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cepit (see-pit). [Latin], He took. This was the main verb in a declaration in an action for trespass or replevin.

cepit et abduxit (see-pit et ab-duk-sit). [Latin]. He took and led away.o This declaration appeared in either a writ of trespass or a larceny indictment for theft of an animal.

cepit et asportavit (see-pit et as-por-tay-vit). [Latin]. He took and carried away .This declaration appeared in either a writ of trespass or a larceny indictment for a defendant's wrongfully carrying away goods.

cepit in alia loco (see-pit in ay-lee-oh loh-koh] [Latin]. He took in another place .This phrase appeared in a replevin-action pleading in which a defendant asserted that the property had been taken at a place other than that named in the plaintiff's declaration.

ceq COUNCIL ON ENVIRONMENTAL QUALITY.

cera impressa (seer-a im-pres-a). [Latin "impressed wax"]. An impressed seal. Cera impressa originally referred only to wax seals, but later came to include any impressed seal, regardless of the substance impressed. See SEAL. ''The courts have held that an impression made on wafers or other adhesive substance capable of receiving an impreSSion comes within the definition of 'cera impressa.' If then wax be construed to be merely a general term including any substance capable of receiving and retaining the impression of a seal, paper, if it has that quality, may well be included in the category. The machine now used to impress public seals does not require any substance to receive or retain the impression, which is as well defined, as durable less likely to be defaced than that made on wax. It is the seal which authenticates, not the substance impressed." William C. Anderson, A Dictionary of Law 926 (1889).

cerage (seer-ij). See WAX SCOT.

ceratium (si-ray-shee-am). See WAX SCOT.

cercla (sar-kla). Comprehensive Environmental Response, Compensation, and Liability Act of 1980. This statute holds responsible parties liable for the cost of cleaning up hazardous-waste sites. 42 USCA §§ 9601 et See SUPERFUND. "CERCLA is probably the most controversial environmental law ever enacted. Supporters praise it as a vital program to safeguard human health and the environment from the toxic consequences of decades of irresponsible waste handling. Citing cost estimates ranging up to $750 billion, critics deride it as an extraordinarily expensive measure which imposes crippling liability on innocent parties to fund dean·ups which are either unnecessary or largely ineffective." John G. Sprankling & Gregory S. Weber, The Law of Hazardous Wastes and Toxic Substances in a Nutshell 256 (1997).

ceremonial marriage See MARRIAGE (3).

cert CERTIORARI.

cert pool A group of clerks in the U.S. Supreme Court who read petitions for certiorari and write memorandums for the justices with a synopsis of the facts and issues and often a recommendation of whether a grant of certiorari is warranted. "The cert pool is not without its critics. Some commenta· tors have contended that inexperienced clerks in the cert pool give short shrift to cases of practical importance in favor of cases presenting esoteric legal questions other critics have contended that the cert pool does little to advance its stated goal of efficiency Pool clerks fre· quently must take the time to formally summarize petitions that would occasion only a brief, candid recommendation to 'deny' from their own Justices." Robert L. Stern et aI., Supreme Court Practice 291 (8th ed. 2002).

certain contract See CONTRACT.

certain contract- A contract that will be performed in a stipulated manner. Cf. aleatory contract.

certans de damno vitando (sar-tanz dee dam-noh VI-tan-doh). [Law Latin]. Striving to avoid a loss.

certans de lucro captando (sar-tanz dee loo-kroh kap-tan-doh). [Law Latin]. Striving to make a gain; attempting to obtain an advantage.

certificando de recognitione stapulae (sar-ti-fi-kan-doh dee rek-ag-nish-ee-oh-nee stay-pya-Iee). [Law Latin "by certifying the recognition of the statute staple"] A writ commanding the holder of certain commercial debt instruments (i.e., the mayor of the staple) to certify to the lord chancellor the existence and terms of a statute staple (i.e., a bond for commercial debt) wrongfully detained by a party to the bond. See STATUTE STAPLE.

certificat d'utilite Patents. [French] UTILITY MODEL.

certificate 1. A document in which a fact is formally attested <death certificate>. See STOCK CERTIFICATE. 2. A document certifying the bearer's status or authorization to act in a specified way <nursing certificate>. 3. A notice by one court to another court of the action it has taken <when issuing its opinion, the Seventh Circuit sent a certificate to the Illinois Supreme Court>.

certificate of qualification See CERTIFICATE OF AUTHORITY (2).

certificate creditor See CREDITOR.

certificate creditor- A creditor of a municipal corporation who receives a certificate of indebtedness rather than payment because the municipality cannot pay the debt. Cf. warrant creditor.

