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confiscable (kan-fis-ka-bal or kon-fa-ska-bal), (Of property) liable to confiscation; subject to forfeiture <confiscable contraband>.

confiscare (kon-fi-skair-ee), [Latin con "together" + fiscus "treasury"]. To seize (property) for the government.

confiscate (kon-fa-skayt), 1. To appropriate (property) as forfeited to the government. 2. To seize (property) by authority of law.

confiscation (kon-fi-skay-shan), 1. Seizure of property for the public treasury. 2. Seizure of property by actual or supposed authority. confiscatory (kan-fis-ka-tor-ee), - confiscator (kon-fa-skay-tar), n.

confiscatory rate See RATE.

confiscatory rate A utility rate set so low by the government that the utility company cannot realize a reasonable return on its investment.

confitens reus (kon-fa-tenz ree-as). [Latin "confessing accused"]. An accused person who admits committing the offense.

conflict See CONFLICT OF LAWS.

conflict diamond A diamond that originated in an area controlled by forces or factions opposed to a legitimate, internationally recognized government, and is used to fund military action against that government. Congress . enacted the Clean Diamond Trade Act in 2003 to stop trade in conflict diamonds. 19 USCA §§ 3901 et seq. Also termed blood diamond.

conflict of authority 1. A disagreement between two or more courts, often courts of coordinate jurisdiction, on a point oflaw. 2. A disagreement between two or more treatise authors or other scholars, esp. in an area in which scholarly authority is paramount, such as public or private international law.

conflict of interest 1. A real or seeming incompatibility between one's private interests and one's public or fiduciary duties. 2. A real or seeming incompatibility between the interests of two of a lawyer's clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the clients do not consent. See Model Rules of Prof' I Conduct 1.7(a).

conflict of laws 1. A difference between the laws of different states or countries in a case in which a transaction or occurrence central to the case has a connection to two or more jurisdictions. Often shortened to conflict. Cf. CHOICE OF LAW.

conflict of personal laws 1. A difference of laws between a jurisdiction's general laws and the laws of a racial or religious group, such as a conflict between federal law and American Indian tribal law. 2. A difference between personal laws. See PERSONAL LAW.

conflict out To disqualify (a lawyer or judge) on the basis of a conflict of interest <the judge was conflicted out of the case by his earlier representation of one of the litigants>.

conflict preemption See obstacle preemption under PREEMPTION.

conflict preemption See obstacle preemption.

conflicting evidence See EVIDENCE.

conflicting presumption One of two or more presumptions that would lead to opposite results. Also termed inconsistent presumption. Conflicting presumptions are simply two ordinary presumptions that would give opposite results; usually they are really successive presumptions. E.g., where A proves himself to be the son of N, wife of M, but M and N were already separated, and later M married P, and had a son B, the later marriage of M might presume a prior divorce from N before separation to make it valid, and yet the birth of A from a married mother might be presumed legitimate, and thus the question whether A or B was the legitimate son would be attended by opposing presumptions. But in this aspect the doctrine of presumptions is clouded with difficulties and leads to much vain speculation and logical unrealism." John H. Wigmore, A Students Textbook of the Law of Evidence 454 (1935).

conflicting presumption See PRESUMPTION.

conflicts See CONFLICT OF LAW (2).

conformed copy See COPY.

conformed copy- An exact copy of a document bearing written explanations of things that were not or could not be copied, such as a note on the document indicating that it was signed by a person whose signature appears on the original.

conforming Being in accordance with contractual obligations <conforming goods> <conforming conduct>. UCC § 2-102(a)(8).

conforming use See USE (1).

conformity act An 1872 federal statute providing that the practice and procedure in federal district courts (other than in equity and admiralty matters) must conform to the practice and procedure used by the state courts for like cases . The Federal Rules of Civil Procedure (effective in 1938) superseded the Conformity Act. "[E]ven where there was conformity, it was to be 'as near as may be,' and this was understood by the Court to make the Conformity Act 'to some extent only directory and advisory' and to permit the federal judge to disregard a state practice that would, in his view, 'unwisely encumber the administration of the law, or tend to defeat the ends of justice.' With all these exceptions to conformity, and with the judge left somewhat at large to decide when he would conform, it is hardly surprising that the result was, in the view of a distinguished commentator, 'a mixture of conflicting decisions, which have served to cloud the whole subject in hideous confusion and shifting certainty.''' Charles Alan Wright, The Law of Federal Courts § 61, at 425-26 (5th ed. 1994) (quoting Indianapolis & St. Louis Ry. Co. v. Horst, 93 U.s. 291, 300-01 (1876)).

conformity hearing 1. A court-ordered hearing to determine whether the judgment or decree prepared by the prevailing party conforms to the decision of the court. 2. A hearing before a federal agency or department to determine whether a state-submitted plan complies with the requirements of federal law .This type of hearing is common in cases involving social services.

