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interstate law

1. INTERNATIONAL LAW. 2. The rules and principles used to determine controversies between residents of different states.

interstate rendition

See RENDITION (2).

interstate trade

See interstate commerce under COMMERCE.

intersubjective zap

In critical legal studies, a so-called spontaneous moment of shared intuition. Also termed zap.

intertwining doctrine

The principle that if arbitrable and nonarbitrable claims arise from a single transaction and the claims are factually and legally mingled, a court can refuse to compel arbitration of any claims. This doctrine is of limited effect because the Federal Arbitration Act usu. preempts it.

intervener

See INTERVENOR.

intervening act

See intervening cause under CAUSE (1).

intervening agency

See intervening cause under CAUSE (1).

intervening cause

An event that comes between the initial event in a sequence and the end result, thereby altering the natural course of events that might have connected a wrongful act to an injury. If the intervening cause is strong enough to relieve the wrongdoer of any liability, it becomes a superseding cause. A dependent intervening cause is one that is not an act and is never a superseding cause. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. Also termed intervening act; intervening agency; interveningforce; independent intervening cause; efficient intervening cause; supervening cause; novus actus interveniens; nova causa interveniens. See superseding cause.

intervening cause

See CAUSE (1).

intervening damages

Continuing damages that accrue during the pendency and prosecution of an unsuccessful appeal. A lower court may include intervening damages in an award.

intervening damages

See DAMAGES.

intervening force

1. See FORCE. 2. See intervening cause under CAUSE (1).

intervening force

Force that actively produces harm to another after the actor's negligent act or omission has been committed.

intervening rights

An infringement defense based on the right of a person who practiced a patents broadened claims to continue practicing an invention, even though the inventions patent was reissued because of inadvertent claim errors in the original patent. 35 USCA § 252, second paragraph. Also termed doctrine of intervening rights.

intervenor

One who voluntarily enters a pending lawsuit because ofa personal stake in it. Also spelled intervener.

intervention

1. The entry into a lawsuit by a third party who, despite not being named a party to the action, has a personal stake in the outcome. See Fed. R. Civ. P. 24. The intervenor sometimes joins the plaintiff in claiming what is sought, sometimes joins the defendant in resisting what is sought, and sometimes takes a position adverse to both the plaintiff and the defendant. Cf. IMPLEADER; INTERPLEADER. 2. The legal procedure by which such a third party is allowed to become a party to the litigation. Formerly also termed (in senses 1 & 2) trial of right ofproperty. 3. One nations interference by force, or threat offorce, in another nations internal affairs or in questions arising between other nations. - intervene, vb. interventionary, adj. "Intervention mayor may not involve the use of force. It is frequently possible for a powerful state to impair the political independence of another weaker state without actually utilizing its armed forces. This result may be accomplished by lending open approval, as by the relaxation of an arms embargo, to a revolutionary group headed by individuals ready to accept the political or economic dominance of the intervening state. It may be accomplished by the withholding of recognition of a new government, combined with various forms of economic and financial pressure until the will of the stronger state prevails through the resignation or overthrow of the government disapproved." Philip C. Jessup, A Modern Law of Nations 172-73 (1949).

intervention duty

A shipowners obligation to remedy hazardous working conditions for longshore workers, even though the shipowner did not create the condition, when the shipowner knows of a nonobvious condition arising in an area that cannot be avoided by the longshore workers in performing their duties. Cf. ACTlVE-OPERATIONS DUTY; TURNOVER DUTY.

intervertere possessionem

(in-tar-var-tar-ee pa-zes[h]-ee-oh-nam). [Latin] Scots law. To intercept possession; to alter the possession. If a bailee received an item under a bailment and then stole the item, the bailee changed the nature of the possession.

interview-summary form

A US. Patent and Trademark Office form for noting in the record the contents of a conversation, by phone or in person, between a patent examiner and an applicant.

intestabilis

(in-tes-tay-ba-lis), adj. [Latin]. Disqualified from being a witness.

intestable

1. Not capable of being tested <an intestable DNA sample>. 2. Legally incapable of making a will or of benefitting under a will <an insane person is intestable in all states> <the slaying-statute makes killers intestable in relation to their victims>. 3. Disqualified from giving evidence, esp. testifying <the witness is intestable because of extreme youth>.

intestacy

(in-tes-ta-see). The state or condition of a persons having died without a valid wilL Cf. TESTACY.

intestate

(in-tes-tayt), adj. 1. Of or relating to a person who has died without a valid will <having revoked her will without making a new one, she was intestate when she died>. 2. Of or relating to the property owned by a person who died without a valid will <an intestate estate>. 3. Of or relating to intestacy <a spouses intestate share>. Cf. TESTATE. 4. Archaic. (Of a person) not qualified to testify <the witness could not testify after being found intestate>.

intestate

One who has died without a valid will. Cf. TESTATOR.

intestate law

The relevant statute governing succession to estates of those who die without a valid will.

