C

 C:D-CONNECT:Direct

 Canon law-The law of the Christian Church. Has little or no legal effect today. Canon
law refers to that body of law which has been set by the Christian Church and which, in
virtually all places, is not binding upon citizens and has virtually no recognition in the
judicial system. Some citizens resort to canon law, however, for procedures such as
marriage annulments to allow for a Christian church marriage where one of the parties
has been previously divorced. Many church goers and church officers abide by rulings
and doctrines of canon law. Also known as "ecclesiastical law."

 Capital punishment-The most severe of all sentences: that of death. Also known as the
death penalty, capital punishment has been banned in many coutries. In the United States,
an earlier move to eliminate capital punishment has now been reversed and more and
more states are resorting to capital punishment for serious offenses such as murder

 Case law-The entire collection of published legal decisions of the courts which, because
of stare decisis, contributes a large part of the legal rules which apply in modern society.
If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to
be found in "case law". In other words, the rule is not in the statute books but can be
found as a principle of law established by a judge in some recorded case. The word
jurisprudence has become synonymous for case law

 Catastrophic Law-the area of law dealing with serious personal injury (see personal
injury).

 Caveat-Latin: let him beware. A formal warning. Caveat emptor means let the buyer
beware or that the buyers should examine and check for themselves things which they
intend to purchase and that they cannot later hold the vendor responsible for the broken
condition of the thing bought.

 CCA-Consumer Credit Agencies

 CCD+-Cash Concentration and Disbursement "Plus"

 CCPA-Consumer Credit Protection Act

 CEJ-Continuing Exclusive Jurisdiction to modify a support order

 Certiorari-A writ of certiorari is a form of judicial review whereby a court is asked to

consider a legal decision of an administrative tribunal, judicial office or organization (eg.
government) and to decide if the decision has been regular and complete or if there has
been an error of law. For example, a certiorari may be used to wipe out a decision of an
administrative tribunal which was made in violation of the rules of natural justice, such as
a failure to give the person affected by the decision an opportunity to be heard.

 Cestui que trust or cestui que use-The formal Latin word for the beneficiary or donee
of a trust

 Ceteris paribus-Latin" all things being equal or unchanged.

 Champerty-When a person agrees to finance someone else's lawsuit in exchange for a
portion of the judicial award.

 Chaste-A person who has never voluntarily had sexual intercourse outside of marriage
such as unmarried virgins.

 Chattel-Moveable items of property which are neither land nor permanently attached to
land or a building, either directly or vicariously through attachment to real property. A
piano is chattel but an apartment building, a tree or a concrete building foundation are
not. The opposite of chattel is real property which includes lands or buildings. All
property which is not real property is said to be chattel. "Personal property" or
"personalty" are other words sometines used to describe the concept of chattel. The word
"chattel" came from the feudal era when "cattle" was the most valuable property besides
land.

 Chattel mortgage-When an interest is given on moveable property other than real

property (in which case it is usually a "mortgage"), in writing, to guarantee the payment
of a debt or the execution of some action. It automatically becomes void when the debt is
paid or the action is executed.

 Check or cheque-A form of bill of exchange where the order to pay is given to a bank
which is holding the payor's money.

 Chose in action-A right of property in intangible things or which are not in one's
possession, enforceable through legal or court action . Examples may include salaries,
debts, insurance claims, shares in companies and pensions.

 Circumstantial evidence-Evidence which may allow a judge or jury to deduce a certain

fact from other facts which have been proven. In some cases, there can be some evidence
that can not be proven directly, such as with an eye-witness. And yet that evidence may
be essential to prove a case. In these cases, the lawyer will provide the judge or juror with
evidence of the circumstances from which a juror or judge can logically deduct, or
reasonably infer, the fact that cannot be proven directly; it is proven by the evidence of
the circumstances; hence, "circumstantial" evidence. Fingerprints are an example of
circumstantial evidence: while there may be no witness to a person's presence in a certain
place, or contact with a certain object, the scientific evidence of someone's fingerprints is
persuasive proof of a person's presence or contact with an object

 Citation-An order of a court to either do a certain thing or to appear before it to answer

charges. The citation is typically used for lesser offences (such as traffic violations)
because it relies on the good faith of the defendant to appear as requested, as opposed to
an arrest or bail. The penalty for failing to obey a citation is often a warrant for the arrest
of the defendant.

