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concurrent representation See REPRESE!'lTATIO!'l (2).

concurrent resolution A resolution passed by one house and agreed to by the other. It expresses the legislature s opinion on a subject but does not have the force of law.

concurrent resolution See RESOLUTION (1).

concurrent sentences See SENTENCE.

concurrent sentences Two or more sentences of jail time to be served simultaneously For example, if a convicted criminal receives concurrent sentences of 5 years and 15 years, the total amount of jail time is 15 years.

concurrent tortfeasors See TORTFEASOR.

concurrent writ See WRIT.

concurrent-sentence doctrine The principle that an appellate court affirming a conviction and sentence need not hear a challenge to a conviction on another count if the conviction on the other count carries a sentence that is equal to or less than the affirmed conviction.

concurring opinion See CONCURRENCE (3).

concurring opinion See CONCURRENCE (3).

concurso (kon- or kon-kar-soh), [Latin lit. "to run hither and thither"]. An action in which a creditor seeks to enforce a claim against an insolvent debtor.

concursus (kon- or kan-kar-sas). [Latin "a running together"] 1. A proceeding in which two or more creditors claim, usu. adversely to each other, an interest in a fund or estate so that they can sort out and adjudicate all the claims on the fund. See CONCOURSE (3). 2. Civil law. INTERPLEADER. 3. An examination to determine a person's fitness for parochial office.

concursus debiti et crediti (kan-kar-sas deb-i-tI et cred-i-ti). [Law Latin] Scots law. A running together of debt and credit. The phrase appears in reference to requirements for supporting a plea of compensation. "Concursus debiti et crediti .... This is necessary to found a plea of compensation, for the parties must be debtor and creditor, each in his own right and at the same time. Thus, if A sue B for payment of a debt due by him, B may plead in compensation a debt due to him by A, and here there is the necessary concurrence. But, if the firm of which A is a partner suing B for a debt due by him to them, be met by the plea of compensation by B, on the ground of a private debt due by A, the plea will not be sustained, for there is no concursus; a company being regarded by the law as a separate person." John Trayner, Trayner's Larin Maxims 88-89 (4th ed. 1894).

concursus in delicto (kon-or-kan-kar-sas in da-lik-toh). [Latin] Cooperation in crime.

concussio (kan-kash-ee-oh), [Latin] Roman law. The offense of extorting money or gifts by threat of violence. In modern civil-law contexts, the term is often anglicized to concussion. - concuss, vb.

concussionary A person who extorts from others under guise of authority; one who practices concussion.

condedit (kan-dee-dit or -ded-it). [Latin "he made (a will)"]. A defensive plea filed by a party in response to an ecclesiastical- court libel (i.e., complaint) questioning the veracity ofa will or the competency of the testator. Also spelled condidit.

condemn 1. To judicially pronounce (someone) guilty. 2. To determine and declare (property) to be assigned to public use. See EMINENT DOMAIN. 3. To adjudge (a building) as being unfit for habitation. 4. To adjudge (food or drink) as being unfit for human consumption. 5. Maritime law. To declare (a vessel) to be forfeited to the government, to be a prize, or to be unfit for service.

condemnation (kon-dem-nay-shan), 1. The act of judicially pronouncing someone guilty; conviction. 2. The determination and declaration that certain property (esp. land) is assigned to public use, subject to reasonable compensation; the exercise of eminent domain by a governmental entity. See EMINENT DOMAIN.

condemnation blight 1. The reduction in value that the property targeted for condemnation suffers in anticipation of the taking. 2. The physical deterioration of property targeted for condemnation in anticipation of the taking.

condemnation money 1. Damages that a losing party in a lawsuit is condemned to pay. 2. Compensation paid by an expropriator of land to the landowner for taking the property.

condemnatory (kan-dem-na-tor-ee), 1. Condemning; expressing condemnation or censure. 2. Of or relating to the use of eminent domain or expropriation.

condemnee (kon-dem-nee). One whose property is expropriated for public use or taken by a publicworks project.

condemnor (kon-dem-nor or kan-dem-nar). A person or entity that expropriates property for public use. Also spelled condemner (kan-dem-nar).

condensate See DISTILLATE (1).

condescendence (kon-di-sen-dants), A statement of facts in a civil pleading, set out in consecutively numbered paragraphs, that the claimant relies on to justify the claim.

