Latin for Lawyers

FORCE MAJESTURE

Deadly force is force intended by the user to cause either death or the risk of death. FORCE MAJESTURE [L. fortis / strong + maiestas / greatness, majesty; the Roman gods] An act of God such as lightning, earthquakes, floods, etc., which operates to prevent or delay the performance of a contract or of a duty or obligation. Syn onymous with the more common term force majeure (from the French). See VIS MAJOR FORCE MAJEURE In insurance law, a superior or irresistible force, an act of God. In contract law, an event which is beyond the control of the parties and which excuses performance. FORCIBLE (ENTRY) Carried out by force or the threat of force. Forcible entry at common law was the seizure of another's property by the use of force or violence or by any means creating fear of violence. In many states, the term is used to describe any wilful entry upon another's property without his consent. Model Penal Code §221 defines the misdemeanor of Criminal Trespass as any unprivi leged entry at night onto any building or occupied structure; if the entry is during the day, it is defined as a petty misdemeanor. FORECLOSE [L. foras, foris / outside, out of doors + claudo, claudere / to close, shut] To shut out, prevent, cut off. To conduct a judicial proceeding which extin guishes all rights of a mortgagor to a parcel of real property, including his equity of redemption. In a foreclosure, the court orders a sale, the proceeds of which are applied first to the costs of the proceeding and then to liquidation of the mortgage. Under Article 9 of the UCC, a creditor with a security inter est in personal property may foreclose and extinguish the rights of his debtor by judicial action and sale. FOREIGN [L. foras, foris / out of doors, outside, without] Situated outside or beyond the boundaries of a state or country. Belonging to another state or country. Distinguished by characteristics different from those at hand. Strange, unknown. Not native or natural to. A foreign corporation is a corporation organized in another state. A foreign decree is a judgment or order of a court in another state.

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