from offering or
paying bribes to foreign officials in order to obtain or
maintain a commercial interest, and requires compa
nies whose securities are listed in the United States to
comply with certain accounting practices. 15 USCA
78dd-l, et. seq. [Cases: BriberyC:::> 1(1).]
foreign county. See COUNTY.
foreign court. See COURT.
foreign creditor. See CREDITOR.
foreign divorce. See DIVORCE.
foreign document. See DOCUMENT.
foreign domicile. See DOMICILE.
foreign dominion. Hist. A country that at one time was
a foreign state but that by conquest or cession has come
under the British Crown.
foreign draft. See DRAFT.
foreign-earned-income exclusion. (1964) The Internal
Revenue Code provision that excludes from taxation
a limited amount of income earned by nonresident
taxpayers outside the United States. -The taxpayer
must elect between this exclusion and the foreign tax
credit. IRC (26 USCA)  91l(a), (b). See foreign tax
credit under TAX CREDIT. [Cases: Internal Revenue
C:::>4095-4122.J
Foreign Emoluments Clause. The clause of the U.S.
Constitution prohibiting titles of nobility and the
acceptance of a gift, title, or other benefit from a foreign
power. U.S. Const. art. I,  9, cl. 8. -Sometimes short
ened to Emoluments Clause.
foreigner. (ISc) 1. Hist. A person not an inhabitant ofa
particular city under discussion. 2. A citizen of another
country.
foreign exchange. (17c) 1. The process of making inter
national monetary transactions; esp., the conversion of one currency to that of a different country. 2. Foreign
currency or negotiable instruments payable in foreign
currency, such as traveler's checks.
foreign-exchange market. See MARKET.
foreign-exchange rate. The rate at which the currency of
one country is exchanged for the currency of another
country.
foreign guardian. See GUARDIAN.
foreign immunity. See IMMUNITY (1).
Foreign Intelligence Surveillance Act. A 1978 federal
statute that established new procedures and courts to
authorize electronic surveillance of foreign intelligence
operations in the United States . 1be Act established
the Foreign Intelligence Surveillance Court and the
Foreign Intelligence Court of Review. It allows the
Attorney General to obtain warrants that authorize
electronic surveillance of suspected foreign-intelli
gence operatives without public disclosure and without
a showing of probable cause that criminal activity is
involved. Abbr. FISA. [Cases: War and National
Emergency
Foreign Intelligence Surveillance Court. See U~ITED
STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT.
Foreign Intelligence Surveillance Court ofReview. See
UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE
COURT OF REVIEW.
foreign judgment. See JUDGMENT.
foreign jurisdiction. See Il:RISDICTION.
foreign jury. See JURY.
foreign law. 1. Generally, the law ofanother country. 2.
Conflict oflaws. The law ofanother state or ofa foreign
country.
foreign minister. See MINISTER.
foreign object. (l7c) An item that appears where it does
not belong; esp., an item introduced into a living body,
such as a sponge that is left in a patient's body during
surgery. _ Ihe discovery rule usu. tolls the statute of
limitations for a medical-malpractice claim based on
a foreign object. Also termed foreign substance. See
FOREIGN SUBSTANCE. [Cases: Health C=;666; Limita
tion ofActions C-~9S(l3).]
foreign port. See PORT.
foreign-relations law. See INTERNATIONAL LAW.
foreign service. (19c) 1. UNITED STATES FOREIGN
SERVICE. 2. FORINSEC SERVICE. 3. Rist. A feudal service
performed by a tenant outside of the fee.
Foreign Service Institute. A unit in the US. Department
of State responsible for training officers and employ
ees ofthe Foreign Service as well as personnel in other
agencies. Abbr. FSI.
foreign situs trust. See TRUST.
Foreign Sovereign Immunities Act. A federal statute
providing individuals with a right of action against
foreign governments, under certain circumstances, to
the extent the claim arises from the private, as opposed

721
to the public, acts of the foreign state. 28 USCA
1602-161l. Abbr. FSIA. See RESTRICTIVE PRI~CIPLE
OF SOVEREIGN IMMU~ITY. [Cases: International Law
10.31-10.39.]
"The Foreign Sovereign Immunities Act (FSIA) of 1976 was
designed to provide a set of comprehensive regulations
governing access to federal and state courts in this country
for plaintiffs asserting claims against foreign states and
instrumentalities thereof. The enactment of this legislation
responded to the reality that increased contacts between
American citizens and companies on the one hand, and
foreign states and entities owned by foreign states on the
other, as well as a constantly expanding range of govern
ment activities, had created the need for judicial fora in
this country to resolve disputes arisi ng out of these activi
ties." 14A Charles Alan Wright et aI., Federal Practice and
Procedure  3662, at 160-61 (2d ed. 1998).
foreign state. 1. A foreign country. 2. An American state
different from the one under discussion.
foreign substance. (17c) A substance found in a body,
organism, or thing where it is not supposed to be found
<the plaintiff sued because she thought she saw -and
later confirmed that she had found - a foreign sub
stance (namely, a piece of glass) in her hamburger>.
foreign support order. See SUPPORT ORDER.
foreign tax credit. See TAX CREDIT.
foreign trade zone. See FREE-TRADE ZONE.
foreign trust. Seeforeign-situs trust under TRUST.
foreign vessel. See VESSEL.
foreign voyage. See VOYAGE.
foreign water. See WATER.
forejudge, vb. 1. To prejudge; to judge beforehand. 2.
Loosely, FORJUDGE.
foreman. (15c) 1. See presidingjuror under JUROR. 2. A
person who directs the work ofemployees; an overseer,
crew chief, or superintendent. foremanship, n.
forematron. Hist. The presiding juror in an all-woman
jury.
forensic (fCl-ren-sik also -zik), ad). [fro Latin forensis
"public," fro Latinforum "court"] (17c) 1. Used in or
suitable to courts of law or public debate <forensic
psychiatry>. 2. Rhetorical; argumentative <Tietjen's
considerable forensic skills>. 3. Hist. Exterior; foreign.
See FORENSIS.
forensic engineering. (1976) 'The use of engineering
principles or analysis in a lawsuit, usu. through an
expert witness's testimony.
forensic evidence. See EVIDENCE.
forensic linguistics. (1973) The science or technique
that evaluates the linguistic characteristics of written
or oral communications, usu. to determine identity or
authorship.
forensic medicine. (1845) The branch of medicine that
establishes or interprets evidence using scientific
or technical facts, such as ballistics. -Also termed
medical jUrisprudence. forestalling the market
forensic pathology. (1959) The specific branch of
medicine that establishes or interprets evidence deating
with diseases and disorders ofthe body, esp. those that
cause death.
forensics (fCl-ren-siks also -ziks). (1963) 1. The art of
argumentative discourse. 2. The branch oflaw enforce
ment dealing with legal evidence relating to firearms
and ballistics.
forensic services. Hist. In feudal law, the payment of
extraordinary aids or the rendition of extraordinary
military services.
forensis (f~-ren-sis), ad). [fro Latin forum "court"] Roman
law. Of or relating to a court oflaw . An advocate, for
example, was sometimes known as a homo forensis. See
FORENSIC.
foreperson. See presidingjuror under JUROR.
foreseeability, n. (1928) The quality of being reasonably
anticipatable . Foreseeability, along with actual cau
sation, is an element ofproximate cause in tort law.
foreseeable, ad).
foreseeable damages. See DAMAGES.
forest, n. (13c) Hist. A tract of land, not necessarily
wooded, reserved to the king or a grantee, for hunting
deer and other game.
forestall (for-stawl), vb. (bef. 12c) 1. To prevent (an event,
result, etc.). 2. His/. To intercept or obstruct (as a person
on a royal highway). 3. Hist. To prevent (a tenant) from
coming on the premises. 4. Hist. To intercept (as a deer
reentering a forest). 5. Hist. To buy (goods) for the
purpose of reselling at a higher price. -At common
law, this was an indictable offense. See FORESTALLING
THE MARKET. -Also spelled forstall.
"[AJ growing town in England might have placed a higher
\lalue on grain than a neighboring town with a static popula
tion, yet traditional patterns of business might continue to
send the same amount of grain to both towns. A forestaller
would bid against the traditional buyer in the smaller town,
obtain the grain, and resell it where it could command a
higher price in the larger town. Forestalling did not harm
allocative efficiency. Indeed, it was a highly effective means
of reallocating scarce goods to their most highly valued
uses --the \lery definition of efficiency. Rather, forestalling
was objectionable, and thus prohibited as a restraint of
trade, because the bidding process necessarily resulted in
higher grain prices in many parts of the country." Stephen
F. Ross, Principles ofAntitrust Law 12 (1993).
forestaller, n. 1. A person who forestalls. 2. Hist. One
guilty of the offense of forestalling. See FORESTALL
(5).
forestalling the market. Hist. 1. The taking possession
of commodities on their way to the market. 2. The
purchase of goods on their way to the market, with
the intention ofreselling them at a higher price. 3. The
deterrence of having sellers offer their goods at market
at a reasonable price; specif., the crime of inhibiting
normal trading by persuading sellers to raise their
prices on goods or dissuading them from offering
the goods in a particular market, or by purchasing as
much as possible of certain goods before they reach the
market to drive up prices.

forest law. Rist. The body oflaw protecting game and
preserving timber.
forestry right. A land interest under which a person has
the right to enter the land, establish and maintain a
crop of trees, harvest them, and construct works for
that purpose. [Cases: Logs and Logging Cr~L]
Forest Service. An agency in the U.S. Department of
Agriculture responsible for managing the nation's
national forests . The Forest Service also operates the
Youth Conservation Corps and the Volunteers in the
~ational Forest programs. [Cases: Woods and Forests
8.]
forfeiture (for-fi-ch;lr), n. (14c) 1. The divestiture of
property without compensation. 2. The loss ofa right,
privilege, or property because ofa crime, breach ofobli
gation, or neglect of duty. Title is instantaneously
transferred to another, such as the government, a cor
poration, or a private person. [Cases: Controlled Sub
stances C=:o 162; Forteitures C=:o 1.] 3. Something (esp.
money or property) lost or confiscated by this process;
a penalty. -forfeit, vb. -forfeitable, adj.
civil forfeiture. (1867) An in rem proceeding brought
by the government against property that either facili
tated a crime or was acquired as a result of criminal
activity. [Cases: Controlled Substances (:::;) 162; For
feitures C=:o L]
criminal forfeiture. (1866) A governmental proceeding
brought against a person to seize property as punish
ment for the person's criminal behavior. [Cases: Con
trolled Substances Forfeitures Cr~,L]
forfeiture ofmarriage. Hist. A penalty exacted by a lord
from a ward who married without the lord's consent.
 The penalty was a money payment double the value
that the marriage would otherwise have been worth
to the lord.
forfeiture ofpay. Military law. A punishment depriv
ing the guilty party ofall or part ofhis or her military
pay.
4. A destruction or deprivation ofsome estate or right
because of the failure to perform some contractual obli
gation or condition.
"[When a condition] is not likely to occur until the obligee
has relied on the expected exchange by, for example, per
forming or preparing to perform, ... nonoccurrence of the
condition results in the obligee's loss of its reliance interest
when the obligee loses the right to that exchange. This loss
of reliance interest is often described as 'forfeiture.'" E.
Allan Farnsworth, Contracts  8.4, at 533 (3d ed. 1999).
forfeiture clause. (1804) 1. A contractual provision
stating that, under certain circumstances, one party
must forfeit something to the other . Forfeiture clauses
are often held to be void, although they are similar to
conditions and other qualifications of estates in land.
2. NO-CONTEST CLAUSE.
forfeiture restraint. An attempt by an otherwise effec
tive conveyance or contract to cause a later conveyance
to terminate or to make some or all ofthe later conveyance subject to termination


