Law Dictionary
	Search:

former acquittal See autrefois acquit under AUTREFOIS.

former adjudication See FORMER ADJUDICATION. 3.Scots law.The Court of Session's transfer of heritable property to a creditor as security for or in satisfaction of a debt, or its vesting title in an entitled claimant

former adjudication- A judgment in a prior action that resulted in a final determination of the rights of the parties or essential fact questions and serves to bar relitigation of the issues relevant to that determination. Collateral estoppel and res judicata are the two types of former adjudication. See COLLATERAL ESTOPPEL; RES JUDICATA.

former jeopardy The fact of having previously been prosecuted for the same offense. A defendant enters a plea of former jeopardy to inform the court that a second prosecution is improper. Cf. DOUBLE JEOPARDY.

former punishment The rule that nonjudicial punishment for a minor offense may bar trial by court-martial for the same offense.

formula [Latin "set form of words"]. 1. Roman law. A written document, prepared by a praetor and forwarded to a judex, identifying the issue to be tried and the judgment to be given by the judex. It was based on model pleas formulated by the praetor in his edict and adapted by him or other magistrates in civil suits for the benefit of the judex who had to try the issue. 'These pleas were adapted to the circumstances of the case. The usual parts of a formula were (1) the demonstratio, in which the plaintiff stated the facts of the claim; (2) the intentio, in which the plaintiff specified the relief sought against the defendant; and (3) the condemnatio, in which the judex condemned (usu. to pay the plaintiff a sum) or acquitted the defendant. PI. formulae (for-mYd-lee). - Also termed verba concepta (var-ba kan-sep-ta). "The Roman judges were not, as with us, the presiding officers in the administration of law and justice. This was the position of the magistrate, the praetor. When a suit at law was commenced, the parties appeared before the praetor, who made a preliminary examination, not to ascertain the merits of the case, but to find the precise points in controversy. He heard the statements of the plaintiff and the counter-statements of the defendant, and from the two he constructed a formula (as it was called), a brief technical expression ofthe disputed issues. He then appointed a judex ... instructing him to investigate the matter, and if he found the facts to be so and so, as recited in the formula, then to condemn the accused party, but, if he did not find them so, to acqUit him." James Hadley, Introduction to Roman Law 59-60 (1881). [This quotation describes only the period of formulary procedure, ca. 150 B.C.-A.D. 300. Ed.] 2. Common-law pleading. A set form of words (such as those appearing in writs) used in judicial proceedings.

formula deal An agreement between a movie distributor and an independent or affiliated circuit to exhibit a feature movie in all theaters at a specified percentage of the national gross receipts realized by the theaters.

formula instruction See JURY INSTRUCTION.

formula instruction A jury charge derived from a standardized statement of the law on which the jury must base its verdict.

formulae (for-mya-lee). [Latin "set forms of words"]. Roman law. Model pleas formulated by the praetor in his edict and adapted by him or other magistrates in civil suits for the benefit of the judex who had to try the issue. These pleas were adapted to the circumstances of the case. Also termed verba concepta (var-ba kan-sep-ta).

formulary 1. A collection of the forms of proceedings (formulae) used in litigation, such as the writ forms kept by the Chancery. See WRIT SYSTEM. 2. A list of drugs that Medicare or a health-maintenance organization will pay for.

formulary procedure The common-law method of pleading and practice, which required formulaic compliance with the accepted forms of action even if through elaborate fictions. In the 19th century, this type of procedure was replaced both in the United States and in England. See code pleading under PLEADING (2).

fornication 1. Voluntary sexual intercourse between two unmarried persons. Fornication is still a crime in some states, such as Virginia. 2. Voluntary sexual intercourse with an unmarried woman. At common law, the status of the woman determined whether the offense was adultery or fornication adultery was sexual intercourse between a man, Single or married, and a married woman not his wife;fornication was sexual intercourse between a man, Single or married, and a single woman. Cf. ADULTERY. fornicate, vb. - fornicator, n. "Fornication was not a common-law crime but was made punishable by statute in a few states as a misdemeanor." Rollin M. Perkins & Ronald N. Boyce, Criminal Law455 (3d ed. 1982).

fornix (for-niks). [Latin]. 1. A brotheL 2. Fornication.

