Law Dictionary
	Search:

informant One who informs against another; esp., one who confidentially supplies information to the police about a crime, sometimes in exchange for a reward or special treatment. Also termed informer; feigned accomplice.

informant s privilege The qualified privilege that a government can invoke to prevent disclosure of the identity and communications ofits informants. In exercising its power to formulate evidentiary rules for federal criminal cases, the U.S. Supreme Court has conSistently declined to hold that the government must disclose the identitv of informants in a preliminary hearing or in a cri~inal triaL McCray v. Illinois, 386 U.S. 300, 312, 87 S.Ct. 1056, 1063 (1967). A party can, however, usu. overcome the privilege by demonstrating that the need for the information outweighs the public interest in maintaining the privilege. Also termed informer s privilege.

informant's privilege See PRIVILEGE (3).

information A formal criminal charge made by a prosecutor without a grand-jury indictment. See Fed. R. Crim. P. 7. The information is used to prosecute misdemeanors in most states, and about half the states allow its use in felony prosecutions as well. Also termed bill of information. Cf. INDICTMENT.

Information Analysis and Infrastructure Protection Directorate The division of the U.S. Department of Homeland Security responsible for analyzing intelligence information gathered from the Central Intelligence Agency, the Defense Intelligence Agency, the Federal Bureau of Investigation, the National Security Administration, and other sources, and for issuing warnings about threats of terrorist attack. The unit is also charged with evaluating weaknesses in the nation's infrastructure and recommending ways to reduce vulnerability to attacks. Abbr. IAIP.

information and belief, on (Of an allegation or assertion) based on secondhand information that the declarant believes to be true. For the historical precursor to this phrase, see INSINUATIO.

information in equity An equitable action brought by a sovereign or a governmental unit to preserve or protect the public interest through a public remedy. When the action is to abate a nuisance that affects public property, it is an equitable action for purpresture. See PURPRESTURE. Cf. INFORMATION OF INTRUSION.

information letter A written statement issued by the Department of Labor - in particular, by the Pension and Welfare Benefits Administration that calls attention to a well-established interpretation or principle ofERISA, without applying it to a specific factual situation.

information of intrusion A proceeding for trespass upon real property owned or held by a sovereign, such as a state or federal government. This was a common-law remedy for purpresture. See PURPRESTURE. Cf. INFORMATION IN EQUITY. "In England it [an information of intrusion] is filed by the king's attorney general for any trespass committed upon the lands of the crown. It is founded on no writ under seal, but merely on intimation of the king's officer who 'gives the court to understand and be informed' of the matter in question. 3 BI. Com. 261; Cro.Jac. 212. In America in Massachusetts and Virginia - the remedy is resorted to in case of an intrusion on escheated lands. Com. v. Andre. 20 Mass. (3 Pick.) 224; Com. v. Hite, 6 leigh (Va.) 588. Mas sachusetts Gen. St. 141 authorizes information of intrusion to be filed by the district attorney in case of any intrusion upon lands held by the State in this county for the benefit or use of any tribe of Indians or any individual thereof. or any descendants of them." 10 The American and English Encyciopedia of Law 711 n.l Uohn Houston Merrill et al. eds., 1889) (s.v. information of intrusion). "An information of intrusion, it may be added, was in the nature of an action for trespass quare clausum fregit." R.E. Megarry, A New Miscellany-ot-Law 141 (2005).

information return A return, such as a W-2, filed by an entity to report some economic information related to, but other than, tax liability.

information return See TAX RETURN.

