant).
(1818) An act or event, other than a lapse oftime, that
must exist or occur before a duty to perform some
thing promised arises . Ifthe condition does not
occur and is not excused, the promised performance
need not be rendered. The most common condition
contemplated by this phrase is the immediate or


not excused, the promised performance
need not be rendered. The most common condition
contemplated by this phrase is the immediate or
unconditional duty of performance by a promisor.
[Cases: Contracts C=:c221.]
"Before one gets too confused by the precedent and sub
sequent classifications, it might be helpful to know that in
contract law there is no substantive difference between the
two.... However, in the area of pleading and procedure
significance may be placed upon the difference between
a condition precedent and subsequent in terms of who
has the burden of pleadi ng and proof, the party seeking
to enforce the promise usually being required to plead
and prove a condition precedent and the party seeking
to avoid liability for breach of promise sometimes being
required to plead and prove the occurrence of the condi
tion subsequent that would terminate his duty." Claude
Rohwer & Gordon D. Schaber, Contracts in a Nutshell 313
(4th ed. 1997).
condition subsequent. (1818) A condition that, if it
occurs, will bring something else to an end; an event
the existence of which, by agreement of the parties,
discharges a duty of performance that has arisen.
[Cases: Contracts C=>226.]
"If ... the deed or will uses such words as 'but if,' 'on
condition that,' 'provided, however,' or 'if, however,' it will
generally be assumed that a condition subsequent was
intended." Thomas F. Bergin & Paul G. Haskell, Preface to
Estates in Land and Future Interests 50 (2d ed. 1984).
constructive condition. A condition contained in an
essential contractual term that, though omitted by
the parties from their agreement, a court has supplied
as being reasonable in the circumstances; a condition
imposed by law to do justice. The cooperation of
the parties to a contract, for example, is a construc
tive condition. Also termed implied-in-law condi
tion; condition implied by law; condition implied in
law. Cf. implied-in-fact condition. [Cases: Contracts
~220.]
"[C]onstructive conditions are imposed by law to do
justice.... The dividing line between an express con
dition ... and constructive conditions is often quite indistinct. Yet, the distinction is often of crucial impor'
tance. The general rule governing an express condition is
that it must be strictly performed. The general rule as to
constructive conditions is that substantial compliance is
sufficient." John D. Calamari &Joseph M. Perillo, The Law
ofContracts  11.8, at 402 (4th ed. 1998).
copulative condition (kop-Y<l-l<l-tiv or -lay-tiv). A con
dition requiring the performance of more than one
act. Cf. disjunctive condition; single condition.
dependent condition. A mutual covenant that goes to
the consideration on both sides ofa contract
disjunctive condition. A condition requiring the per
formance ofone of several acts. Cf. copulative condi
tion; single condition.
dissolving condition. See resolutory condition.
express condition. (16c) 1. A condition that is the mani
fested intention ofthe parties. [Cases: Contracts
219.]
"[E]xpress conditions ... are conditions created through
the agreement of the parties. This is so whether the inten
tion to have the duty subject to a condition be manifested
in words, or through any other conduct or type of utter
ance." John Edward Murray Jr., Murray on Contracts  143,
at 290 (2d ed. 1974).
precondition. A stipulated act or event that must occur
before either party to a contract will be bound by the
contract; a prerequisite. [Cases: Contracts C=: 221.]
2. A condition that is explicitly stated in an instru
ment; esp., a contractual condition that the parties have
reduced to writing. [Cases: Contracts (;:::::>218.]
implied condition. (17c) A condition that is not
expressly mentioned, but is imputed by law from
the nature of the transaction or the conduct of the
parties to have been tacitly understood between them
as a part of the agreement. See constructive condi
tion; implied-in-fact condition. [Cases: Contracts
220.]
implied-iniact condition. A contractual condition that
the parties have implicitly agreed to by their conduct
or by the nature ofthe transaction. Cf. constructive
condition. [Cases: Contracts ~220.]
implied-in-law condition. See constructive condition.
inherent condition. A condition that is an intrinsic
part of an agreement; a condition that is not newly
imposed but is already present in an agreement.
lawful condition. A condition that can be fulfilled
without violating the law.
mixed condition. Civil law. A condition that depends
either on the will ofone party and the will of a third
person, or on the will of one party and the happening
ofa causal event.
negative condition. (17c) A condition forbidding a
party from doing a certain thing, such as prohibiting
a tenant from subletting leased property; a promise
not to do something, usu. as part of a larger agree
ment. See negative easement under EASEMENT.
Also termed restrictive condition.

335
positive condition. A condition that requires some act,
such as paying rent. Also termed affirmative con
dition.
potestative condition (poh-tes-td-tiV). Civil law. A
condition that will be fulfilled only if the obligated
party chooses to do so. _ Louisiana no longer uses
this term, instead providing that this type of condi
tion will render the obligation null. La. Civ. Code art.
1770. Cf. suspensive condition; resolutory condition.
[Cases: Contracts (;:::;, 10.]
preexisting condition. Insurance. A physical or mental
condition evident during the period before the effec
tive date of a medical-insurance policy. _ Typically,
coverage for later treatment for such a condition is
excluded if symptoms of the condition were present
during the period before the policy was effective.
[Cases: Insurance
promissory condition. A condition that is also a
promise.
"The distinction between a condition which is also a
promise, and a condition which is not the subject of a
promise, is often one of great difficulty and importance,
especially where the term is implied and not expressed,
and it is unfortunate that legal usage has sanctioned the
word 'condition' for two such different concepts. It would
at least be desirable if lawyers could be persuaded to refer
to conditions which are the subject of a promise as 'prom
issory conditions', a usage which it is proposed to adopt
here." P.S. Atiyah, An Introduction to the Law of Contract
147 (3d ed. 1981).
resolutory condition (rd-zol-y;Hor-ee). Civil law. A
condition that upon fulfillment terminates an already
enforceable obligation and entitles the parties to be
restored to their original positions. Also termed
resolutive condition; dissolving condition. Cf. potestat
ive condition.
restrictive condition. See negative condition.
single condition. A condition requiring the perfor
mance of a specified thing. Cf. copulative condition;
disjunctive condition.
suspensive condition. Civil law. A condition that makes
an obligation mandatory only if a specified but uncer
tain event occurs. Cf. potestative condition. [Cases:
Contracts
testamentary condition. A condition that must be sat
isfied before a made in a will becomes effective.
[Cases: Wills "r'~V.U-
triggering condition. A circumstance that must exist
before a legal doctrine applies; esp., in criminal law,
a circumstance that must exist before an actor will be
entitled to a justification defense.
unlawful condition. A condition that cannot be ful
filled without violating the law.
3. Loosely, a term, provision, or clause in a contract.
[Cases: Sales 85(1); Vendor and Purchaser
'This term condition is generally used to describe any fact,
subsequent to the formation of a contract, which operates
to make the duty of a promisor immediately active and
compelling. Such a fact may be described as such in a term
of the contract or it may not. In either event, the term of conditional fee agreement
the contract should not itself be called the condition . ...
It is not uncommon, popularly, to speak of a condition
of the contract as synonymous with term or provision of
the contract. This should be avoided." William R. Anson,
Principles of the Law ofContract 226 n.l (Arthur L. Corbin
ed., 3d Am. ed. 1919).
'The word 'condition' is used in the law of property as
well as in the law of contract and it is sometimes used in a
very loose sense as synonymous with 'term,' 'provision,'
or 'clause.' In such a sense it performs no useful service."
Id. at 409.
4. A qualification attached to the conveyance of
property providing that if a particular event does or
does not take place, the estate will be created, enlarged,
defeated, or transferred. 5. A state of being; an essential
quality or status. -condition, vb.
artificial condition. A physical characteristic of real
property, brought about by a person's affirmative act
instead ofby natural forces.
dangerous condition. (1850) 1. A property defect
creating a substantial risk of injury when the property
is used in a reasonably foreseeable manner. _ A dan
gerous condition may result in waiver of sovereign
immunity. [Cases: Automobiles Municipal
Corporations (;:::;,847; Negligence 1086.] 2. A
property risk that children, because oftheir immatu
rity, cannot appreciate or avoid. Cf. attractive nuisance
under NUISANCE. [Cases: Negligence (;:::;, 1016, 1067.]
conditional, adj. Subject to or dependent on a condition
<a conditional sale>.
conditional acceptance. See ACCEPTANCE (4).
conditional adjournment. See ADJOURNMENT.
conditional admissibility. See ADMISSIBILITY.
conditional assault. See ASSAULT,
conditional assignment. See ASSIGNMENT (2).
conditional bequest. See BEQUEST.
conditional contraband. See CONTRABAND.
conditional contract. See CONTRACT.
conditional conveyance. See CONVEYANCE.
conditional covenant. See COVENANT (1).
conditional creditor. See CREDITOR.
conditional delivery. See DELIVERY.
conditional devise. See DEVISE.
conditional divorce. See conversion divorce under
DIVORCE.
conditional duty. See DUTY (1).
conditional estate. See estate on condition under ESTATE
(1).
conditional fee. 1. Seefee simple conditional under FEE
SIMPLE. 2. See CONTINGENT FEE.
conditional fee agreement. English law. A contract
between a lawyer and a client that provides for the
lawyer to receive a fee only if the client wins the case.
 Unlike American contingent-fee arrangements, the
lawyer does not receive a percentage of the damages