intestate share

The share that the renouncer of a will would take in the decedents assets if the decedent had left no will affecting in any way the distribution of assets. 2. One of the definite number of equal parts into which the capital stock of a corporation or joint-stock company is divided <the broker advised his customer to sell the stock shares when the price reaches $29>. A share represents an equity or ownership interest in the corporation or joint-stock company. Cf. STOCK (4); SECURITY (4).

intestate share

See SHARE.

intestate succession

1. The method used to distribute property owned by a person who dies without a valid will. 2. Succession by the common law of descent. Also termed hereditary succession; descent and distribution. See DESCENT (1). Cf. testate succession.

intestate succession

See SUCCESSION (2).

intestato

(in-tes-tay-toh), adv. [Latin] Roman law. (Of a succession) without a will.

intestatus

(in-tes-tay-tas), n. & adj. [Latin] Roman law. An intestate; a person who dies without a will. This term had the same meaning in early English law.

intimate association, freedom of

See FREEDOM OF ASSOCIATION.

intimation

Notice of a legal obligation coupled with a warning of the penalties for failure to comply.

intimidation

Unlawful coercion; extortion. In England, intimidation was established as a tort in the 1964 case of Rookes v. Barnard, 1964 App. Cas. 1129 (P.C. 1964) (appeal taken from B.e.). intimidate, vb. - intimidatory, adj. intimidator, n. "The wrong of intimidation includes all those cases in which harm is inflicted by the use of unlawful threats whereby the lawful liberty of others to do as they please is interfered with. This wrong is of two distinct kinds, for the liberty of action so interfered with may be either that of the plaintiff himself, or that of other persons with resulting damage to the plaintiff." R.F.V. Heuston, Salmond on the Law of Torts 364 (17th ed. 1977).

intitle

vb. Archaic. See ENTITLE.

intoxicant

A substance (esp. liquor) that deprives a person of the ordinary use of the senses or of reason.

intoxication

A diminished ability to act with full mental and physical capabilities because of alcohol or drug consumption; drunkenness. See Model Penal Code § 2.08. -- intoxi¬cate, vb.

intoxication assault

See ASSAULT.

intoxication assault

An assault that occurs when an inebriated person causes bodily injury to another person.

intoxication manslaughter

See MANSLAUGHTER.

intoxilyzer

(in-tok-si-li-zar). See BREATHALYZER.

intoximeter

(in-tok-sim-a-tar). See BREATHALYZER.

intra

(in-tra), adv. & adj. [Latin) Within. Cf. INFRA. "The use of infra (below) in the sense and place of intra (within) is a corruption of very ancient date.... The expression under age (the correct literal translation of infra aetatem) indeed, is of more common occurrence than within age. But the use of infra in the sense of intra, as expressive of place, is an undoubted barbarism." 2 Alexander M. Burrill. A Law Dictionarv and Glossarv 75 (2d ed. 1867).

intra anni spatium

(in-tra an-i spay-shee-am), adv. & adj. [Latin] Within the space of a year.

intra familiam

(in-tra fa-mil-ee-am). [Latin]. Within the family. The phrase appeared in reference to the status of a child before being liberated from the fathers tutelage (forisfamiliation). Cf. EXTRA FAMILIAM.

intra fidem

(in-tra fi-dam), adj. [Latin) Within belief; credible.

intra fines commissi

(in-tra fi-neez ka-mis-i). [Law Latin]. Within the limits of the trust. The phrase appeared in reference to an agents actions committed within the limits of the agency.

intra legem

See EQUITY INTRA LEGEM.

intra luctus tempus

(in-tra lak-tas tem-pas), adv. & adj. [Latin] Within the time of mourning.

intra maenia

(in-tra mee-nee-a), adv. & adj. [Latin]. Within the walls (of a house). This term was used most commonly in reference to domestic servants.

intra parietes

(in-tra pa-ri-a-teez), adv. [Latin] Within ones own walls (i.e., in private). This phrase was formerly used most commonly in reference to matters settled out of court.

intra paternam familiam

(in-tra pa-tar-nam fa-mil-ee-am). [Law Latin]. Within the fathers family. Cf. EXTRA PATERNAM FAMILIAM.

intra quattuor maria

(in-tar kwah-too-ar mar-ee-a), adv. & adj. [Latin] Within the four seas.

intra trajectum

(in-tra tra-jek-tam), adv. & adj. [Latin] In the passage over; on the voyage over. Also spelled in traiectu.

intra triduum

(in-tra trij-[y]oo-am). [Latin]. Within three days.

intra vires

(in-tra vi-reez), adj. [Latin "within the powers (of)"]. Of or referring to an action taken within a corporations or persons scope of authority <calling a shareholders meeting is an intra vires function of the board of directors>. Cf. ULTRA VIRES. - intra vires, adv.

intracorporate conspiracy

See CONSPIRACY

intracorporate conspiracy

A conspiracy existing between a corporation and its own officers, agents, or employees. To be prosecutable under federal law, the conspiracy must involve at least two persons (i.e., not just the corporation and one person). 18 USCA § 371. A corporation cannot conspire with its employees, and its employees, acting in the scope of their employment, conspire among themselves. McAndrew v. Lockheed Martin Corp., 206 F.3d 1031, 1035 (11th Cir. 2000).

