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| This dictionary contains: 8526 juridical terms |
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Forfeiture
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ForfeitureA cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.
RELATED TERMS--------------------------------------
Cancellation
Termination clause A unilateral or mutual decision to not complete an exchange or perform an obligation under a contract. May trigger penalty provisions; often contains a notice requirement.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Purchaser
contracts. A buyer, a vendee.
Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.
Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.
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--------------------------------------
Forfeiture of marriage
Old law. The name of a penalty formerly incurred by a ward in chivalry, when he or she married contrary to the wishes of his or her guardian in chivalry. The latter, who was the ward's lord, had an interest in controlling the marriage of his female wards, and he could exact a price for his consent and, at length, it became customary to sell the marriage of wards of both sexes.
PREVIOUS AND NEXT TERMS--------------------------------------
Forensic
Suitable for use in a court proceeding.
Forensic auditing
Examination of a business process for evidence of Fraud.
Forensics
A general term sometimes used by a therapist hired to evaluate a family. the therapists will state in court which parent they feel should have custody of the child. this is know as a custody evaluation.
Forest
1) By the English law, a forest is a circuit of ground properly under the king's protection, for the peaceable living and abiding of beasts of hunting and the chase, and distinguished not only by having bounds and privileges, but also by having courts and offices. 2) The signification of forest in the United States is the popular one of an extensive piece of woodland.
Forestalling
Criminal law. Every practice or device, by act, conspiracy, words, or news, to enhance the price of victuals or other provisions.
Forfeiture
Forfeiture of marriage
Old law. The name of a penalty formerly incurred by a ward in chivalry, when he or she married contrary to the wishes of his or her guardian in chivalry. The latter, who was the ward's lord, had an interest in controlling the marriage of his female wards, and he could exact a price for his consent and, at length, it became customary to sell the marriage of wards of both sexes.
Forgery
Criminal law. Forgery at common law has been held to be "the fraudulent making and alteration of a writing to the prejudice of another man's right." By a more modern writer, it is defined, as " a false making; a making malo animo, of any written instrument, for the purpose of fraud and deceit."
Forisfamiliation
Law of Scotland. By this is understood the act by which a father gives to a child his share of his legitime, and the latter renounces all further claim. From this time, the child who has so received his share, is no longer accounted 4 child in the division of the estate.
Forma pauperis
English law. When a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath that he is not worth five pounds, and bringing a certificate from a counselor at law, that he believes him to have a just cause, he is permitted to sue informa pauperis, in the manner of a pauper; that is, he is allowed to have original writs and subpoenas gratis, and counsel assigned him without fee.
Formalities of the forum court
Formalities of the forum court include the method whereby an action is drawn up and served; when, where, and how the court sits; whether a civil jury trial may be held; who questions witnesses; whether the forum court may permit such processes as an attachment or saisie conservatoire, a writ in rem, or a Mareva injunction; when the giving of security is ordered and how judgments are executed, etc. Formalities of the forum court follow the lex fori and are unconnected to any right or accessory right.
RELATED TERMS--------------------------------------
Cancellation
Termination clause A unilateral or mutual decision to not complete an exchange or perform an obligation under a contract. May trigger penalty provisions; often contains a notice requirement.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Contract
A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract.
Purchaser
contracts. A buyer, a vendee.
Default
"1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract.
Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.
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--------------------------------------
Forfeiture of marriage
Old law. The name of a penalty formerly incurred by a ward in chivalry, when he or she married contrary to the wishes of his or her guardian in chivalry. The latter, who was the ward's lord, had an interest in controlling the marriage of his female wards, and he could exact a price for his consent and, at length, it became customary to sell the marriage of wards of both sexes.
PREVIOUS AND NEXT TERMS--------------------------------------
Forensic
Suitable for use in a court proceeding.
Forensic auditing
Examination of a business process for evidence of Fraud.
Forensics
A general term sometimes used by a therapist hired to evaluate a family. the therapists will state in court which parent they feel should have custody of the child. this is know as a custody evaluation.
Forest
1) By the English law, a forest is a circuit of ground properly under the king's protection, for the peaceable living and abiding of beasts of hunting and the chase, and distinguished not only by having bounds and privileges, but also by having courts and offices. 2) The signification of forest in the United States is the popular one of an extensive piece of woodland.
Forestalling
Criminal law. Every practice or device, by act, conspiracy, words, or news, to enhance the price of victuals or other provisions.
Forfeiture
Forfeiture of marriage
Old law. The name of a penalty formerly incurred by a ward in chivalry, when he or she married contrary to the wishes of his or her guardian in chivalry. The latter, who was the ward's lord, had an interest in controlling the marriage of his female wards, and he could exact a price for his consent and, at length, it became customary to sell the marriage of wards of both sexes.
Forgery
Criminal law. Forgery at common law has been held to be "the fraudulent making and alteration of a writing to the prejudice of another man's right." By a more modern writer, it is defined, as " a false making; a making malo animo, of any written instrument, for the purpose of fraud and deceit."
Forisfamiliation
Law of Scotland. By this is understood the act by which a father gives to a child his share of his legitime, and the latter renounces all further claim. From this time, the child who has so received his share, is no longer accounted 4 child in the division of the estate.
Forma pauperis
English law. When a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath that he is not worth five pounds, and bringing a certificate from a counselor at law, that he believes him to have a just cause, he is permitted to sue informa pauperis, in the manner of a pauper; that is, he is allowed to have original writs and subpoenas gratis, and counsel assigned him without fee.
Formalities of the forum court
Formalities of the forum court include the method whereby an action is drawn up and served; when, where, and how the court sits; whether a civil jury trial may be held; who questions witnesses; whether the forum court may permit such processes as an attachment or saisie conservatoire, a writ in rem, or a Mareva injunction; when the giving of security is ordered and how judgments are executed, etc. Formalities of the forum court follow the lex fori and are unconnected to any right or accessory right.
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This dictionary contains 8526 terms.
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