action. Each party to the lawsuit must be identified in the caption and must be a real party in interest, that is, either a person who has been injured or harmed in some way, or a person accused of causing the injury or harm. In addition, a party must have the capacity to sue or to be sued. If a party lacks capacity owing to mental incompetence, for example, the suit may be dismissed. Any number of parties may be named and joined in a single lawsuit as long as all meet the requirements of capacity and all are real parties in interest. Courts of limited–subject matter jurisdiction, such as federal courts, require the complaint to demonstrate that the court has jurisdiction to hear the case. In general-jurisdiction courts, such as most state courts, a jurisdictional allegation is unnecessary. The most critical part of the complaint is the claim, or cause of action. The claim is a concise and direct statement of the basis upon which the PLAINTIFF seeks relief. It sets forth the RULE OF LAW that forms the basis of the lawsuit and recounts the facts that support the rule of law. Finally, the claim concludes that the defendant violated the rule of law, thereby causing the plaintiff’s injuries or damages, and that the plaintiff is entitled to relief. For example: A negligence claim might begin with a state- ment that the defendant owed a duty of care to A sample letter of complaint ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Dear (Contact Person or Organization Name): Re: (account number, if applicable) On (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or model number or service performed) at (location, date, and other important details of the transaction). Unfortunately, your product (or service) has not performed well (or the service was inadequate) because (state the problem). I am disappointed because (explain the problem: for example, the product does not work properly, the service was not performed correctly, I was billed the wrong amount, something was not disclosed clearly or was misrepresented, etc.). To resolve the problem, I would appreciate your (state the specific action you want—money back, charge card credit, repair, exchange, etc.) Enclosed are copies (do not send originals) of my records (include receipts, guarantees, warranties, canceled checks, contracts, model and serial numbers, and any other documents). I look forward to your reply and a resolution to my problem and will wait until (set a time limit) before seeking help from a consumer protection agency or Better Business Bureau. Please contact me at the above address or by phone at (home and/or office numbers with area code). Letter of Complaint Your Address Your City, State, Zip Code (Your e-mail address if sending via e-mail) Date Name of Contact Person (if available) Title (if available) Company Name Consumer Complaint Division (if you have no specific contact) Street Address City, State, Zip Code Sincerely, Your name Enclosure(s) GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 58 COMPLAINT the plaintiff; that the defendant breached that duty; and that, as a result, the plaintiff suffered injuries or other damages. The conclusion then states that because the defendant’s breach was the cause of the plaintiff’s injuries, the plaintiff is entitled to COMPENSATION from the defendant. The complaint may state separate claims or theories of relief in separate counts. For example, in a negligence case, count 1 might be for negligence, count 2 for breach of warranty, and count 3 for FRAUD. Each count contains a separate statement of the rule of law, supporting facts, and conclusion. There is no limit to the number of counts a plaintiff may include in one complaint. Federal courts and other jurisdictions that follow the Federal Rules of Civil Procedure require a brief, simple PLEADING known as a notice pleading. The notice pleading informs the defendant of the allegat ions and the basis for the claim. The rules require that the complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief” (Fed. R. Civil P. 8 [a]). Rule 8(c)(1) states, “Each AVERMENT of a pleading shall be simple, concise, and direct.” Following the claim, the prayer for relief or demand for judgment appears. Commonly called the wherefore clause, the prayer for relief demands judgment for the plaintiff and relief in the form of the remedies the plaintiff requests. The plaintiff may demand relief in several forms. Money damages are compensation for injuries and loss. General money damages cover injuries directly related to the defendant’s actions—such as pain and suffering, or emotional distress. Special money damages arise indirectly from the defendant’s actions and may include lost wages or medical bills. The court awards exemplary or PUNITIVE DAMAGES when the defendant’s actions are particularly egregious. The purpose of punitive damages is to punish the defendant and deter similar wrongdoing. Other types of damages are recovery of property, injunctions, and SPECIFIC PERFORMANCE of a contractual obligation. The plaintiff may demand ALTERNA- TIVE RELIEF or several different types of relief, in the same complaint (Fed. R. Civ. P. 8[a]). A demand for a jury trial may be included near the end of the complaint. The complai nt must be signed by the plaintiff’s attorney, indicating