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cassetur breve (ka-see-tar bree-vee). [Latin "that the writ be quashed"], A judgment quashing an action begun by writ.

cassIs/bIb A U.S. Patent and Trademark Office database of bibliographies relating to patents, sorted by their classification . CASSIS stands for Classification and Search Support Information System. Cf. CASSIS/CLASS.

cassIs/class A U.S. Patent and Trademark Office database of patents sorted by classification, available at any PTO Depository Library. Cf. CASSIS/BIB.

cast To formally deposit (a ballot) or Signal one's choice (in a vote) <most voters cast their ballots for write-in candidates>.

cast a cloud on Create doubt about (a patent, esp. its validity).

castigatory (kas-ti-ga-tor-ee). A device for punishing scolds by repeatedly plunging them underwater. This device is mentioned by the ancient Saxons (scealfing stole) and in Domesday Book (cathedra stercoralis). It was also used to punish bakers and brewers by ducking them into "stinking water" (stercore), possibly into a midden. - Also termed ducking stool; cucking stool; trebucket. See SCOLD. Cf. BRANKS. "[A] common scold, ... if convicted, shall be sentenced to be placed in a certain engine of correction called the trebucket, castigatory, or cucking stool, which in the Saxon language signifies the scolding stool; though now it is fre· quently corrupted into ducking stool, because the residue of the judgment is, that, when she is so placed therein, she shall be plunged in the water for her punishment." 4 William Blackstone, Commentaries on the Laws ofEngland 169 (1769).

casting vote See VOTE (1).

cast-iron-pipe doctrine See DIVIDEND-CREDIT RULE.

castle doctrine An exception to the retreat rule allOWing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm. Also termed dwelling defense; defense ofhabitation. See RETREAT RULE.

castle-guard 1. The protection of a castle. 2. A form of knight-service in which a tenant must protect the lord '8 castle. 3. The tenure giving rise to this knightservice. 4. A tax once imposed in lieu of this knightservice. 5. The territory that is chargeable with the tax imposed in lieu of the knight-service. Also termed (in senses 2-5) ward. used in reference to voiding an agreement, law, or writ. "Castleguard is an imposition upon such of the king's See CASSETUR BILLA; CASSETUR BREVE. subjects as dwell within a certain compass of any castle, to the maintenance of such as watch and ward it. It is some· times used for the circuit itself which is inhabited by such as are subject to this service." William Rastell, Termes de la Ley70 (1st Am.ed.1812).

casu consimili (kay-s[y]oo ka-sim-a-li), [Latin "in a like case"], A writ of entry allowing the holder of a reversionary interest in land to sue for the return of land alienated by a life tenant or a tenant by the curtesy. This writ originated in the second Statute of Westminster (13 Edw. 1) ch. 24 (1285), which expanded the writs available to litigants by requiring the Chancery to issue a writ for any situation that called for a writ similar to one that had previously issued consimili casu ("in a like case"). Specifically, the statute provided (in Latin) that "as often as it shall happen in chancery that in one case a writ is found, and in a like case [in consimili casu], falling under the same right, and requiring like remedy, no writ is to be found, the clerks of chancery shall agree in making a writ ...." Many other writs were framed under Westminster 2, but this particular writ's close association with the statute led to its taking the generic name. Also termed consimili casu; entry in casu consimili. See ACTIONES NOMINATAE.

casu proviso (kay-s[y]oo pra-vI-zoh). [Latin "in the case provided"],A writ of entry to recover a reversion in land alienated by a tenant in dower, i.e., a widow with a life estate in the alienated land.

casual 1. (Of employment) occurring without regularity; occasional <a casual employee>. See casual employment under EMPLOYMENT. 2. (Of an event or occurrence) not expected, foreseen, or planned; fortuitous <a casual deficit>.

casual affray See CHANCE-MEDLEY.

casual affray- See CHANCE-MEDLEY.

casual condition A condition that depends on chance; one that is not within the power of either party to an agreement.

casual condition- See CONDITION (2).

casual deficit An unforeseen shortfall of funds.

casual ejector See EJECTOR.

casual ejector- The nominal defendant in an ejectment action who, under a legal fiction, is supposed to come casually or by accident upon the premises and to eject the lawful possessor.

casual employment See EMPLOYMENT.

casual employment- Work that is occasional, irregular, or for a short time - often associated with day labor.

casual negligence See NEGLIGENCE.

casualty 1. A serious or fatal accident. 2. A person or thing injured, lost, or destroyed.

casualty gain The profit realized by an insured when the benefits paid exceed the insured property's adjusted value.

casualty insurance An agreement to indemnify against loss resulting from a broad group of causes such as legal liability, theft, accident, property damage, and workers compensation. The meaning of casualty insurance has become blurred because of the rapid increase in different types of insurance coverage. Cf. accident insurance.

