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constructive treason See TREASON.

constructive trespass See trespass to chattels under TRESPASS.

constructive trust See TRUST.

constructive-abandonment See constructive desertion under DESERTION.

constructive-receipt doctrine The rule that gross income under a taxpayer's control before it is actually received (such as accumulated interest income that has not been withdrawn) must be included by the taxpayer in gross income, unless the actual receipt is subject to significant constraints. IRC (26 USCA) § 451.

construe (kan-stroo), vb. To analyze and explain the meaning of (a sentence or passage) <the court construed the language of the statute>.

constuprate (kon-st[y]-prayt), vb. Archaic. To rape or violate (a person).

consuetudinarius (kon-swa-t[y]oo-di-nair-ee-as). [fr. Latin consuetudo "custom"] Hist. Eccles. law. A book containing the rites and forms of divine offices or customs of abbeys and monasteries.

consuetudinary law See LAW.

consuetudinary law (kon-swa-t[y]oo-da-ner-ee). [fr. Latin consuetudo "custom"]. Ancient customary law that is based on an oral tradition.

consuetudines feudorum (kon-swa-t[y]oo-di-neez fyoo-dor-am). [Law Latin "the customs of fiefs"] Hist. See FEUDORUM LIBRI.

consuetudinibus et serviciis (kon-swa-t[y]oo-din-a-bas et sar-vish-ee-is). [Law Latin "customs and services"] Hist. A writ of right that lay against a tenant who withheld rent or services from the lord.

consuetudo (kon-swa-t[y]oo-doh), n. [Latin "custom"]!. Roman law. Custom; long-established usage or practice. 2. Hist. Customary law. Consuetudo generally bears this sense, referring to law that has been long approved by the will of the people. It is a broad term that includes both the common law and the statutory law of England. 3. Hist. A duty or tax.

consuetudo anglicana (kon-swa-t[y]oo-doh ang-gli-kay-na). [Law Latin "the custom of England"] Hist. The English common law, as distinguished from Roman or civil law.

consuetudo curiae (kon-swa-t[y]oo-doh kyoor-ee-ee). [Latin] Hist. The custom or practice of a court.

consuetudo mercatorum (kon-swa-t[y]oo-doh mar-ka-tor-am). [Latin "the custom of merchants"] Hist. See LAW MERCHANT. Also termed consuetudo mercatoria.

consul (kon-sal), n. 1. A governmental representative living in a foreign country to oversee commercial and other matters involving the representative's home country and its citizens in that foreign country. Consuls are not diplomatic agents, so unless a treaty provides otherwise, they do not enjoy diplomatic privileges and immunities. But consuls are entitled to consular immunities, which protect them from local law and jurisdiction in the exercise of their consular functions. consular (kon-sa-lar), adj. consulship (kon-sal-ship), n. "The commerCial agents of a government, residing in foreign parts, and charged with the duty of promoting the commercial interests of the state, and especially of its individual citizens or subjects, are called consuls. These, under the regulations of some countries, are of different grades, being either consuls-general. consuls, or vice-consuls, from whom consular agents differ little." Theodore D. Woolsey, Introduction to the Study of International Law § 99, at 159 (5th ed. 1878). "Consuls are commercial, not diplomatic agents. They reside abroad for the purpose of protecting the individual interests of traders, travellers, and mariners belonging to the 5tate which employs them ...They exercisejurisdiction over their countrymen, their persons are inviolable, their residences may be used as asylums in the case of war or tumult, and in fact they more than the ordinary diplomatic immunities." T.). A Handbook ofPublic International Law 86-87 (lOth ed. 1925).

consul general A high-ranking consul appointed to a strategically important region and often having supervisory powers over other regions or other consuls. 2. Roman law. One of two chief magistrates elected annually during the Republic to exercise supreme authority. Under the Empire, the consulship was reduced to a sinecure, held by appointees of the emperor or the emperor himself. 'The principal inheritors of the royal authority and dignity were the two consuls elected by the comitia centuriata. They enjoyed equal powers. In the calendar the year was distinguished by their names. They convoked and initiated legislation in either comitia. In special emergencies, particularly in times of grave crisis, either consul might appoint a dictator who exercised supreme authority, but not beyond six months, unless re-appointed .... it was abolished by Justinian in A.D. 541, though later emperors continued to assume the title." R.w. Lee, The Elements of Roman Law 14 (4th ed. 1956).

consul general- See CONSUL.

consular court See COURT.

consular court- (kon-sa-lar). A court held by the consul of one country within the territory of another. Consular courts are created by treaty, and their jurisdiction is usu. limited to civil cases. The last of the U.S. consular courts (Morocco) was abolished in 1956.

