Black's Law Dictionary

In old English criminal law, this letter was branded upon felons upon their being admitted to clergy; as also upon those convicted of fights or frays or falsity. Jacob; Cowell ; 2

In old English law. The making or coining of money.

Lat. To make. Used in old English law of a lawful coining, and also of an unlawful making or counterfeiting of coin. See 1 Salk. 342.

To fabricate evidence is to arrange or manufacture circumstances or indicia, after the fact committed, with the purpose of using them as evidence, and of deceitfully making them ap

Evidence manufactured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. See supra.

In the law of evidence. A fact existing only in statement, without any foundation in truth. An acfual or genuine fact to which a false appearance has been designedly given; a physi

In English law. Lands given towards the maintenance, re-building or repairing of cathedral and other churches. Cowell; Blount.

In old European law. A contract or formal agreement; but particularly used in the Lombardlc and Visigothic laws to denote a marriage contract or a will.

The face of an instrument is that which is shown by the mere language employed, without any explanation, modification or addition from extrinsic facts or evidence. Thus, lf the exp

lat. To do; to make. Thus, facere defaltam, to make default; facere duellum, to make the duel, or make or do battle; facere finem, to make or pay a fine; facere legem, to make one'

That you cause. Occurring in the phrases "scire facias," (that you cause to know,) "fieri facias," (that you cause to be made,) etc.

In doing or paying; in some activity.

Lat The face or countenance; the exterior appearance or view; hence, contemplation or study of a thing on its external or apparent side. Thus, prima facie means at the first inspec

In Scotch law. Easily persuaded; easily imposed upon. Bell.

This name was formerly given to certain notes of some of the banks in the state of Connecticut, which were made payable in two ycars after the close of the war of 1812. Springfield

In Scotch law. Pliancy of disposition. Bell.

Gulit makes equal those whom it stains.

(Lat. I do that you may give.) A species of contract in the civil law (being one of the innominate contracts) which occurs when a man agrees to perform anything for a price either

(Lat. I do that you may do.) A species of contract in tha civil law (being one of the innominate contracts) which occurs when I agree with a man to do his work for him if he will d

An exact copy, preserving all the marks of the original

In England, where the construction of a will may be affected by the appearance of the original paper, the court will order the probate to pass in fac simile, as it may possibly hel

A thing done; an action performed or an Incident transpiring; an event or circumstance; an actual occurrence. In the earlier days of the law "fact" was used almost exclusively in t

In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, Jousts or tournaments. Cowell.

Deeds are more powerful than words.

12 Coke, 124. Deeds contain many things which are prohibited to be done.

In the civil law. The right, power or capacity of making a will; called "factio activa." Inst. 2, 10, 6. The right or capacity of taking by will; called "factio passiva." Inst. 2,

In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything su-peradded or any proceeding upon it to give it effect 3 Kent

1. A commercial agent, employed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrust

The allowance or commission paid to a factor by his principal. Winne v. Hammond. 37 111. 103; Slate v. Thompson, 12 Mo. 12, 25 S. W. 346.

In American law. A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the practice in Vermont and Connecticut. Otherwise terme

Th name given to several English statutes (6 Gen. IV. c. 94; 5 & 6 Viet c. 39; 40 & 41 Viet, c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any part

In English law. The term Includes ali buildings and premises wherein or within the close or curtilage of which, steam, water or any mechanical power ls used to move or work any mac

The prices at which goods may be bought at the factories, as distinguished from the prices of goods bought in the market after they have passed into the hands of third persons or s

Facta et casus, facts and cases. Bract fol. lb.

18 How. State Tr. 1187; 17 How. State Tr. 1430.

Those matters of fact on which the plaintiff proceeds by his action and which the defendant controverts in his pleadings. Glenn v. Savage, 14 Or. 567, 13 Pac. 442 King v. Chase, 15

Lat In old English law. A deed; a person's act and deed; anything stated or made certuin ; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in

An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76.

Dig. 50, 17, 155. A party's own act should prejudice himself, not his adversary.

A thing done cannot be undone. 1 Kames, Eq. 96, 259.

A juridical fact. Denotes one of the factors or elements constituting an obligation.

Cod. 4, 19, 23. There is no proof incumbent npon him who denies a fact

5 Coke, 96. That is not called a "deed" which does not continue operative.

Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence is to be directed. 1 Greenl. Ev. § 13.

A probative or evidentiary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence.

Co. Litt. 152. The deed of one should not hurt another.

The power of proofs [right of offering or giving testimony] is not to be narrowed. 4 Inst 279.

In the law of divorce. The capability of the husband to render a support to the wife in the form of alimony, whether temporary or permanent, including not only his tangible propert

In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indulgence to do that which 'by law he may not do; e. g., to marry without

The corps of professors, instructors, tutors, and lecturers. To be distinguished from the board of trustees, who constitute the corporation.

The college or society of advocates in Scotland.

In old English law. A marriage gift coming from the father or brother of the bride.

A badge worn in popish times by persons who had recanted and abjured what was then adjudged to be heresy, as an emblem of what they had merited. Cowell.

