Legal Terms Beginning with T
Taft-Hartley
The name of an American federal labor law which was passed in 1947, and which sought to equalize legal responsibilities of labor organizations and employers; ie. balance the Wagner Act, which, it was felt, may have gone to far in protecting union rights. - (see expanded definition at duhaime.org)
Tamper
To interfere improperly or in violation of the law such as to tamper with a document. - (see expanded definition at duhaime.org)
Tax Amnesty
An opportunity afforded to a tax payer to rectify errors or omissions in past tax years or returns. - (see expanded definition at duhaime.org)
Tax Avoidance
To avoid taxes by arranging one's affairs so as not to incur tax. - (see expanded definition at duhaime.org)
Tax Evasion
Prohibited or illegal act or omission which is designed to reduce a person’s tax liability. - (see expanded definition at duhaime.org)
Tenancy by the entireties
A form of co-ownership in English law where, when a husband transferred land to his wife, the property could not be sold unless both spouses agreed nor could it be severed except by ending the marriage. - (see expanded definition at duhaime.org)
Tenant
A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent. - (see expanded definition at duhaime.org)
Tenants in common
similar to joints tenants. All tenants in common share equal property rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant. - (see expanded definition at duhaime.org)
Tender
An unconditional offer of a party to a contract to perform their part of the bargain. - (see expanded definition at duhaime.org)
Tenement
Property that could be subject to easements. - (see expanded definition at duhaime.org)
Tenure
A right of holding or occupying land or a position for a certain amount of time. - (see expanded definition at duhaime.org)
Testamentary trust
A will. inter vivos trusts. - (see expanded definition at duhaime.org)
Testator
A person who dies with a valid will. - (see expanded definition at duhaime.org)
Testimony
The verbal presentation of a witness in a judicial proceeding. - (see expanded definition at duhaime.org)
Theft
To steal an item of property. - (see expanded definition at duhaime.org)
Thin Skull Rule
Exposure in tort liability towards persons who are particularly vulnerable or more fragile than the norm, who may have inherent weaknesses or a pre-existing vulnerability or condition. - (see expanded definition at duhaime.org)
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. - (see expanded definition at duhaime.org)
Tort
Derived from the Latin word tortus which meant wrong. In French, tort means a wrong. Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury. - (see expanded definition at duhaime.org)
Tort-feasor
Name given to a person or persons who have committed a tort. - (see expanded definition at duhaime.org)
Tracing
This is a procedure frequently used by a beneficiary to recover misappropriated trust property. - (see expanded definition at duhaime.org)
Trademark
trademark or trade-mark defined - (see expanded definition at duhaime.org)
Transferee
A person who receives property being transferred (the person from whom the property is moving is the transferor). - (see expanded definition at duhaime.org)
Transferor
The person from whom title or ownership to property moves; who effects the tranfer; he/she who transfers title (eg. sells their home or other property); so, usually the vendor or seller. - (see expanded definition at duhaime.org)
Treaty
A formal agreement between two states signed by official representatives of each state. - (see expanded definition at duhaime.org)
Trespass
Unlawful interference with another’s person, property or rights. - (see expanded definition at duhaime.org)
Trial
The resolution of a dispute by a Court. - (see expanded definition at duhaime.org)
Trial by Battle
An ancient dispute resolution method: fighting it out. - (see expanded definition at duhaime.org)
Trial by Ordeal
The trial of a criminal or civil action, in medieval England, by torture or drowning. - (see expanded definition at duhaime.org)
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. - (see expanded definition at duhaime.org)
Trust
Property given by a person called the donor or settlor, to a fiduciary; can be used to describe the responsibilities of the beneficiary. - (see expanded definition at duhaime.org)
Trustee
The person who holds property rights for the benefit of another through the legal mechanism of the beneficiary of the same property. - (see expanded definition at duhaime.org)
Trustee de son tort
a person who is not a regularly appointed trustee but because of his or her intermeddling with the trust and the exercise of some control over the trust property, can be held by a court as constructive trustee which entails liability for losses to the trust. - (see expanded definition at duhaime.org)
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