Latin for Lawyers

L ATIN FOR L AWYERS

INCHOATE PATENT RIGHT The right of a patent applicant to be protected in his invention pending action by the Patent Office upon his application. The right matures or ripens upon granting of the patent. INCIDENT [L. incido, incidere (from cadere / to fall) / to fall in or on; to have an encounter with] A distinct happening or event. A subordinate or resulting part of a larger action or effect, as in “the discovery of drugs within the premises was inci dent to the search for the weapon.” In connection with life insurance policies, an incident of ownership is one of several rights available to an assured. INCIDENTAL Attached to or deriving from something which is paramount and primary. Appurtenant to a main purpose or effect. A third party who derives an unin tended benefit from a contract between two other parties is deemed an inci dental beneficiary of the contract. Under the Uniform Commercial Code, a party who recovers for breach of contract may obtain incidental damages to cover expenses such as the handling of goods, e.g., the cost of inspection, transportation, etc. INCITE [L. in + citare / to set into motion, excite, start up] To instigate or abet. To lead or influence others to take some action, as to incite to riot. To foment, stir up. To solicit the commission of a crime. INCLUSIO UNIUS EST EXCLUSIO ALTERIUS To include one thing is to exclude another. INCOGNITO [L. in + cognosco, cognoscere / to know] To hide one’s identity. To act or travel without revealing one’s true identity. INCOLAS DOMICILIUM FACIT [L. incolas / residence + domicilium / dwelling, domicile + facere / to make, do] Residence creates domicile. IN COMMENDUM [L. in + commendare / to entrust to the care of] In trust. IN COMMUNI [L. communis / things shared, public] In common. INCOMMUNICADO [L. in + communicare / to share, divide, inform] To be without the means of commmunicating with others; to be held in cus tody or restraint and deprived of contact with anyone except one’s captors.

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