Also known as: fix · fixes · fixing · settled · determined
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An original work of authorship embodied in a tangible medium of expression. The embodiment must be sufficiently permanent to permit the work to be perceived or reproduced for a period of more than transitory duration.
Having a definite or computable duration. An estate or leasehold interest satisfies this requirement when its end point is fixed in units of time or tied to a life or event certain to occur within a measurable period.
Each sense below has its own examples, sources, and questions.
An original work of authorship embodied in a tangible medium of expression. The embodiment must be sufficiently permanent to permit the work to be perceived or reproduced for a period of more than transitory duration.
Select any source to read its text and confirm it supports the definition.
Having a definite or computable duration. An estate or leasehold interest satisfies this requirement when its end point is fixed in units of time or tied to a life or event certain to occur within a measurable period.
Floyd Franklin introduces a revenue bill in the Senate that sets a fixed tax rate on imports. The House claims origination rights under the Constitution. The bill cannot become law until it begins in the House even though the Senate later concurs with amendments.
Felicity French offers a map showing the fixed boundary of a national park. The court takes judicial notice because the boundary location can be accurately and readily determined from government sources whose accuracy cannot reasonably be questioned.
A work is fixed when it is embodied in a tangible medium such as a book, recording, or digital file in a manner that allows perception or reproduction for more than a transitory period.
Supporting sources
Farah Fox agrees to represent a client for a fixed fee rather than a contingent percentage. The lawyer must still communicate the scope and basis of the fee in writing before or shortly after commencing representation.
Francois Fortier conveys land to Frank Fisher for the life of a named third party plus twenty-one years. The conveyance fails because the estate is terminable upon an event not certain to occur within a fixed or computable period.
Finn Fletcher executes a mortgage on land located in State A. When a priority dispute arises in State B, the court applies the law of the situs to decide whether the mortgage creates a fixed interest in land.
Foxfire Biotech leases warehouse space from Fidelity Trust for a fixed term of five years. The lease creates a valid landlord-tenant relationship because the duration is fixed and computable from the outset.
An estate with a fixed or computable duration qualifies as an estate for years or a life estate measured by specified lives. An estate that may end only upon an uncertain future event lacks the required fixed duration and is invalid under property rules.
No. A landlord-tenant relationship requires a fixed or computable period. A lease lacking any definite end date fails to satisfy the statutory requirement for creating the relationship.
…court requiring them to do some particular thing appertaining to their office and duty and which the court has previously determined or at least supposes to be consonant to right and justice. The Federalist explains 'appellate' in its broadest sense as the power of one tribunal to review the proceedings of another as to…