the meaning. -In a negative sense, interpolation
can refer to putting extraneous or false words into a
document to change its meaning. Cf. INTERLINEATION.
2. (often pl.) Roman law. An editorial change made by
one of the compilers of the Digests and the Justinian
Code. -The compilers made insertions, deletions, and
juxtapositions in the texts, but made few real changes
to the substantive law. -interpolate, vb. interpola
tive, adj. interpolator, n.
interposition, n. (14c) 1. The act of submitting some
thing (such as a pleading or motion) as a defense to an
opponent's claim. 2. Archaic. The action ofa state, while
exercising its sovereignty, in rejecting a federal mandate that it believes is unconstitutional or overreaching.
The Supreme Court has declared that interposition is
an illegal defiance ofconstitutional authority. inter
pose, vb.
interpretatio (in-tar-pri-tay-shee-oh), n. [Latin] Roman
law. An opinion ofa Roman jurist (an interpreter of
the law, not an advocate) who did not usu. appear in
court. -Such an opinion was not originally binding,
but by the Law of Citations (A.D. 426), the opinions of
five jurists acquired binding force. See CITATIONS, LAW
OF. PI. interpretationes (in-tdr-pri-tay-shee-oh-neez).
interpretatio limitata. See restrictive interpretation
under INTERPRETATION.
interpretation, n. (14c) 1. The process of determining
what something, esp. the law or a legal document,
means; the ascertainment of meaning to be given to
words or other manifestations of intention. [Cases:
Contracts
"Interpretation, as applied to written law, is the art or
process of discovering and expounding the intended sig
nification ofthe language used, that is, the meaning which
the authors of the law designed it to convey to others."
Henry Campbell Black, Handbook on the Construction and
Interpretation of the Laws 1 (1896).
"There is more to interpretation in general than the discov
ery of the meaning attached by the author to his words.
Even if, in a particular case, that meaning is discoverable
with a high degree of certitude from external sources,
the question whether it has been adequately expressed
remains." Rupert Cross, Statutory Interpretation 149
(1976).
administrative interpretation. An interpretation given
to a law or regulation by an administrative agency.
[Cases: Administrative Law and Procedure C:::;>413;
Statutes
authentic interpretation. (1967) An interpretation
arrived at by asking the drafter or drafting body what
the intended meaning was.
'The procedure of referring the doubtful statute to its
author has acquired a name in the literature of jurispru
dence. It is called 'authentic interpretation.' ... [Although]
this device has been tried in ... recent times in certain
European countries, ... [it] has always failed, and no
thoughtful adviser would recommend it to any government
today." Lon L. Fuller, Anatomy of the Law 29-30 (1968).
comparative interpretation. (1933) A method of statu
tory construction by which parts of the statute are
compared to each other, and the statute as a whole is
compared to other documents from the same source
on a similar subject.
customary interpretation. (1902) Interpretation
based on earlier rulings on the same subject. [Cases:
Customs and Usages C=;'j 15.]
extensive interpretation. (17c) A liberal interpretation
that applies a statutory provision to a case not falling
within its literal words.
grammatical interpretation. (1830) Interpretation that
is based exclusively on the words themselves. lCases:
Statutes

895
liberal interpretation. (18c) Interpretation accord
ing to what the reader believes the author reasonably
intended, even if, through inadvertence, the author
failed to think ofit. Also termed mixed interpreta
tion. [Cases: Statutes <8=:235.]
limited interpretation. See restrictive interpretation.
logical interpretation. (1870) Interpretation that
departs from the literal words on the ground that
there may be other, more satisfactory evidence ofthe
author's true intention. -Also termed rational inter
pretation.
mixed interpretation. See liberal interpretation.
practical interpretation. See contemporaneous con
struction under CONSTRUCTION.
rational interpretation. See logical interpretation.
restrictive interpretation. (17c) An interpretation that
is bound by a principle or principles existing outside
the interpreted text. Also termed restricted inter
pretation; limited interpretation; interpretatio limitata.
Cf. unrestrictive interpretation.
statutory interpretation. See STATUTORY CONSTRUC
TION.
strict interpretation. (16c) Interpretation according to
what the reader believes the author must have been
thinking at the time of the writing, and no more.
Typically, this type of reading gives a text a narrow
meaning. [Cases: Statutes C= 174.]
unrestrictive interpretation. (1968) Interpretation in
good faith, without reference to any specific principle.
Cf. restrictive interpretation.
2. The understanding one has about the meaning of
something. [Cases: Statutes C=, l74-278.J 3. A transla
tion, esp. oral, from one language to another. 4. CHAR
ACTERIZATION (1). See CONSTRUCTION (2). -interpret,
vb. interpretative, interpretive, adj.
interpretation clause. (1827) A legislative or contractual
provision giving the meaning offrequently used words
or explaining how the document as a whole is to be
construed. [Cases: Statutes C=179.]
interpretatio viperina (in-t~r-pri-tay-shee-oh VI-Pd
n-na). [Law Latin "a viper's interpretation"] Hist. A dis
approved method ofconstruction, by which ambiguous
documents are interpreted in a way that destroys their
effectiveness.
interpretative rule. Administrative law. 1. The require
ment that an administrative agency explain the statutes
under which it operates. 2. An administrative rule
explaining an agency's interpretation of a statute.
Also termed interpretive rule. Cf. LEGISLATIVE RULE.
[Cases: Administrative Law and Procedure
382.1.]
interpreted testimony. See TESTIMONY.
interpreter. (l4c) A person who translates, esp. orally,
from one language to another; esp., a person who is
sworn at a trial to accurately translate the testimony of
a witness who is deafor who speaks a foreign language. interrogation
[Cases: Criminal Law Trial Witnesses
<8=:230.]
interpretive rule. See INTERPRETATIVE RULE.
interpretivism. (1978) A doctrine of constitutional
interpretation holding that judges must follow norms
or values expressly stated or implied in the language
of the Constitution. Cf. NONINTERPRETIVISM; ORIGI
NALISM.
"A long-standing dispute in constitutional theory has gone
under different names at different times, but today's ter
minology seems as helpful as any. Today we are likely to
call the contending sides 'interpretivism' and 'noninter
pretivism' -the former indicating that judges deciding
constitutional issues should confine themselves to enforc
ing norms that are stated or clearly impliCit in the written
Constitution, the latter the contrary view that courts should
go beyond that set of references and enforce norms that
cannot be discovered within the four corners of the instru
ment." John Hart Ely, Democracy and Distrust 1 (1980).
inter quattuor parietes (in-tdr kwah-too-<>r p<>-rI-<>
teez), adv. & adj. [Law Latin] Within the four walls.
interracial adoption. See transracial adoption under
ADOPTION.
interracial marriage. See MISCEGENATION.
inter regalia (in-tdr ri-gay-lee-<, adj. [Latin] Included in
the royal powers or prerogatives; among other things
belonging to the sovereign. -Also termed in patrimo
nio principis. See REGALIA.
interregnum (in-t<>-reg-ndm). (l6c) 1. An interval
between reigns; the time when a throne is vacant
between the reign of a sovereign and the accession of
a successor. 2. Archaic. Authority exercised during a
temporary vacancy of the throne or a suspension of
the regular government. 3. A break or pause in a con
tinuous event.
interrogatee (in-ter-<>-g;t-tee). A person who is interro
gated. -Also termed interrogee (in-ter-d-gee).
interrogation, n. (ISc) The formal or systematic ques
tioning of a person; esp., intensive questioning by the
police, usu. of a person arrested for or suspected of
committing a crime. _ The Supreme Court has held
that, for purposes ofthe Fifth Amendment right against
self-incrimination, interrogation includes 110t only
express questioning but also words or actions that the
police should know are reasonably likely to elicit an
incriminating response. Rhode Island v. Innis, 446 U.S.
291, 100 S.Ct. 1082 (1980). [Cases: Criminal Law
412.1(4).J interrogate, vb. -interrogative, adj.
custodial interrogation. (1966) Police questioning of
a detained person about the crime that he or she is
suspected ofhaving committed. -Miranda warnings
must be given before a custodial interrogation. [Cases:
Criminal Law~412.1(4).]
investigatory interrogation. (1962) Routine, nonac
cusatory questioning by the police of a person who
is not in custody.
noncustodial interrogation. (1966) Police questioning
ofa suspect who has not been detained and can leave
at wilL -Miranda warnings are usu. not given before

896 interrogative question
a noncustodial interrogation. [Cases: Criminal Law
('::::412.1(4).]
interrogative question. Civil law. In a criminal trial,
a question asked of a witness to elicit inadmissible
evidence relating to the crime at issue in the case. Cf.
ASSERTIVE QUESTION.
interrogator (in-ter-<l-gay-t<lr). (18c) One who poses
questions to another.
interrogatory (in-t<l-rog-<l-tor-ee), n. (16c) A written
question (usu. in a set of questions) submitted to an
opposing party in a lawsuit as part of discovery. See
Fed. R. Civ. P. 33. [Cases: Federal Civil Procedure (;:::::
1471-1542; Pretrial Procedure
contention interrogatory. An interrogatory designed to
discover the factual basis ofthe allegations in a com
plaint, answer, or counterclaim, or to determine the
theory of the opposing party's case. [Cases: Federal
Civil Procedure 0=' 1506; Pretrial Procedure
276.]
cross-interrogatory. (17c) An interrogatory from a
party who has received a set of interrogatories. [Cases:
Pretrial Procedure (;:::::-241, 246.]
fact interrogatory. See identification interrogatory.
identijication interrogatory. A request for the respond
ing party to identify relevant documents, tangible
objects, or individuals who have knowledge of facts
relating to the lawsuit. Also termed Jact interroga
tory; state-all-facts interrogatory.
special interrogatory. (18c) A written jury question
whose answer is required to supplement a general
verdict. -This term is not properly used in federal
practice, which authorizes interrogatories and special
verdicts, but not special interrogatories. Fed. R. Civ. P.
49. The term is properly used, however, in the courts
of some states. -Also termed special issue. [Cases:
Federal Civil Procedure C=)2211-2220; Trial C-~
346-366.]
state-all-facts interrogatory. See identification inter
rogatory.
interrogee. See INTERROGATEE.
in terrorem (in te-ror-am), adv. & adj. [Latin "in order
to frighten"] (17c) By way of threat; as a warning <the
demand letter was sent in terrorem; the client has no
intention ofactually suing>.
in terrorem clause. See NO-CONTEST CLAUSE.
in terrorem populi (in te-ror-am pop-ya-h), adv. [Latin]
Hist. To the terror of the people. _ This phrase was nec
essary in an indictment for riot.
interruptio (in-tar-rap-shee-oh). [Latin] Interruption.
-This word refers to a break in the possession ofland
that ends a prescriptive claim.
interrnption. (l5c) A break in the period of possession
ofland, pOSSibly ending a claim to ownership by pre
scriptive right
legal interruption. Louisiana law. A break in the
running of prescription that occurs when the property's possessor acknowledges another person's
ownership rights, or the owner (or obligor) sues
the possessor (or obligor). La. Civ. Code arts. 3462,
3464. Also termed legal interruption ojprescrip
tion. [Cases: Adverse Possession (;:::::-46; Easements
7(6).]
natural interruption. Louisiana law. A break of more
than one year in a possessor's period of possession
after a rightful owner or a third person seizes the
real property. La. Civ. Code art. 3465. Also termed
natural interruption ojprescription. [Cases; Adverse
Possession 0='46; Easements (>::::>7(5), 7(6).]
inter rusticos (in-t<lr ras-ti-kohs), adv. [Latin] Among
the unlearned.
inter se (in-tar see or say). [Latin "between or among
themselves"]


