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credibility

The quality that makes something (as a witness or some evidence) worthy of belief. - credible, adj.

credible evidence

See EVIDENCE.

credible evidence-

Evidence that is worthy of belief; trustworthy evidence.

credible witness

See WITNESS.

credit

1. Belief; trust <the jury gave credit to Benson's version>. 2. One's ability to borrow money; the faith in one's ability to pay debts <a customer with good credit>. 3. The time that a seller gives the buyer to make the payment that is due <30 days' credit>. 4. The availability of funds either from a financial institution or under a letter of credit <the bank extended a line of credit to the customer>.

credit-

1. To believe <the jury did not credit this testimony>. 2. To enter (as an amount) on the credit side of an account <the account was credited with $500>.

credit balance

Accounting. The status of an account when the sum of the credit entries exceeds the sum of the debit entries.

credit bureau

An organization that compiles information on people's creditworthiness and publishes it in the form of reports that are used chiefly by merchants and service-providers who deal directly with customers. The practices of credit bureaus are regulated by federal (and often state) law. Most bureaus are members of the Associated Credit Bureaus of America. Cf. CREDIT-REPORTING BUREAU.

credit card

An identification card used to obtain items on credit, usu. on a revolving basis. See revolving credit under CREDIT. Cf. DEBIT CARD.

credit freeze

See FREEZE.

credit freeze-

A period when the government restricts bank-lending.

credit insurance

See INSlJRANCE.

credit insurance

An agreement to indemnify against loss that may result from the death, disability, or insolvency of someone to whom credit is extended. A debtor typically purchases this type of insurance to ensure the repayment of the loan. Also termed accounts-receivable insurance.

credit life insurance

See LIFE INSURANCE.

credit life insurance

See LIFE INSURANCE.

credit line

See LINE OF CREDIT.

credit memorandum

A document issued by a seller to a buyer confirming that the seller has credited (i.e., reduced) the buyer's account because of an error, return, or allowance.

credit mobilier

A company or association that carries on a banking business by making loans on the security of personal property.

credit plan

A financing arrangement under which a borrower and a lender agree to terms for a loan's repayment with interest, usu. in installments.

credit rating

An evaluation of a potential borrower's ability to repay debt, prepared by a credit bureau at the request of a lender.

credit report

1. A credit bureau's report on a person's financial status, usu. including the approximate amounts and locations of a person's bank accounts, charge accounts, loans, and other debts, bill-paying habits, defaults, bankruptcies, foreclosures, marital status, occupation, income, and lawsuits. See CREDIT BUREAU. 2. The report of a credit-reporting bureau, usu. including highly personal information gathered through interviews with a person's friends, neighbors, and coworkers. See CREDIT-REPORTING BUREAU.

credit sale

A sale of goods to a buyer who is allowed to pay for the goods at a later time.

credit sale-

See SALE.

credit service charge

See SERVICE CHARGE (2).

credit slip

A document that allows a store customer to either purchase another item or receive cash or credit for merchandise the customer has returned to the store.

credit union

A cooperative association that offers lowinterest loans and other consumer banking services to persons sharing a common bond - often fellow employees and their family members. Most credit unions are regulated by the National Credit Union Administration. State-chartered credit unions are also subject to regulation by the chartering state, and they may be regulated by state banking boards. "Credit unions were the last major thrift institutions developed in the United States .... What distinguished credit unions from mutual savings banks and savings and loan associations was their emphasis on a common bond of workers, church members, or people in a local area, wanting to borrow relatively small amounts at reasonable interest rates from each other. and help each other save to meet these short-term needs. Their goal was to provide a low interest rate alternative....to loan sharks and pawnbrokers." William A. Lovett. Banking and Financial institu· tions Law in a Nutshell 284 (1997).

creditable

1. Worthy of being believed; credible <creditable evidence>. 2. Capable ofbeing ascribed or credited <creditable service time>. 3. Reputable; respectable <creditable witness>.

credit-card cramming

1. A credit-card issuer's practice of charging consumers for optional goods or services that the consumers have not agreed to payor do not understand. For example, the credit-card crammer may offer the consumer a free service for a limited period without making it clear that if the service is not canceled when the period ends, it will be automatically renewed for a fee. 2. A single act ofcharging a consumer's credit card without authorization, particularly for goods or services that the consumer did not agree to or receive.

credit-card crime

The offense of using a credit card to purchase something with knowledge that (1) the card is stolen or forged, (2) the card has been revoked or canceled, or (3) the card's use is unauthorized.

credit-card crime-

See CREDIT-CARD CRIME.

creditor

1. One to whom a debt is owed; one who gives credit for money or goods. Also termed debtee. 2. A person or entity with a definite claim against another, esp. a claim that is capable of adjustment and liquidation. 3. Bankruptcy. A person or entity having a claim against the debtor predating the order for relief concerning the debtor. 4. Roman law. One to whom any obligation is owed, whether contractual or otherwise. Cf. DEBTOR.

creditor at large

A creditor who has not established the debt by reducing it to judgment, or who has not otherwise secured a lien on any of the debtor's property. See unsecured creditor.