 Civil Law-dealing with all areas of the law that are not classified as criminal.

 Civil Rights-the area of law protecting those rights guaranteed by the Bill of Rights, the
13th and 14th Amendments to the Constitution, including the right to due process, equal
treatment under the law of all people regarding enjoyment of life, liberty, property, and
protection.
 Clandestine-Something that is purposely kept from the view or knowledge of others
either in violation of the law or to conduct or conceal some illegal purpose. A
"clandestine marriage" would be one which does not comply with laws related to
publicity.

 Class Action-an action or actions in which a representative plaintiff sues or a

representative defendant is sued on behalf of a class (group) of plaintiffs or defendants
who have the same interests in the litigation as their representative and whose rights or
liabilities can be more efficiently determined as a group than in a series of individual
suits.

 Clayton's Case-An English case which established a presumption that monies withdrawn
from a money account are presumed to be debits from those monies first deposited. First
in, first out. The proper citation is Devaynes v. Noble (1816) 1 Mer. 572) and the
presumption is not applicable to fiduciaries, who are presumed to withdraw their won
money first, and not trust money.

 Clean hands-A maxim of the law to the effect that any person, individual or corporate,
that wishes to ask or petition a court for judicial action, must be in a position free of fraud
or other unfair conduct.

 Client-solicitor privilege-A right that belongs to the client of a lawyer that the latter
keep any information or words spoken to him during the provision of the legal services to
that client, strictly confidential. This includes being shielded from testimony before a
court of law. The client may, expressly or impliedly, waive the privilege and,
exceptionally, it may also be waived by the lawyer if the disclosure of the information
may prevent a serious crime.

 Codicil-An amendment to an existing will. Does not mean that the will is totally
changed; just to the extent of the codicil.

 Collaborative Law-Collaborative Law is a name given to an attitude toward resolving

legal disputes and the policies and practices that put that attitude into action. You won't
find collaborative law in the statutes or administrative regulations but you will find it in
the professionalism and integrity of those who practice law. The basic attitude marking
collaborative law is of solving the problem, not fighting the fight. Simply stated, it is
treating the process as a way to "trouble shoot and problem solve" rather than to fight and
win. Some people look upon the civil justice system as a place to resolve a dispute they
have with another. Collaborative law is what they're looking for.

 Collateral-Property which has been committed to guarantee a loan.

 Collateral descendant-A descendant that is not direct, such as a niece or a cousin.

 Collateral source rule-A rule of tort law which holds that the tortfeasor is not allowed to
deduct from the amount he or she would be held to pay to the victim of the tort, any
goods, services or money received by that victim from other "collateral" sources as a
result of the tort (eg. insurance benefits).
 Collections-the area of law that gives assistance to creditors in pursuing their debtors.

 Collusion-A secret agreement between two or more persons, who seem to have
conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a
third party. For example, if the partners in a marriage agree to lie about the duration of
their separation in order to secure a divorce.

 Commercial Law-the legal rules and principles bearing on commercial transactions and
business organizations. This area of the law is often times governed by the Uniform
Commercial Code.

 Commercial Litigation-the area of law that provides assistance in the preparation and
presentation of a lawsuit or other resort to the courts to determine a legal question or
matter in "commercial" situations. Commercial law involves the legal rules and principles
bearing on commercial transactions and business organizations. This area of the law is
often times governed by the Uniform Commercial Code.

 Commission-A formal group of experts brought together on a regular or ad hoc basis to

debate matters within that sphere of expertise, and with regulatory or quasi-judicial
powers such as the ability to license activity in the sphere of activity or to sub poena
witnesses. Commissions usually also have advisory powers to government. The
organizational form of a commission is often resorted to by governments to exhaustively
investigate a matter of national concern, and is often known as a "commission of
inquiry." This legal structure can be contrasted with a council, the latter not enjoying
quasi-judicial or regulatory powers.

