client stateA country that is obliged in some degree to cede some of the control of its external relations to some foreign power or powers. - Also termed satellite state. Cf. SOVEREIGN STATE. |
client stateSee STATE. |
client trust accountSee CLIENT TRUST ACCOUNT. |
client trust account-A bank account, usu. interest bearing, in which a lawyer deposits money belonging to a client (e.g., money received from a client's debtor, from the settlement of a client's case, or from the client for later use in a business transaction). Also termed trust account. |
clientela(kli-,an-tee-la), [Latin] Roman law. 1. Clientship; the relationship between a cliens and a patron. 2. A person's dependents. |
client's privilegeSee attorney-client privilege under PRIVILEGE (3). |
client-security fundSee FUND (1). |
clifford trustSee TRUST. |
clinchTo preclude further action on (an adopted motion or series of motions) by moving at once for reconsideration and then defeating that motion .The clincher motion in a legislative body usu. takes the form of a motion to "reconsider and lay on the table [the motion to reconsider]." Since the motion has just been debated and passed, there are almost always enough votes to defeat a motion to reconsider. clincher, n. |
clinical diagnosisSee DIAGNOSIS. |
clinical diagnosis-A diagnosis from a study of symptoms only. |
clinical legal studiesLaw-school training in which students participate in actual cases under the supervision of a practicing attorney or law professor. This training was first introduced in the late 19608 under the leadership of Gary Bellow and others. It provided law students with a substitute for traditional apprenticeship programs. Often shortened to clinical studies. Cf. CLERKSHIP (1). |
clinical pneumoconiosisAny medically recognized condition caused by coal-dust exposure while working in a coal mine and characterized by large, permanent deposits of particulate matter in the lungs, coupled with the lung tissue fibrotic reaction. Some examples of clinical pneumoconioses are silicosis or silicotuberculosis, massive pulmonary fibrosis, and anthrosilicosis. Cf.legal pneumoconiosis. |
clinical pneumoconiosisSee PNEUMOCONIOSIS. |
clog on the equity of redemptionAn agreement or condition that prevents a defaulting mortgagor from getting back the property free from encumbrance upon paying the debt or performing the obligation for which the security was given. See EQUITY OF REDEMPTION. |
close1. An enclosed portion of land. 2. The interest of a person in a particular piece of land, enclosed or not. 3. The final price of a stock at the end of the exchange's trading day. |
close corporationSee CORPORATION. |
close corporation-A corporation whose stock is not freely traded and is held by only a few shareholders (often within the same family). The requirements and privileges of close corporations vary by jurisdiction. Also termed closely held corporation; closed corporation; (when family owned) family corporation. |
close debateTo pass a motion that ends debate and amendment of a pending question or series of questions. The synonymous shorthand "previous question," a somewhat archaic and misleading term that several parliamentary manuals still use for this motion, has evolved over time. Two centuries ago, the motion was invented for suppressing an undesirable debate: if the original form "Shall the main question be put?" passed in the negative, then the body immediately stopped considering the pending question. The motion's form later became "that the main question shall now be put," which if passed in the affirmative brought the pending question to an immediate vote, and if passed in the negative had no effect. Also termed vote immediately. See CLOTURE. Cf. EXTEND DEBATE; LIMIT DEBATE . |
close nominationsTo end nominations from the floor by passage of a motion. |
close rollsSee CLAUSE ROLLS. |
close writSee WRIT. |
close-connectedness doctrineA doctrine used by some courts to deny an assignee of a negotiable note holder-in-due-course status if the assignee is too closely connected to the original holder-mortgagee. Also termed close-connection doctrine. |
closed1. (Of a class or organization) confined to a limited number <a closed mass-tort class> <nonunion workers were excluded from the closed shop>. 2. (Of a proceeding or gathering) conducted in secrecy <a closed hearing> <a closed shareholders' meeting>. |
closed mortgageSee closed-end mortgage under MORTGAGE. |
closed accountAn account that no further credits or debits may be added to but that remains open for adjustment or set off. |
closed account-See ACCOUNT. |
