insurance poolA group of several insurers that, to spread the risk, combine and share premiums and losses. |
insurance premiumSee PREMIUM (1). |
insurance ratingThe process by which an insurer arrives at a policy premium for a particular risk. Often shortened to rating. |
Insurance Services OfficeA nonprofit organization that provides analytical and decision-support services and tools to the insurance industry, including statistical, actuarial, underwriting, and claims data, and drafts of model insurance policy forms and coverage provisions. The organization is composed of member insurers. It provides data and information to its members and also to nonmember subscribers, such as risk managers, insurance regulators, and self-insureds. Abbr. ISO. |
insurance trustSee TRUST. |
insurance underwriterSee UNDERWRITER. |
insurantA person who obtains insurance or to whom an insurance policy is issued. This term is much less common than the attributive noun insured. |
insure1. To secure, by payment of a premium, the payment of a sum of money in the event of a loss. 2. To issue or procure an insurance policy on or for (someone or something). |
insuredA person who is covered or protected by an insurance policy. Also termed assured. |
insurerOne who agrees, by contract, to assume the risk of anothers loss and to compensate for that loss. Also termed underwriter; insurance underwriter; carrier; assurer (for life insurance). |
insurgentA person who, for political purposes, engages in armed hostility against an established government. - insurgent, adj. - insurgency, n. |
insuring agreementSee INSURING CLAllSE. |
insuring clauseA provision in an insurance policy or bond reciting the risk assumed by the insurer or establishing the scope of the coverage. Also termed insuring agreement. |
insurrectionA violent revolt against an oppressive authority, usu. a government. "Insurrection is distinguished from rout, riot, and offense connected with mob violence by the fact that in insurrection there is an organized and armed uprising against authority or operations of government, while crimes growing out of mob violence. however serious they may be and however numerous the participants, are simply unlawful acts in disturbance of the peace which do not threaten the stability of the government or the eXistence of political SOCiety." 77 C.J.S. Riot; Insurrection § 29, at 579 (1994). |
intact familyA family in which both parents live together with their children. |
intact familySee FAMILY. |
intake1. The official screening of a juvenile charged with an offense in order to determine where to determine where to place the juvenile pending formal adjudication or informal disposition. 2. The body of officers who conduct this screening. 3. Hist. English law. A piece ofland temporarily taken from a common or moorland by a tenant to raise a crop. |
intake dayThe day on which new cases are assigned to the courts. |
intakerSee FENCE (1). |
intangibleadj. Not capable of being touched; impalpable; INCORPOREAL. |
intangibleSomething that lacks a physical form; an abstraction, such as responsibility; esp., an asset that is not corporeal, such as intellectual property. |
intangible asset1. See ASSET. 2. See INTANGIBLE TRADE VALUE. |
intangible assetAny nonphysical asset or resource than can be amortized or converted to cash, such as patents, goodwill, and computer programs, or a right to something, such as services paid for in advance. |
intangible drilling costOil & gas. An expense that is incident to and necessary for drilling and completing an oil or gas well and that has no salvage value. Intangible drilling costs may be deducted in the year they are incurred rather than capitalized and depreciated. 26 DSCA § 612. |
intangible movableSee MOVABLE. |
intangible propertySee PROPERTY. |
intangible propertyProperty that lacks a physical existence. - Examples include stock options and business goodwill. Cf. tangible property. |
intangible taxA state tax imposed on the privilege of owning, transferring, devising, or otherwise dealing with intangible property. |
intangible taxSee TAX. |
intangible thingSee incorporeal thing under THING. |
intangible trade propertySee INTANGIBLE TRADE VALUE. |
intangible trade valueIntellectual property. The measure of an enterprises proprietary information, ideas, goodwill, and other nonphysical commercial assets. The law of misappropriation provides some protection against the taking of intangible trade values to compete unfairly with their original owner. Also termed intangible asset; intangible trade property. |
intangible-rights doctrineThe rule that a person is entitled to receive honest services from those in the public sector or in the private sector who have fiduciary duties to the person. Public-sector intangible rights derive from public officials implied fiduciary duty to make governmental decisions in the public interest. Private-sector intangible rights arise out of fiduciary relationships. The intangible-rights doctrine is codified at 18 USCA § 1346. - Also termed honest-services doctrine. |
integer(in-ta-jar), adj. [Latin] Archaic. Whole; untouched. See RES NOVA. |
integrated agreementSee INTEGRATED CONTRACT. |
integrated agreementSee INTEGRATED CONTRACT. |
integrated barA bar association in which membership is a statutory requirement for practicing law; a usu. statewide organization oflawyers in which member-ship is compulsory in order for a lawyer to have a law license. - Also termed unified bar. |
integrated barSee BAR. |
integrated contractOne or more writings constituting a final expression of one or more terms of an agreement. Also termed integrated agreement; integrated writing. See INTEGRATION (2). |
integrated contractSee INTEGRATED CONTRACT. |
integrated property settlementSee PROPERTY SETTLEMENT (2). |
integrated writingSee INTEGRATED CONTRACT. |