forprise (for-priz). 1. An exception or reservation. The term was frequently used in leases and conveyances. "Forprise ... [a]n exception or reservation .... We still use it in Conveyances and leases, wherein Excepted and Forprised is an usual expression." Thomas Blount, NamaLexicon: A Law·Dictionary(l670). 2. An exaction. - forprise, vb.

for-profit corporation A corporation organized for the purpose of making a profit; a business corporation. Also termed corporation for profit; moneyed corporation.

for-profit corporation- See CORPORATION.

forschel (for-shaI). A strip of land next to a highway. - Also termed forschet.

forspeca (for-spee-ka). 1. PROLOCUTOR (2). 2. PARANYMPHUS.

forstall See FORESTALL.

forswearing (for-swair-ing), n. 1. The act of repudiating or renouncing under oath. 2. PERJURY. forswear, vb.

fortax (for-taks), vb. To tax wrongly or extortionately.

forthcoming 1. An action through which arrestment is made available to an arrester. 2. An order that perfects an arrestment by directing a debtor either to pay the money owed or to deliver the arrested goods to the creditor.

forthcoming bond 1. A bond guaranteeing that some-thing will be produced or forthcoming at a particu-lar time, or when called for. 2. A bond (usu. given to a sheriff) to permit a person to repossess attached property in exchange for that person's commitment to surrender the property in the event of an adverse judgment; specif., a bond required of a defendant as a condition of retaining or regaining possession of a chattel in an attachment or replevin action, whereby the surety agrees to surrender the chattel and to pay its value if the plaintiff wins the lawsuit. Also termed delivery bond. Cf. replevin bond.

forthcoming bond- See BOND (2).

forthwith 1. Immediately; without delay. 2. Directly; promptly; within a reasonable time under the circumstances.

fortia (for-sha). [Law Latin]. 1. Force.o Fortia refers to force used by an accessory to allow the principal to commit the crime. 2. Power, dominion, or jurisdiction.

fortia frisca (for-sha fris-ka). [Law Latin]. See FRESH FORCE.

fortior (for-shee-ar or -or), adj. [Latin "stronger"]. (Of evidence). involving a presumption that, because of the strength of a party's evidence, shifts the burden of proof to the opposing party.

fortuitous (for-t[y]oo-a-ta), adj. Occurring by chance. A fortuitous event may be highly unfortunate. Literally, the term is neutral, despite its common misuse as a synonym for fortunate .

fortuitous collision See COLLISION.

fortuitous event 1. A happening that, because it occurs only by chance or accident, the parties could not reasonably have foreseen. 2. An event that, so far as contracting parties are aware, depends on chance. 3. Louisiana law. An event that could not have been reasonably foreseen at the time a contract was made. La. Civ. Code art. 1875. - Also termed cas fortuit. See FORCE MAJEURE; UNAVOIDABLE-ACCIDENT DOCTRINE.

Fortune 500 An annual compilation of the 500 largest U.S. corporations as ranked by gross revenues. It is published in, and gets its name from, Fortune magazine.

forty Archaic. Forty acres ofland in the form of a square <the south forty>. To determine a forty, a section ofland (640 acres) was quartered, and one of those quarters was again quartered.

forty-days court See COURT OF ATTACHMENTS.

forty-days court- See COURT OF ATTACHMENTS.

forum 1. A public place, esp. one devoted to assembly or debate. See PUBLIC FORUM; NON PUBLIC FORUM. 2. A court or other judicial body; a place of jurisdiction. PI. forums, fora.

forum contractus (for-am kan-trak-tas). [Latin "the forum of the contract"]1. The place where a contract was made, and thus the place of jurisdiction. 2. The court of the place where a contract was made.

forum originis (for-am a-rij-a-nis). [Latin]. The forum or place of a person's birth, considered as a place of jurisdiction.

forum actus (for-am ak-tas). [Latin "the forum of the act"]. The place where an act was done.

forum competens (for-am kom-pa-tenz). [Latin], A competent court; a court that has jurisdiction over a case.

forum conscientiae (for-am kon-shee-en-shee-ee). [Latin "the forum of conscience"]. The tribunal or court of conscience. This court was usu. a court of equity. See COURT OF CONSCIENCE.

forum contentiosum (for-am kan-ten-shee-oh-sam). [Latin "the forum of contention"]. A court of justice; a place for litigation.

