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fundamental term.See TERM(2).[Blacks Law 8th]

fundamental right. 1. A right derived from natural or fundamental law. 2.Constitutional law. A significant component of liberty, encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications. • A fundamental right triggers strict scrutiny to determine whether the law violates the Due Process Clause or the Equal Protection…

fundamental-miscarriage-of-justice exception.The doctrine allowing a federal court in a habeas corpus proceeding to address a claim of constitutional error that, although ordinarily unreviewable, is subject to review because of a state-court procedural default that rendered the proceedings basically unfair. • For the exception to apply, among other things, the petitioner must show by a preponderance…

fundamental law.The organic law that establishes the governing principles of a nation or state; esp., CONSTITUTIONAL LAW. — Also termed organic law; ground-law. Cf. NATURAL LAW.[Blacks Law 8th]

fundamental interest.See FUNDAMENTAL RIGHT.[Blacks Law 8th]

fundamental interest.See FUNDAMENTAL RIGHT.[Blacks Law 8th]

  fundamental-fairness doctrine.The rule that applies the principles of due process to a judicial proceeding. • The term is commonly considered synonymous with due process.[Blacks Law 8th]

fundamental error.See plain error under ERROR(2).[Blacks Law 8th]

fund,n.1. A sum of money or other liquid assets established for a specific purpose <a fund reserved for unanticipated expenses>. blended fund.A fund created by income from more than one source, usu. from the sale of a testator’s real and personal property. changing fund.A fund, esp. a trust fund, that changes its form periodically as…

functus officio (f<<schwa>>ngk-t<<schwa>>s <<schwa>>-fish-ee-oh). [Latin “having performed his or her office”] (Of an officer or official body) without further authority or legal competence because the duties and functions of the original commission have been fully accomplished. • The term is sometimes abbreviated to functus <the court was functus>. [Cases: Officers and Public Employees 44. C.J.S.…