Dictionar englez de termeni juridici.
Litera C (inapoi la index)
CADASTRAL MAP |
| Land ownership map. Generally used for tax purposes. |
CAPITAL GAIN |
| The profit made from the sale of a capital asset, such as real estate, a house, jewelry or stocks and bonds. |
CAPITAL LOSS |
| The loss that results from the sale of a capital asset, such as real estate, a house, jewelry or stocks and bonds. Also the loss that results from an unpaid, non-business (personal) loan. |
CAPTION |
| The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc. |
CASE LAW |
| Also known as common law. The law created by judges when deciding individual disputes or cases. |
CASE OF FIRST IMPRESSION |
| A novel legal question that comes before a court. |
CAUSE OF ACTION |
| A claim in law in fact sufficient to justify a legal right to sue. |
CAUTION |
| In the U.K., Canada, and elsewhere, a restriction on disposition of property by the registered owner, placed by a person who claims a right on the property in question. |
CAVEAT EMPTOR |
| Latin for "buyer beware." This rule generally applies to all sales between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods. |
CERTIFICATION |
| Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first-degree felonies or for chronic offenders. |
CERTIORARI |
| Latin that means, "to be informed of." Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made, it is said that the court has granted certiorari. |
CHALLENGE FOR CAUSE |
| Ask that a potential juror be rejected if it is revealed that for some reason he or she is unable or unwilling to set aside preconceptions and pay attention only to the evidence. |
CHALLENGE TO THE ARRAY |
| Questioning the qualifications of an entire jury panel, usually on the grounds of partiality or some fault in the process of summoning the panel. |
CHAMBERS |
| A judge's private office in the courthouse. |
CHANGE OF VENUE |
| A change in the location of a trial, usually granted to avoid prejudice against one of the parties. |
CHAPTER 13 BANKRUPTCY |
| A type of bankruptcy in which a person keeps his assets and pays creditors according to an approved plan. |
CHAPTER 7 BANKRUPTCY |
| A type of bankruptcy in which a person's assets are liquidated (collected and sold) and the proceeds are distributed to the creditors. |
CHARGE |
| The statement accusing a person of committing a particular crime. Also the judge's instructions to the jury on its duties, on the law involved in the case and on how the law in the case must be applied. |
CHARGING LIEN |
| Entitles a lawyer who has sued someone on a client's behalf the right to be paid from the proceeds of the lawsuit, if there are any, before the client receives those proceeds. |
CHATTEL |
| A tangible, movable article of personal property, as opposed to real property. |
CHIEF JUSTICE |
| The presiding Justice of the Supreme Court. |
CHILD ABUSE |
| Defined by state statutes. Usually occurs when a parent purposefully harms a child. |
CHILD NEGLECT |
| Defined by state statutes. Usually arises from a parent's passive indifference to a child's well being, such as failing to feed a child or leaving a child alone for an extended time. |
CHILDREN~aS TRUST |
| A trust set up as part of a will or outside of a will to provide funds for a child. |
CIRCUMSTANTIAL EVIDENCE |
| Indirect evidence that implies something occurred but doesn't directly prove it. If a man accused of embezzling money from his company had made several big-ticket purchases in cash around the time of the alleged embezzlement, which would be circumstantial evidence that he had stolen the money. |
CITATION |
| An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge. |
CIVIL CASE |
| A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings. |
CLAIM |
| 1. The aggregate of operative facts giving rise to a right enforceable by a court 'the plane crash led to dozens of wrongful-death claims'. 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional 'an employee's claim for workers' -compensation benefits'. 3. A demand for money or property to which one asserts a right 'the letter included a claim for attorney's fees'. |
CLASS ACTION SUIT |
| A lawsuit in which one or more parties file a complaint on behalf of themselves and all other people who are "similarly situated" (suffering from the same problem). Often used when a large number of people have comparable claims. |
CLEAR AND CONVINCING EVIDENCE |
| The level of proof sometimes required in a civil case for the plaintiff to prevail. Is more than a preponderance of the evidence but less than beyond a reasonable doubt. |
CLERK OF THE COURT |
| Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses. |
CLOSING |
| In a real estate transaction, this is the final exchange in which the deed is delivered to the buyer, the title is transferred, and the agreed-on costs are paid. |
CODE |
| A collection, compendium or revision of laws, rules and regulations enacted by the legislature, i.e., Utah Code Annotated. |
CODICIL |
| A supplement to a will. |
COHABITATION AGREEMENT |
| Also called a living-together contract. A document that spells out the terms of a relationship and often addresses financial issues and how property will be divided if the relationship ends. |
COLLATERAL |
| An asset that a borrower agrees to give up if he or she fails to repay a loan. |
COLLECTIVE BARGAINING AGREEMENT |
| The contract that spells out the terms of employment between a labor union and an employer. |
COLOR OF TITLE |
| A deed appearing to convey title but in fact not conveying title, either because the grantor did not have title to convey or because the conveyance was flawed in some way. |
COMITY |
| A code of etiquette that governs the interactions of courts in different states, localities and foreign countries. Courts generally agree to defer scheduling a trial if the same issues are being tried in a court in another jurisdiction. In addition, courts in this country agree to recognize and enforce the valid legal contracts and court orders of other countries. |
