for getting a free ride, in contrast to others who might
spend time and effort legally reverse-engineering the
same techniques.
free rider. One who obtains an economic benefit at
another's expense without contributing to it. -Also
written free rider.
free seas. See SEA.
free socage. See SOCAGE. Freestone rider. See PUGH CLAUSE.
free trade, n. (17c) The open and unrestricted import
and export of goods without barriers, such as quotas
or tariffs, other than those charged only as a revenue
source, as opposed to those deSigned to protect domestic
businesses. Cf. protective tariff under TARIFF (2).
free-trade zone. A duty-free area within a country to
promote commerce, esp. transshipment and process
ing, without entering into the country's market. Also
termedforeign trade zone;jree port.
freeware. (ca. 1983) Software, esp. open-source code, that
is made generally available with express or implicit per
mission for anyone to use, copy, modify, and distribute
for any purpose, including financial gain . The term
"free" refers to usage rights rather than price - a dis
tinction important in two respects. First, a user may
purchase the initial copy offreeware. Second, software
available at no cost may not include permission for
the software's user to copy, modify, or give away the
software. -Also termed free software. Cf. PROPRIE
TARY SOFTWARE; SEMI-FREE SOFTWARE; SHAREWARE.
free warren. See WARREN.
freeze, n. (1942) 1. A period when the government
restricts or immobilizes certain commercial activity.
creditJreeze. (1922)A period when the government
restricts bank-lending.
wage-and-priceJreeze. (1943) A period when the gov
ernment forbids the increase ofwages and prices.
2. A recapitalization ofa closed corporation so that the
value of its existing capital is concentrated primarily
in preferred stock rather than in common stock.  By
freeZing capital, the owner can transfer the common
stock to heirs without taxation while continuing to
enjoy preferred-stock income during the owner's
lifetime, while the common stock grows,
freeze, vb. 1. To cause to become fixed and unable to
increase <to freeze interest rates> <to freeze prices>.
2. To make immobile by government mandate or
banking action <to freeze assets>. 3. To cease physical
movement, esp. when ordered by a law enforcement
officer <the police officer shouted at the suspect to
freeze>.
freezee, n. A person or entity subjected to a freeze-out.
freezeout, n. Corporations. A transaction in which a
shareholder or group ofshareholders obtains the entire
common-equity interest in a company while the other
shareholders receive cash, debt, or preferred stock in
exchange for their common-equity shares. -Also
termed going-private transaction. Cf. SQUEEZE-OUT.
[Cases: Corporations (;=: 182.3,584; Securities Regu
lation (;=:60.21.]
"A 'freeze-out' is usually accomplished by the merger of a
corporation into its parent corporation, where the parent
corporation owns a large percentage of the shares of the
subsidiary, and the minority shareholders are entitled to
minimal distributions of cash or securities. A 'freeze-out'
may also be used to connote the situation where so large
a number of equity shares are issued to the acquiring

freeze out 738
corporation that the public shareholders own less than 10
percent of the outstanding equity securities and, therefore,
have no control over the corporation or any of its decisions.
In such event, a short-form merger could later be used
to eliminate the minority shareholders." 69A Am. Jur. 2d
Securities Regulation -State  245, at 971 n.60 (1993).
parent-subsidiary freezeout. A transaction in
which a parent company uses its majority ownership
in a subsidiary to acquire the minority shareholders'
interest.
pure freezeout. A transaction in which company
insiders or employees acquire all the public shares of
the company, often with the help oflenders. Also
termed management buyout. See management buyout
under BUYOUT.
second-step freezeout. A freezeout that takes place
as the final phase of a two-step takeover, after the
initial phase in which a majority interest is acquired
by the purchase ofshares in a tender offer, on the open
market, from the issuer, from a control group, or from
an issuer-control-group combination.
freeze out, vb.!. To subject one to a freeze-out. 2. To
exclude a business competitor <freezing out the com
petition>.
freeze-out merger. See cash merger under MERGER.
freight. (I5c) 1. Goods transported by water, land, or
air; CARGO. 2. The compensation paid to a carrier for
transporting goods. [Cases: Carriers ~189; Shipping
~144.]
"Freight, in the common acceptation of the term, means
the price for the actual transportation of goods by sea from
one place to another; but, in its more extensive sense, it
is applied to all rewards or compensation paid for the use
of ships, including the transportation of passengers." 3
James Kent, Commentaries on American Law *219 (George
Comstock ed., 11th ed. 1866).
dead freight. The amount paid by a shipper to a ship
owner for the ship's unused cargo space. [Cases:
Shipping
freight absorption. See ABSORPTION (5).
freight forwarder. Maritime law. A person or company
whose business is to receive and ship goods for others.
- A freight forwarder may be an agent of the cargo's
owner or ofthe carrier, or may be an independent con
tractor acting as a principal and assuming the carrier's
responsibility for delivering the cargo. -Also termed
third-party logistical service provider;forwarding agent.
[Cases: Carriers Shipping ~112.J
freighting voyage. See VOYAGE.
freight rate. See RATE.
frenchman. Hist. (bef. 12c) A stranger; a foreigner. _ In
early English law, this term was applied to all foreign
ers, even those not from France.
F reorganization. See REORGANIZATION (2).
fresh, adj. (l3c) Recent; not stale; characterized by
newness without any material interval.
fresh complaint. (1853) A reasonably prompt lodging of
a grievance; esp., a victim's prompt report of a sexual assault to someone trustworthy. [Cases: Criminal Law
~366;Rape G=48(1)-49, 49.2.]
fresh-complaint rule. The theory that a sexual-assault
victim's credibility is bolstered ifthe victim reports the
assault soon after it occurs. _ Most courts no longer rec
ognize this theory. [Cases: Rape ~48(1)-49, 49.2.]
fresh disseisin. See DISSEISIN.
fresh fine. See FINE (5).
fresh force. Hist. Force, such as disseisin or deforcement,
newly done. -This term refers to force used in a town,
and for which a remedy (the Assize of Fresh Force)
existed. See assize offresh force under ASSIZE (8).
fresh pursuit. (17c) 1. The right ofa police officer to make
a warrantless search of a fleeing suspect or to cross
jurisdictional lines to arrest a fleeing suspect. [Cases:
Arrest 66(3); Automobiles C=)349(12).] 2.
The right of a person to use reasonable force to retake
property that has just been taken. -Also termed hot
pursuit.
fresh start. (1857) Bankruptcy. The favorable financial
status obtained by a debtor who receives a release from
personal liability on prepetition debts or who reorga
nizes debt obligations through the confirmation and
completion ofa bankruptcy plan. [Cases: Bankruptcy
Cr'"".:)2363.1.]
Friday market. See MARKET.
friendly amendment. See AMENDMENT (3).
friendly fire. (1976) 1. A fire burning where it is intended
to burn, yet capable of causing unintended damage. 2.
Military or police gunfire that injures one's own side.
friendly-parent law. A statute that requires or allows a
judge to consider as a factor in awarding custody the
extent to which one parent encourages or thwarts the
child's relationship with the other parent.
friendly-parent principle. Family law. The theory that
if one parent is more likely to support the child's rela
tionship with the other parent after a divorce is granted,
then that more supportive parent should be awarded
custody. -This theory has been criticized as fundamen
tally flawed because (1) a court may not consider the
legitimate fears and concerns that motivate a parent's
"unfriendly" behavior, and (2) the theory's simplic
ity discourages a parent from revealing anything
negative about the other parent to the child, even if
relevant to the child's safety, for fear of being viewed
as too hostile. -Also termed friendly-parent doctrine;
friendly-parent paradigm.
friendly society. (18c) In Britain, a voluntary association,
supported by subSCriptions or contributions, for the
purpose ofprOViding financial relief to ill members and
to their widows and children upon death . Friendly
societies are regulated by statute. See benevolent asso
ciation under ASSOCIATION. Cf. FRATERNAL BENEFIT
ASSOCIATION.
friendly subpoena. See SUBPOENA.

friendly suit. (ISc) A lawsuit in which all the parties have
agreed beforehand to allow a court to resolve the issues.
_ Friendly suits are often filed by settling parties who
wish to have a judgment entered.
friendly suitor. See WHITE KNIGHT.
friendly takeover. See TAKEOVER.
friend ofthecourt. (1816) 1. AMICUS CURIAE. 2. In some
jurisdictions, an official who investigates and advises
the court in domestic-relations cases involving minors.
-The friend of the court may also help enforce court
orders in those cases. [Cases: Child Custody C::::'417,
421,613,616; Infants (;::::J208.]
friend-of-the-court brief. See amicus brief under BRIEF.
fringe benefit. See BENEFIT.
frisk, n. (l8c) A pat-down search to discover a concealed
weapon. Also termed pat-down. See STOP AND FRISK.
Cf. SEARCH (1). [Cases: Arrest C::::'63.5(8); Automobiles
(;::::c349.5(lO); Searches and Seizures C~70.1
frivolous, adj. (ISc) Lacking a legal basis or legal merit;
not serious; not reasonably purposeful <a frivolous
claim>.
frivolous appeal. See APPEAL.
frivolous claim. See CLAIM (4).
frivolous defense. See DEFENSE (1).
frivolous suit. See SUIT.
FRM. Seefixed-rate mortgage under MORTGAGE.
frolic (frol-ik), n. Torts. An employee's significant devia
tion from the employer's business for personal reasons.
- A frolic is outside the scope ofemployment, and thus
the employer is not vicariously liable for the employee's
actions. Cf. DETOUR. [Cases: Labor and Employment
(;::::c3061(1).)
front, n. (14c) 1. The side or part of a building or lot
that is open to view, that is the principal entrance, or
that faces out to the open (as to a lake or ocean); the
foremost part of something <the property's front was
its most valuable attribute>. 2. A person or group that
serves to conceal the true identity or activity of the
person or group in control <the political party was a
front for the terrorist group>. 3. A political association
similar to a party <popular front>.
frontage (fr:m-tij). (17c) 1. The part ofland abutting a
street or highway or lying between a building's front
and a street or highway <the property's value was so low
because ofits narrow frontage>. 2. The linear distance
ofa frontage <the lot's frontage was 90 feet>.
frontage assessment. See ASSESSMENT.
frontager (fr;m-tij-dr), n. (17c) A person owning or occu
pying land that abuts a highway. river, seashore, or the
like.
front-end load. See loan fund under MUTUAL FUND.
front-end money. See SEED MONEY. front foot. (1863) A measurement used to calculate a
frontage assessment. Also termed abutting foot.
[Cases: Municipal Corporations C::::'469.J
front-foot rule. (1872) The principle that an improve
ment cost is to be apportioned among several proper
ties in proportion to their frontage, without regard to
the benefits conferred on each property. -Also termed
front-foot plan. [Cases: Municipal Corporations C=:'
469.J
frontier. For trade purposes, an international boundary.
front money. See SEED MONEY.
front-page citation. See CITATION (4).
front-page drawing. See DRAWING.
frontpay. Labor law. Court-awarded compensation for
the post-judgment effects of continuing employment
discrimination. Cf. BACKPAY. [Cases: Civil Rights
1571.]
front-running, 11. Securities. A broker's or analyst's use
ofnonpublic information to acquire securities or enter
into options or futures contracts for his or her own
benefit, knowing that when the information becomes
public, the price ofthe securities will change in a pre
dictable manner. _ 'Ihis practice is illegal. Front-run
ning can occur in many ways. For example, a broker or
analyst who


. _ 'Ihis practice is illegal. Front-run
ning can occur in many ways. For example, a broker or
analyst who works for a brokerage firm may buy shares
in a company that the firm is about to recommend as
a strong buy or in which the firm is planning to buy a
large block ofshares. See INSIDER TRADING.
front wages. See WAGE.
frottage. (ca. 1935) Sexual stimulation by rubbing the
genitals against another person. -This may be accom
plished without removing clothing. When a child is
involved, it is a form ofsexual abuse.
frozen account. See blocked account under ACCOL"NT.
frozen asset. See ASSET.
frozen deposit. See DEPOSIT (2;).
FRS. abbr. FEDERAL RESERVE SYSTEM.
FRTIB. abbr. FEDERAL RETIREMENT THRIFT INVEST
MENTBOARD.
fructuarius (fr<'lk-choo-air-ee-ds). [Latin "(one) entitled
to fruits"]!. Roman &civil law. One having the usufruct
ofa thing (as ofland and animals); a usufructuary. See
USUFRUCTUARY. 2. Hist. A lessee. PLfructuarii.
fructus (fr;Jk-tds). [Latin "fruits") 1. Roman & civil law.
The natural produce ofland and animals; the profit or
increase from land and animals. -The owner of the
land or animals acquired ownership by separatio, the
separation ofthe fruit from the parent body. A bona fide
possessor or an emphyteuta also acquired ownership
by separatio, which allowed a nonowner to claim title
from a thief. But in Justinian's law, a bona fide possessor
had to account to a successful claimant for ownership
for the principal thing and any unconsumed fruits. A
tenant or usufructuary acquired title only by perceptio,
and cannot claim title from a thief. See PERCEPTION. Cf.
FRUCTUS CIVILES. 2. USUFRUCT. PLfructus.

