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cause celebre (kawz sa-Ieb or kawz say-Ieb-ra). [French "celebrated case"] (I8c) A trial or decision in which the subject matter or the characters are unusual or sensational <the O.J. Simpson trial was a cause celebre in the 1990s>.

cause in fact See but-for cause under CAUSE (1).

cause lawyering The practice ofa lawyer who advocates for social justice by combining the activities oflitigation, community organizing, public education, and lobbying to advance a cause past its current legal lim itations and boundaries. Also termed activist lawyering; progressive lawyering; radical lawyering. See social justice under JUSTICE. Cf. PUBLIC-INTEREST LAW.

cause list See DOCKET (2).

cause of action 1. A group ofoperative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person; CLAIM (4) <after the crash, Aronson had a cause of action>. "What is a cause of action? Jurists have found it difficult to give a proper definition. It may be defined generally to be a situation or state of facts that entitles a party to maintain an action in a judicial tribunal. This state of facts may be (a) a primary right of the plaintiff actually violated by the defendant; or (h) the threatened violation of such right, which violation the plaintiff is entitled to restrain or prevent, as in case of actions or suits for injunction; or (e) it may be that there are doubts as to some duty or right, or the right beclouded by some apparent adverse right or claim, which the plaintiff is entitled to have cleared up, that he may safely perform his duty, or enjoy his property." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 170 (2d ed. 1899). 2. A legal theory of a lawsuit <a malpractice cause of action>. Cf. RIGHT OF ACTION. Also termed (in senses 1 & 2) ground of action.

cause-and-prejudice rule The doctrine that a prisoner petitioning for a federal writ of habeas corpus on the basis of a constitutional challenge must first show that the claim rests on either a new rule of constitutional law (one that was unavailable while the case was heard in the state courts) or a fact that could not have been uncovered earlier despite due diligence' and then show by clear and convincing evidence that if the constitutional error had not occurred, the prisoner would not have been convicted. 28 USCA § 2254(e)(2) . o This is an exception to the proceduraldefault doctrine. Before 1996, the cause-and-prejudice rule allowed federal courts to grant relief on the basis of a constitutional challenge that was not presented to the trial if the prisoner showed good cause for failing to make the challenge at trial, and also showed that the trial court's error actually prejudiced the prisoner.

cause-of-action estoppel See COLLATERAL ESTOPPEL.

causidicus (kaw-zid-a-kas), [Latin "pleader"], Roman law. A speaker or pleader who pleaded cases orally for others. Cf. ADVOCATUS.

cautio (kaw-shee-oh), [Latin "security"] Roman & civil law. 1. Security usu. given to ensure the performance of an obligation. See BAIL (1); BOND (2). 2. A surety. PI. cautiones (kaw-shee-oh-neez).

cautio fidejussoria (kaw-shee-oh fI-dee-ya-sor-ee-a). [Latin] Security given by a third party in a contract offidejussio. See FIDEJUSSION.

cautio judicatum solvi (kaw-shee-oh joo-di-kay-tam sol-vI). [Latin] A plaintiff's security for court costs. Also spelled cautio judicatam solvi.

cautio muciana (kaw-shee-oh myoo-shee-ay-na). (Latin "security introduced by Mucius Scaevola"] Security given by an heir or legatee to obtain immediate possession of a conditional inheritance. The condition in the will usu. required an heir to refrain from doing some act, such as marriage or overseas travel.

cautio pigneratitia (kaw-shee-oh pig-nar-a-tish-ee-a). [Latin "security by pledge"] Security given by pledging goods. Also spelled cautio pigneraticia; cautio pignoratitia. Cf. actio pigneratitia under ACTIO.

cautio pro expensis (kaw-shee-oh proh ek-spen-sis). [Latin "security for costs"] Security for court costs.

cautio usufructuaria (kaw-shee-oh yooz-ya-frak-choo-air-ee-a). [Latin "tenant's security"] Security given by a usufructuary or tenant for life or a term of years against waste of the enjoyed property. See USUFRUCT.

caution (kay-shan). 1. Security given to ensure performance of some obligation. See JURATORY CAUTION (2). 2. The person who gives the security; a cautioner. See BAIL (4).

caution money See EARNEST MONEY.

cautionary instruction See JURY I~STRUCTION.

