Law Dictionary

the substance of a federal habeas corpus claim must first be presented to the state courts

Where the property has no market value, its fair value on the critical date is not necessarily what might then have been realized upon it by a forced liquidation by accepting the u

The term 'fair' hardly adds anything to the phrase 'market value', which denotes what 'it fairly may be believed that a purchaser in fair market conditions would have given', or, m

The term "fair market value of the improvements" means the value of improvements determined by the Secretary of Defense on the basis of their highest use.

There is a twofold duty laid down by the FCC's decisions: the broadcaster must give adequate coverage to public issues, and coverage must be fair in that it accurately reflects the

To avoid the constitutional vice of vagueness, it is necessary, at a minimum, that a statute give fair notice that certain conduct is proscribed.

only by granting its customers a fair opportunity to choose between higher or lower liability by paying a correspondingly greater or lesser charge can a carrier lawfully limit reco

A local Irregular tribunal which existed in Pennsylvania about the year 1769. Lycoming creek and Pine creek, in which the proprietaries prohibited the making of surveys, as it was

The name of a writ given by the statute of Marlebridge, 52 Hen. III. c. 11. See "Beaupleader,"

Not pleading fairly or properly; bad pleading.

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

A fair résumé is one which will permit the registrant to defend against the adverse evidence—to explain it, rebut it, or otherwise detract from its damaging force.

That the company is entitled to a fair return upon the value of the property at the time of the inquiry is the rule.

A sale conducted with fairness as respects the rights of all parties affected. Lalor V. Mc Carthy, 24 Minn. 419. A sale at a price sufficient to warrant confirmation or approval wh

That fair share may be regarded as the value, appropriately ascertained, of tangible assets permanently or habitually employed in the taxing State, including a portion of the intan

The Miller-Tydings Amendment permits the seller of an article which bears his trade mark, brand, or name, to prescribe a minimum resale price by contract, if such contracts are law

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

a privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent.

In a contract by a city to purchase a waterworks plant at “fair and equitable value,” the amount is to be determined not by capitalization of the earnings nor limited to the cost o

it is reasonable that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To m

The navigable part of a harbor or river.

Doing.

Anything done; a deed lawfully executed. Comyn, Dig. Femme de fait, a wife de facto.

In this section, the term "fait accompli" refers to the resort to force by the People's Republic of China to invade and seize control of Taiwan before the United States c

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

A term used In the law only in connection with the adjectives good and bad, as expressing the belief, intent, or purpose with which a transaction has been entered into or completed

See Full faith and credit .

The pro- ble incumbrancer, purchase for value withtection given to such purchaser means that out notice would be no defense. from the relation subsisting between the two Prof. Ames

As respects temporal affairs, diligently, and without unnecessary delay; but it does not Includei the idea of impartiality. Den V. Thompson, 16 N. J. L. 72.

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 Judicial fact. One of the factors or elements constitutive of an obligation.

In Scots law. A solemn pledge; an oath.

Idle persons; idle livers; vagabonds. Termes de la Ley; Cowell; Blount; Cunningham. FALCARE (Lat.) To cut or mow down. Falcare prata, to cut or mow down grass in meadows; the cutti

A term applied among the Mohammedans to a kind of religious ascetic or beggar, whose claim is that he "is in need of mercy, and poor in the sight of God, rather than in need of wor

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

To mow.

I. In old English law. Grass fresh mown and laid in swathes,

I. In old English law. A mower; a servile tenant who performed the labor of mowing. Falcatores: mowers.

In Spanish law. The fourth portion of an inheritance, which legally belongs to the heir, and for the protection of which he has the right to reduce the legacies to three fourths pa

I, Falcidian law. In the civil law. A law enacted on motion of Publius Falcidius, tribune of the people, A. XJ. C. 714, by which a testator was forbidden to give more in legacies t

In Roman law. A statute or law restricting the right of disposing of property by will, enacted by the people during the reign of Augustus, on the proposition of Falcidius, who was

That portion of a testator's estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one-fourth. Civ. Code La. art. 1608; 1 White, New Recop.

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

A sheep walk. 2 Vent. 139.

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

I. I. In old English law. To fold. Faldari: to be folded.

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

Same as Faldage.

A compensation paid by some customary tenants that they might have liberty to fold their own sheep on their own land. Cunningham; Cowell; Blount.

The bishop's seat or throne within the chancel. FALDSOCA (Saxon). The liberty or privilege of foldage.