awarded but instead charges the client a base fee plus
a success which is usu. calculated as a percentage
of up to 100% ofthe base fee. See success fee under HE
(1).
conditional guaranty. See GUARANTY.
conditional indorsement. See INDORSEMENT.
conditional judgment. See JUDGMENT.
conditional legacy. See LEGACY.
conditional limitation. See LIMITATION.
conditionally privileged communication. See COMMU
NICATION.
condition'al obligation. See OBLIGATION.
conditional pardon. See PARDON.
conditional payment. See PAYMENT.
conditional plea. See PLEA (1).
conditional presumption. See rebuttable presumption
under PRESUMPTION.
conditional privilege. See qualified privilege under PRIV
ILEGE (1).
conditional promise. See PROMISE.
conditional proof. See PROOF.
conditional purpose. (16c) 1. An intention to do some
thing, conditions permitting. 2. Criminal law. A
possible defense against a crime ifthe conditions make
committing the crime impossible (e.g., "I will steal the
money if it's there," and the money is not there).
conditional release. See RELEASE.
conditional revocation. See DEPENDENT RELATIVE
REVOCATION.
conditional right. See RIGHT.
conditional sale. See SALE.
conditional sales contract. See retail installment contract
under CONTRACT.
conditional sentence. See SENTENCE.
conditional use. See USE (1).
conditional-use permit. See SPECIAL-USE PERMIT.
conditional will. See WILL
conditional zoning. See ZONING.
condition concurrent. See concurrent condition under
CONDITION (2).
condition implied by law. See constructive condition
under CONDITION (2).
condition implied in law. See constructive condition
under CONDITION (2).
conditioning the market. See GUN-JUMPING.
condition ofemployment. (1875) A qualification or cir
cumstance required for obtaining or keeping a job.
condition precedent. See CONDITION (2).
conditions of sale. (16c) The terms under which an
auction will be conducted . The conditions of sale
are usu. placed in the auction room for public viewing before the sale. [Cases: Auctions and Auctioneers
7.]
condition subsequent. See CONDITION (2).
condominia (kon-d~-min-ee-~). Civil law. Coowner
ships or limited ownerships . Condominia are con
sidered part of the dominium ofthe property, and thus
are more than mere rights in the property (Le., jure
in re aliena); examples of condominia include emphy
teusis, superficies, pignus, hypotheca, usufructus, usus,
and habitatio.
condominium (kon-d;:)-min-ee-;:)m). (1962) 1. Owner
ship in common with others. 2. A Single real-estate
unit in a multi-unit development in which a person
has both separate ownership ofa unit and a common
interest, along with the development's other owners, in
the common areas. Cf. COOPERATIVE (2). PI. (for sense
2) condominiums. [Cases: Condominium
"The condominium concept is not new, despite its rela
tively recent introduction in the United States. Owner
ship of individual units in buildings can be traced back
to ancient Babyl


its rela
tively recent introduction in the United States. Owner
ship of individual units in buildings can be traced back
to ancient Babylon; it was quite common in ancient Rome
and in medieval Europe. The earliest condominium statute
is Article 664 of the Code Napoleon of 1804, a very brief
provision which was later substantially expanded. Condo
minium statutes were adopted in most nations in Europe,
and in Central and South America, before any were adopted
in the United States." Roger A, Cunningham et al.. The Law
of Property  2.2, at 34 n.26 (2d ed. 1993).
3. Joint sovereignty by two or more nations. 4. A politi
cally dependent territory under such sovereignty. PI.
condominia (senses 3 & 4).
condonation (kon-dd-nay-shdn), n. (17c) 1. A victim's
express or (esp.) implied forgiveness of an offense, esp.
by treating the offender as ifthere had been no offense.
 Condonation is not usu. a valid defense to a crime. 2.
One spouse's express or implied forgiveness of a marital
offense by resuming marital life and sexual intimacy.
 For example, one spouse might impliedly forgive the
other spouse's infidelity by continuing to live with him
or her. Ifadultery is charged as a ground for divorce and
condonation is proved, the forgiving spouse is barred
from proofofthat offense. Cf. COLLUSION (2); CONNIV~
ANCE (2); RECRIMINATION (1); RECONCILIATION. [Cases:
Divorce C:::>47.J
condone (bn-dohn), vb. To voluntarily pardon or
overlook (esp. an act ofadultery). -condonable (bn
dohn-~-b;:)l), adj.
conducere aliquidfaciendum (bn-d[y]oo-s;}-ree al-i
kwid fay-shee-en-dam). [Latin] Roman law. To bind
oneself to perform work for pay. Cf. LOCARE ALIQUID
FACIENDUM.
conducere aliquid utendum (kan-d[y]oo-sa-ree al-i-kwid
yoo-ten-dam). [Latin] Roman law. To pay for the use of
an object; to hire. Cf. LOCARE ALIQUID UTENDUM.
conduct, n. (1Sc) Personal behavior, whether by action
or inaction; the manner in which a person behaves .
Conduct does not include the actor's natural death or
a death that results from behavior consciously engaged
in but not reasonably expected to have this result.
conduct, vb.

337
"The word 'conduct' ... covers both acts and omissions....
In cases in which a man is able to show that his conduct,
whether in the form of action or of inaction, was invol
untary, he must not be held liable for any harmful result
produced by it ...." j.W. Cecil Turner, Kenny's Outlines of
Criminal Law 13 n.2, 24 (16th ed. 1952).
active conduct. Behavior that involves a person doing
something by exerting will on the external world. Cf.
passive conduct.
assertive conduct. (1968) Evidence. Nonverbal behavior
that is intended to be a statement. such as pointing
one's finger to identify a suspect in a police lineup. _
Assertive conduct is a statement under the hearsay
rule, and' thus it is not admissible unless a hearsay
exception applies. Fed. R. Evid. 801(a)(2). Also
termed implied assertion. [Cases: Criminal Law
419(2.10); Evidence (~314(I).1
contumacious conduct (kon-t[y]oo-may-shds). A
willful disobedience of a court order. See CONTU
MACY. [Cases: Contempt (''::::.20.]
disorderly conduct. (I7c) Behavior that tends to disturb
the public peace, offend public morals, or undermine
public safety. See BREACH OF THE PEACE. [Cases: Dis
orderly Conduct ('..r~ 103, 105.]
"At common law there was no offense known as disorderly
conduct, although the offense of breaching the peace made
many public disturbances criminal. In addition, this offense
could be based on behavior that might cause another to
respond in a violent manner even though the party gUilty
of the breach of the peace acted quietly or secretly, as when
a person challenged someone to a duel. The enactment
of statutes making disorderly conduct punishable went
beyond the commonlaw notion of a breach of the peace
by including behavior that merely tended to disturb the
safety, health, or morals of others or that was intended
only to annoy another. Further definitions were added
later." Francis Barry McCarthy, "Vagrancy and Disorderly
Conduct," in 4 Encyclopedia ofCrime and Justice 1589, 1589
(Sanford H. Kadish ed., 1983).
disruptive conduct. (1959) Disorderly conduct in the
context of a governmental proceeding. See CONTEMPT.
[Cases: Disorderly Conduct ~116.]
nonassertive conduct. (1965) Evidence. Nonverbal
behavior that is not intended to be a statement, such
as fainting while being questioned as a suspect by a
police officer. _ Nonassertive conduct is not a state
ment under the hearsay rule, and thus it is admissible.
Fed. R. Evid. 801. [Cases: Criminal LawC=A19(2.l0);
Evidence ~314(1).J
outrageous conduct. (I8c) Conduct so extreme that it
exceeds all reasonable bounds ofhuman See
EMOTIONAl. DISTRESS. [Cases: Damages
passive conduct. Behavior that does not involve exerting
will on the external world. Cf. active conduct.
tortious conduct. An act or omission that subjects the
actor to liability under the principles of tort law.
unduly dangerous conduct. See unreasonably danger
ous conduct.
unprofessional conduct. (1836) Behavior that is
immoral, unethical, or dishonorable, esp. when
judged by the standards of the actor's profession. confarreatio
unreasonably dangerous conduct. Conduct that
involves undue risk under the circumstances.
Sometimes shortened to dangerous conduct. Also
termed unduly dangerous conduct.
wrongful conduct. (1807) An act taken in violation ofa
legal duty; an act that unjustly infringes on another's
rights. -Also termed wrongful act. [Cases: Torts <>
107,218.]
conductio (kan-d;}k-shee-oh), n. [Latin "a hiring"] Roman
law. The hiring or leaSing of services or property. PI.
conductiones (bn-ddk-shee-oh-neez). See locatio con
ductio under LOCATIO.
conduct money. See witness fee under FEE (1).
conductor (kdn-d;}k-tdr or -tor), n. [Latin one who
hires"] Roman law. 1. A lessee or a person who hires the
services ofanother; a hirer. 2. A person hired to make a
specific work; a contractor. - A contractor, esp. for the
provision ofpublic services, was also called manceps or
redemptor. See MANCEPS; LOCATOR (1).
conductor operarum (bn-d;}k-tdr [or -tor] OP-d
rair-dm). [Latin "a hirer oflabor"] Roman law. A person
who hires another's labor, esp. manual labor, at a stated
price; an employer.
conductus (kdn-d<lk-tds), n. [fro Latin conducere "to hire"]
Roman law. A person or thing hired by a conductor.
conduit taxation. See pass-through taxation under
TAXATION.
confarreatio (kdn-far-ee-ay-shee-oh), n. [Latin] Roman
law. A religiOUS ceremony used to wed members ofthe
Patrician class in ancient Rome. -By this ceremony, the
wife was brought into the husband's family and placed
under the husband's protection (manus). See MANUS
(1). Cf. COEMPTIO; USUS (3). PI. confarreationes (kdn
far-ee-ay-shee-oh-neez).
"Anciently, there were three modes in which marriage
might be contracted according to Roman usage, one involv
ing a religious solemnity, the other two the observance of
certain secular formalities. By the religious marriage of
Confarreation; by the higher form of civil marriage, which
was called Coemption; and by the lower form, which was
termed Usus, the Husband acquired a number of rights
over the person and property of his wife, which were on
the whole in excess of such as are conferred on him in any
system of modern jurisprudence. But in what capacity did
he acquire them? Not as Husband, but as Father. By the
Confarreation, Coemption, and Usus, the woman passed in
manum viri, that is, in law she became the Daughter of her
husband. She was included in his Patria Potestas .... These
three ancient forms of marriage fell, however, gradually
into disuse, so that, at the most splendid period of Roman
greatness, they had almost entirely given place to a fashion
of wedlock -old apparently, but not hitherto considered
reputable -which was founded on a modification of the
lower form of civil marriage." Henry S. Maine, Ancient Law
149 (10th ed. 1884).
"Confarreatio was a religious ceremony performed in the
house of the bridegroom, to which the bride had been
conveyed in the state, in the presence of at least ten wit
nesses and the Pontifex Maximus, or one of the higher
priests. A set form ofwords (carmen verba concepta) was
repeated, and a sacred cake made of Far {faryeus panis}
whence the term Confarreatio -was either tasted by or
broken over the parties who sat during the performance

