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import quota See QUOTA.

import recording See BOOTLEG RECORDING (1).

importation The bringing of goods into a country from another country.

imported litigation One or more lawsuits brought in a state that has no interest in the dispute.

importer A person or entity that brings goods into a country from a foreign country and pays customs duties.

Import-Export Clause U.S. Const. art. I, § 10, cl. 2, which prohibits states from taxing imports or exports. The Supreme Court has liberally interpreted this clause, allowing states to tax imports as long as the tax does not discriminate in favor of domestic goods. Also termed Export Clause.

importune (im-por-t[y]oon), vb. To solicit forcefully; to request persistently, and sometimes irksomely.

impose vb. To levy or exact (a tax or duty).

imposition An impost or tax.

impositive fact An investitive fact that imposes duties.

impositive fact- See FACT.

impossibility 1. The fact or condition of not being able to occur, exist, or be done. 2. A fact or circumstance that cannot occur, exist, or be done. 3. Contracts. A fact or circumstance that excuses performance because (1) the subject or means of performance has deteriorated, has been destroyed, or is no longer available, (2) the method of delivery or payment has failed, (3) a law now prevents performance, or (4) death or illness prevents performance. Increased or unexpected difficulty and expense do not usu. qualify as an impossibility and thus do not excuse performance. Also termed impossibility ofperformance. 4. The doctrine bv which such a fact or circumstance excuses contratual performance. Cf. FRUSTRATION (2); IMPRACTICABILITY. (2); IMPRACTICABILITY. 5. Criminal law. A fact or circumstance preventing the commission of a crime.

impossibility-of-performance doctrine The principle that a party may be released from a contract on the ground that uncontrollable circumstances have rendered performance impossible. Cf. FRUSTRATION (2); IMPRACTICABILITY.

impossible consideration Consideration stemming from a promise or performance that cannot be fulfilled.

impossible consideration- See CONSIDERATION (1).

impossible contract An agreement that the law will not enforce because there is no feasible way for one of the parties to perform. See IMPOSSIBILITY (3).

impossible contract- See CONTRACT.

impost (im-pohst). A tax or duty, esp. a customs duty <the impost was assessed when the ship reached the mainland>. See DUTY (4).

impostor (im-pos-tar). One who pretends to be someone else to deceive others, esp. to receive the benefits of a negotiable instrument. - Also spelled imposter.

impostor rule. The principle that an impostor's indorsement of a negotiable instrument is not a forgery, and that the drawer or maker who issues the instrument to the impostor is negligent and therefore liable to the holder for payment. If a drawer or maker issues an instrument to an impostor, any resulting forgery of the payee's name will be effective in favor of a person paying on the instrument in good faith or taking it for value or collection. UCC § 3-404.

impotence (im-pa-tants). 1. A man's inability to achieve an erection and therefore to have sexual intercourse. Because an impotent husband cannot consummate a marriage, impotence has often been cited as a ground for annulment. - Also termed impotency; physical incapacity; erectile dysfunction. 2. Sterility. 3. Rare. A woman's physical inability to engage in sexual intercourse.

impound The portion of a monthly mortgage payment that is earmarked to pay property taxes and the property-insurance premiums. See impound account under ACCOUNT.

impound- 1. To place (something, such as a car or other personal property) in the custody of the police or the court, often with the understanding that it will be returned intact at the end of the proceeding. 2. To take and retain possession of (something, such as a forged document to be produced as evidence) in preparation for a criminal prosecution.

impound account An account of accumulated funds held by a lender for payment of taxes, insurance, or other periodic debts against real property. Also termed escrow; escrow account; reserve account. See ESCROW (2).

impound account- See ACCOUNT.

impoundment 1. The action of impounding; the state of being impounded. See IMPOUND. 2. Constitutionallaw. The President's refusal to spend funds appropriated by Congress. Although not authorized by the Constitution and seldom used, impoundment effectively gives the executive branch a line-item veto over legislative spending.

impracticability (im-prak-ti-ka-bil-a-tee). Contracts. 1. A fact or circumstance that excuses a party from performing an act, esp. a contractual duty, because (though possible) it would cause extreme and unreasonable difficulty For performance to be truly impracticable, the duty must become much more difficult or much more expensive to perform, and this difficulty or expense must have been unanticipated. 2. The doctrine by which such a fact or circumstance excuses performance. Cf. FRUSTRATION (2); IMPOSSIBILITY (4).

imprescriptible (im-pra-skrip-ta-bal), adj. Not subject to prescription; not capable of being acquired by prescription.

imprescriptible right See RIGHT.

imprescriptible right A right that cannot be lost to prescription.

impressment (im-pres-mant), 1. The act of forcibly taking (something) for public service. 2. A court's imposition of a constructive trust on equitable grounds. See constructive trust under TRUST. 3. Archaic. The method by which armed forces were formerly expanded, when so-called press-gangs seized men off the streets and forced them to join the army or navy. Cf. CRIMPING. impress, vb.

imprest fund (im-prest). A fund used by a business for small, routine expenses.

imprest fund- See FUND (1).