740 fructus civiles
fructus civiles (frak-tils sil-vl-Ieez). [Latin "civil fruits"]
Roman & civil law. Income (such as rent or interest)
that one receives from another for the use or enjoy
ment ofa thing, esp. real property or loaned money.
In Roman law,fructus civiles included both minerals
and the earnings ofslaves.
fructusfundi (frak-tils fan-dI). [Latin "land fruits"] Ihe
fruits or produce ofland.
fructus industriales (frak-tas in-das-tree-ay-Ieez). [Latin
"industrial fruits"] See EMBLEMENTS (1).
fructus legis (frak-tils lee-jis). [Latin "fruits ofthe law"]
The proceeds ofjudgment or execution. [Cases: Execu
tion C=>322.]
fructus naturales (frak-tils nach-a-ray-leez). [Latin
"natural fruits"] The natural produce ofland or plants
and the offspring of animals. Fructus naturales are
considered part ofthe real property.
fructus pecudum (frak-tas pek-ya-dam). [Latin "fruits of
the herd"] The produce or increase offlocks or herds.
fructus pendentes (frak-tds pen-den-teez). [Latin
"hanging fruits"] Fruits not yet severed or gathered;
fruits united with that which produces them.
fructus percepti (frak-tas par-sep-tI). [Latin "gathered
fruits"] Roman & civil law. Fruits that have been
gathered.
fructus rei alienae (frak-tas ree-I ay-lee-ee-nee or al-ee-).
[Latin "fruits of another's property"] The fruits of
another's property; fruits taken from another's estate.
fructus separati (frak-tas sep-a-ray-tr). [Latin "sepa
rated fruits"] Roman & civil law. The produce ofa thing
after being separated from it, and so becoming in law
"fruits."
fructus stantes (frak-tas stan-teez). [Latin "standing
fruits"] Fruits that have not yet been severed from the
stalk or stem.
fructuum perceptio (frak-choo-;ml pdr-sep-shee-oh).
[Latin] Roman & civil law. The rightful taking of the
produce of property by a person who does not own
the property.
fruges (froo-jeez). [Latin "fruits" or "crops"] Roman &
civil law. Edible produce or crops; esculents.
frugi aut bonaefamae (froo-jI awt boh-nee fay-mee).
[Latin) Hist. Frugal or ofgood reputation.
fruit. (14c) 1. The produce or product ofsomething (as of
land or property). 2. Civil law. Income or goods derived
or produced from property without a diminution ofthe
property's inherent value.
civil fruit. Civil law. Revenue derived from a thing by
operation oflaw or by reason ofa juridical act, such
as lease or interest payments, or certain corporate
distributions. La. Civ. Code art. 551. See FRUCTUS
CIVILES.
naturalfruit. Civil law. A product of the land or of
animals. Examples are crops and eggs. La. Civ.
Code art. 2317. See FRUCTUS NATURALES. 3. Something (such as evidence) obtained during an
activity or operation <the fruit ofthe officer's search>.
See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE.
fruit-and-the-tree doctrine. (1979) Tax. The rule that
an individual who earns income cannot assign that
income to another person to avoid taxation.
fruit-of-the-poisonous-tree doctrine. (1948) Criminal
procedure. The rule that evidence derived from an
illegal search, arrest, or interrogation is inadmissible
because the evidence (the "fruit") was tainted by the
illegality (the "poisonous tree") . Under this doctrine,
for example, a murder weapon is inadmissible if the
map showing its location and used to find it was seized
during an illegal search. Also termedfrUits doctrine.
See EXCLUSIONARY RULE; ATTENUATION DOCTRINE;
INDEPENDENT-SOURCE RULE; INEVITABLE-DISCOVERY
RULE. [Cases: Criminal Law ~~394.l(3).]
fruits of a crime. The proceeds acquired through
criminal acts. [Cases: Criminal Law ~'='1221.]
frustra (fras-tra). [Latin] Hist. In vain; to no purpose.
frustration, n. (16c) 1. The prevention or hindering of
the attainment of a goal, such as contractual perfor
mance.
commercial frustration. (1918) An excuse for a party's
nonperformance because of some unforeseeable
and uncontrollable circumstance. -Also termed
economic frustration. [Cases: Contracts C=>309(1).]
self-induced frustration. (1926) A breach ofcontract
caused by one party's action that prevents the per
formance.1he phrase is something ofa misnomer,
since self-induced frustration is not really a type of
frustration at all but is instead a breach ofcontract.
temporary frustration. (1950) An occurrence that
prevents performance and legally suspends the duty
to perform for the duration of the event. If the
burden or circumstance is substantially different after
the event, then the duty may be discharged.
2. Contracts. The doctrine that ifa party's principal
purpose is substantially frustrated by unanticipated
changed circumstances, that party's duties are dis
charged and the contract is considered terminated.
Also termedfrustration ofpurpose. Cf. IMPOSSIBILITY
(4); IMPRACTICABILITY; MISTAKE. [Cases; Contracts
C=>309.]- frustrate, vb.
frustrum terrae (fras-tram ter-ee). [Latin] Hist. A piece
of land. This usu. referred to a fragment of land
remaining after a survey.
Frye test. The defunct federal common-law rule of
evidence on the admissibility of scientific evidence.
 It required that the tests or procedures must have
gained general acceptance in their particular field.
Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). In
Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579,
113 S.Ct. 2786 (1993), the Supreme Court held that
scientific evidence must meet the requirements of
the Federal Rules of Evidence, not the Frye test, to be

741 full blood
admissible. See DAUBERT TEST. [Cases: Criminal Law
C::=>388.1-388.4; Evidence C::=>555.]
FSA. abbr. FARM SERVICE AGENCY.
FSI. abbr. FOREIGN SERVICE INSTITUTE.
FSIA. abbr. FOREIGN SOVEREIGN IMMUNITIES ACT.
FSIS. abbr. FOOD SAFETY AND INSPECTION SERVICE.
FSLIC. abbr. FEDERAL SAVINGS AND LOAN INSURANCE
CORPORATION.
FSS. abbr. FEDERAL SUPPLY SERVICE.
FST. See field sobriety test under SOBRIETY TEST.
F.Supp. abbr. Federal Supplement, a series of reported
decisions of the federal district courts (from 1932 to
1998), the u.S. Court ofClaims (1932 to 1960), and the
u.S. Customs Court (from 1949 to 1998, but renamed
the Court of International Trade in 1980) . It is the
first ofthe Federal Supplement series.
F.Supp.2d. abbr. The second series ofthe Federal Supple
ment, which includes decisions offederal district courts
and the Court ofInternational Trade from 1997 to the
present.  Some of the F.Supp. volumes contain cases
from 1998 and some ofthe F.Supp.2d volumes contain
cases decided in 1997.
FTA. abbr. FEDERAL TRANSIT ADMINISTRATION.
FTC. abbr. FEDERAL TRADE COMMISSION.
FTCA. abbr. FEDERAL TORT CLAIMS ACT.
FTDA. abbr. FEDERAL TRADEMARK DILUTION ACT.
FTO search. See INFRINGEMENT SEARCH.
FTP. See FILE-TRANSFER PROTOCOL.
FTS. abbr. FEDERAL TECHNOLOGY SERVICE.
FTT. abbr. FAILURE TO THRIVE.
fuer (fyoo-Jr). [Law French "to flee"] Flight from the
law. -Also termedfugere.
fuer infait (fyoo-Jr in fay). [Law French "flight in fact"]
Actual flight from the law. -Also termed fugere in
facta.
fuer in ley (fyoo-Jr in lay). [Law French "flight in law"]
Legal flight from the law. Ifthe accused failed to
appear, the law treated that failure as flight. -Also
termedfugere in lege.
fuero (foo-wer-oh). Spanish law. 1. A forum; court. 2.
The territory in which a court has the power to act. 3.
A privilege enjoyed by some but not others. 4. A custom
having the force oflaw. 5. Hist. A collection of local,
usu. customary, laws.
Fuero Juzgo (hooz-goh). Hist. A 7th-century Visig
othic code that was revised and incorporated into
the laws of 13th-century Spain . The code contains
the earliest known laws of community property. In
the 18th century, much ofthe Fuero Juzgo was incor
porated into the Code Napoleon. In the 19th century,
vestiges ofthe Fuero Juzgo were incorporated into the
Spanish Civil Code.
Fuero Real (ray-ahl). Hist. A collection ofthe ancient
customs of Castile, collected by order of Alfonse X in 1255 to produce a uniform legal code, much of
which was incorporated into localfueros .  Louisi
ana's system of acquets and gains was adapted from
the Fuero Real.
fugam fecit (fyoo-gJm fee-sit). [Law Latin] Hist. He fled;
he has made flight.  When a jury made this finding in
a felony or treason trial, the defendant's property was
subject to forfeiture.
fugere. See FUER.
fugere in facta. See fuer in fait under FUER.
fugere in lege. See fuer in ley under FUER.
fugitation (fyoo-jJ-tay-shJn). (18c) Hist. A sentence
or declaration of fugitive status that was pronounced
against an accused person for failing to answer a citation
and appear.  The effect was that the person forfeited
his or her goods and chattels. -fugitate, vb.
fugitive. (14c) 1. A person who flees or escapes; a refugee.
2. A criminal suspect or a witness in a criminal case
who flees, evades, or escapes arrest, prosecution,
imprisonment, service ofprocess, or the giving oftes
timony, esp. by fleeing the jurisdiction or by hiding. See
18 USCA  1073. -Also termed (in sense 2) fugitive
from justice.
fugitive-disentitlement doctrine. An equitable rule
that allows a trial or appellate court to limit a fugitive's
access to civil and criminal courts in the United States.
[Cases: Action C::=> 13; Criminal Law C::=> 1026.10(7).]
fugitive-dismissal rule. The principle that an appel
late court may dismiss a criminal defendant's appeal if
the defendant is a fugitive. [Cases: Criminal Law C::=>
1131(5).]
Fugitive Felon Act. A federal statute


Cases: Criminal Law C::=>
1131(5).]
Fugitive Felon Act. A federal statute that makes it a
felony to flee across state lines to avoid state-felony
prosecution or confinement, or to avoid giving testi
mony in a state-felony case. 18 USCA  1073. [Cases:
Escape C::=> 1.]
fugitive from justice. See FUGITIVE.
fugitive's goods. Hist. The goods that a person forfeited
as a result offleeing.
fugitive-slave laws. Hist. Federal statutes passed in 1793
and 1850 providing for the surrender and return of
slaves who had escaped and fled to a free territory or a
free state. [Cases: Slaves C::=>9.]
fugitive warrant. See WARRANT (1).
fugitivus (fyoo-jJ-tI-VJS), n. [Latin] Roman law. A
runaway slave; a fugitive.
fugue (fyoog). (16c) An abnormal state of conscious
ness in which one appears to function normally but
on recovery has no memory of what one did while in
that condition.
full adversary hearing. See adjudication hearing under
HEARING.
full age. See age ofmajority (1) under AGE.
full bench. Seefull court under COURT.
full blood. See BLOOD.

