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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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DE FACTO
In fact, in deed, actually. This phrase is used to characterize an officer, a government a past action, or a state of affairs which exists actually and must be accepted for all practical purposes, but which is illegal or illegitimate. In this sense it is the contrary of de jure, More...

In fact, in deed, actually. This phrase is used to characterize an officer, a government a past action, or a state of affairs which exists actually and must be accepted for all practical purposes, but which is illegal or illegitimate. In this sense it is the contrary of de jure, which means rightful, legitimate, Just, or constitutional. Thus, an officer, king, or government de facto is one who is in actual possession of the office or supreme power, but by usurpation, or without respect to lawful title; while an officer, king, or governor de jure is one who has just claim and rightful title to the office or power, but who has never had plenary possession of the same, or is not now in actual possession. 4 Bl. Comm. 77, 78. ?o a wife de facto is one whose marriage is voidable by decree, as distinguished from a wife de jure, or lawful wife. 4 Kent Comm. 36. But the term is also frequently used independently of any distinction from dc jure; thus a blockade de facto is a blockade which is actually maintained, as distinguished from a mere paper blockade. As to de facto "Corporation," "Court," "Domicile," "Government," and "Officer," see those titles. In old English law. De facto means respecting or concerning the principal act of a murder, which was technically denominated factum. See Fleta, lib. 1, c. 27, f 18. -De facto contract. One which has purported to pass the property from the owner to another. Bank v. Logan, 74 N. Y. 575; Edmunds v. Transp. Co., 135 Mass. 283. Less...
DE FAIRE ECHELLE
In French law. A clause commonly Inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend. (tf. Y.) 491.

In French law. A clause commonly Inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend. (tf. Y.) 491. Less...
DE FALSO JUDICIO
Writ of false judgment. Reg. Orig. 15; Fitzh. Nat Brev. 18. See FALSE JUDGMENT.

Writ of false judgment. Reg. Orig. 15; Fitzh. Nat Brev. 18. See FALSE JUDGMENT. Less...
DE FALSO MONETA
Of false money. The title of the statute 27 Edw. I. ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everything they could forfeit. 2 Reeve, Eng. Law, 228, 229. De fide et officio judicis non reeipltnr qus&stio, sed de scientist life More...

Of false money. The title of the statute 27 Edw. I. ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everything they could forfeit. 2 Reeve, Eng. Law, 228, 229. De fide et officio judicis non reeipltnr qus&stio, sed de scientist life sit error juris, site faotl. Concerning tbe fidelity and official conduct of a judge, no question la [will be] entertained; but [only] concerning his knowledge, whether the error [committed] be of law or of fact Bac. Max. 68, reg. 17. The bona fides and honesty of purpose of a judge cannot be questioned, but his decision may be impugned for error either of law or fact. Broom, Max. 85. The law doth so much respect the certainty of judgments, and the credit and authority of judges, that it will not permit any error to be assigned which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either of the law, or of the case and matter of fact. Bac Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict for* the plaintiff, where the jury gave it for the defendant. Fitzh. Nat Brev. 20, 21; Bac. Max. ubi supra; Hardr. 127, arg. Less...
DE FIDEI LAESIONE
Of breach of faith or fidelity. 4 Reeve, Eng. Law, 09.

Of breach of faith or fidelity. 4 Reeve, Eng. Law, 09. Less...
DE FINE FORCE
L. Fr. Of necessity; of pure necessity. See FINE FORCE.

L. Fr. Of necessity; of pure necessity. See FINE FORCE. Less...
DE FINE NON CAPIENDO PRO PULCHRE PLACITANDO
A writ prohibiting the taking of fines for beau pleader. Reg: Orig. 179.

A writ prohibiting the taking of fines for beau pleader. Reg: Orig. 179. Less...
DE FINE PRO REDISSEISINA CAPIENDO
A writ which lay for the release of one imprisoned for a re-disseisin, on payment of a reasonable fine. Reg. Orig. 222b.

A writ which lay for the release of one imprisoned for a re-disseisin, on payment of a reasonable fine. Reg. Orig. 222b. Less...
DE FINIBUS LEVATIS
Concerning fines levied. The title of the statute 27 Edw. I. requiring fines thereafter to be levied, to be read openly and solemnly In court. 2 Inst 521.

Concerning fines levied. The title of the statute 27 Edw. I. requiring fines thereafter to be levied, to be read openly and solemnly In court. 2 Inst 521. Less...
DE FORISFACTURA MARITAGII
Writ of forfeiture of marriage. Reg. Orig. 163, 164.

Writ of forfeiture of marriage. Reg. Orig. 163, 164. Less...

Showing 190 of 1146

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