Functus Officio - Law Dictionary Search Results
Home Dictionary Name: functus officiofunctus officio
functus officio [Latin, having performed his duty, having served its purpose] : of no further official authority or legal effect [the warrant… had been returned and was functus officio "Cady v. Dombrowski, 413 U.S. 433 (1973)"] [once an arbitrator makes an award she is functus officio] used esp. of an officer who is no longer in office or of an instrument that has fulfilled its purpose ...
Functus officio
Functus officio, a person who has discharged his duty, or whose office or authority is at an end.(Later 'having performed his or her office') Black's Law Dicitionary, 7th Edn., p. 682...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Revocation of agency
Revocation of agency. An agency is dissolved or determined in several ways:-(I) by the act of the principal, either(a) Express, as(1) By direct and formal writing, publicly a advertised;(2) By informal writing to the agent privately;(3) By parol; or(b) Implied from circumstances as by appointing another person to do the same act, where the authority of both would be incompatible.The exceptions to the power of the principal to revoke his agent's authority at mere pleasure are--(1) When the principal has expressly stipulated that the authority shall be irrevocable, and the agent has also an interest in its execution.(2) Where an authority or power is coupled with an interest, or is given for a valuable consideration, or is a part of a security, unless there is an express stipulation that it shall be revocable.(3) When an agent's act in pursuance of his authority has become obligatory, for nemo potest mutare consilium suum in alterius injuriam.(II.) By the agent's giving notice to his pri...
ex officio
ex officio [Late Latin] : by virtue or because of an office [the Vice President serves ex officio as president of the Senate] [an ex officio member of the board] ...
Ex officio
Ex officio (officially; by virtue of office); e.g., justices of the peace were ex officio guardians of the poor.An ex officio appointment that the appointment is by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office, Pradeep Kr. Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC 111 (137)....
Officio, Ex
Officio, Ex. by virtue of his office; e.g., the Lord Chief Justice of England is a member of the Court of Appeal, ex officio....
De fide et officio judicis non recipitur questio; sed de scientia, sive error sit juris sive facti
De fide et officio judicis non recipitur questio; sed de scientia, sive error sit juris sive facti [Lat.], Of the good faith and intention of a judge a question cannot be entertained; but it is otherwise as to his knowledge, whether the error be one of law or fact....
De fide et officio judicis non reciptur qu'stio; sed de scientia, sive error sit juris aut facti
De fide et officio judicis non reciptur qu'stio; sed de scientia, sive error sit juris aut facti. Bacon.--(A question cannot be admitted as to the good faith and honesty of a judge; but it may as to his knowledge, whether he be mistaken as to the law or the fact.) And see Broom's Leg. Max.It is an ancient rule that a judge of record is not liable to an action for anything done by him in his judicial character, even for slander; see Scott v. Stansfield, (1868) LR 3 Ex. 220. And see JUDGE....
Ex officio informations
Ex officio informations, proceedings filed in the King's Bench Division by the Attorney-General, at the direct and proper instance of the Crown, in cases of such enormous misdemeanours as peculiarly tend to disturb or endanger the govern-ment, or to molest or affront the sovereign in discharging the royal functions. The information is tried by a jury of the county where the offence arose, and for that purpose, unless the case be of such importance as to be tried at bar, it is sent down by writ of nisi prius into that county, and tried either by a common or special jury, like a civil action.-4 Steph. Com. See Archbold's Cr. Pl....
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