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corpus delicti

(kor-pas da-lik-ti or -tee). [Latin "body of the crime"] (1818) 1. The fact of a transgression; ACTUS REUS. "[Tlhe definition of 'corpus delicti' often becomes important. (a) Essentially it signifies merely the fact of the specific loss or injury sustained, e.g., death of a victim or burning of a house. (b) To this is added also, by most courts, the criminal agency of some person (i.e., not mere accident). (c) A few courts also include evidence of the accused's identity with the deed; but this is absurd, for it virtually signifies making 'corpus delicti' synonymous with the whole charge. - Many courts treat this rule with a pedantic and unpractical strictness." John H. Wigmore, A Students' Textbook of the Law of Evidence 310 (1935). "One of the important rules of evidence in criminal cases is that which requires proof of the corpus delicti. Literally defined this term means 'the body of the offense,' or 'the substance of the crime.' In popular language it is used to describe the visible evidence of the crime, such as the dead body of a murdered person. Properly used, however, it is applicable to any crime and relates particularly to the act element of criminality; that is, that a certain prohibited act has been committed or result accomplished and that it was committed or accomplished by a criminal human agency." Justin Miller, "The Criminal Act," in Legal Essays in Tribute to Orrin Kip McMurray at 469, 478 (1935). "The phrase 'corpus delicti' does not mean dead body, but body of the crime, and every offense has its corpus delicti. Its practical importance, however, has been very largely limited to the homicide cases. It concerns the usability in a criminal case of a confession made by the defendant outside of court." Rollin M. Perkins & Ronald N. Boyce, Criminal law 140 (3d ed. 1982).

corpus delicti rule

Criminal law. The doctrine that prohibits a prosecutor from proving the corpus delicti based solely on a defendant's extrajudicial statements. The prosecution must establish the corpus delicti with corroborating evidence to secure a conviction.

corpus juris

(kor-pas joor-is). [Latin "body of law"]. The law as the sum or collection oflaws <Corpus Juris Secundum>. Abbr. C,J.

corpus juris angliae

(kor-pas joor-is ang-glee-ee). The entire body of English law, comprising the common law, statutory law, equity, and special law in its various forms.

corpus Juris canonici

(kor-pas joor-is ka-non-a-si). [Latin]. Hist. The body of the canon law, compiled from the decrees and canons of the Roman Catholic Church. The Corpus Juris Canonici emerged during the 12th century, beginning with the publication of Gratian's Decretum (c. 1140). In addition to the Decretum, it includes Raymond of Pefiaforte's Liber Extra (1234), the Liber Sextus of Pope Boniface VIII (1298), the Clementines of Pope Clement V (1313), the Extravagantes Joannis of Pope John XXII (1325), and Extravagantes Communes published by Pope John's successors (14991502). In 1582, the entire collection was edited by a commission of church dignitaries and officially named the Corpus Juris Canonici. It remained the Catholic Church's primary body oflaw until the promulgation of the Code of Canon Law in 1917, now replaced by that of 1983. "After Gratian, later papal enactments, called 'decretals,' were collected and issued by the authority of various popes .... A revised edition of such 'decretals' ... was presented to Pope Gregory IX in 1234 - only a short while, therefore, after the final form of Magna Carta in 1225 and issued by him with statutory force. The revision freely made changes in the text of the enactments and the resulting compilation in four 'books' was regarded as a 'Code,' corresponding to the 'Code' of Justinian, just as the Decretum of Gratian corresponded to the Digest.... All these compilations and collections were, from the sixteenth century on, known as the Corpus Juris Canonici, the 'Body of Canon Law,' and formed the basis of the law administered in the Church courts." Max Radin, Handbook of Anglo-American Legal History 33-34 (1936).

corpus Juris civilis

(kor-pas joor-is sa-vil-is or sa-vi-lis). The body of the civil law, compiled and codified under the direction of the Roman emperor Justinian in A.D. 528-556. The collection includes four works - the Institutes, the Digest (or Pandects), the Code, and the Novels. The title Corpus Juris Civilis was not original, or even early, but was modeled on the Corpus Juris Canonici and given in the 16th century and later to editions of the texts of the four component parts of the Roman law. See ROMAN LAW. Cf. JUSTINIAN CODE.

