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convivium (kan-viv-ee-am). [Latin "banquet"] Hist. Tenure that binds the tenant to provide meat and drink for the lord at least once a year.

convocation 1. CONVENTION (4). 2. See call to order under CALL (1). 3. See provincial synod under SYNOD.

convoy A group of vehicles or vessels traveling together for safety, esp. with armed escorts. The term also applies figuratively to groups traveling together for convenience. - convoy, vb.

COO abbr. CHIEF OPERATING OFFICER.

co-obligee One of two or more persons to whom an obligation is owed. See OBLIGEE.

co-obligor 1. One of two or more persons who have undertaken an obligation. See OBLIGOR. 2. A person who is under a duty of contribution. See CONTRIBUTION (1).

cool blood Criminal law. In the law of homicide, a condition in which the defendant's emotions are not in such an excited state that they interfere with his or her faculties and reason. - Also termed cool state of blood. See COLD BLOOD. Cf. HEAT OF PASSION.

cool state of blood See COOL BLOOD.

Cooley doctrine Constitutional law. The principle that Congress has exclusive power under the Commerce Clause to regulate the national as well as the local aspects of national commercial matters, and that the states may regulate those aspects ofinterstate commerce so local in character as to require diverse treatment. The Supreme Court has abandoned the Cooley doctrine in favor of a balancing test for Commerce Clause cases. Cooley v. Port Bd. of Wardens, 53 U.S. (12 How.) 299 (1851).

cooling time Criminal law. Time to recover cool blood after great excitement, stress, or provocation, so that one is considered able to contemplate, comprehend, and act with reference to the consequences that are likely to follow. See COOL BLOOD. "[O]ne who controls his temper time after time, following repeated acts of provocation, may have his emotion so bottled-up that the final result is an emotional explosion .... [l]n such a case the 'cooling time' begins to run not from earlier acts, but from 'the last straw.' ... As was the position in regard to the adequacy of the provocation, so the early holding was that the cooling time was a matter of law for the court." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 100 (3d ed. 1982).

cooling-off period 1. An automatic delay between a person's taking some legal action and the consequence of that action. 2. A period during which a buyer may cancel a purchase. 3. An automatic delay in some states between the filing of divorce papers and the divorce hearing. 4. Securities. A period (usu. at least 20 days) between the filing of a registration and the effective registration. 5. During a dispute, a period during which no action may be taken by either side .o In labor disputes, a statutory cooling-off period forbids employee strikes and employer lockouts.

co-op See COOPERATIVE.

cooperation 1. An association of individuals who join together for a common benefit. 2. Patents. A unity of action to a common end or result, not merely joint or simultaneous action. 3. Int'llaw. The voluntary coordinated action of two or more countries occurring under a legal regime and serving a specific objective.

cooperation clause Insurance. A policy provision requiring that the insured assist the insurer in investigating and defending a claim.

cooperative 1. An organization or enterprise (as a store) owned by those who use its services. 2. A dwelling (as an apartment building) owned by its residents, to whom the apartments are leased. - Often shortened to coop; co-op. Cf. CONDOMINIUM (2).

cooperative adoption A process in which the birth parents and adoptive parents negotiate to reach a voluntary agreement about the degree and type of continuing contact after adoption, including direct visitation or more limited arrangements such as communication by telephone or mail, the exchange of either identifying or nonidentifying information, and other forms of contact. Cf. adoption; closed adoption.

cooperative adoption- See ADOPTION.

cooperative cause A person who is contributorily or comparatively negligent.

cooperative cause. See CAUSE (1).

cooperative corporation See CORPORATION.

cooperative corporation- An entity that has a corporate existence, but is primarily organized for the purpose of providing services and profits to its members and not for corporate profit. The most common kind of cooperative corporation is formed to purchase real property, such as an apartment building, so that its shareholders may lease the apartments. See COOPERATIVE (1).

cooperative federalism See FEDERALISM.

cooperative federalism- Distribution of power between the federal government and the states in which each recognizes the powers of the other while jointly engaging in certain governmental functions.

cooperative law A dispute-resolution method by which the parties and their attorneys agree first to use nonadversarial strategies in an attempt to reach a binding agreement, with the possibility of litigation if a settlement fails, typically with the same attorneys involved in the litigation. Cf. COLLABORATIVE LAW; MEDIATION (1).

cooperative state research, education, and extension service An agency in the U.S. Department of Agriculture responsible for coordinating departmental research activities with those of academic and landgrant institutions. - Abbr. CSREES.

co-opt 1. To add as a member. 2. To assimilate; absorb.

co-optation (koh-ahp-tay-shan), n. The act of selecting a person to fill a vacancy (usu. in a close corporation). co-optative, adj.

coordinate jurisdiction See concurrent jurisdiction under JURISDICTION.

coordinate jurisdiction See concurrent jurisdiction.

coordination-of-benefits clause See COB CLAUSE.

coowner A person who is in concurrent ownership, possession, and enjoyment of property with one or more others; a tenant in common, a joint tenant, or a tenant by the entirety. - coown, vb. - coownership, n.

cop a plea Slang. (Of a criminal defendant) to plead guilty to a lesser charge as a means to avoid standing trial for a more serious offense. See PLEA BARGAIN.

