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coming-to-rest doctrine The principle that coverage of shipped goods ends when the goods are unloaded and any cables or other links to the transporting vehicle have been disconnected .The comingo-rest doctrine covers only the movement of goods from the shipping vehicle to a place of rest outside the vehicle, in contrast to the broader coverage of the complete-operation rule. Cf. COMPLETE-OPERATION RULE.

comitas (kom-a-tas). [Latin "courtesy"] See COMITY.

comitas gentium See COMITY.

comitas legum (kom-a-tas lee-gam). [Law Latin]. Comity of laws. See COMITY.

comitatu commisso (kom-a-tay-t[y]oo ka-mis-oh). [Latin "county commission"]. A writ or commission authorizing a sheriff to take charge of a county.

comitatu et castro commisso (kom-a-tay-t[y]oo et kas-troh ka-mis-oh). [Latin "county and castle commission"]. A writ authorizing a sheriff to take charge of a county and a castle.

comitatus (kom-a-tay-tas). [Latin]. 1. A county or shire. See POSSE COMITATlTS. 2. The territorial iurisdiction of a count or earL 3. A county court. 4. 'Ihe retinue accompanying a prince or high government official.

comites (kom-a-teez). See COMES.

comites paleys (kom-a-teez-pa-lays). [Law French]. Counts or earls palatine; those who exercise royal privileges in a county palatine. See COUNTY PALATINE.

comitia (ka-mish-ee-a), [Latin "assembly"] Roman law. An assembly of the Roman people, gathered together for legislative or judicial purposes . Women were excluded from participation.

comitia centuriata (ka-mish-ee-a sen-tyoor-ee-ay-ta). (often cap.) An assembly of the entire populace, voting by centuries (that is, military units) empowered to elect magistrates and to act as a court of appeal in a capital matter. "The Comitia Centuriata, said to have been originated by the sixth King, Servius Tullius, included the whole Roman people arranged in classes according to their wealth, so as to give the preponderating power to the richest. During the regal period it was a military organisation on the basis of property: under the Republic it became a legislative body, ousting the Comitia Curiata." William A. Hunter, Introduc· tion to Roman Law 16 (F.H. Lawson ed .o 9th ed. 1934).

comitia curiata (ka-mish-ee-a kyoor-ee-ay-ta). (often cap.) An assembly of (originally) patricians whose chief function was to authorize private acts of citizens, such as declaring wills and adoptions . The comitia curiata engaged in little legislative activity. "The oldest [of the four assemblies of the Roman people] was the Comitia Curiata. In the regal period this assembly consisted of the Populus Romanus in its thirty curies (or family groups): it could meet only by summons of the King; it merely accepted or rejected the proposals submitted by him, without the right of discussion or amendment; nor was any decision by it valid without the authorisation of the Senate. Under the Republic it rapidly fell into the background, though it formally eXisted, represented by thirty lictors, down into Imperial times: for the private law its main importance lay in its meetings under pontifical presidency to deal with matters of religious significance, such as ad rogations and wills." William A. Hunter, Introduction to Roman Law 15-16 (F.H. Lawson ed., 9th ed. 1934).

comitia tributa (ka-mish-ee-a tri-byoo-ta). (often cap.) An assembly of tribes convened to elect lower-ranking officials. The comilia tributa undertook a great deal of legislative activity in the later Roman republic. Cf. CONCILIUM PLEBIS. "The Comitia Tributa was the assembly of the whole Roman people in their tribes a regional classification. In this assembly the influence of numbers predominated." William A. Hunter, Introduction to Roman Law 16 (F.H. Lawson ed., 9th ed. 1934).

comity (kom-a-tee). 1. A practice among political entities (as nations, states, or courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and judicial acts. Also termed comitas gentium; courtoisie internationaie. See FEDERAL-COMITY DOCTRINE; JUDICIAL COMITY. Cf. ABSTENTION. '''Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens, or of other persons who are under the protection of its laws." Hilton v. Guyot, 159 U.s. 113,163-64,16 S.Ct. 139, 143 (1895). 2. INTERNATIONAL LAW. This sense is considered a misusage: "[I]n Anglo-American jurisprudence, the term is also misleadingly found to be used as a synonym for international law." Peter MacaIistersmith, "Comity," in 1 Encyclopedia of Public International Law 672 (1992).

