An exact copy. 2.
FAX.
facsimile signature. See SIGNATURE.
facsimile transmission.!. See FAX (l). 2. See FAX (3).
fact. (15c) 1. Something that actually exists; an aspect
of reality <it is a fact that all people are mortal>.
Facts include not just tangible things, actual occur
rences, and relationships, but also states of mind such
as intentions and opinions. 2. An actual or alleged
event or circumstance, as distinguished from its legal
effect, consequence, or interpretation <the jury made
a finding of fact>. 3. An evil deed; a crime <an acces
sory after the fact>.
"A fact is any act or condition of things, assumed (for the
moment) as happening or existing." John H. Wigmore, A
Students' Textbook ofthe Law of Evidence 7 (1935).
ablative fact. See divestitive fact.
adjudicative fact (<I-joo-di-kay-tiv or -k"'-tiv). (1959)
A controlling or operative fact, rather than a back
ground fact; a fact that concerns the parties to a
judicial or administrative proceeding and that helps
the court or agency determine how the law applies
to those parties. For example, adjudicative facts
include those that the jury weighs. Cf. legislative
fact. [Cases: Administrative Law and Procedure
442.] fact
alienative fact (ay-lee-a-nay-tiv or ay-Iee-a-na-tiv). A
fact that divests a person of a right by transferring it
to another.
ancient fact. A fact about a person, thing, or event that
existed or occurred a very long time ago, and about
which no living person has firsthand knowledge.
Also termed fact in pais.
collateral fact. A fact not directly connected to the
issue in dispute, esp. because it involves a different
transaction from the one at issue. [Cases: Evidence
collative fact. See investitive fact.
denotative fact (dee-noh-tay-tiv or di-noh-t<l-tiv). A
fact relevant to the use of a nonlegal term in a legal
rule.
destitutive fact. See divestitive fact.
dispositive fact (dis-poz-<l-tiv). (1946) 1. A fact that
confers rights or causes the loss of rights. A dis
positive fact may be either an investitive or a divesti
tive fact. Also termed vestitive fact (ves-ta-tiV). 2.
A fact that is decisive of a legal matter; evidence that
definitively resolves a legal issue or controversy. See
DISPOSITION.
divestitive fact (di-ves-t<l-tiv or dI-). (1973) A fact that
causes the loss ofrights; an act or event modifying or
extinguishing a legal relation. -Also termed extinc
tive fact; destitutive fact; ablative fact.
elemental fact. See ultimate fact.
evaluative fact. (1986) A fact used to assess an action
as being reasonable or negligent.
evidentiary fact (ev-i-den-sha-ree) (1855) 1. A fact
that is necessary for or leads to the determination of
an ultimate fact. Also termed predicate fact. 2. A
fact that furnishes evidence of the existence of some
other fact. Also termed evidential fact. 3. See fact
in evidence.
exonerative fact (eg-zon-<lr-<l-tiv or -ay-tiv). (1980) A
divestitive fact that extinguishes a duty.
extinctive fact. See divestitive fact.
fabricated fact. See fabricated evidence under
EVIDENCE.
fact in evidence. (l8c) A fact that a tribunal considers
in reaching a conclusion; a fact that has been admitted
into evidence in a trial or hearing. -Also written
fact-in-evidence. Also termed evidentiary fact.
"A {actinevidence, or, briefly, evidence, signifies any facts
considered by the tribunal as data to persuade them to
reach a reasoned belief upon a probandum. This process of
thought by which the tribunal reasons from fact to proban
dum is termed inference." John H. Wigmore, A Students'
Textbook of the Law of Evidence 7 (1935).
fact itt issue. (usu. pl.) (17c) 1. Hist. A fact that one party
alleges and that the other controverts. 2. A fact to
be determined by a fact-finder; PROBANDUM. -Also
written fact-in-issue. Also termed principal fact.
"A factinissue is a fact as to the correctness of which the
tribunal, under the law of the case, must be persuaded; the

fact 670
term 'probandum' (thing to be proved) will here be used as
the convenient single word." John H. Wigmore, A Students'
Textbook of the Law of Evidence 7 (1935).
fact in pais. See ancient fact.
fact material to risk. Insurance. A fact that may
increase the risk and that, ifdisclosed, might induce
the insurer either to decline to insure or to require a
higher premium. [Cases: Insurance (;:::>2958, 2963.]
foundational fact. See predicate fact.
immaterial fact. A fact that is not relevant to a matter
in issue.
impositive fact. An investitive fact that imposes
duties.
inferential fact. (1858) A fact established by conclusions
drawn from other evidence rather than from direct
testimony or evidence; a fact derived logically from
other facts. [Cases: Criminal Law (;::::'0559; Evidence
investitive fact (in-ves-t;Hiv). (1939) A fact that confers
rights. -Also termed coilative fact (b-Iay-tiv).
judicial fact. (1862) See judicially noticed fact.
judicially noticed fact. A fact that is not established by
admissible evidence but may be accepted by the court
because the fact is generally known within the trial
court's territorial jurisdiction, or because its validity
can be determined from sources whose accuracy
cannot be reasonably questioned. See Fed. R. Evid.
20l(b). Also termed judicial fact. See JUDICIAL
NOTICE. [Cases: Criminal Law (;:::>304; Evidence
(;:::>1.]
jurisdictional fact. (usu. pl.) (1837) A fact that must
exist for a court to properly exercise its jurisdiction
over a case, party, or thing_ See JURISDICTIONAL-FACT
DOCTRINE.
legal fact. (18c) A fact that triggers a particular legal
consequence.
legislative fact. (1828) A fact that explains a particu
lar law's rationality and that helps a court or agency
determine the law's content and application. Leg
islative facts are not ordinarily specific to the parties
in a proceeding. Cf. adjudicative fact.
"[L]egislative fact includes matters needed to construe
statutes or regulations, and factual assumptions a court
makes when called upon to 'legislate.' Examples of the
latter might include the fact that spouses will communicate
less if they are not granted a privilege covering their confi
dences, or that marital harmony will be strained if spouses
can be compelled to testify against each other -facts
which might be useful in helping a court decide whether
to create or continue a common-law marital privilege ....
Obviously, legislative facts ofthis nature do not and cannot
meet the indisputability criterion of the Rule [Fed. R. Evid.
201], nor are they required to." Paul F. Rothstein, The
Federal Rules ofEvidence 35-36 (3d ed. 2003).
material fact. (1848) A fact that is significant or essen
tial to the issue or matter at hand. [Cases: Evidence
(;:::> 143; Federal Civil Procedure C:~2470.1; Judgment
(;:::> 181(2).]
minorfact. A subordinate fact or circumstance. operative fact. (1857) I. A fact that affects an existing
legal relation, esp. a legal claim . When applying the
hearsay rule, this term distinguishes between out-of
court statements that are operative facts (e.g., a party's
saying "I agree to reimburse you" in a case for breach
of oral contract), and hearsay, out-of-court statements
that only relate to operative facts (e.g., "Joel told me
Mike said he would reimburse me"). [Cases: Evidence
(;:::>267.]2. A fact that constitutes the transaction or
event on which a claim or defense is based.
physicalfact. (1857) A fact having a physical existence,
such as a fingerprint left at a crime scene.
predicate fact (pred-J-kit). (1899) 1. A fact from which
a presumption or inference arises. [Cases: Criminal
Law (;:::>305.1; Evidence (;:::>53.] 2. A fact necessary to
the operation of an evidentiary rule . For example,
there must actually be a conspiracy for the co-con
spirator exception to the hearsay rule to apply. -Also
termed foundational fact; evidentiary fact. [Cases:
Evidence <8"=>53.]
presumed fact. A fact whose existence can be justifiably
inferred from facts established by evidence. [Cases:
Criminal Law (;:::>305; Evidence (;:::>53.]
primary fact. (18c) A fact that can be established by
direct testimony and from which inferences are made
leading to ultimate facts. See ultimate fact.
principal fact. 1. See fact in issue. 2. See ultimate fact.
private fact. (I6c) A fact that has not been made public.
 Whether a fact is private often arises in invasion
of-privacy claims. Cf. public fact.
probative fact (proh-bJ-tiv). (1858) A fact in evidence
used to prove an ultimate fact, such as skid marks
used to show speed as a predicate to a finding ofneg
ligence.
psychologicalfact. A fact that is related to mental state,
such as motive or knowledge.
public fact. (1955) For the purpose of an invasion-of
privacy claim, a fact that is in a public record or in
the public domain. Cf. private fact. [Cases: Torts
357.]
relative fact. A fact incidental to another fact; a minor
fact.
simulated fact. (1943) A fabricated fact intended to
mislead; a lie.
translative fact (trans-or tranz-Iay-tiv). A fact by
means ofwhich a right is transferred from one person
to another; a fact that fulfills the double function of
terminating one person's right to an object and of
originating another's right to it.
transvestitive fact. A fact that is simultaneously inves
titive and divestitive.
"When a person transfers the rights he has to another, the
transfer divests him ofthe potestas, and invests that other
with it. This is quite distinct from the creation or extinction
of the potestas. A new descriptive term is wanted, and after
the analogy of the other words, 'transvestitive' has been
coined for the purpose." W.A. Hunter, A Systematic and
Historical Exposirion ofRoman Law 141 (4th ed. 1902).

671
ultimate fact. (18c) A fact essential to the claim or
the defense. -Also termed elemental fact; principal
fact.
undisputed fact. (18c) An uncontested or admitted
fact.
vestitive fact. See dispositive fact (1).
facta (fak-t;l). [LatinJ pl. FACTUM.
fact-finder. (1926) One or more persons -such as jurors
in a trial or administrative-law judges in a hearing
who hear testimony and review evidence to rule on a
factual issue. -Also termed finder offactifact-trier or
trier offact (in a judicial proceeding); fact-finding board
(for a group or committee). See FINDING OF FACT.
fact-finding. (1909) 1. The process oftaking evidence to
determine the truth about a disputed point of fact. 2.
Int'llaw. The gathering ofinformation for purposes of
international relations, including the peaceful settle
ment of disputes and the supervision of international
agreements. _ Examples offact-finding include legis
lative tours to acquire information needed for making
decisions at an international leveL -Also termed
inquiry.
"[F]act-finding must be as impartial and as fair to the
parties as procedural and evidentiary rules can render it
without making the inquiry's task impossible, not merely
for ethical reasons, but in order to maximize the credibility
and impact of the facts found. To this end, fact-finders
must develop procedures that sharply distinguish them
from those bodies that assemble prosecutorial evidence."
Thomas M. Franck &. H. Scott Fairley, Procedural Due Process
in Human Rights Fact-Finding by International Agencies, 74
Am. j. Int'l L. 308, 310 (1980).
3. A method ofalternative dispute resolution in which
an impartial third party determines and studies the
facts and positions of disputing parties that have
reached an impasse, with a view toward clarifying
the issues and helping the parties work through their
dispute.
fact-finding board. See FACT-FINDER.
fact interrogatory. See identification interrogatory under
INTERROGATORY.
faction. (16c) A number of citizens, whether a majority or
a minority, who are united and motivated by a common
impulse or interest that is adverse to the rights ofothers
or to the permanent or aggregate interests ofthe com
munity. -This definition is adapted from The Federal
ist, No. 10.
factio testamenti (fak-shee-oh tes-t;l-men-t1). See TES
TAMENTI FACTIO.
fact issue. See issue offact under ISSUE (1).
facto (fak-toh), adj. In or by the fact. See DE FACTO; IPSO
FACTO.
facto et animo (fak-toh et an-d-moh). [Latin] In fact and
intent <taking possession facto et animo>.
factor, n. (I5c)


