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incriminating circumstance A fact or situation showing either that a crime was committed or that a particular person committed it.

incriminating circumstance- See CIRCUMSTANCE.

incriminating evidence Evidence tending to establish guilt or from which a fact-trier can infer guilt.

incriminating evidence- See EVIDENCE.

incriminating statement See STATEMENT.

incriminating statement A statement that tends to establish the guilt of someone, esp. the person making it.

incrimination 1. The act of charging someone with a crime. 2. The act of involving someone in a crime. Also termed crimination. See SELF-INCRIMINATION.

incroach Archaic. See ENCROACH.

incroachment See ENCROACHMENT.

inculpatae tutelae moderatio See MIDERAMEN INCULPATAE TCTELAE.

inculpate (in-kal-payt or in-kal-payt), 1. To accuse. 2. To implicate (oneself or another) in a crime or other wrongdoing; INCRIMINATE. - inculpation, n. - inculpatory (in-kal-pa-tor-ee), adj.

inculpatory evidence (in-kal-pa-tor-ee). Evidence showing or tending to show one's involvement in a crime or wrong.

inculpatory evidence- See EVIDENCE.

incumbent (in-kam-bant), One who holds an official post, esp. a political one. incumbency, n. incumbent, adj.

incumbrance See ENCUMBRANCE.

incur To suffer or bring on oneself (a liability or expense). incurrence, n. incurrable, adj.

incurramentum (in-ka-ra-men-tam). [fr. Latin in "upon" + currere "to run"]. The incurring of a fine or penalty.

incurred risk See ASSUMPTION OF THE RISK (2).

inde (in-dee), adv. [Latin]. Thence; there of. This word appeared in several Latin phrases, such as quod eat inde sine die ("that he go thence without day").

indebitatus (in-deb-i-tay-tas), p.pl. [Law Latin] Indebted. See NUNQUAM INDEBITATUS.

indebitatus assumpsit (in-deb-i-tay-tas a-sam[p]-sit). [Latin "being indebted, he undertook"]. A form of action in which the plaintiff alleges that the defendant contracted a debt and, as consideration, had undertaken (Le., promised) to pay. The action was eqUivalent to the common-law action for debt (an action based on a sealed instrument), but could be used to enforce an oral debt. In England, indebitatus assumpsit was abolished in 1873 by the Judicature Act. But it is still used in several American states, such as California. See CONCESSIT SOLVERE. 2. See general assumpsit. "[I]f I verbally agree to pay a man a certain price for a certain parcel of goods, and fail in the performance, an action of debt lies against me; for this is a determinate contract: but if I agree for no settled price, I am not liable to an action of debt, but a special action on the case, according to the nature of my contract. And indeed actions of debt are now seldom brought but upon special contracts under seal .... [Tlhe plaintiff must recover the whole debt he claims, or nothing at all. For the debt is one single cause of action, fixed and determined; and which therefore, if the proof varies from the claim, cannot be looked upon as the same ... action of debt .... But in an action on the case, on what is called an indebitatus assumpsit, which is not brought to compel a specific performance of the contract, but to recover damages for its non-performance, the implied assumpsit, and consequently the damages for the breach of it, are in their nature indeterminate; and will therefore adapt and proportion themselves to the truth of the case which shall be proved, without being confined to the precise demand stated in the declaration." 3 William Blackstone, Commental'ies on the Laws of England 154 (1768).

indebitatus assumpsit- (in-deb-i-tay-tas a-sam[p]-sit). See ASSUMPSIT.

