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illusory appointment- See APPOINTMENT (4).

illusory appointment act An 1830 English statute providing that no appointment of property is to be declared invalid on grounds that it is illusory. This statute was repealed and reissued in 1925 as part of the Law of Property Act.

illusory contract An agreement in which one party gives as consideration a promise that is so insubstantial as to impose no obligation. The insubstantial promise renders the agreement unenforceable.

illusory contract- See CONTRACT.

illusory promise See PROMISE.

illusory promise A promise that appears on its face to be so insubstantial as to impose no obligation on the promisor; an expression cloaked in promissory terms but actually containing no commitment by the promisor. An illusory promise typically,by its terms, makes performance optional with the promisor. For example, if a guarantor promises to make good on the principal debtors obligation "as long as I think it s in my commercial interest," the promisor is not really bound. "An apparent promise which, according to its terms, makes performance optional with the promisor no matter what may happen, or no matter what course of conduct in other respects he may pursue, is in fact no promise. Such an expression is often called an illusory promise: Samuel Williston, A Treatise on the Law of Contracts § 1A, at 5 (Walter H.E. Jaeger ed., 3d ed. 1957).

illusory tenant 1. A fictitious person who, as the landlords alter ego, subleases an apartment to permit the landlord to circumvent rent-law regulations. 2. A tenant whose business is to sublease rent-controlled apartments.

illusory tenant See TENANT.

illusory trust See TRUST.

illusory-transfer doctrine The rule that the law disregards an inter vivos gift over which the donor retains so much control that there is no good-faith intent to relinquish the transferred property. The illusory-transfer doctrine is usu. applied to inter vivos trusts in which the settlor retains an excessive control or an interest for instance, one in which the settlor retains the income for life, the power to revoke, and substantial managerial powers. The leading case on this doctrine is Newman v. Dore, 9 N.E.2d 966 (N.Y. 1937). See colorable transfer under TRANSFER.

illustrative evidence See demonstrative evidence.

illustrative evidence- See demonstrative evidence under EVIDENCE.

imaginary damages See punitive damages under DAMAGES.

imaginary damages- See punitive damages.

imagining See COMPASSING.

imbargo Archaic. See EMBARGO (1).

imbecile (im-ba-sal or -sil). A person afflicted with severe mental retardation. Cf. IDIOT.

imbezzle Archaic. See EMBEZZLE.

imbracery See EMBRACERY.

IMCO abbr. INTERGOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION.

IME abbr. 1. INDEPENDENT MEDICAL EXAMINATION. 2. INDEPENDENT MENTAL EVALUATION.

IMF abbr. INTERNATIONAL MONETARY FUND.

imitation Trademarks. An item that so resembles a trademarked item as to be likely to induce the belief that it is genuine. See SIMILARITY. "The law of trade marks is of recent origin, and may be comprehended in the proposition that a dealer 'has a property in his trade mark.' The ownership is allowed to him that he may have the exclusive benefit of the reputation which his skill has given to articles made by him and that no other person may be able to sell to the public. as his that which is not his. An imitation of his mark, with partial differences such as the public would not observe, does him the same harm as an entire counterfeit. If the wholesale buyer, who is most conversant with the marks, is not misled, but the small retailer or the consumer is, the injury is the same in law. and differs only in degree." Clark v. Clark. 25 Barb. 76 (N.Y. 1857). "It is no excuse that one using the trade-marks of another informs his dealers of the imitation. for succeeding sellers may not make similar disclosures." James Kent, 2 Commentaries on American Law *372 n. 8 (George Comstock ed., 11 th ed. 1866).

IMLS abbr. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

immaterial adj. (Of evidence) tending to prove some fact that is not properly at issue; lacking any logical connection with the consequential facts. Cf. IRRELEVANT. immateriality, n. ''The rules of substantive law and of pleading are what determine immateriality; and if the probandum is immaterial, of course no evidence to prove it is wanted." John H. Wigmore, A Students' Textbook of the Law of Evidence 37 (1935).

immaterial averment An averment that alleges something in needless detail; a statement that goes far beyond what is in issue.o This type of averment may be ordered struck from the pleading.

immaterial averment- See AVERMENT.

immaterial evidence 1. Evidence lacking in probative value. 2. Evidence offered to prove a matter that is not in issue.

immaterial evidence- See EVIDENCE.

immaterial fact A fact that is not relevant to a matter in issue.

immaterial fact- See FACT.

immaterial issue An issue not necessary to decide the point of law. Cf. material issue.

immaterial issue See ISSUE (1).

immaterial variance See VARIANCE (1).

immatriculation The grant of nationality to and enrollment on the national registry of a merchant ship, thereby giving the ship the right to fly the registering nation's flag.

immaturity See MINORITY (1).

