2).
House of Commons. The lower chamber of the British
and Canadian parliaments. -Abbr. H.C.
house of correction. See HOUSE. house of delegates. (18c) 1. (often cap.) The convention
of many learned or profeSSional associations, includ
ing the American Bar Association <the ABA House
of Delegates>. Often shortened to House. -Also
termed house ofrepresentatives. See CONVENTION (4).
[Cases: Attorney and Client ~31.12. (cap.) The lower
chamber of the state legislature in Maryland, Virginia,
and West Virginia. [Cases: States ~26.1
house ofdetention. See JAIL.
house ofill fame. 1. See BROTHEL. 2. See DISORDERLY
HOUSE (2).
house of ill repute. See DISORDERLY HOUSE.
House of Lords. (l7c) The upper chamber of the British
Parliament, of which the ll-member judicial com
mittee provides judges who serve as the final court of
appeal in most civil cases . In practice, the Lords sit as
committees, usu. offive but occaSionally ofseven. Two
committees may sit Simultaneously. -Abbr. H.L.
Also termed Lords.
"'House of Lords' is an ambiguous expression. It refers {ll
to all the peers who choose to sit as the Upper House of the
legislature (Parliament), and also (2) to a court consisting
of the highest level of the judiciary." Glanville Williams,
Learning the Law 8 (l1th ed. 1982).
house of prostitution. See DISORDERLY HOUSE (2).
house ofrefuge. See house ofcorrection under HOUSE.
House of Representatives. (I8c) 1. The lower chamber
of the U.S. Congress, composed of 435 members
apportioned among the states on the basis of popu
lation who are eJected to two-year terms. [Cases:
United States 2. The lower house ofa state leg
islature. -Abbr. H.R.; (in senses 1 & 2) H. Often
shortened to House. [Cases: States ~26.] 3. HOUSE
OF DELEGATES (1): -Often shortened (in all senses) to
House. -Abbr. H.R.
house ofworship. See HOUSE.
house trademark. See TRADEMARK.
housing code. See BUILDING CODE.
housing court. See COURT.
hovering act. Int'l law. A statute applying to a coastal
country's criminal jurisdiction over ships, and persons
! aboard those ships, when the ships are outside the
country's territory.
'The notion of hovering acts evolved long before that of
a belt of uniform width in the form of territorial waters.
Great Britain's first antismuggling legislation to operate
at a stated distance seaward was in 1719, applying to the
master of any ship 'found at anchor or hovering within two
leagues from the shore.' Later enactments extended this
limit to three, then four, then eight leagues. A statute of
1794 gave power to seize and confiscate customable goods
in vessels 'found at anchor, or hovering' inside specific
straight lines drawn between lines on the British coasts,
thus resembling the 'King's Chambers' of the Stuart era.
In 1805 the British Parliament extended the seizure limit to
100 leagues (300 miles) from the coasts of Great Britain and
Ireland in respect of vessels 'belongi ng whOlly or in part to
His Majesty's subjects, or whereof one-half of the persons
on board shall be subjects of His Majesty,' Foreign-flag
vessels could have fallen within this category. In the case
of Le Louis (l 817) 165 E.R. 1464, the British Admiralty judge

809
Lord Stowell described these statutes as being permitted
by 'the (ommon courtesy of nations for their convenience.'''
Geoffrey Marston, "Hovering Acts," in 2 Encyclopedia of
Public Intemational Law 884-85 (1995).
HOW. abbr. HOME OWNERS WARRANTY.
How say you? Archaic. (Asked of a jury) how do you
find?
howsoever, adv. (14c) In whatever way; however.
H.R. abbr. HOUSE OF REPRESENTATIVES.
H.R. 10 plan. See KEOGH PLAN.
HSR Act. See HART-SCOTT-RODINO ANTITRUST IMPROVE
MENT ACT.
HTML. abbr. HYPERTEXT MARKUP LANGUAGE.
http. abbr. HYPERTEXT TRANSFER PROTOCOL.
hub-and-spoke conspiracy. See wheel conspiracy under
CONSPIRACY.
hue usque (h~k ~s-kwee), adv. [Latin] Hist. Hitherto.
This term commonly appeared in pleadings. -Also
spelled hucusque.
HUD. abbr. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
hudegeld. See HYDEGELD.
hue and cry. (lSc) Hist. 1. 1he pUblic uproar that, at
common law, a citizen was expected to initiate after dis
covering a crime. Also termed vociferatio; clamor.
"Hue and Cry is the old Common Law mode of pursuing,
'with horn and voice: persons suspected of felony, or
having inflicted a wound from which death is likely to
ensue." 1Joseph Chitty, A Practical Treatise on the Criminal
Law26 (2d ed. 1826).
"All were obliged to pursue the criminal when the hue and
cry was raised. Neglect of these duties entailed an amerce
ment of the individual, the township or the hundred. The
sheriffs and the constables were under special obligations,
as conservatores pacis, to fulfil these duties." 1 William
Holdsworth, A History ofEnglish Law 294 (7th ed. 1956).
2. The pursuit of a felon accompanying such an uproar.
3. A written proclamation for the capture of a felon.
huggery. English law. Rare. A barrister's improperly
ingratiating actions to curry favor with a solicitor for
the purpose of gaining professional employment. _
Many consider huggery a breach of Bar etiquette, but
it is not expressly forbidden.
hui (hoo-ee), n. In Hawaiian law, an association of
persons who own land together, usu. as tenants in
common. [Cases: Associations (;:::> l; Sales 10;
Tenancy in Common
huissier (wee-syay), n. [French fro huis"door"] 1. French
law. An usher ofa court; an officer (such as a marshal)
who serves process. 2. Hist. In England, a ministerial
officer attached to a court, responsible for service of
process, issuing executions, and maintaining order
during court sessions.
hulk, n. (l7c) Hist. In England, a dismantled ship used as
a prison . Living conditions in hulks were notoriously
poor, and their use as prisons ended as part of the broad
prison-reform movements of the mid-19th century. hundredor
humanitarian doctrine. See LAST-CLEAR-CHANCE
DOCTRINE.
humanitarian intervention. See INTERVENTION.
humanitarian law. Int'l law. Law dealing with such
matters as the permissible use of weapons and other
means of warfare, the treatment of prisoners of war and
civilian populations in armed conflicts, and generally
the direct impact of war on human life and liberty .
Most existing rules composing humanitarian law are
codified in the Geneva Conventions and their proto
cols.
human-leukocyte antigen test. A medical process of
analyzing the blood sample of a man in a paternity
or legitimacy case by comparing certain indicators
with the child's blood. Abbr. HLA test. See BLOOD
GROUPING TEST. Cf. GENETIC-MARKER TEST. [Cases:
Children Out-of-Wedlock (;:::>45,58.]
human rights. (ISc) The freedoms, immunities, and
benefits that, according to modern values (esp. at an
international level), all human beings should be able to
claim as a matter of right in the society in which they
live. See UNIVERSAL DECLARATION OF HUMAN RIGHTS.
[Cases: Civil Rights (;::::::> 1026.]
human trafficking. See TRAFFICKING.
hundi. See HAWALA.
hundred. (bef. 12c) 1. Formerly, a county subdivision
that had its own local court.
'The hundred was a group of adjoining townships. It may
have consisted of an area taxed at one hundred hides.
Other explanations of the term 'hundred' are that the
unit may have consisted of one hundred households, or
the area had to supply one hundred fighting men for the
national defence." L.B. Curzon, English Legal History 7 (2d
ed. 1979).
2. The populace of such a subdivision. 3. See hundred
court under COURT. 4. In the United States, a politi
cal division derived from the English county division.
 Hundreds existed in colonial Delaware, Maryland,
Pennsylvania, and Virginia. Today, they exist only in
Delaware. hundredal (hun-dri-d<ll), adj.
hundredarius (h~n-dri-dair-ee-~s), n. [Law Latin] Hist.
1. HUNDREDARY. 2. HUNDREDOR (1).
hundredary (him-dri-der-ee), n. [Law Latin] Hist. The
chief or presiding officer of a hundred. Also termed
hundredarius.
hundred court. See COURT.
hundredes earldor (h;m-dridz <lrl-d~r), n. [Latinized
Old English] Hist. The presiding officer in a hundred
court. -Also termed hundredes man.
hundred moot. See hundred court under COURT.
hundredor (h<lll-dri-d~r), n. Hist. l. A freeholder of a
hundred who can sue in, or act as judge of, a hundred
court. 2. A person who has been empaneled (or is fit
to be empaneled) on a hundred-court jury, and who
dwells within the hundred where the cause of action
arose. 3. An officer who has jurisdiction of a hundred

and who holds the hundred court. 4. The bailiff of a
hundred.
hundredpenny (han-drCld-pen-ee), n. Hist. A tax or due
that in medieval times was levied in a hundred. See
HUNDRED (1), (2).
hundred rolls. Hist. Records that list the various feudal
tenancies and feudal obligations existing among English
lords and tenants. The hundred rolls were compiled in
1274-1275 by royal commissioners from inquiries put
to hundred-court juries in order to alert the Crown to
the existence offeudal relationships that infringed on
royal prerogatives (and thereby royal revenue).
hungjury. See JURY.
Huntley hearing. In New York practice, a pretrial hearing
in a criminal case to determine the admissibility of a
defendant's statement. The hearing usu. follows a defen
dant's motion to suppress an involuntary statement.
The name derives from People v. Huntley, 204 N.E.2d
179 (N.Y. 1965), in which the court held that a judge in
a criminal trial must conduct a preliminary hearing
to determine whether, beyond a reasonable doubt, a
defendant's confession was made voluntarily. [Cases:
Criminal Law C-~414.]
hurto (oor-toh), n. Spanish law. Theft; larceny; stealing.
husband. (Bc) A married man; a man who has a lawful
spouse living . Etymologically, the word signified the
house bond, the man who, according to Saxon ideas
and institutions, held around him the family, for which
he was legally responsible. [Cases: Husband and Wife
C=>l.]
common-law husband. The husband in a common-law
marriage; a man who contracts an informal marriage
with a woman and then holds himself out to the com
munity as being married to her. See common-law
marriage under MARRIAGE (1). [Cases: Marriage
13.]
husbandlike and proper. (Ofland cultivation or man
agement) according to the locale's usual practices.
husbandman. Archaic. A farmer.
husbandria (h;n-bCln-dree-Cl), n. [Law Latin] Hist. HUS
BANDRY.
husbandry. (14c) 1. Agriculture or fanning; cultivation
of the soil for food . In some states, tools and equip
ment used in farming are exempt from forced sale for
collection of a debt. [Cases: Exemptions C=>45.] 2.
Generally, care of a household; careful management
of resources.
husband-wife immunity. See IMMUNITY (2).
husband-wife privilege. See marital privilege under
PRIVILEGE (3).
huscarle (hoos-kahrl), n. [Old English] Rist. L A house
servant or domestic; a man ofthe household. 2. A king's
vassal, thane, or baron; an earl's man or vassal.
husfastne (hoos-fas[t]-Cln), n. [Old English] Hist. A
person who holds house and land; a man bound to a
frankpledge. husgablum (hoos-gab-l;)m), n. [Old English) Hist. A tax
or tribute levied upon a house; house rent.
hush money. (l8c) Slang. A bribe to suppress the dis
semination ofcertain information; a payment to secure
silence.
husting. (usu. pl.) [Old English] (bef. 12c) 1. Hist. A delib
erative assembly, esp. one called by the king or other
leader. 2. Hist. COURT OF HUSTINGS. 3. Hist. The raised
platform used by officials of the Court ofHustings. 4.
Hist. The raised platform used to nominate candidates


