Latin for Lawyers

L ATIN FOR L AWYERS

formance by the parties. Concurrent jurisdiction is the existence of jurisdic tion to try a case in two or more courts simultaneously, e.g., a state court and a federal court. Example: in diversity cases, state and federal courts have con current jurisdiction . Concurrent sentences are two or more sentences in one criminal proceeding but on different counts which enable the defendant to serve both sentences over the same period of time (e.g., a defendant may be given concurrent sentences for embezzlement and tax evasion). See CURRENT CONDEMN [L. condemnare / to condemn] To determine that the defendant in a criminal case is guilty. To declare an act wrong or evil. To commit the defendant in a capital case to death by execu tion. To declare food, or a building, or a ship as unfit and order its destruction. To appropriate property for public use. See EMINENT DOMAIN; APPROPRIATE CONDEMNATION The process by which a governmental authority or agency takes or seizes pri vate property for public use by the exercise of the right of eminent domain and the payment of just compensation to the owner. See CONFISCATE; EMINENT DOMAIN; EXPRORIATE CONDITION [L. condicio / agreement, arrangement (from condico, condicere / to agree with, to settle)] A contract term or provision which renders the entire contract contingent upon the existence or occurrence of some fact or event. A term upon which performance depends. An essential ingredient in the realization of an event or objective. An act or event which may or may not occur but upon the occur rence of which the rights and/or obligations of the parties to a legal instru ment depend. Conditions may be concurrent, implied, express, precedent, subsequent or constructive . CONDITIONAL [L. condicio ] Subject to or depending upon a condition. A conditional delivery is a delivery not accompanied by delivery of title or ownership; ownership will be trans ferred only after satisfaction of a condition. A conditional title is a title to real estate which is subject to a condition. A conditional sale is a sale which becomes complete, in the sense that title passes to the buyer, only after the buyer has satisfied all conditions relating to credit and payment of the pur chase price. See UNCONDITIONAL

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