conformity hearing- See CONFORMITY HEARING.

confrontation clause The Sixth Amendment provision generally guaranteeing a criminal defendant's right to confront an accusing witness face-toface and to cross-examine that witness . This right may be overridden if the witness is esp. vulnerable. as with a child who is an alleged victim of sexual abuse. Even then, the defendant's attorney must have an opportunity to examine the witness while the defendant observes by means of closed-circuit television or the like. See Maryland v. Craig, 497 U.S. 836, 110 S.Ct. 3157 (1990).

confusio (kan-fyoo-zhee-oh), [fr. Latin confundere "to pour together"]!. Roman law. An inseparable mixture of liquid property belonging to different owners. Cf. COMMIXTIO. 2. Roman law. The extinction of a right or duty that occurs when the roles of creditor and debtor become united in one person. 3. Scots law. A doctrine whereby a lesser right is absorbed into a greater right and is thus extinguished . For example, if a debtor acquired the rights of a creditor, the debt would become meaningless. "When the rights of both creditor and debtor come to be vested in the one person, in the same legal capacity, as by succession, gift or purchase, the obligation is extinguished, unless the creditor has an interest to maintain the obligation in being or the intention appears that confusio was not to operate. Obligations are not necessarily extinguished confusione where there is a legal relationship, independent of the pecuniary interests thereof, capable of revival by a subsequent separation of interests, as in the case of superior and vassal, and dominant and servient tenements in relation to servitude." 2 David M. Walker, Principles of Scottish Private Law: Law of Obligations 170 (1988).

confusio bonorum (kan-fyoo-zhee-oh ba-nor-am). See CONFUSION OF GOODS.

confusion 1. CONFUSION OF GOODS. 2. MERGER (9). "Confusion is the intermingling of two or more pieces of personal property so that the property rights in each can no longer be distinguished. Thereafter, no specific identification or separation of the formerly separate chattel is possible. Such an intermingling occurs most often with fungible goods like gas, oil, grain, mineral ore, or unmarked timber." Barlow Burke, Personal Property in a Nutshell 379 (2d ed. 1993). 3. Trademarks. A consumer's mistaken belief about the origin of goods or services. See LIKELIHOOD-OF-CON FUSION TEST.

confusion of boundaries The branch of equity that deals with the settlement of disputed or uncertain real-property boundaries.

confusion of debts See MERGER (9).

confusion of goods The mixture of things of the same nature but belonging to different owners so that the identification of the things is no longer possible . If this occurs by common consent of the owners, they are owners in common, but if the mixture is done willfully by one person alone, that person loses all right in the property unless (1) the goods can be distinguished and separated among owners, or (2) the mixing person's goods are equal in value to the goods with which they were intermingled. ConfUSion ofgoods combines the civil-law concepts of confusio (a mixture ofliquids) and commixtio (a mixture of dry items). - Also termed intermixture of goods; confusio bonorum.

confusion of rights See MERGER (9).

confusion of titles The merger of two titles to the same land in the same person. Cf. MERGER (9).

conge d'accorder (kawn-zhay da-kor-day). [Law French]. Leave to accord . Courts used this phrase in fictitious land-title lawsuits to grant the defendant permission to agree with the plaintiffs allegations. See FINE (1).

conge d'emparler (kawn-zhay dawm-pahr-Iay). [French]. Leave to imparl. This phrase was formerly used by a defendant to request leave of court for additional time to file a responsive pleading. See IMPARLANCE.

congeable (kon-jee-a-bal), [fr. French conge "permission"]. Lawful; permissible.

congeries (kon-jeer-eez or kon-ja-reez). A collection or aggregation <a congeries of rights>.

conglomerate (k;m-glom-ar-it), A corporation that owns unrelated enterprises in a wide variety of industries. Also termed conglomerate corporation. conglomerate (kan-glom-a-rayt), vb. conglomerate (kan-glom-ar-it), adj.

conglomerate corporation See CONGLOMERATE.

conglomerate merger See MERGER.

congress 1. A formal meeting of delegates or representatives; CONVENTION (4). 2. (cap.) The legislative body of the federal government, created under u.s. Const. art. I, § 1 and consisting of the Senate and the House of Representatives.

congress of authors and artists A 19thcentury convention of writers, artists, librarians, and others promoting universal copyright protection . The Congress, which met in 1858, 1861, and 1877, passed resolutions that helped lay the groundwork for the Berne Convention. See BERNE CONVENTION.

congressional budget office An office in the legislative branch of the federal government responsible for forecasting economic trends, making cost estimates, conducting special studies in budget-related areas, and issuing annual reports that discuss federal spending and revenue levels and the allocation of funds . It was established by the Congressional Budget and Impoundment Control Act of 1974. Abbr. CBO.