imprest money (im-prest). A payment made to a soldier or sailor upon enlistment or impressment.

imprimatur (im-pri-may-tar or -mah-tar). [Latin "let it be printed"]. 1. A license required to publish a book. Once reqUired in England, the imprimatur is now encountered only rarely in countries that censor the press. 2. A general grant of approval; commendatory license or sanction.

imprimis (im-pri-mis), adv. [fr. Latin in prim is "in the first"]. In the first place. - Also termed in primis.

imprison To confine (a person) in prison.

imprisonment 1. The act of confining a person, esp. in a prison <the imprisonment of Jackson was entirely justified>. 2. The state of being confined; a period of confinement <Jackson's imprisonment lasted 14 years>. See FALSE IMPRISONMENT. "Imprisonment, by whatever name it is called, is a harsh thing, and the discipline that must be exerCised over human beings in close confinement can never be wholly agreeable to those subject to it. When an attempt is made to hide the harsh realities of criminal justice behind euphemistic descriptions, a corrupting irony may be introduced into ordinary speech that is fully as frightening as Orwell's 'Newspeak.''' Lon L. Fuller, Anatomy of the Law 57 (1968).

imprisonment for debt Detention of a debtor by court order to force the debtor to pay certain civil obligations. The remedy was usu. available only when the debt arose from nonpayment of taxes or fines owed to the Crown, or from the debtor's failure to pay court-ordered support or alimony, or from the debtor's failure to obey a decree ad factum praestandum. - Also termed civil imprisonment. See decree ad factum praestandum under DECREE.

improbation An action to prove that a document is forged or otherwise false. Also termed proper improbation.

improper adj. 1. Incorrect; unsuitable or irregular. 2. f;raudulent or otherwise wrongful.

improper cumulation of actions Under the common-law pleading system, the joining of inconsistent causes of action in one proceeding. This is permitted under most modern pleading systems.

improper feud A nonmilitary feud; a feud that is base or servile in nature. "These were the principal, and very Simple, qualities of the genuine or original feuds; being then all of a military nature, and in the hands of military persons: though the feudatories, being under frequent incapaCities of cultivating and manuring their own lands, soon found it necessary to commit part of them to inferior tenants.. . But this at the same time demolished the ancient simplicity of feuds; and an inroad being once made upon their constitution, it subjected them, in a course of time, to great varieties and innovations. Feuds came to be bought and sold, and deviations were made from the old fundamental rules of tenure and succession; which were held no longer sacred, when the feuds themselves no longer continued to be purely military. Hence these tenures began now to be divided into feoda propria et impropria, proper and improper feuds ...." 2 William Blackstone, Commentaries on the Laws of England 57-58 (1766).

improper influence See UNDUE INFLUENCE (2).

improper means of discovery Trade secrets. A wrongful way of figuring out a competitor's trade secret, as by misrepresentation, eavesdropping, or stealing.

improper motion See MOTION (2).

improperfeud See FEUD (1).

impropriate rector See RECTOR (1).

impropriate rector A lay rector as opposed to a clerical rector.

impropriation (im-proh-pree-ay-shan). Eccles. law. The grant of an ecclesiastical benefice to the use of a lay person, whether individual or corporate. See LAY IMPROPRIATOR. Cf. APPROPRIATION (5). "A church might also be appropriated to a layman, and the proper word to denote this was impropriation as distinct from appropriation, which was confined to the case of an allocation to a spiritual body." G,c. Cheshire, Modern Law of Rea! Property 333 (3d ed. 1933),

improve 1. To increase the value or enhance the appearance of something. 2. To develop (land), whether or not the development results in an increase or a decrease in value. - improver, n.

improved land Land that has been developed; esp., land occupied by buildings and structures. The improvements mayor may not enhance the value of the land.

improved land See LAND.

improved value Real estate. In the appraisal of property, the value of the land plus the value of any improvements.

improvement An addition to real property, whether permanent or not; esp., one that increases its value or utility or that enhances its appearance. Also termed land improvement. Cf. FIXTURE.

improvement bond See revenue bond.

improvement bond- See revenue bond under BOND (3).

improvement claim See Jepson claim under PATENT CLAIM.

improvement claim See Jepson claim.

improvement invention A nontrivial and nonobvious betterment of an existing device or process. The improvement may be patented, but the protection applies only to the improvement, not to the invention improved on.

improvement invention See INVENTION.

improvement patent See PATENT (3).

improvement patent A patent having claims directed to an improvement on a preexisting invention. If the preexisting invention is patented by another, the owner of the improvement patent may need a license to practice the invention covered by the claims of the improvement patent. Similarly, the owner of the preexisting invention patent may need a license to practice the invention in the improvement patent. Cf. pioneer patent.

improvidence (im-prahv--a-dants). A lack of foresight and care in the management of property, esp. as grounds for removing an estate administrator.

improvident (im-prahv-a-dant), adj. 1. Lacking foreSight and care in the management of property. 2. Of or relating to a judgment arrived at by using misleading information or a mistaken assumption.

