n (im-pyoon), vb. (14c) To challenge or call into
question (a person's character, the truth ofa statement,
etc.). -impugnment, n.
impulse, 11. (17c) A sudden urge or inclination that
prompts an unplanned action.
uncontrollable impulse. (1844) An impulse so over
whelming that it cannot be resisted . In some juris
dictions, an uncontrollable impulse serves as a defense
to criminal conduct committed while in the grip of
the impulse. See IRRESISTIBLE-IMPULSE TEST. [Cases:
Criminal Law C::::> 50.]
impunity (im-pyoo-na-tee). (16c) Exemption from pun
ishment; immunity from the detrimental effects of one's
actions <because she was a foreign diplomat, she was
able to park illegally with impunity>. Cf. IMMUNITY
(1).
imputation, n. (16c) The act or an instance of imputing
something, esp. fault or crime, to a person; an accusa
tion or charge <an imputation of negligence>.
imputation ofpayment. Civil law. The act ofapplying or
directing a payment to principal or interest on a debt,
or to a particular debt when there are two or more. La.
Civ. Code arts. 1864, 1866.
impute (im-pyoot), vb. (14c) To ascribe or attribute; to
regard (usu. something undesirable) as being done,
caused, or possessed by <the court imputed malice
to the defamatory statement>. imputation, n.
imputable, adj.
"The word 'impute' comes from im (in) and putare (reckon),
It means to bring into the reckoning, to attribute or to
ascribe, It is sometimes used to attribute vicariously, -to
ascribe as derived from another. This is included properly

827 in arrears
within the general import of the term but it is not its
primary meaning. It may be used in many senses. Thus
we may impute (ascribe) intent, knowledge, guilt, and so
forth. Here it is used in the basic sense of imputing (ascrib
ing) the fact itself. Harm has been done. Did the defendant
do it? Usually such an inquiry is purely factual. What really
happened? At times, however, when all the facts are known
we have to ask: Will the law impute (attribute or ascribe)
what happened to the defendant? That is what is meant
here by 'imputability.'" Rollin M. Perkins &Ronald N. Boyce,
Criminal Law 605 (3d ed. 1982).
imputed disqualification. See vicarious disqualification
under DISQUALIFICATION.
imputed income. See INCOME.
imputed interest. See INTEREST (3).
imputed knowledge. See KNOWLEDGE.
imputed negligence. See NEGLIGENCE.
imputed notice. See NOTICE.
in, prep. Under or based on the law of<to bring an action
in contract>.
in absentia (in ab-sen-shee-<l or ab-sen-sh<l). [Latin]
(1886) In the absence of (someone); in (someone's)
absence <tried in absentia>.
inaccuracy rejection. See REJECTION.
in acquirenda possessione (in ak-w<l-ren-d<l p<l-zes[h]
ee-oh-nee). [Latin] Hist. In the course ofacquiring pos
session.
in action. (ISc) (Of property) attainable or recoverable
through litigation. See chose in action under CHOSE.
inactive case. See CASE.
inactive stock. See STOCK.
inadequate assistance of counsel. See ineffective assis
tance ofcounsel under ASSISTANCE OF COUNSEL.
inadequate consideration. See CONSIDERATION (1).
inadequate damages. See DAMAGES.
inadequate remedy at law. (lS17) A remedy (such as
money damages) that does not suffidently correct
the wrong, as a result ofwhich an injunction may be
available to the disadvantaged party. See IRREPARABLE
INJURY RULE. [Cases: Injunction (;::::> 15, 13S.9.]
inadmissible, adj. (18c) 1. (Ofa thing) not allowable or
worthy ofbeing admitted. 2. (Of evidence) excludable
by some rule ofevidence. [Cases: Federal Civil Proce
dure (;::::>2011: Trial C::'43.] 3. (Ofan alien) ineligible
for admission into a country or (if the alien has already
entered illegally) subject to removal.
inadmissible alien. See ALIEN.
in adversum (in ad-v3r-s<lm). [Law Latin] Against an
adverse party.
"Where a decree is obtained against one who resists, it is
termed 'a decree not by consent but in adversum,'" 1 John
Bouvier, Bouvier's Law Dictionary 1518 (8th ed. 1914).
inadvertence, n. (ISc) An accidental oversight: a result
ofcarelessness.
inadvertent discovery. (1971) Criminal procedure.
A law-enforcement officer's unexpected finding of incriminating evidence in plain view. Even though
this type of evidence is obtained without a warrant, it
can be used against the accused under the plain-View
exception to the warrant requirement. [Cases: Searches
and Seizures (;::::>48.]
inadvertent negligence. See NEGLIGENCE.
inaedificatio (in-ee-di-fi-kay-shee-oh), n. [Latin] Roman
law. The act ofbuilding on another's land with one's
own materials, or on one's own land with another's
materials . 1his was a form ofaccessio. Regardless of
the source of the materials, the building became the
landowner's property. See ACCESSIO.
in aemulationem (in ee-mY<l-lay-shee-oh-nJm). [Latin]
Hist. With a desire to injure; with an intent to annoy.
in aemulationem vicini (in ee-mY<l-lay-shee-oh
n<lm vI-sl-nr). [Latin] Hist. To the annoyance of a
neighbor.
in aequali jure (in ee-kway-h joor-ee). [Law Latin] In
equal right.
in aequali manu (in ee-kway-lr man-yoo). [Law Latin]
In equal hand. This phrase refers to property held
indifferently between two parties, as when the parties
to an instrument deposit it in the hands of a neutral
third person. -Also termed in aequa manu.
in aequo (in ee-kwoh). [Law Latin] Hist. In equity. Cf.
EX AEQUO ET BONO.
inalienable, adj. (l7c) Not transferable or assignable
<inalienable property interests>. -Also termed
unalienable.
inalienable interest. See INTEREST (2).
inalienable right. See RIGHT.
in alieno solo (in ay-lee-or al-ee-ee-noh soh-loh). [fro
Law French en auter soile] In another's land.
in alio loco (in al-ee-oh loh-koh). [Latin] In another's
place. See CEPIT IN ALiO LOCO.
in ambiguo (in am-big-yoo-oh). [Law Latin] In doubt.
in apicibus juris (in <l-pis-<l-b<ls joor-is). [Latin] Among
the extremes (or most subtle doctrines) ofthe law.
inarbitrable, adj. (lSc) 1. (Of a dispute) not capable of
being arbitrated; not subject to arbitration. [Cases:
Alternative Dispute Resolution C::O118.] 2. Not subject
to being decided.
in arbitrio alieno (in ahr-bi-tree-oh ay-Iee-ee-noh or
al-ee-). [Law Latin] According to the judgment of
another . This term refers to property bequeathed to
a trustee for the benefit of others, to be used in the
trustee's discretion.
in arbitrium judicis (in ahr-bi-tree-<lm joo-di-sis).
[Latin] At the decision or discretion ofthe judge.
in arcta et salva custodia (in ahrk-t<l et sal-v<l b-stoh
dee-<l). [Latin] In dose and safe custody.
in arrears (in <l-reerz), adj. & adv. (17c) 1. Behind in the
discharging of a debt or other obligation <the tenants
were in arrears with the rent>. 2. At the end of a term

or period instead ofthe beginning <the interests, fees,
and costs are payable in arrears>.
in articulo mortis (in ahr-tik-ya-Ioh mor-tis). [Law
Latin] At the point ofdeath. Cf. IN EXTREMIS.
inaudita altera parte (in-aw-di-ta or in-aw-dJ-ta al-ta-ra
pahr-tee). [Latin "without hearing the other party"] Ex
parte. Ihe term is sometimes used in decisions of the
European Court ofJustice. See EX PARTE.
inauguration (i-naw-gya-ray-sh;m), n. (16c) 1. A formal
ceremony inducting someone into office. 2. A formal
ceremony introducing something into public use. 3. The
formal commencement ofa period oftime or course of
action. inaugurate (i-naw-gya-rayt), vb. inau
guratory (i-naw-gya-ra-tor-ee), adj. inaugurator
(i-naw-gya-ray-tJr), n.
in autre droit (in oh-tra droyt). [Law French] See EN
AUTRE DROIT.
in bane. See EN BANC.
in banco. See EN BANC.
in bank. See EN BANC.
in being. (17c) Existing in life dife in being plus 21
years>. In property law, this term includes children
conceived but not yet born. -Also termed in esse. See
LIFE IN BEL'-IG.
"The intentional killing of one not 'in being,' i.e. an unborn
child, was until 1929 punishable neither as murder nor as
infanticide. There can be no murder nor manslaughter of
a child which dies before being born or even whilst being
born, only of one that has been born and, moreover, been
born alive," j.W. Cecil Turner, Kenny's Outlines of Criminal
Law 104 (16th ed, 1952),
in blank. (1836) (Of an indorsement) not restricted to
a particular indorsee. See blank indorsement under
INDORSEMENT.
inboard, adj. Maritime law. (Of cargo) stowed between
the boards (Le., sides) of the vessel; esp., stowed inside
or near the vessel's centerline.
in bonis defuncti (in boh-nis di-fangk-tI). [Latin] Hist.
Among the property ofthe deceased.
in bonis esse (in boh-nis es-ee or es-ay). [Latin "to be
among the goods"] Roman law. 1. To be someone's
property. 2. (Of property) held in possession without
benefit ofa solemn act (such as mancipatio) required to
transfer ownership, until ownership might be acquired
by the passage of time. See bonitary ownership under
OWNERSHIP.
in bonis habere (in boh-nis hJ-beer-ee). See bonitary
ownership under OWNERSHIP.
Inc. abbr. Incorporated.
in cahoots. See CAHOOTS.
in camera (in kam-a-ra), adv. & adj. [Law Latin "in a
chamber"] (1872) 1. In the judge's private chambers. 2.
In the courtroom with all spectators excluded. 3. (Ofa
judicial action) taken when court is not in session.
Also termed (in reference to the opinion ofone judge)
in chambers. in camera inspection. (1953) A trial judge's private con
sideration ofevidence. [Cases: Pretrial Procedure
411; Privileged Communications and Confidentiality
(;::::>31.]
in camera proceeding. See PROCEEDING.
in camera sitting. See SITTING.
in campo (in kam-poh). [Latin] Hist. In the field; before
the court.
incapacitated person. (1834) A person who is impaired
by an intoxicant, by mental illness or deficiency, or by
physical illness or disability to the extent that personal
decision-making is impossible.
incapacitation, n. (18c) 1. The action of disabling or
depriving oflegal capacity. 2. The state ofbeing disabled
or lacking legal capacity. incapacitate, vb.
incapacity. (17c) 1. Lack of physical or mental capabili
ties. 2. Lack ofability to have certain legal consequences
attach to one's actions . For example, a five-year-old
has an incapacity to make a binding contract. 3. DIS
ABILITY (2).4. DISABILITY (3). Cf. INCOMPETENCY.
testimonial incapacity. (1867) The lack of capacity to
testify. [Cases: Witnesses (;:::;'35.]
incapax doli (in-kay-paks doh-h). See CAPAX DOLI.
in capita. Individually. See PER CAPITA.
in capite (in kap-a-tee). [Law Latin "in chief"] Hist. A
type of tenure in which a person held land directly of
the Crown. -Also termed tenure in capite.
incarceration, n. (16c) The act or process of confin
ing someone; IMPRISONMENT. Cf. DISIMPRISONMENT;
DECARCERATION. -incarcerate, vb. incarcerator,


. DISIMPRISONMENT;
DECARCERATION. -incarcerate, vb. incarcerator,
n.
shock incarceration. (1985) Incarceration in a mili
tary-type setting, usu. for three to six months, during
which the offender is subjected to strict discipline,
phYSical exercise, and hard labor. See 18 USCA
4046. After successfully completing the program,
the offender is usu. placed on probation. See BOOT
CAMP. Cf. shock probation under PROBATION.
in casu consimili. See CASU CONSIMILI.
in casu proviso (in kay-s[y]oo prJ-vI-zoh). See CASU
PROVISO.
in causa (in kaw-za). [Latin] Hist. In the cause <the
record in causa Abercromby v. Graham is dosed>.
incendiarius (in-sen-dee-air-ee-as), n. Roman law. A
fire-starter; arsonist.
incendiary (in-sen-dee-er-ee), n. (15c) 1. One who delib
erately and unlawfully sets fire to property. Also
termed arsonist;firebug. 2. An instrument (such as a
bomb) or chemical agent deSigned to start a fire.
incendiary, adj.
incendium (in-sen-dee-am), n. [Latin] 1. Roman law.
Fire. 2. Hist. Arson.
incentive pay plan. (1948) A compensation plan in which
increased productivity is rewarded with higher pay.