congressional committee A committee of the House of Representatives, a committee of the Senate, or a joint committee.

congressional committee- See COMMITTEE.

congressional district See DISTRICT.

congressional district- A geographical unit of a state from which one member of the U.S. House of Representatives is elected.

congressional globe A privately issued record of the proceedings in Congress . The Globe was the sole record of congressional speeches and statements from 1833 until the publicly printed Congressional Record appeared in 1873. It contains the congressional debates of the 23d through the 42d Congress,

congressional immunity See IMMUNITY (1).

congressional immunity- Either of two special immunities given to members of Congress: (1) the exemption from arrest while attending a session of the body to which the member belongs, excluding an arrest for treason, breach of the peace, or a felony, or (2) the exemption from arrest or questioning for any speech or debate entered into during a legislative session. U.S. Const. art. I, § 6, cl. 1. See SPEECH AND DEBATE CLAUSE.

congressional intent See LEGISLATIVE INTENT.

congressional power The authority vested in the U.S. Senate and House of Representatives to enact laws and take other constitutionally permitted actions. U.S. Canst. art. 1.

congressional power See POWER (3).

congressional record The official record of the daily proceedings in the U.S. Senate and House of Representatives. Members of Congress are allowed to edit their speeches before printing, and they may insert material never actually spoken by obtaining permission from their respective houses to revise or extend their remarks.

congressional research service A nonpartisan agency in the Library of Congress that researches and analyzes legislative issues for congressional committees and individual members of Congress. Congress created the agency in 1914 as the Legislative Reference Service. It was renamed in 1970. Abbr. CRS.

congressional survey See government survey under SURVEY.

congressional-reference case A request by Congress for the United States Court of Claims to give an advisory opinion on the merits of a non pension claim against the United States. See 28 USCA §§ l492, 2509.

congressional-reference case- See CASE.

conjectio (kan-jek-shee-oh), [Latin "an inference"]. A conclusion drawn from evidence; a fact inferred from the evidence presented. PI. conjectiones (kan-jek-shee-oh-neez).

conjectio causae (kan-jek-shee-oh kaw-zee). [Latin "putting together of a cause"] Roman law. A summary presentation of a case before the court by the parties or their advocates.

conjectura pietatis (kan-jek-cha-ra pI-a-tay-tis). [Latin]. A conclusion arising from a natural duty.

conjectural choice, rule of The principle that no basis for recovery is presented when all theories of casation rest only on conjecture. See CONJECTURE.

conjecture (kan-jek-char), A guess; supposition; surmise. conjecture (kan-jek-char), vb. conjectural (kan-jek-char-al), adj.

conjlicting evidence Evidence that comes from different sources and is often irreconcilable.

conjoint (kan-joynt), A person connected with another in a joint interest, obligation, or undertaking, such as a cotenant or spouse. conjoint, adj.

conjoint robbery (kan-joynt). A robbery committed by two or more persons.

conjoint robbery See ROBBERY.

conjoint will See joint will under WILL.

conjudex (kon-joo-deks). [fr. Latin con "together" + judex" judge"]. An associate judge.

conjugal (kon-ja-gal), Of or relating to the married state, often with an implied emphasis on sexual relations between spouses <the prisoner was allowed a private bed for conjugal visits>.

conjugal rights See CONJUGAL RIGHTS.

conjugal rights The rights and privileges arising from the marriage relationship, including the mutual rights of companionship, support, and sexual relations . Loss of conjugal rights amounts to loss of consortium. See CONSORTIUM.

conjugal union See MARRIAGE (1).

conjugal visit An opportunity for physical contact granted to a prisoner and the prisoner's spouse, usu. in the form of an overnight stay at the prison. Some jurisdictions allow conjugal visits between unmarried partners.

conjugium (kan-joo-jee-am), [fr. Latin con "together" + jugum "yoke"]. condition of being married.

conjunct (kan-jangkt or kon-jangkt), (Of persons) so closely related to a person (such as an insolvent) as to be disqualified from acting as a judge or witness in a case involving that person.

conjuncta (kan-jangk-ta). [Latin], Things (usu. words or phrases) that are joined together. Cf. DISJUNCTA.

conjunctim (kan-jangk-tim), [Latin] Roman law. Conjointly. Heirs instituted conjunctim, for example, became coheirs with equal shares. Cf. DISJUNCTIM.

conjunctim et divisim (kan-jangk-timet da-vl-zim or -sim). [Latin]. Jointly and severally.

conjunctio animorum (kan-jangk-shee-oh an-a-mor-am). [Latin] Scots law. The mutual consent of parties to a marriage.