tive conveyance or contract to cause a later conveyance
to terminate or to make some or all ofthe later conveyance subject to termination. Sometimes shortened to
restraint. [Cases: Deeds Property C=:o n.]
forgavel (for-gav-dl). Hist. A small reserved rent in
money; quit-rent.
forgery, n. (16c) 1. lhe act offraudulently making a false
document or altering a real one to be used as ifgenuine
<the contract was void because ofthe seller's forgery>.
 Though forgery was a misdemeanor at common law,
modern statutes typically make it a felony. Also
termed false making. [Cases: Forgery C=:o 1.] 2. A false
or altered document made to look genuine by someone
with the intent to deceive <he was not the true property
owner because the deed was a forgery>. Also termed
fake. 3. Under the Model Penal Code, the act offraudu
lently altering, authenticating, issuing, or transferring
a writing without appropriate authorization . Under
the explicit terms ofthe Code, writing can include items
such as coins and credit cards. Model Penal Code
224.1(1). -forge, vb. forger, n.
"While it is true that there is a distinction between fraud
and forgery, and forgery contains some elements that are
not included in fraud, forgeries are a species of fraud. In
essence, the crime of forgery involves the making, altering,
or completing of an instrument by someone other than the
ostensible maker or drawer or an agent of the ostensible
maker or drawer." 37 c.J.S. Forgery  2, at 66 (1997).
double forgery. A draft haVing a forged payor signature
and a forged indorsement.
fori disputationes (for-I dis-pyoo-tay-shee-oh-neez).
[Latin "arguments of the court"] Roman law. Argu
ments or discussions before a court.
forinsec service (f;l-rin-sik). (lSc) Hist. The feudal
services owed by a mesne (I.e., intermediate) lord,
esp. those of a military nature. -Also termed foreign
service;forinsecum servitium. Cf. INTRINSEC SERVICE .
"The terminology of Bracton's day and of yet earlier times
neatly expresses the distinction between the service which
the tenant owes to his immediate lord by reason of the
bargain which exists between them, and the service which
was incumbent on the tenement whilst it was in the lord's
hand. The former is intrinsec service, the latter forinsec
service; the former is the service which is created by, which
(as it were) arises within, the bargain between the two
persons, A and B, whose rights and duties we are discuss
ing; the latter arises outside that bargain, is 'foreign' to
that bargain .... [T]he term is a relative one; what is
'intrinsec' between A and B is 'forinsec' as regards c." 1
Frederick Pollock & Frederic W. Maitland, The History of
English Law Before the Time of Edward I 238, 239 n.2 (2d
ed. 1898).
forinsecus (f;l-rin-s;l-k;ls), adv. [fro Latinforis "without"]
Hist. On the outside.
forinsecus (f;l-rin-s;l-kds), n. [Latin] Hist. A foreigner;
someone from another jurisdiction.
foris (for-is), adj. [Latin] Abroad; outdoors; without.
forisbanitus (for-is-ban-a-tas). See FORBANNITUS.
forisbannire (for-is-b;l-nl-ree), vb. [Law Latin "to
banish"] Hist. To expel from a certain territory; to
banish.
forisfacere (for-is-fay-sa-ree), vb. [fro Latinforis "without"
+facere "to make"] Hist. 1. To forfeit (an estate or other

723
property). Literally, this means to make the property
foreign to oneself. 2. To violate the law; to do a thing
against or without the law.
forisfactum (for-is-fak-tJm), adj. [Law Latin] Hist. (Of
property) forfeited.
forisfactus (for-is-fak-tJs). [Law Latin] Hist. A criminal;
esp., one who has forfeited his or her life by committing
a capital offense.
forisfactus servus (for-is-fak-t<:>s sar-vJs). [Law Latin]
Hist. A freed slave who has forfeited his or her freedom
by committing a crime.
forisfamiliate (for-is-fJ-mil-ee-ayt), vb. Latin foris
"outside" +familia "family"] (16c) Hist. To emancipate
(a son) from paternal authority by a gift ofland. This
act usu. rendered the son ineligible to inherit more
property. Also termed (archaically) forisfamiliare.
forisfamiliated (for-is-fJ-mil-ee-ay-tid), adj. Hist. (Of a
son) emancipated from paternal authority and in pos
session of a portion of family land in lieu of inheri
tance.
"If our English law at any time knew an enduring patria
potestas which could be likened to the Roman, that time
had passed away long before the days of Bracton,
Bracton, it is true. has copied about this matter some
sentences from the Institutes which he ought not to have
copied; but he soon forgets them, and we easily see that
they belong to an alien system. Our law knows no such
thing as 'emancipation,' it merely knows an attainment of
full age .... In old times a forisfamiliated son, that is, one
whom his father had enfeoffed, was excluded from the
inheritance. This is already antiquated, yet Bracton can
find nothing else to serve instead of an emancipatio." 2
Frederick Pollock & Frederic W. Maitland, The History of
English Law Before the Time ofEdward /438, 438 n.3 (2d
ed.1899),
forisfamiliation. (17c) Scots law. The liberation ofa child
from the father's tutelage, as when a child under the
age of majority left home, was given seisin in a part of
the father's land, or accepted something as a settled
inheritance. Cf. EMANCIPATION (2).
forisjudicatio. See FORJUDGER.
forisjudicatus. See FORJUDGER.
forisjurare (for-is-jJ-rair-ee), vb. [Law Latin] Hist. To
forswear; to renounce under oath. Also termed
forjurer.
forisjurare parentilam (for-is-jJ-rair-ee pJ-ren-td-lJm),
vb. [Law Latin] Hist, To renounce parental authority .
One who did so lost all rights of heirship.
forisjurare provinciam (for-is-jJ-rair-ee prd-vin
shee-Jm), vb. [Law Latin] Hist. To renounce under oath
allegiance to one's country.
forjudge, vb. (15c) 1. Hist. To expel a person, esp. an
officer or attorney, from court for some offense or
misconduct. 2. To deprive (a person) of a thing by a
judgment; to condemn (a person) to lose a thing.
Also spelled (loosely) forejudge.
forjudger (for-;;);-Jr), n. (ISc) Hist. 1. A judgment that
deprives a person of a thing. 2. A judgment ofexpulformality
sion or banishment. -Also termed forisjudicatio;
forisjudicatus.
forjurer. See FORISJURARE.
forjurer royalme (for-zh<:>-ray roy-ohm), vb. [Law French]
Hist. To renounce the kingdom under oath; to abjure
the realm.
form, n. (Be) 1. lhe outer shape or structure of some
thing, as distinguished from its substance or matter
<courts are generally less concerned about defects
in form than defects in substance>. 2. Established
behavior or procedure, usu. according to custom or
rule <the prosecutor followed the established form
in her closing argument>. 3. A model; a sample; an
example <attorneys often draft pleadings by using a
form instead of starting from scratch>. 4. The custom
ary method of drafting legal documents, usu. with
fixed words, phrases, and sentences <Jones prepared
the contract merely by following the state bar's form>.
5. A legal document with blank spaces to be filled in
by the drafter <the divorce lawyer used printed forms
that a secretary could fill in>.
Form 8-K. See 8-K.
Form IO-K. See lO-K.
Form IO-Q. See 1O-Q.
forma (for-m;t).lLatin "form"] Hist. The prescribed form
ofjudicial proceedings.
forma et figura judicii (for-mJ et fig-pr-J joo-dish-ee
I). [Latin] Hist. The form and shape of judgment. A
form prescribed by statute.
formal, adj. (14c) 1. Pertaining to or follOWing estab
lished procedural rules, customs, and practices. 2. Cer
emonial. formality, n.
formal abandonment. See express abandonment under
ABANDO~MENT (10).
formal acknowledgment. See ACKNOWLEDGMENT.
formal agreement. See AGREEMENT.
formal contract. See CONTR ACT.
formal drawing. See DRAWING.
formal fallacy. See FALLACY.
formal impeachment. 1. See IMPEACHMENT (1). 2. See
IMPEACHMENT (2).
formality. (l6c) 1. A small point ofpractice that, though
seemingly unimportant, must usu. be observed to
achieve a particular legal result. 2. Hist. (pl.) Robes
worn by magistrates on solemn occasions. 3. Copy
right. (usu. pl.) A procedural requirement formerly
required before receiving U.S. copyright protection.
 Formalities included (1) a copyright notice appear
ing on the work. (2) actual publication, (3) registration
with the Copyright Office, and (4) deposit ofthe work
with the Library of Congress. The formality reqUire
ments eroded during the 20th century. Today, none are
reqUired, although registration remains a prerequisite
for an infringement suit by U.S. authors in the United

formal law 724
States. [Cases: Copyrights and Intellectual Property
~50.16.]
formal law. (17c) Procedural law.
"Procedure is by many German writers inappropriately
called 'formal law.'" Thomas E. Holland, The Elements of
Jurisprudence 358 n.2 (13th ed. 1924).
formal party. See nominal party under PARTY (2).
formal rejection. See REJECTION.
formal rulemaking. See RULEMAKING.
forma pauperis. See IN FORMA PAUPERIS.
formata (for-may-tG). [Law Latin] Eccles. law. Canoni
cal letters.
formata brevia. See BREVIA FORMATA.
forma verborum (for-mG vGr-bor-Gm). [Latin] Hist. The
form of the words.
formbook. A book that contains sample legal docu
ments, esp. transaction-related documents such as
contracts, deeds, leases, wills, trusts, and securities
disclosure documents.
formed design. See DESIGN.
formedon (for-mG-don). [fro Latin forma doni "form of
the gift") (lSc) Hist. A writ ofright for claiming entailed
property held by another. A writ of formedon was
the highest remedy available to a tenant in tail. Also
termed writ offormedon. [Cases: Real Actions
"Called formedon, because the writ comprehended the
form of the gift. It was of three kinds, in the descender, in
the re.mainde.r, and in the reverter." 1 Alexander M. Burrill,
A Law Dictionary and Glossary 650 (2d ed. 1867).
formedon in the descender. A writ offormedon brought
by the issue in tail to recover possession of the land.
formedon in the remainder. A writ of formedon
brought by a remainderman under a grant or gift in
tail to recover possession of the land.
formedon in the reverter. A writ of formedon brought
by a reversioner or donor of the grant or gift in tail to
recover possession of the land.
former acquittal. See autrefois acquit under AUTRE
FOIS.
former adjudication. (ISc) A judgment in a prior action
that resulted in a final determination of the rights of
the parties or essential fact questions and serves to bar
relitigation ofthe issues relevant to that determination.
 Collateral estoppel and res judicata are the two types
offormer adjudication. See COLLATERAL ESTOPPEL; RES
JUDICATA. [Cases: Judgment ~540, 634.]
former jeopardy. (1870) The fact of having previously
been prosecuted for the same offense . A defendant
enters a plea of former jeopardy to inform the court
that a second prosecution is improper. Cf. DOUBLE
JEOPARDY. [Cases: Double Jeopardy C=-'132.1.1
former punishment. Military law. The rule that nonju
dicial punishment for a minor offense may bar trial by
court-martial for the same offense. form of action. The common-law legal and proce
dural device associated with a particular writ, each
ofwhich had specific forms of process, pleading, trial,
and judgment.  The 11 common-law forms of action
were trespass, trespass on the case, trover, ejectment,
detinue, replevin, debt, covenant, account, special
assumpsit, and general assumpsit. [Cases: Action
29; Federal Civil Procedure (:::::::0 71.]
"Forms of action are usually regarded as different methods
of procedure adapted to cases of different kinds, but in
fact


