The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 11,589 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
- Fautordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In Spanish law. Accomplice; the person who aids or assists another in the commission of a crime.
- Fauxdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In French law. A falsification or fraudulent alteration or suppression cf a thing by words, by writings, or by acts without either. Biret, Vocab. Toullier says (tom. 9, note 188):
- Favordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
Bias; partiality; lenity; prejudice. The grand jury are sworn to inquire into all offenses which have been committed, and into all violations of law, without fear, favor, or affect
dos, vita, tibertas. The treasury, dower, life, and liberty are things favored in law. Jenk. Cent. Cas. 94. FAVORABILIORES REI POTIUS GUAM actores habentur. Defendants are rather t
Faithful. Britt. fol. 1.
A right in Scotland,
- Fealtydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
That fidelity which every man who holds lands of another owes to him of whom he holds. Under the feudal system, every owner of lands held them of some superior lord, from whom or f
In criminal law. Dread; consciousness of approaching danger. To constitute rape, the fear must be of death or great bodily harm. 39 Fla. 155; 45 Conn. 263; 139 Ind. 531. Fear is an
- Feasancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A doing; the doing of an act. A making; the making of an indenture, release, or obligation. Litt. § 371; Dyer, (Fr. Ed.) 56b. The making of a statute. Keilw. lb.
Doing or making. FEASOR (Lat.) Doer; maker. Feasors del estatute, makers of the statute. Dyer, 3b.
Certain established periods in the Christian church. Formerly the days of the feasts of saints were used to indicate the dates of instruments and memorable events. 8 Tou Uier, Dr.
- Fecialesdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Amongst the ancient Romans, that order of priests who discharged the duties of ambassadors. Subsequently their duties appear to have related more particularly to the declaring war
- Fecial Lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The law relating to declarations of war and treaties of peace among the Romans. So called from the feciales (q. v.), who were charged with its execution. 1 Kent, Comm. 6. See "Jus
- Federaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A term commonly used to express a league or compact between two or more states. In the United States, the central government of the Union is federal. The constitution was adopted "
- Feedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
A reward or wages given to one for the execution of his office, or for professional services, as those of a counsellor or physician. Cowell. Fees differ from costs in this, that th
An estate where lands are given to a man and his wife, and the heirs of their bodies.
The rent reserved on granting a fee-farm. It might be one-fourth the value of the land, according to Cowell; one-third, according to other authors. Spelman; Termes de la Ley. FEGAN
- Fee Farmdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Land held of another in fee; that is, in perpetuity by the tenant and his heirs at a yearly rent, without fealty, homage, or other services than such as are specially comprised in
- Feigned Actiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In practice. An action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose.^ In a feigned action, the words of the writ are true.
- Feigned Issuedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. An issue brought by consent of the parties, or by the direction of a court of equity, or of such courts as possess equitable powers, to determine before a jury some di
See "Feal." FELIX QUI POTUIT RERUM C0GN08cere causas. Happy is he who has been able to understand the causes of things. Co. Litt. 231.
A coheir; a partner of the same inheritance.
- Fellow Servantsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Certain servants of a common master, for injuries to one of whom by the negligence of another the master was not liable if he had exercised due care in the selection of the servant
EX VI TERMINI, SIGNIFICAT quodlibet capitate crimen felleo animo perpetratum. Felony, by force of the term, signifies some capital crime perpetrated with a malignant mind. Co. Litt
- Felonious Homicidedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The killing of a human creature, of my age or sex, without justification or excuse. It may include killing one's self, as well as any other person. 4 Sharswood, Bl. Comm. 188. See
- Feloniouslydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In pleading. This is a technical word which must be introduced into every indictment for a felony, charging the offense to have been committed feloniously. No other word nor any ci
- Felonydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
At Common Law. An offense which occasions a total forfeiture of either lands or goods, or both, to which capital or other punishment may be superadded, according to the degree of g
- Femedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
Or FEMME. A woman.
- Feme Covertdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A married woman.
- Feme Sole Traderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
In English law. A married woman, who, by the custom of London, trades on her own account, independently of her husband; so called because, with respect to her trading, she is the s
The killing of a woman. Wharton.
Of or belonging to females. When the feminine is used, it is generally confined to females; as, if a man bequeathed all his mares to his son, his horses would not pass. See 3 Brev.
- Fenatiodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
or FEONATIO. In forest law. The fawning of deer; the fawning season. Spelman.
- Fencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A structure or erection between two contiguous estates, so as to divide them, or on the same estate, so as to divide one part from another. In Scotch Law. To hedge in or protect by
A month in which it is forbidden to hunt in the forest. It begins fifteen days before midsummer, and ends fifteen days after. Manw. For. Laws, c. 23. There were also fence months f
Usuary; the gain of interest; the practice of increasing money by lending. FENGELD (Saxon). A tribute exacted for repelling enemies. Spelman.
- Feoddefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Said to be compounded of the two Saxon words feoh (stipend) and odh (property); by others, to be composed of feoh (stipend) and hod (condition). 2 Bl. Comm 45; Spelman. See "Fee."
- Feodaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Belonging to a fee or feud; feudal. More commonly used by the old writers than "feudal."
- Feodal Actionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
Real actions. 3 Sharswood, Bl. Comm. 117.
- Feodalitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Fealty.
- Feodarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Burrill (1850)
An officer in the court of wards, appointed by the master of that court, by virtue of St. 82 Hen. VIII. c. 46 to be present with the escheator at the finding offices, and to give i
- Feodatorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
or FEUDATORY. The tenant who held his estate by feuiial service. Termes de la Ley. FEODI FIRMA (Law Lat.) Fee farm (?• V.)
The lessee of a fee farm.
- Feodumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
The form in use by the old English law writers instead of feudum, and having the same meaning. Feudwn is used generally by the more modern writers and by the feudal law writers. Li
An inherited feud, as distinguished from feodum, novum, a feud acquired by the tenant. FEODUM EST QUOD QUIS TENET EX quacunque causa; sive sit tenementum sive reddit^s. A fee is th
A fief for which the tenant did guard and owed homage. Spelman.
See "Feodum Antiquum.!' FEODUM SIMPLEX QUIA FEODUM idem est quod haereditas, et simplex idem est quod legitimum vel purum; et sic feodum simplex Idem est quod haereditas legitlma v
i. e., HAEREDItas In quandam certitudinem llmitata. Fee tail, i. e., an inheritance limited in a definite descent. Litt. § 13.
- Feoffamentumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A feoffment. 2 Bl. Comm. 310.
- Feoffaredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To bestow a fee. 1 Reeve, Hist. Eng. Law, 91.
- Feoffatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In old English law. A feoflfer; one who gives or bestows a fee; one who makes a feoffment. Bracton, • f ols. 12b, 81.
- Feoffeedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
He to whom a fee is conveyed. Litt. § Ij 2 Bl. Comm. 20.
- Feoffee To Usesdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A person to whom land was conveyed for the use of a third party. One holding the same position with swers to the haeres fiduciarius of the Roman law.
- Feoffmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A gift of any corporeal hereditaments to another. It operates by transmutation of possession, and it is essential to its completion that the seisin be passed. Watk. Conv. 183. The
- Feoffordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
He who makes a feoffment. 2 Bl. Comm. 20; Litt. § 1. FEOH (Saxon). A reward; wages; a fee. The word was in common use in these senses. Spelman, Feuds.
- Feormedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
or FEARME (Saxon; Law Lat. firma). Food, provisions. Spelman, voc. "Firma." An entertainment or feast. Id. Herod gegearwode mycle feorme, Herod made a great feast. Sax. Evang. St.
Wild beasts. FERAE NATURAE (Lat. of a wild nature; untamed). A term used to designate animals not usually tamed, or not regarded as reclaimed, so as to become the subjects of prope
A summons to serve in the army. FERIA (Lat.) In old English law. A week day;' a holiday; a day on which process may not be served; a fair; a ferry. Du Cange; Spelman; Cowell; 4 Ree
Originally and properly days free from labor and pleading. In St. 27 Hen. VI. c. 5, working days. Cowell.
A wound. FERME (Saxon). A farm; a rent; a lease; a house or land, or both, taken by indenture or lease. Plowd. 195; Vicat; Cowell. See "Farm."
or FERMOR. A lessee; a farmer; one who holds a term, whether of lands or an incorporeal right, such as customs or revenue.
A place in monasteries where the poor were fed. Spelman. FERRi (Lat.) In the civil law. To be torne (on the person). Distinguished from portari, to be carried (on an animal). Dig.