742 full cash value
full cash value. See VALUE (2).
full copy. Equity practice. A complete transcript ofa bill
or other pleading, with all indorsements and a copy of
all exhibits. [Cases: Equity C=460.]
full court. See COURT.
full cousin. See COUSIN (1).
full-covenant-and-warranty deed. See warranty deed
under DEED.
full coverage. See COVERAGE.
full-crew law. A law that regulates the number of
railroad employees required to operate a train, or
airline employees required to operate an airplane.
[Cases: Railroads (;=>230.]
full defense. See DEFENSE (1).
full disclosure. See DISCLOSURE (1).
full faith and credit. The recognition, acceptance, and
enforcement of the laws, orders, and judgments of
another jurisdiction; specif., the recognition by one
state of another state's legal decisions. [Cases: Judgment
(;=>815,828.4; States C=5(2).]
Full Faith and Credit Act. A federal statute requiring
federal courts to give a state court's judgment the same
preclusive effect as the judgment would have under
state law. 28 USCA  1738. See Migra v. Warren City
School Dist. Bd. ofEduc., 465 U.S. 75, 81,104 S.Ct. 892,
896 (1984). [Cases: Judgment
full-faith-and-credit bond. See general-obligation bond
under BOND (3).
Full Faith and Credit Clause. (1896) U.S. Const. art. IV,
 1, which requires states to give effect to the acts, public
records, and judicial decisions ofother states. [Cases:
Judgment (;=>815,828.4; States (;=>5(2).]
Full Faith and Credit for Child-Support Orders Act.
A 1994 federal statute designed to facilitate interstate
child-support collection . Under the Act, the state first
issuing a child-support order maintains continuing,
exclusive jurisdiction to modify the order as long as
the child or one or both of the litigants continue to
reside there, unless all the contestants agree in writing
to change jurisdiction. An order from one state may be
registered for enforcement in another state. 28 USCA
 1738B. [Cases: Child Support (;=>501(1), 506(2), 507,
508(1).]
full hearing. See HEARING.
fullied. Slang. Hist. See FULLY COMMITTED FOR TRIAL.
full indorsement. 1. See irregular indorsement under
INDORSEMENT. 2. See special indorsement under
INDORSEMENT.
full interdiction. See INTERDICTION (3).
full member. See voting member under MEMBER.
full name. See NAME.
full ownership. See perfect ownership under OWNER
SHIP.
full-paid stock. See STOCK. full pardon. See absolute pardon under PARDON.
full partner. See general partner under PARTNER.
full payout lease. Seefinance lease under LEASE.
full performance. See PERFORMANCE.
full powers. Int'llaw. An official document deSignat
ing a person to represent a country for (1) negotiat
ing, adopting, or authenticating the text ofa treaty, (2)
expressing the consent of the country to be bound by
a treaty, or (3) accomplishing any act with respect to
the treaty.
full proof. See PROOF.
full-reporting clause. 1. Insurance. An insurance-pol
icy clause that requires the insured to reveal values
and that penalizes the insured if the insured revealed
less than required in the policy application. Also
termed honesty clause. [Cases: Insurance (;=>2169.] 2.
An insurance-policy clause providing that the indem
nity will not exceed the proportion of the loss that the
last reported value bears to the actual value.
full right. (18c) The union ofgood title with actual pos
session.
full-service lease. See LEASE.
full settlement. See SETTLEMENT (2).
full value. Seefair market value under VALUE (2).
full warranty. See WARRANTY (2).
fully administered. (l7c) A plea by an executor or
administrator that he or she has completely and legally
disposed of all the assets ofthe estate and that the estate
has no remaining assets from which a new claim could
be satisfied.
fully committed for trial, adj. English law. (Of a person)
qualified to be indicted, arraigned, and tried . His
torically, a defendant went through two hearings that
were essentially minitrials to determine whether the
evidence against the defendant was sufficient to support
the charges. If the hearing magistrate decided there
was, then the defendant was fully committed for trial.
In modern usage, it means only that the defendant
has had at least two bail hearings and has not yet been
indicted. Often shortened to fully committed.
Formerly also termed (in slang) fullied.
fully diluted earnings per share. See EARNINGS PER
SHARE.
fully funded, adj. 1. Having sufficient financial resources
to meet current payments, even upon bankruptcy <the
company's pension plan was fully funded>. 2. Having
completely satisfied a funding requirement; paid <the
construction loan was fully funded>. -Also termed
funded.
fully managed fund. See MUTUAL FUND.
fully met. See ANTICIPATED.
fully paid face-amount certificate. Seeface-amount cer
tificate (2) under CERTIFICATE.
function, n. (I6c) 1. Activity that is appropriate to a par
ticular business or profession <a court's function is to

743
administer justice>. 2. Office; duty; the occupation of
an office <presidential function>. [Cases: Officers and
Public Employees 110.]
functional analog. See Ar;"ALOG.
functional depreciation. See DEPRECIATIO~.
functional discount. See DISCOUNT.
functional disease. See DISEASE.
functional feature. Trademarks. A design element that
is either physically necessary to construct an article or
commercially necessary to manufacture and sell it; a
product's attribute that is essential to its use, necessary
for its proper and successful operation, and utilitarian
rather than ornamental in every detail. - A functional
feature is not eligible for trademark protection. [Cases:
Trademarks (;::::: 1064, 1065(3).)
functionality. (19c) Trademarks. The quality of having
a shape, configuration, deSign, or color that is so
superior to available alternatives that giving the first
user exclusive trademark would hinder competi
tion. [Cases: Trademarks 1064, 1065(3).)
aesthetic functionality. A doctrine that denies pro
tection to the design of a product or its container
when the design is necessary to enable the product
to function as intended.
functional limitation. Patents. In a patent application,
the definition of an invention by what it does rather
than what it is. - A functional limitation is not inher
ently invalid, but it is examined closely because it tends
to be too broad, claiming every possible way ofdoing
the same thing. MPEP 2173.05(g). [Cases: Patents C:=>
101(3).]
functional obsolescence. See OBSOLESCENCE.
functional rejection. See RErECTION.
functionary. A public officer or employee.
functus officio (f:mgk-tds <}-fish-ee-oh). [Latin "having
performed his or her office"] (l9c) (Of an officer or
official body) without further authority or legal com
petence because the duties and functions ofthe original
commission have been fully accomplished. _ The term
is sometimes abbreviated to functus <the court was
functus>. [Cases: Officers and Public Employees (;=.
44.]
fund, n. 07c) 1. A sum of money or other liquid assets
established for a specific purpose <a fund reserved for
unanticipated expenses>.
blendedfund. A fund created by income from more
than one source, usu. from the sale ofa testator's real
and personal property.
changingfund. A fund, esp. a trust fund, that changes
its form periodically as it is invested and reinvested.
client-security fund. A fund established usu. by a state
or a state bar association to compensate persons for
losses that they suffered because of their attorneys'
misappropriation of funds or other misconduct.
[Cases: Attorney and Client fund
contingent fund. (18c) 1. A fund created by a munici
pality for expenses that will necessarily arise during
the year but that cannot be appropriately classified
under any ofthe specific purposes for which taxes are
collected. [Cases: Municipal Corporations C:=>886.J
2. A fund segregated by a business to pay unknown
costs that may arise in the future. Also termed con
tingency reserve.
executorfund. A fund established for an executor to
pay an estate's final expenses.
fund in court. (18c) 1. Contested money deposited
with the court. See INTERPLEADER. [Cases: Deposits
in Court C:=> 1.] 2. Money deposited to pay a contin
gent liability.
generalfund. (l7c) 1. A government's primary oper
ating fund; a state's assets furnishing the means for
the support ofgovernment and for defraying the leg
islature's discretionary appropriations. - A general
fund is distinguished from assets ofa special charac
ter, such as trust, escrow, and special-purpose funds.
[Cases: States <:::::? 126.] 2. A nonprofit entity's assets
that are not earmarked for a specific purpose.
general revenue fund. (1855) The fund out ofwhich
a municipality pays its ordinary and incidental
expenses. [Cases: Municipal Corporations C:=>886.]
guaranty fund. A private deposit-insurance fund,
raised primarily by assessments on banks, and used to
pay the depositors of an insolvent bank. -Guaranty
funds preceded the FDIC's federal-deposit insurance,
which began in 1933, though many funds continued
until the savings-and-Ioan crisis in the 1980s. Mas
sachusetts has a guaranty fund for uninsured deposits
(deposits above $100,000) that are not covered by fed
eral-deposit insurance. [Cases: Banks and Banking
G~:>15,504-506.]
imp rest fund (im-prest). A fund used by a business for
small, routine expenses.
joint-welfare fund. A fund that is established in collec
tive bargaining to provide health and welfare benefits
to union employees. -the fund is jointly managed
by labor and management representatives. -Also
termed Taft-Hartley fund.
paid-in fund. A reserve cash fund established by a
mutual insurance company to pay unforeseen losses.
_ The fund is in lieu of a capital stock account.
pooled-incomefund. See POOLED-INCOME FUND.
public fund. (usu. pl.) 1. The revenue or money ofa gov
ernmental body . The term includes not only coins
and paper but also bank deposits and instruments
representing investments of public money. [Cases:
Municipal Corporations <::=>880.] 2. The securities
ofa state or national government. lCases: States C:=>
122.]
revolvingfund. (1928) A fund whose moneys are con
tinually expended and then replenished, such as a
petty-cash fund.

