Latin for Lawyers

COMMUNIS ERROR FACIT JUS

COMMUNIS ERROR FACIT JUS An error which is common to all will become law. Common mistakes become the norm or the rule. COMMUNITY [L. communis / common, universal, customary, public] Place, vicinity, neighborhood. An area with a defineable boundary fixed by regulation, or by usage, or by common characteristcs and interests. A group of people with similar characteristcs or interests. The group may be widely scattered so long as its members share elements of history, origin or circum stance together. COMMUNITY PROPERTY The unity of husband and wife in the common ownership of all marital assets and income (with certain exceptions), recognized by those American states (e.g., California, Louisiana) which have taken their system of marital prop erty law from the Spanish and/or French, rather than the English common law. With the exception of gifts, bequests and legacies, all property acquired by either spouse during the marriage belongs equally to both. There are nine community property states. COMMUTE, COMMUTATION [L. com / with + muto, mutare / to change or exchange; to alter] An exchange or trade of goods; a substitution of one measure of monetary exchange for another. In criminal law, the substitution of a shorter or less onerous term or punishment for another, usually by the governor of a state. COMPACT [L. com + pactio / agreement, covenant] A treaty or contract. A formal agreement between or among parties, espe cially nations or groups of nations. The Compact Clause of the U.S. Constitu tion provides that no state shall enter into a compact or treaty with another state or with a foreign government. COMPARATIVE [L. comparo, comparare / to prepare, get ready; also, to put in pairs, to join together] Measured by the degree of relationship between one thing and another. An analysis of the differences and similarities which one factor bears to another. Comparative fault is a doctrine in tort law under which the degree of fault of the plaintiff and of the defendant in contributing to an accident or occurrence is measured and weighed; damages are assessed accordingly. Most states have adopted this doctrine. Comparative negligence is essentially the same as comparative fault. In comparative negligence jurisdictions, all persons con tributing to an accident are assessed in damages in accordance with the degree of their contribution. Under this doctrine, the plaintiff 's contributory

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