FIRE

10 definitions found across Law Mind sources

FIREAuthored
The Law Mind • 1322 words
Definition
The visible and destructive effect of combustion, including the heat and light produced thereby. In legal usage, fire carries essentially the same meaning as in ordinary speech — the physical phenomenon of burning — but its significance varies considerably across the legal contexts in which it appears. 1. Insurance law: Fire is a named peril in property insurance policies, and its definition has generated substantial case law distinguishing "hostile fire" (burning outside its intended container or beyond its intended scope) from "friendly fire" (burning where and as intended, such as in a fireplace or furnace). Losses caused by friendly fire are generally not covered under standard fire insurance policies, even if the insured property is damaged by heat or smoke from that fire. 2. Criminal law (arson): Fire is the operative instrument in arson. The setting or causing of fire to a dwelling, structure, or property, under specified conditions of intent, constitutes the crime. Courts have examined what degree of burning suffices — charring of the structure is the traditional threshold; scorching alone may not suffice. 3. Property and tort law: A person may be justified in destroying property by fire when an uncontrolled fire threatens public safety — a recognized defense grounded in necessity. The law has long distinguished between fires arising by pure accident, those caused by negligence, and those set deliberately, each carrying different liability consequences. 4. Maritime law: Fire is a recognized peril in marine insurance but is not classified as a peril of the sea. This distinction matters because perils of the sea imply fortuitous action of the sea itself; fire, even aboard a vessel, is treated as a separate enumerated peril. 5. Scots law: Fire is treated as an inevitable accident (force majeure), a classification with consequences for liability and lease obligations distinct from the approach taken in English and American law.
Common Language
Modern common usage (Wiktionary): "Amazing; excellent" — slang usage entirely unrelated to any legal meaning. Historical common usage (Webster's 1913): "The evolution of light and heat in the combustion of bodies; combustion; state of ignition. Fuel in a state of combustion, as on a hearth, or in a furnace. The burning of a house or town; a conflagration. Anything which destroys or affects like fire. Ardor of passion." The Webster's definition maps reasonably well onto the legal core. The legal gap is not in the word's general meaning but in its technical refinements: the hostile/friendly fire distinction in insurance law is invisible in ordinary usage, as is the criminal law threshold question of how much burning constitutes a legally cognizable "fire" for arson purposes. A researcher reading historical policies or indictments must apply these legal refinements, not the vernacular.
Common Confusion
Hostile fire vs. friendly fire: These are terms of art in insurance law that reverse intuitive connotations. A "friendly fire" in legal usage is not a benign or safe fire — it is simply a fire burning within its intended location. A "hostile fire" is one that has escaped its intended bounds or is burning where it should not be, regardless of how it started. This distinction controls coverage under most historical and modern fire insurance policies and is frequently misread in older policy documents. Fire vs. explosion: Insurance policies and criminal statutes sometimes treat fire and explosion as distinct perils or distinct acts. An explosion may or may not produce fire; fire may or may not produce explosion. In arson law, whether an explosion without sustained burning constitutes arson has been contested. Researchers should not assume that fire and explosion are interchangeable in policy language or statutory text.
Recognized Forms
/SUBTYPES Hostile fire: Fire burning outside its intended location or beyond its intended scope; the insured peril under standard fire insurance policies. Friendly fire: Fire contained within its intended location (hearth, furnace, incinerator); generally excluded from fire insurance coverage for resulting damage. Arson fire: Fire set with criminal intent to a structure or property; defined by statute with elements varying by jurisdiction. Accidental fire: Fire arising without intention or negligence; relevant to both criminal immunity and civil liability. Letters of Fire and Sword (historical, Scots law): A writ issued from the Scottish Privy Council authorizing sheriffs to use force — including destructive force — to dispossess tenants unlawfully retaining possession. The phrase is largely obsolete but appears in historical Scottish legal records.
