Cognizance: The power, authority, and ability of a judge to determine a particular legal matter. A judge’s decision to take note of or deal with a cause. Cognovit actionem: [Latin, He has confessed the action.] The written confession made by a defendant admitting the merits of the action brought against him or her by a plaintiff. The confession is usually based upon designated conditions, given in court, and impliedly empowers the plaintiff’s attorney to sign judgment and issue execution for its enforcement. Cognovit no te: An extraordinary document by which a debtor authorizes his or her creditor’s attorney to enter a confession in court that allows judgment against the debtor. Cohabitation: Cohabitation is a liv ing arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. Coinsurance: A provision of an insurance p olicy that provides that the insurance company and the insured will apportion between them any loss covered by the policy according to a fixed percentage of the value for which the property, or the person, is insured. Collateral: Related; indirect; not bearing immediately upon an issue. The property p ledged or given as a security interest, or a guarantee for payment of a debt, that will be taken or kept by thecreditorincaseofadefaultontheoriginaldebt. Collateral attack: An attempt to impeach or overturn a judgment rendered in a judicial proceeding, made in a proceeding o ther than within the original action or an appeal from it. Collateral estoppel: A doctrine by which an earlier decision rendered by a court in a lawsuit between parties is conclusive as to the issues or controverted points so that they cannot be relitigated in subsequent proceedings involving the same parties. Collateral heir : A successor to property—either by will or descent and distribution—who is not directly descended from the deceased but comes from a parallel line of the deceased’sfamily, such as a brother, sister, uncle, aunt, niece, nephew, or cousin. Collateral warranty: In real estate transactions, an assurance or guaranty of title made by the holder of the title to the person to whom the property is conveyed. Collective bar gaining: Collective bargaining is the process through which a labor union and an employer negotiate the scope of the employment relationship. Collective barga ining agreement: The contractual agreement between an employer and a LABOR UNION that governs wages, hours, and working conditions for employees and which can be enforced against both the employer and the union for failure to comply with its terms. Such an agreement is ordinarily reached following the process of collective bargaining. A high profile example of such bargaining happens in the world of professional baseball. Collision: T he violent contact of one vehicle—such as an automobile, ship, or boat—with another vehicle. Collusion: An agreement between two or more people to defraud a person of his or her rights or to obtain something that is prohibited by law. A secret arrangement wherein two or more people whose legal interests seemingly conflict conspire to commit fraud upon another person; a pact between two people to d eceive a court with the purpose of obtaining something that they would not be able to get through legitimate judicial channels. Color: The appearance or semblance of a thing, as distinguished from the thing itself. Color of law: The appearance of a legal right. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS COLOR OF LAW 47 Color of office: A description of an act by an officer done without authority under the pretext that he or she has an official right to do the act by reason of the officer’sposition. Color of title: The appearance of a legally enforceable right of possession or ownership. A written instrument that purports to transfer ownership of property but, due to some defect, does not have that effect. A document purporting to pass title to land, such as a deed that is defective due to a lack of title in the grantor, passes only color of title to the grantee. Colorable: False; counterfeit; something that i s false but has the appearance of truth. Co-maker: One who becomes obligated, an obligor, under a negotiable instrument—such as a check or promissory note—by signing his or her name along with the name of the original obligor, thereby promising to pay on it in full. A co-maker is a type of accommodation party, who is someone who has signed a commercial paper to aid someone wishing to raise money on it. An accommodation party lends his or her name to another person and makes a p romise to pay the bill or note when it is due if the other person defaults. Combination: In criminal law, an agreement between two or more people to act jointly for an unlawful purpose; a conspiracy. In patent law, the joining together of several separate inventions to produce a new invention. Combination in restraint of trade: An illegal compact between two or more persons to unjustly restrict competition and monopolize commerce in goods or services by controlling their production, distribution, and price or through other unlawful means. Comity: Courtesy; respect; a disposition to perform some official act out of goodwill and tradition rather than obligation or l aw. The acceptance or adoption of decisions or laws by a court of another jurisdiction, either foreign or domestic, based on public policy rather than legal mandate. Commerce: Theexchangeofgoods,products,oranytypeof