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Legal Dictionary I
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Immunity :
An exemption that a person (individual or corporate) enjoys from the
normal operation of the law such as a legal duty or liability, either
criminal or civil. For example, diplomats enjoy "diplomatic immunity"
which means that they cannot be prosecuted for crimes committed during
their tenure as diplomat. Another example of an immunity is where a
witness agrees to testify only if the testimony cannot be used at some
later date during a hearing against the witness.
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Incorporeal :
Legal rights which are intangible such as copyrights or patents.
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Incorporeal hereditament
:
An incorporeal right which is attached to property and which is
inheritable. Easements and profits à prendre are examples of incorporeal
hereditaments as are hereditary titles such as those common in the
United Kingdom.
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Indefeasible :
A right or title in property that cannot be made void, defeated or
canceled by any past event, error or omission in the title. For example,
certificates of title issued under a Torrens land titles system is said
to be "indefeasible" because the government warrants that no interest
burdens the title other than those on the certificate. This makes long
and expensive title searches unnecessary.
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Indictable offence :
An offence which, in Canada, is more serious than those which can
proceed by summary conviction. This is the Canadian equivalent to the
USA "felony". Murder and treason are examples of crimes committed in
Canada which would be indictable offences. These crimes are usually
tried by federally-appointed judges and carry heavy sentences.
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Indictment :
USA: a formal accusation returned by a Grand Jury, that charges a
person with a serious crime. It is on the basis of an indictment that an
accused person must stand trial. Infanticide Murder of an infant soon
after its birth.
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Injunction :
A court order that prohibits a party from doing something
(restrictive injunction) or compels them to do something (mandatory
injunction).
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In limine :
Latin: at the beginning or on the threshold. A motion "in limine" is
a motion that is tabled by one of the parties at the very beginning of
the legal procedures.
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In pari delicto :
Latin: both parties are equally at fault. Actually, the usual use of
this phrase is "in pari delicto, potior est conditio possidentis" which
means that where both parties in a dispute are equally at wrong, the
person in possession of the contested property will retain it (ie. the
law will not intervene).
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In personam :
Latin: All legal rights are either in personam or in rem. An in
personam right is a personal right attached to a specific person. In rem
rights are property rights and enforceable against the entire world.
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In rem :
Latin: All legal rights are either in personam or in rem. In rem
rights are proprietary in nature; related to the ownership of property
and not based on any personal relationship, as is the case with in
personam rights.
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Insolvent :
A person not able to pay his or her debts as they become due.
"Insolvency" is a prerequisite to bankruptcy.
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Insurrection
An act or instance of revolting against civil authority or an
established government .
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Inter alia :
Latin: "among other things", "for example" or "including". Legal
drafters would use it to precede a list of examples or samples covered
by a more general descriptive statement. Sometimes they use an inter
alia list to make absolutely sure that users of the document understand
that the general description covers a certain element (which was covered
in the general description anyway) without, in any way, restricting the
scope of the general element to include other things that were not
singled out in the inter alia list.
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Interim order :
A temporary court order; intended to be of limited duration, usually
just until the court has had an opportunity of hearing the full case and
make a final order.
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Interlineation :
An addition of something to a document after it has been signed.
Such additions are ignored unless they are initialed by the signatories
and, if applicable, witnesses (eg. wills).
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Interlocutory :
Proceedings taken during the course of, and incidental to a trial.
Examples include procedures or applications made which are to assist a
case in preparing its case or of executing judgment once obtained (eg.
garnishment or judicial sale). These decisions intervene after the start
of a suit and decide some issue other than the final decision itself.
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Interlocutory injunction
:
An injunction which lasts only until the end of the trial during
which the injunction was sought.
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Interloper :
A person who, without legal right, runs a business (eg. without
mandatory licenses), or who wrongfully interferes or intercepts
another's business.
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International law :
A combination of treaties and customs which regulates the conduct of
states amongst themselves. The highest judicial authority of
international law is the International Court of Justice and the
administrative authority is the United Nations.
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Inter partes :
Latin: between parties.
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Intestate :
Dying without a will.
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Inter vivos :
Latin: from one living person to another living person. For example,
an inter vivos trust is one which the settlor sets up to take effect
while he or she is still alive. It can be contrasted with the
testamentary trust, which is to take effect only upon the settlor's
death. Another example is the sale of a life estate which can only occur
between persons living; i.e. inter vivos.
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Inure :
To take effect, to result; to come into operation.
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Impeachment:
To charge (a public official) before a competent tribunal with
misconduct in office.
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Islamic law :
The law according to the Muslim faith and as interpreted from the
Koran. Islamic law is probably best known for deterrent punishment,
which is the basis of the Islamic criminal system and the fact that
there is no separation of church and state. Under Islamic law, the
religion of Islam and the government are one. Islamic law is controlled,
ruled and regulated by the Islamic religion. Islamic law purports to
regulate all public and private behavior including personal hygiene,
diet, sexual conduct, and child rearing. Islamic law now prevails in
countries all over the middle east and elsewhere covering twenty per
cent of the world's population.
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