integration1. The process of making whole or combining into one. 2. Contracts. The full expression of the parties agreement, so that all earlier agreements are superseded, the effect being that neither party may later contradict or add to the contractual terms. Also termed merger. See PAROL-EVIDENCE RULE. |
integration clauseA contractual provision stating that the contract represents the parties complete and final agreement and supersedes all informal understandings and oral agreements relating to the subject matter of the contract. Also termed merger clause; entire-agreement clause. See INTEGRATION (2); PAROLEVIDENCE RULE. |
integration ruleThe rule that if the parties to a contract have embodied their agreement in a final document, any other action or statement is without effect and is immaterial in determining the terms of the contract. See PAROL EVIDENCE RULE. |
integrity rightThe right of authors and artists to insist that their creative works not be changed without their authorization. Integrity is one of the moral rights of the moral rights of artists recognized in civil-law countries, including much of Europe, but largely unavailable in the United States. Cf. MORAL RIGHT; ATTRIBUTION RIGHT. |
intellectual property1. A category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes trade-secret rights, publicity rights, moral rights, and rights against unfair competition. 2. A commercially valuable product of the human intellect, in a concrete or abstract form, such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret. - Abbr. IP. "While there is a close relationship between intangible property and the tangible objects in which they are embodied, intellectual property rights are distinct and separate from property rights in tangible goods. For example, when a person posts a letter to someone, the personal property in the ink and parchment is transferred to the recipient .... [Tlhe sender (as author) retains intellectual property rights in the letter." Lionel Bently & Brad Sherman, Intellectual Property Law 1-2 (2001). |
intellectual propertySee INTELLECTUAL PROPERTY. |
intemperanceA lack of moderation or temperance; esp., habitual or excessive drinking of alcoholic beverages. |
intend1. To have in mind a fixed purpose to reach a desired objective; to have as ones purpose <Daniel intended to become a lawyer>. 2. To contemplate that the usual consequences of ones act will probably or necessarily follow from the act, whether or not those consequences are desired for their own sake <although he activated the theaters fire alarm only on a dare, the jury found that Wilbur intended to cause a panic>. 3. To signify or mean <the parties intended for the writing to supersede their earlier handshake deal>. |
intendant(in-ten-dant). A director of a government agency, esp. (as used in 17th- and 18th-century France) a royal official charged with the administration of justice or finance. |
intended beneficiaryA third-party benefi-ciary who is intended to benefit from a contract and thus acquires rights under the contract as well as the ability to enforce the contract once those rights have vested. Also termed direct beneficiary. Cf. inciden-tal beneficiary. |
intended beneficiarySee BENEFICIARY. |
intended childThe child who is intended to result from a surrogacy contract. See surrogate parent under PARENT; surrogate mother under MOTHER; intentional parent under PARENT; legal father under FATHER; SURROGACY CONTRACT. |
intended childSee CHILD. |
intended parentSee intentional parent. |
intended parentSee intentional parent under PARENT. |
intended to be recorded(Of a deed or other instrument) not yet filed with a public registry, but forming a link in a chain of title. |
intended-use doctrineProducts liability. The rule imposing a duty on a manufacturer to develop a product so that it is reasonably safe for its intended or foreseeable users. In determining the scope of responsibility, the court considers the defendants marketing scheme and the foreseeability of the harm. |
intendment(in-tend-mant). 1. The sense in which the law understands something <the intendment of a contract is that the contract is legally enforceable>. Also termed intendment of law. 2. A decision-makers inference about the true meaning or intention of a legal instrument <there is no need for intendment, the court reasoned, when the text of the statute is clear>. Formerly also spelled entendment. |
intent1. The state of mind accompanying an act, esp. a forbidden act. While motive is the inducement to do some act, intent is the mental resolution or determination to do it. When the intent to do an act that violates the law exists, motive becomes immaterial. Cf. MOTIVE; SCIENTER. "The phrase with intent to, or its equivalents, may mean anyone of at least four different things: (1) That the intent referred to must be the sole or exclusive intent; (2) that it is sufficient if it is one of several concurrent intents; (3) that it must be the chief or dominant intent, any others being subordinate or inCidental; (4) that it must be a determining intent, that is to say, an intent in the absence of which the act would not have been done, the remaining purposes being insuffiCient motives by themselves. It is a question of construction which of those meanings is the true one in the particular case." John Salmond, Jurispru, dence 383-84 (Glanville L. Williams ed., 10th ed. 1947). |
intent of the legislatureSee LEGISLATIVE INTENT. |
intent to killSee INTENT (1). |
intent to killAn intent to cause the death of another; esp., a state of mind that, if found to exist during an assault, can serve as the basis for an aggravated-assault charge. |
intent to publishDefamation. The intent to communicate (defamatory words, etc.) to a third person or with knowledge that the communication will probably reach third persons. See PUBLISH (2). |