creditor beneficiary

A third-party beneficiary of a contract who is owed a debt that is to be satisfied by another party's performance under the contract.

creditor beneficiary-

See BENEFICIARY.

creditor dominii

(kred-i-tor da-min-ee-i). [Law Latin]. The creditor who is entitled to ownership of an object; a secured creditor. "Creditor dominii .... In commodate the lender is creditor of the subject. and on the bankruptcy of the borrower may vindicate his right of property and recover the subject itself ...." John Trayner. Trayner's Latin Maxims 114 (4th ed. 1894).

creditor's bill

An equitable suit in which a judgment creditor seeks to reach property that cannot be reached by the process available to enforce a judgment. - Also termed creditor's suit.

creditor's claim

A claim that a creditor has against a debtor.

creditor's claim-

See CLAIM (5).

creditors' committee

Bankruptcy. A committee comprisjng representatives of the creditors in a Chapter 11 proceeding, formed to negotiate the debtor's plan of reorganization. Generally, a committee has no fewer than 3 and no more than 11 members and serves as an advisory body. 11 USCA § 1102.

creditors' composition

See COMPOSITION (1).

creditors' meeting

See MEETING.

creditors scheme of arrangement

A reorganization plan in which creditors agree to defer demands for payment, in hopes of eventually receiving more than they would if the company were immediately liquidated.

creditors' scheme of arrangement

See SCHEME OF ARRANGEMENT.

creditor's suit

See CREDITOR'S BILL.

credit-reporting bureau

An organization that, on request, prepares investigative reports not just on people's creditworthiness but also on personal information gathered from various sources, including interviews with neighbors, friends, and coworkers. These reports are used chiefly by employers (for prospective employees), insurance companies (for applicants), and landlords (for prospective tenants). Also termed investigating bureau. Cf. CREDIT BUREAU.

creditrix

(kred-a-triks), [fr. Latin credere "to lend, entrust"] Civil law. Archaic. A female creditor.

credit-shelter trust

See bypass trust under TRUST.

creditworthy

adj. (Of a borrower) financially sound enough that a lender will extend credit in the belief default is unlikely; fiscally healthy. - creditworthiness, n.

creeping acquisition

The gradual purchase of a corporation's stock at varying prices on the open market. As a takeover method, a creeping acquisition does not involve a formal tender offer. although the SEC may classify it as such for regulatory purposes. Also termed creeping tender offer.

creeping acquisition-

See ACQUISITJON.

creeping tender offer

See creeping acquisition under ACQUISITION.

creeping tender offer

See creeping acquisition under ACQUISITION.

crescendo rental

A rent payment that gradually increases at fixed periods during the lease term.

crescendo rental

See RENTAL.

cretion

(kree-shan), n. [fr. Latin cernere "to decide") Roman law. 1. A method or form ofaccepting an inher itance by an heir who is appointed in a testament. Cretion usu. had to be declared within 100 days from the date an heir received notice of the appointment. "In the old law it was the practice to fix a time limit, usually of one hundred days, within which the heir was to make a formal acceptance, with the addition that if he failed to do so, he was to be disinherited and a substitute was to take the inheritance in his place. This formal acceptance was known as cretio from the Latin verb cernere to decide. The practice had fallen into disuse before Justinian, who formally abolished it." R.W. Lee, The Elements of Roman Law 199 (4th ed. 1956). 2. The period within which an heir might decide whether to accept an inheritance. - Also termed (in Latin) cretio (kree-shee-oh). cretionary (kree-shan-er-ee), adj.

crew member

See SEAMAN.

crf

abbr. CRIMINAL-REFERRAL FORM.

cri de pais

See CRY DE PAIS.

crib

n. [Origin unknown]. An enclosure at the side of a court where the apprentices stood to learn the law. For a full historv of this term and its variants, see J.H. Baker, "The Pecunes," in The Legal Profession and the Common Law 171, 173 (1986). Also spelled cribbe; crubbe. Also termed pecune.

crier

(kri-ar). 1. An officer of the court who makes public pronouncements as required by the court. Cf. BAILIFF (1). Also termed court crier. 2. An auctioneer. Also spelled cryer.

criez la peez

(kri-eez la pees). [Law French]. Rehearsethe concord (or peace). This phrase was used to confirm the conveyance of land by fine. The serjeant or countor in attendance read the phrase aloud in court. See FINE (1).

crim. con

abbr. CRIMINAL CONVERSATION.

crime

An act that the law makes punishable; the breach of a legal duty treated as the subject-matter of a criminal proceeding. - Also termed criminal wrong. See OFFENSE (1). "Understanding that the conception of Crime, as distinguished from that of Wrong or Tort and from that of Sin, involves the idea of injury to the State of collective community, we first find that the commonwealth, in literal conformity with the conception, itself interposed directly, and by isolated acts, to avenge itself on the author of the evil which it had suffered." Henry S. Maine, Ancient Law 320 (17th ed. 1901). "It is a curious fact that all the minor acts enumerated in the penal code of a state like, say, New York are in law called crimes, which term includes both murder and overparking. It is a strong term to use for the latter, and of course the law has for centuries recognized that there are more serious and less serious crimes. At the common law, however, only two classes were recognized, serious crimes or felonies, and minor crimes or misdemeanors." Max Radin, The Law and You 91 (1948).

