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inadequate damages Damages insufficient to fully and fairly compensate the parties; damages bearing no reasonable relation to the plaintiff's injuries, indicating prejudice, mistake, or other fact to support setting aside a jury's verdict.

inadequate damages- See DAMAGES.

inadequate remedy at law A remedy (such as money damages) that does not suffidently correct the wrong, as a result of which an injunction may be available to the disadvantaged party. See IRREPARABLEINJURY RULE.

inadmissible 1. (Of a thing) not allowable or worthy of being admitted. 2. (Of evidence) excludable by some rule of evidence. 3. (Of an alien) ineligible for admission into a country or (if the alien has already entered illegally) subject to removal.

inadmissible alien A deportable or excludable alien. See 8 USCA § 1182(a).

inadmissible alien- See ALIEN.

inadvertence An accidental oversight: a result of carelessness.

inadvertent discovery Criminal procedure. A law-enforcement officer's unexpected finding of incriminating evidence in plain view. Even though this type of evidence is obtained without a warrant, it can be used against the accused under the plain-View exception to the warrant requirement.

inadvertent negligence See NEGLIGENCE.

inaedificatio (in-ee-di-fi-kay-shee-oh), [Latin] Roman law. The act of building on another's land with one's own materials, or on one's own land with another's materials. This was a form of accessio. Regardless of the source of the materials, the building became the landowner's property. See ACCESSIO.

inalienable adj. Not transferable or assignable <inalienable property interests>. - Also termed unalienable.

inalienable interest See INTEREST (2).

inalienable interest An interest that cannot be sold or traded.

inalienable right A right that cannot be transferred or surrendered; esp., a natural right such as the right to own property. - Also termed inherent right.

inalienable right See RIGHT.

inarbitrable 1. (Of a dispute) not capable of being arbitrated; not subject to arbitration. 2. Not subject to being decided.

inaudita altera parte (in-aw-di-ta or in-aw-di-ta al-ta-ra pahr-tee). [Latin "without hearing the other party"] Ex parte. The term is sometimes used in decisions of the European Court of Justice. See EX PARTE.

inauguration (i-naw-gya-ray-shan), 1. A formal ceremony inducting someone into office. 2. A formal ceremony introducing something into public use. 3. The formal commencement of a period of time or course of action. inaugurate (i-naw-gya-rayt), vb. inauguratory (i-naw-gya-ra-tor-ee), adj. inaugurator (i-naw-gya-ray-tar), n.

inboard adj. Maritime law. (Of cargo) stowed between the boards (i.e., sides) of the vessel; esp., stowed inside or near the vessel's centerline.

Inc abbr. Incorporated.

incapacitated person A person who is impaired by an intoxicant, by mental illness or deficiency, or by physical illness or disability to the extent that personal decision-making is impossible.

incapacitation 1. The action of disabling or depriving of legal capacity. 2. The state of being disabled or lacking legal capacity. incapacitate, vb.

incapacity 1. Lack of physical or mental capabilities. 2. Lack ofability to have certain legal consequences attach to one's actions. For example, a five-year-old has an incapacity to make a binding contract. 3. DISABILITY (2).4. DISABILITY (3). Cf. INCOMPETENCY.

incapax doli- (in-kay-paks doh-li). See CAPAX DOLI.

incarceration The act or process of confining someone; IMPRISONMENT. Cf. DISIMPRISONMENT; DECARCERATION. incarcerate, vb. incarcerator, n.

incendiarius (in-sen-dee-air-ee-as), n. Roman law. A fire-starter; arsonist.

incendiary (in-sen-dee-er-ee), 1. One who deliberately and unlawfully sets fire to property. Also termed arsonist;firebug. 2. An instrument (such as a bomb) or chemical agent deSigned to start a fire. incendiary, adj.

incendium (in-sen-dee-am), n. [Latin] 1. Roman law. Fire. 2. Arson.

incentive pay plan A compensation plan in which increased productivity is rewarded with higher pay.

incentive stock option See STOCK OPTION (2).

incentive theory Intellectual property. The proposition that society grants creators exclusive rights to their intellectual property in order to stimulate further creativity. The Patent and Copyright Clause of the U.S. Constitution declares that the purpose of exclusiveright protection is "to Promote the Progress of Science and useful Arts." U.S. Const. art. 1, § 8, cl. 8.

incentive zoning See ZONING.

