A) Status of a person residing in a country of which he/she is not a citizen and who has no official permission to reside there. B) Violation of statute, regulation or ordinance, which may be criminal or merely not in conformity.
A non-citizen who has entered the country without government permission or stayed beyond the expiry date of a visa.
An agreement to do indefinite act. Thus, the other party need not perform or pay since he/she got nothing in what he/she may have thought was a contract.
A commonly heard objection for introducing evidence in a trial on the ground that it had nothing substantial to do with the case or any issue in the case. It can also apply to any matter in a lawsuit which has no bearing on the issues to be decided in a trial. The public is often surprised at what is immaterial, such as references to a person's character or bad deeds in other situations.
A) At once. B) In orders of the Court or in contracts it means "as soon as can be done" without excuse.
Exemption from penalties, payments or legal requirements, which are granted by authorities or statutes. Immunity in law are as follows : a) public officials' protection from liability for their decisions; b) a promise not to prosecute for a crime in exchange for information or testimony in a criminal matter, granted by the prosecutors, a judge, a grand jury or an investigating legislative committee; c) governmental (or sovereign) immunity, which protects government agencies from lawsuits unless the government agreed to be sued; d) diplomatic immunity which excuses foreign ambassadors from most criminal laws.
To select and establish a jury.
The act of selecting a jury from the list of potential jurors, called the "panel." There are some steps which are as follows A) drawing names at random from a large number of jurors called; B) Seating twelve tentative jurors (or fewer where agreed to); C) Hearing individual juror requests for being excused, to be determined by the judge; D) Questions from judge and lawyers for both sides, called "voir dire"; E) Challenges of tentative jurors either for cause (decided by the judge) or peremptory (no reason given) by the lawyers; F) Swearing in the jurors who survive this process.
A) To charge a public official with a public crime for which the punishment is removal from office. B) To discredit the testimony of a witness by proving that he/she has not told the truth or has been inconsistent, by introducing contrary evidence, including statements made outside of the courtroom in depositions or in statements of the witness heard by another.
A) The trying of a public official for charges of illegal acts committed in the performance of public duty. It is not the conviction for the alleged crime nor the removal from office. It is only the trial itself. B) Discrediting a witness by showing that he/she is not telling the truth or does not have the knowledge to testify as he/she did.
A procedural device before trial in which a party brings a third party into the lawsuit because that third party is the one who owes money to an original defendant, which money will be available to pay the original plaintiff. The theory is that two cases may be decided together and justice may be done more efficiently than having two suits in a series.
Circumstances, conduct or statements of one or both parties which substitute for explicit language to prove authority to act, warranty, promise, trust, agreement, consent or easement, among other things. Thus circumstances "imply" something rather than spell it out.
Consent which is assumed by surrounding circumstances exist, although no direct, express or explicit words of agreement had been uttered. Examples: a "contract" based on the fact that one person has been doing a particular thing and the other person expects him/her to continue.
An agreement which is found to exist based on the circumstances when to deny a contract would be unfair and/or result in unjust enrichment to one of the parties. An implied contract is distinguished from an "express contract."
Implied covenant of good faith and fair dealing
A general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations or denying what the other party obviously understood. A lawsuit which is based on the breach of this covenant is often brought when the other party has been claiming technical excuses for breaching the contract or using the specific words of the contract to refuse to perform when the surrounding circumstances or apparent understanding of the parties were to the contrary.
An assumption at law that products are "merchantable," meaning they work and are useable as normally expected by consumers, unless there is a warning that they are sold "as is" or second-hand without any warranty. A grant deed of real property carries the implied warranty of good title, meaning the grantor (seller) had a title (ownership) to transfer.
The situation when an act cannot be performed due to nature, physical impediments or unforeseen events.
The male's inability to copulate. Impotence can be grounds for annulment of a marriage if the condition existed at the time of the marriage and grounds for divorce. Impotence does not include sterility, which means inability to produce children.
A) To take away records, money or property, such as an automobile or building, by government action pending the outcome of a criminal prosecution. The records may be essential evidence, or the money or property may be forfeit to the state as in illegal drug cases. B) To collect funds, in addition to installment payments, from a person who owes a debt secured by property, and place them in a special account to pay property taxes and insurance when due. This protects the lender or seller from the borrower's possible failure to keep up the insurance or a mounting tax bill which is a lien on the property.
Any permanent structure on property, or any work on the property.
A) To attribute knowledge and/or notice to a person only because of his/her relationship to the one actually possessing the information. B) To attach to a person responsibility (and therefore financial liability) for acts or injuries to another, because of a particular relationship, such as mother to child, guardian to ward, employer to employee or business associates. Example: a sixteen year-old boy drives his father's car without a license and runs someone down. The child's negligence may be imputed to the parent
(in ab-sensh-ee-ah) In one's absence. Occasionally a criminal trial is conducted without the defendant being present when he/she walks out or escapes after the trial has begun, since the accused has thus waived the constitutional right to face one's accusers.
