The Law Dictionary

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FORTIOR Definition & Legal Meaning

Definition & Citations:

Lat. Stronger. A term applied, in the law of evidence, to that species ofpresumption, arising from facts shown in evidence, which Is strong enough to shift theburden of proof to the opposite party. Burrill, Circ. Ev. 04, 00.Fortior est custodia legis quam hom- inis. 2 Itolle, 325. The custody of the law isstronger than that of man.Fortior et potentior est dispositio legis quam bominis. The disposition of the law is ofgreater force and effect than that of man. Co. Litt. 234a; Shep. Touch. 302; 15 East,17S. The law in some cases overrides the will of the individual, and renders ineffectiveor futile his expressed intention or contract. Broom, Max. 697.


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