71.]
"Forms of action are usually regarded as different methods
of procedure adapted to cases of different kinds, but in
fact the choice between forms of action is primarily a
chOice between different theories of substantive liability,
and the scope of the actions measures the existence and
extent of liability at common law .... The development and
extension of the different forms of action is the history of
the recognition of rights and liability in the law of torts,
contracts, and property, and the essentials of rights of
action." Benjamin j. Shipman, Handbook of Common-Law
Pleading  27, 30 at 54, 60 (Henry Winthrop Ballantine
ed., 3d ed. 1923).
Form S-1. See $-1.
formula. [Latin "set form of words"] (17c) 1. Roman
law. A written document, prepared by a praetor and
forwarded to a judex, identifying the issue to be tried
and the judgment to be given by the judex. _ It was
based on model pleas formulated by the praetor in his
edict and adapted by him or other magistrates in civil
suits for the benefit of the judex who had to try the
issue. 'These pleas were adapted to the circumstances
of the case. The usual parts of a formula were (1) the
demonstratio, in which the plaintiff stated the facts of
the claim; (2) the intentio, in which the plaintiff speci
fied the relief sought against the defendant; and (3) the
condemnatio, in which the judex condemned (usu. to
pay the plaintiff a sum) or acquitted the defendant. PI.
formulae (for-mYd-lee). -Also termed verba concepta
(var-bJ kGn-Sep-td).
"The Roman judges were not, as with us, the presiding
officers in the administration of law and justice. This was
the position of the magistrate, the praetor. When a suit
at law was commenced, the parties appeared before the
praetor, who made a preliminary examination, not to ascer
tain the merits of the case, but to find the precise points
in controversy. He heard the statements of the plaintiff
and the counter-statements of the defendant, and from
the two he constructed a formula (as it was called), a
brief technical expression ofthe disputed issues. He then
appointed a judex ... instructing him to investigate the
matter, and if he found the facts to be so and so, as recited
in the formula, then to condemn the accused party, but,
if he did not find them so, to acqUit him." James Hadley,
Introduction to Roman Law 59-60 (1881). [This quotation
describes only the period of formulary procedure, ca. 150
B.C.-A.D. 300. Ed.]
2. Common-law pleading. A set form of words (such
as those appearing in writs) used in judicial proceed
ings.
formula deal. An agreement between a movie distribu
tor and an independent or affiliated circuit to exhibit a
feature movie in all theaters at a specified percentage of
the national gross receipts realized by the theaters.
formulae (for-mYG-lee). [Latin "set forms of words"]
Roman law. Model pleas formulated by the praetor in
his edict and adapted by him or other magistrates in

725
civil suits for the benefit ofthe judex who had to try the
issue. These pleas were adapted to the circumstances
ofthe case. Also termed verba concepta (var-b;:l k;:ln
sep-t;:!).
formula instruction. See JURY INSTRUCTION.
formulary. (16c) 1. Rist. A collection of the forms of
proceedings (formulae) used in litigation, such as the
writ forms kept by the Chancery. See WRIT SYSTEM. 2.
A list ofdrugs that Medicare or a health-maintenance
organization will pay for.
formulary procedure. Rist. The common-law method
of pleading and practice, which required formulaic
compliance with the accepted forms of action even
if through elaborate fictions . In the 19th century,
this type of procedure was replaced both in the
United States and in England. See code pleading under
PLEADING (2).
fornication, n. (14c) 1. Voluntary sexual intercourse
between two unmarried persons . Fornication is still
a crime in some states, such as Virginia. 2. Rist. Vol
untary sexual intercourse with an unmarried woman.
 At common law, the status ofthe woman determined
whether the offense was adultery or fornication
adultery was sexual intercourse between a man, Single
or married, and a married woman not his wife;fornica
tion was sexual intercourse between a man, Single or
married, and a single woman. Cf. ADULTERY. [Cases:
Criminal Law C-~45.40; Lewdness ~1.] fornicate,
vb. -fornicator, n.
"Fornication was not a common-law crime but was made
punishable by statute in a few states as a misdemeanor."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law455 (3d
ed. 1982).
fornix (for-niks). [Latin] Rist. 1. A brotheL 2. Fornica
tion.
forprise (for-pnz). Rist. 1. An exception or reservation.
 The term was frequently used in leases and convey
ances.
"Forprise ... [aJn exception or reservation .... We still
use it in Conveyances and leases, wherein Excepted and
Forprised is an usual expression." Thomas Blount, Nama
Lexicon: A LawDictionary(l670).
2. An exaction. -forprise, vb.
for-profit corporation. See CORPORATION.
forschel (for-shClI). Rist. A strip of land next to a
highway. -Also termedforschet.
forspeca (for-spee-k;:l). 1. PROLOCUTOR (2). 2. PARANYM
PHUS.
forstall. See FORESTALL.
forswearing (for-swair-ing), n. (14c) 1. The act of repu
diating or renouncing under oath. 2. PERJURY.
forswear, vb.
fortax (for-taks), vb. Rist. To tax wrongly or extortion
ately.
forthcoming, n. (l7c) Scots law. 1. An action through
which arrestment is made available to an arrester. 2. An
order that perfects an arrestment by directing a debtor forum contentiosum
either to pay the money owed or to deliver the arrested
goods to the creditor.
forthcoming bond. See BOND (2).
forthwith, adv. (14c) 1. Immediately; without delay. 2.
Directly; promptly; within a reasonable time under the
circumstances.
fortia (for-sh;. [Law Latin] Hist. 1. Force. Fortia refers
to force used by an accessory to allow the principal
to commit the crime. 2. Power, dominion, or jurisdic
tion.
fortia frisca (for-sh;> fris-k;:!). [Law Latin] Rist. See FRESH
FORCE.
fortior (for-shee-;:!r or -or), adj. [Latin "stronger"] Rist.
(Of evidence) involving a presumption that, because of
the strength ofa party's eVidence, shifts the burden of
proof to the opposing party.
fortuitous (for-t[y]00-;>-t;:l5), adj. (17c) Occurring by
chance. A fortuitous event may be highly unfortu
nate. Literally, the term is neutral, despite its common
misuse as a synonym for fortunate .
fortuitous collision. See COLLISION.
fortuitous event. (1856) 1. A happening that, because it
occurs only by chance or accident, the parties could not
reasonably have foreseen. 2. An event that, so far as con
tracting parties are aware, depends on chance. 3. Loui
siana law. An event that could not have been reasonably
foreseen at the time a contract was made. La. Civ.
Code art. 1875. -Also termed cas fortuit. See FORCE
MAJEURE; UNAVOIDABLE-ACCIDENT DOCTRINE.
Fortune 500. An annual compilation of the 500 largest
U.S. corporations as ranked by gross revenues. _
It is published in, and gets its name from, Fortune
magazine.
forty, n. Archaic. Forty acres ofland in the form of a
square <the south forty>. To determine a forty, a
section ofland (640 acres) was quartered, and one of
those quarters was again quartered.
forty-days court. See COURT OF ATTACHMENTS.
forum, n. (I5c) 1. A public place, esp. one devoted to
assembly or debate. See PUBLIC FORUM; NONPUBLIC
FORUM. 2. A court or other judicial body; a place of
jurisdiction. PI. forums, fora.
forum actus (for-;:!m ak-t;:ls). [Latin "the forum of the
act"] Rist. The place where an act was done.
forum competens (for-dm kom-p;:l-tenz). [Latin] Rist.
A competent court; a court that has jurisdiction over
a case.
forum conscientiae (for-dm kon-shee-en-shee-ee). [Latin
"the forum ofconscience"] Rist. The tribunal or court
ofconscience. This court was usu. a court of equity.
See COURT OF CONSCIENCE.
forum contentiosum (for-dm bn-ten-shee-oh-sdm).
[Latin "the forum of contention"] Rist. A court of
justice; a place for litigation.

726 forum contractus
forum contractus (for-am kan-trak-tas). [Latin "the
forum of the contract"] Hist. 1. The place where a
contract was made, and thus the place ofjurisdiction.
2. The court ofthe place where a contract was made.
forum conveniens (for-am bn-vee-nee-enz). [Latin "a
suitable forum"] The court in which an action is most
appropriately brought, considering the best interests
and convenience of the parties and witnesses. Cf.
FORUM NON CONVENIENS.
forum domesticum (for-am da-mes-ti-kam). [Latin]
Hist. A domestic court. _ This type of court decides
matters (such as professional discipline) arising within
the organization that created it.
forum domicilii (for-am dom-;}-sil-ee-I). [Latin) Hist.
The forum or court of the domicile, usu. ofthe defen
dant.
forum ecclesiasticum (for-;}m e-klee-z[h]ee-as-ti-k;}m).
[Latin] Hist. An ecclesiastical court. Also termed
judicium ecclesiasticum.
forum externum (for-am ek-star-n;}m), n. [Latin
"external tribunal"] Eccles. law. A court dealing with
legal cases pertaining to or affecting the corporate life
ofthe church.
forum inconveniens. See FORUM NON CONVENIENS.
forum internum (for-am in-tar-n;}m), n. [Latin "internal
tribuna!"] Eccles. law. A court ofconscience; a court for
matters of conscience or the confessional.
forum ligeantiae rei (for-am lij-ee-an-shee-ee ree-I).
[Latin] Hist. The forum of the defendant's allegiance;
the court or jurisdiction ofthe country to which the
defendant owes allegiance.
forum non competens (for-am non kom-pa-tenz). [Latin]
Hist. An inappropriate court; a court that lacks juris
diction over a case.
forum non conveniens (for-am non k;}n-vee-nee-enz).
[Latin "an unsuitable court"] Civil procedure. The
doctrine that an appropriate forum even though
competent under the law -may divest itself ofjuris
diction if, for the convenience of the litigants and the
witnesses, it appears that the action should proceed
in another forum in which the action might also have
been properly brought in the first place. Also termed
forum inconveniens. [Cases: Courts Federal
Courts
"Forum non conveniens allows a court to exercise its discre
tion to aVOid the oppression or vexation that might result
from automatically honoring plaintiff's forum choice.
However, dismissal on the basis of forum non conveniens
also requires that there be an alternative forum in which
the suit can be prosecuted. It must appear that jurisdiction
over all parties can be secured and that complete relief
can be obtained in the supposedly more convenient court.
Further, in at least some states, it has been held that the
doctrine cannot be successfully invoked when the plaintiff
is resident of the forum state since. effectively, one of the
functions of the state courts is to provide a tribunal in
which their residents can obtain an adjudication of their
grievances. But in most instances a balancing of the can
venience to all the parties will be considered and no one
factor will preclude a forum non coveniens dismissal. as long as another forum is available." Jack H. Friedenthal et
aI., Civil Procedure  2.17, at 87-88 (2d ed. 1993).
forum originis (for-<lm <I-rij-a-nis). [Latin] Hist. The
forum or place ofa person's birth, considered as a place
ofjurisdiction.
forum regium (for-am ree-jee-am). [Latin] Hist. The
king's court.
forum rei (for-<lm ree-I). [Latin] Hist. 1. The forum ofthe
defendant, I.e., the place where the defendant is domi
ciled or resides. 2. FORUM REI SITAE.
forum rei gestae (for-am ree-I jes-tee). [Latin] Hist. lhe
forum or court of a res gesta (thing done); the place
where an act was done, considered as a place of juris
diction.
forum rei sitae (for-am ree-I sl-tee). [Latin] Hist. The
court where the thing or subject-matter in controversy
is situated, considered as a place of juris


