Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
A. person appearing in the writ or reconi as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and of the use of his name in it. It is a co
One who is aot a vassal, b who for the sake of protection haa cond himself with one more poser Iman; 2 Bl. Comm. 46.
A cestui que trust. See 83 Hun, 160, 31 N. Y. Supp. 650.
A testamentary trust.
- Fidei-commissariusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A cestui que trust.
The natural object of this fidei-commissary substitution is that which is said to be its object,—to secure accretion among the shares.
A testamentary trust.
I. In the civil law. A thing committed to one's faith; a trust, or bequest in trust; the disposal by will of an inheritance to a person, in confidence that he will convey it, or di
- Fide Juberedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In the civU law. To order a thing upon one's faith; to pledge one's self; to become surety for another. Fide jubes? Fide jubeo: Do you pledge yourself? I do pledge myself. Inst. 3.
An act by which any one binds himself as an additional security for another. This giving security does not destroy the liability of the principal, but adds to the security of the s
- Fide Jussordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In civil law. One who becomes security for the debt of another, promising to pay it in case the principal does not do so. He differs from a co-obligor in this, that the latter is e
Faithful; trustworthy.
- Fidelitasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Fealty; fidelity.
DE NULLO TENEMENTO, quod tenetur ad terminum fit hottiagll; fit tamen Inde fidelitatis sacramentum. Fealty. For no tenement which is held for a term is there the oath of homage, bu
See Faith; Fides; Insurance; Trust, 1.
Insurance guaranteeing the faithfulness of an officer or employee to his trust. See 100 Am. St. Rep. 775, note. See, also, 4 L. R. A. 124, note, and Id. 213.
When a tenant does FIDES EST OBLIGATIO CONSCIENtiae alicujus ad intentfonem alterlus. A trust is an obligation of conscience of one to the will of another.
- Fide Promissordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
See "Fide Jussor." FIDEI COMMISSARIUS (Law Lat.) In civil law. One who has a beneficial interest in an estate which, for a time, is committed to the faith or trust of another. This
- Fidesdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Faith; a trust; a confidence.
Bacon. A trust is an obligation of conscience of one to the will of another.
A trust is an obligation of conscience of one man to the wishes of another.
Among the Franks and Lombards undertakings were guaranteed by “making one’s faith” — fides- facta. This was symbolized by such formal acts as the giving of a rod; in suretyship giv
Good faith must be observed. 1 Mete. (Mass.) B51; 3 Barb. (N. Y.) 323, 330; 23 Barb. (N. Y.) 521, 524. FIDES SERVANDA EST; SIMPLICITAS juris genitum praevaleat. Good faith is to be
Faith must be observed. An agent must not violate the confidence reposed in him. Story, Ag. § 192.
Faith must be kept; the simplicity of the law of nations mnst prevail. A rule applied to bills of exchange as a sort of sacred instruments. 3 Burrows, 1672; Story, Bills, § 15.
Good faith is to be preserved, the simplicity of the law of nations should prevail.
A sale conditional upon repurchase by the seller.
s Held, founded, resting upon an actual trust: as, a fiduciary — capacity or character, contract or relation, debt, debtor, creditor. Fiducial. Of the nature of a trust. ■ 2 BI. Co
An adjective having the same meaning as "fiduciary;" as, in the phrase "public or fiducial office." Ky. St. § 3752; Moss v. Rowlett, 112 Ky. 121, 65 S. W. 153.
In Roman law. The elder brother of an emancipated pupillus, whose father had died leaving him still under fourteen years of age.
- fiduciarydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A director is a fiduciary. So is a dominant or controlling stockholder or group of stockholders. Their powers are powers in trust. Their dealings with the corporation are subjected
The term “fiduciary adviser” means, with respect to a plan, a person who is a fiduciary of the plan by reason of the provision of investment advice referred to in subsection (e)(3)
The statute 'speaks of technical trusts, and not those which the law implies from the contract.' The scope of the exception was to be limited accordingly.
