-out clause. Mergers & acquisitions. A merger
agreement provision that allows the target corpora
tion to terminate the agreement without committing
a breach if a specified condition occurs . The most
common condition is the receipt of a more favorable
offer, but other conditions may also be specified. [Cases:
Corporations C==>S82.]
fiduciary relationship. See RELATIONSHIP.
fiduciary-shield doctrine. Corporations. The principle
that a corporate officer's act cannot be the basis for
jurisdiction over the officer in an individual capacity.
[Cases: Courts C==> 12(2,20); Federal Courts C==>
76.20.]
fief (feef), n. 1. See FEE. 2. See FEUD Metaphorically,
the term refers to an area of dominion, esp. in a corpo
rate or governmental bureaucracy.
fief d'hauberk (feef doh-bairk). See feudum militare
under FEUDUM.
fiefd'haubert. See feudum militare under FEUDUM.
fief-tenant. Hist. The holder of a fief or fee; a feeholder
or freeholder.
field audit. See AUDIT.
field book. A log or book containing a surveyor's notes
that are made on-site and that describe by course and
distance the running of the property lines and the
establishment of the corners of a parcel ofland.
Field Code. 1he New York Code of Procedure of 1848,
which was the first comprehensive Anglo-American
code of civil procedure and served as a model for the
Federal Rules of Civil Procedure . It was drafted by
David Dudley Field (1805-1894), a major law-reformer.
See code pleading under PLEADING (2).
field notes. The notes in a surveyor's field book.
field of invention. See CLASSIFICATION OF PATENTS (2).
field of search. See CLASSIFICATION OF PATENTS (2).
field-of-use restriction. Intellectual property. A license
provision restricting the licensee's use of the licensed

703
property to a defined product or service market or to a
designated geographical area.
field sobriety test. See SOBRIETY TEST.
field stop. See STOP AND FRISK.
field-warehouse financing agreement. The loan agree
ment in a field-warehousing arrangement.
field warehousing. An inventory-financing method by
which a merchant pledges its inventory, which is in the
possession ofa third person (a warehouser) . This is a
method offinancing an inventory that cannot econom
ically be delivered to the creditor or third party. The
borrower segregates part ofthe inventory and places it
under the nominal control ofa lender or third party, so
that the lender has a possessory interest. Cf. floor-plan
financing under FINANCING; PLEDGE.
"Field warehousing is a way of bringing about the security
relationship of a pledge. It is an arrangement for allowing
the pledgor a more convenient access to the pledged goods,
while the goods are actually in the custody and control of a
third person on the pledgor's premises." Business Factors,
Ine. v. Taylor-Edwards Warehouse & Transfer Co., 585 P.2d
825, 828 (Wash. Ct. App. 1978).
"Field warehousing is ... an arrangement whereby a whole
saler, manufacturer, or merchant finances his business
through the pledge of goods remaining on his premises.
The arrangement is valid and effective where there is an
actual delivery to the warehouseman by the bailor who has
hired the warehouseman and given him exclUSive posses
sion of the warehouse goods." In re Covington Crain Co.,
638 F.2d 1362, 1365 (5th Cir. 1981).
fierding court (fyar-ding or feer-ding). Hist. An ancient
court of inferior jurisdiction . Four courts were in
each district or hundred.
fieri (fI-a-rr). [Latin] To be made; to be done . Fieri usu.
appears as part ofthe phrase in fieri. See IN FIERI.
fieri facias (fI-a-rr fay-shee-as). [Latin "that you cause
to be done"] (ISc) A writ of execution that directs
a marshal or sheriff to seize and sell a defendant's
property to satisfy a money judgment. -Abbr.
fa.; Fi. Fa. Cf. LEVARI FACIAS. [Cases: Execution
1,15.]
"It receives its name from the Latin words in the writ (quod
fieri facias de bonis et catallis, that you cause to be made
of the goods and chattels). It is the form of execution
in common use in levying upon the judgment debtor's
personal property." John Bouvier, Bouvier's Law Diction
ary(8th ed. 1914).
"The writ of 'fieri facias' (commonly called a writ of 'fi fa'),
which commanded literally 'that you cause to be made,'
was an early common-law means of enforcing payment on
ajudgment; it was, in effect, an order to the sheriff of the
court to enforce a judgment against the debtor by levy,
seizure, and sale of his personalty to the extent needed to
satisfy ajudgment." 30 Am.Jur. 2d Executions and Enforce
ment ofJudgments  14, at 50-51 (1994).
fieri facias de bonis ecclesiasticis (fI-a-n fay-shee-as
dee boh-nis e-klee-z[h]ee-as-ta-sis). [Latin "that you
cause to be made ofthe ecclesiastical goods"] Hist. A
writ of execution -used when the defendant was a
beneficed clerk who had no lay fee -that commanded
the bishop to satisfy the judgment from the ecclesi
astical goods and chattels of the defendant within 50-percent rule
the diocese. -This was accomplished by issuing a
sequestration to levy the debt out of the defendant's
benefice. This writ was issued after a fieri facias had
been returned nulla bona.
fieri facias de bonis propriis (fI-d-rI fay-shee-ds dee
boh-nis proh-pree-is). [Latin "that you cause to be
made ofhis own goods"] Hist. A writ that executes
on an executor's property when a writ fieri facias de
bonis testatoris is returned by the sheriff nulla bona
or devastavit (a wasting ofthe testator's goods by the
executor).
fieri facias de bonis testatoris (fI-d-rI fay-shee-<ls dee
boh-nls tes-td-tor-is). [Latin "that you cause to be
made of the testator's goods"] Hist. A writ of execu
tion served on an executor for a debt incurred by the
testator.
fieri feci (fI-d-n fee-sI). [Latin "I have caused to be
made"] Hist. A sheriff's return on a fieri facias where
the sheriff has collected, in whole or in part, the sum
to be levied on. -'Ihe return is usu. expressed by the
word "satisfied."
fi.fa. (sometimes cap.) abbr. FIERI FACIAS.
FIFO (fI-foh). abbr. FIRST-IN, FIRST-OUT.
FIFRA. abbr. Federal Insecticide, Fungicide, and Roden
ticide Act. 7 USCA  136-136y.
fifteenth. Hist. A tax of one-fifteenth of all the personal
property ofevery subject. -The tax was levied atinter
vals by act ofParliament. Under Edward III, the value
ofthe fifteenth was assessed and fixed at a specific sum
and did not increase as the wealth of the kingdom
increased thus the tax ceased to actually be one
fifteenth. See QUOD PERSONA NEC PREBENDARII.
Fifteenth Amendment. The constitutional amendment,
ratified in 1870, guaranteeing all citizens the right to
vote regardless ofrace, color, or prior condition ofser
vitude. [Cases: Constitutional Law <8:::: 1482.]
Fifth Amendment. The constitutional amendment,
ratified with the Bill of Rights in 1791, providing that a
person cannot be (1) required to answer for a capital or
otherwise infamous offense unless a grand jury issues
an indictment or presentment, (2) subjected to double
jeopardy, (3) compelled to engage in self-incrimination
on a criminal matter, (4) deprived of Hfe, liberty, or
property without due process oflaw, or (5) deprived
ofprivate property for public use without just com
pensation. [Cases: Constitutional LawC:::3840-4841;
Criminal Law C='393; Double Jeopardy C--'J1-7; Grand
JuryC=>2; Witnesses C=>297.j
Fifth Amendment, pleading the. See TAKE THE FIFTH.
Fifty Decisions. Justinian's rulings that settled con
troversies and eliminated obsolete rules in the law .
The decisions were made in preparation for Justinian's
Digest. -Also termed (in Latin) Quinquaginta Deci
siones.
50 percent plus one. See HALF PLUS ONE.
50-percent rule. (1975) The principle that liability for
negligence is apportioned in accordance with the

percentage of fault that the fact-finder assigns to each
party, that the plaintiffs recovery will be reduced by
the percentage of negligence assigned to the plaintiff,
and that the plaintiffs recovery is barred if the plain
tiffs percentage offault is SO% or more. -Also termed
modified-compamtive-negligence doctrine. Cf. PURE
COMPARATIVE-NEGLIGENCE DOCTRINE. See compara
tive negligence under NEGLIGENCE; APPORTIONMENT OF
LIABILITY. [Cases: Negligence C=S49(1O).]
fighting age. See AGE.
fighting words. (1917) 1. Inflammatory speech that
might not be protected by the First Amendment's
free-speech guarantee because it might incite a violent
response. [Cases: Constitutional lS62; Disor
derly Conduct 133.J 2. Inflammatory speech
that is pleadable in mitigation but not in defense
of a suit for assault. [Cases: Assault and Battery
12.] Also termed fighting talk.
fightwite (fIt-wIt). Hist. A fine imposed against one who
participated in a breach of the peace.
filacer (fil-;>-s;>r). Hist. An officer of the Westminster
superior courts who filed the writs on which process
was made. _ The office was abolished in 1837. Also
spelled filazer.
filacium. See FILUM.
filare (fi-lair-ee), vb. [Law Latin] Hist. To file.
filazer. See FILACER.
file, n. (17c) 1. A court's complete and official record of
a case <the associate went to the courthouse to verify
that the motion is in the file>. 2. A lawyer's complete
record of a case <the paralegal stored the file in three
drawers in her office>. 3. A portion or section of a
lawyer's case record <the janitor found the correspon
dence file behind the copy machine>. 4. A case <Jonah
was assigned the Watson file after Amy left the firm>.
file, vb. (16c) 1. To deliver a legal document to the
court clerk or record custodian for placement into the
official record <Tuesday is the deadline for filing a reply
brief>. -Also termed (in BrE) lodge. 2. To commence
a lawsuit <the seller threatened to file against the
buyer>. 3. To record or deposit something in an orga
nized retention system or container for preservation
and future reference <please file my notes under the
heading "research">. 4. Parliamentary law. To acknowl
edge and deposit (a report, communication, or other
document) for information and reference only without
necessarily taking any substantive action.
filed-rate doctrine. A common-law rule forbidding a
regulated entity, usu. a common carrier, to charge a rate
other than the one on file with the appropriate federal
regulatory authority, such as (formerly) the Interstate
Commerce Commission. -Also termed filed-tariff
doctrine. See TARIFF (3). [Cases: Carriers <8='189; Public
Utilities ~~119.1; Telecommunications C=931.]
file history. See FILE WRAPPER. file-transport protocol. A set of programmed rules
enabling computers to exchange files over the
Internet. Abbr. FTP.
file wrapper. Patents &-Trademarks. The complete record
of proceedings in the Patent and Trademark Office from
the initial application to the issued patent or trademark;
speci., a patent or trademark-registration application
together with all documentation, correspondence, and
any other record of proceedings before the PTa con
cerning that application. Also termed file history;
prosecution history. Cf CERTIFIED FILE HISTORY. [Cases:
Patents <8=' 168(1), 168(2).]
file-wrapper continuation. 1. See CONTINUATION. 2. See
CONTINUATION-IN-PART. -Abbr. FWC.
file-wrapper continuation application. 1. See CONTINU
ATION. 2. See CONTINUATION-IN-PART.
file-wrapper estoppel. See prosecution-history estoppel
under ESTOPPEL.
filia (fil-ee-;, n. [Latin] A daughter. PLfiliae.
filial consortium. See CONSORTIUM.
filiality. See FILIATION (1).
filiated father. See FATHER.
filiation (fil-ee-ay-sh;m). (ISc) 1. The fact or condition
of being a son or daughter; relationship of a child to a
parent. -Despite Bentham's protest (see below),filia
tion is usual in this sense. -Also


