-=>53(7).]
Federal Farm Credit Banks Funding Corporation. A
federal corporation that manages the sale of Federal
Farm Credit System securities in the money and capital
markets and also provides advisory services to banks
in the Federal Farm Credit System. Federal Farm Credit System. The national cooperative
system of banks and associations providing credit to
farmers, agricultural concerns, and related businesses.
 The system consists of the banks for cooperatives,
the farm credit banks, and the Federal Farm Credit
Banks Funding Corporation. It is supervised by the
Farm Credit Administration and was Originally capi
talized by the federal government. The system is now
self-funding and owned by its member-borrowers.
[Cases: United States C=53(7).]
Federal Food Stamp Act. A federally funded program
that provides needy families with financial assistance in
obtaining a nutritionally adequate diet.  The Secretary
of Agriculture administers the Act. [Cases: Agricul
ture~2.6.J
federal-funds rate. The interest rate at which banks lend
to each other overnight.  ]he loans are usu. made by
banks with excess reserves to those with temporarily
insufficient reserves. Often shortened to fed funds.
Also termed fed-funds rate.
federal government. See GOVERNMENT.
Federal Highway Administration. An agency in the U.S.
Department of Transportation responsible for granting
aid to states for highway construction and improve
ment; providing matching grants to states for highway
safety programs; uniformity among the states
in commercial motor-carrier registration and taxation;
regulating the safety of motor carriers operating in
interstate commerce; and training employees of state
and local agencies engaged in highway work backed
by federal aid. Abbr. FHWA. [Cases: Highways
99.1.]
Federal Home Loan Bank. One of 12 federally char
tered banks created in 1932 to extend secured loans
(advances) to savings institutions that are members
of the system and to community financial institu
tions that finance small businesses, small farms, and
small agribusinesses . The banks are supervised by
the Federal Housing Finance Board. -Abbr. FHLB.
Sometimes shortened to home loan bank. [Cases: Banks
and Banking
Federal Home Loan Bank Board. See FEDERAL HOUSING
FINANCE BOARD.
Federal Home Loan Mortgage Corporation. A corpo
ration that purchases both conventional and federally
insured first mortgages from members of the Federal
Reserve System and other approved banks. -Abbr.
FHLMC. -Also termed Freddie Mac.
Federal Housing Administration. The HCD division
that encourages mortgage lending by insuring mortgage
loans on homes meeting the agency's standards. -
Abbr. FHA. See DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT. [Cases: United States C:::>82(3.3).]
Federal Housing Finance Board. A five-member
independent federal board that supervises the 12
Federal Home Loan Banks . Formerlv known as the
Federal Home Loan Bank Board, it wa~ established by
the Federal Home Loan Bank Act of 1932. That Act

was amended by the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989. 12 USCA
1421 et seq.
federal instrumentality, n. L A means or agency used
by the national government. [Cases: United States
53.] 2. A national agency or other entity immune from
state control.
Federal Insurance Contributions Act. The federal act
imposing the sOcial-security tax on employers and
employees. IRC (26 USCA)  3101-3127. Abbr.
FICA. [Cases: Internal Revenue C=::>4376, 4377.]
federal intermediate credit bank. See BANK.
federalism. (1787) The legal relationship and distribution
of power between the national and regional govern
ments within a federal system ofgovernment.
cooperative federalism. (1947) Distribution ofpower
between the federal government and the states in
which each recognizes the powers of the other while
jointly engaging in certain governmental functions.
[Cases: States C:::)4.19.]
ourfederalism. See OUR FEDERALISM.
Federalist Papers. A series of85 essays written by Alex
ander Hamilton, John Jay, and James Madison (under
the pseudonym Publius) expounding on and advocat
ing the adoption of the U.S. Constitution . Most of
the essays were published in 1787 and 1788. Also
termed The Federalist.
Federalist Society. A national association oflawyers, law
students, and others committed to conservative and
libertarian viewpoints on political and social matters .
The group is based in Washington, D.C. Cf. NATIONAL
LAWYERS GUILD.
Federal Judicial Center. An agency in the judicial branch
of the federal government responSible for research
ing judicial administration and for training judges
and employees of the federal judiciary . Its director
is appointed by a seven-member board presided over
by the Chief Justice of the United States. 28 USCA
620. -Abbr. FJC.
Federal Judicial Code. The portion (Title 28) of the
U.S. Code dealing with the organization, jurisdiction,
venue, and procedures of the federal court system, as
well as court personnel, and the Department
of Justice.
federal jurisdiction. See rURISDICTION.
federal-juvenile-delinquency jurisdiction. See JURIS
DICTION.
Federal Kidnapping Act. A federal law punishing kid
napping for ransom or reward when the victim is trans
ported interstate or internationally . The law presumes
that a victim has been transported in violation of the
law if the victim is not released within 24 hours. The
Federal Kidnapping Act, by express provision, does not
apply to the kidnapping of a minor by either parent.
The law was enacted in 1932 after the son of aviator
Charles Lindbergh was kidnapped and murdered.
For this reason, it is also termed the Lindbergh Act. 18 USCA  1201. -Also termed Lindbergh Act. Cf.
PARENTAL KIDNAPPING PREVENTION ACT. [Cases: Kid
napping C=::> 14.]
"The Federal Kidnapping Act was passed in 1932 to dose a
dangerous loophole between state and federal law. At that
time, marauding bands of kidnappers were preying upon
the wealthy with ruthless abandon, seizing their victims
for ransom while operating outside the reach of existing
state laws. Knowing that authorities in the victim's home
state were powerless once a hostage was transported
across state lines, the criminals would kidnap their target
in one state, then move quickly to the next. In response,
Congress made kidnapping a federal crime when the victim
was moved from one state to another, and comprehensive
language was used to cover every possible variety of kid
napping followed by interstate transportation." 1 Am. Jur.
2d Abduction and Kidnapping  14, at 185 (1994).
Federal Labor Relations Authority. An agency that
protects the right of federal employees to organize,
engage in collective bargaining, and select their own
union representatives . Itwas established under Reor
ganization Plan No.2 of 1978 and began operating in
1979.5 USCA  7101-35. -Abbr. FLRA. [Cases: Labor
and Employment c=::>1650.]
federal labor union. See UNION.
federal land. See LAND.
Federal Land Bank. (1914) One of a system of 12 regional
banks created in 1916 to provide mortgage loans to
farmers. The system is now merged with federal inter
mediate credit banks to create the Federal Farm Credit
System. [Cases: Banks and Banking United
States C=::>S3(7).]
federal law. (18c) The body oflaw consisting of the U.S.
Constitution, federal statutes and regulations, U.S.
treaties, and federal common law. Cf. STATE LAW.
Federal Law Enforcement Training Center. An inter
agency law-enforcement training facility responsible
for serving over 70 law-enforcement organizations in
the federal government.  The Center was transferred
from the Department of the Treasury to the Depart
ment of Homeland Security in 2003. Abbr. FLETC.
federal magistrate. UNITED STATES MAGISTRATE
rUDGE.
Federal Maritime Commission. An independent federal
agency that regulates the waterborne foreign and
domestic commerce ofthe United States by (1) ensuring
that U.S. international trade is open to all countries on
fair and equitable terms, (2) guarding against unau
thorized monopolies in U.S. waterborne commerce,
and (3) ensuring that financial responsibility is main
tained to clean up oil spills and indemnify injured pas
sengers. The Agency was established in 1961. Its five
commissioners are appointed by the President with the
advice and consent of the Senate. -Abbr. FMC. [Cases:
Shipping C=::>3, 14.]
Federal Maritime Lien Act. A statute that confers an
automatic lien on anyone who provides a vessel with
of a wide range of goods and services. 46 USCA
-Abbr. FMLA. [Cases: Maritime Liens

688 Federal Mediation and Conciliation Service
Federal Mediation and Conciliation Service. An inde
pendent federal agency that tries to prevent the inter
ruption of interstate commerce that could result from
a labor-management dispute by helping the parties
reach a settlement without resorting to a job action or
strike. The Service can intervene on its own author
ityor at the request of a party to the dispute. It also
helps employers and unions select qualified arbitrators.
The Service was established by the Labor Management
Relations Act of 1947.29 USCA  172. Abbr. FMCS.
Cf. NATIONAL MEDIATION BOARD.
Federal Mine Safety and Health Review Commis
sion. An independent five-member commission that
(1) monitors compliance with occupational safety and
health standards in the nation's surface and under
ground coal, metal, and nonmetal mines, and (2)
adjudicates disputes that arise under the Federal Mine
Safety and Health Amendments Act of 1977. It was
established in 1977.30 USCA  801 et seq. -Abbr.
FMSHRC. [Cases: Labor and Employment C=>2571.J
Federal Motor Carrier Safety Administration. A unit in
the U.S. Department ofTransportation responsible for
regulating the operation oflarge trucks and buses.
Abbr. FMCSA. [Cases: Automobiles C=> 116, 127.]
Federal National Mortgage Association. A privately
owned and managed corporation chartered by the
U.S. government that provides a secondary mortgage
market for the purchase and sale of mortgages guaran
teed by the Veterans Administration and those insured
under the Federal Housing Administration. -Abbr.
FNMA. Also termed Fannie Mae. [Cases: United
States
Federal Parent Locator Service. A federal program
created to help enforce child-support obligations . In
an effort to increase the collection of child support,
Congress authorized the use of all information con
tained in the various federal databases to help locate
absent, delinquent child-support obligors. Although
initially information could be released only if the
family was receiving public assistance, any judgment
obligee can now apply to receive the last known address
ofa delinquent child-support obligor. 42 USCA  653.
Abbr. FPLS.
Federal Power Commission. See FEDERAL ENERGY REG
ULATORY COMMISSION.
federal preemption. See PREEMPTION (5).
federal prison camp. A federal minimum-security deten
tion facility . Federal prison camps, which often do
not have walls or fences, usu. house nonviolent inmates
who are serving sentences shorter than a year plus one
day and who are not considered escape risks.
Federal Procurement Regulation. See FEDERAL ACQUI
SITION REGULATION.
Federal Protective Service. A law-enforcement agency
in the U.S. Department ofHomeland Security respon
sible for protecting ambassadors, diplomatic staffs,
and embassy property . It was transferred from the
General Services Administration in 2003. federal question. In litigation, a legal issue involving
the interpretation and application ofthe U.S. Consti
tution, an act of Congress, or a treaty . Jurisdiction
over federal questions rests with the federal courts. 28
USCA  1331. [Cases: Federal Courts (;~161-247.]
federal-question jurisdiction. See rURISDICTION.
Federal Railroad Admiuistration. A unit in the U.S.
Department of Transportation responsible for promul
gating and enforcing rail-safety regulations; adminis
tering rail-related financial-aid programs; conducting
research on rail safety; and rehabilitating rail passen
ger service for the Northeast corridor. Abbr. FRA.
[Cases: RailroadsC=>223.]
Federal Register. A daily publication containing presi
dential proclamations and executive orders, federal
agency regulations of general applicability and legal
effect, proposed agency rules, and documents required
by law to be published . The Federal Register is pub
lished by the National Archives and Records Adminis
tration. -Abbr. Fed. Reg. [Cases: Administrative Law
and Procedure <::=:'407.]
federal regulations. See CODE OF FEDERAL REGULA
TIONS.
Federal Reporter. See F. (1).
Federal Reporter Second Series. See F.2D.
Federal Reporter Third Series. See F.3D.
Federal Reserve Board of Governors. The board that
supervises the Federal Reserve System and sets national
monetary and credit policy . The board consists of
seven members nominated by the President and con
firmed by the Senate for 14-year terms. Often short
ened to Federal Reserve Board. Abbr. FRB.
federal reserve note.


