Also known as: founded upon · based on · grounded in
Written by attorneys · grounded in primary & secondary sources — see below
A phrase indicating that one thing has another as its basis or foundation. The phrase identifies the underlying source or predicate for a claim, action, denial, or other legal position.
Farid Farahani killed a neighbor after a verbal argument that had simmered for months. The prosecutor charged murder. At trial the defense sought a voluntary-manslaughter instruction on the theory that the killing was founded on adequate provocation. The court refused the instruction because mere words and long-past wrongs cannot supply the required basis.
Fatou Fall purchased a warehouse from Fusion Power. After closing she discovered that the seller had concealed major structural defects. She sued for fraud. Fusion Power moved to dismiss on merger grounds. The court denied the motion because the fraud claim was founded on misrepresentations independent of the deed.
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Frederick Ferguson answered a complaint by denying every allegation of fact. The plaintiff moved for Rule 11 sanctions. The court imposed sanctions because the denials were not founded on any evidence or reasonable belief formed after inquiry.
Francesca Fowler, a fact witness, testified that the defendant appeared "negligent" in operating machinery. The opposing party objected. The court struck the testimony because the opinion was not founded on the witness's own perception.
Felix Franco was acquitted of theft. The state later charged him with robbery arising from the identical incident. Franco moved to dismiss. The court granted the motion because the new prosecution was founded on the same conduct that had already resulted in acquittal.
Fabian Flynn contracted to buy equipment from Falcon Dynamics. The seller delivered only half the units and refused to complete performance. Flynn sued for the full contract price. The court awarded damages founded on all remaining rights to performance because the breach was total.
The phrase identifies the factual or legal predicate that supplies the basis for the claim. Courts examine whether the asserted right or cause of action rests on the identified foundation.
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A claim founded on fraud or mutual mistake survives merger because those theories rest on conduct outside the deed itself. The court looks to the nature of the underlying basis rather than the deed alone.
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A denial violates the rule when it is not founded on evidence or on a reasonable belief formed after inquiry. The court measures the basis that actually supports the denial.
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The opinion must be founded on the witness's own perception. Testimony that rests on specialized knowledge or second-hand information falls outside the rule.
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A second prosecution is barred when it is founded on the same conduct that produced an earlier acquittal or conviction. The court compares the conduct underlying both prosecutions.
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A claim for total breach is founded on all of the injured party's remaining rights to performance. The court therefore calculates damages by reference to the entire remaining obligation rather than only the breached installment.
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…here, the plaintiff is himself or herself the immediate object of the challenged statute. Pp. 123-129. (b) The Does' complaint based on their own and their wives' alleged injury from the future possibility of contraceptive failure, possible future pregnancy, and possible future unpreparedness for parenthood is too…