Conceal

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Conceal

Post by notmartha » Mon Jul 06, 2015 12:40 pm

BIBLE

KJV References:

Kāsâ, Hebrew Strong’s #3680, is used 152 times throughout the Old Testament. It is translated as cover (135), hide (6), conceal (4), covering (2), overwhelmed (2), clad (1), closed (1), and clothed (1). Some examples:
Genesis 37:26: And Judah said unto his brethren, What profit is it if we slay our brother, and conceal his blood?

Deuteronomy 13:8: Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him:
Kāḥad, Hebrew Strong’s #3582, is used 32 times throughout the Old Testament. It is translated as hide (16), cut off (10), conceal (4), desolate (1), and cut down (1). Some examples:
Job 27:11 I will teach you by the hand of God: that which is with the Almighty will I not conceal.

Jeremiah 50:2 Declare ye among the nations, and publish, and set up a standard; publish, and conceal not: say, Babylon is taken, Bel is confounded, Merodach is broken in pieces; her idols are confounded, her images are broken in pieces.

Job 6:10 Then should I yet have comfort; yea, I would harden myself in sorrow: let him not spare; for I have not concealed the words of the Holy One.

Psalm 40:10 I have not hid thy righteousness within my heart; I have declared thy faithfulness and thy salvation: I have not concealed thy lovingkindness and thy truth from the great congregation
.

Hārēsh, Hebrew Strong’s #2790, is used 73 times throughout the Old Testament. It is translated as devise (5), keep... silence (5), hold... tongue (4), cease (1), and conceal (1). Example:
Job 41:12 I will not conceal his parts, nor his power, nor his comely proportion.
Sātar, Hebrew Strong’s #5641, is used 82 times throughout the Old Testament. It is translated as hide (72), secret (4), close (2), absent (1), conceal (1), surely (1), and variant (1). Example:
Proverbs 25:2 It is the glory of God to conceal a thing: but the honour of kings is to search out a matter.
DEFINITIONS

Webster’s Dictionary of the English Language, 1828
CONCEAL, verb transitive [Latin To withhold from sight, ; G., To conceal and to heal; the primary sense is to strain, hold, stop, restrain, make fast or strong, all from the same root as the Shemitic.]
1. To keep close or secret; to forbear to disclose; to withhold from utterance or declaration; as, to conceal ones thoughts or opinions.
I have not concealed the words of the Holy One. Job 6:10.
2. To hide; to withdraw from observation; to cover or keep from sight.
What profit is it if we slay our brother and conceal his blood? Genesis 37:26.
A party of men concealed themselves behind a wall. A mask conceals the face.
Bouvier’s Dictionary of Law, 1856:
CONCEALMENT, contracts.

1. The unlawful suppression of any fact or circumstance, by one of the partis to a contract, from the other, which in justice ought to be made known. 1 Bro. Ch. R. 420; 1 Fonbl. Eq. B. 1, c. 3, §4, note (n); 1 Story, Eq. Jur. §207.

2. Fraud occurs when one person substantially misrepresents or conceals a material fact peculiarly within his own knowledge, in consequence of which a delusion exists; or uses a device naturally calculated to lull the suspicions of a careful man, and induce him to forego inquiry into a matter upon which the other party has information, although such information be not exclusively within his reach. 2 Bl. Com. 451; 3 Id. 166; Sugd. Vend. 1 to 10; 1 Com. Contr. 38; 3 B. & C. 623; 5 D. & R. 490; 2 Wheat. 183; 11 Id. 59; 1 Pet. Sup. C. R. 15, 16. The party is not bound, however, to disclose patent defects. Sugd. Vend. 2.

3. A distinction has been made between the concealment of latent defects in real and personal property. For example, the concealment by an agent that a nuisance existed in connexion with a house the owner had to hire, did not render the lease void. 6 IV. & M. 358. 1 Smith, 400. The rule with regard to personality is different. 3 Camp. 508; 3 T. R. 759.