A faggot vote is where a man is formally possessed of a right to vote for members of parliament, without possessing the substance which the vote should represent; as if he is enabl

1. The difference between "full" and "refuse" is that the latter involves an act of the will, while the former may be an act of inevitable necessity. Taylor v. Mason, 9 Wheat. 344,

A person (or a corporation or instifution) is snid to be in failing circumstances when he is about to fail, that is, when he is actually insolvent and is acting in contemplation of

When an action is brought agninst a person who alleges in his plea matter of record in bar of the action, and avers to prove it by the reconi, but the plaintiff saith nul tiel reco

In French law. Bankruptcy; failure; the situation of a debtor who finds himself unable to fulfill his engagements. Code de Com. arts. 442, 580; Civil Code La. art. 3522.

In a general sense, deficiency, want or lack; ineffectualness; inefficiency as measured by some legal standard; an unsuccessful attempt. White v. Pettljohn, 23 N. C. 55; State v. B

As applied to notes, contracts, conveyances, etc., this term does not mean a want of consideration, but implies that a consideration, originally existing and good, has since become

Judicially speaking, a total "fnilure of evidence" means not only the utter absence of ali evidence, but it also means a failure to offer proof, either positive or inferential, to

The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by

The defeat of a particular right, or the failure of reparation for a particular wrong, from the lack of a legal remedy for the enforcement of the one or the redress of the other.

Failure of the defendant to produce a reconi which he has alleged and relied on in his plea.

The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted to sell.

The lapsing or non-efficiency of a proposed trust, by reason of the defect or insufficiency of the deed or instrument creating it, or on account of illegality, indefiniteness, or o

In old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true; a false action was properly where th

A fraudulent, false or collusive manner of pleading to the deception of a third person.

adj. Just; equitable; even-handed ; equal, as between conflicting interests. —Fair abridgment. In copyright law. An abridgment consisting not merely in the arrangement of excerpts,

In copyright law. An abridgment consisting not merely in the arrangement of excerpts, but one involving reni and substantial condensation of the materials by the exercise of intell

In bankruptcy law. One which is honest or free from suspicion, or one actually valuable, but not necessarily adequate or a full equivalent. Myers v. Fultz, 124 Iowa, 437, 100 N. W.

Justly; rightly; equitably. With substantial correctness. "Fairly" is not synonymous with "truly," and "truly" should not be substituted for it in a commissioner's oath to take tes

A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77; 2 Smith, Laws Pa. 195.

See Beau-pleader.

In the law of evidence. Such a superiority of the evidence on one side that the fact of its outweighing the evidence on the other side can be perceived if the whole evidence is fai

In foreclosure and other judicial proceedings, this means a sale conducted with fairness and impartiality as respecte the rights and interests of the parties affected. La-lor v. Mc

One conducted according to due course of law; a trini before a competent and impartial jury. Railroad Co. v. Cook, 37 Neb. 435, 55 N. W. 948; Railroad Co. v. Gardner, 19 Minn. 136

L. Fr. Anything done. A deed; act; fact. , A deed lawfully executed. Com. Dig.

A deed enrolled, as a bargain and sale of freeholds. 1 Keb. 568.

1. Confidence; credit; reliance. Thus, an act may be said to be done "on the faith" of certain representations. 2. Belief; credence; trust. Thus, the constitution provides that "fu

As used in bonds of publlc and private officers, this term imports not only honesty, but also a punctilious discharge of nil the duties of the office, requiring competence, diligen

In French law. A Juridical fact. One of the factors or elements constitutive of an obligation.

Idle persons; Idle livers; vagabonds. Cowell; Blount.

A street peddler who disposes of worthless wares or of any goods above their value, by means of any false representation. trick, device, lottery or game of chance. Milis' Ann. St.

In old English law. A Jacket or close coat Blount.

In old English law. To mow. Falcare prata, to mow or cut grass in meadows laid in for hay. A customary service to the lord by his inferior tenants. Jus falcandi, the right of cutti

In Spanish law. The Fal-cidian portion; the portion of an Inheritance which could not be legally bequeathed away from the heir, viz., one-fourth.

In Roman law. A law on the subject of testamentary disposition, enacted by the people in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testato

That portion of a testator's estate which, by the Falcldian law, was required to be left to the heir, amounting to at least one-fourth.

In Saxon law. Malice; open and deadly hostility; deadly feud. The word designated the enmity between the family of a murdered man and that of his murderer, which was recognized, am

The privilege which anciently several lords reserved to themselves of setting up follis for sheep in any fields within their manors, the better to manure them, and this not only wi

In old English law. A flock or fold of sheep. Cowell.

In old English law. A fold-course; the course (going or taking about) of a fold. Spelman. A sheep walk, or feed for sheep. 2 Vent. 139

Sax. A fee or rent paia Dy a tenant to his lord for leave to fold his sheep on his own ground. Blount.

In ecclesiastical law. The bishop's scat or throne within the chancel. tlon of a person or thing in a written instrument Inst. 2, 20, 30.

A sheep-fold. CowelL

Sav. The llberty or privilege of foldage.

A place at the south side of the alter at which the sovereign kneels at his coronation. Wharton.

In Saxon law. A person of age that he may be reckoned of some decennary. Du Fresno

In old English law. The tackle and furniture of a cart or wain. Blount