Information Society Directive An initiative of the European Commission implementing the standards set by the WIPO Copyright Treaty, setting reproduction rights and establishing a "making-available" right.

informational picketing See PICKETING.

informational picketing Picketing to inform the public about a matter of concern to the union.

informational privacy A private person s right to choose to determine whether, how, and to what extent information about oneselfis communicated to others, esp. sensitive and confidential information.

informational privacy See PRIVACY.

informational report See REPORT (1).

informational report Parliamentary law. A report without a recommendation for action.

information-disclosure statement A document submitted in the patent-application process in which the inventor reveals all known relevant prior art during the patentability search. The statement must disclose all known patents, publications, and other references of prior art. The U.S. Patent and Trademark Office provides a form, "Information Disclosure Citation," for this purpose. Abbr. IDS. -Also termed statement of prior-art references.

informatioual member See nonvoting member under MEMBER.

informative advertising Advertising that gives information about the suitability and quality of a product.

informative advertising- See ADVERTISING.

informed consent 1. A person's agreement to allow something to happen, made with full knowledge of the risks involved and the alternatives . For the legal profession, informed consent is defined in .'vlodel Rule of Professional Conduct l.0 (e). 2. A patient's knowing choice about a medical treatment or procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would give to a patient regarding the risks involved in the proposed treatment or procedure. Also termed knowing consent.

informed consent- See CONSENT (1).

informed intermediary See INTERMEDIARY.

informed intermediary A person who is in the chain of distribution from the manufacturer to the consumer and who knows the risks of the product. Also termed learned intermediary.

informer 1. INFORMANT. 2. A private citizen who brings a penal action to recover a penalty. Under some statutes. a private citizen is required to sue the offender for a penalty before any criminal liability can attach. Also termed common informer. See COMMON INFORMER.

informer's privilege See informant's privilege under PRIVILEGE (3),

inforo (in for-oh), adv. [Latin] In a forum, court, or tribunal; in the forum.

inforo externo (in for-oh ek-slar-noh), adv. [Latin "in an external forum"] Eccles. law, In a court that is handling a case pertaining to or affecting the corporate life ofthe church. See FORUM EXTERNUM.

inforo interno (in for-oh in-tar-noh), adv. [Latin "in an internal forum"] Eccles. law. In a court of conscience; in a court for matters of conscience or the confessional. See FORUM INTERNUM.

infra (in-fra), adv. & adj. [Latin "below"]. Later in this text. Infra is used as a citational signal to refer to a later-cited authority. In medieval Latin, infra also acquired the sense "within." Cf. INTRA; SUPRA.

infra aetatem (in-fra ee-tay-tam), adj. [Latin] Underage. - Also spelled infra etatem.

infra annos nubiles (in-fra an-ohs n[y]oo-ba-leez), adj. [Law Latin]. Under marriageable years; i.e., not old enough to wed.

infra annum (in-fra an-am), adv. [Law Latin] Under a year; within a year.

infra annum luctus (in-fra an-am lak-tas), adv [Latin]. Within the year of mourning. This referred to the one-year period of mourning during which a widow was prohibited from remarrying,

infra civitatem (in-fra siv-i-tay-tam), adv. [Law Latin] Within the state.

infra corpus comitatus (in-fra kor-pds kom-a-tayt;}s), adv. & adj. [Law Latin]. Within the body of a county. In English law, this phrase referred to a body of water that was completely enclosed by land, and therefore exempt from admiralty jurisdiction, See CORPUS COMITATUS.

infra dignitatem curiae (in-fra dig-ni-tay-tam kyoor-eeee), adj. [Law Latin "beneath the dignity of the court"] (Of a case) too trifling in amount or character to be entertained by a court.

infra furorem (in-fra fya-ror-am), adv. [Law Latin], During madness; while in a state of insanity.

infra hospitium (in-fra hah-spish-ee-am). [Law Latin] "within the inn"], The doctrine that an innkeeper is liable for goods deposited by a guest.

infra jurisdictionem (in-fra joor-is-dik-shee-oh-nam), adv. & adj. [Law Latin] Within the jurisdiction.

infra praesidia infra praesidia (in-fra pra-sid-ee-a). [Latin "within the defenses"]. The international-law doctrine that someone who captures goods will be considered the owner of the goods if they are brought completely within the captor"s power . This term is a corruption of the Roman-law term intra praesidia, which referred to goods or persons taken by an enemy during war. Under the principle of postliminium, the captured person"s rights or goods were restored to prewar status when the captured person returned. See POSTLIMINIUM. "In war, when those who are our enemies have captured someone on our side and have taken him into their own lines [intra praesidia]; for if during the same war he returns he has postliminium, that is, all his rights are restored to him just as if he had not been captured by the enemy." Digest ofJustinian 49.15.5.1 (Pomponius, Quintus Mucius 37).