 Committee-A term of parliamentary law which refers to a body of one or more persons
appointed by a larger assembly or society, to consider, investigate and/or take action on
certain specific matters. A committee only has those powers which have been assigned to
it by the constituent assembly. Most are merely created to study matters in detail and to
then report to the larger group. This saves the larger assembly time when it meets and
allows it to review and approve a greater number of items, relying on the committee's
report and recommendations. Committees are either standing or ad hoc (this latter kind is
also known as a "special committee).

 Common law-Judge-made law. Law which exists and applies to a group on the basis of
historical legal precedents developed over hundreds of years. Because it is not written by
elected politicians but, rather, by judges, it is also referred to as "unwritten" law. Judges
seek these principles out when trying a case and apply the precedents to the facts to come
up with a judgement. Common law is often contrasted with civil law systems which
require all laws to be written in a code or written collection. Common law has been
referred to as the "common sense of the community, crystallized and formulated by our
ancestors". Equity law developed after the common law to offset the rigid interpretations
medieval English judges were giving the common law. For hundreds of years, there were
separate courts in England and it's dependents: one for common law and one for equity
and the decisions of the latter, where they conflicted, prevailed. It is a matter of legal
debate whether or not common law and equity are now "fused." It is certainly common to
speak of the "common law" to refer to the entire body of English law, including common
law and equity.

 Common share-The basic share in a company. Typically, common shares have voting
rights and a pro rata right to any dividends declared. They differ from preferred shares
 which, by definition, carry some kind of right or privilege above the common shares (eg.
first to receive any dividends).
Communications Law-the area of law focusing on the technology of the transmission of
information.

 Company-A legal entity, allowed by legislation, which permits a group of people, as

shareholders, to create an organization, which can then focus on persuing set objectives,
and empowered with legal rights which are usually only reserved for individuals, such as
to sue and be sued, own property, hire employees or loan and borrow money. Also known
as a "corporation." The primary advantage of a company structure is that it provides the
shareholders with a right to participate in the profits (by dividends) without any personal
liability (the company absorbs the entire liability of the business).

 Comparative negligence-A principle of tort law which looks at the negligence of the
victim and which may lead to either a reduction of the award against the defendant,
proportionate to the contribution of the victim's negligence, or which may even prevent
an award altogether if the victim's negligence, when compared with the defendant, is
equal to or greater in terms or contributing to the situation which caused the injury or
damage

 Complaint-written document filed in court in which the person initiating the action
names the persons, allegations, and relief sought

 Computer & Technology Law-the area of law dealing with the scientific technology
involving the production or use of devices especially in the fields of electronics and
computers. Computers can be defined as programmable electronic devices that can store,
retrieve, and process data

 Condemnation/Eminent Domain-the area of law that deals with the right of the
government to take property from a private owner for public use by virtue of the superior
dominion of its sovereignty over all lands within its jurisdiction.

 Condition precedent-A contractual condition that suspends the coming into effect of a
contract unless or until a certain event takes place. Many residential real estate contracts
have a condition precedent which states that the contract is not binding until and unless
the property is subjected to a professional inspection, the results of which are satisfactory
to the purchaser.

 Condition subsequent-A condition in a contract that causes the contract to become

invalid if a certain event occurs. This is different from a condition precedent. The
happening of a condition subsequent may invalidate a contract which is, until that
moment, fully valid and binding. In the case of a condition precedent, no binding contract
exists until the condition occurs.

 Condonation-Divorces can be obtained by showing a fault of the other spouse, such as

adultery or cruelty. But a court will refuse to grant a divorce based on these grounds if
there has been "condonation", which is the obvious or implied forgiveness of the fault.
For example, if the "injured" spouse resumes cohabitation with the "guilty" spouse after
being informed of the adultery, and for a long period or time, the "injured" spouse may be
barred from divorce on the grounds of adultery because of "condonation".
 Consensus-A result achieved through negotiation whereby a hybrid solution is arrived at
between parties to an issue, dispute or disagreement, comprising typically of concessions
made by all parties, and to which all parties then subscribe unanimously as an acceptable
resolution to the issue or disagreement.

