Latin for Lawyers

L ATIN FOR L AWYERS

IN SITU [L. in + situs / place, position] In its place or location. In its original place; in its proper position. Used to describe the location of a parcel of property. INSOLVENCY [L. in + solvo, solvere / to free, release, loosen] To be fettered by debt; to be unable to pay one’s debts. To have more debts than assets. In bankruptcy law, to be incapable of meeting one’s financial obligations as they become due. This is a stricter test than the test of measur ing one’s net assets by subtracting his liabilities from his assets. IN SPECIE [L. in + specere / to look at, behold] Of that very kind. Specifically. A decree or order in specie is a decree or order requiring specific performance. An object is in specie when it exists as a distinct unit of a class or group. Also, money or coin. To pay in specie is to pay in silver or gold or other coin, not in paper money. See FUNGIBLE INSPECT, INSPECTION [L. in + specto, spectare / to look at, study, watch] To look at carefully and critically; to examine in detail. An examination of goods or property by a public agent authorized to inquire into compliance with laws or regulations, as the inspection of property by a building inspector to determine conformity with building and zoning requirements or the exam ination of imports by a customs agent. A buyer's examination of goods prior to acceptance or payment. UCC § 2-513(1). Under the rules of discovery, inspection refers to the examination by one party of the papers, documents and other evidence of the opposing party. INSTANTER [L. insto, instare / to stand on, to pursue. Also, to persist, insist on] Immediately, forthwith. An act which must be done expeditiously, often within twenty-four hours. A judge may order a pleading to be filed instanter , or an appellate court may order or permit a brief or memorandum to be filed instanter . IN STATU QUO [L. in the present position] In an existing situation or condition. In contract law, a party may be required to place the other party in the position he was in before the execution of the contract, i.e., in statu quo ante . A party seeking rescission of a contract must first place the other party to the contract in statu quo . See STATUS QUO

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