Juridical Dictionary

This dictionary contains:
8526
juridical terms

Function




Function

Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.

RELATED TERMS
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Office
An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it

Occupation
1) Use or tenure; as, the house is in the occupation of A B. A trade, business or mystery; as the occupation of a printer. Occupancy. 2) In another sense occupation signifies a putting out of a man's freehold in time of war.

Performance
The act of doing something; the thing done is also called a performance.

Duties
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs or imposts.

Said
Before mentioned.

Function
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.



SIMILAR TERMS
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Functional interest analysis
Arthur Taylor von Mehren (supra) and Donald T. Trautman introduced a method of weighing governmental interest, unlike the lex fori rule advocated in Currie's governmental interest analysis. Von Mehren and Trautman called their approach "functional interest analysis", and listed the criteria to be considered when weighing one government's interest against the other. The law to apply using functional analysis would be the law of the jurisdiction with the greatest weight. Multijurisdictional rules were advocated where weighing did not provide a solution.

Functionary
One who is in office or in some public employment.

Functus officio
This term is applied to something which once had life and power, but which now has no virtue whatsoever; as, for example, a warrant of attorney on which a judgment has been entered, is, functus officio, and a second judgment, cannot be entered by virtue of its authority. When arbitrators cannot agree and choose an umpire, they are said to be functi officio. If a bill of exchange be sent to the drawee, and he passes it to the credit of the holder, it is functus officio, and cannot be further negotiated. When an agent has completed the business with which he was entrusted,.his agency is functus officio.



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Full court
When all the judges are present and properly organized, it -is said there is a full court; a court in banc.

Full defence
Pleading. A denial of all wrong or injury. It is expressed in the following formula: And the said C D, (the defendant,) by E F, his attorney, comes, and defends the wrong or injury, (or force and injury,) when and where it shall behoove him, and the damages and whatsoever else he ought to defend."

Full defense
In common-law practice, a defense made by the formula "he comes and defends the force and injury when and where it shall behoove him, the damages, and whatever else he ought to defend". Opposed, half-defense: made by the words "he comes and defends the force and injury, and says, etc." 3 Bl. Com. 298.

Full faith and credit
In the conflict of laws, the principle of "full faith and credit" requires courts in one jurisdiction in a federal State to recognize and enforce the laws and court judgments of other jurisdictions within the same State.

Fully paid
In relation to a company, when a share is issued, the person applying for it must pay to the company, in cash or equivalent value, the amount of its nominal value together with any premium required by the company. Shares are fully paid when the whole amount has been received by the company. Shares may also be issued on the basis that only part of their price is to be paid at the outset with the remainder being required when called for by the company.

Function

Functional interest analysis
Arthur Taylor von Mehren (supra) and Donald T. Trautman introduced a method of weighing governmental interest, unlike the lex fori rule advocated in Currie's governmental interest analysis. Von Mehren and Trautman called their approach "functional interest analysis", and listed the criteria to be considered when weighing one government's interest against the other. The law to apply using functional analysis would be the law of the jurisdiction with the greatest weight. Multijurisdictional rules were advocated where weighing did not provide a solution.

Functionary
One who is in office or in some public employment.

Functus officio
This term is applied to something which once had life and power, but which now has no virtue whatsoever; as, for example, a warrant of attorney on which a judgment has been entered, is, functus officio, and a second judgment, cannot be entered by virtue of its authority. When arbitrators cannot agree and choose an umpire, they are said to be functi officio. If a bill of exchange be sent to the drawee, and he passes it to the credit of the holder, it is functus officio, and cannot be further negotiated. When an agent has completed the business with which he was entrusted,.his agency is functus officio.

Fundamental
This word is applied to those laws which are the foundation of society. Those laws by which the exercise of power is restrained and regulated, are fundamental. The Constitution of the United States is the fundamental law of the land.

Fundamental breach
A common law principle first developed in English decisions in the 1930's, which became very popular in the U.K. and British Commonwealth jurisdictions in the 1960's, prior to the enactment of consumer protection legislation. By virtue of this doctrine, a party who had committed an intentional breach of contract so serious as to "go to the root of the contract", depriving the other contracting party of substantially the whole benefit of the contract, was held to have fundamentally breached the contract and was consequently deprived of the protection of limitation and exception clauses in the contract.

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This dictionary contains 8526 terms.







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