incentive-to-commercialize theory The economic theory justifying the grant of patent rights based on how efficient the patent system is at bringing together diverse resources such as commercial backing, manufacturing capacity, marketing know how, and other skills that the inventor alone would be unable to handle. Also termed incentive-to-invest theory; incentive-to-innovate theory; prospect theory. Cf. INCENTlVE-TO-DESIGN-AROUND THEORY; INCENTIVE-TO-DISCLOSE THEORY; INCENTIVE-TO-INVENT THEORY.

incentive-to-design-around theory The economic theory justifying the grant of patent rights based on their tendency to encourage others to design substitutes and improvements that are better or cheaper. Cf. INCENTlVE-TO-COMMERCIALIZE THEORY; INCENTIVE-TO-DISCLOSE THEORY; INCENTIVE-TOINVENT THEORY.

incentive-to-disclose theory The economic theory justifying the grant of patent rights based on the social benefit of haVing the information enter the public domain. Without the incentive, the argument goes, the technical advancements would remain trade secrets and the duplication of research efforts would be a waste to society. Cf. INCENTIVE-TO- COMMERCIALIZE THEORY; INCENTIVE-TO-DESIGN-AROUND THEORY; INCENTIVE-TO-INVENT THEORY.

incentive-to-innovate theory See INCENTIVE-TO-COMMERCIALlZE THEORY.

incentive-to-invent theory The economic theory justifying the grant of patent rights based on their tendency to encourage new inventions that henefit society and that may not otherwise be developed. Cf. INCENTIVE-TO-COMMERCIALlZE THEORY; INCENTIVETO-DESIGN-AROUND THEORY; INCENTIVE-TO-DISCLOSE THEORY.

incentive-to-invest theory See INCENTIVE-TO-COMMERCIALIZE THEORY.

incerta persona (in-sar-ta par-soh-na]. [Latin "uncertain person"] Roman law. A person (or corporate body) that could not inherit property, such as a person whose existence was uncertain or whom the testator could not identify by name (such as the first person to appear at the testator's funeral). PI. incertae personae. "Another change under Justinian was of much greater importance. Gifts of all kinds could now be made to incertae personae . ..." W.W. Buckland, A Text·Book of Roman Law from Augustus to Justinian 363 (Peter Stein ed., 3d ed. 1963).

incerto patre (in-sar-toh pay-tree). [Latin]. From an uncertain father. The phrase appeared in reference to illegitimate children.

incest 1. Sexual relations between family members or close relatives, including children related by adoption. Incest was not a crime under English common law but was punished as an ecclesiastical offense. Modern statutes make it a felony. "Although incest under both English and American law is a distinct crime, its commission may involve any of eight different offenses: illegal marriage, consensual cohabitation by unmarried persons, fornication (consensual intercourse), forcible rape, statutory rape, child abuse, and juvenile delinquency (sexual relations between minor siblings or cousins). The choice of crime charged is generally one of prosecutorial discretion. Unless one of the participants is a minor and the other an adult, both parties may be prosecuted for incest." Lois G. Forer, "Incest," in 3 Encyclopedia of Crime and Justice 880, 880 (Sanford H. Kadish ed., 1983). 2. Intermarriage between persons related in any degree of consanguinity or affinity within which marriage is prohibited - for example, through the unde-niece or aunt-nephew relationship. - incestuous, adj.

incestuosi (in-ses-choo-oh-si). [Law Latin]. Children begotten incestuously. Cf. ADULTERINI.

incestuous adultery Adultery between relatives; adultery committed by persons who are closely related.

incestuous adultery- See ADULTERY.

inchartare (in-kahr-tair-ee), vb. [Law Latin "to put in charter"]. To grant by written instrument.

Inchmaree clause (inch-md-ree). Maritime law. An insurance-policy provision that protects against risks not caused by nature, such as a sailor's negligence or a latent defect in machinery .o This term is taken from a British ship, the Inchmaree, whose sinking in 1884 gave rise to litigation that led to the clause bearing its name. See Thames & Mersey Marine Ins. Co. v. Hamilton, Fraser & Co., [1887] LR. 12 App. Cas. 484. - Also termed additional-perils clause. "The most celebrated deCision of recent times under the general clause was doubtless Thames & Mersey Marine Ins. Co. v. Hamilton, Fraser & Co., 12 App.Cas. 484 (1887). A pump, insured as part of the machinery of a vessel, clogged through valve failure and was damaged. The House of lords held this accident arose neither through a 'peril of the sea' nor through a cause ejusdem generis with the enumerated perils .... This was a disquieting deciSion, for it more than suggested that many costly accidents that might be suffered by the expensive machinery on steam vessels were not covered by the standard marine policy. The result was the inclusion of the celebrated 'Inchmaree clause in hull policies, extending special coverage not only to machinery breakage but to many other classes of loss not covered by the standard perils clause as restrictively construed." Grant Gilmore & Charles L. Black Jr., The Law of Admiralty § 4·8, at 74 n.90 (2d ed. 1975).