829
incentive stock option. See STOCK OPTION (2).
incentive theory. Intellectual property. The proposition
that society grants creators exclusive rights to their
intellectual property in order to stimulate further cre
ativity. -The Patent and Copyright Clause ofthe U.S.
Constitution declares that the purpose ofexclusive
right protection is "to Promote the Progress ofScience
and useful Arts." U.S. Const. art. 1,  8, cl. 8.
incentive-to-commerciaJize theory. Patents. The
economic theory justifying the grant of patent rights
based on how efficient the patent system is at bringing
together diverse resources such as commercial backing,
manufacturing capacity, marketing know-how, and
other skills that the inventor alone would be unable
to handle. Also termed incentive-to-invest theory;
incentive-to-innovate theory; prospect theory. Cf. INCEN
TlVE-TO-DESIGN-AROUND THEORY; INCENTIVE-TO-DIS
CLOSE THEORY; INCENTIVE-TO-INVENT THEORY.
incentive-to-design-around theory. Patents. The
economic theory justifying the grant of patent rights
based on their tendency to encourage others to design
substitutes and improvements that are better or
cheaper. Cf. INCENTlVE-TO-COMMERCIALIZE THEORY;
INCENTIVE-TO-DISCLOSE THEORY; INCENTIVE-TO
INVENT THEORY.
incentive-to-disclose theory. Patents. The economic
theory justifying the grant of patent rights based on
the social benefit ofhaVing the information enter the
public domain. _ Without the incentive, the argument
goes, the technical advancements would remain trade
secrets and the duplication ofresearch efforts would be
a waste to society. Cf. INCENTIVE-TO- COMMERCIAL
IZE THEORY; INCENTIVE-TO-DESIGN-AROUND THEORY;
INCENTIVE-TO-INVENT THEORY.
incentive-to-innovate theory. See INCENTIVE-TO-COM
MERCIALlZE THEORY.
incentive-to-invent theory. Patents. The economic
theory justifying the grant of patent rights based on
their tendency to encourage new inventions that henefit
society and that may not otherwise be developed. Cf.
INCENTIVE-TO-COMMERCIALlZE THEORY; INCENTIVE
TO-DESIGN-AROUND THEORY; INCENTIVE-TO-DISCLOSE
THEORY.
incentive-to-invest theory. See INCENTIVE-TO-COMMER
CIALIZE THEORY.
incentive zoning. See ZONING.
incerta persona (in-s,n-td p<:>r-soh-n<:. [Latin "uncer
tain person"] Roman law. A person (or corporate body)
that could not inherit property, such as a person whose
existence was uncertain or whom the testator could not
identify by name (such as the first person to appear at
the testator's funeral). PI. incertae personae.
"Another change under Justinian was of much greater
importance. Gifts of all kinds could now be made to
incertae personae . ..." W.W. Buckland, A TextBook of
Roman Law from Augustus to Justinian 363 (Peter Stein
ed., 3d ed. 1963). Inchmaree clause
incerto patre (in-s;}r-toh pay-tree). [Latin] Hist. From an
uncertain father . The phrase appeared in reference to
illegitimate children.
incest, n. (l3c) 1. Sexual relations between family
members or close relatives, including children related
by adoption . Incest was not a crime under English
common law but was punished as an ecclesiastical
offense. Modern statutes make it a felony. [Cases: Incest
"Although incest under both English and American law is
a distinct crime, its commission may involve any of eight
different offenses: illegal marriage, consensual cohabi
tation by unmarried persons, fornication (consensual
intercourse), forcible rape, statutory rape, child abuse,
and juvenile delinquency (sexual relations between minor
siblings or cousins).... The choice of crime charged is
generally one of prosecutorial discretion. Unless one of the
participants is a minor and the other an adult, both parties
may be prosecuted for incest." Lois G. Forer, "Incest," in 3
Encyclopedia of Crime and Justice 880, 880 (Sanford H.
Kadish ed., 1983).
2. Intermarriage between persons related in any degree
of consanguinity or affinity within which marriage is
prohibited -for example, through the unde-niece
or aunt-nephew relationship. [Cases: Incest
Marriage (;J10.] -incestuous, adj.
incestuosi (in-ses-choo-oh-sr). [Law Latin] Hist. Children
begotten incestuously. Cf. ADULTERINL
incestuous adultery. See ADULTERY.
in chambers. See IN CAMERA.
inchartare (in-kahr-tair-ee), vb. [Law Latin "to put in
charter"] Hist. To grant by written instrument.
in chief. (17c) 1. Principal, as opposed to collateral or
incidental. 2. Denoting the part of a trial in which
the main body of evidence is presented. See CASE-IN
CHIEF.
Inchmaree clause (inch-md-ree). Maritime law. An
insurance-policy provision that protects against risks
not caused by nature, such as a sailor's negligence or a
latent defect in machinery . This term is taken from a
British ship, the Inchmaree, whose sinking in 1884 gave
rise to litigation that led to the clause bearing its name.
See Thames & Mersey Marine Ins. Co. v. Hamilton,
Fraser & Co., [1887] LR. 12 App. Cas. 484. -Also
termed additional-perils clause. [Cases: Insurance
2228,2231.]
"The most celebrated deCision of recent times under the
'general' clause was doubtless Thames & Mersey Marine
Ins. Co. v. Hamilton, Fraser & Co., 12 App.Cas. 484 (1887). A
pump, insured as part of the machinery of a vessel, clogged
through valve failure and was damaged. The House of
lords held this accident arose neither through a 'peril of
the sea' nor through a cause ejusdem generis with the
enumerated perils .... This was a disquieting deciSion,
for it more than suggested that many costly accidents that
might be suffered by the expensive machinery on steam
vessels were not covered by the standard marine policy.
The result was the inclusion of the celebrated 'Inchmaree'
clause in hull policies, extending special coverage not only
to machinery breakage but to many other classes of loss
not covered by the standard perils clause as restrictively
construed." Grant Gilmore & Charles L. Black Jr., The Law
ofAdmiralty  48, at 74 n.90 (2d ed. 1975).

inchoate (in-koh-it), adj. (I6c) Partially completed or
imperfectly formed; just begun. Cf. CHOATE. -incho
ateness, n.
"The word 'inchoate,' not much used in ordinary discourse,
means 'just begun,' 'undeveloped.' The common law has
given birth to three general offences which are usually
termed 'inchoate' or 'preliminary' crimes -attempt, con
spiracy, and incitement. A principal feature of these crimes
is that they are committed even though the substantive
offence is not successfully consummated. An attempt fails,
a conspiracy comes to nothing, words of incitement are
ignored -in all these instances, there may be liability
for the inchoate crime." Andrew Ashworth, Principles of
Criminal Law 395 (1991).
inchoate crime. See inchoate offense under OFFENSE
(1).
inchoate dower. See DOWER.
inchoate instrument. See INSTRUMENT (3).
inchoate interest. See INTEREST (2).
inchoate lien. See LIEN.
inchoate offense. See OFFENSE (1).
inchoate right. 1. A right that has not fully developed,
matured, or vested. 2. Patents. An inventor's right
that has not yet vested into a property right because
the patent application is pending. [Cases: Patents C=>
182.]
incident, adj. (ISc) Dependent upon, subordinate to,
arising out of, or otherwise connected with (something
else, usu. of greater importance) <the utility easement
is incident to the ownership ofthe tract>.
incident, n. (ISc) 1. A discrete occurrence or happening
<an incident of copyright infringement> 2. A depen
dent, subordinate, or consequential part (of something
else) <child support is a typical incident ofdivorce>.
incidental, adj. (I7c) Subordinate to something ofgreater
importance; having a minor role <the FAA determined
that the wind played only an incidental part in the
plane crash>.
incidental admission. See ADMISSION (1).
incidental authority. See AUTHORITY (1).
incidental beneficiary. See BENEFICIARY.
incidental damages. See DAMAGES.
incidental demand. See DEMAND (1).
incidental main motion. See MOTION (2).
incidental motion. See MOTION (2).
incidental power. See incident power under POWER (3).
incidental use. See USE (1).
incidenter (in-si-den-t;:lr). [Latin] Hist. Incidentally.
incident of ownership. (usu. pl.) (1821) Any right of
control that may be exercised over a transferred life
insurance policy so that the policy's proceeds will
be included in a decedent's gross estate for estate-tax
purposes <because Douglas still retained the incidents
of ownership after giving his life-insurance policy to
his daughter, the policy proceeds were taxed against
his estate> . The incidents of ownership include the rights to change the policy's beneficiaries and to borrow
against, assign, and cancel the policy. [Cases: Internal
Revenue C=>41SS.]
incident power. See POWER (3).
incident to employment. Workers' compensation. A risk
that is related to or connected with a worker's job duties.
[Cases: Workers' Compensation C=>61O-611.]
incidere (in-sid-;:l-ree), vb. [Latin "fall into or on"] Roman
law. To come within the scope of a law or to fall into a
legal category; esp. to become involved in a situation
that entangles a person in a legal action . This term
had a similar meaning under English law. For example,
a person might become liable to (or "fall into") amerce
ment (incidere in misericordiam). See AMERCEMENT.
incipitur (in-sip-i-t;:lr). [Law Latin] Hist. It is begun .
This refers to the practice of entering the commence
ment ofa pleading on the court roll.
incite, vb. (ISc) To provoke or stir up (someone to commit
a criminal act, or the criminal act itself). Cf. ABET.
incitee. A person who has been incited, esp. to commit
a crime.
inciteful, adj. Tending to incite <inciteful speech>.
incitement, n. (ISc) 1. The act or an instance of pro
voking, urging on, or stirring up. 2. Criminal law. The
act of persuading another person to commit a crime;
SOLICITATION (2). [Cases: Criminal Law C=>4S.]
inciteful, adj.
"An inciter is one who counsels, commands or advises the
commission of a crime. It will be observed that this defini
tion is much the same as that of an accessory before the
fact. What, then, is the difference between the two? It is
that in incitement the crime has not (or has not necessarily)
been committed, whereas a party cannot be an accessory
in crime unless the crime has been committed. An acces
sory before the fact is party to consummated mischief;
an inciter is guilty only of an inchoate crime." Glanville
Williams, Criminal Law612 (2d ed. 1961).
"Emphasis upon the theory of one offense with guilt attach
ing to several is quite appropriate because it is still part of
the groundwork of our legal philosophy, so far as perpetra
tors, abettors and inciters are concerned, despite the fact
that some of the statutes require lipservice to the notion
of a separate substantive offense, in the effort to


despite the fact
that some of the statutes require lipservice to the notion
of a separate substantive offense, in the effort to avoid
certain procedural difficulties. It explains how one may be
guilty of a crime he could not perpetrate, by having caused
or procured it as a result of his abetment or incitement."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 732-33
(3d ed. 1982).
inciter. (ISc) A person who incites another to commit a
crime; an aider or abettor.
inciting revolt. See MUTINY.
incivile (in-siv-;:l-lee), adj. [Law Latin] Irregular; out of
the due course oflaw.
incivism (in-si-viz-;:lm). (18c) Unfriendliness toward
one's own country or its government; lack of good
citizenship.
inclausa (in-klaw-zJ). [Law Latin] Hist. An enclosure
near a house; a home close. See CLOSE (1).
in clientela (in klr-Jn-tee-l;:l). [Latin] Hist. In the relation
between client and patron.