[Latin] In fact and
intent <taking possession facto et animo>.
factor, n. (I5c) 1. An agent or cause that contributes to
a particular result <punishment was a factor in the
court's decision>. 2. An agent who is employed to sell
property for the principal and who possesses or controls factual presumption
the property; a person who receives and sells goods for
a commission <a factor was employed to sell goods for
the company> . A factor differs from a broker because
the factor possesses or controls the property_ -Also
termed commission merchant; del credere bailiff. Cf.
BROKER. [Cases: Factors C:~)1.]
"A factor by the rules of common law and of mercantile
usage is an agent to whom goods are consigned for the
purpose of sale, and he has possession of the goods, power
to sell them in his own name, and a general discretion as to
their sale. He may sell them on the usual terms of credit,
may receive the price, and give a good discharge to the
buyer." William R. Anson, Principles of the Law ofContract
523 (Arthur L. Corbin ed., 3d Am. ed. 1919).
3. One who buys accounts receivable at a discount <the
company sold its receivables to a factor at only 5% of
their stated value>. [Cases: Factors 1,5.]4. A gar
nishee <the factor held $400 of the debtor's property
when the writ of garnishment was served>. [Cases:
Garnishment (;::::> 13-24.] 5. A person in charge of
managing property, esp. real property.
judicial factor. Scots law_ An administrator or factor
specially appointed by the Court ofSession to manage
an estate.
factorage. 07c) 1. The compensation paid to a factor
for his or her services. [Cases: Factors (;::::>44.] 2. The
business ofa factor. [Cases: Factors 1,5.J
factoring, n. The buying of accounts receivable at a
discount. -The price is discounted because the factor
(who buys them) assumes the risk ofdelay in collection
and loss on the accounts receivable. [Cases: Factors
1,5,10.]
factorize (fak-t;l-rIz), vb. (I9c) 1. GARNISH (2). 2. GARNISH
(3). -factorization, n.
factorizing process. (1837) A procedure or legal process
by which a third party, rather than the creditor, attaches
a debtor's property; GARNISHMENT. -Also termed
trustee process; process by foreign attachment. [Cases:
Garnishment {~LJ
"In Vermont and Connecticut, the [garnishee] is also some
times called the factor, and the process [of garnishing],
factorizing process." Charles D. Drake, A Treatise on the
Law of Suits by Attachment in the United States  451, at
386 (7th ed. 1891).
factor's act. A statute protecting one who buys goods
from a factor or agent by creating the presumption that
the agent was acting on the owner's behalf and with the
owner's approval. [Cases: Factors (;::::>58.]
factor's lien. See LIEN.
factory act. A statute that regulates workers' hours,
health, and safety. See FAIR LABOR STANDARDS ACT.
fact pleading. See code pleading under PLEADING (2).
fact question. See QGESTION OF FACT.
fact-trier. See FACT-FINDER.
factual cause. See but-for cause under CAUSE (1).
factual impossibility. See IMPOSSIBILITY.
factual presumption. See presumption offact under PRE
SUMPTION.

672 factum
factum (fak-t<lm), n. [Latin] (ISc) 1. A fact, such as a
person's physical presence in a new domicile. 2. An act
or deed, such as the due execution of a will.  Over
time, factum in this sense came to mean "charter"
that is, the act or deed of conveying land, reduced to
written form. See fraud in the factum under FRAUD.
"lilt is only a short step to holding as a matter of law that a
'deed' and by a deed (fet, factum) men are beginning to
mean a sealed piece of parchment ~has an operative force
of its own which intentions expressed, never so plainly,
in other ways have not. The sealing and delivering of the
parchment is the contractual act. Further, what is done by
'deed' can only be undone by 'deed.'" 2 Frederick Pollock
& Frederic W. Maitland, The History of English Law Before
the Time of Edward I 220 (2d ed. 1899).
factum imprestabile (fak-t<lm im-pres-tay-ba-lee).
[Law Latin] Hist. An act that cannot be performed;
an impossibility.
factum juridicum (fak-tam juu-rid-i-bm). [Latin] A
juridical fact.
factum probandum (fak-trim pra-ban-drim). [Latin] A
fact to be proved.
"Evidence is always a relative term. It signifies a relation
between two facts, the factum probandum, or proposition
to be established, and the factum probans, or material
evidencing the proposition. The former is necessarily to
be conceived of as hypothetical; it is that which the one
party affirms and the other denies, the tribunal being as
yet not committed in either direction. The latter is con
ceived of for practical purposes as existent and is offered
as such for the consideration of the tribunal. The latter is
brought forward as a reality for the purpose of convinci ng
the tribunal that the former is also a reality." John Henry
Wigmore, Evidence in Trials at Common Law  2, at 14-15
(Peter Tillers ed., 1983).
factum probans (fak-tam proh-banz). [Latin] A proba
tive or evidentiary fact; a subsidiary fact tending to
prove a principal fact in issue.
factum proprium et recens (fak-t<lm proh-pree-<lm et
ree-senz). [Law Latin] Hist. One's own act recently
performed.
3. A statement of facts. 4. BRIEF (1). PI. facta.
factum ofa will. The formal ceremony ofmaking a will;
a will's execution by the testator and attestation by the
witnesses.
fact work product. See WORK PRODUCT.
facultative certificate (fak-al-tay-tiv). Insurance. A
contract of reinsurance separately negotiated to cover
risks under a single insurance policy . Facultative rein
surance allows the reinsurer the "faculty" ofassessing
and possibly rejecting a particular risk (esp. if under
writing information is inadequate). [Cases: Insurance
C:=:>3605.]
facultative reinsurance. See REINSURANCE.
faculties. (16c) Hist. Eccles. law. 1. An authorization
granted to a person to do what otherwise would not
be allowed. 2. The extent of a husband's estate; esp.,
the ability to pay alimony. See ALLEGATION OF FACUL
TIES.
Faculties, Court of. See COliRT OF FACULTIES. Faculties, Master of the. See MASTER OF THE FACUL
TIES.
Faculty of Advocates. Scots law. The society compris
ing the members of the Scottish bar. Unlike the
English bar, the advocates do not have chambers, but
all share the facilities ofAdvocates' Library in Parlia
ment House.
faderfium (fah-thar-fee-<lm). Hist. A marriage gift to the
bride from her father or brother.
faeder-feoh (fah-th<lr-fee). Hist. Property brought by
a wife to her husband at marriage . Ifthe husband
died, the property reverted to the widow if the heir of
the deceased husband refused consent to her second
marriage. The property reverted to the widow's family
if she returned to them.
faggot. Hist. 1. A piece of firewood used to burn a heretic
alive. 2. An embroidered figure ofa faggot, required to
be worn by heretics who had recanted.
fail, n. A transaction between securities brokers in which
delivery and payment do not occur at the prescribed
time, usu. on the settlement date. -Also termed fail
contract.
fail to deliver. The nondelivery of securities from a
selling broker to a buying broker by the settlement
date.
fail to receive. The failure ofa buying broker to receive
delivery of securities from the selling broker by the
settlement date.
fail, vb. (l3c) 1. To be deficient or unsuccessful; to fall
short <they failed to settle the dispute>. 2. To become
insolvent or bankrupt <two banks failed last week>. 3,
To lapse <the bequest failed as a result ofademption>.
fail contract. See FAIL.
failed devise. See lapsed devise under DEVISE.
failed gift. 1. See lapsed devise under DEVISE. 2. See
lapsed legacy under LEGACY.
failed legacy. See lapsed legacy under LEGACY.
failing circumstances. See INSOLVENCY.
failing-company doctrine. Antitrust. The rule that
allows an otherwise proscribed merger or acquisition
between competitors when one is bankrupt or near
failure. 15 USCA  12-27. -Also termed failing
firm defense. [Cases: Antitrust and Trade Regulation
(,--'910.]
"The 1992 guidelines provide a limited defense for failing
firms and failing divisions of firms. The defense is available
if impending failure would cause the assets of one party
to leave the market if the merger does not occur. Thus to
establish a failing firm defense, the parties must show that
the failing firm cannot (1) meet its financial obligations, (2)
reorganize in bankruptcy, and (3) find another buyer whose
purchase of the firm would pose lesser anticompetitive
risks. The parties must further show that (4) without the
merger, the failing firm's assets will exit the market." Ernest
Gellhorn & William E. Kovacic, Antitrust Law and Economics
in a Nutshell 398-99 (4th ed. 1994).
fail position. A situation existing when, after all transac
tions in a security have been netted out, a broker owes

another broker more securities than it has coming in
from other firms.
failure. (l7c) 1. Deficiency; lack; want. 2. An omission
ofan expected action, occurrence, or performance. See
LAPSE (2).
failure ofa condition. The nonoccurrence of an event
that has been made a condition ofthe contract.  The
usual result is that one or both of the parties do not
have to perform because of the failure of the condi
tion.
failure ofconsideration. See FAILURE OF CONSIDER
ATION.
failure ofgood behavior. A civil servant's act that is
ground for removal. [Cases; Officers and Public
Employees (:::::;69.7.]
failure ofissue. See FAILURE OF ISSUE.
failure ofjustice. See MISCARRIAGE OF JUSTICE.
failure ofproof. A party's not having produced evidence
establishing a fact essential to a claim or defense.
failure oftitle. A seller's inability to establish a good
claim to the property contracted for sale. Cf. clear
title under TITLE (2). [Cases: Vendor and Purchaser
C"::) 129(1),]
failure oftrust. The invalidity of a trust because the
instrument creating it has a defect or because of its
illegality or other legal impediment. [Cases: Trusts
(:::::;68.)
failure ofwill. The invalidity of a will that was not
executed with necessary statutory formalities.
failure otherwise than on the merits. The defeat of
a plaintiffs claim by a procedural device without a
decision on the existence of the claim's elements.
failure to bargain collectively. An employer's refusal to
discuss labor issues with a union. [Cases: Labor and
Employment (:::::; 1479.)
failure to claim. Patents. A finding by the U.S. Patent
and Trademark Office or by a court that a patent appli
cant or patentee has forfeited the right to broader pro
tection by not seeking protection for some disclosed
subject matter . Any art outside the explicit claims,
including foreseeable alteration of the claimed struc
ture, is considered dedicated to the public domain.
failure to make delivery. Nondelivery or misdelivery.
failure to meet obligations. 1. See BANKRUPTCY (4). 2.
See INSOLVENCY.
failure to perform. A party's not meeting its obliga
tions under a contract. See CONTRACT (4). [Cases:
Contracts (:;:::)261(1), 312(1),315.]
failure to state a cause of action. A plaintiff's not
having alleged facts in the complaint sufficient to
maintain a claim. _ This failure warrants dismissal
of the complaint. [Cases: Pleading Pretrial
Procedure (:::::;'622.]
failure to testify. A party's esp. a criminal defen
dant's decision not to testify . Under the Fifth Amendment, the prosecutor and the judge cannot
comment to the jury on a criminal defendant's failure
to testify. But comments on the failure are usu. per
missible in a civil case. [Cases; Criminal Law (:::::;
2129; Evidence Witnesses (:::::;88.]
failure of consideration. (1803) A seriously deficient
contractual performance that causes a contract's basis
or inducement to cease to exist or to become worthless.
 Scholars disapprove ofthis term as misleading, since
failure ofperformance is more accurate. Unlike consid
eration, the phrase failure ofconsideration relates not
to the formation of a contract but to its performance.
See CONSIDERATION Cf. WANT OF CONSIDERATION,
[C


