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Glossary of Tort Law Terms
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Legal
Glossaries Index
Immunity: Exemption from a
legal duty, penalty or prosecution.
Impairment: When a person's
faculties are diminished so that his or her ability to see, hear, walk, talk and
judge distances is below the normal level as set by the state. Typically,
impairment is caused by drug or alcohol use, but can also be caused by mental
illness.
Impeachment: (1) The process
of calling something into question, as in "impeaching the testimony of a
witness." (2) The constitutional process whereby the House of
Representatives may "impeach" (accuse of misconduct) high officers of
the federal government for trial in the Senate.
Implied Consent Laws: (also
called express consent) Laws adopted by all states that apply to testing for
alcohol in the blood, breath or urine (most states have such laws that apply to
testing for the use of drugs). The principle underlying these laws is that any
licensed driver who operates a vehicle has consented to submit to approved tests
to show intoxication.
Implied Warranty of Fitness for a
Particular Purpose: Warranty that exists when a seller should know that a
buyer is relying on the seller's expertise.
Implied Warranty of Habitability:
A landlord is required by law to provide a premise that is safe and able to be
lived in. Problems with essential building services and cleanliness are often
breaches of the implied warranty and the landlord will be required to correct
them.
Implied Warranty of
Merchantability: Warranty that guarantees that goods purchased by consumers
are reasonably fit for their ordinary purpose.
In Camera: Latin for "in
chambers." Refers to a hearing or inspection of documents that takes places
in private, often in a judge's chambers.
In Forma Pauperis: In the
manner of a pauper. Permission given to a person to sue without payment of court
fees on claim of indigence or poverty.
Indigent: Lacking in funds;
poor.
Informed Consent: Except in
the case of an emergency, a doctor must obtain a patient's agreement (informed
consent) to any course of treatment. Doctors are required to tell the patient
anything that would substantially affect the patient's decision. Such
information typically includes the nature and purpose of the treatment, its
risks and consequences and alternative courses of treatment.
Infringement: Unauthorized
use, typically of a patent or copyright.
Injunctuion: An order of the
court prohibiting (or compelling) the performance of a specific act to prevent
irreparable damage or injury.
Instructions: Judge's
explanation to the jury before it begins deliberations of the questions it must
answer and the law governing the case.
Interlocutory Order:
Temporary order issued during the course of litigation. Typically cannot be
appealed because it is not final.
Interrogatories: Part of the
pre-trial discovery (fact-finding) process in which a witness provides written
answers to written questions under oath. The answers often can be used as
evidence in the trial.
Interview: A meeting with the
police or prosecutor.
Issue: (1) The disputed point
in a disagreement between parties in a lawsuit. (2) To send out officially, as
in to issue an order.
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