Latin for Lawyers

L ATIN FOR L AWYERS

COMPROMISE [L. compromitto, compromittere / to enter into mutual prom ises; to agree to arbitrate a dispute] To adjust differences by mutual concession. To reach agreement after acknowledging and settling a variety of differing interests. Also, to make concessions which reflect in a derogatory way on the person making them, as in he compromised his ideals . An agreement to settle a lawsuit. A compro mise verdict is a verdict arrived at by jurors by averaging damages or by some other arbitrary device which fails to represent the true agreement of the jurors as to liability. COMPULSION, COMPULSORY [L. compellere / to force to action, com pel] A force or pressure that causes a person to act involuntarily or against his will or interest. An irresistible or coerced response. Duress; coercion. The word compulsory has many uses in law. A compulsory counterclaim is a claim which must be asserted by the defendant if it arises from the same facts or transactions as those alleged in the complaint. Compulsory process is the machinery used by the courts to compel the attendance of witnesses, includ ing resort to arrest. The Constitution guarantees access to compulsory pro cess to every accused in a criminal trial. Amendment VI. CONCEAL [L. com + celo, celare / to hide, conceal] To hide, put out of sight. To prevent discovery or disclosure of. To fail or neglect to disclose a matter which would affect, change, or modify the behav ior of another, as to conceal a fact which would lead another party to walk away from a transaction if he knew it. To carry a dangerous weapon so as to prevent it from being seen. To prevent the discovery of stolen property. CONCEDE, CONCESSION [L. concedo, concedere / to retire, withdraw; also, to yield, to give up] To grant a right or privilege. To acknowledge as true or compelling, as to con cede a point or an argument; to yield or surrender. A concession is the act of acknowledging a point in argument or negotiation. Also, the right to use the real property of another for some gainful activity, e.g., logging or mining. Also, the right to occupy and use a portion of another's real property to carry on a business, such as a concession to sell food at a ballpark or to distribute newspapers to homes and offices. CONCERT, CONCERTED [L. concerto, concertare / to strive hard; to try together ( certus / settled, sure, certain)] An agreement reached after adjusting differences and grievances. Joint action to achieve a common purpose. Concerted action is action by two or more per sons for a common end. Concerted activity by workers to bargain with an

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