COMMON LAW |
| Also known as case law. The law created by judges when deciding individual disputes or cases. |
COMMON-LAW MARRIAGE |
| In some states, a couple is considered married if they meet certain requirements, such as living together as husband and wife for a specific length of time. Such a couple has all the rights and obligations of a traditionally married couple. |
COMMUNITY PROPERTY |
| Property acquired by a couple during their marriage. Refers to the system in some states for dividing the couple's property in a divorce or upon the death of one spouse. In this system, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in. |
COMMUTATION |
| The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. In Utah the Board of Pardons may do this. |
COMPARATIVE NEGLIGENCE |
| Also called comparative fault. A system that allows a party to recover some portion of the damages caused by another party's negligence even if the original person was also partially negligent and responsible for causing the injury. Not all states follow this system. |
COMPENSATORY DAMAGES |
| Money awarded to reimburse actual costs, such as medical bills and lost wages. Also awarded for things that are harder to measure, such as pain and suffering. |
COMPETENCY |
| A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers. |
COMPLAINT |
| In a civil action, the document that initiates a lawsuit. The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought. In a criminal action, a complaint is the preliminary charge filed by the complaining party, usually with the police or a court. |
CONCURRENT JURISDICTION |
| The jurisdiction of two or more courts, each authorized to deal with the same subject matter. |
CONCURRENT SENTENCES |
| Criminal sentences that can be served at the same time rather than one after the other. |
CONDEMN |
| The taking of privately owned land for public use by eminent domain. In the U.S. just compensation must be provided for any lands thus taken. |
CONDEMNATION |
| The legal process by which real estate of a private owner is taken for public use without the owner's consent, but the owner receives "just compensation." |
CONDITIONAL DISMISSAL |
| See adjournment in contemplation of dismissal. |
CONDITIONAL RELEASE |
| A release from custody that imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked. |
CONFLICT OF INTEREST |
| Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his duties fairly. |
CONSECUTIVE SENTENCES |
| Criminal sentences that must be served one after the other rather than at the same time. |
CONSERVATOR |
| Person appointed to manage the property and finances of another. Sometimes called a guardian. |
CONSIDERATION |
| Something of value that is given in exchange for getting something from another person. |
CONTEMPT OF COURT |
| An action that interferes with a judge's ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge's orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, jail time. |
CONTINGENCY FEE |
| Also called a contingent fee. A fee arrangement in which the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third. If no damages are awarded, there is no fee. |
CONTINUANCE |
| A court order postponing proceedings. |
CONTRACT |
| An agreement between two or more parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced. |
CONTRIBUTORY NEGLIGENCE |
| Prevents a party from recovering for damages if he or she contributed in any way to the injury. Not all states follow this system. |
CONVEY |
| To transfer property or the title to property from one person to another. |
CONVICTION |
| A verdict in a civil or criminal trial in which the defendant is found guilty of the charge. |
COPYHOLD |
| A tenancy at will that was recorded in a manorial court ownership roll. The lord of the manor maintained the list. Copyholds were not, strictly speaking, inheritable, but were customarily so. The land reverted to the landowner who would then "admit" the heir to the lands of the decedent. |
COPYRIGHT |
| A person's right to prevent others from copying works that he or she has written, authored or otherwise created. |
CORPORATION |
| An independent entity created to conduct a business. Shareholders own it. |
CORPUS DELICTI |
| The substance or foundation of a crime; the substantial fact that a crime has been committed, e g., the corpse of a homicide victim, the charred remains of a burned house. |
CORROBORATING EVIDENCE |
| Evidence supplementary to that already given and tending to strengthen or confirm it. |
CORROBORATION |
| Confirmation or support of a witness' statement or other fact. |
COUNTERCLAIM |
| A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff. |
COURT REPORTER |
| A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings. |
COURTS OF RECORD |
| Courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt. In Utah, they include the Supreme Court, the Court of Appeals, district courts and juvenile courts. Courts not of record are those of lesser authority whose proceedings are not permanently recorded, i.e., the Justice Courts. |
COVENANT |
| A stipulation. A promise to do or not do something. |
CREDITOR |
| A person (or institution) to whom money is owed. |
CRIMINAL CASE |
| A case brought by the government against a person accused of committing a crime. |
CRIMINAL INSANITY |
| Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong. |
CROSS EXAMINATION |
| The questioning of an opposing party's witness about matters brought up during direct examination. |
CROSS-CLAIM |
| In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant. |
CUSTODIAN |
| Under the Uniform Transfers to Minors Act, the person appointed to manage and dispense funds for a child without constricting court supervision and accounting requirements. |
CUSTODY |
| The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline. |
CUSTOMARY ESTATE |
| see copyhold |
