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irrepleviable (i-ra-plev-ee-a-bal), adj. (Of property) not capable of being repleVied. Formerly also spelled irreplevisable. Cf. REPLEVIABLE.

irresistible force See FORCE.

irresistible force Force that cannot be foreseen or controlled, esp. that which prevents the performance of a contractual obligation; FORCE MAJEURE.

irresistible superhuman cause See ACT OF GOD.

irresistible violence Archaic. See VIS MAJOR.

irresistible-impulse test A test for insanity, holding that a person is not criminally responsible for an act if mental disease prevented that person from controlling potentially criminal conduct. The few jurisdictions that have adopted this test have combined it with the McNaghten rules. Also termed control test; volitional test. See INSANITY DEFENSE; MCNAGHTEN RULES. "The first reaction of the legal profession to the irresistible impulse defense, when it was introduced to the law many years ago, was inclined to be favorable. Then a change set in and for many years the prevailing view was strongly against its recognition. Present indications are that the tide is changing again. There seems to be a growing belief to the effect that ignoring the possibility of such a defense fails to give full recognition to the fundamental concept of mens rea." Rollin M. Perkins & Ronald N. Boyce, Criminal Law975 (3d ed. 1982).

irretrievable breakdown of the marriage A ground for divorce that is based on incompatibility between marriage partners and in many states is the sole ground for no-fault divorce. Also termed irretrievable breakdown; irremediable breakdown of the marriage; irremediable breakdown. Cf. IRRECONCILABLE DIFFERENCES; INCOMPATIBILITY.

irrevocable (i-rev-a-ka-bal), adj. Unalterable; committed beyond recall. - irrevocability, n.

irrevocable guaranty (i-rev-a-ka-bal). A guaranty that cannot be terminated unless the other parties consent.

irrevocable guaranty See GUARANTY.

irrevocable letter of credit See LETTER OF CREDIT.

irrevocable offer See OFFER.

irrevocable offer (i-rev-a-ka-bal). An offer that includes a promise to keep it open for a specified period, during which the offer cannot be withdrawn without the offeror s becoming subject to liability for breach of contract. Traditionally, this type of promise must be supported by consideration to be enforceable but under DCC § 2-20S, a merchant s signed, written offer giving assurances that it will be held open but lacking consideration is nonetheless irrevocable for the stated period (or, if not stated, for a reasonable time not exceeding three months). Also termed (in the DCC) firm offer; (specif.) merchant s firm offer. It has sometimes been asserted that an irrevocable offer is a legal impossibility. See Langdell, Summary of the Law of Contracts, § 178, also § 4 Wormser The True Conception of Unilateral Contracts 26 Yale Law Journal, 137, note; Lee Title Contracts, in Jenks Dig of Eng. Civ. Law, § 195; Ashley, Contracts, § 13, A close analysis shows that there is nothing impossible either in the conception it self or in its application. If we define offer as an act on the part of the offeror. then no offer can ever be revoked, for it is of yesterday it is indeed factum. But if we mean by offer the legal relation that results from the offeror s act the owerthen given to the offeree of creating contractual relations by doing certain voluntary acts on his part, then the offer may be either revocable or irrevocable according I to the circumstances. The idea of an irrevocable power is I not at all an unfamiliar one. William R. Anson, Principles of the Law of Contract 53-54 n.3 (Arthur L. Corbin ed 3d Am. ed. 1919).

irrevocable power of attorney (i-rev-a-ka-bal). A power ofattorney that the principal cannot revoke. Also termed power of attorney coupled with an interest. See power coupled with an interest under POWER (3).

irrevocable power of attorney See POWER OF ATTORNEY.

irrevocable trust See TRUST.

irrigation district A quasi-political subdivision or agency established to develop, preserve, and conserve water for the benefit and use of the districts residents.

irritancy The action of rendering void or the state of being rendered void.

irritant adj. Civil law. Rendering void.

irritant clause A deed term providing that if the deeds holder performs an act specifically prohibited by the deed, the act or deed is automatically nullified.

irrogare (i-ra-gair-ee), vb. [Latin] Civil law. To inflict a penalty; to make or ordain, as a law.

irrotulatio (i-rah-cha-lay-shee-oh). [Law Latin) An enrollment; an entry on a record.

IRS abbr. INTERNAL REVENUE SERVICE.

IRV See instant-runoff voting under VOTING.

is qui cognoscit (is kwi cog-nos-it). [Latin "he who recognizes"]. The cognizor in a fine. See COGNIZOR; FINE (1).

is qui cognoscitur (is kwi cog-nos-a-tar). [Latin "he who is recognized"]. A cognizee in a fine. See COGNIZEE; FINE (1).

is qui omnino desipit (is kwi om-ni-noh dee-sip-it). [Latin]. One who is completely void of reason. The phrase appeared in reference to an insane person, not an idiot.