of various rites, side by side, on a wooden seat made of
an ox-yoke covered with the skin of the sheep which had
previously been offered in sacrifice." William Ramsay, A
Manual of Roman Antiquities 295 (Rodolfo Lanciani ed.,
15thed.1894).
confectio (k;m-fek-shee-oh), n. [Latin "a completing"]
Hist. The act of making or executing a written instru
ment. PI. confectiones (k;:m-fek-shee-oh-neez).
confederacy, n. (14c) 1. A league of states or countries
that have joined for mutual support or joint action; an
alliance. 2. An association oftwo or more persons, usu.
for unlawful purposes; CONSPIRACY. [Cases: Conspir
acy(;:=>1.1,2,23.1,24.] 3. The fact or condition ofbeing
allied or'associated.
confederacy clause. Archaic. A clause in a complaint
charging that the defendant or defendants have
combined with others (who may yet be named as defen
dants) to defraud or deprive the plaintiff of personal
rights.
confederate, n. An ally; esp., a coconspirator or accom
plice. [Cases: Conspiracy (;:=>39; Criminal Law
59.]
confederation. (15c) 1. A league or union of states or
nations, each of which retains its sovereignty but also
delegates some rights and powers to a central authority.
 The United States, for example, was first organized
under the Articles of Confederation. Cf. FEDERATION.
"A confederation is a union, more or less complete, oftwo
or more states which before were independent. It ai ms to
secure a common good, external, as mutual protection
against powerful neighbors, or internal, as commerce and
community ofjustice by means of common institutions."
Theodore D. Woolsey, Introduction to the Study ofInterna
tional Law  108, at 173 (5th ed. 1878),
confederation ofstates. A confederation involving a
central government that exists and exercises certain
powers but does not control all the external relations
of the member states . For international purposes
there exists not one but a number ofstates. Cf. federal
state under STATE,
2. An alliance; esp., in a negative sense, a conspiracy.
conferee (kon-fdr-ee). See MANAGER (2).
conference. 1. CONVENTION (3). 2. A meeting between
the two houses of a bicameral legislature. See confer
ence committee under COMMITTEE. [Cases: States C:::>
32; Statutes
"It is proper for either house to request a conference with
the other on any matter of difference or dispute between
them, When a conference is requested, the subject of the
conference should always be stated, One house may request
a conference to inquire or protest concerning an offense
or default on the part of a member or officer of the other
house. When there is a question concerning procedure, or
when an unparliamentary message has been sent. instead
of replying directly, a conference shOUld be requested.
When there are questions as to procedure between the
two houses, the proper procedure is to discuss the matter
by a conference committee; also, where one house desires
to formally present a question to the other, the question
should be submitted through a conference committee."
National Conference of State Legislatures, Mason's Manual
of Legislative Procedure  764, at 551 (2000). conference committee. See COMMITTEE.
Conference ofChieOnstices. An organization consist
ing of the highest judicial officers of all the states in
the United States, the District of Columbia, the Com
monwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, and the territories of
American Samoa, Guam, and the Virgin Islands .
Established in 1949, the organization seeks to improve
the administration ofjustice in various ways, as by sup
porting adequate judicial funding, promoting the inde
pendence and effectiveness of state judicial systems,
and advancing professionalism and lawyer competence.
Since 1983, the organization has operated as a nonprofit
corporation. -Abbr. cq.
confess, vb. To admit (an allegation) as


a nonprofit
corporation. -Abbr. cq.
confess, vb. To admit (an allegation) as true; to make a
confession. confessor, n.
confessed judgment. See CONFESSION OF JUDGMENT.
confessing error. A plea admitting to an assignment of
error. See ASSIGNMENT OF ERROR.
confessio in judicio (k.::ln-fesh-ee-oh in joo-dish-ee-oh).
[Latin "confession in court"] Hist. An in-court confes
sion.
confession, n. (14c) A criminal suspect's oral or written
acknowledgment ofguilt, often including details about
the crime. Cf. ADMISSION; STATEMENT (3). [Cases:
Criminal Law (;:=>516.]
"A confession is an acknowledgment in express words, by
the accused in a criminal case, of the truth of the main fact
charged or of some essential part of it." 3 John H. Wigmore,
Evidence in Trials at Common Law  821, at 308 Uames H.
Chadbourn ed., 4th rev, ed, 1970).
'The distinction between admissions in criminal cases
and confessions by the accused is the distinction in effect
between admissions of fact from which the gUilt of the
accused may be inferred by the jury and the express
admission of guilt itself." William p, Richardson, The Law
ofEvidence  394, at 268 (3d ed, 1928).
coerced-compliant confession. A confession by a
suspect who knows that he or she is innocent but
is overcome by fatigue, the questioner's tactics, or
a desire for some potential benefit. Also termed
coerced-compliant false confeSSion.
coerced confession. (1937) A confession that is obtained
by threats or force. [Cases: Criminal Law
522.]
direct confession. (17c) A statement in which an accused
person acknowledges haVing committed the crime.
extrajudicial confession. (1813) A confession made out
ofcourt, and not as a part of a judicial examination
or investigation . Such a confession must be cor
roborated by some other proof of the corpus delicti,
or else it is insufficient to warrant a conviction. Cf.
judicial confession.
implied confession. A confession in which the person
does not plead guilty but invokes the mercy of the
court and asks for a light sentence.
indirect confession. A confession that is inferred from
the defendant's conduct.