child to a
parent. -Despite Bentham's protest (see below),filia
tion is usual in this sense. -Also termed filiality.
"In English we have no word that will serve to express with
propriety the person who bears the relation opposed to that
of parent. The word chi/dis ambiguous, being employed in
another sense, perhaps more frequently than in this: more
frequently in opposition to a person of full age, an adult,
than in correlation to a parent. For the condition itself we
have no other word than filiation: an ill-contrived term,
not analogous to paternity and maternity: the proper term
would have been fmality: the word filiation is as frequently,
perhaps, and more consistently, put for the act of establish
ing a person in the possession of the condition offiliality."
Jeremy Bentham, An Introduction to the Principles ofMorals
and Legislation 276 n.2 (1823).
2. Judicial determination of paternity. See PATERNITY;
filiated father under FATHER. [Cases: Children Out -of
Wedlock C'-:::>63.]
filiation order. See ORDER (2).
filibuster (fil-;J-b;>s-tdr), n. (ISc) 1. A dilatory tactic,
esp. prolonged and often irrelevant speech making,
employed in an attempt to obstruct legislative action.
-The filibuster is common in the U.S. Senate, where the
right to debate is usu. unlimited and where a filibuster
can be terminated only by a cloture vote oftwo-thirds
of all members. 2. In a deliberative body, a member
in the minority who resorts to obstructive tactics to
prevent the adoption of a measure or procedure that
is favored by the majority. Also termed filibusterer.
3. Hist. A person who, together with others, works to
invade and revolutionize a foreign state in disregard of
international law. See CLOTURE. -filibuster, vb.
filicide (fil-i-sld). (l7c) 1. A person who kills his or her
own child. 2. The act of killing one's own child. Cf.
INFANTICIDE.

705
filing. n. (18c) A particular document (such as a pleading)
in the file of a court clerk or record custodian <the
lawyer argued that the plaintiff's most recent filing
was not germane to the issue before the court>. [Cases:
Pederal Civil Procedure G~~'664; Pleading (~331.]
filing date. See DATE.
filing fee. (1864) A sum of money required to be paid to
the court clerk before a proceeding can start. [Cases:
Clerks of Courts 47.]
filing statns. Tax. One of the four categories under which
a person files an income tax return. Under federal
law, the four categories are: (1) Single; (2) head of house
hold; (3) married filing a joint return; and (4) married
filing separate returns. [Cases: Internal Revenue
3549,4481.J
filiolus (fil-ee-oh-Ias). [LatinJ Hist. A godson. Also
spelled (in old records) filious.
filius (til-ee-as), n. [Latin]l. A son. 2. (pl.) Descendants.
Cf. HERES. PI. filii.
filiusfamilias (fil-ee-as-fa-mil-ee-as), n. [Latin "the son
of a family"] Roman law. An unemancipated son or
daughter, grandson or granddaughter. -Also termed
homo alieni juris.
"Every Roman citizen is either a paterfamilias or a filiusfa
milias, according as he is free from paternal power (homo
sui juris) or not (homo alieni juris). Paterfamilias is the
generic name for a homo sui juris, whether child or adult,
married or unmarried. Filiusfamilias is the generic name for
a homo alieni juris, whether son or daughter, grandson or
granddaughter, and so on." Rudolph Sohm, The Institutes:
A Textbook of the History and System ofRoman Private Law
177 Uames Crawford Ledlie trans., 3d ed. 1907).
filius mulieratus (fil-ee-as myoo-Iee-a-ray-tas). [Law
Latin] Hist. The eldest legitimate son of a woman who
previously had an illegitimate son by the same father;
a legitimate son, whose older brother is illegitimate;
MULIER PUISNE. Cf. bastard eisne under EISNE.
filius nullius (fil-ee-as na-h-as). [Latin "son of nobody"]
Hist. An illegitimate child. Also termed filius
populi.
"I proceed next to the rights and incapacities which apper
tain to a bastard. The rights are very few, being only such
as he can acquire; for he can inherit nothing, being looked
upon as the son of nobody; and sometimes called filius
nul/ius, sometimes filius populi." 1 William Blackstone, Com
memories on the Laws ofEngland 447 (1765).
filius populi. See FILIUS NULLIUS.
filla (fil-a). Hist. The ribbon from which a seal hangs at
the bottom of deeds and other legal documents.
fill a blank. Parliamentary law. To replace a blank in
a motion with one or more proposals from the floor.
See BLANK.
fill-or-kill order. See ORDER (8).
filum (fI-bm). [Latin "thread"] Hist. l. A thread or wire
that holds (esp.legal) papers together to form a file.
 This was the ancient method of filing legal papers.
2. An imaginary thread or line passing through the
middle of a stream or road. Also termed (in sense
1) filacium. final-judgment rule
filum aquae (fI-lam ay-kwee). [Latin "thread ofwater"]
A line of water; the middle line ofa stream of water,
supposedly diViding it into two equal parts and usu.
constituting the boundary between the riparian
owners on each side. -Also termed medium filum.
[Cases: Boundaries C=> 12.]
filum forestae (fI-lam for-a-steel. [Latin] The border
ofa forest.
filum viae (fI-lam vI-eel. [Latin)l. The middle line of a
road. 2. The boundarv between landowners on each
side ofa road. [Cases:'Boundaries 19.]
finable (fI-na-bal), adj. (15c) Liable to a fine; subject to
having to pay a fine. Also spelled fineable. [Cases:
Fines C=> 1.5.)
final, adj. (l4c) L (Of a judgment at law) not requiring
any further judicial action by the court that rendered
judgment to determine the matter litigated; concluded.
2. (Of an equitable decree) not requiring any further
judicial action beyond supervising how the decree is
carried out.  Once an order, judgment, or decree is
final, it may be appealed on the merits. Cf. INTERLOCU
TORY.
final and conclusive. Terminal and unappealable,
except on grounds of procedural error, fraud, or
mistake.
final agenda. See AGENDA.
final alimony. See permanent alimony under ALIMONY.
final and conclusive. See FINAL.
final appealable judgment. See final judgment under
JUDGMENT.
final appealable order. See final judgment under
JUDGMENT.
final argument. See CLOSING ARGUMENT.
final concord. See CONCORD.
final decision. See final judgment under JUDGMENT.
final-decision rule. See FINAL-JUDGMENT RULE.
final decree. See final judgment under JUDGMENT.
final injnnction. See permanent injunction under
INJUNCTION.
finalis concordia (fi-nay-lis kan-kor-dee-a). [Latin) A
final or conclusive agreement. See final concord under
CONCORD; FINE (1).
finality doctrine. (1942) The rule that a court will not
judicially review an administrative agency's action until
it is final. Also termed final-order doctrine; doctrine
offmality; principle offinality. Cf. FINAL-JUDGMENT
RULE; INTERLOCUTORY APPEALS ACT. [Cases: Admin
istrative Law and Procedure (>704.]
finality rule. See FINAL-JUDGMENT RULE.
final judgment. See JUDGMENT.
final-judgment rule. (1931) The principle that a party
may appeal only from a district court's final decision
that ends the litigation on the merits. Under this
rule, a party must raise all claims oferror in a Single

final-offer arbitration
appeal. -Also termed final-decision rule;finality rule.
28 USCA  1291. See DEATH-KNELL DOCTRINE. Cf.
FINALITY DOCTRINE; INTERLOCUTORY APPEALS ACT;
DEATH-KNELL DOCTRINE. [Cases: Appeal and Error~
66; Federal Courts ~571.]
final-offer arbitration. See ARBITRATION.
final office action. See OFFICE ACTION.
final order. See ORDER (2).
final-order doctrine. See FINALITY DOCTRINE.
final peace. See final concord under CONCORD.
final process. See PROCESS.
final receiver's receipt. The government's acknowledg
ment that it has received full payment from a person for
public land, that it holds the legal title in trust for the
person, and that it will in due course issue the person
a land patent. [Cases: Public Lands ~110.]
final rejection. See REJECTION.
final settlement. See SETTLEMENT (2).
final speech. See CLOSING ARGUMENT.
final submission. See CLOSING ARGUMENT.
finance, n. (I8c) 1. That aspect of business concerned
with the management of money, credit, banking, and
investments <after a brief career in finance, Andrea
decided to go to law school>. 2. The science or study of
the management of money, etc. <Bill sought a degree
in finance because he wanted to be an investment
banker>.
finance, vb. (19c) To raise or provide funds.
finance bill. See BILL (6).
finance charge. An additional payment, usu. in the form
ofinterest, paid by a retail buyer for the privilege ofpur
chaSing goods or services in installments. -This phrase
is increasingly used as a euphemism for interest. See
INTEREST (3). [Cases: Consumer Credit (;:::>52; Usury
C=>53.]
finance company. (20c) A nonbank company that deals
in loans either by making them or by purchasing notes
from another company that makes the loans directly
to borrowers.
commercial finance company. A finance company that
makes loans to manufacturers and wholesalers.
Also termed commercial credit company.
consumer finance company. A finance company that
deals directly with consumers in extending credit.
Also termed small-loan company. [Cases: Consumer
Credit~3.1
sales finance company. A finance company that does
not deal directly with consumers but instead pur
chases consumer instaHment paper arising from the
sale ofconsumer durables "on time." -Also termed
acceptance company.
finance lease. See LEASE.
finance officer. See TREASURER.
financial accounting. See ACCOU!\ITING (1). 706
Financial Accounting Standards Board. The indepen
dent body of accountants responsible for establishing,
interpreting, and improving standards for financial
accounting and reporting. Abbr. FASB. [Cases:
Accountants 8.J
financial asset. See current asset under ASSET.
financial contract. See CONTRACT.
financial-core membership. Union membership in
which a private-company employee pays the union's
initiation fees and periodic dues but is not a full union
member. -Financial-core membership is allowed only
in states without a right-to-work law, where a union
security contract clause can require employees to pay
financial-core membership dues but cannot require full
union membership. The dues are limited to the amount
required to support the union's representational activi
ties, such as collective bargaining. See Communications
Workers ofAm. v. Beck, 487 U.S. 735, 744, 108 S.Ct.
2641, 2648 (1988). -Also termed (in public-employ
ment sector) fair-share membership; agency-shop mem
bership. See UNIO!\I-SECURITY CLAUSE.
Financial Crimes Enforcement Network. A unit in the
U.S. Department of the Treasury responsible for sup-.......
porting law-enforcement efforts against domestic and
international financial crimes. Abbr. FinCEN.
financial deregulation. See DEREGULATION.
financial futures. See FUTURES (1).
financialinstitution. (1821) A business, organization, or
other entity that manages money, credit, or capital, such
as a bank, credit union, savings-and-Ioan association,
securities broker or dealer, pawnbroker, or investment
company. [Cases: Banks and Banking ~1; Building
and Loan Associations I.]
financial interest. See INTEREST (2).
financial intermediary. (1873) A financial entity
usu. a commercial bank -that advances the transfer
of funds between borrowers and lenders, buyers and
sellers, and investors and savers.
Fiuancial Management Service. A unit in the U.S.
Department of the Treasury responsible for develop
ing and managing systems for moving the U.S. govern
ment's cash by assisting other agencies in collecting and
disbursing funds; collecting and publishing financial
information; and collecting delinquent debts. Abbr.
FMS.
financial market. See MARKET.
financial planner. A person whose business is advising
clients about personal finances and investments. _
Upon completing a certification program, such a person
is called a certified financial planner. Abbr. CPP.
financial report. See FINANCIAL ST


person
is called a certified financial planner. Abbr. CPP.
financial report. See FINANCIAL STATEMENT.
financial-responsibility act. (1930) A state statute con
ditioning license and registration ofmotor vehicles on
proof of insurance or other financial accountability.
[Cases: Automobiles Insurance C~~'2737.]