The raised
platform used by officials of the Court ofHustings. 4.
Hist. The raised platform used to nominate candidates
for Parliament.  This practice ended after passage of
the Ballot Act in 1872. 5. Any place where political
campaign speeches are made.
hutesium et clamor (h[y]oo-tee-z[h]ee-Clm et klam-;)r).
[Law Latin] HUE AND CRY.
hybrid action. Labor law. A lawsuit in which a union
member asserts claims against the employer for breach
of a collective bargaining agreement, and against the
union for breach of the duty of fair representation.
[Cases: Labor and Employment C:~)1219(1), 1319.J
hybrid class action. See CLASS ACTION.
hybrid mark. See composite trademark under TRADE
MARK.
hybrid security. See SECURITY.
hybrid trademark. See composite trademark under
TRADEMARK.
Hyde Amendment. A federal law that prohibits the use
of Medicaid funds for abortions except when neces
sary to save the mother's life, and that prohibits feder
ally funded family-planning programs from providing
abortion counseling . The bill was sponsored by Rep
resentative Henry Hyde of Illinois. [Cases: Abortion
and Birth Control C=>126; Health C=>480.J
hydegeld (hId-geld), n. Rist. 1. In England, a discharge
for an assault on a trespassing servant. 2. HIDEGILD.
Also spelled hudegeld.
Hydraflow test. (1996) A principle for deciding when
an inadvertent disclosure of a privileged document is
a waiver ofthe attorney-client privilege, whereby the
court considers the reasonableness ofthe precautions
taken to prevent the inadvertent disclosure, the number
ofdisclosures involved, the extent ofthe disclosure, the
promptness ofany efforts to remedy the disclosure, and
whether justice would be best served by permitting the
disclosing party to retrieve the document. Hydraflow,
Inc. v. Enidine, Inc., 145 F.R.D. 626 (W.D.N.Y. 1993).
Also termed middle-of-the-road test. Cf. lenient test;
strict test. [Cases; Privileged Communications and
Confidentiality C=> 168.]
hyperlink. (l988) Intellectual property. An element on a
Web page usu. a word, phrase, or graphic, but some
times a Single pixel that, when clicked on, takes the
user to another part ofthe same website or to a differ
ent website. A copyright violation occurs ifa person
knows or has reason to know that a link will be used for
unauthorized copying, and creates a link to encourage
or contribute to wrongful copying. -Often shortened

811 hypothetical-person defense
to link. [Cases: Copyrights and Intellectual Property
<::-::;::'67.3.] -hyperlink, vb.
hypertext markup language. The programming code
used on websites to format text and provide links
between resources. -Abbr. HTML.
hypertext transfer protocol. The set of programmed
rules that enable computers to exchange information
over the Internet . Browsers use http to contact other
computers. Abbr. http.
hypobolum (hi-pob-a-Iam), n. [Latin fro Greek] Civillaw.
A legacy given to a wife, in addition to her dowry, on
the death ofher husband. PI. hypobola.
hypothec (hI -poth-ek or hi-). (16c) Civil law. A mortgage
given to a creditor on property to secure a debt;
HYPOTHECA.
landlord's hypothec. Scots law. The lessor's right of
security for rent in articles, furniture, and equip
ment (other than tools ofthe tenant's trade) that the
tenant brought onto the leased premises. -Unlike
the English remedy of distress, the right of security
is effected only by the lessor's application to the court
for a decree of sequestration. Until 1880, a landlord
could assert the lien against a tenant's crops and stock
as well as personal property. See SEQUESTRATION FOR
RENT.
mariner's hypothec. 1. A lien that a seaman, freighter,
or repairer can assert against a ship for payment of
wages or other sums due. 2. A shipowner's lien against
the ship's cargo for the freight costs.
solicitor's hypothec. A legal agent's lien for costs in
excess of the costs recovered from an opposing
party.  The lien may also apply to the retention of
some documents, such as title deeds, as security for a
client's outstanding account.
hypotheca (hI-prl-thee-krl or hip-a-), n. [Latin fro Greek]
Roman law. A mortgage ofproperty in which the debtor
was allowed to keep, but not alienate, the property.
"Yet another mode of creating a security is possible, by
which not merely the ownership of a thing but its posses
sion also remains with the debtor. This is called by the
Roman lawyers and their modern followers 'hypotheca.'
Hypothecs may arise by the direct application of a rule
of law, by judicial decision, or by agreement." Thomas
E. Holland, The Elements ofJurisprudence 235 (13th ed.
1924).
hypothecaria actio (hI-poth-rl-kair-ee-a ak-shee-oh).
[Latin] Roman law. A hypothecary action; an action
to enforce a mortgage or to obtain the surrender ofthe
thing mortgaged. Also termed actio hypothecaria.
See hypothecary action under ACTION.
hypothecarii creditores (hI-poth-a-kair-ee-I kred-a-tor
eez). [Latin] Roman law. Hypothecary creditors; those
who lent money on the security of a hypotheca.
hypothecary (hI-poth-rl-ker-ee), adj. (I7c) Of, relating
to, or involving a hypothec or hypothecation.
hypothecary action. See ACTION (4).
hypothecary debt. See DEBT. hypothecate (hI-poth-a-kayt), vb. (l7c) To pledge
(property) as security or collateral for a debt, without
delivery oftitle or possession.
hypothecation (hr-potha-kay-sh,m), n. (l7c) The
pledging of something as security without delivery of
title or possession. [Cases: Pledges C-:J 1-26; Secured
Transactions C-::> 1.] -hypothecator (hI-poth-rl-kay
tar), n.
general hypothecation. 1. A debtor's pledge to allow
all the property named in the security instrument to
serve as collateral and to be used to satisfy the out
standing debt. 2. See tacit hypothecation (I), (2).
tacit hypothecation. 1. Civil law. A type of lien or
mortgage that is created by operation of law and
without the parties' express agreement. -Also termed
tacit mortgage. 2. See maritime lien under LIEN.
hypothecation bond. See BOND (2).
hypotheque (ee-poh-tek), n. French law. Hypothecation;
the right vested in a creditor by the assignment to the
creditor ofreal estate as security for a debt, whether or
not accompanied by possession . Hypotheque may be
legale, as the charge that the state has over the lands of
its accountants, or that a married woman has over the
lands ofher husband;judiciaire, when it is the result of
a judgment ofa court ofjustice; or conventionelle, when
it is the result ofthe parties' agreement.
hypothesis (hl-poth-;J-srls). (16c) 1. A supposition based
on evidence but not proven; a proposed explanation,
supported by evidence, that serves as a starting point
for investigation. 2. A theory or supposition proposed
for the sake ofdebate.
hypothetical, adj. (16c) 1. Involving tentative theory or
supposition adopted proviSionally; assumed or postu
lated merely for the sake ofargument.
hypothetical, n. (17c) A proposition or statement that is
presumed true for the sake oflogical analysis or debate.
 Hypotheticals are often used as teaching tools to
illustrate the application oflegal principles or to explore
the potential consequences of words and actions. See
HYPOTHETICAL QUESTION.
hypothetical contract. See conditional contract under
CONTRACT.
hypothetical creditor. See CREDITOR.
hypothetical lien creditor. See hypothetical creditor
under CREDITOR.
hypothetical negotiation. A judicial construct used to
calculate damages in a patent-infringement suit by
arriving at a figure that would have been reasonable
royalty acceptable to both parties. [Cases: Patents
318(4.1).]
hypothetical-person defense. (1979) An entrapment
defense in which the defendant asserts that an under
cover law-enforcement officer (or person acting at the
law-enforcement officer's direction) encouraged the
defendant to engage in the criminal conduct either by
making false representations deSigned to convince the
defendant that the conduct was not prohibited, or by

812 hypothetical pleading
using persuasive methods that created a substantial I hypothetical question. (1826) A trial device that
risk that the charged offense would be committed by a
person who was not otherwise inclined to commit it.
 This defense has been adopted by a minority ofstates
and by the Model Penal Code. -Also termed objective
method. See Model Penal Code  2.13. Cf. SHERMAK
SORRELLS DOCTRINE. [Cases: Criminal Law
hypothetical pleading. See PLEADING (1). solicits an expert witness's opinion based on assump
tions treated as facts established by evidence. -Also
termed abstract question. [Cases: Criminal Law
485; Evidence C=551; Witnesses C=237.J
hypothetical tenant. Hist. A fictional person used for
assessing property taxes, which are based on what the
person would pay to lease the property.

I
IABA. abbr. INTER-AMERICAN BAR ASSOCIATION.
IAF. abbr. INTER-AMERICAN FOUNDATION.
IAIP. abbr. INFORMATION ANALYSIS AND INFRASTRUC
TURE PROTECTION DIRECTORATE.
ibi. [Latin] There and then.
ibid. (ib-id). abbr. [Latin ibidem] (17c) In the same place.
 This abbreviation, used in citations (mostly outside
law), denotes that the reference is to a work cited imme
diately before, and that the cited matter appears on the
same page ofthe same book (unless a different page is
specified). Also termed lb. Cf. ID.
ICANN. abbr. INTERNET CORPORATION FOR ASSIGNED
NAMES AND :-lUMBERS.
ICC. abbr. 1. I:-ITERSTATE COMMERCE COMMISSION. 2.
INTERNATIONAL CRIMINAL COURT.
ICJ. abbr. INTER:-IATIONAL COURT OF JUSTICE.
ICPC. abbr. INTERSTATE COMPACT ON THE PLACEMENT
OF CHILDREN.
ICSID (ik-sid). abbr. INTERNATIONAL CENTRE FOR SET
TLEMENT OF INVESTMENT DISPUTES.
ICWA. abbr. INDIAN CHILD WELFARE ACT.
id. (id). abbr. [Latin idem] (17c) The same . ld. is used
in a legal citation to reter to the authority cited imme
diately before <Id. at 55>. Cf. IBID.
IDA. abbr. INVESTMENT-DIRECTION AGREEMENT.
IDEA. abbr. INDIVIDUALS WITH DISABILITIES EDUCA
TION ACT.
idea-expression dichotomy. Copyright. The fundamen
tal rule that copyright law protects only specific expres
sions ofan idea, not the idea itself. [Cases: Copyrights
and Intellectual Property C=4.5.]
idem per idem (I-dem par I-dem). [Latin) The same for
the same . This phrase refers to an illustration that
adds nothing to a matter under consideration.
idem sonans (I-dem soh-nanz), adj. [Latin] (1856) (Of
words or names) sounding the same, regardless of
spelling <the names Gene and Jean are idem sonans>.
 In trademark law, the term designates a name that
sounds close enough to a registered trademark to create
confusion among consumers and infringe that mark, so
the Steinway company was able to prevent a competitor
from registering "Steinberg" for the name ofits pianos.
[Cases: Names C=16; Trademarks (~J1098.]
'The names of parties should be correctly spelled, but
misspelling which does not change the sound works no
harm; it matters not how incorrectly names are spelled, if
they are idem sonans (the same sound)." Edwin E. Bryant,
The Law of Pleading Under the Codes of Civil Procedure
186 (2d ed. 1899). idem sonans (I-dem soh-nanz), n. [Latin] (1848) A legal
doctrine preventing a variant spelling of a name in a
document from voiding the document ifthe misspell
ing is pronounced the same way as the true spelling.
[Cases: NamesC=16.]
identification interrogatory. See INTERROGATORY.
identification of goods. (1887) A process that enables
a buyer to obtain an identifiable (and therefore insur
able) interest in goods before taking possession from
the seller . The goods are identified in any manner
agreed to by the parties. UCC  2-501. [Cases: Sales
~199,208.]
identification parade. See LINEUP.
identified adoption. See private adoption under
ADOPTION.
identify, vb. (I8c) L To prove the identity