crime against humanity

A brutal crime that is not an isolated incident but that involves large and systematic actions, often cloaked with official authority, and that shocks the conscience of humankind. Among the specific crimes that fall within this category are mass murder, extermination, enslavement, deportation, and other inhumane acts perpetrated against a population, whether in wartime or not. See Statute of the International Criminal Court, art. 3 (37 ILM 999).

crime against international law

See CRIME AGAINST THE LAW OF NATIONS.

crime against nature

See SODOMY.

crime against peace

An international crime in which the offenders plan, prepare, initiate, or wage a war ofaggression or a war in violation of international peace treaties, agreements, or assurances.

crime against the environment

See ENVIRONMENTAL CRIME.

crime against the law of nations

1. A crime punishable under internationally prescribed criminal law or defined by an international convention and required to be made punishable under the criminal law of the member states. 2. A crime punishable under international law; an act that is internationally agreed to be of a criminal nature, such as genocide, piracy, or engaging in the slave trade. - Also termed crime against international law.

crime against the person

See CRIMES AGAINST PERSONS.

crime insurance

See INSURANCE.

crime insurance

Insurance covering losses occasioned by a crime committed by someone other than the insured.

crime malum in se

See MALUM IN SE.

crime malum in se-

See MALUM IN SE.

crime malum prohibitum

See MALUM PROHIBITUM.

crime malum prohibitum-

See MALUM PROHIBITUM.

crime of omission

An offense that carries as its material component the failure to act.

crime of omission-

See CRIME.

crime of passion

A crime committed in the heat of an emotionally charged moment, with no opportunity to reflect on what is happening. See HEAT OF PASSION.

crime of passion-

See CRIME.

crime of violence

See violent crime.

crime of violence-

See violent crime under CRIME.

crime score

A number assigned from an established scale, indicating the relative seriousness of an offense based on the nature of the injury or the extent of property damage. Prosecutors use crime scores and defendant scores to promote uniform treatment of similar cases and to assess which cases need extensive pretrial preparation. Cf. DEFENDANT SCORE.

crime statistics

Figures compiled by a governmental agency to show the incidence ofvarious types of crime within a defined geographic area during a specified time.

crime without victims

See victimless crime.

crime without victims-

See victimless crime under CRIME.

crime-fraud exception

The doctrine that neither the attorney-client privilege nor the attorney-workproduct privilege protects attorney-client communications that are in furtherance of a current or planned crime or fraud. Clark v. United States, 289 U.S. 1, 53 S.Ct. 465 (1933); In re Grand Jury Subpoena Duces Tecum, 731 F.2d 1032 (2d Cir. 1984).

crimen

(kri-man), n. [Latin]. 1.An accusation or charge of a crime. 2. A crime. PI. crimina (krim-a-na).

crimen expilatae hereditatis

(kri-mm eks-pa-lay-tee ha-red-i-tay-tis). Roman law. A false claimant's willful spoliation of an inheritance.

crimen falsi

(kri-man fal-si or fawl-si). [Latin "the crime of falsifying") 1. A crime in the nature of perjury. Also termed falsum. 2. Any other ofiense that involves some element of dishonesty or false statement. See Fed. R. Evid. 609(a)(2). "The starting point [for perjury] seems to have been the so-called crimen falsi, -crime of falsifying. In the beginning, perhaps, one convicted of perjury was deemed too untrustworthy to be permitted to testify in any other case, and the idea grew until the term 'crimen falsI' included any crime involving an element of deceit. fraud or corruption." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 26 (3d ed.1982).

crimen feloniae imposuit

(kri-man fa-Ioh-nee-ee im-poz-ya-wit). To accuse or charge with a felony.

crimen furti

(kri-man far-ti). [Latin "the crime of stealing"). See THEFT.

crimen incendii

(kri-man in-sen-dee-i). [Latin "the crime of burning"]. See ARSON.

crimen innominatum

(kri-man i-nom-a-nay-tam). [Latin "the nameless crime"]. See SODOMY.

crimen majestatis

(kri-man maj-a-stay-tis). [Latin "crime against majesty"]. High treason; any crime against the king's person or dignity; LESE MAJESTY. Under Roman law, crimen majestatis denoted any enterprise by a Roman citizen or other person against the republic or the emperor. Also termed crimen laesae majestatis. See LESE MAJESTY. CF. PERDUELLIO.

crimen plagii

(kri-man play-jee-i). [Latin]. Roman law. See PLAGIUM.

crimen raptus

(kri-man rap-tas). [Latin "the crime of rape"). See RAPE.

crimen repetundarum

(kri-man rep-a-tan-dair-am). [Latin "accusation of (money) to be repaid"] Roman law. 1. A charge ofextortion brought against a Roman provincial governor. 2. Any act of misgovernment or oppression on the part of a magistrate or official.

crimen roberiae

(kri-man ra-beer-ee-ee). [Latin "the crime of robbery"]. ROBBERY.

crimes against the person

See CRIMES AGAINST PERSONS.

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