corpus possessionis

(kor-pas pa-zes[h]-ee-oh-nis). [Latin]. Roman law. The physical aspect of possession. See animus possidendi under ANIMUS_

corpus pro corpore

(kor-pas proh kor-pa-ree). [Latin] Hist. Body for body. This phrase commonly expressed the liability of a surety in a civil action (a mainpernor). See MAINPRISE.

correal

(kor-ee-al or ka-ree-al), adj. [fr. Latin correus "codebtor"] Roman law. Of or relating to liability that is joint and several. A correal debtor who paid an entire obligation had no right ofaction against a codebtor. See CORREUS; SOLIDARY. "If Aulus, having first obtained from Titius the promise of a hundred aurei, turned to Seius and said, Spondesne mihi, Sei, cosdem centum aUl"eos dal"e? (Do you engage, Seius, to give me the same one hundred aurei?), then if Seius answered, Spondeo, there was one single obligation for a hundred aurei, binding in full on each of the two debtors. Aulus could demand a hundred from Titius or a hundred from Seius, and in case of non-payment could sue either one, taking his choice between them, for the full amount. If either paid the hundred, whether willingly or by compulsion, the other was released: for there was but one debt, and that was now discharged. This kind of obligation is called correal obligation (correal, from con, and I"eus or I"ei, connected parties, parties associated in a common debt or credit)." James Hadley, Introduction to Roman Law 258 (1881).

correal obligation

See OBLIGATION.

correal obligation

(kor-ee-al or ka-ree-al]. Roman & civil law. A joint and several obligation. "A correal obligation means a plurality of obligations based on a community of obligation: ajoint liability in respect of the whole of the same debt or ajoint right in respect of the whole of the same claim." Rudolph Sohm, The Institutes A Textbook of the History and System of Roman Private Law 361 Uames Crawford Ledlie trans., 3d ed. 1907).

correality

(kor-ee-al-a-Hee), The quality or state of being correal; the relationship between parties to an obligation that terminates when an entire payment is made by one of two or more debtors to a creditor, or a payment is made by a debtor to one of two or more creditors, "But there were circumstances. apart from indivisibility, in which each of the parties might be liable in full. .. Several were liable or entitled. each in solidum, under an obligation, but the thing was due only once. Satisfaction by, or to, one of those liable, or entitled. ended the whole obligation, and action by one of the joint creditors, or against one of the debtors, not only 'novated' the obligation between the actual parties. but destroyed it altogether as against the others. This relation is commonly called correality (correi debendi vel credendi)," w.w. Buckland, A Manual of Roman Private Law 349-50 (2d ed. 1939).

corrected policy

A policy issued after a redetermination of risk to correct a misstatement in the original policy.

corrected policy

See INSURANCE POLICY.

correction

1. Generally, the act or an instance of making right what is wrong <mark your corrections in red ink>. 2. A change in business activity or market price follOWing and counteracting an increase or decrease in the activity or price <the broker advised investors to sell before the inevitable stock-market correction>. See DOWN REVERSAL. 3. (usu. pI.) The punishment and treatment of a criminal offender through a program of imprisonment, parole, and probation <Department of Corrections>. - correct, vb. corrective (for senses 1 & 2), correctional (for sense 3), adj.

correction, house of

See house of correction under HOUSE.

correctional institution

See PRISON.

correctional system

A network of governmental agencies that administer a jurisdiction's prisons and parole system.

corrective advertising

Advertising that informs consumers that earlier advertisements contained a deceptive claim, and that provides consumers with corrected information. This type of advertising may be ordered by the Federal Trade Commission.

corrector of the staple

A clerk who records merchants' transactions at a staple. See STAPLE (2).

correi credendi

(kor-ee-i kri-den-di). [Latin]. Roman law. Joint creditors. - Also termed correi stipulandi (stip ya-Ian-dr). See STIPULATIO. "The mode for stipu/atio is stated in the Institutes. Of several stipulators (correi credendi, active correality) each asks the debtor and he answers once for all. Of several promisors (correi debendi, passive correality) the creditor asks each and they answer together." w.w. Buckland, A Manual of Roman Private Law 350 (2d ed. 1939).

