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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG
Words: 2570


In Kind
It is an expression used often in a Will which means payments, subsitutions or distribution of items like money,goods or property and particularly receiving something instead of money but of same value.

In Lieu
Instead or in place of. Some act or position in subsitute of another.

In Limine
Latin word meaning " at the threshold " or "at the outset". It is legal term used to pass a motion before the trial begins. Usually such motions are requested in order to remove any evidence which has been procured by illegal means or those that are objectionable by jury or which may make the jury bias.

In Loco Parentis
Latin word meaning " in place of parents or instead of a parent". It is a term or doctrine whereby someone has been given all the rights to behave, act and be a parent without going through adoption formality. Normally those who have been a custodian of children or who have been foster parents are given such priviledges.

In Pari Delicto
A latin phrase meaning " equal fault". It normally is used a legal term or doctrine whereby both parties of the lawsuit are found to be equally at a fault due to which none of them will be able to claim anything from each other in the court.

In Perpetuity
something that will never end but will continue for an indefinite period of time.

In Personam
It refers to the judgement of the lawsuit against a person and its assets and not anything else like absolute property or things. It`s a latin term meaning "Against a person". When in a lawsuit the judge passes a judgement against a particular person, it is not mandatory for the person to be present there though court summons him/her...

In Pro Per
It is a short term for lati word propria persona which means for oneself.

In Propria Persona
It`s a Latin word meaning" for oneself or himself" . It generally refers to the person who represents himself in the trial rather than appointing an attorney.

In Re
A latin word meaning " in regards to" or "in the matter". It is generally used to indicate or highlight the matter of dispute on the attorneys letterhead as in In re A vs B.

In Rem
Unlike in personam (which is against a person and its property) in rem is a technical term meaning " against a thing or property". Any lawsuit or judgement made against the property or thing is an action "in rem". In this case, the location of the property is important as the court can hold the trial only in the jurisdiction und...

In Terrorem
Latin word meaning " in fear" , "as a threat or warning". In terrorem refers to the a clause or a statement included in a contract or a will in order to maintain the decorum of the contract and the will.

In Terrorem Clause
To threaten or in fear It is a clause mentioned in the will wherby it is stated that no beneficiary or donee should challenge the Will for its validity and that if he/she does so and looses the legal battle, not even the mentioned legacy of his/her part will be given to them. Such clause is mentioned in the Will by the Will writer to threaten anyon...

In Toto
It`s a latin phrase meaning toatlly, completely, alltogether, entirely etc.

Inadmissible Evidence
Evidence that cannot be considered as evidence during a trial.

Incapacity
It refers to the inability of entering into a contract or agreement of any kind due to absence of competence and qualification. For eg. An employee may not be able to apply for a certain position of the company because of their old age, physical inability, mental not qualified for the job. In cases of marriage contracts anyone below 18 years of age...

Incarceration
Confinement.

Incest
It refers to a marriage or sexual intercourse between a very closely related male and female either by blood or family structure. No matter if its consensual, but it still is stated as crime in most of states of US and is punishable. The relations can be anything from brother and sister, grandparents and grandchildren, aunts and uncles etc.

Inchoate
Things which are not yet completed or finished or is imperfect. A contract is said to be inchoate if whatrever that had been agreed is not yet fulfilled.

Incidental Beneficiary
It refers to the party or person (say A) who is benefited by the execution of a contract between the parties (Say B and C) other than himself but who will have no rights to claim anything from anyone if the contract does not get execute or is breached. So if B gets into a contract with to contruct a house with contructor C and B wants a particular ...

Income
Any gain or profit from ones business, rendering services to get salary, wages by labour or from conversion of capital to money by selling it or renting it. It also refers to profit from an investment.

Income Tax
It refers to any charge or tax on the persons annual business income, capital gains,investments and all aspects, after the deduction of the expenses, benefits and charities which is levied by the government for the development of the society as a whole. The tax is deducted on the basis of rules and norms established by the governments.