intraday

(in-tra-day), adj. Occurring within a single day.

intra-enterprise conspiracy

See CONSPIRACY.

intra-enterprise conspiracy

Antitrust. A conspiracy existing between two subsidiaries, divisions, or other parts of the same firm. Also termed bathtub conspiracy.

intragovernmenta

adj. Within a government; between a single governments departments or officials.

intraliminal right

(in-tra-lim-a-nal). Mining law. The privilege to mine ore in areas within the boundaries of a mineral claim. In contrast to an extralateral right, an intraliminal right does not give the holder the right to mine a vein of are outside the lease even if the vein lies mostly within the lease. Cf. APEX RULE.

intransitive covenant

See COVENANT (1).

intransitive covenant

A covenant whose performance does not pass from the original covenantor to the covenantor's representatives. Cf. transitive covenant.

intrastate commerce

Commerce that begins and ends entirely within the borders of a single state. Also termed internal commerce.

intrastate commerce

See COMMERCE.

intrinsec service

(in-trin-zik or -sik). The feudal services owed by a tenant to an immediate lord; the services arising from an agreement between the tenant and the lord. Also termed intrinsecum servitium (in-trin-si-kam sar-vish-ee-am).

intrinsic

(in-trin-zik or -sik), adj. Belonging to a thing by its very nature; not dependent on external circumstances; inherent; essential.

intrinsic ambiguity

See patent ambiguity.

intrinsic ambiguity

See patent ambiguity under AMBIGUITY.

intrinsic evidence

1. Evidence brought out by the examination of the witness testifying. 2. Evidence existing within a writing. Cf. extrinsic evidence (2).

intrinsic evidence

See EVIDENCE.

intrinsic fraud

See FRAUD.

intrinsic fraud

Deception that pertains to an issue involved in an original action. Examples include the use of fabricated evidence, a false return of service, perjured testimony, and false receipts or other commercial documents.

intrinsic test

A subjective, fact-driven test for infringement whereby the fact-trier gauges whether a reasonable person would perceive substantial similarities between two expressions. Cf. EXTRINSIC TEST.

intrinsic value

See VALUE (2).

introduce into evidence

To have (a fact or object) admitted into the trial record, allowing it to be considered by the jury or the court in reaching a decision.

introducta

(in-tra-dak-ta), n. [Latin] Roman law. Personal property brought into a leased apartment by the tenant. The lessor held a tacit mortgage over introducta to ensure payment of rent. Cf. INVECTA ET ILLATA.

introductory clause

See EXORDIUM.

introductory clause

The first paragraph of a contract, which typically begins with words such as "This Agreement is made on [date] between [parties names]." Also termed commencement; exordium.

introductory recital

See RECITAL.

introductory recital

(usu. pl.) A recital explaining how and why the existing state of affairs is to be altered.

intromission

(in-tra-mish-an). 1. The transactions of an employee or agent with funds provided by an employer or principal; loosely, dealing in the funds of another. 2. The act of handling or dealing with the affairs or property of another; the possession of anothers property, with or without legal authority.

intruder

A person who enters, remains on, uses, or touches land or chattels in anothers possession without the possessors consent.

intrusion

1. A persons entering without permission. See TRESPASS. 2. In an action for invasion of privacy, a highly offensive invasion of another persons seclusion or private life. - intrude, vb. intrusive, adj.

intrust

vb. Archaic. See ENTRUST.

intuitu matrimonii

(in-t[y]oo-a-t[y]oo ma-tra-moh-nee-i). [Latin]. In the prospect of marriage.

intuitu mortis

(in-t[y]oo-a-t[y]oo mor-tis). [Latin]. In the prospect of death.

intus habet

(in-tas hay-bat). [Law Latin]. Has in his own hands. The phrase appeared in reference to the presumption that the pupils money that is unaccounted for and held by the tutor is sufficient to offset any claim that the tutor may have against the pupil.

inundate

To overflow or overwhelm; esp., to flood with water.

inure

(in-yoor). 1. To take effect; to come into use <the settlement proceeds must inure to the benefit of the widow and children>. 2. To make accustomed to something unpleasant; to habituate <abused children become inured to violence>. Also spelled enure. inurement, n.

inurement

A benefit; something that is useful or beneficial <a taxable inurement to the benefit of a private person>.

inurit labem realem

(in-yuur-it lay-bam ree-ay-lam). [Law Latin] Scots law. Brands (a thing) with a real defect. See LABES REALIS.

invadiare

(in-vay-dee-air-ee), vb. [Law Latin]. To pledge or mortgage land.

invadiatio

(in-vay-dee-ay-shee-oh). [Law Latin]. A pledge or mortgage. Cf. VADIATIO.

invadiatus

(in-vay-dee-ay-tas). [Law Latin]. A person who is under a pledge.

invalid

(in-val-id), adj. 1. Not legally binding <an invalid contract>. 2. Without basis in fact <invalid allegations>.

invalid

(in-va-lid). A person who, because of serious illness or other disability, lacks the physical or mental capability of managing his or her day-to-day life.

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