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founder's share (usu. pl.) In England, a share issued to the founder ofa company as a part of the consideration for the business. Now rare, a founder's share participates in profits only if the dividend on ordinary shares has been paid to a specified amount.

founding father A prominent figure in the founding of an institution or esp. a country; specif., one who played a leading role in founding the United States of America, esp. in the Revolutionary War and the making of the U.S. Constitution.

foundling A deserted or abandoned infant.

foundling hospital A charitable institution, found esp. in Europe, the purpose of which is to care for abandoned children.

four corners The face of a written instrument. The phrase derives from the ancient custom of putting all instruments (such as contracts) on a single sheet of parchment, as opposed to multiple pages, no matter how long the sheet might be. At common law, this custom prevented people from fraudulently inserting materials into a fully signed agreement. '{he requirement was that every contract could have only four corners.

four unities The four qualities needed to create a joint tenancy at common law - interest, possession, time, and title. See UNITY (2).

four, rule of See RULE OF FOUR.

four-corners rule 1. The principle that a document's meaning is to be gathered from the entire document and not from its isolated parts. 2. The principle that no extraneous evidence should be used to interpret an unambiguous document. Cf. PAROL-EVIDENCE RULE.

four-folding The quadrupling of a property's taxable value for purposes of penalizing a person who falsely underreported the property's true taxable value. "In the State of Connecticut a number of men are chosen annually by each town, to receive from each inhabitant a list of the taxable property in his possession. This list is required by law; and is made up by the proprietor. The men, who receive it, are from their employment called Listers. If the proprietor gives in a false list, he is punished by having the falsified article increased on the list four-fold .... We therefore style this punishment fourJolding." 4 Timothy Dwight, Travels in New-England and New-York 284 (1822).

fourteenth amendment The constitutional amendment, ratified in 1868, whose primary provisions effectively apply the Bill of Rights to the states by prohibiting states from denying due process and equal protection and from abridging the privileges and immunities of U.S. citizenship. The amendment also gave Congress the power to enforce these provisions, leading to legislation such as the civil-rights acts.

fourth amendment The constitutional amendment, ratified with the Bill of Rights in 1791, prohibiting unreasonable searches and seizures and the issuance of warrants without probable cause. See PROBABLE CAUSE.

fourth estate The journalistic profession; the news media. The term comes from the British Parliament's reporters' gallery, whose influence was said to equal Parliament's three traditional estates: the Lords Spiritual, the Lords Temporal, and the Commons. (In France, the three estates were the clergy, the nobility, and the commons.)

fourth-sentence remand See REMAND.

fourth-sentence remand In a claim for social-security benefits, a court s decision affirming, reversing, or modifying the decision of the Commissioner of Social Security. This type of remand is called a fourthsentence remand because it is based on the fourth sentence of 42 USCA § 405(g): "The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." See Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157 (1991).

fovere consimilem causam (toh-veer-ee kan-sim-a-lam kaw-zam). [Law Latin]. To favor a similar case. A judge who is disqualified for having a personal interest in a case may also be disqualified in a later case if the ruling in the former case could affect the ruling in the latter.

fox's libel act A 1792 statute that gave the jury in a libel prosecution the right of rendering a guilty or not-guilty verdict on the whole matter in issue. The jury was no longer bound to find the defendant guilty if it found that the defendant had in fact published the allegedly libelous statement. The Act empowered juries to decide whether the defendant's statement conformed to the legal standard for libel.

foy (foy or fwah). [Law French], Faith; allegiance.

FPA abbr. Free from particular average. "F.P.A. means Free from Particular Average; that is to say, the insured can recover only where the loss is total or is due to a general average sacrifice. The claims under the Sue and Labour clause are not affected by this stipulation." 2 EW. Chance, Principles of Mercantile Law 128 (PW. French ed., 10th ed. 1951).

FPC clause See AREA-RATE CLAUSE.

FPLS abbr. FEDERAL PARENT LOCATOR SERVICE.

Fr abbr. 1. French. 2. FRAGMENTA.