certificate into chancery The decision of a common-law court on a legal question submitted by the chancery court.

certificate land See LAND.

certificate land Land in the western part of Pennsylvania set apart after the American Revolution to be bought with certificates that the soldiers received in lieu of pay. Cf. donation land.

certificate of acknowledgment See ACKNOWLEDGMENT (5).

certificate of amendmeut A document filed with a state corporation authority, usu. the secretary of state, reflecting changes made to a corporation's articles of incorporation.

certificate of appealability In an appeal from the denial of federal habeas corpus relief, a document issued by a United States circuit judge certifying that the prisoner showed that a constitutional right may have been denied. 28 USCA § 2253(c)(2). The prisoner does not have to show that the case would succeed on the merits, only that reasonable jurists would find the claim at least debatable. Miller-EI v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039 (2003). If the certificate is not issued, no appeal is possible. 28 USCA § 2253 (c)(l); Fed. R. App. P. 22(b). - Abbr. COA. Also termed (before 1996) certificate ofprobable cause (Abbr. CPC); certificate of reasonable doubt; writ ofprobable cause .

certificate of assize In England, a writ granting a retrial. The certificate of assize has been replaced by a court order granting a new trial.

certificate of authority 1. A document authenticating a notarized document that is being sent to another jurisdiction. The certificate assures the out-of-state or foreign recipient that the notary public has a valid commission. Also termed certificate of capacity; certificate of official character; certificate of authentication; certificate ofprothonotary; certificate of magistracy; apostille; verification. 2. A document issued by a state agency, usu. the secretary of state, granting an out-of-state corporation the right to do business in the state. Also termed (in some states) certificate of qualification.

certificate of bad faith In a case in which a party has been allowed to proceed in a United States District Court in forma pauperis, a court-issued document attesting that an appeal by that party would be frivolous and therefore should not be allowed unless the party pays the ordinary filing fees and costs. 28 USCA § 1915 (a)(3). Cf. CERTIFICATE OF GOOD FAITH.

certificate of capacity See CERTIFICATE OF AUTHORITY (1).

certificate of conference A section of a pleading or motion filed with the court, usu. contained separatelyon a page near the end of the document, whereby the party filing the pleading or motion certifies to the court that the parties have attempted to resolve the matter, but that a judicial determination is needed because an agreement could not be reached .o Courts require some motions to have a certificate of conference attached to them. This compels the parties to try to resolve the issue themselves, without burdening the court unless necessary. Fed. R. Clv. P. 26(c), 37.

certificate of convenience and necessity A certificate issued by an administrative agency granting operating authority to a utility or transportation company. Also termed certificate of public convenience and necessity.

certificate of conviction A signed and certified warrant authorizing a person's imprisonment after an adjudication of guilt.

certificate of correction 1. A document that corrects an error in an official document, such as a certificate of incorporation. 2. Patents. A document issued by the U.S. Patent and Trademark Office after a patentee or assignee rectifies a minor error unrelated to either questions of ownership or else defects in a patent application's specifications or drawings .o The certificate can correct only three types oferrors: (1) mistakes made by the PTO, (2) minor clerical or typographical errors, and (3) the omission or misidentification of an inventor's name. 35 USCA §§ 254-256. Cf. reissue patent under PATENT (3).

certificate of deposit 1. A banker's certificate acknowledging the receipt of money and promising to repay the depositor. Also termed certificate ofindebtedness. 2. A bank document showing the existence of a time deposit, usu. one that interest. - Abbr. CD.

certificate of discharge See SATISFACTION PIECE.

certificate of dishonor See NOTICE OF DISHONOR.

certificate of dissolution A document issued by a state authority (usu. the secretary of state) certifying that a corporation has been dissolved.

certificate of election A document issued by a governor, board of elections, or other competent authority certifying that the named person has been duly elected.

certificate of good faith In a case in which a party has been allowed to proceed in a United States District Court in forma pauperis, a document issued by the court attesting that an appeal by the party would not be frivolous, so the party should not be required to pay costs or security . District judges occasionally issue certificates of good faith even though they are never required: a party is allowed to appeal in forma pauperis unless the court issues a certificate of bad faith. 28 USCA § 1915(a)(3). Cf. CERTIfICATE OF BAD FAITH.

certificate of holder of attached property A certificate given by a person who holds but does not own property attached by a sheriff . The certificate sets forth the holder's interest in the property.

certificate of incorporation 1. A document issued by a state authority (usu. the secretary of state) granting a corporation its legal existence and the right to function as a corporation. Also termed charter; corporate charter. 2. ARTICLES OF INCORPORATION.

