CONSCIUS FRAUDIS

conscius fraudis (kon-s[h]ee-<<schwa>>s fraw-dis). [Latin] See PARTICEPS FRAUDIS . [Blacks Law 8th]

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CONSCIOUS-PRESENCE TEST

  conscious-presence test.A method for judging whether a testator is in the presence of a witness to a will, whereby if the testator can sense the presence of the witness — even if the witness cannot be seen — the witness is present. Restatement (Third) of Property: Wills and Other Donative Transfers  §  3.1   (1999).…

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CONSCIOUS PARALLELISM

conscious parallelism.Antitrust. An act of two or more businesses in a concentrated market intentionally en-gaging in monopolistic conduct. — Also termed tacit collusion; oligopolistic price coordination. [Blacks Law 8th]

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CONSCIOUSLY PARALLEL

consciously parallel.Antitrust. Of, relating to, or characterizing the conduct of a party who has knowledge of a competitor’s action (such as raising prices) and who makes an independent decision to take the same action. • In some cases this is viewed as evidence of a conspiracy. [Blacks Law 8th]

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CONSCIONABLE

conscionable (kon-sh<<schwa>>-n<<schwa>>-b<<schwa>>l), adj. Conforming with good conscience; just and reasonable <a conscionable bargain>. Cf. UNCONSCIONABLE. — conscionableness, conscionability,n. [Blacks Law 8th]

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CONSCIENTIOUS OBJECTOR

conscientious objector.A person who for moral or religious reasons is opposed to participating in any war, and who may be excused from military conscription but remains subject to serving in civil work for the nation’s health, safety, or interest. See 50 USCA § 456. Cf. PACIFIST. [Cases: Armed Services  20.6(3). C.J.S. Armed Services §§ 56–59.] [Blacks…

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CONSCIENTIA REI ALIENAE

conscientia rei alienae (kon-s[h]ee-en-shee-<<schwa>> ree-I ay-lee-ee-nee or al-ee-). [Law Latin] Scots law. The knowledge that property held by one person actually belongs to another [Blacks Law 8th]

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CONSCIENTIA ILLAESA

conscientia illaesa (kon-s[h]ee-en-shee-<<schwa>> i-lee-s<<schwa>> or -z<< schwa>>). [Latin] Hist. An un-violated conscience; good faith. [Blacks Law 8th]

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CONSCIENCE OF THE COURT

conscience of the court. 1. The court’s equitable power to decide issues based on notions of fairness and justice. See EQUITY(4). 2. A standard applied by the court in deciding whether a party or a jury has acted within ac-ceptable limits. • Thus, in some cases, a jury’s award of damages is upset because it…

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CONSCIENCE CLAUSE

conscience clause.A legislative provision that allows a person to claim an exemption from compliance, usu. on religious-freedom grounds.[Blacks Law 8th]

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