for 14-year terms. Often short
ened to Federal Reserve Board. Abbr. FRB.
federal reserve note. (1913) The paper currency in cir
culation in the United States . Non-interest-bear
ing promissory notes are payable to their bearer on
demand. The Federal Reserve Banks issue the notes in
denominations of $1, $2, $5, $10, $20, $50, and $100.
Until 1945, the United States Mint also printed $500,
$1,000, $5,000, and $10,000 bills. Although the Federal
Reserve System discontinued using bills larger than
$100 in 1969, the outstanding bills remain legal tender.
31 USCA  5103. Cf. GOLD CERTIFICATE; SILVER CER
TIFICATE.
Federal Reserve System. The central bank that sets
credit and monetary policy by fixing the reserves to be
maintained by depository institutions, determining the
discount rate charged by Federal Reserve Banks, and
regulating the amount of credit that may be extended
on any security. The Federal Reserve System was
established by the Federal Reserve Act of 1913. 12
USCA  221. It comprises 12 central banks supervised
by a Board of Governors whose members are appOinted
by the President and confirmed by the Senate. -Abbr.
FRS; Fed. [Cases: Banks and Banking C=>351-359.]
"The Federal Reserve System of 1913 evolved out of a
search for consensus among bankers, politicians, and
some academic experts. It was a move toward 'central
bank' regulation in the European sense .... [The System]

689
seemed to resolve the outstanding problems in money
and banking. Federal Reserve banknotes could grow with
expanding commercial paper and economic prosperity,
and assure a more adequate, reliable monetary growth."
William A. Lovett, Banking and Finane/a/Institutions Law
in a Nutshell 14-15 (1997).
Federal Retirement Thrift Investment Board. A board
that administers the Thrift Savings Plan that allows
federal employees to save additional funds for retire
ment.  It was established in 1986. 5 USCA  8472. -
Abbr. FRTIB. [Cases: United States ~39(15).1
Federal Rules Decisions. See F.R.D.
Federal Rules Enabling Act. A 1934 statute granting
the U.S. Supreme Court the authority to adopt rules of
civil procedure for federal courts . For the rulemak
ing power offederal courts today, see 28 USCA  2071,
2072. See also Fed. R. Civ. P. 83; Fed. R. Crim. P. 57.
[Cases: Federal Civil Procedure~31.J
Federal Rules of Appellate Procedure. The rules gov
erning appeals to the U.S. courts ofappeals from lower
courts, some federal-agency proceedings, and applica
tions for writs. -Abbr. Fed. R. App. P.; FRAP. [Cases:
Federal Courts ~522.1
Federal Rules of Bankruptcy Procedure. The rules gov
erning proceedings instituted under the Bankruptcy
Code. Abbr. Fed. R. Bankr. P. [Cases: Bankruptcy
Federal Rules of Civil Procedure. Ihe rules governing
civil actions in the U.S. district courts. Abbr. Fed.
R. Civ. P.; FRCP. [Cases: Federal Civil Procedure
"Chief Justice Hughes in 1935 appointed fourteen lawyers
and law teachers as the Advisory Committee for the Federal
Rules of Civil Procedure, with William D. Mitchell, former
Attorney General, as chairman, and Charles E. Clark, then
dean of the Yale Law School, as reporter, to recommend
a draft of rules uniting law and equity. The committee
proposed a system of rules that was approved by the Court
with certai n changes. In accordance with the Enabling Act,
the rules were submitted to Congress for its acquiescence
and, Congress having taken no exception to them, they
became effective September 16, 1938.
"The rules thus produced bear the unmistakable imprint
of the reporter, Charles E. Clark, and represent the largest
single accomplishment in American civil procedure since
the Field Code of 1848. Although they were not perfect and
have been amended many times, experience with them has
on the whole been satisfactory, and more than half of the
states have adopted them in their entirety or in large part."
Fleming James, Geoffrey C. Hazard Jr. &John Leubsdorf,
Civil Procedure  1.8, at 24-25 (5th ed. 2001).
Federal Rules ofCriminal Procedure. The rules govern
ing criminal proceedings in the U.S. district courts. -
Abbr. Fed. R. Crim. P. [Cases: Federal Civil Procedure
Federal Rules of Evidence. The rules governing the
admiSSibility ofevidence at trials in federal courts. -
Abbr. Fed. R. Evid.; FRE. [Cases: Federal Civil Proce
dure
Federal Savings and Loan Insurance Corporation. A
federal agency created in 1934 to insure deposits in
savings-and-loan associations and savings banks. Federal Trademark Dilution Act
When this agency became insolvent in 1989, its assets
and liabilities were transferred to an insurance fund
managed by the FDIC. -Abbr. FSLIC. See RESOLU
TION TRUST CORPORATION. [Cases: Building and Loan
Associations
federal sentencing guidelines. See UNITED STATES SEN
TENCING GUIDELINES.
federal state. See STATE.
federal statute. See FEDERAL ACT.
Federal Supplement. See F.SUPP.
Federal Supplement 2d. See F-S'tJPP.2D.
Federal Supply Service. A unit in the General Services
Administration responSible for providing supplies to
federal agencies worldwide . In procuring supplies the
agency takes advantage ofthe government's aggregate
buying power. Abbr. FSS.
Federal Technology Service. A unit in the General
Services Administration that provides communica
tions services worldwide to other federal departments
and agencies. Abbr. FTS.
Federal Tort Claims Act. A statute that limits federal
sovereign immunity and allows recovery in federal
court for tort damages caused by federal employees,
but only ifthe law of the state where the injury occurred
would hold a private person liable for the injury. 28
USCA  2671-2680 -Abbr. FTCA. See sovereign
immunity under IMMUNITY (1). [Cases: United States
<:::=78.J
"Although it has been suggested that the maxim, 'the King
can do no wrong' never had an existence in the United
States, it has also been declared that in enacting the
Federal Tort Claims Act, Congress recognized the manifold
injustice that springs from the delimiting effect of the rule
represented by that maxim. And it is said that in passing
the Act, Congress intended to compensate the victims of
negligence in the conduct of governmental activities in
circumstances in which a private person would be liable,
rather than leave just treatment to the caprice and legisla
tive burden of individual private laws, and to eliminate the
burden on Congress of investigating and passing on private
bills seeking individual relief." 35 Am. Jur. 2d Federal Tort
Claims Act  1, at 296 (1967).
Federal Trade Commission. An independent five-mem
ber federal commission that administers various laws
against business monopolies, restraint of trade, and
deceptive trade practices . It was established by the
Federal Trade Commission Act of 1914. 15 USCA
41-58. The Commission's body of rulings reaches into
many state-law actions because many so-called "Little
FTC Acts" of the states specify that FTC interpretations
should provide a model for state-court decisions.
Abbr. FTC. [Cases: Antitrust and Trade Regulation
~300.J
Federal Trademark Act. See LANHAM ACT.
Federal Trademark Dilution Act. A 1995 amendment to
the Lanham Act (Trademark Act of 1946) that provides
additional remedies against the dilution of famous
trademarks. 15 USCA  1125(c). -Sometimes short
ened to Dilution Act. Abbr. FTDA. [Cases: Trade
marks 0=>1450-1473.J

federal transfer. The federal district court's right to
move a civil action filed there to any other district or
division where the plaintiff could have brought the
action originally. 28 USCA  1404(a). See CHANGE OF
VENUE. [Cases: Federal Courts C=>101-146, 1152.]
Federal Transit Administration. A unit in the U.S.
Department ofTransportation responsible for increas
ing public-transit ridership through demonstration
projects and financial assistance. -Abbr. FTA.
Federal Unemployment Tax Act. The federal statute
requiring employers to remit taxes based on employ
ees' wages and salaries. 18 USCA  1201 et seq. -Abbr.
FUTA. [Cases: Internal Revenue C=>4351.]
federation. (18c) A league or union ofstates, groups, or
peoples united under a strong central authority but
retaining limited regional sovereignty, esp. over local
affairs. Cf. CONFEDERATION.
fed funds. See FEDERAL FUNDS RATE.
fed-funds rate. See FEDERAL FUNDS RATE.
Fed. R. App. P. abbr. FEDERAL RULES OF APPELLATE
PROCEDURE.
Fed. R. Bankr. P. abbr. FEDERAL RULES OF BANKRUPTCY
PROCEDURE.
Fed. R. Civ. P. abbr. FEDERAL RULES OF CIVIL PROCE
DURE.
Fed. R. Crim. P. abbr. FEDERAL RULES OF CRIMINAL
PROCEDURE.
Fed. Reg. abbr. FEDERAL REGISTER.
Fed. R. Evid. abbr. FEDERAL RULES OF EVIDENCE.
Fed Wire. The Federal Reserve's computer network
that allows nearly instantaneous domestic money and
securities transfers among the Federal Reserve's offices,
depository institutions, the U.S. Treasury, and other
government agencies. [Cases: Banks and Banking C=>
188.5.]
fee. (14c) 1. A charge for labor or services, esp. profes
sional services.
attorney's fees. See ATTORNEY'S FEES.
contingentfee. See CONTINGENT FEE.
docket fee. (1836) A fee charged by a court for filing
a claim.
expert-witness fee. A fee paid for the professional
services ofan expert witness. [Cases: Costs C=> 187.]
fixed fee. (18c) 1. A flat charge for a service; a charge
that does not vary with the amount of time or effort
required to complete the service. 2. In a construction
contract, a predetermined amount that is added to
costs for calculating payments due under the contract.
[Cases: Contracts C=>231(1).]
franchise fee. (1894) 1. A fee paid by a franchisee to a
franchisor for franchise rights . Franchise fees are
regulated by state laws. 2. A fee paid to the govern
ment for a government grant of a franchise, such as
the one required for operating a radio or television
station. [Cases: Telecommunications C=>798, 1215.] juryfee. (1806) A fee, usu. a minimal one, that a party
to a civil suit must pay the court clerk to be entitled
to a jury trial. [Cases: Jury C=>26.]
loan-origination fee. A fee charged by a lender to cover
the administrative costs of making a loan.
maintenance fee. See MAINTENANCE FEE.
management fee. A fee charged by an investment
manager for supervisory services.
origination fee. (1921) A fee charged by a lender for pre
paring and processing a loan. [Cases: Usury C=>53.]
probate fee. Compensation paid with a probate court's
approval to an attorney who performs probate-related
services to the estate. [Cases: Executors and Admin
istrators C=>216(2).]
success fee. A bonus paid to a representative who
performs exceptionally well in gaining favorable
results; esp., a bonus that a client pays to an attorney if
the attorney obtains something ofvalue to the client.
 For instance, a client might agree to pay a success
fee for success in litigation, for favorable negotiations
in a transaction, or for the successful conclusion of
a corporate merger, acquisition, or loan. See CONDI
TIoNAL FEE AGREEMENT. [Cases: Attorney and Client
C=>130,143.]
witness fee. 1. A statutory fee that must be tendered with
a subpoena for the subpoena to be binding. [Cases:
Witnesses C=>23.] 2. A fee paid by a party to a witness
as reimbursement for reasonable expenses (such as
travel, meals, lodging, and loss of time) incurred as
a result of the witness's having to attend and testify
at a deposition or trial.  Any other payment to a
nonexpert witness is considered unethical. -Also
termed (in English law) conduct money. Cf. expert
witness fee.
2. A heritable interest in land; esp., a fee simple
absolute. -Also termed fee estate; feod; feodum; feud;
feudum;fief See FEE SIMPLE. Cf. FEU. [Cases: Estates in
Property C=>5-7.]
"To enfeoff someone was to transfer to him an interest in
land called a fief -or, if you prefer, a feoff, feod, or feud.
Our modern word fee, a direct lineal desc


ief -or, if you prefer, a feoff, feod, or feud.
Our modern word fee, a direct lineal descendant of fief,
implies the characteristic of potentially infinite duration
when used to describe an interest in land today; but in the
earliest part of the feudal period, a fiefmight have been as
small as a life interest. We shall see later that feoffment was
not used to transfer interests 'smaller' than life interests
e.g., so-called terms for years -but for our purposes now
we may simply note that transfers of interests for life or
'larger' were accomplished by livery of seisin." Thomas F.
Bergin & Paul G. Haskell, Preface to Estates in Land and
Future Interests 11 (2d ed. 1984).
arriere fee (ar-ee-air or ar-ee-;Jr). Hist. A fee dependent
on a superior one; a subfief. -Also termed arriere
fief
base fee. (16c) A fee that has some qualification con
nected to it and that terminates whenever the qual
ification terminates. An example of the words
creating a base fee are "to A and his heirs, tenants of
the manor of Tinsleydale," which would terminate
when A or his heirs are no longer tenants ofthe manor