In Latin it means for "in chambers." This refers to a hearing or discussions with the judge in the privacy of his chambers or when spectators and jurors have been excluded from the Courtroom.
Discussions or hearings which are held in the judge's office, called his chambers. It is also called "in camera."
(in ex-tree-miss) Facing imminent death.
In fee simple
Holding clear title to real property.
In forma pauperis
(in form-ah paw-purr-iss) In Latin for "in the form of a pauper," referring to a party to a lawsuit who gets filing fees waived by filing a declaration of lack of funds (has no money to pay). These declarations are most often found in divorces by young married or poor defendants who have been sued.
In haec verba
(in hike verb-ah)prep. In Latin "in these words," which refers to stating the exact language of an agreement in a complaint or other pleading rather than attaching a copy of the agreement as an exhibit incorporated into the pleading.
Payment, distribution or substitution of things in lieu of money, a combination of goods and money, or money instead of an article. It is an expression often found in wills and trusts, which empowers the executor or trustee to make distribution to beneficiaries "in kind" according to his/her discretion as long as the value is equivalent to the value intended to be given to each beneficiary. This is important since it allows distribution of furniture, heirlooms, stocks and bonds, automobiles or even real property (as well as money) among the beneficiaries without selling assets to get cash.
Instead. "In lieu taxes" are use taxes paid instead of sales tax. A "deed in lieu of foreclosure" occurs when a debtor just deeds the property securing the loan to the lender rather than go through the foreclosure process.
(in lim-in-ay) In Latin for "at the threshold," which is referring to a motion before a trial begins. A motion to suppress illegally obtained evidence is such a motion.
In loco parentis
(in loh-coh pah-rent-iss) In Latin for "instead of a parent" or "in place of a parent," this phrase identifies a foster parent, a county custodial agency or a boarding school which is taking care of a minor, including protecting his/her rights.
In pari delicto
(In pah-ree dee-lick-toe) In Latin for "in equal fault," which means that two or more people are all at fault or are all guilty of a crime. In contract law, if the fault is more or less equal then neither party can claim breach of the contract by the other; in an accident, neither can collect damages, unless the fault is more on one than the other under the rule of "comparative negligence"; in defense of a criminal charge, one defendant will have a difficult time blaming the other for inducing him or her into the criminal acts if the proof is that both were involved.
Forever, as in one's right to keep the profits from the land in perpetuity.
(In purr-soh-nam) In Latin for "directed toward a particular person." In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment." In personam is distinguished from in rem, which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (in rem) then the action must be filed where the property exists and is only enforceable there.
In pro per
It is abbreviation for in propria persona
In propria persona
For one's self, acting on one's own behalf, generally used to identify a person who is acting as his/her own attorney in a lawsuit. The popular abbreviation is "in pro per." In the filed legal documents (pleadings), the party's name, address and telephone number are written where the name, address and telephone number of the attorney would normally be stated. The words "in propria persona" or "in pro per" are typed where normally it would say "attorney for plaintiff".
It is abbreviation for "in regard to" or concerning. Often "in re" is found near the top of lawyers' letters to identify the subject matter, as "In re Estate of Anil Gupta". It is also used in naming legal actions in which there is only one party, the petitioning party.
In Latin "against or about a thing," referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is "in rem." The term is important since the location of the property determines which court has jurisdiction and enforcement of a judgment must be upon the property and does not follow a person. "In rem" is different from "in personam," which is directed toward a particular person.
In terrorem clause
(in tehr-roar-em)n. In Latin for "in fear," a provision in a Will which threatens that if anyone challenges the legality of the Will or any part of it, then that person will be cut off, instead of getting the full gift which is provided in the Will. The clause is intended to discourage beneficiaries from causing a legal ruckus after the will writer is gone. However, if the Will is challenged and found to be invalid (due to lack of mental capacity, undue influence or failure to have it properly executed), then such a clause also fails. So a prospective challenger takes his/her chances. The Courts have ruled that merely putting in a claim for moneys due from the estate is not a legal challenge to the will itself and is permissible without losing the gift.
(in toe-toe) In Latin for "completely" or "in total," which means the entire thing, as in "the stocks were destroyed in toto,"
Lacking the ability to understand one's actions in making a Will, executing some other document or entering into an agreement. A challenge to the validity of a Will often turns on a claim that the person (now dead and unable to testify) lacked the capacity to understand what he/she owned, who were the "natural objects of his/her bounty" (close relatives primarily), that no one was able to dominate the testator's (will writer's) judgment so as to exert "undue influence." Mental weakness may show lack of capacity to make a will, as can fear, intimidation or persistent drunkenness. B) Not being able to perform any gainful employment due to congenital disability, illness (including mental), physical injury, advanced age or intellectual deficiency. This is significant in claims for worker's compensation, or in disability insurance.