consular invoice An invoice used to hasten the entry of goods into a country by bearing the signature of the countrys consul as assurance that the shipments contents have been preverified for quantity and value.

consular invoice See INVOICE.

consular jurisdiction The exercise of a judicial function by a consul in a foreign territory, as by performing a wedding ceremony between nationals of the country represented by the consul.

consular law The law relating to consuls, developed through custom and multitudes of bilateral consular agreements.

consular marriage See MARRIAGE (1).

consular relations The aggregate of relations established between two countries through the exercise of consuls' functions on behalf of a sending state within the territory of a receiving state. See sending state and receiving state under STATE.

consulate (kon-sa-lit). 1. The office or jurisdiction of a consul <the senator advised the businessman to notify the U.S. consulate in Kuwait before the countrv>. 2. The iocation of a consul's office or residence family was staying on the second floor, just above the Turkish consulate>.

consultation 1. The act of asking the advice or opinion of someone (such as a lawyer). 2. A meeting in which parties consult or confer. 3. Int'l law. The interactive methods by which states seek to prevent or resolve disputes. consult, vb. consulting, consultative, adj.

consultative exam As a foundation for an expert opinion, a check-up performed by a qualified medical professional to determine whether a person has a mental or physical disability, and, if so, the extent of the disability and expectations for improvement.

consulting expert See EXPERT.

consulting expert- An expert who, though retained by a party, is not expected to be called as a witness at trial. A consulting expert's opinions are generally exempt from the scope of discovery. Fed. R. Civ. P. 26(b)(4)(B). Also termed nontestifying expert.

consumable A thing (such as food) that cannot be used without changing or extinguishing its substance. Cf. NONCONSUMABLE. consumable, adj.

consumer A person who buys goods or services for personal, family, or household use, with no intention of resale; a natural person who uses products for personal rather than business purposes.

consumer boycott A boycott by consumers of products or services to show displeasure with the manufacturer, seller, or provider.

consumer boycott- See BOYCOTT.

consumer confusion The incorrect perception formed by a purchaser or user about a product's or service's manufacturer or origin. The mistake usu. occurs when a product or service is marketed in a way that makes it appear to be affiliated with a well-known product, service, or provider. Also termed actual consumer confusion; user confusion; actual user confusion.

consumer credit See CREDIT (4).

consumer credit- Credit extended to an individual to facilitate the purchase of consumer goods and services.

consumer credit code See UNIFORM CONSUMER CREDIT CODE.

consumer credit protection act A federal statute that safeguards consumers in the use of credit by (1) requiring full disclosure of the terms of loan agreements, including finance charges, (2) restricting the garnishment of wages, and (3) regulating the use of credit cards. 15 USCA §§ 1601-1693. Many states have also adopted consumer-credit-protection acts. Abbr. CCPA. - Also termed Truth in Lending Act (abbr. TILA). See UNIFORM CONSUMER CREDIT CODE.

consumer debt See DEBT.

consumer debt- A debt incurred by someone primarily for a personal, family, or household purpose. "What are 'consumer' debts? Section 101 (8) defines a consumer debt as follows: 'consumer debt means debt incurred by an individual primarily for a personal, family, or household purpose. The touchstone is the debtor's use of the money. The nature of the collateral, the business of the creditor and the form of the loan are all irrelevant. A loan of $25,000 from a Credit Union to pay for a child's education is a consumer debt, but the same loan used to finance the opening of an accounting business is not a consumer debt. This is so irrespective of the nature of the collateral put up for the debt." David G. Epstein et aI., Bankruptcy § 7-45, at 579 (1993).

consumer finance company See FINANCE COMPANY.

consumer finance company- A finance company that deals directly with consumers in extending credit. Also termed small-loan company.

consumer goods See GOODS.

consumer goods- Goods bought or used primarily for personal, family, or household purposes, and not for resale or for producing other goods. UCC § 9-102(23).

consumer law The area of law dealing with consumer transactions that is, a person's obtaining credit, goods, real property, or services for personal, family, or household purposes. Also termed consumer-transactions law.

consumer lease See LEASE.

consumer loan See LOAN.

consumer price index An index that tracks the price of goods and services purchased by the average consumer and that is published monthly by the U.S. Bureau of Labor Statistics. The consumer price index is used to monitor periodic changes in the rate of inflation. -Abbr. CPr. - Also termed cost-oj-living index. Cf. PRODUCER PRICE INDEX.

consumer product An item of personal property that is distributed in commerce and is normally used for personal, family, or household purposes. 15 USCA § 2301(1).