of a contract but to its performance.
See CONSIDERATION Cf. WANT OF CONSIDERATION,
[Cases: Contracts 260, 309(1).]
"An illustration will help Indicate how the term is used. If
C promises to build a structure for 0 and 0 promises to
make payment when the work is completed, it is clear that
there is consideration on both sides of this contract and
that therefore a contract was formed upon the exchange
of promises. If C fails to perform, the result is sometimes
described as a 'failure of consideration.' 'Failure of con
sideration' simply means a failure to perform and as used
covers both a material breach of constructive conditions
and a failure to perform an express condition. The use of
the term 'failure of consideration' in this sense appears
to be an unnecessary invitation to confUSion because the
word consideration is being used in two different senses.
Fortunately, the use of this phrase has gradually fallen into
disuse, It is, however, still suffiCiently widespread to be
mentioned here. This volume nowhere utilizes 'failure of
conSideration' as an operative concept." John D. Calamari
&Joseph M, Perillo, The Law ofContracts  1121, at 474-75
(3d ed, 1987),
partial failure of consideration. (1808) A party's
incomplete pertormance ofa contract with multiple,
severable performances, so that if some ofthe perfor
mances are not accomplished, the appropriate part of
the agreement can be apportioned to whatever has
been completed. [Cases: Contracts (:::::;86,260.)
total failure ofconsideration. (1809) A situation in
which the contract is indivisible so that a complete
lack ofconsideration voids the contract. [Cases: Con
tracts (:::::;85, 260.]
failnre ofgood behavior. See FAILURE.
failure ofissue. (I7c) Archaic. The fact of a person's dying
when the person has no surviving children or other
descendants who are eligible to inherit the person's
estate. -Also termed dying without issue; definite
failure ofissue; default ofissue. See ISSUE (3). [Cases:
Descent and Distribution (:::::; 14-16.]
'There has been considerable litigation during the past
several centuries over the meaning of a gift to 'A and his
heirs, but if A shall die Without issue, to S and his heirs.'
First ofall, what does 'die without issue' mean? The answer
appears simple -you look to the time of A's death to
determine whether or not he has any children or grandchil
dren. But that is not the way the English courts originally
construed this language, The English adopted the socalled
'indefinite failure of issue' construction if at any time
in the future A's line of descent should come to an end,
then there was a gift over to S and his heirs. The effect of
this was a fee tail in A and a remainder in B. This seems
a distortion of the language. and particularly unsuited to
American circumstances since the fee tail never found
a real home here. Most of our jurisdictions, by judicial

674 failure of justice
decision or statute, adopted the socalled 'definite failure
of issue' construction you look to the date of A's death
to determine whether he has issue, and to that time alone.
If A has issue at that time, then the gift over to Bfails. This
seems to be the literal meaning of the words, and it is the
only sensible conclusion in a system where the fee tail is
virtually a dead letter. The English also struck down the
constructional preference for indefinite failure by statute in
the nineteenth century." Thomas F. Bergin &Paul C. Haskell,
Preface to Estates in Land and Future Interests 236-37 (2d
ed. 1984).
indefinite failure ofissue. (18c) A failure of issue
whenever it happens, without any certain period
within which it must happen. [Cases: Wills ~
606.]
failure ofjustice. See MISCARRIAGE OF JUSTICE.
failure ofproof. See FAILURE.
failure-of-proof defense. (1982) The defense that a
party's proof does not establish a fact essential to a
claim or defense.
failure of record. Hist. In a trial by record, a party's
inability to produce the record and thereby prove
a pleading; an absence of proof to support a party's
pleading. The other party was entitled to summary
judgment. See trial by record under TRIAL.
failure oftitle. See FAILURE.
failure oftrust. See FAILURE.
failure ofwill. See FAILURE.
failure otherwise thau on the merits. See FAILURE.
failure to bargaiu collectively. See FAILURE.
failure to claim. See FAILURE.
failure-to-disclose-best-mode rejection. See REJEC
TION.
failure to make delivery. See FAILURE.
failure to meet obligations. 1. See BANKRUPTCY (4). 2.
See INSOLVENCY.
failure to perform. See FAILURE.
failure-to-perform exclusion. See EXCLUSION (3).
failure to protect. Family law. The refusal or inability of
a parent or guardian to prevent abuse ofa child under
his or her care. [Cases; Infants ~156, 179.]
failure to state a cause ofaction. See FAILURE.
failure-to-supervise statute. See PARENTAL-LIABILITY
STATUTE.
failure to testify. See FAILURE.
failure to thrive. (1967) Family law. 1. A medical and
psychological condition in which a child's height,
weight, and motor development fall Significantly below
average growth rates . Failure to thrive is sometimes
asserted as a ground for alleging abuse or neglect by a
parent or caregiver. 2. A condition, occurring during
the first three years ofa child's life, in which the child
suffers marked retardation or ceases to grow. -Abbr.
FTT.
faint action. See FEIGNED ACTION. faint pleader. (17c) A false, fraudulent, or collusive
manner of pleading.
fair, adj. (bef. 12c) 1. Impartial; just; equitable; disinter
ested <everyone thought that Judge Jones was fair>. 2.
Free ofbias or prejudice <in jury selection, the lawyers
tried to select a fair and impartial jury>.
fair, n. (Be) Hist. A privileged market for the buying and
selling ofgoods. A fair was an incorporeal heredita
ment granted to a town by royal patent or franchise or
established by prescription. The franchise to hold a fair
conferred important privileges, and a fair, as a legally
recognized institution, possessed distinctive legal char
acteristics, most ofwhich are now obsolete. C( market
overt under MARKET.
fair-and-equitable requirement. (I7c) Bankruptcy. A
Bankruptcy Code standard requiring a forced, non
consensual Chapter 11 plan (a "cramdown" plan) to
provide adequately for each class of interests that has
not accepted the plan. In determining whether a
cramdown plan is fair and equitable and thus can be
confirmed, a bankruptcy court must apply the Code's
detailed statutory criteria, consider the plan as a whole,
and weigh all the circumstances surrounding the treat
ment of each impaired class of interests. In addition
to the fair-and-equitable requirement, the Chapter 11
cramdown plan must (1) be accepted by at least one
impaired class of claims, and (2) not discriminate
unfairly among impaired classes that have not accepted
the plan. 11 USCA  1129{b). See CRAMDOWN. [Cases:
Bankruptcy ~---:J 3563.]
fair and impartial jury. See impartial jury under JURY.
fair aud impartial trial. See FAIR TRIAL
fair and proper legal assessment. See EQUALIZATION
(2).
fair and reasonable value. See fair market value under
VALUE (2).
fair and valuable consideration. See fair consideration
(1) under CONSIDERATION (1).
fair averaging. The process of assessing taxes by using
the average ofthe amount and price ofgoods acquired
over a 12-month period rather than the amount and
price at a particular time ofthe year.
fair cash market value. See fair market value under
VALUE (2).
fair cash value. See fair market value under VALUE (2).
fair comment. (18c) A statement based on the writer's
or speaker's honest opinion about a matter of public
concern. Fair comment is a defense to libel or slander.
[Cases: Libel and Slander ~48(1).]
fair competition. See COMPETITION.
fair consideration. See CONSIDERATION (1).
Fair Credit Billing Act. A federal law that facilitates the
correction of billing errors by credit-card companies
and makes those companies more responsible for the
quality ofgoods purchased by cardholders. 15 USCA
1666-1666j. [Cases: Consumer Credit C=j 37.]

fair-credit-reporting act. (1971) A federal or state law
that regulates disclosure and use of consumer-credit
information and ensures the right of consumers to
have access to and to correct their credit reports. _ The
federal Fair Credit Reporting Act was enacted in 1970.
15 USCA  1681-1681u. -Abbr. FCRA. [Cases: Credit
Reporting Agencies (;::0 1-4.]
fair-cross-section requirement. (1975) Constitutional
law. The principle that a person's right to an impartial
jury, guaranteed by the Sixth Amendment, includes
a requirement that the pool of potential jurors fairly
represent the composition ofthe jurisdiction's popula
tion. The pool of potential jurors need not precisely
match the composition of the jurisdiction. But the
representation ofeach group must be fair -no group
should be systematically excluded or underrepresented.
A minimal disparity in a particular group's represen
tation, such as an absolute disparity of 10%, will not
ordinarily violate this principle unless some aggravat
ing factor exists. See DUREN TEST; ABSOLUTE DISPAR
ITY; COMPARATIVE DISPARITY; STATISTICAL-DECISION
THEORY. [Cases: Jury (;::033(1.1).]
fair dealing, n. (17c) 1. The conduct of business with
full disclosure, usu. by a corporate officer with the
corporation. [Cases: Corporations 316.] 2. A
fiduciary's transacting ofbusiness so that, although the
fiduciary might derive a personal benefit, all interested
persons are fully apprised of that potential and of all
other material information about the transaction. Cf.
SELF-DEALING. 3. Canadian law. FAIR USE.
Fair Debt Collection Practices Act. A federal statute
that regulates debt-collection practices, and defines the
rights ofconsumers who are contacted by debt collec
tors. 15 USCA  1692-1692p. -Abbr. FDCPA. [Cases:
Antitrust and Trade Regulation (;:::)210.]
fair hearing. See HEARIKG.
Fair Labor Standards Act. A federal law, enacted in 1938,
that regulates minimum wages, overtime pay, and the
employment of minors. 29 USCA  201-219. Abbr.
FLSA. [Cases: Lahor and Employment C=;2217(2).]
fairly-debatable rule. 1. Insurance. In some states, a
test that requires an insurer to have a plausible basis
for denying a claim to avoid bad-faith liability. [Cases:
Insurance C=>3336.J 2. Zoning. A doctrine that bars a
court from interfering with a zoning decision that is
supported by substantial evidence, although it is one
on which reasonable minds can differ. - A court will
not interfere with a decision supported by substantial
evidence. [Cases: Zoning and Planning C:~602, 605,
703.]
fair market price. See fair market value under VALUE
(2).
fair market value. See VALUE (2).
fairness doctrine. (1965) Hist. A tederallaw, based on an
FCC rule, requiring the broadcast media to furnish a
reasonable opportunity for the discussion of conflicting
views on issues ofpublic importance . The FCC aban
doned the fairness doctrine in 1987. Also termed equal-time doctrine. Cf. EQUAL TIME ACT. [Cases: Tele
communications C='1153(2).J
fair notice. See NOTICE.
fair on its face. (l8c) (Of a document) having the appear
ance ofbeing regular or legal and not capable of being
shown to be defective without extraneous evidence.
fair persuasion. See PERSUASION.
fair play. Equity, candor, and fidelity in dealings with
another.
fair play and substantial justice. (1945) The fairness
requirement that a court must meet in its assertion
of personal jurisdiction over a nonresident defendant
to comport with due process. International Shoe Co.
v. Washington, 326 U.S. 310, 66 S.C!. 154 (1945). See
MINIMUM CONTACTS. [Cases: Constitutional Law
3964.]
fair preponderance of the evidence. See PREPONDER
ANCE OF THE EVIDENCE.
fair presentation. 1. Commercial law. A materially
accurate disclosure ofa company's financial condition,
achieved by selecting and using appropriate account
ing policies, reasonably reflecting transactions that
underlie the financial data, and making any additional
necessary disclosures. 2. Criminal law. The require
ment that an applicant for a writ of habeas corpus in a
state's custody must show (1) he or she has exhausted
all available remedies in the state courts, (2) the state
has offered no corrective process, or (3) circumstances
exist that render a state's corrective process insufficient
to protect the applicant's rights. [Cases: Habeas


exist that render a state's corrective process insufficient
to protect the applicant's rights. [Cases: Habeas Corpus
(~::;'380.)
fair rate of return. See RATE OF RETURN.
fair-report privilege. (1980) A defense to liability for
publishing defamatory matter from a report of an
official or judIcial proceeding, when the report is a full,
fair, and accurate account ofthe proceeding. [Cases:
Libel and Slander 42.]
fair representation. Labor law. Union representation
that adequately covers all union members in collective
bargaining and in the lodging of grievances. [Cases:
Labor and Employment C=:c 1208, 1209.]
fair return on investment. See RETURN.
fair sale. See SALE.
fair-share membership. See FINANCIAL-CORE MEMBER
SHIP.
fair trade, n. Commerce conducted under a fair-trade
agreement.
fair-trade agreement. (1937) A commercial agreement
that a seller will sell all ofa producer's goods at or above
a specified minimum price. -Fair-trade agreements
were valid until 1975, when the Consumer Goods
Pricing Act made them illegal. 15 USCA  1, 45.
fair-trade law. A state statute that protects and enforces
fair-trade agreements . At one time, many states
had fair-trade laws. But when applied to interstate