infraction A violation, usu. of a rule or local ordinance and usu. not punishable by incarceration. See VIOLATION (1). infract, vb.

infrastructure The underlying framework of a system; esp., public services and facilities (such as highways, schools, bridges, sewers, and water systems) needed to support commerce as well as economic and residential development.

infringement Intellectual property. An act that interferes with one of the exclusive rights of a patent, copyright, or trademark owner. See INTELLECTUAL PROPERTY. Cf. PLAGIARISM. infringe, vb.

infringement by sale See INFRINGEMENT.

infringement by sale The unauthorized sale, resale, or offer of a possessory interest in a patented invention. Also termed infringement through sale.

infringement in the inducement The act of actively and knowingly aiding and abetting direct infringement by another person. Although sometimes used in copyright and trademark law to mean contributory infringement, the term is usu. reserved for the patent context. Also termed inducing infringement. Cf. direct infringement.

infringement opinion See OPINION (2).

infringement search A patent search aimed at discovering whether a product or method infringes any in-force patent. An infringement search is usu. limited to the political territory where the patent is to be relied on. Also termed clear-ta-use search; freedam-to-operate search; PTO search. Cf. PATENTABILITY SEARCH; VALIDITY SEARCH.

infringement test A means of determining whether a patent claim is dependent by asking if the claim would always be infringed if the independent claim on which it rests were infringed. Since a dependent claim must incorporate all the elements of the independent claim, an infringement of the independent claim must also be an infringement of the dependent claim.

infringement through sale See infringement by sale under INFRINGEMENT.

infringer A person who interferes with one of the exclusive rights of a patent, copyright, or trade-mark owner. See INFRINGEMENT.

ingenuitas (in-ja-n[y]oo-a-tas), n. [Latin] Roman law. The condition or status of a free-born person.

ingenuitas regni (in-ja-n[y]oo-a-tas reg-ni). [Law Latin]. The freemen, yeomanry, or commonalty of the kingdom. This term was occasionally applied to the nobility.

ingenuus (in-jen-yoo-as), n. [Latin] Roman law. A freeborn person. This term, denoting freeborn persons, was commonly opposed to libertini (people born into slavery and later emancipated). Cf. LATINI IUNIANI; SERVUS.

ingratitude Lack of appreciation for a generous or kind act, esp. for a gift received. Under Louisiana law, a gift may be reclaimed on grounds of ingratitude if the recipient mistreats the giver by, for example, attempting to murder the giver or refusing to provide the giver with needed food. La. Civ. Code art. 1560.

ingratus (in-gray-tas), adj. [Latin] Roman law. (Of a person) ungrateful; (of conduct) marked by ingratitude. Ungrateful acts or words (such as spiteful comments from a freedman toward a former master) could form the basis for a return to a prior inferior status.

ingress (in-gres). 1. The act of entering. 2. The right or ability to enter; access. Cf. EGRESS.

ingress us (in-gres-as). [Latin "ingress, entry"]. The fee paid by an heir to a feudal lord to enter the estate of a decedent.

ingress, egress, and regress The right of a lessee to enter, leave, and reenter the land in question.

ingross vb. See ENGROSS.

ingrossator (in-groh-say-tar). [Law Latin]. An engrosser; a clerk who writes records or instruments on parchment. The Engrosser of the Great Roll, for example, was known as the lngrossator Magni Rotuli. See CLERK OF THE PIPE

inhabit To dwell in; to occupy permanently or habitually as a residence.

inhaerere jurisdictioni (in-hi-reer-ee juur-is-dik-shee-oh-ni). [Latin] Civil law. To be necessarily connected with jurisdiction. The phrase typically referred to a judges inherent powers, such as the power to inflict punishment or to enforce a judgment.

inhere (in-heer), vb. To exist as a permanent, inseparable, or essential attribute or quality of a thing; to be intrinsic to something.

