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inhuman treatment Physical or mental cruelty so severe that it endangers life or health. Inhuman treatment is usu. grounds for divorce. See CRUELTY.

inimicitia capitalis (i-nim-a-sish-ee-a kap-i-tay-lis). [Latin]. Deadly enmity.

initial appearance A criminal defendant's first appearance in court to hear the charges read, to be advised of his or her rights, and to have bail determined .The initial appearance is usu. required by statute to occur without undue delay. In a misdemeanor case, the initial appearance may be combined with the arraignment. See ARRAIGNMENT.

initial appearance See APPEARANCE.

initial cause See proximate cause.

initial cause See proximate cause under CAUSE (1).

initial determination The first determination made by the Social Security Administration ofa person's eligibility for benefits. 2. The ending or expiration of an estate or interest in property, or of a right, power, or authority <the easement's determination after four years>. determine, vb.

initial determination See DETERMINATION.

initial disclosure Civil procedure. In federal practice, the requirement that parties make available to each other the following information without first receiving a discovery request: (1) the names, addresses, and telephone numbers of persons likely to have relevant, discoverable information, (2) a copy or description of all relevant documents, data compilations, and tangible items in the party's possession, custody, or control, (3) a damages computation, and (4) any relevant insurance agreements. Fed. R. Civ. P. 26(a) (l)(A) - (D). 3. Patents. A document explaining how an invention works in sufficient detail for one skilled in the art to be able to understand and duplicate the invention; everything revealed about an invention in the patent application, including drawings, descriptions, specifications, references to prior art, and claims.o An inven tion disclosure statement is sometimes attested by a knowledgeable witness, who signs and dates the dis closure document to establish the inventor's identity and the date of the invention before the patent appli cation is prepared. An inventor can file a disclosure document with the U.S. Patent and Trademark Office before submitting a patent application, but the document's date has no relationship to the later application's effective filing date. See ENABLEMENT REQUIREMENT. Cf. ENABLING SOURCE; DEFENSIVE DISCLOSURE. 4. Patents. PUBLICATION (1).

initial disclosure See DISCLOSURE (2).

initial margin requirement See MARGIN REQUIREMENT.

initial protest See PROTEST (2).

initial public offering See OFFERING.

initial public offering A company s first public sale of stock; the first offering of an issuer s equity securities to the public through a registration statement. Abbr. lPO.

initial surplus See SURPLUS.

initial surplus The surplus that appears on the financial statement at the beginning of an accounting period, but that does not reflect the operations for the statements period.

initialia testimonii (i-nish-ee-ay-Iee-a tes-ta-moh-nee-i). [Law Latin "initial parts of testimony"]. Scots law. The preliminary examination of a w.itness in order to determine the witnesss competence to testify. Cf. IN IN ITIAUBUS.

initiation of charges The first report to the proper military authority of an alleged commission of an offense by a person subject to the Uniform Code of Military Justice. Cf. PREFERRING OF CHARGES.

initiative (i-nish-a-tiv or i-nish-ee-a-tiv). An electoral process by which a percentage of voters can propose legislation and compel a vote on it by the legislature or by the full electorate. Recognized in some state constitutions, the initiative is one of the few methods of direct democracy in an otherwise representative system. Cf. Pl.EBISCITE; REFERENDUM.

initium possession is (i-nish-ee-am pa-zes[h]-ee-oh-nis). [Latin "the beginning of the possession"]. The right by which possession was first held.

injoin vb. Archaic. See ENJOIN.

injunction (in-jangk-shan),. A court order commanding or preventing an action. - To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. Also termed writ ofinjunction. See IRREPARABLE-INJURY RULE. "In a general sense, every order of a court which commands or forbids is an injunction; but in its accepted legal sense, an injunction is ajudicial process or mandate operating in personam by which, upon certain established principles of equity, a party is required to do or refrain from doing a particular thing. An injunction has also been defined as a writ framed according to the circumstances of the case, commanding an act which the court regards as essential to justice, or restraining an act which it esteems contrary to equity and good conscience; as a remedial writ which courts issue for the purpose of enforcing their equity jurisdiction; and as a writ issuing by the order and under the seal of a court of equity." 1 Howard C. Joyce. A Treatise on the Law Relating to Injunctions § 1, at 2-3 (1909).

injunction bond A bond required of an injunction applicant to cover the costs incurred by a wrongfully enjoined party; a bond required as a condition of the issuance or continuance of a bond. Fed. R. Civ. P. 65(c).

injunction bond See BOND (2).

injunction pendente lite See preliminary injunction.

injunctive adj. That has the quality of directing or ordering; of or relating to an injunction. - Also termed injunctional.

injuria (in-joor-ee-a). [Latin) Roman law. 1. See WRONG. Cf. DAMNUM INJURIA DATUM; actio injuriarum under ACTIO. 2. An assault on a persons reputation or body. PI. injuriae (in-joor-ee-ee). "By injuria (or outrage), as the fourth ground of delict obligation, is meant some affronting wrong, calculated to wound the self-respect and touch the honor of the person injured, to humiliate or degrade him in the view of others." James Hadley, Introduction to Roman Law 243 (N.Y., D. Appleton & Co. 1881). "The term injuria [is best) used in its original and proper sense of wrong (in jus, contrary to law). The modern use of injury as a synonym for damage is unfortunate but inveterate." R.F.V, Heuston, Salmond on the Law of Torts 13 nn,51-52 (17th ed, 1977).

injuria absque damno (in-joor-ee-a abs-kwee dam-noh). [Latin "injury without damage"] A legal wrong that will not sustain a lawsuit because no harm resulted from it. - Also termed injuria sine damno. Cf. DAMNUM SINE INJURIA. "Just as there are cases in which damage is not actionable as a tort (damnum sine injuria), so conversely there are cases in which behaviour is actionable as a tort, although it has been the cause of no damage at all (injuria sine damno). Torts are of two kinds namely, those which are actionable per se, and those which are actionable only on proof of actual damage resulting from them. Thus the act of trespassing upon anothers land is actionable even though it has done the plaintiff not the slightest harm. Similarly, a libel is actionable per se, while slander (that is to say, oral as opposed to written defamation) is in most cases not actionable without proof of actual damage." R.F.V. Heuston, Salmond on the Law of Tons 14 (17th ed. 1977).

injurious adj. Harmful; tending to injure.

injurious exposure Workers compensation. Contact with a substance that would cause injury if the person were repeatedly exposed to it over time An employer may be found liable for harm resulting from injurious exposure.

injurious falsehood 1. See DISPARAGEMENT (3). 2. See TRADE DISPARAGEMENT.

injurious words Louisiana law. Slanderous or libelous language. See SLANDER; LIBEL (1), (2).

injury 1. The violation of anothers legal right, for which the law provides a remedy; a wrong or injustice. See WRONG. 2. Scots law. Anything said or done in breach of a duty not to do it, if harm results to another in person, character, or property. Injuries are divided into real injuries (such as wounding) and verbal injuries (such as slander). They may be criminal wrongs (as with assault) or civil wrongs (as with defamation). 3. Any harm or damage. Some authorities distinguish harm from injury, holding that while harm denotes any personal loss or detriment, injury involves an actionable invasion of a legally protected interest. See Restatement (Second) of Torts § 7, cmt. a (1965). - injure, vb. injurious, adj.

injury in fact An actual or imminent invasion of a legally protected interest, in contrast to an invasion that is conjectural or hypothetical. An injury in fact gives the victim standing to bring an action for damages.

injury-in-fact trigger See ACTUAL-INTURY TRIGGER.

injustice 1. An unjust state of affairs; unfairness. 2. An unjust act.

INL abbr. BUREAU OF I:NTERNATIONAL NARCOTICS AND LAW ENFORCEMENT.

inlagare (in-la-gair-ee), vb. [Law Latin]. To restore (an outlaw) to the protection of the law. Cf. UTLAGARE.

inlagation (in-la-gay-shan). [Law Latin]. The act of restoring an outlaw to the protection of the law; inlawry. Cf. UTLAGATION.

inlagh (in-law). A person within the protection of the law, in contrast to an outlaw. Cf. UTLAGH.

inland 1. The interior part of a country or region, away from the coast or border. 2. The portion of a feudal estate lying closest to the lords manor and dedicated to the support of the lords family. Also termed (in sense 2) inlantal. Cf. UTLAND.

inland bill of exchange See domestic bill (2) under BILL (6).

inland bill of exchange See domestic bill (2).

inland draft See DRAFT.

inland draft A draft drawn and payable in the same state or country.

inland marine insurance An agreement to indemnify against losses arising from the transport of goods on domestic waters (i.e., rivers, canals, and lakes). Cf. ocean marine insurance.

inland marine insurance See INSURANCE.

inland revenue See INTERNAL REVENUE.