676 fair trial
commerce, the laws may violate the Sherman Antitrust
Act, so most states have repealed them.
fair trial. (17c) A trial by an impartial and disinterested
tribunal in accordance with regular procedures; esp.,
a criminal trial in which the defendant's constitutional
and legal rights are respected. Also termed fair and
impartial trial.
fair use. (1869) Copyright. A reasonable and limited use
ofa copyrighted work without the author's permission,
such as quoting from a book in a book review or using
parts of it in a parody. -Fair use is a defense to an
infringement claim, depending on the following statu
tory factors: (1) the purpose and character of the use, (2)
the nature of the copyrighted work, (3) the amount of
the work used, and (4) the economic impact ofthe use.
17 USCA  107. -Also termed (in Canadian law) fair
dealing. [Cases: Copyrights and Intellectual Property
(';::53.2.]
"[Fair use is] the most troublesome [problem] in the whole
law of copyright." Del/or v. Samuel Goldwyn, Inc., 104 F.2d
661,662 (2d Or. 1939) (per curiam).
"Fair use is a judicial safety valve, empowering courts to
excuse certain quotations or copies of copyrighted material
even though the literal terms of the Copyright Act prohibit
them." Paul Goldstein, Copyright's Highway 84 (1994).
fair value. See fair market value under VALUE (2).
fair-value accounting method. See ACCOUNTING
METHOD.
fair-value law. A statute allowing a credit against a defi
ciency for the amount that the fair market value ofland
exceeds the price at foreclosure. -Also termed fair
value legislation. [Cases: Mortgages (:-=>559(7), 56l.7.]
fair warning. (1931) Criminal law. The requirement
that a criminal statute define an offense with enough
precision so that a reasonable person can know what
conduct is prohibited and so that a reasonably skilled
lawyer can predict what conduct falls within the stat
ute's scope. Also termed fair notice. [Cases: Criminal
Law (:::) 13.1.]
fair wear and tear. See WEAR AND TEAR.
fait (fay or fe). [Law French fro Latin factum] Anything
done; an act or deed . 'The term fait accompli (fay or fe
td-kom-plee), meaning "a deed accomplished," which
is not merely legal, is related to this word.
fait enrolle (fay or fe ton-rohl). [Law French] Hist. An
enrolled deed of a sale ofa freehold estate.
faith and trust. See FLIM FLAM.
Faithfully Executed Clause. (1967) The clause of the U.S.
Constitution providing that the President must take
care that the laws are carried out faithfully. U.S. Const.
art. II,  3. [Cases: United States C=>26.]
faith-healing exemption. Family law. In a child-abuse
or child-neglect statute, a provision that a parent who
provides a child with faith healing (in place of standard
medical treatment) will not, for that reason alone, be
charged with abuse or neglect.  Nearly all states have
enacted some form of faith-healing exemption. But the statutes differ greatly. For example, they differ
on whether the exemption is available as a defense
to manslaughter or murder charges brought against
a parent whose child dies as a result of the parent's
having refused to consent to medical treatment. -Also
termed religious-exemption statute; spiritual-treatment
exemption. Cf. medical neglect under NEGLECT.
fake, n. (19c) Something that is not what it purports to
be. See FORGERY (2); IMPOSTOR.
fake, vb. (19c) To make or construct falsely. See COUN
TERFEIT.
Falcidianlaw (fal-sid-ee-dn). (17c) Roman law. A law pre
scribing that one could give no more than three-fourths
of one's property in legacies and that the heirs should
receive at least one-fourth (the Fakidian portion). -If
the testator violated this law, the heir had the right to
deduct proportionally from each legatee as necessary.
The law, proposed by the Roman tribune Falcidius,
was enacted in 40 B.C. -Also termed lex Falcidia. See
LEGITIME.
"A large number of small legacies might [either] leave
nothing for the heir ... [or] make his part so small as to
seem valueless in his eyes. But a Falcidian law, passed in
the year 40 B.C., put an end to the whole difficulty. This
law secured to the heir a quarter of the net value of the
estate; the legatees could obtain only three-quarters: if
the legatees named in the will amounted to more than
thiS, they were diminished by proportional reductions....
Few measures have accomplished their purpose more sat
isfactorily than the Falcidian law, which remained in force
through the history of the empire, and holds an important
place in the system ofJustinian." James Hadley, Introduction
to Roman Law 321-22 (1881).
Falcidian portion. Roman law. The one-fourth part ofan
estate that one or more instituted heirs are entitled to
retain. La. Civ. Code art. 1494. -Also termed quarta
Falcidiana. See forced heir under HEIR; LEGITIME. Cf.
QUARTA TREBELLIANICA.
Falconer error. A trial court's failure to instruct the jury
that a guilty finding on a manslaughter charge requires
acquittal on a murder charge. Falconer v. Lane, 905 F.2d
1129 (7th Cir. 1990).
faldage (fahl-dij), n. Hist. 1. A landowner's right to
require tenants to graze their sheep in designated
temporary folds so that the manure will fertilize the
field. -Also termed foldage; fold soc. 2. A sum of
money paid to the landowner by a sheep-owning tenant
in lieu ofkeeping the animals in the landowner's tem
porary fold. Also termed faidfee.
faldfee (fahld-fee), n. Hist. See FALDAGE (2).
faldworth (fahld-wdrth), n. Hist. A person who resides
in a rural community where everyone above a certain
age is responSible for the good conduct of all other
members of the community and has reached that age
of responsibility. _ This was part of the frankpledge
system. See DECENARY; FRANKPLEDGE.
fallacy. Any unsound, and usu. deceptive, argument
or inference. _ Both "formal" and "material" fallacies
occur in a variety ofrecognized categories, knowledge
of which is fundamental in the analysis ofthe validity

677 false imprisonment
oflegal reasoning employed in any legal argument, esp.
in judicial opinions. The presence ofa fallacy in a legal
argument is a defect often fatal and usu. deceptive
-in the legal reasoning.
formalfallacy. A fallacy involving flaws in the form of
the argument, such as a violation of the formal rules
ofsyllogistic reasoning.
material fallacy. A fallacy involving flaws in the factual
content of a logical argument.
fallo (fahl-yoh), n. Spanish law. The mandate in a court's
judgment; the dispositive sentence in a judicial pro
nouncement.
fall ofthe hammer. An auctioneer's closing ofbidding
<the bureau will be sold at the fall of the hammer> .
Traditionally, an auctioneer bangs a hammer, gavel, or
other object when bidding is closed. In some circum
stances, such as online auctions, a verbal announcement
that bidding is closed substitutes. [Cases: Auctions and
Auctioneers
falsa causa. See CAUSA (2).
falsa demonstratio (fal-sa or fawl-sa dem-an-stray
shee-oh). Roman law. A false designation; an erroneous
description ofa person or thing in a legal instrument.
 Generally, a simple error in description, grammar,
or spelling will not void an instrument or even a Single
provision in it (such as a bequest by will). -Also
termed false demonstration.
falsa moneta (fal-8;> or fawl-sa m;>-nee-ta). Roman law.
Counterfeit money.
falsare (fal-sair-ee or fawl-), vb. [Law Latin] Hist. To
counterfeit; to falsify.
falsarius (fal-sair-ee-as or fawl-). [Law Latin] Hist. A
counterfeiter. Also spelled falcarious. -Also termed
falsonarius.
false, adj. (12c) 1. Untrue <a false statement>. 2. Deceit
ful; lying <a false witness>. 3. Not genuine; inauthentic
<false coinage> . What is false can be so by intent, by
accident, or by mistake.
false, vb. 1. Scots law. To make or prove false. 2. Archaic.
FALSIFY (1).
false action. See FEIGNED ACTION.
false advertising, n. (1911) 1. The tortious and some
times criminal act of distributing an advertisement
that is untrue, deceptive, or misleading; esp., under the
Lanham Trademark Act, an advertising statement that
tends to mislead consumers about the characteristics,
quality, or geographic origin ofone's own or someone
else's goods, services, or commercial activity . Under
43(a) ofthe Lanham Act, false advertising is actionable
by anyone who reasonably believes that he or she has
been or is likely to be damaged by the statement. An
exaggerated opinion ("puffing") is an immaterial state
ment and therefore not actionable. [Cases: Antitrust
and Trade Regulation (>21,163; Fraud (>H(l).] 2. At
common law, a statement in a defendant's advertising
about its own goods or services intended to deceive or
confuse customers into buying those goods or services instead ofthe plaintiff's, and causing actual damage to
the plaintiff, esp. the loss ofsales. -Also termed (in
both senses) deceptive advertising.
false answer. See ANSWER (1).
false arrest. See ARREST.
false-association claim. Intellectual property. A claim
based on the wrongful use ofa distinctive name, mark,
trade dress, or other device to misrepresent sponsor
ship, origin of goods or services, or affiliation. The
power to assert a false-association claim is not limited
to trademark registrants. Any person who claims an
injury caused by deceptive use of a trademark or its
equivalent may have standing to bring suit. See 15
USC A  112S(a)(l)(A). [Cases: Trademarks 1106,
1117, 1563.]
false character. Hist. The crime ofimpersonating a ser
vant's master or mistress. See IMPOSTOR.
false check. See bad check under CHECK.
false claim. An assertion or statement that is untrue;
esp., overbilling.
False Claims Act. A federal statute establishing civil and
criminal penalties against persons who bill the govern
ment falsely, deliver less to the government than rep
resented, or use a fake record to decrease an obligation
to the government. 18 USCA  286-287; 31 USCA
3729-3733. The Act may be enforced either by the
attorney general or by a private person in a qui tam
action. See QUI TAM ACTION. [Cases: United States
120.]
false conflict oflaws. See CONFLICT OF LAWS.
false demonstration. See FALSA DEMONSTRATIO.
false designation oforigin. Trademarks. A mark, design,
or similar element that creates a misleading or errone
ous impression of a good or product's source. [Cases:
Antitrust and Trade Regulation Trademarks
C:::l1419.]
false evidence. Seefalse testimony under TESTIMONY.
falsehood. 1. See LIE. 2. See PERJURY.
false impersonation. See IMPERSONATION.
false-implication libel. See LIBEL.
false imprisonment. (l4c) A restraint of a person in a
bounded area without justification or consent.  False
imprisonment is a common-law misdemeanor and
a tort. It applies to private as well as governmental
detention. Cf. false arrest under ARREST. [Cases: False
Imprisonment (>2, 43.]
"[


f. false arrest under ARREST. [Cases: False
Imprisonment (>2, 43.]
"[In the phrase false imprisonment,] false is ... used not in
the ordinary sense of mendacious or fallaCiOUS, but in the
less common though well-established sense of erroneous
or wrong; as in the phrases false quantity, false step, false
taste, etc." R.F.V. Heuston, Salmond on the Law ofTons 123
n.38 (17th ed. 1977).
"False imprisonment was a misdemeanor at common law
and is recognized by some states today. It differs from kid
napping in that asportation is not required. If the imprison
ment is secret, some jurisdictions treat it as kidnapping,"
Arnold H. Loewy, Criminal Law in a Nutshe.1I65 (2d ed,
1987).

