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| This dictionary contains: 8526 juridical terms |
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Functus officio
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Functus officioThis 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.
RELATED TERMS--------------------------------------
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Life
The aggregate of the animal functions which resist death. Bichat.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Example
An example is a case put to illustrate a. principle.
Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
Attorney
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.
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.
Officio
EX. By virtue of one's office.
Second
A measure equal to one sixtieth part of a minute.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
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.
Umpire
A person selected by two or more arbitrators. When they are authorize to do so by the submission of the parties, and they cannot agree as to the subject-matter referred to them, whose duty it is to decide the matter in dispute. Sometimes the term is applied to a single arbitrator, selected by the parties themselves.
Said
Before mentioned.
Bill
1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty.
Drawee
A person to whom a bill of exchange is addressed, and who is requested to pay the amount of money therein mentioned.
Credit
Common law, contracts. The ability to borrow, on the opinion conceived by the lender that he will be repaid. This definition includes the effect and the immediate cause of credit. The debt due in consequence of such a contract is also called a credit; as, administrator of an the goods, chattels, effects and credits.
Holder
The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices.
Agent
An agent is a person who is authorised to carry out activities on behalf of his principal and to enter into commitments by which the principal will be bound. The term usually refers to a businessman who finds business for you and takes a commission.
SIMILAR TERMS--------------------------------------
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
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
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
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.
Funding system
English law. The name given to a plan which provides that on the creation of a public loan, funds shall immediately be formed, and secured by law, for the payment of the interest, until the state shall redeem the whole, and also for the gradual redemption of the capital itself. This gradual redemption of the capital is called the sinking of the debt, and the fund so appropriated is called the sinking fund.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
RELATED TERMS--------------------------------------
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Life
The aggregate of the animal functions which resist death. Bichat.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Example
An example is a case put to illustrate a. principle.
Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
Attorney
A graduate of an accredited law school and member in good standing of the Bar Association. Only attorneys can give legal advice.
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.
Officio
EX. By virtue of one's office.
Second
A measure equal to one sixtieth part of a minute.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
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.
Umpire
A person selected by two or more arbitrators. When they are authorize to do so by the submission of the parties, and they cannot agree as to the subject-matter referred to them, whose duty it is to decide the matter in dispute. Sometimes the term is applied to a single arbitrator, selected by the parties themselves.
Said
Before mentioned.
Bill
1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty.
Drawee
A person to whom a bill of exchange is addressed, and who is requested to pay the amount of money therein mentioned.
Credit
Common law, contracts. The ability to borrow, on the opinion conceived by the lender that he will be repaid. This definition includes the effect and the immediate cause of credit. The debt due in consequence of such a contract is also called a credit; as, administrator of an the goods, chattels, effects and credits.
Holder
The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices.
Agent
An agent is a person who is authorised to carry out activities on behalf of his principal and to enter into commitments by which the principal will be bound. The term usually refers to a businessman who finds business for you and takes a commission.
SIMILAR TERMS--------------------------------------
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
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
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
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.
Funding system
English law. The name given to a plan which provides that on the creation of a public loan, funds shall immediately be formed, and secured by law, for the payment of the interest, until the state shall redeem the whole, and also for the gradual redemption of the capital itself. This gradual redemption of the capital is called the sinking of the debt, and the fund so appropriated is called the sinking fund.
Funds
Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, A B has $1000 in the funds. By public funds is understood, the taxes, customs, &c . appropriated by the, government for the discharge of its obligations.
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This dictionary contains 8526 terms.
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