conjunctive denial See DENIAL.

conjunctive denial- A response that controverts all the material facts alleged in a complaint.

conjunctive obligation See OBLIGATION.

conjunctive obligation An obligation composed of multiple performances that can be separately rendered or enforced esp, an obligation in which several objects are connected by and (not or) or are in some other way clearly meant to be separately included in the contract. For example a loan agreement conjunctive obligation may require payment of four loan installment s and delivery of a deed of trust. Each loan installment and the deed s delivery is a separate enforceable performance.

conjuratio (kon-juu-ray-shee-oh). [Latin] CONJURATION.

conjuration (kon-ja-ray-shan). 1. A plot or compact made by persons who swear to each other to do something that will result in public harm. 2. 'The offense of attempting a conference with evil spirits to discover some secret or effect some purpose; witchcraft; sorcery. "Coniuration (coniuratio) is the very French word drawne from the latine, which as it is compounded of (con & iuro) so it signifieth a compact or plot, made by men combining themselves together by oath or promise, to do some publique harme. But in our common lawe, it is especially used for such as have personali conference with the devil! or evill spirit, to know any secret, or to effect any purpose. And the difference that I have observed (how truly let those judge that be beter skilled in these maters) betweene coniuration and witchcraft, is because the one seemeth, by prayers and invocation of Gods powerfull names, to compell the devill, to say or doe what he commandeth him: the other dealeth rather by a friendly and voluntarie conference or agreement betweene him or her and the devill or familiar, to have her or his desires and turnes served in lieu of blood, or other gift offered unto him, especially of his or her soule." John Cowell, The Interpreter (1607).

conjurator (kon-ja-ray-tar). A person who swears an oath with others; a coconspirator.

connecting factor A factual or legal circumstance that helps determine the choice of law by linking an action or individual with a state or jurisdiction. An example of a connecting factor is a party's domicile within a state. See POINT OF ATTACH

connecting-up doctrine The rule allowing evidence to be conditionally admitted if the offering party promises to show relevance by addUcing other evidence.

connexity (ka-nek-sa-tee). Connectedness; the quality of being connected. In some states, connexity expresses the relationship that must exist between a foreign party (such as a corporation) and the state for a plaintiff to maintain personal jurisdiction over the party; generally, the claim must arise from a transaction connected with the activities of the party in the state.

connivance (ka-nI-vants), 1. 'The act of indulging or ignoring another's wrongdoing, esp. when action should be taken to prevent it. 2. Family law. As a defense to divorce, one spouse's corrupt consent, express or implied, to have the other commit adultery or some other act of sexual misconduct. Consent is an essential element of connivance. 'The complaining spouse must have consented to the act complained of. Divorce Cf. COLLUSION (2); CONDONATION (2); RECRIMINATION. connive (ka-nIv), vb.

connive (ka-nIv), 1. To knowingly overlook another's wrongdoing. 2. Loosely, to conspire.

connubium See CONUBIUM.

conqueror [fr. Law French conquerir "to acquire"]. 1. One who acquires territory by force during war with the intention of exercising sovereignty. See CONQUEST (1). 2. The first person who acquired land by purchase; one who first brought an estate into a family. See CONQUEST (2): PURCHASE (2).

conqueror- [Latin] To complain. Conqueror served as a declaratory statement in petitions, often by introducing the complaint: Conqueror quod . ... ("I complain that ....").

conquest 1.An act of force by which, during a war, a belligerent occupies territory within an enemy country with the intention of extending its sovereignty over that territory. That intention is usu. explained in a proclamation or some other legal act. 2. Hist. The acquisition ofland by any method other than descent, esp. by purchase. 3. Hist. The land so acquired. Cf. PURCHASE (2). "What we call purchase, perquisitio, the feudists called conquest, conquaestus, or conquisitio: both denoting any means of acquiring an estate out of the common course of inheritance. And this is still the proper phrase in the law of Scotland: as it was, among the Norman jurists, who stiled the first purchasor (that is, he who first brought the estate into the family which at present owns it) the conqueror or conquereur. Which seems to be all that was meant by the appellation which was given to William the Norman, when his manner of ascending the throne of England was, in his own and his successors' charters, and by the historians of the times, entitled conquaestus, and himself conquaestor or conquisitor; signifying, that he was the first of his family who acquired the crown of England, and from whom therefore all future claims by descent must be derived: though now, from our disuse of the feodal sense of the word, together with the reflection on his forcible method of acquisition, we are apt to annex the idea of victorvto this name of conquest or conquisition; a title which, however just with regard to the crown, the conqueror never pre· tended with regard to the realm of England; nor, in fact, ever had." 2 William Blackstone, Commentaries on the Laws of England 242-43 (1766).

conquet See ACQUET (1).