831 income
inclose, vb. See ENCLOSE.
inclosure. See ENCLOSURE.
include, vb. (I5c) To contain as a part of something. -The
participle including typically indicates a partial list <the
plaintiff asserted five tort claims, including slander and
libel>. But some drafters use phrases such as including
without limitation and including but not limited to
which mean the same thing. See NAMELY.
included offense. See lesser included offense under
OFFENSE (1).
inclusionary-approach rule. (1981) The principle that
evidence ofa prior crime, wrong, or act is admissible for
any purpose other than to show a defendant's criminal
propensity as long as it is relevant to some disputed
issue and its probative value outweighs its prejudicial
effect. [Cases: Criminal Law ~--:)369.2(1).]
indusio unius est exclusio alterius. See EXPRESSIO UNIUS
EST EXCLUSIO ALTERIUS.
inclusive deed. See inclusive grant under GRANT.
inclusive grant. See GRANT.
inclusive legal positivism. See INCORPORATIONISM.
inclusive survey. See SURVEY.
incognito (in-kog-nee-toh or in-kog-ni-toh), adj. or adv.
[Latin "unknown"] (l7c) Without making one's name or
identity known <Binkley flew incognito to France>.
incola (in-k<l-l<l), n. [Latin "an inhabitant"] Roman law. A
foreign resident without full civil rights; the inhabitant
of a foreign colony. -The term is used particularly for
provincial residents who were not Roman citizens.
Also termed (in English) incolant. Cf. PEREGRINUS.
income. (16c) The money or other form of payment that
one receives, usu. periodically, from employment,
business, investments, royalties, gifts, and the like. See
EARNINGS. Cf. PROFIT.
accrued income. (1869) Money earned but not yet
received.
accumulated income. Income that is retained in an
account; esp., income that a trust has generated, but
that has not yet been reinvested or distributed by the
trustee. ICases: Internal Revenue ~4008.]
accumulated taxable income. lhe income of a corpo
ration as adjusted for certain items (such as excess
charitable contributions), less the diVidends-paid
deduction and the accumulated-earnings credit. _
It serves as the base upon which the accumulated
earnings tax is imposed. See accumulated-earn
ings tax under TAX. [Cases: Internal Revenue
3833.J
active income. (1972) 1. Wages; salary. 2. Income from
a trade or business.
adjusted gross income. (1940) Gross income minus
allowable deductions specified in the tax code. -
Abbr. AGI. [Cases; Taxation <>:>3447.J
adjusted ordinary gross income. A corporation's gross
income less capital gains and certain expenses. The IRS uses this calculation to determine whether
a corporation is a personal holding company. If60%
or more of a corporation's AOGI consists of certain
passive investment income, the company has met the
test for personal-holding-company c1assification.IRC
(26 USCA)  543(b). -Abbr. AOGI. See personal
holding company under COMPANY. [Cases: Internal
Revenue ~3853-3858.]
aggregate income. (1926) The combined income of a
husband and wife who file a joint tax return. [Cases:
Internal Revenue ~3566.1, 4481.]
blocked income. Money earned by a foreign taxpayer
but not subject to U.S. taxation because the foreign
country prohibits changing the income into dollars.
current income. Income that is due within the present
accounting period. -Also termed current revenue.
deferred income. (1918) Money received at a time later
than when it was earned, such as a check received in
January for commissions earned in November.
disposable income. (1960) Income that may be spent
or invested after payment of taxes and other primary
obligations. -Also termed disposable earnings.
distributable net income. (1918) The amount of dis
tributions from estates and trusts that the beneficia
ries will have to include in income. [Cases: Internal
Revenue ~3173, 4018.]
dividend income. (1930) The income resulting from
a dividend distribution and subject to tax. [Cases:
Internal Revenue ~3743-3774; Taxation
3458.]
earned income. (1894) Money derived from one's own
labor or active participation; earnings from services.
Cf. unearned income (2).
exempt income. (1947) Income that is not subject to
income tax. [Cases: Internal Revenue C=::4045-4071;
Taxation (;:::;,3518.]
fixed income. Money received at a constant rate, such
as a payment from a pension or annuity.
gross income. (1843) Total income from all sources
before deductions, exemptions, or other tax reduc
tions. See IRC (26 USCA)  61. Also termed gross
earnings. [Cases: Taxation ~3447.]
imputed income. (1948) lhe benefit one receives from
the use of one's own property, the performance of
one's services, or the consumption of self-produced
goods and services.
income in respect ofa decedent. (1945) Income earned
by a person, but not collected before death. This
income is included in the decedent's gross estate for
estate-tax purposes. For income-tax purposes, it is
taxed to the estate or, if the estate does not collect
the income, it is taxed to the eventual recipient.
Abbr. IRD. [Cases: Internal Revenue ~4035-4039;
Taxation ~3495.J
"If a decedent has earned income that he or she had not
received before death and was not entitled to receive before
death. such income is known -for Federal Income Tax

832 income-and-expense declaration
purposes as 'income in respect of a decedent' (I.R.D.).
For example, if the decedent earned fees or salary or wages
for work done before death but not payable until later, and
if decedent was a cash method taxpayer (versus an accrual
method taxpayer), that earned but unpaid income would
not properly be shown on the final income tax return filed
for the decedent, for that taxable period ends with the
date of death. Rather it is I.R.D. that becomes taxable to
the estate of the decedent.'"John K. McNulty, Federal Estate
and Gift Taxation in a Nutshell 89 (5th ed. 1994).
investment income. See unearned income (1).
net income. (18c) Total income from all sources minus
deductions, exemptions, and other tax reductions.
 Income tax is computed on net income. -Also
termed net earnings. [Cases: Taxation ~3448.]
net operating income. Income derived from operating
a business, after subtracting operating costs.
nonoperating income. Business income derived from
investments rather than operations.
operating income. See ordinary income (1).
ordinary income. (1860) 1. For business-tax purposes,
earnings from the normal operations or activities
of a business. Also termed operating income. 2.
For individual income-tax purposes, income that is
derived from sources such as wages, commissions,
and interest (as opposed to income from capital
gains). [Cases: Internal Revenue (;:=>3230.1-3257;
Taxation 3466.]
other income. Income not derived from an entitv's
principal business, such as earnings from dividen'ds
and interest.
passive income. (1958) Income derived from a business,
rental, or other income-producing activity that the
earner does not directly participate in or has no
immediate control over. See PASSIVE ACTIVITY. Cf.
portfolio income.
passive investment income. Investment income that
does not involve or require active participation, such
as gross receipts from royalties, rental income, divi
dends, interest, annuities, and gains from the sale
or exchange of securities. IRC (26 USCA)  1362(d).
[Cases: Internal Revenue
personal income. (1851) The total income received by
an individual from all sources.
portfolio income. (1978) Income not derived in the
ordinary course ofa trade or business, such as interest
earned on saVings, dividends, royalties, capital gains,
or other investment sources. For tax purposes,
losses on passive activities cannot be used to offset
net portfolio income. Cf. passive income.
prepaid income. (1935) Income received but not yet
earned. Also termed deferred revenue.
previously taxed income. An S corporation's undistrib
uted taxable income taxed to the shareholders as ofthe
last day of the corporation's tax year . This income
could usu. be withdrawn later by the shareholders
without tax consequences. PTr has been replaced by the accumulated adjustments account. -Abbr.
PTI.
real income. Income adjusted to allow for inflation or
deflation so that it reflects true purchasing power.
regular income. Income that is received at fixed or
specified intervals.
split income. (1949) An equal division between spouses
of earnings reported on a joint tax return, allowing
for equal tax treatment in community-property and
common-law states.
taxable income. (1856) Gross income minus all allow
able deductions and exemptions . Taxable income
is multiplied by the applicable tax rate to compute
one's tax liability. [Cases: Internal Revenue 0=)4529;
Taxation (;:=>3448.]
unearned income. (1921) 1. Earnings from investments
rather than labor. Also termed investment income.
2. Income received but not yet earned; money paid in
advance. Cf. earned income.
unrelated-business income. (1952) Tax. Gross income
earned by a nonprofit corporation from activities
unrelated to its nonprofit functions . A nonprofit
corporation's income is tax-exempt only to the extent
that it is produced by activities directly related to its
nonprofit purpose. Also termed unrelated-busil1eSS
taxable income. IRC (26 USCA)  512(a)(3)(A). [Cases:
Internal Revenue (;:=>4068.]
"The [Internal Revenue] Service has justified the unrelated
business income tax as a means of preventing unfair
competition between tax-exempt and for-profit provid
ers. Thus, part of the analysis of whether income from
a business venture is unrelated business taxable income
focuses on the impact of the activity on competitors by
inquiring whether the activity at issue is one generally
offered by commercial enterprise. The categorization of
a business activity of an exempt organization as related
or unrelated to the exempt purpose of the organization
follows very few bright-line rules. Approaches to the
question of exempt purposes within the context of unre
lated business income differ substantially from those used
in the context of the qualification of an entity for exempt
status itself: Barry R. Furrow et aI., Health Law  81, at
419 (2d ed. 2000).
income-and-expense declaration. Family law. In child
support litigation, a document that contains infor
mation on a parent's income, assets, expenses, and
liabilities. -Also termed financial statement. [Cases:
Child Support ~183.]
income approach. (1951) A method of appraising real
property based on capitalization ofthe income that the
propertyis expected to generate. -Also termed illcome
capitalization approach. Cf. MARKET APPROACH; COST
APPROACH. [Cases: Taxation
income averaging. Tax. A method ofcomputing tax by
averaging a person's current income with that of pre
ceding years. [Cases: Internal Revenue (;::=03092.]
"A distinct departure from the strict annual system of
taxing income is the concept of averaging income, allowed
until repeal by the 1986 T.R.A .... [T]he rate at which the
item was taxed was made to depend not only on the rates
and level of income for that year, but upon the taxpayer's

833 in confinio majoris aetatis
experience over the past four years. The item was (some
times) taxed as if it had been received over a fouryear
period. Especially for authors, actors, athletes, and other
taxpayers who have fluctuating or bunched income and
face graduated tax rates that apply on an annual basis,
income averaging was most important." John K. McN


bunched income and
face graduated tax rates that apply on an annual basis,
income averaging was most important." John K. McNulty,
Federal Income Taxation of Individuals in a Nutshell 353
(5th ed. 1995).
income-based plan. See CHAPTER 13.
income-basis method. A method ofcomputing the rate
of return on a security using the interest and price paid
rather than the face value.
income beneficiary. See BENEFICIARY.
income bond. See BOND (3).
income-capitalization approach. See INCOME
APPROACH.
income exclusion. See EXCLUSION (1).
income fund. See MUTUAL FUND.
income in respect ofa decedent. See INCOME.
income property. See PROPERTY.
income-shifting. (1957) The practice of transferring
income to a taxpayer in a lower tax bracket, such as
a child, to reduce tax liability . Often this is accom
plished by forming a Clifford trust. See Clifford trust
under TRUST; kiddie tax under TAX.
income statement. (1863) A statement ofall the revenues,
expenses, gains, and losses that a business incurred
during a given period. -Also termed statement of
income; profit-and-Ioss statement; earnings report. Cf.
BALANCE SHEET.
income stock. See STOCK.
income tax. See TAX.
income-tax deficiency. See DEFICIENCY (2).
income-tax return. See TAX RETURN.
income-tax withholding. See WITHHOLDING.
income-withholding order. (1986) A court order pro
viding for the withholding of a person's income by an
employer, usu. to enforce a child-support order. -Also
termed wage-withholding order; wage-assignment order;
wage assignment. Cf. ATTACHMENT OF WAGES.
income yield. See CAPITALIZATION RATE.
in commendam (in k;l-men-d;Jlu). [Law Latin] Civil law.
In trust. The phrase typically refers to property held
in a limited partnership. See limited partnership under
PARTNERSHIP. [Cases: Partnership C=>349.]
in common. (16c) Shared equally with others, undi
vided into separately owned parts. -Also termed in
communi. See tenancy in common under TENANCY.
in communi (in k;l-myoo-nr). [Law Latin] In common.
incommunicado (in-b-myoo-ni-kah-doh), adj.
[Spanish] (1844) 1. Without any means ofcommunica
tion. 2. (Of a prisoner) having the right to communicate
with only a few designated people. in communiforma (in k;l-myoo-nr for-m;l). [Law Latin]
Hist. In common form; in general form rather than
special form. -Also written in forma communi.
incommutable (in-b-myoot-;l-b;ll), adj. (18c) (Of an
offense) not capable of being commuted. See COMMU
TATION.
incompatibility, n. (1875) Conflict in personality and
disposition, usu.leading to the breakup ofa marriage .
Every state now recognizes some form ofincompatibil
ity as a no-fault ground for divorce. See noJault divorce
under DIVORCE. Cf. IRRECONCILABLE DIFFERENCES;
IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE.
Incompatibility Clause. The clause ofthe U.S. Constitu
tion prohibiting a person from simultaneously holding
offices in both the executive and legislative branches of
the federal government. U.S. Const. art. I,  6, par. 2, cl.
2. [Cases: Officers and Public Employees C=>30.3.]
incompetence, n. (17c) 1. The state or fact of being
unable or unqualified to do something <the dispute
was over her alleged incompetence as a legal assistant>.
2. INCOMPETENCY <the court held that the affidavit was
inadmissible because of the affiant's incompetence>.
incompetency, n. (17c) Lack of legal ability in some
respect, esp. to stand trial or to testify <once the defense
lawyer established her client's incompetency, the client
did not have to stand trial>. -Also termed incompe
tence; mental incompetence. Cf. INCAPACITY. [Cases:
Mental Health C=>432; Witnesses C=>35.] -incom
petent, adj.
incompetency hearing. See PATE HEARING.
incompetent, adj. (l6c) 1. (Of a witness) unqualified to
testify. [Cases: Witnesses C=>35.] 2. (Of evidence) inad
missible. This sense is often criticized, as in the quo
tation below. [Cases: Criminal Law C=>385; Evidence
C=>148.]
"[/ncompetentl is constantly used loosely as equivalent to
'inadmissible' on any ground. This use should be avoided."
John H. Wigmore, A Students' Textbook of the Law of
Evidence 36 (1935).
incompetent evidence. See EVIDENCE.
incomplete instrument. See INSTRUMENT (3).
incompleteness rejection. See REJECTION.
incomplete transfer. See TRANSFER.
in computo (in k;lm-pyoo-toh). [Law Latin] Hist. In com
putation.
inconclusive, adj. (18c) (Of evidence) not leading to a
conclusion or definite result.
in confinio majoris aetatis (in bn-fin-ee-oh m;l-jor-is
ee-tay-tis). [Latin] Hist. Having nearly attained
majority. A person that undertook an obligation in
confinio majoris aetatis could be held liable despite
the fact that the person pleaded minority status. See
MAjORENNITATI PROXIMUS. Cf. IN CONFINIO MINORIS
AETATIS.

834 in confinio minoris aetatis
in confinio minoris aetatis (in k;m-fin-ee-oh mi-nor
is ee-tay-tis). [Latin) Hist. Having nearly attained
minority. Cf. IN CONFINIO MAJORIS AETATIS.
in consequentiam (in kon-sa-kwen-shee-am). [Latin]
Hist. As a consequence.
in consideratione inde (in bn-sid-a-ray-shee-oh-nee
in-dee). [Law Latin] In consideration thereof.
in consideratione legis (in bn-sid-a-ray-shee-oh-nee
lee-jis). [Law Latin]l. In consideration or contempla
tion oflaw. 2. In abeyance.
in consideratione praemissorum (in bn-sid-a-ray-shee
oh-nee pree-mi-sor-am). [Law Latin] In consideration
ofthe premises.
in consimili casu (in kan-sim-a-h kay-s[y] 00). See CASU
CONSIMILI.
inconsistent, adj. (17c) Lacking agreement among parts;
not compatible with another fact or claim <inconsistent
statements>.
inconsistent defense. See DEFENSE (1).
inconsistent presumption. See conflicting presumption
under PRESUMPTION.
inconsistent statement. See prior inconsistent statement
under STATEMENT.
in conspectu ejus (in kan-spek-t[yJoo ee-jas). [Law Latin]
In his sight or view.
in contemplation of death. See CONTEMPLATION OF
DEATH.
incontestability clause. Insurance. An insurance-pol
icy provision (esp. found in a life-insurance policy)
that prevents the insurer, after a specified period (usu.
one or two years), from disputing the policy's validity
on the basis of fraud or mistake; a clause that bars all
defenses except those reserved (usu. conditions and the
payment ofpremiums). Most states require that a life
insurance policy contain a clause making the policy
incontestable after it has been in effect for a specified
period, unless the insured does not pay premiums or
violates policy conditions relating to military service.
Some states also require similar provisions in accident
and sickness policies. -Also termed noncontestabil
ily clause; incontestable clause; uncontestable clause.
Cf. CONTESTABILITY CLAUSE. [Cases: Insurance C=:>
3121.]
incontestability status. Trademarks. A classification of
a trademark that meets certain criteria including
commercial use for five years after being placed on the
Principal Register -as immune from legal challenge.
 Although incontestability does not confer absolute
immunity, it makes a challenge much more difficult 15
GSCA  1065. [Cases: Trademarks C=:> 1352.]
incontestable policy. See INSURANCE POLICY.
incontinenti (in-kon-ti-nen-tI), adv. [Law Latin) Imme
diately; without any interval or intermission. -Also
spelled in continenti.
incontrovertible-physical-facts doctrine. See PHYSICAL
FACTS RULE. inconvenience. See RULE OF INCONVENIENCE.
inconvenient forum. See FORUM NON CONVENIENS.
incorporamus (in-kor-pa-ray-mas). [Law LatinJ Hist. We
incorporate . This word indicated an intent to incor
porate.
"All the other methods therefore whereby corporations
exist, by common law, by prescription, and by act of
parliament, are for the most part reducible to this of the
king'5 letters patent, or charter of incorporation. The
king's creation may be performed by the words 'creamus,
erigimus, fundamus, incorporamus,' or the like," 1 William
Blackstone, Commentaries on the Laws of England 461
(1765).
incorporate, vb. (14c) 1. To form a legal corporation <she
incorporated the family business>. [Cases: Corpora
tions C=:>1.J 2. To combine with something else <incor
porate the exhibits into the agreement>. 3. To make
the terms of another (esp. earlier) document part of a
document by specific reference <the codicil incorpo
rated the terms ofthe will>; esp., to apply the provisions
ofthe Bill ofRights to the states by interpreting the 14th
Amendment's Due Process Clause as encompassing
those provisions.
incorporation, n. (15c) 1. The formation of a legal cor
poration. See ARTICLES OF INCORPORATION. [Cases:
Corporations C=:> 1.] 2. Constitutional law. The process
of applying the provisions of the Bill of Rights to the
states by interpreting the 14th Amendment's Due
Process Clause as encompassing those provisions .
In a variety ofopinions since 1897, the Supreme Court
has incorporated the First, Fourth, Sixth, and Ninth
Amendments into the Fourteenth Amendment's Due
Process Clause. [Cases: Constitutional Law C=:>3850.]
selective incorporation. Incorporation of certain
provisions of the Bill of Rights. Justice Benjamin
Cardozo, who served from 1932 to 1938, first advo
cated this approach. [Cases: Constitutional Law
3850.]
total incorporation. Incorporation ofall of the Bill of
Rights. Justice Hugo Black, who served on the U.S.
Supreme Court from 1937 to 1971, first advocated this
approach. [Cases: Constitutional Law C=:>3850.J
3. INCORPORATION BY REFERENCE. incorporate,
vb.
incorporation by reference. (1886) 1. A method of
making a secondary document part of a primary
document by including in the primary document
a statement that the secondary document should be
treated as ifit were contained within the primary one.
 With a contract, the document to be incorporated
must be referred to and described in the contract in
such a way that the document's identity is clear beyond
doubt. With a will, the rule applies only to clearly iden
tified writings that existed when the testator signed the
will. Gnif. Probate Code  2-510. Not all jurisdictions
follow this rule for either contracts or wills. -Often
shortened to incorporation. Also termed adoption by
reference. [Cases: Contracts Wills (;:='98.1 2.
Patents. The explicit inclusion in one patent application

of information already contained in another document,
such as another patent or patent application . Gener
ally, the reference must be to a U.S. patent or applica
tion ifthe information is essential (i.e., the description,
enabling disclosure, or best mode), but otherwise it
may be to a foreign patent or a nonpatent publication.
Incorporation by reference is often used in a continuing
application to cite the disclosure contained in a parent
application. Cf. CROSS-REFERENCE. [Cases: Patents
99.] 3. Patents. The inclusion in a patent claim ofinfor
mation from an external drawing or table . Incorpora
tion by reference is a necessity doctrine, available when
there is no other practical way to convey the informa
tion in words, and when it is more concise and clear
to refer the examiner to the graphic element. [Cases:
Patents (;:::c. 100.]
incorporationism. The philosophical view that (1) law
is made possible by an interdependent convergence of
behavior and attitude, esp. in agreements that take the
form of social conventions or rules; (2) authoritative
legal pronouncements must distinguish some situa
tions from others; and (3) the legality of norms can
depend on their substantive moral merit, not just on
their pedigree or social source. See Jules Coleman,Ihe
Practice ofPrinciple (2001); Wl Waluchow, Inclusive
Legal Positivism (1994). -Also termed soft positivism;
inclusive legal positivism.
incorporator. (1883) A person