4. In insurances, where fairness is so essential to, the contract, a concealment which is only the effect of accident, negligence, inadvertence, or mistake, if material, is equally fatal to the contract as if it were intentional and fraudulent. 1 Bl. R. 594; 3 Burr. 1909. The insured is required to disclose all the circumstances within his own knowledge only, which increase the risk. He is not, however, bound to disclose general circumstances which apply to all policies of a particular description, notwithstanding they may greatly increase the risk. Under this rule, it has been decided that a policy is void, which was obtained by the concealment by the assured of the fact that he had heard that a vessel like his was taken. 2 P. Wms. 170. And in a case where the assured had information of "a violent storm" about eleven hours after his vessel had sailed, and had stated only that "there had been blowing weather and severe storms on the coast after the vessel had sailed" but without any reference to the particular storm it was decided that this was a concealment, which vitiated the policy. 2 Caines R. 57. Vide 1 Marsh. Ins: 468; Park, Ins. 276; 14 East, R. 494; 1 John. R. 522; 2 Cowen, 56; 1 Caines, 276; 3 Wash. C. C. Rep. 138; 2 Gallis. 353; 12 John. 128.

5. Fraudulent concealment avoids the contract. See, generally, Verpl. on Contr. passim; Bouv. Inst. Index, h. t.; Marsh. Ins. B. 1, c. 9; 1 Bell's Com. B. 2, pt. 3, c. 15 s. 3, §1; 1 M. & S. 517; 2 Marsh. R. 336.
Black’s Law Dictionary, 1st Edition, 1891
CONCEAL.

To hide; secrete; withhold from the knowledge of others. The word “conceal,” according to the best lexicographers, signifies to withhold or keep secret mental facts from another‘s knowledge,
as well as to hide or secrete physical objects from sight or observation. 57 Me. 339.
CONCEALED.

The term "concealed" is not synonymous with “lying in wait." If a person conceals himself for the purpose of shooting another unawares. he is lying in wait; but a person may, while concealed,
shoot another without committing the crime of murder. 55 Cal. 207.

The term “concealed weapons” means weapons willfully or knowingly covered or kept from sight.
CONCEALMENT.

The improper suppression or disguising of a fact, circumstance, or qualification which rests within the knowledge of one only of the parties to a contract, but which ought in fairness and good faith to be communicated to the other, whereby the party so concealing draws the other into an engagement which he would not make but for his ignorance of the fact concealed.
A neglect to communicate that which a party knows, and ought to communicate, is called a "concealment." Civil Code Cal § 2561.

The terms “misrepresentation” and “concealment” have a known and definite meaning in the law of insurance. Misrepresentation is the statement of something as fact which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a tendency to mislead, such fact in either case being material to the risk. Concealment is the designed and intentional withholding of any fact material to the risk, which the assured, in honesty and good faith, ought to communicate to the underwriter; more silence on the part of the assured, especially as to some matter of fact which he does not consider it important for the underwriter to know, is not to be considered as such concealment. If the fact so untruly stated or purposely suppressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter in making the contract, or in estimating the degree and character of the risk, or in fixing the rate of the premium, it is not a “misrepresentation” or “concealment," within the clause of the conditions annexed to policies. 12 Cush. 416.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
CONCEAL

1. To hide; withdraw, remove, or shield from observation ; cover or keep from sight; secrete: as, a party of men concealed themselves behind a wall; his face was concealed by a mask.

2. To keep close or secret ; forbear to disclose or divulge; withhold from utterance or declaration: as, to conceal one's thoughts or opinions.

Black’s Law Dictionary, 2nd Edition, 1910
CONCEAL.

To hide; secrete; withhold from the knowledge of others. The word “conceal,” according to the best lexicographers, signifies to withhold or keep secret mental facts from another‘s knowledge, as well as to hide or secrete physical objects from sight or observation. Gerry v. Dunham, 57 Me. 339.

—Concealed. The term "concealed" is not synonymous with "lying in wait." If a person conceals himself for the purpose of shooting an other unawares, he is lying in wait; but a person may, while concealed, shoot another with out committing the crime of murder. People v. Miles, 55 Cal. 207. The term "concealed weapons" means weapons willfully or knowingly covered or kept from sight. Owen v. State. 31 Ala. 387.

—Concealers. In old English law. Such as find out concealed lands; that is, lands privily kept from the king by common persons having nothing to show for them. They are called "a troublesome, disturbant sort of men ; turbulent persons." Cowell.

