Glossary of US Legal Terms I-L
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Impeachment: The process of charging a public official with misconduct, potentially leading to removal from office, or the act of attacking a witness’s credibility. The House of Representatives has the sole power to impeach, and the Senate conducts the trial. In evidence, impeachment may be through prior inconsistent statements, bias, character for untruthfulness, or contradiction.
Implied contract: A contract created by the parties’ conduct rather than express words, showing mutual assent to be bound. Implied in fact contracts arise from circumstances indicating agreement, while quasi-contracts (implied in law) are imposed to prevent unjust enrichment.
In camera: A Latin term meaning “in chambers,” referring to proceedings conducted in private, in the judge’s chambers. In camera review allows the court to examine documents for privilege or relevance without disclosing them to opposing counsel. The court may review confidential materials in camera to determine discoverability.
In flagrante delicto: A Latin term meaning “in blazing offense,” referring to catching a person in the act of committing a crime. This concept is relevant to warrantless arrests based on probable cause. The hot pursuit exception to the warrant requirement applies to in flagrante delicto situations.
In forma pauperis: A Latin term meaning “in the manner of a pauper,” allowing indigent litigants to proceed without paying court fees. Indigent criminal defendants have a constitutional right to proceed in forma pauperis. The court may dismiss frivolous in forma pauperis complaints.
In personam: A Latin term meaning “against the person,” referring to a court’s jurisdiction over a specific person or a lawsuit seeking personal judgment. In personam jurisdiction requires minimum contacts with the forum state. Judgments in personam are enforceable against the defendant’s assets.
In rem: A Latin term meaning “against the thing,” referring to a court’s jurisdiction over property or a lawsuit directed at property. In rem jurisdiction is based on the presence of property within the forum state. Admiralty and forfeiture actions are examples of in rem proceedings.
Inalienable rights: Rights that cannot be surrendered or transferred, such as those declared in the Declaration of Independence. These rights are inherent in human beings and cannot be alienated by contract or government action. The Constitution protects certain inalienable rights from government infringement.
Incorporation doctrine: The constitutional doctrine applying most Bill of Rights protections to the states through the Fourteenth Amendment’s Due Process Clause. The Supreme Court has selectively incorporated rights deemed fundamental to ordered liberty. Nearly all provisions of the Bill of Rights have been incorporated, including First Amendment freedoms, the right to counsel, and the privilege against self-incrimination.
Indeterminate sentence: A prison sentence with a range of time, leaving the actual release date to parole authorities. Indeterminate sentencing gives correctional officials discretion over release based on rehabilitation. This approach contrasts with determinate sentencing and mandatory minimums.
Indictment: A formal charging document issued by a grand jury, accusing a person of a criminal offense. The Fifth Amendment requires indictment for capital or infamous crimes. The indictment must contain a plain, concise, and definite statement of the essential facts.
Indigent: A person who is unable to afford the costs of legal representation or court proceedings. Indigent criminal defendants have a constitutional right to appointed counsel under Gideon v. Wainwright (1963). Indigent parties may proceed in forma pauperis in civil cases.
Information: A formal criminal charge filed directly by a prosecutor without grand jury involvement. Informations are used for less serious offenses and in states that do not require indictment. The defendant is entitled to a preliminary hearing to determine probable cause.
Injunction: A court order requiring a person to do or refrain from doing a specific act. Preliminary injunctions preserve the status quo pending trial, while permanent injunctions are issued after final judgment. Injunctions are equitable remedies subject to discretion.
Innocence: The state of not having committed a crime, presumed unless proven guilty. The presumption of innocence is a fundamental due process right that requires the prosecution to prove guilt beyond a reasonable doubt. The presumption applies throughout the criminal process.
Instructions: The judge’s explanation to the jury of the applicable law and the standards for reaching a verdict. Jury instructions must accurately state the law and not be misleading. Parties may propose instructions and object to those given.
Inter vivos: A Latin term meaning “between the living,” as in an inter vivos trust created during the grantor’s lifetime. Inter vivos transfers are distinguished from testamentary transfers that take effect at death. Inter vivos trusts avoid probate and may provide tax benefits.
Interlocutory: Temporary or provisional, referring to orders or appeals that occur before final judgment. Interlocutory orders address procedural or preliminary matters. The final judgment rule generally bars interlocutory appeals unless specific exceptions apply.
Interrogatories: Written questions in discovery that one party sends to another, requiring sworn answers. The Federal Rules limit interrogatories to 25 without leave of court. Interrogatories are useful for obtaining basic information and identifying witnesses.
Intervention: The procedure by which a non-party joins an existing lawsuit because of a direct interest in the outcome. Intervention as of right is available when the applicant claims an interest relating to the property or transaction. Permissive intervention is within the court’s discretion.
Intestate: Dying without a valid will, causing property to pass under state intestacy laws. Intestacy statutes distribute property to surviving spouses, children, parents, and other relatives according to a statutory hierarchy. Administration of an intestate estate requires appointment of an administrator.
Irrebuttable presumption: A legal presumption that cannot be overcome by contrary evidence. Irrebuttable presumptions are conclusive rules of law. Courts disfavor irrebuttable presumptions because they may violate due process by preventing the presentation of evidence.