ified adoption. See private adoption under
ADOPTION.
identify, vb. (I8c) L To prove the identity of(a person or
thing) <the witness identified the weapon>. 2. To look
upon as being associated (with) <the plaintiff was iden
tified with the environmental movement>. 3. To specify
(certain goods) as the object ofa contract <identify the
appliances to the contract>. See IDENTIFICATION OF
GOODS. [Cases: Sales C=199,208.]
identifying material. Copyright. A portion or represen
tation of an entire work deposited with the U.S. Copy
right Office . A copyright registrant is required to
deposit at least one complete copy of the work, and often
two. If a trade secret would be disclosed by a deposit
or the work's nature (e.g., a holograph) makes deposit
difficult, a substitution is acceptable. Common forms
of identifying material are drawings, photocopies, and
selected pages ofsoftware code and databases. [Cases:
Copyrights and Intellectual Property C-::: 50.10.]
identikit. A collection ofpictures offacial features, used
by police to create a composite image ofa suspect from
witnesses' descriptions . In Great Britain, the result
ing image is called a photofit.
identitate nominis (I-den-ti-tay-tee nom-a-nis). See DE
IDENTITATE NOMINIS.
identity. (16c) 1. The identical nature of two or more
things; esp., in patent law, the sameness in two devices
ofthe function performed, the way it is performed, and
the result achieved . Under the doctrine of equiva
lents, infringement may be found even if the accused
device is not identical to the claimed invention. See
DOCTRINE OF EQUIVALENTS. [Cases: Patents
234-237.] 2. Evidence. The authenticity of a person or
thing. [Cases: Criminal Law 339.5; Evidence
C=102.]
identity of interests. (18c) Civil procedure. A relation
ship between two parties who are so close that suing
one serves as notice to the other, so that the other may

be joined in the suit. Fed. R. Civ. P. 15(c)(l)(c). [Cases:
Limitation ofActions C=> 127.]
identity ofparties. (1803) Civil procedure. A relationship
between two parties who are so close that a judgment
against one prevents later action against the other
because ofres judicata. [Cases: Judgment C=>624-631,
665-678.]
identity theft. The unlawful taking and use of another
person's identifying information for fraudulent
purposes. Cf. GHOSTING. [Cases: False Pretenses
19.]
ideo (I-dee-oh), adv. [Latin] "Therefore: for that reason.
ideo consideratum est (I-dee-oh k;m-sid-d-ray-tdm est).
[Latin] Hist. Therefore it is considered . "These words
often prefaced a judgment at common law, and came
to refer to the judgment itself. Cf. CONSIDERATUM EST
PER CURIAM.
ideological aggression. 1. See hostile propaganda under
PROPAGANDA. 2. See subversive propaganda under PRO
PAGANDA.
Ides (Idz), n. [fr. Latin idus (pl.)] Roman law. In the
Roman calendar, the ninth day after the Nones, being
the 15th ofMarch, May, July, and October, and the 13th
of the other months . In the calculation of the day,
Nones is the first day counted. Cf. CALENDS; NONES.
idiochira (id-ee-oh-kI-ra). [Greek "one's own hand"]
Hist. An instrument executed privately, rather than
before a public officer; esp., a deed written in one's
own hand.
idiocy. Archaic. The condition of a person who, from
birth, has never had any glimmering of reasoning
or intellectual faculties. Also termed idiopathic
insanity.
idiot. A person afflicted with profound mental retarda
tion. This term has largely fallen out ofuse in modern
legal and medical contexts. Cf. IMBECILE.
idiota (id-ee-oh-ta). [Latin] Civil law. 1. An unlearned,
simple person. 2. A private person; one not in public
office.
idiota inquirendo (id-ee-oh-ta in-kwI-ren-doh or
in-kw<l-ren-doh). See DE IDIOTA INQUIRENDO.
id non agebatur (id non aj-d-bay-t<lr). [Law Latin] Scots
law. That was not done.
"The meaning of the words as they occur here is this: the
deceased, when he valued the subjects, did not intend to
depreciate their value for the purpose of benefiting the
executor, -this was not in his consideration at all this
was not what he did (id nan agebatur) by the valuation;
therefore, the executor is bound for the true value of the
subjects." John Trayner, Trayner's Latin Maxims 245 (4th
ed. 1894).
idoneis argumentis (l-doh-nee-is ahr-gyoo-men-tis).
[Law Latin] Hist. By suitable arguments.
idoneitas (I-doh-nee-;>-tas). [fro Latin idoneus "suitable"]
Hist. A person's ability or fitness. ~Also termed
idoneity. idoneum sefacere; idoneare se (I-doh-nee-am see fay-sa
ree; r-doh-nee-air-ee see). [Law Latin "to make oneself
sufficient; to clear oneself"] Hist. To purge oneself, by
oath, ofa crime that one is accused of committing.
idoneus (I-doh-nee-;)s), adj. [Latin] Roman law. (Of a
person or thing) appropriate or suitable . A respon
sible or solvent man, for example, was known as an
idoneus homo, while a pledge of sufficient security
was termed idonea cautio. Also spelled (in English)
idoneous.
IDP. abbr. INTERNALLY DISPLACED PERSON.
IDS. abbr. INFORMATION-DISCLOSURE STATEMENT.
i.e. abbr. [Latin id est] (17c) That is <the federal govern
ment's highest judicial body, i.e., the Supreme Court>.
Cf.E.G.
IEP. abbr. See lKDIVIDUALIZED EDGCATION PROGRAM.
IFP. abbr. IN FORMA PAUPERIS.
IFP affidavit. See poverty affidavit under AFFIDAVIT.
ignis judicium (ig-nis joo-dish-ee-<lm). [Latin] Hist. Trial
by fire. See fire ordeal under ORDEAL.
ignominy (ig-na-min-ee). Public disgrace or dishonor.
ignominious, adj.
ignoramus (ig-na-ray-mds). [Law Latin] Hist. We do not
know . This notation, when written on a bill ofindict
ment, indicated the grand jury's rejection ofthe bill. See
NOT FOUND; NO BILL. Cf. TRUE BILL.
'When the grand jury have heard the evidence, if they think
it a groundless accusation, they used formerly to endorse
on the back of the bill, 'ignoramus;' or, we know nothing
of it; intimating, that, though the facts might possibly
be true, that truth did not appear to them: but now they
assert in English, more absolutely, 'not a true bill;' and
then the party is discharged without farther answer." 4
William Blackstone, Commentaries on the Laws ofEngland
301 (1769).
ignorantia (ig-na-ran-shee-<}). [Latin] Ignorance; esp.,
ignorance of the law.
"Ignorantia . ... Divided in the civil law, into ignorantia facti
(ignorance of fact) and ignorantia juris (ignorance of law).
lord Coke accepts this division ...." 2 Alexander M. Burrill,
A Law Dictionary and Glossary 40 (2d ed. 1867).
ignorantia facti (ig-n;>-ran-shee-;> fak-tI). [Latin] Igno
rance of fact.
ignorantia jacti excusat (ig-na-ran-shee-a fak-tI ek
skyoo-sat or -zat). [Latin] Ignorance of fact is an
excuse; whatever is done under a mistaken impression
of a material fact is excused or provides grounds for
relief.  This maxim refers to the principle that acts
done and contracts made under mistake or ignorance
of a material fact are voidable. [Cases: Criminal Law
C=>33.]
"'Ignorantia facti excusat,' however, is obviously too
sweeping even for a general statement of law, because it
is clear (to mention only one point for the moment) that
if a certain deed would constitute exactly the same crime
under either of two factual situations, it will be no excuse
that one was mistaken for the other." Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 1044 (3d ed. 1982).

815
ignorantia juris (ig-n;)-ran-shee-;) joor-is). [Latin] 1.
Ignorance of law. -Under Roman law, this type of
ignorance was less likely than ignorantia facti to excuse
mistaken conduct, except in the case of minors and
people, such as women, under some legal disability. 2.
IG;'>IORANTIA JURIS NON EXCUSAT.
ignorantia juris non excusat (ig-n;)-ran-shee-~ joor-is
non ek-skyoo-sat or -zat). [Latin] Lack of knowledge
about a legal requirement or prohibition is never an
excuse to a criminal charge. _ In English, the idea is
commonly rendered ignorance ofthe law is no excuse.
Often shortened to ignorantia juris. Also termed
ignorantia juris neminem excusat (ignorance ofthe law
excuses no one); ignorantia legis non excusat: ignorantia
juris haud excusat. [Cases: Criminal Law C=:>32.]
"Almost the only knowledge of law possessed by many
people is that ignorance of it is no excuse (ignoYantiajuris
non excusat), This maxim was originally formulated at a
time when the list of crimes, broadly speaking, represented
current morality (mala in se), but we now have many other
crimes that are the result of administrative or social regula
tion (mala prohibita), which are equally governed by the
maxim, The rule is, then, that whereas ignorance of fact
can excuse, to the extent that it negatives mens rea or
fault, ignorance of the law generally does not." Glanville
Williams, Textbook ofCriminal Law40S (1978),
ignoratio elenchi (ig-n~-ray-shee-oh e-leng-kI or ig-n~
rab-tee-oh i-Ieng-kee). [Law Latin "ignorance of the
conclusion to be proved"] (l6c) An advocate's misun
derstanding of an opponent's position, manifested by
an argument that fails to address the opponent's point;
the overlooking of an opponent's counterargument.
This fallacy oflogic often involves an advocate's trying
to prove something that is immaterial to the point to
be decided.
ignore, vb. (lB01) 1. To refuse to notice, recognize, or
consider, 2. (Of a grand jury) to reject (an indictment)
as groundless; to no-bill (a charge).
ignoring, n. Family law. A parent's or caregiver's pattern
of depriving a child of essential intellectual or emo
tional stimulation or ofotherwise stifling a child's emo
tional growth and intellectual development, essentially
by being unavailable. Cf. ISOLATING; REJECTING.
lIED. abbr. INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS.
ill, adj. (Of a pleading) defective, bad, or null.
illation (i-lay-sh~n), (16c) l. The act or process of infer
ring, 2. An inference; that which is inferred.
il1egal, adj. Forbidden by law; unlawful <illegal
dumping> <an illegal drug>.
illegal alien. See ALIEN.
illegal bargain. See BARGAIN,
illegal consideration. See CONSIDERATION (1).
illegal contract. See CONTRACT, illicit
2. Immigration. The unauthorized entrance ofan alien
into the United States by arriving at the wrong time or
place, by evading inspection, or by fraud.
illegal interest. See USURY.
illegality, n. (l7c) l. An act that is not authorized by law.
2. The state of not being legally authorized.
"A contract made ultra vires is void; but not [strictly
speaking] on the ground of illegality. Lord Cairns .. , takes
exception to the use of the term 'illegality,' pointing out
that it is not the object of the contracting parties, but the
incapacity of one of them, that avoids the contract." William
R, Anson, Principles of the Law ofContract 190 (Arthur L
Corbin ed., 3d Am. ed, 1919).
"It must not be thought that illegality in the law of contract
is co-terminous with illegality in the criminal law, for a
contract may be illegal without involving any breach of the
criminal law at all." p.s. Atiyah, An Introduction to the Law
ofContract 257 (3d ed, 1981).
3. The state or condition ofbeing unlawfuL. The affir
mative defense of illegality must be expressly set forth
in the response to the opponent's pleading. Fed. R. Civ,
P.8(c).
illegally obtained evidence. See EVIDENCE.
illegal per se. Unlawful in and ofitself.
illegal rate. See INTEREST RATE.
illegal search. See unreasonable search under SEARCH.
illegal strike. See STRIKE.
illegal subdivision