interlocking confessions. (1973) Confessions by two or
more suspects whose statements are substantially the
same and consistent concerning the elements of the
crime. [Cases: Criminal Law~528.]
involuntary confession. (1830) A confession induced
by the police or other law-enforcement authorities
who make promises to, coerce, or deceive the suspect.
[Cases: Criminal LawC='519-526.]
judicial confession. (16c) A plea ofguilty or some other
direct manifestation ofguilt in court or in a judicial
proceeding. C. extrajudicial confession.
naked confession. (I8c) A confession unsupported by
any evidence that a crime has been committed, and
therefore usu. highly suspect. [Cases: Criminal Law
oral confession. A confession that is not made in
writing. Oral confessions are admissible, though
as a practical matter police interrogators prefer to take
written or recorded confessions since juries typically
view these as being more reliable.
persuaded confession. A false confession by a suspect
who has no knowledge ofa crime but adopts a belief
in his or her guilt.
plenary confession (plee-n;}-ree or plen-;}). (1907) A
complete confession; one that is believed to be con
clusive against the person who made it.
relative confession. Hist. A confession ofgUilt coupled
with an accusation against another person as a par
ticipant in the crime . If the accusation against the
other person was proved, the accusing defendant was
pardoned. Ifnot, the defendant was convicted on the
confession. See State v. Willis, 41 A. 820, 825 (Conn.
1898). See APPROVER (1).
threshold confession. (1962) A spontaneous confession
made promptly after arrest and without interroga
tion by the police. The issue whether the defen
dant's statement is a threshold confession usu. arises
when the defendant challenges the admissibility of
the confession on grounds that he or she suffered an
impermissibly long delay before being brought before
a magistrate. Courts generally admit this type of
confession into evidence if the confession was given
before the delay occurred. [Cases: Criminal Law C='
519(3).]
voluntary confession. A confession given freely, without
any benefit or punishment promised, threatened, or
expected. [Cases: Criminal Law C='517.1(1), 519(1).]
confession and avoidance. (17c) A plea in which a defen
dant admits allegations but pleads additional facts that
deprive the admitted facts of an adverse legal effect.
For example, a plea ofcontributory negligence (before
the advent of comparative negligence) was a confes
sion and avoidance. -Also termed avoidance; plea in
confession and avoidance; plea ofconfession and avoid
ance. Cf. affirmative defense under DEFENSE (1). [Cases:
Federal Civil Procedure Pleading C::~130.] confession ofjudgment. (18c) 1. A person's agreeing to
the entry ofjudgment upon the occurrence or non
occurrence of an event, such as making a payment.
[Cases: Federal Civil Procedure (,'-:::2396; Judgment
C='29.] 2. A .judgment taken against a debtor by the
creditor, based on the debtor's written consent. [Cases:
Federal Civil Procedure C='2396: Judgment C='29-70.]
3. The paper on which the person so agrees, before it is
entered. -Also termed confessed judgment; cognovit
judgment; statement ofconfession; warrant ofconfession;
judgment by confession. See COGNOVIT. Cf. WARRANT
OF ATTORNEY.
confidence. (14c) 1. Assured expectation; firm trust; faith
<the partner has confidence in the associate's work>.
2. Reliance on another's discretion; a relation of trust
<she took her coworker into her confidence>. 3. A com
munication made in trust and not intended for public
disclosure; sped., a communication protected by the
attorney-client or similar privilege <the confidences
between lawyer and client>. Under the ABA Code of
Professional Responsibility, a lawyer cannot reveal a
client's confidence unless the client consents after full
disclosure. DR 4-101. Cf. SECRET (2). [Cases: Privileged
Communications and ConfidentialityC=' 16, 156.J
confide, vb.
confidence game. (1856) A means of obtaining money
or property whereby a person intentionally misrepre
sents facts to gain the victim's trust so that the victim
will transfer money or property to the person. Also
termed con game; con. Cf. BUNCO. [Cases: False Pre
tenses 16.]
confidence man. One who defrauds a victim by first
gaining the victim's confidence and then, through
trickery, obtaining money or property; a swindler .
The equivalent term confidence woman is exception
ally rare, even though women are often involved in
confidence games. Often shortened to con man. See
CONFIDENCE GAME. Cf. BUNCO-STEERER.
confidential, adj. 1. (Of information) meant to be kept
secret <confidential settlement terms>. 2. (Of a rela
tionship) characterized by trust and a willingness
to confide in the other <a confidential relationship
between attorney and client>.
confidential adoption. See closed adoption under
ADOPTION.
confidential communication. See COMMUNICATION.
confidentiality, n. (1834) 1. Secrecy; the state of having
the dissemination ofcertain information restricted.
2. 1he relation between lawyer and client or guardian
and ward, or between spouses, with regard to the trust
that is placed in the one by the other. [Cases: Privileged
Communications and Confidentiality 80, 156;
Records
confidentiality agreement. Trade secrets. A promise not
to disclose trade secrets or other proprietary informa
tion learned in the course of the parties' relationship.
 Confidentiality agreements are often required as a

340 confidentiality clause
condition of employment. Also termed nondisclo
sure agreement.
confidentiality clause. See CLAL'SE.
confidentiality statute. A law that seals adoption records
and prevents an adopted chi ld from learning the identity
ofhis or her biological parent and prevents the biologi
cal parent from learning the identity of the adoptive
parents. -Also termed sealed-record statute.
confidential marriage. See MARRIAGE (1).
confidential relationship. See RELATIONSHIP.
confidential source. A person who provides information
to a law-enforcement agency or to a journalist on the
express or implied guarantee of anonymity. -Confi
dentiality is protected both under the Federal Freedom
oflnformation Act (for disclosures to law enforcement)
and under the First Amendment (for disclosures to
journalists). [Cases: Privileged Communications and
Confidentiality (;:::>374,404; Records (;:::>60]
confinee. A person held in confinement.
confinement, n. (l6c) The act of imprisoning or
restraining someone; the state of being imprisoned or
restrained <solitary confinement>. See SOLITARY CON
FINEMENT. -confine, vb.
confirm, vb. 1. To give formal approval to <confirm the
bankruptcy plan>. [Cases: Bankruptcy (;:::>3566.1,
3683.1, 37l5(1).] 2. To verify or corroborate <confirm
that the order was signed>. 3. To make firm or certain
<the judgment confirmed the plaintiff's right to pos
session>.
confirmatio (kon-far-may-shee-oh). [Latin "confirma
tion"] Hist. A confirmation of a voidable estate. See
CONFIRMATION (3).
confirmatio crescens (kon- far-may-shee-oh kres-enz).
[Latin "growing confirmation"] A confirmation that
enlarges an estate.
confirmatio diminuens (kon-far-may-shee-oh di-min
yoo-enz). [Latin "diminishing confirmation"] A con
firmation that decreases the services that a tenant
must perform.
confirmatio perficiens (kon-far-may-shee-oh par-fish
ee-enz). [Latin "perfecting confirmation"] A confir
mation that ratifies a wrongful and defeasible title, or
makes a conditional estate absolute.
confirmatio ad omissa vel male appretiata (kon-far
may-shee-oh ad oh-mis-a vel mal-ee a-pree-shee-ay-ta).
[Law Latin] Scots law. Confirmation (by an executor)
of subjects omitted or wrongly valued in a previously
provided inventory.
Confirmatio Chartarum (kon-far-may-shee-oh kahr
tair-Jm). [Latin "confirmation of the charters") Hist. A
declaration first made by Henry III in ] 225 confirming
the guarantees of Magna Carta and the Charter ofthe
Forest. _ It was not enrolled until 1297, when, during
the reign ofEdward I, it was enacted, thus introducing
these charters into the common law. -Also spelled
Confirmatio Cartarum. "For lawyers, the really important date is neither 1215 nor
1225, when Henry's Charter took its final form, but 1297,
when Edward I, in his Inspeximus, confirmed the Charter of
1225 and the Forest Charter, which was issued at the same
time (Confirmatio Chartarum). The important element in
the Confirmatio is the statement that the Charter might be
pleaded in every royal court, either to support a claim or a
defense. The Charter becomes in this way part of the law
the Common Law which, in 1297, was already a definite
concept although it was not yet quite the equivalent of
the law of England. Until then, the political aspects of the
Charter had been much the more important." Max Radin,
Handbook ofAngloAmerican Legal History 156 (1936).
confirmation, n. (14c) 1. The act of giving formal
approval <Senate confirmation hearings>. [Cases:
United States 2. The act of verifying or cor
roborating; a statement that verifies or corroborates
<the journalist sought confirmation of the district
attorney's remarks>. 3. The act of ratifying a voidable
estate; a type ofconveyance in which a voidable estate
is made certain or a particular estate is increased <deed
of confirmation>. lCases: Deeds (;:::>51.] 4. Civil law.
A declaration that corrects a null provision of an obli
gation in order to make the provision enforceable. 5.
Commercial law. A bank's agreement to honor a letter
of credit issued by another bank. [Cases: Banks and
Banking 0=> 191.] Cf. RATIFICATION. -confirmatory
(kan-f~r-md-tor-ee), adj.
silent confirmation. A bank's confirmation ofa letter
ofcredit based on the request of the letter's benefi
ciary rather than the issuing bank. [Cases: Banks and
Banking (;:::> 191.]
confirmation of sale. A court's approval -usu. in the
form of a docket entry or order -of the terms of a
court-ordered sale. [Cases: Judicial Sales 0=>31.)
confirmation slip. The form verifying a purchase or
sale of a security, usu. mailed by the broker to the
investor. -Also termed transaction slip; sold note.
confirmat


