221

CLEAR AND PRESENT DANGER DOCTRINE

CJausula vel dispositJo inutilis pe
motam, vel_ causam ex post r rnesumptlonem re- have been) safely and properly stowed under deck.
/kl6zholo ~l dispozish(iy)ow . a~to non fulcltur One which contains nothing in the margin qualifying
zam(p)shiy6wnom, r::im6wdom '!' yu,ydolos p;r p~ the words in the bill of lading itself.
1
fthl{tow non fol~or t. A usele~ vel kozam eks pow st
[one which expresses no mores ~hause or disposition Clean hands doctrine. Under "clean hands" doctrine,
tendment would have supplied] . an the law by in- equity will not grant relief to a party, who, as actor,
remote presumption (or foreign's not supported by a seeks to set judicial machinery in motion and obtain
purpose, in regard whereof it m _m~endment of some some remedy, if such party in his prior conduct has
by a cause arising afterwards I~~- t be ma_terial], or violated conscience or good faith or other equitable
operation of those idle words]. ich may mduce an principle. Franklin v. Franklin, 365 Mo. 442, 283
S.W.2d 483, 486.
ctausum t k16zam / · Lat. Close closed
A .
wrt
closed, as a parcel of land up, sealed. In- Clear. Obvious; beyond reasonable doubt; perspicu-
sum (close) or apertum (open) was either clau- ous; plain. Free from all limitation, qualification,
be by /item patenla! (open g~ant)ants were said to question or shortcoming. Free from incumbrance,
(close grant); 2 Bl.Comm. 346 or ht~ra ?•usao obstruction, burden, limitation, etc. Plain, evident,
free from doubt or conjecture, unequivocal, also unin-
phrase qua re c/a usum fregit it den~ccurrmg_ m the
only realty in which the plaintiff h es m this sense cumbered. Free from deductions or drawbacks.
interest, whether for a limited or un? s~~e. exclusive Clearance. In maritime law, the right of a ship to leave
special or for general purposes. mu e time or for port. The act of clearing or leaving port. The certifi-
cate issued by the collector of a port evidencing the
Clausum fregit tkl6zam friyjat /. L. Lat. (He broke the power of the ship to leave port. In contract for
close.) In pleadmg and practice, technical words exhibition of motion pictures, the interval of time
formerly used m certam actions of trespass, and still between conclusion of exhibition in one theater and
retamed m the phrase quare clausum fregit (q. v.). commencement of exhibition at another theater.
Waxmann v. Columbia Pictures Corporation, D.C.Pa.,
Clausum paschle /kl6zam p~skiyiy /. In English law 40 F.Supp. 108, 111.
the morrow of the utas, or eight days of Easter· th~
end of Easter; the Sunday after Easter-day. • Clearance card. A letter given to an employee by his
employer, at the time of his discharge or end of
Clausura t klozhur::i/ . In old English law, an inclosure. service, showing the cause of such discharge or vol-
Clausura heya,, t he inclosure of a hedge. untary quittance, the length of time of service, his
capacity, and such other facts as would give to those
Clavia tkleyviyo/. In old English law. a club or mace; concerned information of his former employment.
tenure per serjeantiam c/avia,, by the serjeanty of the
club or mace. Clearance certificate. Issued to ship's captain showing
that customs requirements have been made.
Clawa. A close, or small inclosure. Clear and convincing proof. Generally, this phrase and
Clayton Act. A Federal law enacted in 1914 as its numerous variations mean proof beyond a reason-
amendment to the Sherman Antitrust Act dealing able, i.e., a well-founded doubt. Some cases give a
with antitrust regulations and unfair trade practices. less rigorous, but somewhat uncertain, meaning, viz.,
15 U.S.C.A. §§ 12- 27. The Act prohibits price more than a preponderance but less than is required
discrimination, tying and exclusive dealing contracts, in a criminal case.
mergers, and interlocking directorates, where the Proof which should leave no reasonable doubt in
effect may be substantially to lessen competition the mind of the trier of the facts concerning the truth
or tend to create a monopoly in any line of of the matters in issue. In Interest of Jones, 34
commerce. lll.App.3d 603, 340 N.E.2d 269, 274.
Clean. Irreproachable; innocent of fraud or wrongdo- That measure or degree of proof which will produce
ing; free from defect in form or substance; free from in mind of trier of facts a firm belief or conviction as
exceptions or reservations. It is a very elastic adjec- to allegations sought to be established; it is interme-
tive, however, and is particularly dependent upon diate, being more than mere preponderance, but not
to extent of such certainty as is required beyond
context. reasonable doubt as in criminal cases. Fred C. Walk-
Clean Air Acts. Federal and state environmental stat- er Agency, Inc. v. Lucas. 215 Va. 535, 211 S.E.2d 88
92. '
utes enacted to regulate and control air pollution.
See also Bey_ond a reasonable doubt; Burden of
Clean bill. Bill of exchange without documents at- proof; Clear eVJdence or proof.
tached. Clear and present danger doctrine. Doctrine in consti-
Clean bill of health. One certifying that no contagious tutional law. first formulated in Schenck v. U. S., 249
or infectious disease exists, or certifying as to healthy U.S. 47, 39 S.Ct. 247, 63 L.Ed. 470, providing that
conditions generally without exception or reserva- governmental restrictions on freedoms of speech and
press will be upheld if necessary to prevent grave and
tion. See Bill (Maritime law).
immediate danger to interests which government may
Clean bill of lading. One without exception or reserva- lawfully protect.
llon as to the place or manner of stowage of the Speech which incites to unlawful action falls out-
goods, and importing that the goods are to be (or side the protection of the First Amendment wheri•
8iacl<'s Law Dictionary 5th Ed - 6