 Consensus ad idem-Latin term meaning an agreement, a meeting of the minds between

the parties where all understand the committments made by each. This is a basic
requirement for each contract.

 Consent Agreement-voluntary written admission of paternity or responsibility for

support

 Consideration-Under common law, there can be no binding contract without

consideration, which was defined in an 1875 English decision as "some right, interest,
profit or benefit accruing to the one party, or some forbearance, detriment, loss or
responsibility given, suffered or undertaken by the other". Common law did not want to
allow gratuitous offers, those made without anything offered in exchange (such as gifts),
to be given the protection of contract law. So they added the criteria of consideration.
Consideration is not required in contracts made in civil law systems and many common
law states have adopted laws which remove consideration as a prerequisite of a valid
contract.

 Conspiracy-An agreement between two or more persons to commit a criminal act. Those
forming the conspiracy are called conspirators.

 Constitution-The basic law or laws of a nation or a state which sets out how that state
will be organized by deciding the powers and authorities of government between
different political units, and by stating and the basic principles of society. Constitutions
are not necessarily written and may be based on aged customs and conventions, as is the
case in England and New Zealand (the USA, Canada and Australia all have written
constitutions).

 Constitutional Law-the area of statutory and case law that is based on, concerns, or
interprets a constitution.

 Construction-The legal process of interpreting a phrase or document; of trying to find

it's meaning. Whether it be a contract or a statute, there are times when a phrase may be
unclear or of several meanings. Then, either lawyers or judges must attempt to interpret
or "construct" the probable aim and purpose of the phrase, by extrapolating from other
parts of the document or, in the case of statutes, referring to a interpretation law which
gives legal construction guidelines. Generally, there are two types of construction
methods: literal (strict) or liberal.

 Construction Law-the area of law focusing on the construction industry.

 Constructive trust-A trust which a court declares or imposes onto participants of very
specific circumstances such as those giving rise to an action for unjust enrichment, and
notwithstanding the lack of any willing settlor to declare the trust (contrast with express
 trusts and resulting trusts).

 Consumer Protection-the area of law that focuses on the remedies available in most
states and the federal government which have enacted laws and set up agencies to protect
the consumer from inferior, adulterated, hazardous or deceptively advertised products,
and deceptive or fraudulent sales practices.

 Consumer Protection-the area of law that focuses on the remedies available in most
states and the federal government which have enacted laws and set up agencies to protect
the consumer from inferior, adulterated, hazardous or deceptively advertised products,
and deceptive or fraudulent sales practices.

 Contempt of court-A act of defiance of court authority or dignity. Contempt of court can
be direct (swearing at a judge or violence against a court officer) or constructive
(disobeying a court order). The punishment for contempt is a fine or a brief stay in jail
(i.e. overnight).

 Contingency fee-A method of payment of legal fees represented by a percentage of an

award. Lawyers get paid in one of two ways: either you pay a straight hourly rate as you
might pay a plumber (eg. $400 an hour) or the lawyer might "gamble" (i.e. "contingency"
fee) and agree to only get paid if the claim is successful and by taking a portion (eg. one-
third) of any award that comes after the filing of the claim. For example, if you go and
see a lawyer because, after a medical emergency, your health insurance company refuses
to pay your medical bills in violation of their policy, the law firm might say: "no money
down. In fact, we don't get paid a cent unless you do. And then, we take one-third off the
top of any award you might get." This allows the client to receive legal services without
putting any money down and it allows the lawyer to advertise "we don't get paid unless
you do." The lawyer associations in some counties prohibit contingency fee
arrangements. In those countries that allow them, they are very prevalent in personal
injury cases.

