A Fortiori - Law Dictionary Search Results

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a fortiori

a fortiori [New Latin, from the stronger (argument)] : all the more certainly : with greater reason : with still more convincing force used in drawing a conclusion that is thought to be even more certain than another [the evident purpose of the latter statute — to provide a distinct and more severe sentencing scheme for violent habitual offenders — plainly suggests that the Legislature intended it to apply a fortiori, to murderers as well as to criminals who commit other violent, but less serious, felonies "People v. Jenkins, 893 P.2d 1224 (1995)"] ...

A fortiori

A fortiori. [By so much stronger reason]. It is thus applied:-A private person, and a fortiori a peace officer (it being his special duty), who is present at the commission of a felony, is bound by the law to arrest the felon, on pain of fine and imprisonment....

Multo fortiori

Multo fortiori. See A FORTIORI....

Cy-pres

Cy-pres (near to it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which are incompatible, the particular must be sacrificed in order that effect may be given to the general object, as near as may be to the testator' intention, according to law. Thus, where a testator has devised lands in a manner transgressing the rules of perpetuity and the Court can by giving the estates tail to the devisees, or any of them carry the property in the precise course marked out by the testator, supposing the estates left to themselves, it will do so, see Monypenny v. Dering, 16 M & W 418. The doctrine did not apply to personalty nor to a mixed fund. See Re Harwood, Coleman v. Innes, 1936 Ch 285.It is also applied to charitable bequests, and was formerly pushed to a most extra-vagant length. But this sensible distinction now prevails, that the court will not decree the execution of a charitable trust...

Good cause, sufficient case Difference

Good cause, sufficient case Difference, The differ-ence between the words 'good cause' for non-appearance in O. IX, R. 7 and 'sufficient cause' for the same purpose in O. IX, R. 13 as pointing to different criteria of 'goodness' or 'sufficiently' for succeeding in the two proceedings; and as there-fore furnishing a ground for the inapplicability of the rule of res judicata. As this ground was not seriously mentioned before us, we need not examine it in any detail but we might observe that we do not see any material difference between the facts to be established for satisfying the two tests of 'good cause' and 'sufficient cause'. We are unable to conceive of a 'good cause' which is not 'sufficient' as affording an explanation for non-appearance, nor conversely of a 'sufficient cause' which is not a good one and we would add that either of these is not different 'good and sufficient cause' which is used in this context in other statutes. If, on the other hand, there is any difference bet...

Proviso

Proviso, stipulation, caution, a condition, inserted in any deed, on the performance whereof the validity of the deed depends. As to the proviso for re-entry in a lease, see FORFEITURE (5); CONDITION; USUAL COVENANTS.The terms proviso and condition are synonymous, and signify some quality annexed to a real estate by virtue of which it may be defeated, enlarged, or created upon an uncertain event. Such qualities annexed to personal contracts and agreements are generally called conditions. A proviso or condition differs from a covenant in this, that the former is in the words of, and binding upon, both parties; whereas the latter is in the words of the grantor only. At the same time a proviso or condition may be construed as a covenant or agreement if the proviso involves the consideration upon which the benefit is obtained a fortiori, where words such as 'provided that, and it is hereby agreed' are used. But if no intention that the proviso was intended to be obligatory can be gathered ...

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