cautionary instruction 1. A judge"s instruction to the jurors to disregard certain evidence or consider it for specific purposes only. 2. A judge"s instruction for the jury not to be influenced by outside factors and not to talk to anvone about the case while the trial is in progress.

cautione admittenda See DE CAUTIONE ADMITTENDA.

cautioner (kaw-shan-ar or [in senses 2 and 3] kay- shan-ar], 1. A person who cautions or warns. 2. Civil & Scots law. A person who puts up security to ensure the performance of some obligation. 2. Scots law. A personal security.

cautionry (kay-shan-ree), Scots law. The obligation to act as surety for another.

caveat (kav-ee-aht or kay-vee-at or kav-ee-at). [Latin "let him or her beware"]. 1. A warning or proviso <he sold the car to his friend with the caveat that the brakes might need repairs>.

caveat actor (ak-tor). [Latin]. Let the doer, or actor, beware.

caveat emptor (emp-tor). [Latin "let the buyer beware"] A doctrine holding that purchasers buy at their own risk. Modern statutes and cases have greatly limited the importance of this doctrine. "It [caveat emptor] is one of that tribe of anonymous Latin maxims that infest our law ... they fill the ear and sound like sense, and to the eye look like learning; while their main use is to supply the place of either or both." Gulian C. Verplanck, An Essay on the Doctrine of Contracts 218 (1825). "Caveat emptor is the ordinary rule in contract. A vendor is under no duty to communicate the existence even of latent defects in his wares unless by act or implication he represents such defects not to exist." William R. Anson, Principles of the Law of Contract 245 (Arthur l. Corbin ed., 3d Am. ed. 1919). ''This action of unfair competition is the embodiment in law of the rule of the playground - 'Play fair!' For generations the law has enforced justice .... The maxim caveat emptor is founded on justice; the more modern rule that compels the use of truth in selling goods is founded on fairness. It conflicts with the rule of caveat emptor." Harry D. Nims, The Law of Unfair Competition and Trade·Marks 25 (1929).

caveat venditor (ven-di-tor). [Latin], Let the seller beware.

caveat viator (vI-ay-tor). [Latin "let the traveler beware"]. The duty of a traveler on a highway to use due care to detect and avoid defects in the way. 2. A formal notice or warning given by a party to a court or court officer requesting a suspension of proceedings <the decedent's daughter filed a caveat stating the facts on which her will contest is based>. 3. Under the Torrens system ofland titles, a formal notice of an unregistered interest in land. Once lodged with the register ofdeeds, this notice prevents the register from recording any dealing affecting the estate or the interest claimed. See TORRENS SYSTEM. - caveat, vb.

caveatable (kay-vee-at-a-bal), Of or relating to a legal or equitable interest that is protectable by a caveat. See CAVEAT (2), (3).

caveatee (kay-vee-at-ee). One whose interest is challenged by a caveat.

caveator (kay-vee-ay-tar). One who files a caveat, esp. to challenge the validity of a will; CONTESTANT (1).

cba COLLECTIVE-BARGAINING AGREEMENT.

cbo CONGRESSIONAL BUDGET OFFICE.

cboe CHICAGO BOARD OPTIONS EXCHANGE.

cbot CHICAGO BOARD OF TRADE.

cbt CHICAGO BOARD OF TRADE.

cc 1. Circuit, city, civil, or county court. 2. Chancery, civil, criminal, or Crown cases. 3. CIVIL CODE.

ccc 1. COMMODITY CREDIT CORPORATION. 2. CUSTOMS COOPERATION COUNCIL.

ccommodation subpoena See friendly subpoena under SUBPOENA.

ccpa 1. COURT OF CUSTOMS AND PATENT APPEALS. 2. CONSUMER CREDIT PROTECTION ACT.

ccr UNITED STATES COMMISSION ON CIVIL RIGHTS.

cd CERTIFICATE OF DEPOSIT.

cdc CENTERS FOR DISEASE CONTROL AND PREVENTION.

cdfI fund COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION FUND.

cdt An adherent to the Critical-legal-studies school of thought. Also termed clser; Critic; critter.

cea COUNCIL OF ECONOMIC ADVISORS.

ceap (cheep). Anything for sale; a chattel (usu. cattle) used as a medium for barter.

ceapgild (cheep-gild). A tax or fine paid with an animal rather than with money. Also spelled ceapgilde.

cease 1. To stop. forfeit, suspend, or bring to an end. 2. To become extinct; to pass away. cessation (se-say-shan), n.