forum conveniens (for-am kan-vee-nee-enz). [Latin "a suitable forum"], The court in which an action is most appropriately brought, considering the best interests and convenience of the parties and witnesses. Cf. FORUM NON CONVENIENS.

forum domesticum (for-am da-mes-ti-kam). [Latin]. A domestic court. This type of court decides matters (such as professional discipline) arising within the organization that created it.

forum domicilii (for-am dom-a-sil-ee-i). [Latin]. The forum or court of the domicile, usu. of the defendant.

forum ecclesiasticum (for-am e-klee-z[h]ee-as-ti-kam). [Latin]. An ecclesiastical court. Also termed judicium ecclesiasticum.

forum externum (for-am ek-star-nam), n. [Latin "external tribunal"]. Eccles. law. A court dealing with legal cases pertaining to or affecting the corporate life of the church.

forum inconveniens See FORUM NON CONVENIENS.

forum internum (for-am in-tar-nam), n. [Latin "internal tribuna!"]. Eccles. law. A court of conscience; a court for matters of conscience or the confessional.

forum ligeantiae rei (for-am lij-ee-an-shee-ee ree-i). [Latin]. The forum of the defendant's allegiance; the court or jurisdiction of the country to which the defendant owes allegiance.

forum non competens (for-am non kom-pa-tenz). [Latin]. An inappropriate court; a court that lacks jurisdiction over a case.

forum non conveniens (for-am non kan-vee-nee-enz). [Latin "an unsuitable court"]. Civil procedure. The doctrine that an appropriate forum even though competent under the law may divest itself of jurisdiction if, for the convenience of the litigants and the witnesses, it appears that the action should proceed in another forum in which the action might also have been properly brought in the first place. Also termed forum inconveniens. "Forum non conveniens allows a court to exercise its discretion to avoid the oppression or vexation that might result from automatically honoring plaintiff's forum choice. However, dismissal on the basis of forum non conveniens also requires that there be an alternative forum in which the suit can be prosecuted. It must appear that jurisdiction over all parties can be secured and that complete relief can be obtained in the supposedly more convenient court. Further, in at least some states, it has been held that the doctrine cannot be successfully invoked when the plaintiff is resident of the forum state since. effectively, one of the functions of the state courts is to provide a tribunal in which their residents can obtain an adjudication of their grievances. But in most instances a balancing of the can venience to all the parties will be considered and no one factor will preclude a forum non coveniens dismissal. as long as another forum is available." Jack H. Friedenthal et aI., Civil Procedure § 2.17, at 87-88 (2d ed. 1993).

forum regium (for-am ree-jee-am). [Latin]. The king's court.

forum rei (for-am ree-i). [Latin]. 1. The forum of the defendant, i.e., the place where the defendant is domiciled or resides. 2. FORUM REI SITAE.

forum rei gestae (for-am ree-i jes-tee). [Latin]. The forum or court of a res gesta (thing done); the place where an act was done, considered as a place of jurisdiction.

forum rei sitae (for-am ree-i si-tee). [Latin]. The court where the thing or subject-matter in controversy is situated, considered as a place of jurisdiction. Often shortened to forum rei.

forum seculare (for-am sek-ya-Iair-ee). [Latin]. A secular court. - Also spelled forum saeculare.

forum state Conflict of laws. The state in which a suit is filed.

forum-selection clause A contractual provision in which the parties establish the place (such as the country, state, or type of court) for specified litigation between them. Also termed choice-of-exclusiveforum clause. Cf. CHOICE-OF-LAW CLAUSE.

forum-shopping The practice of choosing the most favorable jurisdiction or court in which a claim might be heard. A plaintiff might engage in forumshopping, for example, by filing suit in a jurisdiction with a reputation for high jury awards or by filing several similar suits and keeping the one with the preferred judge. Cf. JUDGE-SHOPPING.

forward agreement See forward contract under CONTRACT.

forward and backward at sea Marine insurance. From port to port in the course of a voyage, and not merely from one terminus to the other and back.

forward confusion Confusion occurring when consumers are likely to believe mistakenly that the infringing company's products are from the same source as the trademark owner's . In forward-confusion cases, the infringing company is usu. smaller than the owner. Thus, consumers may believe the infringer to be an affiliate of the owner. Also termed direct confusion.

forward confusion- See CONFUSION.

