Legal Term Dictionary

In feudal law. Fidelity; allegiance to the feudal lord of the manor; the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord, and render him obedience and service. See De Peyster v. Michael, 6 N. Y. 497, 57 More...

In feudal law. Fidelity; allegiance to the feudal lord of the manor; the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord, and render him obedience and service. See De Peyster v. Michael, 6 N. Y. 497, 57 Am. Dec. 470. Fealty signifies fidelity. The phrase "feal and leal" meaning simply "faithful and loyal." Tenants by knights' service and also tenants in socage were required to take an oath of fealty to the king or others, their immediate lords; and fealty was one of the conditions of their tenure, the breach of which operated a forfeiture of their estates. Brown. Although foreign jurists consider fealty and homage as convertible terms, because in some continental countries they are blended so as to form one engagement, yet they are not to be confounded in our country, for they do not imply the same thing, homage being, the acknowledgment of tenure, and fealty, the vassal oath of fidelity, being the essential feudal bond, and the animating principle of a feud, without which it could not subsist. Wharton. Less...

Apprehension of harm. Apprehension of harm or punishment, as exhibited by outward and visible marks of emotion. An evidence of guilt in certain cases. See Burrill, Circ. Ev. 476.

Apprehension of harm. Apprehension of harm or punishment, as exhibited by outward and visible marks of emotion. An evidence of guilt in certain cases. See Burrill, Circ. Ev. 476. Less...

A doing; the doing of an act. See MALFEASANCE; MISFEASANCE; NONFEASANCE. A making; tbe making of an indenture, release, or obligation. Litt s 371; Dyer, (Fr. Ed.) 56b. The making of a statute. Kellw. lb.

A doing; the doing of an act. See MALFEASANCE; MISFEASANCE; NONFEASANCE. A making; tbe making of an indenture, release, or obligation. Litt s 371; Dyer, (Fr. Ed.) 56b. The making of a statute. Kellw. lb. Less...

Doing, or making, as, in the term "damage feasant," (doing damage or injury,) spoken of cattle straying upon another's land.

Doing, or making, as, in the term "damage feasant," (doing damage or injury,) spoken of cattle straying upon another's land. Less...

Doer; maker. Feasors del estatute, makers of the statute. Dyer, 3b. Also used in the compound term, "tort-feasor," one who commits or is guilty of a tort.

Doer; maker. Feasors del estatute, makers of the statute. Dyer, 3b. Also used in the compound term, "tort-feasor," one who commits or is guilty of a tort. Less...

Certain established festivals or holidays in the ecclesiastical calendar. These days were anciently used as the dates of legal instruments, and in England the quarter-days, for paying rent, are four feast-days. The terms of the courts, in England, before 1875, were fixed to begin on certain days determined with reference More...

Certain established festivals or holidays in the ecclesiastical calendar. These days were anciently used as the dates of legal instruments, and in England the quarter-days, for paying rent, are four feast-days. The terms of the courts, in England, before 1875, were fixed to begin on certain days determined with reference to the occurrence of four of the chief feasts. Less...

The nearest approach to a system of international law known to the ancient world. It was a branch of Roman jurisprudence, concerned with embassies, declarations of war, and treaties of peace. It received this name from the feciales, (q. v.,) who were charged with its administration.

The nearest approach to a system of international law known to the ancient world. It was a branch of Roman jurisprudence, concerned with embassies, declarations of war, and treaties of peace. It received this name from the feciales, (q. v.,) who were charged with its administration. Less...

Among the ancient Romans, that order of priests who discharged the duties of ambassadors. Subsequently their duties appear to have related more particularly to the declaring war and peace. Calvin.; 1 Kent Comm. 6.

Among the ancient Romans, that order of priests who discharged the duties of ambassadors. Subsequently their duties appear to have related more particularly to the declaring war and peace. Calvin.; 1 Kent Comm. 6. Less...

