Juridical Dictionary

This dictionary contains:
8526
juridical terms

Failure




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.

RELATED TERMS
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Total
Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.

Defect
The want of something required by law.

Omission
An omission is the neglect to perform what the law requires.

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.

Payment
1) Contracts. That which is given to execute what has been promised; or it is the fulfilment of a promise. Solvere dicimus cum quis fecit, quod facere promisit. But though this is the general acceptation of the word, yet by payment is understood, every way by which the creditor is satisfied or ought to be, and the debtor, liberated for example, an accord and satisfaction will operate as a payment. 2) Pleadings. The name of a plea by which the defendant alleges that he has paid the debt claimed in the declaration; this plea must conclude to the country.



SIMILAR TERMS
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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.

Failure of record
The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley.

Failure of title
Defect or want of title.

Failure of trust
Defeat of a proposed trust from want of constituting facts or elements or of law to effectuate the object.

Failure to arraign
All individuals who are arrested must be taken to court?that is, ?arraigned??within 48 hours of the time of arrest, excluding Sundays and holidays.ÿ If the 48 hours expires at a time when the court is not in session, the time shall be extended to include the duration of the next court date.ÿÿ Anyone who is not arraigned within this time frame will be released from custody without delay.



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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
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.

Failure

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.

Failure of record
The neglect to produce the record after having pleaded it. When a defendant pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment. Termes de lay Ley.

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This dictionary contains 8526 terms.







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