curative admissibility-See ADMISSIBILITY. |
curative instructionSee JURY INSTRUCTION. |
curative instructionA judge"s instruction that is intended to correct an erroneous instruction. |
curative statute1. An act that corrects an error in a statutes original enactment, usu. an error that interferes with interpreting or applying the statute. Cf. validating statute. 2. See remedial statute. |
curative statuteSee STATUTE. |
curative-admissibility doctrineThe rule that otherwise inadmissible evidence will be admitted to rebut inadmissible evidence placed before the factfinder by the adverse party. The doctrine applies when a motion to strike cannot cure the prejudice created by the adverse party. |
curator(kyuur-a-tar or kyuur-ay-tar or kyuu-ray-tor), n. 1. Roman law. (itat). A person who manages the affairs of another; a guardian. PI. curatores (kyar-a-tor-eez). SeeCURA. "Although the control of a Tutor ceased when the Pupiflus had attained manhood and become invested with his political rights, it must have frequently happened that the youth would be involved in bUSiness which he would be incapable of regulating with advantage at that early age, and would, at all events, if wealthy, be open to fraud and imposition. Hence arose the practice of nominating a Curator, whose authority extended to the twenty-fifth year of the ward, but who did not necessarily, like a Tutor, exercise a general superintendence, being frequently nominated for one special purpose .... Curatores were appointed also to manage the affairs of persons beyond the age of twentyfive, who, in consequence of being insane, deaf and dumb, or affected with some incurable disease, were incapable of attending to their own concerns." William Ramsay, A Manual of Roman Antiquities 299-300 (Rodolfo Lanciani ed., 15th ed. 1894). |
curator ad bona(kyuu-ray-tor ad boh-na). See curator bonis under CURATOR (1). |
curator ad hoc(kyuu-ray-tor ad hok). A courtappointed curator who manages a Single matter or transaction. See special guardian under GUARDIAN. |
curator ad litem(kyuu-ray-tor ad li-tam). A curator appointed by a court to represent the interests of a youth, or an incapacitated or unborn person, during the proceedings before the court. |
curator bonis(kyuu-ray-tor boh-nis). [Latin "a guardian of property"]. 1. Roman law. A guardian appointed to care for property, esp. for the benefit of creditors. 2. Scots law. A person appOinted by a court to manage an estate, esp. of a minor or an insane person. Also termed curator ad bona. |
curator bonorum(kyuu-ray-tor ba-nor-am). A person appointed by a court to administer the estate of an insolvent person. 2. A temporary guardian or conservator appointed by a court to care for the property or person of a minor or incapacitated person. |
curator rei(kyuu-ray-tor ree-i). [Latin]. Scots law. A guardian of an estate, as distinguished from a tutor, who is a guardian of a person. Also termed curator daturrei. 4. Parliamentary law. An officer charged with custody of an organization's valuable property. |
curatorshipThe office of a curator or guardian. dative curatorship. See dative tutorship under TUTOSHIP. |
curatoryThe management by a curator of the affairs ofsomeone incapable, esp. consent to the legal acts of a minor to cure the minor's legal incapacity. |
curatrix(kyuu-ray-triks). Archaic. A female curator. curb. See TRADING CURB. |
cure1. A seller's right under the UCC to correct a nonconforming delivery of goods, usu. within the contract period. 2. Maritime law. Restoration to health after disease or injury; medical attention and nursing care during a period of convalescence. See MAINTENANCE AND CURE; MAXIMUM CURE. - curative, adj. |
cure-To remove legal defects or correct legal errors. For example, curing title involves removing defects from title to unmarketable land so that title becomes marketable. |
cure by verdictSee AIDER BY VERDICT. |
curfew(kar-fyoo). 1. A law requiring that all fires be extinguished at a certain time in the evening, usu. announced by the ringing of a bell. 2. A regulation that forbids people (or certain classes of them, such as minors) from being outdoors or in vehicles during specified hours. |
