free-gas clauseOil & gas. A provision in an oil-and-gas lease entitling the lessor or the surface owner to use gas produced from the leased property without charge. Used commonly in colder states, free-gas clauses usu. limit how the gas may be used (e.g., domestic heating and light), how much gas may be used (e.g., not more than 300 MCF per year), or both. |
freehold1. An estate in land held in fee simple, in fee tail, or for term oflife; any real-property interest that is or may become possessory. At common law, these estates were all created by enfeoffment with livery of seisin. 2. The tenure by which such an estate is held. - Also termed freehold estate; estate in freehold; freehold interest; franktenement; liberum tenementum. Cf. LEASEHOLD. |
freehold estateSee FREEHOLD. |
freehold estate-See FREEHOLD. |
freehold interestSee FREEHOLD. |
freehold land society(usu. pl.) A society in England created to enable mechanics, artisans, and other workers to buy at the lowest possible price freehold land with a sufficient yearly value to entitle the owner to the right to vote in the county in which the land was located. |
freeholderOne who possesses a freehold. |
freeholder's court baronSee COURT BARON. |
freeman(bef. 12c) 1. A person who possesses and enjoys all the civil and political rights belonging to the people under a free government. 2. A person who is not a slave. 3. A member of a municipal corporation (a city or borough) who possesses full civic rights, esp. the right to vote. 4. Hist. A freeholder. Cf. VILLEIN. 5. An allodial landowner. Cf. VASSAL. - Also written free man. |
freeman-walter-abele testAn outmoded two-step judicial test for determining whether a claimed invention is an unpatentable mathematical algorithm. The test looks first to whether an algorithm is explicit or inherent in the claim, and second to whether a patent would wholly preempt others from using the algorithm. In re Freeman, 573 F.2d 1237 (CCPA 1978); In re Walter, 618 F.2d 758 (CCPA 1980); In re Abele, 684 F.2d 902 (CCPA 1982). The Federal Circuit has said the test has "little, ifany, applicability" after State St. Bank & Trust Co. v. Signature Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). |
freestone riderSee PUGH CLAUSE. |
free-trade zoneA duty-free area within a country to promote commerce, esp. transshipment and processing, without entering into the country's market. Also termed foreign trade zone;free port. |
freeware(ca. 1983) Software, esp. open-source code, that is made generally available with express or implicit permission for anyone to use, copy, modify, and distribute for any purpose, including financial gain. The term "free" refers to usage rights rather than price - a distinction important in two respects. First, a user may purchase the initial copy of freeware. Second, software available at no cost may not include permission for the software's user to copy, modify, or give away the software. - Also termed free software. Cf. PROPRIE TARY SOFTWARE; SEMI-FREE SOFTWARE; SHAREWARE. |
freeze1. A period when the government restricts or immobilizes certain commercial activity. |
freeze-1. To cause to become fixed and unable to increase <to freeze interest rates> <to freeze prices>. 2. To make immobile by government mandate or banking action <to freeze assets>. 3. To cease physical movement, esp. when ordered by a law enforcement officer <the police officer shouted at the suspect to freeze>. |
freeze outTo subject one to a freeze-out. 2. To exclude a business competitor <freezing out the competition>. |
freezeeA person or entity subjected to a freeze-out. |
freezeoutCorporations. A transaction in which a shareholder or group of shareholders obtains the entire common-equity interest in a company while the other shareholders receive cash, debt, or preferred stock in exchange for their common-equity shares. - Also termed going-private transaction. Cf. SQUEEZE-OUT. "A 'freeze-out' is usually accomplished by the merger of a corporation into its parent corporation, where the parent corporation owns a large percentage of the shares of the subsidiary, and the minority shareholders are entitled to minimal distributions of cash or securities. A 'freeze-out' may also be used to connote the situation where so large a number of equity shares are issued to the acquiring corporation that the public shareholders own less than 10 percent of the outstanding equity securities and, therefore, have no control over the corporation or any of its decisions. In such event, a short-form merger could later be used to eliminate the minority shareholders." 69A Am. Jur. 2d Securities Regulation - State § 245, at 971 n.60 (1993). |
