Legal Terms: F

The non-immigrant classification for academic students enrolled full time at a SEVP-certified school, allowing study and limited on-campus employment.

A nonimmigrant visa for foreign students enrolled full-time in an accredited academic institution in the United States.

The 1925 federal statute, 9 USC 1 et seq., establishing a strong national policy favoring enforcement of arbitration agreements affecting commerce.

A HIPAA Security Rule physical safeguard requiring covered entities to implement policies and procedures to limit physical access to electronic information systems and facilities.

The person or body (judge or jury) responsible for determining the facts in a legal proceeding.

A witness who testifies based on personal knowledge of events relevant to the case, as distinguished from an expert offering specialized opinions.

The Rule 12(b)(6) ground for dismissal when the complaint, accepting all well-pleaded facts as true, does not state a plausible claim for relief.

The primary federal law establishing minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private sector and government.

The price at which property would change hands between a willing buyer and a willing seller, neither under compulsion, and both having reasonable knowledge of relevant facts.

A legal doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research.

A doctrine in copyright law permitting limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research.

A statutory defense to copyright infringement under 17 U.S.C. Section 107 permitting limited unauthorized use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

The value of dissenting shares determined in an appraisal proceeding, typically excluding any value from the merger itself and using accepted financial methods like DCF.

The four statutory factors used to evaluate fair use: (1) purpose and character of the use, (2) nature of the copyrighted work, (3) amount and substantiality used, and (4) effect on the market for the original.

The hearing under Rule 23(e) at which the court evaluates whether a proposed class settlement is fair, reasonable, and adequate before granting final approval.

Venue under 28 USC 1391(b)(3) available only when no other venue is proper, in any district where any defendant is subject to personal jurisdiction.

A federal statute imposing liability on persons and entities that defraud governmental programs, including healthcare fraud, with treble damages and per-claim penalties.

The unlawful restraint of a person's freedom of movement without their consent and without legal authority.

A reasonable cash allowance payable during probate from the decedent's estate to support the surviving spouse and minor children while the estate is being administered.

A federal law requiring covered employers to provide up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.

A mark that is widely recognized by the general consuming public of the United States as a designation of source, a prerequisite for federal dilution protection.

A coined or invented word with no prior meaning (such as 'Kodak' or 'Exxon'), receiving the strongest level of trademark protection.

The constitutional right, recognized in Faretta v. California, of a competent defendant to waive counsel and represent themselves in a criminal trial.

Statutorily enumerated bases for divorce premised on marital misconduct, such as adultery, cruelty, or abandonment, which may affect support or property distribution in some jurisdictions.

A court established under the U.S. Constitution to hear cases involving federal law, constitutional issues, and disputes between citizens of different states.

A federal statute governing the sale, distribution, and use of pesticides, requiring EPA registration of all pesticide products.

A case arising under the Constitution, federal statutes, or treaties, giving federal courts subject-matter jurisdiction.

Federal jurisdiction under 28 USC 1331 over civil actions arising under the Constitution, laws, or treaties of the United States, as shown on the well-pleaded complaint.

An Indian tribe acknowledged by the federal government as having a government-to-government relationship with the United States, eligible for federal programs and services.

The most complete form of ownership of real property, giving the owner the right to use, possess, and dispose of the land without limitation.

An estate in land that can be defeated or terminated upon the occurrence of a specified event or condition.

The process by which the federal government acquires private land and places it into trust status for the benefit of an Indian tribe, removing it from state and local jurisdiction.

A serious crime typically punishable by imprisonment for more than one year or death. Examples include murder, robbery, and burglary.

A legal rule holding a participant in a felony criminally liable for any death that occurs during the commission of the felony.

A person or entity that holds a position of trust and has a legal obligation to act in the best interest of another party.

A legal obligation of one party to act in the best interest of another, requiring utmost good faith, trust, and loyalty.

The legal obligation of directors, officers, partners, and other fiduciaries to act in the best interest of the entity and its beneficiaries, primarily comprising duties of care and loyalty.

The high standard of loyalty, care, and impartiality owed by an executor to the estate and its beneficiaries, including duties to avoid self-dealing and to account for all transactions.

The obligation of investment advisers and broker-dealers to act in the best interest of their clients when providing investment advice or managing assets.

The constitutional amendment providing protections against double jeopardy, self-incrimination, and deprivation of life, liberty, or property without due process.

The formal submission of legal documents to a court to initiate or continue a legal proceeding.

A classification that determines the tax rate, standard deduction, and eligibility for certain credits, including single, married filing jointly, married filing separately, head of household, and qualifying widow(er).

A court's last action that fully resolves all issues in a case, making it eligible for appeal.

The principle codified in 28 USC 1291 that appellate jurisdiction extends only to final decisions of district courts, with limited statutory and judge-made exceptions.

A document issued by a federal agency when an environmental assessment determines that a proposed action will not significantly affect the environment, eliminating the need for a full EIS.

The Financial Industry Regulatory Authority, a self-regulatory organization that oversees broker-dealers and enforces compliance with securities rules.

