Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: C

CAPITULATION

In military law. The surrender of a fort or fortified town to a besieging army; the treaty or agreement between the commanding officers which embodies the terms and conditions on which the

CARDS

In criminal law. Small papers or pasteboards of an oblong or rectangular shape, on which are printed figures or points, used in playing certain games. See Estes v. State, 2 Humph. (Tenn.)

CARNALLY KNEW

In pleading. A technical phrase essential in an indictment to charge the defendant with the crime of rape.

CART BOTE

Wood or timber which a tenant is allowed by law to take from an estate, for the purpose of repairing instruments, (Including necessary vehicles,) of husbandry. 2 Bl. Comm. 35.

CASATA

In old English law. A house with land sufficient for the support of one family. Otherwise called “hida,” a hide of land, and by Bede, “familia.” Spelman.

CASSARE

To quash; to render void; to break.

CASTING VOTE

Where the votes of a deliberative assembly or legislative body are equally divided on any question or motion, it is the privilege of the presiding officer to cast one vote (if otherwise

CASNS FORTNITUS

An inevitable accident, a chance occurrence, or fortuitous event A loss happening in spite of all human effort and sagacity. 3 Kent. Comm. 217. 300; Whart. Neg.

CATHEDRAL PREFERMENTS

In English ecclesiastical law. All deaneries, archdeaconries, and eanonries, and generally all dignities and offices in any cathedral or collegiate church, below the rank of a bishop.

CAUSA DATA ET NON SECUTA

In the civil law. Consideration given and not followed, that is, by the event upon which it was given. The name of an action by which a thing given in the view

CAUSES CELEBRES

Celebrated cases. A work containing reports of the decisions of interest and importance in French courts in the seventeenth and eighteenth centuries. Secondarily a single trial or decision is CAUSIDICUS 179 CAVEAT

CAVEAT EMPTOR

Let the buyer take care. This maxim summarizes the rule that the purchaser of an article must examine, judge, and test It for himself, being bound to discover any obvious defects or

CELIBACY

The condition or state of life of an unmarried person

CENSUALES

In old European law. A species of oblati or voluntary slaves of churches or monasteries; those who, to procure the protection of the church, bound themselves to pay an annual tax or

CEORL

In Anglo Saxon law. The freemen were divided into two classes,

CERTIFICATE OF INDEBTEDNESS

A form of obligation sometimes issued by public or private corporations having practically the same force and effect as a bond, though not usually secured on any specific prop- CERTIFICATE 184 CESS

CESSER

Neglect; a ceasing from, or omission to do, a thing. 3 Bl. Comm. 232. The determination of an estate. 1 Coke, 84; 4 Kent, Comm. 33, 90, 105, 295. The “cesser” of

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