closed adoptionAn adoption in which the biological parent relinquishes his or her parental rights and surrenders the child to an unknown person or persons; an adoption in which there is no disclosure of the identity of the birth parents, adopting parent or parents, or child . Adoptions by stepparents, blood relatives, and foster parents are exceptions to the nodisclosure requirement. Also termed confidential adoption. Cf. open adoption; cooperative adoption. |
closed adoption-See ADOPTION |
closed briefIn law school, an appellate brief prepared by a student using only a stipulated factual outline and research materials provided in a package,Closed briefs are usu. aSSigned in first-year legal-writing classes, sometimes in preparation for moot court They may also be used to select among candi-dates for law review. |
closed brief-See BRIEF. |
closed corporationSee close corporation under CORPORATION. |
closed court1. The English Court of Common Pleas, open only to serjeants-at-law .The monopoly of the serjeants-at-law was abolished in 1845. 2. See closed session (2) under SESSION (1). 3. See closed session (3) under SESSION (1). |
closed court-See CLOSED COURT. |
closed insurance contractSee closed policy under INSURANCE POLlCY. |
closed memorandumSee MEMORANDUM. |
closed nonunion shopA shop in which the employer restricts employment to workers who are unaffiliated with any labor union. |
closed nonunion shopSee SHOP. |
closed policySee INSURANCE POLICY. |
closed policyAn insurance policy whose terms cannot be changed. A fraternal benefit society is not permitted to write closed policies. Also termed closed insurance contract. |
closed session1. See executive session. 2. A session to which parties not directly involved are not admitted. 3. Military law. A period during a courtmartial when the members (or the judge, if trial is before a military judge) deliberate alone. Also termed closed court. |
closed sessionSee SESSION (1). |
closed shopA shop in which the employer, by agreement with a union, employs only union members in good standing. Closed shops were made illegal under the federal Labor-Management Relations Act. - Also termed closed union shop. See PREHIRE AGREEMENT. Cf. closed union under UNION. |
closed shopSee SHOP. |
closed sourceOf or related to software that does not include the source code and cannot be modified without either damaging the program or violating the software developer's ownership rights . Proprietary software is usu. dosed source. |
closed testamentSee mystic will under WILL. |
closed transactionSee TRANSACTION. |
closed trialSee TRIAL. |
closed unionSee UNION. |
closed union shopSee closed shop under SHOP. |
closed willSee mystic will under WILL. |
closed-end fundSee MUTUAL FUND. |
closed-end mortgageSee MORTGAGE. |
closed-end mortgage bondA mortgage bond with provisions prohibiting the debtor from issuing additional bonds against the bond's collateral. |
closed-ended claimSee PATENT CLAIM. |
closed-ended claimA patent claim that expressly limits its scope to a list of elements, typically introduced by the phrase "consisting of. Cf. nearly closedended claim; open-ended claim. |
closed-shop contractA labor agreement requiring an employer to hire and retain only union members and to discharge nonunion members. See closed shop under SHOP. |
closed-universe memoSee closed memorandum under MEMORANDUM. |
close-jail executionSee EXECUTION. |
close-jail execution-A body execution stating that the person to be arrested should be confined in jail without the of movement about the jailyard. |
closely held corporationSee close corporation under CORPORATION. |
close-nexus testSee NEXUS TEST. |
closingThe final meeting between the parties to a transaction, at which the transaction is consummated; esp., in real estate, the final transaction between the buyer and seller, whereby the conveyancing documents are concluded and the money and property transferred. Also termed settlement. Cf. settlement date (3) under DATE. |
closing agentSee settlement agent. |
closing agent-See settlement agent under AGENT (2). |
closing agreementA written contract between a taxpayer and the Internal Revenue Service to resolve a tax dispute. |
closing agreement-See AGREEMENT. |
closing argumentIn a trial, a lawyer's final statement to the judge or jury before deliberation begins, in which the lawyer requests the judge or jury to consider the evidence and to apply the law in his or her client's favor. After the closing arguments in a jury trial, the judge ordinarily instructs the jury on the law that governs the case. Also termed closing statement;final argument; jury summation; summing up; summation; closing argument; (in English law) final submission; (in English law) final speech. |
