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independent contractor See INDEPENDENT CONTRACTOR.

independent contractor- One who is entrusted to undertake a specific project but who is left free to do the assigned work and to choose the method for accomplishing it. It does not matter whether the work is done for payor gratuitously. Unlike an employee, an independent contractor who commits a wrong while carrying out the work usu. does not create liability for the one who did the hiring. - Also termed contract labor. Cf. EMPLOYEE.

independent counsel An attorney hired to provide an unbiased opinion about a case or to conduct an impartial investigation; esp., an attorney appointed by a governmental branch or agency to investigate alleged misconduct within that branch or agency. See special prosecutor under PROSECUTOR. Cf. special counsel.

independent counsel. See COUNSEL.

independent covenant A covenant that imposes a duty that does not depend on the other party's prior performance. Cf. dependent covenant.

independent covenant- See COVENANT (1).

independent creation A defense asserting that a later work is not a derivative of an allegedly infringed work, but is a product of coincidentally parallel labor.

independent development Intellectual property. A defense against an industrial-espionage charge wherein the user shows that the property was independently discovered or conceived. Trademarks, symbols, inventions, and other types of intellectual property are all subject to independent deVelopment. Also termed independent conception.

independent executor An executor who, unlike an ordinary executor, can administer the estate with very little supervision by the probate court. Only a few states mostly in the West and Southwestallow testators to designate independent executors. But lawyers routinely write wills that relieve a trusted executor from obtaining appraisals, from providing inventories and surety bonds, and from obtaining court approval "to the maximum extent permitted by law." The Uniform Probate Code endorses independent administration, and it is the usual process unless a party demands court-supervised administration. Also termed nonintervention executor.

independent executor- See EXECUTOR.

independent force Force not stimulated by a situation created by the actor's conduct.

independent force- See FORCE.

independent intervening cause See intervening cause under CAUSE (1).

independent invention An invention that bears no relation to another invention, esp. to another invention covered in the same patent application. A single patent may not cover multiple independent inventions; the applicant must elect one and drop any others from the application. See RESTRICTION (4). Cf. distinct invention.

independent invention See INVENTION.

independent investigation committee See SPECIAL LITIGATION COMMITTEE.

independent medical examination An assessment of a person's physical condition and health that is made by an impartial health care professional, usu. a physician. Abbr. IME.

independent mental evaluation An assessment of a person's mental and emotional condition that is made by an impartial mental-health professional, such as a psychologist or psychiatrist. Cf. PSYCHIATRIC EXAMINATION. - Abbr. IME.

independent personal representative See personal representative under REPRESENTATIVE.

independent personal representative See personal representative.

independent probate See informal probate.

independent promise See unconditional promise.

independent promise See unconditional promise under PROMISE.

independent regulatory agency See independent agency under AGENCY (3).

independent regulatory commission See independent agency under AGENCY (3).

independent retirement account See INDIVIDUAL RETIREMENT ACCOUNT.

independent state See SOVEREIGN STATE.

independent union See UNION.

independent-Jiving program A training course designed to enable foster children who are near the age of majority to leave the foster-care system and manage their own affairs as adults. Independent living programs provide education, training, and financial and employment counseling. They also help many foster youth in locating suitable post-foster-care housing. Permanency planning orders or case plans can - but are not required to provide for indepen dent living as a goal for a child in long-term foster care and describe how it is to be accomplished. See AGINGOUT; PERMANENCY PLAN.

independent-practice association A network of independent healthcare providers who contract with a health-maintenance organization (HMO) to provide services to the HMO's subscribers at negotiated rates. Independent-practice associations generally remain free to accept patients who subscribe to other HMOs or who are not members of an HMO. - Abbr. IPA.

independent-significance doctrine Wills & estates. The principle that effect will be given to a testator's disposition that is not done solely to avoid the requirements of a will. An example is a will provision that gives the contents of the testator's safe-deposit box to his niece. Because the safe-deposit box has utility ("significance") independent of the will, the gift of its contents at the testator's death is valid.

independent-source hearing Criminal procedure. A hearing to determine whether evidence was obtained illegally, and if so, whether the evidence is admissible. See INDEPENDENT-SOURCE RULE.

independent-source hearing- See HEARING.