impruiare (im-proo-ee-air-ee), vb. [Law Latin]. To improve land.

impubes (im-pyoo-beez), n. [Latin] Roman law. A child under the age of puberty. Under Roman law, this term referred to a male under 14 and a female under 12. PI. impuberes (im-pyoo-ba-reez). Cf. INFANS.

impugn (im-pyoon), vb. To challenge or call into question (a person's character, the truth ofa statement, etc.). impugnment, n.

impulse A sudden urge or inclination that prompts an unplanned action.

impunity (im-pyoo-na-tee). Exemption from punishment; immunity from the detrimental effects of one's actions <because she was a foreign diplomat, she was able to park illegally with impunity>. Cf. IMMUNITY (1).

imputation The act or an instance of imputing something, esp. fault or crime, to a person; an accusation or charge <an imputation of negligence>.

imputation of payment The act of applying or directing a payment to principal or interest on a debt, or to a particular debt when there are two or more. La. Civ. Code arts. 1864, 1866.

impute (im-pyoot), To ascribe or attribute; to regard (usu. something undesirable) as being done,caused, or possessed by <the court imputed malice to the defamatory statement>. imputation, n. imputable, adj. "The word 'impute' comes from im (in) and putare (reckon), It means to bring into the reckoning, to attribute or to ascribe, It is sometimes used to attribute vicariously, to ascribe as derived from another.This is included properly within the general import of the term but it is not its primary meaning. It may be used in many senses. Thus we may impute (ascribe) intent, knowledge, guilt, and so forth. Here it is used in the basic sense of imputing (ascrib· ing) the fact itself. Harm has been done. Did the defendant do it? Usually such an inquiry is purely factual. What really happened? At times, however, when all the facts are known we have to ask: Will the law impute (attribute or ascribe) what happened to the defendant? That is what is meant here by 'imputability.'" Rollin M. Perkins & Ronald N. Boyce, Criminal Law 605 (3d ed. 1982).

imputed disqualification See vicarious disqualification under DISQUALIFICATION.

imputed income See INCOME.

imputed income- The benefit one receives from the use of one's own property, the performance of one's services, or the consumption of self-produced goods and services.

imputed interest Interest income that the IRS attributes to a lender regardless of whether the lender actually receives interest from the borrower. This is common esp. in loans between family members.

imputed interest See INTEREST (3).

imputed knowledge Knowledge attributed to a given person, esp. because of the person"s legal responsibility for another"s conduct <the principal"s imputed knowledge of its agent"s dealings>.

imputed knowledge See KNOWLEDGE.

imputed negligence See NEGLIGENCE.

imputed notice See NOTICE.

in hypothesi (in hi-pahth-a-si). [Latin]. In a supposed case; in a hypothetical case. Cf. IN THESI.

in individuo (in in-di-vid-yoo-oh), adv. [Law Latin] In the distinct, identical, or individual form. See IN SPECIE.

in majorem evidentiam (in ma-jor-am ev-a-den¬shee-am). [Law Latin]. For more certain proof; for more sure evidence.

in rem judgment See judgment in rem under JUDGMENT.

in absentia (in ab-sen-shee-a or ab-sen-sha). [Latin], In the absence of (someone); in (someone's) absence <tried in absentia>.

in acquirenda possessione (in ak-wa-ren-da pa-zes[h]-ee-oh-nee). [Latin]. In the course of acquiring possession.

in action (Of property) attainable or recoverable through litigation. See chose in action under CHOSE.

in adversum (in ad-var-sam). [Law Latin], Against an adverse party. "Where a decree is obtained against one who resists, it is termed 'a decree not by consent but in adversum,'" 1 John Bouvier, Bouvier's Law Dictionary 1518 (8th ed. 1914).

in aemulationem (in ee-mya-lay-shee-oh-nam). [Latin]. With a desire to injure; with an intent to annoy.

in aemulationem vicini (in ee-mya-lay-shee-oh-nam vi-si-ni). [Latin]. To the annoyance of a neighbor.

in aequali jure (in ee-kway-li joor-ee). [Law Latin], In equal right.

in aequali manu (in ee-kway-li man-yoo). [Law Latin], In equal hand. This phrase refers to property held indifferently between two parties, as when the parties to an instrument deposit it in the hands of a neutral third person. - Also termed in aequa manu.

in aequo (in ee-kwoh). [Law Latin]. In equity. Cf. EX AEQUO ET BONO.

in alieno solo (in ay-lee- or al-ee-ee-noh soh-loh). [fr. Law French en auter soile] In another's land.

in alio loco (in al-ee-oh loh-koh). [Latin], In another's place. See CEPIT IN ALiO LOCO.

in ambiguo (in am-big-yoo-oh). [Law Latin], In doubt.

in apicibus juris (in a-pis-a-bas joor-is). [Latin], Among the extremes (or most subtle doctrines) of the law.

in arbitrio alieno (in ahr-bi-tree-oh ay-Iee-ee-noh or al-ee-). [Law Latin] According to the judgment of another. This term refers to property bequeathed to a trustee for the benefit of others, to be used in the trustee's discretion.