u. mailed by the broker to the
investor. -Also termed transaction slip; sold note.
confirmatio perficiens. See CONFIRMATIO.
confirmavi (kon-far-may-vI). [Latin] Hist. I have con
firmed . The emphatic word in a deed of confirmation.
See CONFlRMATION (3).
confirmed letter ofcredit. See LETTER OF CREDIT.
confirmee (kon-far-mee). Hist. The grantee ofa deed of
confirmation. See CONFIRMATION (3).
confirmor (kan-far-mdf or -mor). Hist. The grantor ofa
deed ofconfirmation. See CONFlRMATION (3).
confiscable (kan-fis-kJ-bal or kon-fd-ska-bal), adj. (Of
property) liable to confiscation; subject to forfeiture
<confiscable contraband>. [Cases: Controlled Sub
stances 0=> 164; Forfeitures 0=>3.)
confiscare (kon-fi-skair-ee), vb. [Latin con "together"
+fiscus "treasury"] Hist. To seize (property) for the
government.
confiscate (kon-fa-skayt), vb. 1. To appropriate (property)
as forfeited to the government. 2. To seize (property)
by authority oflaw.
confiscation (kon-fi-skay-shdn), n. (16c) 1. Seizure of
property for the public treasury. 2. Seizure ofproperty

341
by actual or supposed authority. -confiscatory (k;m
fis-b-tor-ee), adj. -confiscator (kon-f<:l-skay-t<:lr), n.
confiscatory rate. See RATE.
confitens reus (kon-f<:l-tenz ree-<:ls). [Latin "confessing
accused"] Hist. An accused person who admits com
mitting the offense.
conflict. See CONFLICT OF LAWS.
conflict diamond. A diamond that originated in an area
controlled by forces or factions opposed to a legitimate,
internationally recognized government, and is used
to fund military action against that government .
Congress .enacted the Clean Diamond Trade Act in
2003 to stop trade in conflict diamonds. 19 USCA
 3901 et seq. -Also termed blood diamond.
conflicting evidence. See EVIDENCE.
conflicting presumption. See PRESUMPTION.
conflict ofauthority. (1822) 1. A disagreement between
two or more courts, often courts ofcoordinate jurisdic
tion, on a point oflaw. 2. A disagreement between two
or more treatise authors or other scholars, esp. in an
area in which scholarly authority is paramount, such
as public or private international law.
conflict ofinterest. (1843) 1. A real or seeming incompat
ibility between one's private interests and one's public
or fiduciary duties. 2. A real or seeming incompatibility
between the interests of two of a lawyer's clients, such
that the lawyer is disqualified from representing both
clients ifthe dual representation adversely affects either
client or if the clients do not consent. See Model Rules
of Prof'! Conduct 1.7(a). [Cases: Attorney and Client
C=>20, 113.]
thrust-upon conflict. A conflict of interest that arises
during an attorney's representation oftwo clients but
did not exist and was not reasonably foreseeable when
each client's representation began, and arises through
no fault of the attorney's . Some states may require
that the conflict be of a type that clients may waive
under the rules of professional responsibility. This
situation may create an exception to the hot-potato
rule. See HOT-POTATO RULE.
conflict oflaws. (1827) 1. A difference between the laws
ofdifferent states or countries in a case in which a trans
action or occurrence central to the case has a connec
tion to two or more jurisdictions. -Often shortened to
conflict. Cf. CHOICE OF LAW. [Cases: Action C=> 17.]
conflict ofpersonal laws. 1. A difference of laws
between a jurisdiction's general laws and the laws of
a racial or religious group, such as a conflict between
federal law and American Indian tribal law. 2. A dif
ference between personal laws. See PERSONAL LAW.
false conflict oflaws. l. A situation resembling but not
embodying an actual conflict because the potentially
applicable laws do not differ, because the laws' under
lying policies have the same objective, or because one
ofthe laws is not meant to apply to the case before the
court. 2. The situation in which, although a case has
a territorial connection to two or more states whose conformity hearing
laws conflict with one another, there is no real conflict
because one state has a dominant interest in having
its law chosen to govern the case -hence there is no
real conflict. 3. The situation in which the laws ofall
states that are relevant to the facts in dispute either
are the same or would produce the same decision in
the case. -Often shortened to false conflict.
2. The body ofjurisprudence that undertakes to recon
cile such differences or to decide what law is to govern
in these situations; the principles of choice of law.
Often shortened (in sense 2) to conflicts. -Also termed
(in international contexts) private international law;
international private law.
"The phrase [conflict of laws], although inadequate,
because it does not cover questions as to jurisdiction, or
as to the execution of foreign judgments, is better than any
other." Thomas E. Holland, The Elements ofJurisprudence
421 (13th ed. 1924).
conflict out, vb. (1981) To disqualify (a lawyer or judge)
on the basis ofa conflict ofinterest <the judge was con
flicted out of the case by his earlier representation of
one of the litigants>. [Cases: Attorney and Client
20-21.20; Judges C=>41-49.]
conflict preemption. See obstacle preemption under PRE
EMPTION.
conflicts. See CONFLICT OF LAW (2).
conformed copy. See COPY.
conforming, adj. (1956) Being in accordance with con
tractual obligations <conforming goods> <conform
ing conduct>. UCC  2-102(a)(8). [Cases: Sales C=> 153,
166(1).]
conforming use. See USE (1).
Conformity Act. Hist. An 1872 federal statute provid
ing that the practice and procedure in federal district
courts (other than in equity and admiralty matters)
must conform to the practice and procedure used by
the state courts for like cases . The Federal Rules of
Civil Procedure (effective in 1938) superseded the Con
formity Act.
"[Elven where there was conformity, it was to be 'as near
as may be,' and this was understood by the Court to make
the Conformity Act 'to some extent only directory and
advisory' and to permit the federal judge to disregard a
state practice that would, in his view, 'unwisely encumber
the administration of the law, or tend to defeat the ends of
justice.' With all these exceptions to conformity, and with
the judge left somewhat at large to decide when he would
conform, it is hardly surprising that the result was, in the
view of a distinguished commentator, 'a mixture of conflict
ing decisions, which have served to cloud the whole subject
in hideous confusion and shifting certainty.''' Charles Alan
Wright, The Law ofFederal Courts  61, at 425-26 (5th ed.
1994) (quoting Indianapolis & St. Louis Ry. Co. v. Horst, 93
U.s. 291, 300-01 (1876)).
conformity hearing. (1970) l. A court-ordered hearing
to determine whether the judgment or decree prepared
by the prevailing party conforms to the decision ofthe
court. 2. A hearing before a federal agency or depart
ment to determine whether a state-submitted plan
complies with the requirements of federal law . This