independent-source rule Criminal procedure. The rule providing - as an exception to the fruit-of the-poIsonous-tree doctrine that evidence obtained by illegal means may nonetheless be admissible if that evidence is also obtained by legal means unrelated to the original illegal conduct. See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. Cf. INEVITABLE-DISCOVERY RULE.

indestructible trust See TRUST.

indeterminate adj. Not definite; not distinct or precise,

indeterminate bond A callable bond with no set maturity date.

indeterminate bond- See BOND (3).

indeterminate conditional release A release from prison granted once the prisoner fulfills certain conditions. The release can be revoked if the prisoner breaches other conditions.

indeterminate damages See discretionary damages.

indeterminate damages- See discretionary damages under DAMAGES.

indeterminate obligation See OBLIGATION.

indeterminate obligation 1. An obligation by which the obligor is bound to deliver one of a certain species of items. For example, an bligation to deliver a pre-1509 edition of Vocabularium Iuris can be discharged by delivering any edition published before that date. 2. An obligation that is not specific in amount or form, or is subject to being changed by a third party. Cf. determinate obligation.

indeterminate sentence 1. A sentence of an unspecified duration, such as one for a term of 10 to 20 years. 2. A maximum prison term that the parole board can reduce, through statutoryauthorization, after the inmate has served the minimum time required by law. Also termed indefinite sentence. See INDETERMINATE SENTENCING.

indeterminate sentence See SENTENCE.

indeterminate sentencing Sentencing that is left up to the court, with few or very flexible guidelines. Also termed discretionary sentencing.

indeterminate sentencing See SENTENCING.

indeterminate sentencing- The practice of not imposing a definite term of confinement, but instead prescribing a range for the minimum and maximum term, leaving the precise term to be fixed in some other way, usu. based on the prisoner's conduct and apparent rehabilitation while incarcerated. Also termed indef inite sentencing. See indeterminate sentence under SENTENCE.

index 1. An alphabetized listing of the topics or other items included in a single book or document, or in a series of volumes, usu. found at the end of the book, document, or series <index of authorities>.

index animi sermo (in-deks an-a-mi sar-moh). [Latin] Speech is the index of the mind. This maxim supports the concept that the language of a statute or instrument is the best guide to the drafter's intent.

index crime See index offense under OFFENSE (1).

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

index fund See MUTUAL FUND.

index lease See LEASE.

index of authorities An alphabetical list of authorities cited in a book or brief, usu. with subcategories for cases, statutes, and treatises. - Also termed table of authorities; table of cases.

Index of Patents An annual two-part publication of the u.s. Patent and Trademark Office, containing the year's List of Patentees (Part I) and Index to Subjects ofInventions (Part II), arranged by class and subclass.

Index of Trademarks An annual publication of the U.S. Patent and Trademark Office, listing all trademarks registered in a given year.

index offense One of eight classes of crimes reported annually by the FBI in the Uniform Crime Report. The eight classes are murder (and nonnegligent homicide), rape, robbery, aggravated assault, burglary, larceny-theft, arson, and auto theft. Also termed index crime.

index offense See OFFENSE (1).

Index to the U.S. Patent Classification System An entry-level aid to using the Patent Office's classification system, comprising an estimated 65,000 common terms and phrases and referring each entry to a class and subclass within the system.

indexation See INDEXING.

indexing 1. The practice or method of adjusting wages, pension benefits, insurance, or other types of payments to compensate for inflation. 2. The practice of investing funds to track or mirror an index of securities. - Also termed indexation.

Indian child Under the Indian Child Welfare Act, any unmarried person under the age of 18 who either is a member of an Indian tribe or is both eligible for membership in an Indian tribe and the biological child of a member ofan Indian tribe. See INDIAN CHILD WELFARE ACT.

Indian Child Welfare Act A federal act that governs child-custody proceedings including foster-care placement, preadoptive placement, adoptive placement, and termination of parental rights in cases involving a child of American Indian descent. 25 USCA §§ 1911 et seq. Congress enacted the Act to help protect the best interests of Indian children, to promote the stability and security of Indian tribes and families, and to counteract the disproportionate foster-care placement and adoption of Indian children by non-Indians. The Act provides minimum federal standards for removing Indian children from their families and for placing them in foster or adoptive homes that will provide an environment reflecting the values of the Indian culture. The Act has an important jurisdictional feature: in a custody dispute involving an Indian child who resides in or is domiciled within an Indian reservation, the tribe and its tribal courts have exclusive jurisdiction. And in a custody dispute involving an Indian child who lives off a reservation, upon petition, any state court should usu. defer and transfer the case to the tribal court unless a party demonstrates good cause to the contrary. Abbr. ICWA.

