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in arbitrium judicis (in ahr-bi-tree-am joo-di-sis). [Latin], At the decision or discretion of the judge.

in arcta et salva custodia (in ahrk-ta et sal-va ka-stoh-dee-a). [Latin] In dose and safe custody.

in arrears (in a-reerz), adj. & adv. 1. Behind in the discharging of a debt or other obligation <the tenants were in arrears with the rent>. 2. At the end of a term or period instead of the beginning <the interests, fees, and costs are payable in arrears>.

in articulo mortis (in ahr-tik-ya-Ioh mor-tis). [Law Latin] At the point of death. Cf. IN EXTREMIS.

in autre droit (in oh-tra droyt). [Law French]. See EN AUTRE DROIT.

in banco See EN BANC.

in bane See EN BANC.

in bank See EN BANC.

in being Existing in life dife in being plus 21 years>. In property law, this term includes children conceived but not yet born. Also termed in esse. See LIFE IN BEL'-IG. "The intentional killing of one not 'in being,' i.e. an unborn child, was until 1929 punishable neither as murder nor as infanticide. There can be no murder nor manslaughter of a child which dies before being born or even whilst being born, only of one that has been born and, moreover, been born alive," j.W. Cecil Turner, Kenny's Outlines of Criminal Law 104 (16th ed, 1952),

in blank (Of an indorsement) not restricted to a particular indorsee. See blank indorsement under INDORSEMENT.

in bonis defuncti (in boh-nis di-fangk-ti). [Latin]. Among the property of the deceased.

in bonis esse (in boh-nis es-ee or es-ay). [Latin "to be among the goods"] Roman law. 1. To be someone's property. 2. (Of property) held in possession without benefit of a solemn act (such as mancipatio) required to transfer ownership, until ownership might be acquired by the passage of time. See bonitary ownership under OWNERSHIP.

in bonis habere (in boh-nis ha-beer-ee). See bonitary ownership under OWNERSHIP.

in cahoots See CAHOOTS.

in camera (in kam-a-ra), adv. & adj. [Law Latin "in a chamber"], 1. In the judge's private chambers. 2. In the courtroom with all spectators excluded. 3. (Of a judicial action) taken when court is not in session. Also termed (in reference to the opinion of one judge) in chambers.

in camera inspection A trial judge's private consideration of evidence.

in camera proceeding (in kam-a-ra). A proceeding held in a judge s chambers or other private place.

in camera proceeding See PROCEEDING.

in camera sitting See SITTING.

in camera sitting A court session conducted by a judge in chambers or elsewhere outside the courtroom. See IN CAMERA.

in campo (in kam-poh). [Latin]. In the field; before the court.

in capita Individually. See PER CAPITA.

in capite (in kap-a-tee). [Law Latin "in chief"]. A type of tenure in which a person held land directly of the Crown. Also termed tenure in capite.

in casu consimili See CASU CONSIMILI.

in casu proviso (in kay-s[y]oo pra-vi-zoh). See CASU PROVISO.

in causa (in kaw-za). [Latin]. In the cause <the record in causa Abercromby v. Graham is dosed>.

in chambers See IN CAMERA.

in chief 1. Principal, as opposed to collateral or incidental. 2. Denoting the part of a trial in which the main body of evidence is presented. See CASE-INCHIEF.

in clientela (in kli-an-tee-la). [Latin]. In the relation between client and patron.

in commendam (in ka-men-dam). [Law Latin] Civil law. In trust. The phrase typically refers to property held in a limited partnership. See limited partnership under PARTNERSHIP.

in common Shared equally with others, undivided into separately owned parts. - Also termed in communi. See tenancy in common under TENANCY.

in communi (in ka-myoo-ni). [Law Latin] In common.

in communiforma (in ka-myoo-ni for-ma). [Law Latin]. In common form; in general form rather than special form. Also written in forma communi.

in computo (in kam-pyoo-toh). [Law Latin]. In computation.

in confinio majoris aetatis (in kan-fin-ee-oh ma-jor-is ee-tay-tis). [Latin]. Having nearly attained majority. A person that undertook an obligation in confinio majoris aetatis could be held liable despite the fact that the person pleaded minority status. See MAjORENNITATI PROXIMUS. Cf. IN CONFINIO MINORIS AETATIS.

in confinio minoris aetatis (in kan-fin-ee-oh mi-nor-is ee-tay-tis). [Latin]. Having nearly attained minority. Cf. IN CONFINIO MAJORIS AETATIS.

in consequentiam (in kon-sa-kwen-shee-am). [Latin]. As a consequence.

in consideratione inde (in kan-sid-a-ray-shee-oh-nee in-dee). [Law Latin], In consideration thereof.

in consideratione legis (in kan-sid-a-ray-shee-oh-nee lee-jis). [Law Latin], 1. In consideration or contemplation of law. 2. In abeyance.

in consideratione praemissorum (in kan-sid-a-ray-shee-oh-nee pree-mi-sor-am). [Law Latin]. In consideration of the premises.