closing costsThe expenses that must be paid, usu. in a lump sum at closing, apart from the purchase price and interest. These may include taxes, title insurance, and attorney's fees. |
closing of estateWills & estates. The completion of the administration of a decedent's estate, brought about by the administrator's distribution of estate assets, payment of taxes, and filing of necessary accounts with the probate court. |
closing priceThe price of a security at the end of a given trading day. - Also termed close. |
closing priceSee PRICE. |
closing statement1. CLOSING ARGUMENT. 2. A written breakdown of the costs involved in a particular real-estate transaction, usu. prepared by a lender or an escrow agent. Also termed settlement sheet; settlement statement. Cf. BROKER'S LOAN STATEMENT. |
closureSee CLOTURE. |
cloture(kloh-char), The procedure of ending debate in a legislative body and calling for an immediate vote. Also spelled closure. |
cloud on titleA defect or potential defect in the owner's title to a piece of land arising from some claim or encumbrance, such as a lien, an easement, or a court order. See action to quiet title under ACTION (4). |
clsCRITICAL LEGAL STUDIES. |
clSerSee CRIT. |
cluSee chartered life underwriter under UNDERWRITER. |
club fedA low-security federal prison, usu. for white-collar criminals, that has a comparatively informal, relaxed atmosphere and, reputedly, luxury facilities. Some sources claim that "Club Fed" prisons offer weight-lifting equipment, tennis courts, cable television, computers, musical instruments, and even miniature golf. |
club-lawGovernment by dubs (big sticks) or violence; the use of illegal force in place of law. |
cluster zoningSee ZONING. |
cmo1. CASE-MANAGEMENT ORDER. 2. COLLATERALIZED MORTGAGE OBLIGATION. |
cmr1. Court of Military Review. See COlJRT OF CRIMINAL APPEALS (1). 2. COURT-MARTIAL REPORTS. |
cnCode Napoleon. See NAPOLEONIC CODE (1). |
coJointly or together with <coowner> <codefendant>. |
co-(u.u. cap.) 1. COMPANY. 2. COUNTY. |
coa1. CONTRACT OF AFFREIGHTMENT. 2. CERTIFICATE OF APPEALABILITY. 3. CAUSE OF ACTION. |
coadjutor(koh-a-joo-tar or koh-aj-a-tar), A coworker or assistant, esp. one appointed to assist a bishop who, because of age or infirmity. is unable to perform all duties of the office. coadjutor, adj. |
co-administratorA person appointed to jointly administer an estate with one or more other administrators. |
co-adventurerSee COVENTURER. |
co-agentA person who shares with another agent the authority to act for the principal. Also termed dual agent. Cf. common agent. |
co-agent-See AGENT (2). |
coal noteSee NOTE (1). |
coal noticeIn Pennsylvania, a notice that must be included in deeds and other instruments relating to the sale of surface property (excepting mortgages or quitclaim deeds) detailing any severance of the ownership of coal under the land. |
coase theorem(kohs). A proposition in economics describing the relationship between legal rules and economic efficiency. The theorem, innovated by Ronald Coase, holds that if there are no transaction costs - such as the costs of bargaining or acquiring information then any legal rule will produce an efficient result. Coase's seminal article was The Problem of Social Cost, 3 J. Law & Econ. 1 (1960). "Nothing is more central to the study of law and econom· ics nor more responsible for its growth than the Coase Theorem. What the Coase Theorem says, in effect, is that in many instances, the assignment of rights by courts or legal authorities may have little to do with who eventually possesses those rights. In the words of Mark Kelman, 'the market, like an untameable river, will knock out attempts to alter its mighty course.'" Jeffrey L. Harrison, Law and Economies in a Nutshell 56 (1995). |
co-assigneeA person who, along with one or more others, is an assignee of the same subject matter. |
coast guard jurisdictionThe law-enforcement authority of the United States Coast Guard over the high seas and navigable waters over which the United States has jurisdiction, including the powers of stopping, searching, and seizing property, and arresting persons. See UNITED STATES COAST GUARD. |
coast waterSee WATER. |
coastal-state controlThe exercise of authority under international conventions for a state to stop, board, inspect, and when necessary detain vessels that are under foreign flags while they are navigating in the coastal state's territorial waters . The purpose is to ensure the safety of the vessels and to enforce environmental regulations. Cf. FLAG STATE-CONTROL; PORTSTATE CONTROL. |