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culpa lata See lata culpa under CULPA.

culpa levis See levis culpa under CULPA.

culpa levis in concreto See levis culpa under CULPA.

culpa levissima See levissima culpa under CULPA.

culpabilis (kal-pay-ba-lis), adj. [Latin]. Guilty.

culpability (kal-pa-bil-a-tee), n. Blameworthiness; the quality of being culpable. Except in cases of absolute liability, criminal culpability requires a showing that the person acted purposely, knowingly, recklessly, or negligently with respect to each material element of the offense. See Model Penal Code § 2.02. "The concept of culpability is used as a reference point to assess the defendant's guilt and punishment even though, in the two contexts, culpability denotes different aspects of the defendant and the murder. At the guilt phase, culpability is most often used to refer to the state of mind that the defendant must possess. Also at the gUilt phase, culpability may reflect a broader judgment about the defendant: when he is culpable for his conduct, it means that he is blameworthy and deserves punishment. At the punishment phase, the concept of culpability stands as the benchmark for when the death penalty is an appropriate punishment." Phyllis L Crocker, Concepts of Culpability and Deathworthiness, 66 Fordham L Rev. 21, 35-36 (1997).

culpable (kal-pa-bal), adj. 1. Guilty; blameworthy. 2. Involving the breach of a duty.

culpable accident An accident due to negligence. A culpable accident, unlike an unavoidable accident, is no defense except in those few cases in which wrongful intent is the exclusive and necessary basis for liability.

culpable accident- See ACCIDENT.

culpable homicide 1. See HOMICIDE. 2. See MANSLAUGHTER.

culpable homicide- A wrongful act that results in a person's death but does not amount to murder. Cf. MANSLAUGHTER.

culpable intoxication See voluntary intoxication under INTOXICATION.

culpable intoxication See voluntary intoxication.

culpable neglect See NEGLECT.

culpable negligence See NEGLIGENCE.

culpa-in-contrahendo doctrine [Law Latin "fault in contracting"]. The principle that parties must act in good faith during preliminary contract negotiations; esp., the principle that a breach by the offeror after the offeree has begun performance of a unilateral contract and is stopped by the offeror before completion will give rise to liability in tort.

culprit 1. A person accused or charged with the commission of a crime. 2. A person who is guilty of a crime. Culprit may be a running together of cui, shortened from the Latin culpabilis ("guilty"), and prit, from Old French prest ("ready"), two words formerly used to orally plead at the outset of a criminal case. "When the prisoner hath thus pleaded not guilty. non clilpabilis . .. the clerk of the assise, or clerk of the arraigns, on behalf of the crown replies, that the prisoner is guilty, and that he is ready to prove him so. This is done by two monosyllables in the same spirit of abbreviation, 'cli/. prJt.' which signifies first that the prisoner is guilty, (cui. culpable, or clilpabilis) and then that the king is ready to prove him 50; pdt, praesto Slim, or paratus verificare, ' .. How our courts came to express a matter of this importance in so odd and obscure a manner ... can hardly be pronounced with certainty. It may perhaps, however, be accounted for by supposing that these were at first short notes, to help the memory of the clerk, and remind him what he was to reply; or else it was the short method of taking down in court, upon the minutes, the replication and averment; 'cui, prft'; which afterwards the ignorance of succeeding clerks adopted for the very words to be by them spoken. But however it may have arisen, the joining of issue ... seems to be clearly the meaning of this obscure expression; which has puzzled our most ingenious etymologists, and is commonly understood as if the clerk of the arraigns, immediately on plea pleaded, had fixed an opprobrious name on the prisoner, by asking him, 'culprit, how wilt thou be tried?'" 4 William Blackstone, Commentaries on the Laws of England 333-34 (1769),

cultura (kal-t[y]oor-e). [Law Latin]. A piece of tillable land; tillage.

cultural agreement A bilateral or multilateral agreement between nations for the purpose of furthering cultural or intellectual relations.

cultural defense See DEFENSE (1).

cultural defense- 1. A criminal defendant's assertion that because an admitted act is not a crime in the perpetrator's culture or native land, it should not be judged by the laws of the place where it was committed. This cultural defense is asserted as an affirmative defense to a criminal charge. 2. The defense that the actor's mental state at the time the alleged crime was committed was heavily influenced by cultural factors. This is not a complete defense but a mitigating one, pleaded to reduce the charges, the sentence, or both. See FEMALE GENITAL MUTILATION.

