Latin for Lawyers

IN STIRPES

IN STIRPES [L. in + stirpes / the main stem and roots of a tree; source, origin] In intestacy, a decedent’s heirs take by right of representation from an ances tor who can be identified. Distribution of an intestate estate in or per stirpes occurs when the living heirs are not all of the same generation. In that case, the estate is first divided according to generation and then among the mem bers of each generation. Distribution in or per stirpes is distinguished from distribution per capita , which provides for distribution among all eligible tak ers equally, regardless of the levels of generations involved. See PER CAPITA; PER STIRPES INSTITUTE [L. instituo, instituere / to set up, put in place; establish] To put in motion or begin. To start, as to institute an action or suit. To install in a position or office. A collection of laws or principles. Also, an organiza tion devoted to educational functions or purposes. IN STRICTO JURE In strict law. By the letter of the law. INSTRUCT [L. instruo, instruere / to build; to train, teach] To impart knowledge to. To teach or educate. The act of a judge in advising a jury concerning the rules of law controlling the evidence and its delibera tions. To explain an applicable rule of law to a jury. At the close of evidence, the parties to a trial may submit written requests for instructions to the judge. INSTRUMENT [L. instrumentum / equipment, tool, from instruo, instruere / to build] The means for producing or furthering an act or objective. A legal document, such as a deed, mortgage, insurance policy, etc., fixing rights and obligations. A negotiable instrument is a transferable note, check or draft containing an unconditional promise to pay a specified sum to the holder of the instrument or to his order, or to bearer, upon demand or at a definite time. INSULAR [L. insula / island] Relating to or characteristic of an island. Isolated, narrow-minded. INSULAR COURTS Federal courts created to deal with matters arising on or concerning the island possessions of the United States; e.g., the Virgin Islands. IN SUMMA [L. in + superus, superior, summus / at the highest level; greatest] In sum. On the whole.

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