 Contract-An agreement between persons which obliges each party to do or not to do a

certain thing. Technically, a valid contract requires an offer and an acceptance of that
offer, and, in common law countries, consideration

 Contract law-That body of law which regulates the enforcement of contracts. Contract
law has its origins thousands of years as the early civilizations began to trade with each
other, a legal system was created to support and to facilitate that trade. The English and
French developed similar contract law systems, both referring extensively to old Roman
contract law principles such as consensus ad idem or caveat emptor. There are some
minor differences on points of detail such as the English law requirement that every
contract contain consideration. More and more states are changing their laws to eliminate
consideration as a prerequisite to a valid contract thus contributing to the uniformity of
law. Contract law is the basis of all commercial dealings from buying a bus ticket to
trading on the stock market.

 Contributory negligence-The negligence of a person which, while not being the primary
cause of a tort, nevertheless combined with the act or omission of the primary defendant
to cause the tort, and without which the tort would not have occurred.

 Conversion-The action of conversion is a common law legal proceeding for damages by

an owner of property against a defendant who came across the property and who, rather
 than return the property, converted that property to his own use or retained possession of
the property or otherwise interfered with the property. The innocence of the defendant
who took the property is not an issue. It is the conversion that gives rise to the cause of
action. This common law action replaced the old action of trover by English law dated
1852. Compare with detinue

 Conveyance-A written document which transfers property from one person to another. In
real-estate law, the conveyance usually refers to the actual document which transfers
ownership, between persons living (i.e. other than by will), or which charges the land
with another's interest, such as a mortgage.

 Conviction-The formal decision of a criminal trial which finds the accused guilty. It is
the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable
doubt, committed the crime for which he, or she, has been accused. It is the ultimate goal
of the prosecution and the result resisted by the defense. Once convicted, an accused may
then be sentenced.

 Coparcenary-An obsolete co-ownership mechanism of English law where property, if

there was no will, always went to the eldest son. If there was no male heir, the property
went to all the female children collectively as a form of co-ownership.

 Copyright-The exclusive right to produce or reproduce (copy), to perform in public or to

publish an original literary or artistic work. Many countries have expanded the definition
of a "literary work" to include computer programs or other electronically stored
information.

 Coroner-A public official who holds an inquiry into violent or suspicious deaths. A
coroner has the power to summon people to the inquest.

 Corporal punishment-A punishment for some violation of conduct which involves the
infliction of pain on, or harm to the body. A fine or imprisonment is not considered to be
corporal punishment (in the latter case, although the body is confined, no punishment is
inflicted upon the body). The death penalty is the most drastic form of corporal
punishment and is also called capital punishment. Some schools still use a strap to punish
students. Some countries still punish habitual thieves by cutting off a hand. These are
forms of corporal punishment, as is any form of spanking, whipping or bodily mutilation
inflicted as punishment.

 Corporate Law-the area of law focusing on the legal methods of obtaining an official
charter or articles of incorporation from the state for an organization, which may be a
profit-making business, a professional business such as a law office or medical office or a
non-profit entity which operates for charitable, social, religious, civic or other public
service purposes and the legal ramifications of such an organization (see business law).

 Corporate secretary-Officer of a corporation responsible for the official documents of

the corporation such as the official seal, records of shares issued, and minutes of all board
or committee meetings.

 Corporation-A legal entity, allowed by legislation, which permits a group of people, as

shareholders (for-profit companies) or members (non-profit companies), to create an
organization, which can then focus on pursuing set objectives, and empowered with legal
rights which are usually only reserved for individuals, such as to sue and be sued, own
 property, hire employees or loan and borrow money. Also known as a "company." The
primary advantage of for profit corporations is that it provides its shareholders with a
right to participate in the profits (by dividends) without any personal liability because the
company absorbs the entire liability of the organization.

 Costs-This is a term often used in judgments as in "the defendant will pay costs." When a
person is condemned to "costs" it means that he has to pay all the court costs such as the
fees for bringing the action, witness fees and other fees paid out by the other side in
bringing the action to justice. A court can also condemn a losing party to "special costs"
but this is considered punitive as it would include the other side's lawyer bill. The rule in
most places is that "costs follows the event" which means that the loser pays. In most
states, the court has the final say on costs and may decide not to make an order on costs.