Incompatibility
a situation in a marital relationship when the husband and wife cannot continue to live together and decide to separate.This can be an important ground for divorce.

Incompatible
Anyone or anything that is not matching, inconsistent, made up of different qualities and having absolute difference in views, impossible to be mingled is known as incompatible.Incompatibility is often the grounds for Divorce.

Incompetency
It refers to the absence of physical , mental and legal ability to be able to compete and fullfill the professional duties. Physically one can be incompetent by being handicap or blind and its kind, Mental incompetency is inability to comprehand, the nature of contract or legal proceedings, or someone who is mentally ill or retarded. Legal incompet...

Incompetent
One who lacks efficiency, capability to fit for a job, or who is not qualified legally to stand for the trial, or who is not fit physically or mentally to perform the duty professionally.It can be due to mental, physical or legal deficiency that leds to one being incompetent.

Incompetent Evidence
Any evidence in form of documents or witness which is not admissible by the court because of its nature or because of its irrelevancy to the issue in the lawsuit and which has been strongly objected or opposed by the opposition thereby the court considers it incompetent.

Incorporate
formation of a corporation by fulfilling the necessary procedure of the government to form a business for profit making, or professional job or non profitable organisation. Incorporation is basically constructing the foundation base of any firm or organisation as per the statute of state.

Incorporate By Reference
To add the contents of the former documents to the present documents and stating that it has been incorporated from the former so that time can be saved on rewriting it. Normally the procedure of pleading and making contracts are same and have similar or same wordings too. thus to save time and space, such incoperation by reference is acceptable.

Incorporation
the act of formally creating an organisation fullfilling the necessary legal requirements and formalities.

Incorporeal
Things which are not felt nor do they have physical presence or form and which does not make sense as it does not have matter but still affects oneself by its existence. It can be refered to rights on the property, actions against a judgement etc.

Incriminate
To admit to a crime commited thereby being charged for the same. It also refers to written or oral statement on accepting the fact that a crime was commited by him/her or that he/she provides information expose the one who has commited crime. It is an open invitation to indulging oneself in the prosecution for the crime. One cannot be forced to iss...

Indecent Exposure
exposing one's body and specially genitals by the way of nakedness in public is considered an indecent exposure.In the society it is considerded vulgar to expose ones genitals as it may bring shock to the cultured standards set by the society.

Indefeasible
Something that cannot be cancelled,changed or undone.It refers to rights in property that cannot be challenged.

Indemnification
Reparation for damages or loss.

Indemnify
To protect someone against the loss or damage.; Assure of no loss or damage would occur, which if occurs, would be compansated financially. As in case of insurance companies which indemnifies to pay incase os loss of life who has been insured; To take the full responsibility of loss and damage.

Indemnity
Compensation for loss,damages or injuries that have already occurred or will occur in future.

Indenture
Binding two parties together by a contract in writing which states the benefits and agreement between the two parties. Normally indentures refer to the financial contracts

Independent Contractor
A person or a business who is contracted into for a particular business which will be performed independantly by an outsider of an organisation.an independent contractor enters into the contract with another firm in writing with duties, pay, obligation etc in writing. They execute the contract by their own means and methods and are answerable to th...

Indeterminate Sentence
A sentence given by the presiding judge to a convict , which does not have a specific period or a date of release of the convict after serving the sentence. The sentence can be like "10 to 15 years" as a range and not specific. In this the release can be granted earlier then the range on the basis of the term and behaviour of the convict.

Indicia
Latin word meaning "Signs, Marks, Indication". It is an indication or signs which show that the fact by circumstances is probable and is existing. As in "Indicia of Partnership" there are facts that possibly show the sign that the person was a partner.

Indictable Offense
It refers to the crime, which has suffcient evidence or which has prima facie case, where the judge and jury can formally charge the person commiting the crime. Such crime can range from rape, kidnapping, murder, robbery etc.

Indictment
It refers to the formal written charge with the Oath on the accused who have commited a crime which has enough evidences and witness to do so. By charging the accused(indictment), it does not proof the guilt of the accused, but leads to fair trial by the jury or judge in the court.

Indigent
One who is poor and cannot afford basic neccessities of life like food, shelter and clothes. It also refers to a defendant who cannot afford a lawyer/attorney to fight the case. In such cases, the court authorities provides a government attornies to try the case.

Indispensable Party
It refers to a person or an entity without whom a case cannot be solved or trial canot proceed due to their interest in the case, though they are not the party to the lawsuit.. If the the court feels so, they would summon this party only then would they be able to issue the order or judgement.

Individual Retirement Account
(IRA) "A personal savings plan that provides tax advantages to save and invest for retirement. Depending upon individual circumstances such as participation in employee-sponsored plans such as a 401(k) plan, contributions can be tax-deductible. Until the earnings are withdrawn, a traditional IRA will not be taxed. In a ...

Infancy
It refers to a state of being underage to perform certain acts such as filing a lawsuit or entering into a contract of marriage. Previously the minor or infant age was considered as 21 which has been reduced to 18. If a minor has to file a lawsuit, he.she has to have a guardian.

Inference
It refers to a judgement or a logical conclusion of a sound man with reasonable sense or knowledge to derive a truth in the one evidence out of another fact or evidence which has already been proven to be true.

Information
It is a formal charge, complain or accusation made in writing by a public prosecutor or an attorney against a person for the crime commited by him/her. It is done so without the Jury indictment. The plaintiff have to have sufficient evidence to prove the defendant guilty or else the judge may dismiss the complain without a trial.

Information And Belief
It is a pharse used to qualify a statement made in a document, oath or declaration which may not have any evidence for its proof but the person making such statement, oath or declaration have a firm belief, that its true.

Informed Consent
Performing or acting only after the agreement or consent of one to do certain things agreed upon and that all the facts has been disclosed. A conscious and sound minded patient must be informed all the consequence of the operation before perfoming the same by the physician. Usually the informed consent is used in medical world as well as it applies...

Infra
It is a Latin word meaning " below, beneath or underneath". It is used to indicate in a writing or a document that the details of the particular matter will appear in brief at a later portion of the document or as under. It differs from the term "Supra" which means the matter has already been briefed earlier or above.

Infraction
A minor law that was broken and not punishable by imprisonment.

Infringement
It refers to breach of contract, agreement, law and violation of patent and copyright rules. It also means illegal trespassing.This term is normally used in cases of patents and copyrights where intentionally or unintentionally someone have deemed invented or copied something which had already been patented or copyright respectively.

Ingress
Term often used in contracts of leases where the right of the leasee is discussed confirming their right to enter or leave the property. Ingress means act of entering or entrance

Inherit
It refers to the act of receiving of the assets and properties of an ancestor, usually from parents or close relative, with or without the Will.

Inheritance
It refers to the receipt of the assets and properties including money of an ancestor, usually from parents or close relative, with or without the Will.

Inheritance Taxes
Taxes that an heir has to pay on property that they inherited. Type of death tax.

Inheritor
Someone who inherits property.

Injunction
It refers to the courts order directing the parties of the lawsuit to do or not to do certain things or act.It is essential to bring temporary relief for the benefitting party if the opponent is restricted to perform certain act till the time the final judgement is announced or that trial is continued.

Injunctive Relief
It is refered to an act or prohibition of an act by the order of the court which is Injunction, granted in special cases to ensure that no injustice be done till the time the final judgement is passed and it brings relief to either party of the lawsuit too.

Injury
It rerfers to any wrong or harm done or suffered by a person either physically, emotionally or by the breach of contract and damage to reputaion and dignity.Any person intentionally and unintentionally causing such harm is responsible to compansate monetarily or be punished for the same.

Innocent
Not guilt or lack of guilty. Person who is acting in good faith with knowlegde of wrong doing. Usually a defendant who appears in the court for the trial of a crime in which he.she is accused, pleas not guilty or innocent, in order to save oneself and buy time to prove his/her point.

Innuendo
Latin word meaning " an indirect implication" . It normally is used in lawsuits of defamations, where one party A has sued the other party B for defamations where B has indirectly hinted towards A. For instance B has artfully said that last CEO of the company has been into conspiracy and logically the last CEO was A.Thats known as innuend...

Inquest
A judicial inquiry put forward by a county officer or judicial officer incases where there has been mysterious deaths or accidents and which has violence involved too.A jury may or may not be appointed and incase where jury is not appointed, it becomes the duty of the coroner (judicial officer).

Insanity
A state of mind which is unsound and leading to a person being mentally unstable and ill. He/she cannot distinguish between whats wrong and whats right nor are they able to maintain the legal bindings of the contracts. If such be the case the court genuine considers the person unfit for the trial also.

Insanity Defense
In criminal cases the defense made during the trial that the accuse was not aware that he/she was commiting a crime as he/she was of unsound mind and because of this defect he was not able to judge that the act was illegal.The act was perfromed because of a mental defect and was not commited intentionally.

Insertion
An item included in a diary,dictionary,reference book or any other written matter that already exists.It has to be accepted by all following it or else it will be considered doubtful.

Inside Information
Information related to finance which is not available to the general public and can only be discovered from someone within a corporation.

Insider
It refers to the person who have the access to the private and confidential information about the company progress which the common public so not have an access to, in regards to future prospects, orders, managemets etc which may affect the value of the stocks of that company.Such person holding such position in the company or stock brokerage is co...

Insider Trading
It refers to the buying and selling of the stocks of a company listed in the stock exchange, on the basis of the private and confidential information gathered from the company officials or by gaining employment in the company. Such insiders are aware of the valuation of the stock.

Insolvency
The state or position of the person or entity who is incapable to meeting the liabilities even by selling off the assets possessed or by raising the funds either. Such state occurs when the debts are more than the revenues or assets.Under the law of bankruptcy, if a person is not able to meet his/her liability, some portion of the debt is waived of...

Inspection Of Documents
It refers to the legal request put by a party to copy or examine the documents of the opposite party which is related to the case they are involved in. They have the right to those and have to put a formal request for the same to the court. The opponent may refuse to do so , formally, but a motion can be passed by the requesting party by putting fo...

Installment Contract
It is a contract or agreement between the parties to make certain series of payment, or perform certain service or deliver goods at a specific event on specific time and date for the exchange of something. If the person who enters into such agreement he/she breaches the contract, they are liable for the penalty and can be out of contract.

Instruction
It is an explanation of the process which a judge delivers or communicates to the jury explaining the basis of the law on which the trial is being considered and what law is governing the same. He further informs them where to begin, what evidence is considerd and what has been the the outcome of the trial so far. Thats known as instruction in law.

Instrument
The legal written documents as a contract, will, bond, deed or lease which has been agreed upon by the parties into the contract and have details of what one has to do and not to do when in agreement.It also refers to object that produces music.

Insufficient Evidence
A case is dismissed when in a trial a judge finds that the evidence or facts provided by the plaintiff is not holding on to the case and that such facts does not prove anything against the defendant, Such would be case dismissed under insufficient evidence.

Insurance
It is a contract between one party to compansate monetarily the other party on happening of an event for which the fee was being paid periodically. Such contract is the insurance policy and the party compansating is called the Insurer and the fee paid is called the insurance premium. Alltogether it is called Insurance which covers or compansate cer...

Insured
The person or corporation who will receive compensation on death or damages related to health or property as mentioned in the insurance policy.Insured can be the person named in the policy or his beneficiaries as stated in the policy.

Insurer
It is a person or company generally an insurance company who aggrees to compensate anyone who suffers losses and damages in consideration for a premium paid by the person or company as mentioned in the insurance policy.

Intangible Property
Intangible property can be felt in terms of vlaue but has no physical existence like,stocks,bonds,trademarks,patents,bank accounts.It can be owned by anyone and ownership can also get trasferred to another person or corporation.

Integrated Pension Plan
"Integration of Social Security benefits with pension plan benefits. In addition to the Social Security amount, the pension plan pays a benefit in order to achieve a pre-determined total benefit amount.

Integration
It refers to bringing together or joining together separate aspects of a whole thing together to form as one.Its like bringing together the people from different races to mingle togther thereby removing any barriers of unity as a whole.

Intellectual Property
(IP) "Area of the law that regulates the protection of trademarks, copyrights, and patents.

Intent
It refers to mental state of a person while performing a certain act. It refes to the desire to perform that act at that time. Such state of mind could have an influence of the surroundings too at the time of performing that act. Thus in a trial, it is very necessary for the attornies to make sure that intent of the person for commiting the crime.

Intentional Tort
An intentionally harmful act that causes injury to someone else.

Inter Alia
Latin term for among other things.It is a phrase used in legal proceedings that few facts stated are only part of the entire facts or rules and not the entire thing.

Inter Se
It means "between or amongst themselves" as in Latin. Normally it refers to the certain rights given or restricted to only the certain section of the coporate individuals like trustees, directors, shareholders etc.

Inter Vivos
It is a Latin word meaning "During the life of" or "among the living". It refers to a gift in form of transfer of assets by a living person to another living person as an agreement. It is not refered to a transfer of property by the way of Will.

Inter Vivos Trust
It is refered to as a living trust which is formed and existing already when the person/trustor is living. It is different from the trust created by the will as in that the trust is created after the trustor has died and as per his will.

Interest
1. Any right or priviledge a person has over the property whether his/her personal or others. 2. It also refers to the compansation paid for the use or borrowing of the money, normally as a percentage of the amount borrowed.

Interest Rate
The amount of a loan that is repaid on top of the loan amount in return for the borrowed money.

Interim Order
It is an order passed by the court during the trial where the final order is yet to be passed. Such order is of temporary nature and the party to whom it orders are bound to act according to that order till the final order is passed.

Interlineation
It refers to the writing or sentences added in between the lines of a documents or instrument such as contract. Such writings are added in between the lines due to some aspects that were omitted earlier or had been thought about later. Since such addition of sentences or words added in between the lines change the instrument/contract alltogther it ...

Interlocutory
It is refered to a temporary/provisional, normally the order, sentence or decree passed in the court during the course of litigation.

Interlocutory Decree
It is refered to the temporary order or provisional sentence passed in the court during the course of the litigation. Such sentence, decree or order are provisional and cannot be appealed in higher courts.It is done in order to fulfill certain criteria to meet for the final order to be passed or also to prevent any unwanted harm to either party by ...

Internal Revenue Service
(IRS) U.S. Treasury Department agency that is responsible for tax collection as well as administering and enforcing the U.S. tax laws.

International Law
It refers the rules formed in between two nations which bind them legally for any issues in different jurisdiction. Since there is no such specific rules of international law, but there are treaties conducted between nations and agreement formed by nations by which they abide.

Interpleader
An Interpleader is given the job when two or more parties claim to be the owner of money or property that is owed by some third party. That third party normally deposits the fund with the court as per the instruction of the interpleader and will be free of an legal action or party of lawsuit.Now to determine who the real owner of the propoerty or m...

Interrogation
It refers to the questioning by the officers of law like police, to the suspect arrested for a crime. The suspect must be informed of his/her legal rights and needs failing which all the evidence gathered by the Police, will not be considered as evidence in trial.