Legal Term Dictionary

In a general sense, deficiency, want or lack; ineffectualness; inefficiency as measured by some legal standard; an unsuccessful attempt. White v. Pettijohn, 23 N. C. 55; State v. Butler, 81 Minn. 103, 83 N. W. 483; Andrews v. Keep, 38 Ala. 317. In commercial law, the suspension or abandonment of More...

In a general sense, deficiency, want or lack; ineffectualness; inefficiency as measured by some legal standard; an unsuccessful attempt. White v. Pettijohn, 23 N. C. 55; State v. Butler, 81 Minn. 103, 83 N. W. 483; Andrews v. Keep, 38 Ala. 317. In commercial law, the suspension or abandonment of business by a merchant, manufacturer, bank, etc., in consequence of insolvency. American Credit Indemnity Co. v. Carrolton Furniture Mfg. Co., 95 Fed. 115, 36 C. C. A. 671; Terry v. Caiman, 13 S. C. 220; State v. Lewis, 42 La. Ann. 847, 8 South. 602. -Failure of consideration. As applied to notes, contracts, conveyances, etc., this term does not mean a want of consideration, but implies that a consideration, originally existing and good, has since become worthless or has ceased to exist or been extinguished, partially or entirely. Shirk v. Neible, 156 Ind. 66, 59 N. E. 281, 83 Am. St Rep. 150; Crouch v. Davis, 23 Grat. (Va.) 75; Williamson v. Cline. 40 W. Va. 194, 20 S. E. 920.-Failure of evidence. Judicially speaking, a total "failure of evidence" means not only the utter absence of all evidence, but it also means a failure to offer proof, either positive or inferential, to establish one or more of the many facts, the establishment of all of which is indispensable to the finding of the issue for the plaintiff. Cole v. Hebb, 7 Gill & J. (Md.) 28.-Failure of issue. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in the case where there is a devise to one, but if he dies without issue or lawful issue living at the time of his death, etc. An indefinite failure of issue is the period when the issue or descendants of the first taker shall become extinct, and when there is no longer any issue of the issue of the grantee, without reference to any particular time or any particular event. Huxford v. Mil-ligan, 50 Ind. 546; Vaughan v. Dickes, 20 Pa, 514; Parkhurst v. Harrower, 142 Pa. 432, 21 Atl. 826, 24 Am. St. Rep. 507; Hackney v. Tracv, 137 Pa. 53, 20 Atl. 560; Woodlief v. Duckwall, 19 Ohio Cir. Ct. R. 564.-Failure of justice. The defeat of a particular right, or the failure of reparation for a particular wrong, from the lack of a legal remedy for the enforcement of the one or the redress of the other.-Failure of record. Failure of the defendant to produce a record which he has alleged and relied on in his plea.-Failure of title. The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted to sell -Failure of trust. The lapsing or non-efficiency of a proposed trust, by reason of the defect or insufficiency of the deed or instrument creating it, or on account of illegality, indefiniteness, or other legal impediment. Less...

In old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true; a false action was properly where the words of the writ were false. Litt. f 689; Co. Litt. 361.

In old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true; a false action was properly where the words of the writ were false. Litt. f 689; Co. Litt. 361. Less...

A fraudulent, false, or collusive manner of pleading to the deception of a third person.

A fraudulent, false, or collusive manner of pleading to the deception of a third person. Less...

n. In English law. A greater species of market; a privileged market. It is an incorporeal hereditament, granted by royal patent, or established by prescription presupposing a grant from the crown. In the earlier English law, the franchise to hold a fair conferred certain important privileges; and fairs, as legally More...

n. In English law. A greater species of market; a privileged market. It is an incorporeal hereditament, granted by royal patent, or established by prescription presupposing a grant from the crown. In the earlier English law, the franchise to hold a fair conferred certain important privileges; and fairs, as legally recognized institutions, possessed distinctive legal characteristics. Most of these privileges and characteristics, however, are now obsolete. In America, fairs, in the ancient technical sense, are unknown, and, in the modern and popular sense, they are entirely voluntary and non-legal, and transactions arising in or in connection with them are subject to the ordinary rules governing sales, etc. Less...

