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C.I.F.
n. the total of cost, insurance and freight charges to be paid on goods purchased and shipped.
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calendar
1) n. the list of cases to be called for trial before a particular court; 2) v. to set and give a date and time for a case, petition or motion to be heard by a court. Usually a judge, a trial setting commissioner, or the clerk of the court calendars cases.
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calendar call
n. the hearing at which a case is set for trial.
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call
n. the demand by a corporation that a stockholder pay an installment or assessment on shares already owned.
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calumny
n. the intentional and generally vicious false accusation of a crime or other offense designed to damage one's reputation.
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cancel
v. to cross out, annul, destroy, void and/or rescind a document. Cancelling can be done in several ways: tear up the document or mark on its face that it is cancelled, void, or terminated if the debt for which it stood has been paid. It is important that the document (like a promissory note) itself become no longer operative either by destruction or marking, so that it cannot be used again.
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cancellation
cancel
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caning
n. a punishment for crimes employed in certain Asian countries (notably Singapore) even for misdemeanors (lesser crimes) in which the convicted defendant receives several lashes with a flexible "cane" meted out by a husky and skilled whipper. Such corporal punishment as a specific punishment or sentence so far is unknown in the last century in the United States.
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canon law
n. laws and regulations over ecclesiastical (church) matters developed between circa 1100 and 1500 and used by the Roman Catholic Church in reference to personal morality, status and powers of the clergy, administration of the sacraments and church and personal discipline. Canon law comprises ordinances of general councils of the church, decrees, bulls and epistles of the Popes, and the scriptures and writings of the early fathers of the church. Canon law has no legal force except within the Vatican in Rome, Italy, and in those nations in which the Catholic Church is the "official" church and where it prevails in religious matters which may affect all citizens (such as abortion and divorce). In Great Britain there is also a body of canon law dating back to pre-reformation in the 16th Century, which is used by the Anglican (Episcopal) Church. Canon law is not to be confused with professional canons, which are rules of conduct with no religious connection.
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cap
n. slang for maximum, as the most interest that can be charged on an "adjustable rate" promissory note.
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capital
1) n. from Latin for caput, meaning "head," the basic assets of a business (particularly corporations or partnerships) or of an individual, including actual funds, equipment and property as distinguished from stock in trade, inventory, payroll, maintenance and services. 2) adj. related to the basic assets or activities of a business or individual, such as capital account, capital assets, capital expenditure, and capital gain or loss. 3) n. an amount of money a person owns, as in "how much capital do you have to put into this investment?" as distinguished from the amount which must be financed.
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capital account
n. the record which lists all basic assets of a business, not including inventory or the alleged value of good will.
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capital assets
n. equipment, property, and funds owned by a business.
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capital expenditure
n. payment by a business for basic assets such as property, fixtures, or machinery, but not for day-to-day operations such as payroll, inventory, maintenance and advertising. Capital expenditures supposedly increase the value of company assets and are usually intended to improve productivity.
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capital gains
n. the difference between the sales price and the original cost (plus improvements) of property. Capital gains taxes can be a terrible financial shock to individuals who bought a house or business many years ago for the going price and now find it is highly valued, greatly due to inflation. Example: a couple buy a house in 1950 for $20,000 (then a high price) and upon retirement want to sell it for $400,000. There is a potential of tax on a $360,000 gain. There are some statutory cushions to ease this blow, such as a one-time $125,000 deduction from the gain (profit) on sale of real property if the seller is over 55, deferred (temporarily put off) tax if investment property is "exchanged" (profits are invested in other property) under strict rules, making lifetime gifts to children or charity, or buying another home. Another escape is death, which gives the property to heirs at the value on the day of the owner's death without capital gains tax ("stepped up basis"). Reduction of capital gains tax rates has been resisted by a majority of Congress, partly because lowering the rate generally would become a tax break for the wealthy.
