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Glossary The
History of Bail
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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