in consimili casu (in kan-sim-a-li kay-s[y] oo). See CASU CONSIMILI.

in conspectu ejus (in kan-spek-t[y]oo ee-jas). [Law Latin] In his sight or view.

in contemplation of death See CONTEMPLATION OF DEATH.

in corpore (in kor-pa-ree). [Latin] In body or substance; in a material thing or object.

in corporihus sed non in quantitatibus (in kor-por-a-bas sed non in kwon-ti-tay-ta-bas). [Law Latin]. In separate and distinct subjects, but not in things estimated in quantities. The phrase appeared in reference to the best of a decedent's movable property to which an heir had a right. This property typically included animals and equipment but not wine or grain because wine and grain were estimated in quantities.

in cujus rei testimonium (in kyoo-jas ree-i tes-ta-moh-nee-am). [Law Latin]. In witness where of. These words were used to conclude deeds. The modern phrasing of the testimonium clause in deeds and other instruments beginning with in witness whereof - is a loan translation of the Latin.

in cursu diligentiae (in kar-s[y]oo dil-a-jen-shee-ee). [Law Latin]. In the course of doing diligence - i.e., executing a judgment.

in cursu rebellionis (in kar-s[y]oo ri-bel-ee-oh-nis). [Law Latin]. In the course of rebellion. "In cursu rebellion is... All persons were formerly regarded as in rebellion against the Crown who had been put to the horn for non-fulfilment of a Civil obligation; their whole moveable estate fell to the Crown as escheat; they might be put to death with impunity; and lost all their legal privileges, If the denunciation remained unrelaxed for year and day (which was the time known as the cursus rebellionis), the rebel was esteemed civiliter mortuus, and his heritage reverted to the superior .... Denunciation for civil obligation and its consequences were in effect abolished by the Act 20 Geo. II. c. 50." John Trayner, Trayner's Latin Maxims 257 (4th ed. 1894),

in custodia legis (in ka-stoh-dee-a lee-jis). [Latin]. In the custody of the law <the debtor's automobile was in custodia legis after being seized by the sheriff>. The phrase is traditionally used in reference to property taken into the court's charge during pending litigation over it. Also termed in legal custody.

in damno vitando (in dam-noh vi-tan-doh). [Latin]. In endeavoring to avoid damage (or injury).

in Dei nomine (in dee-i nahm-a-nee). [Latin]. In the name of God. The opening phrase of certain writs.

in delicto (in dam-Iik-toh). [Latin] In fault. See IN PARI DELICTO. Cf. EX DELICTO (1).

in detrimentum animi (in de-tra-men-tam an-a-mi). [Latin]. To the injury of the soul. The phrase appeared in reference to the ground upon which a person was prohibited from questioning a legal document that the person had sworn to never question.

in diem (in di-am ordee-am). [Latin] For each day; per day. Cf. PER DIEM.

in diem addictio See ADDICTIO IN DIEM.

in dote aestimata (in doh-tee es-ti-may-ta). [Latin] Roman & civil law. When the dowry was valued. When the dowry had been valued, the husband owed a sum of money representing the value and could dispose of the specific items of which the dowry was composed.

in dubio (in d[y]oo-bee-oh), adv. & adj. [Latin] In doubt.

in duplo (in d[y]oo-ploh), adv. & adj. [Law Latin]. In double. This term appeared in phrases such as damna in duplo ("double damages"). - Also termed (in Roman law) in duplum.

in duriorem sortem (in d[y]uur-ee-or-am sor-tam). [Latin] Civil law. To the debt that it was the debtor's interest to have first discharged. The phrase appeared in reference to a debt that bound the debtor most quickly or to which a penalty was imposed.

in eadem causa (in ee-ay-dam kaw-za), adv. [Latin]. In the same cause; in the same state or condition.

in emulationem vicini (in em-ya-lay-shee-oh-nam vi-si-ni), adj. [Latin "in envy or hatred of a neighbor"]. (Of a cause of action) brought for an act done solely to hurt or distress another, such as raising a high fence.

in eodem negotio (in ee-oh-dam ni-goh-shee-oh). [Latin]. Arising out of the same transaction.

in equity In a chancery court rather than a court of law; before a court exercising equitable jurisdiction.

in esse (in es-ee also es-ay). [Latin "in being"]. In actual existence; IN BEING <the court was concerned only with the rights of the children in esse>. Cf. IN POSSE.

in essentialibus (in e-sen-shee-al-a-bas). [Law Latin]. Scots law. In the essential parts. An error in an essential term of an instrument (such as a deed) was usu. fatal.

in est de jure (in est dee joor-ee). [Latin]. It is implied as of right or by law.

in evidence Having been admitted into evidence <the photograph was already in evidence when the defense first raised an objection to it>.

in excambio (in eks-kam-bee-oh), adv. [Law Latin]. In exchang. This phrase appeared in deeds of a exchange.

in executione rei judicatae (in ek-si-kyoo-shee-oh-nee ree-i joo-di-kay-tee). [Latin]. In execution of a judgment right already judicially determined.