[Latin] Hist. The
court where the thing or subject-matter in controversy
is situated, considered as a place of jurisdiction.
Often shortened to forum rei.
forum seculare (for-am sek-ya-Iair-ee). [Latin] Hist. A
secular court. -Also spelled forum saeculare.
forum-selection clause. (1970) A contractual provision
in which the parties establish the place (such as the
country, state, or type ofcourt) for specified litigation
between them. -Also termed choice-of-exclusive
forum clause. Cf. CHOICE-OF-LAW CLAUSE. [Cases: Con
tracts 127(4),206.]
forum-shopping. (1954) The practice of choosing the
most favorable jurisdiction or court in which a claim
might be heard. - A plaintiff might engage in forum
shopping, for example, by filing suit in a jurisdiction
with a reputation for high jury awards or by filing
several similar suits and keeping the one with the pre
ferred judge. Cf. JUDGE-SHOPPING.
forum state. Conflict oflaws. The state in which a suit
is filed.
for use. For the benefit or advantage of another. See
USE.
forward agreement. See forward contract under
CONTRACT.
forward and backward at sea. Marine insurance. From
port to port in the course of a voyage, and not merely
from one terminus to the other and back.
forward confusion. See CONFUSION.
forward contract. See CONTRACT.
forward cover. The purchase of a cash commodity to
meet the obligation ofa forward contract. See forward
contract under CONTRACT.
forwarding agent. See AGENT (2).
forward market. Seefutures market under MARKET.
forward-rate agreement. A contract that specifies what
the interest rate on an obligation will be on some future
date. Abbr. FRA.
forward triangular merger. See triangular merger under
MERGER.

727
fossage (fos-ij), n. Hist. A duty paid to maintain a moat
around a fortification.
foster, adj. (bef. 12c) 1. (Of a relationship) involving
parental care given by someone not related by blood
or legal adoption <foster home>. 2. (Of a person)
giving or receiving parental care to or from someone
not related by blood or legal adoption <foster parent>
<foster child>.
foster, vb. 02c) To give care to (something or someone);
esp., to give parental care to (a child who is not one's
natural or legally adopted child).
fosterage, n. (l7c) 1. The act of caring for another's child.
2. The entrusting ofa child to another. 3. The condition
of being in the care of another. 4. The act of encourag
ing or promoting.
foster care. (1876) 1. A federally funded child-welfare
program providing substitute care for abused and
neglected children who have been removed by court
order from their parents' or guardians' care or for
children voluntarily placed by their parents in the tem
porary care of the state because of a family crisis. 42
USCA  670-679a. The state welfare agency selects,
trains, supervises, and pays those who serve as foster
parents. Cf. ADOPTION (1). [Cases: InfantsC=226.]
long-term foster care. The placing of a child in foster
care for extended periods, perhaps even for the child's
entire minority, in lieu offamily reunification, termi
nation and adoption, or guardianship . Although
most courts do not generally find this arrangement
to be in a child's best interests, sometimes it is the
only possibility, as when the child, because of age or
disability, is unlikely to be adopted or when, although
the parent cannot be permanently reunited with the
child, limited contact with the parent would serve the
child's best interests. Under the Adoption and Sate
Families Act, long-term foster care is the permanent
placement oflast resort. [Cases: Infants C=226.]
2. The area of social services concerned with meeting
the needs of children who participate in these types of
programs. [Cases: Infants C=17.]
foster-care drift. The phenomenon that occurs when
children placed in foster care remain in that system, in
legal limbo, for too many years oftheir developmental
life before they are reunited with their parents or freed
for adoption and placed in permanent homes . The
Adoption and Safe Families Act was passed in 1997
to help rectify this problem. See ADOPTION AND SAFE
FAMILIES ACT. [Cases: Infants C=155.]
foster-care placement. (1968) The (usu. temporary) act
of placing a child in a home with a person or persons
who provide parental care for the child. Cf. OUT-OF
HOME PLACEMENT. [Cases: Infants
foster-care review board. A panel of screened and
trained volunteers who routinely review cases of
children placed in foster care, examine efforts at per
manency planning, and report to the court. [Cases:
Infants (',.:..-::> 17, 226.] foundling hospital
foster child. See CHILD.
foster father. See foster parent under PARENT.
foster home. (l9c) A household in which foster care is
provided to a child who has been removed from his or
her birth or adoptive parents, usu. for abuse or neglect.
 A foster home is usu. an individual home, but it can
also be a group home. [Cases: Infants C=226.]
fosterlean (fos-tdr-Ieen). Hist. Remuneration for rearing
a foster child.
fosterling. (bef. 12c) Seefoster child under CHILD.
foster mother. See foster parent under PARENT.
foster parent. See PARENT.
foul bill oflading. See BILL OF LADING.
foundation. (14c) 1. The basis on which something is
supported; esp., evidence or testimony that establishes
the admissibility ofother evidence daying the founda
tion>. [Cases: Evidence C=-:::' 117.] 2. A fund established
for charitable, educational, religious, research, or other
benevolent purposes; an endowment <the Foundation
for the Arts>.
privatefoundation. A charitable organization that is
funded by a Single source, derives its income from
investments rather than contributions, and makes
grants to other charitable organizations . A private
foundation is generally exempt from taxation. IRC
(26 USCA)  509. Also termed private nonoperat
ingfoundation.
private nonoperatingfoundation. See privatefoun
dation.
private operating foundation. A private foundation
that conducts its own charitable program rather than
making grants to other charitable organizations .
Most ofthe foundation's earnings and assets must be
used to further its particular charitable purpose.
foundational evidence. See EVIDENCE.
foundational fact. See predicate fact under FACT.
founded on, adj. (16c) Having as a basis <the suit was
founded on the defendant's breach ofcontract>.
founder, n. (l4c) 1. A person who founds or establishes;
esp., a person who supplies funds for an institution's
future needs. 2. SETTLOR (1).
founder's share. (usu. pl.) In England, a share issued to
the founder ofa company as a part ofthe consideration
for the business . Now rare, a founder's share partici
pates in profits only if the dividend on ordinary shares
has been paid to a specified amount.
founding father. (1914) A prominent figure in the
founding of an institution or esp. a country; specif.,
one who played a leading role in founding the United
States of America, esp. in the Revolutionary War and
the making ofthe U.S. Constitution.
foundling. (14c) A deserted or abandoned infant.
foundling hospital. A charitable institution, found esp.
in Europe, the purpose of which is to care for aban
doned children.

four, rule of 728
four, rule of. See RULE OF FOUR.
four corners. (1874) The face ofa written instrument.
The phrase derives from the ancient custom ofputting
all instruments (such as contracts) on a single sheet of
parchment, as opposed to multiple pages, no matter
how long the sheet might be. At common law, this
custom prevented people from fraudulently inserting
materials into a fully signed agreement. '{he require
ment was that every contract could have only four
corners. [Cases: Contracts (;:::~ 143(1), 147(2); Evidence
(=>397,448.]
four-corners rule. (1948) 1. The principle that a doc
ument's meaning is to be gathered from the entire
document and not from its isolated parts. [Cases: Con
tracts (=143.5; Evidence <8::::>448.] 2. 'fhe principle that
no extraneous evidence should be used to interpret an
unambiguous document. Cf. PAROL-EVIDENCE RULE.
[Cases: Evidence (';:::"448.]
IV-D agency. See CHILD-SUPPORT-ENFORCEMENT
AGENCY.
four-folding. Hist. The quadrupling of a property's
taxable value for purposes of penalizing a person
who falsely underreported the property's true taxable
value.
"In the State ofConnecticut a number ofmen are chosen
annually by each town, to receive from each inhabitant
a list ofthe taxable property in his possession. This list
is required by law; and is made up by the proprietor.
The men, who receive it, are from their employment
called Listers. If the proprietor gives in a false list, he
is punished by having the falsified article increased on
the list four-fold .... We therefore style this punishment
fourJolding." 4 Timothy Dwight, Travels in New-England
and New-York 284 (1822).
401(k) plan. See EMPLOYEE BENEFIT PLAN.
403(b) plan. See EMPLOYEE BENEFIT PLAN.
419 fraud. See advance-fee fraud under FRAl:D.
457 plan. See EMPLOYEE BENEFIT PLAN.
Fourteenth Amendment. The constitutional amend
ment, ratified in 1868, whose primaryprovisions effec
tively apply the Bill ofRights to the states by prohibiting
states from denying due process and equal protection
and from abridging the privileges and immunities of
U.S. citizenship. The amendment also gave Congress
the power to enforce these provisions, leading to legisla
tion such as the civil-rights acts. [Cases: Constitutional
Law C=>2910-2932, 3000-3833, 3840-4841.]
Fourth Amendment. The constitutional amendment,
ratified with the Bill of Rights in 1791, prohibiting
unreasonable searches and seizures and the issuance of
warrants without probable cause. See PROBABLE CAUSE.
[Cases: Searches and Seizures
fourth estate. (1821) The journalistic profession; the
news media. The term comes from the British Par
liament's reporters' gallery, whose influence was said to
equal Parliament's three traditional estates: the Lords
Spiritual, the Lords Temporal, and the Commons. (In France, the three estates were the clergy, the nobility,
and the commons.)
fourth-sentence remand. See REMAND.
four unities. (1852) The four qualities needed to create
a joint tenancy at common law -interest, possession,
time, and title. See UNITY (2). [Cases: Joint Tenancy
fovere consimilem causam (toh-veer-ee k<)n-sim-J-idm
kaw-zJm). [Law Latin] Hist. To favor a similar case.
 A judge who is disqualified for having a personal
interest in a case may also be disqualified in a later case
if the ruling in the former case could affect the ruling
in the latter.
Fox's Libel Act. Hist. A 1792 statute that gave the jury
in a libel prosecution the right ofrendering a guilty or
not-guilty verdict on the whole matter in issue. The
jury was no longer bound to find the defendant guilty
ifit found that the defendant had in fact published the
allegedly libelous statement. The Act empowered juries
to decide whether the defendant's statement conformed
to the legal standard for libel.
foy (foy or fwah). [Law French] Faith; allegiance.
FPA. abbr. Free from particular average.
"F.P.A. means Free from Particular Average; that is to say,
the insured can recover only where the loss is total or is
due to a general average sacrifice. The claims under the
Sue and Labour clause are not affected by this stipulation."
2 EW. Chance, Principles ofMercantile Law 128 (PW. French
ed., 10th ed. 1951).
FPC clause. See AREA-RATE CLAUSE.
FPLS. abbr. FEDERAL PARENT LOCATOR SERVICE.
Fr. abbr. 1. French. 2. FRAGMENTA.
FRA. abbr. 1. FEDERAL RAILROAD ADMINISTRATION. 2.
FORWARD-RATE AGREEMENT.
fractional, ad). (1815) (Of a tract of land) covering an
area less than the acreage reflected on a survey; per
taining to any irregular division of land containing
either more or less than the conventional amount of
acreage.
fractional currency. See CGRRENCY.
fractional interest. See undivided interest under
INTEREST (2).
fragmenta (frag-men-tJ), n. pl. [Latin "fragments"]
Roman law. Passages drawn from the writings of
Roman jurists and compiled in Justinian's Digest.
Abbr. Fr.; Ff.
fragmented literal similarity. See SIMILARITY.
frame, vb. (14c) 1. To plan, shape, or construct; esp., to
draft or otherwise draw up (a document). 2. To incrimi
nate (an innocent person) with false evidence, esp. fab
ricated.