cease-and-desist letter A cautionary notice sent to an alleged wrongdoer, describing the offensive activity and the complainant's remedies and demanding that the activity stop. A cease-and-desist letter is commonly used to stop or block the suspected or actual infringement of an intellectual-property right before litigation. Ignoring a cease-and-desist letter may be used as evidence that the infringement was willful

cease-and-desist order A court's or agency's order prohibiting a person from continuing a particular course of conduct. See INJUNCTION; RESTRAINING ORDER.

ceasefire See TRUCE.

cedant See REINSURED.

cede 1. To surrender or relinquish. 2. To assign or grant. cession (sesh-an), cessionary (sesh-an-er-ee), adj.

cedent See REINSURED.

cedula (say-doo-lah). [Spanish] Spanish law. 1. An official document used to identify someone; an identity card. 2. A promissory note. 3. A summons; specif a citation requiring a fugitive to appear in court to face criminal charges. The citation is usu. affixed to the fugitive's door. 4. A decree of the Spanish Crown; esp., a royal enactment issued by the Council of Castile or of the Indies.

ceiling price See PRICE.

ceiling price 1. The highest price at which a buyer is willing to buy. 2. The highest price allowed by a government agency or by some other regulatory institution.

ceiling rent The maximum rent that can be charged under a rent-control regulation.

ceiling rent See RENT (1).

cenegild (kay-na-gild). An expiatory fine paid by a murderer to the victim's relatives.

censere (sen-seer-ee), [Latin "to express an opinion"] Roman law. To decree or resolve.

censo (sen-soh). [Spanish] Spanish law 1. The census; specif., an official count of the people within a nation, state, district, or other political subdivision. 2. Ground rent. 3. An annuity or payment for the use of land.

censo reservatio (ray-ser-vah-tee-oh). An annuity payable by a grantee of land to the grantor. The annuity is reserved when the land is transferred to the grantee.

censo al quitar (ahl kee-tahr]. A redeemable annuity. Also termed censo redimible.

censo consignativo (sen-soh kawn-seeg-nah-tee-voh). A transferable annuity backed by a lien on the debtor's real property. The debtor retains full legal title to the real property. Also termed censo consignatorio.

censo enfiteutico (en-fee-tay-oo-tee-koh). A real property owner's annuity from a usufructuary tenant; an annuity paid from an emphyteusis (a long-term lease of land). See EMPHYTEUSIS.

censo redimible See censo al quitar.

censor 1. Roman law. (ital.) A Roman officer who acted as a census taker, assessor, and reviewer of public morals. 2. A person who inspects publications, films, and the like for objectionable content. 3. In the armed forces, someone who reads letters and other communications and deletes material considered a security threat. censorial, adj. censorship, n.

censor- (sen-sar), To officially inspect (esp. a book or film) and delete material considered offensive.

censorial jurisprudence See LAW REFORM.

censorial jurisprudence See LAW REFORM.

censumethidus (sen-sa-meth-a-das). [Law Latin] See MORTMAIN. Also spelled censumorthidus.

censure (sen-shar), An official reprimand or condemnation; harsh criticism <the judge's careless statements subjected her to the judicial council's censure>. censorious, adj.

censure- To reprimand; to criticize harshly <the Senate censured the senator for his inflammatory remarks>.

census An official count of people made for the purpose of compiling social and economic data for the political subdivision to which the people belong. PI. censuses.

census bureau See BUREAU OF THE CENSUS.

centena (sen-tee-na). [fr. Latin centum "hundred"], A district containing 100 freemen, established among the Germans, Franks, Goths, and Lombards. The centena corresponds to the Saxon hundred.

centenarius (sen-ta-nair-ee-as). [fr. Latin centum "hundred-man"]. A petty judge or under-sheriff of a hundred. See HUNDRED.

center for minority veterans A unit in the U.S. Department of Veterans Affairs responsible for promoting the use of VA services, benefits, and programs by minority veterans.

center for women veterans A unit in the U.S. Department of Veterans Affairs responsible for advising female veterans about VA programs and for evaluating VA programs to ensure access by women.

center-of-gravity doctrine The rule that, in choice-of-Iaw questions, the law of the jurisdiction with the most significant relationship to the transaction or event applies. Also termed signiftcantrelationship theory; grouping oj contacts theory.