casualty insurance- See INSURANCE.

casualty loss See LOSS.

casualty pot A step in evaluating tax liability in which casualty gains and losses are compared to determine whether a net loss or gain has occurred. Cf. MAIN POT.

casus (kay-sas), 1. A chance accident; an event without human intervention or fault. Cf. CULPA (1); DOLUS (1). 2. A situation actually contemplated by the legislature in enacting a statute that applies to the situation. In this sense, the term is opposed to casus omissus. Cf. CASUS OMISSUS.

casus amissionis (kay-sas a-mis[h]-ee-oh-nis). [Latin "the occasion of the loss"], The circumstances under which a document is lost or destroyed. In an action to prove the contents of a lost instrument, the circumstances under which a document was lost was required evidence. Lost documents are now covered by Federal Rule of Evidence 1004(1).

casus belli (kay-sas bel-i). [Latin] An act or circumstance that provokes or justifies war.

casus foederis (kay-sas fed-ar-is). [Latin "the case of the treaty" or "the case of the agreement"] 1. A provocative act by one nation toward another, entitling the latter to call upon an ally to fulfill the terms of an alliance. 2. A clause within a treaty of alliance specifying such provocative acts. 3. Contracts. A case or an event falling within the terms of a contract.

casus fortuitus (kay-sas for-t[y]oo-a-tas). [Latin] 1. A fortuitous event. 2. A loss not attributable to human fault.

casus improvisus (kay-sas im-pra-VI-zas). [Latin], An unforeseen case; a case not provided for. "Casus improvisus .... This phrase is of frequent occur· renee, and admits of varied illustration. Thus, if an Act of Parliament has been passed for the removal of some incon' venience, or the suppression of some evil, and specifies the circumstances or cases in which it is to have application, and a case occurs which is not specified by the Act, in which, nevertheless, the application of the Statute would be beneficial, this is a casus Improvisus, and neither the procedure nor the provisions of the Act can be applied to it. The Statute cannot be strained so as to be made applicable to a case for which it does not provide. Statutes, however, which are purely remedial are construed liberally. and are often extended to cases similar to those mentioned in the Act, although such cases do not fall within the letter of the enactment." John Trayner, Trayner's Latin Maxims 70 4th ed. 1894).

casus incogitati (ka-sas in-koj-i-tay-ti). [Law Latin], Circumstances unthought of. Circumstances that were not otherwise addressed in an instrument could be determined on equitable grounds.

casus insolitus (kay-sas in-sol-a-tas). [Latin]. An unusual circumstance; an unusual event.

casus major (kay-sas may-jar). [Latin], An extraordinary casualty.

casus male inclusus (kay-sas mal-ee in-kloo-sas). [Latin "case wrongly included"] A situation literally provided for by a statute or contract, but wrongly so because the provision's literal application has unintended or absurd consequences.

casus omissus (kay-sas a-mis-as). [Latin "case omitted"], A situation not provided for by a statute or contract, and therefore governed by caselaw or new judge-made law. Cf. CASUS (2). PI. casus omissi."At times a state of war appears to exist between the courts and the parliamentary draftsman. The courts decline to come to the rescue when a casus omissus is revealed, so words appropriate to cover the casus omissus are added to the statute. More frequently the draftsman gets in fIrst and, anticipating a strict construction by the courts coupled with a total lack of sympathy if there should happen to be a casus omissus, he produces a statute which is nothing less than horrific in its detail." Rupert Cross, Statutory Interpretation 11-12 (1976).

casus rarior (kay-sas rair-ee-or). An exceptional case. PI. casus rarjores.

catalla (ka-tal-a). [Law Latin "chattels"], 1. CHATTEL. Also termed catals. "Catals (catalla) alias chatels, cometh of the Normans. For. all movable goods . are called chatels: the contrary whereof is (fief) which we do call fee." John Cowell, The Interpreter (1607). 2. Cattle used for plowing.

catallis captis nomine districtionis (ka-tal-is kap-tis nahm-a-nee di-strik-shee-oh-nis). [Latin "chattels taken in name of distress"], A writ permitting a landlord who is owed rent to distrain (Le., seize) the doors, windows, and gates of the tenant's house.

catallis reddendis (ka-tal-is ri-den-dis). See DE CATALLIS REDDENDIS.

catals See CATALLA.

cataneus See CAPITANEUS.

cataua otiosa (ka-tal-a oh-shee-oh-sa). [Law Latin "nonworking chattels"], 1. Chattels that are not animals. 2. Animals not used for plowing or pulling plows or carts (averia carucae).

catch-all widely encompassing <the catchall factor allows the jury to consider all circumstances extenuating the gravity of the crime>.