freeze-out mergerSee cash merger under MERGER. |
freight1. Goods transported by water, land, or air; CARGO. 2. The compensation paid to a carrier for transporting goods. "Freight, in the common acceptation of the term, means the price for the actual transportation of goods by sea from one place to another; but, in its more extensive sense, it is applied to all rewards or compensation paid for the use of ships, including the transportation of passengers." 3 James Kent, Commentaries on American Law *219 (George Comstock ed., 11th ed. 1866). |
freight absorptionSee ABSORPTION (5). |
freight forwarderA person or company whose business is to receive and ship goods for others. A freight forwarder may be an agent of the cargo's owner or of the carrier, or may be an independent contractor acting as a principal and assuming the carrier's responsibility for delivering the cargo. - Also termed third-party logistical service provider;forwarding agent. |
freight rateSee RATE. |
freight rateA rate charged by a carrier for the transportation of cargo, usu. based on the weight, volume, or quantity of goods but sometimes also on the goods value or the mileage. |
freighting voyageSee VOYAGE. |
frenchman(bef. 12c) A stranger; a foreigner. In early English law, this term was applied to all foreigners, even those not from France. |
freshadj. Recent; not stale; characterized by newness without any material interval. |
fresh complaintSee FRESH COMPLAINT. |
fresh complaint-A reasonably prompt lodging of a grievance; esp., a victim's prompt report of a sexual assault to someone trustworthy. |
fresh disseisinThe right at common law of a person disseised ofland to forcefully eject the disseisor from the land without resort to law, as long as the ejection occurred soon after the disseisin. |
fresh disseisin-See DISSEISIN. |
fresh fineA fine levied within the past year. fineable. See FINABLE. |
fresh fine-See FINE (5). |
fresh forceForce, such as disseisin or deforcement, newly done. This term refers to force used in a town, and for which a remedy (the Assize of Fresh Force) existed. See assize offresh force under ASSIZE (8). |
fresh pursuit1. The right ofa police officer to make a warrantless search of a fleeing suspect or to cross jurisdictional lines to arrest a fleeing suspect. 2. The right of a person to use reasonable force to retake property that has just been taken. - Also termed hot pursuit. |
fresh startThe favorable financial status obtained by a debtor who receives a release from personal liability on prepetition debts or who reorganizes debt obligations through the confirmation and completion of a bankruptcy plan. |
fresh-complaint ruleThe theory that a sexual-assault victim's credibility is bolstered if the victim reports the assault soon after it occurs. Most courts no longer recognize this theory. |
friday marketSee MARKET. |
friend of the court1. AMICUS CURIAE. 2. In some jurisdictions, an official who investigates and advises the court in domestic-relations cases involving minors. The friend of the court may also help enforce court orders in those cases. |
friendly amendmentAn amendment that the mover of the motion being amended supports, and to which no other member objects. 'The term 'friendly amendment' is often used to describe an amendment offered by someone who is in sympathy with the purposes of the main motion, in the belief that the amendment will either improve the statement or effect of the main motion, presumably to the satisfaction of its maker, or will increase the chances of the main motion's adoption. Regardless of whether or not the maker of the main motion 'accepts' the amendment, it must be opened to debate and voted on formally (unless adopted by unani· mous consent) and is handled under the same rules as amendments generally." Henry M. Robert, Robert's Rules of Order Newly Revised § 12, at 154 (lOth ed. 2000). "Often, such an amendment is proposed as a 'friendly amendment: simply indicating that the member proposing the amendment feels it will be acceptable to the maker of the main motion. If the maker of the original motion does not wish to accept the amendment, the amendment must then receive a second to come before the assembly, and will receive the usual consideration by the assembly. However, even the acceptance of the proposed amendment by the maker of the motion is simply a statement of support, and every member of the assembly retains the right to object to the amendment's adoption by general consent,and to debate and vote on the amendment." Alice Sturgis, The Standard Code of Parliamentary Procedure 53 (4th ed. 2001). |
