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Immunity |
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An exemption that a person (individual or
corporate) enjoys from the normal operation of the law such as a legal
duty or liability, either criminal or civil. For example,
diplomats enjoy "diplomatic immunity" which means that they cannot be
prosecuted for crimes committed during their tenure as
diplomat. Members of parliament have immunity in respect of what is
said in the House. 1. The quality or habit of being inadvertent.
2. An instance of being inadvertent; an oversight or slip. |
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Incorporeal |
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Legal rights which are intangible such as
copyrights or patents. See, corporeal
and incorporeal hereditaments. |
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Inadvertence |
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An instance of being inadvertent; an oversight or
slip, see
advertence. |
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Incorporeal hereditament |
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An hereditament is real property which on an
intestacy might devolve on an heir.
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A corporeal hereditament is visible and tangible,
such as land itself and property fixed to the land, for example buildings. |
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An
incorporeal
hereditament is intangible such as tithes and which is
inheritable.
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Easements and
profits à prendre and
hereditary titles are examples of incorporeal hereditaments.
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Indefeasible |
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A right or title in property that cannot be made
void, defeated or cancelled by any past event, error or omission in the
title. For example, certificates of title issued in
England by the Land
Registry or in Australia and Canada under a
Torrens land titles system in the are said to be "indefeasible"
because the government warrants that no interest burdens the title other
than those on the certificate. This makes long and expensive title
searches unnecessary.
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Indemnity |
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"A right of someone to recover from a third party
the whole amount which he himself is liable to pay. " |
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(Civil Justice Rules)
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Indictable offence |
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Offences which can only be tried in the Crown
Court (e.g. robbery and aggravated burglary), therefore is more serious than those which
can proceed by summary trial in a
Magistrates Court. This
is the equivalent to the old term "felony" (still used in the USA). Murder
and treason are examples of crimes which would be tried on indictment, and
are therefore indictable offences. Other indictable offences are also
tried in the Crown Court.
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Indictment |
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The document, equivalent to a charge sheet in the
Magistrates' court outlining the offences for which a defendant is to
stand trial.
USA:
a formal accusation returned by a Grand Jury, that charges a person with a
serious crime. It is on the basis of an indictment that an accused person
must stand trial. The requirements are laid down in the Indictment
Act 1915.
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Indorsement,
see
Endorsement |
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Infanticide |
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Murder of an infant soon after its birth.
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Inheritance tax |
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This is a tax the Government charges on people's
estates.
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Injunction |
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A court order that prohibits a party from doing
something (prohibitive injunction) or compels them to do something
(mandatory injunction). "Injunction: A court order prohibiting
a person from doing something or requiring a person to do something. "
(Civil Justice Rules)
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Insolvent |
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An individual who cannot pay his debts. |
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Institution (of the EU) |
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Body set up under, and described as such, in the founding
treaties for the purpose of carrying out tasks of the Community, namely
the EU Council, the European Parliament, the European Commission, the
Court of Justice and the Court of First Instance. |
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Intelligence |
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The result of the gathering and collating of
information from a variety of sources to assist police officers in the
prevention, reduction and detection of crime and other incidents. It also
includes quality of life issues that impact on individuals and groups
within communities. |
Intent / Intention |
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Lord
Hailsham in
Hyam v DPP [1974] HL, said, |
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"I know of
no better judicial interpretation of ‘intention’ or ‘intent’ than that
given in a civil case by Asquith LJ... " (Cunliffe v
Goodman [1950] 1 All ER 720) when he said: |
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‘An
"intention, " to my mind, connotes a state of affairs which the parry
"intending" - I will call him X.-does more than merely contemplate. It
connotes a state of affairs which, on the contrary, he decides, so far
as in him lies, to bring about, and which, in point of possibility, he
has a reasonable prospect of being able to bring about, by his own act
of volition.’
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If this be
a good definition of ‘intention’ for the purposes of the criminal
law of murder, and so long as it is held to include the means as well as
the end and the inseparable consequences of the end as well as the means,
I think it is dear that ‘intention’ is clearly to be distinguished alike
from ‘desire’ and from foresight of the probable consequences. |
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Lesson notes
here |
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Interdict |
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An English
Injunction is the equivalent of a Scottish interdict
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Intergovernmental Conference (IGC) |
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Term used to describe negotiations between the member
states' governments with a view to amending the Treaties. Normally
conducted where changes in the institutional or legal structure are
needed. The Single European Act, the Treaty on European Union, and the
Amsterdam Treaty were all adopted as a result of an IGC. |
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Interlocutor |
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In
Scotland the formal
minute of a Court's decision. It tends also to be used to mean the
decision of the Court itself in relation to a particular hearing.
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Intestate |
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Dying without having made a
will.
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Intestacy |
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This happens when someone dies without leaving a
will. Their estate is divided up between their relatives
following the rules set by law.
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inter alia
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[Latin: "amongst other things"] Often used by judges and
legislators to refer to part of a list, or a warning that there was more
than the limited item referred to. So, "Donoghue v
Stevenson was inter
alia about widening the principle of duty of care (it was also about
the duty of a manufacturer of ginger beer).
Usage: This expression can be hackneyed and should be used with
care by students. Used wrongly it is meaningless and irritating
because few sentences are ever 'complete'. Inter alia should
only be used when there is good reason for using it. |
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Inter vivos |
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[Latin:
"between the living" (example: a gift between living persons). Used
to describe a gift made during a person's lifetime, as opposed to
being transferred by will after death.
An inter vivos trust takes effect while the testator is
alive. whereas a
testamentary trust takes effect upon the
settlor's death. Another example is the sale of a
life estate which can only occur between living persons.
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Islamic law |
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The law according to the Muslim faith and as
interpreted from the Koran. Islamic law is probably best known for
deterrent punishment, which is the basis of the Islamic criminal system
and the fact that there is no separation of church and state. Under
Islamic law, the religion of Islam and the government are one.
Islamic law is
controlled, ruled and regulated by the Islamic religion. Islamic law
purports to regulate all public and private behaviour including personal
hygiene, diet, sexual conduct, and child rearing. Islamic law now prevails
in countries all over the middle east and elsewhere covering twenty per
cent of the world's population. |
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