intent to useSee BONA FIDE INTENT TO USE. |
intentio(in-ten-shee-oh). [Latin]l. Roman law. The part of a formula in which the plaintiffs claim against the defendant is stated. See FORMULA (1). 2. A count or declaration in a real action. Intentio was an earlier name for narratio. See NARRATIO. PI. intentiones (in-ten-shee-oh-neez). |
intentionThe willingness to bring about something planned or foreseen; the state of being set to do something. intentional, adj. "Intention is the purpose or design with which an act is done. It is the foreknowledge of the act, coupled with the desire of it, such foreknowledge and desire being the cause of the act, inasmuch as they fulfil themselves through the operation of the will. An act is intentional if, and in so far as, it exists in idea before it exists in fact, the idea realising itself in the fact because of the desire by which it is accompanied." John Salmond, Jurisprudence 378 (Glanville L. Williams ed., 10th ed. 1947). "Intention. This signifies full advertence in the mind of the defendant to his conduct, which is in question, and to its consequences, together with a desire for those consequences." P.H. Winfield, A Textbook of the Law of Tort § 10, at 19 (5th ed. 1950). |
intentionaladj. Done with the aim of carrying out the act. |
intentional actAn act resulting from the actor's will directed to that end. An act is intentional when it is foreseen and desired by the doer, and this foreSight and desire resulted in the act through the operation of the will. |
intentional actSee ACT. |
intentional fatherSee intentional parent under PARENT. |
intentional fatherSee intentional parent under PARENT. |
intentional fraudSee FRAUD (1). |
intentional infliction of emotional distressThe tort of intentionally or recklessly causing another person severe emotional distress through ones extreme or outrageous acts. In a few jurisdictions, a physical manifestation of the mental suffering is required for the plaintiff to recover. Abbr. IIED. Also termed (in some states) outrage. See EMOTIONAL DISTRESS. Cf. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. |
intentional invasionSee INVASION. |
intentional invasionA hostile or forcible encroachment on anothers interest in the use or enjoyment of property, esp. real property, though not necessarily inspired by malice or ill will. 2. The incursion of an army for conquest or plunder. 3. A withdrawal from principal. In the third sense, the term is used as a metaphor. - invade, vb. |
intentional manslaughterSee voluntary manslaughter under MANSLAUGHTER. |
intentional motherSee intentional parent under PARENT. |
intentional parentSee PARENT. |
intentional parent.The person whose idea it is to have and raise a child and who (1) enters into a surrogacy contract with a surrogate mother, and (2) is the legal parent of the child regardless of any genetic link to the child. Also termed intended parent. See intended child under CHILD. |
intentional tortSee TORT. |
intentional wrongSee WRONG. |
intentional-injury exclusionSee expectedlintended exclusion under EXCLUSION (3). |
intent-to-use applicationSee TRADEMARK APPLICATION. |
inter(in-tar), prep. [Latin] Among. |
inter alia(in-tar ay-lee-a or ah-lee-a), adv. [Latin]. Among other things. |
inter alios(in-tar ay-lee-as or ah-lee-as), adv. [Latin]. Among other persons. |
inter apices juris(in-tar ay-pa-seez [or ap-a-seez] joor-is), adv. [Law Latin] Among the subtleties of the law. See APEX fURlS. |
inter conjuges(in-tar kahn-ja-geez), adv. & adj. [Law Latin] Between husband and wife. |
inter naturalia feudi(in-tar nach-a-ray-lee-a [fyoo-di). [Law Latin] Scots law. Among the things naturally arising from a feu. Such items include payment of duties and stipulated services to be performed for the superior. Sometimes shortened to inter naturalia. |
inter pares(in-tar pair-eez), adv. & adj. [Latin] Between peers; between people in an equal position. |
inter partes(in-tar pahr-teez), adv. [Latin "between parties"]. Between two or more parties; with two or more parties in a transaction. inter partes, adj. |
inter partes reexaminationA reexamination procedure, created in 1999, that allows a challenger to initiate a review by producing prior art, to respond to a patentee s statements regarding the new prior art, to address the patentee s responses to any office actions, and to request a hearing. Both parties must serve each other with documents filed in the proceeding, but there is no discovery and witnesses are not examined. Either party may appeal the PTO s final decision on patentability. Inter partes reexamination is available to patents that issue from original applications that were filed on or after November 29, 1999. See 35 USCA §§ 311-318. Cf. ex parte reexamination. |
inter partes reexaminationSee REEXAMINATION. |
inter quattuor parietes(in-tar kwah-too-ar pa-ri-a-teez), adv. & adj. [Law Latin] Within the four walls. |
inter regalia(in-tar ri-gay-lee-a). adj. [Latin] Included in the royal powers or prerogatives; among other things belonging to the sovereign. Also termed in patrimonio principis. See REGALIA. |
inter rusticos(in-tar ras-ti-kohs), adv. [Latin] Among the unlearned. |
inter se(in-tar see or say). [Latin "between or among themselves"]. (Of a right or duty) owed between the parties rather than to others. Also termed inter sese (in-tar see-see). "[T]he law of nations is, or at least includes, a branch of natural law, namely, the rules of natural justice as applicable to the relations of states inter se." John Salmond, Juris prudence 32 (Glanville L. Williams ed., 10th ed. 1947). |
inter se doctrineThe now-defunct doctrine that relations between members of the British Commonwealth were in no circumstances international and were incapable of giving rights and duties under international law. |