financial-responsibility clause. (1946) Insurance. A pro
vision in an automobile insurance policy stating that
the insured has at least the minimum amount ofliabil
ity insurance coverage required by a state's financial
responsibility law. [Cases: Insurance (;=>2737, 2756.]
financial restatement. A report correcting material
errors in a financial statement, esp. to adjust profits
and losses after an accounting procedure has been
disallowed.
financials. Slang. Financial statements.
financial secretary. 1. See SECRETARY. 2. See TREA
SURER.
Financial Services Agency. The regulatory body that
oversees the United Kingdom's financial-services
industry, including exchanges and related entities.
Formerly termed Securities and Investment Board.
financial statement. 1. A balance sheet, income state
ment, or annual report that summarizes an individual's
or organization's financial condition on a specified date
or for a specified period by reporting assets and liabili
ties. Also termedfinancial report. Cf. FINANCING
STATEMENT.
certified financial statement. A financial statement
examined and reported by an independent public or
certified public accountant. SEC Rule 12b-2 (17 CPR
 240.12b-2).
consolidated financial statement. The financial report
of a company and all its subsidiaries combined as if
they were a single entity.
normalized financial statement. A statement in
which some components have been adjusted to
exclude anomalies, such as unusual and nonrecur
ring elements, and nonoperating assets or liabilities,
so the statement may be compared with others.
2. INCOME-AND-EXPENSE DECLARATION.
financing, n. (19c) 1. The act or process ofraising or pro
viding funds. 2. Funds that are raised or proVided.
finance, vb.
asset-based financing. A method of lending in which
lenders and investors look primarily to the cash flow
from a particular asset for repayment.
construction financing. See interim financing.
debt financing. The raising offunds by issuing bonds or
notes or by borrowing from a financial institution.
equity financing. 1. The raising of funds by issuing
capital securities (shares in the business) rather
than making loans or selling bonds. 2. The capital
so raised.
floor-plan financing. A loan that is secured by mer
chandise and paid off as the goods are sold . Usu.
such a loan is given by a manufacturer to a retailer
or other dealer (as a car dealer). Also termed floor
planning. Cf. FIELD WAREHOUSING.
gap financing. Interim financing used to fund the
difference between a current loan and a loan to be received in the future, esp. between two long-term
loans. See bridge loan under LOAN.
interim financing. A short-term loan secured to cover
certain major expenditures, such as construction
costs, until permanent financing is obtained. Also
termed construction financing.
internal financing. A funding method using funds gen
erated through the company's operations rather than
from stock issues or bank loans.
link financing. The obtaining of credit by depositing
funds in another's bank account to aid the other in
obtaining a loan.
outside financing. The raising offunds by selling stocks
(equity financing) or bonds (debt financing).
permanent financing. A long-term loan obtained to
repay an interim loan, such as a mortgage loan that
is used to repay a construction loan.
project financing. A method of funding in which the
lender looks primarily to the money generated by a
single project as security for the loan . This type of
financing is usu. used for large, complex, and expen
sive single-purpose projects such as power plants,
chemical-processing plants, mines, and toll roads.
1he lender is usu. paid solely or primarily from the
money generated by the contracts for the facility's
output (sometimes paid by customers directly into an
account maintained by the lender), such as the elec
tricity sold by a power plant. The lender usu. requires
the facility to be developed and owned by a special
purpose entity (sometimes called a bankruptcy
remote entity), which can be a corporation, limited
partnership, or other legal entity, that is permitted to
perform no function other than developing, owning,
and operating the facility. See SINGLE-PURPOSE
PROJECT; SPECIAL-PURPOSE ENTITY; BANKRUPTCY
REMOTE ENTITY.
financing agency. See AGENCY (1).
financing statement. (1954) A document filed in the
public records to notify third parties, usu. prospective
buyers and lenders, of a secured party's security interest
in goods or real property. See UCC  9-102(a)(39). Cf.
FINANCIAL STATEMENT. [Cases: Secured Transactions
FinCEN. abbr. FINANCIAL CRIMES ENFORCEMENT
NETWORK.
find, vb. (bef. 12c) To determine a fact in dispute by
verdict or decision <find guilty> <found that no duty
existed>. Cf. HOLD (2).
finder. (13c) 1. An intermediary who brings together
parties for a business opportunity, such as two com
panies for a merger, a borrower and a financial institu
tion, an issuer and an underwriter of securities, or a
seller and a buyer ofreal estate . A finder differs from
a broker-dealer because the finder merely brings two
parties together to make their own contract, while a
broker-dealer usu. participates in the negotiations. See

finder of fact 708
INTERMEDIARY. 2. A person who discovers an object,
often a lost or mislaid chattel.
finder of fact. See FACT-FINDER.
finder's fee. (1937) 1. The amount charged by one who
brings together parties for a business opportunity. 2.
The amount charged by a person who locates a lost or
missing item and returns it to its owner.
finder's-fee contract. (1959) An agreement between a
finder and one of the parties to a business opportu
nity.
finding. See FINDING OF FACT.
finding of fact. (18c) A determination by a judge, jury,
or administrative agency of a fact supported by the
evidence in the record, usu. presented at the trial or
hearing <he agreed with the jury's finding of fact
that the driver did not stop before proceeding into
the intersection>. Often shortened to finding. See
FACT-FINDER. Cf. CONCLUSION OF FACT; CONCLUSION
OF LAW.
concurrent finding. (usu. pl.) Identical factual findings
by two different tribunals on a specific issue of fact.
essential finding. Military law. A military tribunal's
determination ofa collateral pretrial motion.
general finding. An undifferentiated finding in favor
of one party.
special finding. 1. (usu. pl.) A finding of the necessary
and ultimate facts to support a judgment in favor
of one party. 2. Military law. A military tribunal's
finding that directly relates to the determination of
guilt or innocence.
fine, n. (13c) 1. An amicable final agreement or com
promise of a fictitious or actual suit to determine the
true possessor of land. -The fine was formerly used
as a form of conveyance to disentail an estate. -Also
termed final concord;finalis concordia. See FOOT OF
THE FINE.
"A peculiar and persistent use of the writ [of covenant]
was in levying a fine. A fine finalis concordia was
the compromise of a suit, settled upon terms approved
by the court, The dispute, while it might be a reality, was
more often fictitious, and was chiefly used as a means
of conveying land .... Soon after IGlanvill's] book was
written, an innovation was made in the procedure which
endured until 1833. The terms of the compromise, agreed
by the parties and approved by the judges, were entered
upon a threefold indenture, one of the parts being given
to each of the litigants and the third the 'foot' or bottom
of the document being kept among the records of the
court. The parties thus obtained incontestable evidence
and abundant security, and either could sue the other ifthe
agreement were not implemented." C.H.S. Fifoot, History
and Sources of the Common Law: Tort and Contract 256
(1949).
"Unlike the recovery, which was a real action, the fine was a
compromised fictitious personal action, originally designed
as a method of ensuring security in conveyancing and only
later being employed for the purpose of barring estates
tail. In outline, it operated in the following manner, The
intending purchaser brought an action, begun by writ of
covenant, against the intending vendor. The parties then
applied to the court to compromise the action; by the terms
of the compromise (finis) the intending vendor admitted that the land belonged to the intending purchaser because
he had given it to him, and the terms of the compromise
were recorded in the court records. The fine owed its popu
larity as a means ofconveyancing to two factors, neither of
which was present in the standard method of conveyance
by means of feoffment, First, the enrolling in the court
records provided evidence of the transaction which was
both permanent and free from the danger of forgery.
Secondly, the effect of the fine was to set running a short
period of limitation at the expiration ofwhich all claims to
the land were barred. It was this second aspect which made
the device attractive as a means of 'barring' fees tail." Peter
Butt, Land Law 102-03 (2d ed. 1988).
executed fine. Hist. A fine made on acknowledgment of
the right of the grantee to land given to him as a gift
from the grantor. -1his was abolished in England in
1833. 3 & 4 Will. 4, ch. 74.
2. FINE FOR ALIENATION. 3. A fee paid by a tenant to
the landlord at the commencement of the tenancy to
reduce the rent payments, 4. Hist. A money payment
from a tenant to the tenant's lord.
common fine. A sum of money due from a tenant to
a lord to defray the cost of a court leet or to allow
the litigants to try the action closer to home. -Also
termed head-silver.
S. A pecuniary criminal punishment or civil penalty
payable to the public treasury. [Cases: Fines C=.1.5.J
fine, vb.
day fine. A fine payable over time, usu. as a percentage
of the defendant's earnings on a weekly or monthly
basis.
excessive fine. (16c) 1. Criminal law. A fine that is
unreasonably high and disproportionate to the
offense committed. -'The Eighth Amendment pro
scribes excessive fines. An example of an excessive
fine is a civil forfeiture in which the property was not
an instrumentality ofthe crime and the worth ofthe
property was not proportional to the owner's culpa
bility. [Cases: Fines C=;::; 1.3.] 2. A fine or penalty that
seriously impairs one's earning capacity, esp. from a
business.
fresh fine. Hist. A fine levied within the past year.
fineable. See FINABLE.
Fine and Recovery Act. Hist. An English statute, enacted
in 1833, that abolished the use of fines as a method of
conveying title to land. 3 & 4 Will. 4, ch. 74. See FINE
(1).
fine annullando leva to de tenemento quod fuit de
antiquo dominico (fI-nee a-na-lan-doh la-yay-to dee
ten-a-men-toh kwod fyoo-it dee an-tI-kwoh da-min
<'l-koh). [Latin "a fine to be annulled levied from a
tenement which was of ancient demesne"] Hist. A
writ for disannulling a conveyance ofland in ancient
demesne to the lord's prejudice.
fine capiendo pro terris (fI-nee kap-ee-en-doh proh
ter-is). [Latin "a fine to be taken for lands"J Hist. A
writ that an imprisoned felon could use in some cir
cumstances to obtain release from jail and to recover
lands and goods taken during imprisonment.