correi debendi

(kor-ee-i di-ben-di). [Latin] Roman & Scots law. Joint debtors. - Also termed correi promittendi (proh-mi-ten-di). See STlPULATIO. "Correi Debendi - The name given by the Roman law to persons jointly bound.... In the Scotch law. if bound severally, and not jointly and severally, each IS bound only for his share, whatever be the responsibility of the others." Hugh Barclay, A Digest of the Law of Scotland 196 (3d ed. 1865).

correi stipulandi

See COR REI CREDENDI.

correlative

(ka-rel-a-tiv), adj. 1. Related or corresponding; analogous. 2. Having or involving a reciprocalor mutually interdependent relationship <the term right is correlative with duty>.

correlative-rights doctrine

1. Water law. The principle that adjoining landowners must limit their use ofa common water source to a reasonable amount. "Under the correlative rights doctrine .. , rights to groundwater are determined by land ownership. However, owners of land overlying a single aquifer are each limited to a reasonable share of the total supply of groundwater. The share is usually based on the acreage owned." David H. Getches, Water Law in a Nutshell 249 (3d ed. 1997). 2. Oil & gas. The rule that a lessee's or landowner's right to capture oil and gas from the property is restricted by the duty to exercise that right without waste or negligence. This is a corollary to the rule of capture. Cf. RULE OF CAPTURE (4).

correspondence audit

An IRS audit of a taxpayer's return conducted by mail or telephone.

correspondence audit-

See AUDIT.

correspondent

1. The writer of a letter or letters. 2. A person employed by the media to report on events. 3. A securities firm or financial institution that performs services for another in a place or market that the other does not have direct access to. correspond, vb.

correspondent bank

A bank that acts as an agent for another bank, or engages in an exchange of services with that bank, in a geographical area to which the other bank does not have direct access.

correspondent bank-

See BANK.

corresponding promise

A mutual promise calling for the performance ofan act substantially similar to the act called for by the other mutual promise, both acts being in pursuit of a common purpose.

corresponding promise

See PROMISE.

corresponding secretary

See SECRETARY.

corresponding secretary

An officer in charge of an organizations correspondence, usu. including notices to members.

correus

(kor-ee-as), n. [Latin] Roman law. 1. A codebtor in a contract; a joint debtor. 2. A co-creditor in a contract; a joint creditor. PI. correi (kor-ee-i). See STIPULATIO.

corrigendum

(kor-a-jen-dam), n. [Latin "correction"] An error in a printed work discovered after the work has gone to press. - Also termed erratum. PL corrigenda (kor-a-jen-da).

corroborate

(ka-rob-a-rayt), vb. To strengthen or confirm; to make more certain <the witness corroborated the plaintiff's testimony>.

corroborating evidence

See EVIDENCE.

corroborating evidence-

Evidence that differs from but strengthens or confirms what other evidence shows (esp. that which needs support). - Also termed corroborative evidence. Cf. cumulative evidence.

corroborating witness

See WITNESS.

corroboration

(ka-rob-a-ray-shan), 1. Confirmation or support by additional evidence or authority <corroboration of the witness's testimony>. 2. Formal confirmation or ratification <corroboration of the treaty>. corroborate, vb. corroborative (ka-rob-a-ra-tiv), adj. - corroborator (ka-rob-a-ray-tar), n.

corroborative evidence

See corroborating evidence under EVIDENCE.

corrody

See CORODY.

corrupt

1. Having an unlawful or depraved motive; esp., influenced by bribery. 2. Archaic. (Of a person) subject to corruption of blood. "[T]here are divers offences made Treason by Act of Parlia· ment, whereof, though a Man be Attaint, yet his Blood. by Provisoes therein, is not corrupt, nor shall he forfeit any thing ...." Thomas Blount, Noma-Lexicon: A Law· Dictionary (1670).

corrupt-

1. To change (a person's morals or principles) from good to bad. 2. To destroy or diminish the quality and usefulness of an electronic or mechanical device or its components. 3. Archaic. To impose corruption of blood on (a person).

corrupting

See IMPAIRING THE MORALS OF A MINOR.