Why It Matters in Research
The word "fire" in legal sources is a deceptively simple term that carries precision-sensitive meanings depending on context. Researchers working in insurance law archives must identify whether a source predates or postdates the hostile/friendly fire distinction, which was developed through 19th and early 20th century case law and is not explicit in early policy language. A historical policy simply saying "loss by fire" may have been interpreted by courts to include or exclude friendly fire losses depending on jurisdiction and era. In criminal law research, the common law threshold — that charring of the structure is required for a completed arson — appears in historical treatises and early case law but has been modified by modern arson statutes in many jurisdictions. Sources using "fire" in an arson context may be operating under different definitional baselines. The maritime/insurance distinction (fire is not a peril of the sea) is critical when reading marine insurance cases and policies alongside general fire insurance materials. Conflating the two lines of authority produces errors in coverage analysis. The Scots law treatment of fire as inevitable accident is a jurisdictional anomaly that surfaces in comparative law materials and in cases involving Scottish property, leases, or insurance arrangements governed by Scots law.
Historical Dictionary Support
Black's Law Dictionary (1st Ed.) and Bouvier's Law Dictionary are in agreement on the fundamental point: the juridical meaning of "fire" does not differ from the vernacular. Bouvier's adds the maritime/insurance distinction explicitly — fire is not a peril of the sea — and notes the Scots law classification as inevitable accident. Both sources reference Parsons on Maritime Law as the supporting authority for the insurance treatment. Bouvier's is more useful here than Black's on the tort and necessity dimensions, noting that a person may justify the destruction of property by fire when an uncontrolled fire poses public danger — a necessity defense applicable regardless of how the fire originated. Neither Black's (1st or 2nd Ed.) nor Anderson's develops the hostile/friendly fire distinction, which had not yet been fully codified by doctrine when these dictionaries were compiled. This is the most significant gap in the historical dictionary record for this term. Researchers relying solely on historical dictionaries will find no guidance on the coverage distinction that dominates modern fire insurance litigation. Anderson's and Black's 2nd Ed. entries retrieved under "fire" are largely unhelpful — the excerpts are fragments of unrelated fine (legal settlement) entries, a retrieval artifact that researchers should be aware of when using indexed historical sources.
Jurisdictional Note
The hostile/friendly fire distinction is recognized in most American jurisdictions but has been applied inconsistently, and some modern policies have redrafted coverage language to avoid it. Scots law's treatment of fire as inevitable accident diverges from both English common law and American doctrine and should not be imported into non-Scottish legal analysis.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia — Arson (for criminal law treatment of fire as the instrument of the offense); Insurance Law: Fire Coverage (for hostile/friendly fire doctrine and historical policy interpretation); Property Destruction and the Necessity Defense (for tort and criminal immunity when fire is used to prevent greater harm).
Related Terms
Arson — Hostile fire — Friendly fire — Peril of the sea — Fire insurance — Conflagration — Combustion — Necessity (defense) — Property damage — Marine insurance — Letters of fire and sword — Incendiarism — Malicious burning
FIREmain
Black's Law Dictionary • 1891
to inhibit officers of courts to take anes for ly denied his own deed, or did anything in fair pleading. FINE PRO REDISSEISINÂ CAPI-
FIREmain
Black's Law Dictionary • 1891
The effect of combustion. The juridical meaning of the word does not differ M from the vernacular. 1 Pars. Mar. Law, 231, et seq. FIRE AND SWORD, LETTERS OF FIRE AND SWORD, LETTERS OF. In old Scotch law. Letters issued from the privy council in Scotland, addressed to the sheriff of the county, authorizing him to call for the assistance of the county to dispossess a tenant retaining possession, contrary to the order of a judge or the sentence of a court. Wharton.
