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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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IDEM
Lat. The same. According to Lord Coke, "idem" has two significations. sc., idem syllabis seu verbis, (the same in syllables or words,) and idem re et sensu, (the same in substance and in sense.) 10 Coke. 124a. In old practice. The said, or aforesaid; said, aforesaid. Distinguished from "prae-dictus" in More...

Lat. The same. According to Lord Coke, "idem" has two significations. sc., idem syllabis seu verbis, (the same in syllables or words,) and idem re et sensu, (the same in substance and in sense.) 10 Coke. 124a. In old practice. The said, or aforesaid; said, aforesaid. Distinguished from "prae-dictus" in old- entries, though having the same general signification. Townsh. PL 15V 16. Idem agens et patiens esse non potest. Jenk. Cent 40. The same person cannot be both agent and patient; i. e., the doer and person to whom the thing is done. Idem est facere, et non prohibere eum possis; et qui non prohibit, out pro-bibere possit, in culpa est. (aut jubet.) 3 Inst 158. To commit, and not to prohibit when in your power, is the same thing; and he who does not prohibit when he can prohibit is in fault, or does the same as ordering it to be dona Idem est nihil dieere, et insmnteienter dieere. It is the same thing to say nothing, and to say a thing insufficiently. 2 Inst 178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of a prisoner. Id. Idem est non ease, et non apparere. It is the same thing not to be as not to appear. Jenk. Cent 207. Not to appear is the same thing as not to be. Broom, Max. 165. Idem est non proberi et non esse; non deficit jus, sed probatio. What is not proved and what does not exist are the same; It is not a defect of tbe law, but of proof. Idem est scire aut scire debars aut potuisse. To be bound to know or to be able to know is the same as to know. Less...
IDEM PER IDEM
The same for the same. An illustration of a kind that really adds no additional element to the consideration of the question. Idem semper antecedent! proximo refertur. Co. Litt. 685. "The same" is always referred to its next antecedent

The same for the same. An illustration of a kind that really adds no additional element to the consideration of the question. Idem semper antecedent! proximo refertur. Co. Litt. 685. "The same" is always referred to its next antecedent Less...
IDEM SONANS
Sounding the same or alike; having the same sound. A term applied to naines which are substantially the same, though slightly varied In the spelling, as "Lawrence" and "Lawrance," and the like. 1 Crom0. A M. 806; 3 Chit Gen. Pr. 171. Two names are said to be "idem sonantes" More...

Sounding the same or alike; having the same sound. A term applied to naines which are substantially the same, though slightly varied In the spelling, as "Lawrence" and "Lawrance," and the like. 1 Crom0. A M. 806; 3 Chit Gen. Pr. 171. Two names are said to be "idem sonantes" if the attentive ear finds difficulty iu distinguishing them when pronounced, or if common and long-continued usage has by corruption or abbreviation made them identical in pronunciation. State v. Griffie, 118 Mo. 188, 23 S. W. 878. The rule of "idem sonant" is that absolute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pronounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced, the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. Hubner v. Iteick-hoff, 103 Iowa, 368, 72 N. W. 540, 64 Am. St Rep. 191. But the doctrine of "idem sonans" has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the opposite party to his prejudice. State v. White, 34 S. C. 59, 12 S. E. 661t 27 Am. St Rep. 783. Less...
IDENTIFICATION
Proof of identity; the proving that a person, subject, or article before the court is the very same that he or it is alleged, charged, or reputed to be; as where a witness recognizes the prisoner at the bar as the same person whom he saw committing the crime; or More...

Proof of identity; the proving that a person, subject, or article before the court is the very same that he or it is alleged, charged, or reputed to be; as where a witness recognizes the prisoner at the bar as the same person whom he saw committing the crime; or where handwriting, stolen goods, counterfeit coin. etc.. are recognised as the same which once passed under the observation of the person identifying them. Identitas vera eolHgitur ex multitu-dine signorum. True Identity is collected from a multitude of signs. Bac. Max. Less...
IDENTITATE NOMINIS
In English law. An ancient writ (now obsolete) which lay for one taken and arrested in any personal action, and committed to prison, by mistake for another man of the same name. Fitzh. Nat Brer. 267.

In English law. An ancient writ (now obsolete) which lay for one taken and arrested in any personal action, and committed to prison, by mistake for another man of the same name. Fitzh. Nat Brer. 267. Less...
IDENTITY
In tbe law of evidenoe. Sameness; the fact that a subject, person, or thing before a court is the same as it Is represented, claimed, or charged to be. See Burrill, Circ. Ev. 382, 453, 631, 644. In patent law. Such sameness between two designs, inventions, combinations, etc., .as will More...

In tbe law of evidenoe. Sameness; the fact that a subject, person, or thing before a court is the same as it Is represented, claimed, or charged to be. See Burrill, Circ. Ev. 382, 453, 631, 644. In patent law. Such sameness between two designs, inventions, combinations, etc., .as will constitute the one an infringement of the patent granted for the other. To constitute "identity of invention," and therefore infringement, not only must the result obtained be the same, but in case the means used for its attainment is a combination of known elements, the elements combined in both cases must be the same, and combined in the same way, so that each element shall perform the same function; provided that the differences alleged are not merely colorable according to the rule forbidding the use of known equivalents. Electric Railroad Signal Co. v. Hall Railroad Signal Co., 114 U. S? 87, 5 Sup. Ct 1069, 29 L. Ed. 96; Latta v. Shawk, 14 Fed. Cas. 1188. "Identity of design" means sameness of appearance, or, in other words, sameness of effect upon the eye,-not the eye of an expert, but of an ordinary intelligent observer. Smith v. Whitman Saddle Co., 148 U. S. 674, IB Sup. Ct 768, 37 L. Ed. 606. Less...
IDEO
Lat. Therefore. Calvin.

Lat. Therefore. Calvin. Less...
IDEO CONSIDERATUM EST
Lat. Therefore it is considered. These were the words used at the beginning ef the entry of judgment in an action, when the forms were in Latin. They are also used as a name for that portion of the record.

Lat. Therefore it is considered. These were the words used at the beginning ef the entry of judgment in an action, when the forms were in Latin. They are also used as a name for that portion of the record. Less...
IDES
A division of time among the Romans. In March, May, July, and October, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is still retained in the chancery of Rome, and in the calendar of the breviary. Wharton.

A division of time among the Romans. In March, May, July, and October, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is still retained in the chancery of Rome, and in the calendar of the breviary. Wharton. Less...
IDIOCHIRA
Gmco-Lat. In the civil law. Ah instrument privately executed, as* distinguished from such as were executed before a public officer. Cod. 8, 18, 11; Calvin.

Gmco-Lat. In the civil law. Ah instrument privately executed, as* distinguished from such as were executed before a public officer. Cod. 8, 18, 11; Calvin. Less...

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