Latin for Lawyers

L ATIN FOR L AWYERS

CUSTODIAL [L. custodia / custody, care] Relating to the maintenance and care of another, as in the relationship between a parent and child or a guardian and ward. Protection over. Having responsibility for the care of another. To place a person under custodial arrest is to incarcerate him after an arrest. CUSTODIA LEGIS Under custody of the law. Custody according to law. Legal custody. CUSTODY [L. custodia / watching, guarding, care] Care and charge of a thing or person. In the case of a child, the care and main tenance of the child, including control over her health and condition. Custody may be awarded by a court after hearing evidence about the level of current care. With respect to criminals, custody is the physical detention and impris onment of an accused or of a convict. Property may be taken in custody by a police officer under order of a court. CUSTOM [L. consuescere / to accustom, become habitual, become accus tomed to] A practice which is widely observed and tolerated in a particular place or area; accepted conduct. A practice having the force of law. A relationship recognized and enforced by the courts because of the universality of its acceptance. CUSTOM OF MERCHANTS The body of law governing commercial transactions which was incorporated into the common law of England. Sometimes called the law merchant. See LEX MERCATORIA

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