Law Dictionary
	Search:

in futuro (in fya-tyoor-oh), adv. [Latin] In the future. Cf. IN PRAESENTI.

in generali passagio (in jen-a-ray-li pa-say-jee-oh), adv. [Law Latin]. In the general passage (to the holy land with a company of Crusaders). This type of pilgrimage excused an absence from court during the Crusades. Cf. SIMPLEX PASSAGIUM.

in genere (in jen-ar-ee). [Latin "in kind"] Belonging to the same class, but not identical.

in globo (in gloh-boh), adv. [Latin "in a mass"] As an undivided whole rather than separately <settlement paid in globo to the three defendants>.

in gremio juris (in gree-mee-oh joor-is), adv. & adj. [Law Latin] Civil & Scots law. In the bosom of the right. lhis phrase describes a clause formerly inserted in an instrument to bind holders to its terms.

in gremio legis (in gree-mee-oh lee-jis), adv. & adj. [Law Latin] In the bosom of the law. This is a figurative expression for something that is under the protection of the law, such as a land title that is in abeyance.

in gross 1. Undivided; still in one large mass. Also termed en gros; en grosse. 2. (Of a servitude) personal as distinguished from appurtenant to land. See easement in gross under EASEMENT.

in hac parte (in hak pahr-tee). [Latin] On this part or side.

in haec verba (in heek var-ba). [Latin] In these same words; verbatim.

in haereditate jacente (in ha-red-i-tay-tee ja-sen-tee). [Latin]. In the estate of a person deceased.

in hoc (in hok), adv. [Latin] In this; in respect to this.

in hoc statu (in hok stay-t[y]oo). [Latin]. In this position.

in iisdem terminis (in ee-is-dem tar-ma-nis), adv. [Law Latin]. In the same terms.

in infinitum (in in-fa-ni-tam). [Latin "in infinity"] To infinity. This phrase was in reference to a line of succession that is indefinite.

in initialibus (in i-nish-ee-al-a-bas). [Law Latin] Hist. In the preliminary stage. The phrase appeared in reference to the point in the examination when the initialia testimonii took place to determine the witnesss competence to testify. See INITIALIA TESTIMONII.

in initio (in i-nish-ee-oh). [Latin "in the beginning"] At the beginning or outset. Cf. AB INITIO.

in initio litis (in i-nish-ee-oh li-tis). [Latin]. In the beginning of the suit. Many defenses had to be raised at this stage of a case.

in integrum (in in-teg-ram). [Latin]. Entire; wholly undamaged.

in invitum (in in-vi-tam). [Latin] Against an unwilling person <the nonparty appealed after being compelled to participate in the proceedings in invitum>. Cf. AB INVITO.

in ipso termino (in ip-soh tar-mi-noh). [Latin]. At the very end; on the last day, as of a prescriptive period.

in itinere (in i-tin-ar-ee), adv. [Latin]. On a journey; on the way. This term referred to the justices in eyre (justices in itinere) and to goods en route to a buyer. See EYRE; IN TRANSITU.

in judicio (in joo-dish-ee-oh), adv. & adj. [Latin] Before the judge. The phrase is still sometimes used. Originally, in Roman law, in judicia referred to the second stage of a Roman formulary trial, held before a private judge known as a judex. - Also termed apud judicem. See FORMULA (1). Cf. IN JURE (2).

in judicio possessorio (in joo-dish-ee-oh pah-ses-sor-ee¬oh). [Law Latin]. In a possessory action.

in jure (in joor-ee). [Latin "in law"]. 1. According to the law. 2. Roman law. Before the praetor or other magistrate. In jure referred to the first stage of a Roman formulary trial, held before the praetor or other judicial magistrate for the purpose of establishing the legal issues and their competence. Evidence was taken in the second stage, which was held before a judex. See FORMULA (1). Cf. IN JUDICIO.

in jure alterius (in joor-ee al-teer-ee-as), adv. [Latin] In anothers right.

in jure cessio (in joor-ee sesh-ee-oh). [Latin "a surrender in law"] Roman law. A fictitious trial held to transfer ownership of property; a collusive claim to formally convey property, esp. incorporeal property, by a courts assignment of ownership. At trial, the transferee appeared before a praetor and asserted ownership of the property. The actual owner also appeared, but did not contest the assertion, and so allowed the transfer of the property to the plaintiff. In jure cessio was most often used to convey incorporeal property. Also spelled in iure cessio.

in jure proprio (in joor-ee proh-pree-oh), adv. [Latin] In ones own right.

in jus vocare (in jas voh-kair-ee), vb. [Latin] Roman law. To summon a defendant to court.

