Also known as:finire · finitio · finium · finit · end · termination · boundary
Written by attorneys — see sources below.
2 senses
1
A historical legal term denoting the boundary or limit of an interest in land.
2
The compromise of a fine of conveyance or a payment made to satisfy a criminal penalty.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
A historical legal term denoting the boundary or limit of an interest in land.
Examples6
Holdover After Lease End
Flora Ford conveyed a possessory interest in land to Faith Fitzgerald for a fixed term. After the term ended, Faith remained in possession without asserting superior title. The finis of the original interest marked the start of an estate at sufferance.
Notice Ending Periodic Tenancy
Falcon Dynamics leased property to Francesca Fowler on a month-to-month basis. When Falcon gave the required notice, the finis of the current period terminated the landlord-tenant relationship.
Sense 2
2
Sense 2
The compromise of a fine of conveyance or a payment made to satisfy a criminal penalty.
Ferrum Metals operated a manufacturing plant that became nonconforming after new zoning rules. After the statutory period of discontinuance, the finis of the vested right required the use to cease.
Breach During Cohabitation
Fumiko Fujimoto and Felicia Fuentes entered a cohabitants agreement. When one party breached during the relationship, the finis of performance triggered accrual of the contract claim.
Putative Spouse Status Ends
Farah Fox cohabited with a partner under a good-faith belief they were married. Upon learning the marriage was invalid, the finis of putative spouse status cut off further acquisition of spousal rights.
Judicial Review of Commission
Frostline Textiles sought delivery of a judicial commission that had been signed but withheld. The finis of the appointment process raised the question whether mandamus could compel the final ministerial act.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
In December 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper petitioned the Supreme Court for a rule requiring Secretary of State James Madison to show cause why a writ of mandamus should not issue commanding delivery of their commissions as justices of the peace in the District of Columbia. The applicants had been nominated by outgoing President John Adams. The Senate had advised and consented to the appointments. Commissions in due form were signed by the President with the seal of the United States affixed by the Secretary of State.
During the proceedings the Court heard testimony from Department of State clerks Jacob Wagner and Daniel Brent, who described the preparation and handling of the commissions. Wagner recalled that two commissions had been signed but could not confirm whether those of the applicants were recorded. Brent believed Marbury's and Hooe's commissions were made out. Ramsay's was omitted by mistake. None of the Adams-signed commissions for District justices were recorded. Attorney General Levi Lincoln, who had acted as Secretary of State, testified that he had seen signed and sealed commissions but did not know whether any for the applicants were ever sent out.
James Marshall's affidavit stated that on March 4, 1801, he received and later returned several commissions from the Secretary of State's office, including those for Hooe and Harper. The applicants also submitted the affidavit of Hazen Kimball confirming that commissions for Marbury and Hooe were in the office on March 3, 1801. Madison did not appear or show cause after the rule was served. The motion for the writ itself was heard in the February 1803 term.
How does finis relate to the end of a periodic tenancy?
Finis marks the conclusion of the current period once proper notice is given, after which the landlord-tenant relationship terminates.
What marks the finis of a putative spouse's rights?
Knowledge that the marriage is not legal ends the status and prevents further acquisition of rights, though existing rights may still be apportioned.
When does finis occur for a nonconforming use right?
The right ends after statutory discontinuance or the reasonable period allowed by an amortization ordinance.
5 U.S. (1 Cranch) 137 (1803)
…The first writ of mandamus commands the officer to do the thing or show cause why not; if the cause be sufficient there is an end, if not a peremptory mandamus is awarded. The discretion of a court is a legal discretion, not arbitrary; if the applicant makes out a proper case the court are bound to grant it. Mr. Lee…