that the attorney has read the complaint; that it is grounded in fact, to the best of the attorney’s knowledge, information, and belief; and that it is brought in GOOD FAITH. Criminal Complaint A criminal complaint charges the person named or an unknown person with a particular offense. For example, after the bombing of a federal building in Oklahoma City in 1995, authorities issued a John Doe complaint, charging an unknown person or persons with the crime. A criminal complaint must state the facts that constitute the offense and must be supported by PROBABLE CAUSE. It may be initiated by the victim, a police officer, the DISTRICT ATTORNEY , or another interested party. After the complaint is filed, it is presented to a MAGIS- TRATE , who reviews it to determine whether sufficient cause exists to issue an ARREST WARRANT . If the magistrate determines that the complaint does not state sufficient probable cause, the complaint is rejected and a warrant is not issued. In federal court, the complaint is presented under oath (Fed. R. Crim. P. 3). FURTHER READINGS Federal Employees News Digest, eds. 2000. Whistleblowing: A Federal Employee’s Guide to Charges, Procedures, and Penalties. Reston, Va.: Federal Employees News Digest. Kahan, Jeffrey B. 2001. “How to Prepare Responses to Complaints.” Los Angeles Lawyer 24 (April). Available online at http://www.lacba.org/Files/LAL/Vol24No2/ 1102.pdf; website home page: http://www.lacba.org (accessed July 15, 2009). McCord, James W.H. “Drafting the Complaint: Defending and Testing the Lawsuit.” Practising Law Institute 447. CROSS REFERENCE Civil Procedure. COMPLIANCE Observance; conformity; obedience. Compliance with the federal INCOME TAX laws is essential to avoid prosecution for TAX EVASION. COMPOSITION WITH CREDITORS A contract made by an insolvent or financially pressed debtor with two or more creditors in which the creditors agree to accept one specific partial payment of the total amoun t of their claims, which is to be divided pro rata among them in full satisfaction of their claims. A composition with creditors is an agree- ment not only between the debtor and the creditors but also between the creditors GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPOSITION WITH CREDITORS 59 themselves to accept less than what each is owed. It is a contract and such an arrangement is largely governed by contract law. There must be a meeting of the minds or mutual assent between the debtor and the creditors before a composition is created. A debtor must accept an offer by the creditors to accept partial payment of the amounts outstanding in order for the composition to be binding. The creditors themselves must also agree to the amount they will accept in satisfaction of their claims. They rely on mutual concessions of their rights to full payment in order to further the common purpose of securing their claims. No standard form is required for a compo- sition with creditors to be valid. A debtor can enter individual agreements with each creditor if it is clear that each follows a common purpose. All the creditors of a debtor do not have to agree to a composition. Those who do not participate are not bound by it. Like any co ntract, a composition with creditors must be supported by consideration to be enforceable. Each creditor’s promise to accept a PRO RATA share of the partial payment, as opposed to full payment of what is due, is consideration for the other creditors and the debtor. The surrender of debtor’s right to file a petition for BANKRUPTCY is deeme d consideration for the creditors. Failure to obey the terms of a composition provides a basis for a lawsuit for breach of the agreement. The debtor is released from the duty of payment only after he or she has complied with the payment provisions. All the debts that are part of a composition are extinguished once a composition has been terminated. Void Agreements If one creditor is secretly paid more or given a preference, the other creditors can void the agreement because the law guards against the inequitable treatment of creditors. The pre- ferred creditor cannot enforce or void the agreement. The debtor is entitled to recover payments made to such a creditor on the theory that a debtor is vulnerable to pressure by a creditor who has the power to force the debtor to file bankruptcy by refusing to enter into a composition. A sample composition with creditors ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Composition with Creditors This agreement made on ________________________________________ [date], between ________________________________ _ [name of debtor] ("Debtor") of _________________________________________ , ___________________________________ County, _______________________________________________________________________ [city, county, and state of debtor's residence or place of business], and ______________________________________________ [list names and addresses of the principal creditors] ("Principal Creditors") Debtor has been, and is now, engaged in the business of ____________________________________________________. In the course of conducting business, Debtor has become indebted to the Principal Creditors in the several sums set opposite of their respective names in the schedule annexed hereto. In consideration of the mutual covenants, promises, and conditions contained in this Agreement, it is agreed as follows: 1. Schedule of Payments. In exchange for the full satisfaction and discharge of the respective debts of the Principal Creditors, Debtor shall pay to each of the Principal Creditors _____________________ cents on the dollar on his, her, or its debt specified in the schedule annexed hereto. 