illegal search. See unreasonable search under SEARCH.
illegal strike. See STRIKE.
illegal subdivision. See SUBDIVISION.
illegal tax. See TAX,
illegal tax protester. See TAX PROTESTER.
illegal vote. See VOTE (1).
illegitimacy. (17c) 1. Unlawfulness. 2. The status of a
person who is born outside a lawful marriage and who
is not later legitimated by the parents. Also termed
bastardy. Cf. LEGITIMACY. [Cases: Children Out-of-
Wedlock 1.]
illegitimate, adj. (l6c) 1. (Ofa child) born out oflawful
wedlock and never having been legitimated <illegiti
mate son> . Under modern ecclesiastical law, a child
born out of wedlock may be automatically legitimated
ifthe parents later marry. A child conceived while the
mother is married but born after she is divorced or
widowed is considered legitimate. [Cases: Children
Out-of-Wedlock 1.] 2. Against the law; unlawful
<illegitimate contract for the sale of contraband>.
3. Improper <illegitimate conduct>. 4. Incorrectly
inferred <illegitimate conclusion>. 5. Ecclesiastical law.
(Ofa child) born within a marriage that is regarded as
an invalid sacrament from its inception,
illegitimate child. See CHILD,
ill fame. Evil repute; notorious bad character. Cf. FAMA
PUBUCA,
illicenciatus (il-h-sen-shee-ay-t~s). [Law LatinI Without illegal entry. (IBc) 1. Criminal law. The unlawful act i license.of going into a building with the intent to commit a
crime. _ In some jurisdictions, illegal entry is a lesser illicit (i[l]-lis-;)t), adj. (16c) Illegal or improper <illicit
included offense of burglary. [Cases: Burglary relations>.

illicit cohabitation. See COHABITATION.
illicitum collegium (i-lis-<l-t<lm b-Iee-jee-<lm). [Latin]
Roman law. An illegal association; a collegium engaging
in illegal activity . Members ofan illicitum collegium
were subject to prosecution.
Illinois land trust. See land trust under TRUST.
illiquid asset. See ASSET.
illusory (i-Ioo-s<)-ree), adj. (17c) Deceptive; based on a
false impression.
illusory appointment. See APPOINTMENT (4).
Illusory Appointment Act. An 1830 English statute
providing that no appointment of property is to be
declared invalid on grounds that it is illusory . This
statute was repealed and reissued in 1925 as part ofthe
Law ofProperty Act.
illusory contract. See CONTRACT.
illusory promise. See PROMISE.
illusory tenant. See TE::-IANT.
illusory-transfer doctrine. The rule that the law disre
gards an inter vivos gift over which the donor retains so
much control that there is no good-faith intent to relin
quish the transferred property. The illusory-transfer
doctrine is usu. applied to inter vivos trusts in which
the settlor retains an excessive control or an interest
for instance, one in which the settlor retains the income
for life, the power to revoke, and substantial managerial
powers. The leading case on this doctrine is Newman
v. Dore, 9 N.E.2d 966 (N.Y. 1937). See colorable transfer
under TRANSFER. [Cases: Trusts (;::::>34(1).]
illusory trust. See TRUST.
illustrative evidence. See demonstrative evidence under
EVIDENCE.
imaginary damages. See punitive damages under
DAMAGES.
imagining. See COMPASSING.
imbargo. Archaic. See EMBARGO (1).
imbecile (im-ba-sal or -sil). A person afflicted with severe
mental retardation. Cf. IDIOT.
imbezzle. Archaic. See EMBEZZLE.
imbracery. See EMBRACERY.
IMCO. abbr. INTERGOVERNMENTAL MARITIME CONSUL
TATIVE ORGANIZATION.
IME. abbr. 1. INDEPENDENT MEDICAL EXAMINATION. 2.
INDEPENDENT MENTAL EVALUATION.
IMF. abbr. INTERNATIONAL MONETARY FUND.
imitation. Trademarks. An item that so resembles a
trademarked item as to be likely to induce the belief
that it is genuine. See SIMILARITY. [Cases: Trademarks
(::::::'1095.J
"The law of trade marks is of recent origin, and may be
comprehended in the proposition that a dealer 'has a
property in his trade mark.' The ownership is allowed to
him. that he may have the exclusive benefit of the reputa
tion which his skill has given to articles made by him. and
that no other person may be able to sell to the public. as his. that which is not his. An imitation of his mark, with
partial differences such as the public would not observe,
does him the same harm as an entire counterfeit. If the
wholesale buyer, who is most conversant with the marks,
is not misled, but the small retailer or the consumer is, the
injury is the same in law. and differs only in degree." Clark
v. Clark. 25 Barb. 76 (N.Y. 1857).
"It is no excuse that one using the trade-marks of another
informs his dealers of the imitation. for succeeding sellers
may not make similar disclosures." James Kent, 2 Com
mentaries on American Law *372 n. 8 (George Comstock
ed., 11 th ed. 1866).
IMLS. abbr. I::-ISTITUTE OF MUSEUM AND LIBRARY
SERVICES.
immaterial, adj. (1893) (Of evidence) tending to prove
some fact that is not properly at issue; lacking any
logical connection with the consequential facts. Cf.
IRRELEVANT. [Cases: Criminal Law (;::::>338; Evidence
(;::::>143.] immateriality, n.
''The rules of substantive law and of pleading are what
determine immateriality; and if the probandum is imma
terial, of course no evidence to prove it is wanted." John
H. Wigmore, A Students' Textbook of the Law of Evidence
37 (1935).
immaterial averment. See AVERMENT.
immaterial evidence. See EVIDENCE.
immaterial fact. See FACT.
immaterial issue. See ISSUE (1).
immaterial variance. See VARIANCE (1).
immatriculation. Int'llaw. The grant of nationality to
and enrollment on the national registry ofa merchant
ship, thereby giving the ship the right to fly the regis
tering nation's flag.
immaturity. See MINORITY (1).
immediate, adj. (15c) L Occurring without delay; instant
<an immediate acceptance>. 2. Not separated by other
persons or things <her immediate neighbor>. 3. Having
a direct impact; without an intervening agency <the
immediate cause of the accident>. Cf. PROXIMATE.
[Cases: Negligence (;::::>385.] -immediacy, immedi
ateness, n.
immediate annuity. See ANNUITY.
immediate breach. See BREACH OF CONTRACT.
immediate cause. See CAUSE (1).
immediate control. (1962) Criminal procedure. 1. The
area within an arrestee's reach . A police officer may
conduct a warrantless search ofthis area to ensure the
officer's safety and to prevent the arrestee from destroy
ing evidence. [Cases: Arrest (;::::>71.1(5); Automobiles
(;::::>349.5(10).) 2. Vehicular control that is close enough
to allow the driver to instantly govern the vehicle's
movements . A driver's failure to maintain immedi
ate control over the vehicle could be evidence of neg
ligence.
immediate death. See DEATH.
immediate descent. See DESCENT.
immediate family. See FAMILY.

811
immediate intent. See INTENT (1).
immediately-apparent requirement. (1978) Criminal
procedure. The principle that a police officer must have
probable cause to believe that an item is contraband
before seizing it . This plain-view exception to the
warrant requirement was first announced in Coolidge v.
New Hampshire, 403 U.S. 443, 91 S.Ct. 2022 (1971).
"An object may not be seized from a car merely because the
police plain view of it was lawfully acquired; there must be
probable cause that the object is a fruit, instrumentality or
evidence of crime. And under the 'immediately apparent'
requirement of Coolidge v. New Hampshire, this probable
cause must be determined without examination of the
object other than is justified by the purpose underlying
police entry of the vehicle." Wayne R. LaFave & Jerold H.
Israel, Criminal Procedure  3.7, at 201 (2d ed. 1992).
immediately harmful behavior. See HARMFUL BEHA
VIOR.
immediately pending motion. See MOTION (2).
immediate notice. See NOTICE.
immediate-notice clause. Insurance. A provision in
many insurance policies obligating the insured to notify
the insurer as soon as possible after a claim arises . A
requirement in a policy for "prompt" or "immediate"
notice or that notice must be given "immediately,"
"at once," "forthwith," "as soon as practicable," or "as
soon as possible" -generally means that the notice
must be given within a reasonable time under the cir
cumstances. [Cases: Insurance ~3154.]
immediate past president. 1. See PRESIDENT. 2. See
EMERITUS.
immediate possession. See POSSESSION.
immemorial (im-a-mor-ee-al), adj. (l7c) Beyond
memory or record; very old. See TIME IMMEMORIAL.
immemorial possession. See POSSESSION.
immemorial usage. See USAGE.
immigrant. (l8c) A person who enters a country to
settle there permanently; a person who immigrates.
Cf. EMIGRANT.
alien immigrant. An immigrant who has not yet been
naturalized.
immigration, n. (17c) The act ofentering a country with
the intention of settling there permanently. Cf. EMI
GRATION. [Cases: Aliens, Immigration, and Citizenship
(,..~ 100-430.] -immigrate, vb. immigrant, n.
Immigration and Nationality Act. A comprehensive
federal law regulating immigration, naturalization, and
the exclusion of aliens. 8 USCA  1101-1537. -Also
termed Nationality Act. [Cases: Aliens, Immigration,
and Citizenship ~102.]
Immigration and Naturalization Service. A former U.S.
Department ofJustice agency that administered the
Immigration and Nationality Act and operates the U.S.
Border Patrol. -Abbr. INS. See UNITED STATES CITI
ZENSHIP AND IMMIGRATION SERVICES. [Cases: Aliens,
Immigration, and Citizenship ~140-155.] immunity
Immigration Appeals Board. See BOARD OF IMMIGRA
TION APPEALS.
imminent danger. See DANGER.
imminent hazard. See HAZARD (1).
imminently dangerous. See DANGEROUS.
imminent-peril doctrine. See EMERGENCY DOCTRINE
(1).
immiscere (i-mis-a-ree), vb. [Latin] Roman law. To mix
or mingle with; to meddle with . This term took on the
figurative sense of meddling in another's affairs (e.g.,
acting as ifone were an heir), for which a person could
be held accountable.
immobilia (im-<l-bil-ee-<l). Immovables. -Also termed
res immobiles (reez i-moh-b<l-leez).
immobilia situm sequuntur (im-a-bil-ee-<l sl-tam
sa-kwan-tar). [Latin] Immovable things follow their
site. This principle means that immovables are
governed by the law ofthe place where they are fixed.
Sometimes shortened to immobilia situm.
immobilis, adj. (i-moh-b<l-lis). [Latin] Immovable.
immobilize, vb. (1871) To make immobile; esp., to turn
(movable property) into immovable property or to turn
(circulating capital) into fixed capital.
immoral consideration. See CONSIDERATION (1).
immoral contract. See CONTRACT.
immoral subject matter. 1. Patents. Inventions that do
not have a socially beneficial use . In the past, patents
were denied for some categories of inventions, such
as gambling devices and fraudulent products, esp.
medicines. The doctrine is rarely used today. [Cases:
Patents ~46.] 2. Trademarks. SCANDALOUS SUBJECT
MATTER.
immovable, n. (usu. pl.) (16c) Property that cannot be
moved; an object so firmly attached to land that it is
regarded as part ofthe land. Also termed immovable
thing. See FIXTURE. Cf. MOVABLE. [Cases: Fixtures
1; Property (::::'4.] immovable, adj.
"Considered in its legal aspect, an immovable, that is to
say, a piece of land, includes the following elements: -1.
A determinate portion of the earth's surface. 2. The ground
beneath the surface down to the centre of the world. All the
pieces of land in England meet together in one terminable
point at the earth's centre. 3. Possibly the column of space
above the surface ad infinitum." John Salmond, Jurispru


