Legal Terminology 3 Flashcards
COMMUNITY PROPERTY
A statutory mandate requiring an equal
division of all marital property upon
divorce regardless of the respective
contributions or circumstances. Not
applicable in Mississippi. Instead, our state
applies a system of equitable distribution.
COMMUTATION
Reduction in severity of a previously
imposed penalty, e.g., commuting a death
sentence to life imprisonment
COMPARATIVE NEGLIGENCE
Legal principal, now codified in
Mississippi, that permits the jury to
diminish personal injury damages in
proportion to the amount of negligence
attributable to the injured party.
COMPETENCY
- The mental capacity to understand the
nature and effects of one’s actions. A
defendant in a criminal case must have a
rational and factual understanding of the
proceedings to enter a plea or to stand trial. - Evidentiary finding that a witness is
legally qualified to give testimony.
COMPLAINT
The first pleading which begins a civil
action.
COMPOSITION
Agreement whereby a creditor accepts the
immediate payment of a percentage of the
total amount owed as discharge of the
entire debt.
CONCLUSIVE EVIDENCE
Evidence that is incontrovertible or from
which only one reasonable conclusion can
be drawn taking all the facts and
surroundings into consideration. It is
synonymous with manifest, plain, clear,
and obvious.
CONCUBINE
A woman who lives with a man without the
benefit of marriage.
CONDEMNATION
Legal process by which real property of a
private owner is taken for public use upon
the award of due compensation.
CONDONATION
Defense in a divorce proceeding on
grounds that the offended spouse either
expressly or impliedly forgave, upon a
condition of future good behavior, a marital
wrong. Merely not leaving the marital
domicile or separating from the offending
spouse does not constitute a condonation.
CONFIRMATION OF TITLE
An action in chancery court to clear title in
the ownership of real property.
CONFLICTS OF LAW
Differences or inconsistencies between the
laws of different jurisdictions.
CONNIVANCE
The secret or indirect consent or permission
of one person to the commission of an
unlawful or criminal act by another; an
intentional failure to discover or prevent
the wrong.
CONSANGUINITY
Kinship; blood relationship; the connection
or relation of persons descended from the
same stock or common ancestor.
CONSENT DECREE
A decree agreed upon by the parties as a
way to settle a controversy, or substantial
part of it, without further litigation.
CONSERVATOR
- One appointed by the chancery court to
manage the estate of a person who is found
incapable of doing so for reasons of
advanced age, physical incapacity, or
mental weakness. 2. A person appointed
or qualified by a court to act as general,
limited or temporary guardian of a minor’s
property or a person legally authorized to
perform substantially the same functions.
CONSIDERATION
The inducement to a contract; the promise,
price or other value given to persuade
another to enter into the contract.
CONSORTIUM
A protected interest arising out of the
marriage covenant such as society,
companionship, love, affection, aid,
services, support, and sexual relations.
CONSORTIUM, LOSS OF
A claim for damages as a result of a party’s
loss of his or her spouse’s consortium.
CONSPIRACY
When two (2) or more people agree and
plan to commit a crime.
CONSTABLE
As set forth in Miss. Code Ann. Section 19-
19-5, an officer whose responsibilities
include preserving the peace, aiding and
assisting in executing the criminal laws of
the state, and serving process.
CONTRACT-ACCEPTANCE
An agreement to the conditions or terms
stated in an offer.
CONTRACT-OFFER
A proposal to enter into a contract; an offer
contains conditions or terms.
CONTEMPT
Conduct or words disruptive to the orderly
administration of justice.
