Latin for Lawyers

L ATIN FOR L AWYERS

INDEX ANIMI SERMO Discourse and discussion are an index of the mind. INDICIUM, INDICIA

Indications; signs or circumstances which tend to suggest that a fact or rela tionship may exist, but which are not in and of themselves sufficient to estab lish the existence of that fact or relationship. Indicia of partnerhip are circumstances which would suggest that someone is a partner in a firm. Indi cia of title are documents which suggest ownership but do not confirm it; e.g., the carbon copy of a bill of sale. An owner of property who allows another to display or use the indicia of ownership may enable that person to convey good title to a third party without notice. Circumstantial evidence may be described as indicia from which a fact or happening may be inferred or from which a reasonable conclusion may be drawn. INDICT [L. indico, indicare / to make known, betray, inform against] To charge with the commission of a crime, usually in a formal document known as an indictment or a true bill . An indictment is generally issued by a grand jury after the presentation of evidence by a prosecutor. An accusation of crime. IN DIEM On a given day. For a day. INDIGENT [L. (egere), indigere / to need, to lack, to be destitute] A person who lacks the means to obtain life’s necessaties without help from others. A person without food or lodging. INDIGENT DEFENDANT A defendant accused of a crime who is unable to pay for the services of an attorney. Under the terms of the Sixth and Fourteenth Amendments to the U.S. Constitution, he may apply for and be given a court-appointed attorney without cost to him. The court will also waive his costs and fees on appeal. See IN FORMA PAUPERIS; PRO BONO PUBLICO INDISPENSABLE [L. in + dispensare / to measure, weigh out, distribute] Absolutely necessary; essential; a thing or person who cannot be done with out. An indispensable party is a party whose interest is essential to a full and complete determination of all claims arising in a proceeding or litigation. Under the Federal Rules of Civil Procedure, Rule 19(a), if an indispensable party cannot be joined, the action must be dismissed. INDORSE See ENDORSE

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