immediate adj. 1. Occurring without delay; instant <an immediate acceptance>. 2. Not separated by other persons or things <her immediate neighbor>. 3. Having a direct impact; without an intervening agency <the immediate cause of the accident>. Cf. PROXIMATE. - immediacy,immedi ateness, n.

immediate annuity An annuity paid for with a single premium and that begins to pay benefits within the first payment interval. Cf. deferred annuity.

immediate annuity- See ANNUITY.

immediate breach A breach that entitles the nonbreaching party to sue for damages immediately.

immediate breach- See BREACH OF CONTRACT.

immediate cause The last event in a chain of events, though not necessarily the proximate cause of what follows. Also termed effective cause.

immediate cause- See CAUSE (1).

immediate control 1. The area within an arrestee's reach. A police officer may conduct a warrantless search of this area to ensure the officer's safety and to prevent the arrestee from destroying evidence. 2. Vehicular control that is close enough to allow the driver to instantly govern the vehicle's movements. A driver's failure to maintain immediate control over the vehicle could be evidence of negligence.

immediate death 1. See instantaneous death. 2. A death occurring within a short time after an injury or seizure, but not instantaneously. "A distinction has been made between 'instantaneous' and 'immediate' death .... As an example of 'immedi· ate' rather than 'instantaneous' death the situation in which a blow on the head produces unconsciousness and renders the victim incapable of intelligent thought, speech, or action for several minutes until he dies." 22AAm.Jur. 2d Death § 43. at 159 (1988).

immediate death- See DEATH.

immediate descent 1. A descent directly to an heir, as from a grandmother to granddaughter, brought about by the earlier death of the mother. 2. A direct descent without an intervening link in consanguinity, as from mother to daughter.

immediate descent- See DESCENT.

immediate family See FAMILY.

immediate intent See INTENT (1).

immediate intent The intent relating to a wrongful act; the part of the total intent coincident with the wrongful act itself.

immediate notice See NOTICE.

immediate past president The last president who held office before the incumbent. See EMERITUS.

immediate past president 1. See PRESIDENT. 2. See EMERITUS.

immediate possession See POSSESSION.

immediate possession Possession that is acquired or retained directly or personally. - Also termed direct possession.

immediatefamily 1. A person's parents, spouse, children, and siblings. 2. A person's parents, spouse, children, and Siblings, as well as those of the person's spouse. Stepchildren and adopted children are usu. immediate family members. For some purposes, such as taxes, a person's immediate family may also include the spouses of children and siblings.

immediately harmful behavior Seriously harmful parental (or caregiver) behavior that could have caused serious injury to a child but that, because of the intervention of an outside force or a fortuitous event, did not result in any injury.

immediately harmful behavior- See HARMFUL BEHAVIOR.

immediately pending motion See MOTION (2).

immediately-apparent requirement Criminal procedure. The principle that a police officer must have probable cause to believe that an item is contraband before seizing it. This plain-view exception to the warrant requirement was first announced in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022 (1971). "An object may not be seized from a car merely because the police plain view of it was lawfully acquired; there must be probable cause that the object is a fruit, instrumentality or evidence of crime. And under the 'immediately apparent' requirement of Coolidge v. New Hampshire, this probable cause must be determined without examination of the object other than is justified by the purpose underlying police entry of the vehicle." Wayne R. LaFave & Jerold H. Israel, Criminal Procedure § 3.7, at 201 (2d ed. 1992).

immediate-notice clause A provision in many insurance policies obligating the insured to notify the insurer as soon as possible after a claim arises. A requirement in a policy for "prompt" or "immediate" notice or that notice must be given "immediately," "at once," "forthwith," "as soon as practicable," or "as soon as possible" generally means that the notice must be given within a reasonable time under the circumstances.

immemorial (im-a-mor-ee-al), adj. Beyond memory or record; very old. See TIME IMMEMORIAL.

immemorial possession See POSSESSION.

immemorial possession Possession that began so long ago that no one still living witnessed its beginning.

immemorial usage See USAGE.

immigrant A person who enters a country to settle there permanently; a person who immigrates. Cf. EMIGRANT.

immigration The act of entering a country with the intention of settling there permanently. Cf. EMIGRATION. --immigrate, vb. immigrant, n.

Immigration and Nationality Act A comprehensive federal law regulating immigration, naturalization, and the exclusion of aliens. 8 USCA §§ 1101-1537. - Also termed Nationality Act.

Immigration and Naturalization Service A former U.S. Department ofJustice agency that administered the Immigration and Nationality Act and operates the U.S. Border Patrol. - Abbr. INS. See UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.

