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continuing injury An injury that is still in the process of being committed. An example is the constant smoke or noise of a factory. Also termed continuing harm.

continuing judical education Continuing legal education for judges, usu. organized and sponsored by a governmentally subsidized body and often involving topics such as judicial writing, efficient decisionmaking, caseload management, and the like. Abbr. CJE.

continuing jurisdiction See JURISDICTION.

continuing jurisdiction A courts power to retain jurisdiction over a matter after entering a judgment, allowing the court to modify its previous rulings or orders. See CONTINUING-JURISDICTION DOCTRINE.

continuing legal education 1. The process or system through which lawyers extend their learning beyond their law-school studies, usu. by attending seminars designed to sharpen lawyering skills or to provide updates on legal developments within particular practice areas. In many jurisdictions, lawyers have annual or biennial requirements to devote a given number of hours (usu. 12-15) to continuing legal education. 2. The enhanced skills or knowledge derived from process. 3. The business field in which educational providers supply the demand for legal seminars, books, audiotapes, and videotapes designed to further the education of lawyers. - Abbr. CLE.

continuing nuisance See NUISANCE.

continuing objection See OBJECTION.

continuing objection A single objection to all the questions in a given line of questioning. A judge may allow a lawyer to make a continuing objection when the judge has overruled an objection applicable to many questions, and the lawyer wants to preserve the objection for the appellate record. Also termed running objection.

continuing offense See OFFENSE (1).

continuing part-time judge See JUDGE.

continuing threat of harm A condition or situation that presents a high risk of injury at intervals or over an extended period, whether or not an injury has actually occurred. The condition or situation can be a behavior that is subject to repetition, as with unfaircompetition practices or stalking, or an enduring state, such as environmental contamination. Also termed threat of continuing harm; continuing threat of injury; threat ofcontinuing injury. Cf. continuing injury under INJURY.

continuing trespass See TRESPASS.

continuing warranty See promissory warranty under WARRANTY (3).

continuing wrong See WRONG.

continuing-jurisdiction doctrine 1. The rule that a court retains power to enter and enforce a judgment over a party even though that party is no longer subject to a new action. 2. Family law. The rule that once a court has acquired jurisdiction over a child-custody or support case, that court continues to have jurisdiction to modify orders, even if the child or a parent moves to another state.

continuingpart-time judge A judge who serves repeatedly on a part-time basis by election or under a continuing appointment.

continuing-violation doctrine Employment law. The judge-made rule that if an employer's discriminatory acts are of an ongoing nature, the statute of limitations will be extended to allow the plaintiff to recover even when a claim based on those acts would otherwise be time-barred.

continuity (kon-ti-n[y]oo-a-tee). 1. Int'l law. The principle that upheavals and revolutions within a country as well as changes in governmental forms, the extent of a country's territory, and measures taken during a military occupation do not affect the existence of the country and therefore cannot lead to its extinction. 2. Patents. The rule that a continuation or divisional patent application carries the effective filing date of its parent application if (1) the parent application fully discloses the same invention, (2) there is at least one common inventor, and (3) the parent application was still pending when the latter application was ftied. A continuation-in-part application carries the effective filing date for everything disclosed in the parent appli cation, but not for new material. 35 USCA § 120. Also termed doctrine ofcontinuity. Cf. HIATUS.

continuity of business enterprise A doctrine covering acquisitive reorganizations whereby the acquiring corporation must continue the target corporation's historical business or must use a Significant portion of the target's business assets in a new business to qualify the acquisition as a tax-deferred transaction.

continuity of existence See CONTINUlTY-OF-LlFE DOCTRINE.

continuity of interest 1. Tax. A doctrine covering acquisitive reorganizations whereby a target corporation's shareholders must retain a share in the acquiring corporation to qualify the acquisition as a tax-deferred transaction. 2. A judicial requirement for divisive reorganizations whereby a target corporation's shareholders must retain an interest in both the distributing and the controlled corporations to qualify the exchange as a tax-deferred transaction.