COPA abbr. CHILD ONLINE PROTECTION ACT.

coparcenary (koh-pahr-sa-ner-ee), n. An estate that arises when two or more persons jointly inherit from one ancestor, the title and right of possession being shared equally by all. Coparcenary was a form of coownership created by common-law rules of descent upon intestacy when two or more persons together constituted the decedent's heirs. Typically, this situation arose when the decedent was survived by no sons but by two or more daughters, so that the daughters took as coparceners. - Also termed parcenary; tenancy in coparcenary. - coparcenary, adj. "Coparcenary is converted into separate ownership (i) by partition, or (ii) by the union in one parcerner of all the shares, and it is converted into a tenancy in common if one parcener transfers her share to a stranger." G.c. Cheshire, Modem Law of Real Property 553 (3d ed. 1933).

coparcener (koh-pahr-sa-nar). A person to whom an estate descends jointly, and who holds it as an entire estate; a person who has become a concurrent owner as a result of descent. - Also termed parcener; (archai cally) coparticeps. "Coparceners constitute a single heir, and they occupy a position intermediate between joint tenants and tenants in common. Likejoint tenants they have unity of title, interest and possession; like tenants in common, their estate is not subject to the doctrine of survivorship, and if there are three coparceners and one dies, her share passes separately to her heirs or devisee, not to the survivors, though the unity of possession continues. It follows that unity of time is not necessary to constitute coparcenary, for if a man has two daughters to whom his estate descends and one dies leaving a son, such son and the surviving daughter will be coparceners." G.c. Cheshire, Modem Law of Real Property 553 (3d ed. 1933).

coparticeps (koh-pahr-ta-seps). [fr. Latin particeps "sharing"] See COPARCENER.

copartner A member of a partnership; PARTNER. "Copartner need not exist alongside partner. The joint relationship (i.e., that the existence of one partner implies the existence of one or more other partners) is clear to all native speakers of English .... Because copartner adds nothing to the language of the law, it should be avoided."' Bryan A. Garner, A Dictionary of Modem Legal Usage 223 (2d ed. 1995).

copartnership See PARTNERSHIP. The terms copartnership and partnership are equally old - each having first appeared in the 1570s.

coparty See COPARTY.

coparty A litigant or participant in a legal transaction who has a like status with another party; a party on the same side of a lawsuit. - Also termed joint party. See CODEFENDANT; COPLAINTIFF.

copayment A fixed amount that a patient pays to a healthcare provider according to the terms of the patient's health plan. - Often shortened to copay.

copending adj. Patents. (Of serial applications filed in the same patent prosecution) before the U.S. Patent and Trademark Office at or near the same time and concerning the same invention. A continuation or divisional application that is copending with its parent application benefits from the parent's earlier filing date.

copending patent A patent whose application is being prosecuted at or near the same time as another, similar patent. Continuing applications must be copending with an existing patent application. A copending patent may affect another patent validity if it discloses the same invention, or discloses some part of the invention that, combined with other prior art, results in anticipation (esp. if the copending patent is issued before the affected patent). A copending patent may be shown to be an unpatentable improvement on another copending patent s invention. 35 USCA § 102(e). See COPENDING.

copending patent See PATENT (3).

copia libelli deliberanda See DE COPIA LIBELLI DELIBERANDA.

coplaintiff One of two or more plaintiffs in the same litigation. - Also termed joint plaintiff. Cf. CODEFENDANT.

coprincipal 1. One of two or more participants in a criminal offense who either perpetrate the crime or aid a person who does so. 2. One of two or more persons who have appointed an agent whom they both have the right to control.

copulative condition (kop-ya-la-tiv-or-lay-tiv). A condition requiring the performance of more than one act. Cf. disjunctive condition; single condition.

copulative condition- See CONDITION (2).

copy 1. An imitation or reproduction of an original. In the law of evidence, a copy is generally admissible to prove the contents of a writing. Fed. R. Evid. 1003. See BEST-EVIDENCE RULE.

