FACT IN A TRIAL the principle objective or target in a trial or any legalproceeding . In fact, the judge has the duty to analyze the proofs submitted by both parties with the aim to discovery the reality of the facts . From latin ” factus ” = done, made.
FALSE ARREST physical seizure of a person without lawful authority .From latin ” “falsus ” = mistake, error / ” ad ” = according to ” / ” restare ” = to stop oneself . Therefore, in figurative sense, means to stop an action made by oneself according the law.
FALSE PRETENSES ASPERSION crime consisting of a untruerepresentation of a past or present fact , well knowing the untrueness of all the matter. From latin ” falsus ” = mistake, error, untrue / ” praetensus ” = showed, exhibited. Therefore, in figurative sense, the untrue exhibition of a fact.
FAMILY LAW law’s area dealing with marital relations, marriage, divorce,custody, adoption and others matters concerning with the domestic affairs. From latin “familia” = domestic , intimity.
FEDERAL GOVERNMENT central government authority in a territorialdivision formed by a union of singular states or other kinds of territorial division. From latin “foederatus ” = allied, partecipating to an alliance / ” gubernare ” = to drive a ship, to lead a ship . The ship , in figurative sense,represents a country, a nation.
FELONY an heavy crime as for example robbery or rape involving thepunishment of imprisonment for a long period. Two possible and unascertained origins of this term. First, from latin ” felleus ” = full of bitterness. Here in the figurative sense , means the bitterness that this kind of crim left in the people’s soul. Second, from latin ” felinus ” = of a wild cat. Here, ever in figurative sense, would be meanings the ferocity used in the crime, as a behaviour of wild cat.
FETICIDE criminal abortion . From latin “ fetus ” = pregnant / “ accidere “= to cut down, to weaken.
FIDELITY BOND indeminty awarded by insurance company to the insuredparty in case of dishonesty, breach of trust or negligence of a company clerk . From latin “fidelitas ” = reliability , fairness . (Here is about to clerk’s fidelity to the company. In fact, even today, in italian modern language, the golden ring dressed by a marriaged couple is called ” fede ” , meanings the trustfulness ).
FIDUCIARY AGREEMENT settlement involving and operating betweentwo or more persons, meanings a relationship founded on the trust. From latin ” fiducia ” = certainty, confidence, familiarity.
FILIATION PROCEEDING judicial proceedings used to establish thepaternity or maternity of a child, there fore the natural relationship between children and parents . From latin ” filia ” = daughter / ” filius ” = son.
FINE TO PAY sum of money, paid as a penalty , by the losing party in a civillitigation. From latin ” finis ” = termination, reached target. Here , in figurative sense, means that at the termination or the end of a trial, must to be paid a sum of money by the losing party.
FISCAL PERIOD range of time pertaining a business taxation, a private orpublic financing . From latin ” fiscus ” = the treasury of the prince. Here, in figurative sense, the prince represents the state’s power to impose a taxation, and the money collected, are incoming insinde him treasury. In the middle age, the ” fiscus “ was a can brought around the kingdom by a king’s clerk that, home by home , asked to the people to put a sum of money ( the tax ) inside this.
FIXTURE OF REAL PROPERTY anything which is physically attached toa real property and becoming its permanent part (eg : a backyard or a carbox of an house ) . From latin ” affixum ” = stuck , attached.
FLAGRANTE CRIME offence watched or discovered by police in themeanwhile of its acting. From latin ” flagrantia ” = heat, very hot . Here in figurative sense, meanings that the fact concerning the offence has been discovered when is yet hot .
FORCE MAJESTURE an event or fact to whom is impossible to resist by anhuman being , usually called ” action of god ” ( eg: earthquakes , floods ). From latin ” fortis” = strong / ” maior ” = bigger / ” statio ” = position. Therefore, in figurative sense, the bursting out of a force bigger than a human being force.
FORECLOSURE judicial sale order issued by a lawcourt, usually to apply tothe cost of the proceeding or to liquidate the mortgage. From latin ” fores ” = door / ” clasus ” = closed . Therefore, literally would be ” fore clausus ” = closed outdoor. In figurative sense, this term represents an house’s owner that, after the auction and the sale of his house, remains out of the door.