inland trade See TRADE.

inland waters See INTERNAL WATERS.

inlantal (in-lan-tal). See INLAND (2). - Also spelled inlantale.

inlaw Archaic. To place (an offender) under the protection of the law. Cf. OUTLAW (1). The outlaws life is insecure .... If the king inlaws him, he comes back into the world like a new-born babe, quasi modo genius, capable indeed of acquiring new rights, but unable to assert any of those that he had before his outlawry. An annihilation of the outlawry would have a different operation, but the inlawed outlaw is not the old person restored to legal life; he is a new person." 1 Freder ick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1477 (2d ed. 1898),

in-law A relative by marriage.

inlawry The restoration of an outlawed persons rights and protections under the law. See INLAGATION.

in-limine adj. (Of a motion or order) raised preliminarily, esp. because of an issue about the admissibility of evidence believed by the movant to be prejudicial <in-limine motion>.

inmate 1. A person confined in a prison, hospital, or similar institution. 2. Archaic. A person living inside a place; one who lives with others in a dwelling.

Inn of Chancery Any of nine collegiate houses where students studied either to gain entry into an Inn ofCourt or to learn how to frame writs in order to serve in the chancery courts. Over time, the Inns Clements, Clifford, Lyons, Furnivals, Thavies, Symonds, Barnards, Staples, and the New Inn - became little more than dining dubs, and never exercised control over their members as the Inns of Court did. The Inns of Chancery were all dissolved in the 19th century. Cf. INN OF COURT.

Inn of Court 1. Any of four autonomous institutions, one or more of which English barristers must join to receive their training and of which they remain members for life: The Honourable Societies of Lincolns Inn, the Middle Temple, the Inner Temple, and Grays Inn. These powerful bodies examine candidates for the Bar, "call" them to the Bar, and award the degree of barrister. "It is impossible to fix with certainty the period when the professors and students of the common law first began to associate themselves together as a society, and form themselves into collegiate order; or to assign an exact date to the foundation of the Inns of Court, the original institution of which nowhere precisely appears. .. After the fixing of the Court of Common Pleas by Magna Charta, the practitioners of the municipal law took up their residence in houses between the kings courts at Westminster and the city of London - forming then one community; and before the end of the reign of Edward II, they appear to have divided themselves into separate inns or colleges, at Temple Bar, Lincolns Inn, and Grays Inn." Robert H. Pearce, A Guide to the Inns of Court and Chancery 1-2 (1855). 2. (pl.) In the United States, an organization (formally named the American Inns of Court Foundation) with more than 100 local chapters, whose members include judges, practicing attorneys, law professors, and law students. Through monthly meetings, the chapters emphasize practice skills, professionalism, and ethics, and provide mentors to train students and young lawyers in the finer pOints of good legal practice.

innavigable (in-nav-i-ga-bal), adj. 1. (Of a body of water) not capable of, or unsuitable for, navigation. 2. Marine insurance. (Of a vessel) unfit for service. - Also termed unnavigable.

inner bar English law. The group of senior barristers, called the Queens Counselor Kings Counsel, who are admitted to plead within the bar of the court. Cf. OUTER BAR.

inner barrister 1. QUEEN'S COUNSEL. 2. A student member of an Inn of Court.

inner barrister See BARRISTER.

inner cabinet The heads of the departments of State, Treasury, Defense, and Justice . This group is so called because in most administrations it tends to be closer to the executive and more influential than the rest of the cabinet (the outer cabinet).

inner cabinet See CABINET.

Inner House The appellate jurisdiction of the Court of Session. See COURT OF SESSION (1).

inner-city post-traumatk-stress defense See URBANSURVIVAL SYNDROME.

inning (pl.) Land reclaimed from the sea.

innkeeper A person who, for compensation. keeps open a public house for the lodging and entertainment of travelers. A keeper of a boarding house is usu. not considered an innkeeper. Also termed hotelkeeper. 'The innkeeper is the person who on his own account carries on the business of an inn. In other words, he is the proprietor of the establishment. The person actually employed as manager, though he has the whole direction of the enterprise, is not an innkeeper if he is acting on behalf of someone else. Thus the salaried manager of a hotel owned or operated by a corporation is not held responsible as an innkeeper; the corporation is the innkeeper." John H. Sherry, The Laws of Innkeepers § 2.6, at 15 (rev. ed. 1981).

innkeepers lien See hotelkeepers lien under LIEN.