FRA abbr. 1. FEDERAL RAILROAD ADMINISTRATION. 2. FORWARD-RATE AGREEMENT.

fractional adj. (Of a tract of land) covering an area less than the acreage reflected on a survey; pertaining to any irregular division of land containing either more or less than the conventional amount of acreage.

fractional interest See undivided interest under INTEREST (2).

fractional currency Paper money worth less than one dollar; esp., the currency issued by the federal government from l863 to l876.

fractional currency- See CGRRENCY.

fractional interest See undivided interest.

fragmenta (frag-men-ta), n. pl. [Latin "fragments"]. Roman law. Passages drawn from the writings of Roman jurists and compiled in Justinian's Digest. Abbr. Fr.; Ff.

fragmented literal similarity Copyright. Similarity evidenced by the copying of verbatim portions of the protected work.

fragmented literal similarity See SIMILARITY.

frame vb. 1. To plan, shape, or construct; esp., to draft or otherwise draw up (a document). 2. To incriminate (an innocent person) with false evidence, esp. fabricated. - framable, frameable, adj.

frame-up A plot to make an innocent person appear guilty.

framing On the Internet, a website's display of another entity's Web page inside a bordered area, often without displaying the page's URL or domain name. Framing may constitute a derivative work and may infringe on a copyright or trademark if done without giving credit to or obtaining permission from the other website's owner.

francbordus See FREE-BORD.

franchise (fran-chiz), n. 1. The right to vote. Also termed elective franchise. 2. The government-conferred right to engage in a specific business or to exercise corporate powers. Also termed corporate franchise; general franchise. When referring to government grants (other than patents, trademarks, and copyrights), the term 'franchise' is often used to connote more substantial rights, whereas the term license' connotes lesser rights. Thus, the rights necessary for public utility companies to carryon their operations are generally designated as franchise rights. On the other hand, the rights to construct or to repair, the rights to practice certain professions, and the rights to use or to operate automobiles are generally referred to as licenses." 1 Eckstrom's Licensing in Foreign and Domestic Operations § 1.02[31. at HO to 1-11 (David M. Epstein ed" 1998). "In a violent conceptual collision, some franchisors maintain that a franchise is merely an embellished license and therefore revocable at will. Franchisees contend that a franchise is a license coupled with an interest, not subject to unlimited control by franchisors. As a result of this disagreement, legislative draftsmen have had difficulty defining 'franchise.'" 1 Harold Brown, Franchising Realities and Remedies § 1.03[1], at H7 (1998).

franchise- vb. To grant (to another) the sole right of engaging in a certain business or in a business using a particular trademark in a certain area.

franchise tax A tax imposed on the privilege of carrying on a business (esp. as a corporation), usu. measured by the businesss income. See FRANCHISE.

franchise agreement The contract between a franchisor and franchisee establishing the terms and conditions of the franchise relationship. - State and federal laws regulate franchise agreements. Antitrust and Trade Regulation.

franchise appurtenant to land A franchise that is used in connection with real property and thus is sometimes characterized as real property.

franchise appurtenant to land- See FRANCHISE (2).

franchise clause A provision in a casualty insurance policy stating that the insurer will pay a claim only if it is more than a stated amount, and that the insured is responsible for all damages if the claim is under that amount. Unlike a deductible, which the insured always has to pay, with a franchise clause, once the claim exceeds the stated amount, the insurer pays the entire claim.

franchise court See FRANCHISE COURT.

franchise court- A privately held court that (usu.) exists by virtue of a royal grant, with jurisdiction over a variety of matters, depending on the grant and whatever powers the court acquires over time. In 1274, Edward I abolished many of these feudal courts by forcing the nobility to demonstrate by what authority (quo warranto) they held court. If a lord could not produce a charter reflecting the franchise, the court was abolished. - Also termed courts of the franchise. "Dispensing justice was profitable. Much revenue could come from the fees and dues, fines and amercements. This explains the growth of the second class of feudal courts, the Franchise Courts. They too were private courts held by feudal lords. Sometimes their claim to jurisdiction was based on old pre-Conquest grants .,. But many of them were, in reality, only wrongful usurpations of private jurisdiction by powerful lords. These were put down after the famous Quo Warranto enquiry in the reign of Edward I." W,J.V. Windeyer, Lectures on Legal History 56-57 (2d ed. 1949).

franchise fee 1. A fee paid by a franchisee to a franchisor for franchise rights. Franchise fees are regulated by state laws. 2. A fee paid to the government for a government grant of a franchise, such as the one required for operating a radio or television station.

franchise fee- See FEE (1).

franchise tax See TAX.

franchisee One who is granted a franchise.

franchiser See FRANCHISOR.

franchisor One who grants a franchise. Also spelled franchiser.

francigena (fran-sa-jee-na). [Law Latin francus "french" + Latin genitus "born"]. 1. A person born in France. 2. Any alien in England; a foreigner. See FRENCHMAN.

francus (frangk-ds). [fr. Frenchfranc "free"]. A freeman.

francus bancus See FREE BENCH.

francus homo (frangk-as hoh-moh). A free man. francus tenens. See FRANK-TENANT.

frank adj. [Law French]. Free. Also spelled fraunc; fraunche; fraunke.