's centre. 3. Possibly the column of space
above the surface ad infinitum." John Salmond, Jurispru
dence 428 (Glanville L. Williams ed., 10th ed. 1947).
immovable fixture. See FIXTURE.
immune, adj. Having immunity; exempt from a duty
or liability.
immunity. (14c) 1. Any exemption from a duty, liability,
or service of process; esp., such an exemption granted to
a public official or governmental unit. Cf. IMPUNITY.
"An immunity is a defense to tort liability which is con
ferred upon an entire group or class of persons or entities
under circumstances where considerations of public policy
are thought to require special protection for the person,
activity or entity in question at the expense of those injured
by its tortious act. Historically, tort litigation against units
of government, public officers, and charities, and between

818 immunity
spouses, parents and children, has been limited or pro
hibited on this basis." Edwardj. Kionka, Torts in a Nutshell
341 (2d ed. 1992).
absolute immunity. (17c) A complete exemption from
civil liability, usu. afforded to officials while perform
ing particularly important functions, such as a rep
resentative enacting legislation and a judge presiding
over a lawsuit. Cf. qualified immunity. [Cases: Officers
and Public Employees~;:, 114.]
congressional immunity. (1969) Either of two special
immunities given to members of Congress: (1) the
exemption from arrest while attending a session of
the body to which the member belongs, excluding an
arrest for treason, breach of the peace, or a felony,
or (2) the exemption from arrest or questioning for
any speech or debate entered into during a legislative
session. U.S. Const. art. I,  6, cl. 1. See SPEECH AND
DEBATE CLAUSE. [Cases: United States C::;) 12.]
constitutional immunity. (1852) Immunity created by
a constitution.
diplomatic immunity. (1911) 1he general exemption of
diplomatic ministers from the operation oflocallaw,
the exception being that a minister who is plotting
against the security ofthe host nation may be arrested
and sent out of the country. A minister's family
shares in diplomatic immunity to a great, though ill
defined, degree. [Cases: Ambassadors and Consuls
C=>3.]
discretionary immunity. (1965) A qualified immunity
for a public official's acts, granted when the act in
question required the exercise of judgment in carrying
out official duties (such as planning and policy-mak
ing). 28 USCA  2680(a). [Cases: Municipal Corpora
tions (:=)728.]
"Probably no one test will control the decision on discre
tionary immunity. Although the fact that the government
has omitted to act is not in itself a defense, the discretion
ary immunity is frequently emphasized in nonfeasance
cases. On the other hand, where the government's activity
is affirmative, specific, and in violation of a statute, regu
lation, or constitutional provision imposing a duty upon
government, courts are often willing to say there is no
room for discretion." Prosser and Keeton on the Law of Torts
 131, at 1041-42 (W. Page Keeton ed., 5th ed. 1984).
executive immunity. (1941) 1. The absolute immunity
of the U.S. President or a state governor from civil
damages for actions that are within the scope of
official responsibilities. lCases: United States ~;)
26.] 2. The qualified immunity from civil claims
against lesser executive officials, who are liable only
iftheir conduct violates dearly established constitu
tional or statutory rights . Executive immunity gen
erally protects an official while carrying out clearly
established responsibilities about which a reasonable
person would know. Cf. executive privilege under
PRIVILEGE (3).
foreign immunity. The immunity of a foreign sover
eign, its agents, and its instrumentalities from liti
gation in U.S. courts. [Cases: International Law
10.31-10.39.] government immunity. See sovereign immunity.
intergovernmental immunity. (1935) The immunity
between the federal and state governments based on
their independent sovereignty. See I:>ITERGOVERN
MENTAL-IMMUNITY DOCTRINE.
judicial immunity. (1850) The immunity of a judge
from civil liability arising from the performance of
judicial duties. [Cases: Judges C=>36.]
legislative immunity. (1890) The immunity ofa legisla
tor from civil liability arising from the pertormance of
legislative duties. See congressional immunity. [Cases:
Municipal Corporations ~~,170.]
prosecutorial immunity. The absolute immunity of
a prosecutor from civil liability for decisions made
and actions taken in a criminal prosecution. [Cases:
District and Prosecuting Attorneys C=> 10;]
qualified immunity. (1877) Immunity from civillia
bility for a public official who is performing a dis
cretionary function, as long as the conduct does not
violate clearly established constitutional or statu
tory rights. Also termed prima facie privilege. Cf.
absolute immunity. [Cases: Civil Rights C=> 1376;
Officers and Public Employees (:=.) 114.]
sovereign immunity. (1857) 1. A government's
immunity from being sued in its own courts without
its consent.  Congress has waived most ofthe federal
government's sovereign immunity. See FEDERAL
TORT CLAIMS ACT. [Cases: United States C=> 125.] 2.
A state's immunity from being sued in federal court
by the state's own citizens. Also termed government
immunity; governmental immunity.
work-product immunity. See WORK-PRODUCT RULE.
2. Torts. A doctrine proViding a complete defense to a
tort action. Unlike a privilege, immunity does not
negate the tort, and it must be raised affirmatively or it
will be waived. Cf. PRIVILEGE (2).
charitable immunity. (1935) The immunity ofa chari
table organization from tort liability. -This immunity
has been eliminated or restricted in most states.
Also termed eleemosynary defense. [Cases: Charities
C=>45(2).]
corporate immunity. A corporate officer's immunity
from personal liability for a tortious act committed
while acting in good faith and within the course of
corporate duties.
husband-wife immunity. (1951) The immunity of
one spouse from a tort action by the other spouse
for personal injury . The immunity arose from the
age-old notion that a husband and wife were one in
the eyes of the law, so that one could not injure the
other there being no "other." Most states and the
District ofColumbia have abolished interspousal tort
immunity either by judicial opinion or by statute.
Some states have abolished the rule only in specific
instances such as intentional or vehicular torts.
Also termed interspousal immunity; interspousal tort

819
immunity; marital immunity. [Cases: Husband and
Wife (::::>205(2).]
interspousal immunity. See husband-wife immunity
judgmental immunity. See ERROR-OF-JUDGMENT
RULE.
marital immunity. See husband-wife immunity.
parental immunity. (1930) 1. The principle that children
cannot sue their parents, and that parents cannot sue
their children, for tort claims. This tort immunity
did not exist at English common law; it was created
by American courts, first appearing in Hewellette v.
George, 9 So. 885 (Miss. 1891). Many courts have abol
ished the doctrine for some purposes, such as actions
by unemancipated minors against parents to recover
for injuries sustained in motor-vehicle accidents.
See, e.g., Merrick v. Sutterlin, 610 P.2d 891 (Wash.
1980) (en bane). Nor does the immunity apply when
an injury is inflicted by the parent or child through
willful, wanton, or criminal conduct. See, e.g., Nudd v.
Matsoukas, 131 N.E.2d 525 (Ill. 1956). Also termed
parent-child immunity; parental-immunity doctrine.
[Cases: Parent and Child ~'")1l.]2. The principle
that parents are not liable for damages caused by the
ordinary negligence oftheir minor child. Cf. PAREN
TAL-LIABILITY STATUTE. [Cases: Parent and Child
(;::J 13.5(2).]
3. Criminal law. Freedom from prosecution granted
by the government in exchange for the person's testi
mony. By granting immunity, the government can
compel testimony despite the Fifth Amendment
right against self-incrimination -because that testi
mony can no longer incriminate the witness. [Cases:
Criminal Law (::::>42.]
pocket immunity. (I983) Immunity that results from
the prosecutor's decision not to prosecute, instead
offrom a formal grant ofimmunity. -Also termed
informal immunity. [Cases: Criminal Law (::::>42.]
testimonial immunity. (1938) Immunity from the use
ofthe compelled testimony against the witness. Any
information derived from that testimony, however,
is generally admissible against the witness. [Cases:
Criminal Law (::::>42; Witnesses (::::>304.]
'Testimonial immunity is a logical corollary to a person's
fifth amendment right not to 'be compelied in any criminal
case to be a witness against himself.' It provides that when
a witness is compelled to testify for any reason, his testi
mony cannot be used against him in a subsequent criminal
proceeding. It also follows that the immunity is not avail
able where the witness testifies voluntarily, and that the
protection applies only in a subsequent criminal prosecu
tion in which the witness is subject to prosecution for an
offense related to his earlier testimony." 2 Paul H. Robinson,
Criminal Law Defenses  205, at 482-83 (1984).
transactional immunity. (1966) Immunity from pros
ecution for any event or transaction described in the
compelled testimony . This is the broadest form of
immunity. [Cases: Criminal Law (::::>42.]
use immunity. (1970) Immunity from the use of the
compelled testimony (or any information derived
from that testimony) in a future prosecution against imparl
the witness. After granting use immunity, the gov
ernment can still prosecute ifit shows that its evidence
comes from a legitimate independent source. -Also
termed use/derivative-use immunity; derivative-use
immunity. [Cases: Criminal Law (""::>42.]
4. Freedom of a person against having a given legal
relation altered by someone else's act or omission.
immunize, vb. (1892) To grant immunity to <the new
legislation immunized the police officers from liabil
ity>.
impacted area. A region that is affected by some event;
esp., a region in which the school population increases
due to an influx offederal employees who are working
on a federal project or activity, but the tax revenue
declines due to the U.S. government's immunity from
local taxes.
impact rule. (1865) Torts. The common-law require
ment that physical contact must have occurred to allow
damages for negligent infliction ofemotional distress .
This rule has been abandoned in most jurisdictions.
Also termed physical-impact rule. [Cases: Damages
57.16(2).]
impair, vb. (17c) To diminish the value of(property or a
property right) . This term is commonly used in refer
ence to diminishing the value ofa contractual obliga
tion to the point that the contract becomes invalid or a
party loses the benefit ofthe contract. See CONTRACTS
CLAUSE.
impaired capital. See CAPITAL.
impairing the morals ofa minor. (1931) The offense of
an adult's engaging in sex-related acts, short of inter
course, with a minor. Examples of this conduct are
fondling, taking obscene photographs, and showing
pornographic materials. -Also termed unlawful
sexual conduct with a minor; corrupting; corruption of
a minor. Cf. CONTRIBUTI"'G TO THE DELINQUENCY OF
A MI"'OR. [Cases: Infants 13.]
impairment, n. (14c) The fact or state ofbeing damaged,
weakened, or diminished <impairment of collat
eral>. -impair, vb.
severe impairment. In social-security or disability
law, a physical or mental impairment that greatly
restricts a person's ability to perform ordinary, neces
sary tasks ofdaily life. See DISABIUTY (2); MAJOR LIFE
ACTIVITY. [Cases: Social Security and Public Welfare
C=140.20.]
impalement, n. (l7c) Hist. An ancient mode of inflict
ing punishment by thrusting a sharp pole through the
body. Formerly also spelled empalement. -impale,
vb.
impanel, vb. See EMPANEL.
impaneled jury. See JURY.
imparcare (im-pahr-kair-ee), vb. [Law Latin "to enclose"]
Hist. To impound; to confine in prison. See CAReER.
imparl (im-pahrl), vb. 1. Hist. To request or obtain an
imparlance. 2. To confer with the opposing party in