2. Release of the Debtor. Each of the Principal Creditors hereby agrees to accept such composition in the full satisfaction of his, her, or its debt. When such compensation is duly paid to the Principal Creditors respectively, then the Debtor shall be released and discharged from the debts and liabilities that the Debtor now owes the Principal Creditors. 3. Validity of Agreement. This agreement shall become binding and effective although not executed by all of the creditors of the Debtor, and although all or any of the nonexecuting creditors may be paid in full. This agreement shall be void if the composition is not paid at the time and manner specified in this Agreement, or of the Debtor is adjudged bankrupt. 4. Binding Effect. This agreement shall legally bind the parties, and their respective legal representatives, successors, and assigns. [Signature of all parties] GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 60 COMPOSITION WITH CREDITORS Advantages A composition with creditors is usually more beneficial to a debtor than bankruptcy because it accomplishes the same end—discharge of all or most of a debtor’s debts—w ithout the stigma of bankruptcy. Unlike a bankruptcy discharge, a composition does not preclude future bank- ruptcy for six years. Creditors, however, are often reluctant to enter into a composition and those who refuse to do so are not affected by its terms. Distinctions A composition with creditors is not the same as an accord or an assignment for the benefit of creditors. Unlike an accord, which is an arrange- ment between a debtor and a single creditor for a discharge of an obligation by partial payment, a composition is an arrangement between a debtor and a number of creditors acting collectively for the liquidation of their claims. A composition with creditors differs from an assignment for the benefit of creditors in a number of ways. It is created by contract, as opposed to COMMON LAW or statute. Only creditors who agree to it are bound, while an assignment discharges debts voluntarily released by creditors. The terms of the composition determine whether the debtor retains property. However, in most jurisdictions, the property of a debtor who has assigned it for his or her creditors’ benefit is given to a third person with orders to sell it and distribute the proceeds to the creditors. Unlike an assignment, a composi- tion is not a basis for an involuntary bankruptcy proceeding. A sample form for composition with creditors can be found above. COMPOUND INTEREST Interest generated by the sum of the principal and any accrued interest. Interest is normally compounded on a daily, quarterly, or yearly basis. The more often interest is compounded, the larger the principal will grow and the greater the interest the new principal will produce. COMPOUNDING A FELONY A criminal offense consisting of the acceptance of a reward or other consideration in exchange for an agreement not to prosecute or reveal a felony committed by another. Compounding a felony is encompassed in statutes that make compounding offenses a crime. COMPOUNDING OFFENSE A criminal act in which a person agrees not to report the occurrence of a crime or not to prosecute a criminal offender in exchange for money or other consideration. The offense is also committed when a person accepts remuneration for encouraging a witness to be absent from a trial or employs any unlawful tactics to delay a criminal proceeding. Under the COMMON LAW and most modern statutes a compounding offense consists of three basic elements: (1) knowledge of the crime; (2) the agreement not to PROSECUTE or inform; and (3) the receipt of consideration. The offense is complete when there is an agreement to either withhold evidence of the crime, conceal it, or fail to prosecute it. A crime is not compounded when a person merely reacquires property previously stolen from him or her; the crime would further require that the return of the stolen property was conditioned on an agree- ment not to report or prosecute the crime. The individual compounding the crime must be aware of the previous offense although the person who committed it need not be tried or convicted. The fact that the person who committed the previous crime is not tried until after the prosecution for compounding occurs is irrelevant. The consideration can consist of anything of value, such as money, property, or a promise of monetary gain. Only the recipient of the consideration can be guilty of compounding an offense. Although the person who offers the consideration is not considered guilty of compounding a crime, he or she might be guilty of BRIBERY. At common law the compounding of any crime was an offense. In the early twenty-first century, many jurisdictions limit the offense to the compounding of felonies. The usual pun- ishment is a fine, imprisonment, or both. COMPRISE To embrace, co ver, or include; to confine within; to consist of. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPRISE 61 In the law governing patents—grants of an exclusive right or privilege to make, use, or sell an invention or product for a term of years— the term comprise indicates inclusion rather than limitation . When a PATENT claim states that a particular product is composed of certain elements, this means that other elements may also be present. As used in the devise of land, comprise means to contain or embrace. A plot of land may be comprised of a certain number of acres. COMPROMISE AND SETTLEMENT Settlement of a dispute by mutual agreement to avoid a lawsuit. PUBLIC POLICY favors the settlement of disputes to avoid lawsuits. Parties to conflicts that might otherwise end up in court are encouraged to resolve those conflicts by mutual agreement through their attorneys, through mediators, or even on their own. A compromise and settlement can be used for many types of disagreements includ ing contract disputes, civil disputes, labor-management negotiations, crim- inal cases, and DIVORCE and custody problems. The terms of a settlement agreement do not necessarily need to be equal. One party may give up more than originally intended. However, as long as the parties agree to the terms and the court views the compromise as fair, the settlement will be upheld by the court. A settlement is considered binding, and the court views it as final and conclusive. A c ompromise and settlement will be put aside only if there is evidence of BAD FAITH or FRAUD. A valid compromise and settlement can be in any form, written or verbal. A writing is not required unless specified by statute, court rule, or the terms set by the parties. When the agreement is written, it must clearly state the intentions of the parties. A compromise and settlement must have the same elements as a contract: Parties who have the capacity and authority to agree, an offer and acceptance, and VALUABLE CONSIDER- ATION (consideration is something of value received or promised by one party to induce the other party to enter into an agreement). Any party competent to enter into a contract can use compromise and settlement to resolve a conflict. There must be a MEETING OF MINDS in order to form a valid compromise; in other words, the parties must have the same understanding of the settlement. There must also be an offer of compromise and an acceptance of that offer. The offer can be made by either party. The terms of the offer must be clear and must show that the party making the offer intends to assume some obligation. The offer can be made subject to certain conditions that must be satisfied for a valid compromise. For example, a creditor creates a conditional offer when he or she sends a PROMISSORY NOTE for less than the full amount of a debt. If the debtor signs the note, he or she is agreeing to forgive part of the debt. If the debtor refuses to sign the note, the creditor’s offer is rejected. The offer is conditioned on the debtor’s signing the note. An offer of compromise and settlement must be made within a REASONABLE TIME. Acceptance of an offer of compromise must likewise be made within a reasonable time, and on the terms offered. However, delay in acceptance is immaterial when the person making the offer is not prejudiced by it. Acceptance can be implied or expressed. If it is based on a condition that proves impossible to perform, no settlement is possible. An offer of compromise can be withdrawn before acceptance, but not after. When an agreement is put in writing, either party may withdraw before signing. If court approval is necessary, one party can repudiate the agree- ment prior to the approval of the court. Like any other contract, a valid compromise and settlement must be based on consideration. Anything of value exchanged by the parties , including money or property, is sufficient to support a compromise and settlement. If a debtor agrees to pay more than she or he think s is owed, the additional amount is consideration in exchange for settlement of the debt. Resolu- tion of family conflicts can also be considered valuable consideration. The adequacy of the consideration, however small or slight it might be, is usually not a matter for judicial scrutiny. Unless the consideration is so unfair as to shock the conscience, inadequacy of consideration does not justify setting aside a compromise and settlement. Disputes involving family matters are fre- quently the subject of compromise and settle- ment. Increasingly, courts are encouraging, and sometimes mandating, that parties in divorce GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 62 COMPROMISE AND SETTLEMENT and custody matters seek settlement before pursuing an issue through trial. In a family setting, where issues are very personal and emotional, compromise and settlement pro- vides a means of preserving some sense of the close relationship between the parties. Because the parties reach the final agreement together, family matters resolved through compromise and settlement tend to be more amicable than those resolved through LITIGATION. Compromise and settlement can also be used to settle disputes with the INTERNAL REVENUE SERVICE (IRS). A taxpayer who owes the IRS money may propose a compromise for