Sexual intercourse between close blood relatives, including brothers and sisters, parents and children, grandparents and grandchildren, or aunts or uncles with nephews or nieces.
Something which has begun but has not been completed, either an activity or some object which is incomplete. It may define a potential crime like a conspiracy which has been started but not perfected or finished, a right contingent on an event or a decision or idea which has been only partially considered, such as a contract which has not been formalized.
Someone who obtains a benefit as the result of the main purpose of the trust. Example: the co-owner of property with a named beneficiary may benefit from moneys provided to improve the building they jointly own, or a grandchild might benefit from his/her parent receiving a gift which could be used by the entire family, or which he/she may inherit from the parent.
Money, goods or other economic benefit which are received by any person. Under income tax laws, income can be "active" through one's efforts or work (including management) or "passive" from rentals, stock dividends, investments and interest on deposits in which there is neither physical effort nor management. For tax purposes, income does not include gifts and inheritances received. Taxes are collected based on income by the government.
A tax on an individual's net income, after deductions of various expenses and payments such as charitable gifts, calculated on a formula which takes into consideration whether it is paid jointly by a married couple, the number of dependents of the taxpayers, special breaks for disabilities and other factors.
The state of a marriage in which the spouses no longer have the mutual desire to live together and/or stay married. Thus, it is a ground for divorce (dissolution) even though one spouse may disagree.
A) Unmatching. B) Inconsistent. C) Unable to live together as husband and wife due to irreconcilable differences. In no-fault divorce states, if one of the spouses desires to end the marriage, that fact proves incompatibility, and a divorce (dissolution) will be granted even though the other spouse does not want a divorce. The term also has the general meaning that two people do not get along with each other.
The condition of lacking the ability to handle one's affairs due to mental or physical incapacity. Before a condition of incompetency is officially declared by a Court, a hearing must be held with the person who is involved interviewed by a Court investigator; the person must be present and/or represented by an attorney.
A) A person who is not able to manage his/her affairs due to mental deficiency (low I.Q., deterioration, illness or psychosis) or sometimes physical disability. Being incompetent can be the basis for appointment of a guardian or conservator (after a hearing in which the party who may be found to be incompetent has been interviewed by a court investigator and is present and/or represented by an attorney) to handle his/her person and/or affairs (often called "estate"). B) A generalized reference to evidence which cannot be introduced because it violates various rules against being allowed, particularly because it has no bearing on the case. It may be irrelevant (not sufficiently significant) or immaterial (does not matter to the issues). C) In criminal law, the inability to understand the nature of a trial. In these cases the defendant is usually institutionalized until such time as he/she regains sanity and can be tried.
Testimony, documents or things which one side attempts to present as evidence during trial, which the court finds (usually after objection by the opposition) are not admissible because they are irrelevant or immaterial to the issues in the lawsuit. Thus, trial lawyers often object with: "incompetent, irrelevant and immaterial," figuring that covers the waterfront of most objections.
Evidence which is introduced to prove a fact in a trial which is so conclusive, that by no stretch of the imagination can there be any other truth as to that matter.
A) To include into a unit. B) To obtain an official charter or articles of incorporation from the state for an organization, which may be a profit-making business, a professional business such as a law office or medical office or a non-profit entity which operates for charitable, social, religious, civic or other public service purposes. The process includes having one or more incorporators, choose a name not currently used by any corporation, prepare articles, determine who will be responsible for accepting service of process, decide on the stock structure, adopt a set of bylaws, file the articles of incorporation, and hold a first meeting of incorporators to launch the enterprise.
Incorporate by reference
To include language from another document or elsewhere in a document by reference rather than repeat it. Typical language: "Plaintiff incorporates by reference all of the allegations contained in the first and second causes of action hereinabove stated."
The act of incorporating an organization.
A thing which is not physical, such as a right. This is different from tangible.
To make a statement in which one admits that he/she has committed a crime or gives information that another named person has committed a crime.
See also: encumbrance
The crime of displaying one's genitalia to one or more other people in a public place, usually with the apparent intent to shock the unsuspecting viewer and give the exposer a sexual charge.
Which cannot be altered or voided, usually in reference to an interest in real property.
To guarantee against any loss which another might suffer.
The act of making someone "whole" (give equal to what they have lost) or protected from (insured against) any losses which have occurred or will occur.
A) A type of real property deed in which two parties agree to continuing mutual obligations. One party may agree to maintain the property, while the other agrees to make periodic payments. B) A contract binding one person to work for another. C) To bind a person to work for another.
A person or business which performs services for another person or entity under a contract which is made between them, with the terms spelled out such as duties, pay, the amount and type of work and other matters. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the party hiring him/her/it has become vital since an independent contractor pays his/her/its own income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage. An independent contractor must be able to determine when and where work is performed, be able to work for others, provide own equipment and other factors which are indicative of true independence.
The prison term imposed after conviction for a crime which does not state a specific period of time or release date, but just a range of time, such as "five-to-ten years." It is one side of a continuing debate as to whether it is better to make sentences absolute (subject to reduction for good behavior) without reference to potential rehabilitation, modification or review in the future.
(in-dish-yah) In Latin for "signs," circumstances which tend to show or indicate that something is probable. It is used in the form of "indicia of title," or "indicia of partnership," particularly when the "signs" are items like letters, certificates or other things that one would not have unless the facts were as the possessor claimed.
A crime (offense) for which a Grand Jury rules that there is enough evidence to charge a defendant with an offence. These crimes include rape, kidnapping, murder, manslaughter, grand theft, robbery, burglary, arson, conspiracy, fraud and other major crimes, as well as attempts to commit them.
A charge of a serious crime voted by a Grand Jury which is based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor. To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried. If the judge finds there is enough evidence, he/she will order the case sent to the appropriate court for trial.
A) One without sufficient income to afford a lawyer for defense in a criminal case. If the Court finds a person is an indigent, the Court must appoint a public defender or other attorney to represent him/her. B) A person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. C) A person who is very poor and needy.
A person or entity which must be included in a lawsuit so that the Court can make a final judgment or order that will conclude the controversy.
See also: endorsement
Although the popular use of the word means the early years of age in law, it is under-age or minority. Historically this meant under twenty years, but statutes adopted end minority and infancy at eighteen. An "infant" cannot file a lawsuit without a "guardian ad litem" (one-purpose guardian) acting for him/her, cannot enter into a contract that is enforceable during his/her minority.
A rule of logic which is applied to evidence in a trial, in which a fact is "proved" by presenting other "facts" which lead to only one reasonable conclusion-that if X and Y are true, then Z is. The process is called "deduction" or "deductive reasoning" and is a persuasive form of circumstantial evidence.
An accusation or criminal charge which is brought by the public prosecutor without a Grand Jury indictment. This "information" must state the alleged crimes in writing and must be delivered to the defendant at the first court appearance (arraignment). If the accusation is for a felony, there must be a preliminary hearing within a short period in which the prosecution is required to present enough evidence to convince the judge holding the hearing that the crime or crimes charged were committed and the defendant is likely to have committed them. If the judge becomes convinced, the defendant must face trial, and if the judge does not, the case against the defendant is dismissed. Sometimes it is a mixed bag, in that some of the charges in the information are sufficient for trial and the case is sent (remanded) to the appropriate court, and some are dismissed.
Information and belief
This phrase often used in legal pleadings (complaints and answers in a lawsuit), declarations under penalty of perjury, and affidavits under oath, in which the person making the statement or allegation qualifies it. In effect, he/she says: "I am only stating what I have been told, and I believe it." This makes clear about which statements he/she does not have sure-fire, personal knowledge (perhaps it is just hearsay or surmise) and protects the maker of the statement from claims of outright falsehood or perjury. The typical phraseology is: "Plaintiff is informed and believes, and upon such information and belief, alleges that defendant diverted the funds to his own use".
Agreement to do something or to allow something to happen only after all the relevant facts are known is called informed consnent. In contracts, an agreement may be reached only if there has been full disclosure by both parties of everything each party knows which is significant to the agreement. A patient's consent to a medical procedure must be based on his/her having been told all the possible consequences, except in emergency cases when such consent cannot be obtained. A physician or dentist who does not tell all the possible bad news as well as the good, operates at his/her peril of a lawsuit if anything goes wrong. In criminal law, a person accused or even suspected of a crime cannot give up his/her legal rights such as remaining silent or having an attorney, unless he/she has been fully informed of his/her rights.
In Latin for "below," this is legal shorthand to indicate that the details or citation of a case will come later on in the brief. Infra is different from supra, which shows that a case has already been cited "above".
A) Trespassing or illegal entering. B) In the law of patents (protected inventions) and copyrights (protected writings or graphics), the improper use of writing, graphic a patent or trademark without permission, without notice, and especially without contracting for payment of a royalty. Even though the infringement may be accidental (an inventor thinks he is the first to develop the widget although someone else has a patent), the party infringing is responsible to pay the original patent or copyright owner substantial damages, which can be the normal royalty or as much as the infringers' accumulated gross profits.
A) Entrance. B) the right to enter. C) The act of entering. Often used in the combination "ingress and egress," which means entering and leaving, to describe one's rights to come and go under an easement over another's property.
To receive all or a portion of the estate of an ancestor upon his/her death, usually from a parent or other close relative pursuant to the laws of descent. Technically, one would "inherit" only if there is no will, but popularly it means any taking from the estate of a relative, including a wife or husband, by will or not.
Whatever one receives upon the death of a relative due to the laws of descent and distribution, when there is no will is termed as inheritance. However, inheritance has come to mean anything received from the estate of a person who has died, whether by the laws of descent or as a beneficiary of a will or trust.
A writ (order) issued by a Court ordering someone to do something or prohibiting some act after a Court hearing in a case. The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to show why the injunction should not be issued; c) serve (personally delivered) the order to show cause on the party whom he/she wishes to have ordered to act or be restrained ("enjoined"); partake in a hearing in which both sides attempt to convince the judge why the injunction should or should not be granted. If there is danger of immediate irreparable harm at the time the petition is filed, a judge may issue a temporary injunction which goes into effect upon it being served (deliver or have delivered) to the other party. This temporary injunction will stay in force until the hearing or sometimes until the outcome of a lawsuit is decided in which an injunction is one of the parts of the plaintiff's demands. A final and continuing injunction is called a permanent injunction. Examples of injunctions include prohibitions against cutting trees, creating nuisances.
A court ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition which is filed to the Court for an injunction. Such an act is the use of judicial (court) authority to handle a problem and is not a judgment for money. Whether the relief will be granted is usually argued by both sides in a hearing rather than in a full-scale trial, although sometimes it is part of a lawsuit for damages and/or contract performance. Historically, the power to grant injunctive relief stems from English equity courts rather than damages from law courts.
Any harm which is done to a person by the acts or omissions of another. Injury may include physical hurt as well as damage to reputation or dignity, loss of a legal right or breach of contract. If the party causing the injury was either willful (intentionally causing harm) or negligent then he/she is responsible (liable) for payment of damages for the harm caused. Theoretically, potential or continuing injury may be prevented by an order of the court upon a petition for an injunction.
Without guilt. Usually the plea which an accused criminal defendant gives to the court at the time of his/her first appearance (or after a continued appearance). Such pleas often disturb the public in cases in which guilt seems obvious from the start. However, everyone is entitled to a fair trial, and the innocent plea gives defense lawyers an opportunity to investigate, find extenuating circumstances, develop reasons punishment should be lenient, and let the memories of witnesses fade.
In Latin innuere, "to nod toward." In law it means "an indirect hint." "Innuendo" is used in lawsuits for defamation (libel or slander), usually to show that the party suing was the person about whom the nasty statements were made or why the comments were defamatory.
An investigation and/or a hearing which is held by the coroner (a country official) when there is a violent death either by accident or homicide, the cause of death is not immediately clear, there are mysterious circumstances surrounding the death, or the deceased was a prisoner. Usually an autopsy by a qualified medical examiner from the coroner's office is a key part of the inquest. In rare cases a jury may be used to determine the cause of death.
Mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is different from low intelligence or mental deficiency due to age or injury. If a complaint is made to law enforcement, or to medical personnel that a person is evidencing psychotic behavior, he/she may be confined to a medical facility long enough to be examined by psychiatrists who submit written reports to the local court. A hearing is then held before a judge, with the person in question entitled to legal representation, to determine if she/he should be placed in an institution or special facility. The person ordered institutionalized at the hearing may request a trial to determine sanity. Particularly since the original hearings are often routine with the psychiatric findings accepted by the judge. In criminal cases, a plea of "not guilty by reason of insanity" will require a trial on the issue of the defendant's insanity at the time the crime was committed. In these cases the accused usually claims "temporary insanity". The traditional test of insanity in criminal cases is whether the accused knew "the difference between right and wrong," following the "M'Naughten rule" from 19th century England. A claim by an accused of his/her insanity at the time of trial requires a separate hearing to determine if a defendant is sufficiently sane to understand the nature of a trial and participate in his/her own defense. If found to be insane, the defendant will be ordered to a mental facility, and the trial will be held only if sanity returns.
The claim of a defendant in a criminal prosecution that he/she was insane when the crime was committed, usually only temporarily.
The addition of language at a place within an existing typed or written document, which is always suspect unless initialed by all parties.
Someone who has a position in a business or stock brokerage, which allows him/her to be privy to confidential information (such as upcoming profit and loss reports, secret sales figures and merger negotiations) which will affect the value of stocks or bonds. While there is nothing wrong with being an insider, use of the confidential information unavailable to the investing public in order to profit through sale or purchase of stocks or bonds is unethical and a crime under the Securities and Exchange Act.
The use of confidential information about a business which is gained through employment in a company or a stock brokerage, to buy and/or sell stocks and bonds which is based on the private knowledge that the value will go up or down. The victims are the unsuspecting investing public.
A) A determination by a bankruptcy Court that a person or business cannot raise the funds to pay all of his/her debts. The Court will then "discharge" some or all of the debts, leaving those creditors holding the bag and not getting what is owed them. The supposedly insolvent individual debtor, even though found to be bankrupt, is allowed certain exemptions, which permit him/her to retain a car, business equipment, personal property and often a home as long as he/she continues to make payments on a loan secured by the property. B) The condition of having more debts (liabilities) than total assets which might be available to pay them, even if the assets were mortgaged or sold.
Inspection of documents
The right to examine and copy the opposite party's papers in a lawsuit which are relevant to the case. A demand may be made, but the categories of documents must be stated so that the other party can know what he/she must produce. If the opposition either refuses to produce some documents or appears to hold back, the party wanting to see the documents can bring a "motion to produce" requesting a court order to produce and a penalty (sanctions) to be paid for failure to honor the demand. A party may also use a subpena duces tecum to obtain specific documents if they are known to exist. All of these procedures are part of the discovery process, intended to give both sides extensive pre-trial information. Such exchanges of documents can lead to settlement, minimize surprises at trial and keep one side from hiding material, thus preventing the other from being able to introduce relevant material at trial. However, it is well known that many law firms obfuscate, delay, pretend to misunderstand requests and fail to be forthcoming.
An agreement in which payments of money, delivery of goods or performance of services are to be made in a series of payments, deliveries or performances, usually on specific dates or upon certain happenings. One significance is that failure to pay an installment when due is a breach in which damages can be assessed based on the portion which has not been paid, and is an excuse for the other party not to perform further. In many installment contracts, failure to make a payment gives the seller of an article the right to repossess.
An explanation of the law which is governing a case which the judge gives orally to the jury after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations.
A) A written legal document such as a contract, lease, deed, will or bond. B) An object which used to perform some task or action, ranging from a surgeon's scalpel to any hard thing used in an assault (a blunt instrument).
A finding by a trial judge or a Court of appeals in a case that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence. Insufficient evidence usually results in dismissal of the case after the prosecution or the plaintiff has completed his/her introduction of evidence or, if on appeal, reversal of the judgment by the trial court.
A contract (insurance policy) in which the insurer (insurance company) agrees for a fee (insurance premiums) to pay the insured party all or a portion of any loss which is suffered by accident or death. The losses which are covered by the policy may include property damage or loss from accident, fire, theft or intentional harm; medical costs and/or lost earnings due to physical injury; long-term or permanent loss of physical capacity; claims by others due to the insured's alleged negligence (e.g. public liability auto insurance); loss of a ship and/or cargo; finding a defect in title to real property; dishonest employees; or the loss of someone's life. Life insurance may be on the life of a spouse, a child, one of several business partners or an especially important manager ("key man" insurance), all of which is intended to provide for survivors or to ease the burden created by the loss of a financial contributor. So-called "mortgage" insurance is life insurance which will pay off the remaining amount due on a home loan on the death of the husband or wife.
A) The person whose life is insured by life insurance, after whose death the benefits go to others. B) The person or entity who will be compensated for loss by an insurer under the terms of a contract called an insurance policy.
An insurance company which agrees to pay someone who pays them for insurance for losses suffered pursuant to the terms of an insurance policy.
Items such as stock in a company which represent value but are not actual, tangible objects.
Mental desire and will to act in a particular way, including wishing not to participate. Intent is a crucial element in determining if certain acts were criminal. Occasionally a judge or jury may find that "there was no criminal intent".
(in-tur eh-lee-ah) prep. In Latin for "among other things". This phrase is often found in legal pleadings and writings to specify one example out of many possibilities.
(in-tur say) In Latin for "among themselves," for instance, certain corporate rights are limited only to the shareholders or only to the trustees as a group.
(in-tur veye-vohs) In Latin for "among the living", usually referring to the transfer of property by agreement between living persons and not by a gift through a Will. It can also refer to a trust (inter vivos trust) which commences during the lifetime of the trustor or settler creating the trust as distinguished from a trust created by a Will (testamentary trust), which comes into existence upon the death of the writer of the will.
Inter vivos trust
A trust which is created by a writing (declaration of trust) which commences at that time, while the creator (called a trustor or settlor) is alive, sometimes called a "living trust." The property is then placed in trust with a trustee (often the trustor during his/her lifetime) and distribution will take place according to the terms of the trust-possibly both during the trustor's lifetime and then upon the trustor's death. This is different from a testamentary trust, which is created by the terms of a will and places some assets from the dead person's estate in a trust to exist from the date of death and until fully distributed.
