Law Dictionary

In French law, permanent and fixed residence in France of an alien who has not acquired French citizenship nor taken steps to do so, but who intends to make his home permanently or

A capture by a de facto government, which government is defined to be one in possession of the supreme or sovereign power, but without right—a government by usurpation, founded per

there is another description of government, called also by publicists a government de facto, but which might, perhaps, be more aptly denominated a government of paramount force. It

under the law of Pennsylvania, the transfer in question constituted a de facto merger, even though the transfer did not comply with all the provisions of the Act of 1874, and that,

In the absence of a law authorizing the creation of a municipality de jure there can be none de facto.

A de facto officer may be defined as one whose title is not good in law, but who is in fact in the unobstructed possession of an office and discharging its duties in full view of t

De/ere. L. Fr. To undo; to reverse or set aside; to defeat; [Lat. infectum reddere.'] Kelham.

In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend.

Fr. Of, or in fact; by wrong, as distinguished from de droit, of or by right. Britt. c. 107. See De facto.

1. 1, Defalcation. In old ment

even innocent acts of failure to fully account for money received in trust" (internal quotation marks and brackets omitted)), with " In re Uwimana, " 274 F.3d 806 , 811 (C.A.4 2001

To set off one claim against another; to deduct a debt due to one from a debt which one owes. Johnson v. Signal Co.., 57 N. J. Eq. 79, 4f> Atl. 193 ; Pepper v. Warren, 2 Marv. (Del

Writ of falsa judgment. Reg.. Orig. 15; Fitzh. Nat. Brev. 18. See False Judgment.

Of false money. The title of St. 27 Edw. I., ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everjrthin

Default.

The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputatio

Lat. A defamer. Famosus defamaior; a libeller. 5 Co. 126.

Slanderous; libelous.

One who has committed defamation.

L. Fr. Ihfamous. Britt. C. 15

The term “default” means a failure to comply with the terms of a loan or other obligation to such an extent that the property securing the obligation is foreclosed upon. / The term

The term “default aversion activities” means activities of a guaranty agency that are directly related to providing collection assistance to the lender on a delinquent loan, prior

The term “default collection activities” means activities of a guaranty agency that are directly related to the collection of the loan on which a default claim has been paid to the

The term “defaulted loan” means a loan that is guaranteed under this chapter, that was made for a purpose described in section 3710(a) of this title , and that is in default.

The term “defaulted principal amount outstanding” means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount re

One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money.

commitment for failure to pay has not been viewed as a part of the punishment or as an increase in the penalty; rather, it has been viewed as a means of enabling the court to enfor

The proceeding here taken may therefore find its sanction in the undoubted right of the lawmaking power to create a presumption of fact as to the bad faith and untruth of an answer

Failure to have living children or descendants at a given time or fixed point George v. Morgan, 16 Pa. 106.

The term “default reduction activities” means activities to reduce student loan defaults that improve, strengthen, and expand default prevention activities, such as— (i) establishi

it is a settled rule, which has been repeatedly recognised by this court, that where no other figure is called for in an entry, it is to be surveyed in a square, coincident with th

Defaut. L. Fr. Default. Si ilface defaute, si soit il et ses plegges de suer, en la mercy; if he make default, he and his pledges to prosecute shall be in mercy. Britt. c. 46.

(Fr. defaire, to defeat). An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a condition, and that which is i

An estate is defeasible when subject to be defeated by the operation of a condition subsequent, or conditional limitation.

An estate in fee but which is liable to be defeated by some future contingency; e. g., a vested remainder which might be defeated by the death of the remainderman before the time f

liable to be annulled or made void, but not one that is already void or an absolute nullity. Elder v. Schumacher, 18 Colo. 433, 33 Pac. 175. Defined under Defeasible in Black's Law

To prevent, frustrate or circumvent ; as in the phrase "hinder, delay or defeat creditors." Co.leman v. Walker, 3 Mete, (Ky.) 65, 77 Am. Dec. 163; Walker v. Sayers, 5 Bush (Ky.) 58

that, within the bounds of the rational, Congress, not the courts, must remain primarily responsible for striking the appropriate state/federal balance.

Lacking in seme particular which is essential to the completeness, legal sufficiency or security of the object spoken of; as, a "defective" highway or bridge, (Munson v. Derby, 37

where the plaintiff has stated his title or ground of action defectively or inaccurately,—because, to entitle him to recover, all circumstances necessary in form or substance to co

Failure of the blood, i. e., failure or want of issue.

An imperfection in the style, manner, arrangement, or non-essential parts of a legal instrument, plea, indictment, etc., as distinguished from a "defect of substance." See infra.

In pleading and practice. Insufficiency of the parties before a court in any given proceeding to give it jurisdiction and authority to decide the controversy, arising from the omis

An imperfection in the body or substantive part of a legal instrument, plea, indictment, etc., consisting in the omission of something which is essential to be set forth. State v.

See "Propter Defectum."

A defect; an insufficiency.