termed soft positivism;
inclusive legal positivism.
incorporator. (1883) A person who takes part in the for
mation ofa corporation, usu. by executing the articles
of incorporation. -Also termed corporator.
"An 'incorporator' must be sharply distinguished from a
'subscriber.' The latter agrees to buy shares in the cor
poration; in other words, a subscriber is an investor and
participant in the venture. An 'incorporator' on the other
hand serves the largely ceremonial or ministerial functions
described in this section. At one time many states required
that an incorporator also be a subscriber of shares;
however, such requirement appears to have disappeared
in all states." Robert W. Hamilton, The Law ofCorporations
in a Nutshell 34 (3d ed. 1991).
in corpore (in kor-p<1-ree). [Latin] In body or substance;
in a material thing or object.
incorporeal (in-kor-por-ee-<1I), adj. (ISc) Having a con
ceptual existence but no physical existence; INTANGI
BLE <copyrights and patents are incorporeal property>.
Cf. CORPOREAL. -incorporeality, n.
incorporeal chattel. See incorporeal property under
PROPERTY.
incorporeal hereditament. See HEREDITAMENT.
incorporeal ownership. See OWNERSHIP.
incorporeal possession. See POSSESSION.
incorporeal property. See PROPERTY.
incorporeal right. See RIGHT.
incorporeal thing. 1. See incorporeal property under
PROPERTY. 2. See THING.
in corporihus sed non in quantitatibus (in kor-por-<1
b;JS sed non in kwon-ti-tay-t;J-b<1s). [Law Latin] Hist.
In separate and distinct subjects, but not in things estimated in quantities . The phrase appeared in ref
erence to the best of a decedent's movable property
to which an heir had a right. This property typically
included animals and equipment but not wine or grain
because wine and grain were estimated in quantities.
incorrigibility (in-kor-J-jJ-bil-;3-tee or in-kahr-), n. (14c)
Serious or persistent misbehavior by a child, making
reformation by parental control impossible or unlikely.
Cf. JUVENILE DELINQUENCY. [Cases: Infants (;:::c151.]
incorrigible, adj.
incorrigible (in-kor-;>-j;>-b;31 orin-kahr-), adj. (14c) Inca
pable ofbeing reformed; delinquent.
incorrigible child. See CHILD.
Incoterm (in[gJ-koh-t;3rm). A standardized shipping
term, defined by the International Chamber of
Commerce, that apportions the costs and liabilities
of international shipping between buyers and sellers.
See EX WORKS; COST, INSURANCE, AND FREIGHT; COST
AND FREIGHT; FREE ALONGSIDE SHIP; FREE ON BOARD.
[Cases: Shipping 104.]
increase (in-krees), n. (14c) 1. The extent ofgrowth or
enlargement. 2. Archaic. 'Ihe produce ofland or the
offspring ofhuman beings or animals. -increase (in
krees), vb.
increase, costs of. See COSTS OF INCREASE.
increased-risk-of-harm doctrine. See LOSS-OF-CHANCE
DOCTRINE.
increment (in[g]-kr<1-m;3nt), n. (lSc) A unit of increase
in quantity or value. -incremental, adj.
unearned increment. An increase in the value of real
property due to population growth.
incremental cash flow. See CASH FLOW.
incrementum (in-kr;3-men-tJm). [Latin] Hist. Increase.
 This term appeared in various phrases, such as costs
de incremento ("costs of increase"). See COSTS OF
INCREASE.
increscitur (in-kres-i-t;3r). See ADDITUR.
incriminate (in-krim-d-nayt), vb. (18c) 1. To charge
(someone) with a crime <the witness incriminated the
murder suspect>. 2. To identify (oneself or another) as
being involved in the commission of a crime or other
wrongdoing <the defendant incriminated an accom
plice>. Also termed criminate. incriminatory,
adj.
incriminating. adj. (18c) Demonstrating or indicat
ing involvement in criminal activity <incriminating
evidence>.
incriminating admission. See ADMISSION (1).
incriminating circumstance. See CIRCUMSTANCE.
incriminating evidence. See EVIDENCE.
inCriminating statement. See STATEMENT.
incrimination. (I8c) 1. The act ofcharging someone with
a crime. 2. The act of involving someone in a crime.
Also termed crimination. See SELF-INCRIMINATION.

incroach, vb. Archaic. See ENCROACH.
incroachment. Archaic. See ENCROACHMENT.
in cujus rei testimonium (in kyoo-jas ree-I tes-ta-moh
nee-am). [Law Latin) Hist. In witness whereof. -These
words were used to conclude deeds. The modern
phrasing ofthe testimonium clause in deeds and other
instruments beginning with in witness whereof -is
a loan translation of the Latin.
inculpatae tutelae moderatio. See MIDERAMEN INCUL
PATAE TCTELAE.
inculpate (in-kdl-payt or in-kal-payt), vb. (18c) 1. To
accuse. 2. To implicate (oneself or another) in a crime
or other wrongdoing; INCRIMINATE. -inculpation,
n. -inculpatory (in-bl-p;:Hor-ee), adj.
inculpatory evidence. See EVIDENCE.
incumbent (in-k;>m-b:mt), n. (15c) One who holds an
official post, esp. a political one. incumbency, n.
incumbent, adj.
incumbrance. See ENCUMBRANCE.
incur, vb. (15c) To suffer or bring on oneself (a liability or
expense). incurrence, n. incurrable, adj.
incurramentum (in-ka-ra-men-tdm). [fr. Latin in "upon"
+ currere "to run"] Hist. The incurring of a fine or
penalty.
incurred risk. See ASSUMPTION OF THE RISK (2).
in cursu diligentiae (in k"r-s[yJoo dil-d-jen-shee-ee).
[Law Latin] Hist. In the course ofdoing diligence -i.e.,
executing a judgment.
in cursu rebellionis (in br-s[yJoo ri-bel-ee-oh-nis). [Law
Latin] Hist. In the course ofrebellion.
"In cursu rebellion is . .. All persons were formerly
regarded as in rebellion against the Crown who had been
put to the horn for non-fulfilment of a Civil obligation; their
whole moveable estate fell to the Crown as escheat; they
might be put to death with impunity; and lost all their legal
privileges, Ifthe denunciation remained unrelaxed for year
and day (which was the time known as the cursus rebel
!ionis), the rebel was esteemed civiliter mortuus, and his
heritage reverted to the superior .... Denunciation for civil
obligation and its consequences were in effect abolished
by the Act 20 Geo. II. c. 50." John Trayner, Trayner's Latin
Maxims 257 (4th ed. 1894),
in custodia legis (in kd-stoh-dee-a lee-jis). [Latin) In
the custody ofthe law <the debtor's automobile was in
custodia legiS after being seized by the sheriff>. -The
phrase is traditionally used in reference to property
taken into the court's charge during pending litigation
over it. Also termed in legal custody. [Cases: Attach
ment Execution C:;::J 55; Garnishment <:>::>58,]
in damno vitando (in dam-noh vI-tan-doh). [Latin] Hist.
In endeavoring to avoid damage (or injury).
inde (in-dee), adv. [Latinj Hist. Thence; thereof, _ This
word appeared in several Latin phrases, such as quod
eat inde sine die ("that he go thence without day").
indebitatus (in-deb+tay-tas), p.pl. [Law Latin] Indebted.
See NUNQUAM INDEBITATUS. indebitatus assumpsit (in-deb-i-tay-tds a-s3m[p]-sit).
See ASSt:MPSIT.
indebiti solutio (in-deb-i-tI sd-Hyjoo-shee-oh). [Latin]
Roman & Scots law. Payment of what is not owed.
Money paid under the mistaken belief that it was owed
could be recovered by condictio indebiti. See condictio
indebiti under CONDICTIO.
"Indebiti Solutio When a person has paid in error what
he was not bound to pay the law lays upon the person who
has received payment a duty of restitution, . , , Payment
(solutio) includes any performance whereby one person
has been enriched at the expense of another. Usually it
will be the handing over of money or of some other thing,
but it may also consist in undertaking a new liability or in
discharging an existing liability." R.w. Lee, The Elements of
Roman Law 373-74 (4th ed. 1956),
indebitum (in-deb-i-tdm), n. & adj. Roman law. A debt
that in fact is not owed. -Money paid for a nonexistent
debt could be recovered by the action condictio indebiti.
Cf. DEBITUM.
"A conditional debt if paid could be recovered as an inde
bitum, so long as the condition was outstanding." W,W.
Buckland, A Manual of Roman Private Law 255 (2d ed.
1939).
indebtedness (in-det-id-nis). (17c) 1. The condition or
state ofowing money. 2. Something owed; a debt.
indecency, n. (16c) The state or condition of being out
rageously offensive, esp. in a vulgar or sexual way.
Unlike obscene material, indecent speech is protected
under the First Amendment. Cf. OBSCENITY. [Cases:
Obscenity C:;::J LJ indecent, adj.
"Obscenity is that which is offenSive to chastity. Indecency
is often used with the same meaning, but may also include
anything which is outrageously disgusting, These were not
the names of common-law crimes, but were words used in
describing or identifying certain deeds which were," Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 471 (3d ed.
1982),
indecent advertising. 1. Signs, broadcasts, or other forms
ofcommunication that use grossly objectionable words,
symbols, pictures, or the like to sell or promote goods,
services, events, etc. 2. Archaic, In some jurisdictions,
the statutory offense of advertising the sale ofaborti
facients and (formerly) contraceptives.
indecent assault. See sexual assault (2) under ASSAULT.
indecent assault by contact. See sexual assault (2) under
ASSAULT.
indecent assault by exposure. See INDECENT EXPOSURE.
indecent exhibition. The act of publicly displaying or
offering for sale something (such as a photograph or
book) that is outrageously offensive, esp, in a vulgar or
sexual way, [Cases: Obscenity C:;::J6, 7.)
indecent exposure. (1828) An offensive display of one's
body in public, esp. of the genitals. -Also termed
indecent assault by exposure; exposure ofperson. Cf.
LEWDNESS; OBSCENITY. [Cases: Obscenity <r":::>3.]
"Indece.nt exposure of the person to public view is also a
common-law misdemeanor. Blackstone did not deal with it
separately. The last offense which I shall mention,' he said,
'more immediately against religion and morality, and cogni
zable by the temporal courts, is that of open and notorious

lewdness; either by frequenting houses of ill fame, which
is an indictable offense; or by some grossly scandalous
and public indecency, for which the punishment is by fine
and imprisonment.' In other words private indecency was
exclusively under the jurisdiction of the ecclesiastical court
but public indecency ofan extreme nature was indictable:
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 473 (3d
ed. 1982) (quoting 4 William Blackstone, Commentaries on
the Laws of England 64 (l769)).
indecent liberties. (I8c) Improper behavior, usu. toward
another person, esp. ofa sexual nature. [Cases: Infants
indedmable (in-des-<l-m<l-bl), adj. Hist. Not titheable;
not liable for tithes.
indefeasible (in-d<l-feez-<l-b;ll), adj. (16c) (Of a claim or
right) not vulnerable to being defeated, revoked, or lost
<an indefeasible estate>.
indefeasible remainder. See REMAINDER.
indefeasibly vested remainder. See indefeasible remain
der under REMAINDER.
indefensus (in-da-fen-s;ls), n. [Latin "undefended"]
Roman law. A person who fails to make a defense or
plea to an action . The term later acquired a similar
meaning in English law.
indefinite detainee. See NONREMOVABLE INMATE.
indefinite failure ofissue. See FAILURE OF ISSUE.
indefinite payment. See PAYMENT.


