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Glossary
Impeachment
1. The process of calling a witness's testimony into doubt.
For example, if the attorney can show that the witness may
have fabricated portions of his testimony, the witness is said
to be "impeached;"
2. The constitutional process whereby the House of
Representatives may "impeach" (accuse of misconduct) high
officers of the federal government, who are then tried by the
Senate.
Immunity
An exemption from the normal operation of the law such as a
legal duty or liability, either criminal or civil, enjoyed by
a person (individual or corporate) For example, diplomats
enjoy "diplomatic immunity" which means that they cannot be
prosecuted for crimes committed during their tenure as
diplomat or a witness may agree to testify only if the
testimony cannot be used at some later date during a hearing
against that witness.
Incorporeal
Legal rights which are intangible such as copyrights or
patents.
Incorporeal hereditament
An incorporeal right which is attached to property and which
is inheritable. Easements and profits à prendre (which see)
are examples of incorporeal hereditaments as are hereditary
titles such as those common in the United Kingdom.
Indefeasible
A right or title in property that cannot be made void,
defeated, or canceled by any past event, error, or omission in
the title. For example, a certificate of title issued under a
Torrens land titles system is said to be "indefeasible"
because the government warrants that no interest burdens the
title other than those on the certificate. This makes long and
expensive title searches unnecessary.
Indictment
A formal accusation returned by a Grand Jury, charging a
person with a serious crime. It is on the basis of an
indictment that an accused person must stand trial.
Infanticide
Murder of an infant soon after its birth.
Injunction
A court order which prohibits an activity by a party
(restrictive injunction) or compels the party to a specific
action (mandatory injunction).
In limine
Latin: at the beginning or on the threshold. A motion "in
limine" is a motion that is tabled by one of the parties at
the very beginning of the legal procedures.
In pari delicto
Latin: both parties are equally at fault. The usual use of
this phrase is "in pari delicto, potior est conditio
possidentis" meaning that where both parties in a dispute are
equally at wrong, the party in possession of the contested
property will retain it (i.e. the law will not intervene).
In personam
Latin: All legal rights are either in personam or in rem
(which see). An in personam right is a personal right attached
to a specific person. In rem rights are property rights and
enforceable against the entire world.
In rem
Latin: All legal rights are either in personam or in rem. In
rem rights are proprietary in nature; related to the ownership
of property and not based on any personal relationship, as is
the case with in personam rights.
Insolvent
A person unable to pay his or her debts as they become due.
"Insolvency" is a prerequisite to bankruptcy.
Inter alia
Latin: "among other things", "for example" or "including".
Legal drafters use this term to precede a list of examples or
samples covered by a more general descriptive statement.
Sometimes an inter alia list is used to make absolutely sure
that users of the document understand that the general
description covers a certain element (which was covered in the
general description anyway) without, in any way, restricting
the scope of the general element to include other things that
were not singled out in the inter alia list.
Interim order
A temporary court order intended to be of limited duration,
usually just until the court has had an opportunity of hearing
the full case and make a final order.
Interlineation
An addition of verbiage to a document after it has been
signed. Such additions are of none effect unless they are
initialed by the signatories and, if applicable, witnesses
(e.g. wills).
Interlocutory
Proceedings taken during the course of, and incidental to, a
trial. These decisions intervene after the start of a suit and
decide some issue other than the final decision itself.
Examples can include procedures or applications made which are
to assist a case in preparing its case or of executing
judgment once obtained (e.g. garnishment or judicial sale).
Interlocutory injunction
An injunction lasting only for the duration of the trial
during which the injunction was sought.
Interloper
A person who, without legal right, runs a business (e.g.
without mandatory licenses), or who wrongfully interferes or
intercepts another's business.
International law
A combination of treaties and customs which regulates the
conduct of states amongst themselves. The highest judicial
authority of international law is the International Court of
Justice and the administrative authority is the United
Nations.
Inter partes
Latin: between parties.
Intestate
To die without a will or testamentary document.
Inter vivos
Latin: from one living person to another living person. For
example, an inter vivos trust is one which the settlor sets up
to take effect while he or she is still alive. It can be
contrasted with the testamentary trust, which is to take
effect only upon the settlor's death. Another example is the
sale of a life estate which can only occur between persons
living; i.e. inter vivos.
Inure
To take effect, to result; to come into operation.
Islamic law
The law as interpreted from the Koran. Under Islamic law, the
religion of Islam and the government are one. There is no
separation or church and state. Islamic law is controlled,
ruled and regulated by the Islamic religion and purports to
regulate all public and private behavior, including personal
hygiene, diet, sexual conduct, and child rearing. Islamic law
now prevails in countries all over the middle east and
elsewhere covering twenty per cent of the world's population.
It is probably best known for deterrent punishment, which is
the basis of the Islamic criminal system.
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