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first purchaser See PURCHASER (2).

first purchaser An ancestor who first acquired an estate that still belongs to the family.

first refusal, right of See RIGHT OF FIRST REFUSAL.

first taker A person who receives an estate that is subject to a remainder or executory devise.

first taker See TAKER.

first user See SENIOR USER.

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 of the jury.

first-degree adj. See DEGREE (2).

first-degree amendment See primary amendment. floor amendment. An amendment offered from the floor by an individual member, as distinguished from a committee amendment. Cf. committee amendment.

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 Sexual battery that involves an aggravating factor, as when the perpetrator commits the offense against a minor or when the perpetrator commits the offense in the course ofcommitting another crime, such as a burglary. Also termed criminal sexual conduct in the first degree.

first-filed rule See FIRST-TO-FILE RULE.

first-filing rule See FIRST-TO-FILE RULE.

firsthand knowledge See personal knowledge.

firsthand knowledge See personal knowledge under KNOWLEDGE.

first-in, first-out An accounting method that assumes that goods are sold in the order in which they were purchased that is, the oldest items are sold first. - Abbr. FIFO. Cf. LAST-IN, FIRST-OUT; NEXT-IN, FIRST-OUT.

first-inventor defense In a suit alleging infringement of a business-method patent, a statutory affirmative 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.

first-mortgage bond A long-term bond that has the first claim on specified assets.

first-mortgage bond- See BOND (3).

first-named insured See primary insured.

first-named insured See primary insured under INSURED.

first-party insurance A policy that applies to an insured or the insureds own property, such as life insurance, health insurance, disability insurance, and fire insurance. Also termed indemnity insurance; self-insurance.

first-party insurance See INSURANCE.

first-past-the-post voting See plurality voting under VOTING.

first-sale doctrine 1. Copyright. The rule that the purchaser of a physical copy of a 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). 2. Patents. The principle that the buyer of a 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.

first-to-file rule Civil procedure. 1. The principle that, when two suits are brought by the same parties, regarding the same issues, in two courts of proper jurisdiction, 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. 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.

first-to-file system 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.

first-to-invent system The practice of awarding 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.

FISA abbr. FOREIGN INTELLIGENCE SURVEILLANCE ACT.

FISC abbr. UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT.

fisc (fisk), n. [Latin fiscus], The public treasury. - Also spelled fisk.

fiscal (fis-kal), adj. 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 A bank or other financial institution that collects and disburses money and services as a depository of private and public funds on another's behalf.

fiscal agent- See AGENT (2).

fiscal officer See OFFICER (1).

fiscal officer 1. 1be person (such as a state or county treasurer) charged with the collection and distribution of public money. 2. The person (such as a chief financial officer) whose duties are to oversee the financial matters of a corporation or business.

fiscal period See fiscal year under YEAR.

fiscal year See YEAR.

fiscus (fis-kas), n. [Latin "the basket" or "money bag"]. Roman law. The emperor's treasury. In later Roman times, the term also included the treasury of the state. See AERARIUM. 2. 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 of the monarch. Cf. HANAPER.

fish royal Whales, sturgeon, and porpoises that, when thrown ashore or caught near the English coast, become Crown property.

fishery 1. A right or liberty of taking fish. - Fishery was an incorporeal hereditament under old English law. Also termed piscary.

fishing expedition An attempt, through broad discovery requests or random questions, to elicit information from another party in the hope that something relevant might be found; esp., such an attempt that exceeds the scope of discovery allowed by procedural rules. termed fishing trip. "No longer can the time-honored cry of 'fishing exped ition' 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).

fisk See FISC.

fistuca See FESTUCA.

fit occupantis (fit ahk-ya-pan-tis). [Latin]. It becomes the property of the captor.

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.

fitness hearing- See transfer hearing.

fiuancial management service A unit in the U.S. Department of the Treasury responsible for developing and managing systems for moving the U.S. government's cash by assisting other agencies in collecting and disbursing funds; collecting and publishing financial information; and collecting delinquent debts. Abbr. FMS.

five mile act 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.

fix 1. A dose of an illegal drug <the defendant testified that he robbed the store because he needed to buy a fix>. 2. A navigational reading.

fix- 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.

fix bail 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.

fixation 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 transmitted and Simultaneously recorded on videotape.

fixed debt Generally, a permanent form of debt commonly evidenced by a bond or debenture; longterm debt. - Also termed fixed liability.

fixed annuity An annuity that guarantees fixed payments, either for life or for a specified period.

fixed annuity- See ANNUITY.

fixed asset See capital asset (1).

fixed asset- See capital asset (1) under ASSET.

fixed capital 1. The amount of money invested in fixed assets, such as land and machinery. 2. Fixed assets.

fixed capital- See CAPITAL.

fixed charge See fixed cost under COST (1).

fixed cost A cost whose value does not fluctuate with changes in output or business activity; esp., overhead expenses such as rent, salaries, and depreciation. Also termed fixed charge;fixed expense.

fixed cost- See COST (1).

fixed debt See DEBT.

fixed expense See fixed cost under COST.

fixed expense- See fixed cost under COST (1).

fixed fee 1. A flat charge for a service; a charge that does not vary with the amount of time or effort required to complete the service. 2. In a construction contract, a predetermined amount that is added to costs for calculating payments due under the contract.

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" if it is recorded at the same time that it is transmitted.

fixed income See INCOME.

fixed income- Money received at a constant rate, such as a payment from a pension or annuity.

fixed liability See fixed debt under DEBT.

fixed opinion See OPINION (3).

fixed opinion A bias or prejudice that disquali fies a potential juror.

fixed price A price that is agreed upon by a wholesaler and a retailer for the later sale or resale of an item. Agreements to fix prices are generally prohibited by state and federal statutes.

fixed price See PRICE.

fixed sentence See SENTENCE.

fixed sentence 1. See determinate sentence. 2. See mandatory sentence.

fixed sentencing See mandatory sentencing.

fixed sentencing See mandatory sentencing under SENTENCING.

fixed-benefit plan See defined pension plan under PENSION PLAK.

fixed-dollar investment An investment whose value is the same when sold as it was when purchased. Examples are bonds held to maturity, certain government securities, and savings accounts.

fixed-dollar investment See INVESTMENT.

fixed-income investment An investment (including preferred stock) that pays a fixed dividend throughout its life and is not redeemable unless the corporation makes a special call.

fixed-income investment See INVESTMENT.

fixed-income security A security that pays a fixed rate of return, such as a bond with a fixed interest rate or a preferred stock with a fixed dividend.

fixed-income security See SECURITY.

fixed-price contract A contract in which the buyer agrees to pay the seller a definite and predetermined price regardless of increases in the seller's cost or the buyer's ability to acqUire the same in the market at a lower price.

fixed-price contract- See CONTRACT.

fixed-rate mortgage See MORTGAGE.

fixed-return dividend A dividend that is constant throughout the investment's life.

fixed-return dividend- See DIVIDEND.

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.

fixing a jury See JURY-FIXING.