Latin for Lawyers

L ATIN FOR L AWYERS

other serious risk if an act is not done by him. The act of compelling another, through of fear of consequence, to commit an act he would otherwise avoid. The defense of coercion may be asserted by a defendant to avoid liability under a contract. COGITO ERGO SUM I think, therefore I am. COGNATE OFFENSE A related offense. An offense which shares some of the same elements with another offense. Robbery may be said to be a cognate offense of larceny. COGNATION [L. cognoscere / to know through the senses; become acquainted with] Relationship by blood. Descent from a common ancestor, male or female. COGNIZABLE [L. cognosco, cognoscere / to know, learn, understand] Having the capacity to be known or easily ascertained or determined. In the law, the word is applied to the process by which members of a group with common characteristics (e.g., race, gender or age) are singled out for unfavor able treatment. Under the U.S. Constitution, potential jurors may not be excluded from service because they are members of a cognizable group . A cognizable claim is a claim which will be accepted by the court. COGNOMEN [L. cognoscere + nomen / name] Having a common name; a surname or family name. COGNOVIT JUDGMENT Synonomous with the term “confession of judgment”; a judgment entered upon a written admission of liability by a debtor without the formality of a legal proceeding. The admission is generally signed and delivered in advance by a debtor who borrows or buys on credit. These judgments are considered coercive and are prohibited by statute in some states. See CONFESS COGNOVIT NOTE A promissory note which contains a provision authorizing the attorney or agent of the holder of the note to enter judgment against the maker without advance notice in the event of default or non-payment. COLLATE [L. collatum , pp. of conferre / to bring or put together, to collect] To collect a number of items and put them in some pre-determined order. To collect, compare and verify. To put a number of legal documents together in a specified order in preparation for filing or for submission to a court.

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