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Joinder: The joining of parties or claims in a single lawsuit. Permissive joinder allows parties to join claims if they arise from the same transaction or occurrence. Compulsory joinder requires parties whose absence would prevent complete relief to be joined if feasible.
Judgment: A court’s final determination of the rights and obligations of the parties. Judgments may be for money damages, injunctive relief, or declaratory relief. The judgment is entered by the clerk and is appealable.
Judgment notwithstanding the verdict (JNOV): A judgment entered by the judge contrary to the jury’s verdict when the evidence cannot legally support the verdict. In federal practice, this is now called renewed judgment as a matter of law under Rule 50(b). The standard is whether a reasonable jury could have reached the verdict.
Judicial notice: The court’s acceptance of a fact as true without requiring proof, because the fact is common knowledge or readily verifiable. Judicial notice promotes judicial efficiency by eliminating the need to prove indisputable facts. The court may take judicial notice at any stage of the proceeding.
Judicial review: The power of courts to declare legislative and executive actions unconstitutional. Established in Marbury v. Madison (1803), judicial review is the cornerstone of American constitutional law. Courts exercise this power to enforce constitutional limits on government action.
Jurisdiction: The authority of a court to hear and decide a particular case. Jurisdiction includes subject-matter jurisdiction (the court’s authority over the type of case) and personal jurisdiction (the court’s authority over the parties). Lack of jurisdiction may be raised at any time.
Jurisprudence: The philosophy or science of law. Jurisprudence examines the nature, sources, and purposes of law. Major schools include natural law, legal positivism, legal realism, and critical legal studies.
Jury: A group of citizens sworn to decide questions of fact in a legal proceeding. The Sixth Amendment guarantees the right to a jury in criminal cases, and the Seventh Amendment preserves the right in civil cases. Juries must be impartial and drawn from a representative cross-section.
Jury instructions: The judge’s directions to the jury regarding the applicable law and the decision-making process. Instructions are given after closing arguments and before deliberation. The jury must follow the instructions in reaching its verdict.
Justiciable: Capable of being decided by a court, meeting the requirements of standing, ripeness, and mootness. Justiciability doctrines limit federal courts to actual cases or controversies as required by Article III. A non-justiciable case must be dismissed.
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Laches: An equitable doctrine barring a claim when the plaintiff has unreasonably delayed bringing it, prejudicing the defendant. Laches applies when the delay is unreasonable and causes material prejudice. The doctrine is discretionary and is typically asserted as an equitable defense.
Landlord-tenant law: The body of law governing the relationship between property owners and renters. The law addresses lease creation, rent obligations, habitability requirements, security deposits, and eviction procedures. The implied warranty of habitability requires landlords to maintain rental premises in safe and sanitary condition.
Leading question: A question that suggests the answer, generally not permitted on direct examination but allowed on cross-examination. Leading questions are prohibited on direct because they allow counsel to testify through the witness. Leading questions are permitted on cross-examination to test credibility.
Lease: A contract conveying the right to use property for a specified period in exchange for rent. Leases may be for commercial or residential property and must contain essential terms including parties, property description, rent, and duration. The lease creates a landlord-tenant relationship with rights and duties for both parties.
Legacy: A gift of personal property left by will. Specific legacies bequeath identified items, general legacies bequeath quantities of property, and demonstrative legacies bequeath property from a specific source. Residuary legacies pass the remainder of the estate after other gifts.
Legal malpractice: Professional negligence by an attorney that causes harm to the client. To establish malpractice, the plaintiff must prove the attorney owed a duty, breached the standard of care, and caused damages. Expert testimony is typically required to establish the standard of care.
Legal separation: A court-ordered arrangement in which married spouses live apart with defined rights and obligations but remain married. Legal separation may address property division, spousal support, and child custody. Some couples choose legal separation for religious or personal reasons.
Liability: Legal responsibility for one’s acts or omissions. Liability may arise from contract, tort, statute, or strict liability. A finding of liability results in a judgment against the defendant.
Libel: Written or published defamation. Libel is a false statement presented as fact that injures a person’s reputation. Public figures must prove actual malice, while private figures need only prove negligence.
Lien: A legal claim against property securing a debt or obligation. Liens may be consensual (mortgages) or judicial (judgment liens). The lienholder may foreclose on the property if the debt is not paid.
Limited jurisdiction: A court’s authority restricted to specific types of cases, such as small claims or traffic matters. Federal courts are courts of limited jurisdiction. State courts of limited jurisdiction include small claims, probate, and family courts.
Liquidated damages: An amount specified in a contract to be paid as damages in the event of breach. Liquidated damages clauses are enforceable if the amount is reasonable under the circumstances. If the amount is punitive rather than compensatory, it will be struck as an unenforceable penalty.
Lis pendens: A Latin term meaning “pending lawsuit,” referring to a notice recorded to warn that property is subject to litigation. Lis pendens prevents the transfer of property pending resolution of the lawsuit. The notice protects the plaintiff’s potential claim to the property.
Litigation: The process of conducting a lawsuit through the court system. Litigation includes pleading, discovery, motions, trial, and appeal. Alternative dispute resolution methods such as arbitration and mediation offer alternatives to litigation.
Locus delicti: A Latin term meaning “place of the wrong,” the location where a crime or tort occurred. The locus delicti is relevant to venue, jurisdiction, and choice of law. In tort law, the locus delicti typically determines the applicable substantive law.