Legal Dictionary

Latin for among other things. It is commonly used in circumstances where there may be a number of issues to consider, but where the focus is placed on one or more of those issues.

Inter vivos

Latin term which literally means ‘among the living’. It is used to describe the transfer of property by agreement between living persons as opposed to a gift made by a Will.

Interlocutory

Refers to an order, sentence, decree or judgment, given at an intermediate stage between the commencement and termination of a cause of action, and used to provide a temporary or provisional decision on an issue. A decision made in such circumstances is not final and is not subject to an immediate appeal.

Interrogatories

A series of questions addressed to the other party in proceedings intended to elicit answers to issues in the proceedings, which must be answered in writing and usually under oath.

Intestacy

Refers to the estate of a person who has died owning property whose value is greater than the sum of the enforceable debts and funeral expenses without having made a valid Will. It may also apply where a valid Will has been made, but only applies to part of the estate with the part not covered by the Will becoming the intestate estate.

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Irretrievable breakdown

The situation that exists when either or both spouses no longer are able or willing to live with each other, thereby destroying the husband/wife relationship with no hope of the resumption of spousal duties. This situation provides the ground for no-fault divorces in many jurisdictions.

Jaywalking

The offence of crossing the street/road without paying attention to oncoming traffic and/or crossing where the regulations do not permit doing so.

Joint liability

An arrangement where all of the parties involved are each liable up to the full amount of the relevant obligation. If one party dies, disappears or is declared bankrupt the others remain fully liable. The converse is several or proportionate liability, where the parties are liable only for their respective obligations and not for the obligations of any of the other parties.

Joint tenancy

A type of co-tenancy where if one of the joint tenants dies his or her share goes to the surviving joint tenant(s). The deceased owner’s interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all of the property, and on his or her death the property will form part of their estate.

Joint venture

A business agreement in which the parties agree to develop, a new entity and new assets by contributing financially an agreed sum. The venture can be for one specific project only or a continuing business relationship. The parties exercise control over the enterprise and consequently shares revenues, expenses and assets.

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Judgment

A decision of a court regarding the rights and liabilities of the parties to legal proceedings. Judgments generally provide the court’s explanation as to why it has chosen to make a particular decision.

Judgment debtor

A person against whom a judgment ordering him/her to pay a sum of money has been obtained and remains unsatisfied.

Jurisdiction

The power and authority constitutionally conferred upon (or constitutionally recognised as existing in) a court or judge to pronounce the sentence of law, or award the remedies provided by the law, upon a state of facts, proved or admitted, referred to the court or tribunal for decision, and authorised by the law to be the subject of investigation or action by that court or tribunal, and in favour of or against persons who present themselves, or who are brought, before the court or tribunal in some manner sanctioned by law as proper and sufficient.

Kangaroo court

A judicial tribunal or assembly that blatantly disregards recognised standards of law and justice, and often carries little or no official standing in the territory within which it resides. The term may also apply to a court held by a legitimate judicial authority which intentionally disregards the court’s legal or ethical obligations. It usually occurs in circumstances where the intention is to give the appearance of a fair and just trial, even though the verdict has in reality already been decided before the trial has begun.

Landmark case

Sometimes known as a leading case, is a court decision that establishes an important new legal principle or concept, or which changes the previous interpretation of the current law.

Intentional

Inter alia