Legal Dictionary

Capacity		Individual's ability or competence, especially in terms of responsibility for committing a crime or ability to execute a legal document.


Capital		Wealth invested or available for investment to produce more wealth.


Capital offense		A crime punishable by death.


Capital Punishment		The death penalty.


Carnal Knowledge		Sexual intercourse, involving the sexual organs of both the male and female, in the commission of a crime. Example: Statutory rape involves the carnal knowledge of a minor.


Cartel		A group of companies or producers involved with each other for the purpose of controlling production, distribution and price.


Casualty Loss		A tax law term referring to the destruction of assets by a single catastrophic event, such as a tornado, flood, or auto accident.


Cause of Action		The reason a lawsuit may be brought to court. The cause of action in a lawsuit is the specific grievance or violation of rights that gives grounds for a legal action.


Caveat Emptor		"Buyer beware." In a commercial transaction, the buyer assumes the risk for the condition of the items being sold, except where protected by warranties or product liability laws.


Charter		1. A guarantee granted by a government, which ensures certain rights, powers, or privileges. 2. The self-enacted operating rules of a town, school, or business. Example: The action was illegal under the town charter. 3. To lease a boat, airplane or other transportation.


Chattel		Any piece of personal property that is not real estate or property permanently attached to or associated with real estate.


Churning		A scheme whereby a broker excessively trades the accounts under his or her management in order to profit from the commissions.


Circumstantial Evidence		Evidence which does not relate directly to the facts and hypotheses of a case, but from which an inference must be drawn.


Civil Action		Any court proceeding that is not a criminal case.


Civil Liability		A person's liability under civil law, as opposed to under criminal law. Civil liability is enforced by monetary damages.


Civil Rights		Personal rights and freedoms from repression that are guaranteed by Constitutional, federal, or state law.


Claim		A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's.


Claimant		A person who asserts a claim.


Class Action		A civil court action in which one party consists of a group of people sharing a common legal position or suffering a common problem with respect to the opposing party.


Clear and Convincing		A level of proof in a civil case which requires more than a preponderance of the evidence, but less than proof beyond a reasonable doubt.


Clear Title		A title that is free from any restriction or legal or monetary obligation, which would prevent its sale.


Clemency		Leniency or kindness, as it relates to the punishment of a crime.


Closing		The final exchange in a real estate transaction, in which the deed and title are transferred, and all costs and fees paid.


Codicil		An addition to a will.


Collusion		Any agreement between two or more people to engage in fraud.


Common Law		The law that results from court cases, as opposed to the law created by a legislative body such as Congress; it is also called case law.


Common Law Marriage		In some states a couple can be considered legally married if they meet certain requirements, even if no ceremony was performed. The most common requirement is living together for a certain period of time.


Community Property		The property a couple acquires while married.


Complainant		A person filing a complaint.


Complaint		The document that begins a court action. In a civil case it is filed with the court and outlines the grievance alleged and the remedy sought. In a criminal case it is filed with the court or police, and represents the preliminary charges in the case.


Consideration		Something of value given to a person or company, in exchange for something else.


Constructive Eviction		Actions or inactions by a landlord that make the premises unlivable and compel the tenant to leave without being asked to by the landlord.


Contempt of court		Any act designed to embarrass the court or lessen its authority; any purposeful disregard of a court order.


Contingency fee		An attorney's payment that is based on the outcome of a civil case, and is usually determined as a percentage of any damages awarded. If the case is lost, the attorney does not get paid.


Contract		A formal agreement between two parties, in which an offer is made and accepted, and both sides benefit.


Convey		To transfer or deliver something from one person to another.


Convict		To find a person guilty of a crime.


Conviction		Being found guilty of a crime.


Copyright		A person's right that protects their creations from being copied or duplicated without their permission.


Corporation		An independent organization that is set up to conduct business and is considered a person under the law. A corporation is controlled by shareholders, each of whom own a percentage of the organization.


Counter-claim		A claim filed against the plaintiff by the defendant in a civil case, to offset or reduce the original claim.


Court Clerk		A person responsible for filing and records keeping in a court.


Covenant not to Compete		A formal agreement between two parties not to compete with each other for a specific time, and within a specific area.


Creditor		The keeper of a debt; a person or organization to which money is owed.


Crime		An action that breaks the law.


Cross-claim		A claim filed by one party against a co-party in a lawsuit, such as one defendant filing a claim against a co-defendant.


Custody of children		A parent with custody of their children is the legally the primary caregiver and person responsible for those children.


Custom Duties		Fees the government charges a person for bringing objects into the United States from a foreign country.