691
of Tinsleydale. Among the base fees at common law
are the fee simple subject to a condition subsequent
and the conditional fee. -Also termed determinable
fee; qualified fee; limited fee. Seefee simple determin
able under FEE SIMPLE.
"A base fee is a particular kind of determinable fee, The two
essentials of a base fee are (a) it continues only so long as
the original grantor or any heirs of his body are alive; and
(b) there is a remainder or reversion after it, , , , In effect
a base fee was a fee simple which endured for as long as
the entail would have continued if it had not been barred,
and determined when the entail would have ended," Robert
E, Megarry & M,P. Thompson, A Manual of the Law of Real
Property 38-40 (6th ed. 1993),
determinable fee. See base fee.
fee expectant. Rare. A fee tail created when land is
given to a man and wife and the heirs oftheir bodies.
See FRANKMARRIAGE.
fee simple. See FEE SIMPLE.
fee tail. See FEE TAIL.
great fee. Hist. In feudal law, a fee received directly
from the Crown.
knight'sfee. See KNIGHT'S FEE.
layfee. Hist. A fee interest in land held by ordinary
feudal tenure, such as socage, rather than byeccle
siastical tenure through frankalmoin. See FRA~KA
LMOIN; SOCAGE.
limited fee. See base fee.
plowman's fee. Rist. A species of tenure for peasants or
small farmers by which the land descended in equal
shares to all the tenant's sons.
qualified fee, See base fee.
quaSi-fee. Hist. An estate in fee acquired wrongfully.
fee damages. See DAMAGES.
feeder organization. Tax. An entity that conducts a
business or trade for the benefit of a tax-exempt orga
nization . The feeder organization is not tax-exempt.
IRC (26 USCA)  502. [Cases: Internal Revenue C:=>
4067.]
fee estate. See FEE (2).
fee farm. Rist. A species of tenure in which land is held
in perpetuity at a yearly rent (fee-farm rent), without
fealty, homage, or other services than those in the
feoffment. Also termed feodi firma;firma feodi. See
EMPHYTEUSIS.
"Now to all appearance the term socage, a term not found
in Normandy, has been extending itself upwards; a name
appropriate to a class of cultivating peasants has begun to
include the baron or prelate who holds land at a rent but
is not burdened with military service. , , . He is sometimes
said to have feodum censuale: far more commonly he is
said to hold 'in fee farm.' This term has difficulties of its
own, for it appears in many different guises; a feoffee is
to hold in feofirma, in fel,lfirmam, in fedfirmam, in feudo
firmam, in feudo firma, ad firmam feadalem, but most
commonly, in feadi firma. The Old English language had fee simple
whatever may be the precise history of the phrase, to hold
in fee farm means to hold heritably, perpetually, at a rent;
the fee, the inheritance, is let to farm." 2 Frederick Pollock
& Frederic W. Maitland, The History of English Law Before
the Time Of Edward' 293 (2d ed. 1899).
fee-farm rent. See RENTCHARGE.
fee interest. 1. See FEE. 2. See FEE SIMPLE. 3. See FEE TAIL.
4. Oil & gas. Ownership of both the surface interest and
the mineral interest.
feemail (fee-mayl). (1994) Slang. 1. An attorney's fee
extorted by intimidation, threats, or pressure. 2. The
act or process of extorting such a fee. Cf. BLACKMAIL
(1); GRAYMAIL; GREENMAIL (I), (2).
fee-sharing. See FEE SPLITTING.
fee-shifting, n. The transfer of responsibility for paying
fees, esp. attorney's fees, from one party to another. See
AMERICAN RULE (1); ENGLISH RULE. [Cases: Internal
Revenue C:=>4351.j
fee simple. (l5c) An interest in land that, being the
broadest property interest allowed by law, endures
until the current holder dies without heirs; esp., a fee
simple absolute. -Often shortened to fee. -Also
termed estate in fee simple; tenancy in fee; fee-Simple
title; exclusive ownership;feudum simplex. See AND HIS
HEIRS. [Cases: Estates in Property~--:;5-7.1
"[Fee simple] is a term not likely to be found in modern
conversation between laymen, who would in all probabil
ity find it quite unintelligible, Yet to a layman of the 14th
century the term would have been perfectly intelligible,
for it refers to the elementary social relationship of feudal,
ism with which he was fully familiar: the words 'fee' and
'feudal' are closely related ... , The estate in fee simple
is the largest estate known to the law, ownership of such
an estate being the nearest approach to ownership of the
land itself which is consonant with the feudal principle of
tenure, It is 'the most comprehensive estate in land which
the law recognises'; it is the 'most extensive in quantum,
and the most absolute in respect to the rights which it
confers, of all estates known to the law', Traditionally, the
fee simple has two distinguishing features: first, the owner
('tenant' in fee simple) has the power to dispose of the fee
simple, either inter vivos or by Will; second, on intestacy
the fee simple descends, in the absence of lineal heirs, to
collateral heirs to a brother, for example, if there is no
issue," Peter Butt, Land Law 35 (2d ed. 1988).
"Fee simple. Originally this was an estate which endured for
as long as the original tenant or any of his heirs survived.
'Heirs' comprised any blood relations, although originally
ancestors were excluded; not until the Inheritance Act 1833
could a person be the heir of one of his descendants. Thus
at first a fee simple would terminate ifthe original tenant
died without leaving any descendants or collateral blood
relations (e.g., brothers or cousins), even if before his death
the land had been conveyed to another tenant who was still
alive, But by 1306 it was settled that where a tenant in fee
simple alienated the land, the fee simple would continue
as long as there were heirs of the new tenant and so on,
irrespective of any failure of the original tenant's heirs,
Thenceforward a fee simple was Virtually eternal." Robert
E. Megarry & M.P. Thompson, A Manual of the Law of Real
Property 24-25 (6th ed. 1993),
both of the words of which this term is compounded, both fee simple absolute. (lSc) An estate of indefinite orfeah (property) and feorm (rent); but so had the language potentially infinite duration (e.g., "to Albert and his of France, and in Norman documents the term may be
found in various shapes, firmam fedium, feudifirmam. But, heirs"), Often shortened to fee simple or fee.

692 fee-simple title
Also termed fee simple absolute in possession. [Cases:
Estates in Property (;::=>5.)
"Although it is probably good practice to use the word
'absolute' whenever one is referring to an estate in fee
simple that is free of special limitation, condition subse
quent. or executory limitation, lawyers frequently refer to
such an estate as a 'fee simple' or even as a 'fee.'" Thomas
F. Bergin & Paul G. Haskell, Preface to Estates in Land and
Future Interests 24 (2d ed. 1984).
fee simple conditional. (l7c) An estate restricted to
some specified heirs, exclusive of others (e.g., "to
Albert and his female heirs"). -The fee simple con
ditional is obsolete except in Iowa, Oregon, and South
Carolina. -Also termed general fee conditional; COIl
ditionalfee. [Cases: Estates in Property (;::=>7.]
"The reader should be careful not to confuse this estate
with estates having similar labels, such as the 'estate in fee
simple subject to a condition subsequent' ...." Thomas
F. Bergin & Paul G. Haskell, Preface to Estates in Land and
Future Interests 29 n.19 (2d ed. 1984).
fee simple defeasible (di-fee-z<l-b<ll). (I8c) An estate
that ends either because there are no more heirs of
the person to whom it is granted or because a special
limitation, condition subsequent, or executory limita
tion takes effect before the line of heirs runs out.
Also termed defeasible fee simple; qualified fee. [Cases:
Estates in Property (;::=>6.]
fee simple determinable. (18c) An estate that will
automatically end and revert to the grantor ifsome
specified event occurs (e.g., "to Albert and his heirs
while the property is used for charitable purposes");
an estate in fee simple subject to a special limitation.
_ The future interest retained by the grantor is called
a possibility ofreverter. -Also termed determinable
fee; qualified fee;fee simple subject to common-law
limitation;fee Simple subject to speciallimitation;fee
simple subject to special interest; base fee; estate on
limitation. [Cases: Estates in Property (;::=>6.]
"In theory, it should be easy to determine whether an
instrument creates a fee simple determinable or a fee
simple subject to a condition subsequent. If the instrument
includes a special limitation (introduced by words such as
'so long as' or 'until') it creates a fee simple determinable,
whether or not it also includes an express reverter clause.
If the instrument includes an express condition or proviso
('on condition that' or 'provided that') and an express right
to re-enter for breach of the stated condition, it creates a
fee simple subject to a condition subsequent. But deeds
and wills often fail to employ the appropriate words to
create one of the twO types of defeasible estate or the
others. Instead deeds and wills often contain a confusing
mixture of words appropriate for creation of both types of
defeasible estate." William B. Stoebuck & Dale A. Whitman,
The Law of Property 43 (3d ed. 2000).
fee simple subject to a condition subsequent. (1874) An
estate subject to the grantor's power to end the estate
if some specified event happens (e.g., "to Albert and
his heirs, upon condition that no alcohol is sold on
the premises"). _ The future interest retained by the
grantor is called a power oftermination (or a right of
entry). -Also termed fee simple on a condition sub
sequent; fee simple subject to a power oftermination;
fee simple upon condition. [Cases: Estates in Property
C~:::07.] fee simple subject to an executory limitation. (1856)
A fee simple defeasible that is subject to divestment
in favor ofsomeone other than the grantor ifa speci
fied event happens (e.g., "to Albert and his heirs, but
if the property is ever used as a parking lot, then to
Bob"). Also termed fee simple subject to an execu
tory interest. [Cases: Estates in PropertyC=6.]
fee simple subject to a power oftermination. See fee
simple subject to a condition subsequent.
fee simple subject to common-law limitation. See fee
simple determinable.
fee simple subject to special interest. See fee simple
determinable.
fee simple subject to special limitation. See fee simple
determinable.
fee simple upon condition. See fee simple subject to a
condition subsequent.
fee-simple title. See FEE SIMPLE.
fee-splitting. I. The division ofattorney's fees between
two or more lawyers, esp. between the lawyer who
handled a matter and the lawyer who referred the
matter. _ Some states consider this practice unethi
cal. 2. The division of attorney's fees between two or
more lawyers who represent a client jointly but are not
in the same firm. -Under most states' ethics rules,
an attorney is prohibited from splitting a fee with a
nonlawyer. Also termed fee-sharing; division offees.
[Cases: Attorney and Client (;::=> 151.]
fee statement. A lawyer's bill for services either already
rendered or to be rendered, usu. including itemized
expenses.
fee tail. (15e) An estate that is heritable only by specified
descendants of the original grantee, and that endures
until its current holder dies without issue (e.g., "to
Albert and the heirs ofhis body"). -Most jurisdic
tions except Delaware, Maine, Massachusetts, and
Rhode Island have abolished the fee tail. -Also
termed entailed estate; estate tail; estate in tail; estate
in fee tail; tenancy in tail; entail;feodum talliatum. See
ENTAIL; TAIL. [Cases: Estates in PropertyC=:


entail;feodum talliatum. See
ENTAIL; TAIL. [Cases: Estates in PropertyC=: 12.]
"The old estate tail was throughout its history invari
ably with family settlements, and in particular
with marriage settlements .... Medieval landowners sought
to achieve [familial continuity and status] by perfecting a
single estate which in itself would conform to three require
ments: (1) While it should be an estate of inheritance it
should devolve on lineal heirs only, and not on collater
als in other words that it should descend only to the
heirs ofthe body of the first (2) As a corollary, the
estate should be such that at any time the first grantee's
issue should fail the estate itself should come to an end
and the land revert to the original settlor or his heirs. (3)
No owner of the estate for the time being should have
power to dispose of the land in such a way as to prevent it
descending on his death to the next heir of the body of the
original grantee. All this was attempted by limiting land,
not to 'A and his heirs,' which would give A a fee simple,
but to 'A and the heirs ofhis body.'" 1 Stephen's Commen
taries on the Laws of Eng/and 150 (L. Crispin Warmington
ed., 21st ed. 1950).