Failure of issue.

defense at trial, not defense in relation to other objectives that may be important to the accused.

defense, I. fr. In old English refusal; a state of severalty, or of a state of enclosui-e. v. Defensum;

in modern practice, includes all the proceedings on the part of a defendant to embarrass, delay, or defeat a plaintiff's action. In a stricter sense, defence is used to denote the

To deny.

In modem practice. To oppose or resist a claim at law; to contest d suit.

[L. Fr. defendre, defender.] In old statutes and treatises. To prohibit or forbid. LL. Edw. Conf. c. 37. Stat. Westm. 1, c. 1, 6. Stat. 5 Ric. II. c. 7. "It is defended [forbidden]

I fr. In old English law. delivered; a writing sealed conveyance of land. Deed inmany as there are parties, sepindented lina v. Indenture. part, — by one party only, and declare ns

The term “defendant” includes a State or local government.

The distinctive term appropriate to the party against whom a writ of error is sued out.

To answer for; to be responsible for. Medley. DEFENDEMUS (Lat. we will defend). A word anciently used in feoffments or gifts, whereby the donor and his heirs were bound to defend t

Fr. In old practice. Defending; a defending party; the party against whom an action, whether civil or criminal, was instituted. The party accused in the old criminal proceeding by

Defender. L.Fr. To defend or protect. Garraunter, acquiter et defendre son tenaunt; to warrant, acquit and defend his tenant. Britt, c. 68. See Id. c. 76. M quant al defense, se pu

We will defend.

See Se defendendo .

In French Law. To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect. In Scotch and Canon Law. A defendant.

defendre, I fr. In old English law. To deny; to prohibit or forbid; to prevent; to defend or offer to defend.

To wage law; a denial of an accusation upon eath. See Wa GhR oF Law,

To deny.

Lat. In old statutes. To appropriate to one's exclusive use; to fence in or enclose; to fence out or exclude others. Nullae ripariae defendantur de cetero nisi illa quae fuerunt in

To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III., § 46. See "Battel."

To wage his law.

To wage law; a denial of an accusation upon oath. 3 Bl. Comm. 341; 3 Steph. Comm. 424.

A peculiar title belonging to the sovereign of England, as that of "Catholic" to the king of ly given by the popes of Rome; and that of Defensor Fidei was first conferred by Pope L

He defends the force and injury. Fleta, lib. 5, c. 39, § 1. DE FEN DOUR (Law F^. a defender or defendant). The party accused in an appeal. Britt. c. 22.

A defender.

To deny.

A female defender.

The act of lending money on usury.

A park or place fenced in for deer, and defended as a property, and peculiar for that use and service. Cowell.

Fr. In old pleading. Expressive of defence; in form of defence. Se defendent par motz defensables; defend themselves by words of defence. Britt, c. 69.

an argument in response to the prosecution's case-in-chief, there is a perceptible symmetry between documents "material to the preparation of the defendant's defense," and, in the

The term “defense access road” means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23 .

In this section, the term “defense acquisition authority” means the Secretary of a military department or the commander of the United States Special Operations Command. / In this s

In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the

The term “Defense Agency” means an organizational entity of the Department of Defense— (A) that is established by the Secretary of Defense under section 191 of this title (or under

In French and Canadian law. A demurrer.

The term “defense article” has the meaning given such term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)). / The terms “defense article”, “defense services”, a

In this section, the terms “defense articles”, “defense services”, and “military education and training” have the meaning given such terms in section 644 of the Foreign Assistance

“defense articles and defense services” means, with respect to commercial exports subject to the provisions of section 2778 of this title , those items designated by the President

As used in subparagraphs (B), (C), (D), and (F), the term "defense articles or services" means articles, services, and related technical data that are designated as defen

Defense Audit Agency Defined.—In this section, the term "defense audit agency" means the Defense Contract Audit Agency and the Defense Contract Management Agency. / Defen

A demurrer.

The general issue. 3 Low. (U. S.) 421.

In this section, the term “defense authorization Act” means an Act that authorizes appropriations for one or more fiscal years for military activities of the Department of Defense,

The term “defense budget” means the budget of the Department of Defense included in the President's budget submitted to Congress under section 1105 of title 31 for a fiscal year. /

The terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title . / The term "defense budget materials" has the meaning

In this section, the terms “defense business system” and “defense business system modernization” have the meanings given such terms in section 2222 1 of this title. / The term “def

In this section, the terms “defense business system” and “defense business system modernization” have the meanings given such terms in section 2222 1 of this title.

In this section, the term “defense committees” means— (1) the Committee on Armed Services and the Committee on Appropriations, and the Defense Subcommittee of the Committee on Appr

any contract, subcontract, or order placed in furtherance of the defense or war effort: "And provided further, "That the inspection and audit authorized herein, and the determinati

The term “defense contractor” means a person that provides services, supplies, or both (including construction) to the Department of Defense under a contract directly with the Depa

The term "defense critical electric infrastructure" means any electric infrastructure located in any of the 48 contiguous States or the District of Columbia that serves a

In this section, the term “defense critical technology” means a technology that is identified under section 4816 of this title as critical for attaining the national security objec