—Concealment. The improper suppression or disguising of a fact, circumstance, or qualification which rests within the knowledge of one only of the parties to a contract, but which ought in fairness and good faith to be communicated to the other, whereby the party so concealing draws the other into an engagement which he would not make but for his ignorance of the fact concealed. A neglect to communicate that which a party knows, and ought to communicate, is called a "concealment." Civ. Code Cal. S 2501.

The terms "misrepresentation" and "concealment" have a known and definite meaning in the law of insurance. Misrepresentation is the statement of something as fact which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a tendency to mislead, such fact in either case being material to the risk. Concealment is the designed and intentional withholding of any fact material to the risk, which the assured, in honesty and good faith, ought to communicate to the underwriter; mere silence on the part of the assured, especially as to some matter of fact which he does not consider it important for the underwriter to know, is not to be considered as such concealment. If the fact so untruly stated or purposely suppressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter in making the contract, or in estimating the degree and character of the risk, or in fixing the rate of the premium, it is not a "misrepresentation" or "concealment," within the clause of the conditions annexed to policies. Daniels v. Insurance Co., 12 Cush. (Mass.) 416, 59 Am. Dec. 102.
Black’s Law Dictionary, 4th Edition, 1968
CONCEAL.

To hide; secrete; withhold from the knowledge of others; to withdraw from observation; to withhold from utterance or declaration; to cover or keep from sight. Hopper v. Hopkins, 162 Md. 448, 160 A. 166, 167.

The synonyms of conceal are "to hide; disguise, dissemble; secrete." To hide is generic; "conceal" is simply not to make known what we wish to secrete; disguise or dissemble is to conceal by assuming some false appearance; to secrete is to hide in some place of secrecy. A man may conceal facts, disguise his sentiments, dissemble his feelings, or secrete stolen goods. Darneal v. State, 14 Oki.Cr. 540, 174 P. 290, 292, 1 A.L.R. 638.

The word "conceal," according to the best lexicographers, signifies to withhold or keep secret mental facts from another's knowledge, as well as to hide or secrete physical objects from sight or observation. Gerry v. Dunham, 57 Me. 339.
CONCEALED.

Not synonymous with "lying in wait." If a person conceals himself for the purpose of shooting another unawares, he is lying in wait; but a person may, while concealed, shoot another without committing the crime of murder. People v. Miles, 55 Cal. 207.

The term "concealed weapons" means weapons willfully or knowingly covered or kept from sight. Owen v. State, 31 Ala. 387.
CONCEALERS.

In old English law. Such as find out concealed lands; that is, lands privily kept from the king by common persons having nothing to show for them. They are called "a troublesome, disturbant sort of men; turbulent persons." Cowell.
CONCEALMENT.

A withholding of something which one knows and which one, in duty, is bound to reveal. Dolcater v. Manufacturers & Traders Trust Co., D.C.N.Y., 25 F.Supp. 637, 641; Strauss
v. Dubuque Fire & Marine Ins. Co. of Dubuque, Iowa, 132 Cal.App. 283, 22 P.2d 582.

The terms "misrepresentation" and "concealment" have a known and definite meaning in the law of insurance. Misrepresentation is the statement of something as fact which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a tendency to mislead, such fact in either case being material to the risk. Concealment is the designed and intentional withholding of any fact material to the risk, which the assured, in honesty and good faith, ought to communicate to the underwriter; mere silence on the part of the assured, especially as to some matter of fact which he does not consider it important for the underwriter to know, is not to be considered as such concealment. If the fact so untruly stated or purposely suppressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter in making the contract, or in estimating the degree and character of the risk, or in fixing the rate of the premium, it is not a "misrepresentation" or "concealment," within the clause of the conditions annexed to policies. Daniels v. Insurance Co., 12 Cush. (Mass.). 416, 59 Am.Dec. 192; Sun Ins. Office, Limited, of London v. Mallick, 160 Md. 71, 153 A. 35, 43.
Ballentine’s Law Dictionary, James A. Ballentine, Third Edition, 1969
CONCEAL.