curia(kyoor-ee-a), n. [Latin]. 1. Roman law. One of 30 divisions (three tribes of ten curiae) into which the Roman people were said to be divided by Romulus. See comitia curiata under COMITIA. 2. Roman law. A legis lative gathering, esp. of the Roman Senate; the building used for the gathering. 3. Hist. A judicial tribunal held in the sovereign's palace; a royal court. - Abbr. cur. 4. Hist. A court. 5. The papal court, including its func tionaries and officials. ''The word curia in classical Latin is used in a number of ways. Apparently, it meant at first a subdivision of the people. It was also used, by a transfer which is not too clear, for the building in which the Roman Senate met. By an almost inevitable development it became the word for the Senate itself and later the ordinary designation for the Council in municipalities of the later Empire .... How much of this was still recalled in Medieval times, we cannot tell, but ... in the early Middle Ages, curia was a common word to describe both the groups of men who generally were found in attendance on pope, emperor, king or prince, and the groups which were summoned by him to give him counsel. The curia in the latter sense, however, was not really a casual group of persons, summoned spasmodically to advise the king or any other person. It had come to be in Feudal Europe the ordinary Latin word for the general meeting of the lord's vassals, which itself grew out of the Germanic mot or thing . ... The Curia of the king was in theory a larger and more important example of the same kind of assemblage." Max Radin, Handbook of Anglo-American Legal History 46-48 (1936). |
curia admiralitatis(kyoor-ee-a ad-ma-ral-a-tay-tis). [Law Latin]. See HIGH COURT OF ADMIRALTY. |
curia advisari vult(kyoor-ee-a ad-va-sair-i valt). [Latin] The court will be advised; the court will consider. This phrase signaled a court's decision to delay judgment pending further consideration. In England, the phrase is still used in all Court of Appeal decisions when the judgment is reserved; that is, not delivered after the hearing. - Abbr. cur. adv. vult; c.a.v. |
curia baronis(kyoor-ee-a ba-roh-nis). [Law Latin]. See COURT BARON. |
curia burgi(kyoor-ee-a bar-ji). See COURT OF HUSTINGS. |
curia cancellariaSee CANCELLARIA. |
curia christianitatis(kyoor-ee-a-kris-tee-an-a-tay-tis). [Law Latin "a court Christian"]. An ecclesiastical court. See ecclesiastical court under COURT. |
curia claudenda(kyoor-ee-a klaw-den-da). See DE CURIA CLAUDENDA. |
curia comitatus(kyoor-ee-a kom-a-tay-tas). [Law Latin] See COUNTY COURT. |
curia domini(kyoor-ee-a dom-a-ni). [Law Latin "lord's court"]. A lord's house or hall, used as a meeting place for tenants during court sessions. |
curia magna(kyoor-ee-a mag-na). [Law Latin "great court"]. An ancient name for Parliament. |
curia paiatii(kyoor-ee-a pa-lay-shee-i). [Law Latin "court of the palace"] PALACE COURT. |
curia regis(kyoor-ee-a ree-jis). [Latin "king's court"]. (sometimes not cap.). 1. The chief court in early Norman England, established by William the Conqueror. The curia regis was a body of advisers who traveled with the king, advising him on political matters and acting as an appellate court in important or complicated cases. Over time the functions of the curia regis became exclusively judicial in nature. - Also termed King's Court; aula regis. - Abbr. C.R. "[W]e are tempted to use terms which are more precise than those that were current in the twelfth century. In particular we are wont to speak of the Curia Regis without remembering that the definite article is not in our documents. Any court held in the king's name by the king's delegates is Curia Regis. Thus the institution of what in course of time will be a new tribunal, a Court of King's Bench or a Court of Common Pleas, may be found in some small rearrangement, some petty technical change, which at the moment passes unnoticed." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1153 (2d ed. 1898). "[A small] body collects round the king, a body of admin· istrators selected from the ranks of the baronage and of the clergy. At its head stands the chief·justiciar, the king's right-hand man, his viceroy when the king is, as often he is, in his foreign dominions .... This body when it sits for financial purposes constitutes the Exchequer (Scaccarium}, so called from the chequered cloth which lies on the table, convenient for the counting of money. Also it forms a council and court of law for the king: it is a curia Regis, the king's court, and its members are justitiarii, justiciars or justices of this court. Under Henry I they are sent into the counties to collect taxes and to hold pleas; |
curing titleThe act of removing defects from a land title to make it marketable. |
currencyAn item (such as a coin, government note, or banknote) that circulates as a medium of exchange. See LEGAL TENDER. |
currency arbitrageThe simultaneous purchase of a currency in one market and sale of it in another to take advantage of differences or fluctuations in exchange rates. |
currency arbitrage-See ARBITRAGE. |