inherency doctrine The rule that anticipation can be inferred despite a missing element in a prior-art reference if the missing element is either necessarily present in or a natural result of the product or process and a person of ordinary skill in the art would know it. On one hand, the doctrine precludes patenting an existing invention by merely claiming an inherent element. On the other hand, it allows the later patentability of a substance, usu. a chemical compound, that was inadvertently created but not recognized or appreciated. See INHERENT ANTICIPATION.

inherent anticipation Patents. An inventions lack of novelty arising from the existence of prior-art products or processes that necessarily possess the same characteristics. Inherency differs from obviousness in that a lack of novelty must be based on fact, not mere possibility or probability. See DOCTRINE OF INHERENCY.

inherent authority Authority of an agent arising from the agency relationship.

inherent authority See AUTHORITY (1).

inherent condition See CONDITION (2).

inherent condition A condition that is an intrinsic part of an agreement; a condition that is not newly imposed but is already present in an agreement.

inherent covenant A covenant that relates directly to land, such as a covenant of quiet enjoyment. Cf. collateral covenant.

inherent covenant See COVENANT (1).

inherent defect See hidden defect under DEFECT.

inherent power A power that necessarily derives from an office, position, or status.

inherent right See inalienable right.

inherent right See inalienable right under RIGHT.

inherently dangerous See DANGEROUS.

inherently dangerous (Of an activity or thing) requiring special precautions at all times to avoid injury; dangerous per se. See DANGEROUS INSTRUMENTALITY; INHERENTLY DANGEROUS ACTIVITY.

inherently dangerous activity An activity that can be carried out only by the exercise of special skill and care and that involves a grave risk of serious harm if done unskillfully or carelessly.

inherently dangerous work See WORK (1).

inherent-powers doctrine The principle that allows courts to deal with diverse matters over which they are thought to have intrinsic authority, such as (1) procedural rulemaking, (2) internal budgeting of the courts, (3) regulating the practice oflaw; and (4) general judicial housekeeping. The power is based on interpretations of art. I, § 8, cl. 18 of the Constitution.

inhereut power See POWER (3).

inherit 1. To receive (property) from an ancestor under the laws of intestate succession upon the ancestors death. 2. To receive (property) as a bequest or devise.

inheritable adj. See HERITABLE.

inheritable security See heritable security under SECURITY.

inheritable blood See heritable blood under BLOOD.

inheritable obligation See heritable obligation.

inheritable obligation See heritable obligation under OBLIGATION.

inheritance 1. Property received from an ancestor under the laws of intestacy. 2. Property that a person receives by bequest or devise.

inheritance tax See TAX.

inheritance tax 1. A tax imposed on a person who inherits property from another (unlike an estate tax, which is imposed on the decedents estate). There is no federal inheritance tax, but some states have an inheritance tax (though it is creditable or deductible under the federal estate tax). Also termed succession tax; death tax. Cf. estate tax. 2. Loosely, an estate tax.

inheritor (in-hair-i-tar). A person who inherits; HEIR.

inheritrix (in-hair-i-triks), n. Archaic. A female heir; HEIRESS.

inhibition (in-hi-bish-an). 1. Eccles. law. A writ issued by a superior ecclesiastical court, forbidding a judge from proceeding in a pending case. 2. Eccles. law. An order issuing from an ecclesiastical court, prohibiting a member of the clergy from taking office or performing an unlawful action. 3. A writ of prohibition. 4. Scots law. An order issued by the Court of Session to prohibit a debtor from encumbering or alienating the debtors heritable property to the prejudice of a creditor. See EX CAPITE INHlBITIONIS; (in senses 3 & 4) PROHIBITION (2).

inhonestus (in-ha-nes-tas), adj. [Latin] Roman law. 1. (Of a person) of ill repute. 2. (Of conduct) morally shameful.

in-house counsel One or more lawyers employed by a company. - Also termed house counsel; (when employed by a corporation) corporate counsel. Cf. corporate counsel.

in-house counsel See COUNSEL