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| This dictionary contains: 8526 juridical terms |
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Functional interest analysis
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Functional interest analysisArthur 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.
RELATED TERMS--------------------------------------
Method
The mode of operating or the means of attaining an object.
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.
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
Were
The name of a fine among the Saxons imposed upon a murderer
Solution
Civil law. Payment.
SIMILAR TERMS--------------------------------------
Function
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.
Functional interest analysis
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.
Funded debt
That part of the national debt for which certain funds are appropriated towards the payment of the interest.
RELATED TERMS--------------------------------------
Method
The mode of operating or the means of attaining an object.
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.
Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.
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.
Jurisdiction
Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
Were
The name of a fine among the Saxons imposed upon a murderer
Solution
Civil law. Payment.
SIMILAR TERMS--------------------------------------
Function
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Office. Properly, the occupation of an office; by the performance of its duties, the officer is said to fill his function.
Functional interest analysis
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.
Funded debt
That part of the national debt for which certain funds are appropriated towards the payment of the interest.
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This dictionary contains 8526 terms.
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