currency marketSee foreign-exchange market under MARKET. |
currency swapSee SWAP. |
currency swapAn agreement to swap specified payment obligations denominated in one currency for specified payment obligations denominated in a different currency. |
currency-transaction reportA deposit report that must be signed by a person who deposits $10,000 or more in a bank account. The report is on blue paper, much like the skin color of the cartoon characters called Smurfs, so it is also termed (in slang) a smurf. |
current account1. A running or open account that is settled periodically, usu. monthly. 2. A partner's account that reflects salary, withdrawals, contributions, and other transactions in a given period. 3. Banking. A depositor's checking account. 4. The portion ofa nation's balance of payments that represents its exports, imports, and transfer payments. |
current account-See ACCOUNT. |
current assetAn asset that is readily convertible into cash, such as a marketable security, a note, or an account receivable. Also termed liqUid asset; quick asset; near money;jinancial asset. "Current assets are assets expected to be converted to cash. sold. or consumed during the next twelve months, or within the business's normal operating cycle if the cycle is longer than a year. The operating cycle is the period from the time that cash is used to acquire goods and services, these goods and services are sold to customers, and the accounts receivable from these customers are collected in cash. For a small retail store, the operating cycle may be only a few weeks or months. For a shipbuilding company,however, the normal operating cycle could run several years." Jay Alix & Elmer E. Heupel, FinanCial Handbook foy Bankruptcy Professionals § 9.2, at 354 (1991). |
current asset-See ASSET. |
current expenseSee operating expense under EXPENSE. |
current expense-See operating expense. |
current fundsSee FUNDS (2). |
current funds-Assets that can be readily converted into cash. 3. A pool of investments owned in common and managed for a fee; MUTUAL FUND <a diverse portfolio of funds>, |
current incomeSee INCOME. |
current income-Income that is due within the present accounting period. - Also termed current revenue. |
current liability1. See short-term debt under DEBT. 2. See LIABILITY. |
current market valueThe price at which an asset can be sold within the present accounting period. |
current moneySee MONEY. |
current obligationSee OBLIGATION. |
current obligationAn obligation that is presently enforceable, but not past due. |
current revenueSee current income under INCOME. |
current wagesSee WAGE. |
current yieldSee YIELD. |
current-cost accountingA method of measuring assets in terms of replacement cost. This approach accounts for inflation by recognizing price changes in a company's assets and restating the assets in terms of their current cost. |
currente termino(kar-ren-tee tar-mi-noh). [Law Latin) Scots law. During the currency of the term. The phrase might be used in leases. |
currit quattuor pedibus(kar-it kwah-too-ar ped-a-bas). [Law Latin]. It runs on four feet; it runs on all fours. See ON ALL FOURS. |
cursitor(kar-sa-tar). A chancery clerk responsible for making out original writs. Cursitor derives from the writs de cursu that the clerks wrote out. |
cursitor baronAn officer of the Court of Exchequer with administrative, but not judicial, duties. Over time, as the Barons of the Exchequer took on more judicial rather than fiscal duties, the need for someone with financial experience became apparent. So in 1610 a cursitor baron was appointed to sit alongside the judges. The office was abolished in 1856. |
cursor(kar-sar). Eccles. law. An inferior officer of the papal court. |
curtesy(kar-ta-see). At common law, a husband's right, upon his wife's death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple. This right has been largely abolished. Traditionally, the full phrase was estate by the curtesy of England (or Scotland). Also spelled (esp. in Scots law) courtesy. Also termed tenancy by the curtesy. Cf. DOWER. |
curtesy consummate(kar-ta-see kan-sam-it or kahn-sa-mit). The interest the husband has in his wife's estate after her death. |
curtesy initiate(kar-ta-see i-nish-ee-it). The interest the husband has in his wife's estate after the birth of issue capable of inheriting, and before the death of the wife. |
curtilage(kar-ta-Iij). The land or yard adjoining a house, usu. within an enclosure. Under the Fourth Amendment, the curtilage is an area usu. protected from warrantless searches. Also termed (in Latin) curtillium. See OPEN-FIELDS DOCTRINE. Cf. MESSUAGE. |
curtiles terrae(kar-ti-leez ter-ee). [Law Latin]. See COURT LANDS. |
