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Simple English definitions for legal terms
concourse
Read a random definition: arrestandis bonis ne dissipentur
A quick definition of concourse:
Concourse is a legal term that refers to the situation where two legal cases are based on the same facts. This can happen when a private person wants to prosecute someone for a crime committed against them, but the public prosecutor may not want to pursue the case. In this situation, the public prosecutor must still give their consent for the private prosecution to proceed. Concourse can also refer to a conflict among creditors or claimants who are trying to sort out and adjudicate their claims on a fund or estate.
A more thorough explanation:
Definition: Concourse refers to the simultaneous existence of two legal actions based on the same facts. It can also refer to a conflict among creditors or claimants.
- A private party may prosecute for an offense committed against them, even if the public prosecutor refuses to prosecute at the public expense. However, the concourse of the public prosecutor is necessary, and it cannot be refused. This means that the public prosecutor must agree to the private party's prosecution.
- In a concourse proceeding, two or more creditors claim an interest in a fund or estate. They must sort out and adjudicate all the claims on the fund.
These examples illustrate how concourse can refer to legal actions and conflicts among parties. In the first example, the private party and public prosecutor must work together to prosecute the offender. In the second example, creditors must resolve their claims to a fund or estate.