payee. Also spelled endorse.
indorsee (in-dor-see). (18c) A person to whom a negotia
ble instrument is transferred by indorsement. Also
spelled endorsee.
indorsee in due course. An indorsee who, in the
ordinary course of business, acquires a negotiable

844 indorsement
instrument in good faith for value, before its maturity,
and without knowledge ofits dishonor.
indorsement, n. (16c) 1. The placing of a signature,
sometimes with an additional notation, on the back
of a negotiable instrument to transfer or guarantee
the instrument or to acknowledge payment. [Cases:
Bills and Notes 2. lhe signature or notation
itself. -Also spelled endorsement. -indorse, vb.
'The clever indorser can subscribe his or her name under
a variety of magic phrases. The Code specifies the legal
effect of some of these phrases. Qualified indorsements
('without recourse') limit the liability of the indorser if the
instrument is dishonored, Restrictive indorsements such
as 'for deposit only,' 'pay any bank,' and the like set the
terms for further negotiation of the instrument. Their main
purpose is to prevent thieves and embezzlers from cashing
checks." 2 James J, White & Robert S. Summers, Uniform
Commercial Code  16-7, at 92-93 (4th ed. 1995).
accommodation indorsement. (1888) An indorsement
to an instrument by a third party who acts as surety
for another party who remains primarily liable. See
ACCOMMODATION PAPER. [Cases: Bills and Notes
236.]
anomalous indorsement. See irregular indorsement.
blank indorsement. An indorsement that names no
specific payee, thus making the instrument payable
to the bearer and negotiable by delivery only. UCC
 3-205(b). Also termed indorsement in blank;
general indorsement. [Cases: Bills and Notes
288.]
collection indorsement. See restrictive indorsement.
conditional indorsement. (1894) An indorsement that
restricts the instrument in some way, as by limiting
how the instrument can be paid or transferred; an
indorsement giving possession of the instrument
to the indorsee, but retaining title until the occur
rence of some condition named in the indorsement.
 Wordings that indicate this type ofindorsement are
"Pay to Brad Jones when he becomes 18 years ofage"
and "Pay to Brigitte Turner, or order, unless before
payment I give you notice to the contrary." Also
termed restricted indorsement; restrictive indorse
ment. Cf. special indorsement. [Cases: Bills and Notes
C;=> 190, 199, 290.J
full indorsement. 1. See irregular indorsement. 2. See
special indorsement.
general indorsement. See blank indorsement.
indorsement in blank. See blank indorsement.
indorsement in full. See special indorsement.
indorsement without recourse. See qualified indorse
ment.
irregular indorsement. (1842) An indorsement by
a person who signs outside the chain of title and
who therefore is neither a holder nor a transferor
of the instrument . An irregular indorser is gen
erally treated as an accommodation party. Also
termed anomalous indorsement;full indorsement. See ACCOMMODATION PARTY. [Cases: Bills and Notes
191,294.]
qualified indorsement. (1806) An indorsement that
passes title to the instrument but limits the indors
er's liability to later holders if the instrument is
later dishonored . Typically, a qualified indorse
ment is made by writing "without recourse" or "sans
recourse" over the signature. VCC  3-415(b). Also
termed indorsement without recourse. See WITHOUT
RECOURSE. Bills and Notes
restricted indorsement. See conditional indorsement.
restrictive indorsement. (18c) An indorsement that
includes a condition (e.g., "pay Josefina Cardoza only
if she has worked 8 full hours on April 13") or any
other language restricting further negotiation (e.g.,
"for deposit only"). Also termed collection indorse
ment. See conditional indorsement. [Cases: Bills and
Notes C;=> 190, 199, 290.J
special indorsement. (18c) An indorsement that speci
fies the person to receive payment or to whom the
goods named by the document must be delivered.
UCC  3-205(a). Also termed indorsement in full;
full indorsement. C. cDrlditional indorsement. [Cases:
Bills and Notes 289.]
trust indorsement. (1945) An indorsement stating that
the payee becomes a trustee for a third person (e.g.,
"pay Erin Ray in trust for Kaitlin Ray"); a restrictive
indorsement that limits the instrument to the use of
the indorser or another person.
unauthorized indorsement. (1840) An indorsement
made without authority, such as a forged indorse
ment. [Cases: Bills and Notes C;=>239, 279.]
unqualified indorsement. (1839) An indorsement that
does not limit the indorser's liability on the paper.
It does not, for example, include the phrase "without
recourse." [Cases: Bills and Notes C;=>281, 287, 293.]
unrestrictive indorsement. (1844) An indorsement that
includes no condition or language restricting negotia
tion. -Also termed unrestricted indorsement. [Cases:
Bills and Notes (;=)190. 199, 290.]
indorser. (18c) A person who transfers a negotiable
instrument by indorsement; speci., one who signs a
negotiable instrument other than as maker, drawer, or
acceptor. -Also spelled endorser.
accommodation indorser. (1820) An indorser who acts
as surety for another person.
in dote aestimata (in doh-tee es-ti-may-t;}). [Latin]
Roman & civil law. When the dowry was valued .
When the dowry had been valued, the husband owed
a sum of money representing the value and could
dispose ofthe specific items ofwhich the dowry was
composed.
in dubio (in d[y]oo-bee-oh), adv. & adj. [Latin] In
doubt.
induced abortion. See ABORTION.

inducement, n. (15c) l. The act or process ofenticing or
persuading another person to take a certain course of
action. Seefraud in the inducement under PRAUD.
active inducement. The act of intentionally causing a
third party to infringe a valid patent. -Active induce
ment requires proof of(1) an actual intent to cause the
patent infringement and (2) knowledge ofthe patent.
[Cases: Patents c;::::,259 (1).]
2. Contracts. The benefit or advantage that causes a
promisor to enter into a contract. 3. Criminal law. An
enticement or urging of another person to commit
a crime. 4. The preliminary statement in a pleading;
esp., in an action for defamation, the plaintiff's allega
tion that extrinsic facts gave a defamatory meaning to
a statement that is not defamatory on its face, or, in a
criminal indictment, a statement ofpreliminary facts
necessary to show the criminal character ofthe alleged
offense. Cf. INNUENDO (2); COLLOQUIUM. [Cases: Libel
and Slander c;::::,81.] -induce, vb.
inducement ofbreach ofcontract. See TORTIOUS INTER
FERENCE WITH CONTRACTUAL RELATIONS.
induciae legales (in-d[y]oo-shee-ee l~-gay-leez). [Latin]
Civil & Scots law. The days allowed after summons for
a defendant to appear in court.
inducing infringement. See infringement in the induce
ment under INFRINGEMENT.
induct, vb. (14c) 1. To put into possession of(something,
such as an office or benefice). 2. To admit as a member.
3. To enroll (a person) for military service. [Cases:
Armed Services c;::::,20.10(2).]
inductio (in-d3k-shee-oh), n. [Latin] Roman law. The
act oferasing a writing or part ofit, as when a testator
struck a legacy from a will. PI. inductiones (in-d~k
shee-oh-neez).
induction. (14c) 1. The act or process of initiating <the
induction of three new members into the legal frater
nity>. 2. The act or process of reasoning from specific
instances to general propositions <after looking at
several examples, the group reasoned by induction that
it is a very poor practice to begin a new paragraph by
abruptly bringing up a new case>. Cf. DEDUCTION (4).
indult (in-d.dt). Eccles. law. A dispensation granted by
the Pope to do or obtain something contrary to canon
law. -Historically, induits were often used for politi
cal ends. An indult granted to a sovereign empowered
the recipient to present an ecclesiastical benefice, usu.
without papal interference. Less exalted bodies, such
as the parliament ofParis and the college ofcardinals,
were sometimes granted similar privileges. -Also
termed indulto.
indulto (in-d;}l-toh). [Spanish] 1. A pardon or amnesty.
2. Hist. A duty paid on imported goods to the Spanish
or Portuguese Crown.
in duplo (in d[y]oo-ploh), adv. & adj. [Law Latin] Hist.
In double. -This term appeared in phrases such as
damna in duplo ("double damages"). -Also termed
(in Roman law) in duplum. in duriorem sortem (in d[y]uur-ee-or-am sor-t~m).
[Latin] Civil law. To the debt that it was the debtor's
interest to have first discharged. _ The phrase appeared
in reference to a debt that bound the debtor most
quickly or to which a penalty was imposed.
industrial design. Patents. The shape, configuration,
pattern, or ornament applied to a finished article of
manufacture, often to distinguish the product's appear
ance. _ A design patent may be issued to protect the
product's characteristic appearance. [Cases: Patents
c;::::,15.]
industrial-development bond. See BOND (3).
industrial disease. See OCCUPATIONAL DISEASE.
industrial espionage. See ESPIONAGE.
Industrial Espionage Act. See ECONOMIC ESPIONAGE
ACT.
industrial goods. See capital goods under GOODS.
industrial insurance. See industrial life insurance under
LIFE INSURANCE.
industrial law. See LABOR LAW.
industrial life insurance. See LIFE INSURANCE.
industrial property. Intellectual property. Patented
goods, industrial deSigns, trademarks, and copyrights
that a business owns and may exclude others from
using. Employed in the Paris Convention, the term
was not defined, but the treaty states that it is to be
construed broadly.
industrial relations. All dealings and relationships
between an employer and its employees, including
collective bargaining about issues such as safety and
benefits.
industrial-revenue bond. See industrial-development
bond under BOND (3).
industrial union. See UNION.
industry. (15c) 1. Diligence in the performance ofa task.
2. Systematic labor for some useful purpose; esp., work
in manufacturing or production. 3. A particular form
or branch of productive labor; an aggregate of enter
prises employing similar production and marketing
facilities to produce items having markedly similar
characteristics.
industry-wide liability. See enterprise liability (1) under
LIABILITY.
indutiae (in-d[y]oo-shee-ee), n. [Latin]!. Roman & int'l
law. A truce or cessation ofhostilities; an armistice. 2.
Roman & civil law. A delay allowed for performing an
obligation or other legal business. 3. Maritime law. A
period of 20 days in which a bottomry-bond debtor
may unload the ship's cargo and pay the bond. -Also
spelled induciae.
in eadem causa (in ee-ay-dam kaw-za), adv. [Latin] Hist.
In the same cause; in the same state or condition.
inebriate (in-ee-bree-~t), n. (18c) Archaic. An intoxicated
person; esp., a habitual drunkard. [Cases: Chemical
Dependents C=> 1.]

