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consistorium (kon-sis-tor-ee-am), n. [Latin] Roman law. In the later Empire, the emperor's privy council that functioned both as a general council of state and as a supreme court of law.

consistory court (kan-sis-tar-ee). Eccles. law. ]n England, a diocesan court exercising jurisdiction over the clergy and church property, such as a and other ecclesiastical matters. Consistory courts are presided over by the bishop's chancellor or the chancellor's commissary. Also termed consistorial court. Cf. BISHOP'S COURT.

consistory court- See CONSISTORY COURT.

consobrini (kon-sa-bri-ni), n. pl. [Latin] Roman law. First cousins; children of brothers and sisters, or, more precisely, of two sisters.

consol (kon-sol or kan-sol). See annuity bond under BOND (3).

consolato del mare (kawn-soh-Iah-toh del mah-ray). [Italian "consolate of the sea"] Hist. Maritime law. An influential collection of European maritime customs, referred to by commercial judges (consuls) in ports of the kingdom of Aragon and other Mediterranean maritime towns. The Consolato del Mare was compiled in the 14th century and soon became one of the leading maritime codes of Europe. It is widely believed to be a Spanish work, but some historians suggest its origin is actually Italian. Also written Consolat de Mar.

consolidate 1. To combine or unify into one mass or body. 2. Civil procedure. To combine, through court order, two or more actions involving the same parties or issues into a single action ending in a Single judgment or, sometimes, in separate judgments. 3. Corporations. To unite (two or more corporations or other organizations) to create one new corporation or other organization.

consolidated appeal An appeal in which two or more parties, whose interests were similar enough to make a joinder practicable, proceed as a Single appellant.

consolidated appeal- See APPEAL.

consolidated bond 1. A railroad bond secured by a mortgage on the entire railroad line formed by several consolidated railroads. Cf. divisional bond. 2. A single bond that replaces two or more outstanding issues.

consolidated bond- See BOND (3).

consolidated financial statement See FINANCIAL STATEMENT.

consolidated financial statement- The financial report of a company and all its subsidiaries combined as if they were a single entity.

consolidated laws See CODE (1).

consolidated mortgage See MORTGAGE.

consolidated omnibus budget reconciliation act of 1985 A federal statute requiring employers that offer group health coverage to their employees to continue to do so for a prescribed period (usu. 18 to 36 months) after employment has terminated so that the former employee can continue to benefit from group-health rates until becoming a member of another healthinsurance plan. The statute temporarily continues group-health coverage for a person no longer entitled to receive it, such as a terminated employee or an overage dependent. "Qualifying events" justifying the continuation of group-health-insurance benefits include divorce, legal separation, or the death of a spouse. So COBRA often provides critical transitional coverage until a separated, divorced, or surviving spouse and children can arrange for new health insurance. The period of transitional coverage is up to 36 months, and an applicant spouse of the employee must make written application to the employer within 60 days of the separation or divorce. - Abbr. COBRA. "In the absence of any type of statutory vesting provision (which would render benefits nonforfeitable), terminated employees were generally left without health care coverage while they were looking for another job. While some state insurance laws provide for limited continuation coverage or individual conversion options, these alternatives were not available in all states. .. Thus, COBRA was designed to fill this void, by providing a statutorily mandated mechanism for enabling terminated employees (and their eligible family members) to continue to have access to group health coverage at group rates until they can get another job or otherwise arrange for replacement coverage." I.M. Golub et ai., COBRA Handbook § 1.1, at 1-2 (1994).

consolidated return See TAX RETURN.

consolidated return A return that reflects combined financial information for a group of affiliated corporations.

consolidated school district A public-school district in which two or more existing schools have consolidated into a Single district.

consolidated school district See SCHOOL DISTRICT.

consolidated school district- See SCHOOL DISTRICT.

consolidated security See SECURITY.

consolidated security (usu. pl.) A security issued in large enough numbers to provide the funds to retire two or more outstanding issues of debt securities.

