COGNOVIT CLAUSE

cognovit clause.A contractual provision by which a debtor agrees to jurisdiction in certain courts, waives notice requirements, and authorizes the entry of an adverse judgment in the event of a default or breach. • Cognovit clauses are outlawed or restricted in most states. [Cases: Federal Civil Procedure  2396; Judgment  54. C.J.S. Judgments §§ 140, 143–144, 170.][Blacks…

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COGNOVIT ACTIONEM

cognovit actionem (kog-noh-vit ak-shee-oh-n<<schwa>>m). [Law Latin “he has confessed the action”] A de-fendant’s written acknowledgment of the plaintiff’s claim, authorizing the plaintiff to take a judgment for a named sum; a cognovit. [Blacks Law 8th]

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COGNOVIT

cognovit (kog-noh-vit). [Latin “he has conceded (a debt or an action)”] An acknowledgment of debt or liability in the form of a confessed judgment. • Formerly, credit contracts often included a cognovit clause in which the consumer relinquished, in advance, any right to be notified of court hearings in any suit for nonpayment — but…

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COGNIZOR

cognizor (kog-ni-z<<schwa>>r or -zor).Hist. The grantor of land in a conveyance by fine. — Also termed conusor; conuzor. See FINE(1).“Next comes the concord, or agreement itself, after leave obtained from the court; which is usually an acknowledgment … that the lands in question are the right of the complainant. And from this acknowledgment, or recognition of…

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COGNIZEE

cognizee (kog-ni-zee).Hist. The grantee of land in a conveyance by fine. — Also termed conusee; conuzee. See FINE(1). [Blacks Law 8th]

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COGNIZANCE

cognizance (kog-ni-z<<schwa>>ns), n.1. A court’s right and power to try and to determine cases; JURISDICTION. [Cases: Courts  2. C.J.S. Courts § 16–17.] 2. The taking of judicial or authoritative notice. [Cases: Evidence  1. C.J.S. Evidence §§ 8–11, 106.] 3. Acknowledgment or admission of an alleged fact; esp. (hist.), acknowledgment of a fine. See FINE(1); FINE…

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COGNIZABLE

cognizable (kog-ni- or kog-nI-z<<schwa>>-b<<schwa>>l), adj.1. Capable of being known or recognized <for purposes of establishing standing, a plaintiff must allege a judicially cognizable injury>.2. Capable of being identified as a group because of a common characteristic or interest that cannot be represented by others <American Indians qualify as a cognizable group for jury-selection purposes>.3. Capable…

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COGNITOR

cognitor (kog-ni-tor), n. Roman law. A person formally appointed to represent another in a civil trial. Cf. PROCURATOR(1). [Blacks Law 8th]

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COGNITIVE TEST

cognitive test.Criminal law. A test of the defendant’s ability to know certain things, specif., the nature of his or her conduct and whether the conduct was right or wrong. • This test is used in assessing whether a defendant may rely on an insanity defense. [Cases: Criminal Law  48.] [Blacks Law 8th]

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