frank- 1. (cap.) A member of the Germanic people who conquered Gaul in the 6th century. - France received its name from the Franks. 2. A signature, stamp, or mark affixed to mail as a substitute for postage. 3.The privilege of sending certain mail free of charge, accorded to certain government of ficials, such as members of Congress and federal courts. Also termed (in sense 3) franking privilege, - frank, vb.

frank bank See FREE BENCH.

frank ferm An estate in land held in socage, the nature of the fee having been changed from knight's service by enfeoffment for certain yearly services. Also spelled frank-ferme.

frankalmoin (frangk-al-moyn). [Law French "free alms"]. A spiritual tenure by which a religious institution held land, usu. with a general duty to pray for the donor. This tenure differed from the tenure by divine service, which required specific church services, such as a certain number of masses or alms distributions. - Also spelled frankalmoign; frankalmoigne. - Also termed almoign; almoin;free alms; libera eleemosyna. See spiritual tenure under TENURE. "Frankalmoin, or free alms, was a survival of AngloSaxon law, and implied simply an indefinite promise to pray for the soul of the donor; but since it was deemed a tenure by which the land was held, the general doctrine of 'services' was applied. On the other hand, in the case of Divine Service, which was much less frequently met with, the tenant promised a definite number of prayers, a duty which might be enforced in the King's courts." A.K.R. Kiralfy, Potter's Outlines of English Legal History 210 (5th ed. 1958).

frank-chase Free chase; a person's liberty or right to hunt or log within a certain area. Others holding land within the frank-chase area were forbidden from hunting or logging in it. See CHASE.

frank-fee Freehold land - land that one held to oneself and one's heirs - exempted from all services except homage; land held other than by ancient demesne or copyhold.

franking privilege See FRANK (3).

frank-law The rights and privileges of a citizen or freeman; specif., the condition of being legally capable of giving an oath (esp. as a juror or witness). See LEGALIS HOMO. "Frank law ... may be understood from Bracton's description of the consequences of losing it, among which the principal one was, that the parties incurred perpetual infamy, so that they were never afterwards to be admitted to oath, because they were not deemed to be othesworth, (that is, not worthy of making oath,) nor allowed to give testimony." 1 Alexander M. Burrill, A Law Dictionary and Clossary657-58 (2d ed. 1867).

franklin (frangk-lin). A freeman; a freeholder; a gentleman. - Also spelled francling;frankleyn;frankleyne.

frankmarriage An entailed estate in which the donor retains control of the land by refusing to accept feudal services from the donee (usu. the donor's daughter) for three generations .o If the donee's issue fail in that time, the land returns to the donor. A donor who accepted homage (and the corresponding services arising from it) from the donee risked lOSing control of the land to a collateral heir. After three generations - a time considered sufficient to demonstrate that the line was well established - the donee's heir could insist on paying homage; doing so transformed the estate into a fee simple. - Also termed liberum maritagium. See MARITAGIUM. "Only when homage has been done are we to apply the rule which excludes the lord from the inheritance. This is at the bottom of one of the peculiarities of the 'estate in frankmarriage.' When a father makes a provision for a daughter, he intends that if the daughter has no issue or if her issue fails - at all events if this failure occurs in the course of a few generations - the land shall come back to him or to his heir. Therefore no homage is done for the estate in frankmarriage until the daughter's third heir has entered, for were homage once done, there would be a danger that the land would never come back to the father or to his heir." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward /291 (2d ed. 1899).

frankpledge (bef. 12c). A promise given to the sovereign by a group of ten freeholders (a tithing) ensuring the group's good conduct. The frankpledge was of Saxon origin, but continued after the Norman Conquest. The members of the group were not liable for an injury caused by an offending member, but they did act as bail to ensure that the culprit would appear in court. They were bound to produce a wrongdoer for trial. - Also termed borrow; laughe. See VIEW OF FRANKPLEDGE. Cf. DECENARY. "Since there was no elaborate group of royal officials, the policing of the country had to be arranged for in a special way. The commonest way was to hold each household responsible for the offenses of any member of it. A further step was taken when, in the time of (nut, a group of ten men was formed who were responsible for each other, in the sense that everyone was security, borh, for the good behavior of the others. This group was called fri-borh, frankpledge, and remained for a long time one of the chief police methods of England." Max Radin, Handbook of Anglo-American Legal History 33-34 (1936).

franks hearing A hearing to determine whether a police officer's affidavit used to obtain a search warrant that yields incriminating evidence was based on false statements by the police officer. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674 (1978).

franks hearing- See FRANKS HEARING.

frank-tenant A freeholder. - Also termed fra ncu 5 tenens. See FREEHOLD.

frank-tenement A free tenement; a freehold .o This term described both the tenure and the estate.