consolidated sentence See general sentence.

consolidated sentence See general sentence under SENTENCE.'

consolidating statute A law that collects the legislative provisions on a particular subject and embodies them in a Single statute, often with minor amendments and drafting improvements. Courts generally presume that a consolidating statute leaves prior case1aw intact. Cf. codifying statute. "A distinction of greater importance in this field is that between consolidating and codifying statutes. A consoli-dating statute is one which collects the statutory provisions relating to a particular topic, and embodies them in a single Act of Parliament, making only minor amendments and improvements. A codifying statute is one which purports to state exhaustively the whole of the law on a particular subject (the common law as well as previous statutory provisions). The importance of the distinction lies in the courts treatment of the previous case law, the existence of special procedural provisions with regard to consolidating statutes and the existence of a presumption that they do not change the law." Rupert Cross, Statutory Interpretation 5 (1976).

consolidating statute See STATUTE.

consolidation 1. The act or process of uniting; the state of being united. 2. Legislation. The combination into a single statutory measure of various legislative provisions that have previously been scattered in different statutes. 3. Civil procedure. The court-ordered unification of two or more actions, involving the same parties and issues, into a Single action resulting in a Single judgment or, sometimes, in separate judgments. Fed. R. Civ. P. 42(a). Also termed consolidation of actions. Cf. JOINDER; SEVERANCE (2). [Cases: Action

consolidation loan See LOAN.

consolidation of actions See CONSOLIDATION (3).

consolidation of corporations See CONSOLIDATION (4).

consolidation of mortgages The equitable right of a mortgagee who holds multiple mortgages on real property owned by the same person to refuse to release one mortgage unless all the mortgages are redeemed.

consonant statement See STATEMENT.

consonant statement A witnesss previous dec1aration, testified to by a person to whom the declaration was made and allowed into evidence only after the witnesss testimony has been impeached. This type of evidence would, but for the impeachment of the witness, be inadmissible hearsay. Cf. prior consistent statement.

consortium (kan-sor-shee-am). 1. The benefits that one person, esp. a spouse, is entitled to receive from another, including companionship, cooperation, affection, aid, financial support, and (between spouses) sexual relations <a claim for loss of consortium>. See LOSS OF CONSORTIUM; CONJUGAL RIGHTS.

consortium vitae (kan-sor-shee-am vi-tee). [Law Latin] Hist. Cohabitation; the agreement between two parties to live together.

consortship (kon-sort-ship). Maritime law. An agreement by which salvors agree to work together to salvage wrecks, the recovery being apportioned among the salvors. Consortships reduce interference among competing salvors and help prevent collisions at sea between operators attempting to salvage the same wreck.

conspicuous adj. (Of a term or clause) clearly visible or obvious. - Whether a printed clause is conspicuous as a matter of law usu. depends on the size and style of the typeface. Under the UCC, a term or clause is conspiCUOUS if it is written in a way that a reasonable person against whom it is to operate ought to notice it. UCC § 1-201(10). See FINE PRINT.

conspicuous place For purposes of posting notices, a location that is reasonably likely to be seen.

conspiracy An agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective, and (in most states) action or conduct that furthers the agreement; a combination for an unlawful purpose. 18 USCA § 371. Conspiracy is a separate offense from the crime that is the object of the conspiracy. A conspiracy ends when the unlawful act has been committed or (in some states) when the agreement has been abandoned. A conspiracy does not automatically end if the conspiracy's object is defeated. See Model Penal Code § 5.03(7); United States v. Jiminez Recio, 537 U.S. 270, 123 S.Ct. 819 (2003). Also termed criminal conspiracy. Cf. ATTEMPT (2); SOLICITATION (2). conspiratorial, adj. "Conspiracie (conspiratio) though both in Latine and French it be used for an agreement of men, to doe any thing either good or bad: yet in our lawyers bookes, it is alway taken in the evill part." John Cowell, The Interpreter (1607). "[Conspiracy is an] elastic, sprawling and pervasive offense, ... so vague that it almost defies definition. Despite certain elementary and essential elements, it also, chameleon·like, takes on a special coloration from each of the many independent offenses on which it may be overlaid. It is always 'predominantly mental in composition' because it consists primarily of a meeting of minds and an intent." Krulewitch v. United States, 336 U.S. 440, 445-48, 69 S.Ct. 716, 719-20 (1949) (Jackson,J., concurring). "When two or more persons combine for the purpose of inflicting upon another person an injury which is unlawful in itself, or which is rendered unlawful by the mode in which it is inflicted, and in either case the other person suffers damage, they commit the tort of conspiracy.