indebiti solutio (in-deb-i-ti sa-I[y]oo-shee-oh). [Latin] Roman & Scots law. Payment of what is not owed. Money paid under the mistaken belief that it was owed could be recovered by condictio indebiti. See condictio indebiti under CONDICTIO. "Indebiti Solutio When a person has paid in error what he was not bound to pay the law lays upon the person who has received payment a duty of restitution.....Payment (solutio) includes any performance whereby one person has been enriched at the expense of another. Usually it will be the handing over of money or of some other thing, but it may also consist in undertaking a new liability or in discharging an existing liability." R.w. Lee, The Elements of Roman Law 373-74 (4th ed. 1956),

indebitum (in-deb-i-tam), n. & adj. Roman law. A debt that in fact is not owed. - Money paid for a nonexistent debt could be recovered by the action condictio indebiti. Cf. DEBITUM. "A conditional debt if paid could be recovered as an indebitum, so long as the condition was outstanding." W,W. Buckland, A Manual of Roman Private Law 255 (2d ed. 1939).

indebtedness (in-det-id-nis). 1. The condition or state of owing money. 2. Something owed; a debt.

indecency The state or condition of being outrageously offensive, esp. in a vulgar or sexual way. Unlike obscene material, indecent speech is protected under the First Amendment. Cf. OBSCENITY. indecent, adj. "Obscenity is that which is offenSive to chastity. Indecency is often used with the same meaning, but may also include anything which is outrageously disgusting, These were not the names of common-law crimes, but were words used in describing or identifying certain deeds which were," Rollin M. Perkins & Ronald N. Boyce, Criminal Law 471 (3d ed. 1982),

indecent assault by exposure See INDECENT EXPOSURE.

indecent advertising 1. Signs, broadcasts, or other forms of communication that use grossly objectionable words, symbols, pictures, or the like to sell or promote goods, services, events, etc. 2. Archaic, In some jurisdictions, the statutory offense of advertising the sale of abortifacients and (formerly) contraceptives.

indecent assault See sexual assault (2).

indecent assault- See sexual assault (2) under ASSAULT.

indecent assault by contact See sexual assault (2)

indecent assault by contact- See sexual assault (2) under ASSAULT.

indecent assault by exposure See INDECENT EXPOSURE.

indecent exhibition The act of publicly displaying or offering for sale something (such as a photograph or book) that is outrageously offensive, esp, in a vulgar or sexual way.

indecent exposure An offensive display of one's body in public, esp. of the genitals. Also termed indecent assault by exposure; exposure ofperson. Cf. LEWDNESS; OBSCENITY. "Indece.nt exposure of the person to public view is also a common-law misdemeanor. Blackstone did not deal with it separately. The last offense which I shall mention,' he said, 'more immediately against religion and morality, and cognizable by the temporal courts, is that of open and notorious lewdness; either by frequenting houses of ill fame, which is an indictable offense; or by some grossly scandalous and public indecency, for which the punishment is by fine and imprisonment.' In other words private indecency was exclusively under the jurisdiction of the ecclesiastical court but public indecency of an extreme nature was indictable: Rollin M. Perkins & Ronald N. Boyce, Criminal Law 473 (3d ed. 1982) (quoting 4 William Blackstone, Commentaries on the Laws of England 64 (l769)).

indecent liberties Improper behavior, usu. toward another person, esp. of a sexual nature.

indedmable (in-des-a-ma-bal), adj. Not titheable; not liable for tithes.

indefeasible (in-da-feez-a-bal), adj. (Of a claim or right) not vulnerable to being defeated, revoked, or lost <an indefeasible estate>.

indefeasible remainder A vested remainder that is not subject to a condition subsequent; specif., a remainder in which the remainderman is certain to acquire a present interest sometime in the future and will be entitled to retain the interest permanently. Also termed indefeaSibly vested remainder; remainder indefeasibly vested.

indefeasible remainder See REMAINDER.

indefeasibly vested remainder See indefeasible remainder under REMAINDER.

indefensus (in-da-fen-sas), n. [Latin "undefended"], Roman law. A person who fails to make a defense or plea to an action. The term later acquired a similar meaning in English law.

indefinite detainee See NONREMOVABLE INMATE.

indefinite failure of issue A failure of issue whenever it happens, without any certain period within which it must happen.

indefinite failure of issue- See FAILURE OF ISSUE.

indefinite payment 1. A stream of payments with no termination date, or a single payment with no specified due date. 2. A payment that does not specify to which debt it should be applied when it is made to a single creditor who holds several of the payor s debts.

