Capital Crime

A crime for which the death sentence can be imposed.

Cashier's check

Drawer & drawee are same bank

Causa mortis gift

Conditional gift subject to a condition that the giver die from condition he expected to die from (different from a gift in a will)

Caveat Emptor

Let the buyer beware - old common law

Certified check

Check accepted for payment by a bank (bank promises to cash it)

Charging the jury

The judge informs the jurors of the law they need to know to make their decision


A specialized form of a draft in which a bank depositor names a specific payee to whom funds are to be paid from the drawer's account; it is an order to pay

Clear title

Aka marketable title, an ownership right that is free from encumbrances or other defects

Closely held corporations

Relatively small operations in which one person or the members of one family own all the stock

Closing statement

An itemized allocation of all the costs and moneys exchanged among the various parties, including financial institutions and real estate brokers, when a property is sold


Of a note...both are liable


A supplement or addition to a will that modifies, explains, or adds to its provisions. (Alternatively, the testator can destroy the old will and draft a new one.)

Collateral heir

One who has the same ancestors but does not descend from the decedent (siblings)

Commercial Impracticability

Termination of a contract because unforeseen conditions are as such that at least one party no longer receives any benefit (not applicable to market fluctuations)

Commercial paper

Refers to a variety of instruments (written documents) used for making payments


Fungible - goods that are not unique (barrel of wheat)

Comparative Negligence

A method for measuring the relative negligence of the P and D, with a commensurate sharing of the compensation for the injuries

Compensatory damages

Direct, actual damages; promised performance-actual performance-mitigation+expenses

Compensatory damages

aka Actual Damages; awarded to P for the harm done to him

Complete defense

A defense that relieves the defendant of all criminal responsibility

Complete performance

Contract is terminated once executed

Condition precedent (pre-see-dent)

A provision of contract that suspends the coming into effect of a contract or a term of the contract unless or until a certain event takes place. (if...then)

Condition subsequent

A happening which terminates the duty of a party to perform (I will...unless)

Conditional fee estate

Current owner retains ownership only as long as certain conditions are met, if conditions are not met, ownership reverts to the previous owner (the grantor) through reversion; or is given to a third-party = remainder; Aka Fee Simple Defeasible


Goods get not only commingled, but mixed into something new

Consequential damages

Aka special damages; indirect but foreseeable


Anything of value; it must be present for a valid contract to exist, and each side must give it


Anything of value; it must be present for a valid contract to exist, and each side must give it


An agreement to commit an unlawful act

Constructive eviction

Effectively evicted because property is unfit to live in

Content neutrality

Laws may not limit free expression on the basis of whether the speech's content supports or opposes any particular position


An agreement that can be enforced by law


An agreement that can be enforced by law

Contract reformation

When court is allowed to "rewrite" contract provisions to conform to what the parties understood or agreed to.

Contracts in restraint of trade

Contracts which have the effect of restricting a person's freedom to conduct business; void & unenforceable (violates public policy) if unreasonable

Contributory Negligence

P's breach of duty to protect himself was the proximate cause of the injuries; complete bar to P's recovery


Taking someone else's property with the intent of permanently depriving the owner; civil side of theft


Give authors, etc. right to control their creations


One or more owners, double taxation, limited to capital contribution


The property of the trust

Covenant not to compete

A promise not to compete within a given geographical area for a specific time period; enforced if reasonable; violates public policy if unreasonable


UCC term for the finding of substitute goods

Creditor beneficiary

created where party A owes some debt to party C, and party A agrees to provide some consideration to party B in exchange for party B's promise to pay party C some part of the amount owed.


An activity that has been prohibited by the legislature as violating a duty owed to society and hence prosecutable, with the possibility of resulting incarceration or the payment of a fine.

Custodial interrogation

Questioning that occurs after a defendant has been deprived of his or her freedom in a significant way


Occurs when the defendant has been deprived of freedom in a significant way

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