F
A tort consisting of restraint
imposed on a person's liberty, without proper legal authority. (2) False
imprisonment is a misdemeanor consisting of knowingly restraining another
unlawfully so as to interfere substantially with his liberty. Model Penal Code
ss 212.3.
An issue of law or controversy
cognizable by the United States courts because it involves the construction of
the Constitution, a federal law, or treaty.
A freehold estate of
inheritance, absolute and unqualified. This is the highest and most ample
estate known to the law, out of which all others are carved. An owner in fee
has absolute power of disposition.
A type of crime which is of a
relatively serious nature, usually various offenses in various jurisdictions, for
which the maximum penalty can be death or imprisonment in the state
penitentiary, regardless of such lesser penalty as may in fact be imposed
Occasionally defined by various state statutes. (2) Formerly, every offense at
common law which caused a forfeiture of lands or goods, besides being
punishable by death, imprisonment or other severe penalty.
A decree or judgment of a court,
which terminates the litigation in the court which renders it. Cf.
Interlocutory. (2) The United States Courts of Appeals have jurisdiction of
appeals from certain final decisions of United States District Courts (28
U.S.C. ss 1291), but the courts have had difficulty defining final decision in
that context. A decision may be final, even if it does not terminate the
litigation, if the issue which is decided is fundamental to the further conduct
of the case. (3) An order is a final judgment for purposes of United States
Supreme Court jurisdiction if it involves a right separable from, and collateral
to, the merits.
Formerly, an article which was a
personal chattel, but which, by being physically annexed to a building or land,
became accessory to it and part and parcel of it. It was treated as belonging
to the owner of the freehold, and passed with it to a vendee, and, though
annexed by a tenant for his own convenience in the occupation of the premises,
could not be removed by him. The rule has been modified by statute in many of
the states, and is significantly relaxed in practice, especially as between
landlord and tenant. Trade fixtures and ornamental fixtures may usually be
removed by the tenant at the end of his term, provided he does no material
injury to the freehold. Written leases often make specific provisions
concerning the matter.
Those enacted and in force in a
foreign state, or country.
Lat., a court of justice; the
place where justice must be sought. (2) Formerly, an open space in Roman
cities, where the people assembled, Markets were held, and the magistrates sat
to transact their business.
Lat., an inconvenient court.
The requirement that the public
acts, records and judicial proceedings of every state shall be given the same
effect by the courts of another state that they have by law and usage in the
state of origin. U.S. Const. , Art. IV, Sec. 1. Congress has prescribed the
manner in which they may be proven. Cf. comity.