fund 744
sinking fund. (I8c) A fund consisting of regular
deposits that are accumulated with interest to pay
off a long-term corporate or public debt. Abbr. SF.
[Cases: Corporations C=:)486; Municipal Corpora
tions 0=,951.]
strike fund. See STRIKE FUND.
Taft-Hartley fund. See jOint-welfare fund.
trust fund. See TRUST FUND.
unsatisfied-judgment fund. (1953) A fund established
by a state to compensate persons for losses stemming
from an automobile accident caused bv an uninsured
or underinsured motorist. [Cases: AU:tomobiles (;:=:
2. (usu, pI.) Money or other assets, such as stocks,
bonds, or working capital, available to pay debts,
expenses, and the like <Sue invested her funds in her
sister's business>,
current funds. Assets that can be readily converted
into cash.
3. A pool of investments owned in common and
managed for a fee; MUTUAL FUND <


into cash.
3. A pool of investments owned in common and
managed for a fee; MUTUAL FUND <a diverse portfolio
of funds>,
fund, vb, (18c) 1. To furnish money to (an individual,
entity, or venture), esp, to finance a particular project.
2. To use resources in a manner that produces interest.
3. To convert (a debt, esp, an open account) into a long
term debt that bears interest at a fixed rate,
fundamental error. See plain error under ERROR (2),
fundamental-fairness doctrine. (1969) 'The rule that
applies the principles of due process to a judicial pro
ceeding,  The term is commonly considered synony
mous with due process,
fundamental interest. See FUNDAMENTAL RIGHT,
fundamental law. (I7c) The organic law that establishes
the governing principles ofa nation or state; esp" CON
STITUTIONAL LAW, -Also termed organic law; ground
law, Cf. NATURAL LAW.
fundamental-miscarriage-of-justice exception. The
doctrine allowing a federal court in a habeas corpus
proceeding to address a claim of constitutional error
that, although ordinarily unreviewable, is subject to
review because ofa state-court procedural default that
rendered the proceedings basically unfair.  For the
exception to apply, among other things, the petitioner
must show by a preponderance of the evidence that
constitutional error resulted in the conviction of one
who is actually innocent. Ifthe defaulted claim applies
only to sentencing, the exception permits review ofthe
claim ifthe petitioner shows by clear and convincing
evidence that, but for the constitutional error, no rea
sonable judge or jury would have imposed the sentence
that the petitioner received. [Cases: Habeas Corpus
C:~c401.]
fundamental right. (17c) 1. A right derived from natural
or fundamental law, 2. Constitutional law, A signifi
cant component ofliberty, encroachments of which are rigorously tested by courts to ascertain the soundness of
purported governmental justifications,  A fundamen
tal right triggers strict scrutiny to determine whether
the law violates the Due Process Clause or the Equal
Protection Clause of the 14th Amendment. As enunci
ated by the Supreme Court, fundamental rights include
voting, interstate travel, and various aspects ofprivacy
(such as marriage and contraception rights), -Also
termed fundamental interest. See STRICT SCRUTINY, Cf.
SUSPECT CLASSIFICATION, [Cases: Constitutional Law
3901.]
fundamental term. See TERM (2).
fundamental trend. See major trend under TREND,
fundatio (f~n-day-shee-oh). [Latin "founding" or "foun
dation"] Hist. The founding of a corporation, particu
larly an eleemosynary corporation,
fundatio incipiens (bn-day-shee-oh in-sip-ee-enz),
[Latin "incipient foundation"] The incorporation or
grant ofcorporate powers,
fundatio perficiens (f;m-day-shee-oh p~r-fish-ee-enz),
[Latin "perfecting foundation"] The endowment or
gift offunds to a corporation,
funded. See FULLY FUNDED.
funded debt. See DEBT,
fund in court. See FUND (1),
funding, n. (18c) 1. The process of financing capital
expenditures by issuing long-term debt obligations or
by converting short-term obligations into long-term
obligations to finance current expenses; the process
of creating a funded debt. 2. The refinancing of a debt
before its maturity. -Also termed refunding, 3. The
provision or allocation ofmoney for a specific purpose,
such as for a penSion plan, by putting the money into a
reserve fund or investments, [Cases: Labor and Employ
ment ~--::>500,] 4. The provision of financial resources
to finance a particular activity or project, such as a
research study,S. The transfer of property to a trust.
fundi publici (f;ln-dr p;lb-l;,-sr), [Latin] Hist, Public
lands,
fundo annexa (f;ln-doh ~-nek-s<l). [Latin] Hist, Things
annexed to the soil.
funds transfer. A payment ofmoney from one person or
entity to another; esp., the process by which payment is
made through a series of transactions between comput
erized banking systems, beginning with an originator's
payment order and ending when a final payment order
is received by the beneficiary's bank,  Commercial
or wholesale funds transfers are governed by Article
4A of the UCC. Consumer funds transfers are regu
lated by the federal Electronic Fund Transfer Act (15
USCA  1693 et seq,). Also termed (specif,) elec
tronic funds transfer (EFT), [Cases: Banks and Banking
(;:=:188.5.]
fundus (f;ln-d~s), [Latin "land"] Hist. L Land or ground
in general, without consideration of its specific use, 2.
A farm,

745
fundus emphyteuticarius (fan-das em-fa-tyoo-ti-kair
ee-as). Civil law. Land held under a hereditary lease
hold. See EMPHYTEUSIS.
fundus instructus (fan-das in-str;1k-t'ls). [Latin] Hist.
Land already provided with certain necessaries.
fundus patrimonialis (fan-das pa-tr;1-moh-nee-ay
lis). [Latin] Roman law. Land belonging to the patri
monium principis (that is, property belonging to the
emperor as such).
funeral expense. See EXPENSE.
fungibiles res (fan-jib-a-leez reez). [Latin) Civil law.
Fungible things.
fungible (f;m-ja-b<ll), adj. (18c) Commercially inter
changeable with other property of the same kind <corn
and wheat are fungible goods, whereas land is not>.
fungible, n.
fungible goods. See GOODS.
fur (far), n. [Latin) Roman law. A thief.
furandi animus (fyuu-ran-dr an-J-mJs). See animus
furandi under ANIMUS.
furca (far-b), n. [Latin "fork"] (l7c) Roman law. An
instrument of punishment with two prongs to which
the arms are tied . In England,furca became another
name for gallows.
furca etflagellum (far-ka et fl<l-jei-<:lm). [Law Latin]
Hist. Gallows and whip. This referred to the basest
of servile tenures the tenant was completely at the
mercy of the lord.
furca etfossa (far-b et fahs-a). [Law Latin] Hist. Gallows
and pit. -This phrase was used in ancient grants of
criminal jurisdiction for punishing felons: hanging for
men and drowning for women.
furfamosus (far f::l-moh-s::ls). [Latin] Scots law. A reputed
thief.
Furian Caninian law. See LEX FURIA CANINIA.
furigeldum (fyar-a-jel-d::lm). [Law Latin fur "theft" +
geldum "payment"] Hist. A fine paid for theft.
furlong (far-Iawng). (14c) One-eighth of a mile, or forty
rods. -Also termed Jerlingus; Jerlingum. [Cases:
Weights and Measures ~3.]
furlough (far-loh). (17c) 1. A leave of absence from
military or other employment duty. 2. A brief release
from prison. See study release under RELEASE.
furlough, vb. [Cases: Prisons C--=:o 174,249.]
fur manifestus (far man-;J-fes-tJs). [Latin "manifest
thief"] Roman law. A thief caught in the act ofstealing.
 AJur manifestus could be put to death on the spot in
either oftwo circumstances: (1) ifthe theft occurred at
night, or (2) if the thief used a lethal weapon against the
person who discovered the crime. Apart from this, the
manifest thief was liable to pay the owner four times the
value of the stolen property. Also termed manifest
thief
furor brevis. See HEAT OF PASSION. furtum
furta (far-ta). Hist. A right or privilege from the monarch
to try, condemn, and execute criminals within a juris
diction.
further advance. 1. A second or later loan to a mort
gagor by a mortgagee, either on the same security as
the original loan or on an additional security. [Cases:
Mortgages 116.] 2. Equity practice. The agreed
conversion of arrears ofinterest on a mortgage security
into principal.
further assurance. See ASSURANCE.
further-exploration covenant. Oil &gas. In an oil-and
gas lease, an implied promise that once production has
been obtained from the leased property, the lessee will
continue to explore other parts of the property and
other formations under it.  Some jurisdictions hold
that the covenant for further exploration does not exist
independently of the covenant for reasonable develop
ment. See also REASONABLE-DEVELOPMENT COVENANT;
REASONABLY-PRUDENT-OPERATOR STANDARD. [Cases:
Mines and Minerals 78.1(7).]
further instruction. See additional instruction under
JURY INSTRUCTION.
furtum (far-t<lm), n. [Latin "theft") Roman law. 1. The
offense of stealing movable property . Under Roman
law,furtum included not only the taking ofanother's
property, but any handling of the property done with
the intent of profiting by it. Furtum was not only a
private wrong (delictum) prosecuted by the person suf
fering the loss. Cf. PECULATUS. 2. The thing stolen.
furtum conceptum (far-t<Jm k::ln-sep-tam). [Latin]
Roman law. A theft in which someone is discovered
in possession of stolen property after a search with
witnesses. _ The possessor was liable to pay the owner
three times the value ofthe stolen property. The pos
sessor could bring an action against the thief and
recover triple damages.
furtum grave (br-tam gray-vee or grah-vay). Hist. Scots
law. An aggravated degree of theft that, in ancient
times, was punishable by death.
furtum manifestum (far-tam man-::l-fes-t::lm). [Latin
"open theft") Roman law. A theft in which the thief
is caught in the act.  A theft was "manifest" if the
thief was caught on the day of the theft with the stolen
property before reaching the place where he intended
to take it. Fourfold damages were available by means
of actio Jurti. (See actio furti under ACTIO.) A theft
other than this type was known as furtum nec mani
festum.
furtum oblatum (far-tam a-blay-tam). [Latin "offered
theft"] Roman law. 1. A theft in which the thief offers
stolen property to a person who is then found with the
goods. "The person found in possession ofthe stolen
goods could bring an action against the true thief 2.
The planting of stolen goods.
furtum possessionis (far-t::lm p::l-zes[h]-ee-oh-nis).
[Latin "theft of possession"] Roman law. The owner's
dishonest removal of a thing from the control of a

746 Fusian Caninian law
pledgee, a bona fide possessor, a commodatary with
a lien, or a usufructuary.
furtum rei (far-tdm ree-I). [Latin "theft of a thing"]
Roman law. Ordinary theft, involving the dishon
est taking ofsomething to which the taker had no
right.
furtum usus (far-tdm yoo-S;:lS oryoo-zdS). [Latin "theft
ofthe use of a thing"] Roman law. 1. A bailee's dis
honest use of the thing bailed or lent. 2. A creditor's
dishonest use ofa pledge (pignus) without contractual
authority.
Fusian Caninian law. See LEX FURIA CANINIA.
fustigation (fds-ti-gay-shan), n. (16c) 1. Hist. The beating
of someone with a stick or club. 2. Harsh criticism.
fustigate, vb.
fustis (bs-tis). Hist. 1. A staff used in making livery of
seisin. 2. A baton or club.
FUTA. abbr. See FEDERAL UNEMPLOYMENT TAX ACT.
futhwite (footh-wIt). Hist. A fine for fighting or breaking
the peace. -Also termed fithwite.
future-acquired property. See AFTER-ACQUIRED
PROPERTY (1).
future advance. (1805) Money secured by an original
security agreement even though it is lent after the
security interest has attached. [Cases: Secured Trans
actions e::-~;20, 114.J
future-advance dause. (1911) A contractual term in
a security agreement covering additional loaned
amounts on present collateral or collateral to be
acquired in the future, regardless of whether the
secured party is obliged to make the advances; esp.,
a provision in an open-end mortgage or deed of trust
allOWing the borrower to borrow additional sums in
the future, secured under the same instrument and by
the same security. -This type of clause makes a new
security agreement unnecessary when the secured
creditor makes a future loan to the debtor. [Cases:
Mortgages 16, 116; Secured Transactions (:=-20,
114.]
future-advances mortgage. See MORTGAGE.
future consideration. See CONSIDERATION (1). future covenant. See COVENANT (4).
future damages. See DAMAGES.
future earnings. See lost earnings under EARNINGS.
future estate


future damages. See DAMAGES.
future earnings. See lost earnings under EARNINGS.
future estate. Seefuture interest under INTEREST (2).
future goods. See GOODS.
future interest. See INTEREST (2).
future performance. See PERFORMANCE.
futures, n. 1. Standardized assets (such as commodi
ties, stocks, or foreign currencies) bought or sold for
future acceptance or delivery. Also termedfinancial
futures. 2. FUTURES CONTRACT. 3. Future claimants,
esp. those who would become members of a class of
persons injured by a defendant and thus included in
a class action.
futures-commission merchant. An individual or firm
that executes orders to buy and sell futures or futures
options. [Cases: Commodity Futures Trading Regula
tion 20, 26.]
futures contract. An agreement to buy or sell a stan
dardized asset (such as a commodity, stock, or foreign
currency) at a fixed price at a future time, usu. during
a particular time ofa month. -Futures contracts are
traded on exchanges such as the Chicago Board of
Trade or the Chicago Mercantile Exchange. Often
shortened to futures. -Also termed futures agreement;
time-bargain. Cf. forward contract under CONTRACT;
LEVERAGE CONTRACT; OPTION. Commodity
Futures Trading Regulation (:=-10.]
futures market. See MARKET.
futures option. See OPTION.
futures trading. The buying and selling offutures con
tracts, usu. on formal exchanges. [Cases: Commodity
Futures Trading Regulation G=, 11.]
future use. See contingent use under USE (4).
future value. See VALUE (2).
FWC. abbr. File wrapper continuation. See CONTINUA
TION; CONTINUATION-IN-PART.
FWS. abbr. UNITED STATES FISH AND WILDLIFE SERVICE.
fyrdfare. See FERDFARE.