In constitutional law. A term commonly used to express a league or compact between two or more states. In American law. Belonging to the general government or union of the states. Founded on or organized under the constitution or laws of the United States. The United States has been generally More...

In constitutional law. A term commonly used to express a league or compact between two or more states. In American law. Belonging to the general government or union of the states. Founded on or organized under the constitution or laws of the United States. The United States has been generally styled, in American political and judicial writings, a "federal government." Tbe term has not been imposed by any specific constitutional authority, but only expresses the general sense and opinion upon the nature of the form of government. In recent years, there is observable a disposition to employ the term "national" in speaking of the government of the Union. Neither word settles anything as to the nature or powers of the government. "Federal" is somewhat more appropriate if the government is considered a union of tbe states; "national" is preferable if the view is adopted that the state governments and tbe Union are two distinct systems, each established by the people directly, one for local and the other for national purposes. See United States v. Cruikshank, 92 U. S. 542, 23 L. Ed. 588; Abbott -Federal courts. The courts of the United States. See COURTS OF THE UNITED STATES. -Federal government. The system of government administered in a state formed by the union or confederation of several independent or quasi independent states; also the composite state so formed. In strict usage, there is a distinction between a confederation and a federal government. The former term denotes a league or permanent alliance between several states, each of which is fully sovereign and independent, and each of which retains its full dignity, organization, and sovereignty, though yielding to the central authority a controlling power for a few limited purposes, such as external and diplomatic relations. In this case, the component states are the units, with respect to the confederation, and the central government acts upon them, not upon the individual citizens. In a federal government, on the other hand, the allied states form a union,- not, indeed, to such an extent as to destroy their separate organization or deprive them of quasi sovereignty with respect to the administration of their purely local concerns, but so that the central power is erected into a true state or nation, possessing sovereignty both external and internal,-while the administration of national affairs is directed, and its effects felt, not by the separate states deliberating as units, but by the people of all, in their collective capacity, as citizens of the nation. The distinction is expressed, by the German, writers, by the use of the two words "Staatenbund" and "Bundesstaat;" the former denoting a league or confederation of states, and the latter a federal government, or state formed by means of a league or confederation.-Federal question. Cases arising under tbe constitution of the United States, acts of congress, or treaties, and involving their interpretation or application, and of which jurisdiction is given to the federal courts, are commonly described by the legal profession as cases involving a "federal question." In re Sievers (D. C.) 91 Fed. 872; U. S. v. Douglas, 113 N. C. 190, 18 S. B. 202; Williams v. Bruffy, 102 U. S. 248, 26 L. Dd. 135. Less...

1. A freehold estate in lands, held of a superior lord, as a reward for services, and on condition of rendering some service in return for it. The true meaning of the word "fee" is the same as that of "feud" or "fief," and in its original sense it is More...