Indian Claims Commission A federal agency dissolved in 1978 that adjudicated claims brought by American Indians, a tribe, or another identifiable group of Indians against the United States. - The U.S. Court of Federal Claims currently hears these claims.

Indian country 1. The land within the borders of all Indian reservations, the land occupied by an Indian community (whether or not located within a recognized reservation), and any land held in trust by the United States but beneficially owned by an Indian or tribe. 2. Any region (esp. during the U.S. westward migration) where a person was likely to encounter Indians.

Indian gambling Gambling conducted by a federally recognized Indian tribe and regulated by federal law.

Indian gambling- See GAMBLING.

Indian land Land owned by the United States but held in trust for and used by American Indians. - Also termed Indian tribal property. Cf. TRIBAL LAND.

Indian law See NATIVE AMERICAN LAW.

Indian reservation An area that the federal government has designated for use by an American Indian tribe, where the tribe generally settles and establishes a tribal government.

Indian Territory A former U.S. territory - now a part of the state of Oklahoma - to which the Cherokee, Choctaw, Chickasaw, Creek, and Seminole tribes were forcibly removed between 1830 and 1843. In the late 19th century, most of this territory was ceded to the United States, and in 1907 the greater part ofit became the State of Oklahoma.

Indian title A right of occupancy that the federal government grants to an American Indian tribe based on the tribe's immemorial possession of the area. Congress does not recognize tribal ownership of the land, only possession. A tribe or nation must actually, exclusively, and continuously use the property to establish that it is the ancestral home. An individual may claim Indian title by showing that the individual or his or her lineal ancestors continuously occupied a parcel of land, as individuals, before the land was closed to settlers. Also termed aboriginal title; right of occupancy. Cf. aboriginal title (1) under TITLE (2).

Indian tribal property See INDIAN LAND.

Indian tribe A group, band, nation, or other organized group of indigenous American people, including any Alaskan native village, that is recognized as eligible for the special programs and services provided by the U.S. government because of Indian status (42 USCA § 9601(36"; esp., any such group haVing a federally rec ognized governing body that carries out substantial governmental duties and powers over an area (42 USCA § 300f(14); 40 CFR § 146.3). A tribe may be identified in various ways, esp. by past dealings with other tribes or with the federal, state, or local government, or by recognition in historical records. "The Indian tribe is the fundamental unit of Indian law; in its absence there is no occasion for the law to operate. Yet there is no all-purpose definition of an Indian tribe. A group of Indians may qualify as a tribe for the purpose of one statute or federal program, but fail to qualify for others. Definitions must accordingly be used with extreme caution." William C. Canby Jr.. American Indian Law in a Nutshell 3-4 (2d ed. 1988).

indicare (in-di-kair-ee), vb. [Latin] 1. Roman law. To accuse (someone) of a crime; to provide evidence against someone. 2. Civil law. To show or discover. 3. Civil law. To fix or tell the price of a thing. See INDICIUM.

indicator An average or index that shows enough of a correlation to market trends or economic conditions that it can help analyze market performance.

indicavit (in-di-kay-vit). [Law Latin "he has indicated"]. A writ of prohibition by which a church patron removes to a common-law court an ecclesiastical-court action between two clerics who dispute each other's right to a benefice. The writ was long available nominally up to the 20th century under the 1306 statute De Conjunctim Feoffatis (34 Edw. 1), Actions concerning clerics' rights to a benefice were usu. tried in ecclesiastical courts, but they could be removed to a common-law court if the action involved a church patron in some way, as when one cleric was appointed by a certain patron and the other cleric was appointed by another patron. Cf. ADVOWSON.

indicia (in-dish-ee-a), n. pl. 1. Roman law. Evidence. 2. (pl.) Signs; indications <the purchase receipts are indicia of ownership>.

indicia of title A document that evidences ownership of personal or real property.

