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TORT LEGAL GLOSSARY |
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Glossary of Tort Law Terms
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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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