continuity-of-enterprise doctrine See SUBSTANTIALCONTINUITY DOCTRINE.

continuity-of-entity doctrine See MERE-CONTINUATION DOCTRINE.

continuity-of-life doctrine The principle that the withdrawal, incapacity, bankruptcy, or death of the owner of an entity (esp. a corporation) does not end the entity's existence. - Also termed continuity of existence.

continuous crime See CRIME.

continuous crime- 1. A crime that continues after an initial illegal act has been consummated; a crime that involves ongoing elements. An example is illegal U.S. drug importation. The criminal act is completed not when the drugs enter the country, but when the drugs reach their final destination. 2. A crime (such as driving a stolen vehicle) that continues over an extended period. Cf. instantaneous crime.

continuous easement See EASEMENT.

continuous easement- An easement that may be enjoyed without a deliberate act by the party claiming it, such as an easement for drains, sewer pipes, lateral support of a wall, or light and air. Also termed (in Louisiana) continuous servitude. Cf. discontinuous easement.

continuous injury See continual injury under INJURY.

continuous policy See perpetual policy.

continuous policy See INSURANCE POLICY.

continuous servitude Louisiana law. See continuous easement under EASEMENT. La. Civ. Code art. 646.

continuous servitude See continuous easement under EASEMENT.

continuous trigger See TRIPLE TRIGGER.

continuous-adverse-use principle The rule that the uninterrupted use of land - along with the other elements of adverse possession - will result in a successful claim for adverse possession. - Also termed uninterrupted-adverse-use principle. See ADVERSE POSSESSION.

continuous-operations clause Oil & gas. A provision in an oil-and-gas lease giving the lessee the right to continue any drilling well that was begun before the lease expired and to begin drilling more wells. See OPERATIONS CLAUSE.

continuous-representation doctrine The principle that the limitations period for bringing a legal-malpractice action is tolled as long as the lawyer against whom the action is brought continues the representation that is related to the negligent act or omission.

continuous-treatment doctrine The principle that the limitations period for bringing a medicalmalpractice action is tolled while the patient continues treatment that is related to the negligent act or omission.

contio (kon-shee-oh), n. [Latin] Roman law. 1. A public meeting to which participants have been summoned by a magistrate. 2. A speech delivered at a public meeting. - Also spelled cancio. PI. contiones (kon-shee-oh-neez).

contor See COUNTER.

contort (kon-tort), n. 1. (usu. pI.) The overlapping domain of contract law and tort law. "I have occasionally suggested to my students that a desir· able reform in legal education would be to merge the first· year courses in Contracts and Torts into a single course which we could call Contorts." Grant Gilmore, The Death of Contract 90 (1974). 2. A specific wrong that falls within that domain. 3. Informal. A constitutional tort. See constitutional tort under TORT.

contra (kon-tra), prep. Against or contrary to. As a citation signal, contra denotes that the cited authority supports a contrary view. In old law reports, contra often identifies the defendant's attorney (pro querente refers to the plaintiff's). "Observe in the note citing cases in support of a proposi· tion mentioned in the text whether any of the cases follow the word contra, which means that a contrary rule has been laid down in them." Frank Hall Childs, Where and How to Find the Law 78-79 (1922).

contra account (kon-tra). An account that serves to reduce the gross valuation of an asset.

contra account- See ACCOUNT.

contra bonos mores (kon-tra boh-nohs mor-eez). [Latin "against good morals"] Offensive to the conscience and to a sense of justice. Contracts contra bonos mores are voidable. - Also termed contra bonos mores et decorum; adversus bonos mores. "Whatever is contra bonos mores et decorum, the principles of our law prohibit, and the King's court, as the general censor and guardian of the public manners, is bound to restrain and punish." Jones v. Randall, 98 E.R. 706, 707 (1774) (per Mansfield, en.

contra executionem (kon-tra ek-si-kyoo-shee-oh-nam). [Law Latin] Hist. Against execution. The phrase referred to the presumption in favor of a defendant's objections to the manner of execution against the defendant's property.

