FAITH

9 definitions found across Law Mind sources

FAITHAuthored
The Law Mind • 1007 words
Definition
In law, "faith" rarely appears as a standalone legal term. It functions primarily as a component of compound phrases that carry independent legal weight. The word takes its legal meaning from context: 1. Confidence, reliance, or credit. An act done "on the faith of" certain representations means the actor relied on those representations as true. This usage appears frequently in contract, fraud, and estoppel doctrine. 2. Belief, credence, or trust. The constitutional requirement that "full faith and credit" be given to the judgments of sister states uses "faith" in this sense — treating a judgment as worthy of trust and recognition. 3. Intent, purpose, or sincerity. In the phrase "good faith" or "bad faith," the word signals the mental state or subjective honesty with which a party entered or carried out a transaction. This is the most legally consequential usage and the one most frequently litigated. In Scots law, the term retains an older meaning: a solemn pledge or oath. "To make faith" historically meant to swear with the right hand raised that one would speak the truth.
Common Language
Modern common usage (Wiktionary): In ordinary contemporary English, "faith" most commonly denotes religious belief or trust in a person or institution without requiring proof. Historical common usage (Webster's 1913): "The assent of the mind to the truth of what is declared by another, resting solely and implicitly on his authority and veracity; reliance on testimony." The legal word "faith" tracks the general English meaning of reliance and trust but strips out its religious and emotional connotations entirely. In legal contexts, faith is not about conviction or feeling — it is about the objective quality of a party's knowledge, intent, or reliance at the time of a transaction. A researcher encountering "faith" in a legal document should read it as a technical marker pointing to good faith, bad faith, or full faith and credit doctrine, not as a statement about belief or sincerity in the colloquial sense.
Common Confusion
"Faith" as a standalone term is sometimes read as carrying independent legal meaning when it does not. The word has virtually no operative legal significance outside its compound forms. Researchers who encounter "faith" in historical sources should treat it as a shorthand for an adjacent doctrine rather than a freestanding legal concept. Black's and Bouvier's both confirm this: Bouvier states explicitly that "faith" is used "in the law only in connection with the adjectives good and bad." The exception is the Scots-law oath usage, which is procedural rather than substantive and does not appear in American or English common law doctrine.
Why It Matters in Research
The key research trap with "faith" is treating it as a term of art when it is really a lexical building block. Finding "faith" in an index or search result almost never leads directly to useful doctrine — the doctrine lives under GOOD FAITH, BAD FAITH, or FULL FAITH AND CREDIT. For historical corpus work, pay attention to era. Earlier sources (including Burrill) preserve the Scots-law oath usage, which is procedurally specific and not transferable to common law jurisdictions. Conflating that usage with the intent-based meaning of "good faith" in contract or commercial law would be a significant analytical error. In insurance and contract research, "good faith" and "bad faith" carry heavy doctrinal freight that has expanded substantially in the twentieth century, particularly in insurance bad faith tort law. The word "faith" in nineteenth-century sources will often appear in far narrower contexts — typically commercial transactions and the law of negotiable instruments — than in modern sources, where it extends to employment, insurance, and fiduciary relationships. For constitutional research, "full faith and credit" is a discrete subject with its own article, case law, and scholarly literature. The word "faith" in that context is not interchangeable with its contract-law usage.
Historical Dictionary Support
The historical dictionaries converge on the same three meanings identified above, with minor differences in emphasis. Black's (both editions) treats the term with modest care, identifying three senses — reliance, belief, and intent — and signaling that the third is where the legal action is. Both editions trail off with "this is the meaning of the word in the phrases 'good faith' a—" without completing the sentence, which itself confirms that the term's practical value lies in those compounds. Bouvier's is the most analytically precise of the historical sources: it is explicit that the word has legal relevance only as a modifier, not standing alone. This is useful confirmation for researchers who might otherwise expect a fuller entry. Burrill preserves the Scots-law usage most fully, with a citation to Forbes' Institutes and a note that "to make faith" is a translation of the Latin affidare. This is the only historical entry that points to an independent procedural usage rather than a compound-phrase context. Anderson's entry under "faith" appears to be a misfiled cross-reference to entries on "fairly" and "fairness" — it does not address "faith" in any of its recognized legal senses and should not be relied upon for this term.
