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impalement An ancient mode of inflicting punishment by thrusting a sharp pole through the body. Formerly also spelled empalement. - impale, vb.

impanel See EMPANEL.

impaneled jury See JURY.

imparcare (im-pahr-kair-ee), vb. [Law Latin "to enclose"]. To impound; to confine in prison. See CARCER.

imparl (im-pahrl), vb. 1. To request or obtain an imparlance. 2. To confer with the opposing party in an effort to settle a dispute amicably; to discuss settlement.

imparlance (im-pahr-lants). 1. A continuance granted for the purpose of giving the requesting party (usu. the defendant) further time to answer the adversary's last pleading (esp. the plaintiff's writ, bill, or count), often so that the parties will have time to settle the dispute. Imparlances were abolished in England in 1853. 2. A petition for such a continuance. 3. The permission granting such a continuance. - Formerly also spelled emparlance. Also termed licentia loquendi. "After defence made, the defendant must put in his plea. But, before he pleads, he is entitled to demand one impar' lance, or licentia loql.lendi, and may have more granted by consent of the plaintiff; to see if he can end the matter amicably without farther suit, by talking with the plain" tiff ...." 3 William Blackstone, Commentaries on the Laws of England 298 (1768). "An imparlance is the time allowed by the court to either party, upon request, to answer the pleading of his opponent. Imparlance, from the French 'parler to speak in its most common signification, means time to plead. Formerly the parties, in the course of oral pleadings, were allowed time to speak or confer with one another, so that they might endeavor to settle the matters in dispute, and later, when the pleadings came to be in writing, the court permitted a certain time for each to plead to or answer the pleading of his opponent. In modern practice the term is rarely used ...." BenjaminJ. Shipman, Handbook of Common·Law Pleading § 234, at 405 (Henry Winthrop Ballantine ed., 3d ed. 1923).

impartial adj. Unbiased; disinterested.

impartial chair 1. ARBITRATOR. 2. MEDIATOR. Also termed impartial chairman.

impartial expert An expert who is appointed by the court to present an unbiased opinion. Also termed court-appointed expert. Fed. R. Evid. 706.

impartial expert- See EXPERT.

impartial jury A jury that has no opinion about the case at the start of the trial and that bases its verdict on competent legal evidence. Also termed fair and impartial jury.

impartial jury See JURY.

impartible (im-pahr-ta-bal), adj. Indivisible <an impartible estate>.

impartible feud An indivisible feud; a feud not subject to partition. See feudum individuum under FEUD.

impartible feud- See FEUD (1).

impasse (im-pas). A point in negotiations at which agreement cannot be reached. A neutral third party (such as a mediator) is often called in to help resolve an impasse. "Not only is the employer free after impasse to implement changes already offered to the union, but either party is free after impasse to decline to negotiate further. Since impasse signifies that the parties have exhausted (at least temporarily) the avenues of bargaining, termination of bargaining at that point cannot be thought to demon· strate a cast of mind against reaching agreement." Robert A. Gorman, Basic Text on Labor Law: Unionization and Collective Bargaining 447 (1976).

impeach 1. To charge with a crime or misconduct; esp., to formally charge (a public official) with a violation of the public trust <President Nixon resigned from office to avoid being impeached>. Impeaching a federal official, such as the President, the Vice President, or a judge, requires that a majority of the U.S. House of Representatives vote to return at least one article of impeachment to the U.S. Senate, itemizing the charges and explaining their factual grounds. Even if an official is impeached, removal from office does not occur unless two-thirds of the senators who are present vote for conviction. 2. To discredit the veracity of (a witness) <the lawyer hoped that her star witness wouldn't be impeached on cross-examination>. 3. To challenge the accuracy or authenticity of (a document) <the handwriting expert impeached the holographic will>.

impeachable offense See IMPEACHABLE OFFENSE.

impeachable offense An offense for which a public official may legally be impeached, during the first step in a two-step process that may, depending on the vote in the U.S. Senate, lead to the official's removal from office. The U.S. Constitution states that "[tlhe President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." The meaning of this language was much debated during the impeachment and trial of President Bill Clinton, against whom two articles ofimpeachment were returned by the House of Representatives. The question arose concerning what type of misdemeanor will suffice, and whether the high in high crimes modifies misdemeanors as well. No definitive answer resulted from the proceedings.