820 imparlance
an effort to settle a dispute amicably; to discuss settle
ment.
imparlance (im-pahr-l~nts). Hist. 1. A continuance
granted for the purpose ofgiving the requesting party
(usu. the defendant) further time to answer the adver
sary's last pleading (esp. the plaintiff'


(usu. the defendant) further time to answer the adver
sary's last pleading (esp. the plaintiff's writ, bill, or
count), often so that the parties will have time to settle
the dispute. -Imparlances were abolished in England
in 1853.2. A petition for such a continuance. 3. The per
mission granting such a continuance. -Formerly also
spelled emparlance. -Also termed licentia loquendi.
"After defence made, the defendant must put in his plea.
But, before he pleads, he is entitled to demand one impar'
lance, or licentia loql.lendi, and may have more granted
by consent of the plaintiff; to see if he can end the matter
amicably without farther suit, by talking with the plain
tiff ...." 3 William Blackstone, Commentaries on the Laws
ofEngland 298 (1768).
"An imparlance is the time allowed by the court to
either party, upon request, to answer the pleading of
his opponent. Imparlance, from the French 'parler' -to
speak in its most common signification, means time to
plead. Formerly the parties, in the course of oral pleadings,
were allowed time to speak or confer with one another, so
that they might endeavor to settle the matters in dispute,
and later, when the pleadings came to be in writing, the
court permitted a certain time for each to plead to or
answer the pleading of his opponent. In modern practice
the term is rarely used ...." BenjaminJ. Shipman, Handbook
of CommonLaw Pleading  234, at 405 (Henry Winthrop
Ballantine ed., 3d ed. 1923).
general imparlance. The allowance of time until the
court's next term, without reserving to the defen
dant the benefit of any exception. -With this type
ofimparlance, the requesting defendant cannot later
object to the jurisdiction of the court or plead any
matter in abatement.
general special imparlance. The allowance of time
with a saving of all exceptions, so that a defendant
might later plead not only in abatement but also to
the jurisdiction.
special imparlance. The allowance of time with a
saving only of exceptions to the writ, bill, or count,
but not to the court's jurisdiction.
impartial, adj. (16c) Unbiased; disinterested.
impartial chair. (1993) 1. ARBITRATOR. 2. MEDIATOR.
Also termed impartial chairman.
impartial expert. See EXPERT.
impartial jury. See JURY.
impartible (im-pahr-t;J-b;Jl), adj. (14c) Indivisible <an
impartible estate>.
impartible feud. See FEUD (1).
impasse (im-pas). A point in negotiations at which
agreement cannot be reached. - A neutral third party
(such as a mediator) is often called in to help resolve
an impasse.
"Not only is the employer free after impasse to implement
changes already offered to the union, but either party is
free after impasse to decline to negotiate further. Since
impasse signifies that the parties have exhausted (at least
temporarily) the avenues of bargaining, termination of bargaining at that point cannot be thought to demon
strate a cast of mind against reaching agreement." Robert
A. Gorman, Basic Text on Labor Law: Unionization and Col
lective Bargaining 447 (1976).
impeach, vb. (14c) 1. To charge with a crime or miscon
duct; esp., to formally charge (a public official) with a
violation of the public trust <President Nixon resigned
from office to avoid being impeached>. _ Impeaching
a federal official, such as the President, the Vice Presi
dent, or a judge, requires that a majority of the U.S.
House of Representatives vote to return at least one
article of impeachment to the U.S. Senate, itemizing
the charges and explaining their factual grounds. Even
if an official is impeached, removal from office does
not occur unless two-thirds of the senators who are
present vote for conviction. 2. To discredit the veracity
of (a witness) <the lawyer hoped that her star witness
wouldn't be impeached on cross-examination>. [Cases:
Witnesses (;::>311-409.]3. To challenge the accuracy or
authenticity of (a document) <the handwriting expert
impeached the holographic will>.
impeachable offense. An offense for which a public
official may legally be impeached, during the first step
in a two-step process that may, depending on the vote
in the U.S. Senate, lead to the official's removal from
office. -The U.S. Constitution states that "[tlhe Presi
dent, Vice President and all civil Officers ofthe United
States, shall be removed from Office on Impeachment
for, and Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors." The meaning of this
language was much debated during the impeachment
and trial of President Bill Clinton, against whom two
articles ofimpeachment were returned by the House of
Representatives. 1he question arose concerning what
type of misdemeanor will suffice, and whether the
high in high crimes modifies misdemeanors as well. No
definitive answer resulted from the proceedings.
impeachment. (l6c) 1. The act (by a legislature) ofcalling
for the removal from office ofa public official, accom
plished by presenting a written charge of the official's
alleged misconduct; esp., the initiation ofa proceeding
in the U.S. House of Representatives against a federal
official, such as the President or a judge. Also termed
formal impeachment. _ Congress's authority to remove
a federal official stems from Article II, Section 4 of
the Constitution, which authorizes the removal of an
official for "Treason, Bribery, or other high Crimes and
Misdemeanors." The grounds upon which an official
can be removed do not, however, have to be criminal in
nature. They usu. involve some type of abuse of power
or breach of the public trust. Articles of impeach
ment which can be approved by a simple majority in
the House serve as the charging instrument for the
later trial in the Senate. Ifthe President is impeached,
the ChiefJustice of the Supreme Court presides over the
Senate trial. The defendant can be removed from office
by the vote of a two-thirds majority ofthe senators who
are present. In the United Kingdom, impeachment is
by the House of Commons and trial by the House of
Lords. But no case has arisen there since 1801, and

821 imperitia
many British scholars consider impeachment obsolete.
[Cases: United States <:>35.] 2. The act of discredit
ing a witness, as by catching the witness in a lie or by
demonstrating that the witness has been convicted of
a criminal offense. [Cases: Witnesses C::::)31l-409.] 3.
The act of challenging the accuracy or authenticity of
evidence.
formal impeachment. 1. The discrediting ofa witness's
testimony by confronting the witness with his or her
specific untruthful acts, prior convictions, prior
inconsistent statements, or the like. 2. See IMPEACH
MENT (1).
impeachment court. See COURT FOR THE TRIALS OF
IMPEACHMENT.
impeachment evidence. See EVIDENCE.
impeachment ofverdict. (1821) A party's attack on a
verdict, alleging impropriety by a member of the jury.
[Cases: New Trial <:>44, 143; Trial <:>344.]
impeachment ofwaste. Hist. An action for waste against
the tenant of the harmed property.
"[FIor above five hundred years past, all tenants for life
or for any less estate, have been punishable or liable
to be impeached for waste, both voluntary and permis'
sive; unless their leases be made, as sometimes they are,
without impeachment of waste ... :. 2 William Blackstone,
Commentaries on the Laws ofEngland 283 (1766).
impechiare (im-pee-chee-air-ee), vb. [fro Law French
empescher "to impeach"] Hist. To impeach; to accuse.
impediens (im-pee-dee-enz). [Law Latin] Hist. A person
who hinders. _ The defendant (or deforciant) in a fine of
conveyance was sometimes so called. See FINE (1).
impediment (im-ped-;:l-m;:lnt). (14c) A hindrance or
obstruction; esp., some fact (such as legal minority)
that bars a marriage ifknown beforehand and, if dis
covered after the ceremony, renders the marriage void
or voidable.
canonical impediment. A ground for annulment recog
nized by canon law and developed by the ecclesiastical
courts of the Roman Catholic Church. -Canonical
impediments include affinity, impotence, disparity of
worship, and previous religious profession.
civil impediment. A ground for annulment recognized
by civil law ofcontracts, such as minority, unsound
ness of mind, fraud, and duress. _ The defects of
fraud and duress may be waived, and the parties may
confirm the marriage.
diriment impediment (dir-Cl-m<Jnt im-ped-;:l-m;:lnt), n.
[fro Latin dirimens impedimentum "nullifying impedi
ment"] A fact that raises an absolute bar to marriage
and renders a contracted marriage void. -Diriment
impediments include consanguinity within a prohib
ited degree and a prior undissolved marriage. Also
termed impedimenta dirimentia.
impedimenta dirimentia. See diriment impediment
under IMPEDIMENT. impedimentum rebus agendis (im-ped-;:l-men-t;:lm
ree-b;:ls <l-jen-dis). [Law Latin] Hist. A hindrance to
the transaction ofbusiness.
impeditor (im-ped-;:l-t;:lr). [Law Latin] Hist. A person
who interferes with a patron's right of advowson, i.e.,
the right to appoint a clerk to a benefice. -Also termed
disturber. See DE CLERICO ADMITTENDO.
impensae (im-pen-see), n. pl. [Latin] Roman law. Expen
ditures made on a thing.
impensae necessariae (im-pen-see nes-;:l-sair-ee-ee).
Expenditures necessary to prevent deterioration,
destruction, or loss of a thing -such as money
expended for building repair or maintenance.
impensae utiles (im-pen-see yoo-t;:l-leez). Useful
expenditures that improve something and increase
its selling value.
impensae voluptariae (im-pen-see vol-;:lp-tair-ee-ee).
Expenditures made on a thing for ornamental
purposes only.
imperative authority. See AUTHORITY (4).
imperative law. See LAW.
imperative theory of law. (1909) The theory that law
consists ofthe general commands issued by a country or
other political community to its subjects and enforced
by courts with the sanction ofphysical force. -Impera
tive theorists believe that if there are rules predating
or independent ofthe country, those rules may closely
resemble law or even substitute for it, but they are not
law. See POSITIVE LAW. C[ NATURAL LAW.
imperfect defense. See DEFENSE (1).
imperfect duty. See DUTY (1).
imperfect grant. See GRANT.
imperfect justification. See JUSTIFICATION.
imperfect obligation. See moral obligation under OBLI
GATION.
imperfect ownership. See OWNERSHIP.
imperfect right. See RIGHT.
imperfect self-defense. See SELF-DEFENSE.
imperfect statute. See STATUTE.
imperfect title. See TITLE (2).
imperfect trust. See executory trust under TRUST.
imperfect usufruct. See quasi-usufruct (1) under usu-
FRUCT.
imperfect war. See WAR.
imperial state. See STATE.
imperitia (im-p;:l-rish-ee-<l), n. [Latin] Roman law. Lack
of skill or competence; inexperience. -The Romans
considered imperitia to be a type of culpa that gave rise
to liability in tort or liability under a contract calling
for the rendering ofservices (such as a locatio conductio
operis). Imperitus could denote a person, such as a judge
who was incompetent in what he undertook.

imperium 822
imperium (im-peer-ee-dm), n. [Latin] Roman law.
Power or dominion; esp., the legal authority wielded by
superior magistrates under the Republic, and later by
the emperor under the Empire . Imperium implied the
right ofmilitary command, and the powers ofcorporal
punishment, and oflife and death over citizens. It was
symbolized by the lictors who carried the fasces and
an ax, which symbolized those powers. Imperium was
also used less technically; it applied to lesser types
of authority under Roman law, and thus had differ
ent meanings. For example, imperium domesticum
described the power of the head ofa household.
imperium merum (im-peer-ee-dm meer-dm). [Latin
"bare power" or "absolute executive power"] Roman
law. A higher magistrate's power to use force to
repress crime.
imperium mixtum (im-peer-ee-dm miks-tdm). [Latin
"mixed power"] Roman law. A magistrate's authority
to make and enforce decisions in civil and criminal
matters.
impermissible comment on the evidence. See COMMENT
ON THE EVIDENCE.
impersonal. See IN REM.
impersonation. (18c) The act of impersonating
someone. Also termed personation.
false impersonation. (1878) The crime offalsely repre
senting oneself as another person, usu. a law-enforce
ment officer, for the purpose of deceiving someone.
See 18 USCA  912-917. Also termed false person
ation. (Cases: False Personation ~~1.]
impertinent, adj.