Immigration Appeals Board See BOARD OF IMMIGRATION APPEALS.

imminent danger 1. An immediate, real threat to one's safety that justifies the use of force in selfdefense. 2. Criminal law. The danger resulting from an immediate threatened injury sufficient to cause a reasonable and prudent person to defend himself or herself.

imminent danger- See DANGER.

imminent hazard imminent hazard. An immediate danger; esp., in environ mental law, a situation in which the continued use of a pesticide will probably result in unreasonable adverse effects on the environment or will involve an unreasonable danger to the survival of an endangered species. 7 USCA § 136(1).

imminent hazard- See HAZARD (1).

imminently dangerous (Of a person, behavior, activity, or thing) reasonably certain to place life and limb in peril. This term is relevant in several legal contexts. For example, if a mental condition renders a person imminently dangerous to self or others, he or she may be committed to a mental hospital. And the imminently dangerous behavior of pointing a gun at someone's head could subject the actor to criminal and tort liability. Further, the manufacturer of an imminently dangerous product may be held to a strict-liability standard in tort.

imminently dangerous- See DANGEROUS.

imminent-peril doctrine See EMERGENCY DOCTRINE (1).

immiscere (i-mis-a-ree), vb. [Latin] Roman law. To mix or mingle with; to meddle with. This term took on the figurative sense of meddling in another's affairs (e.g., acting as if one were an heir), for which a person could be held accountable.

immobilia (im-a-bil-ee-a). Immovables. - Also termed res immobiles (reez i-moh-ba-leez).

immobilia situm sequuntur (im-a-bil-ee-a si-tam sa-kwan-tar). [Latin] Immovable things follow their site. This principle means that immovables are governed by the law of the place where they are fixed. Sometimes shortened to immobilia situm.

immobilis adj. (i-moh-ba-lis). [Latin] Immovable.

immobilize vb. To make immobile; esp., to turn (movable property) into immovable property or to turn (circulating capital) into fixed capital.

immoral consideration A consideration that so offends societal norms as to be invalid. A contract supported by immoral consideration is usu. voidable or unenforceable. Also termed turpis causa.

immoral consideration- See CONSIDERATION (1).

immoral contract An agreement that so flagrantly violates societal norms as to be unenforceable.

immoral contract- See CONTRACT.

immoral subject matter 1. Patents. Inventions that do not have a socially beneficial use .o In the past, patents were denied for some categories of inventions, such as gambling devices and fraudulent products, esp. medicines. The doctrine is rarely used today. 2. Trademarks. SCANDALOUS SUBJECT MATTER.

immovable (usu. pl.) Property that cannot be moved; an object so firmly attached to land that it is regarded as part of the land. Also termed immovable thing. See FIXTURE. Cf. MOVABLE. Immovable, adj. "Considered in its legal aspect, an immovable, that is to say, a piece of land, includes the following elements: - 1. A determinate portion of the earth's surface. 2. The ground beneath the surface down to the centre of the world. All the pieces of land in England meet together in one terminable point at the earth's centre. 3. Possibly the column of space above the surface ad infinitum." John Salmond, Jurisprudence 428 (Glanville L. Williams ed., 10th ed. 1947).

immovable fixture See FIXTURE.

immune adj. Having immunity; exempt from a duty or liability.

immunity 1. Any exemption from a duty, liability, or service of process; esp., such an exemption granted to a public official or governmental unit. Cf. IMPUNITY. "An immunity is a defense to tort liability which is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity or entity in question at the expense of those injured by its tortious act. Historically, tort litigation against units of government, public officers, and charities, and between spouses, parents and children, has been limited or prohibited on this basis." Edwardj. Kionka, Torts in a Nutshell 341 (2d ed. 1992).

immunize To grant immunity to <the new legislation immunized the police officers from liability>.

impact rule The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. This rule has been abandoned in most jurisdictions. Also termed physical-impact rule.

impacted area A region that is affected by some event; esp., a region in which the school population increases due to an influx of federal employees who are working on a federal project or activity, but the tax revenue declines due to the U.S. government's immunity from local taxes.

impair vb. To diminish the value of (property or a property right). This term is commonly used in reference to diminishing the value of a contractual obligation to the point that the contract becomes invalid or a party loses the benefit of the contract. See CONTRACTS CLAUSE.

impaired capital Corporate funds consisting of assets that are less than the sum of the corporation's legal capital and its liabilities.

impaired capital- See CAPITAL.

impairing the morals of a minor The offense of an adult's engaging in sex-related acts, short of intercourse, with a minor. Examples of this conduct are fondling, taking obscene photographs, and showing pornographic materials. - Also termed unlawful sexual conduct with a minor; corrupting; corruption of a minor. Cf. CONTRIBUTING TO THE DELINQUENCY OF A MINOR.

impairment The fact or state of being damaged, weakened, or diminished <impairment of collateral>. - impair, vb.