inchoate (in-koh-it), adj. Partially completed or imperfectly formed; just begun. Cf. CHOATE. - inchoateness, n. "The word 'inchoate,' not much used in ordinary discourse, means 'just begun,' 'undeveloped. The common law has given birth to three general offences which are usually termed 'inchoate' or 'preliminary' crimes attempt, conspiracy, and incitement. A principal feature of these crimes is that they are committed even though the substantive offence is not successfully consummated. An attempt fails, a conspiracy comes to nothing, words of incitement are ignored - in all these instances, there may be liability for the inchoate crime." Andrew Ashworth, Principles of Criminal Law 395 (1991).

inchoate crime See inchoate offense under OFFENSE (1).

inchoate crime- See inchoate offense under OFFENSE (1).

inchoate dower (in-kob-it). A wife's interest in her husband's estate while both are living. - Also termed dower inchoate.

inchoate dower- See DOWER.

inchoate instrument See INSTRUMENT (3).

inchoate instrument An unrecorded instrument that must, by law, be recorded to serve as effective notice to third parties. Until the instrument is recorded, it is effective only between the parties to the instrument.

inchoate interest A property interest that has not yet vested.

inchoate interest See INTEREST (2).

inchoate lien See LIEN.

inchoate offense See OFFENSE (1).

inchoate offense A step toward the commission of another crime, the step in itself being serious enough to merit punishment. The three inchoate offenses are attempt, conspiracy, and solicitation. The term is sometimes criticized (see quot. below). Also termed anticipatory offense inchoate crime; preliminary crime. "These preliminary crimes have sometimes been errone ously described as inchoate offences. This is misleading because the word inchoate connotes something which is I not yet completed, and it is therefore not accurately used to denote something which is itself complete, even though it be a link in a chain of events leading to some object which is not yet attained. The offence of incitement is fully performed even though the person incited immediately repudiates the suggested deed, a conspiracy is committed although the conspirators have not yet moved to execute their purposed crime, and the performance of a criminal attempt must always have been reached before the end is gained. In all these instances it is the ultimate crime which is inchoate and not the preliminary crime, the position indeed being just the same as in the example imagined above of a man who stole a revolver and committed other crimes in order to effect his purpose of murder. There the murder was inchoate, but the larceny and other crimes (including the attempt) were completed. J.w. Cecil Turner, I Kenny s Outlines of Criminal Law 77 (l6th ed. 1952).

inchoate right 1. A right that has not fully developed, matured, or vested. 2. Patents. An inventor's right that has not yet vested into a property right because the patent application is pending.

incident adj. Dependent upon, subordinate to, arising out of, or otherwise connected with (something else, usu. of greater importance) <the utility easement is incident to the ownership of the tract>.

incident- 1. A discrete occurrence or happening <an incident of copyright infringement> 2. A dependent, subordinate, or consequential part (of something else) <child support is a typical incident of divorce>.

incident of ownership (usu. pl.) (1821) Any right of control that may be exercised over a transferred lifeinsurance policy so that the policy's proceeds will be included in a decedent's gross estate for estate-tax purposes <because Douglas still retained the incidents of ownership after giving his life-insurance policy to his daughter, the policy proceeds were taxed against his estate>. The incidents of ownership include the rights to change the policy's beneficiaries and to borrow against, assign, and cancel the policy.

incident power See POWER (3).

incident power A power that, although not expressly granted, must exist because it is necessary to the accomplishment of an express purpose. - Also termed incidental power.

incident to employment Workers' compensation. A risk that is related to or connected with a worker's job duties.

incidental adj. Subordinate to something of greater importance; having a minor role <the FAA determined that the wind played only an incidental part in the plane crash>.

incidental admission An admission made in some other connection or involved in the admission of some other fact.

incidental admission- See ADMISSION (1).

incidental authority Authority needed to carry out actual or apparent authority .o For example, the actual authority to borrow money includes the incidental authority to sign commercial paper to bring about the loan. Also termed inferred authority.

incidental authority- See AUTHORITY (1).