709 finis
fine for alienation. Hist. A fee paid by a tenant to the lord
upon the alienation of a feudal estate and substitution of
a new tenant. -It was payable by all tenants holding by
knight's service or tenants in capite by socage tenure.
Often shortened to fine.
fine for endowment. Hist. A fee paid by a widow of a
tenant to the tenant's lord. -If not paid, the widow
could not be endowed of her husband's land.
finem facere (fI-n~m fay-s~-ree). [Latin] Hist. 1. To make
a composition or compromise; to relinquish a claim in
exchange for consideration.
"In the thirteenth century the king's justices wield a wide
and a 'common law' power of ordering that an offender
be kept in custody. They have an equally wide power of
discharging him upon his 'making fine with the king.' We
must observe the language of the time. In strictness they
have no power to 'impose a fine.' No tribunal of this period,
unless we are mistaken, is ever said to impose a fine. To
order the offender to pay so much money to the king -this
the judge may not do. If he did it, he would be breaking or
evading the Great Charter, for an amercement should be
affeered, not by royal justices, but by neighbours of the
wrongdoer. What the judges can do is this: they can
pronounce a sentence of imprisonment and then allow


the
wrongdoer. What the judges can do is this: they can
pronounce a sentence of imprisonment and then allow the
culprit to 'make fi ne,' that is to make an end (finem facere)
of the matter by paying or finding security for a certain
sum of money. In theory the fine is a bilateral transaction, a
bargain; it is not 'imposed,' it is 'made.'" 2 Frederick Pollock
& Frederic W. Maitland, The History of English Law Before
the Time of Edward I 517 (2d ed. 1899).
2. To make a settlement of a penalty. -Magna Carta
(ch. 55) specifically limited "[a]lI fines which were made
with us unjustly and contrary to the law ofthe land ..."
(Omnes fines qui injuste et contra legem terrae facti sunt
nobiscum).
fine non capiendo pro pulchre placitando (fI-nee non
kap-ee-en-doh proh pdl-kree plas-~-tan-doh). [Latin
"a fine not to be taken for pleading fairly"] Hist. A writ
prohibiting court officers from taking fines for fair
pleading (i.e., beaupleader).
fine print. (1951) The part of an agreement or
document usu. in small, light print that is not easily
noticeable referring to disclaimers, restrictions, or
limitations.
fine pro redisseisina capiendo (fI-nee proh re-dis-see
zin-~ kap-ee-en-doh). [Law Latin "a fine to be taken for
again disseising"] Hist. A writ that entitled a person
imprisoned for twice dispossessing someone (redissei
sin) to release upon payment of a reasonable fine.
fines Ie roy (fmz l~ roy). [Law French] Hist. The king's
fines. _ A fine or fee that was paid to the monarch for
an offense or contempt.
fine sur cognizance de droit, comme ceo que il ad de son
done (fm s~r kon-az~nts d~ droyt, kom say-oh kweel
ad da sawn dawn). [Law French "a fine upon acknowl
edgment of the right, as that which he has of his gift"]
His!. The most common fine of conveyance, by which
the defendant (also called the deforciant) acknowledged
in court that he had already conveyed the property to
the cognizee. _ This form ofconveyance took the place
of an actual livery of seisin. See FINE (1). "But, in general, the first species of fine, 'sur cognizance
de droit come ceo, etc.,' is the most used, as it conveys
a clean and absolute freehold, and gives the cognizee a
seisin in law, without an actual livery; and is therefore
called a fine executed, whereas the others are but execu
tory." 2 William Blackstone, Commentaries on the Laws of
England 353 (1766).
fine sur cognizance de droit tantum (fm sar kon-a-zants
da droyt tan-t<lm). [Law French "fine upon acknowl
edgment of the right merely"] Hist. A fine of convey
ance that does not acknowledge a prior conveyance of
land. -This type of fine was used to convey reversion
ary interests that is, interests that did not require
acknowledgment ofan earlier livery ofseisin. See FINE
(1).
fine surconcessi! (fm S<lr k~n-ses-it). [Law French] Hist.
A species of conveyance in which the cognizor does
not acknowledge the cognizee's preceding right in land
but grants the cognizee an estate de novo, usu. for life
or a term of years, by way of supposed composition.
See FINE (1).
fine sur done, grant et render (fm S<lr dawn, grant
ay ren-d~r). [Law French "fine upon gift, grant and
render"] Hist. A double conveyance, consisting of a
fine sur cognizance de droit come ceo que il ad de son
done and afine sur concessit, used to convey particular
limitations ofestates. -For example, after acknowledg
ment of the cognizee's right in the land, the cognizee
would grant back to the cognizor or a third party some
other estate in the land. See FINE (1).
finger, vb. (1930) Slang. To identify (a person) as a per
petrator, usu. ofa crime <in his grand-jury testimony,
Vinson fingered Bauer as the gunman>.
finger pillory. See PILLORY.
fingerprint, n. (1859) 1. The distinctive pattern oflines
on a human fingertip <no two fingerprints are identi
cal>. [Cases: Criminal Law C=>475.5.] 2. The impres
sion of a fingertip made on any surface <the detective
found several fingerprints on the knife>. 3. An ink
impression of the pattern of lines on a fingertip, usu.
taken during the booking procedure after an arrest
<after Dick had his fingerprints taken, he was put in
the drunk tank>. -Also termed print; thumbprint.
Cf. DNA IDENTIFICATION. fingerprint, vb. finger
printing, n.
fingerprint claim. See PATENT CLAIM.
finire (fi-nI-ree), vb. [Law Latin] Hist. 1. To fine; to pay a
fine. 2. To end or finish a matter.
finis (fI-nis or fin-is). [Latin] (ISc) Hist. 1. Boundary or
limit. 2. The compromise of a fine of conveyance. See
FINE (1).
"The parties then applied to the court to compromise the
action; by the terms of the compromise (finis) the intending
vendor admitted that the land belonged to the intending
purchaser because he had given it to him, and the terms of
the compromise were recorded in the court records." Peter
Butt, Land Law 102 (2d ed. 1988).
3. A fine, or payment of money made to satisfy a claim
of criminal penalty.

710 finitio
jinitio (fi-nish-ee-oh). [Law Latin] Hist. An ending;
death.
jinium regundorum actio (fI-nee-;)m ri-g;)n-dor-;)m
ak-shee-oh). [Latin "action for regulating boundar
ies"] Roman law. An action for settling a boundary
dispute.
FlO. abbr. Free in and out.  This bill-of-Iading term
means that the shipper supervises and pays for loading
and unloading ofcargo. [Cases; Shipping C-:::> 1l0.]
FIOS. abbr. Free in and out stowed . This bill-of-lading
term means that the shipper supervises and pays for
loading, unloading, and stowing. [Cases; Shipping (;:::::>
110.]
firdfare. See FERDFARE.
fire, vb. (1885) To discharge or dismiss a person from
employment; to terminate as an employee. [Cases:
Labor and Employment (;:::J82S.]
firearm. (17c) A weapon that expels a projectile (such as
a bullet or pellets) by the combustion ofgunpowder or
other explosive. [Cases; Weapons (;:::J8.]
firebote. See housebote under BOTE (1).
firebug. See INCENDIARY (I).
firefighter's rule. A doctrine holding that a firefighter,
police officer, or other emergency professional may
not hold a person, usu. a property owner, liable for
unintentional injuries suffered by the professional in
responding to the situation created or caused by the
person. Also termed fireman's rule. [Cases; Negli
gence (;:::J570, 1315.]
fire insurance. See DISURANCE.
fireman's rule. See FIREFIGHTER'S RULE.
fire ordeal. See ordeal by fire under ORDEAL.
fire sale. See SALE.
firing squad. (l9c) 1. A group of persons assembled to
carry out a capital-punishment sentence by shooting
the prisoner with high-powered rifles at the same time
from a short distance. 2. A military detachment that
fires a salute, usu. during the burial ceremony for the
person being honored.
firm, n. (lSc) 1. The title under which one or more
persons conduct business jOintly. 2. The association
by which persons are united for business purposes .
Traditionally, this term has referred to a partnership,
as opposed to a company. But today it frequently refers
to a company. See LAW FIRM.
firma. [Latin]l. A lease. 2. A corporation or partner
ship.
firma burgi (far-m;) bar-jI). [Law Latin "the farm ofthe
borough"] Hist. A person's right to take the profits of a
borough. The monarch or the borough's lord granted
this right to a person upon payment of a fixed sum.
jirmafeodi. See FEE FARM.
firma noctis. See NOCTEM DE FIRMA. jirmaratio (f;)r-m,,-ray-shee-oh). [Law Latin] His/. A
tenant's right to the lands and tenements leased to
him.
firmarius (f"f-mair-ee-;)s). [Law Latin] A person entitled
to take rent or profits. Cf. FERMER (2).
jirma social (feer-mah soh-syahl). [Spanish] Spanish
law. An officially registered name of a corporation or
partnership.
firm bid. See BID (2).
firm-commitment underwriting. See UNDERWRITING.
firme. See FARM.
jirmitas (far-ma-tas). [Law Latin] Hist. An assurance of
some privilege by deed or charter.
firm offer. See irrevocable offer under OFFER.
firm opportunity. A law-firm lawyer's opportunity to
profit individually from a venture from which the firm
might benefit, as opposed to the individual lawyer, and
as to which the lawyer must therefore defer to the firm
and turn over any income to the firm.
firm-opportunity doctrine. See CORPORATE-OPPORTU
NITY DOCTRINE.
First Amendment. The constitutional amendment,
ratified with the Bill of Rights in 1791, guaranteeing
the freedoms of speech, religion, press, assembly, and
petition. [Cases: Constitutional Law C='1150-1205.]
first-blush rule. The common-law principle that allows
a court to set aside a verdict as excessive because the
verdict causes the mind to immediately conclude that
it resulted from passion or prejudice on the part ofthe
jury. [Cases: Federal Civil Procedure C:~)2345; New
Trial (;:::J77(2).]
first cause. See proximate cause under CAUSE (1).
first chair, n. (1952) Slang. The lead attorney in court for
a given case <despite having worked at the firm for six
years, the associate had yet to be first chair in a jury
trial>. -first-chair, vb.
first cousin. See COUSIN (1).
first-degree, adj. See DEGREE (2).
first-degree amendment. See primary amendment under
AMENDMENT (3).
first-degree manslaughter. See MANSLAUGHTER.
first-degree murder. See MURDER.
first-degree principal. See principal in the first degree
under PRINCIPAL (2).
first-degree sexual conduct. (1979) Sexual battery that
involves an aggravating factor, as when the perpetrator
commits the offense against a minor or when the per
petrator commits the offense in the course ofcommit
ting another crime, such as a burglary. Also termed
criminal sexual conduct in the first degree. [Cases:
Assault and Battery e::-~)59.]
first devisee. See DEVISEE.
first-filed rule. See FIRST-TO-FILE RULE.
first-filing rule. See FIRST-TO-FILE RULE.

711
first fruits. 1. Hist. One year's profits from the land of a
tenant in capite, payable to the Crown after the tenant's
death. -Also termed primer seisin. 2. Hist. Eccles. law.
The first year's whole profits of a clergyman's benefice,
paid by the incumbent to the Pope, or (after the break
with Rome) to the Crown . This revenue was later
termed "Queen Anne's Bounty" when it was converted
to a fund to benefit the poor. -Sometimes written
firstfruits. -Also termed primitiae; primitive; annates;
annats; Queen Anne's Bounty.
firsthand knowledge. See personal knowledge under
KNOWLEDGE.
first impression, case of. See CASE.
first-in, first-out. An accounting method that assumes
that goods are sold in the order in which they were pur
chased that is, the oldest items are sold first. -Abbr.
FIFO. Cf. LAST-IN, FIRST-OUT; NEXT-IN, FIRST-OUT.
first instance, court of. See trial court under COURT.
first-inventor defense. Patents. In a suit alleging infringe
ment ofa business-method patent, a statutory affirma
tive defense made out by showing that the defendant
was using the business method commercially for at least
a year before the plaintiff filed the patent application .
The First Inventor Defense Act of 1999 is codified at 35
lJSCA  273. [Cases: Patents (;:::::>283(1).]
first lien. See LIEN.
First Lord ofthe Admiralty. Hist. In Britain, a minister
and one of the lord commissioners who presided over
the navy . The First Lord was assisted by other lords,
called Sea Lords, and various secretaries.
First Lord ofthe Treasury. English law. The chief officer
in charge ofthe treasury . Today, this position is held
by the Prime Minister.
first magistrate. See MAGISTRATE (1).
first meeting. Archaic. Criminal law. The first contact
between a killer and a victim after the killer has been
informed ofthe victim's insulting words or conduct that
provoked the killing . If the killing occurred during
the first meeting, a murder charge could be