FORENSIC MEDICINE discipline which relates all of medicine to the needsand purposes of the law, as for example the collection of medical data submitted to the lawcourt and examined both in civil and criminal trial. From latin ” forum ” = tribunal / ” sic ” = so, in this way. Therefore , a matter put in this way under lawcourt examination.
FORFEITURE losing a right or privilege in consequences or some action orlack of performance as for example a breach of contract , failure of appearance in lawcourt . In the criminal law , the forfeiture is also meaning the seizure of real assets as punishment due to committal of a crime . From latin ” foris ” = out , removal / ” facere ” = to cause . Here, in figurative sense , involving the removal of a good from the former owner. Also is possibly coming from ” forfex ” = scissors. Here in the figurative sense, the scissors are cutting therelationship between the real estate and the owner.
FORTUITOUS EVENT fact happened accidentally , not voluntarily . Fromlatin “fortuitous” = casual , accidental (composed term by words ” forte ” = by chance, at random / ” tuitio ” = entrusted ). In figurative sense , means to rely an event at random.
FORUM SELECTION stipulation inside a contract involving an agreementbetween the parties of the contract. This stipulation states the competent jurisdiction in the eventuality of dispute about the contract . From latin ” forum ” = lawcourt, tribunal / “selectus ” = chosen .
FOUNDATION organization established for charitable or educational orsocial purposes (eg: a lot of museums or schools are supported by foundations). From latin “fundare“= to pay . Also from latin ” fundus ” = farm, land / ” datio ” = to confer, gift . The reason is because in old roman empire, the rich families having a lot of land, gave them as a gift to support the farmer activity.
FRATERNAL SOCIETY organization created by small number of memberswith common purposes or benefit , usually for charitable purposes. From latin ” frater ” = brother. Here, in the figurate sense, is meaning the tie and trust among brothers in a family.
FRAUDULENT CONDUCT a criminal action thought for the deceiving ormisleading a subject, or a false representation of material fact also by means of concealment. From latin ” fraudare ” to cheat , to decept , to make a tangle / ” lentus ” = lasting , enduring. Therefore, a deceptive conduct enduring a period , a lasting and repeated deceptive conduct.
FRIVOLOUS DOCUMENT a legal document such appeal or briefcontaining a matter , an arugument or a claim or request evidently false or without merit. From latin “frivolous” = worthless.
FRUSTRATION OF PURPOSE condition used in contract law to define asupervening or unforeseeable event which completely defeats the purpose pushing the parts to enter in to the contract . From latin ” frustratio ” = mistakenly . There fore, the parts involved in a contract, would not be involved if they knew this event, and therefore they were falling in a mistake.
FUGITIVE OFFENDER a person running away to avoid a trial, an arrest orimprisonment. From latin ” fugitare ” = to avoid.
FUNCTIONARY public clerk having a public function. From latin “ functio” = function, execution of task ” narrare ” = to describe. Therefore a job position describing a function , or a duty to perform a task.
FUND an amount of money dedicated for a specific purpose for example acapital investment with the aim to gain the interests. From latin ” fundus ” = ground , land. Here in the figurative sense, a farmer , before to begin the activity needs a land, because without its, he can not plants any seed.
FUNDAMENTAL RIGHTS individual rights supported by theconstitutional provisions . From latin ” fundus ” : farm . Here , in figurative sense, the land is the constitution (the ” lex legum ” = the law of the laws, over the other laws, the fundamental law) , and the crops are the laws, secondary sources of right.
FUNGIBLE GOODS object being of the same quality of another objecthaving the same general nature and not distinguishable from it (eg: a basket of apples).From latin “fungi ” = to perform, to fulfil / ” abilis ” = to be able to . In fact, for example, if the object of performance is a delivery of a basket of apples, whatever will be the apples, if them have been cropped in a farm or other farm , but the important is that will be apples. Therefore, a basket filled with apples (any apples) is proper to fulfil the performance .
FUTURES CONTRACT contract traded on commodities exchange involvinga delivery of commodities at an exact future date and at fixed price. From latin ” futurus ” = future thing , something that will be existing.