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capital investment
capital expenditure
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capital offense
n. any criminal charge which is punishable by the death penalty, called "capital" since the defendant could lose his/her head (Latin for caput). Crimes punishable by death vary from state to state and country to country. In 38 American states these offenses may include first degree murder (premeditated), murder with special circumstances (such as intentional, multiple, involved with another crime, with guns, of a police officer, or a repeat offense), and rape with additional bodily harm, and the federal crime of treason. A charge of a capital offense usually means no bail will be allowed.
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capital punishment
n. execution (death) for a capital offense. The U.S. Supreme Court has vacillated on the application of capital punishment, ruling in the Furman decision (1972) that capital punishment was a violation of the Eighth Amendment's prohibition against "cruel and unusual punishment" in certain cases, and then reinstated it in 1976. New York, which once led the nation in executions, abolished capital punishment but reinstated it in 1995. There is no capital punishment in Alaska, Hawaii, Iowa, Kansas, Massachusetts, Maine, Minnesota, Michigan, North Dakota, Rhode Island, Vermont, West Virginia and the District of Columbia. There have been no federal executions in more than 30 years. Texas, Florida, Louisiana, Georgia, Virginia, and Alabama have held the most executions in recent years. Means of capital punishment used in the United States include lethal injection, electrocution, gas chamber, hanging, and firing squad. All capital offenses require automatic appeals, which means that approximately 2,500 men and women are presently on "death row" awaiting their appeals or death.
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capital stock
n. the original amount paid by investors into a corporation for its issued stock. Capital stock bears no direct relationship to the present value of stock, which can fluctuate after the initial issue or first stock offering. Capital stock also does not reflect the value of corporate assets, which can go up or down based on profits, losses, or purchases of equipment. Capital stock remains as a ledger entry at the original price.
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capitalization
n. 1) the act of counting anticipated earnings and expenses as capital assets (property, equipment, fixtures) for accounting purposes. 2) the amount of anticipated net earnings which hypothetically can be used for conversion into capital assets.
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capitalized value
n. anticipated earnings which are discounted (given a lower value) so that they represent a more realistic current value since projected earnings do not always turn out as favorably as expected or hoped.
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capricious
adv., adj. unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure. A semi-polite way of saying a judge is inconsistent or erratic.
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caption
n. the first section of any written legal pleading (papers) to be filed, which contains the name, address, telephone number of the attorney, the person or persons the attorney represents, the court name, the title of the case, the number of the case, and the title of the documents (complaint, accusation, answer, motion, etc.). Each jurisdiction has its own rules as to the exact format of the caption.
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care
n. in law, to be attentive, prudent and vigilant. Essentially, care (and careful) means that a person does everything he/she is supposed to do (to prevent an accident). It is the opposite of negligence (and negligent), which makes the responsible person liable for damages to persons injured. If a person "exercises care," a court cannot find him/her responsible for damages from an accident in which he/she is involved.
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careless
adj., adv. 1) negligent. 2) the opposite of careful. A careless act can result in liability for damages to others.
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carnal knowledge
n. from Latin carnalis for "fleshly:" sexual intercourse between a male and female in which there is at least some slight penetration of the woman's vagina by the man's penis. It is legally significant in that it is a necessary legal characteristic or element of rape, child molestation, or consensual sexual relations with a female below the age of consent ("statutory rape"). Age of consent varies from 14 to 18, depending upon the state.
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carrier
n. in general, any person or business which transports property or people by any means of conveyance (truck, auto, taxi, bus, airplane, railroad, ship), almost always for a charge. The carrier is the transportation system and not the owner or operator of the system. There are two types of carriers: common carrier (in the regular business or a public utility of transportation) and a private carrier (a party not in the business, which agrees to make a delivery or carry a passenger in a specific instance). Common carriers are regulated by states and by the Interstate Commerce Commission if they cross state lines.
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carryback
n. in taxation accounting, using a current tax year's deductions, business losses or credits to refigure and amend a previously filed tax return to reduce the tax liability.
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carrying for hire
n. the act of transporting goods or individuals for a fee. It is important to determine if the carrier has liability for safe delivery or is subject to regulation.
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carrying on business
v. pursuing a particular occupation on a continuous and substantial basis. There need not be a physical or visible business "entity" as such.
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Legal Dictionary
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