friendly amendment-See AMENDMENT (3). |
friendly fire1. A fire burning where it is intended to burn, yet capable of causing unintended damage. 2. Military or police gunfire that injures one's own side. |
friendly societyIn Britain, a voluntary association, supported by subscriptions or contributions, for the purpose of prOViding financial relief to ill members and to their widows and children upon death. Friendly societies are regulated by statute. See benevolent association under ASSOCIATION. Cf. FRATERNAL BENEFIT ASSOCIATION. |
friendly subpoenaSee SUBPOENA. |
friendly subpoenaA subpoena issued to a person or entity that is willing to testify or produce documents, but only if legally required to do so. The subpoena may protect the information provider from retaliation from others because the provider is required to comply. Also termed accommodation subpoena. |
friendly suitA lawsuit in which all the parties have agreed beforehand to allow a court to resolve the issues. Friendly suits are often filed by settling parties who wish to have a judgment entered. |
friendly suitorSee WHITE KNIGHT. |
friendly takeoverA takeover that is approved by the target corporation. |
friendly takeoverSee TAKEOVER. |
friendly-parent lawA statute that requires or allows a judge to consider as a factor in awarding custody the extent to which one parent encourages or thwarts the child's relationship with the other parent. |
friendly-parent principleThe theory that if one parent is more likely to support the child's relationship with the other parent after a divorce is granted, then that more supportive parent should be awarded custody. This theory has been criticized as fundamentally flawed because (1) a court may not consider the legitimate fears and concerns that motivate a parent's "unfriendly" behavior, and (2) the theory's simplicity discourages a parent from revealing anything negative about the other parent to the child, even if relevant to the child's safety, for fear of being viewed as too hostile. - Also termed friendly-parent doctrine; friendly-parent paradigm. |
friend-of-the-court briefSee amicus brief under BRIEF. |
fringe benefitA benefit (other than direct salary or compensation) received by an employee from an employer, such as insurance, a company car, or a tuition allowance. - Often shortened (esp. in pl.) to benefit. |
fringe benefit-See BENEFIT. |
friskA pat-down search to discover a concealed weapon. Also termed pat-down. See STOP AND FRISK. Cf. SEARCH (1). |
frivolousadj. Lacking a legal basis or legal merit; not serious; not reasonably purposeful <a frivolous claim>. |
frivolous appealAn appeal having no legal basis, usu. filed for delay to induce a judgment creditor to settle or to avoidpayment of a judgment . Federal Rule of Appellate Procedure 38 provides for the award of damages and costs if the appellate court determines that an appeal is frivolous. Fed. R. App. P. 38. |
frivolous appeal-See APPEAL. |
frivolous claimA claim that has no legal basis or merit, esp. one brought for an unreasonable purpose such as harassment. Fed. R. Civ. P. l1(b). |
frivolous claim-See CLAIM (4). |
frivolous defenseA defense that has no basis in fact or law. |
frivolous defense-See DEFENSE (1). |
frivolous suitSee SUIT. |
frivolous suitA lawsuit having no legal basis, often filed to harass or extort money from the defendant. |
FRMSee fixed-rate mortgage under MORTGAGE. |
frolic(frol-ik), n. Torts. An employee's significant deviation from the employer's business for personal reasons. A frolic is outside the scope ofemployment, and thus the employer is not vicariously liable for the employee's actions. Cf. DETOUR. |
front1. The side or part of a building or lot that is open to view, that is the principal entrance, or that faces out to the open (as to a lake or ocean); the foremost part of something <the property's front was its most valuable attribute>. 2. A person or group that serves to conceal the true identity or activity of the person or group in control <the political party was a front for the terrorist group>. 3. A political association similar to a party <popular front>. |
front footA measurement used to calculate a frontage assessment. Also termed abutting foot. |
front moneySee SEED MONEY. |
front wagesSee WAGE. |
