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invocation

1. The act of calling upon for authority or justification. 2. The act of enforcing or using a legal right <an invocation of the contract clause>.

invoice

An itemized list of goods or services furnished by a seller to a buyer, usu. specifying the price and terms of sale; a bill of costs. invoice, vb.

invoice book

A journal into which invoices are copied.

involuntary

Not resulting from a free and unrestrained choice; not subject to control by the will. involuntariness, n. "[T]he law, like everyday thought, usually confines the notion of invo!untaryto that subclass of cases which involve purely physical, physiological, or psychological movements of our limbs, like reflexes and convulsions, movements in sleep, during sleepwalking, or under hypnosis, or due to some disease of the brain, lunacy, or automatism." Alan R. White, Grounds of Liability 60-61 (1985).

involuntary alienation

Alienation against the wishes of the transferor, as by attachment. Also termed involuntary conveyance.

involuntary alienation

See ALIENATION.

involuntary bailment

A bailment that arises when a person accidentally, but without any negli-gence, leaves personal property in another's possession. An involuntary bailee who refuses to return the property to the owner may be liable for conver-sion. Also termed involuntary deposit. See aban-doned property, lost property, mislaid property under PROPERTY. Cf. constructive bailment.

involuntary bailment

See BAILMENT.

involuntary bankruptcy

A bankruptcy case commenced by the debtor's creditors (usu. three or more), or, if the debtor is a partnership, by fewer than all the general partners. 11 USCA § 303(b). - Also termed involuntary proceeding.

involuntary bankruptcy

See BANKRUPTCY.

involuntary confession

A confession induced by the police or other law-enforcement authorities who make promises to, coerce, or deceive the suspect.

involuntary confession

See CONFESSION.

involuntary conversion

See CONVERSION (2).

involuntary conversion

The loss or destruction of property through theft, casualty, or condemnation.

involuntary conveyance

See involuntary alienation under ALIENATION.

involuntary deposit

A deposit made by accidentally leaving or placing personal property in another's possession. See involuntary bailment under BAILMENT.

involuntary deposit

1. See DEPOSIT (5). 2. See involuntary bailment under BAILMENT.

involuntary dismissal

A court's dismissal of a lawsuit because the plaintiff failed to prosecute or failed to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b).

involuntary dismissal

See DISMISSAL (1).

involuntary dissolution

The termination of a corporation administratively (for failure to file reports or pay taxes), judicially (for abuse of corporate authority, management deadlock, or failure to pay creditors), or through involuntary bankruptcy.

involuntary dissolution

See DISSOLUTION.

involuntary euthanasia

See EUTHANASIA.

involuntary euthanasia

Euthanasia of a competent, nonconsenting person.

involuntary gap claim

A claim that accrues in the ordinary course of business after an involuntary bankruptcy petition has been filed but before the order for relief or the appointment of a trustee .The Bankruptcy Code gives priority to creditors with claims of this type to encourage creditors to continue dealing with a debtor until the debtor has a chance to challenge the involuntary petition.

involuntary gap claim

See CLAIM (5).

involuntary intoxication

The ingestion of alcohol or drugs against ones will or without ones knowledge. Involuntary intoxication is an affirmative defense to a criminal or negligence charge.

involuntary intoxication

See INTOXICATION.

involuntary lien

See LIEN.

involuntary manslaughter

See MANSLAUGHTER.

involuntary nonsuit

See NONSUIT (2).

involuntary payment

See PAYMENT.

involuntary payment

A payment obtained by fraud or duress.

involuntary petition

A petition filed in a bankruptcy court by a creditor seeking to declare a debtor bankrupt. This petition may be filed only under Chapter 7 or Chapter 11 of the Bankruptcy Code.

involuntary petition

See PETITION.

involuntary plaintiff

A plaintiff who is joined in a lawsuit by court order when the party s joinder is imperative for the litigation and the party is subject to the court s jurisdiction but refuses to join the suit voluntarily. Under Federal Rule of Civil Procedure 19(a), a party is usu. joined as a defendant but may be joined as an involuntary plaintiff in "a proper case."

involuntary plaintiff

See PLAINTIFF.

involuntary proceeding

See involuntary bankruptcy under BANKRUPTCY.

involuntary proceeding

See involuntary bankruptcy under BANKRUPTCY.

involuntary servitude

The condition of one forced to labor for payor not for another by coercion or imprisonment.

involuntary servitude

See SERVITUDE (4).

involuntary stranding

See accidental stranding under STRANDING.

involuntary suretyship

A suretyship that arises incidentally, when the chief object of the contract is to accomplish some other purpose.

involuntary suretyship

See SURETYSHIP.

involuntary trust

See constructive trust under TRUST.