A) The financial amount which paid by someone else for the use of a person's money, as on a loan or debt, on a savings account in a bank, on a certificate of deposit, promissory note or the amount due on a judgment. Interest is usually stated in writing at the time the money is loaned. There are variable rates of interest, particularly on savings accounts which depend on funding from the Reserve or other banks and are controlled by the prevailing interest rates on those funds. Maximum interest rates on loans made by individuals are controlled by statute. To charge more than that rate is usury, the penalty for which may be the inability of a creditor to collect through the courts. The interest rates demanded by lending institutions are not so restricted. Simple interest is the annual rate charged for a loan, and compound interest includes interest upon interest during the year. B) Any and all, partial or total right to property or for the use of property, including an easement to pass over a neighboring parcel of land, a possibility of acquiring title upon the happening of some event, or outright title. While most often referring to real property, one may have an interest in a business, a bank account or any article. C) One's involvement in business, activities or with an individual which is sufficient to create doubt about a witness being objective-damaging his/her credibility.
A temporary order of the Court pending a hearing, trial, a final order or while awaiting an act by one of the parties.
The act of writing between the lines of a document, usually to add something that was omitted or thought of later. The issue is whether both parties to a document had agreed upon the addition or whether the new words were part of the document (like a will) when it was signed. Good practice is either to have all parties initial the change at the point of the writing or have the document re-typed and then signed.
Provisional and not intended to be final. This usually refers to Court orders which are temporary.
A Court judgment which is temporary and not intended to be final until either a) other matters come before the judge, or b) there is a specified passage of time to determine if the interlocutory decree (judgment) is "working" (becomes accepted by both parties) and should become final.
Treaties between countries; multi-lateral agreements; some commissions covering particular subjects, such as whaling or copyrights; procedures and precedents of the International Court of Justice which only has jurisdiction when countries agree to appear; the United Nations Charter; and custom.
The procedure when two parties are involved in a lawsuit over the right to collect a debt from a third party, who admits the money is owed but does not know which person to pay. The debtor deposits the funds with the Court, asks the Court to dismiss him/her/it from the lawsuit and lets the claimants fight over it in Court.
Questioning of a suspect or witness by law enforcement authorities. Once a person being questioned is arrested, he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process.
A set of written questions to a party to a lawsuit asked by the opposing party as part of the pre-trial discovery process. These questions must be answered in writing under oath or under penalty of perjury within a specified time. Normal practice is for the lawyers to prepare the questions and for the answering party to have help from his/her/its attorney in understanding the meaning (sometimes hidden) of the questions and to avoid wording in his/her answers which could be interpreted against the party answering. Objections as to relevancy or clarity may be raised either at the time the interrogatories are answered or when they are used in trial.
Commercial trade, business, movement of goods or money, or transportation from one state to another, which is regulated by the government.
To obtain the Court's permission to enter into a lawsuit which has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit. Such intervention will be allowed only if the party wanting to enter into the case has some right or interest in the suit and will not unduly prejudice the ability of the original parties to the lawsuit to conduct their case.
An event which occurs between the original improper or dangerous action and the damage itself. Thus, the "causal connection" between the wrong and damages is broken by the intervening cause. This is a "but for" situation, in which the intervention becomes the real reason harm resulted. The result is that the person who started the chain of events is no longer responsible and will not be found liable for damages to the injured person.
The procedure under which a third party may join an on-going lawsuit, providing the facts and the law issues apply to the intervener as much as to one of the existing contestants. The determination to allow intervention is made by a judge after a petition to intervene and a hearing on the issue. Intervention must take place fairly early in the lawsuit, shortly after a complaint and answer have been filed and not just before trial since that could prejudice one or both parties who have prepared for trial on the basis of the original litigants. Intervention is not to be confused with joinder, which involves requiring all parties who have similar claims to join in the same lawsuit to prevent needless repetitious trials based on the same facts and legal questions, called multiplicity of actions.
The situation when one person died without making a valid Will. In such a case if the dead party has property it will be distributed according to statutes, primarily by the law of descent and distribution and others dealing with marital property and community property. In probate the administration of the estate of a person without a will is handled by an administrator (usually a close relative, the spouse, a close associate) or a public administrator if there is no one willing to act, since there is no executor named in a will.
A situation where a person dies without leaving a valid will. This usually is voiced as he died intestate.
The distribution of assets when a person dies without leaving a valid will and the spouse and heirs will take (receive the possessions) by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse.