up (a document). 2. To incrimi
nate (an innocent person) with false evidence, esp. fab
ricated. -framable, frameable, adj.
frame-up, n. A plot to make an innocent person appear
guilty.
framing. On the Internet, a website's display ofanother
entity's Web page inside a bordered area, often without
displaying the page's URL or domain name. Framing

729
may constitute a derivative work and may infringe on
a copyright or trademark ifdone without giving credit
to or obtaining permission from the other website's
owner. [Cases: Trademarks
francbordus. See FREE-BORD.
franchise (fran-chlz), n. (14c) 1. 'The right to vote.
Also termed elective franchise. [Cases: Elections
1.] 2. The government-conferred right to engage in a
specific business or to exercise corporate powers.
Also termed corporate franchise; general franchise.
[Cases: Franchises (,..~1.]
'When referring to government grants (other than patents,
trademarks, and copyrights), the term 'franchise' is often
used to connote more substantial rights, whereas the term
'license' connotes lesser rights. Thus, the rights necessary
for public utility companies to carryon their operations
are generally designated as franchise rights. On the other
hand, the rights to construct or to repair, the rights to
practice certain profeSSions, and the rights to use or to
operate automobiles are generally referred to as licenses."
1 Eckstrom's Licensing in Foreign and Domestic Operations
 1.02[31. at HO to 1-11 (David M. Epstein ed" 1998).
"In a violent conceptual collision, some franchisors
maintain that a franchise is merely an embellished license
and therefore revocable at will. Franchisees contend that a
franchise is a license coupled with an interest, not subject
to unlimited control by franchisors. As a result of this
disagreement, legislative draftsmen have had difficulty
defining 'franchise.'" 1 Harold Brown, Franchising Realities
and Remedies  1.03[1], at H7 (1998).
franchise appurtenant to land. Rare. A franchise that
is used in connection with real property and thus is
sometimes characterized as real property.
general franchise. A corporation's charter.
special franchise. A right conferred by the government,
esp. one given to a public utility, to use property for
a public use but for private profit. [Cases: Franchises
C=:> 1.]
3. The sole right granted by the owner of a trademark
or tradename to engage in business or to sell a good or
service in a certain area. 4. 'The business or territory
controlled by the person or entity that has been granted
such a right.
commercial franchise. A franchise using local capital
and management by contracting with third parties
to operate a facility identified as offering a particular
brand ofgoods or services.
sports franchise. 1. A franchise granted by a profes
sional sports league to field a team in that league. 2.
The team itself.
trialfranchise. A franchise having an initial term of
limited duration, such as one year.
franchise, vb. (14c) To grant (to another) the sole right of
engaging in a certain business or in a business using a
particular trademark in a certain area.
franchise agreement. (1905) The contract between a
franchisor and franchisee establishing the terms and
conditions of the franchise relationship. -State and
federal laws regulate franchise agreements. [Cases: frank
Antitrust and Trade Regulation C=:>262; Contracts C-~
202(1).]
franchise appurtenant to land. See FRANCHISE (2).
franchise clause. Insurance. A provision in a casualty
insurance policy stating that the insurer will pay a
claim only ifit is more than a stated amount, and that
the insured is responsible for all damages if the claim
is under that amount. _ Unlike a deductible, which the
insured always has to pay, with a franchise clause, once
the claim exceeds the stated amount, the insurer pays
the entire claim.
franchise court. Hist. A privately held court that (usu.)
exists by virtue of a royal grant, with jurisdiction
over a variety of matters, depending on the grant and
whatever powers the court acquires over time. -In
1274, Edward I abolished many of these feudal courts
by forcing the nobility to demonstrate by what author
ity (quo warranto) they held court. Ifa lord could not
produce a charter reflecting the franchise, the court
was abolished. -Also termed courts ofthe franchise.
"Dispensing justice was profitable. Much revenue could
come from the fees and dues, fines and amercements.
This explains the growth of the second class of feudal
courts, the Franchise Courts. They too were private courts
held by feudal lords. Sometimes their claim to jurisdiction
was based on old pre-Conquest grants .,. But many of
them were, in reality, only wrongful usurpations of private
jurisdiction by powerful lords. These were put down after
the famous Quo Warranto enquiry in the reign of Edward
I." W,J.V. Windeyer, Lectures on Legal History 56-57 (2d ed.
1949).
franchisee. One who is granted a franchise.
franchise fee. See FEE (1).
franchiser. See FRANCHISOR.
franchise tax. See TAX.
franchisor. (19c) One who grants a franchise. Also
spelledfranchiser.
francigena (fran-sd-jee-nd). [Law Latinfrancus "french"
+ Latin genitus "born"] Hist. 1. A person born in
France. 2. Any alien in England; a foreigner. See
FRENCHMAN.
francus (frangk-ds). [fro Frenchfranc "free"] Hist. A
freeman.
francus bancus. See FREE BENCH.
francus homo (frangk-Js hoh-moh). Hist. A free man.
francus tenens. See FRANK-TENANT.
frank, adj. [Law French] Hist. Free. Also spelled
fraunc; fraunche; fraunke.
frank, n. 1. (cap.) A member of the Germanic people who
conquered Gaul in the 6th century. -France received its
name from the Franks. 2. A signature, stamp, or mark
affixed to mail as a substitute for postage. [Cases: Postal
Service C=:>15.] 3. The privilege ofsending certain mail
free of charge, accorded to certain government officials,
such as members of Congress and federal courts.
Also termed (in sense 3) franking privilege, [Cases:
United States C=:> 12.] -frank, vb.

730 frankalmoin
frankalmoin (frangk-al-moyn). [Law French "free
alms"] (I6c) Rist. A spiritual tenure by which a reli
gious institution held land, usu. with a general duty
to pray for the donor . This tenure differed from the
tenure by divine service, which required specific church
services, such as a certain number of masses or alms
distributions. -Also spelled frankalmoign; franka
lmoigne. -Also termed almoign; almoin;free alms;
libera eleemosyna. See spiritual tenure under TENURE.
"Frankalmoin, or free alms, was a survival of Anglo
Saxon law, and implied simply an indefinite promise to
pray for the soul of the donor; but since it was deemed a
tenure by which the land was held, the general doctrine
of 'services' was applied. On the other hand, in the case
of Divine Service, which was much less frequently met
with, the tenant promised a definite number of prayers, a
duty which might be enforced in the King's courts." A.K.R.
Kiralfy, Potter's Outlines of English Legal History 210 (5th
ed. 1958).
frank bank. See FREE BENCH.
frank-chase. Rist. Free chase; a person's liberty or right
to hunt or log within a certain area . Others holding
land within the frank-chase area were forbidden from
hunting or logging in it. See CHASE.
frank-fee. (ISc) Rist. Freehold land -land that one
held to oneself and one's heirs -exempted from all
services except homage; land held other than by ancient
demesne or copyhold.
frank ferm. Rist. An estate in land held in socage, the
nature of the fee having been changed from knight's
service by enfeoffment for certain yearly services.
Also spelled frank-ferme.
franking privilege. See FRANK (3).
frank-law. Rist. The rights and privileges of a citizen
or freeman; specif., the condition of being legally
capable of giving an oath (esp. as a juror or witness).
See LEGALIS HOMO.
"Frank law ... may be understood from Bracton's descrip
tion of the consequences of lOSing it, among which the
principal one was, that the parties incurred perpetual
infamy, so that they were never afterwards to be admitted
to oath, because they were not deemed to be othesworth,
(that is, not worthy of making oath,) nor allowed to give
testimony." 1 Alexander M. Burrill, A Law Dictionary and
Clossary657-58 (2d ed. 1867).
franklin (frangk-lin). (14c) Rist. A freeman; a freeholder;
a gentleman. -Also spelled francling;frankleyn;fran
kleyne.
frankmarriage. (I4c) Rist. An entailed estate in which
the donor retains control of the land by refuSing to
accept feudal services from the donee (usu. the donor's
daughter) for three generations . If the donee's issue
fail in that time, the land returns to the donor. A donor
who accepted homage (and the corresponding services
arising from it) from the donee risked lOSing control of
the land to a collateral heir. After three generations - a
time considered sufficient to demonstrate that the line
was well established -the donee's heir could insist on
paying homage; doing so transformed the estate into
a fee simple. -Also termed liberum maritagium. See
MARITAGIUM. "Only when homage has been done are we to apply the
rule which excludes the lord from the inheritance. This
is at the bottom of one of the peculiarities of the 'estate
in frankmarriage.' When a father makes a provision for a
daughter, he intends that if the daughter has no issue or
if her issue fails -at all events if this failure occurs in the
course of a few generations -the land shall come back
to him or to his heir. Therefore no homage is done for the
estate in frankmarriage until the daughter's third heir has
entered, for were homage once done, there would be a
danger that the land would never come back to the father
or to his heir." 2 Frederick Pollock & Frederic W. Maitland,
The History ofEnglish Law Before the Time ofEdward /291
(2d ed. 1899).
frankpledge. (bef. 12c) Rist. A promise given to the
sovereign by a group of ten freeholders (a tithing)
ensuring the group's good conduct.  The frankpledge
was of Saxon origin, but continued after the Norman
Conquest. The members of the group were not liable
for an injury caused by an offending member, but they
did act as bail to ensure that the culprit would appear
in court. They were bound to produce a wrongdoer
for trial. -Also termed borrow; laughe. See VIEW OF
FRANKPLEDGE. Cf. DECENARY.
"Since there was no elaborate group of royal officials,
the policing of the country had to be arranged for in a
special way. The commonest way was to hold each house
hold responsible for the offenses of any member of it. A
further step was taken when, in the time of (nut, a group
of ten men was formed who were responsible for each
other, in the sense that everyone was security, borh, for
the good behavior of the others. This group was called
fri-borh, frankpledge, and remained for a long time one of
the chief police methods of England." Max Radin, Handbook
ofAnglo-American Legal History 33-34 (1936).
Franks hearing. (I979) A hearing to determine whether a
police officer's affidavit used to obtain a search warrant
that yields incriminating evidence was based on false
statements by the police officer. Franks v. Delaware, 438
U.S. 154, 98 S.Ct. 2674 (1978).
frank-tenant. Rist. A freeholder. -Also termed fra ncu 5
tenens. See FREEHOLD.
frank-tenement. Rist. A free tenement; a freehold . This
term described both the tenure and the estate.
FRAP (frap). abbr. FEDERAL RULES OF APPELLATE PRO
CEDURE.
frater (fray-t;Jr), n. [Latin] Roman law. A brother.
frater consanguineus (fray-t;Jr kon-sang-gwin-ee-;Js).
A brother or half-brother having the same father.
frater germanus (fray-t;Jr j;Jr-may-n;Js). A brother
having both parents in common.
frater nutricius (fray-t;Jr n[y]oo-trish-ee-;Js). A foster
brother who was suckled by the same wet nurse.
frater uterinus (fray-t;Jr yoo-t;J-rI-n;Js). A brother or
half-brother having the same mother.
fraternal, adj. (ISc) l. Ofor relating to the relationship of
brothers. 2. Ofor relating to a fraternity or a fraternal
benefit association.
fraternal benefit association. A voluntary organiza
tion or society created for its members' mutual aid and
benefit rather than for profit, and whose members have

a common and worthy cause,


created for its members' mutual aid and
benefit rather than for profit, and whose members have