the unlearned.
inter se (in-tar see or say). [Latin "between or among
themselves"] (1845) (Of a right or duty) owed between
the parties rather than to others. Also termed inter
sese (in-tar see-see).
"[TJhe law of nations is, or at least includes, a branch of
natural law, namely, the rules of natural justice as applica
ble to the relations of states inter se." John Salmond, Juris'
prudence 32 (GlanVille L. Williams ed., 10th ed. 1947).
intersection. (16c) A place where two roads meet or form
a junction.
inter se doctrine. Int'llaw. The now-defunct doctrine
that relations between members of the British Com
monwealth were in no circumstances international
and were incapable of giving rights and duties under
international law.
inter sese. See INTER SE.
interspollsal, adj. (1906) Between husband and wife.
interspousal immunity. See husband-wife immunity
under IMMUNITY (2).
interspousal tort immunity. See husband-wife immunity
under IMMUNITY (2).
interstate, adj. (1844) Between two or more states or resi
dents ofdifferent states.
interstate adoption. See ADOPTION.
interstate agreement. (1876) An agreement between
states. Cf. interstate compact under COMPACT. [Cases:
States
Interstate Agreement on Detainers Act. A law, origi
nally enacted in 1956, that allows the federal govern
ment, certain states, and the District of Columbia to
temporarily obtain custody ofa prisoner for trial even
though the prisoner is already incarcerated elsewhere.
-Under the Act, ifa prisoner makes a written request
for a disposition of the untried charges in the second
forum, the government obtaining custody must try the
prisoner within 180 days of the request. 18 USCA App.
arts. 1-9. See UNIFORM MANDATORY DISPOSITION OF
DETAINERS ACT.
interstate commerce. See COMMERCE.
Interstate Commerce Commission. The now-defunct
federal agency established by the Interstate Commerce
Act in 1887 to regulate surface transportation between

897 inter virum et uxorem
states by certifying carriers and pipelines and by moni
toring quality and pricing . In December 1995, when
Congress eliminated this agency, the Surface Trans
portation Board (STB) - a three-member board that
is a division of the Department of Transportation
assumed most ofthe agency's duties. Abbr. ICC. See
SURFACE TRANSPORTATION BOARD. [Cases: Commerce
C=>83.]
interstate compact. See COMPACT.
Interstate Compact on the Placement ofChildren. An
agreement whose purpose is to ensure that when states
are involved in the placement or adoption of children
across state lines, the states cooperate with each other
to facilitate the process and to protect the children .
This compact is intended to secure states' cooperation
in investigating the suitability of proposed adoptive
homes in an interstate adoption and also to alleviate
contlicts that often occur when the agencies and courts
of more than one state are involved. The compact has
been enacted in almost identical form in all SO states
as well as in the District of Columbia and the Virgin
Islands. Abbr. ICPC. Often shortened to Interstate
Compact. [Cases: Infants
interstate extradition. See EXTRADITION.
interstate income-withholding order. (1994) A court
order entered to enforce a support order of a court of
another state by withholding income ofthe defaulting
person. [Cases: Child Support C=>442, 508(1).]
interstate law. (1866) 1. INTERNATIONAL LAW. 2. The
rules and principles used to determine controversies
between residents of different states.
interstate rendition. See RENDITION (2).
interstate trade. See interstate commerce under
COMMERCE.
intersubjective zap. In critical legal studies, a so-called
spontaneous moment of shared intuition. -Also
termed zap.
intertwining doctrine. The principle that if arbitrable
and nonarbitrable claims arise from a single transac
tion and the claims are factually and legally mingled,
a court can refuse to compel arbitration of any claims.
 This doctrine is oflimited effect because the Federal
Arbitration Act usu. preempts it. [Cases: Alternative
Dispute Resolution C=>155.]
intervener. See INTERVENOR.
intervening act. See intervening cause under CAUSE (1).
intervening agency. See intervening cause under CAUSE
(1).
intervening cause. See CAUSE (1).
intervening damages. See DAMAGES.
intervening force. 1. See FORCE. 2. See intervening cause
under CAUSE (1).
intervening rights. Patents. An infringement defense
based on the right of a person who practiced a patent's
broadened claims to continue practicing an invention,
even though the invention's patent was reissued because of inadvertent claim errors in the original patent. 35
USCA  252, second paragraph. -Also termed doctrine
ofintervening rights. [Cases: Patents C=> 138(2).]
intervenor. (17c) One who voluntarily enters a pending
lawsuit because ofa personal stake in it. -Also spelled
intervener. [Cases: Federal Civil Procedure C=>311;
Parties C=>37.]
intervention, n. (1860) 1. The entry into a lawsuit by a
third party who, despite not being named a party to
the action, has a personal stake in the outcome. See
Fed. R. Civ. P. 24. The intervenor sometimes joins the
plaintiff in claiming what is sought, sometimes joins
the defendant in resisting what is sought, and some
times takes a position adverse to both the plaintiff and
the defendant. Cf. IMPLEADER; INTERPLEADER. [Cases:
Federal Civil Procedure C:=>311; Parties C=>37.] 2. The
legal procedure by which such a third party is allowed
to become a party to the litigation. -Formerly also
termed (in senses 1 & 2) trial of right ofproperty. 3.
Int'llaw. One nation's interference by force, or threat
offorce, in another nation's internal affairs or in ques
tions arising between other nations. -intervene,
vb. -interventionary, adj.
"Intervention mayor may not involve the use of force. It is
frequently possible for a powerful state to impair the politi
cal independence of another weaker state without actually
utilizing its armed forces. This result may be accomplished
by lending open approval, as by the relaxation of an arms
embargo, to a revolutionary group headed by individuals
ready to accept the political or economic dominance of the
intervening state. It may be accomplished by the withhold
ing of recognition of a new government, combined with
various forms of economic and financial pressure until the
will of the stronger state prevails through the resignation
or overthrow of the government disapproved." Philip C.
Jessup, A Modern Law of Nations 172-73 (1949).
humanitarian intervention. An intervention by the
international community to curb abuses of human
rights within a country, even if the intervention
infringes the country's sovereignty.
intervention duty. Maritime law. A shipowner's obli
gation to remedy hazardous working conditions for
longshore workers, even though the shipowner did not
create the condition, when the shipowner knows of a
nonobvious condition arising in an area that cannot
be avoided by the longshore workers in performing
their duties. Cf. ACTlVE-OPERATIONS DUTY; TURNOVER
DUTY. [Cases: Shipping C=>84(3).]
intervertere possessionem (in-tdr-v<lr-tdr-ee pd-zes[h]
ee-oh-nam). [Latin] Scots law. To intercept possession;
to alter the possession. Ifa bailee received an item
under a bailment and then stole the item, the bailee
changed the nature ofthe possession.
interview-summary form. Patents. A US. Patent and
Trademark Office form for noting in the record the
contents of a conversation, by phone or in person,
between a patent examiner and an applicant.
inter virum et uxorem (in-tdr VI-rdm et dk-sor-dm), adv.
& adj. [Latin] Between husband and wife.

898 inter vivos
inter vivos (in-t<lr vI-vohs or vee-vohs), adj. [Latin
"between the living"] (1S37) Ofor relating to 'property
conveyed not by will or in contemplation of an
imminent death, but during the conveyor's lifetime.
inter vivos, adv.
inter vivos gift. See GIFT.
inter vivos transfer. See TRANSFER.
inter vivos trust. See TRUST.
intestabilis (in-tes-tay-bd-lis), adj. [Latin] Ilist. Disquali
fied from being a witness.
intestable, adj. 1. Not capable ofbeing tested <an intes
table DNA sample>. 2. Legally incapable of making a
will or of benefitting under a will <an insane person
is intestable in all states> <the slaying-statute makes
killers intestable in relation to their victims>. 3. Dis
qualified from giving evidence, esp. testifying <the
witness is intestable because ofextreme youth>.
intestacy (in-tes-td-see). (ISc) The state or condition
of a person's having died without a valid wilL Cf.
TESTACY.
intestate (in-tes-tayt), adj. (I4c) 1. Of or relating to a
person who has died without a valid will <having
revoked her will without making a new one, she was
intestate when she died>. 2. Of or relating to the
property owned by a person who died without a valid
will <an intestate estate>. [Cases: Descent and Distri
bution (;~19.)3. Ofor relating to intestacy <a spouse's
intestate share>. Cf. TESTATE. 4. Archaic. (Of a person)
not qualified to testify <the witness could not testify
after being found intestate>.
intestate, n. (I7c) One who has died without a valid will.
Cf. TESTATOR.
partial intestate. One who has died with a valid will
that does not dispose of all of his or her net probate
estate.
intestate law. (ISc) Ihe relevant statute governing suc
cession to estates ofthose who die without a valid will.
[Cases: Descent and Distribution
intestate share. See SHARE.
intestate succession. See SUCCESSION (2).
intestato (in-tes-tay-toh), adv. [Latin] Roman law. (Of a
succession) without a wilL
intestatus (in-tes-tay-tds), n. & adj. [Latin] Roman law.
An intestate; a person who dies without a will.  This
term had the same meaning in early English law.
in testimonium (in tes-t<l-moh-nee-dm), adv. & adj.
[Latin] In witness; in evidence ofwhich . This phrase
sometimes opens attestation clauses.
in the course ofemployment. (1911) Workers' compensa
tion. (Of an accident) having happened to an on-the
job employee within the scope ofemployment. [Cases:
Workers' Compensation (:::=>614.]
in thesi (in thee-SIlo [Latin) Hist. In the particular case,
which has occurred. Cf. IN HYPOTHESI.
in the year of Our Lord. See ANNO DOMINI. intimate association, freedom of. See FREEDOM OF
ASSOCIATION.
intimation. Scots law. Notice ofa legal obligation coupled
with a warning of the penalties for failure to comply.
intimidation, n. (l7c) Unlawful coercion; extortion.
 In England, intimidation was established as a tort
in the ]964 case of Rookes v. Barnard, 1964 App. Cas.
1129 (P.e. ]964) (appeal taken from B.e.). [Cases: Torts
<::=436.] -intimidate, vb. -intimidatory, adj.
intimidator, n.
"The wrong of intimidation includes all those cases in which
harm is inflicted by the use of unlawful threats whereby the
lawful liberty of others to do as they please is interfered
with. This wrong is of two distinct kinds, for the liberty of
action so interfered with may be either that of the plaintiff
himself, or that of other persons with resulting damage to
the plaintiff." R.F.V. Heuston, Salmond on the Law ofTorts
364 (17th ed. 1977).
inUtle, vb. Archaic. See ENTITLE.
in toto (in toh-toh), ad. [Latin "in whole"] (ISc) Com
pletely; as a whole <the company rejected the offer in
toto>.
intoxicant, n. (1S63) A substance (esp. liquor) that
deprives a person of the ordinary use ofthe senses or
of reason.
intoxication, n. (ISc) A diminished ability to act with
full mental and physical capabilities because ofalcohol
or drug consumption; drunkenness. See Model Penal
Code  2.0S.[Cases: Criminal Law~~S2-57; Homicide
(:::=>821-824; Negligence 535(14).] intoxi
cate, vb.
culpable intoxication. See voluntary intoxication.
involuntary intoxication. (1870) The ingestion of
alcohol or drugs against one's will or without one's
knowledge . Involuntary intoxication is an affir
mative defense to a criminal or negligence charge.
[Cases: Criminal Law Homicide
pathological intoxication. (1947) An extremely exag
gerated response to an intoxicant . This may be
treated as involuntary intoxication if it is unforesee
able.
public intoxication


ant . This may be
treated as involuntary intoxication if it is unforesee
able.
public intoxication. (1SS5) The condition of a person
who is under the influence ofdrugs or alcohol in a
place open to the general public . In most American
jurisdictions, public intoxication is considered a mis
demeanor. In some states, alcoholism is a defense if
the offender agrees to attend a treatment program.
[Cases: Chemical Dependents
self-induced intoxication. See voluntary intoxication.
voluntary intoxication. (ISc) A willing ingestion of
alcohol or drugs to the point of impairment done
with the knowledge that one's physical and mental
capabilities would be impaired . Voluntary intoxi
cation is not a defense to a general-intent crime, but
may be admitted to refute the existence ofa particu
lar state of mind for a specifiC-intent crime. -Also
termed culpable intoxication; self-induced intoxica