catch-all- See BROADENING STATEMENT.

catching bargain An agreement on unconscionable terms to purchase real property from - or loan money secured by real property to - a person who has an expectant or reversionary interest in the property.

catching bargain- See BARGAIN.

catchpoll (kach-pohl). A sheriff's deputy or bailiff. Also spelled catchpol; catchpole. "Catchpol ... (One that catches by the Poll) Though now taken as a word of Contempt, yet in ancient times, it was used, without reproach, for such as we now call Sergeants of the Mace, Bailiffs, or any other that use to Arrest Men upon any Action." Thomas Blount, Nomo-Lexicon: A LawDictionary (1670).

categorical question See QUESTION (1).

categorical question 1. LEADING QUESTION. 2. (often pl.) One of a series of questions, on a particular subject, arranged in systematic or consecutive order.

cater cousin (kay-tar). A distant relative. The term derives from the French quatrecousin, meaning a cousin in the fourth degree.

cathedral The principal church ofa diocese, in which the bishop's throne, or cathedra, is situated.

cathedral preferment In a cathedral church, a deanery, archdeaconry, canonry, or other office below the rank of bishop.

catholic creditor See CREDITOR.

catholic creditor- A person who has a security interest in more than one piece of the debtor's property.

Catoniana regula (ka-toh-nee-ay-na reg-ya-Ia). See REGULA CATONIANA.

cats and dogs 1. Nonperforming securities. 2. Highly speculative securities. "Wall Street disdainfully regards most penny stocks as cats and dogs, a popular phrase in use since 1879 to describe low-priced, often worthless, speculative securities. The Single word dog also means a worthless security, and the related pup meant a low-priced, inactive stock during the 1940s and 19505." Kathleen Odean, High Steppers, Fallen Angels, and Lollipops: Wall Street Slang 10 (1988).

cattle rustling The stealing of cattle.

cattle-trespass See TRESPASS.

caucus (kaw-kas), 1. Representatives from a political party who assemble to nominate candidates and decide party policy. [Cases: Elections 2. A meeting of a group, usu. within a deliberative assembly, of people aligned by party or interest to formulate a policy or strategy. caucus, vb. 'The term caucus also sometimes applied to a similar meeting of all the known or admitted partisans of a particular position on an important issue in a convention or any other deliberative assembly who meet to plan strategy toward a deSired result within the assembly. Such a meeting may be held on the presumed informal under· standing that those who attend will follow the deciSions of the caucus." Henry M. Robert, Robert's Rules of Order Newly Revised § 59, at 588 (10th ed. 2000).

causa (kaw-za), [Latin]. 1. CAUSE (1). "One of the vaguest terms of the Roman juristic language. Starting from the basic meaning of cause, reason, inducement, the jurists use it in very different senses Causa is the reason for which some judicial measures (actions, exceptions, interdicts) were introduced by the praetor Sometimes causa is roughly identical with animus when it alludes to the subjective motive, intention, or purpose of a person." Adolf Berger, Encyclopedic Dictionary ofRoman Law 382-83 (1953).

causa causae est causa causati (kaw-za kaw-zee est kaw-za kaw-zay-tI). [Latin "the cause of a cause is the cause of the thing caused"]. Torts. The principle that the cause of the cause (rather than only the immediate cause) should also be considered as the cause of the effect.

causa causans (kaw-za kaw-zanz). An immediate or effective cause. See immediate cause under CAUSE (1).

causa cognita (kaw-za kog-ni-ta). [Latin], After investigation; the cause (or facts) having been ascertained. Cf. POST CAUSAM COGNITAM. "Formerly, inhibitions were not granted except causa cognita (although a different rule now prevails), because they imposed a restraint on the full exercise of the rights of property; and in our own time decrees of divorce or judicial separation are not granted, except on inquiry into the facts, and cause shown warranting such orders." John Trayner, Trayner's Latin Maxims 71-72 (4th ed. 1894).

causa data causa non secuta (kaw-za day-ta kaw-za non si-kyoo-ta). [Latin] Roman law. The consideration having been given but the counterpart not having followed. The phrase appeared in reference to consideration promised for an act that never took place e.g., an advance payment for work not done, or a gift given in contemplation of marriage before the wedding was called off. See CONDICTIO.

causa debendi (kaw-za di-ben-dI). [Latin], The grounds of debt.

causa et modus transferendi dominii (kaw-za et moh-das trans-far-en-dI da-min-ee-I). [Law Latin], The title and the manner of transferring property. Also (erroneously) spelled causa et modus transferrendi dominii.

causa falsa (fal-sa [or fawl-sa] kaw-za). See falsa causa.

causa falsa- See falsa causa under CAUSA (2).