's insulting words or conduct that
provoked the killing . If the killing occurred during
the first meeting, a murder charge could be reduced to
manslaughter. See HEAT OF PASSION.
first meeting ofcreditors. See creditors' meeting under
MEETING.
first mortgage. See MORTGAGE.
first-mortgage bond. See BOND (3).
first name. See personal name under NAME.
first-named insured. See primary insured under
INSURED.
first of exchange. Archaic. The first in a series of drafts
(bills ofexchange) drawn in duplicate or triplicate for
safety in their delivery, the intention being that the
acceptance and payment of anyone of them, usu. the
first to arrive, cancels the others in the set.
first offender. See OFFENDER.
first office action. See OFFICE ACTION.
first option to buy. See RIGHT OF PREEMPTION. first-to-invent system
first-party insurance. See INSURANCE.
first-past-the-post voting. See plurality voting under
VOTING.
first policy year. Insurance. The first year of a life
insurance policy that is to be automatically renewed
annually. This statutory phrase prohibits an insurer
from using the policy's suicide exclusion as a defense
and refusing payment on the policy when an insured
commits suicide after the first year of the policy. The
insurer can invoke the suicide exclusion as a defense
to payment only if the insured commits suicide in the
first policy year. [Cases: Insurance ~~2434(1), 2594(5),
3125.]
first purchaser. See PURCHASER (2).
first refusal, right of. See RIGHT OF FIRST REFUSAL.
first-sale doctrine. (1963) L Copyright. The rule that the
purchaser ofa physical copy ofa copyrighted work, such
as a book or CD, may give or sell that copy to someone
else without infringing the copyright owner's exclusive
distribution rights . With regard to that physical copy,
the copyright owner's distribution right is said to be
exhausted. 17 USCA  109(a). [Cases: Copyrights and
Intellectual Property (;:::::>38.5.] 2. Patents. The principle
that the buyer ofa patented article has the right to use,
repair, and resell the article without interference from
the patentee . The patentee may still retain control of
the article through terms in the license or sale contract.
See PATENT-EXHAUSTION DOCTRINE. [Cases: Patents
(;:::::> 191.]
first taker. See TAKER.
first-to-file rule. (1969) Civil procedure. 1. The principle
that, when two suits are brought by the same parties,
regarding the same issues, in two courts ofproper juris~
diction, the court that first acquires jurisdiction usu.
retains the suit, to the exclusion of the other court.
The court with the second-filed suit ordinarily stays
proceedings or abstains. But an exception exists if
the first-filed suit is brought merely in anticipation of
the true plaintiff's suit and amounts to an improper
attempt at forum-shopping. See ANTICIPATORY FILING.
[Cases: Courts (~~)475, 493, 514; Federal Courts (;:::::>
1145.] 2. The doctrine allowing a party to a previously
filed lawsuit to enjoin another from pursuing a later~
filed action. -Also termed first-filing rule; first-filed
rule; priority-jurisdiction rule. [Cases: Courts (;::'480,
507,508,516; Federal Courts (;:::::> 1145.]
first-to-file system. Patents. The practice of granting
priority to the first person to file a patent application.
 Most ofthe world uses a first-to~file patent system; the
only major exception is the United States, which grants
priority to the first inventor. Cf. FIRST-TO~INVENT
SYSTEM. [Cases: Patents ~-c:>90(1).1
first-to-invent system. Patents. The practice ofawarding
a patent to the first person to create an invention, rather
than the first to file a patent application . Because the
first inventor is not necessarily the first person to file
for a patent, an interference hearing is held to decide
who is entitled to the patent. This system is used only

in the United States. See CONCEPTION OF INVENTION; I fish royal. Hist. Whales, sturgeon, and porpoises that,
PRIORITY OF INVENTION. Cf. FIRST-TO-FILE SYSTEM.
[Cases: Patents (::::090(1).]
first user. See SENIOR USER.
FISA. abbr. FOREIGN INTELLIGENCE SURVEILLANCE
ACT.
FISC. abbr. UNITED STATES FOREIGN INTELLIGENCE SUR
VEILLANCE COURT.
fisc (fisk), n. [Latinfiscusl The public treasury. -Also
spelledfisk.
fiscal (fis-kal), adj. (16c) 1. Of or relating to financial
matters <fiscal year>. 2. Ofor relating to public finances
or taxation <the city's sound fiscal policy>.
fiscal agent. See AGENT (2).
fiscal officer. See OFFICER (1).
fiscal period. See fiscal year under YEAR.
fiscal year. See YEAR.
fiscus (fis-kas), n. [Latin "the basket" or "moneybag"Jl.
Roman law. The emperor's treasury. -In later Roman
times, the term also included the treasury of the state.
See AERARIUM. 2. Hist. The treasury of a monarch
(as the repository of forfeited property), a noble, or
any private person. 3. The treasury or property of the
state as distinguished from the private property ofthe
monarch. Cf. HANAPER.
fishery. (16c) 1. A right or liberty of taking fish. -Fishery
was an incorporeal hereditament under old English
law. Also termed piscary. [Cases: Fish (::::03.]
free fishery. An exclusive right of fishery, existing by
grant or prescription from the monarch, to take fish
in public water such as a river or an arm ofthe sea.
Also termed libera piscaria.
right offishery. The right of persons to fish in public
waters, subject to federal and state restrictions and
regulations, such as fishing seasons, licenSing, and
catch limits.
severalfishery. A right to fish in waters that are neither
on one's own land nor on the land of a person who
granted the right to fish.
2. A fishing ground.
common fishery. A fishing ground where all persons
have a right to take fish. Cf. common ofpiscary under
COMMON.
fishing expedition. An attempt, through broad discov
ery requests or random questions, to elicit information
Also from another party in the hope that something relevant
might be found; esp., such an attempt that exceeds the
scope ofdiscovery allowed by procedural rules.
termedfishing trip. [Cases: Federal Civil Procedure
1272; Pretrial Procedure (::::028.]
"No longer can the time-honored cry of 'fishing exped i
tion' serve to preclude a party from inquiring into the facts
underlying his opponent's case." Hickman v, Taylor, 329
U.S. 495, 507, 67 S.Ct. 385, 392 (1947). when thrown ashore or caught near the English coast,
become Crown property.
fisk. See FISC.
fistuca. See FESTUCA.
fithwite. See FUTHWITE.
fitness for a particular purpose. See implied warranty of
fitness for a particular purpose under WARRANTY (2).
fitness hearing. See transfer hearing under HEARING.
fit occupantis (fit ahk-ya-pan-tis). [Latin] Hist. It becomes
the property of the captor.
Five Mile Act. Hist. A 1665 English act prohibiting
Puritan ministers from teaching or coming within five
miles of any town where they had held office if they
refused to pledge that they would not seek to overturn
the Church of England. -The Act was repealed in
1689.
501 (c)(3) organization. See CHARITABLE ORGANIZA
TION.
529 plan. A state-sponsored plan administered by
certain investment companies to allow parents and
others to accumulate pretax income to pay for a benefi
ciary's (usu. a child's) college education. _ Anyone can
contribute to an account set up under 529 plan gUide
lines. Withdrawals made for educational purposes are
taxed at the beneficiary's tax rate; other withdrawals
trigger an additional 10% penalty. IRC (26 USCA)
529. [Cases: Internal Revenue G-~4053.1
fix, n. (1816) I. A dose ofan illegal drug <the defendant
testified that he robbed the store because he needed to
buy a fix>. 2. A navigational reading.
fix, vb. (14c) 1. To announce (an exchange price, interest
rate, etc.) <interest was fixed at 6%>. 2. To establish
(a person's liability or responsibility) <you cannot fix
liability on the defendant without evidence>. 3. To
agree with another to establish (a price for goods or
services), often illegally <representatives of Acme and
Widget secretly met to fix prices for their companies'
products>_ See PRICE-FIXING. 4. To influence (an action
or outcome, esp. a sports event) by improper or illegal
means <after losing the election, the challenger claimed
that the incumbent had fixed the election>.
fix a day to which to adjourn. See adjourn to a day
certain under ADJOURN.
fixation. Copyright. The process or result of recording a
work of authorship in tangible form so that it can be
copyrighted under federal law. -Fixation occurs, for
instance, when a live television broadcast is transmit
ted and Simultaneously recorded on videotape. [Cases:
Copyrights and Intellectual Property 12(1).]
fix bail, vb. (18c) To set the amount and terms of bail
<after hearing the officer's testimony, the judge fixed
bail for the defendant at $100,000>. See BAIL.
fixed annuity. See ANNUITY.
fixed asset. See capital asset (1) under ASSET.

fixed-benefit plan. See defined pension plan under
PENSION PLAK.
fixed capital. See CAPITAL.
fixed charge. Seefixed cost under COST (1).
fixed cost. See COST (1).
fixed debt. See DEBT.
fixed-dollar investment. See INVESTMENT.
fixed expense. See fixed cost under COST (1).
fixed fee. See FEE (1).
fixed in a tangible medium of expression. Copyright.
(Of a work) embodied in a physical form that is made
by the author or under the author's authority and that
is either permanent or stable enough to be perceived,
reproduced, or otherwise communicated. - A work
consisting of sounds, images, or both that is being
transmitted is "fixed" ifit is recorded at the same time
that it is transmitted. [Cases: Copyrights and Intellec
tual Property 12(1).]
fixed income. See INCOME.
fixed-income investment. See INVESTMENT.
fixed-income security. See SECURITY.
fixed liability. See fixed debt under DEBT.
fixed opinion. See OPINION (3).
fixed price. See PRICE.
fixed-price contract. See CONTRACT.
fixed-rate mortgage. See MORTGAGE.
fixed-return dividend. See DIVIDEND.
fixed sentence. See SENTENCE.
fixed sentencing. See mandatory sentencing under 5EK
TENCING.
fixed-term lease. Oil & gas. An oil-and-gas lease for a
fixed period of time, lacking the indefinite "so long
thereafter" provision commonly found in such leases.
Cf. HABENDUM CLAUSE. [Cases: Mines and Minerals
fixed trust. See TRUST.
fixing a jury. See JURY-FIXING.
fixture. (18c) Personal property that is attached to land
or a building and that is regarded as an irremovable
part of the real property, such as a fireplace built
into a home. See UCC  9-102(a)(41) . Historically,
personal property becomes a fixture when it is physi
cally fastened to or connected with the land or building
and the fastening or connection was done to enhance
the utility ofthe land or building. Ifpersonal property
has been attached to the land or building and enhances
only the chattel's utility, it is not a fixture. For example,
ifbricks are purposely stacked to form a wall, a fixture
results. But if the bricks are merely stacked for conve
nience until used for some purpose, they do not form a
fixture. Also termed permanent fixture; immovable
fixture. Cf. IMPROVEMENT. (Cases: Fixtures C=' 1.J
"A fixture can best be defined as a thing which, although
originally a movable chattel, is by reason of its annexation to, or association in use with land, regarded as a part of
the land .... The law of fixtures concerns those situations
where the chattel annexed still retains a separate identity
in spite of annexation, for example a furnace or a light
fixture. Where the chattel annexed loses such identity, as
in the case of nails. boards, etc., the problem becomes one
of accession." Ray Andrews Brown. The Law of Personal
Property  137, at 698 & n.1 (2d ed. 1955).
"Broadly. goods can be classified for the purposes of [UCC
l 9-313 into three categories: those that remain 'pure
goods,' those so substantially integrated into real estate as
to become real estate themselves, 'pure realty,' and those
in the gray area that would pass in a deed to the real estate
but that retain separate status as personal property. These
last are fixt


