calandra rule(ka-Ian-dra). The doctrine that a grandjury witness may be compelled to answer questions about certain items, even though the items were obtained by the police illegally. United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613 (1974). |
calculated ambiguityA purposeful use of unclear language, usu. when two negotiating parties cannot agree on clear, precise language and therefore leave a decision-maker to sort out the meaning in case of a dispute. Strictly speaking, this is a misnomer: the more precise term is vagueness, not ambiguity. See VAGUENESS (1). |
calculated ambiguity-See AMBIGUITY. |
caldwell errorThe constitutionally impermissible error of resting a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant's death sentence lies elsewhere.Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633 (I985). The error most often occurs when the prosecutor or the judge tells the jury that the death sentence, if inappropriate, may be overturned on appeal. |
caldwell error,See ERROR (2). |
calefagium(kal-i-fay-jee-am), A feudal right to take wood from the King's forest or the lord's estate. |
calendar1. A systematized ordering of time into years, months, weeks, and days; esp., the Gregorian calendar established by Pope Gregory XIII in 1582 and adopted in Great Britain in 1752. The Gregorian calendar is used throughout the Western world. |
calendar-1. To place an important event on a calendar, esp. so that the event will be remembered. 2. To place a case on a calendar. |
calendar callA court session in which the judge calls each case awaiting trial, determines its status, and assigns a trial date. |
calendar daySee DAY. |
calendar day-A consecutive 24-hour day running from midnight to midnight. Also termed natural day. |
calendar monthSee MONTH (1). |
calendar motionSee MOTION (1). |
calendar of prisonersA list kept by the sheriffs containing the names of all the prisoners in custody alongside notes about each prisoner's present and past convictions. |
calendar yearSee YEAR (1). |
calends(kal-andz). In the ancient Roman calendar, the first day of the month. Also spelled Kalends. CF. IDES; NONES. |
call1. A request, demand, or command, esp. to come or assemble; an invitation or summons. |
call-(bef. 12c) 1. To summon. 2. To demand payment of money. 3. To redeem (a bond) before maturity. |
call equivalent positionA security position that increases in value as the value of the underlying equity increases. It includes a long convertible security, a long call option, and a short put option. SEC Rule 16a-1(b) (17 CFR § 240.16a-1(b)). |
call for the orders of the dayA demand that the meeting proceed according to its order of business. Also termed call for the regular order. |
call for the orders of the day-See CALL (1). |
call for the regular orderSee call for the orders of the day. |
call for the regular order,See call for the orders of the day under CALL (1). |
call loanSee LOAN. |
call of a meetingFormal written notice of a meeting's time and place, sometimes stating its business, sent to each member in advance. |
call of a meeting-See CALL (1). |
call of the houseA legislative body's order compelling each absent member's attendance, usu. instructing that the sergeant at arms arrest and present each absentee. "In legislative bodies or other assemblies that have legal power to compel the attendance of their members, a procedure that can be used to obtain a quorum, if necessary, is the motion for a Call of the House. This is a motion that unexcused absent members be brought to the meeting under arrest. A Call of the House is not applicable in voluntary societies." Henry M. Robert, Robert's Rules of Order Newly Revised § 40, at 339 (10th ed. 2000). |
call of the house-See CALL (1). |
call of the rollSee roll call. |
call of the roll-See roll call under CALL (1). |
call optionSee OPTION, |
call optionAn option to buy something (esp. securities) at a fixed price even if the market rises; the right to require another to sell. - Often shortened to call. |
call patentA land patent in which the corners have been staked but the boundary lines have not been run out at the time of the grant. |
call patentSee PATENT (2). |
call premiumThe percentage amount of a bond's face value that a company pays, along with the face value, to redeem a callable bond; the difference between a bond's call price and its par value. |
call priceSee PRICE. |
call price1. The price at which a bond may be retired before its maturity. 2. See strike price. |
call the question1. (Of a member) to move to close debate. 2. (Of a deliberative assembly) to adopt a motion to close debate. See CLOSE DEBATE. |
call to order1. The chair's declaration that a deliberative assembly has properly convened and is ready for business. Also termed convocation. 2. The chair's request that a member follow the applicable rules or observe appropriate decorum.See DECORUM. |
call to order-See CALL (1). |
call to the barThe admission of a person to practice law. This common phrase is a loan translation of the Latin ad barram evocatus ("called to the bar"). See AD BARRAM EVOCA TUS. Also termed calling to the bar. |
call upTo bring before a deliberative assembly business that is ready for consideration <call up the motion to reconsider>. |