899 intromission
tion. [Cases: Criminal LawC--:>53-55; Homicide
821,822.]
intoxication assault. See ASSAULT.
intoxication manslaughter. See MANSLAUGHTER.
intoxilyzer (in-tok-si-lr-zdr). See BREATHALYZER.
intoximeter (in-tok-sim-d-tdr). See BREATHALYZER.
intra (in-trd), adv. & adj. [Latin) Within. Cf. INFRA.
"The use of infra (below) in the sense and place of intra
(within) is a corruption of very ancient date.... The
expression 'under age' (the correct literal translation of
infra aetatem) indeed, is of more common occurrence than
'within age.' But the use of infra in the sense of intra, as
expressive of place, is an undoubted barbarism." 2 Alex
ander M. Burrill. A Law Dictionarv and Glossarv 75 (2d
ed. 1867).
intra anni spatium (in-trd an-I spay-shee-dm), adv. &
adj. [Latin] Within the space of a year.
intracorporate conspiracy. See CONSPIRACY.
intraday (in-trd-day), adj. Occurring within a single
day.
intra-enterprise conspiracy. See CONSPIRACY.
intra familiam (in-trd fd-mil-ee-;)m). [Latin] Hist.
Within the family. The phrase appeared in refer
ence to the status of a child before being liberated
from the father's tutelage (forisfamiliation). Cf. EXTRA
FAMILIAM.
intrafidem (in-trd fr-d;)m), adj. [Latin) Within belief;
credible.
intra fines commissi (in-tr;) fI-neez b-mis-I). [Law
Latin) Hist. Within the limits ofthe trust.  The phrase
appeared in reference to an agent's actions committed
within the limits of the agency.
intragovernmentaJ, adj. Within a government; between
a single government's departments or officials.
intra legem. See EQUITY INTRA LEGEM.
intraliminal right (in-trd-lim-d-nill). Mining law. The
privilege to mine ore in areas within the boundaries of
a mineral claim . In contrast to an extralateral right,
an intraliminal right does not give the holder the right
to mine a vein of are outside the lease even if the vein
lies mostly within the lease. Cf. APEX RULE.
intra luctus tempus (in-trd l~k-tils tern-pas), adv. & adj.
[Latin] Within the time of mourning.
intra maenia (in-tril mee-nee-il), adv. & adj. [Latin] Hist.
Within the walls (of a house) . This term was used
most commonly in reference to domestic servants.
intransitive covenant. See COVENANT (1).
in transitu (in tran-si-t[y]oo or tranz-i-t[y]oo). [Latin
"in transit; on the journey") Archaic. Being conveyed
from one place to another.
intra parietes (in-trd Pil-rI-il-teez), adv. [Latin] Within
one's own walls (i.e., in private). This phrase was
formerly used most commonly in reference to matters
settled out of court. intra paternam familiam (in-tr;) p;)-tilr-nilm fd-mil
ee-ilm). [Law Latin] Hist. Within the father's family.
Cf. EXTRA PATERNAM FAMILIAM.
intra quattuor maria (in-t;)r kwah-too-ilr mar-ee-;),
adv. & adj. [Latin] Within the four seas.
intrastate commerce. See COMMERCE.
intra trajectum (in-tril trd-jek-t;)m), adv. & adj. [Latin]
In the passage over; on the voyage over. -Also spelled
in traiectu.
intra triduum (in-tr;) trij-[y]oo-ilm). [Latin] Hist. Within
three days.
intra vires (in-tfd vI-reez), adj. [Latin "within the powers
(of)"] (1877) Ofor referring to an action taken within a
corporation's or person's scope ofauthority <calling a
shareholders' meeting is an intra vires function of the
board of directors>. Cf. ULTRA VIRES. -intra vires,
adv.
intrinsec service (in-trin-zik or -sik). Hist. The feudal
services owed by a tenant to an immediate lord; the
services arising from an agreement between the tenant
and the lord. Also termed intrinsecum servitium
(in-trin-si-bm sdr-vish-ee-ilm).
intrinsic (in-trin-zik or -sik), adj. Belonging to a thing
by its very nature; not dependent on external circum
stances; inherent; essential.
intrinsic ambiguity. See patent ambiguity under AMBI
GUITY.
intrinsic evidence. See EVIDENCE.
intrinsic fraud. See FRAUD.
intrinsic test. Copyright. A subjective, fact-driven test
for infringement whereby the fact-trier gauges whether
a reasonable person would perceive substantial simi
larities between two expressions. Cf. EXTRINSIC TEST.
[Cases: Copyrights and Intellectual Property ~51.)
intrinsic value. See VALUE (2).
introduce into evidence. (18c) To have (a fact or object)
admitted into the trial record, allowing it to be con
sidered by the jury or the court in reaching a decision.
[Cases: Federal Civil Procedure ~2011; Trial
43.]
introducta (in-tril-d",k-til), n. [Latin] Roman law. Personal
property brought into a leased apartment by the tenant.
 The lessor held a tacit mortgage over introducta to
ensure payment of rent. Cf. INVECTA ET ILLATA.
introductory clause. The first paragraph of a contract,
which typically begins with words such as "This Agree
ment is made on [date] between [parties' names]."
Also termed commencement; exordium.
introductory recital. See RECITAL.
intromission (in-trd-mish-iln). (16c) 1. The transac
tions of an employee or agent with funds provided by
an employer or principal; loosely, dealing in the funds
ofanother. 2. Scots law. The act ofhandling or dealing
with the affairs or property ofanother; the posseSSion
ofanother's property, with or without legal authOrity.

intruder 900
legal intromission. Scots law. An authorized intromis
sion, such as a creditor's enforcement of a debt.
necessary intromission. Scots law. The intromission
occurring when a spouse continues in possession of
the deceased spouse's goods, for preservation.
vitious intromission (vish-Cls). Scots law. Unauthor
ized dealing with the property ofanother person, esp.
a deceased person. -Also spelled vicious intromis
sion.
'The effect of vitious intromission is to render the heir
who is guilty of it liable, under the passive title of vitious
intromission, for the debts of the ancestor universally
the severity of this passive title being intended to prevent
the carrying off of moveables, which are, from their nature,
so liable to embezzlement." William Bell, Bell's Dictionary
and Digest of the Law ofScotland 521 (George Watson ed.,
1882).
3. Penile penetration into the vagina. See PENETRA
TION (1).
intruder. (ISc) A person who enters, remains on, uses, or
touches land or chattels in another's possession without
the possessor's consent.
intrusion, n. (ISc) 1. A person's entering without per
mission. See TRESPASS. [Cases: Trespass C:=> 12.] 2. In
an action for invasion of privacy, a highly offensive
invasion of another person's seclusion or private life.
[Cases: Torts 0340.]- intrude, vb. intrusive,
adj.
intrust, vb. Archaic. See ENTRUST.
intuitu matrimonii (in-t[y]oo-;:J-t[y]oo ma-tr;:J-moh
nee-I). [Latin] Rist. In the prospect of marriage.
intuitu mortis (in-t[y]oo-Cl-t[y]oo mor-tis). [Latin] Rist.
In the prospect ofdeath.
intus habet (in-tCls hay-b;:Jt). [Law Latin] Rist. Has in
his own hands . The phrase appeared in reference to
the presumption that the pupil's money that is unac
counted for and held by the tutor is sufficient to offset
any claim that the tutor may have against the pupiL
in tuto (in t[y]oo-toh), [Law Latin] Rist. In safety.
inundate. (I6c) To overflow or overwhelm; esp., to flood
with water.
inure (in-yoor), vb, (I5c) 1. To take effect; to come into
use <the settlement proceeds must inure to the benefit
ofthe widow and children>. 2. To make accustomed to
something unpleasant; to habituate <abused children
become inured to violence>. Also spelled enure.
inurement, n.
inurement. A benefit; something that is useful or ben
eficial <a taxable inurement to the benefit of a private
person>.
private inurement. Tax. An inurement consisting in
the use by a private shareholder or an individual who
has an insider relationship with a tax-exempt orga
nization of the organization's earnings or assets for
personal gain other than reasonable and adequate
compensation . Such a benefit is prohibited. See IRC
(26 USCA)  50I(c)(3). inurit labem realem (in-yuur-it lay-bGm ree-ay-IGm).
[Law Latin] Scots law. Brands (a thing) with a real
defect. See LABES REALIS.
in utero (in yoo-tCl-roh). [Latin "in the uterus"] In the
womb; during gestation or before birth <child in
utero>.
in utroque jure (in yuu-troh-kwee joor-ee), adv, & adj.
[Latin] In both laws that is, civil law and canon
law.
invadiare (in-vay-dee-air-ee), vb. [Law Latin] Rist. To
pledge or mortgage land.
invadiatio (in-vay-dee-ay-shee-oh). [Law Latin] Rist. A
pledge or mortgage. Cf. VADIATIO.
invadiatus (in-vay-dee-ay-tGs). [Law Latin] Rist. A
person who is under a pledge.
invalid (in-val-id), adj. (17c) 1. Not legally binding <an
invalid contract>. 2. Without basis in fact <invalid alle
gations>.
invalid (in-vG-lid), n. (I8c) A person who, because of
serious illness or other disability, lacks the physical
or mental capability of managing his or her day-to
day life. [Cases: Guardian and Ward 09.5; Mental
Health C=;)3.]
invalid agreement. See invalid contract under
CONTRACT.
invalid contract. See CONTRACT.
invalid will. See WILL.
invasion. (I7c) 1. A hostile or forcible encroachment on
the rights ofanother.
intentional invasion. A hostile or forcible encroach
ment on another's interest in the use or enjoyment of
property, esp. real property, though not necessarily
inspired by malice or ill wilL
2. The incursion of an army for conquest or plunder.
3. Trusts. A withdrawal from principaL. In the third
sense, the term is used as a metaphor. [Cases: Trusts
(;::;)276.]- invade, vb.
invasion ofprivacy. (1862) An unjustified exploitation of
one's personality or intrusion into one's personal activi
ties, actionable under tort law and sometimes under
constitutional law. See RIGHT OF PRIVACY, [Cases: Torts
C:=>329-33L]
invasion ofprivacy by appropriation. The use of
another's name or likeness for one's own benefit,
esp. commercial gain . This misappropriation tort
protects one's property right to the economic benefits
flowing from the commercial use of one's face or
name. [Cases: Torts C:=>383-40S.]
invasion ofprivacy byfalse light. The use ofpublicity
to place another in a false light in the public eye .
The false light mayor may not be defamatory or fic
tional but the public use must be one that a reasonable
person would object to under the circumstances. See
FALSE LIGHT (1). [Cases: Torts 034


a reasonable
person would object to under the circumstances. See
FALSE LIGHT (1). [Cases: Torts 0340.]

