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. Where the Wagner Act had was aimed primarily
at employer behavior, the Taft-Hartley was aimed at unions
and sought to restrain their activities under certain circumstances,
by detailing union rights and duties. For example, the Taft-Hartley
Act exempted supervisors from it's provisions, allowed employees
to decline participation in union activities and permitted
union decertification petitions.
Tamper
To interfere improperly or in violation of the law such
as to tamper with a document. The term "jury tampering" means
to illegally disrupt the independence of a jury member with a
view to influencing that juror otherwise than by the production
of evidence in open court.
TANF
Temporary Assistance for Needy Families
Tax Litigation
the area of law that provides assistance in the preparation
and presentation of a lawsuit or other resort to the courts
to determine
a legal question or matter as relating to tax situations.
Taxation
the area of law that focuses on taxes.
Technology
the area of law dealing with the scientific technology
involving the production or use of devices especially
in the fields
of electronics and computers.
Temporary Assistance to Needy Families
time-limited assistance payments to poor families. The
program provides parents with job preparation, work
and support
services to help them become self-sufficient.
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.
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.
The contract for this type of legal arrangement
is called a lease. The word "tenant" originated under the feudal system,
referring to land "owners" who held their land on tenure
granted by a lord.
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.
Unity of possession
but distinct titles.
Tender
An unconditional offer of a party to a contract
to perform their part of the bargain. For example,
if
the contract
is a loan
contract, a tender would be an act of the debtor
where he produces the amount
owing and offers to the creditor. In real property
law, when a party suspects that the other may
be preparing to renege,
he or
she can write a tender in which they unequivocally
re-assert
their intention to respect the contract and
tender their end of the
bargain; either by paying the purchase or delivering
the title.
Tenement
Property that could be subject to tenure under
English land law; usually land, buildings
or apartments. The word is
rarely used
nowadays except to refer to dominant or servient
tenements when qualifying easements.
Tenure
A right of holding or occupying land or a
position for a certain amount of time. The
term was first
used in
the English
feudal
land system, whereby all land belonged to
the king but was lent out to lords for a
certain period of
time;
the lord
never owning,
but having tenure in the land. Used in modern
law mostly to refer to a position a person
occupies
such as in
the expression "a
judge holds tenure for life and on good behavior."
Testamentary trust
A trust which is to take effect only upon
the death of the settlor and is commonly
found as
part of
a will. Trusts
which take effect
during the life of the settlor are called
inter vivos trusts.
Testator
A person who dies with a valid will.
Testimony
The verbal presentation of a witness in
a judicial proceeding.
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. In the Torrens
system, a land title certificate suffices
to show
full,
valid
and indefeasible
title. Used
in Australia and several Canadian
provinces.
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. Every person is expected to conduct themselves
without injuring others. When they do so, either intentionally
or by negligence, they can be required by a court to pay money
to the injured party ("damages") so that, ultimately,
they will suffer the pain cause by their action. Tort also serves
as a deterrent by sending a message to the community as to what
is unacceptable conduct.
Tort-feasor
Name given to a person or persons
who have committed a tort.
Tracing
A legal proceeding taken under
the law of equity where the
plaintiff attempts
to reclaim
specific
property,
through the court, whether
the property is still in the
first acquirer's hands or
it has passed onto others, and
even
if the property has been converted
(related common law terms:
conversion, trover and detinue). This is
a procedure
frequently
used by
a trust beneficiary
to recover
misappropriated trust property.
Traffic Violations
the "right to drive" is a privilege, which is governed
by the individual states. Traffic violations are a mix of regulatory
and penal (criminal) offenses based on violations of state statutes
and city ordinances relating to the operation of vehicles.
Transferee
A person who receives property
being transferred (the
person from whom
the property is
moving is the transferor).
Transferor
A person from whom property
moves. Property is transferred
from the
transferor to
th transferor. I sell
you my house and in
transferring title to
you, I am the transferor
and
you, the
transferee.
Transportation Law
the area of law focusing
on the conveyance of
passengers or goods
especially
as a commercial enterprise.
Treaty
A formal agreement between
two states signed
by official representatives
of each state.
A treaty
may be "law-making" in that
it is the declared intention of the signatories to make or amend
their internal laws to give effect to the treaty. The Berne Convention
is an example of such as treaty. Other treaties are just contracts
between the signatories to conduct themselves in a certain way
or to do a certain thing. These latter type of treaties are usually
private to two or a limited number of states and may be binding
only through the International Court of Justice.
Trespass
Unlawful interference
with another's person,
property
or rights.
Theoretically, all
torts are trespasses.
Trial
the area of law
that focuses on
the judicial
examination
of issues
of
fact or law disputed
by parties for
the purpose of
determining the rights of the
parties.
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. The
action of trover
did
not ask for
the return of the
property but
for damages
in
an amount
equal to
the replacement
value
of the
property.
English law
replaced the
action of trover with
that of conversion
in
1852.
Trustee
The person who
holds property
rights
for the benefit
of another
through the legal
mechanism
of the
trust. A trustee
usually
has full management
and administration
rights over
the property
but
these rights
must always
be exercised
to the
full
advantage
of the beneficiary.
All
profits
from
the property
go
to the beneficiary
although the
trustee is
entitled to
reimbursement
for administrative
costs.
There is no
legal impediment
for a trustee
to
also
be a beneficiary
of the
same property.
Trustee de son tort
A trustee "of his own wrong"; 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.
Trusts
the area
of law
that creates
a
fiduciary
relationship
in which
one party
holds
legal title to
another's
property
for
the
benefit
of a party
who
holds
equitable
title
to the
property (see also
estate
planning).
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