Legal Glossary

F

false arrest - Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.

false pretenses - Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.

fee simple absolute - The most complete, unlimited form of ownership of real property.

felony - A crime punishable by death or imprisonment for a term of not less than one year, and the crime is of a more serious nature than a misdemeanor.

fiduciary - A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree or care to maintain and preserve the person's rights and/or property which are within his/her charge.

Fifth Amendment - Among other right, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.

fine - A sum of money paid as part of a penalty of conviction for a particular criminal offense.

first appearance - A proceeding in a felony case in which the defendants come before the magistrate and are informed of the charges against them and of their rights to a preliminary hearing, to counsel and to bail. No plea is asked for at this state.

forcible entry and detainee - Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.

foreclosure - A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage.

forgery - The false making or material altering, with intent to defraud, of any writing which, if genuine, might be the foundation of a legal liability.

foundation - In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses' qualifications must be shown before expert testimony will be admissible.

Fourteenth Amendment - Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right.