Law Dictionary
	Search:

ICPC abbr. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN.

ICSID (ik-sid). abbr. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES.

ICWA abbr. INDIAN CHILD WELFARE ACT.

id (id). abbr. [Latin idem]. The same. ld. is used in a legal citation to reter to the authority cited imme diately before <Id. at 55>. Cf. IBID.

id non agebatur (id non aj-a-bay-tar). [Law Latin] Scots law. That was not done. "The meaning of the words as they occur here is this: the deceased, when he valued the subjects, did not intend to depreciate their value for the purpose of benefiting the executor, this was not in his consideration at all this was not what he did (id nan agebatur) by the valuation; therefore, the executor is bound for the true value of the subjects." John Trayner, Trayner's Latin Maxims 245 (4th ed. 1894).

IDA abbr. INVESTMENT-DIRECTION AGREEMENT.

IDEA abbr. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

idea-expression dichotomy Copyright. The fundamental rule that copyright law protects only specific expressions of an idea, not the idea itself.

idem per idem (i-dem par i-dem). [Latin] The same for the same. This phrase refers to an illustration that adds nothing to a matter under consideration.

idem sonans (i-dem soh-nanz), adj. [Latin], (Of words or names) sounding the same, regardless of spelling <the names Gene and Jean are idem sonans>. In trademark law, the term designates a name that sounds close enough to a registered trademark to create confusion among consumers and infringe that mark, so the Steinway company was able to prevent a competitor from registering "Steinberg" for the name of its pianos. 'The names of parties should be correctly spelled, but misspelling which does not change the sound works no harm; it matters not how incorrectly names are spelled, if they are idem sonans (the same sound)." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 186 (2d ed. 1899).

idem sonans- (i-dem soh-nanz), n. [Latin]. A legal doctrine preventing a variant spelling of a name in a document from voiding the document if the misspelling is pronounced the same way as the true spelling.

identification interrogatory See INTERROGATORY.

identification of goods A process that enables a buyer to obtain an identifiable (and therefore insurable) interest in goods before taking possession from the seller. The goods are identified in any manner agreed to by the parties. UCC § 2-501.

identification parade See LINEUP.

identified adoption See private adoption under ADOPTION.

identified adoption See private adoption.

identify 1. To prove the identity of (a person or thing) <the witness identified the weapon>. 2. To look upon as being associated (with) <the plaintiff was identified with the environmental movement>. 3. To specify (certain goods) as the object of a contract <identify the appliances to the contract>. See IDENTIFICATION OF GOODS.

identifying material A portion or representation of an entire work deposited with the U.S. Copyright Office. A copyright registrant is required to deposit at least one complete copy of the work, and often two. If a trade secret would be disclosed by a deposit or the work's nature (e.g., a holograph) makes deposit difficult, a substitution is acceptable. Common forms of identifying material are drawings, photocopies, and selected pages of software code and databases.

identijication interrogatory A request for the responding party to identify relevant documents, tangible objects, or individuals who have knowledge of facts relating to the lawsuit. Also termed Jact interrogatory; state-all-facts interrogatory.

identikit A collection of pictures of facial features, used by police to create a composite image of a suspect from witnesses' descriptions. In Great Britain, the resulting image is called a ph otofit.

identitate nominis (i-den-ti-tay-tee nom-a-nis). See DE IDENTITATE NOMINIS.

identity 1. The identical nature of two or more things; esp., in patent law, the sameness in two devices of the function performed, the way it is performed, and the result achieved. Under the doctrine of equivalents, infringement may be found even if the accused device is not identical to the claimed invention. See DOCTRINE OF EQUIVALENTS. 2. Evidence. The authenticity of a person or thing.

identity of interests Civil procedure. A relationship between two parties who are so close that suing one serves as notice to the other, so that the other may be joined in the suit. Fed. R. Civ. P. 15(c)(l)(c).

identity of parties Civil procedure. A relationship between two parties who are so close that a judgment against one prevents later action against the other because of res judicata.

identity theft The unlawful taking and use of another person's identifying information for fraudulent purposes. Cf. GHOSTING.

ideo (i-dee-oh), adv. [Latin] "Therefore: for that reason.

ideo consideratum est (i-dee-oh kan-sid-a-ray-tam est). [Latin]. Therefore it is considered. "These words often prefaced a judgment at common law, and came to refer to the judgment itself. Cf. CONSIDERATUM EST PER CURIAM.

ideological aggression 1. See hostile propaganda under PROPAGANDA. 2. See subversive propaganda under PROPAGANDA.