consumer product safety commission An independent federal regulatory commission that develops safety standards for consumer products and promotes research into the causes and prevention of productrelated deaths, illnesses, and injuries. It was established in 1972. 15 USCA §§ 2051 et seq. - Abbr. CPSC.

consumer transaction A bargain or deal in which a party acquires property or services primarily for a personal, family, or household purpose.

consumer-contemplation test A method of imposing product liability on a manufacturer if the evidence shows that a product's danger is greater than that which a reasonable consumer would expect. Also termed consumer-user-contemplation test; consumer-expectation test. Cf. RISK-UTILITY TEST.

consumer-credit sale See SALE.

consumer-credit sale A sale in which the seller extends credit to the consumer. A consumer-credit sale includes a lease in which the lessees rental payments equal or exceed the retail value of the item rented.

consumer-credit transaction A transaction by which a person receives a loan to buy consumer goods or services. Consumer-credit transactions are usu. subject to regulations enacted for the consumer's protection.

consumer-expectation test See CONSUMER-CONTEMPLATION TEST.

consumer-goods transaction Secured transactions. A transaction in which (1) an individual incurs an obligation primarily for a personal, family, or household purpose, and (2) a security interest in consumer goods secures the obligation. UCC § 9102(a)(24).

consumer-protection law A state or federal statute designed to protect consumers against unfair trade and credit practices involving consumer goods, as well as to protect consumers against faulty and dangerous goods.

consumer-transactions law See CONSUMER LAW.

consumer-user-contemplation test SEE CONSUMERCONTEMPLATION TEST.

consummate (kan-sam-it or kahn-sa-mit), adj. Completed; fully accomplished. Consummate was often used at common law to describe the status of a contract or an estate, such as the transformation of a husband's interest in his wife's inheritance from that of a tenant by the curtesy initiate to a tenant by curtesy consummate upon the wife's death (assuming that a child had been born during the marriage). See curtesy consummate under CURTESY. - consummation, n.

consummate- (kon-sa-mayt), vb. 1. To bring to completion; esp., to make (a marriage) complete by sexual intercourse. 2. To achieve; to fulfill. 3. To perfect; to carry to the highest degree.

consummate dower See DOWER.

consummate dower- (kan-sam-it or kahn-sa-mit). A widow's interest in her deceased husband '$ estate until that interest is legally assigned to her. - Also termed dower consummate.

consummate lien See LIEN.

consummation of marriage The first postmarital act of sexual intercourse between a husband and wife. Under canon law, a refusal to consummate the marriage may be grounds for an annulment or for divorce. But this is not so at common law or under modern state law.

consumption The act of destroying a thing by using it; the use of a thing in a way that exhausts it.

consumption tax See TAX.

consumption tax A tax imposed on sale of goods or services to be consumed.

contagion A discredited doctrine holding that revolution or abhorrent practices in a neighboring state justify its invasion and the overthrow of its government on the grounds of national security. The doctrine was employed by the Holy Alliance (1815-1848) in Europe to invade countries where revolutions were brewing. Also termed doctrine of contagion.

containing by estimate Archaic. More or less. This phrase usu. appears in deeds in which measurements are made by metes and bounds. It is redundant when the phrase "more or less" is used.

containment A policy of restricting the ideological or territorial expansion of one's enemy. This was the basic policy of the United States during the Cold War.

contango (kan-tang-goh), n. Securities. 1. A market in which long-term futures or options contracts sell at a premium over short-term contracts. Also termed normal market. 2. The premium so paid. The premium paid for securities with longer maturities reflects the cost of holding the commodity for future delivery.

contemn (kan-tem), vb. To treat (as laws or court orders) with contemptuous disregard. See CONTEMPT.

contemnor (kan-tem-ar or -nar or -nor). A person who is guilty of contempt before a governmental body, such as a court or legislature. - Also spelled contemner.

contemplation of bankruptcy The thought of declaring bankruptcy because of the inability to continue current financial operations, often coupled with action designed to thwart the distribution of assets in a bankruptcy proceeding. - Also termed contemplation of insolvency.

contemplation of death The thought of dying, not necessarily from imminent danger, but as the compelling reason to transfer property to another. See gift causa mortis under GIFT.

contemplation of insolvency See CONTEMPLATION OF BANKRUPTCY.

contemporanea expositio- (kan-tem-pa-ray-nee-a eks-pa-zish-ee-oh). [Latin "contemporaneous exposition"] The doctrine that the best meaning of a statute or document is the one given by those who enacted it or signed it, and that the meaning publicly given by contemporary or long professional usage is presumed to be the correct one, even if the language may have a popular or an etymological meaning that is very different.