Encyclopedia Cross-Reference
For the doctrine most closely associated with this term in modern litigation, see: Good Faith and Fair Dealing (Insurance Bad Faith Tort) — Specialized Tort Topics (The Law Mind Torts & Personal Injury Encyclopedia)
Related Terms
GOOD FAITH — the primary operative legal concept built on this term BAD FAITH — the contrary doctrine; heavily litigated in insurance and contract contexts FULL FAITH AND CREDIT — constitutional doctrine requiring interstate recognition of judgments BONA FIDE — Latin equivalent; "in good faith"; frequently appears in property and commercial law MALA FIDE — Latin for bad faith; used in historical and civil law sources CREDIT — overlapping concept in the Full Faith and Credit context RELIANCE — conceptually adjacent in fraud and estoppel doctrine INTENT — the mental-state concept underlying good faith and bad faith analysis AFFIDAVIT — shares the root concept of sworn faith (affidare) in historical usage
FAITHmain
Black's Law Dictionary • 1891
1. Confidence; credit; reliance. Thus, an act may be said to be done "on the faith" of certain representations. 2. Belief; credence; trust. Thus, the con- stitution provides that "full faith and credit" shall be given to the judgments of each state in the courts of the others. 3. Purpose; intent; sincerity; state of knowledge or design. This is the meaning of the word in the phrases "good faith" and "bad faith." violate this prescript, the heir may have the right to make a proportional deduction from each legatee, so far as necessary. Mackeld. Rom. Law, § 771; Inst. 2, 22.
FAITHmain
Bouvier's Law Dictionary • 1928
A term used in the law only in connection with the adjectives good and bad, as expressing the belief, intent, or pur- pose with which a transaction has been en- tered into or completed. See GOOD FAITH. Credit; confidence; trust. Belief. Intent. In Scotch Law. An oath; a pledge. Eng- lish.
FAITHmain
Anderson's Dictionary of Law • 1890
Fairly. Equitably; reasonably. In "fairly merchantable," conveys the idea of mediocrity in quality, or something just above that.1 May be deemed synonymous with "equitably." 2 But is not synonymous with "truly:" language may be truly yet unfairly reported. See FAITHFULLY. Fairness. In speaking of a sale, "fairness and good faith" refers to the fair dealing which usually characterizes business transactions. 2, n. In English law, a species of market held by grant from the crown.5 In the United States, "fairs" are governed by the law as to partnerships and sales. See MARKET. Belief; confidence; reliance; credence; trust, q. v. Fair intent of purpose; honesty, openness, uprightness; sincerity; fidelity to a representation, promise, or duty. Good faith. Honest, lawful intent; the condition of acting without knowledge of fraud and without intent to assist in a fraudulent or otherwise unlawful scheme. Bad faith. Guilty knowledge or willful ignorance. The corresponding Latin expressions are bona fides, and mala fides. See FIDES. A creditor, holder, possessor, & purchaser, or transferee in good faith is one who has loaned money or purchased property fairly, in the usual course of business, and without being cognizant of, or implicated in, any intent which the borrower or seller may have had to evade the claims of his creditors or to defraud some person interested in the matter. 10 The title of a person who takes negotiable paper before it is due, for a valuable consideration, can only be defeated by showing bad faith in him, which implies guilty knowledge or willful ignorance of the facts impairing the title of the party from whom he received it. The burden of proof lies on the assailant of the taker's title." A purchaser in good faith of negotiable paper for 1 Warner v. Arctic Ice Co., 74 Me. 479 (1883). Satcher v. Satcher, 41 Ala. 40 (1867). • Lawrence v. Finch, 17 N. J. E. 239 (1865). • Morgan v. Hazlehurst Lodge, 53 Miss. 683 (1876). See 1 Bl. Com. 274. 1 Pars. Contr. 333. See 66 Ga. 722; 30 Minn. 272. 8 See 31 Md. 454; 8 Wheat. 79; 12 Tex. 222; 24 id. 379. See 71 Ala. 221; 44 Conn. 459; 65 Barb. 231; 7 Johns. Ch. 65; 2 Utah, 52. 10 [1 Abbott's Law Dict. 536; 111 U. S. 80. 11 Hotchkiss v. Tradesmen's, &c. Nat. Banks, 21 Wall. 359 (1874), cases; Dresser v. Missouri, &c. Co., 93 U. S. 94-95 (1876), cases; Collins v. Gilbert, 94 id. 754 (1876), cases. value, before maturity, takes it freed from all infirmities in its origin, unless it is absolutely void for want of power in the maker to issue it, or its circulation is by law prohibited by reason of the illegality of the consideration. His transferee, with notice of the infirmities, may equally recover. 1 A party who, before its maturity and for a valuable consideration, purchases mercantile paper from the apparent owner thereof, acquires a right thereto which can only be defeated by proof of bad faith or of actual notice of such facts as impeach the validity of the transaction.2 A holder in good faith is a purchaser for value without notice, or his successor." The bad faith in the taker of negotiable paperwhich will defeat a recovery by him must be something more than a failure to inquire into the consideration upon which it was made or accepted, because of rumors or general reputation as to the bad character of the maker or drawer. See further NEGOTIATE, 2; NOTICE, 1; LOST, 2. One who buys at a voluntary sale from his debtor, crediting the consideration on a pre-existing debt, is not a bona fide purchaser for value: he advances nothing, and, if the title fails, loses nothing.5 The highest good faith is exacted of a person dealing with a trustee respecting the trust property. See TRUST, 1; FIDUCIARY. Full faith and credit. "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Pro ceedings shall be proved, and the Effect thereof." 