inebriated 846
inebriated (in-ee-bree-ay-tid), adj. (15c) Drunk; intoxi
cated.
ineffective assistance of counsel. See ASSISTANCE OF
COUNSEL.
ineffective revocation. See DEPENDENT RELATIVE REVO
CATION.
Ineligibility Clause. The clause ofthe U.S. Constitution
that prohibits a member ofCongress from accepting an
appointment to an executive office that was created, or
the compensation for which was increased, during the
member's service in Congress. D.S. Const. art. I,  6.
Officers and Publk Employees
ineligible, adj. (18c) (Of a person) legally disqualified to
serve in office. [Cases: Officers and Publk Employees
ineligibility, n.
in emulationem vicini (in em-Y<l-lay-shee-oh-nam Vi-S1
m), adj. [Latin "in envy or hatred ofa neighbor"] Hist.
(Of a cause ofaction) brought for an act done solely to
hurt or distress another, such as raising a high fence.
in eodem negotio (in ee-oh-dam ni-goh-shee-oh). [Latin]
Hist. Arising out ofthe same transaction.
inequitable (in-


oh-shee-oh). [Latin]
Hist. Arising out ofthe same transaction.
inequitable (in-ek-wi-ta-bal), adj. (17c) Not fair; opposed
to principles of equity <an inequitable ruling>.
inequitable conduct. See defense ofinequitable conduct
under DEFENSE (1).
in equity. (15c) In a chancery court rather than a court of
law; before a court exercising equitable jurisdiction.
inequity (in-ek-wi-tee), n. (16c) 1. Unfairness; a lack of
equity. 2. An instance ofinjustice.
inescapable peril. See PERIL.
in esse (in es-ee also es-ay). [Latin "in being"] (16c) In
actual existence; IN BEING <the court was concerned
only with the rights of the children in esse>. Cf. IN
POSSE.
in essentialibus (in e-sen-shee-al-a-b<ls). [Law Latin]
Scots law. In the essential parts. An error in an essen
tial term of an instrument (such as a deed) was usu.
fatal.
inessential mistake. See unessential mistake under
MISTAKE.
in est de jure (in est dee joor-ee). [Latin] It is implied as
of right or by law.
in evidence. Having been admitted into evidence <the
photograph was already in evidence when the defense
first raised an objection to it>.
inevitability doctrine. See INEVITABLE-DISCLOSURE
DOCTRINE.
inevitable accident. See unavoidable accident under
ACCIDENT.
inevitable-accident doctrine. See UNAVOIDABLE-ACCI
DENT DOCTRINE.
inevitable-disclosure doctrine. Trade secrets. The legal
theory that a key employee, once hired by a competitor,
cannot avoid misappropriating the former employer's trade secrets . To justify an injunction, the plaintiff
must prove that the former employee has confidential
information and will not be able to avoid using that
knowledge to unfairly compete against the plaintiff.
Most courts have rejected this controversial doctrine on
grounds that it effectively turns a nondisclosure agree
ment into a disfavored noncompetition agreement. The
leading case upholding the doctrine is PepsiCo, Inc. v.
Redmond, 54 F,3d 1262 (7th Cir. 1995), where the court
quipped: "PepsiCo finds itselfin the position ofa coach,
one ofwhose players has left, playbook in hand, to join
the opposing team before the big game." Also termed
inevitable disclosure rule; inevitability doctrine; inevi
table misappropriation doctrine. [Cases: Antitrust and
Trade Regulation ~414.]
inevitable-discovery rule. (1873) Criminal procedure.
The rule providing as an exception to the fruit -of-the
poisonous-tree doctrine -that evidence obtained by
illegal means may nonetheless be admissible ifthe pros
ecution can show that the evidence would eventually
have been legally obtained anyway. See FRUIT-OF-THE
POISONOUS-TREE DOCTRINE. Cf. INDEPENDENT-SOURCE
RULE. [Cases: Criminal Law C=:>394.l(3).]
inevitable-misappropriation doctrine. See INEVITABLE
DISCLOSURE DOCTRINE.
eks-kam-bee-oh), adv. [Law Latin]
1;"""""14<:. This phrase appeared in deeds of
inexcusable neglect. See NEGLECT.
in executione rei judicatae (in ek-si-kyoo-shee-oh-nee
ree-I joo-di-kay-tee). [Latin] Hist. In execution of a
judgment right already judicially determined.
in exitu (in ekS-;l-t[y]Oo or eg-za-t[y]oo), adv. & adj.
[Law Latin] Hist. In issue. These words sometimes
appeared in phrases such as de materia in exitu Cof
the matter in issue").
in extenso {in ek-sten-soh}. [Latin] In full; unabridged
<set forth in extenso>.
in extremis (in ek-stree-mis). [Latin "in extremity"]
(16c) 1. In extreme circumstances. 2. Near the point of
death; on one's deathbed . Unlike in articulo mortis,
the phrase in extremis does not always mean at the
point ofdeath. Cf. IN ARTICULO MORTIS.
in facie curiae (in fay-shee-ee kyoor-ee-ee), adv. &
adj. [Law Latin "in the face of the court"] Hist. In the
presence ofthe court.
in facie ecclesiae (in fay-shee-ee e-klee-z[hlee-ee), adv.
& adj. [Law Latin "in the face of the church"] Hist. In
the presence of the church . A marriage solemnized
in a parish church or public chapel was said to be in
facie ecclesiae.
in faciendo (in fay-shee-en-doh), adv. & ad). [Law Latin
"in doing"] Hist. In the performance of an act; in
feasance. lhe phrase appeared in reference to an obli
gation to perform an act. Cf. IN FACTO PRAESTANDO.
in fact. (18c) Actual or real; resulting from the acts of
parties rather than by operation oflaw. Cf. IN LAW.

847 inference
in facto (in fak-toh), adv. [Latin] Hist. In fact; in deed.
in facto praestando (in fak-toh pree-stan-doh).
[Latin] Hist. In the performance of some act. Cf. IN
FACIENDO.
in facto proprio (in fak-toh proh-pree-oh). [Latin] Hist.
Concerning one's own act.
infamia (in-fay-mee-~), n. [Latin] Roman law. 1. Bad
reputation; ill-fame. 2. Loss ofhonor as a citizen.
infamia facti (in-fay-mee-~ fak-tI). Infamy in fact,
though not yet judicially proved.
infamia juris (in-fay-mee-<:l joor-is). Infamy estab
lished by judicial verdict.
infamis (in-fay-mis), adj. [Latin] Roman law. (Of a person
or action) of ill-repute. - A person was automatically
infamis if held liable for certain torts or breaches of
fiduciary duty. This type ofcondemnation carried with
it certain disabilities, such as disqualification from
office or ineligibility to witness a formal transaction.
infamous (in-f<:l-m<:ls), adj. (14c) 1. (Ofa person) having
a bad reputation. 2. (Of a person) deprived ofsome or
all rights of citizenship after conviction for a serious
crime. -Historically, a person convicted ofalmost any
crime became infamous. 3. (Of conduct) that is punish
able by imprisonment.
infamous crime. See CRIME.
infamous punishment. See PUNISHMENT.
infamy (in-f~-mee), n. (18c) 1. Disgraceful repute. 2. The
loss of reputation or position resulting from a person's
being convicted of an infamous crime. See infamous
crime under CRIME.
infancy. (14c) 1. MINORITY (1). 2. Early childhood.
natural infancy. At common law, the period ending at
age seven, during which a child was presumed to be
without criminal capacity.
3. The beginning stages of anything.
infangthief (in-fang-theef). [fro Old English in "in" +
fangen "taken" + theof"thief"] Hist. A privilege held
by a lord ofa manor to try, and deal summarily with, a
thief captured on the lord's land, esp. a thief captured
with plunder. -Also spelled infangthef Cf. OUT
FANGTHIEF.
infans (in-fanz), n. [Latin) Roman law. A child under
seven years old. _ On turning seven years old, an
infans became known as an impubes. An infans had
no capacity in the law. Cf. IMPUBES.
infant, n. (l4c) 1. A newborn baby. 2. MINOR (1).
"An infant in the eyes of the law is a person under the age
of twentyone years, and at that period (which is the same
in the French and generally in the American law) he or she
is said to attain majority; and for his torts and crimes an
infant may be liable; but for his contracts, as a general rule,
he is not liable, unless the contract is for necessaries." John
Indermaur, Principles ofthe Common Law 195 (Edmund H.
Bennett ed., 1st Am. ed. 1878).
"[Ilnfant the one technical word that we have as a
contrast for the person of full age stands equally well
for the new-born babe and the youth who is in his twenty-first year." 2 Frederick Pollock & Frederic William Maitland,
History ofEnglish Law Before the Time ofEdward 1439 (2d
ed.1899).
"The common-law rule provided that a person was an infant
until he reached the age of twenty one. The rule continues
at the present time, though by statute in somejurisdictions
the age may be lower." John Edward Murray Jr.. Murray on
Contracts  12, at 18 (2d ed. 1974).
infantia (in-fan-shee-~), n. [Latin] Roman law. The
period ofa person's life from birth to seven years; early
childhood.
infantiae proximus (in-fan-shee-ee prok-si-m~s). [Latin]
Roman law. Next to infancy. - A child was infantiae
proximus when slightly over seven years ofage.
infanticide (in-fant-~-sId). (17c) 1. The act of killing
a newborn child, esp. by the parents or with their
consent. _ In archaic usage, the word referred also to
the killing of an unborn child. -Also termed child
destruction; neonaticide. Cf. FETICIDE; FILIClDE (2). 2.
The practice of killing newborn children. 3. One who
kills a newborn child. Also termed child-slaying. Cf.
PROLICIDE. infanticidal, ad}.
infavorem libertatis (in f~-vor-~m lib-~r-tay-tis). [Law
Latin] In favor ofliberty.
in favorem vitae (in f~-vor-~m VI-tee), adv. [Law Latin]
In favor of life.
infect, vb. (I4c) 1. To contaminate <the virus infected the
entire network>. 2. To taint with crime <one part ofthe
city has long been infected with illegal drug-dealing>.
3. To make (a ship or cargo) liable in the seizure ofcon
traband, which is only a part ofits cargo <claiming that
the Single package of marijuana had infected the ship,
the Coast Guard seized the entire vessel>. -infection,
n. -infections, adj.
infection, doctrine of. Int'llaw. The principle that any
goods belonging to an owner ofcontraband and carried
on the same ship as the contraband may be seized or
otherwise treated in the same manner as the contra
band itself.
infeft, p.pl. Scots law. Enfeoffed. See ENFEOFF.
infeftment. Scots law. ENFEOFFMENT (1).
in feodo simpliciter (in fee-d-doh or fyoo-doh sim-plis
i-tdr). [Law Latin] In fee simple. See FEE SIMPLE.
infeotf, vb. See ENFEOFF.
infeotfment. See ENFEOFFMENT.
infer, vb. (16c) To conclude from facts or from factual
reasoning; to draw as a conclusion or inference. Cf.
IMPLY (1).
inference (in-f<:lr-~nts), n. (16c) 1. A conclusion reached
by considering other facts and deducing a logical con
sequence from them. [Cases: Criminal Law (~305,
559; Evidence 595.]
adverse inference. A detrimental conclusion drawn
by the fact-finder from a party's failure to produce
evidence that is within the party's controL -Some
courts allow the inference only if the party's failure

848 inference-on-inference rule
is attributable to bad faith. -Also termed adverse
presumption. Cf. SPOLIATION (1).
2. 1he process by which such a conclusion is reached;
the process of thought by which one moves from
evidence to proof. infer, vb. inferential, adj.
inferrer, n.
inference-on-inference rule. (1940) The principle that
a presumption based on another presumption cannot
serve as a basis for determining an ultimate fact. [Cases:
Criminal Law (:::::0306; Evidence G'::>S4.]
inference-stacking. The practice or an instance of piling
one or more inferences on each other to arrive at a legal
conclusion. -Also termed pyramiding inferences. See
INFERENCE-ON-INFERENCE RULE. [Cases: Criminal Law
(:::::0306; Evidence
inferential fact. See FACT.
inferential pleading. See argumentative pleading under
PLEADING (1).
inferior court. See COURT.
inferior judge. See JUDGE.
inferior officer. See OFFICER (1).
inferred authority. See ir!cidental authority under
AUTHORITY (1).
infertile, adj. Unable to conceive or bear offspring;
sterile. -infertility, n.
infeudate. See ENFEOFF.
infeudatio (in-fyoo-day-shee-oh). [Law Latin] Scots law.
ENFEOFFMENT.
infeudation (in-fyoo-day-sh;:m), n. Under the feudal
system oflandholding, the process of giving a person
legal possession ofland; ENFEOFFMENT (1). Cf. SUBIN
FEUDATION. -infeudate, vb.
"So thorough was the process