contemporaneous and practical interpretation See contemporaneous construction under CONSTRUCTION.

contemporaneous construction An interpretation given at or near the time when a writing was prepared, usu. by one or more persons involved in its preparation. Also termed practical construction; practical interpretation; contemporaneous and practical interpretation. See CONTEMPORANEOUS-CONSTRUCTION DOCTRINE.

contemporaneous construction- See CONSTRUCTION.

contemporaneous-construction doctrine The rule that the initial interpretation of an ambiguous statute by an administrative agency or lower court is entitled to great deference if the interpretation has been used over a long period.

contemporaneous-objection rule The doctrine that a timely and proper objection to the admission of evidence must be made at trial for the issue of admissibility to be considered on appeal. An objection is timely if it is made as soon as practicable and is proper if made formally on the record. These requirements afford the trial court an opportunity to correct the alleged error, and they preserve the issue for appeal.

contemporary community standards The gauge by which a fact-finder decides whether material is obscene, judging by its patent offensiveness and its prurience in the locale at a given time. See OBSCENITY (1). "Both pruriency and patent offensiveness are determined by 'contemporary community standards.' But what is the relevant community? In Miller [v. California], the Court rejected the contention that only a national community standard, free of local biases, would provide adequate First Amendment protection and allowed lower courts to use local standards in defining what is obscene. Subse· quent cases have made it clear that the state may choose to omit reference to any particular geographic community, state or local, although it may do so. If a geographic reference is omitted, each jury is free to ascertain the contemporary community standard." Jerome A. Barron & C. Thomas Dienes, Constitutional Law in a Nutshell 396 (3d ed. 1995).

contempt 1. The act or state of despising; the condition of being despised. 2. Conduct that defies the authority or dignity of a court or legislature. Because such conduct interferes with the administration of justice, it is punishable, usu. by fine or imprisonment. Fed. R. Civ. P. 45(e); Fed. R. Crim. P. 42; 18 USCA § 40l. See CONTUMACY. Also termed contempt of court; judicial contempt. contemptuous, adj. "Contempt is a disregard of, or disobedience to, the rules or orders of a legislative or judicial body, or an interruption of its proceedings by disorderly behavior or insolent language, in its presence or so near thereto as to disturb the proceedings or to impair the respect due to such a body." Edward M. Dangel, Contempt § 1, at 2 (1939).

contempt of congress Deliberate interference with the duties and powers of Congress, such as a witness's refusal to answer a question from a congressional committee. Contempt of Congress is a criminal offense. 2 USCA § 192.

contempt of court See CONTEMPT (2).

contempt of sovereignty The minor diplomatic offense of interference in domestic affairs by a foreign representative, esp. by making a public statement about an issue currently being debated in the legislature.

contempt power The power of a governmental body (such as Congress or a court) to punish someone who shows contempt for the process, orders, or proceedings of that body.

contempt proceeding A judicial or quasi-judicial hearing conducted to determine whether a person has committed contempt.

contempt proceeding See PROCEEDING.

contemptuous damages See nominal damages under DAMAGES.

contemptuous damages- See nominal damages.

contenement (kan-ten-a-mant). Hist. 1. Freehold land held by a feudal tenant, esp. land used to support the tenant. Magna Carta (1215) exempted this property from seizure. "Con tenement, (contenementum) seemeth to be the free hould land, which Iyeth to a mans tenement or dwelling house, that is in his owne occupation. For magna carta. ca. 14. you have these words: A free man shall not be amerced for a small fault, but after the quantity of the fault: and for a great fault, after the maner thereof, saving to him his contenement or free hould. And a merchant likewise shal be amerced saving to him his merchandies: and any other villaine then owers, shal be amerced saving his wainage ... ." John Cowell, The Interpreter (1607). 2. A person's reputation or standing in the community. Though contenement as used in this sense is also rooted in the ownership ofland, it may stem from the Law French contenance ("countenance") rather than the Law Latin contenementum ("with tenement"), as used in sense (1). "Contenement signifies his Countenance, Credit, or Reputation, which he hath, together with, and by reason of his Freehold; and in this sense does the Statute of 1 Edw. 3 and Old Nat. By. use it, where Countenance is used for Contenement: The Armor of a Soldier is his Countenance; the Books of a Schollar, his Countenance; and the like." Thomas Blount, Nomo-Lexicon: A Law-Dictionary (1670).

content A written declaration of a departing vessel's destination, the kind and quantity of cargo it is carrying, and other particulars, submitted to a customs inspector for approval and permission for the vessel to leave port. Cf. MANIFEST.

content-based discrimination See DISCRIMINATION.