indefinite failure ofissue. See FAILURE OF ISSUE.
indefinite payment. See PAYMENT.
indefinite postponement. See postpone indefinitely
under POSTPONE.
indefinite sentence. See indeterminate sentence under
SENTENCE.
indefinite sentencing. See INDETERMINATE SENTENC
ING.
in Dei nomine (in dee-I nahm-a-nee). [Latin) Hist. In the
name ofGod. The opening phrase ofcertain writs.
in delicto (in d;l-Iik-toh). [Latin] In fault. See IN PARI
DELICTO. Cf. EX DELICTO (1).
indemnification (in-dem-na-fi-kay-shan), n. (I8c) 1. The
action of compensating for loss or damage sustained.
2. The compensation so made. [Cases: Indemnity
20.) -indemnificatory, adj.
indemnifier. See INDEMNITOR.
indemnify (in-dem-na-fI), vb. (17c) 1. To reimburse
(another) for a loss suffered because of a third party's
or one's own act or default; HOLD HARMLESS. [Cases:
Indemnity C=::>20-84.J 2. To promise to reimburse
(another) for such a loss. [Cases: Indemnity
3. To give (another) security against such a loss.
indemnifiable, adj.
indemnis (in-dem-nis), adj. [Latin] Hist. Free from loss
or damage; harmless.
indemnitee (in-dem-na-tee). (1884) One who receives
indemnity from another. [Cases: Indemnity C=::>3I(3),
33,63.) indemnitor (in-dem-na-t;lr or -tor). (1827) One who
indemnifies another. -Also termed indemnifier.
[Cases: Indemnity C=::>3I(3), 33,63.)
indemnity (in-dem-na-tee), n. (ISc) 1. A duty to make
good any loss, damage, or liability incurred by another.
[Cases: IndemnityC=::>20, 25, 50-61.]2. The right of
an injured party to claim reimbursement for its loss.
damage, or liability from a person who has such a duty.
3. Reimbursement or compensation for loss, damage,
or liability in tort; esp., the right ofa party who is sec
ondarily liable to recover from the party who is primar
ily liable for reimbursement of expenditures paid to a
third party for injuries resulting from a violation of a
common-law duty. Cf. CONTRIBUTION. indemni
tory, adj.
contractual indemnity. Indemnity that is expressly
provided for in an agreement. [Cases: Indemnity
C=::>25.)
double indemnity. (1859) The payment of twice the
basic benefit in the event of a specified loss, esp. as
in an insurance contract requiring the insurer to pay
twice the policy's face amount in the case ofacciden
tal death. rCases: Insurance
equitable indemnity. 1. A doctrine allOWing a defen
dant in a tort action to allocate blame to a codefendant
or cross-defendant, and thereby to proportionally
reduce legal responsibility, even in the absence ofcon
tractual indemnity. -Also termed implied indem
nity; doctrine ofequitable indemnity. 2. See implied
contractual indemnity. 3. See implied indemnity.
[Cases: Indemnity C=::>51.j
implied contractual indemnity. Indemnity that is not
expressly provided for by an indemnity clause in an
agreement but is nevertheless determined to be rea
sonably intended by the parties, based on equitable
considerations. Also termed eqUitable indemnity.
lCases: Indemnity C=::>54.J
implied indemnity. Indemnity arising from equitable
considerations and based on the parties' relationship,
as when a guarantor pays a debt to a creditor that the
principal debtor should have paid. Also termed
equitable indemnity. [Cases: Indemnity
indemnity against liability. (1838) A right to indem
nitythat arises on the indemnitor's default, regardless
ofwhether the indemnitee has suffered a loss. [Cases:
Indemnity C=::>31(4), 42.)
"Indemnity against Liability ~-Where the indemnity is
against liability, the cause of action is complete and the
indemnitee may recover on the contract as soon as his
liability has become fixed and established, even though
he has sustained no actual loss or damage at the time he
seeks to recover. Thus, under such a contract, a cause
of action accrues to the indemnitee on the recovery of a
judgment against him, and he may recover from the indem
nitor without proof of payment of the judgment." 42 c.J.5.
Indemnity  22 (1991).
indemnity bond. See BOND (2).
indemnity clause. (1860) A contractual provision in
which one party agrees to answer for any specified or

838 indemnity contract
unspecified liability or harm that the other party might
incur. -Also termed hold-harmless clause; save-harm
less clause. Cf. EXEMPTION CLAUSE. [Cases: Indemnity
C=>25,31(4).]
indemnity contract. See CONTRACT.
indemnity insurance. See first-party insurance under
INSURANCE.
indemnity land. 1. Public land granted to a railroad
company to help defray the cost ofconstructing a right
of-way . This land indemnifies a railroad company
for land given in a previous grant but later rendered
unavailable for railroad use by a disposition or reser
vation made after the original grant. [Cases: Public
Lands C=>70.] 2. Federally owned land granted to a
state to replace previously granted land that has since
been rendered unavailable for the state's use. -Also
termed place land.
indemnity mortgage. See deed oftrust under DEED.
indemnity principle. Insurance. The doctrine that an
insurance policy should not confer a benefit greater
in value than the loss suffered by the insured. [Cases:
Insurance C=>2104.]
indenization (in-den-i-zay-sh,m), n. See DENIZATION.
indenizen. See ENDENIZEN.
indent, n. 1. Hist. An indented certificate ofindebtedness
issued by the U.S. government or a state government
in the late 18th or early 19th century. 2. A contract or
deed in writing.
indent (in-dent), vb. Hist. 1. To cut in a serrated or wavy
line; esp., to sever (an instrument) along a serrated line
to create multiple copies, each fitting into the angles of
the other. See CHIROGRAPH; INDENTURE (1).
"If a deed be made by more parties than one, there ought to
be regularly as many copies of it as there are parties, and
each should be cut or indented (formerly in acute angles
instar dentium, but at present in a waving line) on the top
or side, to tally or correspond with the other; which deed,
so made, is called an indenture.... Deeds thus made
were denominated syngrapha by the canonists; and with
us chirographa, or hand-writings; the word cirographum or
cyrographum being usually that which is divided in making
the indenture ...." 2 William Blackstone, Commentaries on
the Laws ofEngland 295-96 (1766).
2. To agree by contract; to bind oneself. 3. To bind (a
person) by contract.
indented deed. See INDENTURE (1).
indenture (in-den-chdr), n. (14c) 1. A formal written
instrument made by two or more parties with differ
ent interests, traditionally having the edges serrated, or
indented, in a zigzag fashion to reduce the possibility of
forgery and to distinguish it from a deed poll. -Also
termed indented deed. Cf. deed poll under DEED. [Cases:
Deeds C=>3.] 2. A deed or elaborate contract Signed by
two or more parties.
''The distinction between a deed poll and an indenture is
no longer important since 8 & 9 Vict. C. 106,  5. Formerly
a deed made by one party had a polled or smooth-cut
edge, a deed made between two or more parties was
copied for each on the same parchment, and the copies
cut apart with indented edges, so as to enable them to be identified by fitting the parts together. Such deeds were
called indentures. An indented edge is not now necessary
to give the effect of an indenture to a deed purporting to
be such." William R. Anson, Principles ofthe Law ofContract
84 (Arthur l. Corbin ed., 3d Am. ed. 1919).
"An indenture was a deed with the top of the parchment
indented, i.e., having an irregular edge. The deed was
written out twice on a single sheet of parchment, which
was then severed by cutting it with an irregular edge; the
two halves of the parchment thus formed two separate
deeds which could be fitted together to show their genu
ineness. This contrasted with a 'deed poll,' a deed to which
there was only one party, which at the top had been polled,
or shaved even." Robert E. Megarry & M.P. Thompson, A
Manual of the Law of Real Property 129 (6th ed. 1993).
corporate indenture. A document containing the terms
and conditions governing the issuance ofdebt securi
ties, such as bonds or debentures. [Cases: Corpora
tions C=>471.]
debenture indenture. (1938) An indenture contain
ing obligations not secured by a mortgage or other
collateral.  It is a long-term financing vehicle that
places the debenture holder in substantially the same
position as a bondholder secured by a first mortgage.
[Cases: Corporations C=>470.]
trust indenture. 1. A document containing the terms
and conditions governing a trustee's conduct and the
trust beneficiaries' rights. -Also termed indenture
oftrust. [Cases: Trusts C=> 19-29.] 2. See deed oftrust
under DEED.
3. Hist. A contract by which an apprentice or other
person, such as a servant, is bound to a master, usu.
for a term ofyears or other limited period. -inden
tured, adj.
indentured servant. See SERVANT.
indenture ofa fine. Hist. A document engrossed by the
chirographer of fines to reflect penalties assessed by
the court. The chirographer prepared indentures in
duplicate on the same piece of parchment, then split
the parchment along an indented line through a word,
sentence, or drawing placed on the parchment to help
ensure its authenticity. See CHIROGRAPHER OF FINES.
indenture oftrust. See trust indenture under INDEN
TURE.
indenture trustee. See TRUSTEE (1).
independence, n. (17c) The state or quality ofbeing inde
pendent; esp., a country's freedom to manage all its
affairs, whether external or internal, without control
by other countries.
independent, adj. (17c) 1. Not subject to the control or
influence of another <independent investigation>. 2.
Not associated with another (often larger) entity <an
independent subsidiary>. 3. Not dependent or contin
gent on something else <an independent person>.
independent adjuster. See ADJUSTER.
independent adoption. See private adoption under
ADOPTION.
independent advice. (1871) Counsel that is impartial
and not given to further the interests of the person

839
giving it . Whether a testator or donor received inde
pendent advice before making a disposition is often
an important issue in an undue-influence challenge to
the property disposition. Also termed proper inde
pendent advice.
independent agency. See AGENCY (3).
independent agent. See AGENT (2).
independent audit. See AUDIT.
independent claim. See PATENT CLAIM.
independent conception. See INDEPENDENT DEVELOP
MENT.
independent contract. See CONTRACT.
independent contractor. (1841) One who is entrusted
to undertake a specific project but who is left free to
do the assigned work and to choose the method for
accomplishing it.  It does not matter whether the work
is done for payor gratuitously. Unlike an employee, an
independent contractor who commits a wrong while
carrying out the work usu. does not create liability for
the one who did the hiring. -Also termed contract
labor. Cf. EMPLOYEE. [Cases: Labor and Employment
C=29,3125.]
independent counseL See COUNSEL.
independent covenant. See COVENANT (1).
independent creation. Copyright. A defense assert
ing that a later work is not a derivative of an alleg
edly infringed work, but is a product of coincidentally
parallel labor. [Cases: Copyrights and Intellectual
Property <;::75.]
independent development. Intellectual property. A
defense against an industrial-espionage charge wherein
the user shows that the property was independently dis
covered or conceived . Trademarks, symbols, inven
tions, and other types of intellectual property are all
subject to independent deVelopment. Also termed
independent conception.
independent executor. See EXECUTOR.
independent force. See FORCE.
independent intervening cause. See intervening cause
under CAUSE (1).
independent invention. See INVENTION.
independent investigation committee. See SPECIAL
LITIGATION COMMITTEE.
independent-Jiving program. Family law. A training
course designed to enable foster children who are near
the age of majority to leave the foster-care system and
manage their own affairs as adults . Independent