in kind adv. 1. In goods or services rather than money <payment in cash or in kind>. 2. In a similar way; with an equivalent of what has been offered or received <returned the favor in kind>. - in-kind, adj. <in-kind repayment>.

in law Existing in law or by force of law; in the contemplation of the law. Cf. IN FACT.

in lecto aegritudinis (in lek-toh ee-gri-t[y]oo-di-nis). [Law Latin] Scots law. On a bed of sickness. The phrase appeared in reference either to the deathbed or to periods of illness that excused a person from fulfilling an obligation. See LIEGE POUSTI.

in lecto mortali (in lek-toh mor-tay-li), adv. & adj. [Latin] On the deathbed.

in legal custody See IN CUSTODIA LEGIS.

in liberam baroniam (in Iib-ar-am ba-roh-nee-am). [Law Latin]. Into a free barony. "In former times, many persons holding certain feudal rights from the Crown were called barons, but in the strict legal sense, the title was only due to him whose lands had been erected or confirmed by the king in liberam baroniam. The advantages conferred by the right of barony were considerable. Such a right conferred on the baron both civil and criminal jurisdiction within his barony; and under the clause of union contained in his charter, he was enabled to take infeftment in the whole lands and rights of the barony in, what was at that time, an easy and inex, pensive mode." John Trayner, Trayners Latin Maxims 264 (4th ed. 1894).

in liberam elemosinam (in lib-ar-am el-a-ma-si-nam). [Latin "in free alms"]. Land given away for a charitable purpose; land given away to be held in frankalmoin. Also spelled in liberam eleemosinam. Also termed in libera elemosina. See FRANKALMOIN.

in liberam regalitatem (in lib-ar-am ri-gal-a-tay-tam). [Law Latin]. Into a free regality. The phrase appeared in reference to feudal land grants that were made by the Crown and that gave the grantees jurisdiction over criminal and civil matters in their territory equivalent to that of the Crown.

in libero sochagio (in lib-ar-oh sa-kay-jee-oh), adv. [Law Latin] In free socage. See SOCAGE.

in lieu of Instead of or in place of; in exchange or return for <the creditor took a note in lieu of cash> <the defendant was released in lieu of $5,000 bond>.

in lieu tax A tax imposed as a substitute for another.

in lieu tax See TAX.

in limine (in lim-a-nee), adv. [Latin "at the outset"]. Preliminarily; presented to only the judge, before or during trial <a question to be decided in limine>. See MOTION IN LIMINE.

in linea recta (in lin-ee-a rek-ta), [Latin]. In the direct line (of succession).

in litem (in li-tem or -tam), adv. [Latin] For a suit; to the suit. See AD LITEM.

in loco (in loh-koh). [Latin] In the place of.

in loco parentis Supervision of a young adult by an administrative body such as a university.

in loco parentis (in loh-koh pa-ren-tis), adv. & adj. [Latin "in the place of a parent"]. Of, relating to, or acting as a temporary guardian or caretaker of a child, taking on all or some of the responsibilities of a parent. The Supreme Court has recognized that during the school day, a teacher or administrator may act in loco parentis. See Vernonia Sch. Dist. v. Acton, 515 U.S. 646, 115 S.Ct. 2386 (1995). See PERSON IN LOCO PARENTIS.

in lucro captando (in loo-kroh kap-tan-doh). [Latin]. In endeavoring to gain an advantage.

in majorem cautelam (in ma-jor-am kaw-tee-lam), adv. [Latin]. For a greater security.

in mala fide (in mal-a fi-dee). [Latin]. In bad faith. "A possessor in mala fide is one who holds possession of a subject, in the know/edge that it is not his own, on a title which he knows, or has reasonable ground for believing to be a bad one." John Trayner, Trayners Latin Maxims 266 (4th ed. 1894).

in mancipio (in man-sip-ee-oh), adj. [Latin] Roman law. In a state ofcivil bondage. This status applied to a son whose father was sued in a noxal action and settled the claim by handing over his son. See NOXAL ACTION (I). in manu mortua. See IN MORTUA MANU. in-marriage. See MARRIAGE (1).

in medias res (in mee-dee-as reez or in me-dee-ahs rays), adv. [Latin1Into the middle of things; without preface or introduction.

in medio (in mee-dee-oh). [Law Latin] Scots law. In the middle; intermediate. The phrase appeared in reference to a fund in controversy.

in meditatione fugae (in med-i-tay-shee-oh-nee f[y] oo-jee). [Law Latin] Scots law. Meditating flight; contemplating leaving the country. Formerly, a debtor could be detained under a fugae warrant if the debtor had sufficient debt to warrant imprisonment, and if the debtor was attempting to leave the country. This type of warrant became obsolete when imprisonment for debt was abolished.