678 false judgment
"Some courts have described false arrest and false impris
onment as causes of action which are distinguishable
only in terminology. The two have been called virtually
indistinguishable, and identical. However, the difference
between them lies in the manner in which they arise. In
order to commit false imprisonment, it is not necessary
either to intend to make an arrest or actually to make an
arrest. By contrast. a person who is falsely arrested is at
the same time falsely imprisoned." 32 Am. Jur. 2d False
Imprisonment  3 (1995).
false judgment. Hist. A writ filed to obtain review of a
judgment ofa court not ofrecord.
"After judgment given, a writ also of false judgment lies to
the courts at Westminster to rehear and review the cause,
and not a writ of error; for this is not a court of record ...."
3 William Blackstone, Commentaries on the Laws ofEngland
34 (1768).
false light. (1962) 1. Torts. In an invasion-of-privacy
action, a plaintiff's allegation that the defendant attrib
uted to the plaintiff views that he or she does not hold
and placed the plaintiff before the public in a highly
offensive and untrue manner.  Ifthe matter involves
the public interest, the plaintiff must prove the defen
dant's malice. See invasion ofprivacy byfalse light under
INVASION OF PRIVACY. [Cases: Torts C:='352.] 2. (usu.
pl.) Maritime law. A signal displayed intentionally to
lure a vessel into danger. 18 USCA  1658(b). -Also
termedfalse light or signal.
false making. See FORGERY (I).
false-memory syndrome. The supposed recovery of
memories of traumatic or stressful episodes that did
not actually occur, often in session with a mental
health therapist.  This term is most frequently applied
to claims by adult children that repressed memories
of prolonged and repeated child sexual abuse, usu.
by parents, have surfaced, even though there is no
independent evidence to substantiate the claims. Cf
REPRESSED-MEMORY SYNDROME.
False Memory Syndrome Foundation. An organiza
tion ofparents who claim that their adult children have
falsely accused them ofchildhood sexual abuse . The
organization was formed for the purpose of aiding
persons who claim to have been wrongly accused as a
result of the recovery of repressed memories. -Abbr.
FMSP. Cf VICTIMS OF CHILD ABUSE LAWS.
false misrepresentation. See MISREPRESENTATION .
This phrase is redundant because misrepresentation
includes the idea of falsity.
false news. Hist. The misdemeanor of spreading false
information that causes discord between the monarch
and the people or between important people in the
realm. 3 Edw., ch. 34.
false oath. See PERJURY.
false personation. Seefalse impersonation under IMPER
SONATION.
false plea. See sham pleading under PLEADING (1).
false pretenses. (ISc) The crime of knowingly obtaining
title to another's personal property by misrepresenting a
fact with the intent to defraud. Although unknown to English common law, false pretenses became a misde
meanor under a statute old enough to make it common
law in the United States. Modern American statutes
make it either a felony or a misdemeanor, depending on
the property's value. -Also termed obtaining property
by false pretenses; fraudulent pretenses. Cf. larceny by
trick under LARCENY; EMBEZZLEMENT. [Cases: False
Pretenses 1.]
false promise. See PROMISE.
false report. (1S27) Criminal law. The criminal offense
of informing law enforcement about a crime that did
not occur. [Cases: Obstructing Justice
false representation. See MISREPRESENTATION.
false return. (16c) 1. A process server's or other court
official's recorded misrepresentation that process
was served, that some other action was taken, or that
something is true. See RETURN (2). [Cases: Process
132-144,153, 160.] 2. A tax return on which taxable
income is incorrectly reported or the tax is incorrectly
computed. See TAX RETURN. [Cases: Internal Revenue
44S0.J
false statement. See STATEMENT.
false swearing. See PERJURY.
false testimony. See TESTIMONY.
false token. See TOKEN.
false verdict. See VERDICT.
false weight. (usu. pl.) A weight or measure that does not
comply with governmentally prescribed standards or
with the prevailing custom in the place and business in
which the weight or measure is used. [Cases: Weights
and Measures C= 10.]
falsi crimen. See crimen falSi under CRIMEN.
falsify, vb. (1Sc) 1. To make something false; to counter
feit or forge <the chiropractor falsified his records to
help the plaintiff>. -Also termed (archaically) false.
See COUNTERfEIT; FORGERY. 2. Rare. To prove some
thing to be false or erroneous <their goal in the appeal
was to falsify the jury's verdict>. falsification, n.
falsifying a record. (l8c) The crime of making false
entries or otherwise tampering with a public record
with the intent to deceive or injure, or to conceal wrong
dOing. 18 USCA  1506,2071,2073; Model Penal Code
 224.4. [Cases: Fraud C:='68; Records
falsing of dooms, n. See APPEAL (I).
falsity, n. (l3c) 1. Something (such as a statement) that is
false. See LIE. 2. The quality ofbeing false. See FALSE.
falsonarius. See FALSARHJS.
falso retorno brevium (fal-soh [or fawl-soh] ri-tor-noh
bree-vee-Jm). [Law Latin] Hist. A writ against a sheriff
for falsely returning a writ.
falsum (fal-sam or fawl-sam), n. [Latin] Roman law. 1.
A false statement. See crimen falsi under CRIMEN. 2. A
crime involving forgery or falsification . Until the later
Roman empire, the term applied to both documents
and counterfeited coins.

679
falsus in uno doctrine (fal-sas [or fawl-sas] in yoo-noh).
[fro Latin falsus in uno, falsus in omnibus "false in one
thing, false in all"] The principle that if the jury believes
that a witness's testimony on a material issue is inten
tionally deceitful, the jury may disregard all ofthat wit
ness's testimony. [Cases: Trial C-~187, 210; Witnesses
(;::::'317.]
"[TJhere is an old maxim 'falsus in uno, falsus in omnibus'
(false in one thing, false in all), which is often much over
emphasized by counsel, though it is recognized by many
courts in their charges to the jury. But this is only primitive
psychology, and should be completely discarded." John
H. Wigmore, A Students' Textbook of the Law of Evidence
181 (1935).
faltering-company exception. A provision in the Worker
Adjustment and Retraining Notification Act exempting
an employer from giving the required 60-day notice for
a plant shutdown if (1) at the time notice was due, the
employer was seeking capital or resources that would
have allowed the employer to avoid a shutdown, and
(2) the employer reasonably believed that providing the
notice would have precluded the employer from obtain
ing the necessary capital or other resources. 29 USCA
 2102(b)(I). See WORKER ADJUSTMENT AND RETRAIN
ING NOTIFICATION ACT. [Cases: Labor and Employment
fama publica (fay-ma pab-li-ka). [Latin "public repute"]
Hist. A person's reputation in the community . A
person'sfama publica could be used against him or her
in a criminal proceeding. Cf. ILL FAME.
"Now in the thirteenth century we find in the sheriff's turn
a procedure by way of double presentment, and we may
see it often, though not always, when a coroner is holding
an inquest over the body of a dead man. The fama publica
is twice distilled. The representatives of the vilis make pre
sentments to ajury of twelve freeholders which represents
the hundred, and then such of these presentments as the
twelve jurors are willing to 'avow,' or make their own, are
presented by them to the sheriff. ... From the very first
the legal forefathers of our grand jurors are not in the
majority of cases supposed to be reporting crimes that
they have witnessed, or even to be the originators of the
fama publica. We should be guilty of an anachronism if
we spoke of them as 'endorsing a bill' that is 'preferred'
to them; but still they are handing on and 'avowing' as
their own a rumour that has been reported to them by
others." 2 Frederick Pollock & Frederic W. Maitland, The
History of English Law Before the Time of Edward I 643
(2d ed. 1899).
familia (fa-mil-ee-a), n. (18c) [Latin] Roman law. 1. All
persons, free and slave, in the power ofa paterfamilias.
See PATERFAMILIAS. 2. One's legal relations through
and with one's family, including all property, ancestral
privileges, and duties.
"The testator conveyed to him outright his whole 'familia,'
that is, all the rights he enjoyed over and through the
family; his property, his slaves, and all his ancestral privi
leges, together, on the other hand, with all his duties and
obligations." Henry S. Maine, Ancient Law 170 (17th ed.
1901).
3. A family, including household servants.
"Familia.... A family or household, including servants,
that is, hired persons (mercenarii or conductitii,) as well as
bondsmen, and all who were under the authority of one
master, (dominus.) Bracton uses the word in the original family arrangement
sense, as denoting servants or domestics." 1 Alexander
M. Burrill, A Law Dictionary and Glossary 603-04 (2d ed.
1867).
familiae emptor (fo-mil-ee-ee emp-tor). [Latin "estate
purchaser"] Roman law. A trustee who received an
inheritance by a fictitious purchase and distributed it as
the testator instructed. Also termed emptor familiae.
See mancipatory will under WILL.
"At some date, probably long before the XII Tables, men
on the point of death, unable to make a true will because
there was no imminent sitting of the Comitia, adopted the
practice of conveying all their property ... to a person
who is described as the familiae emptor, and who is said
by Gaius to be in loco heredis. Instructions were no doubt
given to him as to the disposal of the property or part
of it, but it is not clear that these were enforceable ...."
w.w. Buckland, A Manual of Roman Private Law 175 (2d
ed. 1953).
familiae erciscundae (fa-mil-ee-ee ar-sis-kan-dee). See
actio familiae erciscundae under ACTIO.
familiares regis (fa-mil-ee-air-eez ree-jis). [Law LatinJ
Hist. 1. Persons ofthe king's household. 2. 1he ancient
title of the six clerks ofchancery in England.
family, n. (l4c) 1. A group of persons connected by
blood, by affinity, or by law, esp. within two or three
generations. 2. A group consisting ofparents and their
children. 3. A group of persons who live together and
have a shared commitment to a domestic relationship.
See RELATIVE. familial, adj.
blended family. (1985) The combined families of
persons with children from earlier marriages or rela
tionships.
extended family. (1942) l. The immediate family
together with the collateral relatives who make up
a clan; GENS. 2. The immediate family together with
collateral relatives and close family friends.
immediate family. (l8c) 1. A person's parents, spouse,
children, and siblings. 2. A person's parents, spouse,
children, and Siblings, as well as those ofthe person's
spouse. Stepchildren and adopted children are usu.
immediate family members. For some purposes, such
as taxes, a person's immediate family may also include
the spouses ofchildren and siblings.
intact family. A family in which both parents live
together with their children.
family allowance. See ALLOWANCE (1).
Family and Medical Leave Act. A 1993 federal statute
providing that employees may take unpaid, job-pro
tected leave for certain family reasons, as when a family
member is sick or when a child is born. 29 USCA
2601 et seq. The statute applies to businesses with
50 or more employees. An employee may take up to
12 weeks ofunpaid leave per year under the FMLA.


