- compulsory
- In ecclesiastical procedure, a compulsory is a kind of writ to compel the attendance of a witness, to undergo examinationcompulsory, adjInvoluntary; forced; coerced by legal process or by force of statute@ compulsory attendanceRefers to legal obligation to attend; e.g. school attendance is compulsory up to certain age@ compulsory disclosureTerm with variety of meanings; may refer to court order compelling disclosure of matters within scope of discovery rules (see Fed.R. Civil P. 26, 37, 45; Fed.R.Crim.P. 16, 17). May also refer to obligation of public officers or candidates for public office to reveal assets and income from private sources.See also subpoena@ compulsory insuranceMotor vehicle liability coverage which is required in most states as a condition to registration of such vehicle@ compulsory licenseLicenses created under the Copyright Act to allow certain parties to make certain uses of copyrighted material without the explicit permission of the copyright owner, on payment of a specified royalty.See e.g. 17 U.S.C.A. No. 115@ compulsory nonsuitAn involuntary nonsuit.See nonsuit@ compulsory paymentOne not made voluntarily, but exacted by duress, threats, the enforcement of legal process, or unconscionably taking advantage of another. May also refer to legal obligations, such as payment of taxes or support; or to creditor remedies such as garnishment or attachment@ compulsory processProcess to compel the attendance in court of a person wanted there as a witness or otherwise; including not only the ordinary subpoena, but also a warrant of arrest or attachment if needed. A defendant's right, guaranteed by the federal Constitution, to compel the attendance of witnesses at trial and elicit testimony on behalf of the defense. State v. Fort, 197 N.J.Super. 113, 484 A.2d 323, 324.See e.g. Fed.R. Civil P. 45. The 6th Amend., U.S.Const., provides that the accused shall have the right to "have compulsory process for obtaining witnesses in his favor".See bench warrant- subpoena@ compulsory removalA term of art in admiralty law referring to a situation in which a hull has been abandoned by the owner and the hull underwriter, pursuant to government order, must be removed from navigable waters; under those circumstances the protection and indemnity underwriter, absorbing costs which no one else remains liable to pay, must remove the wreck or reimburse the government for removal. Seabord Shipping Corp. v. Jocharanne Tugboat Corp., C.A.N.Y., 461 F.2d 500, 504@ compulsory sale@ compulsory purchase@ compulsory sale or purchaseompulsory sale or purchaseTerm used to characterize the transfer of title to property under the exercise of the power of eminent domain, or by reason of judicial sale for nonpayment of taxes, or the like@ compulsory self-incriminationAny form of coercion, physical or psychological, which renders a confession of crime or an admission involuntary, is in violation of the 5th Amend., U.S.Const. and due process clause of 14th Amend. Such practices contravene the very basis of our criminal jurisprudence which is accusatorial not inquisitorial. Rogers v. Richmond, 365 U.S. 534, 81 S.Ct. 735, 5 L.Ed.2d 760.See confession@
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.