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insanity

See criminal insanity.





intangible property

Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such "untouchable" items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.





integrated pension plan

A pension plan that is integrated with Social Security retirement benefits. In such plans, the monthly or yearly pension benefit is reduced by all, or some percentage of, the retiree's Social Security check--although since 1988, the law has required that the plan leave at least half of the pension amount. These integrated plans work in one of two ways, either establishing a benefit goal for combined Social Security and pension benefits, or reducing your pension by a set percentage of your Social Security benefits.





intellectual property (IP) law

The area of law that regulates the ownership and use of creative works, including patent, copyright and trademark law.





intent-to-use application

A term used in trademark law. The Lanham Act permits a mark not yet used in commerce to be reserved for later registration by filing an intent-to-use application with the U.S. Patent and Trademark Office (PTO). The initial reservation lasts for six months and can be extended for up to five additional six-month periods (for a total of 3 years) for good cause.





intentional tort

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).





inter vivos trust

The Latin name, favored by some lawyers, for a living trust. "Inter vivos" is Latin for "between the living."





interest

A commission you pay a bank or other creditor for lending you money or extending you credit. An interest rate represents the annual percentage that is added to your balance. This means that if your loan or credit line has an interest rate of 8%, the holder adds 8% to the balance each year. More specifically, interest is calculated and added to your loan or credit line through a process called compounding. If interest is compounded daily, the balance will rise by 1/365th of 8% each day. If interest is compounded monthly, the balance will rise 1/12th of 8% at the start of each month.





interference

In patent law, a procedure to resolve a conflict that occurs when two or more patent applications have been filed on the same invention. When this happens, the U.S. Patent and Trademark Office (PTO) examines a number of factors in order to determine who gets the patent, including who first conceived of the invention and worked on it diligently, who first built and tested the invention and who was first to file a patent application.





interlocutory decree

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.





Internet service provider (ISP)

A business that provides access to the Internet. An ISP may also offer services such as website hosting. An ISP can sometimes be held accountable for copyright violations for material posted by subscribers and users, but is often protected by the Digital Millennium Copyright Act. The Communications Decency Act usually protects ISPs from the posting of obscenities or defamation by subscribers or users.





interrogation

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.





interrogatory

Written questions designed to discover key facts about an opposing party's case, that a party to a lawsuit asks an opposing party (but not a witness, who can only be questioned in person at a deposition). Interrogatories are part of the pretrial discovery stage of a lawsuit, and must be answered under penalty of perjury. Court rules tightly regulate how, when and how many interrogatories can be asked. Lawyers can write their own sets of questions, or can use form interrogatories, designed to cover typical issues in common lawsuits.





intestate

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.





intestate succession

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.





inure

To take effect, or to benefit someone. In property law, the term means "to vest." For example, Jim buys a beach house that includes the right to travel across the neighbor's property to get to the water. That right of way is said, cryptically, "to inure to the benefit of Jim."





inventory

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.





invest

(1) To formally grant power or authority to someone. For example, when the President of the United States is inaugurated, he is invested with all the powers of that office. (2) To contribute money to a business venture, or to buy property or securities, with the intention and expectation of making a profit.





investor

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.





invitee

A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property. In an example of the perversion of legalese, social guests that you invite into your home are called "licensees."





IP

See intellectual property law.





ipse dixit

Latin for "he himself said it." The term labels something that is asserted but unproved.





ipso facto

Latin for "by the fact itself." This term is used by Latin-addicted lawyers when something is so obvious that it needs no elaboration or further explanation. For example, it might be said that a blind person, ipso facto, is not qualified to obtain to a driver's license.





irreconcilable differences

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.





irremediable or irretrievable breakdown

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.







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