corruption

1. Depravity, perversion, or taint; an impairment ofintegrity, virtue, or moral principle; esp., the impairment of a public official's duties by bribery. "The word 'corruption' indicates impurity or debasement and when found in the criminal law it means depravity or gross impropriety." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 855 (3d ed. 1982). 2. The act of doing something with an intent to give some advantage inconsistent with official duty and the rights ofothers; a fiduciary's or official's use ofa station or office to procure some benefit either personally or for someone else, contrary to the rights of others.

corruption in office

See official misconduct under MISCONDUCT.

corruption of a minor

See IMPAIRING THE MORALS OF A MINOR.

corruption of blood

A defunct doctrine, now considered unconstitutional, under which a person loses the ability to inherit or pass property as a result of an attainder or of being declared civilly dead. Also termed corruption of the blood. See ATTAINDER; civil death (1) under DEATH. "Corruption of blood is, when anyone is attainted offelony or treason, then his blood is said to be corrupt; by means whereof neither his children, nor any of his blood, can be heirs to him, or to any other ancestor, for that they ought to claim by him. And if he were a noble or gentleman before, he and all his children are made thereby ignoble and ungentle ...." Termes de fa Ley 125 (1 st Am. ed. 1812).

corruptly

In a corrupt or depraved manner; by means of corruption or bribery. As used in criminallaw statutes, corruptly usu. indicates a wrongful desire for pecuniary gain or other advantage.

corrupt-motive doctrine

The rule that conspiracy is punishable only if the agreement was entered into with an evil purpose, not merely with an intent to do the illegal act. This doctrine - which originated in People v. Powell, 63 N.Y. 88 (1875) has been rejected by the Model Penal Code. - Also termed Powell doctrine.

corrupt-practices act

A federal or state statute that regulates campaign contributions and expenditures as well as their disclosure.

corsnaed

See ordeal of the morsel under ORDEAL

corsned

See ordeal ofthe morsel under ORDEAL.

corvee seigneuriale

(kor-vay sen-yuu-ree-ahl). [French]. Hist. Services due the lord of the manor. - Often shortened to corvee.

cosen

See COZEN.

cosening

See COZENING.

cosign

To sign a document along with another person, usu. to assume obligations and to supply credit to the principal obligor. - cosignature, n .

cosigner

See COMAKER.

cosinage

(kaz-an-ij). Hist. A writ used by an heir to secure the right to land held by a great-great-grandfather or certain collateral relatives. - Also spelled cosenage; cousinage. Also termed consanguineo; de consanguineo; de consanguinitate. Cf. AIEL; BESAYEL "[T]here is the closest possible affinity between the Mort d'Ancestor and the action of Cosinage. If I claim the seisin of my uncle, I use the one; if I claim the seisin of a first cousin, I use the other. But procedurally, the two stand far apart." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward f 569 (2d ed.1899).

cosmetic damages

See DAMAGES.

cosmetic damages-

The amount awarded to compensate for personal disfigurement.

cost

1. The amount paid or charged for something; price or expenditure. Cf. EXPENSE.

cost accounting

See cost accounting method under ACCOUNTING METHOD.

cost accounting method

The practice of recording the value of assets in terms of their historical cost. Also termed cost accounting.

cost accounting method-

See ACCOUNTING METHOD.

cost and freight

A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) arrange for transportation by water, and (3) pay the costs of shipping to the port of destination. When the goods are safely stowed on the receiving ship while docked, the seller's delivery is complete; the risk of loss then passes to the buyer. This term is used only when goods are transported by sea or inland waterway. - Abbr. CF; CFR; C&F; CandF. Cf. COST, INSURANCE, AND FREIGHT; FREE ON BOARD.

cost approach

A method of appraising real property, based on the cost of building a new structure with the same utility, assuming that an informed buyer would pay no more for the property than it would cost to build a new structure having the same usefulness. Cf. MARKET APPROACH; INCOME APPROACH.

cost basis

See BASIS (2).

cost bill

See bill oj costs.

cost bill-

See bill ofcosts under BILL (2).

cost bond

A bond given by a litigant to secure the payment of court costs.

cost bond-

See BOND (2).

