术语
定义
immediate cause
Last event in a series of events which causes another event, particularly an injury, to occur. May or may not also be the proximate cause. An event may have more than one proximate cause, but only one immediate cause.
immunity
Agreement by court not to prosecute an individual in exchange for that individual providing criminal evidence..
impeach
To attack credibility of a witness. Also, to charge with a crime or misconduct, in particular, to charge a public official with a violation of the public trust. Also, to challenge the authenticity or accuracy of a document.
in camera
In the judge's private chambers, or in private. A hearing in camera takes place in the judge's office, outside of the presence of jury and public.
in forma pauperis (in FORM uh PAH per us)
In the manner of a pauper. Permission given to an indigent or poverty-stricken individual to sue without payment of court fees.
in limine (LIM ih nee)
Motion requesting that court exclude certain evidence that might prejudice jury.
in personam (in per SO nam)
Procedural term used to designate proceedings or actions involving the personal rights and interests of the parties. Compare in rem.
in propria persona (in PRO pree uh per SO nuh)
See pro se.
in rem
Procedural term used to designate proceedings or actions in determining the status of a thing or the rights of persons with respect to that thing. Compare in personam.
inadmissible
That which under rules of evidence cannot be admitted as evidence.
incarcerate
To confine in jail.
incompetent
Person lacking the capacity, legal qualification or fitness to manage personal affairs or to discharge required duty.
indemnity
Liability or loss shifted from one person held legally responsible to another.
independent executor
Executor who administers an estate with little intervention by court. Only a few states allow this.
indeterminate sentence
Sentence with specified minimum and maximum length, e.g., one to five years in prison. Also, a maximum sentence which may be reduced by a parole board, via statutory authorization, after minimum term has been served.
indictment
Formal written accusation by a grand jury charging a person with a crime. Compare charge, information and presentment.
indigent
Poor person. An individual who can demonstrate his/her indigence to the court may be assigned a court-appointed attorney or may not have to pay filing fees and court costs.
indirect evidence
See circumstantial evidence.
inferior court
Court of special, limited or statutory jurisdiction. May also denote any court subordinate to chief appellate court. See limited jurisdiction.
information
Formal accusation of a crime filed by a prosecutor without a grand jury indictment. Compare charge and indictment.
infraction
Violation of law usually not punishable by imprisonment, e.g., minor traffic offenses.
inheritance tax
State tax on property an heir or beneficiary receives from a deceased person's estate.
initial appearance
First appearance in court of a person who has been arrested, to hear charges read, be advised of rights and have bail determined. Person generally comes before judge within hours of arrest. Also called first appearance. Compare arraignment and preliminary hearing.
injunction
Court order preventing or requiring a specific action. See preliminary injunction and permanent injunction.
instructions
Judge's directions/guidelines to jury regarding law which applies to the facts of a case. Also called charge. Compare binding instruction and directed verdict.
intake
Court process whereby a decision is made on how to proceed in a juvenile case.
intangible assets
Nonphysical items such as patents, trademarks, copyrights and good will.
integrated bar
State bar association to which a lawyer must belong in order to practice in that state.
inter alia (IN t
er uh LEE uh)
Among other things.
inter vivos gift (IN ter VEE VOHS)
Gift made during giver's life.
inter vivos trust
See living trust.
interlocutory appeal
Appeal made before the trial court's final ruling on the entire case.
interlocutory decree
See decree.
interlocutory order
Any order given before the final order is issued. Usually cannot be appealed until case is fully resolved.
intermediate punishment
Set of sentencing options more severe than probation,
but not as severe as incarceration. Includes, among other options, electronic monitoring, intensive supervision, and residential drug and alcohol treatment. May or may not involve housing of offender.
interpleader
Suit filed by a party holding property who does not know to whom the property should go, to determine who should receive the property.
interrogatories
Written questions questions submitted to another party in a lawsuit for which written answers must be provided. Party of discovery process.
intervention
Action by which a third person who may be affected by a lawsuit is permitted to become party to the suit. Compare third-party claim.
intestacy laws (in TES ta see)
See descent and distri
bution statutes.
intestate
One who dies without leaving a will.
intestate succession
Process by which property of person who has died without a will or whose will has been revoked is distri
buted to others. Compare descent and distri
bution statutes.
irrelevant
Evidence not related or applicable to an issue in a trial and thus not admissible.
irrevocable trust (ear REV o cuh b'l)
Trust that, once set up, grantor may not revoke.
issue
Disputed point between parties in a lawsuit.
joinder
Joining parties or claims in a suit.
joint and several liability
Legal doctrine which makes any number of members of a party responsible for a liability, at adversary's discretion.
joint tenancy
Form of legal co-ownership of property which gives the survivors, when one of the owners dies, the rights to the decedent's shares of the property. Tenancy by the entirety is a special form of joint tenancy between husband and wife. Compare tenancy in common.
judge
Elected or appointed public official with authority to hear and decide cases in a court of law. A judge pro tem is a temporary or visiting judge.
judgment
Final disposition of a lawsuit. Default judgment is judgment rendered because of defendant fails to answer or appear. Summary judgment is judgment entered when there is no dispute as to the facts of a case, and one party is entitled to judgment as a matter of law. Consent judgment occurs when a judge sanctions an agreement reached between parties. See also declaratory judgment and non obstante veredicto.
judicial officer
An officer of a court; someone charged with upholding the law, administering the judicial system.
judicial review
Authority of court to review and declare unconstitutional actions of other branches of government.
Judiciary Act Repealer Act (JARA)
Act of 1978 that enacted 42 Pa.C.S., Pennsylvania's Judicial Code.
juridical (juh RID ih kul)
Relating to law, judicial proceedings and administration of justice.
juridical day
Day on which a court is in session.
Juris Doctor
Doctor of Law. Law degree bestowed on those who have successfully graduated from law school.
jurisdiction
Court's authority to hear and/or decide a case. Also, territory for which a court is authorized to hear cases.
jurisprudence
Study of law and legal system. See also caselaw.
jurist
One who is skilled or versed in the law.
jury
Group of people selected according to law and sworn to decide questions of fact and render a decision about these matters. See grand jury and petit jury.
jury commissioner
Court officer responsible for choosing the panel of potential jurors for a particular court term.
justiciable (jus TISH ee uh b'l)
Of issues and claims which
may be properly examined in court.
juvenile
Person who has not yet reached age (usually 18) at which he/she can be treated as adult for purposes of criminal law.
juvenile court
Court having jurisdiction over cases involving children under a specific age, usually 18.