Latin for Lawyers

L ATIN FOR L AWYERS

respect to the allocation of partnership debts would represent an inter se lia bility . INTERVENE, INTERVENTION [L. inter + venio, venire / to come] To come between. To interfere with. To insert oneself. The steps which enable a third party not originally a party to the action to enter the action in order to support the claim of an existing party or to assert a new claim of his own. The process of intervention is controlled in the federal courts by the Federal Rules of Civil Procedure, and in each state by its own rules and stat utes. A third party may intervene as a matter of right or after approval in the discretion of the court. INTERVENING CAUSE An independent act or occurrence which follows and contributes to the loss or injury caused to the plaintiff by defendant’s negligence. If the act could reasonably have been foreseen by the defendant, he will be liable to the plain tiff for the intervening cause as well as for his own negligence. INTER VIRUM ET UXORUM [L. vir / man, husband + uxor /wife] Between husband and wife. INTER VIVOS [L. inter + vivo, vivere / to live, be alive] Between or among the living. A transaction between one living person and another, hence a transaction intended to be consummated during life, as opposed to a transaction causa mortis , or one in comptemplation of, or intended to take effect upon, death. The term is used to describe a variety of transactions, all during the life of the initiating party; e.g., an inter vivos gift, an inter vivos transfer, or an inter vivos trust. See CAUSA MORTIS INTESTABLE L. in + testari / to bear witness or make a will + habilis / able] Not competent to make a will, as in the case of a minor or a deranged or insane person. Also, incapable of being a witness. INTESTACY [L. in + testor, testari / to give evidence; to bear witness. Also, to make a will] The act of dying without a will or with a will which is determined to be invalid. In an intestacy , the disposition of assets is determined in each juris diction under the laws governing intestate succession. INTESTATE [L. in + testare / to make a will] To die without a valid will; also the person who dies without a will. In cases of intestacy, the disposition of the intestate’s property is determined in each state under the laws defining intestate descent.

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