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coincident indicator See INDICATOR.

coincident indicator- An economic or market-activity index or indicator that shows changing trends near the same time that overall conditions begin to change.

coindictee One of two or more persons who have been jointly indicted. See joint indictment under INDICTMENT.

coined mark See fanciful trademark under TRADEMARK.

coined term See fanciful trademark under TRADEMARK.

coined trademark See fanciful trademark under TRADEMARK.

coined-name claim A chemical-patent claim consisting only of the name of the new material. A coined-name claim is allowed by the U.S. Patent and Trademark Office onlv on the rare occasion when the name is established fn the field before the patent is applied for. The chemical composition, its phYSical properties, and the process for making it must still be disclosed in the specification.

coined-name claim See PATENT CLAIM.

coinsurance See INSURANCE.

coinsurance 1. Insurance provided jointly by two or more insurers. 2. Insurance under which the insurer and insured jointly bear responsibility. An example is commercial insurance under which only a portion of a propertys value is covered, and the property owner assumes liability for any loss in excess of the policy limits.

coinsurance clause A provision in an insurance policy requiring a property owner to carry separate insurance up to an amount stated in the policy to qualify for full coverage. Also termed contribution clause.

coinsurer An insurer who shares losses sustained under an insurance policy. See coinsurance under INSURANCE.

cojudices In England, associate judges.

cola COST-OF-LIVING ADJUSTMENT.

cold bench A court, esp. an appellate court, in which the judges are largely unfamiliar with the facts and issues of a case, typically because they have not reviewed the briefs or the record before hearing oral arguments. Cf. hot bench; lukewarm bench. "Let's take the cold bench ... The judges have read neither the briefs nor the record; they know nothing of the case, unless it is one of the few highly publicized cases that reach the newspapers a Dr. Sheppard or a Texas Gulf Sulphur case and represent less than 1 percent of all appellate cases. The judges have no preconceived notions as to how your case should be decided. They listen to your argument with an open mind." Samuel E. Gates, "Hot Bench or Cold Bench: When the Court Has Not Read the Brief before Oral Argument," in Counsel on Appeal 1 07, 115 (Arthur A. Char-pentier ed., 1968).

cold bench- See BENCH.

cold blood A killer's state of mind when committing a willful and premeditated homicide <a shooting in cold blood>. See COOL BLOOD. CF. HEAT OF PASSION.

cold check See bad check.

cold check- See bad check under CHECK.

cold-comfort letter See COMFORT LETTER (1).

cold-water ordeal See ordeal by water (1) under ORDEAL.

colegatee (koh-Ie-ga-tee). A joint legatee; one of two or more persons who receive a legacy under a wilL Cf. LEGATEE.

coli See corporate-owned life insurance under LIFE INSURANCE.

colibertus (kol-i-bar-tas). [Law Latin] Hist. A serf in free socage; that is, a serf who is nominally freed but is still subject to certain servile conditions . A colibertus occupied a position in society between servile and free tenants. Also spelled collibertus. PI. coliberti. See SOCAGE.

collaborative divorce See DIVORCE.

collaborative divorce- A divorce negotiated in a nonadversarial forum, usu. between spouses who, with or without a lawyer, are assisted as needed by a team of experts in law, mental health, and financial matters (such as taxes and real estate).

collaborative law A dispute-resolution method by which parties and their attorneys settle disputes using nonadversarial techniques to reach a binding agreement, with the understanding that if the parties cannot agree and choose to litigate instead, the attorneys involved in the negotiations will be disqualified from representing them any further. Cf. COOPERATIVE LAW; MEDIATION (1).

collapsible corporation See CORPORATION.

collapsible corporation- A corporation formed to give a short-term venture the appearance of a longterm investment in order to portray income as capital gain, rather than profit. The corporation is typically formed for the sole purpose of purchasing property. The corporation is usu. dissolved before the property has generated substantial income. The Internal Revenue Service treats the income earned through a collapsible corporation as ordinary income rather than as capital gain. IRC (26 USCA) § 341 (a). Cf. collapsible partnership under PARTNERSHIP.

collapsible partnership See PARTNERSHIP.