frontage(fran-tij). 1. The part ofland abutting a street or highway or lying between a building's front and a street or highway <the property's value was so low because of its narrow frontage>. 2. The linear distance of a frontage <the lot's frontage was 90 feet>. |
frontage assessmentA municipal tax charged to a property owner for local improvements that abut a street or highway, such as sidewalks, pavements, or sewage lines. |
frontage assessment-See ASSESSMENT. |
frontager(fran-tij-ar), n. A person owning or occupying land that abuts a highway. river, seashore, or the like. |
front-end loadSee loan fund under MUTUAL FUND. |
front-end moneySee SEED MONEY. |
front-foot ruleThe principle that an improvement cost is to be apportioned among several properties in proportion to their frontage, without regard to the benefits conferred on each property. - Also termed front-foot plan. |
frontierFor trade purposes, an international boundary. |
front-page citationA citation of prior art listed on the front page of a patent application and disclosing a patent or publication that is pertinent to the patentability of any of the application's claims. |
front-page citation-See CITATION (4). |
front-page drawingA drawing submitted with the patent application and selected by the examiner as the application's representative drawing. The draWing is reproduced on the front page of the published application or patent. |
front-page drawing-See DRAWING. |
frontpayCourt-awarded compensation for the post-judgment effects of continuing employment discrimination. Cf. BACKPAY. |
front-runningA broker's or analyst's use of nonpublic information to acquire securities or enter into options or futures contracts for his or her own benefit, knowing that when the information becomes public, the price of the securities will change in a predictable manner. This practice is illegal. Front-running can occur in many ways. For example, a broker or analyst who works for a brokerage firm may buy shares in a company that the firm is about to recommend as a strong buy or in which the firm is planning to buy a large block of shares. See INSIDER TRADING. |
frottage(ca. 1935), Sexual stimulation by rubbing the genitals against another person. This may be accomplished without removing clothing. When a child is involved, it is a form of sexual abuse. |
frozen accountSee blocked account. |
frozen account-See blocked account under ACCOUNT. |
frozen assetAn asset that is difficult to convert into cash because of court order or other legal process. |
frozen asset-See ASSET. |
frozen depositA bank deposit that cannot be withdrawn, as when the financial institution is insolvent or an account is restricted. |
frozen deposit-See DEPOSIT (2;). |
FRSabbr. FEDERAL RESERVE SYSTEM. |
FRTIBabbr. FEDERAL RETIREMENT THRIFT INVESTMENTBOARD. |
fructuarius(frak-choo-air-ee-as). [Latin "(one) entitled to fruits"]. Roman & civil law. One having the usufruct of a thing (as ofland and animals); a usufructuary. See USUFRUCTUARY. 2. A lessee. PLfructuarii. |
fructus(frak-tas). [Latin "fruits"], 1. Roman & civil law. The natural produce ofland and animals; the profit or increase from land and animals. The owner of the land or animals acquired ownership by separatio, the separation of the fruit from the parent body. A bona fide possessor or an emphyteuta also acquired ownership by separatio, which allowed a nonowner to claim title from a thief. But in Justinian's law, a bona fide possessor had to account to a successful claimant for ownership for the principal thing and any unconsumed fruits. A tenant or usufructuary acquired title only by perceptio, and cannot claim title from a thief. See PERCEPTION. Cf. FRUCTUS CIVILES. 2. USUFRUCT. PLfructus. |
fructus naturales(frak-tas nach-a-ray-leez). [Latin "natural fruits"]. The natural produce ofland or plants and the offspring of animals. Fructus naturales are considered part of the real property. |
fructus pendentes(frak-tas pen-den-teez). [Latin "hanging fruits"]. Fruits not yet severed or gathered; fruits united with that which produces them. |
fructus civiles(frak-tas sa-vi-Ieez). [Latin "civil fruits"]. Roman & civil law. Income (such as rent or interest) that one receives from another for the use or enjoyment of a thing, esp. real property or loaned money. In Roman law,fructus civiles included both minerals and the earnings ofslaves. |
fructus fundi(frak-tas fan-di). [Latin "land fruits"], The fruits or produce of land. |
fructus industriales(frak-tas in-das-tree-ay-Ieez). [Latin "industrial fruits"], See EMBLEMENTS (1). |