a common and worthy cause, objective, or interest.
These associations usu. have a lodge system, a gov
erning body, rituals, and a benefits system for their
members. -Also termedfraternal benefit sOciety;fra
ternity; fraternal lodge; fraternal order. Cf. FRIENDLY
SOCIETY. [Cases: Beneficial Associations
fraternal insurance. See INSURANCE.
fraternal lodge. See FRATERNAL BENEFIT ASSOCIA
TION.
fraternal order. See FRATERNAL BENEFIT ASSOCIA
TION.
fraternal society. See benevolent association under ASSO
CIATION.
fraternity. See FRATERNAL BENEFIT ASSOCIATION.
frater nutricius. See FRATER.
frater uterinus. See FRATER.
fratres conjurati (fray-treez kon-jd-ray-tI). [Latin "sworn
brothers"] Hist. Sworn brothers or companions for the
defense oftheir sovereign or for other purposes.
fratriage (fra-tree-ij or fray-). Hist. l. A younger brother's
portion ofhis father's estate, received as an inheritance.
 Under feudal law, even though the land was from the
father's estate, the younger brother was bound to pay
homage to the older brother. 2. A portion ofan inheri
tance given to coheirs. Also termedfratriagium.
fratricide (fra-trd-SId or fray-). (15c) 1. The killing of
one's brother or sister. 2. One who has killed one's
brother or sister. Cf. SORORICIDE. fratricidal, adj.
fraud, n. (14c) 1. A knowing misrepresentation ofthe
truth or concealment of a material fact to induce
another to act to his or her detriment.  Fraud is usu. a
tort, but in some cases (esp. when the conduct is willful)
it may be a crime. -Also termed intentional fraud.
[Cases: Fraud (;:=> 1, 3, 16, 68.] 2. A misrepresentation
made recklessly without belief in its truth to induce
another person to act. [Cases: Fraud (;:=> 13(3).] 3. A
tort arising from a knowing misrepresentation, con
cealment ofmaterial fact, or reckless misrepresentation
made to induce another to act to his or her detriment.
[Cases: Fraud C=>13(2), 13(3), 16.] 4. Unconscionable
dealing; esp., in contract law, the unfair use of the
power arising out ofthe parties' relative positions and
resulting in an unconscionable bargain. [Cases: Con
tracts (;:=> 1.] -fraudulent, adj.
"[TJhe use of the term fraud has been wider and less
precise in the chancery than in the commonlaw courts.
This followed necessarily from the remedies which they
respectively administered. Common law gave damages
for a wrong, and was compelled to define with care the
wrong which furnished a cause of action. Equity refused
specific performance of a contract, or set aside a transac
tion, or gave compensation where one party had acted
unfairly by the other. Thus 'fraud' at common law is a false
statement ... : fraud In equity has often been used as
meaning unconscientious dealing -'although, I think,
unfortunately,' a great equity lawyer has said." William R.
Anson, Principles of the Law of Contract 263 (Arthur L
Corbin ed., 3d Am. ed. 1919). actual fraud. (17c) A concealment or false represen
tation through a statement or conduct that injures
another who relies on it in acting. -Also termed
fraud in fact; positive fraud; moral fraud. [Cases:
Fraud(;::::;c3.]
advance-fee fraud. A criminal fraud in which the
victim is persuaded by the perpetrator to pay "fees"
in anticipation ofreceiving a much larger benefit that
is ultimately never delivered . The perpetrator usu.
claims to have, or to represent someone with, a large
sum ofmoney that must be immediately transferred
out ofa foreign country for some compelling reason,
such as to avoid seizure by a government. The criminal
promises the victim a portion ofthe money in return
for the victim's agreement to open a bank account in
the victim's name. The victim then must pay "up front
fees" to the designated "bank" and others. Although
the Internet has become a favorite tool for this fraud, it
has been around for years, beginning with handwrit
ten or typed letters and later faxes. Because advance
fee fraud is believed to have Originated in Nigeria, it is
also termed 419fraud after the section ofthe Nigerian
penal code designed to punish those who defraud by
this method. [Cases: Fraud C:'68.]
affiliate click fraud. Click fraud committed by a
third party who agrees to host the ad in exchange
for payment based on the number ofclicks. See click
fraud.
affinity fraud. A fraud in which the perpetrator tailors
the fraud to target members of a particular group
united by common traits or interests that produce
inherent trust.  The perpetrator often is or pretends
to be a member ofthe group. Investment scams such
as Ponzi or pyramid schemes are common forms of
affinity fraud. When a religiOUS group is targeted, it
is usu. called religious-affinity fraud.
bankfraud. The criminal offense ofknowingly execut
ing, or attempting to execute, a scheme or artifice to
defraud a financial institution, or to obtain property
owned by or under the control of a financial institu
tion, by means of false or fraudulent pretenses, rep
resentations, or promises. 18 USCA  1344. [Cases:
Banks and Banking C::>509.10, 509.25.]
bankruptcy fraud. (1815) A fraudulent act connected to
a bankruptcy case; esp., any ofseveral proscribed acts
performed knowingly and fraudulently in a bank
ruptcy case, such as concealing assets or destroying,
withholding, or falSifying documents in an effort to
defeat bankruptcy-code provisions. See 18 USCA
152. Also termed criminal bankruptcy; bankruptcy
crime. [Cases: Bankruptcy (;::::;c.'3861.]
civilfraud. (18c) 1. FRAUD (J). 2. Tax. An intentional
but not willful evasion of taxes. The distinction
between an intentional (I.e., civil) and willful (I.e.,
criminal) fraud is not always clear, but civil fraud
carries only a monetary, noncriminal penalty. Cf.
criminal fraud; TAX EVASION. [Cases: Internal Revenue
(':::>5218; Taxation

click fraud. A scheme in which a person or robot
repeatedly clicks on a merchant's pay-per-click adver
tisement on a website for purposes other than viewing
the website or making a purchase. [Cases: Telecom
munications 0=> 1341.]
collateralfraud. See extrinsicfraud (1).
common-law fraud. See promissory fraud.
competitor click fraud. Click fraud committed by a
business's competitor in order to increase the amount
of money the advertising merchant must pay to the
site hosting the ad. See click fraud.
constructive fraud. (18c) 1. Unintentional deception
or misrepresentation that causes injury to another.
Also termed legal fraud; fraud in contemplation of
law; eqUitable fraud;fraud in equity. 2. See fraud in
law. [Cases: Fraud 0=>5.]
"In equity law the term fraud has a wider sense, and
includes all acts. omissions, or concealments by which
one person obtains an advantage against conscience over
another, or which equity or public policy forbids as being
to another's prejudice; as acts in violation of trust and
confidence. This is often called constructive, legal, or equi
table fraud, or fraud in eqUity." Encyclopedia ofCriminology
175 (Vernon C. Branham & Samuel B. Kutash eds., 1949),
S.v. "Fraud."
criminal fraud. (18c) Fraud that has been made illegal
by statute and that subjects the offender to criminal
penalties such as fines and imprisonment . An
example is the willful evasion of taxes accomplished
by filing a fraudulent tax return. Cf. civil fraud; larceny
by trick under LARCENY. [Cases: Internal Revenue ~
5263.20; Taxation
election fraud. See ELECTION FRAUD.
equitable fraud. See constructive fraud (1).
extrinsic fraud. (1851) 1. Deception that is collateral
to the issues being considered in the case; intentional
misrepresentation or deceptive behavior outside the
transaction itself (whether a contract or a lawsuit),
depriving one party of informed consent or full par
ticipation . For example, a person might engage in
extrinsic fraud by convincing a litigant not to hire
counselor answer by dishonestly saying the matter
will not be pursued. Also termed collateral fraud.
2. Deception that prevents a person from knowing
about or asserting certain rights. [Cases: Federal Civil
Procedure (."::::>2654; Judgment 0=>375,443(1).]
419 fraud. See advance-fee fraud.
fraud in contemplation oflaw. See constructive fraud (1).
fraud in equity. See constructive fraud (1).
fraud in fact. See actual fraud.
fraud in law. (17c) Fraud that is presumed under the
circumstances, as when a debtor transfers assets and
thereby impairs creditors' efforts to collect sums
due. -Also termed constructive fraud.
fraud in the execution. Seefraud in the factum.
fraud in the factum. (1848) Fraud occurring when a
legal instrument as actually executed differs from the one intended for execution by the person who
executes it, or when the instrument may have had no
legal existence . Compared to fraud in the induce
ment, fraud in the factum occurs only rarely, as when
a blind person signs a mortgage when misleadingly
told that the paper is just a letter. Also termed fraud
in the execution;fraud in the making. Cf. fraud in the
inducement. [Cases: Contracts 0=>94(1).]
fraud in the inducement. (1831) Fraud occurring
when a misrepresentation leads another to enter into
a transaction with a false impression of the risks,
duties, or obligations involved; an intentional mis
representation of a material risk or duty reasonably
relied on, thereby injuring the other party without
vitiating the contract itself, esp. about a fact relating
to value. -Also termed fraud in the procurement.
Cf. fraud in the factum. [Cases: Contracts C='94(1);
Fraud 24.]
fraud in the making. Seefraud in the factum.
fraud in the procurement. See fraud in the induce
ment.
fraud on the community. Family law. In a community
property state, the deliberate hiding or fraudulent
transfer of community assets before a divorce or death
for the purpose of preventing the other spouse from
claiming a half-interest ownership in the property.
[Cases: Husband and Wife 0=>265.]
fraud on the court. (1810) In a judicial proceeding,
a lawyer's or party's misconduct so serious that it
undermines or is intended to undermine the integ
rity of the proceeding . Examples are bribery of a
juror and introduction of fabricated evidence. [Cases:
Federal Civil Procedure Judgment 0=>372,
440.]
fraud on the market. 1. Fraud occurring when an issuer
ofsecurities out misinformation that affects the
market price of stock, the result being that people who
buy or sell are effectively misled even though they did
not rely on the statement itself or anything derived
from it other than the market price. [Cases: Securi
ties Regulation 2. The securities-law claim
based on such fraud. See FRAUD-ON-THE-MARKET
PRINCIPLE.
fraud on the Patent Office. Patents. A defense in a
patent-infringement action, attacking the validity of
the patent on the grounds that the patentee gave the
examiner false or misleading information or withheld
relevant information that the examiner would have
considered important in considering patentability .
The scope of prohibited acts is wider than that covered
by common-law fraud, and today the defense is gener
ally called "inequitable conduct before the PTO." If
the defense is established, the entire patent is rendered
unenforceable. See defense of inequitable conduct
under DEFENSE (1). [Cases: Patents C-97.]J
hidden fraud. Seefraudulent concealment under CON
CEALMENT.