impeachment 1. The act (by a legislature) ofcalling for the removal from office of a public official, accomplished by presenting a written charge of the official's alleged misconduct; esp., the initiation of a proceeding in the U.S. House of Representatives against a federal official, such as the President or a judge. Also termed formal impeachment. Congress's authority to remove a federal official stems from Article II, Section 4 of the Constitution, which authorizes the removal of an official for "Treason, Bribery, or other high Crimes and Misdemeanors." The grounds upon which an official can be removed do not, however, have to be criminal in nature. They usu. involve some type of abuse of power or breach of the public trust. Articles of impeach ment which can be approved by a simple majority in the House serve as the charging instrument for the later trial in the Senate. If the President is impeached, the ChiefJustice of the Supreme Court presides over the Senate trial. The defendant can be removed from office by the vote of a two-thirds majority ofthe senators who are present. In the United Kingdom, impeachment is by the House of Commons and trial by the House of Lords. But no case has arisen there since 1801, and many British scholars consider impeachment obsolete. 2. The act of discrediting a witness, as by catching the witness in a lie or by demonstrating that the witness has been convicted of a criminal offense. 3. The act of challenging the accuracy or authenticity of evidence.

impeachment court See COURT FOR THE TRIAL OF IMPEACHMENTS.

impeachment court- See COURT FOR THE TRIALS OF IMPEACHMENT.

impeachment evidence Evidence used to undermine a witness's credibility. Fed. R. Evid. 607-610.

impeachment evidence- See EVIDENCE.

impeachment of verdict A party's attack on a verdict, alleging impropriety by a member of the jury.

impeachment of waste An action for waste against the tenant of the harmed property. "[F]or above five hundred years past, all tenants for life or for any less estate, have been punishable or liable to be impeached for waste, both voluntary and permis' sive; unless their leases be made, as sometimes they are, without impeachment of waste ..."2 William Blackstone, Commentaries on the Laws of England 283 (1766).

impechiare (im-pee-chee-air-ee), vb. [fr. Law French empescher "to impeach"]. To impeach; to accuse.

impediens (im-pee-dee-enz). [Law Latin]. A person who hinders. The defendant (or deforciant) in a fine of conveyance was sometimes so called. See FINE (1).

impediment (im-ped-a-mant). A hindrance or obstruction; esp., some fact (such as legal minority) that bars a marriage if known beforehand and, if discovered after the ceremony, renders the marriage void or voidable.

impedimenta dirimentia See diriment impediment under IMPEDIMENT.

impedimentum rebus agendis (im-ped-a-men-tam ree-bas a-jen-dis). [Law Latin]. A hindrance to the transaction of business.

impeditor (im-ped-a-tar). [Law Latin]. A person who interferes with a patron's right of advowson, i.e., the right to appoint a clerk to a benefice. - Also termed disturber. See DE CLERICO ADMITTENDO.

impensae (im-pen-see), n. pl. [Latin] Roman law. Expenditures made on a thing.

impensae necessariae (im-pen-see nes-a-sair-ee-ee). Expenditures necessary to prevent deterioration, destruction, or loss of a thing - such as money expended for building repair or maintenance.

impensae utiles (im-pen-see yoo-ta-leez). Useful expenditures that improve something and increase its selling value.

impensae voluptariae (im-pen-see vol-ap-tair-ee-ee). Expenditures made on a thing for ornamental purposes only.

imperative authority Authority that is absolutely binding on a court. - Also termed binding authority. Cf. binding precedent under PRECEDENT.

imperative authority- See AUTHORITY (4).

imperative law See LAW.

imperative law A rule in the form of a command; a rule of action imposed on people by some authority that enforces obedience. "Strictly speaking, it is not possible to say that imperative law is a command in the ordinary sense of the word. A "command" in the ordinary meaning of the word is an expression of a wish by a person or body as to the conduct of another person, communicated to that other person. But (1) in the case of the law there is no determinate person who as a matter of psychological fact commands all the law. We are all born into a community in which law already exists, and at no time in our lives do any of us command the whole law, The most that we do is to play our part in enforcing or altering particular portions of it. (2) Ignorance of the law is no excuse; thus a rule of law is binding even though not communicated to the subject of the law." John Salmond, Jurisprudence 21 n,(c) (Glanville L. Williams ed., 10th ed. 1947).