the gray area that would pass in a deed to the real estate
but that retain separate status as personal property. These
last are fixtures." 4 James J. White & Robert S. Summers.
Uniform Commercial Code  33-8, at 338 (4th ed. 1995).
agricultural fixture. A fixture erected on leased land
for use in agricultural pursuits, such as tilling the
land or keeping farm animals . These fixtures mayor
may not be removable at the end of the lease. [Cases:
Fixtures C=' 16.]
domestic fixture. Removable personal property
provided by a tenant for the tenant's personal comfort
and convenience while occupying leased premises.
 This term frequently applies to items such as large
kitchen appliances. See tenant's fixture. Cf. ornamen
tal fixture. [Cases: Fixtures (;::::::> 17, 18.3.]
ornamental fixture. Removable personal property that
a tenant attaches to leased premises to make them
more attractive and comfortable . This term some
times overlaps with domestic fixture when an object
is decorative as well as functional. See tenant's fixture.
Cf. domestic fixture. [Cases: Fixtures 18.3.]
tenant's fixture. (1832) Removable personal property
that a tenant affixes to the leased property but that
the tenant can detach and take away. -Also termed
movable fixture. See domestic fixture; ornamental
fixture. [Cases: Fixtures (;::;:> 13.]
trade fixture. (1839) Removable personal property that
a tenant attaches to leased land for business purposes,
such as a display counter.  Despite its name, a trade
fixture is not usu. treated as a fixture -that is, as
irremovable. (Cases: Fixtures (;::~) 15.]
fixture filing. (1972) The act or an instance of record
ing, in public real-estate records, a security interest in
personal property that is intended to become a fixture.
See UCC  9-102(a)(40) . The creditor files a financing
statement in the real-property records of the county
where a mortgage on the real estate would be filed.
A fixture-filing financing statement must contain a
deSCription of the real estate. (Cases: Secured Trans
actions (;::::::>85, 94.]
FJe. abbr. FEDERAL JUDICIAL CENTER.
FKA. abbr. Formerly known as. Also rendered FIKIA;
fka;f!kla.
flag, n. (14c) 1. A usu. rectangular piece ofcloth, bunting,
or other material decorated with a distinctive design
and used as a symbol or Signal. 2. Something symbol
ized by the display of a flag, such as a ship or national
ity. See DUTY OF THE FLAG; LAW OF THE FLAG.

jlag ofconvenience. Int'llaw. A national flag flown by
a ship not because the ship or its crew has an affilia
tion with the nation, but because the lax controls and
modest fees and taxes imposed by that nation have
attracted the owner to register it there. After World
War II, shipowners began registering their ships in
countries such as Panama, Liberia, and Honduras to
avoid expensive and restrictive national regulation of
lahor, safety, and other matters. Since the late 1950s,
there has been increasing international pressure to
require a "genuine link" between a ship and its flag
state, but this reform has been slow in coming.
Abbr. FOC. [Cases: Shipping
jlag oftruce. Int' flaw. A white flag used as a signal
when one belligerent wishes to communicate with the
other in the field . The bearers ofsuch a flag may not
be fired on, injured, or taken prisoner, as long as they
carry out their mission in good faith.
flag desecration. The act of mutilating, defacing,
burning, or flagrantly misusing a flag . Flag dese
cration is constitutionally protected as a form of free
speech. United States v. Eichman, 496 U.S. 310, 110 S.Ct.
2404 (1990). [Cases: United States (:::::>5.5.]
flag mast. See MAST (1).
jlagrans bellum (flay-granz bel-;3m). [Latin "raging war"]
A war currently being waged.
jlagrans crimen (flay-granz en-man). [Latin] A crime in
the very act of its commission or ofrecent occurrence;
a fresh crime.
jlagrante bello (fla-gran-tee bel-oh). [Latin] During an
actual state ofwar.
jlagrante delicto. See IN FLAGRANTE DELICTO.
flag state. Maritime law. The state under whose flag a
ship is registered . A ship may fly the flag ofone state
only. [Cases: Shipping ~2.J
flag-state control. Maritime law. The exercise ofauthor
ity by a state over vessels that fly under its flag to ensure
compliance with domestic and international safety and
environmental laws and regulations. Cf. COASTAL
STATE CONTROL; PORT-STATE CONTROL. [Cases:
Shipping~2.J
flash-of-genius rule. Patents. The now-defunct prin
ciple that a device is not patentable if it was invented
as the result of trial and error rather than as a "flash
of creative genius."  1he rule, which takes its name
from language in Cuno Engineering Corp. v. Automatic
Devices Corp., 314 U.S. 84, 91, 62 S.Ct. 37,41 (1941), was
legislatively overturned in 1952. 35 USCA  103. [Cases:
Patents ~17.J
flat, adv. 'Without an allowance or charge for accrued
interest <the stock was sold flat>.
flat, n. A house in a larger block; an apartment.
flat bond. See BOND (3).
flat cancellation. See CANCELLATION.
flat money. See fiat money under MONEY.
flat reinsurance. See REINSURANCE. flat sentence. See determinate sentence under
SENTENCE.
flat tax. See TAX.
flat time. See TIME.
fledwite (fled-WIt). Hist. 1. A discharge from an amerce
ment (a fine) for a fugitive who turns himselfor herself
in to the monarch. 2. The fine set on a fugitive as the
price for obtaining freedom. 3. The right to hold court
and take an amercement for the offenses ofbeating
and striking. -Also spelled jleduite. -Also termed
flighwite.
flee from justice. See FLIGHT.
fleet insurance. See INSURANCE.
Fleet marriage. See MARRIAGE (1).
Fleet Prison. Hist. A large London jail best known for
holding debtors and bankrupts in the 18th and 19th
centuries. Formerly standing beside the Fleet River, it
was opened in 1197 and operated almost continuously
until it was closed and demolished in 1846.
fleme (fleem). Hist. An outlaw; a fugitive bondman or
villein. Also spelled flem. Also termedflyma.
flemene frit (flee-m;3n frit). Hist. The harboring or
aiding ofa fleme (a fugitive). -Also termed and spelled
jlernenes frinthe; flemensfirth; flyman frynth; flyrnena
frynthe.
flemeswite (fleemz-wIt). Hist. The privilege to possess,
or the actual possession of, the goods and fines of a
fleme (a fugitive).
Fleta seu Commentarius Juris Anglicani (flee-t;:) syoo
kom-an-tair-ee-as joor-is ang-gl;3-kay-m). Hist. 1he
title ofan ancient treatise on English law, composed in
the 13th century and first printed in 1647. The work is
largely derivative, being based on Bracton's De Legibus
et Consuetudinibus. The unknown author may have
been a judge or lawyer who wrote the treatise while in
London's Fleet prison. Often shortened to Fleta.
FLETC. abbr. FEDERAL LAW ENFORCEMENT TRAINING
CENTER.
flexdollars. Money that an employer pays an employee,
who can apply it to a choice of employee benefits.
flexible constitution. See CONSTITUTION.
flexible-rate mortgage. 1. See adjustable-rate mortgage
under MORTGAGE. 2. See renegotiable-rate mortgage
under MORTGAGE.
flextime. (1972) A work schedule that employees have
discretion to alter as long as they work their required
number ofhours over a specified period (usu. a week).
flexweek. A four-day workweek, usu. consisting offour
lO-hour days.
flier policy. See INSURANCE POLICY.
flight. (bef. 12c) The act or an instance offleeing, esp.
to evade arrest or prosecution <the judge denied bail
because the defendant is a flight risk>. -Also termed
flight from prosecution; flee from justice.

715 FLRA
flight easement. See avigational easement under
EASEMENT.
flight from prosecution. See FLIGHT.
flighwite. See FLEDWITE.
flim flam. (16c) A scheme by which a person is tricked
out of money; CONFIDENCE GAME . The term origi
nated as the name of a machine at the heart of a mid
19th-century patent case, Sloat v. Spring, 22 F. Cas. 330
(C.C.E.D. Pa. 1850). -Also termed faith and trust.
flip, vb. Slang. 1. To buy and then immediately resell secu
rities or real estate in an attempt to turn a profit. 2. To
refinance consumer loans. 3. To turn state's evidence.
See TURN STATE'S EVIDENCE.
flip mortgage. See MORTGAGE.
flipping. Slang. l. lhe legitimate practice of buying
something, such as goods, real estate, or securities,
at a low price and qUickly reselling at a higher price.
2. The fraudulent practice ofbuying property at a low
price, preparing a false appraisal or other documenta
tion showing that property has a much greater value,
and quickly reselling the property for an inflated price
based on the false document.
float, n. (1915) 1. The sum ofmoney represented by out
standing or uncollected checks.
"'Float' refers to the artificial balance created due to
delays in processing cred its and debits to an account." In
re Cannon, 277 F.3d 838, 843 (6th Cir. 2002).
2. The delay between a transaction and the withdrawal
of funds to cover the transaction. 3. The amount ofa
corporation's shares that are available for trading on
the securities market.
float, vb. (1833) 1. (Of a currency) to attain a value in
the international exchange market solely on the basis
of supply and demand <the IMF allowed the peso to
float>. 2. To issue (a security) for sale on the market
<PDQ Corp. floated a new series ofpreferred shares>.
3. To arrange or negotiate (a loan) <the bank floated a
car loan to Alice despite her poor credit history>.
floatage. See FLOTSAM.
floater. See floating-rate note under NOTE (1).
floater insurance, See INSURANCE.
floating, adj. Not fixed or settled; fluctuating; variable.
floating capital. See CAPITAL.
floating charge. See floating lien under LIEN.
floating debt. See DEBT.
floating easement. See EASEMENT.
floating-interest bond. See BOND (3).
floating lien. See LIEN.
floating policy. See INSURANCE POLICY.
floating rate. See INTEREST RATE.
floating-rate note. See NOTE (1).
floating stock. See STOCK.
floating zone. See ZONE. floating zoning. See ZONING.
floodgate. (usu. pl.) (13c) A restraint that prevents a
release of a usu. undesirable result <the new law opened
the floodgates oflitigation>.
flood insurance. See INSL'RANCE.
floodplain. (19c) Land that is subject to floodwaters
because ofits level topography and proximity to a river
or arroyo; esp., levelland that, extending from a river
bank, is inundated when the flow of water exceeds the
channel's capacity.
floodwater. See WATER.
floor. (18c) 1. Parliamentary law. The part of the hall
where the members of a deliberative body meet to
debate issues and conduct business; esp., a legisla
ture's central meeting place where the members sit
and conduct business, as distinguished from the gal
leries, corridors, or lobbies <the Senate floor> <nom
inations from the floor>. See assignment ofthe floor
under ASSIGNMENT (6); CLAIM THE FLOOR; HAVE THE
FLOOR; OBTAIN THE FLOOR; ON THE FLOOR; privilege
ofthe floor under PRIVILEGE (6). [Cases: States <:::=32.]
2. The trading area where stocks and commodities are
bought and sold on an exchange <the broker placed his
buy order with the trader on the floor ofthe NYSE>. 3.
The lowest limit <the floor for that position is $25,000
per year>.
floor amendment. See AMENDMENT (3).
floor debate. See DEBATE.
floor-plan financing. See FINANCING.
floor planning. Seefloor-plan financing under FINANC
ING.
floor-plan rule. The principle by which a vehicle owner
who has placed for sale a vehicle in a retail dealer's
showroom is estopped to deny the title ofan innocent
purchaser from the dealer in the ordinary course of
ret


showroom is estopped to deny the title ofan innocent
purchaser from the dealer in the ordinary course of
retail dealing. [Cases: Estoppel
floor price. See PRICE.
floor tax. See TAX.
flotage. See FLOTSAM.
flotation. See OFFERING.
flotation cost. See COST (1).
floterial district. See DISTRICT.
flotsam (flot-s;)m). (17c) Goods and debris, esp. those
from a shipwreck, that float on the surface of a body
of water. Also termedfloatage;flotage. Cf. JETSAM;
LAGAK (1); WAVESON.
flowage. (19c) The natural movement of water from a
dominant estate to a servient estate . It is a privilege
or easement of the owner ofthe upper estate and a ser
vitude of the lower estate. [Cases: Waters and Water
Courses G=:> 116-119, 161.]
flowage easement. See EASEMENT.
flower bond. See BOND (3).
FtRA. abbr. FEDERAL LABOR RELATIONS AUTHORITY.