conspiracy in restraint of trade See RESTRAINT OF TRADE.

conspiracy to monopolize Antitrust. A conspiracy to take exclusive control of a commercial market. Under § 2 of the Sherman Act, a conspiracy to monopolize exists if there is a conspiracy or concerted action directed at a substantial part of interstate commerce with the intent to acquire monopoly power.

conspiracy to infringe Intellectual property. An agreement by two or more persons to commit an act that would interfere with the exclusive rights of a patent, copyright, or trademark owner. This action is commonly recognized in trademark law. 18 USCA § 371; 17 USCA § 506(a)(l). The Copyright Act does not provide a basis for alleging a conspiracy to infringe, but an action is recognized by some states. The Patent Act provides no basis for an action asserting conspiracy to infringe because patent law covers only acts, not threats of acts.

conspirator A person who takes part in a conspiracy.

conspire To engage in conspiracy; to join in a conspiracy.

constable (kon-sta-bal), n. 1. A peace officer responsible for minor judicial duties, such as serving writs and warrants, but with less authority and smaller jurisdiction than a sheriff. 2. In the United Kingdom, a police officer; also, the title of a police officer. - constabulary (kan-stab-ya-ler-ee), adj. - constabulary (police station or force), n.

constablewick (kon-sta-bal-wik). Hist. In the United Kingdom, the territorial jurisdiction of a constable. Cf. BAILIWICK.

constant dollars The value of current money expressed as a percentage of its buying power in a previous year as determined by the consumer price index. This value is used as a measure of inflation.

constat (kon-stat), n. [Latin "it is settled"] Hist. A certificate made by the Clerk of the Pipe and the auditors of the Exchequer at the request of a person intending to plead in the Court of Exchequer for the discharge of some item. The constat certified what appeared on record.

constat de persona (kon-stat dee par-soh-na). [Law Latin] Hist. It is evident what person was meant. A writing that misidentified a person was enforceable if the true identity of the person was evident from the remainder. of the document. See DUMMODO CONSTET DE PERSONA.

constat de subjecto (kon-stat dee sab-jek-toh). [Law Latin) Hist. It is clear as to the subject matter (of a transaction). .

constate (kan-stayt), vb. To establish, constitute, or ordain. Constate usu. appears in relation to corporate documents; for example, a corporation is constated by its charter, organic law, or grant of powers to it.

constituency 1. The body of citizens dwelling in a defined area and entitled to elect a representative. 2. The residents of an electoral district.

constituency-based quorum See interest-based quorum under QUORUM.

constituent adj. 1. (Of a component) that helps make up or complete a unit or a whole <a constituent element of the criminal offense>. 2. (Of an assembly) able to frame or amend a constitution <a constituent council>.

constituent- 1. A person who gives another the authority to act as a representative; a principal who appoints an agent. 2. Someone who is represented by a legislator or other elected official. 3. One part of something that makes up a whole; an element. constituency, n.

constituent element An essential component of a crime or cause of action.

constituere (kon-sti-tyoo-a-ree), vb. [Latin "to appoint"] Hist. To appoint (someone). Constituere was used principally in powers of attorney: attornavi et in loco mea constitui ("I have attorned and put in my place").

constituted annuity Louisiana law. An annuity that has a maximum duration of 10 years and, under some circumstances, can be redeemed before the term's expiration. La. Civ. Code art. 2796.