FEOFFMENT (1). Cf. SUBIN
FEUDATION. -infeudate, vb.
"So thorough was the process by which the land of England
became subject to fixed obligations to the king the
process generally referred to today as the infeudation
of England -that by the time of the famous Domesday
survey, a scant twenty years after Hastings, it was possible
to assign to almost every rock and stone of English soil
its precise duty to the Crown." Thomas F. Bergin & Paul G.
Haskell, Preface to Estates in Land and Future Interests 3
(2d ed. 1984).
infibulation. See FEMALE GENITAL MUTILATION.
inficiari. See INFITIARI.
inficiatio. See INFlTIATIO.
infidel (in-f<l-d<ll). (ISc) 1. A person who does not believe
in something specified, esp. a particular religion. 2.
Hist. A person who violates a feudal oath of fealty.
infidelis (in-fi-dee-lis or -del-is). [Latin] Hist. 1. INFIDEL
(1). 2. INFIDEL (2).
infidelitas (in-fi-dee-l<l-tas or -del-<l-tas), tl. [Latin] Hist.
Infidelity; faithlessness to one's feudal oath.
"Many of the smaller misdeeds were regarded as exhibi
tions of an infidelitas, which, however, did not amount to
a felonia." 2 Frederick Pollock & Frederic W. Maitland, The
Historv ofEnglish Law Before the Time of Edward I 513-14
(2d ed. 1899). infidelity. (ISc) Unfaithfulness to an obligation; esp.,
marital unfaithfulness. Cf. ADULTERY.
infiduciare (in-fi-d[yJoo-shee-air-ee), vb. [Law Latin]
Hist. To pledge property.
in fieri (in fHI-fI), adj. [fro Latin in "in" + jieri "to be
done"] (Of a legal proceeding) that is pending or in the
course ofbeing completed.
in fine (in fI-nee or fm), adv. [Latin] 1. In short; in
summary. 2. At the end (of a book, chapter, section,
etc.).
infirmative, adj. Rare. (Of evidence) tending to weaken
or invalidate a criminal accusation <an infirmative
fact>. Cf. CRIMlNATlVE.
infirmative hypothesis. Criminal law. An approach to
a criminal case in which the defendant's innocence is
assumed, and incriminating evidence is explained in a
manner consistent with that assumption.
infirmity (in-f<lr-m<l-tee), n. (14c) Physical weakness
caused by age or disease; esp., in insurance law, an
applicant's ill health that is poor enough to deter an
insurance company from insuring the applicant.
infirm, adj.
infitiari (in-fish-ee-air-I), vb. [Latin "to deny"] Roman
law. To deny a plaintiff's allegation; esp., to deny liabil
ity on a debt. -Also spelled injiciari.
infitiatio (in-fish-ee-ay-shee-oh), n. [Latin] Roman law.
The denial of a debt or liability; the denial of a plaintiff's
allegation. -Also spelled injiciatio. PI. infitationes (in
fish-ee-ay -shee-oh -neez).
in flagrante delicto (in fl;}-gran-tee d;}-lik-toh). [Latin
"while the crime is ablaze"] (I8c) In the very act of
committing a crime or other wrong; red-handed <the
sheriff caught them in flagrante delicto>.
inflammatory (in-flam-<l-tor-ee), adj. (18c) Tending to
cause strong feelings of anger, indignation, or other
type of upset; tending to stir the passions . Evidence
can be excluded if its inflammatory nature outWeighs
its probative value. [Cases: Criminal Law (~='338(7);
Evidence (;="~146.]
inflation, n. (14c) A general increase in prices coinciding
with a fall in the real value ofmoney. Cf. DEFLATION.
inflationary, adj.
cost-push inflation. Inflation caused by a rise in pro
duction costs.
demand-pull inflation. Inflation caused by an excess
of demand over supply.
inflation rate. The pace of change in the prices ofgoods
and services in a particular period . The primary
indexes for measuring the rate are the Consumer Price
Index and the Producer Price Index.
infliction of emotional distress. 1. See lNTENTIONAL
INFLlCTlON OF EMOTIONAL DISTRESS. 2. See NEGLlGENT
INFLICTION OF EMOTIONAL DISTRESS.
influence district. See DISTRICT.
in force, adj. In effect; operative; binding.

in-force patent. See PATENT (3).
in forma communi (in for-m;) b-myoo-m) See IN
COMMUNI FORMA.
informa delicti (in for-m;) di-lik-tI). [Latin]lIist. In the
form ofa delict.
informal, adj. (16c) Not done or performed in accor
dance with normal forms or procedures <an informal
proceeding>.
informal acknowledgment. See ACKNOWLEDGMENT.
informal agency action. Administrative-agency activity
other than adjudication or rulemaking, such as inves
tigation, publicity, or supervision. Cf. RULEMAKING.
[Cases: Administrative Law and Procedure ~30l,
341.]
informal application. See PATENT APPLICATION.
informal consideration. See CONSIDERATION (2).
informal contract. See CONTRACT.
informal disposition. See DISPOSITION (2).
informal dividend. See DIVIDEND.
informal drawing. See DRAWING.
informal immunity. See pocket immunity under
IMMUNITY (3).
informal issue. See ISSUE (1).
informal marriage. See common-law marriage under
MARRIAGE (1).
informal probate. See PROBATE.
informal proceeding. See PROCEEDING.
informal proof ofclaim. See PROOF OF CLAIM.
informal rulemaking. See RULEMAKING.
informant. (17c) One who informs against another;
esp., one who confidentially supplies information to
the police about a crime, sometimes in exchange for a
reward or special treatment. -Also termed informer;
feigned accomplice.
citizen-informant. A witness who, without expecting
payment and with the public good in mind, comes
forward and volunteers information to the police or
other authorities.
informant's privilege. See PRIVILEGE (3).
in forma pauperis (in for-m<l paw-p<l-ris), adv. [Latin
"in the manner ofa pauper"] (16c) In the manner ofan
indigent who is permitted to disregard filing fees and
court costs <when suing, a poor person is generally
entitled to proceed informa pauperis>. See 28 USC A
1915; Fed. R. App. P. 24. For instance, in many juris
dictions, an indigent divorce petitioner's filing fees and
court costs are waived. Abbr. IFP. [Cases: Costs
128; Federal Civil Procedure (..-::>2734.]
informa pauperis affidavit. See poverty affidavit under
AFFIDAVIT.
in forma specifica (in for-m;) spi-sif-i-k<l). [Latin] Hist.
In the specified form. information. (15c) A formal criminal charge made by a
prosecutor without a grand-jury indictment. See Fed.
R. Crim. P. 7. The information is used to prosecute
misdemeanors in most states, and about halfthe states
allow its use in felony prosecutions as well. -Also
termed bill ofinformation. Cf. INDICTMENT. [Cases:
Indictment and Information
duplicitous information. An information that charges
two or more offenses as one count.
substitute information in lieu ofindictment. An infor
mation that the prosecutor files to take the place of
a preViously returned indictment, usu. because the
indictment is defective or because the prosecutor has
added, altered, or deleted facts and allegations. [Cases:
Indictment and Information
informatioual member. See nonvoting member under
MEMBER.
informational picketing. See PICKETING.
informational privacy. See PRIVACY.
informational report. See REPORT (1).
Information Analysis and Infrastructure Protection
Directorate. 1he division of the U.S. Department of
Homeland Security responsible for analyzing intel
ligence information gathered from the Central Intel
ligence Agency, the Defense Intelligence Agency, the
Federal Bureau ofInvestigation, the National Security
Administration, and other sources, and for issuing
warnings about threats ofterrorist attack.  The unit is
also charged with evaluating weaknesses in the nation's
infrastructure and recommending ways to reduce vul
nerability to attacks. Abbr. IAIP.
information and belief, on. (1827) (Of an allegation or
assertion) based on secondhand information that the
declarant believes to be true. For the historical pre
cursor to this phrase, see INSINUATIO. [Cases: Federal
Civil Procedure Indictment and Information
~52(4); Pleading~68.]
information-disclosure statement. Patents. A document
submitted in the patent-application process in which
the inventor reveals all known relevant prior art during
the patentability search . The statement must disclose
all known patents, publications, and other references
of prior art. The U.S. Patent and Trademark Office
provides a form, "Information Disclosure Citation," for
this purpose. Abbr. IDS. -Also termed statement of
prior-art references. (Cases: Patents
information in equity. An equitable action brought by a
sovereign or a governmental unit to preserve or protect
the public interest through a public remedy . When
the action is to abate a nuisance that affects public
property, it is an equitable action for purpresture. See
PURPRESTURE. Cf. INFORMATION OF INTRUSION.
information letter. A written statement issued by the
Department of Labor -in particular, by the Pension
and Welfare Benefits Administration that calls
attention to a well-established interpretation or prin

850 information of intrusion
ciple ofERISA, without applying it to a specific factual
situation.
information of intrusion. Hist. A proceeding for
trespass upon real property owned or held by a sover
eign, such as a state or federal government . This was
a common-law remedy for purpresture. See PURPRES
TURE. Cf. INFORMATION IN EQUITY.
"In England it [an information of intrusion] is filed by the
king's attorney general for any trespass committed upon
the lands of the crown. It is founded on no writ under seal,
but merely on intimation of the king's officer who 'gives
the court to understand and be informed' of the matter
in question. 3 BI. Com. 261; Cro.Jac. 212. In America in
Massachusetts and Virginia -the remedy is resorted to
in case of an intrusion on escheated lands. Com. v. Andre.
20 Mass. (3 Pick.) 224; Com. v. Hite, 6 leigh (Va.) 588. Mas
sachusetts Gen. St. 141 authorizes information of intrusion
to be filed by the district attorney in case of any intrusion
upon lands held by the State in this county for the benefit
or use of any tribe of Indians or any individual thereof. or
any descendants of them." 10 The American and English
Encyciopedia of Law 711 n.l Uohn Houston Merrill et al.
eds., 1889) (s.v. information of intrusion).
"An information of intrusion, it may be added, was in the
nature of an action for trespass quare clausum fregit." R.E.
Megarry, A New Miscellany-ot-Law 141 (2005).
information return. See TAX RETURN.
Information Society Directive. Copyright. An initia
tive of the European Commission implementing the
standards set by the WIPO Copyright Treaty, setting
reproduction rights and establishing a "making-avail
able" right.
informative advertising. See ADVERTISING.
informed consent. See CONSENT (1).
informed intermediary. See INTERMEDIARY.
informer. (14c) 1. INFORMANT. 2. A private citizen who
brings a penal action to recover a penalty . Under
some statutes. a private citizen is required to sue the
offender for a penalty before any criminal liability can
attach. Also termed common informer. See COMMON
INFORMER. [Cases: Penalties (~:::J24.]
informer's privilege. See informant's privilege under
PRIVILEGE (3),
inforo (in for-oh), adv. [Latin] In a forum, court, or
tribunal; in the forum.
in foro conscientiae (in for-oh kon-shee-en-shee-ee),
adv. [Latin "in the forum ofconscience"] Privately or
morally rather than legally <this moral problem cannot
be dealt with by this court, but only in foro conscien
tiae>.
in foro contentioso (in for-oh k;}n-ten-shee-oh-soh), adv.
[Latin] Hist. In the forum of contention or litigation;
in a contested action. -Also termed in foro contra
dictorio.
"A decree is said to be granted in foro contentioso where
the action in which it is pronounced has been litigated, in foro ecclesiastico (in for-oh e-klee-z[h]ee-as-ti-koh),
adv. [Law Latin] In an ecclesiastical court.
inforo externo (in for-oh ek-slar-noh), adv. [Lat