The toll or price paid for the transportation of persons and property across a ferry.
- Ferrydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A liberty to have a boat upon a river for the transportation of men, horses, and carriages, with their contents, for a reasonable toll. 42 Me. 9; 3 Zab. (N. J.) 206; Woolr. Ways, 2
One employed in taking persons across a river or other stream, in boats or other contrivances, at a ferry. 3 Ala. 160; 8 Dana (Ky.) 158. FESTINATIO JUSTITIAE EST NOVERca infortunii
A bondsman; a surety; a pledge; a frank pledge. It was one privilege of monasteries that they should be free from festing men, which Cowell explains to mean not to be bound for any
Earnest given to servants when hired or retained. The same as "arles penny." Cowell. FESTINUM REMEDIUM (Lat. a speedy remedy). A term applied to those cases where the remedy for th
A sort of iron put on the leg
- Feudefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
In Scotch law. A holding or tenure where the vassal in place of military service makes his return in grain or money. Distinguished from "wardholding," which is the military tenure
- Feu Annualsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
In Scotch law. The reddendo, or annual return from the vassal to a superior in a feu holding. Wharton. FEU ET LIEU (Pr.) In old French and Canadian law. Hearth and home. A term imp
In Scotch law. The tenant of a feu; a feu vassal. Bell, Diet.
- Feuddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
Land held of a superior on condition of rendering him services. 2 Bl. Comm. 106. A hereditary right to use lands, rendering services therefor to the lord, while the property in the
- Feudal Actionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Real actions. 3 Bl. Comm. 117.
The feudal system.
To reduce to a feudal tenure; to conform to feudalism. Webster.
or FEODAL LAW. A system of tenures of real property which prevailed in the countries of western Europe during the middle ages, arising from the peculiar political condition of thos
The tenures of land under the feudal system.
A feud; a feudal tenant.
See "Feodatory."
A recompense for engaging in a feud, and the damages consequent, it having been the custom in ancient times for all the kindred to engage in their kinsman's quarrel. Jacob.
or DEADLY FEUDE. A German Word, signifying implacable hatred, not to be satisfied but with the death of the enemy. Such was that among the people in Scotland and in the northern pa
A writer on feuds, as Cujacius, Spelman, etc.
- Feudumdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A feud, fief, or fee. A right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military duty, and other s
A fee descended from the tenant's ancestors. 2 Bl. Comm. 212. One which had been possessed by the relations of the tenant for four generations. Spelman.
A fee which the lord might enter upon and resume either through failure of issue of the tenant, or any crime or legal cause on his part. Spelman; 2 Bl. Comm. 245.
A free feud. One which was noble and free from talliage and other subsidies to which the plebeia feuda (vulgar feuds) were subject. Spelman.
A fee held on the military service of appearing fully armed at the ban and wrriere ban. Spelman.
A fee which could descend to the eldest son alone. 2 Bl. Comm. 215.
A liege fee. One where the tenant owed fealty to his lord against all other persons. Spelman; 1 Bl. Comm. 367.
A fee descending from the mother's side. 2 Bl. Comm. 212.
A fee for which the tenant did guard and owed fealty and homage. Spelman.
One which began with the person of the feudatory, and did not come to him by descent.
A new fee held with the qualities and incidents of an ancient one. 2 Bl. Comm. 212.
A fee which the paternal ancestors had held for four generations. Calv. Lex.; Spelman. One descendible to heirs on the paternal side only. 2 Bl. Comm. 223. One which might be held
A genuine original feud or fee, of a military nature, in the hands of a military person. 2 Sharswood, Bl. Comm. 67.
A restricted fee; Real Prop. 66; Spelman. See, generally, Le Grand Coutumier; Spelman, Feuds; Du Cange; Calv. Lex.; Dalr. Feud. Prop.;,Poth. des Fiefs; Merlin, Repert. "Feodalite."
A holding by tenure of rendering grain or money in place of military service. Bell, Diet.
- Fiardefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Burrill (1850)
In Scotch law. One whose property is charged with a life rent.
The value of grain in the different counties of Scotland, fixed yearly by the respective sheriffs, in the month of February, with the assistance of juries. These regulate the price
- Fiatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
An order of a judge or of an officer whose authority, to be signified by his signature, is necessary to authenticate the particular acts. A short order or warrant of the judge, com