copycat drug See generic drug under DRUG.

copycat drug- See generic drug.

copyhold A base tenure requiring the tenant to provide the customary services of the manor, as reflected in the manor's court rolls.o Copyhold tenure descended from pure villeinage; over time, the customs of the manor, as reflected on the manor's rolls, dictated what services a lord could demand from a copyholder. This type of tenure was abolished by the Law of Property Act ofl922, which converted copyhold land into freehold or leasehold land. Also termed copyhold tenure; customary estate; customary freehold; tenancy by the verge; tenancy par la verge; tenancy by the rod. See base tenure under TENURE; VILLEINAGE. "Out of the tenure by Villeinage, copyhold tenure devel· oped.... By the end of the fifteenth century, to hold by copy of the court roll, to be a 'copyholder,' was a definite advantage, and, in most cases the holders had for many generations been personally free. The fusing of several different types of payment had also gone on, so that there was little difference between a holder in socage who had commuted the services for a sum of money and a copy· holder who had done the same, except the speCific dues of heriot and merchet. In Coke's time, a very large part of the land of England was still held by copyhold." Max Radin, Handbook of Anglo·American Legal History 371 (1936). "[L)and held on an unfree tenure could be transferred only by a surrender and admittance made in the lord's court. The transaction was recorded on the court rolls and the transferee given a copy of the entry to prove his title; he thus held 'by copy of the court roll,' and the tenure became known as 'copyhold.'" Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 22 (6th ed. 1993).

copyhold tenant See customary tenant.

copyhold tenant See customary tenant under TENANT.

copyholder A tenant by copyhold tenure. Also termed tenant by the verge; tenant par la verge. "The lord still held a court, and that court kept records of all transactions affecting the lands. These records were called the rolls of the court. When, for instance, a tenant sold his interest to a third party, the circumstances of the sale would be recorded, and the buyer would receive a copy of the court rolls in so far as they affected his holding. Inasmuch as he held his estate by copy of court roll, he came to be called a copyholder." G.c. Cheshire, Modern Law of Real Property 24 (3d ed. 1933).

copyleft A software license that allows users to modify or incorporate open-source code into larger programs on the condition that the software containing the source code is publicly distributed without restrictions.

copylefted software Free software whose distribution terms forbid the addition of restrictions if the software is redistributed in its original or a modified form. Not actually a legal term, this phrase is popularly used as the antithesis ofcopyright by Internet freesoftware promoters. See FREEWARE.

copyright 1. The right to copy; specifically, a property right in an original work of authorship (including literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audiovisual works; and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. 2. The body of law relating to such works. Copyright law is governed by the Copyright Act of 1976. 17 USCA §§ 101-1332. - Abbr. c. - copyright, vb. - copyrighted, adj. "[C)opyright is a monopoly of limited duration, created and wholly regulated by the legislature; and ... an author has, therefore, no other title to his published works than that given by statute." Ethan S. Drone, A Treatise on the Law of Property in Intellectual Productions 2 (1879). "The development of copyright law in England was shaped by the efforts of mercantile interests to obtain monopoly control of the publishing industry similar to those of the guilds that were instrumental in shaping patent and trademark law .... American copyright law came to dis· tinguish between the 'common law' right of an author to his unpublished creations, and the statutory copyright that might be secured upon publication. Until recently, therefore, an author had perpetual rights to his creation, which included the right to decide when, if, and how to publish the work, but that common law right terminated upon publication at which time statutory rights become the sole rights, if any, to which the author was entitled. This distinction was altered by the Copyright Act of 1976, which shifts the line of demarcation between common law and statutory copyright from the moment of publication.

copyright act of 1790 The first U.S. copyright law, which, like England's Statute of Anne, gave authors copyright protection for 14 years, renewable for another 14 years, after which time the work then entered the public domain.

copyright act of 1909 A major revision of U.S. copyright law, extending the term of protection from 14 to 28 years (renewable for a second 28-year term); measuring the copyright term from the time of publication rather than the time of registration with the Copyright Office; and expanding coverage to all writings. The Act retained the formalities for securing a copyright and required that a copyright mark appear on the work. It governed U.S. copyrights issued between July 1, 1909 and December 31,1977. Although the 1976 Copyright Act supplanted the 1909 Act, the 1909 Act still applies to some pre-1978 claims and affects certain other rights of copyright owners. - Also termed 1909 Copyright Act.