342 Confrontation Clause
type of hearing is common in cases involving social
services.
Confrontation Clause. (1913) The Sixth Amendment
provision generally guaranteeing a criminal defen
dant's right to confront an accusing witness face-to
face and to cross-examine that witness . This right
may be overridden if the witness is esp. vulnerable. as
with a child who is an alleged victim of sexual abuse.
Even then, the defendant's attorney must have an
opportunity to examine the witness while the defen
dant observes by means of closed-circuit television or
the like. See Maryland v. Craig, 497 U.S. 836, 110 S.Ct.
3157 (1990). [Cases: Criminal Law
confusio (bn-fyoo-zhee-oh), n. [fro Latin confundere "to
pour together"]!. Roman law. An inseparable mixture
of liquid property belonging to different owners. Cf.
COMMIXTIO. 2. Roman law. The extinction ofa right or
duty that occurs when the roles ofcreditor and debtor
become united in one person. 3. Scots law. A doctrine
whereby a lesser right is absorbed into a greater right
and is thus extinguished . For example, if a debtor
acquired the rights of a creditor, the debt would become
meaningless.
"When the rights of both creditor and debtor come to be
vested in the one person, in the same legal capacity, as by
succession, gift or purchase, the obligation is extinguished,
unless the creditor has an interest to maintain the obliga
tion in being or the intention appears that confusio was not
to operate. Obligations are not necessarily extinguished
confusione where there is a legal relationship, indepen
dent of the pecuniary interests thereof, capable of revival
by a subsequent separation of interests, as in the case of
superior and vassal, and dominant and servient tenements
in relation to servitude." 2 David M. Walker, Principles of
Scottish Private Law: Law ofObligations 170 (1988).
confusio bonorum (bn-fyoo-zhee-oh bd-nor-dm). See
CONFUSION OF GOODS.
confusion. 1. CONFUSION OF GOODS. 2. MERGER (9).
"Confusion is the intermingling of two or more pieces of
personal property so that the property rights in each can
no longer be distinguished. Thereafter, no specific iden
tification or separation of the formerly separate chattel
is possible. Such an intermingling occurs most often
with fungible goods like gas, oil, grain, mineral ore, or
unmarked timber." Barlow Burke, Personal Property in a
Nutshel/379 (2d ed. 1993).
3. Trademarks. A consumer's mistaken belief about the
origin of goods or services. See LIKELIHOOD-OF-CON
FUSION TEST. [Cases: Trademarks 1084.]
direct confusion. See forward confusion.
forward confusion. Confusion occurring when con
sumers are likely to believe mistakenly that the
infringing company's products are from the same
source as the trademark owner's . In forward-con
fusion cases, the infringing company is usu. smaller
than the owner. Thus, consumers may believe the
infringer to be an affiliate of the owner. -Also termed
direct confusion. [Cases: Trademarks C=> 1084.]
reverse confusion. Confusion occurring when consum
ers are likely to believe mistakenly usu. through
Widespread advertising and promotion by the infringing company -that the trademark owner's
products are actually those ofthe infringer . Reverse
confusion often injures the owner's reputation and
goodwill. In an action for reverse confusion, the
trademark owner is typically the smaller company.
[Cases: Trademarks C=> 1089.]
confusion ofboundaries. The branch of equity that deals
with the settlement of disputed or uncertain real-prop
erty boundaries. [Cases: Boundaries C-j 26.]
confusion of debts. See MERGER (9).
confusion of goods. (18c) The mixture of things of the
same nature but belonging to different owners so that
the identification of the things is no longer possible . If
this occurs by common consent ofthe owners, they are
owners in common, but ifthe mixture is done willfully
by one person alone, that person loses all right in the
property unless (1) the goods can be distinguished and
separated among owners, or (2) the mixing person's
goods are equal in value to the goods with which they
were intermingled. ConfUSion ofgoods combines the
civil-law concepts of confusio (a mixture ofliquids) and
commixtio (a mixture of dry items). -Also termed
intermixture ofgoods; confUSiO bonorum. [Cases: Con
fusion ofGoods Cr"::> 1-5.]
confusion ofrights. See MERGER (9).
confusion oftitles. Civil law. The merger oftwo titles to
the same land in the same person. Cf. MERGER (9).
con game. See CONFIDENCE GAME.
congeable (kon-jee-a-bal), adj. [fro French conge "permis
sion"] Hist. Lawful; permissible.
conge d'accorder (kawn-zhay da-kor-day). [Law French]
Hist. Leave to accord . Courts used this phrase in ficti
tious land-title lawsuits to grant the defendant permis
sion to agree with the plaintiffs allegations. See FINE
(1).
conge d'emparler (kawn-zhay dawm-pahr-Iay). [French]
Hist. Leave to imparl.  This phrase was formerly used
by a defendant to request leave of court for additional
time to file a responsive pleading. See IMPARLANCE.
congeries (kon-jeer-eez or kon-jd-reez). (17c) A collec
tion or aggregation <a congeries ofrights>.
conglomerate (k;m-glom-<'lr-it), n. (1967) A corporation
that owns unrelated enterprises in a wide variety of
industries. -Also termed conglomerate corporation.
[Cases: Corporations conglomerate (kdn
glom-d-ray


Also termed conglomerate corporation.
[Cases: Corporations conglomerate (kdn
glom-d-rayt), vb. conglomerate (kdn-glom-dr-it),
adj.
conglomerate merger. See MERGER.
congress, n. (l6c) 1. A formal meeting of delegates or
representatives; CONVENTION (4). 2. (cap.) The legisla
tive body of the federal government, created under u.s.
Const. art. I,  1 and consisting of the Senate and the
House of Representatives. [Cases: United States
7.] congressional, adj.
Congressional Budget Office. An office in the legisla
tive branch of the federal government responsible for

343 conjuration
forecasting economic trends, making cost estimates,
conducting special studies in budget-related areas, and
issuing annual reports that discuss federal spending
and revenue levels and the allocation of funds . Itwas
established by the Congressional Budget and Impound
ment Control Act of 1974. Abbr. CBO
congressional committee. See COMMITTEE.
congressional district. See DISTRICT.
Congressional Globe. A privately issued record of the
proceedings in Congress . The Globe was the sole
record ofcongressional speeches and statements from
1833 until ,the publicly printed Congressional Record
appeared in 1873. It contains the congressional debates
ofthe 23d through the 42d Congress,
congressional immunity. See IMMUNITY (1).
congressional intent. See LEGISLATIVE INTENT.
congressional power. See POWER (3).
Congressional Record. 'The official record of the daily
proceedings in the U.S. Senate and House of Repre
sentatives. Members ofCongress are allowed to edit
their speeches before printing, and they may insert
material never actually spoken by obtaining permis
sion from their respective houses to revise or extend
their remarks.
congressional-reference case. See CASE.
Congressional Research Service. A nonpartisan agency
in the Library of Congress that researches and analyzes
legislative issues for congreSSional committees and
individual members of Congress. Congress created
the agency in 1914 as the Legislative Reference Service.
It was renamed in 1970. Abbr. CRS.
congressional survey. See government survey under
SURVEY.
Congress ofAuthors and Artists. Copyright. A 19th
century convention of writers, artists, librarians, and
others promoting universal copyright protection . The
Congress, which met in 1858, 1861, and 1877, passed
resolutions that helped lay the groundwork for the
Berne Convention. See BERNE CONVENTION.
conjectio (bn-jek-shee-oh), vb. [Latin "an inference"]
Hist. A conclusion drawn from evidence; a fact inferred
from the evidence presented. PI. conjectiones (kdn-jek
shee-oh-neez).
conjectio causae (kdn-jek-shee-oh kaw-zee). [Latin
"putting together ofa cause"] Roman law. A summary
presentation of a case before the court by the parties
or their advocates.
conjectural choice, rule of. (1956) The principle that no
basis for recovery is presented when all theories ofcau
sation rest only on conjecture. See CONJECTURE. [Cases:
NegligenceG=:1694,1713.]
conjectura pietatis (kdn-jek-cha-ra pI-a-tay-tis). [Latin]
Hist. A conclusion arising from a natural duty.
conjecture (kan-jek-char), n. (14c) A guess; suppo
sition; surmise. [Cases: Criminal Law G=:486(2); Evidence C:=:'555.4(2).] conjecture (kdn-jek-char),
vb. -conjectural (kdn-jek-char-al), adj.
conjoint (bn-joynt), n. A person connected with
another in a joint interest, obligation, or undertaking,
such as a cotenant or spouse. conjoint, adj.
conjoint robbery. See ROBBERY.
conjoint will. See joint will under WILL.
conjudex (kon-joo-deks). [fro Latin con "together" +
judex"judge"] Hist. An associate judge.
conjugal (kon-ja-gal), ad). (16c) Of or relating to the
married state, often with an implied emphaSis on sexual
relations between spouses <the prisoner was allowed a
private bed for conjugal visits>. (Cases: Divorce
37(20); Husband and Wife
conjugal rights. (18c) The rights and privileges arising
from the marriage relationship, including the mutual
rights of companionship, support, and sexual relations .
 Loss of conjugal rights amounts to loss of consor
tium. See CONSORTIUM. [Cases: Divorce C:=:'37(20);
Husband and Wife C~;;;3(0.5).]
conjugal union. See MARRIAGE (1).
conjugal visit. An opportunity for physical contact
granted to a prisoner and the prisoner's spouse, usu.
in the form of an overnight stay at the prison. -Some
jurisdictions allow conjugal visits between unmarried
partners. [Cases: Prisons (;:::-.:> 143.]
conjugium (bn-joo-jee-.:nn), n. Latin con "together"
+ jugum "yoke"] Roman law. condition of being
married.
conjunct (k;m-j.mgkt or kon-jangkt), adj. Civil law. (Of
persons) so closely related to a person (such as an insol
vent) as to be disqualified from acting as a judge or
witness in a case involving that person.
conjuncta (k<"ln-jangk-ta). [Latin] Civil law. Things
(usu. words or phrases) that are joined together. Cf.
DISJUNCTA.
conjunctim (bn-j;mgk-tim), adv. [Latin] Roman law.
Conjointly. Heirs instituted conjunctim, for example,
became coheirs with equal shares. Cf. DISJUNCTIM.
conjunctim et divisim (kan-jangk-timet d;:J-vl-zim or
-sim). [Latin] Hist. TOintly and severally.
conjunctio animorum (bn-jangk-shee-oh an-a
mor-am). [Latin] Scots law. The mutual consent of
parties to a marriage.
conjunctive denial. See DENIAL.
conjunctive obligation. See OBLIGATION.
conjuratio (kon-juu-ray-shee-oh). [Latin] CONJURA
TION.
conjuration (kon-j<"l-ray-sh;m). Hist. 1. A plot or compact
made by persons who swear to each other to do some
thing that will result in public harm. 2. 'The offense of
attempting a conference with evil spirits to discover
some secret or effect some purpose; witchcraft;
sorcery.