constituted annuity- See ANNUITY.

constituted authority (often pl.) Each of the legislative, executive, and judicial departments officially and rightfully governing a nation, people, municipality, or other governmental unit; an authority properly appointed or elected under organic law, such as a constitution or charter.

constituted authority- See AUTHORITY (3).

constitutio (kon-sti-t[y]oo-shee-oh), n. [Latin "a decree"] 1. Roman law. An imperial decree; a law issued by the emperor; later, in the plural form constitutiones, a collection of laws. The eonstitutiones took various forms, including orationes (laws submitted to the Senate), edieta (laws usu. of a general character put forth by the emperor), mandata (administrative directives to imperial officials), decreta (decisions by the emperor in legal cases), and reseripta (the emperor's responses to questions posed by litigants or imperial officials). Over time, the rapidly increasing number of eonstitutiones prompted their arrangement into collections such as the Theodosian Code and the Code of Justinian. They were the sole form oflegislation after the third century A.D. PI. constitutiones (kon-sti-t[yjoo-shee-oh-neez). Also termed (collectively) eonstitutiones principum. See CODEX THEODOSIANUS; JUSTINIAN CODE. "The name constitutiones, applied to the law-making utterances of the Roman emperors, had a very different meaning from our word 'constitution,' used to denote the fundamental, organic law of the state, Every official public document issuing from the emperor, and creating, declaring, or modifying law, was a constitutio . ... [Alnd it is hardly necessary to say that, although profeSSing to come from the person of the emperor, they were actually composed by jurists, and usually by those who stood first in their profession." James Hadley, Introduction to Roman Law 6-7 (1881). 2. Civil law. A settlement achieved without a trial; the sum paid according to the settlement. 3. Hist. In England, a statute; a provision of a statute. PI. constitutiones (kon -sti- t[yJoo-shee-oh-neez).

constitution 1. The fundamental and organic law of a nation or state that establishes the institutions and apparatus ofgovernment, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties. 2. The written instrument embodying this fundamental law, together with any formal amendments.

constitutional 1. Of or relating to a constitution <constitutional rights>. 2. Proper and valid under a constitution <constitutional actions>.

constitutional challenge A claim that a law or governmental action is unconstitutional.

constitutional challenge- See CHALLENGE (1).

constitutional convention See CONVENTION (2).

constitutional court See COURT.

constitutional court- 1. A court named or described and expressly protected in a constitution; esp., ARTICLE III COURT. 2. A court whose jurisdiction is solely or primarily over claims that legislation (and sometimes executive action) is inconsistent with a nation's constitution. Germany, for example, has state constitutional courts and a Federal Constitutional Court.

constitutional freedom A basic liberty guaranteed by the Constitution or Bill of Rights, such as the freedom of speech. Also termed constitutional protection; constitutional liberty.

constitutional guarantee A promise contained in the United States Constitution that supports or establishes an inalienable right, such as the right to due process.

constitutional homestead See HOMESTEAD.

constitutional homestead- A homestead, along with its exemption from forced sale, conferred on the head of a household by a state constitution. - Also termed statutory homestead; pony homestead.

constitutional immunity See IMMUNITY (1).

constitutional immunity- Immunity created by a constitution.

constitutional law 1. The body of law deriving from the U.S. Constitution and dealing primarily with governmental powers, civil rights, and civil liberties. 2. The body oflegal rules that determine the constitution of a state or country with an unwritten constitution. Cf. STATUTORY LAW; COMMON LAW. 3. The field ofIaw dealing with aspects of constitutional provisions, such as restrictions on government powers and guarantees of rights.

constitutional liberty See CONSTITUTIONAL FREEDOM.

constitutional limitation A constitutional provision that restricts the powers of a governmental branch, department, agency, or officer.

constitutional majority See majority of all the members under MAJORITY.

constitutional malice See actual malice (2) under MALICE.

constitutional monarchy See limited monarchy under MONARCHY.