To keep facts secret or withhold them from the knowledge of another: to hide or secrete physical objects from sight or observation. Geny v Dunhami. 57 Me 334. 339. As the word appears in a statute prescribing a ground for attachment to “conceal” property is to hide it or put it where an officer of the law will be unable to find it. 6 Am J2d Attach § 236. As used in a statute against concealing stolen goods. knowing them to have been stolen. to “conceal” means to secrete with intent to deprive the owner of his property. Bailey v State. 115 Neb 77, 80. 211 NW 200. For the purposes of the Bankruptcy Act, to “conceal” means to secrete, falsify. and mutilate. Bankr Act § 1(7): 1m1 Usc § 1(7). The criminal offense of concealment of property belonging to the estate of a bankrupt is not limited to physical secretion but includes the preventing of discovery by the withholding of knowledge through refusing to divulge information as to the location of the property. 9 Am J2d Bankr § 1715. For some purposes, as in the case of executing process in a claim and delivery action. to refuse the demand of an officer holding process for the properly in suit is to “conceal” it. State v Pope. 4 wash 2d 394. 103 P2d 1089. 129 ALR 240.
See concealment: secrete: treasure trove.
CONCEALED WEAPON.

A weapon so placed that it cannot be readily seen under ordinary observation, even though not absolutely invisible to other persons. 56 Am J1st Weap § 10.

CONCEALER.

A person who was employed to discover lands which had been secretly kept from the king.
CONCEALMENT.

A suppression of or neglect to disclose facts which a person knows and which he ought to communicate: the nondisclosure of a fact which should be revealed. 37 Am J2d Fraud § 2: the designed and intentional withholding of any fact material to the risk which the insured in honesty and good faith ought to communicate to the insurer. 29 Am J Rev ed his § 689.
See conceal: concealed weapon.
Black’s Law Dictionary, 5th Edition, 1979
CONCEAL –

to hide, secrete, or withdraw from the knowledge of others. To withdraw from observation; to withhold from utterance or declaration; to cover or keep from sight, or prevent discovery of.
CONCEALMENT –

To conceal. A withholding of something which one knows and which one, in duty, is bound to reveal.
Black’s Law Dictionary, 7th Edition, 1999
CONCEALED WEAPON. See WEAPON
WEAPON. An instrument used or designed to be used to injure or kill someone.

Concealed weapon. A weapon that is carried by a person but that is not visible by ordinary observation.
CONCEALMENT

1. The act of refraining from disclosure; esp., an act by which one prevents or hinders the discovery of something.
2. The act of removing from sight or notice; hiding.
3. Insurance. The insured’s intentional withholding from the insurer material facts that increase the insurer’s risk and that in good faith ought to be disclosed.

“Concealment is an affirmative act intended to or known to be likely to keep another from learning of a fact of which he would otherwise have learned. Such affirmative action is always equivalent to a misrepresentation and has any effect that a misrepresentation wouldhave…” Restatement (Second) of Contracts § 160 cmt. A (1981)

Active concealment. The concealment by words or acts of something that one has a duty to reveal.

Fraudulent concealment. The affirmative suppression or hiding, with the intent to deceive ordefraud, of a material fact or circumstance that one is legally (or, sometimes, morally) bound to reveal.

Passive concealment. The act of maintaining silence when one has a duty to speak.
Nolo’s Plain-English Law Dictionary:
CONCEALED WEAPON

A weapon, particularly a handgun, which is kept hidden on one's person or under one's control (in a glove compartment or under a car seat). Carrying a concealed weapon is a crime unless the person with the weapon is a law enforcement officer or has a permit to carry a concealed weapon. Permits are usually issued by local law enforcement under guidelines that require the applicant to show the need for such a weapon, and require that the applicant have a record free of convictions, arrests, or improper activity.
CONCEALMENT

The act of intentionally not revealing information that should be disclosed and would otherwise affect the terms or creation of a contract. A concealment can occur through either purposeful misrepresentation or withholding of material facts.
Where the information could not have been known by the other party and it is known to be material by the concealing party, the concealment can give grounds for nullifying the contract.
FRAUDULENT CONCEALMENT

Under contract law, a plaintiff can recover from a defendant on the grounds of fraudulent concealment where the defendant (1) concealed or suppressed a material fact; (2) had knowledge of this material fact; (3) that this material fact was not within reasonably diligent attention, observation, and judgment of the plaintiff; (4) that the defendant suppressed or concealed this fact with the intention that the plaintiff be misled as to the true condition of the property; (5) that the plaintiff was reasonably so misled; and (6) that the plaintiff suffered damage as a result.
MISCELLANEOUS CITATIONS

The term of art “conceal” as applicable in USC and court cases can be searched HERE.