imperative theory of law The theory that law consists of the general commands issued by a country or other political community to its subjects and enforced by courts with the sanction of physical force. Imperative theorists believe that if there are rules predating or independent of the country, those rules may closely resemble law or even substitute for it, but they are not law. See POSITIVE LAW. C[ NATURAL LAW.

imperfect defense A defense that fails to meet all legal requirements and usu. results only in a reduction in grade or sentence rather than an acquittal, as when a defendant is charged with manslaughter rather than murder because the defendant, while defending another, used unreasonable force to repel the attack. See imperfect self-defense under SELF-DEFENSE. Cf. perfect defense.

imperfect defense- See DEFENSE (1).

imperfect duty 1. A duty that, though recognized by law, is not enforceable against the person who owes it. 2. A duty that is not fit for enforcement but should be left to the discretion and conscience of the person whose duty it is.

imperfect duty- See DUTY (1).

imperfect grant 1. A grant that requires the grantor to do something before the title passes to another. Cf. perfect grant. 2. A grant that does not convey all rights and complete title against both private persons and government, so that the granting person or political authority may later disavow the grant. See Paschal v. Perex, 7 Tex. 368 (1851).

imperfect grant- See GRANT.

imperfect justification See JUSTIFICATION.

imperfect justification A reason or cause that is insufficient to completely justify a defendant"s behavior but that can be used to mitigate criminal punishment.

imperfect obligation See moral obligation.

imperfect obligation See moral obligation under OBLIGATION.

imperfect ownership Ownership of property subject to a usufruct interest held by another. See La. Civ. Code art. 478. Also termed naked ownership.

imperfect ownership See OWNERSHIP.

imperfect right See RIGHT.

imperfect right A right that is recognized by the law but is not enforceable. Examples include timebarred claims and claims exceeding the local limits of a courts jurisdiction. [T]here are certain rights, sometimes called imperfect rights, which the law recognizes but will not enforce directly. Thus a statute barred debt cannot be recovered in a court of law, but for certain purposes the existence of the debt has legal significance. If the debtor pays the money, he cannot later sue to recover it as money paid without consideration; and the imperfect right has the faculty of becoming perfect if the debtor makes an acknowledgment of the debt from which there can be inferred a promise to pay." George Whitecross Paton, A Textbook ofJurisprudence 286 (G.W. Paton & David P. Derham eds., 4th ed. 1972).

imperfect self-defense The use of force by one who makes an honest but unreasonable mistake that force is necessary to repel an attack. - In some jurisdictions, such a self-defender will be charged with a lesser offense than the one committed.

imperfect self-defense See SELF-DEFENSE.

imperfect statute See STATUTE.

imperfect statute A law that prohibits, but does not render void, an objectionable transaction. Such a statute provides a penalty for disobedience without depriving the violative transaction of its legal effect.

imperfect title See TITLE (2).

imperfect trust See executory trust under TRUST.

imperfect usufruct See quasi-usufruct (1) under usu-FRUCT.

imperfect war See WAR.

imperial state A composite state in which a common or central government possesses in itself the entire sovereignty, so that the constituent states possess no portion of this sovereignty.

imperial state See STATE.

imperitia (im-pa-rish-ee-a), n. [Latin] Roman law. Lack of skill or competence; inexperience. The Romans considered imperitia to be a type of culpa that gave rise to liability in tort or liability under a contract calling for the rendering of services (such as a locatio conductio operis). Imperitus could denote a person, such as a judge who was incompetent in what he undertook.

imperium (im-peer-ee-am), n. [Latin] Roman law. Power or dominion; esp., the legal authority wielded by superior magistrates under the Republic, and later by the emperor under the Empire. Imperium implied the right of military command, and the powers of corporal punishment, and of life and death over citizens. It was symbolized by the lictors who carried the fasces and an ax, which symbolized those powers. Imperium was also used less technically; it applied to lesser types of authority under Roman law, and thus had differ ent meanings. For example, imperium domesticum described the power of the head of a household.

imperium merum (im-peer-ee-am meer-am). [Latin "bare power" or "absolute executive power"] Roman law. A higher magistrate's power to use force to repress crime.

