Legal Definitions - incidenter

Incidenter is a historical legal term that refers to something occurring or being considered as a secondary or subordinate matter to a primary issue. It describes an event, observation, or decision that arises in connection with a main proceeding or transaction but is not its central focus or purpose.

• Example 1: During a complex patent infringement lawsuit, the judge might make a ruling concerning the admissibility of a particular piece of evidence, such as an email chain. While crucial for the trial's fairness, this ruling on evidence is considered incidenter to the core question of whether patent infringement actually occurred.

  Explanation: The primary legal battle is about the patent infringement itself. The decision about the email chain's admissibility is a related, but secondary, procedural matter that arises during the main case.

• Example 2: Two corporations are negotiating a multi-million dollar acquisition agreement. As part of these extensive discussions, they also briefly agree on a separate, smaller arrangement for the acquiring company to lease a specific piece of equipment from the target company for a short period after the acquisition closes.

  Explanation: The primary focus is the acquisition of the entire company. The agreement to lease a specific piece of equipment is a related, but incidenter, detail that supports the larger transaction without being its central purpose.

• Example 3: In a probate case concerning the distribution of a deceased person's estate, the main task is to determine how assets will be divided among heirs. Incidenter to this, the court might also need to address a minor dispute over who is responsible for clearing out the deceased's garage, which is a practical detail rather than a core asset distribution issue.

  Explanation: The central legal matter is the proper distribution of the estate's value. The dispute over clearing the garage is a related, but incidenter, administrative task that arises during the overall probate process.