"If we cannot resist the temptation to say that De Donis per
mitted the creation of tailormade estates, we can at least
argue that it is not a pun. Our word 'tailor' and the word
'tail,' as used in 'fee tail,' come from the same source -the
French tailler, to cut. The word 'tail' in 'fee tail' has nothing
to do with that which wags the dog. The estate in fee tail
was a cut estate -either cut in the sense that the collateral
heirs were cut out, or cut in the sense that the estate was
carved into a series of discrete life possession periods to
be enjoyed successively by A and his lineal heirs .... We
know of no state in the United States that recognizes the
estate in fee tail in its strict 1285-1472 form. Wherever it is
recognized, the tenant in tail in possession may disentail
it by simple deed." Thomas F. Bergin & Paul G. Haskell,
Preface to Estates in Land and Future Interests 30, 32 (2d
ed.1984).
fee tail general. A fee tail that is heritable by all of the
property owner's issue by any spouse . Formerly, a
grant "to A and the heirs of his body" created a fee tail
general. [Cases: Estates in Property (;:::12.J
fee tail special. A fee tail that restricts the eligibility
of claimants by requiring a claimant to prove direct
descent from the grantee and meet the special con
dition in the grant.  For example, the words "to A
and the heirs of his body begotten on his wife Mary"
meant that only descendants of A and Mary could
inherit; !\s children by any other wife were excluded.
An estate tail special could also be restricted to only
male or only female descendants, as in "to A and the
heirs male of his body." [Cases: Estates in Property
12.J
feign (fayn), vb. (Be) To make up or fabricate; to make a
false show of <he feigned an illness>.
feigned, adj. Pretended; simulated; fictitious.
feigned accomplice. See INFORMANT.
feigned action. Hist. An action brought for an illegal
purpose on a pretended right. Also termed faint
action;false action.
feigned issue. Hist. A proceeding in which the parties, by
consent, have an issue tried by a jury without actually
bringing a formal action . The proceeding was done
when a court either lacked jurisdiction or was unwill
ing to decide the issue. Also termed fictitious issue.
'The chancellor's decree is either interlocutory or final. It
very seldom happens that the first decree can be final, or
conclude the cause; for, if any matter of fact is strongly
controverted, this court is so sensible of the deficiency
of trial by written depositions, that it will not bind the
parties thereby, but usually directs the matter to be tried
by jury .... But, as no jury can be summoned to attend this
court, the fact is usually directed to be tried at the bar of
the court of king's bench or at the assises, upon a feigned
issue. For. (in order to bring it there, and have the point in
dispute, and that only, put in issue) an action is feigned
to be brought, wherein the pretended plaintiff declares
that he laid a wager of 51. with the defendant that A was
heir at law to B; and then avers that he is so; and there
fore demands the 51. The defendant allows the wager, but
avers that A is not the heir to B; and thereupon the issue is
joined. , .. These feigned issues seem borrowed from the
sponsio judicialis of the Romans: and are also frequently feigned recovery. See COMMON RECOVERY.
FEIN. abbr. See TAX-IDENTIFICATION NUMBER.
Feist doctrine. (1991) Copyright. The rule that "sweat of
the brow" will not support U.S. copyright protection
in an unoriginal collection offacts. Feist Pubs. v. Rural
Tel. Servo Co., 499 U.S. 340, IllS. Ct. 1282 (1991). Cf.
SWEAT-OF-THE-BROW DOCTRINE. [Cases: Copyrights
and Intellectual Property e:-~12(2).]
FELA (fee-I;)). abbr. FEDERAL EMPLOYERS' LIABILITY
ACT.
fele (feel). [Law French] See FEAL.
fellow, n. l. One jOined with another in some legal status
or relation. 2. A member of a college, board, corporate
body, or other organization.
fellow-officer rule. (1971) Criminal procedure. The prin
ciple that an investigative stop or an arrest is valid even
ifthe law-enforcement officer lacks personal knowledge
to establish reasonable suspicion or probable cause as
long as the officer is acting on the knowledge ofanother
officer and the collective knowledge ofthe law-enforce
ment office. Also termed Whiteley rule; collective
knowledge rule. [Cases: Arrest C=>63.4(1l}.]
fellow servant. A coworker having the same employer;
esp., an employee who is so closely related to another
employee's work that there is a special risk of harm if
either one is negligent. See FELLOW-SERVANT RULE;
DIFFERENT-DEPARTMENT RULE.
superior fellow servant. A worker that has the power of
control or direction over a coworker. Also termed
superior servant.
fellow-servant rule. (1905) A common-law doctrine
holding that an employer is not liable for an employee's
injuries caused by a negligent coworker . This doctrine
has generally been abrogated by workers' -compensa
tion statutes. In some jurisdictions, employees were
considered fellow servants when they were working
with one aim or result in view. In others, the relation
of fellow servant was tested by the" doctrine of vice
principal" or the "superior-servant rule," meaning that
an employer is liable for injuries to an employee ifthey
result from the negligence of another employee who
is given power of control or direction over the injured
employee. Also termed common-employment
doctrine. Cf. DIFFERENT-DEPARTMENT RULE. [Cases:
Labor and Employment C=>2921.J
felo-de-se (fee-loh or fel-oh dee see), n. (17c) See SUICIDE
(2). PI. felones de se.
"'Felo de Sl!.,' or felon of himself is freely spoken of by the
early writers as selfmurder. Hence one who killed himself
before he arrived at the age of discretion or while he was
non compos mentis, was not a felo de se, or suicide ....
[Bly the early common law suicide was a felony and was
punished by ignominious burial and forfeiture of goods
and chattels to the king." Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 120 (3d ed. 1982).
used in the courts of law, by consent of the parties, to felon, n. (l3c) A person who has been convicted of a
determine some disputed rights without the formality of felony. Also termed (redundantly) convicted felon. pleading .... 3 William Blackstone, Commentaries on the
Laws ofEngland 452 (1768). felon-de-se. See SUICIDE (2).

felonia (f;l-loh-nee-;.:,). [Latin "felony"} Hist. An offense
that results in a vassal's forfeiting his fee.
"The attempt to derive felonia from fel 'poison' is merely
a folk etymology which came into vogue when 'felony'
meant a serious crime, and differed from treason. The
word was well established in Feudal Law as the character
istic offense against the Feudal relationship. It will hardly
do, therefore, to try to determine its meaning merely by
reference to English usage ...." Max Radin, Handbook of
AngloAmerican Legal History 148 n.7 (1936).
felonious (f;.:,-loh-nee-;.:,s), adj. (l6c) 1. Of, relating to, or
involving a felony. 2. Constituting or having the char
acter ofa felony. 3. Proceeding from an evil heart or
purpose; malicious; villainous. 4. Wrongful; (of an act)
done without excuse or color of right.
felonious assault. See ASSAULT.
felonious homicide. See HOMICIDE.
felonious intent. See criminal intent under INTENT (1).
felonious restraint. (1971) 1. The offense of knowingly
and unlawfully restraining a person under circum
stances that expose the person to serious bodily harm.
Model Penal Code  212.2(a). 2. The offense ofholding
a person in involuntary servitude. Model Penal Code
212.2(b). [Cases: False Imprisonment
felon ofoneself. See SUICIDE (2).
felony, n. (l4c) 1. A serious crime usu. punishable by
imprisonment for more than one year or by death.
Examples include burglary, arson, rape, and murder.
Also termed major crime; serious crime. Cf. MISDE
MEANOR. [Cases: Criminal Law
"Felony, in the general acceptation of our English law, com
prizes every species of crime, which occasioned at common
law the forfeiture of lands or goods." 4 William Blackstone,
Commentaries on the Laws of England 94 (1769).
"Amongst indictable crimes, the common law singled
out some as being so conspicuously heinous that a man
adjudged gUilty of any of them incurred not as any
express part of his sentence but as a consequence that
necessarily ensued upon it ~ a forfeiture of property,
whether of his lands or of his goods or of both (in the case
of treason). Such crimes came to be called 'felonies.' The
other, and lesser, crimes were known as 'transgressions' or
'trespasses,' and did not obtain their present name of mis
demeanours until a much later date. A felony is, therefore,
a crime which either involved by common law such a forfei
ture, or else has been placed by statute on the footing of
those crimes which did involve it." J.W. Cecil Turner, Kennv's
Outlines ofCriminal Law 93 (16th ed. 1952).
atrocious felony. (1814) Archaic. A serious, usu. cruel
felony involving personal violence. -The common
practice today is to refer to the specific type ofcrime
alleged (e.g., first-degree murder or aggravated sexual
assault).
serious felony. (1874) A major felony, such as burglary
of a residence or an assault that causes great bodily
injury. -In many jurisdictions, a defendant's prior
serious-felony convictions can be used to enhance
another criminal charge. [Cases: Sentencing and Pun
ishment (;:::c 1254, 1276.J
substantive felony. See substantive offense under
OFFENSE (1). treason felony. See TREASON FELONY.
violent felony. See violent offense under OFFENSE (1).
2. Hist. At common law, an offense for which convic
tion results in forfeiture of the defendant's lands or
goods (or both) to the Crown, regardless of whether
any capital or other punishment is mandated. -At
early common law, the term felony included any offense
for which a defendant who fled before trial could be
summarily convicted, attainted, and outlawed, or that
carried a right of appeal after conviction. Although
treason carried the same penalties as a common-law
felony, it was usu. defined as a separate class ofcrime.
3. Hist. Feudal law. A grave act that resulted in the for
feiture ofland granted by a superior.
felony-de-se. See SUICIDE (1).
felony injury to a child. The act ofcausing or allowing a
child to suffer in circumstances likely to produce great
bodily harm or death, or inflicting unjustifiable pain
or mental suffering in those circumstances. [Cases:
Infants <8= l3.)
felony murder. See MURDER.
felony-murder rule. (1943) The doctrine holding that
any death resulting from the commission or attempted
commission of a felony is murder. -Most states restrict
this rule to inherently dangerous felonies such as rape,
arson, robbery, and burglary. Cf. MISDEMEANOR-MAN
SLAUGHTER RULE. [Cases: Homicide
"[Ilt seems fair to suggest that the future of felony murder
is uncertain. England, where the doctrine originated,
has abolished it. The Model Penal Code recommends its
abolition except for the purpose of creating a rebuttable
presumption of malice for killings perpetrated during
the course of a felony. Although most states have not yet
adopted this pOSition, many