733
insurance fraud. Fraud committed against an insurer,
as when an insured lies on a policy application or fab
ricates a claim.
intrinsic fraud. (1832) Deception that pertains to an
issue involved in an original action . Examples
include the use of fabricated evidence, a false return
of service, perjured testimony, and false receipts or
other commercial documents. [Cases: Judgment
373,441.]
legal fraud. See constructive fraud (1).
long-firm fraud. The act ofobtaining goods or money
on credit by falsely posing as an established business
and having no intent to pay for the goods or repay
the loan.
mailfraud. (1918) An act offraud using the U.S. Postal
Service, as in making false representations through
the mail to obtain an economic advantage. 18 USCA
 1341-1347. [Cases: Postal Service ~35.]
moral fraud. See actual fraud.
positive fraud. See actual fraud.
promissory fraud. (1934


ud. See actual fraud.
positive fraud. See actual fraud.
promissory fraud. (1934) A promise to perform made
when the promisor had no intention of performing
the promise. -Also termed common-law fraud.
[Cases: Fraud ~12.]
religious-affinity fraud. See affinity fraud.
taxfraud. See TAX EVASION.
wire fraud. (1955) An act of fraud using electronic
communications, as by making false representations
on the telephone to obtain money . The federal Wire
Fraud Act provides that any artifice to defraud by
means of wire or other electronic communications
(such as radio or television) in foreign or interstate
commerce is a crime. 18 USCA  1343. [Cases: Tele
communications
fraud, badge of. See BADGE OF FRAUD.
fraudare (fraw-dair-ee), vb. [Latin] Roman law. To
defraud.
fraud by hindsight. Hist. Securities. A claim of fraud
based on the assumption that a corporation deliber
ately misled investors by issuing optimistic financial
statements or forecasts and later reporting worse-than
expected results. Suits for fraud by hindsight were
common in the early 19908. Congress eliminated this
claim in the Private Securities Litigation Reform Act of
1995. 15 USCA  78u-4(b). [Cases: Securities Regula
tion C=>60.27.J
fraude (frawd). [French] Civil law. Fraud committed in
performing a contract. Cf. DOL.
fraudfeasor (frawd-fee-zdr). A person who has commit
ted fraud. -Also termed defrauder.
fraud in the execution. See fraud in the factum under
FRAUD.
fraud on creditors. See FRAUDULENT CONVEYANCE (1).
fraud on the community. In a community-property
state, the deliberate hiding or fraudulent transfer of fraudulent conveyance
community assets before a divorce or death for the
purpose ofpreventing the other spouse from claiming
a half-interest ownership in the property.
fraud-on-the-market principle. Securities. The doctrine
that, in a claim under the antifraud provisions of the
federal securities laws, a plaintiff may presumptively
establish reliance on a misstatement about a securi
ty's value without proving actual knowledge of the
fraudulent statement -if the stock is purchased in an
open and developed securities market. _ This doctrine
recognizes that the market price of an issuer's stock
reflects all available public information. The presump
tion is rebuttable. Also termed fraud-on-the-market
theory. See fraud on the market under FRAUD. [Cases:
Securities Regulation ~60.25.]
frauds, statute of. See STATUTE OF FRAUDS.
fraudulent act. Conduct involving bad faith, dishonesty,
a lack ofintegrity, or moral turpitude. Also termed
dishonest act;fraudulent or dishonest act.
fraudulent alienation. 1. The transfer of property with
an intent to defraud others, esp. creditors and lien
holders. 2. The transfer of an estate asset by the estate's
administrator for little or no consideration.
fraudulent alienee. See ALIENEE.
fraudulent banking. The receipt of a deposit by a banker
who knew that the bank was insolvent at the time of the
deposit. [Cases: Banks and Banking <>82(2),83.]
fraudulent claim. A false insurance claim. See FRAUD.
fraudulent concealment. See CONCEALMENT.
fraudulent-concealment rule. See CONCEALMENT
RULE.
fraudulent conversion. See CONVERSION (2).
fraudulent conveyance. (I7c) 1. A transfer of property
for little or no consideration, made for the purpose of
hindering or delaying a creditor by putting the property
beyond the creditor's reach; a transaction by which the
owner of real or personal property seeks to place the
property beyond the reach ofcreditors. Also termed
fraud on creditors. [Cases: Fraudulent Conveyances
1.]
"With respect to the general power which is exercisable by
deed, it seems that the principle that the donee's creditors
can reach the property subject to the exercised general
power will have application only to the socalled fraudu
lent conveyance. That is to say, if the owned assets of the
donee after the donative inter vivos exercise are sufficient
to satisfy the creditors, then the exercise of the power will
not subject the appointive property to the claims of the
creditors; if, on the other hand, the owned assets of the
donee are inadequate to satisfy creditors' claims after the
exercise of the power. then the transfer resulting from the
exercise is likely to fall into the category of the fraudu
lent conveyance and the creditors will be able to reach
the appointive property in the hands of the appointee."
Thomas F. Bergin & Paul G. Haskell, Preface to Estates in
Land and Future Interests 173 (2d I'd. 1984).
2. Bankruptcy. A prebankruptcy transfer or obligation
made or incurred by a debtor for little or no consid
eration or with the actual intent to hinder, delay, or
defraud a creditor . A bankruptcy trustee may recover

such a conveyance from the transferee ifthe require
ments of 11 USCA  548 are met. Also termed fraud
ulent transfer. Cf. PREFERENTIAL TRANSFER. [Cases:
Bankruptcy (~=,2641-2651.]
fraudulent debt. See DEBT.
fraudulent joinder. See JOINDER.
fraudulent marriage. See MARRIAGE (1).
fraudulent misrepresentation. See MISREPRESENTA
TION.
fraudulent or dishonest act. See FRAUDULENT ACT.
fraudulent pretenses. See FALSE PRETENSES.
fraudulent representation. See fraudulent misrepresen
tation under MISREPRESENTATION.
fraudulent sale. See SALE.
fraudulent transfer. See FRAUDULENT CONVEYANCE (2).
fraus (fraws). [Latin] Deceit; cheating . For example, a
debtor who conveyed property with the specific intent
(Jraus) of defrauding a creditor risked having the con
veyance rescinded.
fraus legis (fraws lee-jis). [Latin "fraud on the law"]
Roman law. Evasion of the law; specif., doing some
thing that is not expressly forbidden by statute, but that
the law does not want done.
fray. See AFFRAY.
FRB. abbr. FEDERAL RESERVE BOARD OF GOVERNORS.
FRCA. abbr. See FAIR-CREDIT-REPORTING ACT.
FRCP. abbr. FEDERAL RULES OF CIVIL PROCEDURE.
F.R.D. 	abbr. Federal Rules Decisions; a series of
reported federal court decisions (beginning in 1938)
that construe or apply the Federal Rules of Civil and
Criminal Procedure . Also included are rule changes,
ceremonial proceedings offederal courts, and articles
on federal-court practice and procedure. Often
written FRD.
FRE. abbr. FEDERAL RULES OF EVIDENCE.
Freddie Mac. See FEDERAL HOME LOAN MORTGAGE COR
PORATION.
free, adj. (bef. 12c) 1. Having legal and political rights;
enjoying political and civil liberty <a free citizen>
<a free populace>. 2. Not subject to the constraint or
domination of another; enjoying personal freedom;
emancipated <a free person>. 3. Characterized by
choice, rather than by compulsion or constraint <free
will>. 4. Unburdened <the land was free of any encum
brances>. 5. Not confined by force or restraint <free
from prison>. 6. Unrestricted and unregulated <free
trade>. 7. Costing nothing; gratuitous <free tickets to
the game>. -freely, adv.
free, vb. 1. To liberate. 2. To remove (a person, animal,
or thing) from a constraint or burden.
free agency, n. (ca. 1955) A professional athlete's ability
to negotiate an employment contract with any team in
the league, rather than being confined to the league's
collective-bargaining system . Free agency is usu. granted to veteran players who have been in the league
for a certain number ofyears. Cf. RESERVE CLAUSE.
free agent, n.
free alms. See FRANKALMOIN.
free alongside ship. A mercantile-contract term allocat
ing the rights and duties of the buyer and the seller of
goods with respect to delivery, payment, and risk ofloss,
whereby the seller must clear the goods for export, and
deliver the goods to the wharfbeside the buyer's chosen
vessel.  The seller's delivery is complete (and the risk
ofloss passes to the buyer) when the goods are placed
on the wharf beside the vessel. The buyer is responsible
for all costs of carriage. This term is used only when
goods are transported by sea or inland waterway. UCC
 2-319. -Abbr. FAS. Cf. FREE ON BOARD; DELIVERED
EX QUAY. [Cases: Sales (~201(4).]
free and dear, adj. Unencumbered byany liens; market
able <free and clear title>.
free and common socage. See free socage under
SOCAGE.
free and equal, adj. (Of an election) conducted so that
the electorate has a reasonable opportunity to vote,
with each vote given the same effect. [Cases: Elections
free bench. Hist. A widow's (and occasionally a wid
ower's) interest in the deceased spouse's estate . Free
bench gave the surviving spouse a half interest in the
estate until death or remarriage. -Also termed francus
bancus;frank bank; liber bancus.
"The bench in question was, we may guess ... a bench at
the fireside. The surviving spouse has in time past been
allowed to remain in the house along with the children.
In the days when families kept together, the right of the
widower or widow to remain at the fireside may have borne
a somewhat indefinite character .... By way of 'free bench'
the surviving spouse now has the enjoyment of onehalf
of the land until death or second marriage, whether there
has ever been a child of the marriage or no." 2 Frederick
Pollock & Frederic W. Maitland, The History of English Law
Before the Time of Edward 1419 (2d ed. 1899).
free-bordo (I7c) Hist. 1. A small strip ofland (usu. 2112
feet wide and lying just outside a fence) that the owner
of the fenced property was allowed to claim and use.
2. The right ofclaiming that quantity of land. Also
spelled freebord; free bord; freeboard. Also termed
francbordus.
free carrier. A mercantile-contract term allocating the
rights and duties of the buyer and the seller ofgoods
with respect to delivery, payment, and risk Ofl088,
whereby the seller must clear the goods for export and
deliver them to the buyer's chosen carrier at a named
place. The seller's delivery is complete (and the risk
ofloss passes to the buyer) when the goods are loaded
on the collecting vehicle or otherwise placed at the car
rier's disposal. The buyer is responsible for all costs of
carriage. There are no restrictions on the buyer's choice
ofcarrier. -Abbr. FCA.
free chapel. Hist. Eccles. law. A church founded by the
Crown (or by a person under royal grant) and not
subject to the bishop's jurisdiction.

735
"[T]hose onely are Free-chappels. which are of the King's
Foundation, and by him exempted from the Jurisdiction of
the Ordinary; but the King may licence a Subject to found
such a Chappel. and by his Charter exempt it from the
Ordinaries Visitation also .... [lIt is called free. in respect
of its exemption from theJurisdiction of the Diocesan ...."
Thomas Blount, Noma-Lexicon: A Law-Dictionary (1670).
free chase. See CHASE.
free city. Int'llaw. A country-like political and territo
rial entity that, although independent in principle, does
not have the full capacity to act according to general
international law but is nevertheless a subject ofinter
national law_
freedman (freed-man). (16c) Hist. An emancipated
slave.
freedom. (bef. 12c) 1. The state of being free or liberated_
2. A political right.
Freedom of Access to Clinic Entrances Act. A 1994
federal statute that provides for criminal sanctions,
private civil causes of action, and civil action by the
U.S. Attorney General against a person who uses force,
threat offorce, or physical obstruction to injure, intimi
date, or interfere with a provider or patient ofreproduc
tive services or who damages a reproductive-services
facility. Abbr. FACE. [Cases: Abortion and Birth
Control C=.128.]
freedom of assembly. See RIGHT OF ASSEMBLY.
freedom of association. (1889) The right to join with
others in a common undertaking that would be lawful
ifpursued individually . This right is protected by the
First Amendment to the U.S. Constitution. The gov
ernment may not prohibit outsiders from joining an
association, but the insiders do not necessarily have a
right to exclude others. Cf. RIGHT OF ASSEMBLY. [Cases:
Constitutional Law (;=-1440-1454.]
freedom ofexpressive association. The constitutional
right of an individual to associate with others, without
undue government interference, for the purpose of
engaging in activities protected by the First Amend
ment, such as speech, assembly, and the exercise of
religion.
freedom ofintimate association. The constitutional
right ofprivacy to form and preserve certain intimate
human relationships without intrusion by the state