1. A freehold estate in lands, held of a superior lord, as a reward for services, and on condition of rendering some service in return for it. The true meaning of the word "fee" is the same as that of "feud" or "fief," and in its original sense it is taken in contradistinction to "allodium," which latter is defined as a man's own land, which he possesses merely in his own right, without owing any rent or service to any superior. 2 Bl. Comm. 105. See Wendell v. Crandall, 1 N. Y. 491. In modern English tenures, "fee" signifies an estate of inheritance, being the highest and most extensive interest which a man can have in a feud; and when the term is used simply, without any adjunct, or in the form "fee-simple," it imports an absolute inheritance clear of any condition, limitation, or restriction to particular heirs, but descendible to the heirs general, male or female, lineal or collateral. 2 Bl. Comm. 106. -Base fee. A determinable or qualified fee; an estate having the nature of a fee, but not a fee simple absolute.-Conditional fee. An estate restrained to some particular heirs, exclusive of others, as to the heirs of a man's body, by which only his lineal descendants were admitted, in exclusion of collateral; or to the heirs male of his body, in exclusion of heirs female, whether lineal or collateral. It was called a "conditional fee," by reason of the condition expressed or implied in the donation of it that, if the donee died without such particular heirs, the land should revert to the donor. 2 Bl. Comm. 110; Kirk v. Furgerson, 6 Cold. (Tenn.) 483; Simmons v. Augustin, 3 Port. (Ala.) 60; Paterson v. Ellis, 11 Wend. (N. Y.) 277 ; Moody v. Walker, 3 Ark. 190; Halbert v. Halbert, 21 Mo. 281.-Determinable fee. (Also called a "qualified" or "base" fee.) One which has a qualification subjoined to it, and which must be determined whenever the qualification annexed to it is at an end. 2 Bl. Comm. 109. An estate in fee which is liable to be determined by some act or event expressed on its limitation to circumscribe its continuance, or inferred by law as bounding its extent. 1 Washb. Real Prop. 62; MicLane v. Bo-vee. 35 Wis. 36.-Fee damages. See DAMAGES.-Fee expectant. An estate where lands are given to a man and his wife, and the heirs of their bodies.-Fee simple. See that title.-Fee tail. See that title.-Great fee. In feudal law, this was the designation of a fee held directly from the crown.-Knight's fee. The determinate quantity of land, (held by an estate of inheritance,) or of annual income therefrom, which was sufficient to maintain a knight. Every man holding such a fee was obliged to be knighted, and attend the king in his wars for the space of forty days in the year, or pay a fine (called "escuage") for his non-compliance. The estate was estimated at 20 pounds a year, or, according to Coke, 680 acres. See 1 Bl. Comm. 404, 410 ; 2 Bl. Comm. 62; Co. Litt 69c-Limited fee. An estate of inheritance in lands, which is clogged, or confined with some sort of condition or qualification. Such estates are base or qualified fees, conditional fees, and fees-tail. The term is opposed to "fee-simple." 2 Bl. Comm. 109; Lott v. Wyckoff, 1 Barb. (N. Y.)575: Paterson v. Ellis, 11 Wend. (N. Y.) 259.-Plowman's fee. In old English law, this was a species of tenure peculiar to peasants or small farmers, somewhat like gavelkind, by which the lands descended in equal shares to all the sons of the tenant.-Qualified fee. In English law. A fee having a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end; otherwise termed a "base fee." 2 Bl. Comm. 109; 1 Steph. Comm. 225. An interest which may continue forever, but is liable to be determined, without the aid of a conveyance, by some act or event, circumscribing its continuance or extent. 4 Kent. Comm. 9; Moody v. Walker. 3 Ark. 190; U. S. v. Reese, 27 Fed. Cas. 744; Bryan v. Spires, 3 Brewst. (Pa.) 583.-Quasi fee. An estate gained by wrong; for wrong is unlimited and uncontained within rules. Wharton. 2. The word "fee" is also frequently used to denote the land which is held in fee. 3. The compass or circuit of a manor or lordship. Cowell. 4. In American law. A fee is an estate of inheritance without condition, belonging to the owner, and alienable by him, or transmissible to his heirs absolutely and simply. It is an absolute estate in perpetuity, and the largest possible estate a man can have, being, in fact, allodial in its nature. Earnest v. Little River Land, etc., Co., 109 Tenn. 427, 75 8. W. 1122; Phoenix v. Emigration Conors, 12 How. Prac (N. Y.) 10; United States Pipe-Line Co. v. Delaware, L. A W. R. Co., 62 N. Law, 254, 41 Atl. 759, 42 L. R. A. 572. 5. A reward, compensation, or wage given to one for the performance of official duties (clerk of court sheriff, etc.) or for professional services, as in the case of an attorney at law or a physician. -Contingent fee. A fee stipulated to be paid to an attorney for his services in conducting a suit or other forensic proceeding only in case he wins it; it may be a percentage of the amount recovered.-Docket fee. See DOCKET.-Fee-bill. A schedule of the fees to be charged by clerks of courts, sheriffs, or other officers, for each particular service in the line of their duties. Less...