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circuit court

The name used for the principal trial court in many states. In the federal system, appellate courts are organized into thirteen circuits. Eleven of these cover different geographical areas of the country -- for example, the United States Court of Appeal for the Ninth Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The remaining circuits are the District of Columbia Circuit and the Federal Circuit, (which hears patent, customs and other specialized cases based on subject matter). The term derives from an age before mechanized transit, when judges and lawyers rode "the circuit" of their territory to hold court in various places.





circumstantial evidence

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.





civil

Noncriminal. See civil case.





civil case

A noncriminal lawsuit, usually involving private property rights. For example, lawsuits involving breach of contract, probate, divorce, negligence and copyright violations are just a few of the many hundreds of varieties of civil lawsuits.





civil procedure

The rules used to handle a civil case from the time the initial complaint is filed through pretrial discovery, the trial itself and any subsequent appeal. Each state adopts its own rules of civil procedure (often set out in a separate Code of Civil Procedure), but many are influenced by or modeled on the Federal Rules of Civil Procedure.





Civil Rights Act of 1964

Federal legislation designed to end discrimination based on religion, color, race or national origin. This law guarantees the right of access to education, public facilities and public accommodations, such as restaurants and hotels. It also prohibits discrimination in employment.





class action

A lawsuit in which a large number of people with similar legal claims join together in a group (the class) to sue someone, usually a company or organization. Common class actions involve cases in which a product has injured many people, or in which a group of people has suffered discrimination at the hands of an organization.





cleaning fee

A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.





clear and present danger

Speech that poses a "clear and present danger" to the public or government will not be protected under the First Amendment's guarantee of free speech. The classic example is that shouting "Fire!" in a crowded theatre is not protected speech.





close corporation

A corporation owned and operated by a few individuals, often members of the same family, rather than by public shareholders. State laws permit close corporations to function more informally than regular corporations. For example, shareholders can make decisions without holding meetings of the board of directors, and can fill vacancies on the board without a vote of the shareholders.





closing argument

At trial, a speech made by each party after all the evidence has been presented. The purpose is to review the testimony and evidence presented during the trial as part of forcefully explaining why your side should win. Especially in trials before a judge without a jury, it is common for both parties to waive their closing argument on the theory that the judge has almost surely already arrived at her decision.





co-tenants

Two or more tenants who rent the same property under the same lease or rental agreement. Each co-tenant is 100% responsible for carrying out the rental agreement, which includes paying the entire rent if the other tenant skips town and paying for damage caused by the other tenant.





codicil

A supplement or addition to a will. A codicil may explain, modify, add to, subtract from, qualify, alter or revoke existing provisions in a will. Because a codicil changes a will, it must be signed in front of witnesses, just like a will.





collateral

Property that guarantees payment of a secured debt.





collateral estoppel

See estoppel.





collection agency

A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the debt themselves, typically through letters (called "dunning" letters) and telephone calls. Collection agencies are regulated by the federal Fair Debt Collection Practices Act. Unfortunately, too many collectors ignore this law.





collective mark

A name, symbol or other device used by members of a group or organization to identify goods or services it provides. For example, the letters ILGWU on a shirt label signify that the shirt was made by a member of the International Ladies" Garment Workers's Union.





collective work

For copyright purposes, a work, such as a periodical, anthology or encyclopedia, in which a number of separate and independent works are assembled into one work. To create a collective work, permission must be obtained from the owners of the copyrights of the constituent parts (assuming such parts are not already in the public domain). Although the author of the compilation may not own the copyright to any of the individual parts, the creativity involved in selecting and organizing the constituent materials is in itself protected by copyright.





collision damage waiver

See loss damage waiver.





collision insurance coverage

A component of car insurance that pays for damages to the insured vehicle that result from a collision with another vehicle or object. Collision insurance generally covers the amount of damage over and above an amount the insured person must pay, called the "deductible" amount.





collusion

Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds for divorce (such as adultery). By fabricating a permitted reason for divorce, colluding couples hoped to trick a judge into granting their freedom from the marriage. But a spouse accused of wrongdoing who later changed his or her mind about the divorce could expose the collusion to prevent the divorce from going through.





comfort care

Medical care intended to provide relief from pain and discomfort, such as pain control drugs.





comity of nations

Courtesy between nations that obligates their mutual recognition of each other's laws.





commerce

As defined by the Lanham Act, trade that the federal government is authorized to regulate. To qualify for federal trademark protection and registration, a mark must have first been used in commerce. In practice, this means that a product or service must be sold outside of the state in which it originates, be advertised out of state or cater to travelers, such as a hotel, before it can qualify for trademark protection.





commercial frustration

An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.







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