FLSA 716
FLSA. abbr. FAIR LABOR STANDARDS ACT.
fluctuating clause. See ESCALATOR CLAUSE.
flyer policy. See flier policy under INSURANCE POLICY.
fly for it. Hist. To flee after allegedly committing a crime.
 The ancient custom in criminal trials was to ask the
jury after its verdict even a not-guilty verdict -"Did
he fly for it?" The purpose was to enable the jury to find
whether the defendant had fled from justice. A defen
dant who had fled would forfeit personal property, even
though found not guilty on the underlying charge.
flyma. See HEME.
flyman frynth. See FLEMENE FRIT.
flymena frynthe. See FLEMENE FRIT.
fly-power assignment. See ASSIGNMENT (2).
flyspeck, n. Insurance. A potential trivial defect in title
to real property, as a result of which a title-insurance
company is likely to exclude any risk from that defect
before issuing a policy. flyspeck, vb.
FMC. abbr. FEDERAL MARITIME COMMISSION.
FMCS. abbr. FEDERAL MEDIATION AND CONCILIATION
SERVICE.
FMCSA. abbr. FEDERAL MOTOR CARRIER SAFETY ADMIN
ISTRATION.
FmHA. abbr. FARMERS' HOME ADMINISTRATION.
FMLA. abbr. 1. FAMILY AND MEDICAL LEAVE ACT. 2.
FEDERAL MARITIME LIEN ACT.
FMS. abbr. FINANCIAL MANAGEMENT SERVICE.
FMSF. abbr. FALSE MEMORY SYNDROME FOUNDATION.
FMSHRC. abbr. FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION.
FMV. See fair market value under VALUE (2).
FNMA. abbr. FEDERAL NATIONAL MORTGAGE ASSOCIA
TION.
FNS. abbr. FOOD, NUTRITION, AND CONSUMER SERVICE.
FOB. abbr. FREE ON BOARD.
FOB destination. See FREE ON BOARD.
FOB shipping. See FREE ON BOARD.
FOC. See flag ofconvenience under FLAG.
foedus (fee-das). [Latin "league"] Hist. Int'I law. A treaty;
league; compact.
foenus nauticum (fee-llds naw-ta-bm). [Latin] Civil
law. :t\autical or maritime interest; esp., an extraordi
nary rate ofinterest charged to underwrite a hazardous
voyage. -Also termed usura maritima.
foesting-men. See HABENTES HOMINES.
foeticide. See FETICIDE.
foetus. See FETl:S.
FOIA (foY-d). abbr. FREEDOM OF INFORMATION ACT.
foiable (foy-a-bal), adj. (1981) Slang. (Of documents)
subject to disclosure under the Freedom ofInforma
Hon Act (ForA). [Cases: Records C=>53.] folcland. See FOLKLAND.
foldage. See FALDAGE (1).
folio (foh-Iee-oh). [fro Latinfolium "leaf"] (15c) 1. Hist.
A leaf of a paper or parchment, numbered only on the
front.  A folio includes both sides of the leaf, or two
pages, with the letters "a" and "b" (or "r" and "v," signi
fying recto and verso) added to show which of the two
pages was intended. 2. Rist. A certain number ofwords
in a legal document, used as a method ofmeasurement.
 In England, 72 or 90 words formed a folio; in the
United States, 100 words. folio, vb.
"Folio ... [a] certain number of words; in conveyances, etc.,
and proceedings in the High Court amounting to seventy
two, and in parliamentary proceedings to ninety." Ivan
Horniman, Wharton's Law Lexicon 368 (13th ed. 1925)_
3. A page number on a printed book. 4. A large book the
pages of which are formed by folding a sheet of paper
only once in the binding to form two leaves, making
available four pages (both sides of each leaf).
folkland. Hist. Land held by customary law, without
written title. -Also spelled foleland. Cf. BOOKLAND;
LOANLAND.
"In all discussions on Anglo-Saxon law bookland is con
trasted with 'folkland: The most recent and probably
the most correct view is that folkland simply means land
subject to customary law, as opposed to land which was
held under the terms of a charter. It would seem that the
view that folkland means public land or land of the people,
though till recently generally accepted, must be abandoned
as resting on insufficient evidence. It appears that folkland
might either be land occupied by indiViduals or families
or communities, or it might be waste or unoccupied land.
The only characteristic which can be universally ascribed
to it is, that it is not bookland." Kenelm E. Digby, An Intro
duction to the History of the Law of Real Property 15 (5th
ed.1897).
folk Jaws. See LEGES BARBARORUM.
folkmote. See HALLMOTE (3).
follow, vb. (bef. 12c) To conform to or comply with;
to accept as authority <the lawyer assumed that the
Supreme Court would follow its own precedent>.
following-form policy. See INSURANCE POLICY.
follow-the-fortunes doctrine. Insurance. The principle
that a reinsurer must reimburse the reinsured for its
payment of settled claims as long as the reinsured's
payments were reasonable and in good faith . This rule
prevents a reinsurer from second-guessing a reinsured's
good-faith decision to pay a claim arguably not covered
under the original insurance policy. -Often shortened
to follow the fortunes. [Cases: Insurance 3615.]
follow-the-settlements doctrine. Insurance. The prin
ciple that an indemnitor must accede to the actions of
the indemnitee in adjusting and settling claims; esp.,
the principle that a reinsurer must follow the actions of
the reinsured. [Cases: Insurance C=>3615.]
fons juris. See SOURCE OF LAW.
Food and Drug Administration. A division of the U.S.
Public Health Service in the Department ofHealth and
Human Services responsible for ensuring that food is
safe, pure, and wholesome; that human and animal

717 force
drugs, biological products, and medical devices are
safe and effective; and that certain other products, such
as electronic products that emit radiation, are safe.
Created by the Pure Food and Drug Act of 1906, the
agency today enforces the Food, Drug, and Cosmetic
Act of 1938 and related statutes and regulations. 21
USCA  301 et seq. Abbr. FDA. [Cases: Food
1.7; Health ~302.]
food-disparagement law. See AGRICULTURAL-DISPAR
AGEMENT LAW.
Food, Drug, and Cosmetic Act. A 1938 federal law pro
hibiting the transportation in interstate commerce of
adulterated or misbranded food, drugs, or cosmetics.
-The Act superseded the Pure Food and Drug Act of
1906. Abbr. FDCA. [Cases: Food Health
302.]
Food, Nutrition, and Consumer Service. An agency
in the U.S. Department of Agriculture responsible
for reducing hunger by educating children and needy
people about healthy diets and by proViding them
access to food through the food-stamp and other
programs. -Abbr. FNS.
Food Safety and Inspection Service. An agency in the
U.S. Department ofAgriculture responsible for inspect
ing all types of meat, poultry, eggs, and related products
to ensure safety and accurate labeling. Abbr. FSIS.
[Cases: Food c>1.7.]
fool's test. The test formerly used by federal courts and by
the Federal Trade Commission to determine whether
an advertisement is deceptive, by asking whether even
a fool might believe it. -The name comes from Isaiah:
"wayfaring men, though fools, shall not err therein."
The test was announced in Charles ofthe Ritz Distrib.
Corp. v. Fed. Trade Comm'n, 143 F.2d 676 (2d Cir. 1944).
It was replaced by a "reasonable consumer" test by the
FTC in 1984. Cf. REASONABLE-CONSUMER TEST. [Cases:
Antitrust and Trade Regulation (;:::, 161.]
foot acre. See ACRE.
footage drilling contract. Oil & gas. A drilling contract
under which the drilling contractor is paid to drill to
a specified formation or depth, is paid a set amount
per foot drilled, and is given broad control over how
to do the work. -The risk of unexpected delays, as
well as most liabilities, is on the contractor rather
than the lease operator under this type of contract.
Cf. DAY WORK DRILLING CONTRACT; turnkey drilling
contract DRILLING CONTRACT.
foot-frontage rule. Tax. A method of property-tax
assessment used esp. to pay for improvements such
as sidewalks and sewers that considers only the lot's
actual frontage on the line of improvement and ignores
the depth of the lot and the number and character of
other improvements or their value.
footgeld (fuut-geld). Hist. In forest law, a fine imposed
for not making a dog incapable of hunting by either
cutting out the ball ofits paw or cutting off its claws. -
Ihe cutting was known as "expeditating" the dog. To be "free" or "quit" of footgeld was to be relieved of the
duty to expeditate one's dog.
foot of the fine. His!. At common law, the fifth and last
part of a fine of conveyance. -This part included the
entire matter, reciting the names ofthe parties and the
date, place, and before whom it was acknowledged or
levied. -Also termed chirograph. See FINE (1).
footprint. (16c) l. Evidence. The impression made on a
surface of soil, snow, etc., by a human foot or a shoe,
boot, or any other foot covering. [Cases: Criminal
Law ~475.6.1 2. Real estate. The shape of a build
ing's base.
for account of. (1826) A form of indorsement on a note
or draft introducing the name ofthe person entitled to
receive the proceeds.
Foraker Act (for-<'l-k<'Ir). The original (1900) federal law
i providing Puerto Rico with a civil government, but' keeping it outside the u.s. customs area. See 48 USCA
 731-752.
foraneous (fCl-ray-nee-Cls), adj. [fr. Latin forum "market
place"] Of or relating to a court or marketplace.
foraneus (f<'l-ray-nee-Cls), n. [fro Latin joris "without"]
Hist. A foreigner; an alien; a stranger.
forathe (for-ayth). Hist. In forest law, one who can make
an oath or bear witness for another.
forbannitus (for-ban-<'l-t<"ls). [Law Latin] Hist. l.A pirate;
an outlaw. 2. One who was banished. -Also termed
forisbanitus.
forbarre (for-bahr), vb. [Law French] Hist. To preclude;
to bar out; to estop.
forbatudus (for-bd-t[y]oo-dds). [Law Latin] Hist. A
person who provokes and dies in - a fight.
forbearance, n. (16c) 1. The act of refraining from enforc
ing a right, obligation, or debt. -Strictly speaking,
forbearance denotes an intentional negative act, while
omission or neglect is an unintentional negative act. 2.
The act of tolerating or abstaining. forbear, vb.
forbidden degree. See prohibited degree under DEGREE.
forbidden departure. See DEPARTURE.
for cause. For a legal reason or ground. -The phrase
expresses a common standard governing the removal
of a civil servant or an employee under contract. for
cause, adj.
for-cause, n' See challenge for cause under CHALLENGE
(2).
force, n. (14c) Power, violence, or pressure directed
against a person or thing.
actual force. (16c) Force consisting in a physical act,
esp. a violent act directed against a robbery victim.
Also termed physical jorce. [Cases: Robbery (;:::)6.]
constructive force. (1802) Threats and intimidation to
gain control or prevent resistance; esp., threatening
words or gestures directed against a robbery victim.
[Cases: Robbery~6.1

