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content-based discrimination- A state-imposed restriction on the content of speech, esp. when the speech concerns something ofslight social value and is vastly outweighed by the public interest in morality and order. Types of speech subject to content-based discrimination include obscenity, fighting words, and defamation. R.A.v: v. City ofSt. Paul, 505 U.S. 377, 383-84, 112 S.C!. 2538, 2543 (1992).

content-based restriction Constitutional law. A restraint on the substance of a particular type of speech. This type of restriction is presumptively invalid but can survive a constitutional challenge if it is based on a compelling state interest and its measures are narrowly drawn to accomplish that end. Boos v. Barry, 485 U.S. 312,108 S.Ct. 1157 (1998). See SPEECH (1).

contention interrogatory See INTERROGATORY.

contention interrogatory An interrogatory designed to discover the factual basis of the allegations in a complaint, answer, or counterclaim, or to determine the theory of the opposing partys case.

contentious jurisdiction 1. A courts jurisdiction exercised over disputed matters. 2. Eccles. law. The branch of ecclesiastical-court jurisdiction that deals with contested proceedings.

contentious jurisdiction See JURISDICTION.

contentious possession See hostile possession under POSSESSION.

content-neutral See NEUTRAL.

contents unknown A statement placed on a bill oflading to show that the carrier does not know what is inside shipped containers. Carriers use this phrase in an attempt to limit their liability for damage to the goods shipped. Shipper's load and count is also used.

content-valid test A job-applicant examination that bears a close relationship to the skills required by the job. Content validation studies are often performed in employment-discrimination cases that contest the validity of an examination. "The simplest form oftest validation is where the test replicates major portions of the job, as for example, where a test measuring typing or computer literacy is used to select a secretarial support person .... A content valid test must measure or replicate a 'representative sample' of the job's duties. It is not valid if it measures only a small portion of those duties. For example, fire fighters may need to write reports, but a grammar test is too narrow to be content valid." Mack A. Player, Federal Law of Employment Discrimination in a Nutshell 101 (3d ed. 1992).

conterminous 1. Sharing a common boundary <the surveyor set a new line between the conterminous counties>. Also termed coterminous. 2. Enclosed within a common boundary <all 48 conterminous states of this country>. 3. See COTERMINOUS.

contest (kan-test), 1. To strive to win or hold; contend <he chose to contest for the prize>. 2. To litigate or call into question; challenge <they want to contest the will>. 3. To deny an adverse claim or assert a defense to it in a court proceeding <she contests that charge>. - contest (kon-test), n.

contestability clause (kan-tes-ta-bil-a-tee). Insurance. A policy provision setting forth when and under what conditions the insurer may contest a claim or void the policy based on a representation or omission made when the policy was issued. Contestability clauses usu. lapse after two years. Also termed contestable clause. Cf. INCONTESTABILITY CLAUSE.

contestant 1. One who contests the validity of a will, trust, or other legal instrument. Also termed objectant; caveator. 2. Trademarks. One who challenges the placement of a trademark on the Principal Register. The term refers to a challenger in (1) an interference proceeding, (2) an opposition proceeding before a mark is placed on the Principal Register, or (3) a cancellation proceeding after the mark is placed on the Principal Register. 3. Patents. A party to an interference proceeding in the U.S. Patent and Trademark Office. - Also termed (in sense 3) interferant.

contestatio litis (kon-tes-tay-shee-oh li-tis). [Latin "contestation of suit"] See LITIS CONTESTATIO.

contestation of suit (kon-tes-tay-shan). Eccles. law. The point in an action when the defendant answers the plaintiff's libel (i.e., complaint); the plea and joinder of an issue'. - Also termed litis contestatio.

contested divorce See DIVORCE.

contested divorce- 1. A divorce that one spouse opposes in court. 2. A divorce in which the spouses litigate. In this sense, although both spouses may want the divorce, they disagree on the terms of the divorce decree. Cf. uncontested divorce.

contested hearing See HEARING.

contested hearing- A hearing in which at least one of the parties has objections regarding one or more matters before the court.

context 1. The surrounding text of a word or passage, used to determine the meaning of that word or passage <his remarks were taken out of context>. 2. Setting or environment <in the context of foreign relations>. contextual, adj.

context rule The principle that a court may look to extrinsic evidence to determine the intended meaning of a contract, even though the language itself is clear and unambiguous. The court may consider (1) the subject matter and purpose of the contract, (2) the circumstances surrounding the making of the contract, (3) the subsequent conduct of the parties to the contract, (4) the reasonableness of the parties' respective interpretations, (5) statements made by the parties in preliminary negotiations, (6) usages of trade, and (7) the course of dealing between the parties. This rule does not make extrinsic evidence admissible for other purposes, such as adding to, modifying, or contradicting the contract's terms, unless a party can show that the actual language resulted from fraud, accident, or mistake. Restatement (Second) of Contracts §§ 212, 214(c) (1981).

contextual zoning See ZONING.

contiguity (kon-ti-gyoo-a-tee), n. The state or condition of being contiguous <contiguity existed between the two adjoining tracts of land>.