certificate of indebtedness 1. See DEBENTURE. 2. See TREASL'RY BILL. 3. See CERTIFICATE OF DEPOSIT (1).

certificate of insurance A document acknowledging that an insurance policy has been written, and setting forth in general terms what the policy covers.

certificate of interest A document evidencing a fractional or percentage ownership in oil-and-gas production.

certificate of magistracy See CERTIFICATE OF AUTHORITY (1).

certificate of marriage See MARRIAGE CERTIFICATE.

certificate of merit A certificate, Signed by the plaintiff's attorney and filed with the complaint in a civil suit, declaring that the plaintiff's attorney has conferred with at least one competent expert and after ward concluded that the suit has merit . Many states have a law mandating certificates of merit in certain types of cases, such as professional malpractice. The law's purpose is to weed out frivolous claims as early as possible. Jn those states, if a certificate is not filed with the complaint, the action is usu. dismissed. If the law requires the certificate to be signed under oath or penalty of perjury, it is sometimes called an affidavit of merit.

certificate of occupancy A document indicating that a building complies with zoning and building ordinances, and ready to be occupied. A certificate of occupancy is often required before title can be transferred and the building occupied.

certificate of official character See CERTIFICATE OF AUTHORITY (1).

certificate of probable cause See CERTIFICATE OF APPEALABILITY.

certificate of proof See PROOF OF ACKNOWLEDGMENT.

certificate of protest See NOTICE OF DISHONOR.

certificate of prothonotary See CERTIFICAn: OF AUTHORITY (1).

certificate of public convenience and necessity See CERTIFICATE OF CONVENIENCE AND NECESSITY.

certificate of purchase A document reflecting a successful bid for property at a judicial sale. The bidder receives a property deed if the land is not redeemed or if the sale is confirmed by court order. Also termed certificate of sale.

certificate of reasonable doubt See CERTIFICATE OF APPEALABILITY.

certificate of redemption A document issued by a sheriff or other statutorily designated officer to a debtor whose property has been foreclosed as evidence that the debtor paid the redemption price for the foreclosed property. See statutory redemption under REDEMPTION.

certificate of registration A U.S. Copyright Office document approving a copyright application and stating the approved work's registration date and copyright registration number. 2. Trademarks. A document affirming that the U.S. Patent and Trademark Office has allowed and recorded a trademark or servicemark. The certificate identifies (1) the registered mark, (2) the date of first use, (3) the type of product or service the mark applies to, (4) the registration number and date, (5) the registration's term, (6), the original application date, and (7) any conditions or limitations on registration.

certificate of registry Maritime law. A document certifying that a ship has been registered as required by law. See REGISTRY (2).

certificate of rehabilitation A document issued in some states by a court or other authorized governmental agency, such as a parole board, as evidence that a certification of labor union convicted offender is entitled to recover at least some of the rights and privileges of citizenship. The terms and conditions under which certificates of rehabilitation are issued vary widely among the states that use them. Some states, such as New York, issue different kinds of rehabilitation certificates based on the number or type of convictions. 2. A document issued by a (usu.local) government on the renovation, restoration, preservation, or rehabilitation of a historic building. The certificate usu. entitles the property owner to favorable tax treatment. 3. A document attesting that substandard housing has been satisfactorily renovated and meets housing-code standards.

certificate of sale See CERTIFICATE OF PURCHASE.

certificate of service A section of a pleading or motion filed with the court, usu. contained separately on the last page, in which the filing party certifies to the court that a copy has been mailed to or otherwise served on all other parties. A certificate of service is usu. not included with the initial pleading that the plaintiff files to begin a suit, because that pleading is usu. filed before it is served (although the plaintiff may be required to file proof of service). Other pleadings and motions are usu. required to have a certificate of service. Fed. R. Civ. P. Sed). Also termed proof of service.

certificate of stock See STOCK CERTIFICATE.

certificate of title A documentindicating ownership of real or personal property. UCC § 9-102(a)(1O). This document usu. identifies anv liens or other encumbrances.

certificated security See SECURITY.

certificated security A security that is a recognized investment vehicle, belongs to or is divisible into a class or series of shares, and is represented on an instrument payable to the bearer or a named person. UCC § 8-102(1)(4).

certification 1. The act of attesting. 2. 'The state of having been attested. 3. An attested statement. 4. The writing on the face of a check by which it is certified. 5. A procedure by which a federal appellate court asks the U.S. Supreme Court or the highest state court to review a question oflaw arising in a case pending before the appellate court and on which it needs gUidance. Certification is commonly used with state courts, but the U.S. Supreme Court has steadily restricted the number of cases it reviews by certification. See 28 USCA § 1254(2). Cf. CERTIORARI.