the method or amount of its payment. When the government accepts this compromise offer, it becomes a binding contract (47B C.J.S. Internal Revenue § 1064 [1995]). COMPROMISE OF 1850 The Compromise of 1850, also known as the Omnibus Bill, was a program of legislative measures enacted by Congress to reconcile the differences existing between the North and South concerning the issue of SLAVERY in newly formed TERRITORIES OF THE UNITED STATES. The historical background of the enactment of the Compromise involved the increasingly hostile relationship between the northern and southern states of the Union over the existence of slavery. This hostility was partly due to the reluctant enforcement by northern states of the Fugitive Slave Act of 1793, which established procedures for the return of runawa y slaves to their owners. The dissension was exacerbated in 1848 when the United States annexed Texas and gained new territories under the provisions of the Treaty of Guadalupe Hidalgo, which brought about the end of the Mexican Ameri- can War. Abolitionists continued to favor the antislavery stance of the WILMOT PROVISO prohi- biting slavery in the lands acquired from Mexico, which was proposed in 1846, but was never enacted into law. The South vehemently opposed the exclusion of slavery from the new territories. In 1849 the request of California to join the Union as a free state resulted in heated debates on the floor of Congress. Many viewed the situation as a grave threat to the existence of the Union. HENRY CLAY returned to the Senate to propose measures, based upon the ideas of STEPHEN DOUGLAS, that would reconcile the New Mexico Territory 1850 Unorganized Territory Utah Territory 1850 California Oregon Territory Minnesota Territory Iowa Missouri MS AL Georgia FL Kentucky Tennessee North Carolina SC LA LA Texas Indian Terr. (unorganized) Arkansas Michigan Ohio Virginia Pennsylvania Wisconsin New York VT RI NH MA ME CT NJ DE MD Indiana Illinois Pacific Ocean Atlantic Ocean Gulf of Mexico Slave States and Territories Free States and Territories Territories where voters determine status of slavery The Compromise of 1850 was negotiated amongst the most formidable congressmen of the times, including Henry Clay, John C. Calhoun, and Daniel Webster. Under the compromise, California entered the Union as a free state; territories obtained from Mexico were to decide the issue of slavery by popular vote; slave trade was banned from the capital, Washington, D.C.; and Congress adopted a stricter Fugitive Slave Law. The Compromise of 1850 The Compromise of 1850 was negotiated amongst the most formidable congressmen of the times, including Henry Clay, John C. Calhoun, and Daniel Webster. Under the compromise, California entered the Union as a free state; territories obtained from Mexico were to decide the issue of slavery by popular vote; slave trade was banned from the capital, Washington, D.C.; and Congress adopted a stricter Fugitive Slave Law. ILLUSTRATION BY ERIC WISNIEWSKI. GALE GROUP. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPROMISE OF 1850 63 different positions of the North and South. The proposals included the admission of California into the Union as a free state, the right of the New Mexico and Utah territories to determine the slavery issue for themselves at the time of their admission to the Union, the outlawing of the slave trade in the District of Columbia, and the congressional enactment of the more stringent FUGITIVE SLAVE ACT OF 1850 (9 Stat. 462). Due to the efforts of DANIEL WEBSTER and others, these controversial measures, which initially caused heated debate, were enacted by Congress in September 1850. Although l abeled a compromise due to its position on slavery, the Compromise of 1850 had short-lived effect as a solution to the issue in light of the subsequent problems resulting in the enactment of the KANSAS-NEBRASKA ACT in 1854 (10 Stat. 277) and the onset of the Civil War less than ten years later. CROSS REFERENCES “Compromise of 1850” (Appendix, Primary Document). COMPTROLLER An officer who conducts the fiscal affairs of a stat e or municipal corporation. A comptroller, which is often synonymous with auditor, generally has specific duties including the supervision of revenue, the examination and certification of accounts, and the inspection, examination, or control of the accounts of other public officials. A state comptroller’s major function is the final auditing and settling of all claims arising against the state. The chief financial officer of any private organization, such as a university or a corporation, is also called a comptroller. Within the federal government, the office of the comptroller of the currency exists as part of the national banking system. The function of this office is to promulgate and execute rules and regulations that govern the national banks. The approval of the comptroller of currency is essential to the organization of new national banks, as well as the transformation of state- chartered banks into national banks and the consolidation and merger of banks. The comptroller general of the United States is the leading official of the GENERAL ACCOUNTING OFFICE whose primary duty is to AUDIT various governmental agencies. COMPULSORY PROCESS The method employed by which a