901 inventory
invasion ofprivacy by intrusion. An offensive, inten
tional interference with a person's seclusion or private
affairs. [Cases: Torts 350.]
invasion ofprivacy by public disclosure ofprivate
facts. 1he public revelation of private information
about another in an objectionable manner . Even if
the information is true and nondefamatory, a cause
of action may arise.
invecta et illata (in-vek-ta et i-Iay-ta). [Latin "(things)
carried in and (things) brought in"] Roman law. Goods
brought onto a rural or urban leasehold by the lessee.
 The lessor held a tacit mortgage over the goods to
ensure payment of rent. Cf. INTRODUCTA.
inveigle (in-vay-gal), vb. (16c) To lure or entice through
deceit or insincerity <she blamed her friend for invei
gling her into making the investment>. inveigle
ment, n.
invent, vb. (15c) To create (something) for the first
time.
invented consideration. See CONSIDERATION (1).
inventio (in-ven-shee-oh), n. [Latin] Roman law. A
thing found; a finding . Beginning in the reign of
Hadrian, the finder of treasure either acquired title to
the property or shared it with the landowner on whose
land it was found. See TREASURE TROVE; THESAURI
I!'lVENTIO. PI. inventiones (in-ven-shee-oh-neez).
invention, n. (14c) Patents.!. A patentable device or
process created through independent effort and char
acterized by an extraordinary degree of skill or inge
nuity; a newly discovered art or operation . invention
embraces the concept of nonobviousness. [Cases:
Patents (~16(1).] 2. The act or process of creating
such a device or process. 3. Generally, anything that is
created or devised. -invent, vb.
'The truth is, the word cannot be defined in such manner
as to afford any substantial aid in determining whether
a particular device involves an exercise of the inventive
faculty or not. I n a given case we may be able to say that
there is present invention of a very high order. In another
we can see that there is lacking that impalpable something
that distinguishes invention from simple mechanical skill.
Courts, adopting fixed principles as a guide, have by a
process of exclusion determined that certain variations
in old devices do or do not involve invention; but whether
the variation relied upon in a particular case is anything
more than ordinary mechanical skill is a question which
cannot be answered by applying the test of any general
definition." McClain v. Ortmayer, 141 U.S. 419, 427,12 S.Ct.
76, 78 (1891).
"An 'invention' is any art, machine, manufacture, deSign,
or composition of matter, or any new and useful improve
ment thereof, or any variety of plant, which is or may be
patentable under the patent laws. 37 C.F.R.  501.3(d)." 60
Am. Jur. 2d Patents  894, at 601 n. 98 (1987).
abandoned invention. An invention that an inventor
has either deliberately stopped trying to exploit, or
has otherwise treated in a way that precludes claiming
the invention in a later patent . Under  102(c) of
the Patent Act, abandonment bars a patent on that
invention. But abandonment of an imperfect form of
an invention does not bar a patent on a later-perfected form. Unless publicly known, an abandoned inven
tion is not prior art to a later inventor. Under  102(g)
of the Patent Act, abandonment of the same inven
tion by a first inventor also prevents the first inventor
from blocking the second inventor's patent applica
tion in an interference. Cf. ABANDONED APPLICATION.
[Cases: Patents (;::J82.]
distinct invention. One part of an invention that can
be used on its own, and the absence ofwhich will not
prevent the remainder ofthe invention from working.
 When the subject matter of a patent application is
found to be multiple distinct inventions, the examiner
requires the inventor to restrict the application to a
single invention. See RESTRICTION (4). Cf. indepen
dent invention.
improvement invention. A nontrivial and nonobvi
ous betterment of an existing device or process.
The improvement may be patented, but the protection
applies only to the improvement, not to the invention
improved on.
independent invention. An invention that bears no
relation to another invention, esp. to another inven
tion covered in the same patent application . A single
patent may not cover multiple independent inven
tions; the applicant must elect one and drop any
others from the application. See RESTRICTION (4).
Cf. distinct invention.
new-use invention. Discovery of a new use for an
existing invention . As long as the new use is non
obvious and actually useful-it may be patented.
35 USCA  101-03.
small invention. See UTILITY MODEL.
software-based invention. A device or machine that
uses innovative software to achieve results . A
software-based invention, process, or method may
qualify for a patent, but the physical components and
the underlying software are usu. not separately pat
entable.
inventively new. Patents. Original in any way . The
phrase is sometimes used to distinguish "new" in the
usual sense from the term ofart in patent law.
inventive step. Patents. In an invention, some advance
ment that is not obvious to a person reasonably skilled
in the art.  The European Patent Convention requires
an inventive step to qualify for a patent. The term is
roughly equivalent to nonobviousness in American
patent practice.
inventory, n. (ISc) 1. A detailed list of assets; esp., an
executor's or administrator's detailed list of the pro
bate-estate assets <make an inventory ofthe estate> .
The term also sometimes denotes a divorcing spouse's
detailed list ofall his or her marital and separate assets
and liabilities. Also termed inventory and appraise
ment. See PROBATE ESTATE; ACCOUNTING. [Cases: Exec
utors and Administrators (;::J62-73.] 2. Accounting.
The portion of a financial statement reflecting the value
of a business's raw materials, works-in-progress, and
finished products <the company's reported inventory

inventory fee 902
was suspiciously low>. 3. Raw materials or goods in
stock <the dealership held a sale to clear out its October
inventory>. 4. Bankruptcy. Personal property leased
or furnished, held for sale or lease, or to be furnished
under a contract for service; raw materials, work in
process, or materials used or consumed in a business,
including farm products such as crops or livestock <the
debtor was found to have inventory that was valued at
$300,000>. -inventory, vb.
"Section 547 itself defines 'inventory' and 'receivable.'
Do not use the U.CC definitions of these terms, or the
definitions of them learned in business law classes. It is
especially important to note that, for purposes of section
547, 'inventory' includes 'farm products such as crops or
livestock ...." David G. Epstein et ai., Bankruptcy  6-35,
at 351 (1993).
inventory fee. A probate court's fee for services rendered
to a decedent's estate.
inventory search. See SEARCH.
inventory-turnover ratio. Accounting. The result of
dividing the cost of goods sold by the average value of
inventory. _ This calculation is used to determine the
effectiveness ofthe company's inventory-management
policy.
in ventre sa mere (in ven-tree sa mer). See EN VENTRE
SA MERE.
inventus (in-ven-t<ls), p.pl. [Latin] Found. -This word
appears in various phrases, such as thesaurus inventus
Ctreasure trove") and non est inventus ("he is not
found").
inveritare (in-ve-rJ-tair-ee), vb. [Law Latin] To make
proofofa thing.
inverse condemnation. See CONDEMNATION.
inverse-Erie doctrine. See REVERSE-ERIE DOCTRINE.
inverse floater. See inverse-floating-rate note under NOTE
(1).
inverse-floating-rate note. See :SOTE (1).
inverse-order-of-alienation doctrine. The principle that
ifa secured creditor has not collected on the mortgage
or lien on a property sold off in successive parcels, the
purchaser ofthe encumbered property may require the
creditor to collect first from any parcel still held by the
original owner, then from the parcel sold last, then next
to last, and so on until the amount has been satisfied.
The creditor must exhaust an asset before attempting
to recover the balance ofthe mortgage or lien from the
next most recently transferred asset. Also termed
rule of marshaling liens. [Cases; Debtor and Creditor
Go13; Mortgages (,."::>290.]
inverse zoning. See ZONING.
inverso ordine (in-v<lr-soh or-d<l-nee). [Latin] Hist.
Contrary to rule.
inverted market. See BACKWARDATION.
invest, vb. (17c) 1. To supply with authority or power <the
U.S. Constitution invests the President with the power
to conduct foreign affairs>. See INVESTITURE (1). 2. To
apply (money) for profit <Jillson invested her entire savings in the mutual fund>. 3. To make an outlay of
money for profit <Baird invested in stocks>.
investigate, vb. (16c) 1. To inquire into (a matter) system
atically; to make (a suspect) the subject of a criminal
inquiry <the police investigated the suspect's involve
ment in the murder>. 2. To make an official inquiry
<after the judge dismissed the case, the police refused
to investigate further>.
investigating bureau. See CREDIT-REPORTING BUREAU.
investigating magistrate. See MAGISTRATE.
investigative detention. See DETENTION.
investigative grand jury. See GRAND JURY.
investigatory detention. See STOP AND FRISK.
investigatory interrogation. See INTERROGATION.
investigatory power. See POWER (3).
investigatory stop. See STOP AND FRISK.
investitive fact. See FACT.
investitive publication. See PUBLICATION.
investiture (in-ves-ta-chuur). (14c) 1. The act offormally
installing a person in a ceremony in which the person
is clothed in the insignia ofthe office's position or rank;
esp., the installation ofa cleric in office. Also termed
investment. 2. LIVERY OF SEISIN.
investment. (16c) 1. An expenditure to acquire property
or assets to produce revenue; a capital outlay. [Cases:
Contracts C::=> 193.]
fixed-dollar investment. An investment whose value
is the same when sold as it was when purchased.
Examples are bonds held to maturity, certain govern
ment securities, and savings accounts.
fixed-income investment. An investment (including
preferred stock) that pays a fixed dividend throughout
its life and is not redeemable unless the corporation
makes a special call.
net investment. 1. The net cash required to start a new
project. 2. The gross investment in capital goods less
capital consumption, including depreciation.
2. The asset acquired or the sum invested. 3. INVESTI
TURE (1). 4. LIVERY OF SEISIN.
investment adviser. A person who, for pay, advises
others, either directly or through publications or
writings, about the value ofsecurities or the advisabil
ity ofinvesting in, purchaSing, or selling securities, or
who is in the business ofissuing reports on securities.
'The term generally excludes an employee ofan invest
ment adviser; a depository institution, such as a bank;
lawyers, accountants, engineers, and teachers whose
investment advice is solely incidental to the practice of
their profeSSion; a broker-dealer whose advice is inci
dental to the conduct of business and who receives no
special compensation for that adVice; and publishers of
bona fide newspapers, newsmagazines, or business or
financial publications ofgeneral, regular, or paid circu
lation. [Cases: Securities Regulation C::=>223, 224.]