Ides (Idz), n. [fr. Latin idus (pl.)] Roman law. In the Roman calendar, the ninth day after the Nones, being the 15th of March, May, July, and October, and the 13th of the other months. In the calculation of the day, Nones is the first day counted. Cf. CALENDS; NONES.

idiochira (id-ee-oh-ki-ra). [Greek "one's own hand"]. An instrument executed privately, rather than before a public officer; esp., a deed written in one's own hand.

idiocy The condition of a person who, from birth, has never had any glimmering of reasoning or intellectual faculties. Also termed idiopathic insanity.

idiot A person afflicted with profound mental retardation. This term has largely fallen out of use in modern legal and medical contexts. Cf. IMBECILE.

idiota (id-ee-oh-ta). [Latin] Civil law. 1. An unlearned, simple person. 2. A private person; one not in public office.

idiota inquirendo (id-ee-oh-ta in-kwi-ren-doh or in-kwa-ren-doh). See DE IDIOTA INQUIRENDO.

idoneis argumentis (i-doh-nee-is ahr-gyoo-men-tis). [Law Latin]. By suitable arguments.

idoneitas (i-doh-neea-tas). [fr. Latin idoneus "suitable"]. A person's ability or fitness. Also termed idoneity.

idoneum sefacere; idoneare se (i-doh-nee-am see fay-sa-ree; i-doh-nee-air-ee see). [Law Latin "to make oneself sufficient; to clear oneself"] To purge oneself, by oath, of a crime that one is accused of committing.

idoneus (i-doh-nee-as), adj. [Latin]. Roman law. (Of a person or thing) appropriate or suitable. A responsible or solvent man, for example, was known as an idoneus homo, while a pledge of sufficient security was termed idonea cautio. Also spelled (in English) idoneous.

IDP abbr. INTERNALLY DISPLACED PERSON.

IDS abbr. INFORMATION-DISCLOSURE STATEMENT.

IEP abbr. See lKDIVIDUALIZED EDGCATION PROGRAM.

IFP abbr. IN FORMA PAUPERIS.

IFP affidavit See poverty affidavit under AFFIDAVIT.

ignis judicium (ig-nis joo-dish-ee-am). [Latin]. Trial by fire. See fire ordeal under ORDEAL.

ignominy (ig-na-min-ee). Public disgrace or dishonor. ignominious, adj.

ignoramus (ig-na-ray-mas). [Law Latin]. We do not know. This notation, when written on a bill ofindictment, indicated the grand jury's rejection of the bill. See NOT FOUND; NO BILL. Cf. TRUE BILL. 'When the grand jury have heard the evidence, if they think it a groundless accusation, they used formerly to endorse on the back of the bill, 'ignoramus;' or, we know nothing of it; intimating, that, though the facts might possibly be true, that truth did not appear to them: but now they assert in English, more absolutely, 'not a true bill;' and then the party is discharged without farther answer." 4 William Blackstone, Commentaries on the Laws of England 301 (1769).

ignorantia (ig-na-ran-shee-a). [Latin] Ignorance; esp., ignorance of the law. "Ignorantia . ... Divided in the civil law, into ignorantia facti (ignorance of fact) and ignorantia juris (ignorance of law). lord Coke accepts this division ...." 2 Alexander M. Burrill, A Law Dictionary and Glossary 40 (2d ed. 1867).

ignorantia facti (ig-na-ran-shee-a fak-ti). [Latin] Ignorance of fact.

ignorantia jacti excusat (ig-na-ran-shee-a fak-ti ek-skyoo-sat or -zat). [Latin] Ignorance of fact is an excuse; whatever is done under a mistaken impression of a material fact is excused or provides grounds for relief. This maxim refers to the principle that acts done and contracts made under mistake or ignorance of a material fact are voidable. "'Ignorantia facti excusat,' however, is obviously too sweeping even for a general statement of law, because it is clear (to mention only one point for the moment) that if a certain deed would constitute exactly the same crime under either of two factual situations, it will be no excuse that one was mistaken for the other." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 1044 (3d ed. 1982).

ignorantia juris (ig-na-ran-shee-a joor-is). [Latin] 1. Ignorance of law. Under Roman law, this type of ignorance was less likely than ignorantia facti to excuse mistaken conduct, except in the case of minors and people, such as women, under some legal disability. 2. IGNORANTIA JURIS NON EXCUSAT.