person wanted as a witness, or for some other purpose, in a civil or criminal action is forced to appear before the court hearing the proceeding. Compulsory process encompasses not only a SUBPOENA, which is a command to appear at a particular time and location to provide testimony upon a certain matter, but also a BENCH WARRANT, which is a written order commanding a law enforcement officer to seize the person named and bring that person into court. The SIXTH AMENDMENT to the Constitution provides that the accused in criminal prosecu- tions shall have the right “to have compulsory process for obtaining witnesses in his favor.” COMPURGATOR In early legal practice, one of several character witnesses produced by someone accused of a crime or by a defendant in a civil suit to attest, in court, that he or she believed the defendant on his or her oath. The process of compurgation, called WAGER OF LAW in England, was a type of absolution from a criminal or civil charge that enabled the DEFEN- DANT to come forward and swear to his or her innocence or nonliability. Through compurga- tion, the person on trial was able to conclusively contradict the charges and reinforce hi s or h er position through others who testified under oath that they believed the defendant’s testimony. The use of character witnesses in a lawsuit by a party is derived from the old practice of summoning compurgators to buttress one’scase. COMPUTER-ASSISTED LEGAL RESEARCH Technology that allows lawyers and judges to bypass the traditional law library and locate statutes, court cases, and other legal references in minutes using a personal computer, research software, or the Internet and an online connection. The two largest computer-assisted legal research (CALR) services are WESTLAW, offered by Thomson Corporation’s Eagan, Minnesota-based West unit, and LEXIS, offered by Reed Elsevier’s Dayton, Ohio-based Lexis- Nexis unit. Both services provide online access GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 64 COMPTROLLER to the fundamental tools of the legal profession: court opinions, federal and state statutes, federal regulations, administrative law cases, and other law-related materials. Their extensive databases are updated frequently, providing attorneys with the most up-to-the-minute developments in U.S. law. CALR systems contain thousands of data- bases. In addition to primary source materials, they offer access to business and economic journals, national newspapers, law reviews, federal tax abstracts, and financial data and materials. Specialized databases for narrower topics such as taxes, securities, labor, insurance, and BANKRUPTCY are also available. When CALR was first developed in the 1970s, it borrowed Boolean search techniques from the field of computer programming. A Boolean search looks for a particular term or group of terms in a specific relationship to one another. CALR Boolean searches can include limits with respect to time: for example, court opinions are always dated, so an attorney can use a Boolean search to look for cases released in a given year or in a range of years. CALR service providers have also created plain language search systems. Under the plain language approach, an attorney simply types in a search in the form of a question. The following two samples demonstrate the difference between a Boolean search and a plain language search for the same question: whether a successor corporation is liable for the cleanup of toxic waste left by a prior owner of the property. The two examples reflect WESTLAW notation; the notation for LEXIS would be similar. Boolean search: (successor /5 corpora- tion) /p (toxic or hazardous or chemical or dangerous /5 waste) /p clean! and da(aft 1/1/90) Plain language search: is a successor corporation liable for the cleanup of hazardous (toxic) waste? The sample Boolean search looks for the combination of successor within five words of corporation, in the same paragraph as the combination of toxic or hazardous or chemical or dangerous within five words of waste, within the same paragraph as clean or cleanup or cleans or cleaned or cleaning (the exclamation mark in clean! causes the computer to search for all words with clean as a root). Cases are limited to those dated after January 1, 1990. Boolean search results usually are listed in reverse chronological order (the most recent case first). A plain language search ranks the first 20 documents that best match the search. The first ranked document is the one that most closely matches the terms in the search. A document will be ranked higher if the terms appear more often in that document. Advances in computer technology have produced another innovation in automated research: voice recognition research. With this method, a search query is dictated either in plain language or by using Boolean terms and connectors. After the simple commands are spoken, the researcher’s exact words appear on the computer screen and the requested docu- ments are retrieved. The keyboard is not used at all during the search. Legal researchers have the OPTION of usin g CD-ROM (compact disc read-only memory) libraries, although those lessened in popularity beginning in the early 2000s. Historically, a personal computer, CD-ROM drive, and specific software were required