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indirect contempt Contempt that is committed outside of court, as when a party disobeys a court order. Indirect contempt is punishable only after proper notice to the contemnor and a hearing. Also termed constructive contempt; consequential contempt.

indirect contempt- See CONTEMPT.

indirect cost A cost that is not specific to the production of a particular good or service but that arises from production activity in general, such as overhead allocations for general and administrative activities. Also termed common cost.

indirect cost- See COST (1).

indirect damages See consequential damages.

indirect damages- See consequential damages under DAMAGES.

indirect evidence See circumstantial evidence (1).

indirect evidence- See circumstantial evidence (1) under EVIDENCE.

indirect loss See consequential loss under LOSS.

indirect notice See implied notice under NOTICE.

indirect possession See mediate possession under pos-SESSION.

indirect possession See mediate possession.

indirect tax A tax on a right or privilege, such as an occupation tax or franchise tax. An indirect tax is often presumed to be partly or wholly passed on from the nominal taxpayer to another person.

indirect tax See TAX.

indirect-purchaser doctrine The principle that in litigation for price discrimination, the court will ignore sham middle parties in deter mining whether different prices were paid by different customers for the same goods. This doctrine gives standing to bring an antitrust action to a party who is not an immediate purchaser of a product. Thus, if a manufacturer sells a product to a retailer, but dictates the terms by which the retailer must sell the product to a consumer, a court will ignore the retailer and treat the consumer as the direct purchaser of the product.

indiscriminate attack An aggressive act that (1) is not carried out for a specific military objective, (2) employs a means of combat not directed at a specific military objective, or (3) employs a means of combat the effects of which cannot be limited in accordance with an international protocol such as the Geneva Conventions of 1949 and their protocols or the Hague Conventions of 1899 and 1907.

indispensable evidence Evidence without which a particular fact cannot be proved.

indispensable evidence- See EVIDENCE.

indispensable instrument The formal written evidence of an interest in intangibles, so necessary to represent the intangible that the enjoyment, transfer, or enforcement of the intangible depends on possession of the instrument.

indispensable instrument See INSTRUMENT (3).

indispensable party A party who, having interests that would inevitably be affected by a court judgment, must be included in the case. If such a party is not included, the case must be dismissed. Fed. R. Civ. P. 19(b). Cf. necessary party.

indispensable party See PARTY (2).

indispensable-element test A commonlaw test for the crime of attempt, based on whether the defendant acquires control over any thing that is essential to the crime. Under this test, for example, a person commits a crime by buying the explosives with which to detonate a bomb. See ATTEMPT (2).

indistanter (in-di-stan-tar), adv. [Law Latin "immediately"] Forthwith; without delay.

indite- See INDICT.

individual 1. Existing as an indivisible entity. 2. Of or relating to a single person or thing, as opposed to a group.

individual account plan See defined-contribution plan.

individual account plan- See defined-contribution plan under EMPLOYEE BENEFIT PLAN.

individual asset (usu. pl.) Property belonging to a member of a partnership as personal property, separate from the partnership's property.

individual asset- See ASSET.

individual contract See CONTRACT.

individual debt (usu. pI.). Debt personally owed by a partner, rather than by the partnership.

individual debt- See DEBT.

individual goodwill See personal goodwill.

individual goodwill- See personal goodwill under GOODWILL.

individual liberty See personal liberty under LIBERTY.

individual property See SEPARATE PROPERTY (1).

individual proprietorship See SOLE PROPRIETORSHIP.

individual retirement account A savings or brokerage account to which a person may contribute up to a specified amount of earned income each year. The contributions, along with any interest earned in the account, are not taxed until the money is withdrawn after a participant reaches 59'12 (or before then, if a 10% penalty is paid). Abbr. IRA. Also termed independent retirement account. Cf. KEOGH PLAN.

individual voluntary arrangement A formal out-of-court arrangement between a debtor and two or more lenders to freeze the interest rate of a debt and payoff a percentage of the debt over an agreed period, at the end of which time the remaining debt is canceled. The arrangement is an alternative to filing for bankruptcy. It must be set up by an autho rized insolvency practitioner but does not require court approval. Abbr. IVA.

individualized education program A specially designed plan of educational instruction for a child with disabilities. The individualized education program is a written plan that details the particular child's abilities, the child's educational goals, and the services to be provided. Abbr. IEP. Also termed individualized educational placement. See child with disabilities under CHILD; INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

individualized educational placement See INDIVIDt:ALIZED EDUCATION PROGRAM.

