Latin for Lawyers

ILLUSORY TRUST

ILLUSORY TRUST A trust in language, construction and form, but one in which, on analysis, the settlor retains so much control over the trust property that it is clear he did not really intend to surrender any of his rights to the trustee. IMMATERIAL [L. in / not + materia / matter] Not composed of matter; insubstantial; non-existent. Irrelevant, unessential, of no consequence. Immaterial evidence is evidence without probative value. Upon motion by counsel, it will be excluded by the court. IMMIGRATE [L. in + migrare / to move from one place to another] To come into a country from another country of which one is a citizen, for the purpose of establishing a new and permanent residence. See EMIGRATE IMMINENT [L. imminere / to project or hang over; to theaten] Ready to happen or take place; impending. Hanging over one’s head; threat ening. IMMINENT DANGER The condition confronting a person who cannot reasonably escape fom a threat to his life or safety except through his own actions or devices; a threat which puts a reasonable person to his own immediate defenses; a condition used to justify a homicide or other act of defense. IMMINENT DEATH Impending or approaching death; to be on one’s death bed. A condition which is recognized by the law as legitimating gifts causa mortis . See CAUSA MORTIS; DONATIO CAUSA MORTIS; GIFT CAUSA MORTIS IMMOBILIA SITUM SEQUUNTUR Literally, free from a duty, as a duty to pay taxes. Protected from; not suscep tible to; having resistance to. A special status conferred upon some and not available to others. A right or freedom, or an exemption from a duty, not gen erally enjoyed by others. (Examples: executive immunity, absolute immunity, immunity from prosecution, interspousal immunity, judicial immunity , etc.) IMMUNITY FROM PROSECUTION The process by which a witness is promised by the authorities that he will not be prosecuted if he gives testimony regarding the commission of a crime. Immoveable things follow the law of their location. IMMUNITY [L. in + munus / office, duty, function]

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