50 or more employees. An employee may take up to
12 weeks ofunpaid leave per year under the FMLA.
Abbr. FMLA. Cf. FAMILY LEAVE. [Cases: Labor and
Employment
family arrangement. (1817) An informal agreement
among family members, usu. to distribute property
in a manner other than what the law provides for.

680 family-automobile doctrine
Also termed family settlement. [Cases: Descent and
Distribution C=>82.)
family-automobile doctrine. See FAMILY-PURPOSE
RULE.
family-autonomy doctrine. See PARENTAL-AUTONOMY
DOCTRINE.
family-car doctrine. See FAMILY-PURPOSE RULE.
family compact. See COMPACT.
family corporation. See close corporation under COR
PORATION.
family council. See FAMILY MEETING.
family court. See COURT.
family-court judge. See JUDGE.
family disturbance. See DOMESTIC DISPUTE.
Family Division. English law. A section of the High
Court that has jurisdiction over family matters such
as divorce and custody and over uncontested probate
matters.
Family Educational Rights and Privacy Act. An act
that prescribes minimum standards for the mainte
nance and dissemination of student records by edu
cational institutions. 20 USCA  1232g. It applies
only to schools that receive federal funding. -Abbr.
FERPA. -Also termed Buckley Amendment. [Cases:
Colleges and Universities C=>9.40; Records C=>31.)
family-expense statute. (1901) 1. A state law that
permits a charge against the property of a spouse for
family debts such as rent, food, clothing, and tuition.
[Cases: Husband and Wife 19(1).) 2. A section of
the federal tax code providing that a person may not
deduct expenses incurred for family, living, or personal
purposes. IRC (26 USCA)  262. See NECESSARIES.
[Cases: Internal Revenue C=>3364.)
family farmer. See FARMER.
family-farmer bankruptcy. See CHAPTER 12 (2).
family home. A house that was purchased during
marriage and that the family has resided in, esp. before
a divorce . In some jurisdictions, the court may award
the family home to the custodial parent until (1) the
youngest child reaches the age of 18 or is otherwise
emancipated, (2) the custodial parent moves, or (3) the
custodial parent remarries. In making such an award,
the court reasons that it is in the best interests of the
child to remain in the family home. -Also termed
marital home; marital residence. [Cases: Divorce
252.5.)
family-income insurance. See INSURANCE.
family law. (1919) 1. The body of law dealing with
marriage, divorce, adoption, child custody and support,
child abuse and neglect, paternity, juvenile delin
quency, and other domestic-relations issues. -Also
termed domestic relations; domestic-relations law. 2.
(More broadly) the bodies oflaw dealing with wills
and estates, property, constitutional rights, contracts,
employment, and finance as they relate to families. family leave. (1981) An unpaid leave of absence from
work taken to have or care for a baby or to care for a sick
family member. See FAMILY AND MEDICAL LEAVE ACT.
[Cases: Labor and Employment C=>350, 351.)
family meeting. Hist. Civil law. 1. An advisory council
called to aid the court in a family-law matter, such
as arrangement of a guardianship for a minor or an
incompetent adult . Ifa person had no relatives, the
court could summon friends of the person instead. 2.
A council of relatives of a minor assembled to advise
the minor in his or her affairs and to help administer
the minor's property. -Also termed family council.
[Cases: Guardian and Ward C=>9.)
family of marks. Trademarks. A group of trademarks
that share a recognizable characteristic so that they are
recognized by consumers as identifying a single source.
 An example of a family of marks is the variety of
marks beginning with Mc-and identifying items served
at McDonald's restaurants. [Cases: Trademarks C=>
1060.)
family ofnations. Int'llaw. The community ofcountries
to which international law applies . This term is now
obsolescent. It is increasingly rejected as Eurocentric.
'''The family of nations' is an aggregate of States which, as
the result of their historical antecedents, have inherited
a common civilisation, and are at a similar level of moral
and political opinion." Thomas E. Holland, The Elements of
jurisprudence 396 (13th ed. 1924).
family partnership. See PARTNERSHIP.
family-partnership rules. (1946) Laws or regulations
designed to prevent the shifting of income among
partners, esp. family members, who may not be dealing
at arm's length.
family-pot trust. See TRUST.
family-purpose rule. (1927) Torts. The principle that a
vehicle's owner is liable for injuries or damage caused
by a family member's negligent driving . Many states
have abolished this rule. -Also termed family-pur
pose doctrine;family-automobile doctrine;family-car
doctrine. Cf. GUEST STATUTE. [Cases: AutomobilesC=>
195(5).)
"A number of jurisdictions have adopted the socalled
'family purpose' doctrine, under which the owner of a
motor vehicle purchased or maintained for the pleasure
of his family is liable for injuries inflicted by the negligent
operation of the vehicle while it is being used by members
of the family for their own pleasure, on the theory that
the vehicle is being used for the purpose or business for
which it was kept, and that the person operating it is there
fore acting as the owner's agent or servant in using it."
8 Am. Jur. 2d Automobiles and Highway Traffic  715, at
296 (1997).
family reunification. See REUNIFICATION.
family settlement. See FAMILY ARRANGEMENT.
family shelter. See women's shelter under SHELTER.
family support. A combined award ofchild support and
alimony that does not apportion the amount of each.
[Cases: BankruptcyC=>3365; Child Support C=>140(1);
Divorce C=>230; Internal Revenue C=>3288.)

681
Family Support Act of 1988. A federal statute requiring
states to develop and implement child-support gUide
lines. 42 USCA  667. See CHILD-SUPPORT GUIDELINES.
[Cases: Child Support C:142-148.]
family trust. See TRUST.
family violence. See domestic violence under
VIOLENCE.
famosus (f<l-moh-s<ls), adj. [Latin] Hist. 1. (Of a state
ment) having a defamatory character. 2. (Of an action)
involving infamy if the defendant lost the case.
famosus libellus (f<l-moh-s<ls li-bel-<'ls). [Latin] Roman
law. 1. A libelous writing. 2. The species ofinjury that
is caused by libeL
famous mark. Seefamous mark under TRADEMARK.
famous trademark. See TRADEMARK.
fanciful mark. See fanciful trademark under TRADE
MARK.
fanciful term. See fanciful trademark under TRADE
MARK.
fanciful trademark. See TRADEMARK.
Fannie Mae (fan-ee may). See FEDERAL NATIONAL
MORTGAGE ASSOCIATION.
FAPE. abbr. Free appropriate public education . lhis
is a right of children with disabilities to have access to
free education, guaranteed by the Rehabilitation Act of
1973 and the Individuals with Disabilities Education
Act. See 34 C.P.R.  100.33; 34 C.F.R.  300.13. [Cases:
Schools (;::;:0 148(2).]
FAR. (often pl.) abbr. FEDERAL AVIATION REGULATION
<the pilot violated several FARs before the crash>.
farley (fahr-Iee). Hist. Money paid by a tenant in lieu of
a chattel (or heriot) .  The term invariably referred to a
tenant in the west ofEngland. See HERIOT.
farm, n. (l4c) 1. Land and connected buildings used for
agricultural purposes. 2. Hist. Rent . By extension,
the term came to mean the land for which the rent was
paid. Also termed and spelled ferm; fearm; firme.
farm, vb. (I5c) 1. To cultivate land; to conduct the
business of farming. 2. To lease. See FARM OUT.
Farm Credit Administration. An independent federal
agency that regulates and examines the borrower
owned banks and cooperative associations that make
up the Federal Farm Credit System . The agency was
created in 1929 under the title "Federal Farm Board,"
became an agency in the Department of Agriculture
in 1933, and again became independent in 1971. -
Abbr. FCA. See FEDERAL FARM CREDIT SYSTEM. [Cases:
United States
farmee. See FARMOUTEE.
farmer. (14c) A person whose business is farming.
family farmer. A person or entity whose income and
debts primarily arise from a family-owned and
-operated farm; esp., a person who received more than
80% ofgross income from a farm in the taxable year
immediately preceding a Chapter 12 filing. Only a farmoutee
family farmer can file for Chapter 12 bankruptcy. 11
USCA  101(18). See CHAPTER 12. [Cases: Bankruptcy
farmer bankruptcy. See CHAPTER 12 (2).
Farmers' Home Administration. An agency, formerly
in the U.S. Department ofAgriculture, responsible for
making mortgages and insuring loans to farmers and
for funding rural public-works projects . The agency
was abolished in 1994, and its functions were assumed
by other agencies in the Department -Abbr. FmHA;
FHA. [Cases: United States (;=>53(7).)
farminee. See FARMOUTEE.
farming operation. (1859) Bankruptcy. A business
engaged in farming, tillage of soil, dairy farming,
ranching, raising of crops, poultry, or livestock, and
production of poultry or livestock products in an
unmanufactured state. 11 USCA  101(21). See CHAPTER
12. [Cases: Bankruptcy (;=>2021.1.]
farminor. See FARMOUTOR.
farm let, vb. Hist. To lease; to let land for rent.  To farm
let is a phrasal verb that commonly appeared in real
property leases; it corresponds with its Latin root, ad
firmam tradidi.
"A lease is properly a conveyance of any lands or tene
ments, (usually in consideration of rent or other annual
recompense) made for life, for years, or at will, but always
for a less time than the lessor hath in the premises: for if
it be for the whole interest, it is more properly an assign
ment than a lease. The usual words of operation in it are,
'demise, grant, and to farm let; dimisi, concessi, et ad
firmam tradidi." 2 William Blackstone, Commentaries on
the Laws ofEngland 317-18 (1766).
farmor. See FARMOUTOR.
farm out, vb. (17c) 1. To turn over something (such as an
oil-and-gas lease) for performance by another.  The
term evolved from the Roman practice oftransferring
the right to collect taxes to a third party for a fee. That
practice continued in England, Scotland, and France,
but it has been long abolished. 2. Hist. To lease for a
term. 3. To exhaust farmland, esp. by continuously
raising a single crop.
farmout agreement. Oil & gas. An agreement by which
one who owns an oil-and-gas lease (the farmoutor or
farmor) agrees to assign to another (the farmoutee or
farmee) an interest in the lease in return for drilling
and testing operations on the lease . For the farmor,
the agreement either (1) maintains the lease by securing
production or complying with the implied covenant
to develop or offset, or (2) obtains an interest in pro
duction without costs. For the farmee, the agreement
obtains acreage that is not otherwise available or at
lower cost than would otherwise be possible. A farmout
agreement may also serve as a device to keep people
and equipment gainfully employed. Often short
ened to farmout. -Also written farm out agreement;
farm-out agreement. See ASSIGNMENT. [Cases: Mines
and Minerals (;=>74(8).]
farmoutee (fahrm-ow-tee). An oil-and-gas sublessee to
whom the lease is assigned for purposes of drilling a

farmoutor 682
well. Also termedfarmee;farminee. [Cases: Mines
and Minerals (;::::/74(8).]
farmoutor (fahrm-ow-tor or -t<}r). An oil-and-gas lessee
who assigns the lease to another, who agrees to drill a
well. -Also spelled farmouter. -Also termed farmor;
farminor. [Cases: Mines and Minerals (;:='74(8).]
farm products. Crops, livestock, and supplies used or
produced in farming or products ofcrops or livestock
in their unmanufactured states, if they are in the pos
session of a debtor engaged in farming. UCC  9-102(a)
(34). Cf. growing crops under CROPS. [Cases: Secured
Transactions <>17.]
Farm Service Agency. An agency in the U.S. Depart
ment


