Archive | F RSS feed for this section

FACERE

Lat. To do; to make. Thus, facere defaltam, to make default; facereduellum, to make the duel, or make or do battle; facere fincm, to make or pay a fine;facere legem, to make one's law; facere sa- eramcntum, to make oath.

Comments are closed

FACIAS

That you cause. Occurring in the phrases "scire facias," (that you cause toknow,) "fieri facias," (that you cause to be made,) etc.

Comments are closed

FACIENDO

In doing or paying; in some activity.

Comments are closed

FACIES

Lat The face or countenance; the exterior appearance or view; hence, contemplationor study of a thing oil its external or apparent side. Thus, prima facie meansat the first inspection, on a preliminary or exterior scrutiny. When we speak of a "primafacie case," we mean one which, on its own showing, on a first examination, or withoutinvestigating any alleged defenses, is apparently good and maintainable.

Comments are closed

FACILE

In Scotch law. Easily persuaded ; easily imposed upon. Bell.

Comments are closed

FACILITATING AGENT

A party that gives services like transporting or warehousing. It doesn't hadle paperwork.

Comments are closed

FACILITATION PAYMENT

A payment to an official to get approval for business activities. It can be an unofficial fees not a bribe.

Comments are closed

FACILITATOR

A party that helps calm issues but doesn't offer any content to a project.

Comments are closed

FACILITIES

This name was formerly given to certain notes of some of the banks inthe state of Connecticut, which were made payable in two years after the close of thewar of 1812. Springfield Bank v. Merrick, 14 Mass. 322.

Comments are closed

FACILITY

In Scotch law. Pliancy of disposition. Bell.Facinns quoa inquinat sequat. Guilt makes equal those whom it stains.

Comments are closed

FACILITY MANAGEMENT

The operation, maintenance, and security of a place of business done by an external party.

Comments are closed

FACILITY OF PAYMENT CLAUSE

A rule in life insurance that lets the insurer pay some proceeds to a relative that is entitled to the policy. It minimizes legal costs on estates.

Comments are closed

FACILITY TAKEOVER

Identity theft involving impersonating another party to get financial information via mail.

Comments are closed

FACIO UT DES

(Lat. I do that you may give.) A species of contract in the civil law(being one of the innominate contracts) which occurs when a man agrees to performanything for a price either specifically mentioned or left to the determination of the lawto set a value on it; as when a servant hires himself to his master for certain wages oran agreed sum of money. 2 BL Comm. 445.

Comments are closed

FACIO UT FACIAS

(Lat. I do that you may do.) A species of contract in the civil law(being one of the innominate contracts) which occurs when I agree with a man to dohis work for him if he will do mine for me; or If two persons agree to marry together, orto do any other positive acts on both sides; or it may be to forbear on one side inconsideration of something done on the other. 2 Bl. Comm. 444.

Comments are closed

FACSIMILE

An exact copy, preserving all the marks of the original.

Comments are closed

FACSIMILE PROBATE

In England. where the construction of a will may be affected by the appearance of the original paper,the court will order the probate to pass in fac simile, as it may possibly help toshow the meauing of the testator. 1 Williams, Ex'rs, (7th Ed.) 331, 386, 506.

Comments are closed

FACT

A thing done; an action performed or an Incident transpiring; an event or circumstance; an actual occurrence. In the earlier days of the law “fact” was used almost exclusively in the sense of “action”or “deed;” but, although this usage survives, in some such phrases as “accessary before the fact,” it lias now acquired the broader meaning given above.A fact is either a state of things, that is, an existence, or a motion, that is, an event.1 Benth. Jud. Ev. 48.In the law of evidence. A circumstance, event or occurrence as it actually takes or took place; a physical object or appearance, as it actually exists or existed. An actual and absolute reality, as distinguished from mere supposition or opinion; a truth, as distinguished from fiction or error. Burrill, Circ. Ev. 218.”Fact” is very frequently used in opposition or contrast to “law.” Thus, questions offact are for the jury ; questions of law for the court. So an attorney at laic is an officer of the courts of justice; an attorney in fact is appointed by the written authorization of a principal to manage business affairs usually not professional. Fraud in fact consists in an actual intention to defraud, carried into effect; while fraud imputed by law arises from the man’s conduct in its necessary relations and consequences.The word is much used in phrases which contrast it with law. Law is a principle; factis an event Law is conceived; fact is actual. Law is a rule of duty; fact is that which has been according to or in contravention of the rule. The distinction is well illustrated in  the rule that the existence of foreign laws is matter of fact. Within the territory of its  jurisdiction, law operates as an obligatory rule which judges must recognize and enforce; but, in a tribunal outside that jurisdiction, it loses its obligatory force and its claim to judicial notice. The fact that it exists, if important to the rights of parties, must be alleged and proved the same as the actual existence of any other institution. Abbott. The terms “fact” and “truth” are often used in common parlance as synonymous,but as employed in reference to pleading, they are widely different. A fact in pleading is a circumstance, act, event, or incident; a truth Is the legal principle which declares or governs the facts and their operative effect. Admitting the facts stated in a complaint the truth may be that the plaintiff is not entitled, upon the face of his complaint to what the claims. The mode in which a defendant sets up that truth for his protection is a demurrer. Drake v. Cockroft, 4 E. D. Smith (N. Y.) 37.

Comments are closed

FACT FINDING

A stage where an inquiry is made and a report is given about an investigation.

Comments are closed

FACT-FINDING BODY

This term applies to a group of people who are authorised to find the true facts in a matter.

Comments are closed