constitutional office A public position that is created by a constitution, rather than by a statute.

constitutional officer See OFFICER (1).

constitutional officer A government official whose office is created by a constitution, rather than by a statute; one whose term of office is fixed and defined by a constitution.

constitutional protection See CONSTITUTIONAL FREEDOM.

constitutional question A legal issue resolvable by the interpretation of a constitution, rather than a statute.

constitutional right A right guaranteed by a constitution; esp., one guaranteed by the U.S. Constitution or by a state constitution.

constitutional taking See TAKING (2).

constitutional tort See TORT.

constitutional-fact doctrine 1. The rule that federal courts are not bound by an administrative agency's findings of fact when the facts involve whether the agency has exceeded constitutional limitations on its power, esp. regarding personal rights. The courts reviewed the facts de novo to afford protection of constitutional rights. Although it has not been overruled or wholly discredited, this rule has fallen out of favor. 2. The rule that a federal appellate court is not bound by a trial court's findings of fact when constitutional rights are implicated, specifically in citizenship-determination and First Amendment cases. See, e.g., Bose Corp. v. Consumers Union, 466 U.S. 485,104 S.Ct. 1949 (1984). Cf. JURISDICTIONAL-FACT DOCTRINE.

constitutionality The quality or state of being constitutional <the constitutionality of the senator's bill is questionable>.

constitutionalize 1. To provide with a constitution <constitutionalize the new government>. 2. To make constitutional; to bring in line with a constitution <the court plans to constitutionalize the segregated school district>. 3. To make a constitutional question out of (a question of law); to subject (issue, etc.) to the burden of passing constitutional muster <the dissenter accused the majority of unnecessarily constitutionalizing its the issue>.

constitutiones principum (kon-sti-t[y]oo-shee-oh-neez prin-sip-a). [Latin] See CONSTITUTIO.

constitutions of clarendon A 12th-century statement of customary law, produced during the reign of Henry II, intended to limit the jurisdiction of the ecclesiastical courts and narrow the clergy's exemption from secular justice. "During the first half of the twelfth century the claims of the church were growing, and the duty of asserting them passed into the hands of men who were not mere theologians but expert lawyers. Then, as ali know, came the quarrel between Henry and Becket. In the Constitutions of Clarendon (1164) the king offered to the prelates a written treaty, a treaty which, so he said, embodied the 'customs' of his ancestors, more especially of his grandfather. Becket, after some hesitation, rejected the constitutions. The dispute waxed hot; certain of the customs were condemned by the pope. The murder followed ...[F] rom [Henry's] time onwards the lay courts, rather than the spiritual, are the aggressors and the victors in almost every contest:' 1 Frederick Pollock & Frederic W, Maitland, The History of English Law 124~25 (2d ed, 1898),

constitutor (kon-sta-t[y]oo-tar), n. [Latin "an orderer, arranger"] Roman law. A person who, by agreement, becomes responsible for the payment of another's debt.

constitutum (kon-sti-t[y]oo-tam), n. [Latin "agreed arrangement"] Roman law. 1. An agreement to pay an existing debt, either one's own or another's, on a fixed day. A constitutum was not a novation; the creditor could still sue the original debtor. It differed from a stipulation because it had to be for an existing debt. If the pron1ise was to pay one's own debt, it was called constitutum debiti proprii. If it was to pay another's debt, then it was constitutum debiti alieni. 2. The fixing of a day for the repayment of money owed.

constitutum debiti (kon-sti-t[y]oo-tam deb-a-tI). [Latin "debt agreement"] Roman law. See CONSTITUTUM (1).

constitutum debiti alieni (kon-sti-t[y]oo-tam deb-a-ti ay-Iee-a-ni). [Latin" debt agreement"] Roman law. See CONSTITUTUM (1).

constitutum debiti proprii (kon-sti-t[y]oo-tam deb-a-ti proh-pree-i). [Latin "debt agreement"] Roman law. See CONSTITUTUM (1).