- Fiduciary Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An agreement by which a person delivers a thing to another on the condition that he will restore it to him. The following formula was employed: Ut inter bonos agere oportet, ne pro
It is not enough for one occupying a confidential relation to another, who is shown to have secretly received a benefit from the opposite party, to say, 'You cannot show any fraud,
Promoters of a corporation stand in a fiduciary relation to it to this extent at least, that they will be chargeable as trustees if they deal with it unconscionably or oppressively
The term is derived from the Roman law, and means (as a noun) a person holding the character of a trustee or a character analogous to that of a trustee, in respect to the trust and
A fee, feod, or feud. A fief was an organically complete brotherhood of associates whose proprietary and personal rights were inextricably blended together. It had much in common w
A fee held on the ticum. Spelman; Calv. Lex.; Du Cange. A knight's fee. 2 Bl. Comm. 62.
A knight-service fee.
In its origin, a fief was a district of country, allotted to one of the chiefs who invaded the Roman empire, as a stipend or reward; with a condition annexed that the possessor sho
- Fief Tenantdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
The holder of a fief or fee.
In Spanish law. An officer who keeps possession of a thing deposited under authority of law. Las Partidas, pt. 3, tit. 9, lib. 1.
Except in the cases of tobacco, potatoes, sweet potatoes, and hemp, insurance shall not extend beyond the period during which the insured commodity is in the field. As used in the
In Spanish law. Sequestration. This is allowed in six cases by the Spanish law where the title to property is in dispute. Las Partidas, pt. 3, tit. 3, liv. 1.
or FILKDALE. The drinking of ale by bailiffs and other officers in the field, at the expense of the hundred; an old English custom long since prohibited. Toml.
The term “field-based course” means a course of instruction offered by an institution of higher education that includes a requirement that students teach a minimum of 3 lessons or
The term “field employee” means— (i) an employee of the National Park Service who is exclusively assigned by the National Park Service to perform duties at a field unit, and the me
The term "fielding target" has the meaning given that term in section 2448a(a) of this title. / The term "fielding target" has the meaning given that term in se
The term “field-initiated research” means education research in which topics and methods of study are generated by investigators, including teachers and other practitioners, not by
The term “field office” means any office of a Federal agency that is not the headquarters office location for the Federal agency.
Patent owners may grant licenses extending to all uses or limited to use in a defined field.
The test, therefore, is whether the matter on which the State asserts the right to act is in any way regulated by the Federal Act. If it is, the federal scheme prevails though it i
An officer elected, in England, by the owners of a regulated pasture, to keep in order the fences, ditches, etc., on the land, to regulate the times during which animals are to be
The term “field related to ocean, coastal, and Great Lakes resources” means any discipline or field, including marine affairs, resource management, technology, education, or scienc
“field related to space” means any academic discipline or field of study (including the physical, natural, and biological sciences, and engineering, space technology, education, ec
The term “field structure” means the offices, functions, and employee positions of all agencies, offices, or other administrative units of the Department, other than the headquarte
- Fierding Courtsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Ancient Gothic courts "in the lowest instance." So called because four were instituted within every superior district or hundred. Their jurisdiction was limited within forty shilli
Lat To be made; to be done. See In Fieri.
- fieri faciasdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
The ordinary writ of fieri facias is the authority of the sheriff to levy on property and sell it
When a sheriff to a common fi. fa. returns nulla bona, and that the defendant 4s a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis,
The writ issued on an ordinary judgment against an executor when sued for a debt due by his testator. If the sheriff returns to this writ nulla bona, and a devastavit (q. V.), the
I have caused it to be made, the return on a fieri facias, after levy.
SED FACTUM VAlet. It ought not to be done, but done, it is valid. 5 Coke, 39; 1 Strange, 526; 19
It ought not to be done, but [if] done, it is valid. Shep. Touch. 6; 5 Coke, 39; T. Raym. 58; 1 Strange, 526. A maxim frequently applied in practice. Nichols v. Ketcham, 19 Johns.
