The initial letter of the word "Insti- tuta," used by some civilians in citing theInstitutes of Justinian. Tayl. Civil Law, 24.
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An abbreviation for "id est," that is; that is to say.
In mercantile law (Transferable quality. That quality of bills of exchange and promissory notes which renders them transferable from one person to another, and from possessing which they are emphatically termed "negotiable paper." 3 Kent, Comm. 74, 77, 89, et seq. See Story, Bills,
A memorandum of debt, consisting of these letters, ("I owe you,") a sum ofmoney, and the debtor's signature, is termed an "I O U." Kinney v. Flynn, 2 R. I. 329.
An abbreviation for "Law Reports."
In old English law. The season for sowing winter corn. Also spelled"hibernagium" and "hybernagium."Ibi temper debet fieri triatio ubi jura- tores meliorem possunt habere notitiam.7 Coke, 16. A trial should always be had where the jurors can be the best informed.
a Latin word that means the same.
Lat. In the same place; in the same book ; on the same page, etc. Abbreviatedto "ibid." or "ib."
The ancient name for the people of Sutfolk, Norfolk, Cambridgeshire, andHuntingdonshire, in England.
An image, figure, or representation of a thing. Du Cange.
An abbreviation for "juriscon- sultus," one learned in the law; a jurisconsult
Lat That is. Commonly abbreviated "i. e."Id perfectum est quod ez omnibus suia partibus constat. That is perfect whichconsists of all its parts. 9 Coke, 9.Id possumus quod de jure possumus.Lane, 110. We may do only that which by law we are allowed to do.Id quod est magis remotum, non trahit ad se quod est magis junctum, sed e contrarioin omni casn. That which is more remote does not draw to itself that which ianearer, but the contrary In every case. Co. Litt. 104.Id quod nostrum est sine facto nostro ad alium transferri non potest. Thatwhich is ours cannot be transferred to another without our act. Dig. 50, 17, 11.Id solum nostrnm quod debitis deductis nostrum est. That only is ours which remainsto us after deduction of debts. Tray. Lat. Max. 227.
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 scnsu, (thesame in substance and in sense.) 10 Coke, 124a.In old practice. The said, or aforesaid; said, aforesaid. Distinguished from "prcedictws"in old entries, though having the same general signification. Townsh. PI. 15, 16.Idem agens et patiens esse non potest.Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer andperson to whom the thing is done.Idem est facere, et non prohibere cum possis; et qui non prohibit, cum prohiberepossit, in culpa est, (aut jubct.)3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; andhe who does not prohibit when he can prohibit is in fault, or does the same as orderingit to be done.Idem est nihil dicere, et insufficienter dicere. 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 isthe same as not to say it at all. Applied to the plea of a prisoner. Id.Idem est non esse, et non apparere.It is the same thing not to be as not to appear. Jenk. Cent. 207. Not to appear is thesame thing as not to be. Broom, Max. 165.Idem est non probari et non esse; non deficit jus, sed probatio. What is not provedand what does not exist are the same; It Is not a defect of the law, but of proof.Idem est scire ant scire debere aut potuisse. To be bound to know or to be able toknow is the same as to know.
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. G85. “The same” is always referred to its next antecedent
Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, as”Lawrence” and “Lawronce,” and the like. 1 Cromp. & M. 800; 3 Chit Gen. Pr. 171.Two names are said to be “idem sonantes” if the attentive ear finds difficulty in 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 sonans” 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. Huhner v. Iteickhoff, 103 Iowa, 308, 72N. W. 540, 04 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. 001, 27 Am. St. Rep. 783.
the word used to describe a thing that is the same as something else in all respects.
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 recognized as the same which once passed under the observation of the person identifying them.Identitas vera colligitur ex multitu- dine signorum. True identity is collected from a multitude of signs. Bac. Max.
A card issued to each member of a health care plan. This card is presented at the time of a medical service to identify the person as being covered by an insurer.
In English law. An ancient writ (now obsolete) which lay forone taken and arrested in any personal action, and committed to prison, by mistake foranother man of the same name, ritzh. Nat Brev. 267.
In the law of evidence.Sameness; the fact that a subject, person, or thing before a court is the same as it isrepresented, claimed, or charged to be. See Burrill, Circ. Ev. 3S2, 453, 031, G44.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 theresult obtained be the same, but, in case the mean? used for its attainment is acombination of known elements, the elements combined in both cases must be thesame, and combined in the same way, so that each element shall perform the samefunction; provided that the differences alleged are not merely colorable according to therule forbidding the use of known equivalents. Electric Railroad Signal Co. v. HallRailroad Signal Co., 114 U. S. 87, 5 Sup. Ct. 1009, 29 L. Ed. 90; Latta v. Shawk, 14 Fed.Cas. 1188. "Identity of design" means sameness of appearance, or, in other words,sameness of effect upon the eye,