imperium mixtum (im-peer-ee-am miks-tam). [Latin "mixed power"] Roman law. A magistrate's authority to make and enforce decisions in civil and criminal matters.

impermissible comment on the evidence See COMMENT ON THE EVIDENCE.

impersonal See IN REM.

impersonation The act of impersonating someone. Also termed personation.

impertinent adj. See IRRELEVANT.

impertinent evidence See irrelevant evidence.

impertinent evidence- See EVIDENCE.

impertinent matter Procedure. In pleading, matter that is not relevant to the action or defense. A federal court may strike any impertinent matter from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDALous MATTER. ''The court will not strike out the matter unless its impertinence clearly appears; for if erroneously stricken out, the error is irremediable; if left to stand, the court may set the matter right in taxing the costs. Matter which is scandalous is also impertinent." William C. Anderson. A Dictionary Of Law 526 (1889).

impescare (im-pa-skair-ee), vb. (fr. Law French empescher "to impeach"]. To impeach; to accuse.

impetitio vasti (im-pa-tish-ee-oh vas-ti). See IMPEACHMENT OF WASTE.

impetrare (im-pa-trair-ee), vb. [Latin] Roman law. To obtain by request. This word often appeared in petitions requesting a formula for an action from a praetor. It performed a similar function under English law for those seeking a writ from Chancery. The English word impetrate derives from this Latinism. Cf. FORMULA.

impetration (im-pa-tray-shan). 1. The act of petitioning for a writ. 2. Hist. Eccles. law. The act of obtaining a papal benefice for bestowal by the king or other lay patron. - impetrate, vb.

impignorata (im-pig-na-ray-ta). [Law Latin]. Given in pledge; pledged or mortgaged.

impignoration (im-pig-na-ray-shan). The act of pawning or putting to pledge. - impignorate, vb.

impinge To encroach or infringe (on or upon) <impinge on the defendant's rights>.

implacitare (im-plas-a-tair-ee), vb. [fr. Latin placitum "plea"]. To implead; to sue.

implead 1. To bring (someone) into a lawsuit; esp., to bring (a new party) into the action. Cf. INTERPLEAD. 2. To bring an action against; to accuse. Formerly also spelled emplead; empleet. Federal Civil Procedure c>281-297; Parties

impleader A procedure by which a third party is brought into a lawsuit, esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff. Fed. R. Civ. P. 14. Also termed third-party practice; vouching-in. Cf. INTERPLEADER; INTERVENTION (1).

implementation plan Environmental law. A detailed outline of steps needed to meet enVironmental-quality standards by an established time.

implicate 1. To show (a person) to be involved in (a crime, misfeasance, etc.) <when he turned state's evidence, he implicated three other suspects>. 2. To be involved or affected <three judges were implicated in the bribery>.

implication 1. The act of showing involvement in something, esp. a crime or misfeasance <the implication of the judges in the bribery scheme>. 2. An inference drawn from something said or observed <the implication was that the scheme involved several persons> .

implicit cost See opportunity cost.

implicit cost- See opportunity cost under COST (1).

implied adj. Not directly expressed; recognized by law as existing inferentially <implied agreement>. See IMPLY (1). Cf. EXPRESS.

implied assertion See assertive conduct under CONDUCT.

implied abandonment Patents. An inventor's failure to take steps to protect an invention, such as by failing to claim the invention when disclosed in a patent application or by permitting an application to be abandoned, esp. by failing to file an answer to an office action within the time allowed.

implied abandonment- See ABANDONMENT (10).

implied acceptance An acceptance implied by a drawee whose actions indicate an intention to comply with the request of the drawer; conduct by the drawee from which the holder is justified in concluding that the drawee intends to accept the instrument.

implied acceptance- See ACCEPTANCE (4).

implied acquittal An acquittal in which a jury convicts the defendant of a lesser included offense without commenting on the greater offense. Double jeopardy bars the retrial of a defendant on the higher offense after an implied acquittal. 2. Contracts. A release or discharge from debt or other liability; ACQUITTANCE. 3. Hist. The obligation of a middle lord to protect a tenant from a claim, entry, or molestation by a paramount lord arising out of service that the middle lord owes the paramount lord.

implied acquittal- See ACQUITTAL.

implied actual knowledge See actual knowledge (2) under KNOWLEDGE.