QUOTATIONS

Dwight D. Eisenhower:
Don’t join the book burners. Don’t think you are going to conceal faults by concealing evidence that they ever existed.
Adam Weishaupt:
Of all the means I know to lead men, the most effectual is a concealed mystery. The hankering of the mind is irresistible.
The great strength of our Order lies in its concealment; let it never appear in any place in its own name, but always concealed by another name, and another occupation. None is fitter than the lower degrees of Freemasonry; the public is accustomed to it, expects little from it, and therefore takes little notice of it. Next to this, the form of a learned or literary society is best suited to our purpose, and had Freemasonry not existed, this cover would have been employed; and it may be much more than a cover, it may be a powerful engine in our hands. … A Literary Society is the most proper form for the introduction of our Order into any state where we are yet strangers.
Patrick Henry:
The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.
François Duc de La Rochefoucauld:
Most of our faults are more pardonable than the means we use to conceal them.
John R. Lott, Jr.:
If the rest of the country had adopted right-to-carry concealed-handgun provisions in 1992, about 1,500 murders and 4,000 rapes would have been avoided.
John Osborne:
Censorship is the commonest social blasphemy because it is mostly concealed, built into us by indolence, self-interest and cowardice.
John Maynard Keynes:
If, however, a government refrains from regulations and allows matters to take their course, essential commodities soon attain a level of price out of the reach of all but the rich, the worthlessness of the money becomes apparent, and the fraud upon the public can be concealed no longer.
Horace Greeley:
We have stricken the shackles from 4,000,000 human beings and brought all labourers to a common level, but not so much by the elevation of former slaves as by reducing the whole working population, white and black, to a condition of serfdom. While boasting of our noble deeds, we are careful to conceal the ugly fact that by our iniquitous money system we have manipulated a system of oppression which, though more refined, is no less cruel than the old system of chattel slavery.
While boasting of our noble deeds we're careful to conceal the ugly fact that by an iniquitous money system we have nationalized a system of oppression which, though more refined, is not less cruel than the old system of chattel slavery.
Thomas I. Emerson:
Suppression of expression conceals the real problems confronting a society and diverts public attention from the critical issues. It is likely to result in neglect of the grievances which are the actual basis of the unrest, and this prevent their correction.
Albert Einstein:
By academic freedom I understand the right to search for truth and to publish and teach what one holds to be true. This right implies also a duty; one must not conceal any part of what one has recognized to be true.
Louis McFadden:
Some people think the Federal Reserve Banks are US government institutions. They are not... they are private credit monopolies which prey upon the people of the US for the benefit of themselves and their foreign and domestic swindlers, and rich and predatory money lenders. The sack of the United States by the Fed is the greatest crime in history. Every effort has been made by the Fed to conceal its powers, but the truth is the Fed has usurped the government. It controls everything here and it controls all our foreign relations. It makes and breaks governments at will.
John F. Kennedy:
There is little value in insuring the survival of our nation if our traditions do not survive with it. And there is very grave danger that an announced need for increased security will be seized upon by those anxious to expand its meaning to the very limits of official censorship and concealment.
John C. Lenzen:
In a world in which violent criminals are frequently armed with various deadly weapons, a public policy limiting the amount of force that may be exerted by an innocent victim in response to life-threatening aggression is puzzling. It is a curious law indeed which posits a society in which only criminals possess the means to kill. Where a violent criminal possesses a firearm, any attempt by his victim to defend himself or herself by inducing “temporary discomfort” in the criminal would likely result in serious injury to the victim or others, no matter what the extent of the defensive opportunity. One is not generally prevented from pulling the trigger of a gun because one is temporarily uncomfortable. This is especially so if the criminal is intent on hurting people. In such a situation, the only viable response by the victim entails the use of deadly force. ... It is perfectly rational for a victim who realizes that a criminal is going to attempt to kill him or her to resist that attempt with any amount of force available. It is, however, often safer, more effective, and perfectly legal to use deadly force instead.
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