Duhaime's Law Dictionary

T
Legal definitions for terms and concepts beginning with T

Tithe
A tenth or a recurring payment to a church usually, but not always, of a tenth of a person's earnings.
Title
The right or proof of ownership.
Tonnage
The carrying capacity of a ship measured in tons.
Tontine
An arrangement very similar to joint tenancy, between several people whereby they all, initially, share the profits from some investment but once only one of the initial investors survives, said investment accruing fully to the last survivor.
Torah
A primary source of Jewish law including the Old Testament of the Bible and subsequent interpretations thereof.
Torrens Land Registration System
A land registration system invented by Robert Torrens and in which the government is the keeper of the master record of all land and their owners.
Tort
The body of the law which allows an injured person to obtain compensation from the person who caused the injury.
Tort-Feasor
The person(s) who has committed a tort.
Torture
The intentional infliction of pain or suffering on an animal or a person and as for the latter, even if for the purpose of obtaining information such as a confession or the names of accomplices, or as a punishment for crime.
Totten Trust
Money placed in a bank account with the instruction that upon the settler's death, whatever is in that bank account will pass to a named beneficiary.
Towage
The assistance given by one vessel to accelerate the progress of another.
Toxicologist
An expert in the science of toxicology, the study of the adverse effects of chemical, physical or biological agents such as drugs or poisons.
Trace Evidence
Fibers, hair and other such microscopic evidence which relates to the commission of a crime.
Tracing
A process of identifying the substitute of an original asset claimed by the plaintiff.
Tractatus de legibus et consuetudinibus regni Angliae
1188 statement of English common law.
Trade Fixtures
Fixtures created during the course of a commercial lease and which revert to the tenant at the end of the lease if removable without damage.
Trade Libel
Defamatory statements made in regards to the quality of a business' product(s) or services.
Trademark
A word, name, logo or slogan used by a person selling goods or services to distinguish and identify their goods or services from those of another.
Trade Secret
Unique and discreet commercial information.
Trade Union
A defined group of employees formed for the purposes of representing those employees with the employer as to the terms of a collective contract of employment.
Trafficking
The selling or involvement in commercial activity of something for which commercial activity is unlawful
Traffic Ticket
A written notice to a driver of a suspected violation of traffic law, and specifics thereof.
Transcript
An official direct and verbatim written record of what was said, as in a court of law or other judicial proceedings, or even private conversations.
Transfer
Delivery from one person to another of property.
Transferee
A person who receives property being transferred.
Transferor
The person from whom title or ownership to property moves.
Transit In Rem Judicatam
Latin: The cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher.
Transmutation
The conversion of a separate property asset into marital property intentionally or by virtue of words and actions during marriage.
Transsexual
An individual who, by surgery, has undergone a sex change operation (transsexual surgery).
Traverse
To deny an allegation or the validity of an office or of some other official act.
Treason
To aid or enlist with a state enemy or to attempt or conspire to harm the head of state, such as a king, queen or president.
Treaty
A formal agreement between two states signed by official representatives of each state.
Trespass
Unlawful interference with another’s person, property or rights.
Triage
To sort or choose, especially as a process used to determine the urgency or need for emergency care based on a preliminary assessment or observation.
Trial
The resolution of a dispute by examination of evidence submitted by opposing litigants by a tribunal or Court of law, and determination of (1) guilt (in a criminal trial) or (2) of a civil dispute of fact or law.
Trial by Battle
An ancient dispute resolution method where those in dispute would fight one another until submission or death.
Trial by Ordeal
The trial of a criminal or civil action, in medieval England, by torture or drowning.
Tribal Sovereign Immunity
(USA) A doctrine that Indian tribes are immune from judicial proceedings without their consent or Congressional waiver.
Tribal Sovereignty
(USA) A doctrine which recognizes Indian tribes' inherent powers to self-govern, to determine the structure and internal operations of the governing body itself, and exemption from state law that would otherwise infringe upon this sovereignty.
Trinity Term
The third of four English court terms during the calendar year.
Trinoda Necessitas
Latin: three ancient necessities held to be owed all landowners to the English kingdom.
Trite Law
A principle of law so notorious and entrenched that it is commonly known and rarely disputed.
Trover
An old English and common law legal proceeding against a person who had found someone else’s property and has converted that property to their own purposes.
Truancy
The willful and unjustified absence of a child from school.
Trust
A legal obligation with respect to property given by a person (donor) to another (trustee) to the advantage of a beneficiary
Trustee
A person who holds property rights for the benefit of another.
Trustee De Son Tort
A person who is not a regularly appointed trustee but because of interference with the trust can be held by a court as constructive trustee which entails liability for losses to the trust.
Tu quoque
Latin: you too; a justification in international law that the whatever act is being complained of was also committed by the accusing parties.
Two-Spirited Person
The term used in North American native tradition to refer to an intersex individual.
Tyranny
A form of government other than a monarchy in which the formal written constitution is not adhered to and is broken by force of arms by a single person who then undertakes to rule as a monarch and primarily in his personal interests.
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