indefinite payment See PAYMENT.

indefinite postponement See postpone indefinitely under POSTPONE.

indefinite sentence See indeterminate sentence under SENTENCE.

indefinite sentencing See INDETERMINATE SENTENCING.

indemnification (in-dem-na-fi-kay-shan), 1. The action of compensating for loss or damage sustained. 2. The compensation so made. - indemnificatory, adj.

indemnifier See INDEMNITOR.

indemnify (in-dem-na-fi), vb. 1. To reimburse (another) for a loss suffered because of a third party's or one's own act or default; HOLD HARMLESS. 2. To promise to reimburse (another) for such a loss. 3. To give (another) security against such a loss. indemnifiable, adj.

indemnis- (in-dem-nis), adj. [Latin]. Free from loss or damage; harmless.

indemnitee (in-dem-na-tee). One who receives indemnity from another.

indemnitor (in-dem-na-tar or -tor). One who indemnifies another. Also termed indemnifier.

indemnity (in-dem-na-tee), 1. A duty to make good any loss, damage, or liability incurred by another. 2. The right of an injured party to claim reimbursement for its loss. damage, or liability from a person who has such a duty. 3. Reimbursement or compensation for loss, damage, or liability in tort; esp., the right of a party who is sec ondarily liable to recover from the party who is primarily liable for reimbursement of expenditures paid to a third party for injuries resulting from a violation of a common-law duty. Cf. CONTRIBUTION. indemnitory, adj.

indemnity against liability A right to indemnitythat arises on the indemnitor's default, regardless of whether the indemnitee has suffered a loss. "Indemnity against Liability --- Where the indemnity is against liability, the cause of action is complete and the indemnitee may recover on the contract as soon as his liability has become fixed and established, even though he has sustained no actual loss or damage at the time he seeks to recover. Thus, under such a contract, a cause of action accrues to the indemnitee on the recovery of a judgment against him, and he may recover from the indem· nitor without proof of payment of the judgment." 42 c.J.5. Indemnity § 22 (1991).

indemnity bond A bond to reimburse the holder for any actual or claimed loss caused by the issuer's or some other person's conduct.

indemnity bond- See BOND (2).

indemnity clause A contractual provision in which one party agrees to answer for any specified or unspecified liability or harm that the other party might incur. - Also termed hold-harmless clause; save-harmless clause. Cf. EXEMPTION CLAUSE.

indemnity contract A contract by which the promisor agrees to reimburse a promisee for some loss irrespective of a third person's liability. Also termed contract ofindemnity.

indemnity contract- See CONTRACT.

indemnity insurance See first-party insurance under INSURANCE.

indemnity insurance See first-party insurance.

indemnity land 1. Public land granted to a railroad company to help defray the cost of constructing a rightof-way. This land indemnifies a railroad company for land given in a previous grant but later rendered unavailable for railroad use by a disposition or reservation made after the original grant. 2. Federally owned land granted to a state to replace previously granted land that has since been rendered unavailable for the state's use. - Also termed place land.

indemnity land See INDEMNITY LAND

indemnity mortgage See deed of trust under DEED.

indemnity principle The doctrine that an insurance policy should not confer a benefit greater in value than the loss suffered by the insured.

indenization (in-den-i-zay-shan), n. See DENIZATION.

indenizen See ENDENIZEN.

indent 1. An indented certificate of indebtedness issued by the U.S. government or a state government in the late 18th or early 19th century. 2. A contract or deed in writing.

indent- (in-dent), vb. 1. To cut in a serrated or wavy line; esp., to sever (an instrument) along a serrated line to create multiple copies, each fitting into the angles of the other. See CHIROGRAPH; INDENTURE (1). "If a deed be made by more parties than one, there ought to be regularly as many copies of it as there are parties, and each should be cut or indented (formerly in acute angles instar dentium, but at present in a waving line) on the top or side, to tally or correspond with the other; which deed, so made, is called an indenture .... Deeds thus made were denominated syngrapha by the canonists; and with us chirographa, or hand-writings; the word cirographum or cyrographum being usually that which is divided in making the indenture ...." 2 William Blackstone, Commentaries on the Laws of England 295-96 (1766). 2. To agree by contract; to bind oneself. 3. To bind (a person) by contract.