FIREmain
Anderson's Dictionary of Law • 1890
lands in question become, or are acknowledged to be, the right of one of the parties.1 It put an "end" to controversies concerning the matter. The plaintiff began an action of covenant upon a supposed agreement to convey to him. The defendant (the deforciant) then applied to the court for leave to settle the matter; which he did by aсknowledging that the lands were the right of the complainant. The "note" of the fine was an abstract of the writ of covenant, and the concord; it named the parties, the land, and the agreement. The "foot" or conclusion recited the parties, day, year, place, and before whom acknowledged or levied. The party levying the fine was called the "cognizor;" he to whom it was levied, the "cognizee." The proceeding was a solemn conveyance on record, and bound parties, privies, and strangers - after five years.1 The object oftenest sought by "levying a fine" was the barring of an estate tail. The statute of fines, 11 Hen. VII (1496), c. 1, and 32 Hen. VIII (1541), c. 36, were abolished by 3 and 4 Wm. IV (1833), c. 74, which substituted a disentailing deed by the tenant in tail.2 The object of a fine was to quiet titles more speedily than by the ordinary limitation of twenty and twenty-five years. One of two contesting claimants could compel an assertion or abandonment of the pretensions of his adversary in one-fifth the usual period of delay. In use in New York down to 1830.3 Compare RECOVERY, Common. See ACKNOWLEDG MENT, 2. 2. A pecuniary punishment for an offense, inflicted by sentence of a criminal court. A penalty; a forfeiture.4 A sum of money imposed by a court according to law, as a punishment for the breach of some penal statute. Never applied to damages or compensation for loss.5 A pecuniary penalty.6 A "fine" is an amercement imposed upon a person for a past violation of law; "exemplary damages" have reference rather to the future than the past conduct of the offender, and are given as an admonition not to repeat the offense." Excessive fines shall not be imposed. This applies to national, not to State, legislation. 12 Bl. Com. 349-57. 2 Williams, Real Prop. 47-49. McGregor v. Comstock, 17 N. Y. 162, 166 (1858); 6 id. 495. See also Guthrie v. Owen, 10 Yerg. 341 (1837). Hanscomb v. Russell, 11 Gray, 374 (1858), Metcalf, J. 5 Atchison, &c. R. Co. v. State, 22 Kan. 15 (1879), Valentine, J.; Jockers v. Borgman, 29 id. 122 (1883), cases, Horton, C. J. New Mexico v. Baca, 2 Ν. Μ. 190 (1882). See also 1 Ind. 315; 4 Iowa, 300; 6 Neb. 37; 4 Lans. 140; 15 Rich. 20; 14 Tex. 398. Schafer v. Smith, Sup. Ct. Ind. (1877): 4 Cent. Law J. 272. & Constitution, Amd. Art. VIII. The Supreme Court cannot, on habeas corpus, revise a sentence on the ground that the fine is excessive.1 See AMERCE; PARDON; PUNISH. A policy of insurance against fire includes every loss necessarily following directly from the occurrence of a fire. See CAUSE, 1, Proximate; EXPLOSION; INSURANCE; LIGHTNING. Fire-arm. A weapon acting by the force of gunpowder. See ARMS, 2; LOADED; WEAPON. Fire department. A city which is authorized to maintain water-works and a fire department, and which collects taxes for those purposes, is not responsible for the negligence of its fire department in permitting private property to be burned.5 Fire-escape. An act which directs that certain buildings shall be provided with fire-escapes by the "owners," does not apply to an owner in fee, not in possession, who has leased the premises, but to the tenant. Being a penal statute, it cannot be extended by implication to parties who do not clearly come within its terms. Fire ordeal. See ORDEAL. Fireworks. Percussion caps, designed for signaling railway trains are "explosive preparations," within the meaning of a statute regulating the keeping of such articles, although they may not be "fireworks" as the latter term is known to commerce.7 Set on fire. A statute giving damages against any one who shall "set on fire" the woods of another, does not apply to an accidental firing by a locomotive engine, without negligence.8 See ARSON; NECESSITY; RES, Perit, etc.; SALVAGE; TAKE, 8. 1 Exp. Watkins, 7 Pet. *574 (1833); Pervear v. Massachusetts, 5 Wall. 480 (1866). As to the power in associations to impose fines upon members, see 27 Am. Law Reg. 370-74 (1888), cases. 2 Robbins v. Blodgett, 121 Mass. 584 (1877). 3 Brady v. North Western Fire Ins. Co., 11 Mich. 445 (1863). 4 Atwood v. State, 53 Ala. 509 (1875); Evins v. State, 46 id. 88 (1871); Hutchinson v. State, 62 id. 3 (1878); Williams v. State, 61 Ga. 417 (1878). * Robinson v. Evansville, 87 Ind. 334, 336-37 (1882): 85 id. 130; 17 B. Mon. 720: 19 Ohio St. 19; 16 Gray, 297; 104 Mass. 87; 123 id. 311; 69 Pa. 420; 38 Conn. 368; 53 Mo. 159; 18 Wis. 83; 33 id. 314; 39 Iowa, 575; 51 Ala. 139; Dill. Munic. Corp. § 774. Schott v. Harvey, 105 Pa. 222 (1884); Lea v. Kirby, 10 Cin. Law Bul. 449. 7 Bliss v. Lilley, 113 E. C. L. 133 (1862). 6 Missouri, &c. R. Co. v. Davidson, 14 Kan. 349 (1875). Liability of railroad companies for causing fires, 4 South. Law Rev. 703-69 (1878), cases.
