Law Dictionary
	Search:

forced heir See HEIR.

forced heir- A person whom the testator or donor cannot disinherit because the law reserves part of the estate for that person. - In Louisiana, only descendants are forced heirs. La. Civ. Code art. 1493. See LEGITIME.

forced labor 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 obligations, and (5) minor communal services. Also termed compulsory labor.

forced pooling See compulsory pooling under POOLING.

forced portion See LEGITIME.

forced resettlement The involuntary transfer of individuals or groups within the jurisdiction of a country whether inside its own territory or into or out of occupied territory.

forced respite See RESPITE.

forced respite A respite in which some of the creditors are compelled by a court to give the same extension of time that the other creditors have agreed to.

forced sale 1. See execution sale. 2. A hurried sale by a debtor because of financial hardship or a creditors action. Cf. voluntary sale.

forced sale See SALE.

forced share See ELECTIVE SHARE.

forced unitization See compulsory unitization under UNITIZATION.

force-ma;enre clause 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.

force-the-vote provision Mergers & acquisitions. A contractual clause requiring a company's board of directors to approve a merger transaction and submit it to the shareholders, who then vote on the merger regardless of whether the board recommends that the shareholders approve it when the vote is held.

forcible 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 of Torts 5 (17th ed. 1977).

forcible detainer See FORCIBLE DETAINER.

forcible detainer- 1. The wrongful retention of possession of property by one originally in lawful possession, often with threats or actual use of violence. 2. FORCIBLE ENTRY AND DETAINER (2).

forcible entry 1. The act or an instance of violently and unlawfully taking possession of lands and tenements 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 1. The act of violently taking and keeping possession oflands and tenements without legal authority. "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, possession. - Also termed forcible detainer. See EVICTION; EJECTMENT. "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 To terminate a mortgagor's interest in property; to subject (property) to foreclosure proceedings. "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 mortgagee 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-zhar). 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.

foreclosure decree 1. Generally, a decree ordering a judicial foreclosure sale. 2. A decree ordering the strict foreclosure of a mortgage.

foreclosure sale The sale of mortgaged property, authorized by a court decree or a power-of-sale clause, to satisfy the debt. See FORECLOSURE.

foreclosure sale See SALE.

foregift A premium paid for a lease in addition to rent; forehand rent. See FOREHAND RENT (1).

foregoer (for-goh-ar). A royal purveyor; a person who buys provisions for the Crown at an appraised (that is, reduced) price while the royal household travels about the country.

forehand rent 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 1. Of or relating to another country <foreign affairs>. 2. Of or relating to another jurisdiction <the Arizona court gave full faith and credit to the foreign judgment from Mississippi>. - foreigner, n.

foreign bill A bill of exchange drawn in one state or country and payable in another. Cf. domestic bill.

foreign bill of exchange See foreign draft under DRAFT.

foreign bond A bond issued in a currency different from that used where the issuer is located, such as a Canadian-government bond that is denominated in U.S. dollars and issued in the United States.

foreign creditor A creditor who resides in a different state or country from that of the debtor or the debtor's property.

foreign service 1. UNITED STATES FOREIGN SERVICE. 2. FORINSEC SERVICE. 3. A feudal service performed by a tenant outside of the fee.

foreign tax credit A tax credit against U.S. income taxes for a taxpayer who earns income overseas and has paid foreign taxes on that income. See FOREIGN-EARNED-INCOME EXCLUSION. "Since direct foreign investments and business operations of United States persons often attract foreign income taxes along with the baseline U.S. tax, the specter of double taxation is bound to haunt the pursuit of foreign income. The principal accommodation of the U.S. tax system to the possibility of source-based taxation by other countries is the foreign tax credit. From a simple idea a dollarfor-dollar reduction of U.S. tax for income taxes paid to foreign countries the foreign tax credit has evolved into an elaborate statutory structure capable of engulfing an entire professional career." Joseph Isenbergh, International Taxation 14 (2000).

foreign administration See ancillary administration.

foreign administration- See ancillary administration under ADMINISTRATION.

foreign administrator An administrator appointed in another jurisdiction.

foreign administrator- See ADMINISTRATOR (2).

foreign agent A person who registers with the federal government as a lobbyist representing the interests of a foreign nation or corporation.

foreign agent- See AGENT (2).

foreign agricultural service An agency in the U.S. Department of Agriculture responsible for maintaining a worldwide agricultural intelligence and reporting system. - Abbr. FAS.

foreign apposer See APPOSER.

foreign assignment An assignment made in a foreign country or in another jurisdiction.

foreign assignment- See ASSIGNMENT (2).

foreign bill See BILL (6).

foreign bond See BOND (3).

foreign consulate The consulate of a foreign country in the receiving state. 3. Government by consuls <after the French Revolution, the Directory was overthrown and the Consulate was created>. This sense of consulate is based on the original Roman meaning ("chief magistrate") not on the modern sense of an overseas representative of a country.

foreign consulate- See CONSULATE.

foreign corporation A corporation that was organized and chartered under the laws of another state, government, or country <in Arizona, a California corporation is said to be a foreign corporation>. Also termed alien corporation. Cf. domestic corporation. '''Foreign' is defined as 'not native or domestic.' This is the meaning given to the word in the various judicial definitions of foreign corporations. With to a particular state or country, a corporation by or under the laws of that state or country is a 'domestic corporation,' and any corporation that owes its existence to the laws of another state, government or country is a 'foreign corporation.' The difference between a domestic and a foreign corporation of the same kind is one of status, determined by considerations that are external to the corporation and not internal or organic. Moreover, foreign corporations of all classes fall equally within the definition. In many jurisdictions foreign corporations are defined by statute, and the statutory definitions do not differ in substance from that stated above." 17 Fletcher Cyclopedia on the Law of Private Corporations § 8290, at 6-7 (1998).