-917. Also termed false person
ation. (Cases: False Personation ~~1.]
impertinent, adj. See IRRELEVANT.
impertinent evidence. See EVIDENCE.
impertinent matter. (18c) Procedure. In pleading,
matter that is not relevant to the action or defense.
 A federal court may strike any impertinent matter
from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDAL
ous MATTER. [Cases: Federal Civil Procedure (;:"::>1127;
Pleading 364(4).]
''The court will not strike out the matter unless its imperti
nence clearly appears; for if erroneously stricken out, the
error is irremediable; if left to stand, the court may set the
matter right in taxing the costs. Matter which is scandalous
is also impertinent." William C. Anderson. A Dictionary Of
Law 526 (1889).
impescare (im-pd-skair-ee), vb. (fr. Law French empe
scher "to impeach"] Hist. To impeach; to accuse.
impetitio vasti (im-p.Hish-ee-oh vas-tT). See IMPEACH
MENT OF WASTE.
impetrare (im-pd-trair-ee), vb. [Latin] Roman law. To
obtain by request . This word often appeared in peti
tions requesting a formula for an action from a praetor.
It performed a similar function under English law for
those seeking a writ from Chancery. The English word
impetrate derives from this Latinism. Cf. FORMULA.
impetration (im-pd-tray-shdn). 1. Hist. The act ofpeti
tioning for a writ. 2. Hist. Eccles. law. The act ofobtaining a papal benefice for bestowal by the king or other
lay patron. -impetrate, vb.
impignorata (im-pig-n<'l-ray-td). [Law Latin] Hist. Given
in pledge; pledged or mortgaged.
impignoration (im-pig-nd-ray-sh<ln), n. Hist. The act of
pawning or putting to pledge. -impignorate, vb.
impinge, vb. (17c) To encroach or infringe (on or upon)
<impinge on the defendant's rights>.
implacitare (im-plas-<'l-tair-ee), vb. [fro Latin placitum
"plea"] Hist. To implead; to sue.
implead, vb. (14c) 1. To bring (someone) into a lawsuit;
esp., to bring (a new party) into the action. Cf. INTER
PLEAD. 2. Hist. To bring an action against; to accuse.
Formerly also spelled emplead; empleet. Federal
Civil Procedure c>281-297; Parties
impleader, n. (1918) A procedure by which a third party
is brought into a lawsuit, esp. by a defendant who seeks
to shift liability to someone not sued by the plaintiff.
Fed. R. Civ. P. 14. -Also termed third-party practice;
vouching-in. Cf. INTERPLEADER; INTERVENTION (1).
[Cases: Federal Civil Procedure C=)281-297; Parties
(;:"::>49.]
implementation plan. Environmental law. A detailed
outline ofsteps needed to meet enVironmental-quality
standards by an established time.
implicate, vb. (15c) 1. To show (a person) to be involved
in (a crime, misfeasance, etc.) <when he turned state's
evidence, he implicated three other suspects>. 2. To be
involved or affected <three judges were implicated in
the bribery>.
implication. (15c) 1. The act ofshowing involvement in
something, esp. a crime or misfeasance <the implication
of the judges in the bribery scheme>. 2. An inference
drawn from something said or observed <the implica
tion was that the scheme involved several persons> .
necessary implication. (18c) An implication so strong
in its probability that anything to the contrary would
be unreasonable.
implicit cost. See opportunity cost under COST (1).
implied, adj. (16c) Not directly expressed; recognized by
law as existing inferentially <implied agreement>. See
IMPLY (1). Cf. EXPRESS.
implied abandonment. See ABANDONMENT (10).
implied acceptance. See ACCEPTANCE (4).
implied acquittal. See ACQUITTAL.
implied actual knowledge. See actual knowledge (2)
under KNOWLEDGE.
implied admission. See ADMISSION (1).
implied agency. See AGENCY (1).
implied amnesty. See AMNESTY.
implied assent. See ASSENT.
implied assertion. See assertive conduct under
CONDUCT.
implied assumption. See ASSUMPTION.

823 import
implied assumption of the risk. See ASSUMPTION OF
THE RISK.
implied authority. See AUTHORITY (1).
implied bias. See BIAS.
implied coercion. See UNDUE INFLUENCE (1).
implied color. See COLOR.
implied condition. See CONDITION (2).
implied confession. See CONFESSION.
implied consent. See CONSENT (1).
implied consideration. See CONSIDERATION (1).
implied contract. See CONTRACT.
implied contractual indemnity. See INDEMNITY.
implied covenant. See COVENANT (1).
implied covenant ofgood faith and fair dealing. See
COVENANT (1).
implied crime. See constructive crime under CRIME.
implied dedication. See DEDICATION.
implied duty ofcooperation. See DUTY (1).
implied easement. See EASEMENT.
implied indemnity. See INDEMNITY.
implied in fact, adj. Inferable from the facts ofthe case.
implied-in-fact condition. See CONDITION (2).
implied-in-fact contract. See CONTRACT.
implied in law, n. (1806) Imposed by operation oflaw
and not because of any inferences that can be drawn
from the facts of the case.
implied-in-Iaw condition. See constructive condition
under CONDITION (2).
implied-in-Iaw contract. See CONTRACT.
implied intent. See INTENT (1).
implied license. See LICENSE.
implied license by acquiescence. See LICENSE.
implied license by conduct. See LICENSE.
implied license by equitable estoppel. See LICENSE.
implied license by legal estoppel. See LICENSE.
implied-license doctrine. 1. The principle that a person's
specific conduct may be tantamount to a grant ofper
mission to do something. 2. The principle that in some
specified circumstances a statute can be construed as
supplying a necessary authority by operation oflaw.
implied malice. See MALICE.
implied negative covenant. See COVENANT (1).
implied notice. See NOTICE.
implied obligation. See obediential obligation under
OBLIGATION.
implied partnership. See partnership by estoppel under
PARTNERSHIP.
implied permission. See PERMISSION.
implied power. See POWER (3). implied promise. See PROMISE.
implied reciprocal covenant. See COVENANT (4).
implied reciprocal servitude. See implied reciprocal
covenant under COVENANT (4).
implied repeal. See REPEAL.
implied reservation. See RESERVATION.
implied-reservation-of-water doctrine. A legal doctrine
permitting the federal government to use and control,
for public purposes, water appurtenant to federal
lands. See EMINENT DOMAIN. [Cases: Waters and Water
Courses
implied term. See TERM (2).
implied trust. 1. See constructive trust under TRUST. 2.
See resulting trust under TRUST.
implied waiver. See WAIVER (1).
implied warranty. See WARRANTY (2).
implied warranty of fitness for a particular purpose.
See WARRANTY (2).
implied warranty of habitability. See WARRANTY (2).
implied warranty of merchantability. See WARRANTY
(2).
imply, vb. (I4c) 1. To express or involve indirectly;
to suggest <the opinion implies that the court has
adopted a stricter standard for upholding punitive
damages awards>. Cf. INFER. 2. (Of a court) to impute
or impose on equitable or legal grounds <the court
implied a contract between the parties>. 3. To read
into (a document) <citing grounds of fairness, the court
implied a condition that the parties had not expressed>.
See implied term under TERM (2). implication, n.
"Anglo-American judges, who continually evaluate facts,
often use the phrase by implication (= by what is implied,
though not formally expressed, by natural inference), along
with its various cognates. Judges (by implication) draw
'natural inferences' and thereby decide that something
or other was, in the circumstances, 'implied.' Through
the process of hypallage a semantic shift by which the
attributes of the true subject are transferred to another
subject the word imply has come to be used in reference
to what the judges do, as opposed to the circumstances.
This specialized use of imply runs counter to popular lay
use and is not adequately treated in English-language
dictionaries.
'The lawyer's imply has directly encroached on the word
infer. Whereas nonlawyers frequently use inferfor imply,
lawyers and judges conflate the two in the opposite direc
tion, by using imply for infer. In analyzing the facts of a
case, judges will imp/yone fact from certain others. (From
is a telling preposition.) Nonlawyers believe they must be
inferring an additional fact from those already known; if
contractual terms are implied, they must surely be implied
by the words or circumstances of the contract and not by
the judges." Bryan A. Garner, A Dictionary ofModern Legal
Usage 423, 424 (2d ed. 1995).
import, n. (16c) 1. A product brought into a country from
a foreign country where it originated <imports declined
in the third quarter>. See PARALLEL IMPORTS. 2. The
process of bringing foreign goods into a country <the
import of products affects the domestic economy in

significant ways>. Cf. EXPORT (1), (2). 3. The meaning;
esp., the implied meaning <the court must decide the
import ofthat obscure provision>. 4. Importance; sig
nificance <time will tell the relative import ofJudge
Posner's decisions in American law>.
importation. (l7c) The bringing ofgoods into a country
from another country.
import duty. See nCTY (4).
imported litigation. (1927) One or more lawsuits brought
in a state that has no interest in the dispute.
importer. (lSc) A person or entity that brings goods into
a country from a foreign country and pays customs
duties.
Import-Export Clause. (1945) U.S. Const. art. I,  10,
cl. 2, which prohibits states from taxing imports or
exports. _ The Supreme Court has liberally interpreted
this clause, allowing states to tax imports as long as the
tax does not discriminate in favor of domestic goods.
Also termed Export Clause. [Cases: Customs Duties
~1,2.]
import letter of credit. See LETTER OF CREDIT.
import quota. See QUOTA.
import recording. See BOOTLEG RECORDING (1).
importune (im-por-t[y]oon), vb. (l6c) To solicit force
fully; to request persistently, and sometimes irk
somely.
impose, vb. (l7c) To levy or exact (a tax or duty).
imposition. (l4c) An impost or tax.
impositive fact. See FACT.
impossibility. (l4c) 1. The fact or condition ofnot being
able to occur, exist, or be done. 2. A fact or circumstance
that cannot occur, exist, or be done. 3. Contracts. A fact
or circumstance that excuses performance because (1)
the subject or means of performance has deteriorated,
has been destroyed, or is no longer available, (2) the
method ofdelivery or payment has failed, (3) a law now
prevents performance, or (4) death or illness prevents
performance. _ Increased or unexpected difficulty and
expense do not usu. qualify as an impossibility and
thus do not excuse performance. Also termed impos
sibility ofperformance. [Cases: Contracts 0309.] 4.
The doctrine bv which such a fact or circumstance
excuses contra~tual performance. Cf. FRUSTRATION
(2); IMPRACTICABILITY. [Cases: Contracts ~309.] 5.
Criminal law. A fact or circumstance preventing the
commission of a crime. [Cases: Criminal Law 031,
44.]
factual impossibility. (1932) Impossibility due to the
fact that the illegal act cannot physically be accom
plished, such as trying to pick an empty pocket.
Factual impossibility is not a defense to the crime of
attempt. -Also termed physical impossibility; impos
sibility offact. [Cases: Criminal Law 44.]
legal impossibility. (1831) 1. Impossibility due to
the fact that what the defendant intended to do is
not illegal even though the defendant might have believed that he or she was committing a crime.
A legal impossibility might occur, for example, if a
person goes hunting while erroneously believing that
it is not hunting season. This type oflegal impossibil
ity is a defense to the crimes of attempt, conspiracy,
and solicitation. -Also termed impossibility oflaw;
true legal impossibility. [Cases: Criminal Law 031,
2. ImpOSSibility due to the fact that an element
required for an attempt has not been satisfied. _ This
type oflegal impossibility might occur, for example, if
a person pulls the trigger ofan unloaded gun pointed
at another when the crime of attempt requires that
the gun be loaded. This