ignorantia juris non excusat (ig-na-ran-shee-a joor-is non ek-skyoo-sat or -zat). [Latin] Lack of knowledge about a legal requirement or prohibition is never an excuse to a criminal charge. In English, the idea is commonly rendered ignorance of the law is no excuse. Often shortened to ignorantia juris. Also termed ignorantia juris neminem excusat (ignorance of the law excuses no one); ignorantia legis non excusat: ignorantia juris haud excusat. "Almost the only knowledge of law possessed by many people is that ignorance of it is no excuse (ignoyantiajuris non excusat), This maxim was originally formulated at a time when the list of crimes, broadly speaking, represented current morality (mala in se), but we now have many other crimes that are the result of administrative or social regulation (mala prohibita), which are equally governed by the maxim, The rule is, then, that whereas ignorance of fact can excuse, to the extent that it negatives mens rea or fault, ignorance of the law generally does not." Glanville Williams, Textbook of Criminal Law40S (1978),

ignoratio elenchi (ig-na-ray-shee-oh e-leng-ki or ig-na-rab-lee-oh i-Ieng-kee). [Law Latin "ignorance of the conclusion to be proved"]. An advocate's misunderstanding of an opponent's position, manifested by an argument that fails to address the opponent's point; the overlooking of an opponent's counterargument. This fallacy of logic often involves an advocate's trying to prove something that is immaterial to the point to be decided.

ignore 1. To refuse to notice, recognize, or consider, 2. (Of a grand jury) to reject (an indictment) as groundless; to no-bill (a charge).

ignoring A parent's or caregiver's pattern of depriving a child of essential intellectual or emotional stimulation or of otherwise stifling a child's emotional growth and intellectual development, essentially by being unavailable. Cf. ISOLATING; REJECTING.

ill adj. (Of a pleading) defective, bad, or null.

ill fame Evil repute; notorious bad character. Cf. FAMA PUBUCA.

illation (i-lay-shan), 1. The act or process of inferring, 2. An inference; that which is inferred.

illegal adj. Forbidden by law; unlawful <illegal dumping> <an illegal drug>.

illegal alien An alien who enters a country at the wrong time or place, eludes an examination by officials, obtains entry by fraud, or enters into a sham marriage to evade immigration laws. Also termed undocumented alien.

illegal alien- See ALIEN.

illegal bargain A bargain whose formation or perfor-mance is criminal, tortious, or otherwise contrary to public policy.

illegal bargain- See BARGAIN.

illegal consideration Consideration that is contrary to the law or public policy, or prejudicial to the public interest. Such consideration does not support a contract.

illegal consideration- See CONSIDERATION (1).

illegal contract A promise that is prohibited because the performance, formation, or object of the agreement is against the law. Technically speaking, an illegal contract is not a contract at all because it cannot be enforced, so the phrase is a misnomer. Cf. unenforceable contract; void contract. "An illegal contract is exceptionally difficult to define. It does not merely mean a contract contrary to the criminal law, although such a contract would indubitably be illegal. But a contract can well be illegal without contravening the criminal law, because there are certain activities which the law does not actually prohibit, but at the same time regards as contrary to the public interest and definitely to be discouraged, for instance, prostitution. While a void contract is not necessarily illegal, an illegal contract is often void. However, the consequences of an illegal contract differ somewhat from those usually produced by a simply void contract, so illegal contracts are usually accorded separate treatment." P.S. Atiyah, An Intwduction to the Law of Contract 38 (3d ed. 1981).

illegal contract- See CONTRACT,

illegal interest See USURY.

illegal interest See USURY.

illegal per se Unlawful in and of it self.

illegal rate An interest rate higher than the rate allowed by law. See USURY.

illegal rate See INTEREST RATE.

illegal search See unreasonable search under SEARCH.

illegal search See unreasonable search.

illegal strike 1. A strike using unlawful procedures. 2. A strike to obtain unlawful objectives, as in a strike to force an employer to stop doing business with a particular company.

illegal strike See STRIKE.

illegal subdivision The division of a tract of land into smaller parcels in violation oflocal subdivision regulations, as when a developer begins laying out streets, installing sewer and utility lines, and constructing houses without the local planning commissions authorization.

illegal subdivision See SUBDIVISION.

illegal tax See TAX.

illegal tax 1. A tax that violates the law, esp. the constitution. For an example, see poll tax. 2. See erroneous tax.

illegal tax protester The name once used by the IRS to deSignate a person believed to have used illegal means to avoid or reduce tax liability. In the Internal Revenue Service Restructuring and Reform Act of 1998, Congress forbade the IRS to continue using the labeL Today the term nonfiler is typically used instead.

illegal tax protester See TAX PROTESTER.

illegal vote See VOTE (1).