comity clause. The clause of the U.S. Constitution giving citizens of one state the right to all privileges and immunities enjoyed by citizens of the other states. US. Const. art. IV, § 2, d. 1. See PRIVILEGES AND IMMUNITIES CLAUSE.

comm COMMONWEALTH.

command 1. An order; a directive. 2. In legal positivism, the sovereign's express desire that a person act or refrain from acting a certain way, combined with the threat of punishment for failure to comply. "Commands are orders backed by threats. It is in virtue of threatened evils, sanctions, that expressions of desire not only constitute commands but also impose an obligation or duty to act in the prescribed ways." Martin P. Golding, Philosophy of Law 26 (1975).

command- To direct authoritatively; to order.

command rape See RAPE.

command rape Coerced or forced sexual contact between a superior member and subordinate member of the armed forces.

commander in chief clause The clause of the U.S. Constitution appointing the President as supreme commander of the military. U.S. Const. art. II, § 2, cl. 1.

commander-in-chief 1. One who holds supreme or highest command of armed forces. 2. (cap.) The title of the US. President when acting as the constitutionally deSignated leader of the nation's military. U.S. Const. art. II, § 2.

commandment 1. An authoritative order of a judge or magisterial officer. 2. The offense of inducing another to commit a crime.

commencement See INTRODUCTORY CLAUSE.

commencement of infringement The first of a series of discrete copyright violations, such as the first of many separate sales of infringing items. See INFRINGEMENT.

commenda (ka-men-da). A business association in which one person has responsibility for managing all business property.

commendam (ka-men-dam or -dam). 1. A vacant benefice held by a clerk until a regular pastor could be appointed. Bishops and other dignitaries found commendams to be lucrative sources of income. Commendams were abolished in England in 1836. See BENEFICE. 2. Partnership in commendam. See limited partnership under PARTNERSHIP.

commendation The act of becoming a lord's feudal tenant to receive the lord's protection.

commendator (kom-an-day-tar). Eccles. law. A person holding a commendam (a benefice) as a trustee . Commendators are so called because benefices are commended to their supervision. See COMMENDAM.

commendatus (kom-an-day-tas). A person who, by voluntary oath of homage, was placed under a lord's protection.

comment 1. NOTE (2). 2. An explanatory statement made by the drafters of a particular statute, code section, or rule. 1 commentator, n.

comment letter A letter prepared by an SEC examiner to request additional information or describe deficiencies in a filing, particularly a registration statement.

comment on the evidence A statement made to the jury by the judge or by counsel on the probative value of certain evidence. Fed. R. Evid. 105.o Lawyers typically make such comments in closing argument, and judges may make such comments in federal court. But most state-court judges are not permitted to do so when examining a witness, instructing the jury, and the like (in which case the comment is sometimes termed an impermissible comment on the evidence).

comment period See NOTICE-AND-COMMENT PERIOD.

commentators See POSTGLOSSATORS.

commenter One who comments; esp., one who sends comments to an agency about a proposed administrative rule or regulation. See NOTICE-AND-COMMENT PERIOD.

commerce The exchange of goods and services, esp. on a large scale involVing transportation between cities, states, and nations.

commerce clause U.S. Const. art. I, § 8, cl. 3, which gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes.

commerce court See COURT.

commerce court- A federal court that had the power to review and enforce determinations of the Interstate Commerce Commission. The Commerce Court existed from 1910 to 1913.

commerce power Congress's constitutionally conferred power to regulate trade between the states.

commercia belli (ka-mar-shee-a bel-I). [Latin "commerce of war"] Commercial dealings or contracts between nations at war, or between the subjects of nations at war, under which arrangements for nonhostile dealings are made.

commercial acquiescence See ACQUIESCENCE.

commercial acre The amount of land left in a subdivided acre after deducting the amount dedicated to streets, sidewalks, utilities, etc . The area of a commercial acre is always less than an actual acre. Cf. ACRE.

commercial activity An activity, such as operating a business, conducted to make a profit. 2. See MARKET VOLUME.

commercial activity- See ACTIVITY (1).

commercial agent 1. BROKER. 2. A consular officer responsible for the commercial interests of his or her country at a foreign port. 3. See mercantile agent.

