Latin for Lawyers

L ATIN FOR L AWYERS

rant if the items are in plain view, even if the discovery of the items is not inadvertent but, rather, anticipated by the police. INALIENABLE [L. in / not + alienus / belonging to another, foreign to] Incapable of being sold or transferred from one person to another, as in the case of a navigable river or a public park, bridge or highway. Also, an indi vidual right which cannot be seized or usurped by public authority and can be surrendered only by the individual possessing it, such as the inalienable rights conferred upon all Americans by the Bill of Rights (the first ten Amendments to the Constitution). IN ARBITRIO JUDICIS In the discretion of the court. As the court may decide. IN ARCTA ET SALVA CUSTODIA In safe custody. IN ARTICULO MORTIS At the point of death. IN CAMERA [L. in + camera / a vault or vaulted room] In a judge’s chambers, as distiguished from the public courtroom. The room can be either the judge’s office or a room off the courtroom. Proceedings held in a room from which the public is excluded. Sometimes means actions taken by a judge in private when court is not in session. Occasionally, a judge will examine a sensitive document in camera before deciding whether to admit it into evidence. INCAPACITY, INCAPACITATE [L. in / not + capio, capere / to take, seize; take possession of] The inability to exercise the legal rights available to others because of some condition which suggests a lack of maturity or ability, as in the case of a minor or a person who is mentally ill. Also, the inability of a worker or employee to discharge the duties of his job because of illness or injury. The period in which an employee is incapable of performing the usual tasks required of his job. To incapacitate is to determine that someone may not legally act for himself; also, to bring about the inability of a person to per form the duties of his job or employment. IN CAPITA [L. in + caput / the head] By the head; inheritance in capita occurs when all persons entitled to take, take in equal shares. Also, a challenge directed to an individual juror as opposed to a challenge to the entire panel. A challenge to the entire panel is a challenge to the array .

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