ISCGS abbr. INTERNATIONAL SCHEDULE OF CLASSES OF GOODS AND SERVICES.

ish 1. An exit. This appears in the phrase "ish and entry," often used in a lease, license, etc., to give someone the right to use necessary ways and passages to pass through anothers property, esp. to reach a church or marketplace. 2. The expiration of a lease, license, etc.; the end of a period of time.

island (bef. 12c). A tract ofland surrounded by water but smaller than a continent; esp., land that is continually surrounded by water and not submerged except during abnormal circumstances.

ISO abbr. 1. Incentive stock option. See STOCK OPTION (2). 2. INSURANCE SERVICES OFFICE.

ISO-day rnle. Criminal procedure 1. A rule that, in some jurisdictions, allows a person charged with a felony to be released on personal recognizance if the person has been in jail for 180 days without being brought to trial, and if the delay has not resulted from the defendant s own actions. 2. A rule requiring all pending charges against a prison inmate to be brought to trial in 180 days or to be dismissed with prejudice.

isolated sale An infrequent or one-time sale that does not carry an implied warranty of merchantability because the seller is not a merchant with respect to goods of that kind. UCC § 2-314(1).

isolated sale See SALE.

isolating A parents or caregivers pattern of cutting a child off from normal social experiences, preventing the child from forming friendships, or making the child believe that he or she is alone in the world. Cf. IGNORING; REJECTING.

ISP abbr. INTERNET SERVICE PROVIDER.

issuable 1. Capable of being issued <an issuable writ>. 2. Open to dispute or contention <an issuable argument>. 3. Possible as an outcome <an award as high as $5 million is issuable in this case>.

issuable defense See DEFENSE (1).

issuable defense Cornman-law pleading. A plea on the merits setting forth a legal defense. Cf. issuable plea under PLEA (3).

issuable plea A plea on the merits presenting a cognizable complaint to the court. Cf. issuable defense under DEFENSE (1).

issuable plea See PLEA (3).

issue 1. A point in dispute between two or more parties. - In an appeal, an issue may take the form of a separate and discrete question oflaw or fact, or a combination of both. "In federal civil procedure, an issue is a single, certain, and material point arising out of the allegations and contentions of the parties; it is matter affirmed on one side and denied on the other, and when a fact is alleged in the complaint and denied in the answer, the matter is then put in issue between the parties." 3SA CJ.S. Federal Civil Procedure § 357, at 541 (1960).

issue 1. To accrue <rents issuing from land> 2. To be put forth officially <without probable cause, the search warrant will not issue> 3. To send out or distribute officially <issue process> <issue stock>. - issuance, n.

issue estoppel See COLLATERAL ESTOPPEL.

issue fee The charge that an inventor must pay the U.S. Patent and Trademark Office before an allowed patent application can be issued as a patent.

issue female 1. Female descendants. 2. A female whose descent from a specified ancestor is traceable through the direct female line. See tail female under TAIL.

issue male 1. Male descendants. 2. A male whose descent from a specified ancestor is traceable through the direct male line. See tail male under TAIL.

issue of fact A point supported by one partys evidence and controverted by anothers. - Also termed fact issue.

issue of law A point on which the evidence is undisputed, the outcome depending on the courts interpretation of the law. Also termed legal issue.

issue pleading See PLEADING (2).

issue preclusion See COLLATERAL ESTOPPEL.

issue roll A court record on which the issues in contested matters are briefly noted. This practice was abolished in 1834. See INCIPITUR.

issued stock Capital stock that has been authorized and sold to subscribers, but may be reacquired, such as treasury stock.

issued stock See STOCK.

issuer 1. A person or entity (such as a corporation or bank) that issues securities, negotiable instruments, or letters of credit. 2. A bailee that issues negotiable or nonnegotiable documents of title.

Isuggestion of death A pleading filed by a party, or the partys representatives, by which the court is notified that a party to a suit has died.

ITA abbr. INTERNATIONAL TRADE ADMINISTRATION.

ita lex scripta est (I-ta leks skrip-ta est). [Latin]. So the law is written. This expression means that the law must be obeyed despite the apparent rigor of its application. The idea is that we must be ontent with the law as it stands, without inquiring into its reasons. Sometimes shortened to ita scripta est ["so it is written"]. "If practice be the whole he is taught, practice must also be the whole he will ever know: if he be uninstructed in the elements and first principles upon which the rule of practice is founded, the least variation from established precedents will totally distract and bewilder him: ita lex scripta est is the utmost his knowledge will arrive at; he must never aspire to form, and seldom expect to comprehend, any arguments drawn a priori, from the spirit of the laws and the natural foundations of justice." 1 William Blackstone, Commentaries on the Laws of England 32 (1765).

ita te Deus adjuvet (I ta-tee dee-as aj-a-vet). [Latin]. So help you God. An old form of administering an oath in England, usu. in connection with other words, such as: Ita Ie Deus adjuvet, et sacrosancta Dei Evangelia ("So help you God, and Gods holy gospels"), and Ita te Deus adjuvet et omnes saneti ("So help you God and all the saints").