condictio (kan-dik-shee-oh), [fr. Latin condicere "to demand back"] Roman & civil law. A personal action in the nature of demanding something back; an action of debt. In the sense here used, debt must be understood broadly to cover not only contractual but also quasi-contractual or tort claims. Condictio is usu. founded on an obligation to give or do a certain thing or service. Also termed condiction; action ofdebt. Pl. condictiones (kan-dik-shee-oh-neez). condictitious, condictious adj. "Condiction was a form of legal procedure ... first applied to the recovery of a loan of a definite sum of money, and afterwards applied to a loan of other things ('fungibles') where the return of the loan was required in quantity and quality, but not the identical things; in fact, where the borrower undertook to repay not thiS, but so much of the article and quality received. When condiction was applied to such things, it was said to be called triticaria ('relating to wheat') from one of the most important subjects, but this action (condictio triticaria) was afterwards extended so as to include all cases where things certain, other than coined money, were redemanded. In practice the term triticaria was not used, or Justinian has cut it out." 2 Henry John Roby, Roman Private Law 76 (1902). "The principal actio stricti juris was the condictio, a general term with many applications. It might be brought for a certain sum of money (condictio certae pecuniae), or for some other certain thing (condictio triticaria), or to assert an illiquid claim (condictio incerti). The various forms of condictio were also distinguished according to the cause which gave rise to them, as condictio furtiva, condictio indebiti, and others ...." R.W. Lee, The Elements of Roman Law 435 (4th ed. 1956).

condictio causa data causa non secuta (kan-dik-shee-oh kaw-za day-ta, kaw-za non is-kyoo-ta). [Latin "claim for recovery, consideration having been given but consideration not having followed"] Roman & civil law. An action for recovery of money paid when the consideration for the payment has not been furnished. The classic case in Scotland concerned an advance payment for ship's engines: war broke out, the engines were requisitioned but never supplied, and the payment was held to be recoverable. PI. condictiones causa data, causa non secuta.

condictio certi (kann-dik-shee-oh sar-ti). [Latin "claim for recovery of a certain sum or thing"] An action based on a promise to do a thing, where the promise is certain.

condictio ex causa furtiva (kan-dik-shee-oh eks kaw-za far-ti-va). See condictia rei furtivae.

condictio ex lege (kan-dik-shee-oh eks lee-jee). [Latin "claim for recovery under a statute"] An action arising where a statute creates an obligation but provides no remedy.

condictio furtiva (kan-dik-shee-oh far-tI-va). See condictio rei furtivae.

condictio incerti (kan-dik-shee-oh in-sar-tI). [Latin "claim for recovery of an uncertain amount"] An action to recover an uncertain amount.

condictio indebiti (kan-dik-shee-oh in-deb-a-ti). [Latin "claim for recovery of something not due"] An action to prevent the unjust enrichment of a defendant who had received money or property from the plaintiff by mistake. Also termed actio condictio indebiti (though strictly speaking this is a solecism).

condictio ob rem dati, re non secuta (kan-dik-shee-oh ahb rem day-tI, ree non si-kyoo-ta). [Latin "personal claim based on a transfer made for a purpose that has failed"] Roman law. A condiction for something handed over for a purpose that has failed, as for the settlement of a lawsuit when in fact the lawsuit has nevertheless continued.

condictio ob turpem vel injustam causam (kan-dik-shee-oh ahb tar-pam vel in-jas-tam kaw-zam). [Latin "personal claim based on an immoral or illegal cause"] Roman law. A personal claim by an innocent party to recover money or property paid for an immoral or illegal purpose. Sometimes shortened to condictio ob turpem causam. "The condictio ob turpem vel iniustCim CCiusam lay where the payment or conveyance had been made for an immoral or illegal purpose (e.g. to induce the recipient not to commit a crime, or to return what he had borrowed and was wrongfully refusing to return). But the plaintiff must not be equally tainted by the 'turpitude,' as he would be, for example, if the payment had been made to induce the recipient to commit a crime." Barry Nicholas, An Introduction to Roman Law 230 (1962).

condictio rei furtivae (kan-dik-shee-oh ree-I far-tI-vee). [Latin "claim for recovery ofa stolen thing"] An action to recover a stolen thing or its value if the thing could not be returned. A condictio rei furtivae could be brought by an owner or pledgee against the thief or the thief's heirs. Also termed condictio furtiva; condictio ex causa furtiva.