FIREn.
Websters Unabridged Dictionary (1913) • 1913
The evolution of light and heat in the combustion of bodies; combustion; state of ignition. Fuel in a state of combustion, as on a hearth, or in The burning of a house or town; a conflagration. Anything which destroys or affects like fire. Ardor of passion, whether love or hate; excessive warmth; consumingviolence of temper. he had fire in his temper.Atterbury. Liveliness of imagination or fancy; intellectual and moral enthusiasm; capacity for ardor and zeal. And bless their critic with a poet's fire.Pope. Splendor; brilliancy; luster; hence, a star. Stars, hide your fires.Shak. As in a zodiac representing the heavenly fires.Milton. Torture by burning; severe trial or affliction. The discharge of firearms; firing; as, the troops were exposed to a heavy fire. Blue fire, Red fire, Green fire (Pyrotech.), compositions of various combustible substances, as sulphur, niter, lampblack, etc., the flames of which are colored by various metallic salts, as those of antimony, strontium, barium, etc. -- Fire alarm (a) A signal given on the breaking out of a fire. (b) An apparatus for giving such an alarm. -- Fire annihilator, a machine, device, or preparation to be kept at hand for extinguishing fire by smothering it with some incombustible vapor or gas, as carbonic acid. -- Fire balloon. (a) A balloon raised in the air by the buoyancy of air heated by a fire placed in the lower part. (b) A balloon sent up at night with fireworks which ignite at a regulated height. Simmonds. -- Fire bar, a grate bar. -- Fire basket, a portable grate; a cresset. Knight. -- Fire beetle. (Zoöl.) See in the Vocabulary. -- Fire blast, a disease of plants which causes them to appear as if burnt by fire. -- Fire box, the chamber of a furnace, steam boiler, etc., for the fire. -- Fire brick, a refractory brick, capable of sustaining intense heat without fusion, usually made of fire clay or of siliceous material, with some cementing substance, and used for lining fire boxes, etc. -- Fire brigade, an organized body of men for extinguished fires. -- Fire bucket. See under Bucket. -- Fire bug, an incendiary; one who, from malice or through mania, persistently sets fire to property; a pyromaniac. [U.S.] -- Fire clay. See under Clay. -- Fire company, a company of men managing an engine in extinguishing fires. -- Fire cross. See Fiery cross. [Obs.] Milton. -- Fire damp. See under Damp. -- Fire dog. See Firedog, in the Vocabulary. -- Fire drill. (a) A series of evolutions performed by fireman for practice. (b) An apparatus for producing fire by friction, by rapidly twirling a wooden pin in a wooden socket; -- used by the Hindoos during all historic time, and by many savage peoples. -- Fire eater. (a) A juggler who pretends to eat fire. (b) A quarrelsome person who seeks affrays; a hotspur. [Colloq.] -- Fire engine, a portable forcing pump, usually on wheels, for throwing water to extinguish fire. -- Fire escape, a contrivance for facilitating escape from burning buildings. -- Fire gilding (Fine Arts), a mode of gilding with an amalgam of gold and quicksilver, the latter metal being driven off afterward by heat. -- Fire gilt (Fine Arts), gold laid on by the process of fire gilding. -- Fire insurance, the act or system of insuring against fire; also, a contract by which an insurance company undertakes, in consideration of the payment of a premium or small percentage -- usually made periodically -- to indemnify an owner of property from loss by fire during a specified period. -- Fire irons, utensils for a fireplace or grate, as tongs, poker, and shovel. -- Fire main, a pipe for water, to be used in putting out fire. -- Fire master (Mil), an artillery officer who formerly supervised the composition of fireworks. -- Fire office, an office at which to effect insurance against fire. -- Fire opal, a variety of opal giving firelike reflections. -- Fire ordeal, an ancient mode of trial, in which the test was the ability of the accused