FRAP (frap). abbr. FEDERAL RULES OF APPELLATE PROCEDURE.

frater (fray-tar), n. [Latin]. Roman law. A brother.

frater consanguineus (fray-tar kon-sang-gwin-ee-as). A brother or half-brother having the same father.

frater germanus (fray-tar jar-may-nas). A brother having both parents in common.

frater nutricius (fray-tar n[y]oo-trish-ee-as). A foster brother who was suckled by the same wet nurse.

frater nutricius- See FRATER.

frater uterinus (fray-tar yoo-ta-ri-nas). A brother or half-brother having the same mother.

frater uterinus- See FRATER.

fraternal adj. 1. Of or relating to the relationship of brothers. 2. Of or relating to a fraternity or a fraternal benefit association.

fraternal benefit association A voluntary organization or society created for its members' mutual aid and benefit rather than for profit, and whose members have a common and worthy cause, objective, or interest. These associations usu. have a lodge system, a governing body, rituals, and a benefits system for their members. - Also termedfraternal benefit society;fraternity; fraternal lodge; fraternal order. Cf. FRIENDLY SOCIETY.

fraternal insurance Life or health insurance issued by a fraternal benefit society to its members.

fraternal insurance See INSURANCE.

fraternal lodge See FRATERNAL BENEFIT ASSOCIATION.

fraternal order See FRATERNAL BENEFIT ASSOCIATION.

fraternal society See benevolent association under ASSOCIATION.

fraternity See FRATERNAL BENEFIT ASSOCIATION.

fratres conjurati (fray-treez kon-ja-ray-ti). [Latin "sworn brothers"]. Sworn brothers or companions for the defense of their sovereign or for other purposes.

fratriage (fra-tree-ij or fray-). 1. A younger brother's portion of his father's estate, received as an inheritance. Under feudal law, even though the land was from the father's estate, the younger brother was bound to pay homage to the older brother. 2. A portion ofan inheritance given to coheirs. Also termed fratriagium.

fratricide (fra-tra-sid or fray-). 1. The killing of one's brother or sister. 2. One who has killed one's brother or sister. Cf. SORORICIDE. fratricidal, adj.

fraud 1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usu. a tort, but in some cases (esp. when the conduct is willful) it may be a crime. - Also termed intentional fraud. 2. A misrepresentation made recklessly without belief in its truth to induce another person to act. 3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his or her detriment. 4. Unconscionable dealing; esp., in contract law, the unfair use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain. - fraudulent, adj. "[T]he use of the term fraud has been wider and less precise in the chancery than in the common·law courts. This followed necessarily from the remedies which they respectively administered. Common law gave damages for a wrong, and was compelled to define with care the wrong which furnished a cause of action. Equity refused specific performance of a contract, or set aside a transaction, or gave compensation where one party had acted unfairly by the other. Thus 'fraud' at common law is a false statement ... : fraud In equity has often been used as meaning unconscientious dealing - 'although, I think, unfortunately,' a great equity lawyer has said." William R. Anson, Principles of the Law of Contract 263 (Arthur L Corbin ed., 3d Am. ed. 1919).

fraud by hindsight A claim of fraud based on the assumption that a corporation deliberately misled investors by issuing optimistic financial statements or forecasts and later reporting worse-thanexpected results. Suits for fraud by hindsight were common in the early 19908. Congress eliminated this claim in the Private Securities Litigation Reform Act of 1995. 15 USCA §§ 78u-4(b).

fraud in contemplation of law See constructive fraud (1).

fraud in equity See constructive fraud (1).

fraud in fact See actual fraud.

fraud in law Fraud that is presumed under the circumstances, as when a debtor transfers assets and thereby impairs creditors' efforts to collect sums due. - Also termed constructive fraud.

fraud in the execution See fraud in the factum.

fraud in the execution- See fraud in the factum under FRAUD.

fraud in the factum Fraud occurring when a legal instrument as actually executed differs from the one intended for execution by the person who executes it, or when the instrument may have had no legal existence. Compared to fraud in the inducement, fraud in the factum occurs only rarely, as when a blind person signs a mortgage when misleadingly told that the paper is just a letter. Also termed fraud in the execution;fraud in the making. Cf. fraud in the inducement.

fraud in the making See fraud in the factum.

fraud in the procurement See fraud in the inducement.

fraud in theinducement Fraud occurring when a misrepresentation leads another to enter into a transaction with a false impression of the risks, duties, or obligations involved; an intentional misrepresentation of a material risk or duty reasonably relied on, thereby injuring the other party without vitiating the contract itself, esp. about a fact relating to value. - Also termed fraud in the procurement. Cf. fraud in the factum.