In an ecclesiastical court.
inforo externo (in for-oh ek-slar-noh), adv. [Latin "in an
external forum"] Eccles. law, In a court that is handling
a case pertaining to or affecting the corporate life ofthe
church. See FORUM EXTERNUM.
in foro humano (in for-oh hyoo-may-noh), adv. In a
human as opposed to a spiritual forum.
"[TJhis may be murder or manslaughter in the sight of God,
yet in foro humano it cannot come under the judgment of
felony ... :. 1 Hale p,c. 429.
inforo interno (in for-oh in-tar-noh), adv. [Latin "in an
internal forum"] Eccles. law. In a court ofconscience;
in a court for matters of conscience or the confessional.
See FORUM INTERNUM.
in foro saeculari (in for-oh sek-y;dair- I), adv, [Law
Latin] In a secular court,
infra (in-fr;}), adv. & adj. [Latin "below"] (I8c) Later in
this text . Infra is used as a citational signal to refer
to a later-cited authority. In medieval Latin, infra also
acquired the sense "within." Cf. INTRA; SUPRA.
infra aetatem (in-frd ee-tay-tdm), adj. [Latin]
Underage. -Also spelled infra etatem.
infra annos nubiles (in-fra an-ohs n[y]oo-b;}-leez), adj.
[Law Latin] Hist. Under marriageable years; i.e., not
old enough to wed.
infra annum (in-fr;} an-am), adv. [Law Latin] Under a
year; within a year.
infra annum luctus (in-fr;} an-;}m lak-tds), adt'o [Latin]
Hist. Within the year of mourning, -This referred to
the one-year period of mourning during which a widow
was prohibited from remarrying,
infra civitatem (in-fra siv-i-tay-tam), adv. [Law Latin]
Within the state.
infra corpus comitatus (in-fr;} kor-pds kom-;}-tay
t;}s), adv. & adj. [Law Latin] Hist. Within the body of
a county . In English law, this phrase referred to a
body of water that was completely enclosed by land,
and therefore exempt from admiralty jurisdiction, See
CORPUS COMITATUS.
infraction, n. (17c) A violation, usu. of a rule or local
ordinance and usu. not punishable by incarceration.
See VIOLATION (1). infract, vb.
civil infraction. An act or omission that, though not
a crime, is prohibited by law and is punishable. In
some states, many traffic violations are classified as
civil infractions,
infra dignitatem curiae (in-fr;} dig-ni-tay-tam kyoor-ee
ee), adj. [Law Latin "beneath the dignity ofthe court"]
(Of a case) too trifling in amount or character to be
entertained by a court.
infra furorem (in-fr;} fya-ror-dm), adv. [Law Latin]
and parties fully heard on the merits of the case. But it is During madness; while in a state ofinsanity.
not necessary that parties should be fully heard to make
the decree pronounced in the case a decree in foro." John infra hospitium (in-frd hah-spish-ee-am). [Law Latin
Trayner, Trayner's Latin Maxims 261 (4th ed, 1894). "within the inn"] The doctrine that an innkeeper is

851 infringement
liable for goods deposited by a guest. [Cases: Innkeep
ers(>l1.]
infra jurisdictionem (in-fr;) joor-is-dik-shee-oh-n;!m),
adv. & adj. [Law LatinJ Within the jurisdiction.
infra praesidia (in-fr;! pr;!-sid-ee-;!). [Latin "within
the defenses"] Rist. The international-law doctrine
that someone who captures goods will be considered
the owner ofthe goods if they are brought completely
within the captor's power . This term is a corruption of
the Roman-law term intra praesidia, which referred to
goods or persons taken by an enemy during war. Under
the principle ofpostliminium, the captured person's
rights or goods were restored to prewar status when the
captured person returned. See POSTLIMINIUM.
"In war, when those who are our enemies have captured
someone on our side and have taken him into their own
lines [intra praesidia]; for if during the same war he returns
he has postliminium, that is, all his rights are restored to
him just as if he had not been captured by the enemy."
Digest ofJustinian 49.15.5.1 (Pomponius, Quintus Mucius
37).
infrastructure. The underlying framework ofa system;
esp., public services and facilities (such as highways,
schools, bridges, sewers, and water systems) needed to
support commerce as well as economic and residential
development.
in fraudem creditorum (in fraw-d<lm kre-di-tor-;!m),
adv. [Latin] In fraud ofcreditors.
in fraudem legis (in fraw-d;!m lee-jis), adv. [Latin] In
fraud of the law . With an intent to evade the law.
infringement, n. (1861) Intellectual property. An act that
interferes with one of the exclusive rights of a patent,
copyright, or trademark owner. See INTELLECTUAL
PROPERTY. Cf. PLAGIARISM. infringe, vb.
contributory infringement.!. The act of participating
in, or contributing to, the infringing acts of another
person. The law imposes vicarious liability for con
tributory infringement. 2. Patents. The act of aiding
or abetting another person's patent infringement by
knowingly selling a nonstaple item that has no sub
stantial noninfringing use and is esp. adapted for
use in a patented combination or process. In the
patent context, contributory infringement is statu
torily defined in the Patent Act. 35 USCA  271(c).
[Cases: Patents C-'::)259.J 3. Copyright. The act of
either (1) actively inducing, causing, or materially
contributing to the infringing conduct of another
person, or (2) providing the goods or means neces
sary to help another person infringe (as by making
facilities available for an infringing performance) .
In the copyright context, contributory infringement
is a common-law doctrine. 4. Trademarks. A manu
facturer's or distributor's conduct in knOWingly sup
plying, for resale, goods bearing an infringing mark.
[Cases: Trademarks (>1566.J
copyright infringement. The act of violating any
of a copyright owner's exclusive rights granted by
the federal Copyright Act, 17 USCA  106,602.
A copyright owner has several exclusive rights in copyrighted works, including the rights (1) to repro
duce the work, (2) to prepare derivative works based
on the work, (3) to distribute copies of the work,
(4) for certain kinds of works, to perform the work
publicly, (5) for certain kinds ofworks, to display the
work publicly, (6) for sound recordings, to perform
the work publicly, and (7) to import into the United
States copies acquired elsewhere. [Cases: Copyrights
and Intellectual Property (::;'53.]
criminal infringement. The statutory criminal offense
ofeither (1) willfully infringing a copyright to obtain
a commercial advantage or financial gain (17 USCA
 506; 18 USCA  2319), or (2) trafficking in goods
or services that bear a counterfeit mark (18 USCA
2320). Under the second category, the law imposes
criminal penalties if the counterfeit mark is (1) iden
tical with, or substantially indistinguishable from, a
mark registered on the Principal Register ofthe U.S.
Patent and Trademark Office, and (2) likely to confuse
or deceive the public. [Cases: Copyrights and Intellec
tual Property (;:::c:>70; Trademarks (;::::::c 1786, 1787.1
direct infringement. 1. Patents. The act of making,
using, selling, offering for sale, or importing into the
United States, without the patentee's permission, a
product that is covered by the claims ofa valid patent.
35 USCA  271(a). [Cases: Patents (>226.]2. Trade
marks. The use of a mark in trade when that use causes
a likelihood of confusion about the source of goods
or services already identified by a similar mark. 3.
Copyright. The unauthorized copying, distributing, or
displaying of -or the adapting of a derivative work
from - a copyrighted work. Cf. contributory infringe
ment; infringement in the inducement.
domain-name infringement. Infringement of another's
trademark or servicemark by the use of a confUSingly
similar Internet domain name. [Cases: Trademarks
(>1116, 1435.]
infringement by sale. Patents. The unauthorized sale,
resale, or offer of a possessory interest in a patented
invention. Also termed infringement through sale.
[Cases: Patents (>226.J
infringement in the inducement. Patents. The act of
actively and knOWingly aiding and abetting direct
infringement by another person . Although some
times used in copyright and trademark law to mean
contributory infringement, the term is usu. reserved
for the patent context. -Also termed inducing
infringement. Cf. direct infringement. [Cases: Patents
(;:~'259.J
innocent infringement. The act of Violating an intel
lectual-property right without knowledge or aware
ness that the act constitutes infringement . An
innocent infringer may, in limited circumstances,
escape liability for some or all ofthe damages. In the
copyright context, damages may be limited if (1) the
infringer was misled by the lack of a copyright notice
on an authorized copy of the copyrighted work, dis
tributed under the owner's authority before March
1989 (the effective date of the Berne Convention

852 infringement by sale
Implementation Act of 1988), and (2) the infring
ing act occurred before the infringer received actual
notice of the copyright. 17 USC A  405(b).ln the
trademark context, publishers and distributors of
paid advertisements who innocently infringe a mark
have no liability for damages. 15 USCA  1114. In
both contexts, the innocent infringer is immunized
only from an award of monetary damages, not from
injunctive relief. Cf. willful infringement. [Cases:
Copyrights and Intellectual Property C=>52.]
literal infringement. Patents. Infringement in which
every element and every limitation of a patent claim
is present, exactly, in the accused product or process.
Cf. DOCTRINE OF EQUIVALENTS. lCases: Patents
226.]
nonliteral infringement. See DOCTRINE OF EQUIVA
LENTS.
patent infringement. The unauthorized making, using,
offering to sell, selling, or importing into the United
States of any patented invention. 35 USCA  271{a).
[Cases: Patents
"In determining whether an accused device or composi
tion infringes a valid patent, resort must be had in the
first instance to the words of the claim. If accused matter
falls clearly within the claim, infringement is made out and
that is the end of it." Craver Tank & Mfg. Co. v. Linde Air
Prods. Co., 339 U.S. 605, 607, 70 S.Ct. 854, 855 (1950)
Uackson, J.).
trademark infringement. The unauthorized use of a
trademark -or of a confusingly similar name, word,
symbol, or any combination ofthese -in connection
with the same or related goods or services and in a
manner that is likely to cause confusion, deception,
or mistake about the source of the goods or services.
See LIKELIHOOD-OF-CONFUSION TEST. [Cases: Trade
marks C::> 1421.]
vicarious infringement. A person's liability for an
infringing act of someone else, even though the
person has not directly committed an act ofinfringe
ment. For example, a concert theater can be vicari
ously liable for an infringing performance ofa hired
band. [Cases: Patents C-:287(2).j
willful infringement. An intentional and deliber
ate infringement of another person's intellectual
property. Cf. innocent infringement. [Cases: Patents
C=>227.]
infringement by sale. See INFRINGEMENT.
infringement opinion. See OPINION (2).
infringement search. Patents. A patent search aimed
at discovering whether a product or method infringes
any in-force patent . An infringement search is usu.
limited to the political territory where the patent is to
be relied on. Also termed clear-ta-use search; free
dam-to-operate search; PTO search. Cf. PATE:'oITABILITY
SEARCH; VALIDITY SEARCH.
infringement test. Patents. A means of determining
whether a patent claim is dependent by asking if the
claim would always be infringed if the independent claim on which it rests were infringed . Since a depen
dent claim must incorporate all the elements of the
independent claim, an infringement of the independent
claim must also be an infringement of the dependent
claim. [Cases