in mercy adv. At a judges discretion concerning punishment. A judgment formerly noted (using the Law Latin phrase in misericordia) which litigant lost by stating that the unsuccessful party was in the courts mercy. A plaintiffheld in mercy for a false claim, for example, was said to be in misericordia pro falso clamore suo.

in misericordia (in miz-a-ri-kor-dee-a). [Law Latin] See IN MERCY.

in mitiori sensu (in mish-ee-or-i sens-[y]oo), adv. [Law Latin] In a milder or more favorable sense. This phrase appeared as part of the former rule applied in slander actions. A word capable of two meanings would be given the one more favorable to the defendant. Cf. INNOCENT-CONSTRUCTION RULE. Within half a century of its first appearance, the action for words had become part of the everyday bUSiness of the common-law courts, in particular the Kings Bench. In the early days there were often more slander cases in the rolls than assumpsit . ... Thejudges apparently came to regret this aspect of their increased jurisdiction, especially since juries frequently awarded sums of money quite dispropor-tionate to the harm and to the ability of the wrongdoer to pay .... [T]he principal effect of the judicial reaction was that a spirit of repression began to manifest itself .... The ... most effective attack was launched in the 15705, when the courts began the policy of construing ambiguous or doubtful words in the milder sense (in mitiori sensu) so that they would not be actionable." J.H. Baker, An Introduction to English Legal History 500-01 (3d ed. 1990).

in modum adminiculi (in moh-dam ad-mi-nik-ya-li). [Law Latin]. As corroborating evidence.

in modum assisae (in moh-dam a-si-zee), adv. [Law Latin] In the manner or form of an assize. See ASSIZE.

in modum juratae (in moh-dam juu-ray-tee), adv. [Law Latin] In the manner or form of a jury.

in modum poenae (in moh-dam pee-nee). [Latin]. By way of penalty. The phrase appeared in reference to the basis for charging interest.

in modum probationis (in moh-dam proh-bay-shee-oh-nis). [Latin]. In the form of proof. The phrase appeared in reference to documents that a party provided to support a claim.

in modum simplicis querelae (in moh-dam sim-pla-sis kwa-ree-lee). [Law Latin]. By way of summary complaint.

in mora (in mor-a), adv. & adj. (Latin] Roman law. In delay; in default. This was said of a debtor who delayed performance or failed to perform.

in mortua manu (in mor-choo-a man-yoo), adj. & adv. [Law Latin "in a dead hand"]. (Of property) perpetually controlled according to a decedents directions. Land held by a religious society was described this way because the church could hold property perpetually without rendering feudal service. Also termed in manu mortua. See DEADHAND CONTROL; MORTMAIN.

in mundo (in man-doh or muun-doh). [Law Latin "in the world"]. In a clean, fair copy. "Papers written in mundo: are what are usually termed extended, or dean copies." John Trayner, Trayners Latin Maxims 268 (4th ed. 1894).

in nomine Dei, Amen (in nahm-a-nee dee-i, ay-men). [Latin]. In the name of God, Amen. This phrase formerly appeared at the beginning of a will or other instrument.

in nubibus (in n[y]oo-bi-bas), adv. & adj. [Law Latin] In the clouds. An expression for something that is under the protection of the law.

in nudis finibus contractus (in n[y]oo-dis fin-a-bas kan-trak-tas). [Law Latin]. In the bare terms of a contract.

in nudis terminis (in n[y]oo-dis tar-ma-nis). [Law Latin "with bare limits"]. In its bare terms. The phrase appeared in reference to the simple terms of an instrument. See NUDUM PACTUM.

in nullius bonis (in na-li-as boh-nis). See NULLIUS IN BONIS.

in nullo est erratum (in nal-oh est i-ray-tam), adj. [Law Latin "in nothing is there error"]. Of or relating to a demurrer that denies any error and at once refers a question of law to the court.

in obligatione (in ob-li-gay-shee-oh-nee). [Latin]. Under an obligation.

in odium (in oh-dee-am). [Latin]. In detestation. For example, a gift made to a woman who was later divorced for committing adultery was revoked in odium of her guilt.

in odium corrumpentis (in oh-dee-am kor-am-pen-tis). [Latin]. In detestation of the person corrupting.

in omnibus (in ahm-ni-bas). [Latin] In all things; on all points <a case parallel in omnibus>.

in order 1. Ready for business <the meeting is in order>. 2. Available and appropriate for consideration under the applicable rules <the motion is in order>. Cf. OUT OF ORDER (1).

in pacato solo (in pa-kay-toh soh-loh), adv. [Latin] In a country that is at peace.

in pace Dei et regis (in pay-see dee-i et ree-jis), adv. [Law Latin]. In the peace of God and the king. This phrase was used in an appeal from a murder conviction.