contiguous (kon-tig-yoo-as), 1. Touching at a point or along a boundary; ADJOINING <Texas and Oklahoma are contiguous>. 2. Near in time or sequence; successive <contiguous thunder and lightning>.

contiguous zone An area abutting and extending beyond the territorial sea, in which countries have limited powers to enforce customs as well as fiscal, sanitary, and immigration laws.

continental congress The first national governmental assembly in the United States, formed in 1774 to protest British treatment of the colonies. The Second Continental Congress, commencing in 1775, adopted the Declaration of Independence and served as the national government until the Articles of Confederation were ratified in 1781.

contingency (kan-tin-jan-see). 1. An event that mayor may not occur; a possibility. 2. The condition of being dependent on chance; uncertainty. 3. CONTINGENT FEE.

contingency beneficiary See contingent beneficiary (I) under BENEFICIARY.

contingency fee See CONTINGENT FEE.

contingency reserve See contingent fund under FUND (1).

contingency with a double aspect A contingent remainder existing along with a second remainder, the latter remainder taking effect only if the first fails. In the following example, this type of remainder would arise if A never has children: "to A for life, and if A has children, then to the children and their heirs forever; and if A dies without children, then to Band B's heirs forever." See contingent remainder under REMAINDER.

contingent (kan-tin-jant), adj. 1. Possible; uncertain; unpredictable <the trust was contingent, and the contingency never occurred>. 2. Dependent on something else; conditional <her acceptance of the position was contingent upon the firm's agreeing to guarantee her husband a position as well>.

contingent annuity 1. An annuity that begins making payments when some future event occurs, such as the death of a person other than the annuitant. 2. An annuity that makes an uncertain number of payments, depending on the outcome of a future event.

contingent annuity- See ANNUITY.

contingent beneficiary 1. A person deSignated by the testator to receive a gift if the primary benefi-ciary is unable or unwilling to take the gift. Also termed contingency beneficiary. 2. A person deSig-nated in a life-insurance policy to receive the proceeds if the primary beneficiary is unable to do so. Also termed secondary beneficiary.

contingent beneficiary- See BENEFICIARY.

contingent claim A claim that has not yet accrued and is dependent on some future event that may never happen.

contingent claim- See CLAIM (4).

contingent debt See DEBT.

contingent debt- A debt that is not presently fixed but that may become fixed in the future with the occurrence of some event.

contingent demand See DEMAND (1).

contingent demand- A demand that cannot be fixed because it depends on the occurrence of a contingency,

contingent estate See ESTATE (1).

contingent estate- An estate that vests only if a specified event does or does not happen. Cf. estate on condition,

contingent fee A fee charged for a lawyer's services only if the lawsuit is successful or is favorably settled out of court. Contingent fees are usu. calculated as a percentage of the client's net recovery (such as 25% of the recovery if the case is settled, and 33% if the case is won at trial). Also termed contingency fee; contingency; conditional fee.

contingent fund See FUND (1).

contingent fund- 1. A fund created by a municipality for expenses that will necessarily arise during the year but that cannot be appropriately classified under any of the specific purposes for which taxes are collected. 2. A fund segregated by a business to pay unknown costs that may arise in the future. Also termed contingency reserve.

contingent guaranty See GUARANTY.

contingent guaranty- A guaranty in which the guarantor will not be liable unless a specified event occurs.

contingent interest An interest that the holder may enjoy only upon the occurrence of a condition precedent.

contingent interest See INTEREST (2).

contingent legacy See LEGACY.

contingent liability See LIABILITY.

contingent ownership Ownership in which title is imperfect but is capable of becoming perfect on the fulfillment of some condition; conditional ownership.

contingent ownership See OWNERSHIP.

contingent remainder See REMAINDER.

contingent remainder A remainder that is either given to an unascertained person or made subject to a condition precedent. An example is to A for life, and then, ifB has married before A dies, to B." Also termed executory remainder; remainder subject to a condition precedent. "Unlike a vested remainder, a contingent remainder is either subject to a condition precedent (in addition to the natural expiration of a prior estate), orowned by unascertainable persons, or both. But the contingent remainder, like the vested remainder, waits patiently for possession. It is so created that it can become a present estate (if ever it does) immediately upon, and no sooner than, the natural expiration of particular estates that stand in front of it and were created simultaneously with it." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 73 (2d ed. 1984).

contingent trust See TRUST.

contingent use See USE (4).

contingent will See WILL.

contingentfee See CONTINGENT FEE.

contingent-interest mortgage See MORTGAGE.

continual claim A formal claim to a tract of land made by an: out-of-possession owner who is deterred from takin gpossession by a menace of some type. The claim - called continual because it had to be renewed annually preserved the claimant's right to the land. The owner had to make the claim as near to the land as could be done safely. This procedure gave the disseised person the same benefits (such as the right to devise the land) as a legal entry. The continual claim was abolished early in the 19th century. "Continual claim is. where a man hath right to enter into certain lands whereof another is seised in fee, or fee tail. and dares not enter for fear of death or beating. but approaches as nigh as he dares. and makes claim thereto within the year and day before the death of him that hath the lands ...." Termes de fa Ley 114 (lst Am. ed. 1812).