344 conjurator
"Coniuration (coniuratio) is the very French word drawne
from the latine, which as it is compounded of (con & iuro)
so it signifieth a compact or plot, made by men combin
ing themselves together by oath or promise, to do some
publique harme. But in our common lawe, it is especially
used for such as have personali conference with the devil!
or evill spirit, to know any secret, or to effect any purpose.
And the difference that I have observed (how truly let those
judge that be beter skilled in these maters) betweene
coniuration and witchcraft, is because the one seemeth,
by prayers and invocation of Gods powerfull names, to
compell the devill, to say or doe what he commandeth him:
the other dealeth rather by a friendly and voluntarie confer
ence or agreement betweene him or her and the devill or
familiar, to have her or his desires and turnes served in lieu
of blood, or other gift offered unto him, especially of his or
her soule." John Cowell, The Interpreter (1607).
conjurator (kon-ja-ray-tar). Hist. A person who swears
an oath with others; a coconspirator.
con man. See CONFIDENCE MAN.
connecting factor. (1950) Conflict oflaws. A factual or
legal circumstance that helps determine the choice of
law by linking an action or individual with a state or
jurisdiction. -An example ofa connecting factor is a
party's domicile within a state. See POINT OF ATTACH
MENT. Action c'-::> 17.]
connecting-up doctrine. (1986) The rule allowing
evidence to be conditionally admitted if the offering
party promises to show relevance by addUcing other
evidence. [Cases: Criminal Law ~672;Federal Civil
Procedure ~2014; Trial ~5L]
connexity (kOJ-nek-sa-tee). Connectedness; the quality of
being connected. -In some states, connexity expresses
the relationship that must exist between a foreign party
(such as a corporation) and the state for a plaintiff to
maintain personal jurisdiction over the party; gener
ally, the claim must arise from a transaction connected
with the activities of the party in the state.
connivance (kOJ-nI-VClnts), n. (l6c) 1. 'The act of indulg
ing or ignoring another's wrongdoing, esp. when action
should be taken to prevent it. 2. Family law. As a defense
to divorce, one spouse's corrupt consent, express or
implied, to have the other commit adultery or some
other act ofsexual misconduct. -Consent is an essen
tial element of connivance. 'The complaining spouse
must have consented to the act complained of. [Cases:
Divorce Cf. COLLUSION (2); CONDONATION (2);
RECRIMINATION. connive (b-nIv), vb.
connive (kOJ-nIv), vb. 1. To knowingly overlook another's
wrongdoing. 2. Loosely, to conspire.
connubium. See CONUBIUM.
conqueror, n. [fro Law French conquerir "to acquire"]
Hist. 1. One who acquires territory by force during
war with the intention of exercising sovereignty. See
CONQUEST (1). 2. The first person who acquired land by
purchase; one who first brought an estate into a family.
See CONQUEST (2): PURCHASE (2).
conqueror, vb. [Latin] To complain. -Conqueror served
as a declaratory statement in petitions, often by intro
ducing the complaint: Conqueror quod . ... ("I complain
that ...."). conquest. 1. Int'llaw. An act offorce by which, during a
war, a belligerent occupies territory within an enemy
country with the intention ofextending its sovereignty
over that territory. -That intention is usu. explained
in a proclamation or some other legal act. 2. Hist. The
acquisition ofland by any method other than descent,
esp. by purchase. 3. Hist. The land so acquired. Cf.
PURCHASE (2).
"What we call purchase, perquisitio, the feudists called
conquest, conquaestus, or conquisitio: both denoting any
means of acquiring an estate out of the common course of
inheritance. And this is still the proper phrase in the law of
Scotland: as it was, among the Norman jurists, who stiled
the first purchasor (that is, he who first brought the estate
into the family which at present owns it) the conqueror or
conquereur. Which seems to be all that was meant by the
appellation which was given to William the Norman, when
his manner of ascending the throne of England was, in his
own and his successors' charters, and by the historians of
the times, entitled conquaestus, and himself conquaestor
or conquisitor; signifying, that he was the first of his family
who acquired the crown of England, and from whom
therefore all future claims by descent must be derived:
though now, from our disuse of the feodal sense of the
word, together with the reflection on his forcible method of
acquisition, we are apt to annex the idea of victorvto this
name of conquest or conquisition; a title which, however
just with regard to the crown, the conqueror never pre
tended with regard to the realm of England; nor, in fact,
ever had." 2 William Blackstone, Commentaries on the Laws
ofEngland 242-43 (1766).
conquet. See ACQUET (1).
conquisitio (kOJn-or kang-kwi-zish-ee-oh). [Latin
"search") See CONQUEST (2). Also termed con qui
sition.
conquisitor (bn-or kClng-kwiz-OJ-t<ir). [Latin "one who
searches"] See CONQUEROR (1).
consanguine brother. See BROTHER.
consanguineo. See COSINAGE.
consanguine sister. See SISTER.
consanguineus (kon-sang-gwin-ee-OJs), n. [Latin "related
by blood"] Hist. A person related to another by blood;
a consanguineous relative.
consanguineus frater (kon-sang-gwin-ee-OJs fray-t<ir).
[Latin "blood brother"] Hist. A half-brother by the
same father.
consanguineus uterinus (kon-sang-gwin-ee-OJs yoo-t<i
rI-nas). [Latin "blood relative by the uterus"] Hist. A
half-sibling by the same mother.
consanguinitas (kon-sang-gwin-a-tas), n. [Latin "rela
tionship by blood"] Roman law. The relationship
between siblings who have the same father.
consanguinity (kon-sang-gwin-OJ-tee), n. (I4c) The rela
tionship ofpersons ofthe same blood or origin. See pro
hibited degree under DEGREE. Cf. AFFINITY; AFFINITAS
AFFINITATIS. [Cases: Incest ~5;Marriage C-:::-lO.J
consanguineous, adj.
"In the mode of computing the degrees of consanguinity,
the civil law ... begins with the int


consanguineous, adj.
"In the mode of computing the degrees of consanguinity,
the civil law ... begins with the intestate, and descends
from that ancestor to the next heir, reckoning for each
person, as well in the ascending as descending lines.
According to this rule of computation, the father of the

intestate stands in the first degree, his brother in the
second, and his brother's children in the third. Or, the
grandfather stands in the second degree. the uncle in the
third. the cousins in the fourth, and so on in a series of
genealogical order. In the canon law. which is also the rule
of the common law, in tracing title by descent. the common
ancestor is the terminus a quo. The several degrees of
kinship are deduced from him. By this method. the brother
of A is related to him in the first degree instead of being in
the second ... for he is but one degree removed from the
common ancestor. The uncle is related to A in the second
degree, for though the uncle be but one degree from the
common ancestor, yet A is removed two degrees from the
grandfather. who is the common ancestor." 4 James Kent,
Commentaries on American Law *412 -13 (George Comstock
ed., 11thed. 1866).
collateral consanguinity. (l6c) The relationship
between persons who have the same ancestor but do
not descend or ascend from one another (for example,
uncle and nephew, cousins, etc.).
lineal consanguinity. The relationship between persons
who are directly descended or ascended from one
another (for example, mother and daughter, great
grandfather and grandson, etc.).
conscience. (Bc) 1. The moral sense of right or wrong;
esp., a moral sense applied to one's own judgment and
actions. 2. In law, the moral rule that requires justice
and honest dealings between people.
conscience clause. A legislative provision that allows a
person to claim an exemption from compliance, usu.
on religious-freedom grounds. [Cases: Constitutional
Law (;:::;, 1290.]
conscience of the court. (l7c) 1. The court's equitable
power to decide issues based on notions of fairness
and justice. See EQUITY (4). 2. A standard applied by
the court in deciding whether a party or a jury has
acted within acceptable limits. -Thus, in some cases,
a jury's award of damages is upset because it is said to
"shock the conscience ofthe court." See SHOCK THE
CONSCIENCE.
conscientia illaesa (kon-s[h]ee-en-shee-;) i-Jee-s;) or -za).
[Latin] Hist. An unviolated conscience; good faith.
conscientia rei alienae (kon-s[h]ee-en-shee-d ree-I ay
lee-ee-nee or al-ee-). [Law Latin] Scots law. The knowl
edge that property held by one person actually belongs
to another.
conscientious objector. A person who for moral or reli
gious reasons is opposed to participating in any war,
and who may be excused from military conscription
but remains subject to serving in civil work for the
nation's health, safety, or interest. See 50 USCA  456.
Cf. PACIFIST. [Cases: Armed Services (;:::;,20.6(3).]
conscionable (kon-sha-nd-bdl), adj. (16c) Conforming
with good conscience; just and reasonable <a conscio
nable bargain>. Cf. UNCONSCIONABLE. -consciona
bleness, conscionability, n.
conscious avoidance. See deliberate indifference under
INDIFFERENCE.
conscious-avoidance instruction. See willful-blindness
instruction under TURY INSTRUCTION. conscious indifference. See INDIFFERENCE.
consciously parallel. Antitrust. Of, relating to, or char
acterizing the conduct of a party who has knowledge
of a competitor's action (such as raising prices) and
who makes an independent decision to take the same
action. -In some cases this is viewed as evidence of a
conspiracy.
conscious parallelism. Antitrust. An act of two or
more businesses in a concentrated market intention
ally engaging in monopolistic conduct. Also termed
tacit collusion; oligopolistic price coordination.
conscious-presence test. A method for judging whether a
testator is in the presence ofa witness to a will, whereby
if the testator can sense the presence ofthe witness
even if the witness cannot be seen the witness is
present. Restatement (Third) of Property: Wills and
Other Donative Transfers  3.1. -Also termed con
scious presence. See PRESENCE-OF-THE-TESTATOR
RULE.
conscius fraudis (kon-s[hlee-ds fraw-dis). [Latin] See
PARTICEPS FRAUDIS.
conscription. See DRAFT (2).
consecratio capitis (kon-s;}-kray-shee-oh kap-i-tis).
[Latin "consecrating the body"] Roman law. The act of
declaring a wrongdoer an outlaw who could be killed on
Sight; the punishing ofcriminal behavior by relegating
an offender to the gods, i.e., leaving the person outside
divine and human protection. See SACER; OUTLAWRY.
consecutive sentences. See SENTENCE.
consecutive tortfeasors. See TORTFEASOR.
consensual (kJn-sen-shoo-Jl), adj. 1. Having, express
ing, or occurring with full consent <consensual rela
tions>. 2, Created or existing by mutual consent without
formalities such as a written document or ceremony
<consensual marriage>. Also termed consentaneous;
consentient.
consensual contract. See CONTRACT.
consensual crime. See victimless crime under CRIME.
consensual marriage. See MARRIAGE (1).
consensual search. See consent search under SEARCH.
consensus. A general agreement; collective opinion. See
general consent under CONSENT (2).
"The regular method for the chair to use is to ask the
members, 'Is it the consensus of this meeting that .. .
is agreed to?' or, 'Is it the will of the assembly that .. .
is agreed to?' or, 'Is there an objection?' Consensus has
been used successfully throughout the years by Quakers.
Indians, New England town meetings, and others as a
decisionmaking procedure. It permits compromise. In
small groups where less formality is required, it is a simple
method for making deCisions.
"General consent is an equivalent to consensus, when done
without objection. OtherWise, a formal vote must be taken."
Floyd M. Riddick & Miriam H. Butcher, Riddick's Rufes of
Procedure 56 (1985).
consensus ad idem (bn-sen-s;}s ad I-dem). [Latin] An
agreement of parties to the same thing; a meeting of