G
GA. abbr. See general average under AVERAGE.
GAAP (gap). abbr. GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES.
GAAS (gas). abbr. GENERALLY ACCEPTED AUDITING
STANDARDS.
gabel (g;J-bel). Hist. 1. A tax or duty on movables. 2.
GAVEL (2). -Also spelledgabelle. See LAND-GAVEL.
gabelle (g;J-bel). Hist. 1. A tax or duty on merchandise.
2. A peasant villager, esp. one who pays rent or tribute.
See GAVEL (1). -Also spelled gabella; gavella.
gage (gayj), n. (l4c) A pledge, pawn, or other thing depos
ited as security for performance . An archaic use of
this word corresponded to the way wage was formerly
used in legal contexts: a gager del ley, for example, was
an earlier form of wager oflaw, while gager de deliver
ance had the same meaning as wager ofdeliverance.
Cf. WAGE (2).
"A single root has sent out many branches which over
shadow large fields of law. Gage, engagement, wage,
wages, wager, wed, wedding, the Scottish wadset, all
spring from one root. In particular we must notice that
the word 'gage,' in Latin vadium, is applied indiscriminately
to movables and immovables, to transactions in which a
gage is given and to those in which a gage is taken. When a
lord has seized his tenant's goods in distress they are in his
hands a gage for the payment of the rent that is in arrear,
and the sheriff is always taking gages from those who have
no mind to give them. The notion expressed by the word
seems to be that expressed by our 'security' ...." 2 Fred
erick Pollock & Frederic W. Maitland, The History ofEnglish
Law Before the Time ofEdward 1117-18 (2d ed. 1899).
gage, vb. (14c) To pawn or pledge; to give as security for.
 Gage is an older form of wage, and often appeared as
a phrase, gager deliverance.
"Though the word Cage be retained, as it is a Substantive,
yet as it is a verb, use hath turned the Cage into Wage so
as it is oftener written Wage; as to Wage Deliverance, to
give security, that a thing shall be delivered: For, if he that
distrained, being sued, have not delivered the Cattle that
were distrained, then he shall not onely avow the Distress,
but Cager Deliverance, put in surety, that he will deliver
them." Thomas Blount, Noma Lexicon. A Law-Dictionary
(1670).
gager (gay-j;Jr), n. The giving ofsecurity; the transaction
in which one gives a gage. See GAGE.
gager del ley. See WAGER OF LAW.
gag order. (1952) 1. A judge's order directing parties,
attorneys, witnesses, or journalists to refrain from
publicly discussing the facts ofa case . When directed
to the press, such an order is generally unconstitutional
under the First Amendment. [Cases: Criminal Law C=:c
633.33; Federal Civil Procedure C=:c 1951; Trial C=:c 18,
20.] 2. A judge's order that an unruly defendant be
bound and gagged during trial to prevent further inter
ruptions. [Cases: Criminal Law C=:c637.] gain, n. (14c) 1. An increase in amount, degree, or
value.
pecuniary gain. (l8c) 1. A gain of money or of some
thing having monetary value. 2. Criminal law. Any
monetary or economic gain that serves as an impetus
for the commission of an offense. In most states,
an offense and its punishment are aggravated if the
offense was committed for pecuniary gain. Murder,
for example, is often aggravated to capital murder if
the murderer is paid to commit the crime. See SOLICI
TATION (2).
2. Excess of receipts over expenditures or ofsale price
over cost. See PROFIT (1). 3. Tax. The excess of the
amount realized from a sale or other disposition of
property over the property's adjusted value. IRC (26
USCA)  1001. -Also termed realized gain; net gain;
(in senses 2 & 3) business gain. [Cases: Internal Revenue
~'""='3178-3216.]
capital gain. See CAPITAL GAIN.
extraordinary gain. (16c) A gain that is both unusual
and infrequent, such as the gain realized from selling
a large segment ofa business.
ordinary gain. (1945) A gain from the sale or exchange
ofa noncapital asset. Cf. CAPITAL GAIN.
recognized gain. (1951) The portion of a gain that is
subject to income taxation. IRC (26 USCA)  1001(c).
See BOOT (1). [Cases: Internal Revenue C=:c3178
3216.]
4. (pl.) Civil law. A type of community property that
reflects the increase in property value brought about
by the spouses' common skill or labor. See COMMU
NITY PROPERTY; ACQUET. [Cases: Husband and Wife
C=:c258.]
gainage. See WAINAGE (2).
gainful employment. See EMPLOYMENT.
gainor. See SOCMAN.
gains, n. See GAIN.
GAL. abbr. See guardian ad litem under GUARDIAN.
gale (gayl). (17c) Hist. 1. A periodic payment of rent. See
GAVEL (2). 2. Rent paid by a free miner (the galee) for
the right to mine a plot of land. 3. A license to mine a
plot ofland. A gale could be conveyed or devised. 4.
The land so licensed.
Gallagher agreement. (1977) A contract that gives one
codefendant the right to settle with the plaintiff for a
fixed sum at any time during trial and that guarantees
payment of the sum regardless of the trial's outcome.
City ofTucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972).
Cf. MARY CARTER AGREEMENT. [Cases: Compromise
and Settlement C=:c 100.]

748 gallows
gallows. (bef. 12c) A wooden frame consisting of two
upright posts and a crossbeam, from which condemned
criminals are hanged by a rope.
gamalis (g;}-may-lis). [Law Latin] Hist. 1. A child born
in lawful wedlock. 2. A child born to betrothed but
unmarried parents.
gambler. See COMMON GAMBLER.
gambling, n. (l8c) The act ofrisking something ofvalue,
esp. money, for a chance to win a prize. -Gambling is
regulated by state and federal law. 18 USCA  1081 et
seq. Also termed gaming. See COMMON GAMBLER.
[Cases: Gaming C==> 1,4.)
Indian gambling. Gambling conducted by a feder
ally recognized Indian tribe and regulated by federal
law.
gambling contract. See CONTRACT.
gambling device. Any thing, such as cards, dice, or an
electronic or mechanical contrivance, that allows a
person to playa game of chance in which money may
be won or lost. -Gambling devices are regulated by
law, and the use or possession of a gambling device can
be illegal. Also termed gaming device.
gambling place. Any location where gambling occurs.
IS USCA  lOS1. -Also termed gaming house; gaming
room.
gambling policy. See wager policy under INSURANCE
POLICY.
gambling verdict. See chance verdict under VERDICT.
game, n. (l3c) 1. Wild animals and birds considered as
objects of pursuit, for food or sport; esp., animals for
which one must have a license to hunt. [Cases: Game
2. A contest, for amusement or for a prize, whose
outcome depends on the skill, strength, or luck of the
players. [Cases: GamingC==>6.)
game ofchance. A game whose outcome is determined
by luck rather than skill. See GAMBLING DEVICE.
[Cases: Gaming C==>6; Lotteries
"Games of chance do not cease to be such merely because
they call for the exercise of skill by the players, nor do
games of skill cease to be so because at times .. their
result is determined by some unforeseen aCcident, usually
called 'luck.' According to some cases, the test of the char
acter of the game is not whether it contains an element
of chance or an element of skill, but which of these is
the dominating element that determines the result of the
game.... And it has been said that 'it is the character of
the game, and not the skill or want of skill of the player,'
which determines whether a game is one ofchance or skill:'
38 Am. Jur. 2d Gambling  4, at 109-10 (1968).
game ofskill. A game in which the outcome is deter
mined by a player's superior knowledge or ability, not
chance. [Cases: Gaming C==>6.J
percentage game. A game of chance from which the
house collects an amount calculated as a percentage
of the wagers made or the sums won. Percentage
games are illegal in many states. Gaming C==>
6S.)
game, vb. To gamble; to play for a stake. game law. (lSc) A federal or state law that regulates the
hunting of game, esp. one that forbids the capturing
or killing of specified game either entirely or season
ally, describes the means for killing or capturing game
in season, or restricts the number and type of game
animals that may be killed or captured in season. 16
USCA  661-667; 18 USCA  41-47. [Cases: Game
C==>4.]
gamete intrafallopian transfer. (ca. 1984) A procedure
in which mature eggs are implanted in a woman's fallo
pian tubes and fertilized with semen. -Abbr. GIFT.
Also termed gamete intrafallopian-tube transfer. Cf.
ZYGOTE INTRAFALLOPIAN TRANSFER; ARTIFICIAL
INSEMINATION; IN VITRO FERTILIZATION.
gaming. See GAMBLING.
gaming contract. See gambling contract under
CONTRACT.
gaming device. See GAMBLING DEVICE.
gaming house. See GAMBLING PLACE.
gaming room. See GAMBLING PLACE.
ganancial (g~-nan-sh;}I), adj. (1843) Of, relating to, or
consisting ofcommunity property <a spouse's ganan
cial rights>. See COMMUNITY PROPERTY.
"The Spanish [more correctly, the Castilian] form of commu
nity property, called the 'gananCial' system, is found today
in nine states of the United States, the Spanish-American
republics of Central and South America, the Common
wealth of Puerto Rico and the Philippine Republic." Robert
L Menell & Thomas M. Boykoff, Community Property in Q
Nutshell 10 (2d ed. 1988).
G & A. abbr. See general administrative expense under
EXPENSE.
gang. (ISc) A group ofpersons who go about together or
act in concert, esp. for antisocial or criminal purposes.
-Many gangs have common identifying signs and
symbols, such as hand Signals and distinctive colors.
Also termed street gang.
gangland. (ca. 1912) The world of criminal gangs and
organized crime.
gangster. A member ofa criminal gang or an organized
crime syndicate.
Ganser's syndrome (gahn-z;}r or gan-s;}r). (1968) An
abnormality characterized by the giving of irrelevant
and nonsensical answers to questions. _


). (1968) An
abnormality characterized by the giving of irrelevant
and nonsensical answers to questions. _ Prisoners have
been known to feign this syndrome in an attempt to
obtain leniency.
gantlet (gawnt-lit). [fr. Swedish gata "lane" + lopp
"course") (15c) 1. Hist. A former military punishment
in which the offender was stripped to the waist and
forced to run between two rows of soldiers who gave
him lashes as he passed. 2. A series of severe troubles or
difficulties; an ordeal. - Also spelled gauntlet; (archai
cally) gantlope.
GAO. abbr. GENERAL ACCOUNTABILITY OFFICE.
gaol. See JAIL.
gaol delivery. See JAIL DELIVERY.