forward contract An agreement to buy or sell a particular nonstandardized asset (usu. currencies) at a fixed price on a future date.o Unlike a futures contract, a forward contract is not traded on a formal exchange. Also termed forward agreement. Cf. FUTURES CONTRACT.

forward contract- See CONTRACT.

forward cover The purchase of a cash commodity to meet the obligation of a forward contract. See forward contract under CONTRACT.

forward market See futures market under MARKET.

forward triangular merger See triangular merger under MERGER.

forwarding agent 1. See FREIGHT FORWARDER. 2. A freight-forwarder who assembles less-than-carload shipments (small shipments) into carload shipments, thus taking advantage oflawer freight rates.

forwarding agent- See AGENT (2).

forward-rate agreement A contract that specifies what the interest rate on an obligation will be on some future date. Abbr. FRA.

fossage (fos-ij), A duty paid to maintain a moat around a fortification.

foster adj. (bef. 12c) 1. (Of a relationship) involving parental care given by someone not related by blood or legal adoption <foster home>. 2. (Of a person) giving or receiving parental care to or from someone not related by blood or legal adoption <foster parent> <foster child>.

foster- To give care to (something or someone); esp., to give parental care to (a child who is not one's natural or legally adopted child).

foster care 1. A federally funded child-welfare program providing substitute care for abused and neglected children who have been removed by court order from their parents' or guardians' care or for children voluntarily placed by their parents in the temporary care of the state because of a family crisis. 42 USCA §§ 670-679a.o The state welfare agency selects, trains, supervises, and pays those who serve as foster parents. Cf. ADOPTION (1).

foster child A child whose care and upbringing are entrusted to an adult other than the child's natural or adoptive parents, usu. by an agency. - A foster child may receive informal, voluntary care by someone (often a grandparent, other relative, or neighbor) who enters into an agreement with the parent or who simply substitutes for the parent as necessary to ensure the child's protection. More formally, the child may be part of the federal-state foster-care program that identifies, trains, and pays caregivers who will provide family care for children who lack parents or cannot safely remain with their biologicalor adoptive parents. Also termed (archaically) fosterling. See foster parent under PARENT.

foster child- See CHILD.

foster father See foster parent under PARENT.

foster father- See foster parent under PARENT.

foster home A household in which foster care is provided to a child who has been removed from his or her birth or adoptive parents, usu. for abuse or neglect. A foster home is usu. an individual home, but it can also be a group home.

foster mother See foster parent under PARENT.

foster parent See PARENT.

foster parent An adult who, though without blood ties or legal ties, cares for and rears a child, esp. an orphaned or neglected child who might otherwise be deprived of nurture, usu. under the auspices and direction of an agency and for some compensation or benefit. Foster parents sometimes give care and support temporarily until a child is legally adopted by others. See FOSTER CARE. Cf. foster child under CHILD.

fosterage 1. The act of caring for another's child. 2. The entrusting of a child to another. 3. The condition of being in the care of another. 4. The act of encouraging or promoting.

foster-care drift The phenomenon that occurs when children placed in foster care remain in that system, in legal limbo, for too many years of their developmental life before they are reunited with their parents or freed for adoption and placed in permanent homes. The Adoption and Safe Families Act was passed in 1997 to help rectify this problem. See ADOPTION AND SAFE FAMILIES ACT.

foster-care placement The (usu. temporary) act of placing a child in a home with a person or persons who provide parental care for the child. Cf. OUT-OFHOME PLACEMENT.

foster-care review board A panel of screened and trained volunteers who routinely review cases of children placed in foster care, examine efforts at permanency planning, and report to the court.

fosterlean (fos-tar-Ieen). Remuneration for rearing a foster child.

fosterling (bef. 12c), See foster child under CHILD.

foul bill of lading See unclean bill of lading.

foul bill of lading- See BILL OF LADING.

foundation 1. The basis on which something is supported; esp., evidence or testimony that establishes the admissibility of other evidence daying the foundation>. 2. A fund established for charitable, educational, religious, research, or other benevolent purposes; an endowment <the Foundation for the Arts>.

foundational evidence Evidence that determines the admissibility of other evidence.

foundational evidence- See EVIDENCE.

foundational fact See predicate fact.

foundational fact- See predicate fact under FACT.

founded on adj. Having as a basis <the suit was founded on the defendant's breach of contract>.

founder 1. A person who founds or establishes; esp., a person who supplies funds for an institution's future needs. 2. SETTLOR (1).