illegality 1. An act that is not authorized by law. 2. The state of not being legally authorized. "A contract made ultra vires is void; but not [strictly speaking] on the ground of illegality. Lord Cairns .. , takes exception to the use of the term 'illegality,' pointing out that it is not the object of the contracting parties, but the incapacity of one of them, that avoids the contract." William R, Anson, Principles of the Law of Contract 190 (Arthur L Corbin ed., 3d Am. ed, 1919). "It must not be thought that illegality in the law of contract is co-terminous with illegality in the criminal law, for a contract may be illegal without involving any breach of the criminal law at all." p.s. Atiyah, An Introduction to the Law of Contract 257 (3d ed, 1981). 3. The state or condition of being unlawfuL. The affirmative defense of illegality must be expressly set forth in the response to the opponent's pleading. Fed. R. Civ, P.8(c).

illegally obtained evidence Evidence obtained by violating a statute or a person's constitutional or other right, esp. the Fourth Amendment guarantee against unreasonable searches, the Fifth Amendment right to remain silent, or the Sixth Amendment right to counsel.

illegally obtained evidence- See EVIDENCE.

illegel entry 1. The unlawful act of going into a building with the intent to commit a crim. In some jurisdicrions, illegel entry is a lesser inclueded offense of burglary. 2. Immigration. The unauthorized entrance of an alien into the United States by arriving at the wrong time or place, by evading inspection, or by fraud.

illegitimacy 1. Unlawfulness. 2. The status of a person who is born outside a lawful marriage and who is not later legitimated by the parents. Also termed bastardy. Cf. LEGITIMACY.

illegitimate adj. 1. (Of a child) born out of lawful wedlock and never having been legitimated <illegitimate son>. Under modern ecclesiastical law, a child born out of wedlock may be automatically legitimated if the parents later marry. A child conceived while the mother is married but born after she is divorced or widowed is considered legitimate. 2. Against the law; unlawful <illegitimate contract for the sale of contraband>. 3. Improper <illegitimate conduct>. 4. Incorrectly inferred <illegitimate conclusion>. 5. Ecclesiastical law. (Of a child) born within a marriage that is regarded as an invalid sacrament from its inception.

illegitimate child A child who was not conceived or born in lawful wedlock, nor later legitimated . At common law, such a child was considered the child of nobody (nullius filius) and had no name except one that was gained by reputation. Being no one's child, an illegitimate child could not inherit, even from the mother, but all states now allow maternal inheritance. In cases such as Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509 (1968), and Glona v. American Guar. & Liab. Ins. Co., 391 U.S. 73,88 S.Ct. 1515 (1968), the Supreme Court held that limitations on a child's right to inherit from his or her mother were unconstitutional. As a result, states changed their laws to permit full maternal inheritance. Full paternal inheritance is permitted if the child can prove paternity in accordance with state law (the proof varies from state to state). This burden of proof, uniquely imposed on an illegitimate child, is constitutionally permissible. Lalli v. Lalli, 439 U.S. 259, 99 S.Ct. 518 (1978). Also termed bastard; child out of wedlock; nonmarital child; (archaically) natural child. Cf. BASTARD.

illegitimate child- See CHILD,

illicenciatus (il-LI-sen-shee-ay-tas). [Law Latin]. Without license.

illicit (i[l]-lis-at), adj. Illegal or improper <illicit relations>.

illicit cohabitation 1. The offense committed by an unmarried man and woman who live together as husband and wife and engage in sexual intercourse . This offense, where it still exists, is seldom prosecuted. 2. The condition of a man and a woman who are not married to one another and live together in circumstances that make the arrangement questionable on grounds of social propriety, though not necessarily illegal Also termed lascivious cohabitation; lewd and lascivious cohabitation. Cf. FORNICATION.

illicit cohabitation. See COHABITATION.

illicitum collegium (i-lis-a-tam ka-Iee-jee-am). [Latin] Roman law. An illegal association; a collegium engaging in illegal activity Members of an illicitum collegium were subject to prosecution.

Illinois land trust See land trust under TRUST.

illiquid asset An asset that is not readily convertible into cash, usu. because of (1) the lack of demand, (2) the absence of an established market, or (3) the substantial cost or time required for liquidation (such as for real property, even when it is desirable).

illiquid asset- See ASSET.

illusory (i-Ioo-sa-ree), adj. Deceptive; based on a false impression.

illusory appointment A nominal, unduly restrictive, or conditional transfer of property under a power of appointment. "Like many other theories which are very plausible in the abstract, experience has shown that the doctrine of illusory appointments is difficult in application, since the term 'illusory' is vague and indefinite. And, because of the difficulty of formulating rules for determining what is an illusory appointment and the evils resulting from attempts to substitute the judicial will for the intent of the donor and donee of the power, the doctrine has been condemned or rejected by many courts." 62 Am.Jur. 2d Powers ofAppoint· ment § 186 (1990).