killings perpetrated during
the course of a felony. Although most states have not yet
adopted this pOSition, many of the judicial limitations on
felony murder discussed above seem to insure that in many
states it will be an unusual case in which one is convicted
of felony murder, who absent this doctrine, would not have
been convicted of murder." Arnold H. Loewy, Criminal Law
in a Nutshell 46 (2d ed. 1987).
FEMA. abbr. FEDERAL EMERGENCY MANAGEMENT
AGENCY.
female genital mutilation. (1979) 1. Female circumci
sion. 2. The act ofcutting, or cutting off, one or more
female sexual organs. _ Female genital mutilation is
practiced primarily among certain tribes in Africa, but
it also occurs among some immigrant populations in
the United States and in other Western nations. 'Ihere
are three commonly identified types: sunna, in which
the hood of the clitoris is cut off; excision, in which
the entire clitoris is cut off; and infibulation, in which
the clitoris, the labia minora, and much of the labia
majora are cut off. In the United States, Congress has
outlawed female genital mutilation, specifically prohib
iting the use ofa cultural defense for persons accused
of performing the act. 18 USCA  16. Abbr. FGM.
See CULTURAL DEFENSE. [Cases: Aliens, Immigration,
and Citizenship <8=533.]
fem-crit. See CRIT.

695
feme (fern), n. (16c) [Law French] Archaic. 1. A woman.
2. A wife. -Also spelled femme.
feme covert (fern k;}v-;)rt). [Law French "covered
woman"] Archaic. A married woman. _ The notion,
as Blackstone put it, was that the husband was the
one "under whose wing, protection, and cover, she
performs every thing." 1 William Blackstone, Com
mentaries on the Law of England 430 (1766). See
COVERTURE.
feme sole (fern sohl). [Law Prench) Archaic. 1. An
unmarried woman. 2. A married woman handling
the affairs of her separate estate. Also termed (in
sense 2) feme sole trader;feme sole merchant.
femicide (fem-;)-sId). (l9c) 1. The killing ofa woman. 2.
One who kills a woman.
feminist jurisprudence. See JURISPRUDENCE.
femme. See FEME.
fence, n. (14c) 1. A person who receives stolen goods,
usu. with the intent to sell them in a legitimate market.
[Cases: Receiving Stolen Goods C=:::4.]
''The receivers of stolen goods almost never 'know' that
they have been stolen, in the sense that they could testify to
it in a courtroom. The business could not be so conducted,
for those who sell the goods the 'fences' must keep
up a more respectable front than is generally possible for
the thieves." United States v, Wernet', 160 F.2d 438, 441-42
(2d eir. 1947).
''The typical 'fence' takes over the stolen property and pays
the thief a price. He purports to 'buy' the goods from the
thief." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
395 (3d ed. 1982).
2. A place where stolen goods are sold. See RECEIVING
STOLEN PROPERTY. 3. LAWFUL FENCE. 4. Scots law. The
formal warning to not interrupt or obstruct judicial or
legislative proceedings. 5. Scots law. A penalty of for
feiture prescribed in a statute or a contract.
fence, vb. 1. To sell (stolen property) to a fence. 2. Scots
law. To open (a legislative or judicial sitting) by warning
persons against obstructing or interrupting the legisla
ture or court. 3. Scots law. To threaten with forfeiture
as a consequence ofviolating a law or breaching a con
tractual promise.
fence-month. Hist. The summer fawning season when
it was unlawful to hunt deer. Also termed defense-
month.
fencing patent. See PATENT (3).
feneration (fen-J-ray-sh;)n). (16c) Hist. 1. The act or
practice oflending money with interest. 2. USURY.
fenus (fen-as), n. [Latin] Roman law. Simple interest.
fenus nauticum. See :'ilAUTICUM FEN us.
feod (fyood). 1. See FEE (2). 2. See FEUD.
feodal (fyoo-dJI), adj. See FEUDAL.
feodal action. See FEUDAL ACTION.
feodality (fyoo-dal-;)-tee). See FEALTY.
feodal system. See FEUDALISM. feoffer
feodarum consuetudines (fee-;)-dair-;)m [or fyoo
dair-Jm] kon-sw;)-t[y]oo-dJ-neez). See FEUOARAM
CONSUETUDINES.
feodary (fyoo-d;)-ree). (ISc) Hist. An officer ofthe Court
ofWards who traveled with the escheator from county
to county in order to receive royal rents and estimate
the value ofland tenures for the Crown. See COURT OF
WARDS A:'ilD LIVERIES.
feodatory (fyoo-da-tor-ee). See FEUDATORY.
feodifirma (fee-;)-dr or fyOO-dI f<lr-m;). See FEE FARM.
feodi firmarius (fee-a-dl orfyoo-dI f;)r-mair-ee-as). Hist.
The tenant ofa fee farm.
feodum (fee-;)-d;)m or fyoo-d;)m). [Law Latin] Hist. 1. A
fee; a heritable estate.
"Feodum ... A fee; the same as feudum. This is the word
uniformly employed by Glanville and Bracton to denote
an estate of inheritance, and an estate held of another by
service, instead of feudum, which is invariably used by
the continental feudists." 1 Alexander M. Burrill, A Law
Dictionary and Glossary 615 (2d ed. 1867).
2. Part of a lord's estate held by a tenant (Le., a sei
gniory). See SEIGNIORY (2). 3. A payment for services
rendered.
feodum antiquum. See feudum antiquum under
FEUDUM.
feodum apertum. See feudurn apertum under FEUDUM.
feodum laicum. Seefeudum laicum under FEUDUM.
feodum militis (fee-;)-dJm or fyoo-dam mil-a-tis). Hist.
A knight's fee. Also termedfeodum militare.
feodum nobile (fee-J-d;)m or fyoo-dam noh-b<'l-lee). See
feudum nobile under FEUDUM.
feodum novum (fee-;)-d;)m or fyoo-d;)m noh-v;)m). See
feudum novum under FEUDUM.
feodum simplex (fee-a-d;)m or fyoo-d;lm sim-pleks). A
fee simple.
feodum talliatum (fee-;)-d;)m or fyoo-d;lm tal-ee-ay
t;)m). A fee tail. Also spelledfeudum talliatum.
feoff (fef or feef), vb. See ENFEOFF.
feoffamentum (fee-[;)]-f;)-men-tJm). [Law Latin] Hist.
See FEOFFMENT.
feoffare (fee-[;)]-fair-ee), vb. [Law Latin) Hist. See
ENFEOFF.
feoffator (fee-[;)]-fay-t;)r). [Law Latin] Hist. See
FEOFFOR.
feoffatus (fee-[;)]-fay-t;)s). [Law Latin] Hist. See
FEOFFEE.
feoffee (fef-ee or feef-ee). (ISc) The transferee ofan estate
in fee simple; the recipient ofa fief.
feoffee to uses. Hist. A person to whom land is conveyed
for the use of a third party (called a cestui que use);
one who holds legal title to land for the benefit of
another. See CESTUI QUE USE; GRANT TO USES. Cf.
TRUSTEE (I).
feoffer. See FEOFFOR.

696 feoffment
feoffment (fef-mant or feef-mant). (I4c) Hist. 1. The act
of conveying a freehold estate; a grant of land in fee
simple. -Also termed feoffment with livery ofseisin.
2. The land so granted. 3. The charter that transfers the
land. Also termed deed offeoffment. [Cases: Deeds
feoffment to uses. An enfeoffment of land to one person
for the use of a third party.  The feoffee was bound
in conscience to hold the land according to the pre
scribed use and could derive no benefit from the
holding.
"Conveyances of freehold land could originally be made
only by a feoffment with livery of seisin. This was a solemn
ceremony carried out by the parties entering on the land,
and the feoffor, in the presence of witnesses, delivering
the seisin to the feoffee either by some symbolic act,
such as handing him a twig or sad of earth, or by uttering
some words such as 'Enter into this land and God give you
joy' and leaving him in possession of the land." Robert E.
Megarry & HW.R. Wade, The Law ofReal Property 47 (5th
ed,1984),
feoffment with livery ofseisin. See FEOFFMENT (1).
feoffor (fef-or feef-ar or -or). The transferor ofan estate
in fee simple. Also spelled feoffer.
feorme (farm). Hist. A portion of the land's produce
owed by the grantee to the lord according to the terms
of a charter.
ferae bestiae (feer-ee bes-tee-ee). [Latin] Roman law.
Wild beasts . Since a wild animal belonged to no one
(res nullius), its captor acquired ownership by occupa
tio. See OCCIJPATIO.
ferae naturae (feer-ee m-tyoor-ee). [Latin "of a wild
nature"]t. adj. (Of animals) wild; untamed; undomes
ticated. 2. n. Wild animals. See RULE OF CAPTURE (2).
feral animal. See ANIMAL.
FERC (brk). abbr. FEDERAl. ENERGY REGULATORY COM
MISSION.
FERC-out clause. Oil & gas. A provision in a contract to
sell natural gas specifying that if a regulatory agency
does not allow the price paid to the producer to be
passed on to consumers, either the contract price will
be reduced accordingly or the contract will be termi
nated. -Also termed regulatory-out clause.
ferdella terrae (far-del-a ter-ee). [Latin] His/. 1. Ten acres
ofland. 2. A yard-land (twenty acres).
ferdfare (fard-fair), n. [fr. Saxonfird "military service" +
fare "a going"] Hist, 1. A summons to military service.
2. An exemption from military service. -Also spelled
firdfare; fyrdfare.
ferdingus (far-ding-gds). Hist. A freeman of the lowest
class.
Feres doctrine (feer-is or feer-eez or fer-ez). Torts. The
rule that a member of the military is barred from
recovering damages from the United States on a claim
brought under the Federal Tort Claims Act for injuries
sustained in military service. Feres v. United States, 340
U.S. 135,71 S.Ct. 153 (1950). -Also termed Feres rule. See ACTIVITY INCIDENT TO SERVICE. [Cases: United
States C=-78(16).]
feria (feer-ee-a), n. [Law Latin] Hist. 1. A weekday. 2.
A holiday. 3. See ferial day under DAY. 4. A fair. 5. A
ferry.
feriae (feer-ee-I), n. pl. [Latin] Roman law. Religious and
public holidays on which Romans suspended politics
and lawsuits, and on which slaves enjoyed a partial
break from labor.
ferial day. See DAY.
ferlingum. See FURLONG.
ferlingus. See FURLONG.
ferm. See FARM.
fermer. [Law French] Hist. 1. A lessee, esp. one who
holds lands for agricultural purposes. 2. One who holds
something (such as land or an incorporeal right) by
the term.
FERPA. abbr. FAMILY EDUCATIONAL RIGHTS AND
PRIVACY ACT.
ferriage (fer-ee-ij). (14c) Hist. The toll or fare paid for
the transportation of persons or property on a ferry.
[Cases: Ferries C=-31.]
ferry, n. (bef. 12c) 1. A boat or vessel used to carry
persons or property across water, usu. with fixed ter
minals and short distances. [Cases: Ferries C=-2.] 2.
1he commercial transportation ofpersons or property
across water. [Cases: Ferries 3. The place where a
ferry passes across water, including the continuation of
the highway on both sides ofthe water. [Cases: Ferries
C=-3.] 4. The right, usu. exclusive, given by govern
ment franchise, to carry persons or property across
water for a fee. Also termed ferry franchise. [Cases:
Ferries
ferry, vb. To carry persons or property, usu. across water,
fora fee.
ferry franchise. See FERRY (4).