to use CALR. More advanced technology, however, has allowed modern users to access a CALR online service using the INTERNET. The shift in the technology used to access CALR is demonstrated by the change in billing practices used by the major CALR service providers. Although at the outset CALR services were offered only on a subscription-basis, both WESTLAW and LEXIS have developed docu- ment retrieval systems without a subscription. This service offers legal researchers instant access to information with the use of a credit card on a pay-per-use basis. The Internet has become a valuable resource for business and legal research, even beyond the services of CALR providers, given that many statutes, court opinions, and LIBRARY OF CONGRESS materials are available online. It is also used for document transfers and client email. Recent Developments Most judges, law clerks, lawyers, and law librarians co ntinue to rely on t he traditional fee-based giants of online legal research: Lexis, Westlaw, and Loislaw (owned by New York- based Aspen Publishers, Inc., a subsidiary of Dutch publishing company Wolters Kluwer). However, more law-related professionals are turning to free Internet sites to conduct their legal research. A number of Websites now provide free acces s to a variety of legal materials GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPUTER-ASSISTED LEGAL RESEARCH 65 that include federal and state CASE LAW, codes and regulations, treatises, law reviews, scholarly articles, mainstream news stories, as well as legal forms, public records, and attorney directories. Examples of Internet sites that provide free access to at least some of these legal resources are numerous, though the depth and breadth of coverage offered by these site varies. Among the myriad of such providers, Findlaw (www.findlaw. com) generally remains the benchmark for comprehensive quality. Many law school Internet sites also provide free access to a wide variety of information. One such example is the Legal Information Institute, a Website maintained by Cornell Law School (www.law.cornell.edu). This site provides a range of primary and secondary source materials, as well as directories to locate additional information on the Web. FindLaw provides multiple channels for accessing information from its portal and caters the information to specific types of end users. These include channels for legal professionals, students, businesses, and the public. Material specific to these targeted audiences is made available as well as resources for all users, such as cases, codes, articles, and guides. Within each channel, users can drill down to the area of law that interests them. For example, students can look at outlines and examinations for a variety of legal courses, view employment opportunities, or learn about study skills. Business people can gain insights into starting a business, review different types of business organizations, and look into bankrupt- cy provisions. For the general public, topics include employment, IMMIGRATION, PERSONAL INJURY , education, estate planning, and REAL ESTATE law. FindLaw also continues to provide an excellent federal case law database that is searchable by title, citation, and full text. All cases from U.S. Reports from 1893 to the present are included. While great amounts of legal information can now be obtained on the Int ernet free of charge, the information typically consists of unanalyzed, non-value-added material such as primary-source documents stripped of the editorial enhancements provided by pay ser- vices. Such enhancements include case synopses (editorially created summaries of the procedural history and holding of a case), case headnotes (editorially created snapshots of each court ruling in a case), statutory annotations (editorially created i ndices listing every case that has interpreted or applied a particular statute), and legal citators (editorially created reference guides telling users whether a legal authority may still be cited in court as good law), among others. Because these editorial enhancemen ts can be valuable in m aking legal research more efficient and successful, many law-related professionals remain willing to pay significant subscriber and user fees to access them. FURTHER READINGS Delaney, Stephanie. July 11, 2008. Electronic Legal Research: An Integrated Approach, 2d ed. Delmar Cengage Learning. Ebbinghouse, Carol. 2001. “Portals to the Future of Legal Information.” Searcher Magazine (July 1). Jatkevicius, James. 2003. “Free Lunch: Legal Resources from Plain to Polished.”. Online Magazine (March 1). The Lawyer’s PC: A Newsletter for Lawyers Using Personal Computers. 1993. Colorado Springs: Shepard’s/ McGraw-Hill. “A Show-Stopper from WESTLAW.” 