minds. Also termed consensus in idem; consensus in
idem, placitum et conventio.
"Agreement between the parties or consensus in idem is
the basis of contractual obligation ...." 2 David M. Walker,
Principles of Scottish Private Law 11 (4th ed. 1988).
consent, n. (14c) 1. Agreement, approval, or permission
as to some act or purpose, esp. given voluntarily by a
competent person; legally effective assent.  Consent
is an affirmative defense to assault, battery, and related
torts, as well as such torts as defamation, invasion of
privacy, conversion, and trespass. Consent may be a
defense to a crime if the victim has the capacity to
consent 'and if the consent negates an element of the
crime or thwarts the harm that the law seeks to prevent.
See Model Penal Code  2.11.
"The consent [to a contract] is none the less 'genuine' and
'real,' even though it be induced by fraud, mistake, or
duress. Consent may be induced by a mistaken hope of
gain or a mistaken estimate of value or by the lie of a third
person, and yet there is a contract and we do not doubt
the 'reality of the consent.' Fraud, mistake, and duress
are merely collateral operative facts that co-exist with the
expressions of consent and have a very important effect
upon the resulting legal relations." William R. Anson, Prin
ciples of the Law ofContract199 n.l (Arthur L. Corbin ed.,
3d Am. ed. 1919).
blank consent. See BLANK CONSENT.
express consent. (16c) Consent that is clearly and
unmistakably stated.
implied consent. (17c) 1. Consent inferred from
one's conduct rather than from one's direct expres
sion. Also termed implied permission. 2. Consent
imputed as a result of circumstances that arise, as
when a surgeon removing a gall bladder discovers
and removes colon cancer.
informed consent. (1938) 1. A person's agreement to
allow something to happen, made with full knowl
edge of the risks involved and the alternatives . For
the legal profession, informed consent is defined
in .'vlodel Rule of Professional Conduct l.O(e). 2. A
patient's knowing choice about a medical treatment or
procedure, made after a physician or other healthcare
provider discloses whatever information a reasonably
prudent provider in the medical community would
give to a patient regarding the risks involved in the
proposed treatment or procedure. -Also termed
knOWing consent. Health C~)906.1
knowing consent. See informed consent.
parental consent. Consent given on a minor's behalfby
at least one parent, or a legal guardian, or by another
person properly authorized to act for the minor,
for the minor to engage in or submit to a specified
activity.
voluntary consent. Consent that is given freely and that
has not been coerced.
2. Parliamentary law. ADOPTION (5). consent, vb.
consensual, adj. general consent. 1. Adoption without objection, regard
less ofwhether every voter affirmatively approves. 2.
See unanimous consent (1).
unanimous consent. 1. Adoption with every voter's
approval. 2. See general consent (1). The terms
"general consent" and "unanimous consent" have
distinct but interchangeable meanings. Some parlia
mentary manuals treat them as synonymous; others
distinguish them; and still others distinguish them,
but in exactly the opposite way.
"Motions that appear to have no opposition because they
are relatively unimportant, uncontroversial, or because
approval is obViOUS, permit the chair to say, 'The motion,
without objection, is adopted' (or agreed to), without
putting the motion to a formal vote. General consent
implies that no one cared enough to oppose the motion
or propOSition. Unanimous consent implies that everyone
was in agreement. If there is even one objection, the
request is denied and the question must be put to a vote
for adoption." Floyd M. Riddick & Miriam H. Butcher, Rid
dick's Rules ofProcedure 97 (1985).
'''Unanimous consent' does not necessarily imply that
every member is in favor of the proposed action; it may
only mean that the opposition, feeling that it is useless to
oppose or discuss the matter, simply acquiesces." Henry
M. Robert, Robert's Rules of Order Newly Revised  4, at
52 (10th ed. 2001).
consent agenda. See consent calendar under CALENDAR
(4).
consentaneous, adj. See CONSENSUAL.
consent calendar. 1. Family law. A schedule of informal
hearings involving a child, usu. arranged when it
appears that the child's best interests will be served if
the case is heard informally . The child and all inter
ested parties must first consent before the case goes
on the consent calendar. [Cases: Infants C:::c203.] 2.
For the parliamentary sense relating to a delibera
tive assembly's business, see consent calendar under
CALENDAR (4).
consent clause. See AUTHORIZATION CLAUSE.
consent decree. See DECREE.
consent dividend. See DIVIDEND.
consentient, adj. See CONSENSUAL.
consent judgment. See agreed judgment under
JUDGMENT.
consent jurisdiction. See JURISDICTION.
consent order. See consent decree under DECREE.
consent search. See SEARCH.
consent to be sued. (1872) Agreement in advance to be
sued in a particular forum. See COGNOVIT CLAUSE.
[Cases: Corporations C:=:'662; States 191; United
States C:=:' 125.]
consent to notice. (1996) A provision stating that notice
required by a document may be given beforehand or to
a designated person.
consequential contempt. See CONTEMPT.
consequential damages. See DAMAGES.
consequential economic loss. See ECONOMIC LOSS.

consequential injury. See consequential loss under
LOSS.
consequentialism. Ethics. An ethical theory that judges
the rightness or wrongness of actions according to their
consequences . One of the best-known types of con
sequentialism is utilitarianism. See UTILITARIANISM.
Cf. VIRTUE ETHICS.
consequential loss. See LOSS.
conservation. Environmental law. The supervision,
management, and maintenance of natural resources;
the protection, improvement, and use of natural
resources in a way that ensures the highest social as
well as economic benefits. [Cases: Environmental Law
conservation easement. See EASEMENT.
conservation restriction. See conservation easement
under EASEMENT.
conservation servitude. See conservation easement
under EASEMENT.
conservator (kan-sar-va-tar orkon-sar-vay-t;>r), n. (15c)
A guardian, protector, or preserver.  Conservator is
the modern equivalent of the common-law guardian.
Judicial appointment and supervision are still required,
but a conservator has far more flexible authority than
a guardian, including the same investment powers
that a trustee enjoys. The Uniform Probate Code uses
the term conservator, and Article 5 is representative of
modern conservatorship laws. [Cases: Guardian and
Ward 10.] conservatorship, n.
managing conservator. (1974) 1. A