It ought not to be done, but done, it is valid. See 19 Johns. (N. Y.) 84.
An abbreviation for fieri facias (q. V.) FIANCER (Law Fr.) To pledge one's faith. Kelham. FIANZA (Spanish). Surety; the contract by which one person engages to pay the debt or fulf
The Amendment does not take away from the state governments in a general sense the power over suffrage which has belonged to those governments from the beginning... But it is equal
- Fifteenthsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A temporary aid, consisting of a fifteenth part of the personal property in every township, borough, and city in the kingdom. The valuation of the kingdom was fixed, and a record m
a limitation only upon the powers of the General Government, and is not directed against the action of individuals
the immunity provided by the 5th Amendment against self-incrimination is personal to the witness himself, and ... he cannot set up the privilege of another person or of a corporati
This amendment is not obligatory upon the governments of the several states or their judicial establishments, and regulates the procedure of the Federal courts only.
Ordinances of Justinian (529-532) upon the authority of which all moot points were settled in the preparation of the hecond edition of the Code. Taylor, Science of Jurispr. 144.
Does not necessarily imply that both parties should give and take blows. It is sufficient that they voluntarily put their bodies in position with that intent; State v. Gladden, 73
In this section, the term “fighter aircraft” has the meaning given that term in section 9062(i)(2) of this title .
the insulting or 'fighting' words—those which by their very utterance inflict injury or tend to incite an immediate breach of the peace
or FIGHTWITE (Saxon). A mulct or fine for making a quarrel to the disturbance of the peace. Called also by Cowell forisfactura pugnae. The amount was one hundred and twenty shillin
- Fightwitedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
A fine for disturbing the peace.
Numerals. They are either Roman, made with letters of the alphabet: for example, mdccia'xvi; or they are Arabic, as follows: 1776. Roman figures may be used in contracts and law pr
A person who, after committing an offense, has fled from justice; a slave who has fled from his master.
sax. In Saxon law. A compensation, satisfaction or fine for breach of the peace.
sax. In Saxon law. A breach or violation of the peace.
- Filacerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An officer of the common pleas, whose duty it was to file the writs on which he made process. There were fourteen of them, and it was their duty to make out all original process. C
iilizers. (From Filace,/r., a file.) Officers in the C. P. and other supei-ior courts ^ho fled and issued writs.
Lat. [from Fr. fil.] A file. Spelman. See File.
In old -English practice. To file. Towns. PI. 67.
Lat. In old English practice. To file. Tovms, PL 67.
In old English law. A word used by Bracton to denote a kind of compotation or entertainment, given by bailiffs of hundreds, for the purpose of extorting money from those who attend
- Filedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
to deliver to the City Secretary for safekeeping as a public record of the City of Dallas.
A string or wire, upon which writs and other exhibits in courts and offices were formerly fastened or filed for safe-keeping; the paper itself or a number of papers so filed.
I. Jr. A thread, line or mark. v. Filum aquoe.
oral as well as written complaints within its scope.
It is essential to the maintenance of uniform rates and the avoidance of rebates and preferential treatment that the tariff rates filed with the Commission according to the interst
But so long as the tariff rate, based on value, remained operative, it was binding upon the shipper and carrier alike, and was to be enforced by the courts in fixing the rights and
Brit. A name given to villeins in the laws of Hoel Dda. Barring. Obs. St. 302.
Where an inventor, seeking a broad claim which is rejected, in which rejection he acquiesces, substitutes therefor a narrower claim, he cannot be heard to insist that the construct
See Emancipation; Parent.
- Filiatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To declare whose child a bastard is. 2 W. Bl. 1017.
Filiation; paternity.
- Filiationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In civil law. The descent of son or daughter, with regard to his or her father, mother, and their ancestors. Nature always points out the mother by evident signs, and, whether marr