, an infringement of the independent
claim must also be an infringement of the dependent
claim. [Cases: Patents C=> 165(5).]
infringement through sale. See infringement by sale
under INFRINGEMENT.
infringer. (l6c) A person who interferes with one of
the exclusive rights of a patent, copyright, or trade
mark owner. See INFRINGEMENT. [Cases: Copyrights
and Intellectual Property (;=)77; Patents C~::>287(1);
Trademarks C=> 1564.]
in fructu (in frak-t[y]oo). [Latin] Hist. Among the fruit.
 A bona fide possessor owned the fruits ofthe subject
possessed but not the subject itself because the subject
was not infructu. For example, a person who possessed
but did not own a goat was entitled to the goat's milk,
wool, and offspring, but not the goat's meat.
in full. Constituting the whole or complete amount
<payment in full>.
in fullUfe. (Of a person) alive in fact and in law; neither
naturally nor civilly dead.
in futuro (in fYd-tyoor-oh), adv. [Latin] In the future.
Cf. IN PRAESENTI.
in generali passagio (in jen-..-ray-h pd-say-jee-oh), adv.
[Law Latin] Hist. In the general passage (to the holy
land with a company of Crusaders). This type ofpil
grimage excused an absence from court during the
Crusades. Cf. SIMPLEX PASSAGIUM.
in genere (in jen-dr-ee). [Latin "in kind"] Belonging to
the same class, but not identical.
ingenuitas (in-jd-n[y]oo-d-tas), n. [Latin] Roman law.
The condition or status of a free-born person.
ingenuitas regni (in-ja-n[y]oo- ..-tas reg-nIl. [Law Latin]
Hist. The freemen, yeomanry, or commonalty of the
kingdom. This term was occasionally applied to the
nobility.
ingenuus (in-jen-yoo- ..s), n. [Latin] Roman law. A free
born person . This term, denoting freeborn persons,
was commonly opposed to libertini (people born into
slavery and later emancipated). Cf. LATINI IUNIANI;
SERVUS.
in globo (in gloh-boh), adv. [Latin "in a mass"] As an
undivided whole rather than separately <settlement
paid in globo to the three defendants>.
ingratitude, n. Civil law. Lack of appreciation for a
generous or kind act, esp. for a gift received . Under
Louisiana law, a gift may be reclaimed on grounds of
ingratitude if the recipient mistreats the giver by, for
example, attempting to murder the giver or refusing to
provide the giver with needed food. La. Civ. Code art.
1560. [Cases: Gifts
ingratus (in-gray-tds), adj. [Latin] Roman law. (Of a
person) ungrateful; (of conduct) marked by ingratitude.
 Ungrateful acts or words (such as spiteful comments

853
from a freedman toward a former master) could form
the basis for a return to a prior inferior status.
in gremio juris (in gree-mee-oh joor-is), adv. & adj. [Law
Latin] Civil & Scots law. In the bosom of the right .
lhis phrase describes a clause formerly inserted in an
instrument to bind holders to its terms.
in gremio legis (in gree-mee-oh lee-jis), adv. & adj. [Law
Latin] In the bosom of the law . This is a figurative
expression for something that is under the protection
of the law, such as a land title that is in abeyance.
ingress (in-gres). (l5c) l.lne act of entering. 2. The right
or ability to enter; access. Cf. EGRESS.
ingress, egress, and regress. (17c) The right of a lessee to
enter, leave, and reenter the land in question.
ingress us (in-gres-Js). [Latin "ingress, entry"] Hist. The
fee paid by an heir to a feudal lord to enter the estate
ofa decedent.
in gross. 1. Undivided; still in one large mass. -Also
termed en gros; en grosse. 2. (Of a servitude) personal as
distinguished from appurtenant to land. See easement
in gross under EASEMENT.
ingross, vb. See ENGROSS.
ingrossator (in-groh-say-tJr). [Law Latin] Hist. An
engrosser; a clerk who writes records or instruments
on parchment. The Engrosser of the Great Roll, for
example, was known as the lngrossator Magni Rotuli.
See CLERK OF THE PIPE.
inhabit, vb. (l4c) To dwell in; to occupy permanently or
habitually as a residence.
in hac parte (in hak pahr-tee). [Latin] On this part or
side.
in haec verba (in heek v<lr-hJ). [Latin] In these same
words; verbatim.
in haereditate jacente (in hJ-red-i-tay-tee jJ-sen-tee).
[Latin] Rist. In the estate ofa person deceased.
inhaerere jurisdictioni (in-hi-reer-ee juur-is-dik-shee
oh-m). [Latin] Civil law. To be necessarily connected
with jurisdiction . The phrase typically referred to a
judge's inherent powers, such as the power to inflict
punishment or to enforce a judgment.
inhere (in-heer), vb. (15c) To exist as a permanent, insep
arable, or essential attribute or quality ofa thing; to be
intrinsic to something.
inherency doctrine. Patents. The rule that anticipation
can be inferred despite a missing element in a prior-art
reference if the missing element is either necessarily
present in or a natural result ofthe product or process
and a person of ordinary skill in the art would know
it. On one hand, the doctrine precludes patenting
an existing invention by merely claiming an inherent
element. On the other hand, it allows the later patent
ability ofa substance, usu. a chemical compound, that
was inadvertently created but not recognized or appre
ciated. See INHERENT ANTICIPATION. [Cases: Patents
(;:::>65.] inheritance
inherent anticipation. Patents. An invention's lack of
novelty arising from the existence of prior-art products
or processes that necessarily possess the same charac
teristics. Inherency differs from obviousness in that
a lack of novelty must be based on fact, not mere pos
sibility or probability. See DOCTRINE OF INHERENCY.
[Cases: Patents (;:::>65.]
inherent authority. See AUTHORITY (1).
inherent condition. See CONDITION (2).
inherent covenant. See COVENANT (1).
inherent defect. See hidden defect under DEFECT.
inherently dangerous. See DANGEROUS.
inherently dangerous activity. An activity that can be
carried out only by the exercise of special skill and care
and that involves a grave risk of serious harm if done
unskillfully or carelessly.
inherently dangerous work. See WORK (1).
inhereut power. See POWER (3).
inherent-powers doctrine. 'The principle that allows
courts to deal with diverse matters over which they
are thought to have intrinsic authority, such as (1)
procedural rulemaking, (2) internal budgeting of
the courts, (3) regulating the practice oflaw; and (4)
general judicial housekeeping . The power is based on
interpretations ofart. I,  8, cl. 18 of the Constitution.
[Cases: Courts C-~1.]
inherent right. See inalienable right under RIGHT.
inherit, vb. (l4c) 1. To receive (property) from an
ancestor under the laws of intestate succession upon
the ancestor's death. [Cases: Descent and Distribution
2. To receive (property) as a bequest or devise.
inheritable, adj. See HERITABLE.
inheritable blood. See heritable blood under BLOOD.
inheritable obligation. See heritable obligation under
OBLIGATION.
inheritable security. See heritable security under
SECURITY.
inheritance. (14c) L Property received from an ancestor
under the laws of intestacy. [Cases: Descent and Distri
bution 1, 8.] 2. Property that a person receives by
bequest or devise.
dual inheritance. An adopted child's intestate inheri
tance through both his adopted family and his natural
parent. _ The problem of dual inheritance occurs only
if a relative of the birth parent adopts the child. For
instance, if a child's mother dies and the maternal
grandparents adopt the grandchild, and if a grand
parent then dies intestate, the child qualifies for two
separate shares -one as a child and the other as a
grandchild. In some jurisdictions, by statute, such a
child is allowed to inherit only the adopted child's
share. Under the Uniform Probate Code, the child
takes the larger of the two shares. [Cases: Adoption
(;:::>21.

854 inheritance tax
several inheritance. An inheritance that descends to
two persons severally, as by moieties.
shifting inheritance. Under intestacy laws, an inheri
tance that is transferred from an heir who was living
when the intestate died to an afterborn heir who is
more closely related to the intestate. [Cases; Descent
and Distribution
universal inheritance. A system by which an intes
tate's estate escheats to the state only if the decedent
leaves no surviving relatives, no matter how distant.
 Universal inheritance has been almost universally
abandoned in Anglo-American jurisdictions. See
UNIVERSAl.-INHERITANCE RUl.E.
inheritance tax. See TAX.
inheritor (in-hair-i-tar), n. (ISc) A person who inherits;
HEIR.
inheritrix (in-hair-i-triks), n. Archaic. A female heir;
HEIRESS.
inhibition (in-hi-bish-an), n. 1. Eccles. law. A writ issued
by a superior ecclesiastical court, forbidding a judge
from proceeding in a pending case. 2. Eccles. law. An
order issuing from an ecclesiastical court, prohibiting
a member of the clergy from taking office or perform
ing an unlawful action. 3. Hist. A writ of prohibition.
4. Scots law. An order issued by the Court ofSession to
prohibit a debtor from encumbering or alienating the
debtor's heritable property to the prejudice ofa creditor.
See EX CAPITE INHlBITIONIS; (in senses 3 & 4) PROHI
BITION (2).
in hoc (in hok), adv. [Latin] In this; in respect to this.
in hoc statu (in hok stay-t[yJoo). [Latin] Hist. In this
position.
inhonestus (in-h;;-nes-t;;s), adj. [Latin] Roman law. 1.
(Of a person) of ill repute. 2. (Of conduct) morally
shameful.
in-house counsel. See COUNSEl..
inhuman treatment. Family law. Physical or mental
cruelty so severe that it endangers life or health.
Inhuman treatment is usu. grounds for divorce. See
CRUEl.TY. [Cases: Divorce (;:=>27(1,3).]
in hypothesi (in hi-pahth-<l-SI). [Latin] Hist. In a
supposed case; in a hypothetical case. Cf. IN THESI.
in iisdem terminis (in ee-Is-dem t;}r-m<l-nis), adv. [Law
Latin] Hist. In the same terms.
inimicitia capitalis (i-nim-;;-sish-ee-;; kap-i-tay-lis).
[Latin] Hist. Deadly enmity.
in individuo (in in-di-vid-yoo-oh), adv. [Law Latin]
In the distinct, identical, or individual form. See IN
SPECIE.
in infinitum (in in-f<l-nH<lm). [Latin "in infinity"] To
infinity. This phrase was in reference to a line ofsuc
cession that is indefinite.
in initialibus (in i-nish-ee-al-a-bas). [Law Latin] Hist. In
the preliminary stage . The phrase appeared in refer
ence to the point in the examination when the initialia testimonii took place to determine the witness's compe
tence to testify. See INITIALIA TESTIMONII.
in initio (in i-nish-ee-oh). [Latin "in the beginning"] At
the beginning or outset. Cf. AB INITIO.
in initio litis (in i-nish-ee-oh lI-tis). [Latin] Hist. In the
beginning ofthe suit.  Many defenses had to be raised
at this stage ofa case.
in integrum (in in-teg-rdm). [Latin] Hist. Entire; wholly
undamaged.
in invitum (in in-vI-tam). [Latin] Against an unwilling
person <the nonparty appealed after being compelled
to participate in the proceedings in invitum>. Cf. AB
INVITO.
in ipso termino (in ip-soh t;}r-mi-noh). [Latin] Hist.
At the very end; on the last day, as of a prescriptive
period.
initial appearance. See APPEARANCE.
initial cause. See proximate cause under CAUSE (1).
initial determination. See DETERMINATION.
initial disclosure. See DISCLOSURE (2).
initialia testimonii (i-nish-ee-ay-Iee-a tes-ta-moh-nee-I).
[Law Latin "initial parts of testimony"] Scots law. The
preliminary examination ofa w.itness in order to deter
mine the witness's competence to testify. Cf. IN INI
TIAUBUS.
initial margin requirement. See MARGIN REQUIRE
MENT.
initial protest


f. IN INI
TIAUBUS.
initial margin requirement. See MARGIN REQUIRE
MENT.
initial protest. See PROTEST (2).
initial public offering. See OFFERING.
initial surplus. See SURPLUS.
initiation ofcharges. Military law. The first report to the
proper military authority of an alleged commission of
an offense by a person subject to the Uniform Code of
Military Justice. Cf. PREFERRING OF CHARGES. [Cases;
Military Justice C=:>9S0.]
initiative (i-nish-d-tiv or i-nish-ee-;;-tiv). (1889) An
electoral process by which a percentage of voters can
propose legislation and compel a vote on it by the
legislature or by the full electorate . Recognized in
some state constitutions, the initiative is one of the
few methods of direct democracy in an otherwise
representative system. Cf. Pl.EBISCITE; REFERENDUM.
[Cases; Municipal Corporations C=:> 108; Statutes
301-327.]
in itinere (in I-tin-<lr-ee), adv. [Latin] Hist. On a journey;
on the way . This term referred to the justices in eyre
(justices in itinere) and to goods en route to a buyer. See
EYRE; IN TRANSITU.
initium possession is (i-nish-ee-;;m p;;-zes[hl-ee-oh-nis).
[Latin "the beginning ofthe possession"] Hist.The right
by which possession was first held.
injoin, vb. Archaic. See ENJOIN.
in judicio (in joo-dish-ee-oh), adv. & adj. [Latin]
Before the judge . The phrase is still sometimes used.