903 investor
Investment Advisers Act. A 1940 federal statute
administered by the Securities and Exchange Com
mission -that regulates investment advisers. 15 USCA
 80b-l et seq. [Cases: Securities Regulation
224.J
investment bank. See BANK.
investment banker. A person or institution that under
writes, sells, or assists in raising capital for businesses,
esp. for new issues of stocks or bonds; a trader at an
investment bank. See investment bank under BANK.
investment banking. The business of underwriting or
selling securities; esp., the marketing of new stocks or
bonds.
"The term 'investment banking' can be used to encompass
[underwriting, and acting as a dealer, broker, and market
makerl. and any person in a firm performing any of those
functions could be called an investment banker. By con
vention, however, those terms are used less broadly. In
large securities firms, for example, there are a number of
departments. The one most visible to the public handles
trades for indiViduals. The technical term for the persons
working with customers in that department is 'registered
representative,' but those persons are often called brokers
or stockbrokers. Insiders would not call them investment
bankers. A department almost inVisible to the public
handles underwritings and performs a wide range of
services primarily for client companies. Among those are:
(1) assisting companies


handles underwritings and performs a wide range of
services primarily for client companies. Among those are:
(1) assisting companies in the sale of securities, almost
always in large amounts, to such private purchasers as
insurance companies; (2) finding acquisition partners for
companies that wish to acquire or be acquired by others;
and (3) giving financial advice of various sorts to client
companies. That department is likely to be called the
investment banking department. In any case, its functions
are at the heart of the inSiders' conception of investment
banking." Larry D. Soderquist (>" Theresa A. Gabaldon, Secu
rities Law 30 (199B).
investment bill. See BILL (6).
investment company. See COMPANY.
Investment Company Act. A 1940 federal statute
enacted to curb financial malpractices and abuses by
regulating investment-company activities and trans
actions specifically, by requiring registration of
investment companies and prohibiting transactions
by unregistered companies; by making certain persons
ineligible as affiliated persons or underwriters; by regu
lating affiliations ofdirectors, officers, and employees;
by barring changes in investment policy without share
holder approval; and by regulating contracts ofadvisers
and underwriters. 15 USCA  80a-l et seq. [Cases:
Securities Regulation <)::0211-222.]
investment contract. 1. A contract in which money is
invested in a common enterprise with profits to come
solely from the efforts of others; an agreement or trans
action in which a party invests money in expectation of
profits derived from the efforts ofa promoter or other
third party. 2. A transaction in which an investor fur
nishes initial value or risk capital to an enterprise, a
portion of that amount being subjected to the risks of
the enterprise . In such an arrangement, the investor
typically does not receive the right to exercise control
over the managerial decisions ofthe enterprise. [Cases:
Securities Regulation <)::05.10, 252.] "[Aln investment contract for purposes of the Securities
Act means a contract, transaction or scheme whereby a
person invests his money in a common enterprise and is
led to expect profits solely from the efforts of the promoter
or a third party.... It embodies a fleXible rather than a
static prinCiple, one that is capable of adaptation to meet
the countless and variable schemes devised by those who
seek the use of the money of others on the promise of
profits." SEC v. Howey Co., 32B U.S. 293. 29B-99, 66 S.Ct.
1100,1103 (1946).
guaranteed investment contract. An investment
contract under which an institutional investor invests
a lump sum (such as a pension fund) with an insurer
that promises to return the principal (the lump sum)
and a certain amount of interest at the contract's
end. --Abbr. GIC.
investment-direction agreement. A contract by which
a trustee agrees not to diversify the trust's assets, even
though the trustee has the legal right to do so, and the
beneficiary agrees to hold the trustee harmless for any
losses resulting from not diversifying. -Abbr. IDA.
[Cases: Trusts <)::0217.3.]
investment discretion. The ability of a person to (1) deter
mine what will be purchased or sold by or for another
person's account, (2) decide what will be purchased or
sold by or for the account even though another may
have the responsibility, or (3) influence the purchase
or sale of securities or property in a way that, accord
ing to an administrative agency such as the Securities
and Exchange Commission, should be subject to the
agency's governing rules and regulations.
investment-grade bond. See BOND (8).
investment-grade rating. Any of the top four symbols
given to a bond after an appraisal of its quality by a
securities-evaluation agency such as Moody's . The
rating indicates the degree of risk in an investment in
the bond. See A (8).
investment income. See unearned income (1) under
INCOME.
investment indebtedness. Tax. Debt incurred by a
taxpayer to acquire or carry assets that may produce
income. The Internal Revenue Code limits the
amount ofdeductible interest on this type ofdebt.
investment property. Any asset purchased to produce a
profit, whether from income or resale.
investment security. See SECURITY.
investment tax credit. See TAX CREDIT.
investment trust. See investment company under
COMPANY.
investor. (17c) 1. A buyer of a security or other property
who seeks to profit from it without exhausting the prin
cipal. 2. Broadly, a person who spends money with an
expectation of earning a profit.
accredited investor. An investor treated under the
Securities Act of 1933 as being knowledgeable and
sophisticated about financial matters, esp. because of
the investor's large net worth . In a securities offering
that is exempt from registration, an accredited

904 invidious discrimination
investor (either a person or an entity) is not entitled
to protection under the Act's disclosure provisions,
although the investor does keep its remedies for fraud.
[Cases: Securities Regulation C;218.11.]
angel investor. A person -usu. an experienced and
successful entrepreneur, professional, or entity -that
provides start-up or growth financing to a promising
company, often together with advice and contacts.
Also termed business angel.
institutional investor. One who trades large volumes
of securities, usu. by investing other people's money
into large managed funds. Institutional investors
are often pension funds, investment companies, trust
managers, or insurance companies. See MUTUAL
FUND.
qualified investor. Securities. An investor who is an
individual and has an investment portfolio worth at
least $5 million, or a company that owns or manages
investments worth at least $25 million.
sophisticated investor. Securities. An investor who
has sufficient knowledge and experience of financial
matters to be capable ofevaluating a security's quali
ties. Sophisticated investors do not require the full
protection ofsecurities laws. [Cases: Securities Regu
lation C;218.13.)
invidious discrimination (in-vid-ee-<'1s di-skrim-<'1-nay
sh<'1n). See DISCRIMINATION.
in vinculis (in ving-kYd-lis). [Latin "in chains"] In actual
custody.
"The engagement of a magistrate to an accomplice, that
if he will give his evidence. he will experience favor, is
merely in the nature of a recommendation to mercy, for
no authority is given to ajustice ofthe peace to pardon an
offender. and to tell him that he shall be a witness against
others. He is not therefore assured of his pardon, but gives
his evidence in vinculis, in custody: and it depends on his
behaviour, whether he shall or shall not be admitted to
mercy." 1Joseph Chitty, A Practical Treatise on the Criminal
Law 82-83 (2d ed. 1826).
inviolability (in-VI-<'1-I<'1-bil-<'1-tee), n. The quality or fact
ofbeing safe from violation.
inviolable (in-vI-<l-ld-bdl), adj. (I5c) Safe from violation;
incapable ofbeing violated. -inviolability, n.
inviolate (in-vl-d-lit), ad;. (15c) Free from violation; not
broken, infringed, or impaired.
in viridi observantia (in vir-<'1-dI ob-z<'1r-van-shee-d),
adj. [Latin "in fresh observance"] Present to the minds
ofpeople, and in full force and operation.
invisible, adj. Accounting. Not reported in a financial
statement <invisible earnings>.
invitation, n. Torts. In the law ofnegligence, the entice
ment ofothers to enter, remain on, or use property or
its structures; conduct that justifies others in believing
that the possessor wants them to enter. Cf. PERMISSION
(3).[Cases: Negligence 1037.1 invite, vb.
invitation to negotiate. (1902) Contracts. A solicitation
for one or more offers, usu. as a preliminary step to
forming a contract. -Also termed invitation seeking offers; invitation to bid; invitation to treat; solicitation
for bids; preliminary letter; offer to chaffer. Cf. OFFER.
[Cases: Contracts 0::>16.)
invited error. See ERROR (2).
invitee (in-VI-tee). (1837) A person who has an express
or implied invitation to enter or use another's premises,
such as a business visitor or a member ofthe public to
whom the premises are held open. The occupier has
a duty to inspect the premises and to warn the invitee
ofdangerous conditions. -Also termed licensee with
an interest. Cf. LICENSEE (2); TRESPASSER; BUSINESS
VISITOR (1). [Cases: Negligence 0::> 1037(2).]
public invitee. (1937) An invitee who is invited to enter
and remain on property for a purpose for which the
property is held open to the public. [Cases: Negligence
C= 1037(5).]
inviter. (16c) One who expressly or impliedly invites
another onto the premises for business purposes.
Also spelled invitor. Cf. INVITEE.
invito debitore (in-vl-toh deb-i-tor-ee). [Latin] Roman
law. Without the consent of a debtor.  A creditor
could assign and a third party could pay a debt invito
debitore.
invito domino (in-vl-toh dom-d-noh). [Latin] Roman
law. Against the will of the owner. The common
law doctrine oftheft was that the taking must be invito
domino.
invitor. See INVITER.
invito superiore (in-vI-toh s[y)oo-peer-ee-or-ee). [Law
Latin1Scots law. Without the consent of the superior.
 Ordinarily, a vassal could not renounce a fee without
the superior's consent.
invitro fertilization. A procedure by which an egg is fer
tilized outside a woman's bodv and then inserted into
the womb for gestation. -Abbr. lVF. Cf. ARTIFICIAL
INSEMINATION; ZYGOTE INTRAFALLOPIAN TRANSFER;
GAMETE INTRAFALLOPIAN TRANSFER. [Cases: Child
Custody 0::>274.5; Child Support 0::>63; Children
Out-of-Wedlock C;215; Parent and Child C=)20.]
in vivo fertilization. The process in which an egg is fer
tilized inside a woman's body. Cf. ARTIFICIAL INSEMI
NATION; ZYGOTE INTRAFALLOPIAN TRANSFER; GAMETE
INTRAFALLOPIAN TRANSFER.
invocation. (14c) 1. The act ofcalling upon for authority
or justification. 2. The act ofenforcing or using a legal
right <an invocation ofthe contract clause>.
invoice, n. (16c) An itemized list of goods or services
furnished by a seller to a buyer, usu. specifying the price
and terms of sale; a bill ofcosts. [Cases: Evidence~-c:>
355(3).1 invoice, vb.
consular invoice. An invoice used to hasten the entry
ofgoods into a country by bearing the signature of
the country's consul as assurance that the shipment's
contents have been preverified for quantity and value.
[Cases: Customs Duties (:=64.]

905 iron-safe clause
sales invoice. A document showing details ofa purchase
or sale, including price and quantity ofmerchandise.
[Cases: Sales ~28.1
invoice book. A journal into which invoices are
copied.
involuntary, adj. (15c) Not resulting from a free and
unrestrained choice; not subject to control by the
will. involuntariness, n.
"[Tlhe law, like everyday thought, usually confines the
notion of invo!untaryto that subclass of cases which involve
purely physical, physiological, or psychological movements
of our limbs, like reflexes and convulsions, movements in
sleep, during sleepwalking, or under hypnosiS, or due to
some disease of the brain, lunacy, or automatism." Alan R.
White, Grounds of Liability 60-61 (1985).
involuntary alienation. See ALIENATION.
involuntary bailment. See BAILMENT.
involuntary bankruptcy. See BANKRUPTCY.
involuntary confession. See CONFESSION.
involuntary conversion. See CONVERSION (2).
involuntary conveyance. See involuntary alienation
under ALIENATION.
involuntary deposit. 1. See DEPOSIT (5). 2. See involun
tary bailment under BAILMENT.
involuntary dismissal. See DISMISSAL (1).
involuntary dissolution. See DISSOLUTION.
involuntary euthanasia. See EUTHANASIA.
involuntary gap claim. See CLAIM (5).
involuntary intoxication. See INTOXICATION.
involuntary lien. See LIEN.
involuntary manslaughter. See MANSLAUGHTER.
involuntary nonsuit. See NONSUIT (2).
involuntary payment. See PAYMENT.
involuntary petition. See PETITION.
involuntary plaintiff. See PLAINTIFF.
involuntary proceeding. See involuntary bankruptcy
under BANKRUPTCY.
involuntary servitude. See SERVITUDE (4).
involuntary stranding. See accidental stranding under
STRANDING