6 For the history of this provision, see EXTRADITION, page 441. A record must be authenticated as prescribed by act of May 26, 1790. The records and judicial proceedings of the courts of any State (authenticated as herein prescribed) "shall have such faith and credit given to them, in every court within the United States, as they have by law or usage in the courts of the State from which they are taken." & The judgments of the courts of the United States have invariably been recognized as upon the same 1 Cromwell v. County of Sac, 96 U. S. 51, 59 (1877), cases, Field, J.; Bowditch v. New England Life Ins. Co., 141 Mass. 296 (1886). 2 Swift v. Smith, 102 U. S. 444 (1880), Strong, J. 3 McClure v. Township of Oxford, 94 U. S. 432 (1876), Waite, C. J. Goetz v. Bank of Kansas City, 119 U. S. 560 (1887), Field, J. See, in general, 22 Cent. Law J. 437-42 (1886), cases. 5 Overstreet v. Manning, 67 Tex. 661 (1887); 61 id. 648. Constitution, Art. IV, sec. 1. Caperton v. Ballard, 14 Wall. 241 (1871). & Act 26 May, 1790, с. 11; Act 27 March, 1804, c. 56: R. S. § 905.
FAITHn.
Websters Unabridged Dictionary (1913) • 1913
Belief; the assent of the mind to the truth of what is declared by another, resting solely and implicitly on his authority and veracity; reliance on testimony. The assent of the mind to the statement or proposition of another, on the ground of the manifest truth of what he utters; firm and earnest belief, on probable evidence of any kind, especially in regard to important moral truth. Faith, that is, fidelity, -- the fealty of the finite will and understanding to the reason. Coleridge. The belief in the historic truthfulness of the Scripture narrative, and the supernatural origin of its teachings, sometimes called historical and speculative faith. The belief in the facts and truth of the Scriptures, with a practical love of them; especially, that confiding and affectionate belief in the person and work of Christ, which affects the character and life, and makes a man a true Christian, -- called a practical, evangelical, or saving faith. Without faith it is impossible to please him [God]. Heb. xi. 6. The faith of the gospel is that emotion of the mind which is called "trust" or "confidence" exercised toward the moral character of God, and particularly of the Savior. Dr. T. Dwight. Faith is an affectionate, practical confidence in the testimony of God. J. Hawes. That which is believed on any subject, whether in science, politics, or religion; especially (Theol.), a system of religious belief of any kind; as, the Jewish or Mohammedan faith; and especially, the system of truth taught by Christ; as, the Christian faith; also, the creed or belief of a Christian society or church. Which to believe of her, Must be a faith that reason without miracle Could never plant in me. Shak. Now preacheth the faith which once he destroyed. Gal. i. 23. Fidelity to one's promises, or allegiance to duty, or to a person honored and beloved; loyalty. Children in whom is no faith. Deut. xxvii. 20. Whose failing, while her faith to me remains, I should conceal. Milton. Word or honor pledged; promise given; fidelity; as, he violated his faith. For you alone I broke me faith with injured Palamon. Dryden. Credibility or truth. [R.] The faith of the foregoing narrative. Mitford. Act of faith. See Auto-da-fé. -- Breach of faith, Confession of faith, etc. See under Breach, Confession, etc. -- Faith cure, a method or practice of treating diseases by prayer and the exercise of faith in God. -- In good faith, with perfect sincerity.
FAITHinterj.
Websters Unabridged Dictionary (1913) • 1913
By my faith; in truth; verily.
faithintj
Wiktionary (English) • 2026
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Ellipsis of by my faith.
Faithname
Wiktionary (English) • 2026
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A female given name from English. | A surname, also used as a stage name. | A place in the United States: | An unincorporated community in Norman County, Minnesota. | A place in the United States: | An unincorporated community in Miller County, Missouri. | A place in the United States: | A town in Rowan County, North Carolina. | A place in the United States: | A minor city in Meade County, South Dakota.
faithnoun
Wiktionary (English) • 2026
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A trust or confidence in the intentions or abilities of a person, object, or ideal from prior empirical evidence. | A conviction about abstractions, ideas, or beliefs, without empirical evidence, experience, or observation. | A religious or spiritual belief system. | An obligation of loyalty or fidelity and the observance of such an obligation. | Credibility or truth.

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