Individuals with Disabilities Education Act A federal statute that governs the public education of children with physical or mental handicaps and attempts to ensure that these children receive a free public education that meets their unique needs. The Education of All Handicapped Children Act (enacted in 1975) was renamed the Individuals with Disabilities Education Act in 1990, and this Act was substantially amended in 1997. All states currently participate in this joint federal-state initiative. 20 USCA §§ 1400-1485. Abbr. IDEA.

indivisible adj. Not separable into parts; held by two or more people in undivided shares <an indivisible debt>.

indivision Undivided ownership of property; the condition of being owned by coowners each having an undivided interest in the property.

indivisum (in-di-vi-sam or -zam), adj. [Latin] Roman law. (Of property) held in common; not divided.

indorse To sign (a negotiable instrument), usu. on the back. either to accept responsibility for paying an obligation memorialized by the instrument or to make the instrument payable to someone other than the payee. Also spelled endorse.

indorsee (in-dor-see). A person to whom a negotiable instrument is transferred by indorsement. Also spelled endorsee.

indorsee in due course An indorsee who, in the ordinary course of business, acquires a negotiable instrument in good faith for value, before its maturity, and without knowledge of its dishonor.

indorsement 1. The placing of a signature, sometimes with an additional notation, on the back of a negotiable instrument to transfer or guarantee the instrument or to acknowledge payment. 2. The signature or notation itself. - Also spelled endorsement. - indorse, vb. "The clever indorser can subscribe his or her name under a variety of magic phrases. The Code specifies the legal effect of some of these phrases. Qualified indorsements ('without recourse') limit the liability of the indorser if the instrument is dishonored, Restrictive indorsements such as 'for deposit only,' 'pay any bank,' and the like set the terms for further negotiation of the instrument. Their main purpose is to prevent thieves and embezzlers from cashing checks." 2 James J, White & Robert S. Summers, Uniform Commercial Code § 16-7, at 92-93 (4th ed. 1995).

indorsement in blank See blank indorsement.

indorsement in full See special indorsement.

indorsement without recourse See qualified indorsement.

indorser A person who transfers a negotiable instrument by indorsement; specif., one who signs a negotiable instrument other than as maker, drawer, or acceptor. - Also spelled endorser.

induced abortion An abortion purposely and artificially caused either by the mother herself or by a third party. See ABORTIFACIENT.

induced abortion- See ABORTION.

inducement 1. The act or process of enticing or persuading another person to take a certain course of action. See fraud in the inducement under PRAUD. active inducement. The act of intentionally causing a third party to infringe a valid patent. - Active inducement requires proof of (1) an actual intent to cause the patent infringement and (2) knowledge of the patent. 2. Contracts. The benefit or advantage that causes a promisor to enter into a contract. 3. Criminal law. An enticement or urging of another person to commit a crime. 4. The preliminary statement in a pleading; esp., in an action for defamation, the plaintiff's allegation that extrinsic facts gave a defamatory meaning to a statement that is not defamatory on its face, or, in a criminal indictment, a statement of preliminary facts necessary to show the criminal character of the alleged offense. Cf. INNUENDO (2); COLLOQUIUM. induce, vb.

inducement of breach of contract See TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS.

induciae legales (in-d[y]oo-shee-ee la-gay-leez). [Latin] Civil & Scots law. The days allowed after summons for a defendant to appear in court.

inducing infringement See infringement in the inducement under INFRINGEMENT.

induct 1. To put into possession of (something, such as an office or benefice). 2. To admit as a member. 3. To enroll (a person) for military service.

inductio (in-dak-shee-oh), n. [Latin] Roman law. The act of erasing a writing or part of it, as when a testator struck a legacy from a will. PI. inductiones (in-dak-shee-oh-neez).

induction 1. The act or process of initiating <the induction of three new members into the legal fraternity>. 2. The act or process of reasoning from specific instances to general propositions <after looking at several examples, the group reasoned by induction that it is a very poor practice to begin a new paragraph by abruptly bringing up a new case>. Cf. DEDUCTION (4).

indult (in-dalt). Eccles. law. A dispensation granted by the Pope to do or obtain something contrary to canon law. Historically, induits were often used for political ends. An indult granted to a sovereign empowered the recipient to present an ecclesiastical benefice, usu. without papal interference. Less exalted bodies, such as the parliament of Paris and the college of cardinals, were sometimes granted similar privileges. Also termed indulto.

indulto (in-dal-toh). [Spanish]. 1. A pardon or amnesty. 2. Hist. A duty paid on imported goods to the Spanish or Portuguese Crown.

indusio unius est exclusio alterius See EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS.

industrial design The shape, configuration, pattern, or ornament applied to a finished article of manufacture, often to distinguish the product's appearance. A design patent may be issued to protect the product's characteristic appearance.

industrial disease See OCCUPATIONAL DISEASE.

industrial disease- See OCCUPATIONAL DISEASE.

industrial espionage Intellectual property. One company's spying on another to steal trade secrets or other proprietary information.

industrial espionage- See ESPIONAGE.