. See SERVITUDE (4).
involuntary stranding. See accidental stranding under
STRANDING.
involuntary suretyship. See SURETYSHIP.
involuntary trust. See constructive trust under TRUST.
in witness whereof. (16c) The traditional beginning of
the concluding clause (termed the testimonium clause)
of a will or contract, esp. a deed. See TESTIMONIUM
CLAUSE.
10. abbr. BUREAU OF INTERNATIO:NAL ORGANIZATION
AFFAIRS.
10LTA (I-ohl-td). abbr. I:NTEREST ON LAWYERS' TRUST
ACCOUNTS.
10 mortgage. See interest-only mortgage under MORT
GAGE. IOU (I-oh-yoo). [abbr. "J owe you"] (17c) 1. A memoran
dum acknowledging a debt. 2. The debt itself. -Also
termed due-bill.
IP. abbr. 1. INTELl.ECTUAL PROPERTY. 2. See interested
party under PARTY (2). 3. See interested person under
PERSON (1).
IPA. abbr. See INDEPENDENT-PRACTICE ASSOCIATIO:N.
IPD. abbr. IN PRAESENTIA DOMI:NORUM.
IPO. See initial public offering under OFFERING.
ipse (ip-see). [Latin "he himself"] The same; the very
person.
ipse dixit (ip-see dik-sit). [Latin "he himself said it"]
(l5c) Something asserted but not proved <his testimony
that she was a liar was nothing more than an ipse dixit>.
[Cases: Evidence (;::::>555.4(1).1
ipsissima verba (ip-sis-d-ma var-b<l). [Latin "the
very (same) words"] (1807) The exact words used by
somebody being quoted <on its face, the ipsissima verba
ofthe statute supports the plaintiff's position on the
ownership issue>.
ipso facto (ip-soh fak-toh). [Latin "by the fact itself"]
(16c) By the very nature of the situation <if 25% of all
contractual litigation is caused by faulty drafting, then,
ipso facto, the profession needs to improve its drafting
skills>.
ipso facto clause. Bankruptcy. A contract clause that
specifies the consequences of a party's bankruptcy.
The Bankruptcy Code prohibits enforcement of such
clauses. -Also termed bankruptcy clause. [Cases:
Bankruptcy ~-')3109.]
ipso jure (ip-soh joor-ee). [Latin "by the law itself"]
By the operation ofthe law itself <despite the parties'
actions, the property will revert to the state, ipso jure,
on May 1>.
i ipsum corpus (ip-sdm kor-p.)s). [Latin] Roman law.
The thing itself. -The phrase typically referred to a
specific item that had to be delivered to a purchaser
or legatee.
IRA (I-ahr-ay or I-fd). abbr. INDIVIDUAL RETIREMENT
ACCOUNT.
IRAe (I-rak). A mnemonic acronym used mostly by
law students and their writing instructors, esp. as a
method of answering essay questions on law exams.
The acronym is commonly said to stand for either (1)
issue, rule, application, conclusion, or (2) issue, rule,
analysis, conclusion.
ira motus (I-rd moh-t<'ls), adj. [Latin] Moved or excited
by anger or passion. -'This term was formerly used in
the plea ofson assault demesne.
IRe. abbr. INTERNAL REVENUE CODE.
IRD. See income in respect ofa decedent under INCOME.
ire ad largum (I-ree ad lahr-g<lm), vb. [Latin] To go at
large; Le., to be released from judicial restraint.
iron-safe clause. A provision in a fire-insurance policy
requiring the insured to preserve the books and

IRR 906
inventory records of a business in a fireproof safe.
[Cases: Insurance G-'-::> 3054.]
IRR. See internal rate ofreturn under RATE OF RETURN.
irrational, adj. Not guided by reason or by a fair con
sideration ofthe facts <an irrational ruling>. See ARBI
TRARY.
irrebuttable presumption. See conclusive presumption
under PRESUMPTION.
irreconcilable differences. (1975) Persistent and unre
solvable disagreements between spouses, leading to
the breakdown ofthe marriage. -These differences
may be cited -without specifics -as grounds for
no-fault divorce. At least 33 states have provided that
irreconcilable differences are a basis for divorce. Cf.
IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE;
INCOMPATIBILITY. [Cases: Divorce
irrecusable, adj. (18c) (Ofan obligation) that cannot be
avoided, although made without one's consent, such
as the obligation to not strike another without some
lawful excuse. Cf. RECUSABLE (1).
irredeemable bond. See annuity bond under BOND (3).
irredeemable grouud rent. See ground rent (2) under
RENT (1).
irrefragable (i-ref-ro:l-go:l-b<JI), adj. (16c) Unanswer
able; not to be controverted; impossible to refute <the
defense feebly responded to the prosecution's irrefra
gable arguments>.
irregular, adj. (14c) Not in accordance with law, method,
or usage; not regular.
irregular heir. See HEIR.
irregular indorsement. See INDORSEMENT.
irregularity. (14c) 1. Something irregular; esp., an act
or practice that varies from the normal conduct of
an action. 2. Eccles. law. An impediment to clerical
office.
irregular judgment. See JUDGMENT.
irregular process. See PROCESS.
irregular succession. See SUCCESSION (2).
irrelevance, n. (1847) 1. The quality or state of being
inapplicable to a matter under consideration. - Also
termed irrelevancy. [Cases: Criminal Law C=>338(l);
Evidence C=>99.] 2. IRRELEVANCY (1).
irrelevancy, n. 1. Something not relevant. -Also termed
irrelevance. [Cases: Criminal Law C=>338(1); Evidence
(;::>99.] 2. IRRELEVANCE (1).
irrelevant (i-rel-;}-v,mt), adj. (16c) I. (Of evidence) having
no probative value; not tending to prove or disprove a
matter in issue. -Also termed impertinent. Cf. IMMA
TERIAL. [Cases: Criminal LawC=>338(1); Evidence
99.] 2. (Of a pleaded allegation) having no substantial
relation to the action, and will not affect the court's
decision. -irrelevance, n.
irrelevant evidence. See EVIDENCE. irremediable breakdown of the marriage. See IRRE
TRIEVABLE BREAKDOWN OF THE MARRIAGE.
irreparable damages. See DAMAGES.
irreparable harm. See irreparable injury under INJURY.
irreparable injury. See INJURY.
irreparable-injury rule (i-rep-<J-r<J-bal). (1969) The
principle that equitable relief (such as an injunction) is
available only when no adequate legal remedy (such as
monetary damages) exists. _ Although courts continue
to cite this rule, they do not usu. follow it literally in
practice. -Also termed adequacy test. [Cases: Injunc
tion G----::, 14, 138.6.]
"The irreparable injury rule has received considerable schol
arly attention. In 1978. Owen Fiss examined the possible
reasons for the rule and found them wanting, A vigorous
debate over the economic wisdom of applying the rule to
specific performance of contracts began about the same
time, and soon came to center on the transaction costs of
administering the two remedies. Both Fiss and Dan Dobbs
have noted that the rule does not seem to be taken very
seriously. and in a review of Fiss's book, I argued that the
definition of adequacy pulls most of the rule's teeth. The
Restatement (Second) of Torts dropped the rule from the
blackletter and condemned it as misleading, but replaced
it only with a long and unstructured list of factors to be
considered. , . , [Mlany sophisticated lawyers believe that
the rule continues to reflect a serious preference for legal
over equitable remedies." Douglas Laycock, The Death of
the Irreparable Injury Rule 9 (1991).
irrepleviable (i-ro:l-plev-ee-o:l-bo:ll), adj. (Ofproperty) not
capable of being repleVied. Formerly also spelled
irreplevisable. Cf. REPLEVIABLE.
irresistible force. See FORCE.
irresistible-impulse test. (1892) Criminal law. A test
for insanity, holding that a person is not criminally
responsible for an act ifmental disease prevented that
person from controlling potentially criminal conduct.
-The few jurisdictions that have adopted this test have
combined it with the McNaghten rules. Also termed
control test; volitional test. See INSANITY DEFENSE;
MCNAGHTEN RULES. [Cases: Criminal LawC::)50.]
"The first reaction of the legal profession to the irresistible
impulse defense, when it was introduced to the law many
years ago, was inclined to be favorable. Then a change
set in and for many years the prevailing view was strongly
against its recognition. Present indications are that the tide
is changing again. There seems to be a growing belief to
the effect that ignoring the possibility of such a defense
fails to give full recognition to the fundamental concept of
mens rea." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law975 (3d ed. 1982).
irresistible superhuman cause. See ACT OF GOD.
irresistible violence. Archaic. See VIS MAJOR.
irretrievable breakdown ofthe marriage. (1973) Family
law. A ground for divorce that is based on incompat
ibility between marriage partners and in many states
is the sole ground for no-fault divorce. -Also termed
irretrievable breakdown; irremediable breakdown ofthe
marriage; irremediable breakdown. Cf. IRRECONCIL
ABLE DIFFERENCES; INCOMPATIBILITY. [Cases: Divorce
C=>12.J

irrevocable (i-rev-a-b-bal), adj. (14c) Unalterable; com
mitted beyond recall. -irrevocability, n.
irrevocable guaranty. See GUARANTY.
irrevocable letter ofcredit. See LETTER OF CREDIT.
irrevocable offer. See OFFER.
irrevocable power ofattorney. See POWER OF ATTOR
NEY.
irrevocable trust. See TRUST.
irrigation district. Water law. A quasi-political subdi
vision or agency established to develop, preserve, and
conserve water for the benefit and use of the district's
residents. [Cases: Waters and Water Courses (.'='223.]
irritancy, n. Civil law. The action of rendering void or
the state of being rendered void.
irritant, adj. Civil law. Rendering void.
irritant clause. Civil law. A deed term providing that
if the deed's holder performs an act specifically pro
hibited by the deed, the act or deed is automatically
nullified.
irrogare (i-ra-gair-ee), vb. [Latin] Civil law. To inflict a
penalty; to make or ordain, as a law.
irrotulatio (i-rah-cha-Iay-shee-oh). [Law Latin) An
enrollment; an entry on a record.
IRS. abbr. INTERNAL REVENUE SERVICE.
IRV. See instant-runoff voting under VOTING.
ISCGS. abbr. INTERNATIONAL SCHEDULE OF CLASSES OF
GOODS AND SERVICES.
ish. Scots law. 1. An exit. _ This appears in the phrase
"ish and entry," often used in a lease, license, etc., to
give someone the right to use necessary ways and
passages to pass through another's property, esp. to
reach a church or marketplace. 2. The expiration ofa
lease, license, etc.; the end ofa period oftime.
island. (bef. 12c) A tract ofland surrounded by water but
smaller than a continent; esp., land that is continually
surrounded by water and not submerged except during
abnormal circumstances.
ISO. abbr. 1. Incentive stock option. See STOCK OPTION
(2). 2. INSURANCE SERVICES OFFICE.
isolated sale. See SALE.
isolating, n. Family law. A parent's or caregiver's pattern
of cutting a child off from normal social experiences,
preventing the child from forming friendships, or
making the child believe that he or she is alone in the
world. Cf. IGNORING; REJECTING.
ISP. abbr. INTERNET SERVICE PROVIDER.
is qui cognoscit (is kWI cog-nos-it). [Latin "he who rec
ognizes") The cognizor in a fine. See COGNIZOR; FINE
(1).
is qui cognoscitur (is kWl cog-nos-a-tar). [Latin "he who
is recognized"] A cognizee in a fine. See COGNIZEE;
FINE (1).
is qui omnino desipit (is kWI om-l1I-noh dee-sip-it).
[Latin] Hist. One who is completely void of reason. The phrase appeared in reference to an insane person,
not an idiot.
issuable, adj. 1. Capable of being issued <an issuable
writ>. 2. Open to dispute or