Cases: Secured
Transactions <>17.]
Farm Service Agency. An agency in the U.S. Depart
ment of Agriculture responsible for administering
farm-commodity, crop-insurance, and resource-con
servation programs for farmers and ranchers and for
making or guaranteeing farm emergency and operating
loans through a network ofstate and county offices.
Abbr. I;SA. [Cases: United States C=j 53(8).J
farthing of land (fahr-thing). Hist. An area of land
measured as one-quarter of a larger area (much as a
farthing was one-quarter of a penny). - A farthing of
land ranged from a quarter of a hide to a quarter of
an acre.
farvand (fahr-vand). Hist. Maritime law. Voyage or
passage by water under a charterparty.
Faryndon's Inn. Hist. The ancient name of Serjeants'
Inn. See SER]EANTS' INN.
FAS. abbr. 1. FREE ALONGSIDE SHIP. 2. FETAL ALCOHOL
SYNDROME. 3. FOREIGN AGRICULTURAL SERVICE.
fas (fas), n. [Latin] Roman law. 1. Moral law of divine
origin; divine law . Jus, by contrast, is created by man.
See JUS. 2. What is right, proper, lawful, and permit
ted. Cf. NEFAS.
"The first element to be noted in the Roman composite
existing in primitive times, when religion and law were not
distinguished, is fas -the will of the gods, embodied in
rules that regulated not only ceremonials but the conduct
of all men as such." Hannis Taylor, The Science ofJurispru
detice 6S (1908).
"It is true that the two spheres of ius and fas overlapped. , ..
All this, however, concerned merely the question of where
to draw the line between ius and fas; it did not blur the
distinction between the two. From the standpoint of the
history of Roman law. this distinction, consciously made
from very early times, was of great importance, since it
enabled the Romans to delimit the scope and the contents
of strictly legal rules. This attitude may occasionally
have caused a certain cold aloofness from purely human
problems, but it undoubtedly contributed to the clarity
of the legal system." Hans Julius Wolff, Roman Law: An
Historical Introduction 51-52 (1951).
FASB (faz-bee). abbr. FINANCIAL ACCOVNTING STAN
DARDS BOARD.
FASB statement. An official pronouncement from the
Financial Accounting Standards Board establishing
a given financial-accounting practice as acceptable.
lCases: Securities Regulation (;::::/25. 18.J
fascism. A totalitarian political ideology under which all
economic and social aspects of life come under rigid government control or direction, and the state's inter
ests supersede individual interests.
fast estate. See real property under PROPERTY.
fasti (fas-tr). [Latin] Roman law. 1. The days on which
court can be held . In this sense,fasti is a shortened
form of dies fasti. 2. A calendar of days on which court
can be held. See dies fasti under DIES.
fast land. See LAND.
fast-tracking, n. (1996) A court's method of accelerating
the disposition of cases in an effort to clear its docket.
-For example, a judge might order that all discovery
must be finished within 90 days and that trial is set for
30 days later. See ROCKET DOCKET. fast-track, vb.
fatal, adj. (14c) 1. Ofor relating to death; prodUcing death
<the decision had fatal consequences> <fatal blow>. 2.
Providing grounds for legal invalidity <a fatal defect
in the contract>.
fatal defect. See DEFECT.
fatal error. See reversible error under ERROR (2).
fatal variance. See VARIANCE (1).
fate and transport. Environmental law. Ihe physical
condition and migration of contaminants and hazard
ous materials along environmental pathways such as
air, water, and soil.
father. (bef. 12c) A male parent. See PARENT. (Cases:
Parent and Child (;::::/ 1.]
acknowledged father. Ihe admitted biological father of
a child born to unmarried parents. See ACKNOWLEDG
MENT (I). [Cases: Children Out-of-Wedlock C~~12.]
adoptive father. See adoptive parent under PARENT.
biological father. (1951) The man whose sperm impreg
nated the child's biological mother. Also termed
natural father; birth father; genetic father. [Cases:
Children Out-of-Wedlock <>1.]
birth father. See biological father.
de facto father. See de facto parent under PARENT.
filiated father. The proven biological father ofa child
born to unmarried parents. See FILIATION.
foster father. Seefoster parent under PARENT.
genetic father. See biological father.
godfather. See GODPARENT.
intentional father. See intentional parent under
PARENT.
legal father. (I6c) The man recognized by law as the
male parent of a child . A man is the legal father of
a child ifhe was married to the child's natural mother
when the child was born, if he has recognized or
acknowledged the child, or ifhe has been declared the
child's natural father in a paternity action. Ifa man
consents to the artificial insemination ofhis wife, he
is the legal father ofthe child that is born as a result of
the artificial insemination even though he may not be
the genetic father ofthe child. [Cases: Children Out
of-Wedlock <>12,68; Parent and Child 20.]

683
natural father. See biological father.
presumed father. (I937) The man presumed to be the
father ofa child for any ofseveral reasons: (1) because
he was married to the child's natural mother when
the child was conceived or born (even though the
marriage may have been invalid), (2) because the man
married the mother after the child's birth and agreed
either to have his name on the birth certificate or to
support the child, or (3) because the man welcomed
the child into his home and held out the child as his
own. This term represents a complicated category,
and state laws vary in their requirements. See PRE
SUMPTION OF PATERNITY. Children Out-of-
Wedlock C=:3, 43; Infants 172.J
psychological father. See psychological parent under
PARENT.
putative father (pyoo-t<}-tiv). (16c) The alleged bio
logical father of a child born out of wedlock. [Cases:
Children Out-of-Wedlock
stepfather. (bef. 12c) The husband of one's mother by
a later marriage. -Formerly also termed vitricus.
[Cases: Parent and Child C=> 14.]
fatherly power. See patria potestas under POTESTAS.
Fatico hearing (fat-<}-koh). (1979) Criminal procedure.
A sentencing hearing at which the prosecution and the
defense may present evidence about what the defen
dant's sentence should be. United States v. Fatico, 603
F.2d 1053 (2d Cir. 1979). [Cases: Sentencing and Pun
ishment C=>325, 985.]
fatuum judicium (fach-oo-<}m joo-dish-ee-;)m). [Latin]
A foolish judgment or verdict.
fauces terrae (faw-seez ter-ee). [Latin "narrow passage
of the land"] A body of water that experiences tides
and is partially enclosed by land. -Ihis includes inlets,
rivers, harbors, creeks, bays, basins, and similar aquatic
bodies.
fault. (13c) 1. An error or defect of judgment or of
conduct; any deviation from prudence or duty result
ing from inattention, incapacity, perversity, bad faith,
or mismanagement. See NEGLIGENCE. Cf. LIABILITY.
2. Civil law. The intentional or negligent failure to
maintain some standard ofconduct when that failure
results in harm to another person.
contractual fault. Civil law. Fault resulting from the
intentional or negligent failure to perform an enforce
able obligation in a contract.
delictual fault. Civil law. Fault resulting from inten
tional or negligent misconduct that violates a legal
duty.
inscrutable fault. Maritime law. Fault ascribed solely
to human error but for which no responsible party or
parties can be identified. [Cases: Collision C=:23.]
"Inscrutable fault' exists when a collision clearly resulted
from human fault but the court is unable to locate it or
allocate the fault among the parties." Atkins v. Lorentzen,
328 F.2d 66, 69 (5th Cir. 1964).
fault-based liability. See fault liability under FAULT. favor negotii
fault divorce. See DIVORCE.
fault-first method. (1996) A means by which to apply a
settlement credit to a juryverdict, by first reducing the
amount ofthe verdict by the percentage ofthe plaintiff's
comparative fault, then subtracting from the remainder
the amount ofany settlements the plaintiff has received
on the claim. See SETTLEMENT CREDIT. Cf. SETTLE
MENT-FIRST METHOD. [Cases: Damages C=:63.]
faultless pardon. See PARDON.
fault liability. See LIABILITY.
fault of omission. (17c) Negligence resulting from a
negative act. See negative act under ACT; NONFEA
SANCE.
Fauntleroy doctrine. The principle that a state must give
full faith and credit to another state's judgment, ifthe
other state had proper jurisdiction, even though the
judgment is based on a claim that is illegal in the state
in which enforcement is sought. Fauntleroy v. Lum, 210
U.S. 230, 28 S.Ct. 641 (1908). [Cases: Judgment C=>815,
817.]
fautor (faw-t<}r). Hist. 1. An abettor or supporter; an
active partisan. 2. A person who encourages resistance
to execution of process.
faux (foh), adj. [Law French] Hist. False or counterfeit.
faux (foh), n. [French "false"] Civil law. The fraudulent
alteration of the truth. See CRIMEN FALSI.
faux action. A false action. See PLEADING.
faux money. Counterfeit money.
faux peys (foh pay). [French] False weights. See FALSE
WEIGHT. [Cases: Weights and Measures C=: 10.]
faux serement (foh ser-mahn). [French] A false oath.
favor, n. See BIAS.
favored beneficiary. See BENEFICIARY.
favored nation. See MOST FAVORED NATION.
favored-nation clause. See MOST-FAVORED-NATION
CLAUSE.
favorite of the law. (ISe) A person or status entitled to
generous and preferential treatment in legal doctrine.
"It has long been said that the surety is a favorite ofthe law
and his contract strictissimi-juris." Laurence P. Simpson,
Handbook on the Law ofSuretyship 94 (1950).
favoritism. (18c) Preference or selection, usu. invidi
ous, based on factors other than merit. See NEPOTISM;
PATRONAGE. Cf. DISCRIMINATION.
favor legitimationis (fay-v;)r b-jit-<}-may-shee-oh-nis).
[Latin "(in) favor oflegitimacy"] The principle that a
court should attempt to uphold a child's legitimacy.
favor matrimonii (fay-vdr ma-tr;)-moh-nee-I). [Latin
"(in) favor of marriage"] The principle that a court
should attempt to uphold the validity ofa marriage.
favor negotii (fay-v;)r ni-goh-shee-I). [Latin "(in) favor
of business"] The principle that favors upholding a
contract against a construction that would render the
contract illegal or unenforceable.

684 favor patemitatis
favorpaternitatis (fay-vJr pJ-tJr-nJ-tay-tis). [Latin "(in)
favor of paternity"] The principle that a court should
interpret facts so as to uphold the paternity ofa child.
favor solutionis (fay-vJr $J-Ioo-shee-oh-nis). [Latin "(in)
favor ofpayment"] Conflict oflaws. The principle that a
contract should be interpreted according to the appli
cable law governing performance.
favor testamenti (fay-vJr tes-tJ-men-tI). [Latin "(in)
favor of the testament"] The principle that a court
should attempt to uphold a will's validity.
fax, n. (1948) 1. A method oftransmitting over telephone
lines an exact copy ofa printing. 2. A machine used for
such transmission. -Also termed telecopier. 3. The
communication sent or received by such a machine.
Also termedfacsimile; (in senses 1 & 3) facsimile trans
mission. fax, vb.
FBI. abbr. FEDERAL BUREAU OF INVESTIGATION.
FCA. abbr. 1. FARM CREDIT ADMINISTRATION. 2. FREE
CARRIER.
F. Cas. abbr. Federal Cases, a series ofreported decisions
(1789-1880) predating the Federal Reporter.
FCC. abbr. FEDERAL COMMUNICATIONS COMMISSION.
FCFAA. abbr. FEDERAL COMPUTER FRAUD AND ABUSE
ACT.
FCIC. abbr. FEDERAL CROP INSURANCE CORPORATION.
FCJ. abbr. Failure to comply with a judgment imposed
for a traffic violation. -The defendant's driver's license
is suspended until the FCJ is remedied and the fines
and fees are


