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| This dictionary contains: 8526 juridical terms |
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Fieri facias
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Fieri faciasA writ of fieri facias commands a sheriff to take and sell enough property from the person who lost the law suit, to pay the debt owed by the judgment.
RELATED TERMS--------------------------------------
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Fieri
Latin. To be done; to be made. Compare Facere.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
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.
Person
This word is applied to men, women and children, who are called natural persons.
Lost
What was once possessed and cannot now be found.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
SIMILAR TERMS--------------------------------------
Fieri
Latin. To be done; to be made. Compare Facere.
Fieri feci
Practice. The return which the sheriff, or other proper officer, makes to certain writs, signifying, "I have caused to be made."
PREVIOUS AND NEXT TERMS--------------------------------------
Fiduciary
This term is borrowed from the civil law. The Roman laws called a fiduciary heir, the person who was instituted heir, and who was charged to deliver the succession to a person designated by the testament.
Fiduciary duty
The acts necessary (usually of an authorized employee or agent) to carry out a responsibility to care for assets prudently.
Fief
Fief or Feud. 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 should do service faithfully both at home and in the wars, to him by whom it was given. The law of fiefs supposed that originally all lands belonged to lords, who had had the generosity to abandon them to others, from whom the actual possessors derive their rights upon the sole reservation of certain services more or less onerous as a sign of superiority. To this superiority was added that which gives the right of dispensing justice, a right which was originally attached to all fiefs, and conferred upon those who possessed it, the most eminent part of public power.
Field
A part of a farra separately enclosed; a close. The Digest defines a field to be a piece of land without a house; ager est locus, que sine villa est.
Fieri
Latin. To be done; to be made. Compare Facere.
Fieri facias
Fieri feci
Practice. The return which the sheriff, or other proper officer, makes to certain writs, signifying, "I have caused to be made."
Fifteenth
English law. The name of a tax levied by authority of parliament for the use of the king, which consisted of one-fifteenth part of the goods of those who are subject to it.
Fifth amendment
Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.
Figures
Numerals. It is considered better to date formal instruments by writing the day and the year in words; and to write in words in the body of a bill, note, or receipt the sum for which it is given.
Filacer
Filacer, filazier or filzer. English law. An officer of the court of common pleas, so called because he files those writs on which he makes out process. FILE, practice. A thread, string, or wire, upon which writs and other exhibits in courts and offices are fastened or filed. for the more safe keeping and ready turning to the same. The papers put together in order, and tied in bundles, are also called a file.
RELATED TERMS--------------------------------------
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Fieri
Latin. To be done; to be made. Compare Facere.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
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.
Person
This word is applied to men, women and children, who are called natural persons.
Lost
What was once possessed and cannot now be found.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
Debt
Whatever one owes. A sum of money due by certain and express agreement.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
SIMILAR TERMS--------------------------------------
Fieri
Latin. To be done; to be made. Compare Facere.
Fieri feci
Practice. The return which the sheriff, or other proper officer, makes to certain writs, signifying, "I have caused to be made."
PREVIOUS AND NEXT TERMS--------------------------------------
Fiduciary
This term is borrowed from the civil law. The Roman laws called a fiduciary heir, the person who was instituted heir, and who was charged to deliver the succession to a person designated by the testament.
Fiduciary duty
The acts necessary (usually of an authorized employee or agent) to carry out a responsibility to care for assets prudently.
Fief
Fief or Feud. 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 should do service faithfully both at home and in the wars, to him by whom it was given. The law of fiefs supposed that originally all lands belonged to lords, who had had the generosity to abandon them to others, from whom the actual possessors derive their rights upon the sole reservation of certain services more or less onerous as a sign of superiority. To this superiority was added that which gives the right of dispensing justice, a right which was originally attached to all fiefs, and conferred upon those who possessed it, the most eminent part of public power.
Field
A part of a farra separately enclosed; a close. The Digest defines a field to be a piece of land without a house; ager est locus, que sine villa est.
Fieri
Latin. To be done; to be made. Compare Facere.
Fieri facias
Fieri feci
Practice. The return which the sheriff, or other proper officer, makes to certain writs, signifying, "I have caused to be made."
Fifteenth
English law. The name of a tax levied by authority of parliament for the use of the king, which consisted of one-fifteenth part of the goods of those who are subject to it.
Fifth amendment
Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.
Figures
Numerals. It is considered better to date formal instruments by writing the day and the year in words; and to write in words in the body of a bill, note, or receipt the sum for which it is given.
Filacer
Filacer, filazier or filzer. English law. An officer of the court of common pleas, so called because he files those writs on which he makes out process. FILE, practice. A thread, string, or wire, upon which writs and other exhibits in courts and offices are fastened or filed. for the more safe keeping and ready turning to the same. The papers put together in order, and tied in bundles, are also called a file.
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This dictionary contains 8526 terms.
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