copyright act of 1976 A major revision of U.S. copyright law, extending the term of protection to the life of the author plus 50 years, measured from the date of creation; greatly expanding the types of works that qualify for protection; dropping the requirement that the work be published before it can be protected; making fair use a statutory defense to a claim in infringement; and preempting state common-law copyright. 17 USCA §§ 101 et seq. This is the current federal statute that governs copyright registrations and rights. - Also termed 1976 Copyright Act.

copyright and the challenge of technology See GREEN PAPER ON COPYRIGHT AND THE CHALLENGE OF TECHNOLOGY.

copyright application A written request for copyright protection made by a work's creator, filed with the U.S. Copyright Office and accompanied by a filing fee and either a deposit copy of the work or approved identifying material. A registrant who does not meet the deposit requirement of the Copyright Act of 1976 risks losing copyright protection. See, e.g., Coles V. Wonder, 283 F.3d 798 (6th Cir. 2002).

copyright bug See COPYRIGHT NOTICE.

copyright clause U.S. Const. art. 1, § 8, cl. 8, which gives Congress the power to secure to authors the exclusive rights to their writings for a limited time.

copyright clearinghouse An organization that licenses members' works to applicants for specific purposes. A clearinghouse usu. licenses only one type or class of works, such as songs, photographs, cartoons, or written materials.

copyright infringement The act of violating any of a copyright owners exclusive rights granted by the federal Copyright Act, 17 USCA §§ 106,602. A copyright owner has several exclusive rights in copyrighted works, including the rights (1) to reproduce the work, (2) to prepare derivative works based on the work, (3) to distribute copies of the work, (4) for certain kinds of works, to perform the work publicly, (5) for certain kinds of works, to display the work publicly, (6) for sound recordings, to perform the work publicly, and (7) to import into the United States copies acquired elsewhere.

copyright infringement See INFRINGEMENT.

copyright legend See COPYRIGHT NOTICE.

copyright misuse In an infringement action, an affirmative defense based on the copyright owner's use of a license to restrain trade or in any other manner that is against public policy. The defense, roughly parallel to the declining patent-misuse defense, was invoked, for example, to prevent the American Medical Association from enforcing its copyright in its medical-procedure codes after licensing them to the U.S. Government for use in the Medicaid program. See Practice Mgmt. Info. Corp. V. Am. Med. Ass'n, 121 F.3d 516 (9th Cir. 1997).

copyright notice A notice that a work is copyright-protected, usu. placed in each published copy of the work. A copyright notice takes the form © (year of publication) (name of basic copyright owner). Since March 1, 1989, such notice is not required for a copyright to be valid (although the notice continues to provide certain procedural advantages). The phrase "all rights reserved" is usu. no longer required. - Sometimes termed copyright bug; copyright legend; notice of copyright. See ALL RIGHTS RESERVED; BUENOS AIRES CONVENTION.

copyright owner 1. One who holds an exclusive right or rights to copyrighted material. 17 USCA § 101. 2. One who is named as the owner on any copyright notice attached to a work and who is registered with the U.S. Copyright Office as the owner.

copyright owner See COPYRIGHT OWNER.

copyright royalty tribunal A former board in the legislative branch of the federal government responsible for establishing and monitoring copyright royalty rates for published and recorded materials. Its functions are now performed by copyright arbitration royalty panels.

copyrightability test A judicial test for determining whether a contributor to a joint work is an author for legal purposes, based on whether the contributor's effort is an original expression that could qualify for copyright protection on its own. This test has been adopted by a majority of courts. Cf. DE MINIMIS TEST.

copyright-management information The name and other identifying information about the creator, performer, or copyright owner of a creative work. See DIGITAL MILLENNIUM COPYRIGHT ACT.

coram (kor-am), prep. [Latin]. (Of a person) before; in the presence of.

coram domino rege (kor-am dom-a-noh ree-jee). [Latin]. Hist. Before our lord the king.

coram ipso rege (kor-am ip-soh ree-jee). [Latin] Hist. Before the king himself. - Also termed coram ipso domino rege. "The court of king's bench (so called because the king used formerly to sit there in person, the style of the court still being coram ipso rege) is the supreme court of common law in the kingdom ...." 3 William Blackstone, Commentaries on the Laws of England 41 (1768).

coram judice (kor-am joo-di-see). 1. In the presence of a judge. 2. JURISDICTION.

coram nobis (kor-am noh-bis). [Latin "before us"] 1. Hist. A writ of error taken from a judgment of the King's Bench. "Before us" refers to the sovereign, in contrast to the writ coram vobis ("before you"), which refers to any court other than King's Bench, esp. the Court of Common Pleas. 2. A writ of error directed to a court for review of its own judgment and predicated on alleged errors of fact. - Also termed writ oferror coram nobis; writ ofcoram nobis; (misspelled) quorum nobis.