commercial agent- See AGENT (2).

commercial assets The aggregate of available property, stock in trade, cash, and other assets belonging to a merchant.

commercial assets, See ASSET.

commercial bank A bank authorized to receive both demand and time deposits, to make loans, to engage in trust services, to issue letters of credit, to rent time-deposit boxes, and to provide similar services.

commercial bank- See BANK.

commercial bribery 1. The knowing solicitation or acceptance of a benefit in exchange for Violating an oath of fidelity, such as that owed by an employee, partner, trustee, or attorney. Model Penal Code § 224.8(1). 2. A supposedly disinterested appraiser's acceptance of a benefit that influences the appraisal of goods or services. Model Penal Code § 224.8(2). 3. Corrupt dealing with the agents or employees of pro-spective buyers to secure an advantage over business competitors.

commercial bribery, See BRIBERY.

commercial broker A broker who negotiates the sale of goods without having possession or control of the goods. Cf FACTOR (2).

commercial broker- See BROKER.

commercial court See COURT.

commercial court- 1. See business court. 2. English law. A court that hears business disputes under simplified procedures designed to expedite the trials. This court was created in 1971 as part of the Queen's Bench Division of the High Court of Justice.

commercial credit company See commercial finance company under FINANCE COMPANY.

commercial crime See CRIME.

commercial crime- A crime that affects commerce; esp., a crime directed toward the property or revenues of a commercial establishment. Examples include robbery ofa business, embezzlement, counterfeiting, forgery, prostitution, illegal gambling, and extortion. See 26 CFR § 403.38.

commercial defamation See trade defamation under DEFAMATION.

commercial disparagement See TRADE DISPARAGEMENT.

commercial division See business court under COURT.

commercial domicile See DOMICILE.

commercial domicile- 1. A domicile acquired by a nonresident corporation conducting enough activities to permit taxation of the corporation's property or activities located outside the bounds of the taxing state. 2. A domicile acquired by a person or company freely residing or carrying on business in enemy territory or enemy-occupied territory. - Also termed quasi-domicile.

commercial finance company See FINANCE COMPANY.

commercial finance company- A finance company that makes loans to manufacturers and wholesalers. Also termed commercial credit company.

commercial franchise See FRANCHISE (4).

commercial franchise- A franchise using local capital and management by contracting with third parties to operate a facility identified as offering a particular brand of goods or services.

commercial frustration See FRUSTRATION.

commercial frustration- An excuse for a party's nonperformance because of some unforeseeable and uncontrollable circumstance. - Also termed economic frustration.

commercial general-liability policy See INSURANCE POLICY.

commercial general-liability policy A comprehensive policy that covers most commercial risks, liabilities, and causes of loss. This type of policy covers both business losses and situations in which a business is liable to a third party for personal injury or property damage. First introduced in 1986, this policy has largely replaced comprehensive general-liability policies. - Abbr. CGL policy. Cf. comprehensive general-liability policy.

commercial goodwill See GOODWill.

commercial impracticability See IMPRACTICABILITY.

commercial impracticability- The occurrence of a contingency whose nonoccurrence was an assumption in the contract, as a result of which one party cannot perform. - Also termed (in the UCC) excuse by failure ofpresupposed conditions. "The doctrines of Impossibility, Commerciallmpracticability or as the Uniform Commercial Code knows it, Excuse by Failure of Presupposed Conditions, comprise unclimbed peaks of contract doctrine. Clearly, all of the famous early and mid-twentieth century mountaineers, Corbin, Williston, Farnsworth and many lesser men have made attempts on this topic but none has succeeded in conquering the very summit.... In spite of attempts by all of the contract buffs and even in the face of eloquent and persuasive general statements, it remains impossible to predict with accuracy how the law will apply to a variety of relatively common cases. Both the cases and the Code commentary are full of weasel words such as 'severe' shortage, 'marked' increase, 'basic' assumptions, and 'force majeure.'" James J. White & Robert S. Summers, Uniform Commercial Code § 3-9. at 155 (3d ed. 1988).