a person pulls the trigger ofan unloaded gun pointed
at another when the crime of attempt requires that
the gun be loaded. This is a defense to the crime of
attempt. [Cases: Criminal Law~'=>44.J
objective impossibility. Impossibility due to the nature
of the performance and not to the inability of the indi
vidual promisor. [Cases: Contracts 0309.]
subjective impossibility. Impossibility due wholly to
the inability of the individual promisor and not to
the nature of the performance. [Cases: Contracts
309.J
supervening impossibility. Impossibility arising after
the formation ofa contract but before the time when
the promisor's performance is due, and arising
because of facts that the promisor had no reason to
anticipate and did not contribute to the occurrence
of. [Cases: Contracts C== 309.]
"Contracting parties constantly take a voluntary risk, and
it would make the whole basis of contract insecure if they
were allowed to plead every and any kind of supervening
impossibility. Moreover, a man need not undertake this
kind of risk unless he chooses. He can deliberately exclude
it by stipulations in his contract, if the other party is willing
to contract with him on those terms." 2 Stephen's Commen
taries on the Laws ofEngland 82-83 (L. Crispin Warmington
ed., 21st ed. 1950).
impossibility-of-performance doctrine. (1960) The
principle that a party may be released from a contract
on the ground that uncontrollable circumstances have
rendered performance impossible. Cf. FRUSTRATION
(2); IMPRACTICABILITY. [Cases: Contracts C'" 309(1).]
impossible consideration. See CONSIDERATION (1).
impossible contract. See CONTRACT.
impost (im-pohst). (16c) A tax or duty, esp. a customs
duty <the impost was assessed when the ship reached
the mainland>. See DUTY (4).
impostor (im-pos-t~r). (l6c) One who pretends to be
someone else to deceive others, esp. to receive the
benefits of a negotiable instrument. -Also spelled
imposter. [Cases: Banks and Banking c..~147; Bills and
Notes C==201, 279.]
impostor rule. Commercial law. The principle that an
impostor's indorsement of a negotiable instrument is
not a forgery, and that the drawer or maker who issues
the instrument to the impostor is negligent and there
fore liable to the holder for payment. -If a drawer or
maker issues an instrument to an impostor, any result
ing forgery of the payee's name will be effective in favor
of a person paying on the instrument in good faith or

825
taking it for value or collection. UCC  3-404. [Cases:
Banks and Banking (;=> 147; Bills and Notes (;=>201,
279.]
impotence (im-p;H;;mts). (lSc) 1. A man's inability to
achieve an erection and therefore to have sexual inter
course . Because an impotent husband cannot con
summate a marriage, impotence has often been cited
as a ground for annulment. -Also termed impotency;
physical incapacity; erectile dysfunction. 2. Hist. Steril
ity. 3. Rare. A woman's physical inability to engage in
sexual intercourse.
impound, n. The portion of a monthly mortgage payment
that is earmarked to pay property taxes and the prop
erty-insurance premiums. See impound account under
ACCOUNT.
impound, vb. (lSc) 1. To place (something, such as a
car or other personal property) in the custody of the
police or the court, often with the understanding that
it will be returned intact at the end of the proceeding.
2. To take and retain possession of (something, such
as a forged document to be produced as evidence) in
preparation for a criminal prosecution.
impound account. See ACCOUNT.
impoundment. (17c) 1. The action of impounding; the
state of being impounded. See IMPOUND. 2. Constitu
tionallaw. The President's refusal to spend funds appro
priated by Congress . Although not authorized by the
Constitution and seldom used, impoundment effec
tively gives the executive branch a line-item veto over
legislative spending. [Cases: United States <8::)82(1).]
impracticability (im-prak-ti-b-bil-<l-tee). (17c) Con
tracts. 1. A fact or circumstance that excuses a party
from performing an act, esp. a contractual duty,
because (though possible) it would cause extreme and
unreasonable difficulty . For performance to be truly
impracticable, the duty must become much more dif
ficult or much more expensive to perform, and this
difficulty or expense must have been unanticipated.
[Cases: Contracts (;=>309(1).] 2. The doctrine by which
such a fact or circumstance excuses performance. Cf.
FRUSTRATION (2); IMPOSSIBILITY (4).
commercial impracticability. (1913) The occurrence of
a contingency whose nonoccurrence was an assump
tion in the contract, as a result of which one party
cannot perform. -Also termed (in the UCC) excuse
byfailure ofpresupposed conditions. [Cases: Contracts
(;=>309(1).]
"The doctrines of Impossibility, Commerciallmpracticabil
ity or as the Uniform Commercial Code knows it, Excuse
by Failure of Presupposed Conditions, comprise unclimbed
peaks of contract doctrine. Clearly, all of the famous early
and mid-twentieth century mountaineers, Corbin, Williston,
Farnsworth and many lesser men have made attempts on
this topic but none has succeeded in conquering the very
summit.... In spite ofattempts by all of the contract buffs
and even in the face of eloquent and persuasive general
statements, it remains impossible to predict with accuracy
how the law will apply to a variety of relatively common
cases. Both the cases and the Code commentary are full of
weasel words such as 'severe' shortage, 'marked' increase,
'basic' assumptions, and 'force majeure.'" James J. White improbation
& Robert S. Summers, Uniform Commercial Code  3-9. at
155 (3d ed. 1988).
imprescriptible (im-pm-skrip-t;}-b;:,l), adj. (16c) Not
subject to prescription; not capable of being acquired
by prescription.
imprescriptible right. See RIGHT.
impressment (im-pres-m<lnt), n. (18c) 1. The act of
forcibly taking (something) for public service. 2. A
court's imposition of a constructive trust on equitable
grounds. See constructive trust under TRUST. 3. Archaic.
The method by which armed forces were formerly
expanded, when so-called press-gangs seized men off
the streets and forced them to join the army or navy.
Cf. CRIMPING. impress, vb.
imprest fund. See FUND (1).
imprest money (im-prest). A payment made to a soldier
or sailor upon enlistment or impressment.
imprimatur (im-pri-may-t<lr or -mah-t<lr). [Latin "let
it be printed"] (l7c) 1. A license required to publish a
book. Once reqUired in England, the imprimatur is
now encountered only rarely in countries that censor
the press. 2. A general grant of approval; commenda
tory license or sanction.
imprimis (im-prI-mis), adv. [fro Latin in prim is "in
the first"] (ISc) In the first place. -Also termed in
primis.
imprison, vb. (14c) To confine (a person) in prison.
imprisonment, n. (14c) 1. The act ofconfining a person,
esp. in a prison <the imprisonment of Jackson was
entirely justified>. 2. The state of being confined; a
period of confinement <Jackson's imprisonment lasted
14 years>. See FALSE IMPRISONMENT.
"Imprisonment, by whatever name it is called, is a harsh
thing, and the discipline that must be exerCised over
human beings in close confinement can never be wholly
agreeable to those subject to it. When an attempt is made
to hide the harsh realities ofcriminal justice behind euphe
mistic descriptions, a corrupting irony may be introduced
into ordinary speech that is fully as frightening as Orwell's
'Newspeak.''' Lon L. Fuller, Anatomy ofthe Law 57 (1968).
imprisonment for debt. Hist. Detention of a debtor by
court order to force the debtor to pay certain civil obli
gations . The remedy was usu. available only when
the debt arose from nonpayment of taxes or fines
owed to the Crown, or from the debtor's failure to pay
court-ordered support or alimony, or from the debtor's
failure to obey a decree ad factum praestandum. -Also
termed civil imprisonment. See decree ad factum prae
standum under DECREE.
improbation. Scots law. An action to prove that a
document is forged or otherwise false. -Also termed
proper improbation.
reduction improbation. Scots law. An action in which a
person who may be hurt or affected by a document can
demand the document's production in court.  The
person bringing the action may ask the court either
to determine the document's effects or to nullify the

826 improper
document. Ifthe document is not produced, the court
can automatically declare it false or forged.
improper, adj. (ISc) 1. Incorrect; unsuitable or irregular.
2. f;raudulent or otherwise wrongful.
improper cumulation ofactions. Hist. Under the com
mon-law pleading system, the joining of inconsistent
causes ofaction in one proceeding . This is permitted
under most modern pleading systems.
improperfeud. See FEUD (1).
improper influence. See UNDUE INFLUENCE (2).
improper means ofdiscovery. Trade secrets. A wrongful
way of figuring out a competitor's trade secret, as by
misrepresentation, eavesdropping, or stealing. [Cases:
Antitrust and Trade Regulation C:::=-414.J
improper motion. See MOTION (2).
impropriate rector. See RECTOR (1).
impropriation (im-proh-pree-ay-sh;m). Eccles. law.
The grant of an ecclesiastical benefice to the use of a
lay person, whether individual or corporate. See LAY
IMPROPRIATOR. Cf. APPROPRIATION (5).
"A church might also be appropriated to a layman, and the
proper word to denote this was impropriation as distinct
from appropriation, which was confined to the case of an
allocation to a spiritual body." G,c. Cheshire, Modern Law
ofRea! Property 333 (3d ed. 1933),
improve, vb. (16c) 1. To increase the value or enhance
the appearance of something. 2. To develop (land),
whether or not the development results in an increase
or a decrease in value. -improver, n.
improved land. See LAND.
improved value. (1834) Real estate. In the appraisal of
property, the value of the land plus the value of any
improvements.
improvement. (16c) An addition to real property,
whether permanent or not; esp., one that increases
its value or utility or that enhances its appearance.
Also termed land improvement. Cf. FIXTURE. [Cases:
Improvements C:::=-l.J
beneficial improvement. See valuable improvement.
general improvement. (17c) An improvement whose
primary purpose or effect is to benefit the public gen
erally, though it may incidentally benefit property
owners in its vicinity.
local improvement. (1831) A real-property improve
ment, such as a sewer or sidewalk, financed by special
assessment, and specially benefiting adjacent property.
[Cases: Municipal Corporations (;.':;)265.]
necessary improvement. (17c) An improvement made
to prevent the deterioration ofproperty.
public improvement. An improvement made to
property owned by the state or any other political
entity, such as a municipality. [Cases: Municipal Cor
porations C:::=-26S; States C:::=-83.]
valuable improvement. (I8c) An improvement that
adds permanent value to the freehold . Because ofits
nature, a valuable improvement would not typically be made by anyone other than the owner. A valuable
improvement may be slight and of small value, as
long as it is both permanent and beneficial to the
property. Also termed beneficial improvement.
voluntary improvement. An improvement whose only
purpose is ornamental. [Cases: Improvements C:::=-l.
improvement bond. See revenue bond under BOND (3).
improvement claim. See Jepson claim under PATENT
CLAIM.
improvement invention. See INVENTION.
improvement patent. See PATENT (3).
improvidence (im-prahv-a-d.mts). (1Sc) A lack of fore
sight and care in the management of property, esp. as
grounds for removing an estate administrator.
improvident (im-prahv-a-d;:mt), adj. (16c) 1. Lacking
foreSight and care in the management ofproperty. 2. Of
or relating to a judgment arrived at by using misleading
information or a mistaken assumption.
impruiare (im-proo-ee-air-ee), vb. [Law Latin] Hist. To
improve land.
impubes (im-pyoo-beez), n. [Latin] Roman law. A child
under the age of puberty . Under Roman law, this term
referred to a male under 14 and a female under 12. PI.
impuberes (im-pyoo-ba-reez). Cf. INFANS.
impugn (im-pyoon), vb. (14c) To challenge or call into
question (a person's character, the truth of