PERSONAL PROPERTY. Trade and traffic carried on between different peoples or states and its inhabitants, including not only the purchase, sale, and exchange of commodities but also the instrumentalities, agencies, and means by which business is accomplished. The transportati on of persons and good s, by air, land, and sea. The exchange of merchandise on a large scale between different places or communities. Commerce clause: ThecommerceclauseistheprovisionoftheU.S.Constitutionthatgives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes. Commerce, electronic: Electronic commerce includes any sales transaction that takes place via computer or over the INTERNET. Commercial code: A colloqu ial desig nation for the body of law known as the Uniform Commercial Code (UCC), which governs the various business transactions that are integral parts of the U.S. system of commerce. The UCC has been adopted i n virtually all of the states. Commercial law: A broad concept that describes the SUBSTANTIVE LAW that governs transactions between business entities, with the exception of maritime transportation of goods (regulated by ADMIRALTY AND MARITIME LAW). Commercial law includes all aspects of business, including advertising and marketing, collections and BANKRUPTCY, banking, contracts, negotiable instruments, SECURED TRANSACTIONS, and trade in general. It covers both domestic and foreign trade; it also regulates trade between states. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 48 COLOR OF OFFICE DICTIONARY OF LEGAL TERMS Commercial paper: Commercial paper is a written instrument or document such as a check, draft, promissory note, or a certificate of deposit, that manifests the pledge or duty of one individual to pay money to another. Commingling: Combining things into one body. Commissioner: A person charged with the management or direction of a board, a court, or a government agency. Commitment: Commitment refers to those proceedings directing the confinement of a mentally ill or incompetent person for treatment. Commitment fee: Compensation paid to a lender by a borrower for the lender’s promise to give a mortgage at some future time. Committee: An individ ual or group of p eople to whom authority has been delegated by a larger group to perform a particular function or duty. A part of a legislative body made up of one or more individuals who have been assigned the task of investigating a certain issue and reporting their observations and recommendations to the legislature. The Senate has various committees, such as the Committee on Nuclear Energy. The name given to the person or group of people appointed by a court and charged with the responsibility of acting as the guardian of an incompetent person. Commodity: A tangible item that may be bought or sold; something produced for commerce. Common: Belonging to or pertaining to the general public. Common lands, also known as public lands, are those that are set aside for use by the community at large, such as parks and public recreation areas. Common also means habitual or recurring, such as offenses that are committed frequently or repeatedly. A common thief is one who has been repeatedly convicted of LARCENY. Something that is common is owned equally by two or more people, such as a piece of land. A TENANCY IN COMMON is an interest in land wherein at least two people share ownership. Common carrier: An individual or business that advertisestothepublicthatitisavailablefor hire to transport people or property in exchange for a fee. Common council: In English LEGAL HISTORY, the name given to Parliament. In the U.S. legal system, the legislative body of a city or of a MUNICIPAL CORPORATION. Common count: A traditional type of COMMON-LAW PLEADING that is used in actions to recover a debt of money of the defendant based upon an express or implied promise to pay after performance had been rendered. In a common-count pleading, the plaintiff sets forth in account form the facts that constitute the basis of his or her claim, such as money had and received and goods sold and delivered. Common disaster: A set of circumstances in which two individuals die apparently simultaneously. Common lands: An archaic designation of property set aside and regulated by the local, state, or federal government for the benefit of the public for recreational purposes. Common law: The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the A merican Revolution. The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals. A designation used to denote the opposite of statutory, equitable, or civil, for example, a common-law action. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS COMMON LAW 49 Common-law action: A lawsuit governed by the general principles of law derived from court decisions, as opposed to the provisions of statutes. Actions ex contractu, arising out of a breach of contract, and actions ex delicto, based upon the commission of a TORT, are common-law actions. Common-law courts: The early royal courts in England that administered the law common to all. Common-law marriage: A union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by cohabitation. Common-law pleading: The system of rules and principles that governed the forms into which parties cast t heir claims or defenses in order to set an issue before the court. Common-law trust: More commonly known as a BUSINESS TRUST or a Massachusetts trust. A business organization for investment purposes by which trustees manage and control property for the benefit of beneficiaries who are protected against personal liability for any losses incurred. Common pleas: Trial-level courts of general jurisdiction. One of the royal common-law courts in England existing since the beginning of the thirteenth century and d eveloping from the Curia Regis, or the King’sCourt. Common scold: A person who frequently or habitually causes public disturbances or breaks the peace by brawling or quarreling. Common stock: Evidence of participation in the ownership of a corporation that takes the form of printed certificates. Communis error facit jus: [Latin, common error makes law.] Another expression for this idea is “common opinion,” or com munis opinio. In ancient Rome, the phrase expressed the notion that a generally accepted opinion or belief about a legal issue makes that opinion or belief the law. Judges have pointed out that universal opinion may also be universal error. Until the error is discovered, however, the belief continues to be the law. The concept of communis opinio is not especially favored by contemporary U.S. courts. Communism: A system of social organization in which goods are held in common. Community-oriented policing: A philosophy that combines traditional aspects of law enforcement with prevention measures, problem-solving, community engagement, and community partnerships. Community property: The holdings and resources owned in common by a husband and wife. Community service: A sentencing option for persons convicted of crimes in which the court orders the defendant to perform a number of hours of unpaid work for the benefit of the public. Commutation: Modification, exchange, or substitution. Compact: An agreement, treaty, or contract. Compact clause: A provision contained in Article I, Section 10, Clause 3, of the U.S. Constitution, which states, “No State shall, without the consent of Congress enter into any Agreement o r Compact with another State.” Intended to curtail the increase of political power in the individual states that might interfere with the supremacy of the federal government or impose an unconstitutional burden on interstate commerce in violation of the COMMERCE CLAUSE . GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 50 COMMON-LAW ACTION DICTIONARY OF LEGAL TERMS Company: An organization of individuals conducting a commercial or industrial enterprise. A corporation, partnership, association, or joint stock company. Comparable worth: Comparable worth is the idea that men and women should receive equal pay when they perform work that involves comparable skills and responsibility or that is of comparable worth to the employer; the concept is a lso known as pay equity. Comparative rectitude: The principle by which a divorce is awarded to the party whose fault is less serious in cases where both spouses allege grounds that would justify a divorce. Compensation: A pecuniary remedy that is awarded to an individual who has sustained an injury in order to replace the loss caused by said injury, such as workers’ compensation. Wages paid to an employee or, generally, fees, salaries, or allowances. The payment a landowner is given to make up for the injury suffered as a result of the seizure when his or her land is taken by the government through EMINENT DOM AIN . Compensatory damages: A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. Competent: Possessing the necessary reasoning abilities or legal qualifications; qualified; capable; sufficient. Competent evidence: Informationthatprovesapointatissueinalawsuit. Complainant: A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy a n alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation and whi ch results in the criminal prosecution of the suspect. Complaint: The PLEADING that initiates a civil action; in criminal law, the document that sets forth the basis upon which a person is to be charged with a n offense. Compliance: Observance; conformity; obedience. 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 a mount of their claims, which is to be divided pro rata among them in full satisfaction of their claims. Compound interest: Interest generated by the sum of the principal and any accrued interest. 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 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. Comprise: To embrace, cover, or include; to confine within; to consist of. Compromise and settlement: Settlement of a dispute by mutual agreement to avoid a lawsuit. Comptroller: An officer who conducts the fiscal affairs of a state or MUNICIPAL CORPORATION. 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. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS COMPULSORY PROCESS 51 Compurgator: In early legal practice, one of several character witnesses produced by someone accused of a crime or by a defendant in a civil suittoattest,incourt,thatheorshebelievedthe defendantonhisorheroath. Computer-assisted legal research: Technology that allows lawyers and judges to bypass the traditional law library and locate statutes, court cases, and o ther legal references in minutes using a personal computer, research software, or the INTERNET and an online connection. Computer crime: Computer crime is the use of a computer to take or alter data or to gain unlawful use of comp uters or services. Con: A prefix meaning with or together. Aslangabbreviationforconfidence, as in con man or con game. To con someone is to deceive or take advantage of a person through FRAUD or trickery after winning the person’s confidence. Con is also used as a slang abbreviation for convict, as in ex-con to mean someone previously incarcerated. An abbreviation for contra, which means against. To show the pros and cons of a particular issue means to present arguments or evidence on both sides. Concealment of birth or death: The crime of refusing to disclose the birth or death of a newborn child. Conciliation: The process of adjusting or settling disputes in a friendly manner through extrajudicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial. ARBITRATION, in contrast, is a contractual remedy used to settle disputes out of court. In arbitration the two parties in controversy agree in advance to abide by the decision made by a third party called in as a mediator, whereas conciliation is less structured. Conciliation, inter nationa l: A method by which the differences between nations may be settled by means of a commission employed to consider and report upon such differences. Conclusion of law: Therulebywhichtherightsofpartiesinalawsuitaredeterminedbya judge’s application of relevant statutes or legal principles to the facts of the case that have been found to be true by the jury. The final judgment or d ecree rendered by a court based upon the verdict reached by the jury. Legal principles that provide the basis for the decision rendered by a judge in a case t ried without a ju ry or with an ADVISORY JURY after certain facts have b een established. Conclusive: Determinative; beyond dispute or question. That which is conclusive is manifest, clear, or obvious. It is a legal inference m ade so peremptorily that it cannot be overthrown or contradicted. Concur: To agree; coincide; act together. To concur is to evidence consent in an affirmative or concrete manner as opposed to merely acquiescing or silently submitting to a decision. Concurrent: Simultaneous; converging; of equal or joint authority. Concurrent estates: Ownership or possession of real property by two or more individuals simultaneously. Concurrent jurisdiction: The authority of several different courts, each of which is authorized to entertain and decide cases dealing with the same subject matter. Concurrent resolution: An action of Congress passed in the form of an enactment of one house, with the other house in a greement, which expresses the ideas o f Congress on a particular subject. Concurrent writs: Court orders issued in duplicate originals; several orders issued at the same time for the same purpose. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 52 COMPURGATOR DICTIONARY OF LEGAL TERMS Condemn: To adjudge or find guilty of a crime and sentence. To declare a building or ship unsafe for use or occupancy. To decide that a navigable vessel is a prize or is unfit for service. To take privately owned land for public u se in exchange forjustcompensationbyvirtueofthepower of eminent domain. Condemnation: The process of implementing EMINENT DOMAIN, whereby the government takes private property for public use. Condition: A future and uncertain event upon the happening of which certain rights or obligations will be either enlarged, created, or destroyed. Conditional: Subject to change; dependent upon or granted based on the occurrence of a future, uncertain event. Condominium, international: A non-self-governing territory over which two states share administrative control. In this context the term coimperium is sometimes used interchangeably with the term co ndominiu m. Condominiums and cooperatives: Two common forms of multiple-unit dwellings, with independent owners or lessees of the individua l units comprising the multiple-unit dwelling who share various costs and responsibilities of areas they use in common. Condonation: In marriage, the voluntary pardoning by an innocent spouse of an offense committed by his or her partner conditioned upon the promise that it will not recur. Confederacy: The association or banding together of two or more persons for the purpose of committing an act or furthering an enterprise that is forbidden by law, or that, though lawful in itself, becomes unlawful when made the object of the confederacy. More commonly called a conspiracy. The union of two or more independent states for the purpose of common safety or a furtherance of their mutual goals. Confederation: A union of states in which each member state retains some independent control over internal and external affairs. Thus, for international purposes, there are separate states, not just one state. A federation, in contrast, is a union of states in which external affairs are controlled by a unified, central government. Confession: A statement by which an individual acknowledges his or her guilt in the commission of a crime. Confession and avoidance: A form o f plea that served as the formal answer to a plaintiff’ s complaint or declaration. Confession of judgment: A procedure whereby a defendant did not enter a plea, the usual response to a plaintiff’s declaration in COMMON-LAW PLEADIN G, but instead either confessed t o the accuracy of the plaintiff’s claim or withdrew a plea already entered. Confidential communication: Aformof PRIVILEGED COMMUNICATION passed from one individual to another, intended to be heard only by the individual addressed. Confidential