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KembaraXtra – Legal Terms – Inquisitorial Procedure
Inquisitorial procedure is a system of criminal justice in which the judge plays an active role in investigating the facts. This contrasts with the adversarial system used in England, where parties control the presentation of evidence.
The inquisitorial model aims to uncover the truth through judicial inquiry rather than contest. It is commonly used in civil law jurisdictions across Europe.
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KembaraXtra – Legal Terms – In Re
In re, meaning “in the matter of,” is used in legal case titles where proceedings concern a specific issue rather than opposing parties. It frequently appears in probate, insolvency, and family law cases.
The phrase emphasizes that the court is addressing the status or interpretation of a matter rather than adjudicating a dispute between litigants.
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KembaraXtra – Legal Terms – In Rixa
In rixa refers to statements made in anger or in the heat of the moment. In defamation law, it may be raised as a defence where words spoken were not intended as serious allegations.
The defence recognizes human impulsiveness and emotional reaction. Courts assess whether the words would reasonably be taken seriously by those who heard them.
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KembaraXtra – Legal Terms – In Rem
In rem describes rights or legal actions directed against property rather than individuals. Property ownership is the clearest example of a right in rem, as it is enforceable against the world at large.
In rem proceedings are particularly significant in admiralty law, where ships themselves may be subject to legal action. The concept contrasts sharply with in personam claims.
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KembaraXtra – Legal Terms – Inspection by Judge
Inspection by judge, also known as a judicial view, occurs when a judge personally examines a place, object, or scene relevant to a case. This may involve visiting land, premises, or physical evidence where written descriptions or photographs are insufficient to convey essential facts.
Such inspections are not evidence in themselves but assist the judge in understanding the evidence presented. The process enhances accuracy in fact-finding, particularly in disputes involving land boundaries, construction defects, or physical conditions.
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KembaraXtra – Legal Terms – In Specie
In specie means “in its original form.” In trust and succession law, it refers to property being transferred or enjoyed exactly as it exists, rather than being converted into money.
The principle preserves the testator’s or settlor’s intentions. Beneficiaries receiving property in specie must accept it in its actual condition.
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KembaraXtra – Legal Terms – Insider Dealing
Insider dealing involves using confidential, price-sensitive information to trade in securities for personal advantage. It undermines market integrity and investor confidence.
The offence extends beyond trading to include disclosure of inside information and encouraging others to trade. Strict penalties reflect the seriousness of market abuse.
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KembaraXtra – Legal Terms – Insolvency Practitioner
An insolvency practitioner is a licensed professional appointed to manage insolvency processes such as liquidation, administration, or bankruptcy. Their role is to protect creditors’ interests while ensuring lawful asset distribution.
Practitioners must meet statutory qualification requirements and adhere to professional standards. Their work is central to the orderly resolution of financial failure.
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KembaraXtra – Legal Terms – Insanity
Insanity is a criminal defence based on the accused’s mental condition at the time of the offence. Under the M’Naghten Rules, the defendant must show a defect of reason caused by a disease of the mind.
If successful, the verdict is “not guilty by reason of insanity.” The defence reflects the principle that criminal liability requires moral and cognitive responsibility.
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KembaraXtra – Legal Terms – Innocent Misrepresentation
Innocent misrepresentation occurs where a false statement induces a contract but is made without negligence or intent to deceive. The representor genuinely believes the statement to be true.
The primary remedy is rescission of the contract rather than damages. The law treats innocent misrepresentation more leniently than fraudulent or negligent misrepresentation.