855 in jure proprio
Originally, in Roman law, in judicia referred to the
second stage ofa Roman formulary trial, held before a
private judge known as a judex. -Also termed apud
judicem. See FORMULA (1). Cf. IN JURE (2).
in judicio possessorio (in joo-dish-ee-oh pah-ses-sor-ee
oh). [Law Latin] Hist. In a possessory action.
injunction (in-j3ngk-sh.m), n. (16c) A court order
commanding or preventing an action. -To get an
injunction, the complainant must show that there is
no plain, adequate, and complete remedy at law and
that an irreparable injury will result unless the relief is
granted. -Also termed writ ofinjunction. See IRREP
ARABLE-INJURY RULE. [Cases: Injunction C;:::" 1.1
"In a general sense, every order of a court which commands
or forbids is an injunction; but in its accepted legal sense,
an injunction is ajudicial process or mandate operating in
personam by which, upon certain established principles
of equity, a party is required to do or refrain from doing
a particular thing. An injunction has also been defined as
a writ framed according to the circumstances of the case,
commanding an act which the court regards as essential
to justice, or restraining an act which it esteems contrary
to equity and good conscience; as a remedial writ which
courts issue for the purpose of enforcing their equity juris
diction; and as a writ issuing by the order and under the
seal of a court of equity." 1 Howard C. Joyce. A Treatise on
the Law Relating to Injunctions  1, at 2-3 (1909).
affirmative injunction. See mandatory injunction.
antisuit injunction. An injunction prohibiting a
litigant from instituting other, related litigation, usu.
between the same parties on the same issues. [Cases:
Injunction C:=>33.]
ex parte injunction. (1854) A preliminary injunction
issued after the court has heard from only the moving
party. -Also termed temporary restraining order.
final injunction. See permanent injunction.
head-start injunction. Trade secrets. An injunction
prohibiting the defendant from using a trade secret
for a period of time equal to the time between the
date of the secret's theft and the date when the secret
became public. _ So named since that period is the
"head start" the defendant unfairly gained over
the rest of the industry. [Cases: Injunction C:=> 56,
138.33.]
injunction pendente lite. See preliminary injunction.
interlocutory injunction. See preliminary injunction.
mandatory injunction. (1843) An injunction that
orders an affirmative act or mandates a specified
course of conduct. -Also termed affirmative injunc
tion. Cf. prohibitory injunction. [Cases: Injunction
133.]
permanent injunction. (1846) An injunction granted
after a final hearing on the merits. _ Despite its name,
a permanent injunction does not necessarily last
forever. -Also termed perpetual injunction; final
injunction. [Cases: Injunction
perpetual injunction. See permanent injunction.
preliminary injunction. (1828) A temporary injunction
issued before or during trial to prevent an irreparable injury from occurring before the court has a chance
to decide the case. - A preliminary injunction will be
issued only after the defendant receives notice and an
opportunity to be heard. Also termed interlocutory
injunction; temporary injunction; provisional injunc
tion; injunction pendente lite. Cf. ex parte injunction;
TEMPORARY RESTRAINING ORDER. [Cases: Injunction
C:=>132.]
preventive injunction. (1882) An injunction designed
to prevent a loss or injury in the future. Cf. repara
tive injunction.
prohibitory injunction. (1843) An injunction that
forbids or restrains an act. -This is the most common
type ofinjunction. Cf. mandatory injunction.
provisional injunction. See preliminary injunction.
quia-timet injunction (kWI -;, tI-m;,t or kwee-;, tim-etl.
[Latin "because he fears") (1913) An injunction
granted to prevent an action that has been threat
ened but has not yet violated the plaintiff's rights. See
QUIA TIMET.
reparative injunction (ri-par-;;J-tiv). (1955) An injunc
tion requiring the defendant to restore the plaintiff
to the position that the plaintiff occupied before the
defendant committed a wrong. Cf. preventive injunc
tion.
special injunction. Hist. An injunction in which the
prohibition of an act is the only relief ultimately
sought, as in prevention ofwaste or nuisance.
temporary injunction. See preliminary injunction.
injunction bond. See BOND (2).
injunctive, adj. (I5c) That has the quality of directing
or ordering; of or relating to an injunction. -Also
termed injunctional.
in jure (in joor-ee). [Latin "in law"] 1. According to the
law. 2. Roman law. Before the praetor or other magis
trate. _ In jure referred to the first stage of a Roman
formulary trial, held before the praetor or other judicial
magistrate for the purpose of establishing the legal
issues and their competence. Evidence was taken in
the second stage, which was held before a judex. See
FORMULA (1). Cf. DI JUDICIO.
in jure alterius (in joor-ee al-teer-ee-;,s), adv. [Latin] In
another's right.
in jure cessio (in joor-ee sesh-ee-oh). [Latin "a surrender
in law"] Roman law. A fictitious trial held to transfer
ownership of property; a collusive claim to formally
convey property, esp. incorporeal property, by a court's
aSSignment of ownership. _ At trial, the transferee
appeared before a praetor and asserted ownership of
the property. The actual owner also appeared, but did
not contest the assertion, and so allowed the transfer
of the property to the plaintiff. In jure cessio was most
often used to convey incorporeal property. Also
spelled in iure cessio.
in jure proprio (in joor-ee proh-pree-oh), adv. [Latin]
In one's own right.

injuria 856
injuria (in-joor-ee-<J), n. [Latin) Roman law. 1. See i unexpectedly, and not according to the usual order
WRONG. Cf. DAMNUM INJURIA DATUM; actio injuriarum
under ACTIO. 2. An assault on a person's reputation or
body. PI. injuriae (in-joor-ee-ee).
"By injuria (or outrage), as the fourth ground of delict
obligation, is meant some affronting wrong, calculated to
wound the self-respect and touch the honor of the person
injured, to humiliate or degrade him in the view of others."
James Hadley, Introduction to Roman Law 243 (N.Y., D.
Appleton & Co. 1881).
"The term injuria [is best) used in its original and proper
sense of wrong (in jus, contrary to law). The modern use
of 'injury' as a synonym for damage is unfortunate but
inveterate." R.F.V, Heuston, Salmond on the Law of Torts
13 nn,51-52 (17th ed, 1977),
injuria absque damno (in-joor-ee-<J abs-kwee dam-noh).
[Latin "injury without damage"] A legal wrong that will
not sustain a lawsuit because no harm resulted from
it. -Also termed injuria sine damno. Cf. DAMNUM
SINE INJURIA.
"Just as there are cases in which damage is not actionable
as a tort (damnum sine injuria), so conversely there are
cases in which behaviour is actionable as a tort, although it
has been the cause of no damage at all (injuria sine damno).
Torts are of two kinds -namely, those which are action
able per se, and those which are actionable only on proof
of actual damage resulting from them. Thus the act of
trespassing upon another's land is actionable even though
it has done the plaintiff not the slightest harm. Similarly, a
libel is actionable per se, while slander (that is to say, oral
as opposed to written defamation) is in most cases not
actionable without proof of actual damage." R.F.V. Heuston,
Salmond on the Law of Tons 14 (17th ed. 1977).
injurious, adj. (lSc) Harmful; tending to injure.
injurious exposure. Workers' compensation. Contact
with a substance that would cause injury if the person
were repeatedly exposed to it over time . An employer
may be found liable for harm resulting from injurious
exposure. [Cases: Workers' Compensation <:::==-201,517,
1074.]
injurious falsehood. L See DISPARAGEMENT (3). 2. See
TRADE DISPARAGEMENT.
injurious words. Louisiana law. Slanderous or libelous
language. See SLANDER; LIBEL (1), (2).
injury, n. (14c) L The violation of another's legal right,
for which the law provides a remedy; a wrong or injus
tice. See WRONG. 2. Scots law. Anything said or done in
breach ofa duty not to do it, ifharm results to another
in person, character, or property . Injuries are divided
into real injuries (such as wounding) and verbal injuries
(such as slander). They may be criminal wrongs (as
with assault) or civil wrongs (as with defamation). 3.
Any harm or damage . Some authorities distinguish
harm from injury, holding that while harm denotes any
personal loss or detriment, injury involves an action
able invasion ofa legally protected interest. See Restate
ment (Second) ofTorts  7, cmt. a (1965). [Cases: Torts
~~117.) -injure, vb. injurious, adj.
accidental injury. (1800) An injury resulting from
external, violent, and unanticipated causes; esp.,
a bodily injury caused by some external force or
agency operating contrary to a person's intentions, ofevents. [Cases: Insurance (::::>2590.]
advertising injury. Harm resulting from (1) oral or
written speech that slanders or libels a person, or dis
parages a person's goods, products, or services; (2)
oral or written speech that violates a person's right of
privacy; (3) misappropriation of advertising ideas or
style of doing business; or (4) infringement of copy
right, esp. in a name or slogan. [Cases: Insurance (::::>'
2297.]
bodily injury. (l6c) Physical damage to a person's
body. -Also termed physical injury. See serious
bodily injury. [Cases: Damages C='30, 32; Insurance
<:::==-2276.)
civil injury. (I7c) Physical harm or property damage
caused by breach ofa contract or by a criminal offense
redressable through a civil action.
compensable injury (kdm-pen-sd-b<ll). Workers' com
pensation. An injury caused by an accident arising
from the employment and in the course ofthe employ
ee's work, and for which the employee is statutorily
entitled to receive compensation. [Cases: Workers'
Compensation <:::==-Sll-770.)
consequential injury. See consequential loss under
LOSS.
continual injury. An injury that recurs at repeated
intervals. Also termed (but improperly) continu
ous injury.
continuing injury. (1824) An injury that is still in the
process of being committed. An example is the
constant smoke or noise of a factory. -Also termed
continuing harm. (Cases: Damages (::::> 110.]
direct injury. (l7c) 1. An injury resulting directly
from violation of a legal right. 2. An injury resulting
directly from a particular cause, without any inter
vening causes. [Cases: Damages C~16.]
great bodily injury. See serious bodily injury.