IO mortgage

See interest-only mortgage under MORTGAGE.

IOLTA

(I-ohl-ta). abbr. INTEREST ON LAWYERS TRUST ACCOUNTS.

IOU

(I-oh-yoo). [abbr. "I owe you"]. 1. A memorandum acknowledging a debt. 2. The debt itself. - Also termed due-bill.

IP

abbr. 1. INTELl.ECTUAL PROPERTY. 2. See interested party under PARTY (2). 3. See interested person under PERSON (1).

IPA

abbr. See INDEPENDENT-PRACTICE ASSOCIATION.

IPD

abbr. IN PRAESENTIA DOMINORUM.

IPO

See initial public offering under OFFERING.

ipse

(ip-see). [Latin "he himself"] The same; the very person.

ipse dixit

(ip-see dik-sit). [Latin "he himself said it"]. Something asserted but not proved <his testimony that she was a liar was nothing more than an ipse dixit>.

ipsissima verba

(ip-sis-a-ma var-ba). [Latin "the very (same) words"]. The exact words used by somebody being quoted <on its face, the ipsissima verba of the statute supports the plaintiffs position on the ownership issue>.

ipso facto

(ip-soh fak-toh). [Latin "by the fact itself"]. By the very nature of the situation <if 25% of all contractual litigation is caused by faulty drafting, then, ipso facto, the profession needs to improve its drafting skills>.

ipso facto clause

A contract clause that specifies the consequences of a partys bankruptcy. The Bankruptcy Code prohibits enforcement of such clauses. Also termed bankruptcy clause.

ipso jure

(ip-soh joor-ee). [Latin "by the law itself"]. By the operation of the law itself <despite the parties actions, the property will revert to the state, ipso jure, on May 1>.

ipsum corpus

(ip-sam kor-pas). [Latin] Roman law. The thing itself. The phrase typically referred to a specific item that had to be delivered to a purchaser or legatee.

IRA

(I-ahr-ay or I-ra). abbr. INDIVIDUAL RETIREMENT ACCOUNT.

ira motus

(I-ra moh-tas), adj. [Latin] Moved or excited by anger or passion. This term was formerly used in the plea of son assault demesne.

IRAC

(I-rak). A mnemonic acronym used mostly by law students and their writing instructors, esp. as a method of answering essay questions on law exams. The acronym is commonly said to stand for either (1) issue, rule, application, conclusion, or (2) issue, rule, analysis, conclusion.

IRC

abbr. INTERNAL REVENUE CODE.

IRD

See income in respect of a decedent under INCOME.

ire ad largum

(I-ree ad lahr-gam), vb. [Latin] To go at large; Le., to be released from judicial restraint.

iron-safe clause

A provision in a fire-insurance policy requiring the insured to preserve the books and inventory records of a business in a fireproof safe.

IRR

See internal rate ofreturn under RATE OF RETURN.

irrational

adj. Not guided by reason or by a fair consideration of the facts <an irrational ruling>. See ARBITRARY.

irrebuttable presumption

See conclusive presumption.

irrebuttable presumption

See conclusive presumption under PRESUMPTION.

irreconcilable differences

Persistent and unresolvable disagreements between spouses, leading to the breakdown of the marriage. These differences may be cited - without specifics - as grounds for no-fault divorce. At least 33 states have provided that irreconcilable differences are a basis for divorce. Cf. IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE; INCOMPATIBILITY.

irrecusable

adj. (Of an obligation) that cannot be avoided, although made without ones consent, such as the obligation to not strike another without some lawful excuse. Cf. RECUSABLE (1).

irredeemable bond

See annuity bond under BOND (3).

irredeemable bond

See annuity bond.

irredeemable ground rent

See ground rent (2).

irredeemable grouud rent

See ground rent (2) under RENT (1).

irrefragable

(i-ref-ra-ga-bal), adj. Unanswerable; not to be controverted; impossible to refute <the defense feebly responded to the prosecutions irrefragable arguments>.

irregular

adj. Not in accordance with law, method, or usage; not regular.

irregular heir

Louisiana law. A person or entity who has a statutory right to take property from an estate in default of the testamentary or legal heirs.

irregular heir

See HEIR.

irregular indorsement

An indorsement by a person who signs outside the chain of title and who therefore is neither a holder nor a transferor of the instrument. An irregular indorser is generally treated as an accommodation party. Also termed anomalous indorsement;full indorsement. See ACCOMMODATION PARTY.

irregular indorsement

See INDORSEMENT.

irregular judgment

See JUDGMENT.

irregular judgment

A judgment that may be set aside because of some irregularity in the way it was rendered, such as a clerks failure to send a defendant notice that a default judgment has been rendered.

irregular process

A process not issued in accordance with prescribed practice. Whether the process is void or merely voidable depends on the type of irreglarity. Cf. regular process.

irregular process

See PROCESS.

irregular succession

See SUCCESSION (2).

irregular succession

Succession by special laws favoring certain persons or the state, rather than heirs (such as testamentary heirs) under the ordinary laws of descent.

irregularity

1. Something irregular; esp., an act or practice that varies from the normal conduct of an action. 2. Eccles. law. An impediment to clerical office.

irrelevance

1. The quality or state of being inapplicable to a matter under consideration. - Also termed irrelevancy. 2. IRRELEVANCY (1).

irrelevancy

1. Something not relevant. - Also termed irrelevance. 2. IRRELEVANCE (1).

irrelevant

(i-rel-a-vant), adj. 1. (Of evidence) having no probative value; not tending to prove or disprove a matter in issue. - Also termed impertinent. Cf. IMMATERIAL. 2. (Of a pleaded allegation) having no substantial relation to the action, and will not affect the courts decision. - irrelevance, n.

irrelevant evidence

See EVIDENCE.

irrelevant evidence

Evidence not tending to prove or disprove a matter in issue. Fed. R. Evid. 401-403. Also termed impertinent evidence. See IRRELEVANT.

irremediable breakdown of the marriage

See IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE.

irreparable damages

See DAMAGES.

irreparable damages

(i-rep-a-ra-baI). Damages that cannot be easily ascertained because there is no fixed pecuniary standard of measurement, e.g., damages for a repeated public nuisance. - Also termed nonpecuniary damages.

irreparable harm

See irreparable injury under INJURY.

irreparable injury

See INJURY.

irreparable injury

(i-rep-ar-a-bal). An injury that cannot be adequately measured or compensated by money and is therefore often considered remediable by injunction. Also termed irreparable harm; nonpecuniary injury. See IRREPARABLE-INJURY RULE. 'The term irreparable injury, however, is not to be taken in its strict literal sense. The rule does not require that the threatened injury should be one not physically capable of being repaired, If the threatened injury would be sub-stantial and serious one not easily to be estimated, or repaired by money and if the loss or inconvenience to the plaintiff if the injunction should be refused (his title proving good) would be much greater than any which can be suffered by the defendant through the granting of the injunction, although his title ultimately prevails, the case is one of such probable great or irreparable damage as will justify a preliminary injunction." Elias Merwin, Principles of Equity and Equity Pleading 426-27 (H.C. Merwin ed., 1896).

irreparable-injury rule

(i-rep-a-ra-bal). The principle that equitable relief (such as an injunction) is available only when no adequate legal remedy (such as monetary damages) exists. Although courts continue to cite this rule, they do not usu. follow it literally in practice. - Also termed adequacy test. "The irreparable injury rule has received considerable scholarly attention. In 1978. Owen Fiss examined the possible reasons for the rule and found them wanting, A vigorous debate over the economic wisdom of applying the rule to specific performance of contracts began about the same time, and soon came to center on the transaction costs of administering the two remedies. Both Fiss and Dan Dobbs have noted that the rule does not seem to be taken very seriously. and in a review of Fisss book, I argued that the definition of adequacy pulls most of the rules teeth. The Restatement (Second) of Torts dropped the rule from the blackletter and condemned it as misleading, but replaced it only with a long and unstructured list of factors to be considered. ......[M]any sophisticated lawyers believe that the rule continues to reflect a serious preference for legal over equitable remedies." Douglas Laycock, The Death of the Irreparable Injury Rule 9 (1991).

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