Blacks Law Dict. 1st ed

FACILE

FACTO

469

FACILE. In Scotch law. Easily per suaded; easily imposed upon. BelL FACILITIES. This name was formerly given to certain notes of some of the banks in the state of Connecticut, which were made payable in two years after the close of the war of 1812. 14 Mass. 322. FACILITY. In Scotch law. Pliancy of disposition. Bell. Facinus quos inquinat eequat. Guilt makes equal those whom it stains. FACIO UT DES. (Lat. I do that you may give.) A species of contract in the civil law (being one of the innominate con tracts) which occurs when a man agrees to perform anything for a price either specific ally mentioned or left to the determination of the law to set a value on it; as when a servant hires himself to his master for cer tain wages or an agreed sum of money. 2 Bl. Comm. 445. FACIO UT FACIAS. (Lat. I do that you may do.) A species of contract in the civil law (being one of the innominate con tracts) which occurs when I agree with a man to do his work for him if he will do mine for me; or if two persons agree to mar ry together, or to do any other positive acts on both sides; or it may be to forbear on one side in consideration of something done on the other. 2 Bl. Comm. 444. FACT. A thing done; an action per formed or an incident transpiring; an event or circumstance; an actual occurience. In the earlier days of the law "fact" was used almost exclusively in the sense of "ac tion" or "deed;" but, although this usage survives, in some such phrases as "accessary before the fact," it has now acquired the broader meaning given above. A fact is either a state of things, that is, an ex istence, 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 dis tinguished from fiction or error. Burrill, Circ. Ev. 218. "Fact" is very frequently used in opposi tion or contrast to "law." Thus, questions of fact are for the jury; questions of law for the court. So an attorney at law is an of ficer of the courts of justice; an attorney in

fact is appointed by the written authoriza tion of a principal to manage business affairs usually not professional. Fraud in fact con sists in an actual intention to defraud, car ried into effect; while fraud imputed by law arises from the man's conduct in its neces sary relations and consequences. The word is much used in phrases which con trast it with law. Law is a principle; fact is an event. Law is conceived; fact is actual. Law is a rule of duty; fact is that which has been accord ing to or in contravention of the rule. The dis tinction is well illustrated in the rule that the ex istence of foreign laws is matter of fact. Within the territory of its jurisdiction, law opera*«s as an obligatory rule which judges must recognize and enforce; but, in a tribunal outside that jurisdic tion, it loses its obligatory force and its claim to judicial notice. The fact that it exists, if impdr tant to the rights of parties, must be alleged and proved the same as the actual existence of any oth er 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 plead ing is a circumstance, act, event, or incident; a truth is the legal principle which declares or governs the facts and their operative ef fect. Admitting the facts stated in a com plaint, the truth may be that the plaintiff is not entitled, upon the face of his complaint, to what he claims. The mode in which a defendant sets up that truth for his protec tion is a demurrer. 4 E. D. Smith, 37. As to the classification of facts, see DIS POSITIVE FACTS. FACTA. In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, jousts or tournaments. Cowell. Facts. Facta et casus, facts and cases. Bract, fol. 16. Facta sunt potentiora verbis. Deeds are more powerful than words. Facta tenent multa quse fieri prohi bentur. 12 Coke, 124. Deeds contain many things which are prohibited to be done. FACTIO TESTAMENTI. In the civil law. The right, power, or capacity of mak ing a will; called "factio actioa." Inst. 2, 10,6. The right or capacity of taking by will; called "factio passiva.** Inst. 2, 10, 6. FACTO. In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything su peradded, or any proceeding upon it to givt it effect. 3 Kent, Comm. 55, 58.

Archive CD Books USA