causa jactitationis maritagii (kaw-za jak-ti-tay-shee-oh-nis mar-a-tay-jee-I). [Latin "cause of assertion of marriage") See JACTITATION OF MARRIAGE.

causa jactitationis maritagii- (kaw-za jak-ti-tay-shee-oh-nis mar-a-tay-jee-I). [Latin "cause of assertion of marriage"], See JACTITATION OF MARRIAGE.

causa lucrativa See LUCRATIVA CAUSA.

causa matrimonii praelocuti (kaw-za ma-tra-moh-nee-I pree-Ia-kyoo-ti). [Latin "cause of prearranged marriage"], A writ ofentry available to a woman who had given land to a suitor who refused to marry her within a reasonable time. Also termed entry for marriage in speech.

causa matrimonii praelocuti- See CAUSA (1).

causa mortis (kaw-za mor-tis), Done or made in contemplation of one's own death. See gift causa mortis under GIFT.

causa non secuta (kaw-za non sa-kyoo-ta). [Latin "the(expected) consideration not having followed"], Roman law. A consideration that has failed; failure of consideration.

causa non secuta- See CAUSA (2).

causa promissionis (kaw-za pra-mish-ee-oh-nis). The doctrine that an informal undertaking does not oblige if it lacks a good cause.

causa proxima (kaw-za prok-si-ma). The immediate or latest cause. See proximate cause under CAUSE.

causa proxima- See CAUSA (1).

causa remota (kaw-za ri-moh-ta). A remote or indirect cause. See remote cause under CAUSE.

causa remota- See CAUSA (1).

causa scientiae (kaw-za sI-en-shee-ee). [Law Latin] Scots law. Cause of knowledge. The phrase typically referred to a witness's basis for drawing a particular conclusion, esp. in a case involving scientific expertise.

causa sine qua non (kaw-za-sl-nee kway non also sin-ay kwah nohn). A necessary cause; the cause without which the thing cannot be or the event would not have occurred. See but-for cause under CAUSE (1). 2. Roman & civil law. A consideration or inducement. 'The revolution of the ancient law of Contract was con· summated when the Praetor of some one year announced in his Edict that he would grant equitable actions upon Pacts which had never been matured at all into Contracts, provided only that the Pacts in question had been founded on a consideration (causa)." Henry S. Maine, Ancient Law 28 (l7th' ed. 1901). "Article 1131 of the French Civil Code provides that: 'L'obligation sans cause, ou sur une fausse cause, ou sur une cause illicite, ne peut avoir aucun effet.' This cause or causa is a synonym for consideration, and we find the terms used interchangeably in the earlier English authorities." John Salmond, Jurisprudence 361 (Glanville L. Williams ed., 10th ed. 1947).

causa sine qua non- See CAUSA (1).

causaartor (kaw-zay-t), [Latin "promoter of litigation"], 1. A litigant. 2. A person who manages or litigates a cause for another.

causal (kaw-zal), 1. Of, relating to, or involving causation <a causal link exists between the defendant's action and the plaintiff's injury>. 2. Arising from a cause <a causal symptom>. Cf. CAUSATIVE.

causal challenge See challenge for cause under CHALLENGE (2).

causal challenge- See challenge for cause.

causality (kaw-zal-a-tee), The principle of causal relationship; the relation between cause and effect <the foreseeability test is one of duty and of causality>. Also termed causation. causal, adj.

causam nobis significes quare (kaw-zam noh-bis sig-nif-a-seez kwair-ee). [Latin "that you signify to us the cause why"], A writ ordering a town's mayor to give seisin of land to a grantee of the king.

causare (kaw-zair-ee), [Law Latin fro Latin causari "to litigate"] To litigate; to show cause against.

causation (kaw-zay-shan). 1. The causing or producing of an effect <the plaintiff must prove causation>. 2. CAUSALITY. "Here is the key to the juridical treatment of the problems of causation. We pick out the cause which in our judgment ought to be treated as the dominant one with reference, not merely to the event itself, but to the jural consequences that ought to attach to the event." Benjamin Cardozo, The Paradoxes of Legal Science 83 (1928).

causative (kaw-za-tiv), 1. Effective as a cause or producing a result <causative factor of the accident>. 2. Expressive of causation <the causative relationship between drinking and assault>. Cf. CAUSAL.

cause 1. Something that produces an effect or result <the cause of the accident>. "It has been said that an act which in no way contributed to the result in question cannot be a cause of it; but this, of course, does not mean that an event which might have happened in the same way though the defendant's act or omission had not occurred, is not a result of it. The question is not what would have happened, but what did happen." Joseph H. Beale, The Proximate Consequences of an Act, 33 Harv. L. Rev. 633, 638 (1920).

cause- To bring about or effect <dry conditions caused the fire>.