persons or property, usu. across water,
fora fee.
ferry franchise. See FERRY (4).
fertile-octogenarian rule. (1856) The legal fiction,
assumed under the rule against perpetuities, that a
woman can become pregnant as long as she is alive .
The case that gave rise to this fiction was lee v. Audley,
1 Cox 324, 29 Eng. Rep. 1186 (ch. 1787). See W. Barton
Leach, Perpetuities: New Hampshire Defertilizes Octo
genarians, 77 Rarv. 1. Rev. 729 (1963). -Also termed
presumption-ai-fertility rule.
"Suppose testator bequeaths in trust to pay the income to
A for her life, then to pay the income to the children of A
for their lives, and upon the death of the survivor of such
children, to pay the principal to the grandchildren of A. At
the time of the testator's death A is 79 years old, and she
has two children. Believe it or not, it has been held that
the remainder to the grandchildren of A is violative of the
rule against perpetuities and invalid. The law adopted the
conclusive presumption that every person is capable of
having children until the day he or she dies, as far as the
rule against perpetuities is concerned. Consequently, A
could have an additional child who would not be a life in
being at the testator's death, and that child could have a
child who would be born beyond the permissible period.
The result of this hypothesis is to invalidate the remainder

697 feud
to the grandchildren. This situation is sometimes referred
to as the case of the 'fertile octogenarian: Remember that
the class gift is invalid if it is possible that the interest of
anyone member of the class can violate the rule." Thomas
F. Bergin & Paul G. Haskell, Preface to Estates in Land and
Future Interests 188 (2d ed. 1984).
festing-man. Hist. A bondsman; a surety. See FRANK
PLEDGE.
festing-penny. Hist. Earnest, or payment, given to a
servant when hired.
festinum remedium (fes-tI-n;lm ri-mee-dee-;lm). [Latin]
Hist. A speedy remedy . It was used in cases, such as
actions for dower or assize, where the redress ofinjury
was given without unnecessary delay.
Festo doctrine. (2003) Patents. The rule that the vol
untary narrowing of a patent claim may give rise to
prosecution-history estoppel. Festo Corp. v. Shoketsu
Kinzoku Kogyo Kabushiki Co., 304 F.3d 1289 (Fed. Cir.
2003). [Cases: Patents (;::=c 168(2.2).]
festuca (fes-tyoo-b). Hist. A rod, staff, or stick used as
a pledge (or gage) ofgood faith by a party to a contract
or as a token of conveyance ofland. In Roman law,
a festuca was a symbol of ownership. Also termed
fistuca; vindicta. See LIVERY OF SEISIN.
"The wed or gage, however, was capable of becoming
a symbol; an object which intrinsically was of trifling
value might be given and might serve to bind a contract.
Among the Franks, whom we must regard as being for
many purposes our ancestors in law, it took the shape of
the festuca. Whether this transition from the 'real' to the
'formal' can be accomplished without the intervention of
sacral ceremonies seems doubtful. There are some who
regard the festuca as a stout staff which has taken the
place of a spear and is a symbol of physical power. Others
see in it a little bit of stick on which imprecatory runes
have been cut. It is hard to decide such questions, for,
especially under the influence of a new religion, symbols
lose their old meanings and are mixed up. Popular etymol
ogy confounds confusion." 2 Frederick Pollock & Frederic
W. Maitland, The History ofEnglish Law Before the Time of
Edward 1186 (2d ed. 1899).
festum (fes-t"m). [Latin] A feast-day, holiday, or
festival.
fetal alcohol syndrome. A variety of birth defects caused
by the mother's alcohol consumption during preg
nancy. The birth defects include facial abnormalities,
mental retardation, and growth deficiencies. -Abbr.
FAS. [Cases: Infants C::-'156, 179.]
fetiales (fee-shee-ay-leez), n. pl. Roman law. The order
of priests whose duties concerned international rela
tions and treaties, including the declaration of war and
peace. Also spelled feciales.
"Feciales [were] ... priests among the Romans, Etruscans,
and other ancient nations ofItaly, who acted as heralds
of peace and war. Their persons were sacred from injury
when engaged on any mission to a hostile state, as the
persons ofambassadors, and messengers, under a flag
of truce, are inviolate in the present time. Their duties
in some few particulars resembled those of the heralds
of the Middle Ages. The Roman feciales ... formed a
kind of college of heralds, instituted by Numa Pompil
ius, the second king of Rome, about 710 B.C" Beeton's Illustrated Dictionary ofReligion, Philosophy, Politics,
and Law 240 (ca. 1880).
fetiallaw (fee-sh;JI). (I6c) Roman law. A branch oflaw
concerned with matters (such as treaties, embassies,
and war declarations) affecting relations between
peoples or nations. Also spelled feciallaw. Also
termed jus fetiale.
feticide (fee-t;J-sld). (1842) 1. The act or an instance of
killing a fetus, usu. by assaulting and battering the
mother; esp., the act of unlawfully causing the death
of a fetus. 2. An intentionally induced miscarriage.
Also spelled foeticide. Also termed child destruction.
Cf. INFANTICIDE (1). feticidal, adj.
fetter, n. (usu. pl.) (bef. 12c) A chain or shackle for the
feet fetter, vb.
fettering of property. The act of making the disposi
tion or ownership of property more complex so that
those with separate interests must cooperate if they
are to handle their interests reasonably . Fettering of
property occurs whenever ownership is split into two
or more interests, as when present and future interests
are divided or when a tenancy in common is created.
[Cases: Perpetuities
fetus. (14c) A developing but unborn mammal, esp. in the
latter stages of development. -Also spelled foetus. Cf.
EMBRYO; ZYGOTE. [Cases: Abortion and Birth Control
(;::=c 106.J
feu (fyoo), n. [fro Law Latinfeudum "a fee"] (ISc) 1. A
right to land given to a person in exchange for service
to be performed. 2. Scots law. Land held by a vassal
in return for an annual payment in money, crops, or
services(called feu duty) .  This type of tenure was abol
ished in Scotland in 2000. 3. Scots law. A perpetual
grant ofland to be held in exchange for grain or money.
4. A perpetual lease for a fixed rent. 5. A piece of land
held under a perpetual lease for a fixed rent. Also
spelledfew. See FEE (2). feu, vb. -feu, adj.
"Feu; in Latin feudum, was used to denote the feudal-hold
ing, where the service was purely military; but the term has
been used in Scotland in contradistinction to ward-holding,
the military tenure of this country ... for, even in the purest
ages of the military system, innumerable instances are to
be found of grants of land in the feudal form, where the
vassal annually delivered Victual, or performed agricultural
services to his superior," William Bell, Bell's Dictionary and
Digest ofthe Law ofScotland 456 (George Watson ed., 7th
ed.1890).
feu, vb. Scots law. To grant (land) by feu.
feu annual. Scots law. The yearly return generated by
a feu.
feuar (fyoo-;Jr), n. (16c) Scots law. One who holds a feu. cr FEU; VASSAL.
feu charter. Scots law. The charter creating a feu
tenure.
feud, n. (I5c) Hist. 1. A heritable estate in land conveyed
from a feudal superior to a grantee or tenant, held on
the condition of rendering services to the superior.
"It is believed that the forms feud and fiefappear in England
but late in the day under the influence of foreign books;

feudal 698
they never became terms of our law. It is noticeable also
that feodum was constantly used in the sense that our fee
has when we speak of a lawyer's or doctor's fee; payments
due for services rendered, at least if they are permanent
periodic payments, are feoda; the judges, for example,
receive feoda, not salaries. The etymological problem pre
sented by the English fee seems no easy one, because at
the Conquest the would-be Latin feodum or feudum (the
d in which has puzzled philologists and does not always
appear in Domesday Book) is introduced among a people
which already has feoh as a word for property in general
and cattle in particular." 2 Frederick Pollock & Frederic W.
Maitland, The History of English Law Before the Time of
Edward 1236 n.2 (2d ed. 1899).
impartible feud. An indivisible feud; a feud not subject
to partition. See feudum individuum under FEUD.
improper feud. A nonmilitary feud; a feud that is base
or servile in nature.
"These were the principal, and very Simple, qualities of
the genuine or original feuds; being then all of a military
nature, and in the hands of military persons: though the
feudatories, being under frequent incapaCities of cultivat
ing and manuring their own lands, soon found it necessary
to commit part of them to inferior tenants.. . But this at
the same time demolished the ancient simplicity of feuds;
and an inroad being once made upon their constitution, it
subjected them, in a course of time, to great varieties and
innovations. Feuds came to be bought and sold, and devia
tions were made from the old fundamental rules of tenure
and succession; which were held no longer sacred, when
the feuds themselves no longer continued to be purely
military. Hence these tenures began now to be divided
into feoda propria et impropria, proper and improper
feuds ...." 2 William Blackstone, Commentaries on the
Laws of England 57-58 (1766).
proper feud. A feud based on military service.
2. The interest of the tenant in the land conveyed. 3.
The land itself conveyed. -Also termed (in senses 1,
2 & 3) fee;fief;feod;feude;feudum. 4. An enmity or
private war existing between families or dans, esp. as
a result ofa murder.
"Where wrong done to an individual is not regarded as
an injury to the entire tribe, the wrongdoer is out of the
peace only as regards the wronged party and his kin. The
situation created by such wrongful deed is feud (Anglo
Saxon foehth, Latin (aida). The root meaning of the word
is 'hatred.' Feud is legally sanctioned hostility. The recog
nition of feud by the law is found in the fact that revenge
taken in lawful feud is not a breach of the peace. It is not
a wrongful deed. It furnishes no basis for any claim for
fine or punishment. The man slain in lawful feud is not
to be avenged nor has compensation to be paid for his
slaying." Munroe Smith, The Development ofEuropean Law
29 (1928).
blood feud. A state of hostility between fa mil ies in
which one family seeks to avenge the killing of one of
its members by killing a member of the other family.
See VE~DETTA.
"AngloSaxon polity preserved, even down to the Norman
Conquest, many traces of a time when kinship was the
strongest of all bonds. Such a stage of society, we hardly
need add, is not confined to anyone region of the world
or anyone race of men .... When it puts on the face of
strife between hostile kindreds, it is shown in the war of
tribal factions, and more specifically in the blood-feud. A
man's kindred are his avengers; and, as It is their right and
honour to avenge him, so it is their duty to make amends
for his misdeeds, or else maintain his cause in fight. Step
by step, as the power of the State waxes, the self-centred and self-helping autonomy of the kindred wanes. Private
feud is controlled, regulated, put, one may say, into legal
harness; the avenging and the protecting clan on the slain
and the slayer are made pledges and auxiliaries of public
justice." 1 Frederick Pollock & Frederic W. Maitland, The
History of English Law Before the Time of Edward I 31 (2d
ed.1898).
feudal, adj. 07c) 1. Of, relating to, or growing out of
feudalism <feudal law>. 2. Of or relating to a feud
<feudal tenure>. Also spelled (archaically) feodal.
Cf. ALLODIAL.
feudal action. Hist. A real action; an action that con
cerned only real property.
feudalism (fyood-al-iz-am). (19c) L A landholding
system, particularly applying to medieval Europe, in
which all are bound by their status in a hierarchy of
reciprocal obligations of service and defense. -The
lord was obligated to give the vassal (1) some land, (2)
protection, and (3) justice. The lord guaranteed the
quiet occupation of the land by the vassal and guar
anteed to do right if the vassal became involved in a
disput


