(单词翻译:单击)
FACTORAGE. The wages or allowances paid to a factor for his services; it is more usual to call this commissions. 1 Bouv. Inst. n. 1013; 2 Id. n. 1288.
FACTORY, Scotch1 law. A contract which partakes of a mandate2 and locatio ad operandum, and which is in the English and American law books discussed under the title of Principal and Agent. 1 Bell's Com. 259.
FACTUM. A deed. a man's own act and deed.
2. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. (q. v.) Vide Deed; Fait.
FACTUM, French law. A memoir3 which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions4, with the refutation of the means of the adverse5 party. Vide Brief.
FACULTY6, canon law. A license7; an authority. For example, the ordinary having the disposal of all seats in the nave8 of a church, may grant this power, which, when it is delegated, is called a faculty, to another.
2. Faculties9 are of two kinds; first, when the grant is to a man and his heirs in gross; second, when it is to a person and his heirs, as appurtenant to a house which he holds in the parish. 1 T. R. 429, 432; 12 Co. R. 106.
FACULTY, Scotch law. Equivalent to ability or pow-er. The term faculty is more properly applied10 to a power founded on the consent of the party from whom it springs, and not founded on property. Kames on Eq. 504.
FAILURE. A total defect; an omission11; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.
2. According to the French code of commerce, art. 437, every merchant or trader who suspends payment is in a state of failure. Vide Bankruptcy12; Insolvency13.
FAILURE, OF ISSUE. When there is a want of issue to take an estate limited over by an executory devise.
2. Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed14 by the will, as is the case of a devise to Peter, but if he dies without issue living at the time of his death, then to another, this is a failure of issue definite. An indefinite failure of issue is the very converse15 or opposite of this, and it signifies a general failure of issue, whenever it may happen, without fixing any time, or a certain or definite period, within which it must happen. 2 Bouv. Inst. n. 1849.
FAILURE OF RECORD. The neglect to produce the record after having pleaded it. When a defendant16 pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment17. Termes de lay Ley. See the form of entering it; 1 Saund. 92, n. 3.
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scotch
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| n.伤口,刻痕;苏格兰威士忌酒;v.粉碎,消灭,阻止;adj.苏格兰(人)的 | |
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mandate
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| n.托管地;命令,指示 | |
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memoir
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| n.[pl.]回忆录,自传;记事录 | |
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pretensions
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| 自称( pretension的名词复数 ); 自命不凡; 要求; 权力 | |
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adverse
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| adj.不利的;有害的;敌对的,不友好的 | |
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faculty
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| n.才能;学院,系;(学院或系的)全体教学人员 | |
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license
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| n.执照,许可证,特许;v.许可,特许 | |
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nave
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| n.教堂的中部;本堂 | |
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faculties
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| n.能力( faculty的名词复数 );全体教职员;技巧;院 | |
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applied
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| adj.应用的;v.应用,适用 | |
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omission
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| n.省略,删节;遗漏或省略的事物,冗长 | |
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bankruptcy
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| n.破产;无偿付能力 | |
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insolvency
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| n.无力偿付,破产 | |
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fixed
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| adj.固定的,不变的,准备好的;(计算机)固定的 | |
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converse
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| vi.谈话,谈天,闲聊;adv.相反的,相反 | |
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defendant
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| n.被告;adj.处于被告地位的 | |
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judgment
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| n.审判;判断力,识别力,看法,意见 | |
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