collapsible partnership A partnership formed by partners who intend to dissolve it before they realize any income. Any partner gain resulting from unrealized receivables or inventory that has increased substantially in value will be treated by the IRS as ordinary income rather than as capital gain. IRC (26 USCA) § 751. Cf. collapsible corporation under CORPORATION.

collar The minimum and maximum price or ratio for a transaction.

collate (ka-layt), To return (inherited property) to an estate for division <the grandchildren collated the property they had received>.

collateral (ka-Iat-ar-al), 1. Supplementary; accompanying, but secondary and subordinate to <whether the accident victim was wearing a seat belt is a collateral issue>. 2. Not direct in line, but on a parallel or diverging line of descent; of or relating to persons who are related by blood but are neither ancestors nor descendants <an uncle is in a collateral, not a direct, line>. Cf. LINEAL. collaterality (ka-lat-ar-al-a-tee), n.

collateral- (ka-Iat-ar-al), 1. A person collaterally related to a decedent. 2. Property that is pledged as security against a the property subject to a security interest or agricultural lien. See UCC § 9-102(a) (12). Also termed (in sense 2) collateral security.

collateral act Any act (usu. excluding the payment of money) for which a bond or recognizance is given as security.

collateral affinity The relationship of a spouse's relatives to the other spouse's relatives. An example is a wife's brother and her husband's sister.

collateral affinity- See AFFINITY.

collateral ancestor See collateral ascendant under ASCENDANT.

collateral ascendant Loosely, an aunt, uncle, or other relative who is not strictly an ancestor. Also termed collateral ancestor.

collateral ascendant- See ASCENDANT.

collateral assignee A lender who is assigned an interest in property (usu. real property) as security for a loan.

collateral assignee, See ASSIGNEE.

collateral assignment An assignment of property as collateral security for a loan.

collateral assignment- See ASSIGNMENT (2).

collateral assurance A pledge made in addition to the principal assurance of an agreement.

collateral assurance- See ASSURANCE.

collateral attack An attack on a judgment in a proceeding other than a direct appeal; esp., an attempt to undermine a judgment through a judicial proceeding in which the ground of the proceeding (or a defense in the proceeding) is that the judgment is ineffective. Typically a collateral attack is made against a point of procedure or another matter not necessarily apparent in the record, as opposed to a direct attack on the merits exclusively. A petition for a writ ofhabeas corpus is one type ofcollateral attack. Also termed indirect attack. Cf. DIRECT ATTACK (1).

collateral condition See CONDITION (2).

collateral condition- A condition that requires the performance of an act haVing no relation to an agreement's main purpose.

collateral consanguinity See CONSANGUINITY.

collateral consanguinity- The relationship between persons who have the same ancestor but do not descend or ascend from one another (for example, uncle and nephew, cousins, etc.).

collateral consequence A penalty for committing a crime, in addition to the penalties included in the criminal sentence . An example is the loss of a professionallicense. When a collateral consequence exists, a defendant's appeal of a conviction does not become moot when the criminal sentence is completed.

collateral contract See CONTRACT.

collateral contract- A side agreement that relates to a contract, which, if unintegrated, can be supplemented by evidence of the side agreement; an agreement made before or at the same time as, but separately from, another contract. See COLLATERALCONTRACT DOCTRINE. "The term 'collateral contract' has no very precise meaning in the law. It is generally used as a label for a contract which is collateral, or by the side of, another contract. A great many examples of implied or constructive contracts created by the Courts are collateral in a broad sense .... [A]lthough the normal presumption is that the parties intend a written contract to be exclusive evidence of their intentions, it is always open to a party to show that in fact the writing did not exclusively represent their intentions, because of a 'collateral' contract made during the negotiations but not incorporated in the written instrument." P.S. Atiyah. An Introduction to the Law of Contract 80-81, 161 (3d ed. 1981).

collateral covenant See COVENANT (1).

collateral covenant- (ka-lat-a-raI). A covenant entered into in connection with the grant of something, but that does not relate immediately to the thing granted; esp., a covenant in a deed or other sealed instrument not pertaining to the conveyed property. Cf. inherent covenant.

collateral defense See DEFENSE (1).