relation: Any connection between two individuals in which one of the parties has an obligation to act with extreme GOOD FAITH for the benefit of the other party. Confiscate: To expropriate private prop erty for pub lic use without compensating the owner under the authority of the POLICE POWER of the government. To seize property. Conflict of interest: A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CONFLICT OF INTEREST 53 Conformed copy: A duplicate of a document that includes handwritten notations of items incapable of r eproduction, such as a signature, which must be inscribed upon the duplicate with the explanation that it was placed there by the person whose signature appears on the original document. Conforming use: When land is employed in compliance with ZONING ordinances in a particular area. Confrontation: A fundamental right of a defendant in a criminal action to come face-to-face with an adverse witness in the court’s presence so the defendant has a fair chance to object to the testimony of the witness, and the opportunity to cross-examine him or her. Confusion: The combination or mixture of two things; the process of commingling. Confusion of goods: A blending together of property individually owned by two or more people so as to make it impossible to distinguish who owns what. Conglomerate: A corporation operating in several different and unrelated enterprises, such as the movie industry, baking, and oil refining. Congress of the United States: The h ighest lawmaking body in the United States and one of the oldest national legislatures in the world. Established under the terms of the U.S. Constitution in 1789, the House of Representatives and the Senate have for more than 220 years created the federal laws governing the United States. Congressional-executive agreement: An accord made by joint authority of the Congress and th e president covering areas of international law that are not within the ambit of treaties. Congressional Record: A daily publication of the federal government that details the legislative proceedings of Congress. Conjugal: Pertaining or relating to marriage; suitable or applicable to married people. Connecting up doctrine: A term relating to the admissibility of evidence which means that a fact may be admitted into evidence provided that its relevance will subsequently become apparent when it is linked to other facts presented later. Connivance: The furtive consent of one person to cooperate with another in the commission of an unlawful act or crime—such as an employer’s agreement not to withhold taxes from the salary of an employee who wants to evade federal INCOME TAX. The false consent that a plaintiff gave to a defendant’s past conduct during their marriage which the plaintiff presently alleges as agroundfor DIVORCE. Conquest: A term used in feudal law to designate land acquisition by purchase; or any method other than descent or inheritance by which an individual obtains ownership of an estate. A term used in international law for the process whereby a sovereign nation is, by force of arms, made to submit to another nation; the defeated country thus becomes part of the empire of the conqueror. Consanguinity: Blood relationship; the relation of people who descend from the same ancestor. Conscientious objector: A person who, because of principles of religious training and moral belief, is opposed to all war regardless of its cause. Conscription: Compulsory enrollment and induction into the military service. Consensual al teration: A change in a legal document agreed to by the parties and binding upon them. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 54 CONFORMED COPY DICTIONARY OF LEGAL TERMS Consent: Voluntary ACQUIESCENCE to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingnessthatanactoraninfringementofaninterest shall occur. Consent decree: A settlement of a lawsuit or criminal case in which a person or company agrees to take specific actions without admitting fault or guilt for the situation that led to the l awsuit. Consequential dam ages: Injury or harm that does not ensue directly and immediately from the act of a party, but only from some of the results of such act, and that is compensable by a monetary award after a judgment has been rendered in a lawsuit. D etriment that arises from the interposition of special, unpredictable circumstances. Harm to a person or property directly resulting from any breach of warranty or from a false factual statement, concerning the qualityornatureofgoodssold,madebythesellertoinducethesaleandreliedonbythebuyer. Conservator of the peace: An officer of the government authorized by law to act in such a manner that will preserve and maintain the order and safety of the community and the general public. Consideration: Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances. Consignment: The delivery of goods to a carrier to be shipped to a designated person for sale. A BAILMENT of goods for sale. Consortium: The marital alliance between a husband and wife and their respective right to each other’ssupport,cooperation,aid,andcompanionship. Consortium/intergovernmental corporations and consortiums: Quasi-business associations formed to provide services, arrange financing, or o perate certain enterprises. Conspiracy: Conspiracy is an agreement between two or more persons to engage jointly in an unlawful or criminal act or an act that is innocent in itself