certification authority An organization that issues digital certificates and maintains a database of certificates available on the Internet. Many states have licenSing laws for certification authorities. Also termed certifying authority. Abbr. CA.

certification hearing See transfer hearing under HEARING.

certification hearing- See transfer hearing.

certification mark See certification trademark under TRADEMARK.

certification of bargaining agent See UNION CERTIFICATION.

certification of labor union See UNION CERTIFICATION.

certification to state court The procedure by which a federal court ofappeals defers deciding a novel question of state law by certifying the question to the highest court of the state. See CERTIFICATION (5).

certification trademark See TRADEMARK.

certified check See CHECK.

certified check- A depositor's check drawn on a bank that guarantees the availability of funds for the check. The guarantee may be by the drawee's signed agreement to pay the draft or by a notation on the check that it is certified.

certified copy See COPY.

certified copy- A duplicate of an original (usu. official) document, certified as an exact reproduction usu. by the officer responsible for issuing or keeping the original. - Also termed attested copy; exemplified copy; verified copy.

certified file history A patent application together with records of all proceedings and correspondence related to its prosecution, as certified by the u.s. Patent and Trademark Office for appeals, arbitration, and other postprosecution proceedings. Cf. FILE WRAPPER.

certified financial planner See FINANCIAL PLANNER.

certified financial statement See FINANCIAL STATEMENT.

certified financial statement- A financial statement examined and reported by an independent public or certified public accountant. SEC Rule 12b-2 (17 CPR § 240.12b-2).

certified juvenile See JGVENILE.

certified juvenile A juvenile who has been certified to be tried as an adult.

certified mail See MAIL.

certified military lawyer See LAWYER.

certified public accountant accountant who has satisfied the statutory and administrative requirements to be registered or licensed as a public accountant. Abbr. CPA. 2. A defendant in an action of account.

certified public accountant- See ACCOUNTANT.

certified question A point of law on which a federal appellate court seeks guidance from either the U.S. Supreme Court or the highest state court the procedure of certification.

certify 1. To authenticate or verify in writing. 2. To attest as being true or as meeting certain criteria. 3. (Of a court) to issue an order allowing a class of litigants to maintain a class action; to create (a class) for purposes of a class action. See CERTIFICATION. Cf. DECERTIFY. certified, adj.

certifying authority See CERTIFICATION AUTHORITY.

certiorari (sar-shee-a-rair-I or -rair-ee or -rah-ree). [Law Latin "to be more fully informed"] (15c) An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review . The writ evolved from one of the prerogative writs of the English Court of King's Bench, and in the United States it became a general appellate remedy. The U.S. Supreme Court uses certiorari to review most of the cases that it decides to hear. Abbr. cert. Also termed writ ofcertiorari. Cf. CERTIFICATION (S). "The established method by which the Court of King's Bench from the earliest times exercised superintendence over the due observance of their limitations by inferior courts, checked the usurpation of jurisdiction, and main· rained the supremacy of the royal courts, was by writs of prohibition and certiorari. A proceeding by writ of certio· rari (cause to be certified) is a special proceeding by which a superior court requires some inferior tribunal, board. or judicial officer to transmit the record of its proceedings for review, for excess of jurisdiction. It is similar to a writ of error, in that it is a proceeding in a higher court to super· intend and review judicial acts, but it only lies in cases not appealable by writ of error or otherwise." Benjamin J. Shipman, Handbook ofCommon· Law Pleading § 340, at 541 (Henry Winthrop Ballantine ed., 3d ed. 1923). "The discretionary writ of certiorari has come to control access to almost all branches of Supreme Court jurisdic· tion. Appeal jurisdiction has been narrowly limited, and certification of questions from federal courts of appeals has fallen into almost complete desuetude. Certiorari control over the cases that come before the Court enables the Court to define its own institutional role." Charles Alan Wright et aI., Federal Practice and Procedure § 4004,at 22 (2d ed.1996).

certiorari facias (sar-shee-a-rair-I fay-shee-as). [Latin "a cause to be certified"] The command of a writ of certiorari, referring to certification of the court recordfor review.

certiorari petition A petition seeking discretionary review from an appellate court. See CERTIORARI.

certiorari petition See PETITION.

certum an et quantum debeatur (sar-tam an et kwon-tam dee-bee-ay-tar). [Law Latin], Certain whether there is a debt due at all, and how much is owed? These were the two questions that had to be resolved before a defendant could make a plea in compensation.