collateral defense- (ka-lat-a-ral). Criminal law. A defense of justification or excuse not involving a rebuttal of the allegation and therefore collateral to the elements that the prosecutor must prove. See EXCUSE (2); JUSTIFICATION (2).

collateral descendant See DESCENDANT.

collateral descendant- Loosely, a blood relative who is not strictly a descendant, such as a niece or nephew.

collateral descent See DESCENT.

collateral descent- Descent in a collateral or oblique line, from brother to brother or cousin to cousin. With collateral descent, the donor and donee are related through a common ancestor. Cf. collateral descendant under DESCENDANT.

collateral estoppel (e-stop-aI). 1. The binding effect of a judgment as to matters actually litigated and determined in one action on later controversies between the parties involving a different claim from that on which the original judgment was based. 2. A doctrine barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs Significantly from the first one. Also termed issue preclusion; issue estoppel; direct estoppel; estoppel by judgment; estoppel by record; estoppel by verdict; cause-ai-action estoppel; technical estoppel; estoppel per rem judicatam. Cf. RES JUDICATA.

collateral estoppel- See COLLATERAL ESTOPPEL.

collateral fact See FACT.

collateral fact- A fact not directly connected to the issue in dispute, esp. because it involves a different transaction from the one at issue.

collateral fraud See extrinsic fraud (1) under FRAUD.

collateral fraud- See extrinsicfraud (1).

collateral heir See HEIR.

collateral heir. One who is neither a direct descendant nor an ancestor of the decedent, but whose kinship is through a collateral line, such as a brother, sister, uncle, aunt, nephew, niece, or cousin. Cf.lineal heir.

collateral issue See ISSUE (1).

collateral issue A question or issue not directly connected with the matter in dispute.

collateral limitation See LIMITATION.

collateral line See LINE.

collateral loan See secured loan under LOAN.

collateral matter Any matter on which evidence could not have been introduced for a relevant purpose. If a witness has erred in testifying about a detail that is collateral to the relevant facts, then another party cannot call witnesses to contradict that point cross-examination alone must suffice. Fed. R. Evid. 608(b).

collateral mistake See unessential mistake under MISTAKE.

collateral mortgage See MORTGAGE.

collateral negligence See NEGLIGENCE.

collateral note See secured note under NOTE (1).

collateral obligation A liability undertaken by a person who becomes bound for another's debt. Also termed accessorial obligation.

collateral power A power created when the donee has no estate in the land, but simply the authority to appoint.

collateral power See POWER (5).

collateral proceeding See PROCEEDING.

collateral proceeding A proceeding brought to address an issue incidental to tbe principal proceeding.

collateral promise A promise to guarantee the debt of another. made primarily without benefit to the party making the promise. Unlike an original promise, a collateral promise must be in writing to be enforceable. See MAIN-PURPOSE RULE.

collateral promise See PROMISE.

collateral relative A relative who is not in the direct line of descent, such as a cousin.

collateral relative See RELATIVE.

collateral security See SECURITY.

collateral security 1. A security, subordinate to and given in addition to a primary security, that is intended to guarantee the validity or convertibility of the primary security. 2. COLLATERAL (2).

collateral trust bond 1. A bond representing a debt secured by the deposit of another security with a trustee. Also termed collateral trust certificate. 2. A long-term corporate bond that is secured by other companies' mortgage bonds held by the corporation, which pledges and deposits the mortgage bonds in trust. The interest on these collateral trust bonds is typically lower than that received on the bonds pledged; the surplus is used to form a sinking fund to redeem the collateral trust bonds. A holding company often issues these bonds by pledging the stock of a subsidiary.

collateral trust bond- See BOND (3).

collateral trust certificate See collateral trust bond (1) under BOND(3).

collateral use See USE (1).

collateral warranty See WARRANTY (1).

collateral-agreement doctrine See COLLATERAL-CONTRACT DOCTRINE.

collateral-benefit rule See COLLATERAL-SOURCE RULE.

collateral-contract doctrine The principle that in a dispute concerning a written contract, proof of a second (usu. oral) agreement will not be excluded under the parol-evidence rule if the oral agreement is independent of and not inconsistent with the written contract, and if the information in the oral agreement would not ordinarily be expected to be included in the written contract. Also termed collateral-agreement doctrine.