condictio sine causa (kan-dik-shee-oh sl-nee kaw-za). [Latin "claim for recovery of money or a thing given without consideration"] An action for the recovery of property transferred without consideration and in contemplation of a specific event that did not occur, such as a dowry made in view of a marriage that does not take place.

condictio triticaria (kan-dik-shee-oh tri-ti-kair-ee-a). [Latin "claim for recovery of wheat"], An action for the recovery of a specified quantity of a named commodity.

condidit See CONDEDIT.

condign justice An outcome according to what the litigants deserve; esp., justice based on the kind and degree of punishment that is appropriate for a given offense.

condign justice See JUSTICE (1).

conditio (kan-dish-ee-oh). [Latin] A condition.

conditio si sine liberis decesserit (kan-dish-ee-oh-sI-sl-nee lib-ar-is di-ses-ar-it). [Latin "the condition if he should have died childless"] Roman law. An express or implied clause in a will providing that if the heir or legatee dies childless, the property is to go to another person, such as the testator's own descendants.

conditio sine qua non See SINE QUA NON.

condition 1. A future and uncertain event on which the existence or extent of an obligation or liability depends; an uncertain act or event that triggers or negates a duty to render a promised performance. For example, ifJones promises to pay Smith $500 for repairing a car, Smith's failure to repair the car (an implied or constructive condition) relieves Jones of the promise to pay. "'Condition' is used in this Restatement to denote an event which qualifies a duty under a contract. It is recognized that 'condition' is used with a wide variety of other meanings in legal discourse. Sometimes it is used to denote an event that limits or qualifies a transfer of property. In the law of trusts, for example, it is used to denote an event such as the death of the settlor that qualifies his disposition of property in trust. Sometimes it is used to refer to a term in an agreement that makes an event a condition, or more broadly to refer to any term in an agreement (e.g., 'standard conditions of sale'). For the sake of precision, 'condition' is not used here in these other senses." Restatement (Second) of Contracts § 224. cmt. a (1981). "Strictly, a condition is a fact or event on the occurrence of which some legal right or duty comes into existence; a party may promise that this fact is so, or that the event will take place, but it is equally possible that no party to the contract promises this. An insurance company promises to pay £10,000 to an insured person if his house is destroyed by fire; the destruction of the house by fire is a condition of the insurer's promise to pay, but neither party promises to burn the house." P.S. Atiyah, An Introduction to the Law of Contract 146 (3d ed. 1981). "Promises and the duties they generate can be either unconditional (,I promise to pay you $100,000') or conditional ('I promise to pay you

condition concurrent See concurrent condition under CONDITION (2).

condition implied by law See constructive condition.

condition implied by law- See constructive condition under CONDITION (2).

condition implied in law See constructive condition.

condition implied in law- See constructive condition under CONDITION (2).

condition of employment A qualification or circumstance required for obtaining or keeping a job.

condition precedent (pra-seed-ant also pres-a-dant). An act or event, other than a lapse oftime, that must exist or occur before a duty to perform something promised arises . If the condition does not occur and is not excused, the promised performance need not be rendered. The most common condition contemplated by this phrase is the immediate or unconditional duty of performance by a promisor. "Before one gets too confused by the precedent and sub· sequent classifications, it might be helpful to know that in contract law there is no substantive difference between the two.... However, in the area of pleading and procedure significance may be placed upon the difference between a condition precedent and subsequent in terms of who has the burden of pleadi ng and proof, the party seeking to enforce the promise usually being required to plead and prove a condition precedent and the party seeking to avoid liability for breach of promise sometimes being required to plead and prove the occurrence of the condi· tion subsequent that would terminate his duty." Claude Rohwer & Gordon D. Schaber, Contracts in a Nutshell 313 (4th ed. 1997).

condition precedent- See CONDITION (2).

condition subsequent A condition that, if it occurs, will bring something else to an end; an event the existence of which, by agreement of the parties, discharges a duty of performance that has arisen. "If ... the deed or will uses such words as 'but if,' 'on condition that,' 'provided, however,' or 'if, however,' it will generally be assumed that a condition subsequent was intended." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 50 (2d ed. 1984).

condition subsequent, See CONDITION (2).

conditional Subject to or dependent on a condition <a conditional sale>.

conditional acceptance An agreement to pay a draft on the occurrence or nonoccurrence of a particular event.