749
gaoler. See TAILER.
gaol liberties. See TAIL LIBERTIES.
gap. See GAP PERIOD.
gap creditor. See CREDITOR.
gap-filler. (l5c) A rule that supplies a contractual term
that the parties failed to include in the contract.  For
example, if the contract does not contain a sales price,
UCC  2-305(1) establishes the price as being a rea
sonable one at the time ofdelivery. Cf. DEFAULT RULE.
[Cases: Sales (;:--">22(4), 23(4).]
"Contracts often have gaps in them. intentional or inadver
tent. Gaps arise, too, out of the 'battle of the forms' under
sections 2-204 and 2-207. Some gaps are more or less
complete, others only partial. Article 2 of the Code includes
numerous gap filler provisions which taken together con
stitute a kind of standardized statutory contract." 1James
J. White & Robert S. Summers, Uniform Commercial Code
 3-4 (4th ed. 1995).
gap financing. See FINANCING.
gap period. (1978) Bankruptcy. The duration of time
between the filing of an involuntary bankruptcy
petition and the entry of the order for relief. Often
shortened to gap. [Cases: Bankruptcy (~~)2281.]
gap report. (1984) In the making of federal court a
report that explains any changes made by an advisory
committee in the language of a proposed amendment
to a procedural rule after its publication for comment.
Before advisory committees began issuing gap reports
in the early 1980s, there were complaints that the public
record did not show why changes were made after the
public-comment period. The five adviSory commit
tees -for appellate, bankruptcy, civil, criminal, and
evidence rules therefore began filing the reports to
fill in the "gaps" in the record. Although the phrase is
sometimes written in capital letters (GAP report), it is
not an acronym.
gap theory. Insurance. The principle that a tortfeasor
will be considered underinsured ifhis or her liabilitv
insurance coverage although legally adequate 'is
less than the injured party's underinsured-motorist
coverage . This principle allows an injured party to
invoke underinsured-motorist coverage. Cf. EXCESS
THEORY. [Cases: Insurance~2787.1
garageman's lien. See mechanic's lien under LIEN.
garandia (gd-ran-dee-d). [Law Latin] Hist. A warranty.
Also spelled garantia (gd-ran-shee-a).
garauntor (gar-om-tar). [Law French] Hist. A warrantor
ofland . Agarauntorwas obligated to defend the title
and seisin ofthe alienee. Ifthe alienee was evicted, the
garauntor had to provide the alienee with other land
ofequal value.
Garcia hearing (gahr-see-a). (1981) Criminal procedure.
A hearing held to ensure that a defendant who is one
of two or more defendants represented by the same
attornev understands (1) the risk of a conflict of interest
inhere~t in this type of representation, and (2) that he
or she is entitled to the services of an attorney who
does not represent anyone else in the defendant's case. garnishee
United States v. Garcia, 517 E2d 272 (5th Cir. 1975).
See CONFLICT OF INTEREST (2). [Cases: Criminal Law
1790.]
gard (gahrd). [Law French] Hist. 1. Wardship or custody
(of a person). 2. A precinct (or ward) ofa city. -Also
spelled garde; gardia.
garde (gahrd). [French] I. Civil law. A relationship that
gives rise to a person's liability when an injury is caused
by a thing, whether animate or inanimate, that is con
sidered by law to be that person's responsibility or to
be in that person's custody. 2. See GARD.
gardein (gahr-deen). [Law French] Hist. A guardian or
keeper. Also spelled gardian; gardien; gardeyn.
gardia (gahr-dee-d). GARD.
gardianus (gahr-dee-ay-nas). [Law Latin] Hist. A
guardian, defender, or protector; a warden. -Also
spelled guardian us.
gardianus ecclesiae (gahr-dee-ay-nas e-klee-z[h]ee-ee).
Eccles. law. A churchwarden.
garene (ga-reen). [Law French] See WARREN.
Garmon doctrine. See Garmon preemption under PRE
EMPTION.
Garmon preemption. See PREEMPTION.
Garner doctrine. (1970) The rule that allows shareholder
plaintiffs in a corporate derivative action to discover
confidential communications between a corporate
officer and the corporation's attorney . The Garner
doctrine does not apply to attorney work product, and
the movant must show good cause. Garner v. Wolfm
barger, 430 F.2d 1093 (5th Cir. 1970). See DERIVATIVE
ACTION (1). [Cases: Federal Civil Procedure ~1604(1);
Privileged Communications and Confidentiality ~
113.]
, garnish, n. (16c) Hist. Money exacted from a new
. 	prisoner by other prisoners or as a jailer's fee. This
practice was banned in England in 1815.
garnish, vb. [Old French garnir "to warn" "to prepare"]
(16c) 1. Hist. To notify or warn (a person) of certain
debts that must be paid before the person is entitled
to receive property as an heir. 2. To subject (property)
to garnishment; to attach (property held by a third
party) in order to satisfy a debt. 3. To notify {a person,
bank, etc.} that a garnishment proceeding has been
undertaken and that the one receiving notice may be
liable as stakeholder or custodian of the defendant's
property. -Also termed garnishee; (in senses 2 & 3)
factorize. [Cases: Federal Civil Procedure ~601; Gar
nishment ~ 1.] -garnishable, adj.
garnishee (gahr-ni-shee), n. (l7c) A person or institu
tion (such as a bank) that is indebted to or is bailee for
another whose property has been subjected to garnish
ment. -Also termed garnishee-defendant (as opposed
to the "principal defendant," i.e., the primary debtor).
[Cases: Federal Civil Procedure ~60l; Garnishment
C=13-24.]
garnishee (gahr-ni-shee), vb. See GARNISH.

garnisher 750
garnisher. (l6c) A creditor who initiates a garnishment
action to reach the debtor's property that is thought to
be held or owed by a third party (the garnishee). Also
spelled garnishor. [Cases: Garnishment e:-~11.]
garnishment, n. (16c) 1. A judicial proceeding in which a
creditor (or potential creditor) asks the court to order a
third party who is indebted to or is bailee for the debtor
to turn over to the creditor any ofthe debtor's property
(such as wages or bank accounts) held by that third
party. A plaintiff initiates a garnishment action as a
means ofeither prejudgment seizure or post judgment
collection. [Cases: Federal Civil Procedure ~601;
Garnishment ll8.]
"Garnishment is a[nl ... inquisitorial proceeding, affording
a harsh and extraordinary remedy. it is an anomaly, a statu
tory invention sui generis. with no affinity to any action
known to the common law .... It is a method of seizure; but
it is not a 'levy' in the usual acceptation of that term. It is a
proceeding by which a diligent creditor may legally obtain
preference over other creditors; and it is in the nature of a
creditor's bill. or a sequestration of the effects of a debtor
in the hands of his debtor." 38 c.J,S. Garnishment  3, at
248-50 (2003).
wrongful garnishment. (1896) 1. An improper or
tortious garnishment. [Cases: Garnishment
122,248.] 2. A cause ofaction against a garnisher for
improperly or tortiously filing a garnishment pro
ceeding. [Cases: Garnishment ~248-251.)
2. The judicial order by which such a turnover is
effected. Cf. ATTACHMENT (1); SEQUESTRATION (1).
garnishment lien. See LIEN.
garnishor. See GARNISHER.
Garrity statement (gar-d-tee). (1967) A public employee's
oral or written report (as ofan incident) obtained under
a threat of termination of employment.  A public
employee usu. makes a Garrity statement in the course
ofan internal investigation (as by a police department).
Because a Garrity statement is coerced, the statement
and any evidence obtained as a result of it cannot be
used in a later criminal prosecution against the public
employee. The statement and evidence may be used
only to evaluate the employee's performance. Garrity
v. New Jersey, 385 U.S. 493, 87 S.Ct. 616 (1967).
garsumne. [Old English] A fine; an amercement.
gas-balancing agreement. Oil & gas. A contract among
owners of the production ofa gas well to balance pro
duction if one owner sells more ofthe gas stream than
the other owners do.
"Gas balancing agreements address the problem of imbal
ances in production from a gas well or field. Co-owners
frequently sell their share of production to different pur
chasers .... Even when co-owners sell to the same pur
chaser, their contracts are likely to be signed at different
times and to have different price and take provisions. Thus,
imbalances are ineVitable." John S. Lowe, Oil and Cas Law
in a Nutshell 385 (3d ed. 1995).
gas chamber. (ca. 1945) A small, sealed room in which
a capital punishment is carried out by strapping the
prisoner into a chair and releasing poisonous fumes. gas contract. Oil & gas. An agreement for the sale of
natural gas. [Cases: Gas (,.""'::: 14.1(3).]
gas sold. Oil & gas. Natural gas that is actually sold but
not necessarily all that a well produces . 'The term is
used in natural-gas leases.
gastonette. (1988) A dilatory dance" in which each of
the two responsible parties waits until the other party
acts so that the delay seems interminable; esp., a
standoff occurring when two courts simultaneously
hear related claims arising from the same bases and
delay acting while each court waits for the other to act
first. The term was coined by Judge Jon O. Newman
in In re McLean Industries, Inc., 857 F.2d 88, 90 (2d Cir.
1988), on the model of"After you, my dear Alphonse."
"No, after you, Gaston."
gas used. Oil &gas. Natural gas that is consumed while a
well is in operation but that is not necessarily sold.
GATT (gat). abbr. GENERAL AGREEMENT ON TARIFFS
AND TRADE. See TRIPS.
gauger (gay-jar). (15c) A surveying officer who examines
containers ofliquids to give them a mark ofallowance,
as containing the lawful measure.
gauntlet. See GANTLET.
gavel (gav-<ll). (bef. 12c) 1. Hist. A tribute, toll, or custom
paid to a superior. 2. Hist. An annual payment of rent
or revenue, esp. payment in kind, such as gavel-corn,
gavel-malt, or oat-gavel. -Sometimes spelled gabel.
3. A mallet used by a presiding officer, often a judge, to
bring a meeting or court to order.
gavelbred (gav-dl-bred). Hist. Rent payable in bread,
corn, or some other provision; rent payable in kind.
gavelet (gav-dl-it). (14c) Rist. A writ used in Kent and
London to recover rent from land held in gavelkind.
See CESSAVIT.
gavelgeld (gav-al-geld). Hist. 1. Property that yields a
profit or a tolL 2. The tribute or toll itself.
gavelherte (gav-<ll-h<lrt). Hist. A service ofplowing per
formed by a customary tenant.
gaveling man (gav-dl-ing man or mdn). Hist. See
GAVELMAN.
gavelkind (gav-al-kInd). (14c) Hist. 1. A species ofsocage
tenure arising in land that has descended equally to
the decedent's sons . It was Widespread before 1066,


ising in land that has descended equally to
the decedent's sons . It was Widespread before 1066,
when it was mainly superseded by primogeniture. This
property-division technique was then largely limited to
Kent. The person holding land in this manner enjoyed
several advantages not available under the common law:
the land could be disposed ofby will, did not escheat for
felony other than treason or for want ofheirs, and was
alienable by an heir at age 15. Gavelkind was abolished
in 1925. Although the etymology ofthis term was much
debated in the 19th century, the explanation given in
the first quotation below appears to be the true one. 2.
Land that yields gavel service.
"[Clarol, or gavel, was a word of frequent use before the
Norman Conquest, and signified not only a tribute, tax,
or custom, but also rent in general; and ... under this