centers for disease control and prevention An agency in the U.S. Department of Health and Human Services responsible for conducting medical research, promoting disease and injury prevention, and responding to public-health emergencies . This agency was established in 1999 when the Department of Health and Human Services was reorganized. Its forerunner was the Communicable Diseases Center, established in 1964. Abbr. CDC.

centesirna (sen-tes-a-ma), [Latin "one-hundredth"] Roman law. The hundredth part; 1%. See USURAE CENTESIMAE.

central american court of justice A court created in 1962 under the 1951 Charter of the Organization of Central American States between Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua, to guarantee the rights of the various republics to maintain peace and harmony in their relations and to prevent recourse to the use of force.This court's predecessor of the same name was created by a 1908 convention between the same parties, and dissolved in 1918 when the convention expired. It was re-created in 1962 by the Organization of Central American States.

central clearing system A method of facilitating securities transactions in which an agent or subsidiary of an exchange acts as a clearinghouse for member brokerage firms by clearing their checks, settling their accounts, and delivering their payments. Most transactions are reflected solely by computerized book entries, and clearinghouse statements are submitted shOWing the net balance to be paid to reconcile the member firm's accounts.

central criminal court The Crown Court sitting in London, formerly known as the Old Bailey. The Central Criminal Court, created in 1834, has jurisdiction to try all indictable offenses committed in London. See CROWN COURT.

central criminal court- See CENTRAL CRIMINAL COURT.

central criminal court act See PALMER'S ACT.

central government See federal government (1) under GOVERNMENT.

central government- See federal government (1).

central Intelligence agency An independent federal agency that compiles intelligence information, conducts counterintelligence activities outside the United States, and advises the President and the National Security Council on matters of foreign intelligence and national security. It was created by the National Security Act of 1947.50 USC A § 401 et seq. Abbr. CIA. See NATIONAL SECURITY COUNCIL.

central office The primary office for most of England's courts . The Central Office was established in 1879 to consolidate the masters and associates of the common-law courts, and the clerical functions of the Crown Office of the Queen's Bench Division, the Report and Enrollment offices of the Chancery Division, and several other offices.

centumviri (sen-tan-va-ri), [Latin "hundred men"] Roman law. A court with jurisdiction to hear important cases, esp. those relating to inheritances and disputed wills. The court originally consisted of 105 judges 3 from each of the 35 tribes.

ceo CHIEF EXECUTIVE OFFICER.

ceorI A Saxon freeman who either possessed no landed property or held land of a thane by paying rent or providing services . After the Norman Conquest, ceorls were reduced to the status of unfree villeins. Under Norman rule, the variant form of the word, churl, became associated with a base peasant, and soon acquired the connotation of a surly, coarse person (hence the modern meaning). Also termed churl; cirliscus.

cepi (see-pI). [Latin]. I have taken Cepi was often used in a capias return by an arresting sheriff, as in cepi corpus et est in custodia ("I have taken the defendant [or body] and he is in custody"). "But for injuries committed with force to the person, property, or possession, of the plaintiff, the law, to punish the breach of the peace, and prevent its disturbance in the future, provided also a process against the defendant's person This process was called a capias ad respon· dendum, which at once authorised the sheriff to take the defendant, and imprison him till the return-day, and then produce him in court .... If by this process the defendant was arrested, the sheriff returned it with cepi corpus indorsed. But notwithstanding this writ commanded the sheriff to take and secure him till the return·day. he might, at his own peril, have let the defendant continue at large; though he was liable, in case of his non appearance in court, to make amends to the plaintiff in an action for an escape, or to be amerced by the court for the contempt, in not producing the body pursuant to the return he had made on the writ." George Crompton, Practice CommonPlaced: Rules and Cases of Practice in the Courts of King's Bench and Common Pleas xiii-xliii (3d ed. 1787).

cepi corpus et bail (see-pI kor pas et bayI). I have arrested and then released the defendant on a bail bond.

cepi corpus et committitur (see-pI kor-pas et ka-mit-a-tar). I have arrested and committed the defendant (to prison).

cepi corpus et est languidus (see-pI kor-pas et est lang-gwa-das). I have arrested the defendant and he is sick. This notation in a sheriff's return indicated that the defendant was too sick to be moved safely from the place of arrest.

cepi corpus etparatum habeo (see-pI kor-pas et pa-ray-tam hay-bee-oh). I have made an arrest and am ready to produce the defendant.