indented deed See INDENTURE (2).

indented deed- See INDENTURE (1).

indenture (in-den-char), 1. A formal written instrument made by two or more parties with different interests, traditionally having the edges serrated, or indented, in a zigzag fashion to reduce the possibility of forgery and to distinguish it from a deed poll. - Also termed indented deed. Cf. deed poll under DEED. 2. A deed or elaborate contract Signed by two or more parties. ''The distinction between a deed poll and an indenture is no longer important since 8 & 9 Vict. C. 106, § 5. Formerly a deed made by one party had a polled or smooth-cut edge, a deed made between two or more parties was copied for each on the same parchment, and the copies cut apart with indented edges, so as to enable them to be identified by fitting the parts together. Such deeds were called indentures. An indented edge is not now necessary to give the effect of an indenture to a deed purporting to be such." William R. Anson, Principles of the Law of Contract 84 (Arthur l. Corbin ed., 3d Am. ed. 1919). "An indenture was a deed with the top of the parchment indented, i.e., having an irregular edge. The deed was written out twice on a single sheet of parchment, which was then severed by cutting it with an irregular edge; the two halves of the parchment thus formed two separate deeds which could be fitted together to show their genuineness. This contrasted with a 'deed poll,' a deed to which there was only one party, which at the top had been polled, or shaved even." Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 129 (6th ed. 1993).

indenture of a fine A document engrossed by the chirographer of fines to reflect penalties assessed by the court. The chirographer prepared indentures in duplicate on the same piece of parchment, then split the parchment along an indented line through a word, sentence, or drawing placed on the parchment to help ensure its authenticity. See CHIROGRAPHER OF FINES.

indenture of trust See trust indenture under INDENTURE.

indenture trustee See TRUSTEE (1).

indentured servant A servant who contracted to work without wages for a fixed period in exchange for some benefit, such as learning a trade or cancellation of a debt or paid passage to another country, and the promise of freedom when the contract period expired. Indentured servitude could be voluntary or involuntary. A contract usu.lasted from four to ten years, but the servant could terminate the contract sooner by paying for the unexpired time. Convicts transported to the colonies were often required to serve as indentured servants as part of their sentences.

indentured servant See SERVANT.

independence The state or quality of being independent; esp., a country's freedom to manage all its affairs, whether external or internal, without control by other countries.

independent 1. Not subject to the control or influence of another <independent investigation>. 2. Not associated with another (often larger) entity <an independent subsidiary>. 3. Not dependent or contingent on something else <an independent person>.

independent probate See informal probate under PROBATE.

independent adjuster An adjuster who solicits business from more than one insurance company; one who is not employed by, and does not work exclusively for, one insurance company.

independent adjuster- See ADJUSTER.

independent adoption See private adoption.

independent adoption- See private adoption under ADOPTION.

independent advice Counsel that is impartial and not given to further the interests of the person giving it. Whether a testator or donor received independent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition. Also termed proper independent advice.

independent agency A federal agency, commission, or board that is not under the direction of the executive, such as the Federal Trade Commission or the National Labor Relations Board. Also termed independent regulatory agency; independent regulatory commission.

independent agency- See AGENCY (3).

independent agent An agent who exercises personal judgment and is subject to the principal only for the results of the work performed. Cf. nonservant agent.

independent agent- See AGENT (2).

independent audit An audit conducted by an outside person or firm not connected with the person or organization being audited.

independent audit- See AUDIT.

independent claim A patent claim that does not refer to any other claim.

independent claim See PATENT CLAIM.

independent conception See INDEPENDENT DEVELOPMENT.

independent contract A contract in which the mutual acts or promises ofthe parties have no relation to each other, either as equivalents or as considerations. Cf. commutative contract.

independent contract- See CONTRACT.