iet occupation of the land by the vassal and guar
anteed to do right if the vassal became involved in a
dispute. In return, the vassal owed the lord some type of
service, called "tenure" (literally "means ofholding"),
because the different types of service were the methods
by which the vassals held the property. 2. The social,
political, and economic system ofmedieval Europe.
Also termed feudal system;feodal system. -feudalis
tic, adj.
'What do we mean by feudalism? Some such answer as the
following is the best that I can give - A state of society
in which the main social bond is the relation between lord
and man, a relation implying on the lord's part protec
tion and defence; on the man's part protection, service
and reverence, the service including service in arms. This
personal relation is inseparably involved in a proprietary
relation, the tenure of land the man holds land of the
lord, the man's service is a burden on the land. the lord
has important rights in the land, and (we may say) the full
ownership of the land is split up between man and lord."
FW. Maitland, The Constitutional History of England 143
(1908; repro 1955).
"Modern historical research has taught us that, while it is a
mistake to speak of a feudal system, the word 'feudalism'
is a convenient way of referring to certain fundamental
similarities which, in spite of large local variations, can be
discerned in the social development of all the peoples of
western Europe from about the ninth to the thirteenth cen
turies." J.L. Brierly, The Law of Nations 2 (5th ed. 1955).
feudal law. Rist. Ihe real-property law ofland tenures
that prevailed in England, esp. after the Norman
Conquest. See FEUDARUM CONSUETUDINES.
feudal system. See FEUDALISM.
feuda pecuniae (fyoo-dG pi-kyoo-nee-ee). [Law Latin]
Hist. A heritable right to money.
feudarum consuetudines (fyoo-dair-Gm kon-swa-t[y]
oo-da-neez). [Latin] The customs of feuds. -This
was the name of a compilation of feudal laws and
customs made in 12th-century Milan. It is regarded as
an authoritative work in continental Europe. Also
spelledfeodarum consuetudines.
feudary. See FEUDATORY.

699
feudatory, adj. (16c) Hist. (Of a vassal) owing feudal alle
giance to a lord.
feudatory, n. (l7c) Hist. The grantee ofa feud; the vassal
or tenant who held an estate by feudal service. -Also
termed feudary; feodato ry.
"Every receiver of lands, or feudatory, was therefore bound,
when called upon by his benefactor, or immediate lord of
his feud or fee, to do all in his power to defend him." 2
William Blackstone, Commentaries on the Laws ofEngland
46 (1766).
feude. See FEUD.
feudee (fyoo-dee), n. Hist. The grantee ofa feud; a feudal
tenant.
feudist. (17c) A writer on feuds (for example, Cujacius,
Spelman, Craig).
Feudorum Libri (fyoo-dor-~m h-bn). [Latin "the books
of the feuds"] Hist. The Books of Feuds, a five-book com
pilation of Lombardic feudal law published in Milan
around 1152, during the reign of Henry III.  This
unofficial compilation was the main source of tenure
law among the nations in Europe. It was widely used in
medieval law schools and courts in Italy, France, and
Germany. The Feudorum Libri were probably known
in England but had little effect other than influencing
English lawyers to study their own tenure system more
critically. Also termed Consuetudines Feudorum;
Usus Feudorum.
feudum (fyoo-d~m). [Law Latin] A fief or feud; a
feodum. Also termedfeodum;feum. Pl.feuda (fyoo
da). See FE'UD (1)-(3); FIEF; FEE (2).
'The Latin equivalent of feodum or feudum is the root of
the words 'feudal' and 'subinfeudation'. The French form
fief is favoured by some English historians, but it was not
used in law-French:' J.H. Baker, An Introduction to English
Legal History 256 n.4 (3d ed. 1990).
feudum antiquum (fyoo-dam an-tI-kwam), n. [Law
Latin "ancient feud"] Hist. 1. A feud that passed to a
vassal from an intestate ancestor. 2. A feud that ances
tors had possessed for more than four generations. 3.
An ancient feud. PLfeuda antiqua (fyoo-d~ an-tl
kwa). -Also termedfeodum antiquum (fee-a-dam
or fyoo-dilm). See FEUD (1).
feudum apertum (fyoo-dam a-pilr-tam). Hist. A feud
that reverted to the lord because of a tenant's failure
ofissue, a crime by the tenant, or some other legal
cause. -Also termedfeodum apertum.
feudum burgale (fyoo-dam bar-gay-Iee). [Law Latin]
Hist. Land held feudally by burgage tenure -that is,
tenure given in exchange for a tenant's watching and
warding in a burgh. See WATCH AND WARD.
feudum ex camera aut caverna (fyoo-dilm eks
kam-ar-a awt b-vilr-nil). [Law Latin "feu from a
room or hole"] Hist. An annual gift of money, grain,
or other items to a descrving person, esp. a soldier.
feudum francum (fyoo-dam frangk-ilm). Hist. A free
feud; a feud or fee that was noble and free from talliage
and subsidies that vulgar feuds (plebeia feuda) were
subject to. feudum
feudum hauberticum (fyoo-dilm haw-bilr-til-bm).
Hist. A feud that was held on the military service of
appearing fully armed when summoned by the lord.
See ARRIERE-BAN.
feudum improprium (fyoo-dilm im-proh-pree-<lm).
Hist. A feud that was improper.
feudum individuum (fyoo-d~m in-da-vij-oo-<lm). Hist.
A feud that was indivisible and descendible only to
the eldest son.
feudum laicum (fyoo-dilm laY-il-bm). Hist. A lay
feud. -Also termedfeodum laicum.
feudum ligium (fyoo-dam lij-ee-<lm). Hist. 1. A liege
feud; a feud held immediately of the sovereign. 2.
A feud for which the vassal owed fealty to his lord
against all other persons.
feudum maternum (fyoo-dam ma-tilr-n<lm). Hist.
A feud that descended to the feudatory from the
maternal side.
feudum militare (fyoo-d~m mil-<l-tair-ee). Hist. A
knight's feud . It was held by knight-service and
esteemed the most honorable species of tenure.
Also termed feodum militis; (in Norman law) fief
d'haubert or fiefd'hauberk.
feudum nobile (fyoo-dam noh-ba-Iee). Hist. A feud
for which the tenant did guard and owed fealty and
homage. -Also termed feodum nobile.
feudum novum (fyoo-d~m noh-vam). [Law Latin] Hist.
A new fee; a fee that began with the person of the
feudatory, and that was not acquired by succession.
Also spelled feodum novum.
"For if the feud, of which the son died seised, was really
feudum antiquum, or one descended to him from his ances
tors, the father could not possibly succeed to it, because it
must have passed him in the course of descent, before it
could come to the son .... And if it were feudum novum, or
one newly acquired by the son, then only the descendants
from the body of the feudatory himself could succeed,
by the known maxim of the early feodal constitutions ...
which was founded as well upon the personal merit of the
vassal, which might be transmitted to his children but could
not ascend to his progenitors ... :. 2 William Blackstone,
Commentaries on the Laws of England 21 1-1 2 (1766).
feudum novum ut antiquum (fyoo-dam noh-vdm ilt
an-tr-kwam). Hist. A new feud held with the qualities
of an ancient teud.
feudum paternum (fyoo-dam pa-tilr-ndm). Hist. 1. A
feud that the tenant's paternal ancestors had held for
four generations. 2. A feud descendible only to the
heirs on the paternal side. 3. A feud that could be held
only by males.
feudum proprium (fyoo-d~m proh-pree-dm). Hist. An
original feud that is military in nature and held by
military service.
feudum rectum (fyoo-ddm rek-t<lm). [Law Latin] Hist.
Lands held by military tenure.
feudum simplex (fyoo-dilm sim-pleks). [Law Latin]
Hist. FEE SIMPLE.

700 feu duty
feudum talliatum (fyoo-dam tal-ee-ay-tam). See PEE
TAIL.
feu duty. Scots law. The annual rent paid by the tenant of
a feu. -Also termed ground annual.
feu farm. Scots law. A tenure ofland held in exchange
for a specified annual payment (called feu duty). _ This
type of tenure was converted to a freehold in 2000.
Also termedfeu tenure. See FEl: DUTY.
feuholding (fyoo-hohl-ding). Hist. A tenancy held
by rendering produce or money instead of military
service. -Also writtenfeu holding.
feum. See FEUDUM.
feu tenure. See FEU FARM.
few. See FEU.
ff. abbr. 1. And the pages following. 2. (often cap.) FRAG
MENTA.
FGA. abbr. 1. Free from general average. 2. Foreign
general average.
'F.C.A. means Foreign General Average, and implies that,
if goods become liable to general average, the rules to be
applied will be those of the port of destination or refuge,
Le., the law of the place where the adjustment is made." 2
E.W. Chance, Principles ofMercantile Law 128 (PW. French
ed., 10th ed, 1951).
FGM. abbr. FEMALE GENITAL MUTILATION.
FHA. abbr, 1. FARMERS HOME ADMINISTRATION. 2.
FEDERAL HOUSING ADMINISTRATION.
FHA mortgage. See MORTGAGE.
FHEO. abbr. OFFICE OF FAIR HOUSING AND EQUAL
OPPORTUNITY.
FHLB. abbr. FEDERAL HOME LOAN BANK.
FHLBB. abbr. FEDERAl. HOME LOAN BANK BOARD.
FHLMC. abbr. FEDERAL HOME LOAN MORTGAGE COR
PORATION.
FHWA. abbr. FEDERAL HIGHWAY ADMINISTRATION.
fiancer (fyahn-say), vb. [Law French) To pledge one's
faith.
fiant, n. (16c) Hisl. 1. A decree; commission. 2. A warrant
to the Chancery ofIreland for a grant under the great
seal.
fiar, n. Scots law. One who holds an estate in fee, in
contrast to a liferenter.
fiat (fee-aht or fee-at or fI-at or fI-at), n. [Latin "let it be
done") 07c) 1. An order or decree, esp. an arbitrary one
<judicial fiat>. 2. A court decree, esp. one relating to a
routine matter such as scheduling <the court requires
all motions to contain a fiat -to be filled in by the
court -setting the hearing date>. -Also termed
fiaunt.
fiat justitia (fI-at jCls-tish-ee-a). [Latin] Hist. Let justice
be done. _ This phrase signaled the Crown's commis
sion to the House ofLords to hear an appeal.
"Fiat justitia, ruat coelum, says another maxim, as full of
extravagance as it is of harmony: Go heaven to wreck so
justice be but done: and what is the ruin of kingdoms, in comparison of the wreck of heaven?" Jeremy Bentham,
An Introduction to the Principles of Morals and Legislation
13-14 n.1 (1823).
fiat money. See MONEY.
fiat ut petitur (fI-at CIt pet-a-tar). [Latin] Let it be done as
it is asked. -An order granting a petition.
fiaunt. See FIAT.
FICA (fl-b). abbr. FEDERAL INSLRANCE CONTRIBUTIONS
ACT.
fickle-fiduciary rule. The principle that a partner or
employee who breaches a fidUciary duty should forfeit
all compensation, bonuses, and other benefits received
for as long as the breach continues. -The rule usu.
applies to a person who engages in or assists a com
peting business, or resigns from employment to set up
or work for a competing business. Traditionally, miti
gating factors, including the absence of harm to the
employer or partnership, are not considered in applying
the rule. But some courts have found that if a strict
application would produce un