Industrial Espionage Act See ECONOMIC ESPIONAGE ACT.

industrial goods See capital goods.

industrial goods- See capital goods under GOODS.

industrial insurance See industrial life insurance under LIFE INSURANCE.

industrial law See LABOR LAW.

industrial life insurance See LIFE INSURANCE.

industrial life insurance See LIFE INSURANCE.

industrial property Intellectual property. Patented goods, industrial designs, trademarks, and copyrights that a business owns and may exclude others from using. Employed in the Paris Convention, the term was not defined, but the treaty states that it is to be construed broadly.

industrial relations All dealings and relationships between an employer and its employees, including collective bargaining about issues such as safety and benefits.

industrial union See UNION.

industrial-development bond 1. A type of revenue bond in which interest and principal payments are backed by a corporation rather than a municipality. This type of bond usu. finances a private business facility. 2. A tax-exempt municipal bond that finances a Will. local industry. Also termed industrial-revenue bond.

industrial-development bond- See BOND (3).

industrial-revenue bond See industrial-development bond under BOND (3).

industry 1. Diligence in the performance of a task. 2. Systematic labor for some useful purpose; esp., work in manufacturing or production. 3. A particular form or branch of productive labor; an aggregate of enterprises employing similar production and marketing facilities to produce items having markedly similar characteristics.

industry-wide liability See enterprise liability (1) under LIABILITY.

indutiae (in-d[y]oo-shee-ee), n. [Latin], 1. Roman & int'l law. A truce or cessation of hostilities; an armistice. 2. Roman & civil law. A delay allowed for performing an obligation or other legal business. 3. Maritime law. A period of 20 days in which a bottomry-bond debtor may unload the ship's cargo and pay the bond. Also spelled induciae.

inebriate (in-ee-bree-at), Archaic. An intoxicated person; esp., a habitual drunkard.

inebriated (in-ee-bree-ay-tid), adj. Drunk; intoxicated.

ineffective assistance of counsel A representation in which the defendant is deprived of a fair trial because the lawyer handles the case unreasonably, usu. either by performing incompetently or by not devoting full effort to the defendant, esp. because of a conflict of interest. In determining whether a criminal defendant received ineffective assistance of counsel, courts generally consider several factors: (1) whether the lawyer had previously handled criminal cases; (2) whether strategic trial tactics were involved in the allegedly incompetent action; (3) whether, and to what extent, the defendant was prejudiced as a result of the lawyer's alleged ineffectiveness; and (4) whether the ineffectiveness was due to matters beyond the lawyer's control. Also termed inadequate assistance of counsel. "The Sixth Amendment right to assistance of counsel has been held to imply the 'right to the effective assistance of counsel.' The Court has often said that the converse ineffective assistance of counsel is a constitutional denial of the Sixth Amendment right, even if the lawyer has been retained by rather than appointed for the defendant. 'Ineffective' does not necessarily mean incompetent or unprepared; it means an inability to perform as an independent lawyer devoted to the defendant.. . However, counsel's assistance is not necessarily ineffective because the lawyer made mistakes. Only very serious errors, such as would likely have produced an entirely different outcome at trial, will suffice to require a new trial." Jethro K. Lieberman, The Evolving Constitution 263-64 (1992).

ineffective assistance of counsel- See ASSISTANCE OF COUNSEL.

ineffective revocation See DEPENDENT RELATIVE REVOCATION.

Ineligibility Clause The clause of the U.S. Constitution that prohibits a member of Congress from accepting an appointment to an executive office that was created, or the compensation for which was increased, during the member's service in Congress. D.S. Const. art. I, § 6.

ineligible adj. (Of a person) legally disqualified to serve in office. Ineligibility, n.

inequitable (in-ek-wi-ta-bal), adj. Not fair; opposed to principles of equity <an inequitable ruling>.

inequitable conduct See defense of inequitable conduct under DEFENSE (1).

inequity (in-ek-wi-tee), 1. Unfairness; a lack of equity. 2. An instance of injustice.

inescapable peril See PERIL.

inescapable peril A danger that one cannot avoid without another s help. See LAST-CLEARCHANCE DOCTRINE. 2. Insurance. The cause of a risk ofloss to person or property; esp., the cause of a risk such as fire, accident, theft, forgery, earthquake, flood, or illness <insured against all perils>. Cf. RISK (3).

inessential mistake See unessential mistake under MISTAKE.