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Legal Definitions - incident

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Definition of incident

In legal terms, "incident" can refer to two main concepts:

  • A specific event or occurrence: This refers to a distinct happening, often one that is noteworthy or has legal implications.
  • Something connected or subordinate: This describes a right, duty, or consequence that naturally accompanies, arises from, or is dependent upon a primary right, status, or situation. It's a secondary element that is inherently linked to a more significant one.

Here are some examples to illustrate these meanings:

  • Example 1 (Specific Event): A retail store reported a shoplifting incident to the police, providing security footage as evidence.

    Explanation: Here, "incident" refers to a particular event or happening—the act of shoplifting—that occurred and required a specific response from the store and law enforcement.

  • Example 2 (Connected Right): The right to receive royalty payments is often incident to holding the copyright for a published book.

    Explanation: This illustrates how the right to receive royalties is a natural and dependent consequence that arises directly from the primary right of owning the copyright. It's a secondary benefit inherently linked to the main ownership.

  • Example 3 (Connected Obligation): The obligation to pay property taxes is an incident of real estate ownership.

    Explanation: This demonstrates that paying property taxes is a duty that is inherently linked to and arises from the primary status of owning real estate. It's a subordinate but essential part of property ownership.

Simple Definition

In legal contexts, "incident" can describe something that is dependent upon, subordinate to, or arises out of another, often more significant, matter. It can also refer to a distinct occurrence or happening, or a consequential part of a larger event or legal action.

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