but becomes unlawful when done by the combination of actors. Constable: An official of a MUNICIPAL CORPORATION whose primary duties are to protect and preserve the peace of the community. Constitute: To comprise or put together. That which is duly constituted is properly made up and formally correct and valid. Constitutio n: The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers. A legislative charter by which a government or g roup derives its authority to act. Constitution of the United States: A written document executed by representatives of the people of the United States as the absolute rule of action and decision for all branches and officers of the government, and with which all subsequent laws and ordinances must be in accordance unless it has b een changed by a constitutional amendment by the authority that created it. Constitutio nal: That which is consistent with or dependent upon the fundamental law that defines and establishes government in society and basic principles to which society is to conform. Constitutiona l amendment : The means by which an alteration to the U.S. Constitution, whether a modification, deletion, or addition, is accomplished. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CONSTITUTIONAL AMENDMENT 55 Constitutional law: Constitutional law is the written text of the state and federal constitutions. I t includes the body of judicial precedent that has gradually developed through a process in which courts interpret, apply, and explain the meaning of particular constitutional provisions and principles during a legal proceeding. Executive, legislative, and judicial actions that conform to the norms prescribed by a constitutional provision are a lso included. Construction: The process by which the meaning of an ambiguous provision of a statute, written document, or oral agreement is determined. Constructive: Thatwhichexists,notinfact,butasaresultoftheoperationoflaw.Thatwhich takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character. Constructive desertion: The end of marital COHABITATION brought about when one spouse, by his or her conduct, forces the other to leave home. Constructive eviction: The disturbance, by a landlord, of a tenant’s possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession. Constructive trust: A relationship by which a person who has obtained title to property has an equitable d uty to transfer it to another, to whom it rightfully belongs, on the b asis that the acquisition or retention of it is wrongful and would unjustly enrich the person if he or she were allowed to retain it. Consular court: A tribunal convened by public officials who reside in a foreign country to protect the interests of their country for the settlement of civil cases based upon situations that happened in the foreign nation and which is held pursuant to authority granted by treaty. Consuls: Governmental representatives stationed in foreign countries who oversee economic and other interests of their home country and its citizens in those countries. Consumer: An individual who purchases and uses products and services in contradistinction to manufacturers who produce the goods or services and wholesalers or retailers who distribute and sell them. A member of the general category of persons who are protected by state and federal laws regulating price policies, financing practices, quality of goods and services, credit reporting, debt collection, and other trade practices of U.S. commerce. A purchaser of a product or service who has a legal right to enforce any implied or express warranties pertaining to the item against the manufacturer who has introduced the goods or services into the marketplace or the seller who has made them a term of the sale. Consumer credit: Consumer credit refers to the short-term loans made to enable people to purchase goods or services primarily for personal, family, or household purposes. Consumer fraud: Deceptive practices that result in financial or other losses for consumers in the course of seemingly legitimate business transactions. Consumer price index: A computation made and issued monthly by the Bureau of Labor Statistics of the federal LABOR DEPARTMENT that attempts to track the price level of designated goods and services purchased by the average consumer. Consumer protection: Consumer protection laws are federal and state statutes governing sales and credit practices involving consumer goods. Such statutes prohibit and regulate deceptive or unconscionable advertising and sales practices, product quality, credit financing and reporting, debt collection, leases, and other aspects of consumer transactions. Consumer software piracy: The unauthorized use, possession , downloading, duplication, distribution, or sale of copyrighted computer software. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 56 CONSTITUTIONAL LAW DICTIONARY OF LEGAL TERMS . itself. Color of law: The appearance of a legal right. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS COLOR OF LAW 47 Color of office: A description of an act by an officer. opposite of statutory, equitable, or civil, for example, a common -law action. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS COMMON LAW 49 Common -law action: A lawsuit. is accomplished. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CONSTITUTIONAL AMENDMENT 55 Constitutional law: Constitutional law is the written text of the state and