contra fidem tabularum nuptialium (kon-tra fi-dam tab-a-Iair-dm nap-shee-ay-lee-am). [Law Latin] Scots law. Against the provisions of the marriage contract. The phrase usu. referred to antenuptial contracts.

contra formam collationis (kon-tra for-mam ka-lay-shee-oh-nis). [Latin "against the form of a collation"] Hist. A writ to regain lands given to a religious society in exchange for perpetual alms. The writ was usu. sought by an heir of the person who had given the land away.

contra formam feoffmenti (kon-tra for-mam feef-men-ti]. [Latin "contrary to the form of the feoffment"] Hist. A writ that commanded a landowner to stop demanding from a tenant more services than those included in the tenant's deed to the land. Also spelled contra formam feoffamenti. "Contra formam feoffamenti is a writ that lies where a man before the statute of quia emptores terra rum, made 18 Ed. 1, infeoffed another by deed to do certain service; if the feoffor or his heirs distrain him to do other service than is comprised in the deed, then the tenant shall have this writ, commanding him not to distrain him to do other service than is comprised in the deed." Termes de fa Ley 116 (1st Am. ed, 1812).

contra formam statuti (kon-tra for-mam sta-tyoo-ti). [Law Latin] Contrary to the form of the statute. See AGAINST THE FORM OF THE STATUTE.

contra hereditatem jacentem (kon-tra ha-red-i-tay-tam ja-sen-tam). [Law Latin] His!. Against a succession that the heir has not taken up; against a fallen inheritance. The phrase appeared in reference to a creditor's right to pursue a debtor's estate tor recovery of a debt even though the heir did not take up the succession.

contra jus belli (kon-tra jas bel-i). [Latin] Against the law of war.

contra jus commune (kon-tra jas ka-myoo-nee). [Latin] Against common right or law; contrary to the rule of the common law.

contra legem (kon-tra lee-jam ter-ee). [Latin] 1. Contrary to law; against the law. 2. EQUITY CONTRA LEGEM.

contra legem terrae (kon-tra-lee-jam ter-ee). [Latin] Against the law of the land.

contra libertatem matrimonii (kon-tra lib-ar-tay-tam ma-tri-moh-nee-i). [Latin] Hist. Against freedom of marriage. The phrase appeared in reference to marriage restraints, some of which were illegal.

contra non producta (kon-tra non pra-dak-ta). [Law Latin "against things not produced"] Scots law. In a reduction action, a decree declaring that a challenged deed is void.

contra non valentem See DOCTRINE OP CONTRA NON VALENTEM.

contra omnes gentes (kon-tra om-neez jen-teez). [Latin] Hist. Against all people. These were the traditional words of warranty in a deed.

contra omnes mortales (kon-tra ahm-neez mor-tay-leez). [Law Latin] Hist. Against all mortals. This language was contained in an absolute warranty.

contra pacem (kon-tra pay-sam). [Latin] Hist. Against the peace. This term was used in indictments to signify that the alleged offense was against the public peace.

contra pietatem (kon-tra-pi-a-tay-tam). [Latin] Hist. Contrary to natural duty.

contra proferentem (kon-tra prof-a-ren-tam). [Latin "against the offeror"] The doctrine that, in interpreting documents, ambiguities are to be construed unfavorably to the drafter. - Also spelled contra proferentes. Also termed ambiguity doctrine.

contra spolium (kon-tra- spoh-Iee- am). [Law Latin "against the spoil"] Scots law. A real action for the recovery of stolen movable property.

contra tabulas See BONORUM POSSESSIO CONTRA TABULAS.

contraband (kon-tra-band), n. 1. Illegal or prohibited trade; smuggling. 2. Goods that are unlawful to import, export, produce, or possess. - contraband, adj.

contraband per se Property whose possession is unlawful regardless of how it is used. Cf. derivative contraband.

contracausator (kon-tra-kaw-zay-tar). Hist. A criminal; a person prosecuted for a crime.

contraceptivism The criminal offense of distributing or prescribing contraceptives.