751 General Agreement on Tariffs and Trade
term were comprehended all socage services whatsoever
which lay in render or feasance, the word being often com
pounded with and applied to the particulars wherein the
payment or performance of the service consisted; as corn
gavel, or gavelcorn, was a cornrent, and gavel-earth was a
service of 'earing' or ploughing.... The tenant from whom
such services were due was called a gavel-man: and 'gavel
kind' being taken as a compound of this word 'gavel' and
'gekynde,' which is nature, kind, quality (usually appearing
under the form 'gafolcund' in the most ancient records),
the proper signification of the term will be land of the
kind or nature which yielded rent, or 'censualland,' which
may be compared to rent-service land as distinguished
from knight-service land, which being held by free military
service yielded no 'cens' or rent in money, provision, or
works: so that the lands held by the old English tenure
are known in Kent as gavelkind which in other parts of the
country are distinguished by the name of socage." Charles
I. Elton & HerbertJ.H. Mackay, Robinson on Cavelkind 5-6
(5th ed. 1897).
"The term 'gavelkind' has by the modern usage acquired [a]
signification more confined as to the properties contained
under it, yet more extensive in point of place: since at this
day it is generally used to denote the partibility of the land,
exclusive of all other customary qualities; nor is the word
'gavelkind' in common parlance confined to Kentish lands,
but is equally and indifferently applied to all partible lands
wherever they lie." Id. at 9,
"Archbishop Hubert Walter, who presided in the king's
court ... obtained from King John a charter empowering
him and his successors to convert into military fees the
tenements that were holden of their church in gavelkind,
The archbishop's main object may have been to get money
in the form of rents and scutages, instead of provender and
boonworks, 'gavel-corn' and 'gavel-swine,' 'gavelerth' and
'gavel-rip'...." 2 Frederick Pollock & Frederic W. Maitland,
The History ofEnglish Law Before the Time ofEdward 1273
(2d ed. 1899).
gavelman (gav-;ll-m;ln). Hist. A tenant who is liable for
money rent in addition to a customary service to the
lord. _ A gavelman was formerly a villein who had
been released from villenage in consideration ofmoney
rent. Also termed gaveling man.
gavelmed (gav-;ll-meed). Rist. A tenant's customary
service of mowing the lord's meadowland or grass for
hay. -Also spelledgavelmead.
gavel rep (gav-;ll-reep). Hist. A tenant's duty to reap the
lord's fields at the lord's command; BEDRIP. -Also
spelled gavelrip.
gavel through. Parliamentary law. To put (a question) to
a vote before any member can obtain the Hoor. The
practice of "gaveling through" a motion is improper
under parliamentary law.
"It should be noted that, under legitimate parliamentary
procedure, there is no such thing as 'gaveling through' a
measure. The right of members to debate or introduce sec
ondary motions cannot be cut off by the chair's attempting
to put a question to vote so quickly that no member can get
the floor -either when the chair first states the question
or when he believes debate is ended. Debate is not closed
by the presiding officer's rising to put the question." Henry
M. Robert, Robert's Rules ofOrder Newly Revised  43, at
374 (lOth ed. 2000).
gavelwerk (gav-;ll-w;lrk). Hist. Customary service, either
by the tenant's own hands or with the aid ofthe tenant's
carts or carriages. gay marriage. See same-sex marriage under MARRIAGE
(1).
Gazette (g;l-zet). (17c) An official newspaper of the
British government in which acts of State, Crown
appointments, notices of bankruptcy, and other legal
matters are reported . Although the London Gazette
is the most famous, there are also publications called
the Edinburgh Gazette and the Belfast Gazette with
similar purposes,
gazumping (g;l-zamp-ing). (20c) BrE Slang. The improper
sale of a house, usu. by raising the price after accept
ing an offer.  Gazumping can take different forms,
the usual one being when a seller raises the price after
accepting the buyer's offer. But it may also occur when
a competing buyer makes a higher bid than the one
already accepted, thus encouraging the seller to back
out of the earlier contract.
g.b.h. abbr. Grievous bodily harm. See serious bodily
injury under INJURY.
GBMI. abbr. GUILTY BUT MENTALLY ILL
gdn. abbr. GUARDIAN.
Gebrauchsmuster. [German] Patents. UTILITY MODEL.
Abbr.GM.
geld, n. (lSc) Hist. A tax paid to the Crown under Anglo
Saxon and Norman kings.
geldable (geld-;l-b;ll), adj, Hist. (Of property) subject to
tax or tribute. Also spelled gildable.
GEM. See growing-equity mortgage under MORTGAGE.
gemot (g;l-moht). (bef. 12c) Hist. A local judicial
assembly; a public meeting. Also spelled gemote.
gender discrimination. See sex discrimination under
DISCRIMINATION.
gener (jee-n<Jr), n. [Latin] Roman law. A son-in-law,
General Accounting Office. See GENERAL ACCOUNT
ABILITY OFFICE.
General Accountability Office. An office in the legisla
tive branch of the federal government responsible for
auditing the receipt and disbursement of U.S. govern
ment funds and conducting investigations for members
ofCongress and congreSSional committees . Headed
by the Comptroller General ofthe United States, it was
formerly called the General Accounting Office, estab
lished by the Budget and Accounting Act of 1921. It was
renamed in 2004. 31 USCA  702. -Abbr. GAO.
general act. See PUBLIC LAW (2).
general administration. See ADMINISTRATION.
general administrative expense. See EXPENSE.
general administrator. See ADMINISTRATOR (2).
general agency. See AGENCY (I).
general agent. 1. See AGENT (2). 2. See INSURANCE
AGENT.
General Agreement on Tariffs and Trade. A multiparty
international agreement -signed originally in 1948
that promotes international trade by lowering import

752 general appearance
duties and providing equal access to markets . More
than 150 nations are parties to the agreement. Abbr.
GATT.
general appearance. See APPEARANCE.
general assembly. 1. The name ofthe legislative body
in many states. 2. (cap.) The deliberative body of the
United Nations. 3. CONVENTION (4).
general assignment. See ASSIGNMENT (2).
general assumpsit. See ASSUMPSIT.
general authority. See AUTHORITY (1).
general average. See AVERAGE.
general-average bond. See BOND (2).
general-average contribution. See general average under
AVERAGE.
general average loss. See LOSS.
general-average statement. Maritime law. A statement
containing an exact calculation ofthe general average
and each party's contributory share. See AVERAGE (3).
[Cases: Shipping 199.]
general benefit. See BENEFIT.
general bequest. See BEQUEST.
general cargo. See CARGO.
general challenge. See challenge for cause under CHAL
LENGE (2).
general compromis. See COMPROMIS.
general consent. l. See BLANK CONSENT. 2. See CONSENT
(2).
general contractor. See CONTRACTOR.
general council. See COUNCIL.
general counsel. See COUNSEL.
General Counsel's Memorandum. Tax. 1. A written dis
cussion, issued by the office ofthe Chief Counsel ofthe
IRS, on the merits of a legal issue involving tax law. 2.
A written explanation, issued by the office ofthe Chief
Counsel of the IRS, explaining the IRS's positions in
revenue rulings and technical advice memorandums.
[Cases: Internal Revenue (;:=;;3051.]
general couut. See COUNT.
General Court. The name of the legislatures of Massa
chusetts and New Hampshire . "General Court" was
a common colonial-era term for a body that exercised
judicial and legislative functions. Cf. COURT OF ASSIS
TANTS.
general court-martial. See COURT-MARTIAL.
general covenant against encumbrances. See covenant
against encumbrances under COVENANT (4).
general creditor. See unsecured creditor under CREDI
TOR.
general criminal intent. Seegeneral intent under INTE::-<T
(1).
general custom. See CUSTOM.
general damages. See DAMAGES. general debt. See DEBT.
general deficiency bill. See deficiency bill under BILL
(3).
general demurrer. See general exception (1) under
EXCEPTION (1).
genera] denial. See DENIAL.
general deposit. See DEPOSIT (2).
general deputy. L See DEPUTY (2). 2. See deputy sheriff
under SHERIFF.
general deterrence. See DETERRENCE.
general devise. See DEVISE.
general-disability insurance. See INSURANCE.
general discharge. See DISCHARGE (8).
general election. See ELECTION (3).
general employer. See EMPLOYER.
general exception. See EXCEPTION (1).
general execution. See EXECUTION (4).
general executor. See EXECUTOR.
general expense. See general administrative expense
under EXPENSE.
general federal common law. See COMMON LAW (1).
general fee conditional. Seefee simple conditional under
FEE SIMPLE.
general finding. See FINDING OF FACT.
general franchise. See FRANCHISE (2).
general fund. See Fl:ND (1).
general good and welfare. See GOOD OF THE ORDER.
general guaranty. See GUARANTY.
general guardian. See GUARDIAN.
general hypothecation. See HYPOTHECATION.
generalia specialibus non derogant (jen-a-ray-Iee-a
spesh-ee-ay-h-bas non der-a-g;mt). [Latin "general
things do not derogate from specific things"] The
doctrine holding that general words in a later statute do
not repeal an earlier statutory provision dealing with a
special subject.  This principle illustrates the cautious
approach that some courts have adopted in interpret
ing broad provisions, but there are many exceptions.
[Cases: Statutes CC)162,223.4.]
general imparlance. See IMPARLANCE.
general improvement. See IMPROVEMENT.
general indorsement. See blank indorsement under
INDORSEMENT.
general instruction. See JURY INSTRUCTlO::-<.
general intangible. See INTANGIBLE.
general intent. See INTENT (1).
general-intent crime. See CRIME.
general issue. See ISSUE (1).
general jail delivery. See JAIL DELIVERY.
general jurisdiction. See JURISDICTION.