in pais (in pay or pays). [Law French "in the country") Outside court or legal proceedings. See equitable estoppel (1) under ESTOPPEL.

in paper Of a proceeding that is within the jurisdiction of the trial court; that is, before the record is prepared for an appeal. "Formerly, the suitors were much perplexed by writs of error brought upon very slight and trivial grounds, as misspellings and other mistakes of the derks, all which might be amended at the common law, while all the proceedings were in paper, for they were then considered in fieri, and therefore subject to the control of the courts." 3 William Blackstone, Commentaries on the Laws of England 407 (1768).

in pari causa (in par-i kaw-za), adv. [Latin "in an equal case"] In a case affecting two parties equally or in which they have equal rights <in pari causa, the possessor ordinarily defeats the nonpossessory claimant>.

in pari delicto (in par-i da-lik-toh), adv. [Latin "in equal fault"] Equally at fault <the court denied relief because both parties stood in pari delicto>.

in pari delicto doctrine [Latin]. The principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrong-doing.

in pari materia (in par-i ma-teer-ee-a). [Latin "in the same matter"]. 1. adj. On the same subject; relating to the same matter .• It is a canon of construction that statutes that are in pari materia may be construed together, so that inconsistencies in one statute may be resolved by looking at another statute on the same subject. "[I]t seems that the present position is that, when an earlier statute is in pari materia with a later one, it is simply part of its context to be considered by the judge in deciding whether the meaning of a provision in the later statute is plain." Rupert Cross, Statutory Interpretation 128 (1976). 2. adv. Loosely, in conjunction with <the Maryland constitutional provision is construed in pari materia with the Fourth Amendment>.

in patiendo (in pash-ee-en-doh), adv. & adj. [fr. Latin patior "suffer"] In suffering or permitting.

in patria potestate (in pay-tree-a [or pa-tree-a] poh-tes-tay-tee). [Latin) Roman law. (Of a person) in the power of the father or a senior male ascendant; subject to patria potestas. Uncles and brothers never had power over nephews or younger brothers. See patria potestas under POTESTAS; SUB POTESTATE. Cf. SUI JURIS.

in patrimonio principis (in pa-tra-moh-nee-oh prin-si-pis). [Latin] See INTER REGALIA.

in pectore judicis (in pek-ta-ree joo-di-sis), adv. & adj. [Latin) In the breast of the court. See BREAST OF THE COURT.

in pejorem partem (in pa-jor-am pahr-tam), adv. [Law Latin] In the worst part; on the worst side.

in pendente (in pen-den-tee). [Latin]. In suspension; in abeyance.

in periculo constitutus (in pa-rik-ya-loh kon-sti-t[y] oo-tas). [Latin]. Standing in danger.

in perpetuam commendam (in par-pech-oo-am ka-men-dam). [Law Latin]. In perpetual trust. Something given in perpetuam commendam was equivalent to a gift.

in perpetuam rei memoriam (in par-pech-oo-am [or par-pe-tyoo-am) ree-i ma-mor-ee-am), adv. [Latin]. In perpetual memory ofa matter. This phrase refers to a deposition taken to preserve the deponents testimony.

in perpetuity (in par-pa-t[y]oo-a-tee). Forever. See PERPETUITY.

in perpetuum (in par-pech-oo-am or par-pe-tyoo-am), adv. [Latin] Forever; perpetually. Sometimes spelled imperpetuum.

in perpetuum rei testimonium (in par-pech-oo-am [or par-pe-tyoo-am] ree-i tes-ti-moh-nee-am), adv. [Law Latin] In perpetual testimony ofa matter. This phrase refers to a statute that confirms existing common law. "Statutes also are either declaratory of the common law, or remedial of some defects therein. Declaratory, where the old custom of the kingdom is almost fallen into disuse, or become disputable; in which case the parliament has thought proper, in perpetuum rei testimonium, and for avoiding all doubts and difficulties, to declare what the common law is and ever hath been." I William Blackstone, Commentaries on the Laws of England 86 (1765).

in personam (in par-soh-nam). [Latin "against a person"]. 1. Involving or determining the personal rights and obligations of the parties. 2, (Of a legal action) brought against a person rather than property. Also termed personal. See action in personam under ACTION (4). Cf. IN REM. in personam, adv. "An action is said to be in personam when its object is to determine the rights and interests of the parties themselves in the subject-matter of the action, however the action may arise, and the effect of a judgment in such an action is merely to bind the parties to it. A normal action brought by one person against another for breach of contract is a common example of an action in personam." R.H. Graveson, Conflict of Laws 98 (7th ed. 1974).

in personam jndgment See personal judgment under JUDGMENT.

in personam judgment See personal judgment.

in personam jurisdiction See personal jurisdiction under JURISDICTION.