vening causes. [Cases: Damages C~16.]
great bodily injury. See serious bodily injury.
injury in fact. (1809) An actual or imminent invasion
of a legally protected interest, in contrast to an
invasion that is conjectural or hypothetical.  An
injury in fact gives the victim standing to bring an
action for damages. lCases: Federal Civil Procedure
<:::==-103.2.]
irreparable injury (i-rep-<Jr<J-bdl). (17c) An injury
that cannot be adequately measured or compensated
by money and is therefore often considered remedi
able by injunction. Also termed irreparable harm;
nonpecuniary injury. See IRREPARABLE-INJURY RULE.
[Cases: Injunction <:::==-14, 138.6.]
''The term 'irreparable injury,' however, is not to be taken
in its strict literal sense. The rule does not require that the
threatened injury should be one not physically capable
of being repaired, If the threatened injury would be sub
stantial and serious one not easily to be estimated, or
repaired by money and if the loss or inconvenience to
the plaintiff if the injunction should be refused (his title
proving good) would be much greater than any which can
be suffered by the defendant through the granting of the
injunction, although his title ultimately prevails, the case is

857
one of such probable great or 'irreparable' damage as will
justify a preliminary injunction." Elias Merwin, Principles
of Equity and Equity Pleading 426-27 (H.C. Merwin ed.,
1896).
legal injury. (18c) Violation ofa legal right.
malicious injury. (16c) 1. An injury resulting from a
willful act committed with knowledge that it is likely
to injure another or with reckless disregard of the
consequences. 2. MALICIOUS MISCHIEF.
nonpecuniary injury. See irreparable injury.
pecuniary injury. An injury that can be adequately
measured or compensated by money.
permanent injury. (17c) 1. A completed wrong whose
consequences cannot be remedied for an indefinite
period. 2. Property. A lasting injury to land that
causes it to revert to the grantor or vests immediate
right of possession in a remainderman. Cf. tempo~
rary injury.
personal injury. (l6c) Torts. 1. In a negligence action,
any harm caused to a person, such as a broken bone,
a cut, or a bruise; bodily injury. 2. Any invasion of a
personal right, including mental suffering and false
imprisonment. Also termed private injury. [Cases:
Insurance ~'-:;)2306.] 3. For purposes of workers'
compensation, any harm (including a worsened pre~
existing condition) that arises in the scope ofemploy
ment. -Abbr. PI. [Cases: Workers' Compensation
<:'::=>552-566,604-770.]
physical injury. See bodily injury.
private injury. See personal irljury (2).
public injury. A loss or an injury stemming from a
breach ofa duty or violation ofa right that affects the
community as a whole.
reparable injury (rep-ar-a-bal). (1832) An injury that
can be adequately compensated by money.
scheduled injury. A partially disabling injury for which
a predetermined amount of compensation is allowed
under a workers' ~compensation statute. [Cases:
Workers' Compensation C~869-902.]
serious bodily injury. (1843) Serious physical impair
ment of the human body; esp., bodily injury that
creates a substantial risk of death or that causes
serious, permanent disfigurement or protracted loss
or impairment of the function of any body part or
organ. Model Penal Code  210.0(3). Typically, the
fact-finder must decide in any given case whether
the injury meets this general standard. Generally, an
injury meets this standard if it creates a substantial
risk of fatal consequences or, when inflicted, con
stitutes mayhem. Cf. MAYHEM (1). -Also termed
serious bodily harm; grievous bodily harm; great bodily
injury. [Cases: Homicide Assault and Battery
<:'::=>55.]
temporary injury. An injury that may be abated or
discontinued at any time by either the injured party
or the wrongdoer. Cf. permanent injury. [Cases:
Damages <:.::=> 109.] inlaw
willful and malicious injury. Bankruptcy. Under the
statutory exception to discharge, damage to another
entity (such as a creditor) caused by a debtor inten
tionally performing a wrongful act -without just
cause or excuse that the debtor knew was certain
or substantially certain to cause injury. 11 USCA
523(a)(6). [Cases: BankruptcyG-~3374.]
injury-in-fact trigger. See ACTUAL-INTURY TRIGGER.
injustice. (15c) l. An unjust state of affairs; unfairness.
2. An unjust act.
in jus vocare (in jas voh-kair~ee), vb. [Latin] Roman law.
To summon a defendant to court.
in kind, adv. (17c) 1. In goods or services rather than
money <payment in cash or in kind>. 2. In a similar
way; with an equivalent of what has been offered or
received <returned the favor in kind>. -in-kind, adj.
<in-kind repayment>.
INL. abbr. BUREAU OF I:NTERNATIONAL NARCOTICS AND
LAW ENFORCEMENT.
inlagare (in~la-gair-ee), vb. [Law Latin] Hist. To
restore (an outlaw) to the protection of the law. Cf.
UTLAGARE.
inlagation (in-la-gay-shall), n. [Law Latin] Hist. The
act of restoring an outlaw to the protection of the law;
inlawry. Cf. UTLAGATION.
inlagh (in-law). Hist. A person within the protection of
the law, in contrast to an outlaw. Cf, UTLAGH.
inland. (15c) 1. The interior part ofa country or region,
away from the coast or border. 2. Hist. The portion of
a feudal estate lying closest to the lord's manor and
dedicated to the support of the lord's family. -Also
termed (in sense 2) inlantal. Cf. UTLAND.
inland bill ofexchange. See domestic bill (2) under BILL
(6).
inland draft. See DRAFT.
inland marine insurance. See INSURANCE.
inland revenue. See I:NTERNAL REVENUE.
inland trade. See TRADE.
inland waters. See INTERNAL WATERS.
inlantal (in-Ian-tal). Hist. See INLAND (2). -Also spelled
inlantale.
in law. (15c) Existing in law or by force oflaw; in the
contemplation ofthe law. Cf. IN FACT.
in-law, n. (1894) A relative by marriage.
inlaw, vb. Archaic. To place (an offender) under the pro
tection of the law. Cf. OUTLAW (1).
'The outlaw's life is insecure .... If the king inlaws him,
he comes back into the world like a new-born babe, quasi
modo genius, capable indeed of acquiring new rights,
but unable to assert any of those that he had before his
outlawry. An annihilation of the outlawry would have a
different operation, but the inlawed outlaw is not the old
person restored to legal life; he is a new person." 1 Freder
ick Pollock & Frederic William Maitland, History of English
Law Before the Time of Edward 1477 (2d ed. 1898),

inlawry 858
inlawry. The restoration of an outlawed person's rights
and protections under the law. See INLAGATION.
in lecto aegritudinis (in lek-toh ee-gri-t[y]oo-di-nis).
[Law Latin] Scots law. On a bed of sickness. -1he
phrase appeared in reference either to the deathbed or
to periods of illness that excused a person from fulfill
ing an obligation. See LIEGE POUSTI.
in lecto mortali (in lek-toh mor-tay-lr), adv. &adj. [Latin]
On the deathbed.
in legal custody. See IN CUSTODIA LEGIS.
in liberam baroniam (in Iib-;)f-;)m bd-roh-nee-;)m). [Law
Latin] Hist. Into a free barony.
"In former times, many persons holding certain feudal
rights from the Crown were called barons, but in the strict
legal sense, the title was only due to him whose lands
had been erected or confirmed by the king in liberam
baroniam. The advantages conferred by the right of barony
were considerable. Such a right conferred on the baron
both civil and criminal jurisdiction within his barony; and
under the clause of union contained in his charter, he was
enabled to take infeftment in the whole lands and rights
of the barony in, what was at that time, an easy and inex,
pensive mode." John Trayner, Trayner's Latin Maxims 264
(4th ed. 1894).
in liberam elemosinam (in lib-dr-;)m el-d-md-SI-n;)m).
[Latin "in free alms"] Hist. Land given away for a chari
table purpose; land given away to be held in frankal
moin. -Also spelled in liberam eleemosinam. Also
termed in libera elemosina. See FRANKALMOIN.
in liberam regalitatem (in lib-;)r-;)m ri-gal-;)-tay-t;)m).
[Law Latin] Hist. Into a free regality. -The phrase
appeared in reference to feudal land grants that were
made by the Crown and that gave the grantees jurisdic
tion over criminal and civil matters in their territory
equivalent to that ofthe Crown.
in libero sochagio (in lib-;)r-oh s;)-kay-jee-oh), adv. [Law
Latin] In free socage. See SOCAGE.
in lieu of. (Be) Instead ofor in place of; in exchange or
return for <the creditor took a note in lieu ofcash> <the
defendant was released in lieu of$5,000 bond>.
in lieu tax. See TAX.
in limine (in lim-a-nee), adv. [Latin "at the outset"] (lSc)
Preliminarily; presented to only the judge, before or
during trial <a question to be decided in limine>. See
MOTION IN LIMINE. [Cases: Criminal Law (:=:>632(4);
Federal Civil Procedure (>927.5; Pretrial Procedure
in-limine, adj. (Of a motion or order) raised prelimi
narily, esp. because of an issue about the admissibility
of evidence believed by the movant to be prejudicial
<in-limine motion>.
in linea recta {in lin-ee-;) rek-ta), [Latin] Hist. In the
direct line (of succession).
in litem (in h-tem or -tam), adv. [Latin] For a suit; to the
suit. See AD LITEM.
in loco (in loh-koh). [Latin] In the place of.
in loco parentis (in loh-koh pa-ren-tis), adv. &adj. [Latin
"in the place of a parent"] (1818) Of, relating to, or acting as a temporary guardian or caretaker of a child,
taking on all or some ofthe responsibilities ofa parent.
-The Supreme Court has recognized that during the
school day, a teacher or administrator may act in loco
parentis. See Vernonia Sch. Dist. v. Acton, 515 U.S. 646,
115 S.Ct. 2386 (1995). See PERSON IN LOCO PARENTIS.
[Cases: Child Custody Child Support G= 31;
Parent and Child (:=:> 15.]
in loco parentis, n. Supervision of a young adult by
an administrative body such as a university. [Cases:
Schools (:=:> 169.]
in lucro captando (in loo-kroh kap-tan-doh). [Latin]
Hist. In endeavoring to gain an advantage.
in majorem cautelam (in md-jor-;)m kaw-tee-I;)m), adv.
[Latin] Hist. For a greater security.
in majorem evidentiam (in m;)-jor-;)m ev-;)-den
shee-am). [Law Latin] Hist. For more certain proof;
for more sure evidence.
in mala fide (in mal-;) fI-dee). [Latin] Hist. In bad
faith.
"A possessor in mala fide is one who holds possession of
a subject, in the know/edge that it is not his own, on a title
which he knows, or has reasonable ground for believing
to be a bad one." John Trayner, Trayner's Latin Maxims 266
(4th ed. 1894).
in mancipio (in man-sip-ee-oh), adj. [Latin] Roman law.
In a state ofcivil bondage . This status applied to a son
whose father was sued in a noxal action and settled the
claim by handing over his son. See NOXAL ACTION (I).
in manu mortua. See IN MORTUA MANU.
in-marriage. See MARRIAGE (1).
inmate. (16c) 1. A person confined in a prison, hospital,
or similar institution. [Cases: Prisons 110.] 2.
Archaic. A person living inside a place; one who lives
with others in a dwelling.
in medias res (in mee-dee-;)s reez or in me-dee-ahs rays),
adv. [Latin1Into the middle of things; without preface
or introduction.
in medio (in mee-dee-oh). [Law Latin] Scots law. In the
middle; intermediate


introduction.
in medio (in mee-dee-oh). [Law Latin] Scots law. In the
middle; intermediate . The phrase appeared in refer
ence to a fund in controversy.
in meditatione fugae (in med-i-tay-shee-oh-nee fry]
oo-jee). [Law Latin] Scots law. Meditating flight; con
templating leaving the country. Formerly, a debtor
could be detained under a fugae warrant if the debtor
had sufficient debt to warrant imprisonment, and ifthe
debtor was attempting to leave the country. This type
of warrant became obsolete when imprisonment for
debt was abolished.
in mercy, adv. (l7c) At a judge's discretion concern
ing punishment. _ A judgment formerly noted (using
the Law Latin phrase in misericordia) which litigant
lost by stating that the unsuccessful party was in the
court's mercy. A plaintiffheld in mercy for a false claim,
for example, was said to be in misericordia pro falso
clamore suo.

