Latin for Lawyers

L ATIN FOR L AWYERS

FACTO [L. facere / to make, do] In fact. As the result of a deed, accomplishment or exploit. See DE FACTO, EX FACTO, EX POST FACTO, IPSO FACTO FACTO ET ANIMO In fact and with intent. FACTOR [L. facere / to make, do] Originally, an agent employed by a principal to sell goods or commodities for the principal’s account. The agent usually dealt in his own name and often took possession of the goods pending the sale. The agent was paid by a com mision known as a factorage. Also, now, a firm which advances money to a business in exchange for an assignment of the business’ accounts receivable. The factor may be given authority to process and collect the receivables. A factor’s lien is a general lien held by a factor on goods of the principal which come into his possession, to secure the payment of his fees or commissions. FACTOTUM [L. facere / to do + totus, totum / the whole, entire, all] One who does all. A general servant or agent with many duties. A person having many duties or responsibilities. FACTUM [L. facere ] That which is done. A deed, act, exploit or accomplishment. An integral fact which is essential to the resolution of a problem or question. An act which is integral to a legal issue or definition. Fraud in the factum is a deception which induces a party to perform an act or to execute a document. FACTUM PROBANDUM [L. factum + probare / to approve, recommend, show, prove] The fact to be proved. The phrase is used especially in the law of evidence. FACTUM PROBANS A fact which acts as proof. A fact which has probative value or which tends to prove the existence of another fact. FAIL [L. fallo, fallere / to deceive; to be mistaken] To cease to function. To breakdown. To be unsuccessful. To suffer a total business loss or reversal; to become bankrupt. To achieve a score on an exam or test lower than the passing grade. To fall below an acceptable standard or measure. FALSA DEMONSTRATIO [L. fallo, fallere / to lead astray, deceive + demon strare / to indicate, point out] A false or deceptive statement or description.

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