718 force
deadly force. (16c


.
[Cases: Robbery~6.1

718 force
deadly force. (16c) Violent action known to create a
substantial risk of causing death or serious bodily
harm. _Generally, a person may use deadly force in
self-defense or in defense of another only if retali
ating against another's deadly force. -Also termed
extreme force. Cf. nondeadly force.
"Under the common law the use of deadly force is never
permitted for the sole purpose ofstopping one fleeing from
arrest on a misdemeanor charge ...." Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 1098 (3d ed. 1982).
excessive force. (16c) Unreasonable or unnecessary
force under the circumstances.
extremeforce. See deadly force.
independent force. Force not stimulated by a situation
created by the actor's conduct.
interveningforce. Force that actively produces harm
to another after the actor's negligent act or omission
has been committed.
irresistible force. (16c) Force that cannot be foreseen or
controlled, esp. that which prevents the performance
ofa contractual obligation; FORCE MAJEURE. [Cases:
Contracts (;=>309(1).]
legal force. See reasonable force.
nondeadly force. (1961) 1. Force that is neither intended
nor likely to cause death or serious bodily harm; force
intended to cause only minor bodily harm. 2. A threat
of deadly force, such as displaying a knife. Also
termed moderate force. Cf. deadly force.
physical force. See actual force.
reasonable force. (17c) Force that is not excessive and
that is appropriate for protecting oneself or one's
property. -The use of reasonable force will not
render a person criminally or tortiously liable. Also
termed legal force.
"One does not use jeweller's scales to measure reasonable
force." Reed v. Wastie, [1972] Crim. L.R. 221 (per Lane, J.)
(as quoted in Glanville Williams, Textbook ofCriminal Law
451 (1978)).
unlawful force. (16c) Force that is directed against a
person without that person's consent, and that is a
criminal offense or an actionable tort. Model Penal
Code  3.11. [Cases: Assault and Battery(;=> 1,47.]
force, vb. (14c) To compel by physical means or by legal
requirement <Barnes used a gun to force Jillian to use
her ATM card> <under the malpractice policy, the
insurance company was forced to defend the doctor>.
force and arms. Hist. Violence. _ The phrase was used
in common-law pleading in declarations of trespass
and in indictments to denote that the offending act was
committed violently. See VI ET ARMIS.
force and effect, n. (16c) Legal efficacy <mailing the brief
had the force and effect of filing it with the clerk>. _
1he term is now generally regarded as a redundant
legalism.
forced abortion. See ABORTION.
forced conversion. See CONVERSION (1). forced exile. See EXILE.
forced heir. See HEIR.
forced labor. lnt'llaw. Work exacted from a person
under threat of penalty; work for which a person has
not offered himself or herself voluntarily. _ Under the
U.N. Convention on Civil and Political Rights (article
8), exemptions from this definition include (1) penalties
imposed by a court, (2) compulsory military service,
(3) action taken in an emergency, (4) normal civil obli
gations, and (5) minor communal services. Also
termed compulsory labor.
forced 	 pooling. See compulsory pooling under
POOLING.
forced portion. See LEGITIME.
forced resettlement.lnt'llaw. The involuntary transfer
of individuals or groups within the jurisdiction of a
country whether inside its own territory or into or out
ofoccupied territory.
forced respite. See RESPITE.
forced sale. See SALE.
forced share. See ELECTIVE SHARE.
forced unitization. See compulsory unitization under
UNITIZATION.
force majeure (fors ma-zhar). [Law French "a superior
force"] (1883) An event or effect that can be neither
anticipated nor controlled. _ The term includes both
acts of nature (e.g., floods and hurricanes) and acts of
people (e.g., riots, strikes, and wars). -Also termed
force majesture; vis major; superior force. Cf. ACT OF
GOD; VIS MAJOR (1).
force-ma;enre clause. (1916) A contractual provision
allocating the risk of loss if performance becomes
impossible or impracticable, esp. as a result of an event
or effect that the parties could not have anticipated or
controlled. [Cases: Contracts (;=>309(1).]
force-the-vote provision. Mergers & acquisitions. A con
tractual clause requiring a company's board of direc
tors to approve a merger transaction and submit it to
the shareholders, who then vote on the merger regard
less ofwhether the board recommends that the share
holders approve it when the vote is held.
forcible, adj. (15c) Effected by force or threat of force
against opposition or resistance.
"[In the law of trespass, the] term 'forcible' is used in a
wide and somewhat unnatural sense to include any act
of physical interference with the person or property of
another. To lay one's finger on another person without
lawful justification is as much a forcible injury in the eye
of the law, and therefore a trespass, as to beat him with
a stick. To walk peacefully across another man's land is a
forcible injury and a trespass, no less than to break into
his house vi et armis. So also it is probably a trespass
deliberately to put matter where natural forces will take it
on to the plaintiff's land." R.F.v. Heuston, Salmond on the
Law ofTorts 5 (17th ed. 1977).
forcible detainer. 1. The wrongful retention of posses
sion ofproperty by one originally in lawful possession,

719
often with threats or actual use ofviolence. 2. FORCIBLE
ENTRY AND DETAINER (2).
forcible entry. (17c) 1. The act or an instance ofviolently
and unlawfully taking possession of lands and tene
ments against the will of those in lawful possession.
2. The act of entering land in another's possession by
the use of force against another or by breaking into
the premises.
forcible entry and detainer. (17c) 1. The act of violently
taking and keeping possession oflands and tenements
without legal authority. [Cases: Forcible Entry and
Detainer C=:>4.]
"To walk across another's land, or to enter his building,
without privilege, is a trespass, but this in itself, while a
civil wrong, is not a crime. However, if an entry upon real
estate is accomplished by violence or intimidation, or if
such methods are employed for detention after a peaceable
entry, there is a crime according to English law, known
as forcible entry and detainer. This was a common-law
offense in England, although supplemented by English
statutes that are old enough to be common law in this
country.... It has sometimes been said that there are
two separate offenses (1) forcible entry and (2) forcible
detainer. This may be true under the peculiar wording of
some particular statute, but in general it seems to be one
offense which may be committed in two different ways."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law487-88
(3d ed. 1982).
2. A quick and simple legal proceeding for regaining
possession of real property from someone who has
wrongfully taken, or refused to surrender, posses
sion. -Also termed forcible detainer. See EVICTION;
EJECTMENT. [Cases: Forcible Entry and Detainer C=:>6;
Landlord and Tenant C=:>287.]
"Forcible entry and detainer is a remedy given by statute
for the recovery of possession of land and of damages for
its detention. It is entirely regulated by statute, and the
statutes vary materially in the different states." Benjamin J.
Shipman, Handbook ofCommon-Law Pleading  74, at 188
(Henry Winthrop Ballantine ed., 3d ed. 1923).
foreclose, vb. (lSc) To terminate a mortgagor's interest in
property; to subject (property) to foreclosure proceed
ings. [Cases: Mortgages C-~J380.]
"Should the mortgagor default in his obligations under
the mortgage, the mortgagee will seek to 'foreclose',
I.e., 'end' or 'close' the mortgagor's rights in the security.
After taking the appropriate statutory steps, the mort
gagee will sell the mortgaged property. If the sale is to
someone other than the mortgagor or the mortgagee (a
'third party' sale) the proceeds will go: first, to pay the
costs of the foreclosure proceedings; second, to payoff
the principal indebtedness and accrued interest; third, if
there is anything left over (I.e., any 'equity' existed) this is
paid to the mortgagor." Edward H. Rabin, Fundamentals of
Modern Real Property Law 1087 (1974).
foreclosure (for-kloh-zhdr)_ (18c) A legal proceeding to
terminate a mortgagor's interest in property, instituted
by the lender (the mortgagee) either to gain title or to
force a sale in order to satisfy the unpaid debt secured
by the property. Cf. REPOSSESSION. [Cases: Mortgages
(::::: 380.]
equitable foreclosure. (1876) A foreclosure method
in which the court orders the property sold, and
the proceeds are applied first to pay the costs of the foreign
lawsuit and sale and then to the mortgage debt. -Any
surplus is paid to the mortgagor. [Cases: Mortgages
(:::::>386.)
judicial foreclosure. (1839) A costly and time-con
suming foreclosure method by which the mortgaged
property is sold through a court proceeding requir
ing many standard legal steps such as the filing of a
complaint, service ofprocess, notice, and a hearing.
Judicial foreclosure is available in all jurisdictions and
is the exclusive or most common method of foreclo
sure in at least 20 states. [Cases: Mortgages C=:>380.]
mortgage foreclosure. (1842) A foreclosure ofthe mort
gaged property upon the mortgagor's default. [Cases:
Mortgages C=:>380, 394.]
nonjudicial foreclosure. (1916) 1. See power-of-sale
foreclosure. 2. A foreclosure method that does not
require court involvement. [Cases: Mortgages
329.)
power-of-sale foreclosure, (1946) A foreclosure process
by which, according to the mortgage instrument and a
state statute, the mortgaged property is sold at a non
judicial public sale by a public official, the mortgagee,
or a trustee, without the stringent notice require
ments, procedural burdens, or delays of a judicial
foreclosure. _ Power-of-sale foreclosure is authorized
and used in more than half the states. Also termed
nonjudicial foreclosure; statutory foreclosure. [Cases:
Mortgages C=:>329.]
strict foreclosure. (1823) A rare procedure that the
mortgagee title to the mortgaged property -without
first conducting a sale -after a defaulting mortgagor
fails to pay the mortgage debt within a court-speci
fied period. _ The use of strict foreclosure is limited
to special situations except in those few states that
permit this remedy generally. [Cases: Mortgages C=:>
384.]
tax foreclosure. (1869) A public authority's seizure
and sale ofproperty for nonpayment oftaxes. [Cases:
Taxation (:::::2922.]
foreclosure decree. (1847) 1. Generally, a decree ordering
a judicial foreclosure sale. 2. A decree ordering the
strict foreclosure of a mortgage. [Cases: Mortgages
483_]
foreclosure sale. See SALE_
foregift. Rist. A premium paid for a lease in addition to
rent; forehand rent. See FOREHAND RENT (1).
foregoer (for-goh-dr). (lSc) Hist. A royal purveyor;
a person who buys provisions for the Crown at an
appraised (that is, reduced) price while the royal house
hold travels about the country.
forehand rent. Hist. 1. A premium paid by the tenant on
the making of a lease, esp. on the renewal of a lease by
an ecclesiastical corporation. 2. Generally, rent payable
before a lease begins.
foreign, adj. (13c) 1. Of or relating to another country
<foreign affairs>. 2. Ofor relating to another jurisdic

tion <the Arizona court gave full faith and credit to the
foreign judgment from Mississippi>. -foreigner, n.
foreign administration. See ancillary administration
under ADMINISTRATION.
foreign administrator. See ADMINISTRATOR (2).
foreign agent. See AGENT (2).
Foreign Agricultural Service. An agency in the U.S.
Department of Agriculture responsible for maintain
ing a worldwide agricultural intelligence and reporting
system. -Abbr. FAS.
foreign apposer. See APPOSER.
foreign assignment. See ASSIGNMENT (2).
foreign bill. See BILL (6).
foreign bill of exchange. See foreign draft under
DRAFT.
foreign bond. See BOND (3).
foreign consulate. See CONSULATE.
foreign corporation. See CORPORATION.
Foreign Corrupt Practices Act. A 1977 federal statute
that prohibits United States citizens from offering or
paying bribes to foreign officials in order to obtain or
maintain a commercial interest, and requires compa