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contingency

A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a contingency in a contract for the purchase of a house might state that if the buyer does not approve the inspection report of the physical condition of the property, the buyer does not have to complete the purchase.





contingency fee

A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements -- which are most commonly used in personal injury cases -- award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.





contingent beneficiary

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.





continuance

The postponement of a hearing, trial or other scheduled court proceeding, at the request of one or both parties, or by the judge without consulting them. Unhappiness with long trial court delays has resulted in the adoption by most states of "fast track" rules that sharply limit the ability of judges to grant continuances.





contraband

An item that is illegal to possess, produce or distribute.





contract

A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say "It's a deal", we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.





conviction

A finding by a judge or jury that the defendant is guilty of a crime.





cookie

A piece of information that a website stores on a visitor's hard drive so that the website can retrieve the information when the visitor returns to the site. For example, a website may use a cookie to retrieve a visitor's name and address so the visitor doesn't have to enter that information again. A website can legally use cookies to personalize a visitor's experience, to track a visitor's movements on a site or to target a visitor for specific advertisements. Generally, a cookie cannot be used to corrupt or steal data, such as an email address, from a visitor's hard drive.





cooling-off rule

A rule that allows you to cancel a contract within a specified time period (typically three days) after signing it. Federal cooling-off rules apply this three-day grace period to sales made door-to-door and anywhere other than a seller's normal place of business, such as at a trade show. Another federal cooling-off rule lets you cancel a home improvement loan or second mortgage within three days of signing. Various states have cooling-off rules that sometimes apply even longer cancellation periods to specific types of sales, such as dancing lessons and timeshares.





cooperative insurance

Compulsory employment benefits provided by a state or federal government to ensure a minimum standard of living for lower and middle income people. Survivors benefits, disability benefits and health insurance are common examples. Also called "social insurance."





copy

For copyright purposes, the physical form in which an expression is reproduced and retained over time, no matter how brief. Copies include such things as photocopies, computer disks and tape recordings. The exclusive right to prepare copies of an original work is one of the primary rights protected by a copyright.





copyright

A legal device that provides the owner the right to control how a creative work is used. A copyright is comprised of a number of exclusive rights, including the right to make copies, authorize others to make copies, make derivative works, sell and market the work and perform the work. Any one of these rights can be sold separately through transfers of copyright ownership.





copyright notice

The © symbol, plus the date of publication and the author's name. For works published in the U.S. after March 1, 1989, no copyright notice is required for copyright protection within the U.S. or any country that has signed the Berne Convention or GATT. A notice is still useful to remind others that the work is copyrighted, to steer a would-be user in the right direction to obtain permission to use the copyrighted material and to preclude a defense of "I didn't know it was copyrighted" if someone uses the copyrighted material without permission.





Copyright Office

A branch of the U.S. Library of Congress that oversees the implementation of the federal copyright laws, including issuing regulations and processing applications for the registration of copyrights.





copyright owner

Under the Copyright Act of 1976, a term with two meanings. First, it refers to the person or entity listed as the owner in the U.S. Copyright Office, usually the original author or developer. Second, it refers to a person or entity to which an exclusive part of the copyright has been transferred in writing. For instance, if Harry writes and copyrights a book, then sells the right to prepare a screenplay based on the book to a movie studio, both he and the studio are copyright owners.





copyright registration

Act required by the U.S. Copyright Office before a court action may be brought to prevent infringement. Copyright protection automatically attaches to any work of authorship as soon as it is fixed in a tangible medium of expression. Registration also confers strategic benefits in an infringement action, including a presumption that the registered owner is the rightful owner, as well as the ability to collect damages that often make the difference between an owner being able to afford litigation and having to forego his or her rights.





corporate resolution

A written document that describes an action taken by the board of directors of a corporation. For example, when a corporation issues a stock dividend, the declaration of the dividend is a corporate resolution.





corporation

A legal structure authorized by state law that allows a business to organize as a separate legal entity from its owners. A nonprofit is often referred to as an "artificial legal person," meaning that, like an individual, it can enter into contracts, sue and be sued and do the many other things necessary to carry on a business. One advantage of incorporating is that a corporation's owners (shareholders) are legally shielded from personal liability for the corporation's liabilities and debts (unpaid taxes are often an exception). In theory, a corporation can be organized either for profit-making or nonprofit purposes. Most profit-making corporations are known as C corporations and are taxed separately from their owners, but those organized under subchapter S of the Internal Revenue Code are pass-through tax entities, meaning that all profits are federally taxed on the personal income tax returns of their owners.





corpus delecti

Latin for the "body of the crime." Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.





cosigner

A person who signs his or her name to a loan agreement, lease or credit application. If the primary debtor does not pay, the cosigner is fully responsible for the loan or debt. Many people use cosigners to qualify for a loan or credit card. Landlords may require a cosigner when renting to a student or someone with a poor credit history.





cost basis

See basis.





counterclaim

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.





counteroffer

The rejection of an offer to buy or sell that simultaneously makes a different offer, changing the terms in some way. For example, if a buyer offers $5000 for a used car, and the seller replies that he wants $5500, the seller has rejected the buyer's offer of $5000 and made a counteroffer to sell at $5500. The legal significance of a counteroffer is that it completely voids the original offer, so that if the seller decided to sell for $5000 the next day, the buyer would be under no legal obligation to pay that amount for the car.





County Attorney

See District Attorney.





court calendar

A list of the cases and hearings that will be held by a court on a particular day, week or month. Because the length of time it will take to conduct a particular hearing or trial is at best a guess and many courts have a number of judges, accurately scheduling cases is difficult, with the result that court calendars are often revised and cases are often heard later than initially planned. A court calendar is sometimes called a docket, trial schedule or trial list.







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