cultural property Movable and immovable property that has cultural significance, whether in the nature ofantiquities and monuments of a classical age or important modern items of fine arts, decorative arts, and architecture.o Some writers prefer the term cultural heritage, which more broadly includes intangible cultural things such as folklore, crafts, and skills.

culvertage (kal-var-tij), 1. The status of villeinage. 2. The condition of being reduced to villeinage or serfdom by forfeiture and degradation.

cum astrictis multuris (kelm a-strik-tis mal-t[y]oor-is). [Law Latin]. With defined payments for grinding; with astricted multures. The phrase appeared in reference to portions of grain that the landholder was bound to pay a certain mill in exchange for grinding the remainder of the grain. See MOLITURAE.

cum aucupationibus, venationibus, et piscationibus (kam awk-ya-pay-shee-oh-na-bas, vi-nay-shee-oh-na-baqs et pi-skay-shee-oh-na-bas). [Latin]. Scots law. With fowlings, huntings, and fishings. The phrase was part of a clause granting the legal right to hunt and fish on the conveyed land if the right was accompanied by actual possession of the land for a specific period.

cum beneficio inventarii See BENEFICIUM INVENTARII.

cum communi pastura (kam ka-myoo-ni pas-cher-a). [Law Latin] Hist. With common pasturage. This phrase granted a servitude of pasture, not a right of common, on property.

cum curiis earumque exitibus (kam kyoor-ee-is ee-a-ram-kwee ek-sit-i-bas). [Law Latin]. With courts, and the results or profits of the same. The phrase appeared in reference to the right of the Baron courts to any of those courts' profits, as distinguished from the obligation of the King's courts to turn over all profits to the King.

cum curiis et bloodwitis (kam kyoor-ee-is et blad-wi-tis). [Law Latin] Scots law. With the power of holding courts and fining for blood. Property disposed of cum curiis et bloodwitis entitled the purchaser of a barony to cumulative jurisdiction over barony matters.

cum decimis inclusis et nunquam antea separatis (kam des-a-mis in-kloo-sis et nam-kwam an-tee-a sep-a-ray-tis). [Law Latin] Scots law. With the tithes included, and never before separated. This phrase exempted conveyed land from the payment of tithes.

cum dividend With dividend. Stocks purchased cum dividend entitle the buyer to any pending declared dividends. Cf. EX DIVIDEND.

cum domibus, aedificiis (kam dom-a-bas, ee-di-fish-ee-is). [Law Latin]. Scots law. With houses, buildings. These words in a conveyance included within the conveyance every structure erected on the conveyed land.

cum effectu (kam i-fek-t[y]oo). [Latin]. With effect; in effect. "Prescription does not run against anyone .. , unless he is able to act in defence of his right cum effectu , Under the old feudal system the casualty of ward was not incurred except where the vassal alienated his lands cllm effectu. Thus, if the vassal was interdicted and disponed without the consent of his interdictors, his conveyance being reducible was not effectual, and the casualty was not incurred," John Trayner, Trayner's Latin Maxims 127-28 (4th ed. 1894).

cum excessu moderaminis (kam ek-ses-[y]oo mod-a-ray-ma-nis). [Law Latin] Scots law. In excess ofthe limits. The phrase appeared in reference to the legal limits on the use of violence as a means of self-defense.

cum fabrilibus , brasinis, et brueriis (kam fa-bril-a-bas, bra-si-nas, et broo-er-ee-is). [Law Latin] Scots law. With forges, maltkilns, and breweries A tenant was restricted from building these structures on land unless the tenant first obtained the superior's permission.

cum fossa et furca (kam fos-a et far-ka). [Law Latin] . With pit and gallows .o In ancient charters, this phrase granted Baron courts the right to try capital offenses and to inflict capital punishment.

cum grano salis (kam gray-noh say-lis or kuum grah-noh sah-lis). [Latin] With a grain of salt; with allowance for exaggeration; with reservations.

cum herezeldis (kam her-a-zel-dis). [Latin]. Scots law. With herezelds; with the best things that move. The phrase appeared in reference to a tenant's best horse, cow, or other animal, when the animal was customarily transferred to the landlord on the death of the tenant.

cum libera et plena administratione- (kam lib-ar-a et plee-na ad-min-a-stray-shee-oh-nee). [Law Latin]. Scots law. With full and free power of administration. The phrase appeared in reference to the powers that one could grant to certain agents, such as attorneys.

cum libero exitu et introitu (kam Iib-ar-a ek-si-t[y]oo et in-troh-a-t[y)oo). [Law Latin) Hist. With free exit and entry.