ITC See investment tax credit under TAX CREDIT.

item 1. A piece of a whole, not necessarily separated. 2. Commercial law. A negotiable instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by division 11 of the VCC or a credit- or debit-card slip. VCC 4-104(a)(9).

item veto See line-item veto under VETO.

itemize To list in detail; to state by items <an itemized bill>.

itemized deduction See DEDUCTION.

itemized deduction An expense (such as a medical expense, home-mortgage interest, or a charitable contribution) that can be subtracted from adjusted gross income to determine taxable income.

iter (I-tar or it-ar), n. [Latin]. 1. Roman law. A rural servitude that allowed the holder to walk or ride on horseback (but not drive a draft animal) through anothers land. - Also termed servitus itineris (sar-vi-tas I-tin-ar-is). Cf. ACTUS (3); VIA (2).2. A journey; esp., a circuit made by an eyre justice. See EYRE.

itinerant vendor See VENDOR.

itinerate (I-tin-a-rayt), vb. (Of a judge) to travel on a circuit for the purpose of holding court. See CIRCUIT. itineration, n. itinerant, adj. & n.

ITS abbr. Institute for Telecommunication Sciences. See NATIONAL TELECOMMUNICATIONS AND IKFORMATION ADMINISTRATION.

iudex (yoo-deks). [Latin]. See JUDEX.

iudicum reiectio See JUDICUM REJECTIO.

iudicum sortitio See JUDICUM SORTITIO.

iudicum subsortitio See JUDlCUM SUBSORTITIO.

ius (yas aryoos). [Latin "law, right"] See JUS.

ius praetorium See LEX PRAETORIUM.

ius primae noctis See MARCHETUM.

ius provocationis See JUS PROVOCATIONIS.

iustae nuptiae See JUSTAE NUPTIAE.

IVA abbr. See INDIVIDUAL VOLUNTARY ARRANGEMENT.

IV-D agency See CHILD-SUPPORT-ENFORCEMENT AGENCY.

IVF abbr. IN VITRO FERTILIZATION.

J abbr. 1. JUDGE. 2. JUSTICE (2).3. JUDGMENT. 4. JUS. 5. JOURNAL.

J.D abbr. JURIS DOCTOR.

J.N abbr. JOHN-A-NOKES.

J.P abbr. JUSTICE OF THE PEACE.

J.P Stevens test. Patents. A two-part test to determine whether a patent-applicants conduct amounted to inequitable conduct before the Patent and Trademark Office, by deciding (1) whether the threshold levels of materiality and intent are met, and (2) whether, on balance, the facts show inequitable conduct as a matter of law. J.P. Stevens v. Lex Tex Ltd., 747 F.2d 1553 (Fed. Cir. 1984). In the balance, information that is clearly material or conduct that is clearly deceptive can decide the outcome.

J.P. court See justice court under COURT.

j.p. court See justice court.

J.S abbr. JOHN-A-STILES.

J.S.D [Law Latin juris scientiae doctor] abbr. DOCTOR OF JURIDICAL SCIENCE.

J.U.D [Law Latin juris utriusque doctor "doctor of both laws"]. abbr. A doctor of both civil and canon law.

JA abbr. 1. JUDGE ADVOCATE. 2. See joint account under ACCOUNT.

Jac abbr. Jacobus the Latin form of the name James, used principally in citing statutes enacted during the reigns of English kings of that name (e.g., "St. 1, Jac. 2").

jacens (jay-senz). [Latin]. Lying; fallen; in abeyance. See hereditas jacens under HEREDITAS.

jackpot justice The awarding of enormous and apparently arbitrary damages to plaintiffs, thereby making the plaintiffs wealthy and encouraging others to file lawsuits seeking excessive damages for even minor actual harm.

Jackson standard The principle that the standard of review on appeal when a criminal defendant claims that there is insufficient evidence to support the conviction - is to determine whether, after considering the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781 (1979).

Jackson v. Denno hearing See JACKSON-DENNO HEARING.

Jackson-Denno hearing See JACKSON-DENNO HEARING.

Jackson-Denno hearing A court proceeding, held outside the jurys presence to determine whether the defendants confession was voluntary and therefore admissible as evidence. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774 (1964). - Also termed Jackson v. Denno hearing.

Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act A 1989 federal statute requiring each state to create a sexoffender registry of sexually violent offenders, particularly those who have been convicted of sex crimes against minors, and to disclose information about registered sex offenders for public-safety purposes. The Act mandates a minimum registration period of 10 years, beginning on the offenders date of release from custody or supervision. It was amended in 1996 by Megans Law, which added the disclosure requirement. See 42 USCA § 14071. The Act was named for 11-year-old Jacob Wetterling of Minnesota, who was abducted by a stranger in 1989. During the immediate search for Jacob, law-enforcement officers discovered that many of the countys halfway houses sheltered sex offenders from another county. Jacob was never found. - Often shortened to Jacob Wetterling Act or Wetterling Act. Cf. MEGANS LAW.