1992. California Lawyer (November). CROSS REFERENCES Computer Law Association; Internet; Law Review. COMPUTER CRIME Computer crime is the use of a computer to take or alter data or to gain unlawful use of computers or services. Because of the versatility of the computer, drawing lines between criminal and noncrimi- nal behavior regarding its use can be difficult. Behavior that compan ies and governments regard as unwanted can range from simple pranks, such as making funny messages appear on a computer’s screen, to financial or data manipulation producing millions of dollars in losses. Early prosecution of computer crime was infrequent and usually concerned embezzle- ment, a crime punishable under existing laws. The advent of more unusual forms of abuse such as computer worms and viruses and widespread computer hacking has posed new challenges for government and the courts. A particularly widespread manifestation of such abuse is in IDENTITY THEFT and credit card FRAUD. The first federal computer crime legislation was the Counterfeit Access Device and Com- puter Fraud and Abuse Act (18 U.S.C.A. § 1030), passed by Congress in 1984. The act safeguards certain classified government infor- mation and makes it a MISDEMEANOR to obtain GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 66 COMPUTER CRIME through a computer financial or credit infor- mation that federal laws protect. The act also criminalizes the use of computers to inflict damage to computer systems, including their hardware and software. In the late 1980s many states followed the federal government’sleadinanefforttodefine and combat criminal computer activities. At least 20 states passed statutes with similar definitions of computer crimes. Some of those states might have been influenced by studies released in the late 1980s. One report, made available in 1987 by the accounting firm of Ernst and Whinney, estimated that computer abuse caused between $3 billion and $5 billion in annual losses in the United States. Moreover, some of those losses were attributable to newer, more complicated crimes that usually were not prosecuted. The number of computer crimes continued to increase dramatically in the early 1990s. According to the Computer Emergency and Response Team at Carnegie-Mellon University, the number of computer intrusions in the United States increased 498 percent between 1991 and 1994. During the same time period, the number of network sites affected by computer crimes increased by 702 percent. In 1991, Congress created the National Computer Crime Squad within the FEDERAL BUREAU OF INVESTIGATION (FBI). Between 1991 and 1997, the Squad reportedly investigated more than 200 individual cases involving computer hackers. Congress addressed the dramatic rise in computer crimes with the enactment of the National Information Infrastructure Act of 1996 as Title II of the Eco nomic ESPIONAGE Act of 1996 (Pub. L. No. 104-294, 110 Stat. 3488). That act strengthened and clarified provisions of the original Computer Fraud and Abuse Act, although lawmakers and commentators have suggested that as technology develops, new legislation might be necessary to address new methods for committing computer crimes. The new statute also expanded the application of the original statute, making it a crime to obtain unauthorized information from networks of government agencies and departments, as well as data relating to national defense or foreign relations. Notwithstanding the new legislation and law enforcement’s efforts to curb computer crime, statistics regarding these offenses remained staggering. According to a survey in 2002 conducted by the Computer Security Institute, in conjunction with the San Francisco office of the FBI, 90 percent of those surveyed (which included mostly large corporations and govern- ment agencies) reported that they had detected computer-security breaches. Eighty percent of those surveyed acknowledged that they had suffered financial loss due to computer crime. Moreover, the 223 co mpanies and agencies in the survey that were willing to divulge informa- tion about financial losses reported total losses of $455 million in 2002 alone. Moreover, concerns abou t TERRORISM have included the possibility that terrorist organiza- tions could perform hostile acts in the form of computer crimes. In 2001 Congress enacted the Uniting and Strengthening America by Provid- ing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) (Pub. L. No. 107-56, 115 Stat. 277) to provide law enforcement with the necessary tools to combat terrorism. The act includes provisions that allow law enforcement greater latitude in hunting down criminals who use computers and other communication networks. The Homeland Security Act of 2002 (Pub. L. No. 107-296, 116 Stat. 2135) also directed the United States Sentencing Commission to re- view, and possibly to amend, the sentencing provisions that relate to computer crimes under David L. Smith was arrested in April 1999 for creating and disseminating the “Melissa” virus, which infected an estimated 1.2 million computers and affected one-fifth of the country’s largest businesses. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPUTER CRIME 67 . ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPROMISE OF 1850 63 different positions of the North and South. The proposals included the admission of California into the Union as a free state, the right of. number of Websites now provide free acces s to a variety of legal materials GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION COMPUTER-ASSISTED LEGAL RESEARCH 65 that include federal and state CASE LAW, . compounding of felonies. The usual pun- ishment is a fine, imprisonment, or both. COMPRISE To embrace, co ver, or include; to confine within; to consist of. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E