callable(Of a security) redeemable by the issuing corporation betore maturity. See REDEMPTION. |
callable securitySee redeemable security under SECURITY |
callable bondSee redeemable bond. |
callable bond-See redeemable bond under BOND (3). |
callable preferred stockPreferred stock that may be repurchased by the issuing corporation at a prestated price, usu. at or slightly above par value. |
callable preferred stock,See STOCK. |
callable securitySee redeemable security. |
called meetingSee special meeting under MEETING. |
calling to the barSee CALL TO THE BAR. |
call-protection clauseA clause in a bond issue or a callable preferred stock issue prohibiting the issuer from recalling the during a specified period. |
calumnia(ka-lam-nee-a), n. pl. [Latin "vexatious proceedings"] Roman law. Vexatiously instituted civil proceedings or knowingly false criminal charges made against someone . The victim had civil or criminal remedies depending on the circumstances. |
calumniae judicium(b-lam-nee-ee joo-dish-ee-am). [Latin "action for vexation"] Roman law. A countersuit that a defendant who was maliciously sued could bring after winning a judgment in the principal action. |
calumniae jusjurandum(ka-Iam-nee-ee jas-ja-ran-dam). [Law Latin "oath of calumny"] Roman law. An oath given by a litigant that he is not suing or defending vexatiously. |
calumniate(ka-lam-nee-ayt), To slander or make false charges against. calumniator, n. |
calumny(kal-am-nee), 1. The act of maliciously misrepresenting someone's words or actions in a way that is calculated to injure that person's reputation. See OBLOQUY (1). 2. A false charge or imputation. calumnious (ka-lam-nee-as), adj. calumniator (kal-lam-nee-ay-tar), n. |
calvin's caseThe decision establishing that persons born in Scotland after the 1603 accession of James I to the English throne were deemed natural-born subjects of the King of England and could inherit English land. Calvin v. Smith, 7 Eng. Rep. 1,2 S.T. 559 (1608). |
calvo clause(kahl-voh). A contractual clause by which an alien waives the right to invoke diplomatic immunity . Such a clause typically appears in a contract between a national government and an alien. |
Calvo doctrineThe rule that resident aliens have the same rights to protection as citizens, but no more. This doctrine, which sought to establish a minimum international standard for the treatment of aliens, was developed by the Argentinian jurist Carlos Calvo in his treatise Le Droit International1heorique et Pratique (5th ed. 1896). The doctrine was intended to prevent aliens from abusing their right of diplomatic protection. It was rejected by many states on the ground that the doctrine sought to deprive states of their right to protect their citizens in countries when the rights of the general population fell below the minimum international standards. |
cambiale jus(kam-bee-ay-lee jas). [Latin "law of exchange"] The law of commercial exchange. |
cambiator(kam-bee-ay-tar). An exchanger, usu. of money (cambiatores monetae). |
cambistkam-bist). [fr. Latin cambiare "to exchange") A broker who trades promissory notes or bills of exchange. Also termed cambiator. |
cambium(kam-bee-am). [Law Latin "exchange"]. 1. An exchange of money, debt, or land. |
cambium localeA contract of exchange in which a person agrees to pay a sum of money at one location in consideration of money received at another location. Also termed cambium mercantile; cambium trajectitium. |
cambium realeAn exchange ofland. Also termed cambium manuale. 2. A mercantile contract in which the parties agree to exchange money for money; a bill of exchange. Also termed escambium. 3. Eccles. law. An exchange of money that potentially allows one party to profit. Historically, most forms of cambium were forbidden under laws against usury but were gradually allowed as a fair recompense for trouble and risk. Cf. (in sense 3) USURY. |
camera(kam-a-ra). [Latin] Chamber; room. See IN CAMERA. |
camera regis(kam-a-ra ree-jis). [Latin "chambers of the king"] A locale that the king takes a particular interest in, usu. expressed as a royal privilege benefiting a city. |
camera scaccariiSee EXCHEQUER CHAMBER. |
camera stellata(kam-a-ra sta-Iay-ta). [Law Latin] See STAR CHAMBER, COURT OF. |
camerarius(kam-a-rair-ee-as). [fr. Latin camera "chamber"] 1. A chamberlain or other treasurer in charge of public money. 2. BAILIFF. |
campersThe share of a lawsuit's proceeds payable to a champertor. See CHAMPERTY. |
campipartiaSee CHAMPERTY. |
campiparticepsSee CHAMPERTOR. |
campipartitio(kam-pa-pahr-tish-ee-oh). [Law Latin] See CHAMPERTY. |
camsSee COMMON-AREA MAINTENANCE CHARGES. |
can(bef. 12c). 1. To be able to do something <you can lift 500 pounds>. 2. To have permission (as often interpreted by courts); MAY <no appeal can be filed until the filing fee is paid>. |
cancel1. To destroy a written instrument by defacing or obliterating it < she canceled her will by marking through it>. 2. To terminate a promise, obligation, or right <the parties canceled the contract>. |
canceled checkSee CHECK. |
canceled check-A check bearing a notation that it has been paid by the bank on which it was drawn. A canceled check is often used as evidence of payment. Also spelled cancelled check. |