The defendant's driver's license
is suspended until the FCJ is remedied and the fines
and fees are paid.
FCPV. abbr. Failure to comply with parking-violation
tickets. _ If a person has a certain number of unpaid
parking tickets (often six) within a jurisdiction, the
person will be barred from obtaining or renewing a
driver's license.
FDA. abbr. FOOD AND DRUG ADMINISTRATION.
f/d/b/a. abbr. Formerly doing business as.
FDCA. abbr. FOOD, DRUG, AND COSMETIC ACT.
FDCPA. abbr. See FAIR DEBT COLLECTION PRACTICES
ACT.
FDIC. abbr. FEDERAL DEPOSIT INSURANCE CORPORA
TION.
feal (fee-<ll), adj. Archaic. Faithful; truthful. Also
termedfefe.
fealty (feel-tee or fee-dl-tee). (14c) Hist. In feudal law, the
allegiance that a tenant or vassal owes to a lord. Also
termedfeodality.
"There was the possibility that if the entire top layer of
the structure revolted, the king might be deprived of all
support. To meet this possibility, the king also bound
directly to himself all the important men in the lower
strata of the [feudal] structure by an oath of loyalty. This
was particularly effective for in medieval times the oath of
fealty had all the sanction of the church, and in addition
due to the necessity for feudal organization in times of
disorder, had also a popular sanction in public opinion
so that the man who broke his oath to his lord was one of
the most execrable men to be found in the whole social organization." Charles Herman Kinnane, A First Book on
Ang/o-American Law 248 (2d ed. 1952).
fearm. See FARM.
fear-of-cancer claim. Torts. A tort claim founded on a
plaintiff's mental anguish or emotional distress arising
from the fear ofdeveloping cancer, where either (1) the
plaintiff was exposed to asbestos or other carcinogenic
agents, or (2) a physician's negligence gave rise to a
potentially cancerous condition or permitted a cancer
to develop unchecked. -The plaintiff must demon
strate (1) actual exposure to a disease-causing agent,
and (2) the reasonableness ofthe emotional distress.
See Winik v. Jewish Hasp. ofBrooklyn, 293 N.E.2d 95
(N.Y. 1972); Ferrara v. Galluchio, 152 N.E.2d 249 (N.Y.
1958). -Also termed cancerphobia claim.
feasance (fee-zdnts), n. (16c) The doing or execution of
an act, condition, or obligation. Cf. MALFEASANCE; MIS
FEASANCE; NONFEASANCE. -feasor, n.
feasant (fez-Jnt or fee-zJnt). Archaic. Doing or causing.
See DAMAGE FEASANT.
feasibility standard. (1978) Bankruptcy. The requirement
that, to obtain bankruptcy-court approval, a Chapter
II reorganization plan must be workable and have a
reasonable likelihood ofsuccess. [Cases: Bankruptcy
C=-3559.]
feasor (fee-zJr), n. (1808) An actor; a person who
commits an act. See TORTFEASOR.
feast, n. (13c) 1. Roman law. An established holiday or
festival in the ecclesiastical calendar, used as a date in
a legal instrument. 2. Hist. One of four principal days
(feasts) of the year: March 25, the annunciation of the
Virgin Mary; June 24, the birth ofJohn the Baptist;
September 28, the feast of St. Michael the Archangel;
and December 21, the feast ofSt. Thomas the Apostle.
 The four feast days were used as fixed dates (called
"quarter-da for paying rent; before 1875, they were
used as a e point to set terms ofcourts. Also
termed feast day;feast-day.
featherbedding. 	 (1921) A union practice designed to
increase employment and guarantee job security by
requiring employers to hire or retain more employees
than are needed. _ The practice stems from employ
ees' desire for job security in the face oftechnological
improvement. Featherbedding is restricted by federal
law but is an unfair labor practice only if, for example,
a union exacts pay from an employer for services not
performed or not to be performed.
FEC. abbr. FEDERAL ELECTION COMMISSION.
FECA. abbr. FEDERAL EMPLOYEES' COMPENSATION
ACT.
feciaies, n. See FETIALES.
feciallaw. See FETIAL LAW.
Fed. abbr. 1. FEDERAL. 2. FEDERAL RESERVE SYSTEM.
Fed. Appx. abbr. FEDERAL APPENDIX.
Fed. Cir. abbr. UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT.

685
federal, adj. (18c) Ofor relating to a system ofassociated
governments with a vertical division of governments
into national and regional components having differ
ent responsibilities; esp., ofor relating to the national
government of the United States. -Abbr. Fed.
Federal Acquisition Regulation. (usu. pI.) A federal
regulation that governs contracting methods, require
ments, and procedures with the federal government. 48
CFR ch. 1. Also termed Federal Procurement Regula
tion. [Cases: United States C=>64.5.]
federal act. A statute enacted by the U.S. Congress. See
FEDERAL LAW.
federal agency. See AGENCY (3).
federal appeal. See APPEAL.
Federal Appendix. A set of reports containing all the
full-text "unpublished" opinions that West receives
from the federal circuit courts of appeals. -These
are the opinions not designated for publication in the
Federal Reporter. Coverage began January 1, 2001.
Abbr. Fed. Appx.
Federal Arbitration Act. A federal statute providing
for the enforcement of private agreements to arbitrate
disputes related to interstate commercial and maritime
matters. Under the Act, arbitration agreements are
enforced in accordance with their terms, just as other
contracts are. The Act supersedes substantive state laws
that frustrate enforcement of arbitration agreements
but does not apply to matters of procedure. 9 USCA
 1-16. Abbr. FAA. -Also termed United States
Arbitration Act. [Cases: Alternative Dispute Resolu
tion C=> 114.]
Federal Aviation Act. A federal law establishing the
Federal Aviation Administration (FAA) to be respon
sible for regulation of aircraft and air travel, including
aircraft safety, certification of aircraft personnel, and
airport development. 49 USCA  44720 et seq. [Cases:
Aviation (;.;;)32.]
Federal Aviation Administration. The federal agency
charged with regulating air commerce, promoting civil
aviation and a national system of airports, achieving
efficient use of navigable airspace, developing and
operating a common system of air-traffic control and
air navigation, and developing and implementing
programs and regulations relating to environmental
effects ofcivil aviation . The Federal Aviation Agency
was established in 1958.49 USCA  106. Its name was
changed when it became a part of the Department of
Transportation in 1967. The FAA was formerly charged
with promoting safety in air transportation, but that
task was transferred to the Transportation Security
Administration after the terrorist attacks of 11 Sept.
2001. Abbr. FAA. -Formerly also termed Federal
Aviation Agency. [Cases: Aviation
Federal Aviation Regulation. (usu. pi.) A federal regu
lation governing the safety, maintenance, and piloting
of civil aircraft. 14 CFR ch. 1. -Abbr. FAR. [Cases:
Aviation e=123.l.j Federal Deposit Insurance Corporation
Federal Bureau ofInvestigation. A division of the U.S.
Department ofJustice charged with investigating all
violations of federal laws except those speCifically
aSSigned to another federal agency. Abbr. FBI.
Federal Bureau of Prisons. The U.S. government unit
responsible for the custody and care of federal offend
ers, whether incarcerated in federal correctional and
detention centers or in state-run or privately operated
facilities. The Bureau was established in 1930 to cen
tralize federal-prison administration and ensure con
sistency in prison operations. [Cases: Prisons
federal census. See CENSUS.
Federal Circuit. See COURT OF APPEALS FOR THE
FEDERAL CIRCUIT.
federal citizen. See CITIZEN.
Federal Claims, U.S. Court of. See UNITED STATES
COURT OF FEDERAL CLAIMS.
federal-comity doctrine. (1976) The principle requir
ing federal district courts to refrain from interfering in
each other's affairs. [Cases: Federal Courts C=> 1143.]
federal common law. See COMMON LAW (1).
Federal Communications Commission. An indepen
dent federal commission that regulates interstate and
foreign communications by radio, television, wire,
satellite, and cable. The commission was created by
the Communications Act of 1934.47 USCA  151 et
seq. Abbr. FCC. [Cases: Telecommunications
612.]
Federal Computer Fraud and Abuse Act. A law estab
lishing civil liability for gaining unauthorized access
to a computer and causing damage to that computer.
_ Damage is statutorily defined to include harm to the
computer's data, programs, systems, and information
either by compromising integrity or by impairing avail
ability. Abbr. FCFAA. [Cases: Telecommunications
C=>1342.]
federal court. See COURT.
federal crime. (1860) A criminal offense under a federal
statute. Most federal crimes are codified in Title 18
of the U.S. Code.
Federal Crop Insurance Corporation. A federally char
tered corporation that protects farmers against finan
ciallosses from crop failure due to adverse weather
conditions. insect infestation, plant disease, floods,
fires, and earthquakes by encouraging the sale ofinsur
ance through licensed agents and brokers and by rein
suring private companies that issue insurance under
brand names. Created by the Agricultural Adjust
ment Act of 1938. the Corporation operates under the
general supervision ofthe Secretary ofAgriculture.
Abbr. FCrc.
Federal Deposit Insurance Corporation. A federal
corporation that protects bank and thrift deposits by
insuring accounts up to $100,000, examining banks
that are not members of the Federal Reserve System,
and liquidating failed institutions . It was established

686 Federal Election Commission
in 1933 and began insuring banks in 1934. -Abbr.
FDIC. [Cases: Banks and Banking C=501-508.]
Federal Election Commission. A ten-member inde
pendent federal commission that certifies payments
to qualifying presidential campaigns in primary and
general elections and to national-nominating conven
tions, audits campaign expenditures, and enforces
laws requiring public disclosure of financial activities
of presidential campaigns and political parties . It was
established by the Federal Election Campaign Act of
1971. 2 USCA  437c. Abbr. FEC. [Cases: Elections
C='309.]
Federal Emergency Management Agency. A unit in
the Department of Homeland Security responSible for
coordinating all emergency-preparedness activities of
the federal government through its ten regional offices.
 FEMA also operates the National Flood Insurance
Program and is responSible for fire protection and
arson control. It was established as an independent
agency by Executive Order 12127 of 31 Mar. 1979
and became a unit in the Department of Homeland
Security in 2003. Abbr. FEMA. [Cases: United States
C=82(5).j
Federal Employees' Compensation Act. A workers'
compensation law for federal employees. 5 USCA
8101-8152 Abbr. FECA. See WORKERS' COMPENSA
TION. [Cases: Workers' Compensation C=262, 374.]
federal-employer-identification number. See TAX-IDEN
TIFICATION NUMBER.
Federal Employers' Liability Act. A workers'-compen
sat ion law that provides death and disability benefits
for employees of railroads engaged in interstate and
foreign commerce. 45 USCA  51-60 -Abbr. FELA.
[Cases: Labor and Employment ~2572; Workers'
Compensation
federal enclave. See ENCLAVE.
Federal Energy Regulatory Commission. An indepen
dent five-member commission in the U.S. Department
ofEnergy responsible for licensing hydroelectric-power
projects and for setting interstate rates on (1) transport
ing and selling natural gas for resale, (2) transporting
and selling electricity at wholesale, and (3) transport
ing oil by pipeline. _ Itwas created by the Department
ofEnergy Organization Act of 1977. As enforcer ofthe
Natural Gas Act, it succeeded the Federal Power Com
mission. -Abbr. FERC. [Cases: Electricity C=1; Gas
Federal Farm Credit Bank. One of a svstem of feder
ally chartered institutions created to p~ovide credit to
farm-related enterprises . The banks resulted from a
merger of federal land banks and federal intermediate
credit banks. They are supervised by the Farm Credit
Administration. [Cases: United States C-=>53(7).]
Federal Farm Credit Banks Funding Corporation. A
federal corporation that man