adj. Just; equitable; even-handed ; equal, as between conflicting interests. -Fair abridgment. In copyright law. An abridgment consisting not merely in the arrangement of excerpts, but one involving real and substantial condensation of the materials by the exercise of intellectual labor and judgment. Folsom v. Marsh. 9 Fed. Cas. 345.- More...

adj. Just; equitable; even-handed ; equal, as between conflicting interests. -Fair abridgment. In copyright law. An abridgment consisting not merely in the arrangement of excerpts, but one involving real and substantial condensation of the materials by the exercise of intellectual labor and judgment. Folsom v. Marsh. 9 Fed. Cas. 345.- Fair consideration. In bankruptcy law. One which is honest or free from suspicion, or one actually valuable, but not necessarily adequate or a full equivalent. Myers v. Fulcs, 124 Iowa, 437, 100 N. W. 351.-Fair-play men. A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77; 2 Smith, Laws Pa. 195.-Fair pleader. See BEAU-PLEADER.-Fair preponderance. In the law of evidence. Such a superiority of the evidence on one side that the fact of its outweighing the evidence on the other side can be perceived if the whole evidence is fairly considered. Bryan v. Railroad Co., 63 Iowa, 464, 19 N. W. 295; State v. Grear. 29 Minn. 225. 13 N. W. 140.-Fair sale. In foreclosure and other judicial proceedings, this means a sale conducted with fairness and impartiality as respects the rights and interests of the parties affected. Lalor v. McCarthy, 24 Minn. 419.-Fair trial. One conducted according to due course of law; a trial before a competent and impartial jury. Railroad Co. v. Cook. 37 Neb. 435, 55 N. W. 943; Railroad Co. v. Gardner, 19 Minn. 136 (Gil. 99), 18 Am. Rep. 334. Less...

Justly; rightly; equitably. With substantial correctness. "Fairly" is not synonymous with "truly," and "truly" should not be substituted for it in a commissioner's oath to take testimony fairly. Language may be truly, yet unfairly, reported; that is, an answer may be truly written down, yet in a manner conveying a More...

Justly; rightly; equitably. With substantial correctness. "Fairly" is not synonymous with "truly," and "truly" should not be substituted for it in a commissioner's oath to take testimony fairly. Language may be truly, yet unfairly, reported; that is, an answer may be truly written down, yet in a manner conveying a different meaning from that intended and conveyed. And language may be fairly reported, yet not in accordance with strict truth. Lawrence v. Finch, 17 N. J. Eq. 234. Less...

L. Fr. Anything done. A deed; act; fact. A deed lawfully executed. Com. Dig. Feme de fait. A wife de facto.

L. Fr. Anything done. A deed; act; fact. A deed lawfully executed. Com. Dig. Feme de fait. A wife de facto. Less...

A deed enrolled, as a bargain and sale of freeholds. 1 Keb. 568.

A deed enrolled, as a bargain and sale of freeholds. 1 Keb. 568. Less...

In French law. A juridical fact. One of the factors or elements constitutive of an obligation.

In French law. A juridical fact. One of the factors or elements constitutive of an obligation. Less...

1. Confidence; credit; reliance. Thus, an act may be said to be done "on the faith" of certain representations. 2. Belief; credence; trust. Thus, the constitution provides that "full faith and credit" shall be given to the judgments of each state in the courts of the others. 3. Purpose; intent; More...

1. Confidence; credit; reliance. Thus, an act may be said to be done "on the faith" of certain representations. 2. Belief; credence; trust. Thus, the constitution provides that "full faith and credit" shall be given to the judgments of each state in the courts of the others. 3. Purpose; intent; sincerity; state of knowledge or design. This is the meaning of the word in the phrases "good faith" and "bad faith." In Scotch law. A solemn pledge; an oath. "To make faith" is to swear, with the right hand uplifted, that one will declare the truth. 1 Forb. Inst pt 4, p. 235. Less...