commercial insurance 1. An indemnity agreement in the form of a deed or bond to protect against a loss caused by a partys breach of contract. 2. A form of coverage that allows an insurer to adjust the premium rates at will, and doesnt require the insured to accept the premium or renew the coverage from period to period. "Commercial insurance is a popular and very elastic term, having reference to indemnity agreements issued in the form of an insurance bond or policy, whereby parties to commercial contracts are, to a deSignated extent, guaranteed against loss by reason of a breach of contractual obligations on the part of the other contracting party. To this class belong poliCies of contract, credit, and title insurances." Thomas Gold Frost, A Treatise on Guaranty Insurance § 3, at 14 (2d ed. 1909).

commercial insurance See INSURANCE.

commercial law 1. The substantive law dealing with the sale and distribution of goods, the financing of credit transactions on the security of the goods sold, and negotiable instruments. Most American commerciallaw is governed by the Uniform Commercial Code. Also termed mercantile law. "Although the term commercia/law is not a term of art in American law it has become synonymous in recent years with the legal rules contained in the Uniform Commercial Code." Jonathan A. Eddy & Peter Winship, Commercial Transactions 1 (1985). 2. LAW MERCHANT.

commercial lease See LEASE.

commercial letter of credit See LETTER OF CREDIT.

commercial loan See LOAN.

commercial morality fair practices among competitors. Commercial espionage is often cited by courts as being below accepted standards of commercial morality.

commercial name See TRADENAME.

commercial paper See PAPER.

commercial paper 1. An instrument, other than cash, for the payment of money. Commercial paper typically existing in the form of a draft (such as a check) or a note (such as a certificate of deposit) is governed by Article 3 of the UCC. But even though the UCC uses the term commercial paper when referring to negotiable instruments of a particular kind (drafts, checks, certificates of deposit, and notes as defined by Article 3), the term long predates the UCC as a business and legal term in common use. Before the UCC, it was generally viewed as synonymous with negotiable paper or bills and notes. It was sometimes applied even to nonnegotiable instruments. Also termed mercantile paper; company s paper. See NEGO-TIABLE INSTRUMENT. Commercial paper is rather a popular than a technical expression, often used, however, both in statutes and in decisions of courts, to designate those simple forms of contract long recognized in the world s commerce and governed by the law merchant. 1 Joseph F. Randolph, A Treatise on the Law of Commercial Paper § 1, at 1 (2d ed. 1899). Defined most broadly, commercial paper refers to any writing embodying rights that are customarily conveyed by transferring the writing. A large subset of commercial paper consists of such writings that are negotiable, which means that the law enables a transferee to acquire the embodied rights free of claims and defenses against the transferor. Richard E. Speidel, Negotiable Instruments and Check Collection in a Nutshell 1 (4th ed. 1993). 2. Such instruments collectively. Also termed bills and notes. 3. Loosely, a short-term unsecured promissory note, usu. issued and sold by one company to meet another company s immediate cash needs.

commercial partnership See trading partnership.

commercial partnership See trading partnership under PARTNERSHIP.

commercial set 1. The primary documents covering shipment of goods, usu. including an invoice, bill of lading, bill ofexchange, and certificate of insurance. 2. The documents required under a letter of credit.

commercial signature A trademark (as commonly described).

commercial speech See SPEECH.

commercial speech Communication (such as advertising and marketing) that involves only the commercial interests ofthe speaker and the audience, and is therefore afforded lesser First Amendment protection than social, political, or religiOUS speech. Cf. pure speech.

commercial surety See compensated surety under SURETY.

commercial tort claim A claim arising in tort when the claimant is either (1) an organization, or (2) an individual whose claim arose in the course of the claimant's business or profession, and the claim does not inchlde damages arising out of personal injury or death. UCC § 9-102(a)(13). Typical commercial tort claims are fraud and conversion.

commercial treaty See TREATY (1).

commercial unit A unit of goods that by commercial usage is a Single whole for purposes of sale and whose division materially impairs its character or value in the relevant market or in use. UCC § 2-105(6). Under the UCC, "a commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a Single whole." ld.

commercial use See USE (1).

commercial-activity exception An exemption from the rule of sovereign immunity, permitting a claim against a foreign state to be adjudicated in the courts of another state if the claim arises from private acts undertaken by the foreign state, as opposed to the state's public acts. See RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY; JURE GESTIONIS; JURE IMPERII.

commercialized obscenity Obscenity produced and marketed for sale to the public.