innocence The absence of guilt; esp., freedom from guilt for a particular offense. Cf. GUILT.

innocent adj. Free from guilt; free from legal fault. See NOT GUfLTY (2).

innocent agent Criminal law. A person whose action on behalf of a principal is unlawful but does not merit prosecution because the agent had no knowledge of the principal's illegal purpose; a person who lacks the mens rea for an offense but who is tricked or coerced by the principal into committing a crime. Although the agent's conduct was unlawful, the agent might not be prosecuted if the agent had no knowledge of the principal's illegal purpose. The principal is legally accountable for the innocent agent's actions. See Model Penal Code § 2.06(2)(a).

innocent agent See AGENT (2).

innocent conversion See technical conversion.

innocent conversion See technical conversion under CONVERSION (2).

innocent converter A person who takes another's chattel tortiously but in good faith and without knowledge that he or she has no entitlement to it.

innocent converter See CONVERTER.

innocent conveyance A leaseholder's conveyance of the leaseholder's property interest that is, something less than a fee simple. The conveyance is of an equitable interest.

innocent conveyance See CONVEYANCE.

innocent homicide Homicide that does not involve criminal guilt.

innocent homicide See HOMICIDE.

innocent infringement See INFRINGEMENT.

innocent infringement The act of Violating an intellectual-property right without knowledge or awareness that the act constitutes infringement. An innocent infringer may, in limited circumstances, escape liability for some or all of the damages. In the copyright context, damages may be limited if (1) the infringer was misled by the lack of a copyright notice on an authorized copy of the copyrighted work, distributed under the owners authority before March 1989 (the effective date of the Berne Convention 852 infringement by sale Implementation Act of 1988), and (2) the infringing act occurred before the infringer received actual notice of the copyright. 17 USC A § 405(b). ln the trademark context, publishers and distributors of paid advertisements who innocently infringe a mark have no liability for damages. 15 USCA § 1114. In both contexts, the innocent infringer is immunized only from an award of monetary damages, not from injunctive relief. Cf. willful infringement.

innocent junior user A person who, without actual or constructive knowledge, uses a trademark that has previously been used in a geographically distant market, and who may continue to use the trademark in a limited geographic area as long as the senior user does not use the mark there.

innocent junior user See JUNIOR USER.

innocent misrepresentation See MISREPRESENTATION.

innocent party A party who did not consciously or intentionally participate in an event or transaction.

innocent party See PARTY (2).

innocent passage The right of a foreign ship to pass through a countrys territorial waters; the right of a foreign vessel to travel through a countrys maritime belt without paying a toll. The right of innocent passage is guaranteed in Article 17 of the United Nations Convention on the Law of the Sea. Passage is considered innocent as long as it is not prejudicial to the peace, good order, and security of the coastal country. - Also termed right of innocent passage. Cf. TRANSIT PASSAGE. The term innocent passage accurately denotes the nature of the right as well as its limitations. In the first place it is a right of passage, that is to say, a right to use the waters as a thoroughfare between two points outside them; a ship proceeding through the maritime belt to a port of the coastal state would not be exercising a right of passage. In the second place the passage must be innocent; a ship exercising the right must respect the local regulations as to navigation, pilotage, and the like, and, of course, it must not do any act which might disturb the tranquillity of the coastal state." J.L. Brierly, The Law of Nations 188-89 (5th ed. 1955).

innocent purchaser See bona fide purchaser.

innocent purchaser See bona fide purchaser under PURCHASER (1).

innocent purchaser for value See bona fide purchaser.

innocent purchaser for value See bona fide purchaser under PURCHASER (1).

innocent spouse A spouse who may be relieved ofliability for taxes on income that the other spouse did not include on a joint tax return. The innocent spouse must prove that the other spouse omitted the income, that the innocent spouse did not know and had no reason to know of the omission, and that it would be unfair under the circumstances to hold the innocent spouse liable.

innocent spouse See SPOUSE.

innocent trespass See TRESPASS.

innocent trespasser See TRESPASSER.

innocent-constrnction rule The doctrine that an allegedly libelous statement will be given an innocuous interpretation if the statement is either ambiguous or harmless. Cf. IN MITIORI SENSU.

innocent-owner defense In forfeiture action, an affirmative defense in which the owner of property (such as real estate or money) asserts that another person committed the wrongful act or omission while using the property without the owner's knowledge or consent. See 18 USCA § 983(d). See civil forfeiture under FORFEITURE.

innocent-owner defense See DEFENSE (1).