Latin for Lawyers

FRATRICIDE

FRATRICIDE [L. frater / brother + caudere / to cut down, kill] The killing of one sibling by another. FRAUD, FRAUDULENT [L. fraus / deceit, deception; a crime or offense (from fraudare / to cheat, deceive)] The distortion or misstatement of truth with intent to deprive another of his property or to induce him to give up a legal right. Any act calculated to deceive or mislead. The false representation of a material fact, either by words or conduct or by concealment, with intent to cause injury or loss to another. Fraud gives rise to an action in tort or to criminal prosecution. A contract induced by fraud may be canceled by the party subjected to the fraud. FRAUDEM FACERE LEX To commit a fraud on the law. FRAUD IN THE FACTUM A misrepresentation or misstatement which induces another to sign or execu tive an instrument without knowing the true character or nature of the instru ment. An example of fraud in the factum : one person puts a check in front of another with intent to deceive him and the second person signs it thinking it’s a promissory note payable a year from date instead of a check requiring immediate payment. FRAUS ET JUS NUNQUAM COHABITAT Fraud and justice can never reside together. FRAUS LEGIS A fraud upon the law. FRAUS MERITER FRAUDEM [L. fraus / fraud + merere / to deserve] One fraud deserves another fraud. One fraud leads to another. FRIVOLOUS [L. frivolus / trifling, worthless] Lacking in seriousness. Asserted without genuine purpose or in bad faith. Intended to confuse or delay. Palpably false or without merit. A document such as a pleading, an appeal, or a brief which contains spurious and empty matter or arguments is frivolous. Frivolous documents or frivolous steps in litigation are frowned upon by the courts and by the rules of professional responsibility and can result in penalties and sanctions against the lawyers who introduce them.

142