cum maritagio (kam mar-a-tay-jee-oh). [Law Latin]. Scots law. With the marriage portion. The phrase appeared in reference to the required payment to a superior upon the marriage of the superior's ward.

cum molendinis et multuris (kam ma-Ien-di-nis et mal-char-is), [Law Latin] Scots law, With mills and multures. Cf. MOLITURAE,

cum nota (kam noh-ta), [Latin]. Scots law. With a distingUishing mark. The phrase appeared in reference to otherwise inadmissible testimony that a judge could allow after considering the testimony's merit or believability.

cum omni causa (kam ahm-ni kaw-za). [Latin]. Roman law, With every advantage derived from a given transaction, such as a sale.

cum onere (kam on-a-ree), [Latin]. With the burden. An item acquired cum onere is taken subject to existing burdens and charges.

cum onere debitorum defuncti (kam on-ar-ee deb-i-tor-am di-fangk-ti), [Latin]. With the burden of the decedent's debts. The phrase appeared in reference to an heir's position after entering a succession.

cum pertinentiis (kam par-ta-nen-shee-is). [Latin). With the appurtenances. In a conveyance of land, the conveyance included not only everything belonging to the land, but also rights incident to it.

cum piscariis (kam pis-kair-ee-is). [Law Latin]. Scots law. With fishings. The phrase was used to convey an express grant offishing rights without the necessity of also possessing the right for a prescribed period. Cf. CUM PISCATlONlBUS,

cum piscationibus (kam pis-kay-shee-oh-na-bas). [Law Latin). With fishing or fisheries, The phrase was used to convey the express grant of fishing rights only if the grant was accompanied by possession of the right for a prescribed period. Cf, CUM PISCARIIS.

cum prodigi (kyoor-a prah-da-jI). A form of guardianship for a spendthrift, usu. at the request of the person's agnatic family. "The cura prodigi differed from the cura furiosi in that the prodigus, unlike the furiosus, was himself capable of performing any act by which he acquired a right or benefit. The appointment of a curator, however, precluded the prodigus from performing any act which operated to alienate property or to subject him to a liability; any such act, in order to be effectual, had to be concluded either by the curator on behalf of the prodigus or by the prodigus with the approval of the curator." Rudolph Sohm, The Institutes: A Textbook of the History and System ofRoman Private Law 492 Uames Crawford Ledlie trans., 3d ed. 1907).

cum rights With rights. A cum rights purchaser of stock is entitled to rights that have been declared but not distributed, such as the right to purchase additional shares at a stated price, Also termed rights on.

cum satisfurore ipso puniatur (kam sat-is fyuu-ror-ree ip-soh pyoo-nee-ay-tar). [Latin]. Since he is sufficiently punished by the insanity itself. The phrase appeared in reference to the principle that an insane person is not criminally responsible for his or her acts. It was a forerunner to the modern insanity defense,

cum sua causa et labe (kam s[y]oo-a kaw-za et lay-bee). [Latin]. With its advantages and its defects.

cum suo onere (kam s[y]oo-oh on-ar-ee). [Latin). With its burden. The phrase appeared in reference to a vassal's land encumbrances that the superior was bound to accept upon the vassal's resignation.

cum testamento annexo (kam tes-ta-men-toh a-nek-soh). See administration cum testamento annexo under ADMINISTRATION.

cum titulo (kam tich-[y]a-Ioh). [Law Latin]. With the title.

cum virginitas vel castitas corrupta restitui non possit (kam var-jin-i-tas vel kas-ti-tas ka-rap-ta ri-stich-[y]oo-i). [Latin] . & Scots law. Since virginity or chastity once violated cannot be restored. The phrase was use to explain the basis for imposing severe punishment for rape.

Cumis counsel An independent attorney hired by a defendant in a lawsuit in which the damages may be covered by the defendant's insurer but a conflict of interest between the defendant and the insurer makes it unreasonable for an attorney selected by the insurer to represent the defendant. The term derives from San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 162 CaL App. 3d 358 (1984), in which the concept was first clearly articulated.