to handle or tread upon red-hot irons. Abbot. -- Fire pan, a pan for holding or conveying fire, especially the receptacle for the priming of a gun. -- Fire plug, a plug or hydrant for drawing water from the main pipes in a street, building, etc., for extinguishing fires. -- Fire policy, the writing or instrument expressing the contract of insurance against loss by fire. -- Fire pot. (a) (Mil.) A small earthen pot filled with combustibles, formerly used as a missile in war. (b) The cast iron vessel which holds the fuel or fire in a furnace. (c) A crucible. (d) A solderer's furnace. -- Fire raft, a raft laden with combustibles, used for setting fire to an enemy's ships. -- Fire roll, a peculiar beat of the drum to summon men to their quarters in case of fire. -- Fire setting (Mining), the process of softening or cracking the working face of a lode, to facilitate excavation, by exposing it to the action of fire; -- now generally superseded by the use of explosives. Raymond. -- Fire ship, a vessel filled with combustibles, for setting fire to an enemy's ships. -- Fire shovel, a shovel for taking up coals of fire. -- Fire stink, the stench from decomposing iron pyrites, caused by the formation of sulphureted hydrogen. Raymond. -- Fire surface, the surfaces of a steam boiler which are exposed to the direct heat of the fuel and the products of combustion; heating surface. -- Fire swab, a swab saturated with water, for cooling a gun in action and clearing away particles of powder, etc. Farrow. -- Fire teaser, in England, the fireman of a steam emgine. -- Fire water, ardent spirits; -- so called by the American Indians. -- Fire worship, the worship of fire, which prevails chiefly in Persia, among the followers of Zoroaster, called Chebers, or Guebers, and among the Parsees of India. -- Greek fire. See under Greek. -- On fire, burning; hence, ardent; passionate; eager; zealous. -- Running fire, the rapid discharge of firearms in succession by a line of troops. -- St. Anthony's fire, erysipelas; -- an eruptive fever which St. Anthony was supposed to cure miraculously. Hoblyn. -- St. Elmo's fire. See under Saint Elmo. -- To set on fire, to inflame; to kindle. -- To take fire, to begin to burn; to fly into a passion.
FIREv.
Websters Unabridged Dictionary (1913) • 1913
To set on fire; to kindle; as, to fire a house or chimney; to fire a pile. To subject to intense heat; to bake; to burn in a kiln; as, to fire pottery. To inflame; to irritate, as the passions; as, to fire the soul with anger, pride, or revenge. Love had fired my mind. Dryden. To animate; to give life or spirit to; as, to fire the genius of a young man. To feed or serve the fire of; as, to fire a boiler. To light up as if by fire; to illuminate. [The sun] fires the proud tops of the eastern pines. Shak. To cause to explode; as, to fire a torpedo; to disharge; as, to fire a musket or cannon; to fire cannon balls, rockets, etc. To drive by fire. [Obs.] Till my bad angel fire my good one out. Shak. To cauterize. To fire up, to light up the fires of, as of an engine.
FIREv.
Websters Unabridged Dictionary (1913) • 1913
To take fire; to be kindled; to kindle. To be irritated or inflamed with passion. To discharge artillery or firearms; as, they fired on the town. To fire up, to grow irritated or angry. "He . . . fired up, and stood vigorously on his defense." Macaulay.
fireadj
Wiktionary (English) • 2026
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Amazing; excellent.
fireintj
Wiktionary (English) • 2026
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Command to shoot with firearms.
FIREname
Wiktionary (English) • 2026
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Acronym of Foundation for Individual Rights and Expression (formerly Foundation for Individual Rights in Education): a non-profit civil liberties group founded in 1999 with the aim of protecting free speech rights on college campuses in the United States.

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