859
in misericordia (in miz-a-ri-kor-dee-d). [Law LatinJ See
IN MERCY.
in mitiori sensu (in mish-ee-or-I sens-[y]oo), adv. [Law
Latin] In a milder or more favorable sense . This
phrase appeared as part of the former rule applied in
slander actions. A word capable oftwo meanings would
be given the one more favorable to the defendant. Cf.
INNOCENT-CONSTRUCTION RULE. [Cases; Libel and
Slander C:::> 19.J
'Within half a century of its first appearance, the action for
words had become part of the everyday bUSiness of the
common-law courts, in particular the King's Bench. In the
early days there were often more slander cases in the rolls
than assumpsit . ... Thejudges apparently came to regret
this aspect of their increased jurisdiction, especially since
juries frequently awarded sums of money quite dispropor
tionate to the harm and to the ability of the wrongdoer to
pay .... [Tlhe principal effect of the judicial reaction was
that a spirit of repression began to manifest itself ....
The ... most effective attack was launched in the 15705,
when the courts began the policy of construing ambiguous
or doubtful words in the milder sense (in mitiori sensu) so
that they would not be actionable." J.H. Baker, An Introduc
tion to English Legal History 500-01 (3d ed. 1990).
in modum adminiculi (in moh-dam ad-mi-nik-y;:!-lI).
[Law Latin] Hist. As corroborating evidence.
in modum assisae (in moh-ddm d-sl-zee), adv. [Law
Latin] In the manner or form ofan assize. See ASSIZE.
in modumjuratae (in moh-ddm juu-ray-tee), adv. [Law
Latin] In the manner or form ofa jury.
in modum poenae (in moh-ddm pee-nee). [Latin] Hist.
By way ofpenalty. The phrase appeared in reference
to the basis for charging interest.
in modum probationis (in moh-ddm proh-bay-shee-oh
nis). [Latin] Hist. In the form of proof. _1he phrase
appeared in reference to documents that a party
provided to support a claim.
in modum simplicis querelae (in moh-ddm sim-pl<l-sis
kW<l-ree-Iee). [Law Latin] Hist. By way of summary
complaint.
in mora (in mor-d), adv. & adj. (Latin] Roman law.
In delay; in default. _ This was said of a debtor who
delayed performance or failed to perform.
in mortua manu (in mor-choo-a man-yoo), adj. & adv.
[Law Latin "in a dead hand"] Hist. (Of property) per
petually controlled according to a decedent's directions.
 Land held by a religious society was described this
way because the church could hold property perpetu
ally without rendering feudal service. Also termed in
manu mortua. See DEADHAND CONTROL; MORTMAIN.
in mundo (in man-doh or muun-doh). [Law Latin "in
the world"] Hist. In a clean, fair copy.
"Papers written 'in mundo: are what are usually termed
extended, or dean copies." John Trayner, Trayner's Latin
Maxims 268 (4th ed. 1894).
innavigable (in-nav-i-g<l-bdl), adj. 1. (Of a body ofwater)
not capable of, or unsuitable for, navigation. [Cases;
Navigable Waters L] 2. Marine insurance. (Of a
vessel) unfit for service. -Also termed unnavigable. innocence
inner bar. English law. The group of senior barristers,
called the Queen's Counselor King's Counsel, who
are admitted to plead within the bar of the court. Cf.
OUTER BAR.
inner barrister. See BARRISTER.
inner cabinet. See CABINET.
inner-city post-traumatk-stress defense. See URBAN
SURVIVAL SYNDROME.
Inner House. Scots law. The appellate jurisdiction ofthe
Court of Session. See COURT OF SESSION (1).
inning. (pl.) Land reclaimed from the sea.
innkeeper. (I5c) A person who, for compensation. keeps
open a public house for the lodging and entertainment
oftravelers. A keeper ofa boarding house is usu. not
considered an innkeeper. -Also termed hotelkeeper.
[Cases; Innkeepers (;::)3.]
''The innkeeper is the person who on his own account
carries on the business of an inn. In other words, he is
the proprietor of the establishment. The person actually
employed as manager, though he has the whole direction
of the enterprise, is not an innkeeper if he is acting on
behalf of someone else. Thus the salaried manager of
a hotel owned or operated by a corporation is not held
responsible as an innkeeper; the corporation is the inn
keeper." John H. Sherry, The Laws of Innkeepers  2.6, at
15 (rev. ed. 1981).
innkeeper's lien. See hotelkeeper's lien under LIEN.
innocence, n. (I4c) The absence ofguilt; esp., freedom
from guilt for a particular offense. Cf. GUILT.
actual innocence. (1839) Criminal law. The absence of
facts that are prerequisites for the sentence given to
a defendant.  In death-penalty cases, actual inno
cence is an exception to the cause-and-prejudice rule,
and can result in a successful challenge to the death
sentence on the basis of a defense that was not pre
sented to the trial court. The prisoner must show by
clear and convincing evidence that, but for constitu
tional error in the trial court, no reasonable judge or
juror would find the defendant eligible for the death
penalty. See Sawyer v. Whitley, 505 U.S. 333, 112 S.Ct.
2514 (1992). Cf. CAUSE-AND-PREJUDICE RULE. [Cases;
Habeas Corpus (;:::>401, 462.J
legal innocence. (1813) Criminal law. The absence of
one or more procedural or legal bases to support the
sentence given to a defendant. -In the context of a
petition for writ of habeas corpus or other attack on
the sentence, legal innocence is often contrasted with
actual innocence. Actual innocence, which focuses
on the facts underlying the sentence, can sometimes
be used to obtain relief from the death penalty based
on trial-court errors that were not objected to at trial,
even ifthe petitioner cannot meet the elements ofthe
cause-and-prejudice rule. But legal innocence, which
focuses on the applicable law and procedure, is not as
readily available. Inadvertence or a poor trial strategy
resulting in the defendant's failure to assert an estab
lished legal principle will not ordinarily be sufficient
to satisfy the cause-and-prejudice rule or to establish
the right to an exception from that rule. See CAUSE

innocent 860
AND-PREJUDICE RULE. [Cases: Habeas Corpus
401.]
innocent, adj. (14c) Free from guilt; free from legal fault.
See NOT GUfLTY (2).
innocent agent. See AGENT (2).
innocent-constrnction rule. The doctrine that an
allegedly libelous statement will be given an innocu
ous interpretation ifthe statement is either ambiguous
or harmless. Cf. IN MITIORI SENSU. [Cases: Libel and
Slander
innocent conversion. See technical conversion under
CONVERSION (2).
innocent converter. See CONVERTER.
innocent conveyance. See CONVEYANCE.
innocent homicide. See HOMICIDE.
innocent infringement. See INFRINGEMENT.
innocent junior user. See JUNIOR USER.
innocent misrepresentation. See MISREPRESENTA
TION.
innocent-owner defense. See DEFENSE (1).
innocent party. See PARTY (2).
innocent passage. Int' llaw. The right ofa foreign ship to
pass through a country's territorial waters; the right of
a foreign vessel to travel through a country's maritime
belt without paying a toll. -The right of innocent
passage is guaranteed in Article 17 of the United
Nations Convention on the Law of the Sea. Passage
is considered innocent as long as it is not prejudicial
to the peace, good order, and security of the coastal
country. -Also termed right ofinnocent passage. Cf.
TRANSIT PASSAGE. [Cases: International Law (::::>5.]
'The term 'innocent passage' accurately denotes the nature
of the right as well as its limitations. In the first place it is
a right of 'passage,' that is to say, a right to use the waters
as a thoroughfare between two points outside them; a
ship proceeding through the maritime belt to a port of the
coastal state would not be exercising a right of passage.
In the second place the passage must be 'innocent'; a ship
exercising the right must respect the local regulations as
to navigation, pilotage, and the like, and, of course, it must
not do any act which might disturb the tranquillity of the
coastal state." J.L. Brierly, The Law ofNations 188-89 (5th
ed. 1955).
innocent purchaser. See bona fide purchaser under PUR
CHASER (1).
innocent purchaser for value. See bona fide purchaser
under PURCHASER (1).
innocent spouse. See SPOUSE.
innocent trespass. See TRESPASS.
innocent trespasser. See TRESPASSER.
innocuae utilitatis (i-nok-yoo-[w]ee yoo-til-a-tay-tis).
[Latin "useful without harming"] Hist. An act that is
beneficial to one person and harmful to no one.
Inn of Chancery. Hist. Any of nine collegiate houses
where students studied either to gain entry into an Inn
ofCourt or to learn how to frame writs in order to serve in the chancery courts. -Over time, the Inns Clem
ent's, Clifford'~, Lyon's, Furnival's, Thavies', Symond's,
Barnard's, Staples', and the New Inn -became little
more than dining dubs, and never exercised control
over their members as the Inns of Court did. The Inns
ofChancery were all dissolved in the 19th century. Cf.
INN OF COURT.
Inn of Court. 1. Any of four autonomous institutions,
one or more of which English barristers must join
to receive their training and of which they remain
members for life: The Honourable Societies ofLincoln's
Inn, the Middle Temple, the Inner Temple, and Gray's
Inn. -These powerful bodies examine candidates for
the Bar, "call" them to the Bar, and award the degree
of barrister.
"It is impossible to fix with certainty the period when the
professors and students of the common law first began to
associate themselves together as a society, and form them
selves into collegiate order; or to assign an exact date to
the foundation of the Inns of Court, the original institution
of which nowhere precisely appears. .. After the fixing of
the Court of Common Pleas by Magna Charta, the practitio
ners of the municipal law took up their residence in houses
between the king's courts at Westminster and the city of
London -forming then one community; and before the
end of the reign of Edward II, they appear to have divided
themselves into separate inns or colleges, at Temple Bar,
Lincoln's Inn, and Gray's Inn." Robert H. Pearce, A Guide to
the Inns ofCourt and Chancery 1-2 (1855).
2. (pl.) In the United States, an organization (formally
named the American Inns ofCourt Foundation) with
more than 100 local chapters, whose members include
judges, practicing attorneys, law professors, and law
students. -Through monthly meetings, the chapters
emphasize practice skills, professionalism, and ethics,
and provide mentors to train students and young
lawyers in the finer pOints of good legal practice.
innominate (i-nom-d-nat), adj. (17c) Civil law. Unclassi
fied; having no special name or designation. See innom
inate contract under CO:-<!TRACT.
innominate action. See ACTION (4).
innominate contract. See CONTRACT.
innominate obligations. (1949) Obligations having no
classification or name because they are not
strictly contractual, delictual, or quaSi-contractual.
An example is the obligation of a trustee to a benefi
ciary. -Also termed obligationes innominati.
innominate real contract. See innominate contract
under CONTRACT.
in nomine Dei, Amen (in nahm-a-nee dee-I, ay-men).
[Latin] Hist. In the name ofGod, Amen. -This phrase
formerly appeared at