in exitu (in eks-a-t[y]oo or eg-za-t[y]oo), adv. & adj. [Law Latin]. In issue. These words sometimes appeared in phrases such as de materia in exitu Cof the matter in issue").

in extenso (in ek-sten-soh). [Latin] In full; unabridged <set forth in extenso>.

in extremis (in ek-stree-mis). [Latin "in extremity"], 1. In extreme circumstances. 2. Near the point of death; on one's deathbed. Unlike in articulo mortis, the phrase in extremis does not always mean at the point of death. Cf. IN ARTICULO MORTIS.

in facie curiae (in fay-shee-ee kyoor-ee-ee), adv. & adj. [Law Latin "in the face of the court"]. In the presence of the court.

in facie ecclesiae (in fay-shee-ee e-klee-z[h]ee-ee), adv. & adj. [Law Latin "in the face of the church"]. In the presence of the church. A marriage solemnized in a parish church or public chapel was said to be in facie ecclesiae.

in faciendo (in fay-shee-en-doh), adv. & ad). [Law Latin "in doing"]. In the performance of an act; in feasance. lhe phrase appeared in reference to an obligation to perform an act. Cf. IN FACTO PRAESTANDO.

in fact Actual or real; resulting from the acts of parties rather than by operation of law. Cf. IN LAW.

in facto (in fak-toh), adv. [Latin]. In fact; in deed.

in facto praestando (in fak-toh pree-stan-doh). [Latin]. In the performance of some act. Cf. IN FACIENDO.

in facto proprio (in fak-toh proh-pree-oh). [Latin]. Concerning one's own act.

in favorem vitae (in fa-vor-am vi-tee), adv. [Law Latin] In favor of life.

in feodo simpliciter (in fee-a-doh or fyoo-doh sim-plisi-tar). [Law Latin] In fee simple. See FEE SIMPLE.

in fieri (in fi-a-fi), adj. [fr. Latin in "in" + jieri "to be done"] (Of a legal proceeding) that is pending or in the course of being completed.

in fine (in fi-nee or fin), adv. [Latin] 1. In short; in summary. 2. At the end (of a book, chapter, section, etc.).

in flagrante delicto (in fla-gran-tee da-lik-toh). [Latin "while the crime is ablaze"]. In the very act of committing a crime or other wrong; red-handed <the sheriff caught them in flagrante delicto>.

in force adj. In effect; operative; binding.

in forma communi (in for-ma ka-myoo-ni) See IN COMMUNI FORMA.

in forma pauperis (in for-ma paw-pa-ris), adv. [Latin "in the manner of a pauper"]. In the manner of an indigent who is permitted to disregard filing fees and court costs <when suing, a poor person is generally entitled to proceed in forma pauperis>. See 28 USC A § 1915; Fed. R. App. P. 24.o For instance, in many jurisdictions, an indigent divorce petitioner's filing fees and court costs are waived. Abbr. IFP.

in forma pauperis affidavit See poverty affidavit.

in forma pauperis affidavit- See poverty affidavit under AFFIDAVIT.

in forma specifica (in for-ma spi-sif-i-ka). [Latin]. In the specified form.

in foro conscientiae (in for-oh kon-shee-en-shee-ee), adv. [Latin "in the forum of conscience"]. Privately or morally rather than legally <this moral problem cannot be dealt with by this court, but only in foro conscientiae>.

in foro contentioso (in for-oh kan-ten-shee-oh-soh), adv. [Latin]. In the forum of contention or litigation; in a contested action. - Also termed in foro contradictorio. "A decree is said to be granted in foro contentioso where the action in which it is pronounced has been litigated, and parties fully head on the merits of the case. But it is not necessary that parties should be fully head to make the decree pronounced in the case a decree in foro." John Trayner, Trayner's Latin maxims 261 (4th ed. 1994).

in foro ecclesiastico (in for-oh e-klee-z[h]ee-as-ti-koh), adv. [Law Latin] In an ecclesiastical court.

in foro humano (in for-oh hyoo-may-noh), adv. In a human as opposed to a spiritual forum. "[T]his may be murder or manslaughter in the sight of God, yet in foro humano it cannot come under the judgment of felony ... :. 1 Hale p,c. 429.

in foro saeculari (in for-oh sek-ya-dair- i), adv, [Law Latin] In a secular court,

in fraudem creditorum (in fraw-dam kre-di-tor-am), adv. [Latin] In fraud of creditors.

in fraudem legis (in fraw-dam lee-jis), adv. [Latin] In fraud of the law. With an intent to evade the law.

in fructu (in frak-t[y]oo). [Latin]. Among the fruit. A bona fide possessor owned the fruits of the subject possessed but not the subject itself because the subject was not in fructu. For example, a person who possessed but did not own a goat was entitled to the goats milk, wool, and offspring, but not the goats meat.

in full Constituting the whole or complete amount <payment in full>.

in full life (Of a person) alive in fact and in law; neither naturally nor civilly dead.