.
issuable, adj. 1. Capable of being issued <an issuable
writ>. 2. Open to dispute or contention <an issuable
argument>. 3. Possible as an outcome <an award as
high as $5 million is issuable in this case>.
issuable defense. See DEFENSE (1).
issuable plea. See PLEA (3).
issue, n. (16c) 1. A point in dispute between two or more
parties. -In an appeal, an issue may take the form ofa
separate and discrete question oflaw or fact, or a com
bination ofboth.
"In federal civil procedure, an issue is a single, certain,
and material point arising out of the allegations and con
tentions of the parties; it is matter affirmed on one side
and denied on the other, and when a fact is alleged in the
complaint and denied in the answer, the matter is then
put in issue between the parties." 3SA CJ.S. Federal Civil
Procedure  357, at 541 (1960).
collateral issue. (l8c) A question or issue not directly
connected with the matter in dispute. [Cases:
Criminal Law (;::338(1); Evidence G="99; Witnesses
~'='405.1
deep issue. (1944) The fundamental issue to be decided
by a court in ruling on a point oflaw . A deep issue is
usu. briefly phrased in separate sentences, with facts
interwoven (in chronological order) to show precisely
what problem is to be addressed. Cf. surface issue.
"Essentially, a deep issue is the ultimate, concrete question
that a court needs to answer to decide a point your way.
Deep refers to the deep structure of the case -not to
deep thinking. The deep issue is the final question you
pose when you can no longer usefully ask the follow-up
question, 'And what does that turn on?'" Bryan A. Garner,
The Winning Brief 56 (2d ed. 2004).
fact issue. See issue offact.
general issue. (16c) 1. A plea (often a general denial) by
which a party denies the truth ofevery material alle
gation in an opposing party's pleading. 2. The issue
arising from such a plea. [Cases: Pleading 15.]
"The general issue is a denial of the legal conclusion sought
to be drawn from the declaration. It denies by a general
form of expression the defendant's liability, and enables
the defendant to contest, without specific averments of the
defense to be asserted, most of the allegations which the
plaintiff may be required to prove to sustain his action, and
in some actions to raise also various affirmative defenses.
It fails to perform the functions of pleading, either in giving
notice or in reducing the case to specific issues." Benjamin
J. Shipman, Handbook of Common Law Pleading  169, at
304 (Henry Winthrop Ballantine ed., 3d ed. 1923).
immaterial issue. (l8c) An issue not necessary to
decide the point oflaw. Cf. material issue.
informal issue. Rare. An issue that arises when a defen
dant does not properly or fully plead in answer to a
material allegation.
issue offact. (17e) A point supported by one party's
evidence and controverted by another's. -Also
termed fact issue.

908 issue
issue oflaw. (18c) A point on which the evidence is
undisputed, the outcome depending on the court's
interpretation ofthe law. Also termed legal issue.
legal issue. (17c) 1. A legal question, usu. at the foun
dation of a case and requiring a court's decision. 2.
See issue oflaw.
material issue. An issue that must be decided in order
to resolve a controversy. -The existence ofa material
issue ofdisputed fact precludes summary judgment.
Cf. immaterial issue. [Cases: Federal Civil Procedure
C=>2470.1; Judgment (;='181(2).]
multifarious issue. An issue that inquires about several
different points (esp. facts) when each one should be
inquired about in a separate issue.
special issue. (l7c) 1. At common law, an issue arising
from a specific allegation in a pleading. -Special
issues are no longer used in most jurisdictions. 2. See
special interrogatory under INTERROGATORY.
surface issue. A superficially stated issue phrased in a
single sentence, without many facts, and usu. begin
ning with the word whether. Cf. deep issue.
ultimate issue. (17c) A not-yet-decided point that is
sufficient either in itself or in connection with other
pOints to resolve the entire case. Also termed
ultimate question.
2. A class or series ofsecurities that are Simultaneously
offered for sale. Also termed bond issue; stock issue.
See OFFERING.
hot issue. A security that, after an initial or secondary
offering, is traded in the open market at a substan
tially higher price. Also termed hot stock.
new issue. A stock or bond sold by a corporation for the
first time, often to raise working capital. See BLUE-SKY
LAW.
original issue. The first issue ofsecurities ofa particu
lar type or series.
shelfissue. An issue of securities that were previously
registered but not released at the time of registra
tion.
3. Wills & estates. Lineal descendants; offspring.
issue female. 1. Female descendants. 2. A female whose
descent from a specified ancestor is traceable through
the direct female line. See tail female under TAIL.
[Cases: Wills .
issue male. 1. Male descendants. 2. A male whose
descent from a specified ancestor is traceable through
the direct male line. See tail male under TAIL. [Cases:
Wills
lawful issue. (16c) Descendants, including descendants
more remote than children. -At common law, the
term included only those who were children oflegally
recognized subsisting marriages. See DESCENDANT;
HEIR. [Cases: Descent and Distribution
4. Commercial law. The first delivery of a negotiable
instrument by its maker or holder. issue, vb. (l4c) 1. To accrue <rents issuing from land>
2. To be put forth officially <without probable cause,
the search warrant will not issue> 3. To send out or
distribute officially <issue process> <issue stock>.
issuance, n.
issued stock. See STOCK.
issue estoppel. See COLLATERAL ESTOPPEL.
issue fee. Patents. The charge that an inventor must pay
the U.S. Patent and Trademark Office before an allowed
patent application can be issued as a patent. [Cases:
Patents C""'" 103.]
issue pleading. See PLEADING (2).
issue preclusion. See COLLATERAL ESTOPPEL.
issuer. 1. A person or entity (such as a corporation or
bank) that issues securities, negotiable instruments,
or letters ofcredit. 2. A bailee that issues negotiable or
nonnegotiable documents oftitle.
nonreporting issuer. An issuer not subject to the report
ing requirements of the Exchange Act because it (1)
has not voluntarily become subject to the reporting
requirements, (2) has not had an effective registra
tion statement under the Securities Act within the
fiscal year, and (3) did not, at the end ofits last fiscal
year, meet the shareholder or asset tests under the
Exchange Act registration requirements.
issue roll. Hist. English law. A court record on which the
issues in contested matters are briefly noted. -lbis
practice was abolished in 1834. See INCIPITUR.
ITA. abbr. INTERNATIONAL TRADE ADMINISTRATION.
ita lex scripta est (I-t;::l leks skrip-t;::l est). [Latin] So the
law is written. -This expression means that the law
must be obeyed despite the apparent rigor ofits applica
tion. The idea is that we must be content with the law as
it stands, without inquiring into its reasons. -Some
times shortened to ita scripta est ["so it is written"].
"If practice be the whole he is taught, practice must also
be the whole he will ever know: if he be uninstructed in the
elements and first principles upon which the rule of practice
is founded, the least variation from established precedents
will totally distract and bewilder him: ita lex scripta est is
the utmost his knowledge will arrive at; he must never
aspire to form, and seldom expect to comprehend, any
arguments drawn a priori, from the spirit of the laws and
the natural foundations of justice." 1 William Blackstone,
Commentaries on the Laws of England 32 (1765).
ita te Deus adjuvet (H;::I tee dee-ds aj-d-vet). [Latin] So
help you God. -An old form ofadministering an oath
in England, usu. in connection with other words, such
as: Ita Ie Deus adjuvet, et sacrosancta Dei Evangelia ("So
help you God, and God's holy gospels"), and Ita te Deus
adjuvet et omnes saneti ("So help you God and all the
saints").
ITC. See investment tax credit under TAX CREDIT.
item. (l6c) 1. A piece ofa whole, not necessarily sepa
rated. 2. Commercial law. A negotiable instrument or
a promise or order to pay money handled by a bank
for collection or payment. -The term does not include
a payment order governed by division 11 of the VCC

909
or a credit-or debit-card slip. VCC 4-104(a)(9). [Cases:
Banks and Banking ~137, 158-168.]
par item. An item that a drawee bank will remit to
another bank without charge.
line item. Accounting. In a financial statement, a single
entry or notation to which a particular dollar amount
is attached.
3. In drafting, a subpart of text that is the next smaller
unit than a subparagraph . In federal drafting, for
example, "(4)" is the item in the following citation: Rule
19(a){l)(B)(4). Also termed (in sense 3) clause.
itemize, vb. To list in detail; to state by items <an
itemized bill>.
itemized deduction. See DEDUCTION.
item veto. See line-item veto under VETO.
iter (I-ti"lr or it-i"Ir), n. [Latin] 1. Roman law. A rural ser
vitude that allowed the holder to walk or ride on horse
back (but not drive a draft animal) through another's
land. -Also termed servitus itineris (sar-vi-tas I-tin
ar-is). Cf. ACTUS (3); VIA (2).2. Hist. A journey; esp., a
circuit made by an eyre justice. See EYRE. IVF
itinerant vendor. See VENDOR.
itinerate (I-tin-i"I-rayt), vb. (Of a judge) to travel on a
circuit for the purpose ofholding court. See CIRCUIT.
itineration, n. itinerant, adj. & n.
ITS. abbr. Institute for Telecommunication Sciences. See
NATIONAL TELECOMMUNICATIONS AND IKFORMATION
ADMINISTRATION.
iudex (yoo-deks). [Latin] See JUDEX.
iudicum reiectio. See jUDICUM REjECTIO.
iudicum sortitio. See JUDICUM SORTITIO.
iudicum subsortitio. See jUDlCUM SUBSORTITlO.
ius (yas aryoos). [Latin "law, right"] See JUS.
ius praetorium. See LEX PRAETORIlJM.
ius primae noctis. See MARCHETUM.
ius provocationis. See JUS PROVOCATIONIS.
iustae nuptiae. See JUSTAE NUPTIAE.
IVA. abbr. See INDIVIDUAL VOLUNTARY ARRANGE
MENT.
IVF. abbr. IN VITRO FERTILIZATION.

J
J. abbr. 1. JUDGE. 2. JUSTICE (2).3. JUDGMENT. 4. JUS. 5.
JOURNAL.
JA. abbr. 1. JUDGE ADVOCATE. 2. See joint account under
ACCOUNT.
Jac. abbr. Jacobus the Latin form of the name James,
used principally in citing statutes enacted during the
reigns of English kings of that name (e.g., "St. 1, Jac.
2").
jacens (jay-senz). [Latin) Lying; fallen; in abeyance. See
hereditas jacens under HEREDITAS.
jackpot justice. Slang. The awarding of enormous and
apparently arbitrary damages to plaintiffs, thereby
making the plaintiffs wealthy and encouraging others
to file lawsuits seeking excessive damages for even
minor actual harm.
Jackson-Denno hearing. (1965) A court proceeding,
held outside the jury's presence to determine whether
the defendant's confession was voluntary and therefore
admissible as evidence. Jackson v. Denno, 378 U.S. 368,
84 S.Ct. 1774 (1964). -Also termed Jackson v. Denno
hearing. [Cases: Criminal Law 0531, 532.]
Jackson standard. (1980) Criminal law. The principle that
the standard of review on appeal when a criminal
defendant claims that there is insufficient evidence to
support the conviction -is to determine whether, after
considering the evidence in the light most favorable to
the prosecution, any rational trier of fact could have
found the essential elements of the crime beyond a
reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99
S.Ct. 2781 (1979). [Cases: Criminal LawC=' 1144.13(3),
1159.2(7).]
Jackson v. Denno hearing. See JACKSON-DENNO HEAR
ING.
Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act. A 1989
federal statute requiring each state to create a sex
offender registry of sexually violent offenders, par
ticularly those who have been convicted of sex crimes
again