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 companies whose securities are listed in the United States to comply with certain accounting practices. 15 USCA § 78dd-l, et. seq.

foreign county Any county separate from that of a county where matters arising in the former county are called into question, though both may lie within the same state or country.

foreign county- See COUNTY.

foreign court 1. The court of a foreign nation. 2. The court of another state.

foreign court- See COURT.

foreign creditor See CREDITOR.

foreign divorce A divorce obtained outside the state or country in which one spouse resides.

foreign divorce- See DIVORCE.

foreign document A document that originated in, or was prepared or executed in, a foreign state or country.

foreign document- See DOCUMENT.

foreign domicile A domicile established by a citizen or subject of one sovereignty within the territory of another.

foreign domicile- See DOMICILE.

foreign dominion A country that at one time was a foreign state but that by conquest or cession has come under the British Crown.

foreign draft A draft drawn in one country or state but payable in another. Also termed foreign bill of exchange; international bill ofexchange.

foreign draft- See DRAFT.

foreign emoluments clause The clause of the U.S. Constitution prohibiting titles of nobility and the acceptance of a gift, title, or other benefit from a foreign power. U.S. Const. art. I, § 9, cl. 8. Sometimes shortened to Emoluments Clause.

foreign exchange 1. The process of making international monetary transactions; esp., the conversion of one currency to that of a different country. 2. Foreign currency or negotiable instruments payable in foreign currency, such as traveler's checks.

foreign guardian See GUARDIAN.

foreign guardian- A guardian appointed by a court in a state other than the one in which the ward is domiciled. A foreign guardian cares for the ward's property that is located in the state of appointment.

foreign immunity See IMMUNITY (1).

foreign immunity- The immunity of a foreign sovereign, its agents, and its instrumentalities from litigation in U.S. courts.

foreign intelligence surveillance act A 1978 federal statute that established new procedures and courts to authorize electronic surveillance of foreign intelligence operations in the United States. The Act established the Foreign Intelligence Surveillance Court and the Foreign Intelligence Court of Review. It allows the Attorney General to obtain warrants that authorize electronic surveillance of suspected foreign-intelligence operatives without public disclosure and without a showing of probable cause that criminal activity is involved. Abbr. FISA.

foreign intelligence surveillance court See UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT.

foreign intelligence surveillance court of review See UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.

foreign judgment A decree, judgment, or order of a court in a state, country, or judicial system different from that where the judgment or its effect is at issue.

foreign judgment See JUDGMENT.

foreign jurisdiction See JURISDICTION.

foreign jurisdiction 1. The powers of a court of a sister state or foreign country. 2. Extraterritorial process, such as long-arm service of process.

foreign jury A jury obtained from a jurisdiction other than that in which the case is brought.

foreign jury See JURY.

foreign law 1. Generally, the law of another country. 2. Conflict of laws. The law of another state or of a foreign country.

foreign minister See MINISTER.

foreign object An item that appears where it does not belong; esp., an item introduced into a living body, such as a sponge that is left in a patient's body during surgery. The discovery rule usu. tolls the statute of limitations for a medical-malpractice claim based on a foreign object. Also termed foreign substance. See FOREIGN SUBSTANCE.

foreign port See PORT.

foreign port 1. One exclusively within the jurisdiction of another country or state. 2. A port other than a home port.

foreign service institute A unit in the US. Department of State responsible for training officers and employees of the Foreign Service as well as personnel in other agencies. Abbr. FSI.

foreign situs trust See TRUST.

foreign sovereign immunities act A federal statute providing individuals with a right of action against foreign governments, under certain circumstances, to the extent the claim arises from the private, as opposed to the public, acts of the foreign state. 28 USCA §§ 1602-161l. Abbr. FSIA. See RESTRICTIVE PRI~CIPLE OF SOVEREIGN IMMUNTY. "The Foreign Sovereign Immunities Act (FSIA) of 1976 was designed to provide a set of comprehensive regulations governing access to federal and state courts in this country for plaintiffs asserting claims against foreign states and instrumentalities thereof. The enactment of this legislation responded to the reality that increased contacts between American citizens and companies on the one hand, and foreign states and entities owned by foreign states on the other, as well as a constantly expanding range of government activities, had created the need for judicial fora in this country to resolve disputes arisi ng out of these activi ties." 14A Charles Alan Wright et aI., Federal Practice and Procedure § 3662, at 160-61 (2d ed. 1998).

foreign state 1. A foreign country. 2. An American state different from the one under discussion.

foreign substance A substance found in a body, organism, or thing where it is not supposed to be found <the plaintiff sued because she thought she saw - and later confirmed that she had found - a foreign substance (namely, a piece of glass) in her hamburger>.

foreign support order An out-of-state support order.

foreign support order See SUPPORT ORDER.

foreign support order See SUPPORT ORDER.

foreign tax credit See TAX CREDIT.

foreign trade zone See FREE-TRADE ZONE.

foreign trust See foreign-situs trust under TRUST.

foreign vessel See VESSEL.

foreign voyage See VOYAGE.

foreign water See WATER.

foreign-earned-income exclusion The Internal Revenue Code provision that excludes from taxation a limited amount of income earned by nonresident taxpayers outside the United States. The taxpayer must elect between this exclusion and the foreign tax credit. IRC (26 USCA) § 91l(a), (b). See foreign tax credit under TAX CREDIT.