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Forma pauperis
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Forma pauperisEnglish 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.
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.
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.
Person
This word is applied to men, women and children, who are called natural persons.
Charges
The term charges signifies the expenses which have been incurred in relation either to a transaction or to a suit; as the charges incurred for his benefit must be paid by a hirer; the defendant must pay the charges of a suit.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Oath
A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.
Certificate
Practice. A writing made in any court, and properly authenticated, to give notice to another court of anything done therein; or it is a writing by which an officer or other person bears testimony that a fact has or has not taken place.
Just
This epithet is applied to that which agrees with a given law which is the test of right and wrong. It is that which accords with the perfect rights of others. By just is also understood full and perfect, as a just weight.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Pauper
One so poor that he must be supported at the public expense.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Gratis
Without reward or consideration.
Counsel
1) Advice given to another as to what he ought to do or not to do. 2) An officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor. 3) Practice, Criminal law. In the oath of the grand jurors, there is a provision requiring them to keep secret " the commonwealth's counsel, their fellows, and their own." In this sense this word is synonymous with knowledge.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Fee
1) Feudal law. An allotment of land in consideration of military service; land held of a superior, on condition of rendering him service, the ultimate property remaining in him. Oppossed to allodium. 2) An estate of inheritance - the highest and most extensive interest a man can have in a feud.
SIMILAR TERMS--------------------------------------
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.
Formality
The conditions which must be observed in making contracts, and the words which the law gives to be used in order to render them valid; it also signifies the conditions which the law requires to make regular proceedings.
Formedon
Old English law. The writ of formedon is nearly obsolete, it having been superseded by the writ of ejectment. Upon an alienation of the tenant in tail, by which the estate in tail is discontinued, and the remainder or reversion is by the failure, of the particular estate, displaced and turned into a mere right, the remedy is by action of formedon, (secundum formam doni,) because the writ comprehends the form of the gift. This writ is in the nature of a writ of right, and the action of formedon is the highest a tenant in tail can have. This writ is distinguished into three species; a formedon in the descender, in the remainder, and in the reverter.
Former allegiance
The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.
Former recovery
A recovery in a former action.
Formulary
A book of forms or precedents for matters of law; the form.
PREVIOUS AND NEXT TERMS--------------------------------------
Forestalling
Criminal law. Every practice or device, by act, conspiracy, words, or news, to enhance the price of victuals or other provisions.
Forfeiture
A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.
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
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.
Formality
The conditions which must be observed in making contracts, and the words which the law gives to be used in order to render them valid; it also signifies the conditions which the law requires to make regular proceedings.
Formedon
Old English law. The writ of formedon is nearly obsolete, it having been superseded by the writ of ejectment. Upon an alienation of the tenant in tail, by which the estate in tail is discontinued, and the remainder or reversion is by the failure, of the particular estate, displaced and turned into a mere right, the remedy is by action of formedon, (secundum formam doni,) because the writ comprehends the form of the gift. This writ is in the nature of a writ of right, and the action of formedon is the highest a tenant in tail can have. This writ is distinguished into three species; a formedon in the descender, in the remainder, and in the reverter.
Former allegiance
The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.
Former recovery
A recovery in a former action.
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.
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.
Person
This word is applied to men, women and children, who are called natural persons.
Charges
The term charges signifies the expenses which have been incurred in relation either to a transaction or to a suit; as the charges incurred for his benefit must be paid by a hirer; the defendant must pay the charges of a suit.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Oath
A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.
Certificate
Practice. A writing made in any court, and properly authenticated, to give notice to another court of anything done therein; or it is a writing by which an officer or other person bears testimony that a fact has or has not taken place.
Just
This epithet is applied to that which agrees with a given law which is the test of right and wrong. It is that which accords with the perfect rights of others. By just is also understood full and perfect, as a just weight.
Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.
Pauper
One so poor that he must be supported at the public expense.
Original
Contracts, practice, evidence. An authentic instrument of something, and which is to serve as a model or example to be copied or imitated. It also means first, or not deriving any authority from any other source as, original jurisdiction, original writ, original bill, and the like .
Gratis
Without reward or consideration.
Counsel
1) Advice given to another as to what he ought to do or not to do. 2) An officer of court. One who undertakes to conduct suits and actions in court. The same as counsellor. 3) Practice, Criminal law. In the oath of the grand jurors, there is a provision requiring them to keep secret " the commonwealth's counsel, their fellows, and their own." In this sense this word is synonymous with knowledge.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Fee
1) Feudal law. An allotment of land in consideration of military service; land held of a superior, on condition of rendering him service, the ultimate property remaining in him. Oppossed to allodium. 2) An estate of inheritance - the highest and most extensive interest a man can have in a feud.
SIMILAR TERMS--------------------------------------
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.
Formality
The conditions which must be observed in making contracts, and the words which the law gives to be used in order to render them valid; it also signifies the conditions which the law requires to make regular proceedings.
Formedon
Old English law. The writ of formedon is nearly obsolete, it having been superseded by the writ of ejectment. Upon an alienation of the tenant in tail, by which the estate in tail is discontinued, and the remainder or reversion is by the failure, of the particular estate, displaced and turned into a mere right, the remedy is by action of formedon, (secundum formam doni,) because the writ comprehends the form of the gift. This writ is in the nature of a writ of right, and the action of formedon is the highest a tenant in tail can have. This writ is distinguished into three species; a formedon in the descender, in the remainder, and in the reverter.
Former allegiance
The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.
Former recovery
A recovery in a former action.
Formulary
A book of forms or precedents for matters of law; the form.
PREVIOUS AND NEXT TERMS--------------------------------------
Forestalling
Criminal law. Every practice or device, by act, conspiracy, words, or news, to enhance the price of victuals or other provisions.
Forfeiture
A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.
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
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.
Formality
The conditions which must be observed in making contracts, and the words which the law gives to be used in order to render them valid; it also signifies the conditions which the law requires to make regular proceedings.
Formedon
Old English law. The writ of formedon is nearly obsolete, it having been superseded by the writ of ejectment. Upon an alienation of the tenant in tail, by which the estate in tail is discontinued, and the remainder or reversion is by the failure, of the particular estate, displaced and turned into a mere right, the remedy is by action of formedon, (secundum formam doni,) because the writ comprehends the form of the gift. This writ is in the nature of a writ of right, and the action of formedon is the highest a tenant in tail can have. This writ is distinguished into three species; a formedon in the descender, in the remainder, and in the reverter.
Former allegiance
The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship.
Former recovery
A recovery in a former action.
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This dictionary contains 8526 terms.
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