a sex
offender registry of sexually violent offenders, par
ticularly those who have been convicted of sex crimes
against minors, and to disclose information about
registered sex offenders for public-safety purposes.
'Ihe Act mandates a minimum registration period of
10 years, beginning on the offender's date of release
from custody or supervision. It was amended in 1996 by
Megan's Law, which added the disclosure requirement.
See 42 USCA  14071. The Act was named for ll-year
old Jacob Wetterling of Minnesota, who was abducted
by a stranger in 1989. During the immediate search for
Jacob, law-enforcement officers discovered that many
of the county's halfway houses sheltered sex offenders
from another county. Jacob was never found. -Often
shortened to Jacob Wetterling Act or Wetterling Act. Cf.
MEGAN'S LAW. [Cases: Mental Health 0469.1 jactitation (jak-ti-tay-sh,m). (17c) 1. A false boasting or
claim that causes injury to another. [Cases: Libel and
Slander 140.] 2. Civil law. SLANDER OF TITLE.
jactitation of marriage. Rist. 1. False and actionable
boasting or claiming that one is married to another. 2.
An action against a person who falsely boasts ofbeing
married to the complainant.
"Jactitation of marriage is a cause of action which arises
when a person falsely alleges that he or she is married
to the petitioner, and the remedy sought is a perpetual
injunction against the respondent to cease making such
allegations. The cause is now uncommon in English munici
pal law and almost unknown in the conflict of laws." R.H.
Graveson, Conflict ofLaws 349 (7th ed. 1974).
jactitation of title. See SLANDER OF TITLE.
jactura (jak-t[yJoor-J), n. [Latin] Civil law. 1. A throwing
ofgoods overboard to lighten or save a vessel; JETTISON.
2. A loss incurred from this; general average. See general
average under AVERAGE. -Also termed jactus.
jactus lapilli (jak-tas la-pit-I). [Latin "the throwing down
of a stone"] Roman law. A landowner's thrOWing of a
small stone onto a neighbor's land to symbolically
protest construction that could threaten the thrower's
interest. Cf. NOVI OPERIS NUNTIATIO.
jactus mercium navis levandae causa (jak-tas mar
shee-am nay-vis la-van-dee kaw-z<l). [Latin "the
throwing of goods into the sea for the purpose of
lightening the ship"] Roman law. JETTISON. See I.EX
RHODIA.
jactus reUs (jak-tJs ree-tis). [Latin] Roman law. The
casting ofa net in the context ofemptio spei. See emptio
spei under EMPTIO.
JAG. abbr. JUDGE ADVOCATE GENERAL.
JAG Department. See JUDGE ADVOCATE GENERAL'S
DEPARTMENT.
JAG Manual. See MANUAL OF THE JUDGE ADVOCATE
GENERAL.
jail, n. (l3c) A local government's detention center where
persons awaiting trial or those convicted of misde
meanors are confined. -Also spelled (esp. in BrE)
gaol. -Also termed holding cell; lockup; jailhouse;
house ofdetention; community correctional center. Cf.
PRISON. [Cases: Prisons 0213.] -jail, vb.
jail credit. (I950) Time spent by a criminal defendant in
confinement while awaiting trial.  This time is usu.
deducted from the defendant's final sentence (if con
victed). -Also termed jail-credit time. [Cases: Sentenc
ing and Punishment 01158.J
jail delivery. 1. An escape by several prisoners from a
jail. 2. Archaic. A clearing procedure by which all pris
oners at a given jail are tried for the offenses that they
are accused ofhaving committed.

911
general jail delivery. Collectively, acquittals in high
numbers as a result ofeither lax or reckless adminis
tration of the law or defects in the law.
3. Archaic. 1be commission issued to judges of assize,
directing them to clear a jail by trying -and either
acquitting or condemning -all the inmates. 4.
Archaic. The court charged with the trial ofall ordinary
criminal cases. -Also written gaol delivery. See COM
MISSION OF GAOL DELIVERY.
jailer. A keeper, guard, or warden ofa prison or jail.
Also spelled (esp. in BrE) gaoler. [Cases: Prisons
390.]
jailhouse. See JAIL.
jailhouse lawyer. A prison inmate who seeks release
through legal procedures or who gives legal advice to
other inmates. Also termed guardhouse lawyer.
jail liberties. Bounds within which a jailor prison lies
and throughout which certain prisoners are allowed
to move freely, usu. after giving bond for the liber
ties. The bounds are considered an extension of the
prison walls. Historically, jail liberties were given in
England to those imprisoned for debt. The prisoners
were allowed to move freely within the city in which
the prison was located. -Also spelled (esp. in BrE) gaol
liberties. -Also termed jail limits. See BOUND (2).
"[Sltatutes were from time to time passed enlarging the
gaol liberties, in order to mitigate the hardships of impris
onment: thus, the whole City of Boston was held the 'gaol
liberties' of its county gaol. And so with a large part of New
York City .... The prisoner, while within the limits, is con
sidered as within the walls of the prison." 1 John Bouvier,
Bouvier's Law Dictionary 1333-34 (8th ed. 1914).
jail mail. Slang. Correspondence sent by or to an incar
cerated person . It is often screened by prison per
sonnel.
Jamaican switch. An illegal scheme whereby one con
spirator convinces the victim of a need for help in
handling a large sum of money, usu. by claiming to
have found the money or by claiming to be an unso
phisticated foreigner, and promises to share part ofthe
money with the victim or asks the victim for help in
finding a suitable charity to donate to, at which time
the other conspirator appears and promises to assist
ifboth the victim and first conspirator provide good
faith money, the intent being for the two conspirators
to leave with all the money, including the victim's .
The name given to this scheme is likely to be considered
offensive by some. Also termed pigeon drop. [Cases:
False Pretenses (;::::> 16.]
James hearing. (1981) A court proceeding held to deter
mine whether the out-of-court statements of a cocon
spirator sbould be admitted into evidence, by analyzing
whether there was a conspiracy, whether the declarant
and the defendant were part of the conspiracy, and
whether the statement was made in furtherance of the
conspiracy. United States v. James, 590 F.2d 575 (5th
Cir. 1979); Fed. R. Evid. 80l(d)(2)(E). [Cases: Criminal
Law (;::::>427.] Jencks material
Jane Doe. A fictitious name for a female party to a legal
proceeding, used because the party's true identity is
unknown or because her real name is being withheld.
Also termed Jane Roe; Mary ",v[ajor. Cf. JOHN DOE.
[Cases: Federal Civil Procedure <::=' 101; Parties
73.]
Janus-faced (jay-n<Js fayst), adj. (17c) Having two con
trasting or contradictory aspects; two-faced <a Janus
faced plea>.
Jason clause. Alaritime law. A bill-of-Iading clause
requiring contribution in general average even when
the peril that justified the sacrifice was the result ofthe
carrier's negligence, for which the carrier is otherwise
exempt from liability by statute . The clause is named
after the Supreme Court case that upheld its enforce
ability, The Jason, 225 U.S. 32, 32 S.Ct. 560 (1912). See
general average under AVERAGE. [Cases: Shipping
189.]
jaywalking, n. (1919) The act or instance of crossing a
street without heeding traffic regulations, as by crossing
between intersections or at a place other than a cross
walk.[Cases: Automobiles (;::::>217; Municipal Corpora
tions (;::::>707.) jaywalk, vb.
JCP. abbr. Justice of the Common Pleas. See COURT OF
COMMON PLEAS.
J.D. abbr. JURIS DOCTOR.
Jedburgh justice (jed-b;}r-<J). See JUSTICE (1).
Jeddart justice (jed-<Jrt). See Jedburgh justice under
JUSTICE (1).
jedge and warrant (jej). Scots law. The authority formerly
given by the Dean of Guild of a burgh to rebuild or
repair a dilapidated house or tenement.
Jedwood justice (jed-wdd). See Jedburgh justice under
JUSTICE (1).
Jencks material. (1961) Criminal procedure. A prosecu
tion witness's written or recorded pretrial statement
that a criminal defendant, upon filing a motion after
the witness has testified, is entitled to have in prepar
ing to cross-examine the witness . The defense may
use a statement ofthis kind for impeachment purposes.
Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007 (1957);
Jencks Act, 18 USCA  3500. Cf. BRADY MATERIAL.
[Cases: Criminal Law (;::::>627.7.]
reverse Jencks material. Criminal procedure. A defense
witness's written or recorded pretrial statement that
a prosecutor is entitled to have in preparing to cross
examine the witness. -Reverse Jencks material may
be obtained during pretrial discovery. Discoverable
statements include a witness's Signed or adopted
written statement, and transcripts or recordings of
the witness's oral statements, including grand-jury
testimony. United States v. Nobles, 422 U.S. 225,
231-34,95 S. Ct. 2160, 2166-68 (1975); Fed. R. Crim.
P. 26.2. -Also termed reverse Jencks; reverse discov
ery; reciprocal discovery. [Cases: Criminal Law
627.7(2).]

912 Jensen doctrine
Jensen doctrine. Maritime law. The principle that a
state statute may not apply in a maritime case ifto do
so would "work material prejudice to the character
istic features of the general maritime law or interfere
with the proper harmony and uniformity of that law."
Southern Pac. Co. v. Jensen, 244 U.S. 205,37 S.Ct. 524
(1917). [Cases: Workers' Compensation (;:::>262.]
jeofail Oef-ayl), n. [fro French j'ay faille] Archaic. 1. A
pleading error or oversight that results in a misjoined
issue and requires a repleader. 2. The acknowledgment
ofsuch an error. -Also spelled jeo/aile.
jeopardy. (14c) The risk of conviction and punishment
that a criminal defendant faces at triaL. Jeopardy
attaches in a jury trial when the jury is empaneled, and
in a bench trial when the first witness is sworn. -Also
termed legal jeopardy. See DOUBLE JEOPARDY. [Cases:
Double JeopardyC::>59.]
jeopardy assessment. See ASSESSMENT.
Jepson claim. See PATENT CLAIM.
jerk note. Hist. Maritime law. A permit, issued by a
customs collector to the ship's master, authorizing the
master to receive cargo for an outbound voyage.
jetsam (jet-sdm). (16c) The portion of a ship's cargo
and equipment that is (1) thrown overboard in an
effort to save the ship from a perilous condition, and
that (2) either sinks beneath the surface or is washed
ashore. Also termed jettison. Cf. FLOTSAM; LAGAN
(1); WAVESON.
jettison (jet-d-s;m), n. (15c) Maritime law. l. The act of
voluntarily throwing cargo overboard to lighten or
stabilize a ship that is in immediate danger. Also
termed eqUitable jettison; jactura; jactus mercium navis
levandae causa. See general average under AVERAGE. 2.
JETSAM. jettison, vb.
"The goods must not be swept away by the violence of the
waves, for then the loss falls entirely upon the merchant or
his insurer, but they must be intentionally sacrificed by the
mind and agency of man, for the safety of the ship and the
residue of the cargo. The jettison must be made for suf
fieient cause, and not from groundless timidity. It must be
made in a case of extremity, when the ship is in danger of
perishing by the fury of a storm, or is laboring upon rocks
or shallows, or is closely pursued by pirates or enemies;
and then if the ship and the residue of the cargo be saved
by means of the sacrifice, nothing can be more reasonable
than that the property saved should bear its proportion of
the loss," 3 James Kent, Commentaries on American Law
*232-33 (George Comstock ed., 11 th ed. 1866).
jeux de bourse (zhoo dd bars), n. [French "games of the
stock exchange"] Speculation in stocks or bonds, as by
dealing in options or futures.
Jewell instruction (joo-wdl). (1977