conditional acceptance- See ACCEPTANCE (4).

conditional adjournment An adjournment that does not schedule another meeting, but provides for reconvening the assembly at an officer's or board's call or under other defined circumstances. 2.The period or interval between adjourning and reconvening.

conditional adjournment- See ADJOURNMENT.

conditional admissibility The evidentiary rule that when a piece of evidence is not itself admissible, but is admissible if certain other facts make it relevant, the evidence becomes admissible on condition that counsel later introduce the connecting facts. If counsel does not satisfy this condition, the opponent is entitled to have the conditionally admitted piece of evidence struck from the record, and to have the judge instruct the jury to disregard it.

conditional admissibility- See ADMISSIBILITY.

conditional assault An assault expressing a threat on condition, such as "your money or your life."

conditional assault, See ASSAULT.

conditional assignment An assignment of income (such as rent payments or accounts receivable) to a lender, made to secure a loan The lender receives the assigned income only if the assignor defaults on the underlying loan.

conditional assignment- See ASSIGNMENT (2).

conditional bequest A bequest whose effective-ness or continuation depends on the occurrence or nonoccurrence of a particular event. An example might be a testator's gift of "the income from the farm to my daughter, Betty, until she remarries." If a con-dition prohibits certain legal conduct, such as using tobacco or growing a beard, it is sometimes termed a reformation condition or character-improvement con-dition.

conditional bequest, See BEQUEST.

conditional contraband See CONTRABAND.

conditional contraband- Goods susceptible of being used for warlike and peaceful purposes, such as coal and food. - Also termed ancipitis usus (an-sip-i-tas yoo-sas).

conditional contract See CONTRACT.

conditional contract- An agreement that is enforceable only if another agreement is performed or if another particular prerequisite or condition is satisfied. Also termed hypothetical contract.

conditional conveyance See CONVEYANCE.

conditional conveyance- A conveyance that is based on the happening of an event, usu. payment for the property; a mortgage. Cf. absolute conveyance.

conditional covenant See COVENANT (1).

conditional covenant- A covenant that is qualified by a condition. Cf. absolute covenant.

conditional creditor See CREDITOR.

conditional creditor- A creditor who has either a future right of action or a right of action in expectancy.

conditional delivery See DELIVERY.

conditional delivery- A delivery that passes possession subject to the happening of a specified event. Possession passes immediately; title remains conditional.

conditional devise See DEVISE.

conditional devise- A devise that depends on the occurrence of some uncertain event.

conditional divorce See conversion divorce under DIVORCE.

conditional divorce- See conversion divorce.

conditional duty See DUTY (1).

conditional duty- A duty that is conditioned on the occurrence of an event other than the lapse of time.

conditional estate See estate on condition under ESTATE (1).

conditional estate- See estate on condition.

conditional fee 1. See fee simple conditional under FEE SIMPLE. 2. See CONTINGENT FEE.

conditional fee agreement A contract between a lawyer and a client that provides for the lawyer to receive a fee only if the client wins the case. Unlike American contingent-fee arrangements, the lawyer does not receive a percentage of the damages awarded but instead charges the client a base fee plus a success which is usu. calculated as a percentage of up to 100% of the base fee. See success fee under HE (1).

conditional guaranty See GUARANTY.

conditional guaranty- A guaranty that requires the performance of some condition by the creditor before the guarantor will become liable.

conditional indorsement See INDORSEMENT.

conditional indorsement- An indorsement that restricts the instrument in some way, as by limiting how the instrument can be paid or transferred; an indorsement giving possession of the instrument to the indorsee, but retaining title until the occurrence of some condition named in the indorsement. Wordings that indicate this type of indorsement are "Pay to Brad Jones when he becomes 18 years of age" and "Pay to Brigitte Turner, or order, unless before payment I give you notice to the contrary." Also termed restricted indorsement; restrictive indorsement. Cf. special indorsement.

conditional judgment See JUDGMENT.

conditional judgment A judgment whose force depends on the performance of certain acts to be done in the future by one of the parties. For example, a conditional judgment may order the sale of mortgaged property in a foreclosure proceeding unless the mortgagor pays the amount decreed within the time specified. Also termed common order.

conditional legacy See LEGACY.

conditional limitation See LIMITATION

conditional obligation An obligation that depends on an uncertain event.