The constitutional amendment protecting freedom of speech, religion, press, assembly, and the right to petition the government.

The principle codified at 17 U.S.C. Section 109 that the owner of a lawfully made copy may sell, lend, or otherwise dispose of that particular copy without the copyright holder's permission.

A 2018 federal criminal-justice reform law expanding compassionate release, reducing certain mandatory minimums, and authorizing earned-time credits.

Personal property that has been attached to real property in such a way that it becomes part of the real property.

A classification under the Fair Labor Standards Act that exempts certain employees from minimum wage and overtime requirements based on their job duties and salary level.

An employer's adverse action against an employee for exercising their rights under the Family and Medical Leave Act.

Derivative immigration benefits available to the spouse and unmarried children under 21 of an asylee or refugee, permitting their later admission to the United States.

A motion to remove a prospective juror based on a specific reason indicating inability to be impartial, with no numerical limit.

A clause in a contract that frees parties from liability when extraordinary events beyond their control prevent performance, such as natural disasters or wars.

The legal process by which a lender seizes and sells property when the borrower fails to make mortgage payments.

A legal process by which a lender seizes and sells real property to recover the balance of a defaulted loan secured by a mortgage or deed of trust.

The process by which a corporation or LLC formed in one state registers to do business in another state, requiring appointment of a registered agent and payment of fees. Failure to qualify can prevent the entity from suing in that state.

A credit allowing U.S. taxpayers to reduce their federal tax liability by the amount of income taxes paid or accrued to a foreign country.

The Hadley v. Baxendale principle limiting consequential damages to losses the breaching party had reason to foresee at the time the contract was made.

Government seizure of property connected to criminal activity, available through civil or criminal proceedings.

The crime of making, altering, or possessing a false document with the intent to defraud.

An annual report filed with the SEC providing a comprehensive summary of a public company's financial performance, including audited financial statements.

A quarterly report filed with the SEC containing unaudited financial statements and a continuing view of a company's financial position.

A series of IRS information returns used to report various types of income other than wages, salaries, and tips, including independent contractor payments and investment income.

The court or jurisdiction where a case is heard.

The discretionary doctrine permitting a court with jurisdiction to dismiss an action when another forum would be substantially more convenient and just.

The practice of choosing a court or jurisdiction that is most likely to provide a favorable outcome.

Threshold showings of authenticity, personal knowledge, and relevance that must be established before evidence can be admitted at trial.

Common shares issued to a startup's founders at incorporation, typically at nominal value and subject to vesting and repurchase rights.

The constitutional amendment guaranteeing citizenship to all persons born in the U.S., due process of law, and equal protection of the laws.

A license granted by a company (franchisor) to an individual or group (franchisee) to operate a business using the company's brand, products, and systems.

Intentional deception or misrepresentation made with the intent to deprive another person of property or a legal right.

An egregious species of fraud that defiles the judicial machinery itself, supporting independent action to set aside a judgment without the usual time limits.

An intentional or reckless false assertion made with intent to induce reliance, supporting both rescission and tort damages.

A conveyance of property made with the intent to hinder, delay, or defraud creditors, or made without receiving reasonably equivalent value while the debtor was insolvent.

The trial court's weighing of probative value against the danger of unfair prejudice, confusion, or undue delay to determine admissibility.

A rule excluding evidence of prior bad acts to prove character but allowing it for non-propensity purposes like motive, opportunity, or identity.

The federal rule permitting evidence of a person's habit or an organization's routine practice to prove conduct in conformity therewith.

A federal rule permitting evidence of a defendant's other sexual assaults in cases involving sexual-assault charges for any relevant purpose.

A federal rule permitting evidence of a defendant's prior acts of child molestation in cases charging child molestation for any relevant purpose.

The First Amendment right protecting individuals from government censorship of their expression, subject to certain limited exceptions.

The fundamental policy underlying consumer bankruptcy, allowing honest debtors to eliminate overwhelming debts and begin anew.

A custody doctrine favoring the parent more likely to foster a continuing relationship between the child and the other parent, sometimes codified as a factor in custody statutes.

Lacking any legal merit or factual basis. Courts may impose sanctions for filing frivolous claims.

Doctrine holding that evidence derived from an illegal search or seizure is itself inadmissible, extending the exclusionary rule to indirect products of misconduct.

An older test, still used in some states, admitting expert testimony only if the underlying methodology is generally accepted in the relevant scientific community.

The constitutional requirement that each state honor the legislative acts, public records, and judicial decisions of every other state.

The Article IV, Section 1 command, implemented by 28 USC 1738, that each state give full effect to the judicial proceedings of every other state.

The principle that issue preclusion applies only when the precluded issue was actually litigated and necessarily determined in the prior proceeding.

The most aggressive form of anti-dilution adjustment, lowering the conversion price of existing preferred to the price of any new issuance regardless of size.

The Federal Unemployment Tax Act, imposing a payroll tax on employers to fund state unemployment insurance programs and the federal share of extended benefits.