753
general-jurisdiction court. See court ofgeneral jurisdic
tion under COURT.
general jurisprudence. See JURISPRl:DENCE.
general-justification defense. See lesser-evils defense
under DEFENSE (1).
General Land Office. A former U.S. Interior Department
division that exercised executive power relating to the
public lands, including their survey, patenting, and sale
or other disposition . The General Land Office and the
U.S. Grazing Service were consolidated into the Bureau
of Land Management in 1946. See BUREAU OF LAND
MANAGEMENT. [Cases: Public Lands
general law. See LAW.
general ledger. See LEDGER (1).
general legacy. See LEGACY.
general legal principle. See GENERAL PRINCIPLE OF
LAW.
general legatee. See LEGATEE.
general legislation. See LEGISLATION.
general letter ofcredit. See LETTER OF CREDIT.
general.liability policy. See comprehensive general-lia
bility policy under INSURANCE POLICY.
general lien. See LIEN.
general listing. See open listing under LISTING (1).
generally accepted accounting principles. (1930) The
conventions, rules, and procedures that define approved
accounting practices at a particular time . These prin
ciples are issued by the Financial Accounting Standards
Board for use by accountants in preparing financial
statements. The principles include not only broad
guidelines of general application but also detailed prac
tices and procedures. -Abbr. GAAP. Also termed
generally accepted accountancy principles.
generally accepted auditing standards. lhe guidelines
issued by the


Also termed
generally accepted accountancy principles.
generally accepted auditing standards. lhe guidelines
issued by the American Institute of Certified Public
Accountants establishing an auditor's professional
qualities and the criteria for the auditor's examination
and required reports. -Abbr. GAAS.
general malice. See MALICE.
general manager. See MANAGER.
general maritime law. The body of U.S. legal precedents
and doctrines developed through caselaw in maritime
and admiralty litigation . General maritime law is
a branch of federal common law. It is distinguished
from statutory law. Cf. MARITIME LAW; LAW OF THE
SEA. [Cases: Admiralty C= 1.5.]
"The general maritime law is characterized by the expan
sive and dominant role played by federal courts in fashion
ing and applying its precepts to new situations. Large areas
of maritime tort law have not been touched by legislation;
these are left to the federal courts to define and fill. In
areas preempted by legislation, federal courts may not
establish principles in derogation of the congressional
mandate. However, in the framework of admiralty juris
diction, federal courts may still play an active role in inter
preting statutes, filling gaps, and coordinating legislation general revenue
with the general maritime law." Thomas J. Schoenbaum,
Admiralty and Maritime Law 122 (1987).
general mens rea. See general intent under r",TENT (1).
general mortgage. See MORTGAGE.
general-mortgage bond. See BOND (3).
general non est factum. See NON EST FACTUM.
general objection. See OBJECTION.
general-obligation bond. See BOND (3).
general occupant. See OCCl:PANT.
general officer. See OFFICER (2).
general order. See ORDER (4).
general owner. See OWNER.
general parliamentary law. See PARLIAMENTARY LAW.
general pardon. See AMNESTY.
general partner. See PARTNER.
general partnership. See PARTNERSHIP.
general personal jurisdiction. See JURISDICTION.
general plea. See general denial under DENIAL.
general plea in bar. See PLEA IN BAR.
general power. See POWER OF APPOINTMENT.
general power ofappointment. See POWER OF APPOIKT
MENT.
general power ofattorney. See POWER OF ATTORNEY.
general prayer. See PRAYER FOR RELIEF.
general principle oflaw. 1. A principle widely recognized
by peoples whose legal order has attained a certain level
ofsophistication. 2. Int'llaw. A principle that gives rise
to international legal obligations.
"[T]he adjective 'general' does not refer to several or many
orders [Le., legal systems] as do the general principles of
national law, but indicates principles which are applied
generally in all cases of the same kind which arise in
international law (e.g. the principle of nonintervention)."
Hermann Mosler, "General Principles of Law," in 2 Encyclo
pedia ofPublic International Law 512, 512 (1995).
3. A principle recognized in all kinds oflegal relations,
regardless of the legal system to which it belongs (state
law, federal law, international law, etc.). Also termed
general legal principle.
general privilege. See PRIVILEGE (5).
general property. See PROPERTY.
general publication. See PUBtICATION.
general-public license. See open-source license under
LICENSE.
general receiver. See principal receiver under RECEIVER.
general reference. See REFERENCE.
general replication. See REPLICATION.
general reprisal. See REPRISAL.
general retainer. See RETAINER.
general retention. See RETENTION.
general revenue. See REVENUE.

754 general revenue fund
general revenue fund. See FUND (1).
general rule. See RULE.
general sentence. See SENTENCE.
General Services Administration. The independent
federal agency that constructs and operates buildings;
manages government property and records; procures
and distributes supplies; and provides management
services in communications, traffic, and automatic
data processing . Its Office ofEnterprise Development
assists small businesses in dealing with the agency
through GSA's 12 regional offices. The agency was
created by the Federal Property and Administrative
Services Act of 1949. 40 USCA  751. -Abbr. GSA.
general ship. See SHIP.
general special imparlance. See IMPARLANCE.
general statute. 1. See STATUTE. 2. See PUBLIC LAW (2).
general strike. See STRIKE.
general synod. See SYNOD.
general tail. See tail general (1) under TAIL.
general tax. See TAX.
general tenancy. See TENANCY.
general term. See TERM (5).
general title. See TITLE (3).
general traverse. See TRAVERSE.
general truce. See TRUCE.
general trust. See passive trust under TRUST.
general usage. See USAGE.
general verdict. See VERDICT.
general-verdict rule. (1930) The principle that when
a jury returns a general verdict on multiple causes
of action (or theories of recovery), it is presumed on
appeal that the jury found in the prevailing party's
favor on each cause ofaction. (Cases: Appeal and Error
~930(4).]
general verdict subject to a special case. See VERDICT.
general verdict with interrogatories. See VERDICT.
general warrant. See WARRANT (1).
general warranty. See WARRANTY (1).
general warranty deed. See warranty deed under
DEED.
general welfare. See WELFARE (l).
General Welfare Clause. (1898) U.S. Const. art. I,
8, d. 1, which empowers Congress to levy taxes and
pay debts in order to provide for the country's general
welfare. The Supreme Court has broadly interpreted
this clause to allow Congress to create, for example, the
social-security system. -Also termed Welfare Clause.
lCases: United States ~22.]
general words. (I8c) Semantically broad expression; esp.,
language used in deeds to convey not only the specific
property described in the conveyance but also all easements, privileges, and appurtenances that may belong
to the property. [Cases: Deeds (,'-:::> 117.]
generation. (l4c) 1. A Single degree or stage in the suc
cession of persons in natural descent. 2. The average
time span between the birth of parents and the birth
of their children.
generation-skipping tax. See TAX.
generation-skipping transfer. (1979) Wills & trusts. A
conveyance ofassets to a "skip person," that is, a person
more than one generation removed from the transf
eror. For example, a conveyance either directly or in
trust from a grandparent to a grandchild is a genera
tion-skipping transfer subject to a generation-skipping
transfer tax. IRC (26 USCA)  2601-2663. See gen
eration-skipping transfer tax under TAX; generation
skipping trust under TRUST; SKIP PERSON.
generation-skipping transfer tax. See TAX.
generation-skipping trust. See TRUST.
generic, adj. (1846) Trademarks. 1. Common or descrip
tive, and thus not eligible for trademark protection;
nonproprietary <a generic name>. [Cases: Trademarks
0=1034.] 2. Not having a trademark or brand name
<generic drugs>.
genericalness. See GENERICNESS.
generic burglary. See BURGLARY.
generic claim. See PATENT CLAIM.
generic drug. See DRUG.
generic-drug law. (1977) A statute that allows pharma
cists to substitute a generic drug for a brand-name drug
under specified conditions . Most states have enacted
generic-drug laws to ensure that less-expensive generic
drugs are available to consumers,
genericide (ja-ner-a-sId). Trademarks. The loss or can
cellation of a trademark that no longer distinguishes
the owner's product from others' products . Generi
cide occurs when a trademark becomes such a house
hold name that the consuming public begins to think
of the mark not as a brand name but as a synonym for
the product itself. Examples of trademarks that have
been"killed" by genericide include aspirin and escala
tor. [Cases: Trademarks G=:;>1166.1
genericism (ja-ner-a-siz-am). See GENERIC NESS.
generic name. (1872) Trademarks. A term that describes
something generally without deSignating the thing's
source or creator, such as the word car or sink .  A
generic name cannot be protected as a trademark for
the thing it denotes; e.g., Apple can be a trademark for
computers but not for apples. Also termed generic
term; generic mark; common descriptive name. [Cases:
Trademarks
genericness, n, (20c) The state or condition of being
generic <an affirmative defense ofgeneric ness in a trade
mark suit>. Also termed genericalness; genericism.
generic swap. See plain-vanilla swap under INTEREST
RATE SWAP.

generic term. See GENERIC NAME.
genetic child. See natural child (1) under CHILD.
genetic engineering. (ca. 1951) A method of creating
new life forms and organic matter by gene-splicing and
other techniques . lhe Supreme Court has ruled that
those creations are patentable. Diamond v. Chakrabarty,
447 U.S. 303, 100 S.Ct. 2204 (1980).
genetic father. See biological father under FATHER.
genetic fingerprinting. See DNA IDENTIFICATION.
genetic-marker test. A medical method of testing
tissue samples used in paternity and illegitimacy
cases to determine whether a particular man could be
the father of a child . This test represents a medical
advance over blood-grouping tests. It analyzes DNA
and is much more precise in assessing the probability
of paternity. Abbr. GMT. See PATERNITY TEST. Cf.
BLOOD-GROUPING TEST; HUMAN-LEUKOCYTE ANTIGEN
TEST. [Cases: Children Out-of-Wedlock <:>45,58.]
genetic mother. See biological mother under MOTHER.
genetic parent. See biological parent under PARENT.
Geneva Conventions of 1949 OJ-nee-va). Four inter
national agreements dealing with the protection of
wounded members of the armed forces, the treatment of
prisoners of war, and the protection ofcivilians during
international armed conflicts . Common Article 3 of
the Conventions proclaims certain minimum standards
of treatment that are applicable to noninternational
armed conflicts. The humanitarian-law protection
established in these four agreements was amplified in
1977 by the two Protocols Additional to the Geneva
Conventions. In common parlance, people refer to the
Geneva Convention as if there were just one agreement.
Cf. LAWS OF WAR. [Cases: Treaties <:>8.]
Geneva Phonograms Convention. A 1971 treaty
requiring signatories to protect phonorecord pro
ducers against piracy and the importation of pirated
copies, by copyright protection, unfair-competition
law, or criminal sanctions . The treaty was drafted by
representatives from WIPO and UNESCO to correct
weaknesses in the Rome Convention. Also termed
Convention for the Protection ofProducers ofPhono
grams Against Unauthorized Duplication ofTheir Pho
nograms; Phonograms Convention.
genocide (jen-J-sId). (ca. 1944) Int'llaw. An interna
tional crime involving acts causing serious physical
and mental harm with the intent to destroy, partially
or entirely, a national, ethnic, racial, or religious group .
 The Widely ratified Genocide Convention of 1948
defines the crime. The International Criminal Court
has jurisdiction to try those accused ofgenocide. Many
nations also have criminal laws providing punishment
for individuals convicted of genOcide. Cf. ETHNIC
CLEANSING. [Cases: Aliens, Immigration, and Citizen
ship <:>763.]
"The ... draft Convention on the Prevention and Punish
ment of the Crime of Genocide was adopted by the General
Assembly on December 9, 1948 and unanimously recom
mended for adherence to the members of the United Nations. It came into force in October, 1950 .... The term
'genocide' was first proposed by Dr. Lemkin in the course
of the war and incorporated on his suggestion into the
Indictment of the Major German War Criminals. The [U.N.
General] Assembly Resolution on Genocide of December
11. 1946, and the Convention of 1948, are also the result
of a remarkable one-man campaign." Georg Schwarzen
berger, Power PolitiCS: A Study ofInternational Society 634
(2ded.195l).
Genoese lottery (jen-oh-eez or -ees). See LOTTERY.
genotype. (19c) Patents. The genetic makeup ofa living
organism. A patent on living matter must disclose
its genotype rather than just describe its phYSical char
acteristics (phenotype) or behavior. Cf. PHENOTYPE.
[Cases: Patents (;=:c 14.] genotypic, adj.
gens (jenz), n. [Latin] (19c) Roman law. A clan or group
offamilies who share the same name and (supposedly)
a common ancestor; extended family . Members of
a gens are freeborn and possess full civic rights. PI.
gentes.
"A wider group still is the gens, of great importance in early
law though its importance was gone in classical times.
This consisted of all who bore the same nomen, the gentile
name." W.w. Buckland, A Manual ofRoman Private Law61
(2d ed. 1953).
gentes (jen-teez), n. [Latin] (19c) Roman law. Ihe peoples
or nations of the world, particularly the civilized