Latin for Lawyers

L ATIN FOR L AWYERS

negligence does not preclude him from recovering some damages from someone who is more at fault. COMPEL, COMPELLING [L. compello, compellere / to force to take some action; to drive to one place, as with cattle] To apply pressure to someone to force him to take some specific action. To cause to happen. To persuade or impel. A compelling argument is a line of reasoning which overcomes doubt or objection. A compelling cause is a pur pose which is difficult to resist. A compelling state interest is a public or civil interest which is so important as to limit individual rights or prerogatives. COMPENSATE, COMPENSATION [L. compenso, compensare / to weigh together, to measure one thing against another; to balance] To adjust for the effect of; to balance against. To counteract or neutralize. To offset a shortage, error or defect. To pay in money or property for services rendered. Compensation is the payment of money or property for services rendered or to adjust for a grievance or injury. Remuneration. Also, the adjustments in his physical or mental conditions which are made by a person to enable him to overcome a debilitating condition or a disabling illness or injury. COMPENSATIO CRIMINIS [L. compensatio / balancing accounts + crimen / fault, guilt, crime] Balancing one crime or wrong against another: “An eye for an eye and a tooth for a tooth.” In an action for divorce, the defense that the plaintiff has com mitted acts as wrongful as those of the defendant. COMPETENCY, COMPETENT [L. competere / to agree, coincide, match, equal] Possessing the ability to observe or comply with standards deemed reason able by the general community. Having the capacity to perform the functions or recognize the requirements of an activity. Conforming to qualifications defined as legal. The law subjects many matters to the test of competency . A competent testator , for example, must comprehend the nature and extent of his property, his relationship to the people he includes or leaves out, the meaning of a will, and simple business transactions. Competent evidence is evidence given by a witness who is able to understand the purpose and nature of his testimony. A competent defendant in a criminal trial is one who under stands the nature and scope of the charges against him and has the capacity to understand and act upon the advice of his lawyer.

53