cost depletion

Oil & gas. The recovery of an oil-and-gas producer's basis (i.e., investment) in a producing well by deducting the basis proportionately over the producing life of the well. Treas. Reg. § 1.611-2. Cf. PERCENTAGE DEPLETION. "Under cost depletion, the taxpayer in an oil and gas property deducts the basis in the property from the income as oil and gas are produced and sold. Cost depletion is cost-of-living clause calculated by a formula ... [that] relates the recovery of the taxpayer's investment to the proportion that the current unit sales of oil and gas bear to the total anticipated sales of oil and gas from the property. The investment is recovered ratably over the life of the reserves." John S. lowe. Oil and Gas Law in a Nutshell 353 (3d ed. 1995).

cost justification

Under the Robinson-Patman Act, an affirmative defense against a charge of price discrimination dependent on the seller's showing that it incurs lower costs in serving those customers who are paying less. 15 USCA § 13(a).

cost of carrying

See carrying cost under COST (1).

cost of completion

An element of damages based on the expense that would be incurred by the nonbreaching party to finish the promised performance.

cost of completion-

See COST (1).

cost, insurance, and freight

A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk ofloss, whereby the seller must (1) clear the goods for export, (2) arrange for transportation by water, (3) procure insurance against the buyer's risk of damage during carriage, and (4) pay the costs of shipping to the port of destination. The seller's delivery is complete (and the risk ofloss passes to the buyer) when the goods are loaded on the receiving ship while docked in the port of shipment. This term is used only when goods are transported by sea or inland waterway. - Abbr. ClF. Cf. COST AND FREIGHT; FREE ON BOARD. "'C.Lf.' is a mercantile symbol that is commonly used in international sales contracts. It is defined by section 2-320 of the UCC and by the Incoterms 1953 and the Revised American Foreign Trade Definitions 1941. Under all of these definitions the letters 'c.iJ.' mean that the price covers the cost of the goods, the cost of insuring them for the benefit of the order of the buyer, and the cost of carrying\ them to the named pOint, al most always the des· tination. like the other mercantile symbols, the meaning of 'C.I.F.' may be varied by agreement." William D. Hawkland, Uniform Commercial Code Series § 2·320:01 (1984).

cost-benefit analysis

An analytical technique that weighs the costs of a proposed decision, holding, or project against the expected advantages, economic or otherwise.

cost-book mining company

An association of persons organized for the purpose of working mines or lodes, whose capital stock is divided into shares that are transferable without the consent of other members. The management ofthe mine is entrusted to an agent called a purser.

cost-of-capital method

A means of measuring a utility's cost of acquiring debt and equity capital. Regulatory commissions often use this method to determine a fair rate of return for the utility's investors.

cost-of-living adjustment

An automatic increase or decrease in the amount of money, usu. support or maintenance, to be paid by one party to another, the adjustment being tied to the cost-of-Iiving-adjustment figures maintained and updated by the federal government. Abbr. COLA.

cost-of-living clause

A provision (as in a contract or lease) that gives an automatic wage, rent, or benefit increase tied in some way to cost-of-living rises in the economy. A cost-of-living clause may also cover a decrease, though this is rare. See INFLATION.

cost-of-living index

See CONSUMER PRICE INDEX.

cost-plus contract

A contract in which payment is based on a fixed fee or a percentage added to the actual cost incurred.

cost-plus contract-

See CONTRACT.

cost-push inflation

See INFLATION.

cost-push inflation-

Inflation caused by a rise in production costs.

costs de incremento

See COSTS OF INCREASE.

costs of collection

Expenses incurred in receiving payment of a note; esp., attorney's fees incurred in the effort to collect a note.

costs of increase

Costs of court awarded in addition to what a jury awards. Juries usu. awarded the successful party only a small sum for costs. A party wishing to recoup the additional costs had to file an affidavit of increase setting forth what further costs were incurred by taking the matter through trial. - Also termed costs de incremento. See affidavit of increase under AFFIDAVIT.

costs of the day

See COST (3).

costs ofincrease

See COSTS OP INCREASE.

costs ofthe day

Costs incurred in preparing for trial.

costs to abide event

Costs incurred by a successful party who is entitled to an award of those costs incurred at the conclusion of the matter; esp., appellate court's order for payment of costs to the party who finally prevails in a proceeding that has been returned to a lower court.

costs to abide event-

See COST (3).

cosurety

A surety who shares the cost of performing suretyship obligations with another. See SURETY.

cosurety

See COSURETY.

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