continual injury See INJURY.

continual injury An injury that recurs at repeated intervals. Also termed (but improperly) continuous injury.

continuance 1. The act of keeping up, maintaining, or prolonging <continuance of the formal tradition>. 2. Duration; time of continuing <the senator's continuance in office>. 3. Procedure. The adjournment or postponement of a trial or other proceeding to a future date <motion for continuance>. Cf. RECESS (1). - continue, vb.

continuando (kan-tin-yoo-an-doh). [Law Latin "by continuing"]. An allegation charging that the trespass or other wrongful act complained of constitutes a continuing tort against the plaintiff's property. "In trespasses of a permanent nature, where the injury is continually renewed, (as by spoiling or consuming the herbage with the defendant's cattle) the declaration may allege the injury to have been committed by continuation from one given day to another, (which is called laying the action with a continuando) and the plaintiff shall not be compelled to bring separate actions for every day's separate offence." 3 William Blackstone, Commentaries on the Laws of England 21 2 (1768).

continuation A patent application that is based on the same disclosure and claiming the same invention as a rejected parent application but containing some change in the scope of the claims. A continuation application maintains the original filing date for prior-art and interference purposes, as long as it is filed while the parent application is still pending, has at least one inventor in common with the parent application, and refers to the parent application. Also termed continuation application; continuation-in-whole application; continuing application; f71e-wrapper continuing application. Cf. CONTINUATION-IN-PART; continued-prosecution application under PATENT APPLICATION; REQUEST FOR CONTINUED EXAMINATION.

continuation agreement Partnership. An agreement among the partners that, in the event of dissolution, the business of the partnership can be continued without the necessity of liquidation. Cf. BUY-SELL AGREEMENT (1). "Normally, a continuation agreement would have some type of provision for purchaSing the interest of a deceased or expelled partner. However, such a provision is not neces· sary. Courts have enforced agreements that give the estate of the deceased partner nothing." Harold Gill Reuschlein & William A. Gregory, The Law of Agency and Partnership § 269. at 461 (2d ed. 1990).

continuation application 1. See CONTINUATION. 2. See CONTINUATION-IN-PART.

continuation-application laches doctrine An equitable defense to patent infringement, based on an assertion that the patentee deliberately delayed the issuance of the patent-in-suit by filing multiple continuing applications that added new patent claims to cover products marketed or processes used after the original application was filed. - Also termed prosecutionlaches doctrine. See SUBMARINE PATENT.

continuation-in-part A patent application filed by the same applicant during the pendency of an earlier application, repeating a substantial part of the earlier application but adding to or subtracting from the claims. 35 USCA § 120. This type of application contains new technical descriptions from the inventor or reflects improvements made since the parent application was filed. A claim in a continuation-in-part application is entitled to the benefit of the parent application's filing date if the claimed subject matter is the same, but the new matter takes the filing date of the continuation-in-part application. Continuation-inpart applications are usu. filed to describe and claim later-discovered improvements to an invention, or to distinguish the invention from some prior-art reference. - Abbr. CIP. - Also termed continuation-inpart application; continuation application; continuing application; file-wrapper continuation application. Cf. CONTINUATION.

continuation-in-part application See CONTINUATIONIN-PART.

continuation-in-whole application See CONTINUATION (2).

continued bond See annuity bond.

continued bond- See annuity bond under BOND (3).

continued meeting See MEETING.

continued-custody hearing See shelter hearing under HEARING.

continued-custody hearing- See shelter hearing.

continued-prosecution application A request to abandon a patent application after final rejection and reopen a new case with the same file wrapper as the parent application. CPAs are authorized in 37 CFR § l.S3(d). - Abbe. CPA. Also termed Rule 1.S3(d) application. Cf. REQUEST FOR CONTINUED EXAMINATION.

continued-prosecution application See PATENT APPLICATION.

continuing 1. Uninterrupted; persisting <a continuing offense>. 2. Not requiring renewal; enduring <continuing stockholders> <continuing jurisdiction>.

continuing annuity See survivorship annuity.

continuing annuity- See survivorship annuity under ANNUITY.

continuing application See PATENT APPLICATION.

continuing application A patent application that is filed while the parent application is pending and that carries on prosecution of some or all of the original application. Continuation, continuation-in-part, divisional, and reissue applications are all forms of continuing applications.

continuing breach See BREACH OF CONTRACT.

continuing consideration An act or performance extending over time.

continuing consideration- See CONSIDERATION (1).

continuing contract See CONTRACT.

continuing contract- A contract calling for periodic performances.

continuing covenant See COVENANT (1).

continuing covenant- A covenant that requires the successive performance of acts, such as an agreement to pay rent in installments.

continuing damages See DAMAGES.

continuing damages- 1. Ongoing damages arising from the same injury. 2. Damages arising from the repetition of similar acts within a definite period.

continuing guaranty See GUARANTY.

continuing guaranty- A guaranty that governs a course of dealing for an indefinite time or by a succession of credits. - Also termed open guaranty.

continuing harm See continuing injury under INJURY.

continuing injury See INJURY.