CONSULTATION1, practice. A conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, arranging their proofs, and removing any difficulties there may be in their way.
2. This should be had sufficiently2 early to enable the counsel to obtain an amendment3 of the pleadings, or further evidence. At these consultations4 the exact course to be taken by the plaintiff in exhibiting his proofs should be adopted, in consultation, by the plaintiff s counsel. In a consultation on a defendant5 s case, it is important to ascertain6 the statement of the defence, and the evidence which may be depended upon to support it; to arrange the exact course of defence, and to determine on the cross-examination of the plaintiff s witnesses; and, above all, whether or not evidence shall be given on the part of the defendant, or withheld7, so as to avoid a reply on the part of the plaintiff. The wishes of the client should, in all cases, be consulted. 3 Chit. Pr. 864.
CONSULTATION, Eng. law. The name of a writ8 whereby a cause, being formerly9 removed by prohibition10 out of an inferior court into some of the king s courts in Westminster, is returned thither11 again for if the judges of the superior court, comparing the proceedings12 with the suggestion of the party, find the suggestion false or not proved, and that therefore the cause was wrongfully called from the inferior court, then, upon consultation and deliberation, they decree it to be returned, where upon this writ issues. T. de la Ley.
CONSULTATION, French law. The opinion of counsel, on a point of law submitted to them. Dict. de Jur. h. t.
CONSUMATE. What is completed. A right is said to be initiate14, when it is not complete; and when it is perfected, it is consummated15.
CONSUMMATION. The completion of a thing; as the consummation of marriage; the consummation of a contract, and the like.
2. A contract is said to be consummated, when everything to be done in relation to it, has been accomplished16. It is frequently of great importance to know when a contract has been consummated, in order to ascertain the rights of the parties, particularly in the contract of sale. Vide Delivery, where the subject is more fully13 examined. It is also sometimes of consequence to ascertain where the consummation of the contract took place, in order to decide by what law it is to be governed.
3. It has been established as a rule, that when a contract is made by persons absent from each other, it is considered as consummated in, and is governed by the law of, the country where the final assent17 is given. If, therefore, Paul in New Orleans, order goods from Peter in London, the contract is governed by the laws of the latter place. 8 M. R. 135; Plowd. 843. Vide Conflict of Laws;, Inception18; Lex Loci Contractus; Lex Fori; Offer.
