Latin for Lawyers

CONCESSUM

employer to adjust wages, hours and other terms of employment is protected under the NLRA. In criminal law, a defendant who aids and abets another to commit a crime is said to be in a concert of action with the other defendant. CONCESSUM [L. concedere / to yield, to withdraw] The term was used by early courts to signify that a point or argument was accepted or conceded by one party. CONCILIATION [L. conciliare / to bring together, unite] The process of adjusting or settling claims or disputes before trial to avoid the expense and pressure of litigation. Some courts require efforts at conciliation before trial. Conciliation is used in the early stages of labor disputes. CONCLUSION, CONCLUSIVE, CONCLUSORY [L. concludo, concludere / to shut up, enclose, confine] A conclusion is a determination arrived at by considering a number of rele vant facts and issues. A final statement of a position or viewpoint. A conclu sion of fact is a fact inferred by the trier of facts from the evidence presented. A conclusion of law is a determination and statement by the court of the prin ciples of law which apply to the facts being considered by a jury, and, also, the principles upon which the court bases its judgment or decision. Resolving an issue or question permanently. Putting an end to debate or inquiry. Deci sive; determinative. Conclusory applies to statements which have no support in evidence or fact; i.e., mere allegations. CONCORDAT [L. concordare / to agree] An agreement or covenant. A compact between two or more sovereign states dealing with problems of mutual concern. Also, the agreement between the Holy See and a sovereign temporal state. CONCUR, CONCURRENCE [L. concurro, concurrere / to run together; to meet, assemble; to agree] To reach or express agreement. To arrive at a joint decision or determination. To act together in a common cause or with a common purpose. To happen at the same time. An appellate judge concurs with the court's decision when he reaches the same conclusion as reported in the decision but upon a different theory or a different line of reasoning. The opinion written by a judge who concurs is called a concurrence . CONCURRENT [L. concurrere / to run together; join, congregate] Acting or happening together or at the same time. Parallel courses or events. Concurrent causes are two or more causes happening at about the same time and combining to produce a given result. Concurrent conditions are two or more provisions in the same contract requiring essentially simultaneous per-

56

Made with FlippingBook - Share PDF online