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C

Legal definitions for terms and concepts beginning with C
Canon law
The law of the Christian Church. Has little or no legal effect today. - (see definition)
Capital punishment
The most severe of all sentences: that of death. - (see definition)
Carrier's Case
A monumental 1473 English case which extended the offence of theft (then called larceny) to include a carrier of goods who, initially lawfully in possession, converts goods to his own use. - (see definition)
Carry
The observation or declaration by the chair of a meeting that a member’s motion has passed or attained the requisite majority vote, and is thus converted into a resolution of the whole meeting or organization. - (see definition)
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. - (see definition)
Causation
The but-for link between a harmful action and another's injury. - (see definition)
Caveat
Latin: let him beware. A formal warning. - (see definition)
Caveat emptor
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. - (see definition)
Certificate of Independent Legal Advice
A document that attests that a person has received legal advice on a proposed contract, from a lawyer not associated with the other contracting party. - (see definition)
Certificate of Pending Litigation
A registration or/of a notice or warning that litigation is ongoing as to ownership of a particular piece of land or other real property; also known as a certificate of lis pendens. - (see definition)
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. - (see definition)
Cestui que trust or Cestui que use
The formal Latin word for the beneficiary of a trust. - (see definition)
Ceteris paribus
Latin: all things being equal or unchanged. - (see definition)
Champerty
When a person agrees to finance someone else's lawsuit in exchange for a portion of the judicial award. - (see definition)
Chancery
The English law court with exclusive jurisdiction over equity; now phased-out and merged with the common law courts. - (see definition)
Charterparty
A transportation contract which includes the full and exclusive use of the airplane, vehicle or vessel for the duration of the transportation of either goods or persons. - (see definition)
Chaste
A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins. - (see definition)
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. - (see definition)
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. - (see definition)
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. - (see definition)
Child Support
Periodic money payments payable by a non-custodial parent, to the custodial parent, for the care of his or her child. - (see definition)
Chinese Wall
A screening barricade established within a law firm to prevent conflicts of interests between associates. - (see definition)
Chose in action
A property right in something intangible, or which are not in one's possession, but enforceable through legal or court action. - (see definition)
Circumstantial evidence
Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been proven - (see definition)
Citation
An order of a court to either do a certain thing or to appear before it to answer charges. - (see definition)
Citizen's Arrest
Detainment of a person suspected of having committed a crime, by a person other than a police officer. - (see definition)
Civil Law
A body of law and ancillary legal system derived and evolved directly from Roman Law, the primary feature of which is that laws are struck in writing; codified, and not determined, as is common law, by the opinions of judges. - (see definition)
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. - (see definition)
Class action
When different persons combine their lawsuits because the facts and the defendant are so similar. - (see definition)
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. - (see definition)
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. - (see definition)
Clear Days
Full and complete days. - (see definition)
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. - (see definition)
Codicil
An amendment to an existing will. Does not mean that the will is totally changed; just to the extent of the codicil. - (see definition)
Collateral
Property which has been committed to guarantee a loan. - (see definition)
Collateral descendant
A descendant that is not direct, such as a niece or a cousin. - (see definition)
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). - (see definition)
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. - (see definition)
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 subpoena witnesses - (see definition)
Commissioner of Oath
A formal appointment or commission governments give to individuals empowering them to certify the oath of another upon documents, such as affidavits. - (see definition)
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. - (see definition)
Common Law
Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain. - (see definition)
Common Share
The basic share in a corporation. - (see definition)
Communism
A utopian state of government where specified property or means of production are owned by the state and not citizens or persons, and which may also provide for a form of equal distribution of national production. - (see definition)
Community Property
A marriage property legal term; property acquired or owned during a marriage or, where recognized, a marriage-like relationship, and which belongs, notwithstanding title, as in a partnership and as tenants in common (“hence “community”), to each spouse equally and subject to division on that basis in the event of separation or divorce. - (see definition)
Company
A legal entity, allowed by legislation, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, 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. - (see definition)
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 - (see definition)
Condition precedent
A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. - (see definition)
Condition subsequent
A condition in a contract that causes the contract to become invalid if a certain event occurs. - (see definition)
Condonation
Obvious or implied forgiveness. - (see definition)
Cone of Silence
An oath by a solicitor or other employee in a law firm not to disclose any information in regards to a previous client otherwise placing that lawyer or employee in a conflict of interest with other clients of the same law firm. - (see definition)
Confederation
