Latin for Lawyers

CONSUL

that information. A prime example is the system of recording statutes to pro vide constructive notice to all of prior recorded land transactions. Construc tive adverse possession is treated by the courts in the same way as adverse possession even though there is no physical possession by the claimant of the property involved. Instead, the court finds constructive adverse possession out of such facts as the payment of taxes by the claimant under color of right. The courts recognize and give effect to constructive conditions, constructive contracts, constructive eviction, constructive force, constructive intent, con structive possession, constructive receipt, constructive trust , etc. CONSUL [L. consulere / to reflect, consult] The title given to both of the two chief magistrates of Rome. An official appointed by a sovereign government to protect the interests of its citizens and businessmen in a foreign country. CONSULAR MARRIAGE A marriage ceremony conducted before an American consul in a foreign jurisdiction. The marriage is valid in most states. CONSULTATION [L. consultare / to consider, weigh, ponder] A meeting, conference or discussion between client and attorney, or between a patient and doctor, or between two doctors. CONTEMPLATION [L. contemplari / to examine, consider, contemplate] The act of debating within one’s mind whether or not to take a particular action or step. The act of anticipating or preparing for an event or act. To think about or consider. The word is used most often in the phrase contempla tion of death . In that sense, it means the fear or apprehension of imminent death, not the general philosophical consideration of death we all engage in from time to time. For example, a person may be informed by his doctor that he has cancer and has two months to live. A transfer of property following this news would almost certainly be in comtemplation of death . CONTEMPT, CONTEMNOR [L. contemnere / to despise, hold in contempt] Contempt is the wilful disregard or disobedience of the instructions or orders of a judge, a legislature or a public authority. A contemnor is anyone who commits or is guilty of contempt. Contempt may be punished by fines or imprisonment. A civil contempt is the disobedience of a court order in a civil action. Sanctions are imposed by the court to compel compliance. Criminal contempt is conduct by a party or an attorney in disrupting the court or pre vented it from carrying on its proceedings in an orderly way; the court will impose fines and sanctions. See CONTUMACY

64