A) The condition of being drunk as the result of drinking alcoholic beverages and/or use of narcotics. B) As it applies to drunk driving, the standard of intoxication between .08 and .10 alcohol in the bloodstream, or a combination of alcohol and narcotics which would produce the same effect even though the amount of alcohol is below the minimum. C) As it applies to public drunkenness the standard is subjective, meaning the person must be unable to care for himself, be dangerous to himself or others, be causing a disturbance or refuse to leave or move along when requested. D) A defense in a criminal case in which the claim is made by the defendant that he/she was too intoxicated to form an intent to commit the crime or to know what he/she was doing, where the amount of intoxication is subjective but higher than for drunk driving. There is also the question if the intoxication was an intentional aforethought to the crime. Unintentional intoxication can show lack of capacity to form an intent and thus reduce the possible level of conviction and punishment, as from voluntary (intentional) manslaughter down to involuntary (unintentional but through a wrongful act) manslaughter. However, in vehicular manslaughter, the intoxication is an element in the crime, whether getting drunk was intentional or not, since criminal intent was not a factor.
An intentionally false representation (lie) which is part of the fraud and can be considered in determining general and punitive damages. This is different from extrinsic fraud (collateral fraud) which was a deceptive means to keeping one from enforcing his/her legal rights.
Result in. Commonly used in legal terminology in the phrase: "to inure to the benefit of John".
Invasion of privacy
The intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. However, public personages are not protected in most situations, since they have placed themselves already within the public eye, and their activities are considered newsworthy, i.e. of legitimate public interest. However, an otherwise non-public individual has a right to privacy from: a) public disclosure of embarrassing private information; b) intrusion on one's solitude or into one's private affairs; c) appropriation of one's name or picture for personal or commercial advantage. d) publicity which puts him/her in a false light to the public.
The taking of property by a government agency which so greatly damages the use of a parcel of real property that it is the equivalent of condemnation of the entire property. Thus the owner claims he/she is entitled to payment for the loss of the property (in whole or in part) under the constitutional right to compensation for condemnation of property under the government's eminent domain right.
To put money into a business or buy property or securities for the purpose of eventually obtaining a profit.
The money when put into use for profit, or the property or business interest purchased for profit is called investment.
A person who comes onto another's property, premises or business establishment upon invitation is called invitee. The invitation may be direct and express or "implied." It may be legally important, because an invitee is entitled to assume safe conditions on the property or premises, so the owner or proprietor might be liable for any injury suffered by the invitee while on the property due to an unsafe condition which is not obvious to the invitee (a latent defect) and not due to the invitee's own negligence. An invitee is distinguished from a trespasser who cuts across the owner's vacant lot, or a burglar who falls through a faulty skylight.
Without any intention, will or choice. Participation in a crime is involuntary if forced by immediate threat to life or health of oneself or one's loved ones and will result in dismissal or acquittal.
(ip-sah dicks-it) In Latin for "he himself said it," thereby meaning the only proof we have of the fact is that this person said it.
(ip-soh fact-toe)prep. It means "by the fact itself". An example: "a blind person, ipso facto, is not entitled to a driver's license".
The usual basis for granting a divorce. If one party says the marriage is irretrievable and refuses to reconcile then such differences are proved to exist.
The fact which is not important, pertinent, or germane to the matter at hand or to any issue before the Court. This is the most common objection raised by attorneys to questions asked or to answers given during testimony in a trial. The objection is made as soon as an alert attorney believes the opposition is going into matters which are not concerned with the facts or outside the issues of the lawsuit. It is often stated in the trio: "Irrelevant, immaterial and incompetent" to cover the bases. The judge must then rule on the relevancy of the question. If the question has been answered before the lawyer could say "objection," the judge may order that answer stricken from the record. Blotting it from a jury's memory or conscience, though, is impossible.
Irreparable damage or injury
Harm which cannot be cured by any monetary compensation they were, such as cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, or a host of other actions or omissions. The phrase must be used to claim that a judge should order an injunction, writ, temporary restraining order or other judicial assistance, generally known as equitable relief. Such relief is a Court order of positive action, such as prohibiting pollution or requiring the shoring up of a defective wall.
A) To send out, promulgate, publish or make the original distribution, such as a corporation selling and distributing shares of stock to its initial investors. B) The shares of stock or bonds of a corporation which have been sold and distributed. C) A person's children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only the direct bloodline. Occasionally, there is a problem in determining whether a writer of a will or deed meant issue to include descendants beyond his or her immediate children. While a child or children are alive, issue refers only to them, but if they are deceased then it will apply to the next living generation unless there is language in the document which shows it specifically does not apply to them. D) Any matter of dispute in a legal controversy or lawsuit, very commonly used in such phrases as "the legal issues are," "the factual issues are."