coram non judice (kor-am non joo-di-see). [Latin "not before a judge"]. 1. Outside the presence of a judge. 2. Before a judge or court that is not the proper one or that cannot take legal cognizance of the matter.

coram paribus (kor-am par-a-bas). [Latin] Hist. Before the peers. This phrase appeared in deed attestations.

coram rege court See KINds BENCH.

coram sectatoribus (kor-am sek-ta-tor-d-bas). [Law Latin] Hist. Before the suitors.

coram vobis (kor-am voh-bis), n. [Latin "before you"]. 1. A writ of error directed to a court other than the King's Bench, esp. the Court of Common Pleas, to review its judgment. "Certain errors in the process of the court, committed by the defaults of the clerks, or as to matters of fact, could be remedied by the court itself. The writ issued for this purpose was called a writ of error 'coram vobis' if the error was in the Common Pleas; 'coram nobis' if it was in the King's Bench." 1 William Holdsworth, A History of English Law 224 (7th ed. 1956). 2. A writ of error sent by an appellate court to a trial court to review the trial court's judgment based on an error of fact. - Also termed writ oferror coram vobis; writ ofcoram vobis.

Cordon rule See CORDON RULE.

Cordon rule A rule of the U.S. Senate requiring any committee that is reporting a bill amending current law to show in its report what wording the bill would strike from or insert into the current statute. The rule is named for Senator Guy Cordon (1890-1969) of Oregon, who proposed it. The analogous rule in the U.S. House of Representatives is the Ramseyer rule. See RAMSEYER RULE.

core earnings See operating earnings under EARNINGS.

core proceeding 1. A proceeding involving claims that substantially affect the debtor-creditor relationship, such as an action to recover a preferential transfer. In such a proceeding, the bankruptcy court, as opposed to the district court, conducts the trial or hearing and enters a final judgment. Cf. RELATED PROCEEDING. 2. In federal courts, an action involving subject matter that is clearly within the confines of federal bankruptcy law and the management of the bankrupt's estate. A federal bankruptcy court may also hear noncore matters that have an independent basis for subject-matter jurisdiction, such as a federal question. For a nonexclusive list of core proceedings, see 28 USCA § 157(b)(2).

core proceeding See CORE PROCEEDING.

core rights 1. Human rights that are generally recognized and accepted throughout the world. These rights include freedom from extrajudicial execution, torture, and arbitrary arrest and detention. Core rights are embodied in many human rights conventions, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. 2. Fundamental rights claimed within a social, cultural, or other context. These are not universally recognized rights. For example, the ability to vote may be a fundamental right of citizens in one country but only a privilege limited to selected people in another.

core work product See opinion work product under WORK PRODUCT.

corespondent 1. A coparty who responds to a petition, such as a petition for a writ of certiorari. 2. In some states, a coparty who responds to an appeal. 3. Family law. In a divorce suit based on adultery, the person with whom the spouse is accused of having committed adultery. See RESPONDENT.

corium forisfacere (kor-ee-am for-is-fay-sa-ree). [Law Latin "to forfeit skin"] Hist. To whip (a person, esp. a servant) as punishment. - Also termed corium perdere.

corium redimere (kor-ee-am ri-dim-ar-ee). [Latin]. Hist. To redeem one's skin. This referred to a person who paid restitution for an offense.

corn products doctrine The principle that a capital asset should be narrowly defined to exclude inventoryrelated property that is integrally tied to the day-to-day operations of a business. Corn Prods. Refining Co. v. c.I.R., 350 U.S. 46, 76 S.Ct. 20 (1955).

cornage (kor-nij). [fr. Anglo-French corne "horn"]. Hist. 1. A type of grand-sergeanty military tenure in which the tenant was bound to blow a horn to alert others whenever an enemy approached. 2. A form of tenure entitling a landowner to rent based on the number of horned cattle owned by the tenant. Cornage may have developed into a type of serjeanty or knightservice tenure that obligated the tenant to blow a horn to warn of invaders, esp. along the border with Scotland. Also termed (in senses 1 & 2) horn tenure. See KNIGHT-SERVICE; SERJEANTY. 3. A tribute of corn due only on special occasions, as distinguished from a regularly provided service. This term has often been spelled coraage or coraagium, stemming perhaps from a spelling error in the 1569 edition of Bracton's De Legibus et Consuetudinibus Angliae.

cornelian law See LEX CORNELIA.