children who are near
the age of majority to leave the foster-care system and
manage their own affairs as adults . Independent
living programs provide education, training, and
financial and employment counseling. They also help
many foster youth in locating suitable post-foster-care
housing. Permanency planning orders or case plans
can -but are not required to provide for indepen
dent living as a goal for a child in long-term foster care
and describe how it is to be accomplished. See AGING
OUT; PERMANENCY PLAN. indeterminate conditional release
independent medical examination. An assessment of
a person's physical condition and health that is made
by an impartial health care professional, usu. a physi
cian. Abbr. IME. [Cases: Damages (~:'206.]
independent mental evaluation. An assessment of a
person's mental and emotional condition that is made
by an impartial mental-health professional, such as a
psychologist or psychiatrist. Cf. PSYCHIATRIC EXAMI
NATION. -Abbr. IME. [Cases: Damages (>206.]
independent personal representative. See personal rep
resentative under REPRESENTATIVE.
independent-practice association. A network of inde
pendent healthcare providers who contract with a
health-maintenance organization (HMO) to provide
services to the HMO's subscribers at negotiated rates.
 Independent-practice associations generally remain
free to accept patients who subscribe to other HMOs or
who are not members ofan HMO. -Abbr. IPA.
independent probate. See informal probate under
PROBATE.
independent promise. See unconditional promise under
PROMISE.
independent regulatory agency. See independent agency
under AGENCY (3).
independent regulatory commission. See independent
agency under AGENCY (3).
independent retirement account. See INDIVIDUAL
RETIREMENT ACCOUNT.
independent-significance doctrine. (1968) Wills &
estates. The principle that effect will be given to a tes
tator's disposition that is not done solely to avoid the
requirements ofa will.  An example is a will provision
that gives the contents ofthe testator's safe-deposit box
to his niece. Because the safe-deposit box has utility
("significance") independent of the will, the gift of its
contents at the testator's death is valid.
independent-source hearing. See HEARING.
independent-source rule. (1968) 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 if that
evidence is also obtained by legal means unrelated to
the original illegal conduct. See FRUIT-OF-THE-POISON
OUS-TREE DOCTRINE. Cf. INEVITABLE-DISCOVERY RULE.
[Cases: Criminal Law '::=394.1(3).]
independent state. See SOVEREIGN STATE.
independent union. See UNION.
indestructible trust. See TRUST.
indeterminate, adj. (14c) Not definite; not distinct or
precise,
indeterminate bond. See BOND (3).
indeterminate conditional release. A release from
prison granted once the prisoner fulfills certain con
ditions . The release can be revoked if the prisoner
breaches other conditions. [Cases: Prisons C=248.]

840 indeterminate damages
indeterminate damages. See discretionary damages
under DAMAGES.
indeterminate obligation. See OBLIGATION.
indeterminate sentence. See SENTENCE.
indeterminate sentencing. See SENTENCING.
indeterminate sentencing. (1941) The practice of not
imposing a definite term of confinement, but instead
prescribing a range for the minimum and maximum
term, leaving the precise term to be fixed in some other
way, usu. based on the prisoner's conduct and apparent
rehabilitation while incarcerated. Also termed indef
inite sentencing. See indeterminate sentence under
SENTENCE. [Cases: Sentencing and Punishment
1124.]
in detrimentum animi (in de-tra-men-tam an-a-mr).
[Latin] Hist. To the injury of the soul. -The phrase
appeared in reference to the ground upon which a person
was prohibited from questioning a legal document that
the person had sworn to never question.
index, n. (14c) 1. An alphabetized listing of the topics or
other items included in a single book or document, or
in a series ofvolumes, usu. found at the end of the book,
document, or series <index ofauthorities>.
grantee-grantor index. (1961) An index, usu. kept in
the county clerk's or recorder's office, alphabetically
listing by grantee the volume and page number ofthe
grantee's recorded property transactions. _ In some
jurisdictions, the grantee-grantor index is combined
with the grantor-grantee index. [Cases: Records
8.]
grantor-grantee index. (1944) An index, usu. kept in
the county clerk's or recorder's office, alphabetically
listing by grantor the volume and page number of
the grantor's recorded property transactions. [Cases:
Records (;::::>8; Vendor and Purchaser (;::::>231.]
tract index. (1858) An index, usu. kept in the county
clerk's or recorder's office, listing, by location of each
parcel ofland, the volume and page number of the
recorded property transactions affecting the parcel.
[Cases: Records C~~8; Vendor and Purchaser
231.]
2. A number, usu. expressed in the form of a percentage
or ratio, that indicates or measures a series ofobserva
tions, esp. those involving a market or the economy
<cost-of-living index> <stock index>.
advance-decline index. A stock-market indicator
showing the cumulative net difference between stock
price advances and declines.
index animi sermo (in-deks an-a-mr sar-moh). [Latin]
Speech is the index ofthe mind. -This maxim supports
the concept that the language of a statute or instrument
is the best guide to the drafter's intent.
indexation. See INDEXING.
index crime. See index offense under OFFENSE (1).
index fund. See MUTUAL FUND. indexing. 1. The practice or method of adjusting wages,
pension benefits, insurance, or other types of payments
to compensate for inflation. 2. The practice of investing
funds to track or mirror an index ofsecurities. -Also
termed indexation.
index lease. See LEASE.
index of authorities. (1881) An alphabetical list of
authorities cited in a book or brief, usu. with subcat
egories for cases, statutes, and treatises. -Also termed
table ofauthorities; table ofcases. [Cases: Appeal and
Error (;::::>756.]
index offense. See OFFENSE (1).
Index of Patents. An annual two-part publication ofthe
u.s. Patent and Trademark Office, containing the year's
List ofPatentees (Part I) and Index to Subjects ofInven
tions (Part II), arranged by class and subclass.
Index ofTrademarks. An annual publication ofthe U.S.
Patent and Trademark Office, listing all trademarks
registered in a given year.
Index to the U.S. Patent Classification System. An
entry-level aid to using the Patent Office's classifica
tion system, comprising an estimated 65,000 common
terms and phrases and referring each entry to a class
and subclass within the system.
Indian child. Under the Indian Child Welfare Act, any
unmarried person under the age of 18 who either is a
member ofan Indian tribe or is both eligible for mem
bership in an Indian tribe and the biological child of a
member ofan Indian tribe. See INDIAN CHILD WELFARE
ACT. [Cases: Indians C:::>132.]
Indian Child Welfare Act. A federal act that governs
child-custody proceedings including foster-care
placement, preadoptive placement, adoptive placement,
and termination ofparental rights -in cases involving
a child of American Indian descent. 25 USCA  1911
et seq. -Congress enacted the Act to help protect the
best interests ofIndian children, to promote the stabil
ity and security of Indian tribes and families, and to
counteract the disproportionate foster-care placement
and adoption of Indian children by non-Indians. The
Act provides minimum federal standards for removing
Indian children from their families and for placing
them in foster or adoptive homes that will provide an
environment reflecting the values of the Indian culture.
The Act has an important jurisdictional feature: in a
custody dispute involving an Indian child who resides
in or is domiciled within an Indian reservation, the
tribe and its tribal courts have exclusive jurisdiction.
And in a custody dispute involving an Indian child who
lives off a reservation, upon petition, any state court
should usu. defer and transfer the case to the tribal
court unless a party demonstrates good cause to the
contrary. Abbr. ICWA. [Cases: Indians C=>213.}
Indian Claims Commission. A federal agency dis
solved in 1978 that adjudicated claims brought by
American Indians, a tribe, or another identifiable group
ofIndians against the United States. -The U.S. Court
of Federal Claims currently hears these claims.

841 indictio
Indian country. 1. The land within the borders of all
Indian reservations, the land occupied by an Indian
community (whether or not located within a recog
nized reservation), and any land held in trust by the
United States but beneficially owned by an Indian or
tribe. 2. Hist. Any region (esp. during the U.S. westward
migration) where a person was likely to encounter
Indians.
Indian gambling. See GAMBLING.
Indian land. Land owned by the United States but held
in trust for and used by American Indians. -Also
termed Indian tribal property. Cf. TRIBAL LAND. [Cases:
Indians 15l.]
Indian law. See NATIVE AMERICAN LAW.
Indian reservation. An area that the federal government
has designated for use by an American Indian tribe,
where the tribe generally settles and establishes a tribal
government. [Cases: Indians (;:=-, 156.]
Indian Territory. A former U.S. territory -now a part
of the state of Oklahoma -to which the Cherokee,
Choctaw, Chickasaw, Creek, and Seminole tribes were
forcibly removed between 1830 and 1843. In the late
19th century, most of this territory was ceded to the
United States, and in 1907 the greater part ofit became
the State of Oklahoma.
Indian title. A right of occupancy that the federal gov
ernment grants to an American Indian tribe based
on the tribe's immemorial possession ofthe area.
Congress does not recognize tribal ownership of the
land, only possession. A tribe or nation must actually,
exclusively, and continuously use the property to estab
lish that it is the ancestral home. An individual may
claim Indian title by showing that the individual or his
or her lineal ancestors continuously occupied a parcel
ofland, as individuals, before the land was closed to
settlers. Also termed aboriginal title; right of occu
pancy. Cf. aboriginal title (1) under TITLE (2). [Cases:
Indians (::::> 151.J
Indian tribal property. See INDIAN LAND.
Indian tribe. A group, band, nation, or other organized
group of indigenous American people, including any
Alaskan native village, that is recognized as eligible
for the special programs and services provided by the
U.S. government because ofIndian status (42 USCA
9601(36; esp., any such group haVing a federally rec
ognized governing body that carries out substantial
governmental duties and powers over an area (42 USCA
 300f(14); 40 CFR  146.3). A tribe may be identi
fied in various ways, esp. by past dealings with other
tribes or with the federal, state, or local government,
or by recognition in historical records. [Cases: Indians
(::::> 102.J
"The Indian tribe is the fundamental unit of Indian law;
in its absence there is no occasion for the law to operate.
Yet there is no all-purpose definition of an Indian tribe. A
group of Indians may qualify as a tribe for the purpose
of one statute or federal program, but fail to qualify for
others. Definitions must accordingly be used with extreme caution." William C. Canby Jr.. American Indian Law in a
Nutshell 3-4 (2d ed. 1988).
indicare (in-di-kair-ee), vb. [Latin] 1. Roman law. To
accuse (someone) ofa crime; to provide evidence against
someone. 2. Civil law. To show or discover. 3. Civil law.
To fix or tell the price ofa thing. See INDICIUM.
indicator. (17c) Securities. An average or index that
shows enough of a correlation to market trends or
economic conditions that it can help analyze market
performance.
coincident indicator. An economic or market-activ
ity index or indicator that shows changing trends
near the same time that overall conditions begin to
change.
economic indicator. See ECONOMIC INDICATOR.
lagging indicator. 1. An index that indicates a major
stock-market change sometime after the change
occurs. 2. See lagging economic indicator under
ECONOMIC INDICATOR.
leading indicator. 1. A quantifiable index that predicts
a major stock-market change. 2. See leading economic
indicator under ECONOMIC INDICATOR.
indicavit (in-di-kay-vit). [Law Latin "he has indicated"]
Hist. A writ of prohibition by which a church patron
removes to a common-law court an ecclesiastical-court
action between two clerics who dispute each other's
right to a benefice . The writ was long available
nominally up to the 20th century under the 1306
statute De Conjunctim Feoffatis (34 Edw. 1), Actions
concern