A loose association of states in which a central, subordinate and limited government structure is created for some common purpose, except in Canada where it is used to describe a federal system in which the central government is not so subordinate to the provincial or regional governments. - (see definition)
Confession
A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime. - (see definition)
Conflict of Laws
A specialized branch of law which resolves cases which have an element of conflicting foreign law. - (see definition)
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. - (see definition)
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. - (see definition)
Consideration
Some right, interest, profit or benefit accruing to the one party of a contract, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. - (see definition)
Consign
To leave an item of property in the custody of another. - (see definition)
Conspiracy
An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators. - (see definition)
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 - (see definition)
Construction
The legal process of interpreting a phrase or document; of trying to find it’s meaning - (see definition)
Constructive Dismissal
Under the employment law of some states, judges will consider a situation where there has been a fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer. - (see definition)
Constructive Trust
A trust which a court declares or imposes onto participants in 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. - (see definition)
Contempt of Court
Conduct that is disobedient, obstructive or contemptuous to the Court. - (see definition)
Contingency fee
A method of payment of legal fees represented by a percentage of an award. - (see definition)
Contract
An agreement between persons which obliges each party to do or not to do a certain thing. - (see definition)
Contract Law
That body of law which regulates the formation and enforcement of contracts. - (see definition)
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. - (see definition)
Conversion
An action against a person who found and converted someone else property to his own use. - (see definition)
Conveyance
A written document which transfers property from one person to another. - (see definition)
Conviction
The formal decision of a criminal trial which finds the accused guilty. - (see definition)
Co-operative
A group of people formed as a separate organization and which has as a stated purpose either in regards to the public at-large or in regards to the common interests of the members. - (see definition)
Coparcenary
An obsolete co-ownership mechanism of English law where property, if there was no will, always went to the eldest son. - (see definition)
Copyright
The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work, pursuant to a statute usually called the Copyright Act, or some similar name. - (see definition)
Coroner
A public official who holds an inquiry into violent or suspicious deaths. - (see definition)
Corollary Relief
Relief sought from a Court which is incidental, consequential or additional to another principal relief. - (see definition)
Corporal punishment
A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body - (see definition)
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. - (see definition)
Corporation
A legal entity, created under the authority of a statute, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, which can then focus on pursuing set objectives, and empowered with legal rights usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. - (see definition)
Costs
A court order that the losing party in litigation must pay the successful party's expenses plus an additional allowance, the latter as a contribution towards the winner's legal fees. - (see definition)
Costs Follow The Event
An award of costs will generally flow with the result of litigation; the successful party being entitled to an order for costs against the unsuccessful party. - (see definition)
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 - (see definition)
Counterclaim
A defendant's claim against a plaintiff. - (see definition)
Court martial
A military court set up to try and punish offenses taken by members of the army, navy or air force. - (see definition)
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'. - (see definition)
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. - (see definition)
Creditor
A person to whom money, goods or services are owed by the debtor. - (see definition)
Crime
An act or omission which is prohibited by criminal law and punished, usually by fine or imprisonment. - (see definition)
Crimes against humanity
An international criminal justice offence; the perpetration of acts of war upon a civilian, non-soldier population. - (see definition)
Criminal Bankruptcy
The forced bankruptcy of a convicted person. - (see definition)
Criminal Conversation
Criminal conversation: synonymous with adultery. - (see definition)
Criminal law
That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. - (see definition)
Criminal Libel
A criminal offence; deliberate publication of defamatory lies which the publisher knows to be false. - (see definition)
Criminal Negligence
Reckless disregard for the lives or safety of other persons. - (see definition)
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'). - (see definition)
Crown
The word refers specifically to the British Monarch, where she is the head of state of Commonwealth countries. - (see definition)
Cruelty
Conduct that causes bodily or mental injury, or apprehension to such injury, to a person or an animal, without legitimate purpose. - (see definition)
Crumbling Skull Rule
A legal theory, companion to the thin skull rule, which limits a tort defendant’s exposure to a plaintiff’s injuries to the plaintiff’s condition at the time of the tort. - (see definition)
Cuius est solum, ejus est usque ad caelum et ad in
Latin: who owns the land, owns down to the center of the earth and up to the heavens. - (see definition)
Culpa Lata
Latin: gross negligence. - (see definition)
Curtesy
Curtesy: widower's right to an interest in his deceased wife's real property. - (see definition)
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. - (see definition)
Custody
Charge and control of a person or item of property. - (see definition)
Cy-pres
'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 a vague gift, to read in what is necessary to carry out the settlor or testator's intentions as near as possible. - (see definition)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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