factum

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Blacks Law Dictionary, 1st Edition, pages 470-471:

FACTUM. Lat. In old English law. A deed; a person’s act and deed; anything stated or made certain; a sealed instrument a deed of conveyance.

A fact; a circumstance; particularly a fact in evidence. Bract. fol. lb.

In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it, and the formal publication or delivery, but proof that the party well knew and un­derstood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained. 11 How. 354.

In civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3.

In French law. A memoir which contains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. Vicat.

In old European law. A portion of allotment of land. Spelman.

Factum a judice quod ad ejus officium non spectat non retum est. An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76.

Factum cuique suum non adversario, noerce debet. Dig. 50, 17, 155. A party’s ow act should prejudice himself, not his adversary.

Factum infectum fieri nequit. A thing done cannot be undone. 1 Kames, Eq. 96, 259.

 

Blacks Law Dictionary, 2nd Edition, pages 477:

FACTUM. Lat. In old English law. A deed; a person’s act and deed; anything stated or made certain; a sealed instrument a deed of conveyance.

A fact; a circumstance; particularly a fact in evidence. Bract. fol. lb.

In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it, and the formal publication or delivery, but proof that the party well knew and un­derstood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained. 11 How. 354, 13 L. Ed. 717.

In civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3.

In French law. A memoir which contains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. Vicat.

In old European law. A portion of allotment of land. Spelman.\

Factum juridicum. A juridcal fat. Denotes one of the factors or elements constituting an obligation.–Factum probandum. Lat. In the aw of evidence. The fact to be proved; a fact which is in isusue, and to which evidence is to be directed. 1 Greenl. Ev. § 13.

Factum probans. A probative or evidentiary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence.

Factum a judice quod ad ejus officium non spectat non retum est. An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76.

Factum cuique suum non adversario, noerce debet. Dig. 50, 17, 155. A party’s ow act should prejudice himself, not his adversary.

Factum infectum fieri nequit. A thing done cannot be undone. 1 Kames, Eq. 96, 259.

Factum negantis nulla probatio sit. Code 4, 19, 23. There is no proof incumbent upon him who denies a fact.

Factum” non dicitur quod non perseverat. 5 Coke, 96. That is not called a “deed” which does not continue operative.

Factum unius alteri noceri non deebet. Co. Litt. 152. The deed of one should not hurt another.

 

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