employer or partnership, are not considered in applying
the rule. But some courts have found that if a strict
application would produce unjustly harsh results, miti
gating factors must be weighed.
ficta traditio (fik-ta tra-dish-ee-oh). [Latin] Scots law. A
fictitious delivery. _ The phrase invoked the rule that
if the parties so intended, an item could be treated as
having been delivered to a buyer in possession of it
without the need for physical transfer. -Also termed
fictio brevis manus.
fictio (fik-shee-oh), n. [Latin fr. fingere "to feign"] Roman
law. A legal fiction; a legal assumption or supposition
(such as that the plaintjffwas a citizen) necessary to
achieve certain legal results that otherwise would not be
obtained. _ Legal fictions allowed Roman magistrates
(praetors) to expand the law beyond what was strictly
allowed by the jus civile, This practice also occurred
in English law -for example, the action of common
recovery, which allowed a landowner to convey land
that by law could not be alienated (such as land held in
fee tail). PI. fictiones (fik-shee-oh-neez).
fictio brevis manus (fik-shee-oh bree-vis may-nas). [Law
Latin) FleTA TRADITIO.
fictio juris. See LEGAL FICTION.
fiction. See LEGAL FICTION.
fictional action. See collusive action under ACTION (4).
fiction oflaw. See LEGAL FICTION.
fictitious, adj, (17c) Ofor relating to a fiction, esp. a legal
fiction.
fictitious action. See ACTION (4).
fictitious issue. See FEIG~ED ISSl:E.
fictitious name. 1. See ASSUMED NAME. 2. See ALIAS (1).
3. See JOHN DOE,
fictitious party. See PARTY (2).
fictitious-payee rule. Commercial law, The principle that
ifa drawer or maker issues commercial paper to a payee
whom the drawer or maker does not actually intend to
have any interest in the instrument, an ensuing forgery

701
ofthe payee's name will be effective to pass good title to
later transferees. -Also termed padded-payroll rule.
[Cases: Banks and Banking (;::::c 148, 174; Bills and
Notes
fictitious person. See artificial person under PERSON (3).
fictitious promise. See implied promise under
PROMISE.
fictitious seisin. See seisin in law under SEISIN.
fide-committee. A beneficiary; CESTUI QUE TRUST.
Also termed fidei-commissarius.
"In a particular case, a cestuy que trust is called by the
Roman law, fideicommissarius. In imitation of this, I have
seen him somewhere or other called in English a fide-com
mittee. This term, however, seems not very expressive.
A fide-committee, or, as it should have been, a fidei
committee, seems, literally speaking, to mean one who is
committed to the good faith of another." Jeremy Bentham,
An Introduction to the Principles of Morals and Legislation
226 n.l (1823).
fideicomiso (fee-day-koh-mee-soh). Mexican law. A
trust; esp., a trust that is established for the purpose of
acquiring property in Mexico with a Mexican bank as
trustee and a non-Mexican (who may be the settlor) as
beneficiary. _ The property is held in the name of the
trust, but the beneficiary has all the rights and obliga
tions ofdirect ownership, including the power to lease,
sell, or devise the property. A Mexican fideicomiso usu.
lasts 50 years and can be renewed for 50 more. Cf. FIDE
ICOMMISSUM.
fidei-commissarius. See CESTUI QUE TRUST.
fidei-commissary (fI-dee-I kom-<l-ser-ee). See CESTUI
QUE TRUST.
fideicommissary heir. See HEIR.
fideicommissary substitution. 1. SUBSTITUTION (6). 2.
SUBSTITUTION (7).
fideicommissum (fI-dee-I-ka-mis-am). [Latin] (I8c) 1.
Roman law. A direction to an heir asking the heir as
a matter of good faith to give some part of the inheri
tance, such as a particular object, or all the inheritance,
to a third party. - Afideicommissum was a device to
overcome some of the technicalities of the Roman
wilL Originally it created a mere moral obligation, but
Augustus made it enforceable by legal process. 2. Roman
& civil law. An arrangement similar to a trust by which
a testator gave property to a person for the benefit of
another who could not, by law, inherit property. -Over
time, this device was used to tie up property for gen
erations, and most civil jurisdictions now prohibit or
limit it. For example, in Louisiana, an arrangement in
which one person bequeaths property to a second with a
charge to preserve it and, at death, to restore it to a third
person is a prohibited fideicommissum. -Sometimes
spelled fidei-commissum. Pl. fideicommissa.
"The many formalities with regard to the institution of
heirs and the bequest of legacies, coupled With the fact
that many persons, e.g. peregrini, were incapable of being
instituted heirs, or of being given a legacy, led, in the late
Republic, to testators leaving directions to their heirs in
favour of given individuals, which, though not binding at
law, they hoped their heirs would, in honour, feel bound fidem facere judici
to carry out. The beginning of fideicommissa, therefore,
was very like the early practice with regard to trusts in
English law, and, as in the case of trusts, a time came when
trusts were made binding legally as well as morally.... For
brevity, the fideicommissum will here be called 'the trust',
the person upon whom it was imposed (fiduciarius) 'the
trustee', and the person in whose favour it was imposed
(fideicommissarius) 'the beneficiary'." RW. Leage, Roman
Private Law 252 (c.H. Ziegler ed., 2d ed. 1930).
fidejubere (fI-dee-ya-beer-ee), vb. [Latin] Roman law.
To become a surety. _ Forms ofthis word were spoken
by the parties to a stipulatio that bound one party to
become a surety for the other; the first party asked,
"Do you pledge yourself?" ("fidejubesne?"), and the
second responded, "I do pledge myself" Cfidejubeo").
See STIPULATIO.
fidejussion (f1-di-jash-an). [fro Latin fidejussiO] (16c)
Roman law. An act by which a person becomes an
additional security for another. _ The act does not
remove the principal's liability but only adds to the
surety's security. FidejUSSion was one ofthe three types
of adpromission, and the only type remaining in Jus
tinian's law. -Also spelledfidejussio;fideiussio. See
ADPROMISSION (1). -fidejussionary, adj.
fidejussor (fI-dee-jas-or or -jas-;)r). (16c) 1. Roman law.
(ital.) A guarantor; a person who binds himself to pay
another's debt. 2. Hist.lvlaritime law. A person who acts
as bail for a defendant in the Court of Admiralty.
Also spelled fidejussor. Cf. ADPROMISSOR. fidejus
sory, adj.
"The proceedings of the court of admiralty bear much
resemblance to those of the civil law, but are not entirely
founded thereon; and they likewise adopt and make use of
other laws, as occasion requires; such as the Rhodian law,
and the laws of Oleron. For the law of England, as has fre
quently been observed, doth not acknowledge or pay any
deference to the civil law considered as such; but merely
permits its use in such cases where it judged its determi
nations equitable, and therefore blends it, in the present
instance, with other marine laws .... The first process
in these courts is frequently by arrest of the defendant's
person; and they also take recognizances or stipulation
of certain fidejussors in the nature of bail, and in case of
default may imprison both them and their principal." 3
William Blackstone. Commentaries on the Laws ofEng/and
108-09 (1768).
fidelitas (fi-del-<l-tas). [Latin "fidelity"] See FEALTY.
fidelitatis sacramentum (fi-del-i-tay-tis sak-ra-men
t<lm). [Law Latin] Hist. The oath offealty that a vassal
owed to a lord.
fidelity and guaranty insurance. See fidelity insurance
under INSURANCE.
fidelity bond. See BOND (2).
fidelity guaranty insurance. See fidelity insurance under
INSURANCE.
fidelity insurance. See INSURANCE.
fidem facerejudici (fI-d;:lm fay-sa-ree joo-di-SI). [Latin]
Hist. To convince the judge. -1he phrase appeared
in reference to the introduction ofevidence to prove
a case.

702 fidem mentir;
fidem mentiri (fI-d<}m men-tI-rI). [Latin] Hist. To betray
faith or fealty. The term refers to a feudal tenant who
did not keep'the fealty sworn to the lord.
fidepromission (fI-dee-proh-mish-;m), n. [Latin "faith
promise"] (19c) Roman law. A contract ofguaranty by
stipulation. Fidepromission was one ofthe three types
of adpromission. See ADPROMISSION (1); STIPULATION
(3). -fidepromissor, n.
fides (fI-deez). [Latin] Faith.
fides facta (fI-deez fak-td). [Latin] Hist. Faith-making;
faith-pledging . Among the Franks and Lombards,
certain transactions were guaranteed by symbolic,
formal acts making one's faith such as the giving
of a rod when property was transferred. See FESTUCA.
fiducia (fi-d[y]oo-shee-<}), n. [Latin "an entrusting"]
Roman law. An early form of transfer of title by way
of mortgage, deposit, etc., with a provision for recon
veyance upon payment of the debt, termination of the
deposit, etc.
'The Roman mortgage (fiducia) fell wholly out of use before
the time ofJustinian, having been displaced by the superior
simplicity and convenience of the hypotheca; and in this
respect modern Continental law has followed the Roman."
John Salmond. Jurisprudence 443 (Glanville L. Williams ed.,
10th ed. 1947).
fiducial, adj. (l6c) Of, relating to, or characterized by
confidence in and reliance on another person or thing
<there must be a fiducial bond between a patient and a
doctor>. [Cases: Fraud C==>7; Health C==>578.]
fiducial relationship. See trust relationship under RELA
TIONSHIP.
fiduciarius heres (fi-d[y]oo-shee-air-ee-<}s heer-eez).
[Latin "fiduciary heir"] Roman law. A person formally
named an heir in a testament, but in a fiduciary
capacity, and charged to deliver the succession to the
person designated by the testament.
fiduciarius tutor (fi-d[y]oo-shee-air-ee-ds t[y]oo-tdr).
Roman law. A fiduciary guardian; a person who by ful
filling a trust to free someone in power became his or
her guardian.
fiduciary (fi-d[y]oo-shee-er-ee), n. (17c) 1. A person who
is required to act for the benefit of another person on
all matters within the scope of their relationship; one
who owes to another the duties of good faith, trust,
confidence, and candor <the corporate officer is a fidu
ciary to the corporation>. 2. One who must exercise a
high standard ofcare in managing another's money or
property <the beneficiary sued the fiduciary for invest
ing in speculative securities>. fiduciary, adj. [Cases:
Fraud C==>7.]
"'FidUCiary' is a vague term, and it has been pressed into
service for a number of ends.... My view is that the term
'fiduciary' is so vague that plaintiffs have been able to
claim that fiduciary obligations have been breached when
in fact the particular defendant was not a fiduciary stricto
sensu but simply had withheld property from the plaintiff
in an unconscionable manner." D.W.M. Waters, The Con
structive Trust 4 (1964). dilatory fiduciary (dil-d-tor-ee). A trustee or other
fiduciary who is unreasonably slow in administer
ing an estate.
successor fiduciary. A fidUciary who is appointed to
succeed or replace a prior one.
temporary fiduciary. An interim fiduciary appointed by
the court until a regular fidUciary can be appointed.
fiduciary bond. See BOND (2).
fiduciary contract. Hist. An agreement by which one
party delivers something to another on condition that
the second party will return the thing to the first.
fiduciary debt. A debt founded on or arising from a fidu
ciary relationship, rather than from a solely contractual
relationship.
fiduciary duty. See DUTY (2).
fiduciary heir. See HEIR.
fiduciary-out clause. Mergers & acquisitions. A merger
agreement provision that allows the target corpora
tion to terminate the agreement without