incidental beneficiary 1. A third-party benefi-ciary who is not intended to benefit from a contract and thus does not acquire rights under the contract. Cf. intended beneficiary. 2. A person to whom a settlor of a trust does not manifest an intention to give a beneficial interest but who may benefit from the trust's performance.

incidental beneficiary- See BENEFICIARY.

incidental damages See DAMAGES.

incidental damages- 1. Losses reasonably associated with or related to actual damages. 2. A seller's commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer's breach. VCC § 2-7l0. 3. A buyer's expenses reasonably incurred in caring for goods after a seller's breach. VCC § 2-715(1). "What are incidental damages? The Code does not define incidental damages; rather 2-715(1) lists many expenses that are included as incidental damages. However, Comment 1 to 2-715 stresses that those listed 'are not intended to be exhaustive' but are merely illustrative of the typical kinds of incidental expenses that can be recovered under 2-715: (1) those associated with rightful rejection (for instance, inspection and storage); (2) those associated with a proper revocation of acceptance; and (3) those involved in effecting cover." 1 James J. White & Robert S. Summers, Uniform Commercial Code § 10-3, at 561-62 (4th ed. 1995).

incidental demand A plea by which a party other than the plaintiff asserts a claim that is related to the plaintiff's suit. Examples include a crossclaim, a demand against a third party, an intervention, and a reconventional demand. La. Code Civ. Proc. art. 1031.

incidental demand- See DEMAND (1).

incidental main motion See MOTION (2).

incidental motion See MOTION (2).

incidental power See incident power under POWER (3).

incidental use See USE (1).

incidenter (in-si-den-tar). [Latin]. Incidentally.

incidere (in-sid-a-ree), vb. [Latin "fall into or on"] Roman law. To come within the scope of a law or to fall into a legal category; esp. to become involved in a situation that entangles a person in a legal action. This term had a similar meaning under English law. For example, a person might become liable to (or "fall into") amercement (incidere in misericordiam). See AMERCEMENT.

incipitur (in-sip-i-tar). [Law Latin]. It is begun. This refers to the practice of entering the commencement of a pleading on the court roll.

incite To provoke or stir up (someone to commit a criminal act, or the criminal act itself). Cf. ABET.

incitee A person who has been incited, esp. to commit a crime.

inciteful adj. Tending to incite <inciteful speech>.

incitement 1. The act or an instance of provoking, urging on, or stirring up. 2. Criminal law. The act of persuading another person to commit a crime; SOLICITATION (2). inciteful, adj. "An inciter is one who counsels, commands or advises the commission of a crime. It will be observed that this definition is much the same as that of an accessory before the fact. What, then, is the difference between the two? It is that in incitement the crime has not (or has not necessarily) been committed, whereas a party cannot be an accessory in crime unless the crime has been committed. An accessory before the fact is party to consummated mischief; an inciter is guilty only of an inchoate crime." Glanville Williams, Criminal Law612 (2d ed. 1961). "Emphasis upon the theory of one offense with guilt attaching to several is quite appropriate because it is still part of the groundwork of our legal philosophy, so far as perpetrators, abettors and inciters are concerned, despite the fact that some of the statutes require lipservice to the notion of a separate substantive offense, in the effort to avoid certain procedural difficulties. It explains how one may be guilty of a crime he could not perpetrate, by having caused or procured it as a result of his abetment or incitement." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 732-33 (3d ed. 1982).

inciter A person who incites another to commit a crime; an aider or abettor.

inciting revolt See MUTINY.

incivile (in-siv-a-lee), adj. [Law Latin], Irregular; out of the due course oflaw.

incivism (in-si-viz-am). Unfriendliness toward one's own country or its government; lack of good citizenship.

inclausa (in-klaw-za). [Law Latin]. An enclosure near a house; a home close. See CLOSE (1).

inclose See ENCLOSE.

inclosure See ENCLOSURE.

include To contain as a part of something. The participle including typically indicates a partial list <the plaintiff asserted five tort claims, including slander and libel>. But some drafters use phrases such as including without limitation and including but not limited to which mean the same thing. See NAMELY.

included offense See lesser included offense under OFFENSE (1).

included offense See lesser included offense.

inclusionary-approach rule The principle that evidence ofa prior crime, wrong, or act is admissible for any purpose other than to show a defendant's criminal propensity as long as it is relevant to some disputed issue and its probative value outweighs its prejudicial effect.

inclusive deed See inclusive grant under GRANT.

inclusive deed- See inclusive grant under GRANT.