 Council-A formal group of experts brought together on a regular basis to debate matters
within that sphere of expertise, and with advisory powers to government. For example,
Canada has a 'Standards Council of Canada" which debates and proposes standards
policies and is able to make recomendations to the government of Canada. It can be
contrasted with a commission which, although also a body of experts, is typically given
regulatory powers in addition to a role as advisor to the government.

 Court martial-A military court set up to try and punish offenses taken by members of
the army, navy or air force

 Court of admiralty-A rather archaic term used to denote the court which has the right to
hear shipping, ocean and sea legal cases. Also known as "maritime law".

 Covenant-A written document in which signatories either commit themselves to do a

certain thing, to not do a certain thing or in which they agree on a certain set of facts.
They are very common in real property dealings and are used to restrict land use such as
amongst shopping mall tenants or for the purpose of preserving heritage property.

 CP-Custodial Party

 Creditor-A person to whom money, goods or services are owed by the debtor.

 Creditor's Remedies-The area of law dealing with the legal means and procedures to
collect debts and judgments.

 Crime-An act or omission which is prohibited by criminal law. Each state sets out a
limited series of acts (crimes) which are prohibited and punishes the commission of these
acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an
omission to act can constitute a crime, such as failing to give assistance to a person in
peril or failing to report a case of child abuse.

 Criminal conversation-Synonymous with adultery. In old English law, this was a claim
for damages the husband could institute against the adulterer.

 Criminal Law-public law that deals with crimes and their prosecution. This area of law
is usually governed by statute or ordinance.

 Cross-examination-In trials, each party calls witnesses. Each party may also question
the other's witness(es). When you ask questions of the other party's witness(es), it is
 called a "cross-examination" and you are allowed considerably more latitude in cross-
examination then when you question your own witnesses (called an "examination-in-
chief"). For example, you are not allowed to ask leading questions to your own witness
whereas you can in cross-examination.

 Crown-The word refers specifically to the British Monarch, where she is the head of
state of Commonwealth countries. Prosecutions and civil cases taken (or defended) by the
government are taken in the name of the Crown as head of state. That is why public
prosecutors are referred to, in Canada, as "Crown" prosecutors and criminal cases take
the form of "The Crown vs. John Doe" or "Regina vs. John Doe", Regina being Latin for
"The Queen."

 CSE-Child Support Enforcement Agency

 CSENet-Child Support Enforcement Network

 CTX-Corporate Trade Exchange

 Cuius est solum, ejus est usque ad caelum et ad inferos-Latin: who owns the land,
owns down to the center of the earth and up to the heavens. This principle of land
ownership has been greatly tempered by case law which has limited ownership upwards
to the extent necessary to maintain structures. Otherwise, airplanes would trespass
incessantly.

 Culpa lata-Latin for gross negligence. It is more than just simple negligence and
includes any action or an omission in reckless disregard of the consequences to the safety
or property of another.

 Curtilage-The yard surrounding a residence or dwelling house which is reserved for or

used by the occupants for their enjoyment or work. Curtilage may or may not be inclosed
by fencing and includes any outhouses such as stand-alone garages or workshops. It is a
term one might come across in a search warrant which calls for a search of the residence
its' curtilage of a particular person.

 Custodial Parent-person with legal custody and with whom the child lives; may be
parent, other relative, or someone else

 Custody-Means the charge and control of a child including the right to make all major
decisions such as education, religious upbringing, training, health and welfare. Custody,
without qualification usually refers to a combination of physical custody and legal
custody. For other varieties of custody, see joint custody, split custody and divided
custody.

 Custody Order-legal determination which establishes with whom a child shall live

 Cy-près-"As near as may be": a technical word used in the law of trusts or of wills to
refer to a power that the courts have to, rather than void the document, to construct or
interpret the will or a trust document "as near as may be" to the actual intentions of the
signatory, where a literal construction would give the document illegal, impracticable or
impossible effect.