contract 1. An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law <a binding contract>. 2. The writing that sets forth such an agreement <a contract is valid if valid under the law of the residence of the party wishing to enforce the contract>. "The term contract has been used indifferently to refer to three different things: (1) the series of operative acts by the parties resulting in new legal relations; (2) the physical document executed by the parties as the lasting evidence of their having performed the necessary operative acts and also as an operative fact in itself; (3) the legal relations resulting from the operative acts, consisting of a right or rights in personam and their corresponding duties, accom· panied by certain powers, privileges, and immunities. The sum of these legal relations is often called 'obligation.' The present editor prefers to define contract in sense (3) ...." William R. Anson, PrinCiples of the Law of Contract 13 n.2 (Arthur L. Corbin ed., 3d Am. ed. 1919). "A contract is a promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. This defi· nition may not be entirely satisfactory since it requires a subsequent definition of the circumstances under which the law does in fact attach legal obligation to promises. But if a definition were attempted which should cover these operative facts, it would require compressing the entire law relating to the formation of contracts into a single sentence." Samuel Williston, A Treatise on the Law of Contracts§ 1,at 1-2 (WalterH.E.Jaegered., 3ded. 1957) (footnote omitted).

contract of affreightment See CONTRACT OF AFFREIGHTMENT.

contract to sell See contract for sale (2) under CONTRACT.

contract bond See PERFORMANCE BOND.

contract bond- See PERFORMANCE BOND.

contract carrier See private carrier under CARRIER.

Contract Clause See CONTRACTS CLAUSE.

contract demurrage See DEMURRAGE.

contract for deed A conditional sales contract for the sale of real property. - Also termed installment land contract; land sales contract; land contract.

contract for sale 1. A contract for the present transfer of property for a price. Also termed contract of sale. 2. A contract to sell goods at a future time. Also termed (in sense 2) contract to sell.

contract implied in fact See implied-In-fact contract.

contract implied in law See implied-in-law contract.

contract labor See INDEPENDENT CONTRACTOR.

contract loan See add-on loan under LOAN.

contract not to compete See noncompetition covenant under COVENANT (1).

contract not to sue- See covenant not to sue under COVENANT (1).

contract of adhesion See adhesion contract.

contract of affreightment (a-frayt-mant). Maritime law. An agreement for the carriage of goods by water. A contract of affreightment may employ a bill oflading, a charterparty, or both to ship the goods. - Abbr. COA. Also termed contract of carriage. See CHARTERPARTY.

contract of beneficence See gratuitous contract.

contract of benevolence See gratuitous contract.

contract of carriage See CONTRACT OF AFFREIGHTMENT.

contract of indemnity See indemnity contract.

contract of insurance See INSURANCE POLICY.

contract of marriage See marriage contract.

contract of record A contract that is declared by a court and entered into the court's record. Contracts of record include judgments, recognizances, and (in England) statutes staple. "Contracts of record are not really contracts at all, but are transactions which, being entered on the records of certain courts called 'courts of record,' are conclusive proof of the facts thereby appearing, and could formerly be enforced by action of law as if they had been put in the shape of a contract." 1 Stewart Rapalje & Robert L Lawrence, A Dic· tionarv of American and English Law 282 (1883). "A contract of record is in point of fact no contract at all, and has nothing whatever to do with the law of contracts. These so·called contracts are the obligations incurred by a judgment or recognizance of a Court of Record. They came to be called contracts only because they were enforceable by the same type of action as was used for genuinely con· tractual cases in the old common· law system of proce· dure." P.S. Atiyah, An Introduction to the Law of Contract 31 (3d ed. 1981).

contract of sale See contract for sale (1).

contract rate See INTEREST RATE.

contract rate The interest rate printed on the face of a bond certificate.

contract system The practice of leasing prisoners out to private individuals for the prisoners' labor.

contract to pledge 1. An agreement purporting to create a present pledge without a bailment. 2. An agreement to make a future bailment for the purpose of security. See PLEDGE (3).

contract to pledge- See CONTRACT.