Legal terms starting with C
83 terms
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- CapacityThe legal and mental ability to enter into a binding contract.
- carnal knowledgeAn older legal term for sexual intercourse, often used in statutes defining sexual assault or rape.
- Castle DoctrineA law stating that a person's home is their castle and they can use force to defend it without duty to retreat.
- cease and desistA formal legal order commanding someone to stop a specific activity immediately.
- challenge for causeA request to remove a juror based on bias or inability to be impartial.
- challenge to the arrayA legal objection that the jury pool itself is biased or improperly selected, rather than objecting to individual jurors.
- chambers conferenceA private meeting between the judge and lawyers, held in the judge's office rather than open court.
- ChargeA formal accusation that a person committed a specific crime.
- charge to the juryThe judge's instructions to jurors about the law they must apply to the facts of the case.
- charging documentAn official paper that formally accuses someone of committing a crime.
- Charitable TrustA trust that provides income to beneficiaries while ultimately donating the remaining assets to charity.
- chattelPersonal property that is movable, as opposed to real estate or land.
- Child CustodyA court's decision about which parent has the right to care for and make decisions for a child.
- Child SupportCourt-ordered payments from one parent to the other for a child's living expenses.
- Choice of Law ClauseA contract provision stating which state's or country's laws will govern the interpretation and enforcement of the agreement.
- Circumstantial EvidenceEvidence that suggests guilt indirectly rather than proving it directly.
- circumstantial proofEvidence that implies a fact indirectly rather than proving it directly through eyewitness testimony.
- Civil Asset ForfeitureGovernment seizure of property suspected of involvement in criminal activity, without requiring a criminal conviction.
- civil contemptDisobedience of a court order intended to coerce compliance rather than punish the offender.
- civil rightsFundamental freedoms and protections guaranteed to all people, including equal treatment and freedom from discrimination.
- Class ActionA lawsuit where one person or group sues on behalf of many people with similar claims.
- CodicilA written amendment or addition to an existing will.
- coercionForcing someone to do something against their will through threats or pressure.
- Collateral AgreementA separate side agreement made alongside the main contract, often oral or informal.
- collateral attackA legal challenge to a conviction or judgment made in a separate proceeding, rather than through direct appeal.
- collateral estoppelA legal rule preventing someone from relitigating a fact already decided in a prior case.
- Collateral HeirA relative who is not a direct descendant, such as a sibling, aunt, uncle, or cousin.
- collusionA secret agreement between two or more people to defraud or deceive others or to accomplish an unlawful purpose.
- color of lawThe appearance or claim of legal authority, often used when someone abuses power while pretending to act lawfully.
- commencement of proceedingsThe official start of a lawsuit or criminal case in court.
- Common Law MarriageA marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
- Community PropertyProperty acquired during marriage that is owned equally by both spouses, regardless of who earned it.
- Comparative NegligenceA rule that reduces damages based on the victim's own percentage of fault.
- Compensatory DamagesMoney paid to reimburse a party for actual losses directly caused by a breach or wrongdoing.
- competency hearingA court proceeding to determine whether a defendant can understand trial and assist in their own defense.
- Competency to Stand TrialA defendant's mental and legal ability to understand trial proceedings and assist in their own defense.
- complaintA formal written accusation that starts a criminal case.
- complaint for divorceA formal legal document filed to start a divorce case in family court.
- complaint for injunctionA formal request to a court to order someone to stop or start a specific action.
- Concealed CarryThe legal right to carry a hidden firearm in public, typically requiring a permit.
- concealmentThe act of hiding or keeping secret something that should be disclosed, especially in legal matters.
- Concurrent ConditionsContract obligations that must be performed at the same time by both parties.
- ConditionAn event that must happen (or not happen) for a contract obligation to take effect.
- Condition ConcurrentMutual promises in a contract that must be performed at the same time by both parties.
- Condition PrecedentAn event that must happen before a party's obligation to perform becomes due.
- Condition SubsequentAn event that, if it occurs, ends or excuses performance under a contract.
- Conditional AcceptanceAn acceptance that adds new terms or conditions, which may be treated as a rejection and counter-offer.
- Conditions PrecedentAn event that must happen before a party's obligation under a contract kicks in.
- Conditions SubsequentAn event that, if it happens, ends a party's obligation or allows them to cancel the contract.
- confessionA voluntary admission by someone that they committed a crime.
- Confidentiality ClauseA contract provision requiring parties to keep certain information secret and not disclose it to outsiders.
- confinementThe act of keeping someone in custody or restricting their freedom of movement.
- Consequential DamagesMoney awarded for indirect losses that result from a breach but are not the direct consequence of it.
- Consequential Damages WaiverA clause in which parties agree not to claim indirect losses (like lost profits) resulting from a breach.
- ConsiderationSomething of value exchanged by each party to make a contract binding.
- Consideration SubstituteA replacement for the usual exchange of value needed to make a contract binding.
- ConspiracyAn agreement between two or more people to commit a crime, plus an overt act in furtherance of that agreement.
- Constructive ConditionA requirement implied by law that must be satisfied before a party's duty to perform arises.
- Contempt of CourtWillful disobedience or disrespect toward a court or judge that disrupts justice.
- continuanceA court-approved delay or postponement of a scheduled hearing, trial, or other legal proceeding.
- Contra ProferentemAmbiguous contract language is interpreted against the party who wrote it.
- ContractA legally binding agreement between two or more parties to do or not do something.
- Contract FormationThe process by which parties create a legally binding agreement.
- Contract InterpretationThe process of determining what a contract's words and terms actually mean.
- Contract ModificationA mutual agreement between parties to change the terms of an existing contract.
- Contract of AdhesionA take-it-or-leave-it agreement where one party has no meaningful chance to negotiate the terms.
- Contractual IntentThe parties' mutual intention to be legally bound by their agreement.
- Contractual Limitations PeriodA deadline for filing a lawsuit that the parties themselves agree to in their contract, often shorter than the legal statute of limitations.
- Contributory NegligenceA plaintiff's own carelessness that partially caused their injury, reducing their recovery.
- ConvictionA formal declaration that someone is guilty of a crime after trial or plea.
- corporationA legal business entity that can be held criminally responsible for certain acts.
- CounterofferA response to an offer that changes one or more terms instead of accepting the original offer.
- Course of DealingThe pattern of past transactions between the same parties, used to interpret current contract terms.
- Course of PerformanceHow the parties have actually carried out the contract in practice, which can clarify ambiguous terms.
- CovenantA binding promise in a contract to do or not do something.
- Creditor BeneficiaryA third party who benefits from a contract because it pays off their debt.
- criminal courtA court that handles cases involving alleged violations of criminal law and determines guilt or innocence.
- criminal intentThe mental state or purpose required to commit a crime.
- criminal negligenceReckless disregard for human life or safety that causes serious harm.
- Cruel and Unusual PunishmentPunishment that is excessively harsh, torturous, or shocks the conscience under the Eighth Amendment.
- cruel and unusual punishmentsPunishment that is excessively harsh or shocks the conscience under the Eighth Amendment.
- culpable mental stateThe defendant's guilty mind or criminal intent required to establish liability for a crime.
- custodyPhysical control or confinement of a person by law enforcement or the state.