indicium (in-dish-ee-am), n. [Latin] Roman law. 1. The act of providing evidence against an accused. 2. The act of promising recompense for a certain service. 3. A sign or mark; esp., something used as a type of proof. See INDlCARE.

indict (in-dit), vb. To charge (a person) with a crime by formal legal process, esp. by grand-jury presentation. Also formerly spelled endUe; indite.

indictable misdemeanor See serious misdemeanor under MISDEMEANOR.

indictable offense A crime that can be prosecuted only by indictment. In federal court, such an offense is one punishable by death or by imprisonment for more than one year or at hard labor. Fed. R. Crim. P. 7(a). See INDICTMENT.

indictable offense See OFFENSE (1).

indictee (in-di-tee). A person who has been indicted; one officially charged with a crime.

indictio (in-dik-shee-oh), n. [Latin] I. Roman law. An imperial proclamation establishing a 15-year period for the reassessment of property values for tax purposes. Indictio also referred to the IS-year cycle itself. 2. A declaration or proclamation, such as a declaration of war (indictio belli). 3. An indictment. PI. indictiones (in -dik-shee-oh-neez).

indictment (in-dit-mant), n. 04c) 1. The formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused person. See Fed. R. Crim. P. 7. 2. The act or process of preparing or bringing forward such a formal written accusation. Cf. INFORMATION; PRESENTMENT (2).

indictor (in-dit-ar or in-di-tor). A person who causes another to be indicted.

indifference A lack of interest in or concern about something; apathy.

indigena (in-dij-a-na]. [Latin "native"]. A subject born within the English realm or naturalized by act of Parliament. Cf. ALIENIGENA.

indigency The state or condition of a person who lacks the means of subsistence; extreme hardship or neediness; poverty. For purposes of the Sixth Amendment right to appointed counsel, indigency refers to a defendant's inability to afford an attorney. Also termed indigence. indigent, adj. & n. "Supreme Court opinions speak generally of the rights of an 'indigent defendant' without offering any specific definition of 'indigency: ... The appellate courts agree that indigency is not a synonym for 'destitute: ... Among the factors to be considered in evaluating the individual's financial capacity are: (l) income from employment and such governmental programs as social security and unemployment compensation. (2) real and personal property; (3) number of dependents; (4) outstanding debts; (5) serio ousness of the charge (which suggests the likely fee of a retained attorney); and (6) other legal expenses (such as bail bond)." Wayne R. Lafave & Jerold H. Israel, Criminal Procedure § 11.3(g), at 544 (2d ed. 1992).

indigent (in-di-jant), 1. A poor person. 2. A person who is found to be financially unable to pay filing fees and court costs and so is allowed to proceed in forma pauperis. The Supreme Court has recognized an indigent petitioner's right to have certain fees and costs waived in divorce and termination-of-parental-rights cases. Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780 (1971); M.L.B. v. S.L,J., 519 U.S. 102, 117 S.Ct. 555 (1996). See PAUPER; IN FORMA PAUPERIS. indigent, adj.

indigent defendant A person who is too poor to hire a lawyer and who, upon indictment, becomes eligible to receive aid from a court-appointed attorney and a waiver of court costs. See IN FORMA PAUPERIS. Cf. PAUPER.

indignity (in-dig-ni-ee), Family law. A ground for divorce consisting in one spouse's pattern of behavior calculated to humiliate the other. - Also termed personal indignity. Cf. CRUELTY.

indirect aggression Aggression carried out by some means other than through a state's regular armed forces. "[I]ndirect aggression would seem to have two prime meanings: (1) delictual acts armed or unarmed and conducted vicariously by the aggressor state through third parties which endanger the essential rights of a state, rights upon which its security depends, and (2) delictual acts taken directly by the governing authorities of a state against another state or vicariously through third-party groups which do not involve the use of armed force, but which do endanger the essential rights of a state upon which its security depends. No directly military operations by the regular armed forces of a state are involved in either case; therefore the aggression can be regarded as an indirect method of constraint carried on by the aggressor state." Ann Van Wynen Thomas & A.J.Thomas Jr.,The Concept ofAggression in International Law 69 (1972).

indirect aggression- See AGGRESSION.

indirect attack See COLLATERAL ATTACK.

indirect confession A confession that is inferred from the defendant's conduct.

indirect confession- See CONFESSION.