ofintimate association. The constitutional
right ofprivacy to form and preserve certain intimate
human relationships without intrusion by the state
because the relationships safeguard individual
freedom . The group relationships protected by the
right to freedom of intimate association are familial
in nature and are characterized by deep attachments,
a high degree ofcommitment, and the sharing ofdis
tinctly personal aspects of Hfe. The exclusion ofothers
is an essential characteristic of these relationships.
freedom ofchoice. (1817) 1. The liberty embodied in the
exercise ofone's rights. 2. The parents' opportunity to
select a school for their child in a unitary, integrated
school system that is devoid of de jure segregation.
3. The liberty to exercise one's right of privacy, esp.
the right to have an abortion. Also termed right to
choose; choice. [Cases: Abortion and Birth Control
102.] freedom of the city
freedom of contract. (1879) The doctrine that people
have the right to bind themselves legally; a judicial
concept that contracts are based on mutual agreement
and free choice, and thus should not be hampered by
external control such as governmental interference .
This is the principle that people are able to fashion their
relations by private agreements, esp. as opposed to the
aSSigned roles ofthe feudal system. As Maine famously
said, "[T]he movement of progressive societies has been
a movement from Status to Contract." Henry Sumner
Maine, Ancient Law 165 (1864). -Also termed liberty
ofcontract; autonomy ofthe parties. [Cases: Constitu
tional Law Cr-'-;) 1118.]
"Like most shibboleths, that of 'freedom of contract' rarely.
ifever, received the close examination which its importance
deserved. and even today it is by no means easy to say
what exactly the nineteenth-century judges meant when
they used this phrase. At least it may be said that the idea
of freedom of contract embraced two closely connected,
but none the less distinct, concepts. In the first place it
indicated that contracts were based on mutual agreement,
while in the second place it emphasized that the creation of
a contract was the result of a free choice unhampered by
external control such as government or legislative interfer
ence." p.s. Atiyah, An Introduction to the Law of Contract
5 (3d ed. 1981).
freedom of expression. (1877) The freedom of speech,
press, assembly, or religion as guaranteed by the First
Amendment; the prohibition of governmental inter
ference with those freedoms. Cf. FREEDOM OF SPEECH.
[Cases: Constitutional 1290-1428,1430,1490
2304.]
Freedom of Information Act. 1he federal statute that
establishes gUidelines for public disclosure of docu
ments and materials created and held by federal
agencies. 5 USCA  552. The basic purpose of the
statute, or of a state statute modeled after it, is to give
the public access to official information so that the
public will be better informed and the government will
be more accountable for its actions. Abbr. FOIA. See
REVERSE FOlA SUIT. [Cases: Records (:::::>50-68.]
freedom ofintimate association. See FREEDOM OF ASSO
CIATION.
freedom ofpetition. See RIGHT TO PETITION.
freedom of religion. (l6c) The right to adhere to any
form of religion or none, to practice or abstain from
practicing religious beliefs, and to be free from govern
mental interference with or promotion of religion, as
guaranteed by the First Amendment and Article VI,
3 ofthe U.S. Constitution. [Cases: Constitutional Law
(;=-1290-1428.]
freedom of speech. (17c) The right to express one's
thoughts and opinions without governmental restric
tion, as guaranteed by the First Amendment. -Also
termed liberty ofspeech. Cf. FREEDOM OF EXPRESSION.
[Cases: Constitutional Law C=1490-2304.]
Freedom of Speech Clause. See SPEECH CLAUSE.
freedom of the city. Hist. An immunity or privilege
from some burden, esp. from county jurisdiction and

736 freedom of the press
its privilege ofmunicipal taxation and self-government,
held under a royal charter.
freedom of the press. (l7c) The right to print and
publish materials without governmental interven
tion, as guaranteed by the First Amendment. -Also
termed liberty ofthe press. [Cases: Constitutional Law
~2070-2081.]
"'Freedom of the press' has less significance than meets
the eye. It is true, of course, that the First Amendment
specifically guarantees freedom of the press as well as
free speech, and the media often ascribe the freedom
they enjoy to the Press Clause. Even the Supreme Court
occasionally emits rhetoric that implies as much. But as
a matter of positive law, the Press Clause actually plays a
rather minor role in protecting the freedom of the press.
Most of the freedoms the press receives from the First
Amendment are no different from the freedoms everyone
enjoys under the Speech Clause. The press is protected
from most government censorship, libel judgments, and
prior restraints not because it is the press but because
the Speech Clause protects all of us from those threats."
David A. Anderson, Freedom of the Press, 80 Texas L. Rev.
429, 430 (2002).
freedom ofthe seas. Int'llaw. The principle that the seas
beyond territorial waters are not subject to any coun
try's control.  Ships on the high seas are subject only
to the jurisdiction of the country whose flag they fly,
except in cases of piracy, hijacking, hot pursuit from
territorial waters, slave trading, and certain rights of
approach by warships. -Also termed mare liberum.
[Cases: International Law ~7.]
freedom-to-create statute. Patents. A law restricting
an employer's ability to require employees to assign to
the employer all rights to their inventions, even those
independently developed. [Cases: Labor and Employ
ment~309.]
freedom-to-operate search. See INFRINGEMENT
SEARCH.
free election. See ELECTION (3).
free enterprise. (1890) A private and consensual system
of production and distribution, usu. conducted for a
profit in a competitive environment that is relatively
free ofgovernmental interference. See CAPITALISM.
free entry, egress, and regress (ee-gres I ree-gres). Hist.
A person's right to go on land as often as reasonably
necessary. A tenant could go on land to gather crops
still growing after the tenancy expired.
Free Exercise Clause. (1950) The constitutional provi
sion (U.S. Const. amend. 1) prohibiting the govern
ment from interfering in people's religious practices
or forms of worship. -Also termed Exercise Clause.
Cf. ESTABLISHMENT CLAUSE. [Cases: Constitutional
Law~1302.1
free fishery. See FISHERY (1).
free-gas clause. Oil & gas. A provision in an oil-and-gas
lease entitling the lessor or the surface owner to use gas
produced from the leased property without charge .
Used commonly in colder states, free-gas clauses usu.
limit how the gas may be used (e.g., domestic heating
and light), how much gas may be used (e.g., not more than 300 MCF per year), or both. [Cases: Mines and
Minerals ~79.5.]
freehold, n. (15c) 1. An estate in land held in fee simple,
in fee tail, or for term oflife; any real-property interest
that is or may become possessory . At common law,
these estates were all created by enfeoffment with livery
ofseisin. [Cases: Estates in Property~4-7, 12.]2. The
tenure by which such an estate is held. -Also termed
freehold estate; estate in freehold; freehold interest;
franktenement; liberum tenementum. Cf. LEASEHOLD.
determinable freehold. See determinable estate under
ESTATE (4).
movable freehold. (18c) The land a seashore owner
acquires or loses as water recedes or approaches.
[Cases: Navigable Waters ~44.]
perpetual freehold. An estate given to a grantee for life,
and then successively to the grantee's heirs for life .
The effect of this type of freehold was to keep land
within a family in perpetuity, much like a fee tail.
"It took the form of a grant 'to A for life, remainder to A's
son for life, remainder to that son's son for life', and so on
ad infinitum. Such a limitation, ifvalid, would have been an
effective substitute for the fee tail. The courts, however, set
their face against this 'perpetual freehold' (as it was some
times termed), and in Lovelace v. Lovelace (1 S8S) it was
held that remainders which did not vest before the deter
mination of the first life estate would fail ex post facto.
Subsequently a number of other, not entirely convincing,
reasons were found for invalidating perpetual freeholds,
ultimately culminating in what is sometimes termed the
'old' rule against perpetuities, but, more commonly, the
rule in Whitby v. Mitchell, taking its name from the case
which marked its emphatic reiteration." Peter Butt, Land
Law 136 (2d ed. 1988).
freeholder. (15c) Hist. One who possesses a freehold.
freeholder's court baron. See COURT BARON.
freehold estate. See FREEHOLD.
freehold interest. See FREEHOLD.
freehold land society. (usu. pl.) Hist. A society in
England created to enable mechanics, artisans, and
other workers to buy at the lowest possible price
freehold land with a sufficient yearly value to entitle
the owner to the right to vote in the county in which
the land was located.
free ice. Hist. Ice in navigable streams that does not
belong to the adjacent riparian owner or to another
with the right to appropriate it, but that belongs to the
person who first appropriates it.
free law. Hist. The civil rights enjoyed by a freeman
(as opposed to a serf) . Free law could be forfeited if
the freeman was convicted of treason or an infamous
crime.
freeman. (bef. 12c) 1. A person who possesses and enjoys
all the civil and political rights belonging to the people
under a free government. 2. A person who is not a slave.
3. Hist. A member ofa municipal corporation (a city or
borough) who possesses full civic rights, esp. the right
to vote. 4. Hist. A freeholder. Cf. VILLEIN. 5. Hist. An

737 freezeout
allodial landowner. Cf. VASSAL. -Also written free
man.
Freeman-Walter-Abele test. Patents. An outmoded
two-step judicial test for determining whether a claimed
invention is an unpatentable mathematical algorithm.
 The test looks first to whether an algorithm is explicit
or inherent in the claim, and second to whether a patent
would wholly preempt others from using the algorithm.
In re Freeman, 573 F.2d 1237 (CCPA 1978); In re Walter,
618 F.2d 758 (CCPA 1980); In re Abele, 684 F.2d 902
(CCPA 1982). The Federal Circuit has said the test has
"little, ifany, applicability" after State St. Bank & Trust
Co. v. Signature Fin. Group, 149 F.3d 1368 (Fed. Cir.
1998). [Cases: Patents C:":'6.]
free market. See open market under MARKET.
free ofall average. Maritime law. Insurance that covers
a total loss only. Abbr. FAA.
free on board. (ca. 1924) A mercantile-contract term
allocating the rights and duties of the buyer and the
seller ofgoods with respect to delivery, payment, and
risk oflos$, whereby the seller must clear the goods for
export, and the buyer must arrange for transportation .
 The seller's delivery is complete (and the risk of loss
passes to the buyer) when the goods pass the transport
er's rail. The buyer is responsible for all costs ofcarriage.
DCC  2.319. -Abbr. FOB. Cf. FREE ALONGSIDE SHIP;
DELIVERED EX SHIP. [Cases: Sales C='77(2).]
"In an F.O.B. ('free on board') contract, the goods must be
delivered on board by the seller, free of expense to the
purchaser, and they are not at the latter's risk until actually
delivered on board, when the property in them passes to
him. The seller must also give the buyer sufficient notice
to enable him to insure against loss during the sea transit.
The buyer, on the other hand, must name a ship or autho
rize the seller to select one. The seller cannot sue for the
price until the goods are loaded, and if his inability to load
was caused by the buyer's failure to name an effective ship,
his only remedy lies in damages. Similarly, F.O.R. means
'free on rail.''' 2 E.w. Chance, Principles of Mercantile Law
86-87 (P.w. French ed., 10th ed. 1951).
FOB destination. A mercantile term denoting that the
seller is required to pay the freight charges as far as
the buyer's named destination.
FOB shipping. A mercantile term denoting that the
seller is required to bear the risk ofplacing the goods
on a carrier. [Cases: Sales C::> 201 (4).]
free port. See PORT.
free ride. (19c) A benefit obtained without paying a fair
price. For example, a competitor who used aerial pho
tographs ofa plant-construction site to discover secret
manufacturing techniques was judicially criticized
for getting a free ride, in contrast to others who might
spend time and effort legally reverse-engineering the
same techniques