Also known as: framed · frames · frame-up
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The formulation or drafting of a court order or judgment, especially an injunction, with attention to whether the command can be stated with sufficient clarity and enforced in practice.
The characterization of a legal claim or constitutional question in a manner that selects the governing doctrinal test and often shapes the outcome.
Each sense below has its own examples, sources, and questions.
The formulation or drafting of a court order or judgment, especially an injunction, with attention to whether the command can be stated with sufficient clarity and enforced in practice.
Select any source to read its text and confirm it supports the definition.
The characterization of a legal claim or constitutional question in a manner that selects the governing doctrinal test and often shapes the outcome.
Fabian Flynn and Faith Fitzgerald challenge a state marriage statute. Opponents argue the claim seeks a new right rather than the established right to marry. The Court must decide how the issue is framed before applying due process analysis.
Frontier Capital operates a noisy factory next to Flora Ford's home. Ford seeks an injunction limiting operating hours. The court considers whether an order can be framed and enforced without repeated modification or impossible monitoring of every shift.
One listed factor is the practicability of framing and enforcing the order or judgment.
Supporting sources
A court must be able to state the command with enough clarity that the defendant knows what is required and that violations can be detected and punished.
Supporting sources
Frederick Ferguson objects to a city's condemnation of his land for economic development. The parties dispute whether the public-use question is framed as a broad legislative judgment or a narrow judicial inquiry into the project's purpose.
Fumiko Fujimoto sues a publisher for a false article. The court frames the constitutional question around whether Fujimoto is a public figure, which determines the fault standard that applies.
Fusion Power funds an electioneering communication. The Court frames the First Amendment issue as whether the corporate identity itself justifies restricting political speech.
Francois Fortier is prosecuted under a federal statute for possessing a firearm near a school. The Court frames the constitutional question as whether the regulated activity substantially affects interstate commerce.
The way a right or power is characterized determines which doctrinal test the court applies and often the outcome.
Supporting sources
…worked their way over to the Colonies and were implanted after great struggle into the Bill of Rights.[^maj-29] Those who framed our Constitution and the Bill of Rights were ever aware of subtle encroachments on individual liberty. They knew that "illegitimate and unconstitutional practices get their first footing .…