1306
statute De Conjunctim Feoffatis (34 Edw. 1), Actions
concerning clerics' rights to a benefice were usu. tried
in ecclesiastical courts, but they could be removed to
a common-law court if the action involved a church
patron in some way, as when one cleric was appointed
by a certain patron and the other cleric was appointed
by another patron. Cf. ADVOWSON.
indicia (in-dish-ee-a), n. pl. (l7c) 1. Roman law. Evidence.
2. (pl.) Signs; indications <the purchase receipts are
indicia of ownership>.
indicia oftitle. A document that evidences ownership of
personal or real property. [Cases: Property (::::>9.]
indicium (in-dish-ee-am), n. [Latin] Roman law. 1. The
act of prOViding evidence against an accused. 2. The
act ofpromising recompense for a certain service. 3. A
I sign or mark; esp., something used as a type of proof.
I See INDlCARE.
indict (in-drt), vb. (17c) To charge (a person) with a crime
by formal legal process, esp. by grand-jury presenta
tion. Also formerly spelled endUe; indite.
indictable misdemeanor. See serious misdemeanor
under MISDEMEANOR.
indictable offense. See OFFENSE (1).
indictee (in-dI-tee). (16c) A person who has been
indicted; one officially charged with a crime.
indictio (in-dik-shee-oh), n. [Latin] I. Roman law. An
imperial proclamation establishing a 15-year period for
the reassessment of property values for tax purposes.

indictment 842
 Indictio also referred to the IS-year cycle itself. 2. A
declaration or proclamation, such as a declaration of
war (indictio belli). 3. An indictment. PI. indictiones
(in -dik-shee-oh- neez).
indictment (in-dIt-m;mt), n. 04c) 1. The formal written
accusation of a crime, made by a grand jury and pre
sented to a court for prosecution against the accused
person. See Fed. R. Crim. P. 7. [Cases: Indictment and
Information 17.]2. The act or process ofpreparing
or bringing forward such a formal written accusation.
Cf. INFORMATION; PRESENTMENT (2).
barebones indictment. (1963) An indictment that cites
only the language of the statute allegedly violated;
an indictment that does not provide a factual state
ment.
"What has been called 'a bare bones indictment using only
statutory language' is quite common, and entirely permis
sible so long as the statute sets forth fully, directly, and
expressly all essential elements of the crime intended to
be punished." 1 Charles Alan Wright, Federal Practice and
Procedure  125, at 55859 (3d ed. 1999).
duplicitous indictment (d[y]oo-plis-;)-t<'}s). (1914) 1.
An indictment containing two or more offenses in
the same count. [Cases: Indictment and Information
C=125.J 2. An indictment charging the same offense
in more than one count.
joint indictment. (17c) An indictment that charges two
or more people with an offense.
indictor (in-dIt-dr or in-dI-tor). (17c) A person who
causes another to be indicted.
in diem (in dI-dm ordee-<lm). [Latin] For each day; per
day. Cf. PER DIEM.
in diem addictio. See ADDICTIO IN DIEM.
indifference. (15c) A lack ofinterest in or concern about
something; apathy.
conscious indifference. 1. Criminal law. See deliberate
indifference (2). 2. Torts. See deliberate indifference
(3).
deliberate indifference. 1. Criminal law. (1951) The
careful preservation of one's ignorance despite aware
ness of circumstances that would put a reasonable
person on notice of a fact essential to a crime. See
JEWELL INSTRUCTION. 2. Criminal law. Awareness of
and disregard for the risk ofharm to another person's
life, body, or property. 3. Torts. Conscious disregard
ofthe harm that one's actions could do to the interests
or rights ofanother. -Also termed reckless indiffer
ence; conscious avoidance; conscious indifference.
reckless indifference. See deliberate indifference.
indigena (in-dij-d~n<lJ. [Latin "native"] Hist. A subject
born within the English realm or naturalized by act of
Parliament. Cf. ALIENIGENA.
indigency, n. (17c) The state or condition ofa person who
lacks the means of subsistence; extreme hardship or
neediness; poverty . For purposes ofthe Sixth Amend
ment right to appointed counsel, indigency refers to
a defendant's inability to afford an attorney. Also termed indigence. [Cases: Criminal Law ~1766.l
indigent, adj. & n.
"Supreme Court opinions speak generally of the rights
of an 'indigent defendant' without offering any specific
definition of 'indigency: ... The appellate courts agree
that indigency is not a synonym for 'destitute: ... Among
the factors to be considered in evaluating the individual's
financial capacity are: (l) income from employment and
such governmental programs as social security and unem
ployment compensation. (2) real and personal property;
(3) number of dependents; (4) outstanding debts; (5) serio
ousness of the charge (which suggests the likely fee of a
retained attorney); and (6) other legal expenses (such as
bail bond)." Wayne R. Lafave & Jerold H. Israel, Criminal
Procedure  11.3(g), at 544 (2d ed. 1992).
indigent (in-di-jdnt), n. (15c) 1. A poor person. 2. A
person who is found to be financially unable to pay
filing fees and court costs and so is allowed to proceed
in forma pauperis .  The Supreme Court has recog
nized an indigent petitioner's right to have certain fees
and costs waived in divorce and termination-of-paren
tal-rights cases. Boddie v. Connecticut, 401 U.S. 371,
91 S.Ct. 780 (1971); M.L.B. v. S.L,J., 519 U.S. 102, 117
S.Ct. 555 (1996). See PAUPER; IN FORMA PAUPERIS.
indigent, adj.
indigent defendant. (1882) A person who is too poor
to hire a lawyer and who, upon indictment, becomes
eligible to receive aid from a court~appointed attorney
and a waiver of court costs. See IN FORMA PAUPERIS.
Cf. PAUPER. [Cases: Costs Criminal Law~
1766.]
indignity (in-dig-nHee), n. (16c) Family law. A ground
for divorce consisting in one spouse's pattern of
behavior calculated to humiliate the other. -Also
termed personal indignity. Cf. CRUELTY. [Cases: Divorce
~29.1
indirect aggression. See AGGRESSION.
indirect attack. See COLLATERAL ATTACK.
indirect confession. See CONFESSION.
indirect contempt. See CONTEMPT.
indirect cost. See COST (1).
indirect damages. See consequential damages under
DAMAGES.
indirect evidence. See circumstantial evidence (1) under
EVIDENCE.
indirect loss. See consequential loss under LOSS.
indirect notice. See implied notice under NOTICE.
indirect possession. See mediate possession under pos-
SESSION.
indirect-purchaser doctrine. (1976) Antitrust. The
principle that in litigation for price discrimination,
the court will ignore sham middle parties in deter
mining whether different prices were paid by different
customers for the same goods . This doctrine gives
standing to bring an antitrust action to a party who
is not an immediate purchaser ofa product. Thus, if a
manufacturer sells a product to a retailer, but dictates
the terms by which the retailer must sell the product

843
to a consumer, a court will ignore the retailer and treat
the consumer as the direct purchaser of the product.
[Cases: Antitrust and Trade Regulation C-~967.]
indirect tax. See TAX.
indiscriminate attack. lnt'llaw. An aggressive act that
(1) is not carried out for a specific military objective,
(2) employs a means of combat not directed at a specific
military objective, or (3) employs a means of combat
the effects of which cannot be limited in accordance
with an international protocol such as the Geneva Con
ventions of 1949 and their protocols or the Hague Con
ventions of 1899 and 1907.
indispensable-element test. Criminal law. A common
law test for the crime of attempt, based on whether
the defendant acquires control over any thing that is
essential to the crime . Under this test, for example, a
person commits a crime by buying the explosives with
which to detonate a bomb. See ATTEMPT (2). [Cases:
Criminal Law
indispensable evidence. See EVIDENCE.
indispensable instrument. See INSTRUMENT (3).
indispensable party. See PARTY (2).
indistanter (in-di-stan-t;)r), adv. [Law Latin "immedi
ately"] Forthwith; without delay.
indite. See INDICT.
individual, adj. (I5c) 1. Existing as an indivisible entity.
2. Ofor relating to a single person or thing, as opposed
to a group.
individual account plan. See defined-contribution plan
under EMPLOYEE BENEFIT PLAN.
individual asset. See ASSET.
individual contract. See Cml/TRACT.
individual debt. See DEBT.
individual goodwill. See personal goodwill under
GOODWILL.
individualized educational placement. See INDIVIDt:
ALIZED EDUCATION PROGRAM.
individualized education program. Family law. A spe
cially designed plan ofeducational instruction for a
child with disabilities . The individualized education
program is a written plan that details the particular
child's abilities, the child's educational goals, and the
services to be provided. Abbr. IEP. -Also termed
individualized educational placement. See child with
disabilities under CHILD; INDIVIDUALS WITH DISABILI
TIES EDUCATION ACT.
individual liberty. See personal liberty under LIBERTY.
individual property. See SEPARATE PROPERTY (1).
individual proprietorship. See SOLE PROPRIETORSHIP.
individual retirement account. (1974) A savings or bro
kerage account to which a person may contribute up to
a specified amount ofearned income each year . The
contributions, along with any interest earned in the
account, are not taxed until the money is withdrawn indorsee
after a participant reaches 59'12 (or before then, ifa 10%
penalty is paid). Abbr. IRA. Also termed inde
pendent retirement account. Cf. KEOGH PLAN. [Cases:
Internal Revenue ~3594.1
education individual retirement account. An indi
vidual retirement account from which withdrawals
may be made tax-free ifthe withdrawn funds are used
for education costs . Before 2002, annual contribu
tions were limited to $500. In 2002, the contribution
limit increased to $2,000 per year for families with
incomes under $190,000.
Roth IRA. (1991) An IRA in which contributions are
nondeductible when they are made . No further
taxes are assessed on the contributions (or accrued
interest) when the money is withdrawn (ifall applica
ble rules are followed). This term takes its name from
Senator William Roth, who sponsored the legislation
creating this type ofIRA.
Individuals with Disabilities Education Act. A federal
statute that governs the public education of children
with phYSical or mental handicaps and attempts to
ensure that these children receive a free public educa
tion that meets their unique needs . The Education of
All Handicapped Children Act (enacted in 1975) was
renamed the Individuals with Disabilities Education
Act in 1990, and this Act was substantially amended
in 1997. All states currently participate in this joint fed
eral-state initiative. 20 USCA  1400-1485. Abbr.
IDEA.
individual voluntary arrangement. English law. A
formal out-of-court arrangement between a debtor
and two or more lenders to freeze the interest rate
of a debt and payoff a percentage of the debt over an
agreed period, at the end of which time the remaining
debt is canceled . The arrangement is an alternative
to filing for bankruptcy. It must be set up by an autho
rized insolvency practitioner but does not require court
approval. Abbr. IVA.
indivisible, adj. (14c) Not separable into parts; held by
two or more people in undivided shares <an indivis
ible debt>.
indivision. Civil law. Undivided ownership ofproperty;
the condition of being owned by coowners each haVing
an undivided interest in the property. [Cases: Joint
TenancyC=::>1.]
indivisum (in-di-v!-S;)m or -z;)m), adj. [Latin] Roman
law. (Of property) held in common; not divided.
indorse, vb. (16c) To sign (a negotiable instrument), usu.
on the back. either to accept responsibility for paying
an obligation memorialized by the instrument or to
make the instrument payable to someone other than
the payee. Also spelled endorse.
indorsee (in-dor-see). (18c) A person to whom a