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| This dictionary contains: 8526 juridical terms |
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Faculty
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Faculty1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Example
An example is a case put to illustrate a. principle.
Ordinary
Civil and Ecclesiastical law. An officer who has original jurisdiction in his own right and not by deputation.
Church
A temple or building consecrated to the Honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious worship. Robertson v. Bullions, 9 Barb. 95 (1850). The civil courts have only to do with the rights of property. When a right of property depends on a civil court question, and that question has been decided by the highest tribunal within the religious organization to which it has been carried, the civil courts accept that decision as final. Relations of Civil Law to Church Policy (1875) Hon. William Strong; Watson v. Jones, 13 Wall. 713, 722-31 (1871).
Grant
Conveyancing, concessio. Technically speaking, grants are applicable to the conveyance of incorporeal rights, though in the largest sense, the term comprehends everything that is granted or passed from one to another, and is applied to every species of property. Grant is one of the usual words in a feoffment, and differs but little except in the subject-matter; for the operative words used in grants are dedi et concessi, "have given and granted."
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Faculty
1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property.
Equivalent
Of the same value.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Consent
Agreement; voluntary acceptance of the wish of another.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Factorage
The wages or allowances paid to a factor for his services; it is more usual to call this commissions.
Factors of fraud
Opportunity (an opening or control weakness to be able to commit the fraud), Pressure (a problem that cannot be shared or resolved), and Attitude (a propensity to steal or the ability to rationalize fraudulent behavior). All frauds have these three factors as a cause.
Factory
Scotch law. A contract which partakes of a mandate and locatio ad operandum, and which is in the English and American law books discussed under the title of Principal and Agent.
Factum
1) A deed. a man's own act and deed. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. 2)French law. A memoir which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party.
Factum probandum
The fact to be proved.
Faculty
Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
Failure of consideration
Want or absence of a legal consideration.
Failure of evidence
Absence of legal evidence.
Failure of issue
Want or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise.
Failure of justice
Defeat of right and justice from want of legal remedy.
RELATED TERMS--------------------------------------
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
License
1) Contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. 2) International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 3) Pleading. The name of a plea of justification to an action of trespass. A license must be specially pleaded, and cannot, like liberum tenementum, be given in evidence under the general issue.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Example
An example is a case put to illustrate a. principle.
Ordinary
Civil and Ecclesiastical law. An officer who has original jurisdiction in his own right and not by deputation.
Church
A temple or building consecrated to the Honor of God and religion; or, an assembly of persons, united by the profession of the same Christian faith, met together for all religious worship. Robertson v. Bullions, 9 Barb. 95 (1850). The civil courts have only to do with the rights of property. When a right of property depends on a civil court question, and that question has been decided by the highest tribunal within the religious organization to which it has been carried, the civil courts accept that decision as final. Relations of Civil Law to Church Policy (1875) Hon. William Strong; Watson v. Jones, 13 Wall. 713, 722-31 (1871).
Grant
Conveyancing, concessio. Technically speaking, grants are applicable to the conveyance of incorporeal rights, though in the largest sense, the term comprehends everything that is granted or passed from one to another, and is applied to every species of property. Grant is one of the usual words in a feoffment, and differs but little except in the subject-matter; for the operative words used in grants are dedi et concessi, "have given and granted."
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Faculty
1)Canon law. A license; an authority. For example, the ordinary having the disposal of all seats in the nave of a church, may grant this power, which, when it is delegated, is called a faculty, to another. 2)French law. Equivalent to ability or pow-er. The term faculty is more properly applied to a power founded on the consent of the party from whom it springs, and not founded on property.
Equivalent
Of the same value.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Consent
Agreement; voluntary acceptance of the wish of another.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Factorage
The wages or allowances paid to a factor for his services; it is more usual to call this commissions.
Factors of fraud
Opportunity (an opening or control weakness to be able to commit the fraud), Pressure (a problem that cannot be shared or resolved), and Attitude (a propensity to steal or the ability to rationalize fraudulent behavior). All frauds have these three factors as a cause.
Factory
Scotch law. A contract which partakes of a mandate and locatio ad operandum, and which is in the English and American law books discussed under the title of Principal and Agent.
Factum
1) A deed. a man's own act and deed. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. 2)French law. A memoir which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party.
Factum probandum
The fact to be proved.
Faculty
Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
Failure of consideration
Want or absence of a legal consideration.
Failure of evidence
Absence of legal evidence.
Failure of issue
Want or non-existence of descendants; more particularly, lack of issue who may take an estate limited over by an executory devise.
Failure of justice
Defeat of right and justice from want of legal remedy.
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This dictionary contains 8526 terms.
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