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I




informed consent

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.





infraction

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.





infringement (of copyright)

Any unauthorized use of a copyrighted work other than fair use. Uses can range from outright plagiarism to using a portion of a photograph in a CD-ROM. The copyright owner may file a lawsuit to stop the infringement and collect damages from the infringer, provided the owner has registered her copyright with the U.S. Copyright Office.





infringement (of patent)

Violation of a patent, occurring when someone else is making, using, or selling the invention described in the patent, or a product that is functionally equivalent to the invention described in the patent, without the patent holder's permission.





infringement (of trademark)

Unauthorized use of a protected trademark or service mark, or use of something very similar to a protected mark. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer. If a court determines that the average consumer would be confused, the owner of the original mark can prevent the other's use of the infringing mark and sometimes collect damages.





ingress

An entrance, or the act of entering. Compare egress.





inherit

To receive property from someone who has died. Traditionally, the word "inherit" applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.





inheritance taxes

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.





inheritors

Persons or organizations who receive property from someone who dies.





injunction

A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a "mandatory injunction" to order a party to carry out a positive act--for example, return stolen computer code.





injunctive relief

A situation in which a court grants an order, called an injunction, telling a party to refrain from doing something--or in the case of a mandatory injunction, to carry out a particular action. Usually injunctive relief is granted only after a hearing at which both sides have an opportunity to present testimony and legal arguments.





inlining

The act of displaying a graphic file from another company's website. For example, inlining occurs if a user at site A can, without leaving site A, view a "cartoon of the day" featured on site B.





INS

See Immigration and Naturalization Service.





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.







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