Cumis counsel- See COUNSEL.

cumulatio criminum (kyoo-mya-Iay-shee-oh krim-a-nam). [Law Latin]. The accumulation of crimes; the charging of more than one crime in an indictment.

cumulative approach See UNITY OF ART.

cumulative dividend See DIVIDEND.

cumulative dividend- A dividend that grows from year to year when not paid. A cumulative dividend is usu. on preferred shares, and it must be paid in full before common shareholders may receive any dividend. If the corporation does not pay a dividend in a particular year or period, it is carried over to the next year or period and must be paid before the common shareholders receive any payment. Also termed accumulative dividend. Cf. noncumulative dividend.

cumulative error See ERROR (2).

cumulative error- The prejudicial effect of two or more trial errors that may have been harmless individually. The cumulative effect of multiple harmless errors may amount to reversible error. See CUMULATIVEERROR ANALYSIS.

cumulative evidence See EVIDENCE.

cumulative evidence- Additional evidence that supports a fact established by the existing evidence (esp. that which does not need further support). Cf. corroborating evidence.

cumulative income bond See income bond.

cumulative income bond- See income bond under BOND (3),

cumulative legacy 1. See accumulative legacy under LEGACY. 2. See additional legacy under LEGACY.

cumulative offense See OFFENSE (1).

cumulative offense An offense committed by repeating the same act at different times.

cumulative preference share See cumulative preferred stock under STOCK.

cumulative preferred stock Preferred stock that must receive dividends in full before common shareholders may receive any dividend. If the corporation omits a dividend in a particular year or period, it is carried over to the next year or period and must be paid before the common shareholders receive any payment. - Also termed cumulative stock; cumulative preference share.

cumulative preferred stock See STOCK.

cumulative punishment See PUNISHMENT.

cumulative punishment Punishment that increases in severity when a person is convicted of the same offense more than once.

cumulative remedy A remedy available to a party in addition to another remedy that still remains in force.

cumulative remedy See REMEDY.

cumulative sentences See consecutive sentences under SENTENCE.

cumulative stock See cumulative preferred stock under STOCK.

cumulative supplement See POCKET PART.

cumulative testimony See TESTIMONY.

cumulative traverse See TRAVERSE.

cumulative voting See VOTING.

cumulative zoning See ZONING.

cumulative-effects doctrine The rule that a transaction affecting interstate commerce in a trivial way may be taken together with other similar transactions to establish that the combined effect on interstate commerce is not trivial and can therefore be regulated under the Commerce Clause,

cumulative-error analysis Appellate scrutiny of whether all of the individual harmless errors made in a trial had the cumulative effect of prejudicing the outcome. If they did, the harmless errors taken together may amount to reversible error.

cumulatively harmful behavior See HARMFUL BEHAVIOR.

cumulatively harmful behavior- Seriously harmful parental (or caregiver) behavior that, if continued for a significant period, will over time cause serious harm to a child.

cupos abbr. A cohabiting unmarried person of the opposite sex. Although this term is intended to be synonymous with "POSSLQ" (a person of the opposite sex sharing living quarters), it is more literally precise because it excludes married persons. See POSSLQ.

cur abbr. CURIA (3).

cur adv. vult abbr. CURIA ADVISARI VULT.

cura (kyoor-a), n. [Latin]. Roman law. A guardianship that protects the interests of minors who are between puberty and the age of 25, or incapacitated persons. Cf. TUTELA. PI. curae. "Cura was a form of guardianship indicated by the necessities of the case, with respect to persons who, though sui juris, were in need of protection. It was not regarded as a substitute for patria potestas as tutela was.... It extended to the person as well as the property, and in the latter respect is much the same as in the case of the tutela of infants." R.W. Leage, Roman Private Law 122 (C.H. Ziegler ed., 2d ed. 1930).

cura animarum (kyoor-a an-a-mair-am). [Law Latin]. Eccles. law. The cure of souls; the care of souls.

cura furiosi (kyoor-a fyoor-ee-oh-si). A guardianship for an insane person who was mentally incapacitated. "The cura furiosi empowered and bound the curator to manage the property of the lunatic on the lunatic's behalf." Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 492 Uames Crawford Ledlie trans., 3d ed. 1907).

cura minoris (kyoor-a mi-nor-is). A form of guardianship for a minor under 25 whose capacity of action was complete, but whose judgment might be defective. PI. cum minorum.

curate (kyuur-it). Eccles. law. 1. A person in charge of a parish; a pastor. 2. A member of the clergy who receives a stipend or salary to assist a vicar, rector, or pastor; an assistant to a parish priest.

curatio (kya-ray-shee-oh), n. [fr. Latin cura "care"]. Roman law. 1. The power or duty of managing the interests of a youth or incapacitated person. 2. The office of a curator. See CURA. PI. curationes (kya-ray-shee-oh-neez).

curative admissibility The rule that an inadmissible piece of evidence may be admitted ifoffered to cure or counteract the effect of some similar piece of the opponent's evidence that itself should not have been admitted.