A sheep-fold. CowelL

L I. In old English law. A fold course; the course of a fold; a sheep walk, or feed for sheep.

flame as Faldage.

or FOLDSTOOL. A place at the south side of the altar at which the sovereign kneels at his coronation.

A person of age that he may be reckoned of some decennary. Du Fresne.

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

Faldwrithi. Sax. [from fald, a station, or fixed abode, and wurthi, worthy.] In Saxon law. A person of proper age to be fixed in some certain decennary or friburg. Spelman. FALERAE

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

In old English law. A hill, or down by the seaside. Co. Litt. 5b; Domesday Book.

Same as Folc-land.

In Scotch law. To lose. To fall from a right is to lose or forfeit it. 1 Kames, Eq. 228.

For purposes of this part, the term “fallback prescription drug plan” means a prescription drug plan that— (A) only offers the standard prescription drug coverage and access to neg

The term "fallback provisions" means terms in a LIBOR contract for determining a benchmark replacement, including any terms relating to the date on which the benchmark re

For purposes of this subsection, the term “fallback service area” means, for a PDP region with respect to a year, any area within such region for which the Secretary determines bef

In Spanish law. The final decree or judgment given in a lawsuit. FALSA DEMONSTRATIO (Lat.) In the civil law. False designation; erroneous description of a person or thing in a writ

In English law. A quantity of land six ells square, superficial measure.

Land left uncultivated to recuperate.

In Old English Law. An unexplained term for some particular kind of land. Jacob, L. Dict. FALSA DEMONSTRATIO. In Civil Law. False designation; erroneous description of a person or

A person reckoned old enough to become a member of the decennary, and so subject to the law of frankpledge. Spelm. FALE8IA. In Old English Law. A hill or down by the sea-side. Co.

Erroneous description.

A bequest is not rendered void by an erroneous description. Inst. 2, 20, 30; Broom, Max. 645.

An erroneous description will not nullify a legacy. See 3 Bradf. (N. Y.) 144.

A false description does not vitiate. 6 Term R. 676. See 2 Story (U. S.) 291; 1 Greenl. Ev. § 301; Broom, Leg. Max. (3d London Ed.) 562; 2 Pars. Cont. 62, note, 69, note, 72, note,

An erroneous description is harmless when it is clear as to the individual.

False description does not injure or vitiate, provided the thing or person intended has once bcen sufficiently described. Mere false description does not make an instrument inopera

Faulty grammar will not vitiate a deed.

False or bad grammar does not vitiate a grant Shep. Touch. 55; 9 Coke, 48a. Neither false Latin nor false English will make a deed void when the intent of the parties doth plainly

In Civil law. False or counterfeit money. Code, 9. 24.

SIVE FALSA grammatica, non vitiat concessionem. False spelling or false grammar does not vitiate a grant. 9 Coke, 48; Shep. Touch. 55.

False spelling does not vitiate a deed. Shep. Touch. 55, 87 ; 9 Coke, 48a; Wing. Max. 19.

Faulty spelling, or faulty grammar will not vitiate a grant.

To counterfeit. Bracton, fol. 276b.

I I. In old English law. A

or FOLSONARIUS. A counterfeiter. Towns. PI. 260; Hov. Frauds, 424.

I. In the civil law. Beating without pain!

not true." Ante, at 414 (internal quotation marks omitted).

See "Feigned Action."

the term “false advertisement” means any advertisement which is false or misleading in any particular. / The term “false advertisement” means an advertisement, other than labeling,

This phrase must be taken with its accepted legal meaning, and thus it must be found that the statement contained in the package was put there to accompany the goods with actual in

In pleading. A sham answer; one which is false in the sense of being a mere pretense set up in bad faith and without color of fact Howe v. Elwell, 57 App. Div. 357, 67 N. Y. Supp.

An unsuccessful appeal of felony.

the term “false authentication feature” means an authentication feature that— (A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered w

Personating the master or mistress of a servant, or any representative of such master or mistress, and giving a false character to the servant, is an offense punishable in England

A claim made by a man for more than his due. An instance is given where the prior of Lancaster 'claimed a tenth part of the venison in corio as well as in came, where he was entitl

where a man claimed more than bis due, and was amerced and punished for the same. Manw. c. 25; Tomlins. Defined under False in Black's Law Dictionary.

The statement of the offenses here carries with it the charge of inducing or attempting to induce the payment of a claim for money or property involving the element of deceit that

§3729-the provision at issue in this case.

an investigation conducted "for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law." §3733(l)(2) (emphasis added).

the term “false claims law investigator” means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect