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TOP 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.
TOP Incorporeal :
Legal rights which are intangible such as copyrights or patents.
TOP 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.
TOP 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.
TOP 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.
TOP 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.
TOP Injunction :
A court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).
TOP 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.
TOP 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).
TOP 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.
TOP 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.
TOP Insolvent :
A person not able to pay his or her debts as they become due. "Insolvency" is a prerequisite to bankruptcy.
TOP Insurrection
An act or instance of revolting against civil authority or an established government .
TOP 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.
TOP 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.
TOP 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).
TOP 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.
TOP Interlocutory injunction :
An injunction which lasts only until the end of the trial during which the injunction was sought.
TOP Interloper :
A person who, without legal right, runs a business (eg. without mandatory licenses), or who wrongfully interferes or intercepts another's business.
TOP 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.
TOP Inter partes :
Latin: between parties.
TOP Intestate :
Dying without a will.
TOP 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.
TOP Inure :
To take effect, to result; to come into operation.
TOP Impeachment:
To charge (a public official) before a competent tribunal with misconduct in office.
TOP 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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