curtillium(kar-til-ee-am). [Law Latin]. See CURTILAGE. |
cushionSee EQUITY (7). |
cushion bondA bond paying an uncommonly high interest rate. |
cushion bond-See BOND (3). |
custode admittendo(ka-stoh-dee ay-mi-ten-doh). See DE. ClJSTODE ADMITTENDO. |
custode amovendo(ka-stoh-dee ay-moh-ven-doh). See DE. CUSTODE AMOVENDO. |
custodes libertatis angliae auctoritate parliamenti(ka-stoh-deez lib-ar-tay-tis ang-glee-ee awk-tor-a-tay-tee parl- [y]a-men-ti). [Latin]. Guardians of the liberty of England by the authority of parliament. The style of all writs and judicial process that issued during the period between the execution of Charles I (January 1649) and the proclamation of Oliver Cromwell as Lord Protector (December 1653). |
custodes pads(ka-stoh-deez pay-sis). [Latin]. Guardians (or conservators). of the peace. See PEACE OFFICER. |
custodia legisSee IN CUSTODIA LEGIS. |
custodia terrae et haeredisSee DE CUSTODIA TERRAE ET HAEREDIS. |
custodiae causa(ka-stoh-dee-ee kaw-za). [Latin] Scots law. For keeping; for preserving. The phrase described a bailment's purpose. |
custodial accountAn account opened on behalf of someone else, such as one opened by a parent for a minor child, and usu. administered by a responsible third party. Custodial accounts most often arise under the Uniform Transfers to Minors Act (1983). All states have enacted either that act or its earlier version, the Uniform Gifts to Minors Act. Property can be set aside by a donor or transferred to a third party as custodian for the benefit of a minor, usu. as an irrevocable gift. This is a much simpler mechanism than a trust. The custodian has powers and fiduciary duties similar to those of a trustee, except that the custodian is not under a court's supervision. The custodian must account for the property and turn it over to the beneficiary when he or she reaches majority. See UNIFORM TRANSFERS TO MINORS ACT. |
custodial account-See ACCOUNT. |
custodial interference1. The abduction of a child or the inducement of a minor child to leave the parent legally entitled to custody or not to return to the parent entitled to legal custody. 2. Any hindrance to a parent's rightful access to a child. The Restatement (Second) of Torts § 700 (1977) provides for an action in tort by the parent entitled to custody against one who, with knowledge that the parent does not consent, either takes the child or compels or induces the child to leave or not to return to the parent legally entitled to custody. Also termed custody interference. |
custodial interrogationSee INTERROGATION. |
custodial interrogationPolice questioning of a detained person about the crime that he or she is suspected ofhaving committed. Miranda warnings must be given before a custodial interrogation. |
custodial parentThe parent awarded physical custody of a child in a divorce. See PHYSICAL CUSTODY (2). Cf. noncustodial parent. |
custodial parentSee PARENT. |
custodial responsibilityFamily law. Physical child custody and supervision, usu. including overnight responsibility for the child. This term encompasses visitation and sole, joint, and shared custody. Both parents share responsibility for the child regardless of the amount of time they spend with the child. See CUSTODY. |
custodial trustSee TRUST. |
custodian1. A person or institution that has charge or custody (of a child, property, papers, or other valuables); GUARDIAN. In reference to a child, a custodian has either legal or physical custody. See CAREGIVER. 2. Bankruptcy. A prepetition agent who has taken charge of any asset belonging to the debtor. 11 USCA § 101(11). custodianship, n. |
custodian bankA bank or trust company that acts as custodian for a clearing corporation and that is super-vised and audited by a state or federal authority. |
custodian bank-See BANK. |
custody1. The care and control of a thing or person for inspection, preservation, or security. |
custody decreeSee DECREE. |
custody decree-A decree awarding or modifying child custody. The decree may be included in the decree for a related proceeding such as a divorce - or it may be a separate order. |
custody determinationA court order determining custody and visitation rights. The order typically does not include any instructions on child support or other monetary obligations. |
custody evaluationSee HOME-STUDY REPORT. |
custody hearingSee HEARING. |
custody hearing-Family law. A judicial examination of the facts relating to child custody, typically in a divorce or separation proceeding. Child-neglect and dependency matters are also often dealt with in custody hearings. Also termed custody proceeding. |