cancellaria(kan-sa-lair-ee-a). [Law Latin] See CHANCERY (1). Also termed curia cancellaria. |
cancellariusc(kan-sa-Iair-ee-as). [Law Latin] 1. A chancellor, scrivener, or notary. 2. See LORD CHANCELLOR. |
cancellation1. The act of defacing or obliterating a writing (as by marking lines across it) with the intention of rendering it void. 2. An annulment or termination of a promise or an obligation. |
cancellation dauseA contractual provision allowing one or both parties to annul their obligations under certain conditions. Also termed termination clause. |
cancellaturaSee CANCELLATION. |
cancelled checkSee CHECK. |
cancelli(kan-sel-I). [Latin "lattice, grille"], 1. Lines drawn on a writing, esp. a will, indicating its revocation. See CANCELLATION (1). 2. Hist. The rails or latticework enclOSing the bar of a court. |
cancerphobia claimSee FEAR OF CANCER CLAIM. |
candidate[fr. Latin candidatus, "clothed in white"; fr. candidus, "white," from the white toga worn by a candidate for public office in ancient Rome as a symbol of clean government] An individual seeking nomination, election, or appointment to an office, membership, award, or like title or status. A candidate for election becomes a "nominee" after being formally nominated. Cf. NOMINEE (1). |
candidate speciesSee SPECIES (1). |
candidate speciesEnvironmental law. Plants and animals identified by the Fish and Wildlife Service or National Marine Fisheries Service as potentially endangered or threatened but not of high enough priority to develop a proposed listing regulation under the Endangered Species Act. Candidate species are not protected by federal law. Also termed listed species. |
CandlemasSee quarter day under DAY. |
canfara(kan-fa-ra). [Law Latin], A trial by hot iron, formerly used in England. See ordeal by fire under ORDEAL. |
canon(kan-an), (bef. 12c) 1. A rule or principle, esp. one accepted as fundamental. |
canon emphyteuticus(kan-an em-fi-t[y]oo-ti-kas). fro Greek], The annual payment that an emphyteuta made under a contract of emphyteusis. See EMPHYTEUSJS; EMPHYTEUTA. |
canon lawSee CANON LAW. |
canon law1. A body of western ecdesiasticallaw that was first compiled from the 12th to 14th centuries . It has grown steadily since that time, and is now codified in the Codex Juris Canonici of 1983, replacing that of 1918. Also termed corpus juris canonici; papal law; jus canonicum. 2. A body oflaw developed within a particular religious tradition. - Also termed church law; canonical law. Cf. ECCLESIASTICAL LAW. "The indirect contributions of the canon law to the development of English law were as great as, and the direct contributions far greater than, those made by the civil law. Indirectly the canon lawyers gave much even to the purely secular law of England, because, during the early Middle Ages, most of the judges or the royal courts were ecclesiastics acquainted with the chief doctrines of canon law.. , . The direct influence of the canon law in England resulted from its being the law which was administered in the courts of the Church," W,J,V, Windeyer, Lectures on Legal History 41 (2d ed. 1949). "Canon law has its roots in theology, But, so far as England is concerned, it may be defined as so much of the law of England as is concerned with the regulation of the affairs of the Church of England." E, Garth Moore & Timothy Briden, Moore's Introduction to English Canon Law 9 (2d ed. 1985). |
canon of constructionA rule used in construing legal instruments, esp. contracts and statutes. Although a few states have codified the canons of construction examples of which are contra proferentem and ejusdem generis - most jurisdictions treat the canons as mere customs not having the force of law. Often shortened to canon. - Also termed rule ofconstruction; rule ofinterpretation. "A frequent criticism of the canons [of construction], made forcefully by Professor Llewellyn many years ago, is that for every canon one might bring to bear on a point there is an equal and opposite canon. This is an exaggeration; but what is true is that there is a canon to support every possible result." Richard A. Posner, The Federal Courts: Crisis and Reform 276 (1985). |
canon of construction-See CANON (1). |
canon of descentA common-law rule governing intestate succession . In England, canons of descent tended to concentrate landholdings in the hands of a few people, an approach generally rejected in the United States. Also termed canon of inheritance."The common-law canons of descent tended to prevent the diffusion of landed property, and to promote its accumula· tion in the hands of a few. The principles sprang from the martial genius of the feudal system. In the United States the English common law of descents, in its essential features, has been rejected; each State has established a law for itself." William C. Anderson, A Dictionarv of Law 349 (1889). 2. (usu. cap.) A maxim stating in general terms the standards of profeSSional conduct expected of lawyers. The Model Code ofJudicial Conduct (1990) contains five canons and hundreds of specific rules. Judges 11(2).J 3. A rule of ecdesiasticallaw. 4. A corpus of writings. 5. A clergy member on the staff of a cathedral |