Latin for Lawyers

L ATIN FOR L AWYERS

Immunity is often offered to witnesses in anticipation of their assertion of the Fifth Amendment privilege against self-incrimination. There are two types of immunity. In transactional immunity , the witness is protected from any pros ecution growing out of the events or transactions about which he testifies. In use immunity , he is protected only against prosecution based upon the facts contained in his own testimony; he can still be prosecuted and convicted of complicity in the transaction based upon facts and evidence not contained in his own testimony but offered by others. See TRANSACTIONAL IMMUNITY IMMUNITY (GOVERNMENTAL IMMUNITY; SOVEREIGN IMMU NITY) The right of a governmental entity to be free from liability for torts commit ted by its employees or agents except in cases in which it has consented to be sued. Most states have passed statutes renouncing immunity in some circum stances. IMMUNITY (SPOUSAL) Under the common law, the right of one spouse to be free of tort liability to the other. Some states still adhere to this doctrine, but many have abolished or limited it, especially in cases arising from negligence in the operation of motor vehicles. IMPAIR [L. in / not + malus (bad) , peior / worse] To make worse. To damage or injure. To weaken or lessen in quality or value. The capital of a company is impaired when its net value is less than the capi tal originally invested. Article I, Section 10 of the Constitution prohibits any state from passing any “Law Impairing the Obligation of Contracts.” IMPARTIAL [L. in / not + partio, partire / to divide, share, distribute] Acting without preference or bias towards either side in a dispute. Disinter ested; fair and equitable. Judges, arbitrators and juries are expected to be impartial . The Sixth Amendment to the Constitution guarantees the accused in a criminal prosecution the right to a speedy and public trial by an impartial jury. IMPEACH [L. in + pedica / (from ped / foot), a fetter or restraint] To bring an accusation against; to charge with the commission of a crime or misdemeanor, especially a public officer. To begin the process of removing a public official from office under the applicable constitutional or statutory provisions; e.g., a judge or the President of the United States. Only the House of Representatives has the constitutional power to bring articles of impeach ment against the President. In 1998-99 the House brought articles of

161