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History of Bail
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". An earlier law, called the Wagner Act, was aimed primarily at
employer behavior and, it was felt, may have gone too far in protecting union
rights. To balance that, 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 its
provisions, allowed employees to decline participation in union activities and
permitted union decertification petitions.
To interfere improperly or in violation of the law. One example is "jury
tampering", which 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.
Temporary Restraining Order
Prohibits a person from taking an action that is likely to cause irreparable
harm. This differs from an injunction in that it may be granted immediately,
without notice to the opposing party, and without a hearing. It is intended to
last only until a hearing can be held. Sometimes referred to as a "T.R.O."
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.
An ancient term derived from "tenure", the feudal system under which land
ownership was granted to someone by their lord. Today, a tenant is one who is
granted temporary and exclusive use of land or a part of a building by a
landlord, usually in exchange for rent. The contract for this type of legal
arrangement is called a lease
Tenants in common
Unity of possession but distinct titles. Similar to joint tenants (which see).
All tenants in common share equal property rights except that each tenant can
dispose of his share separately. For instance, 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.
In law, an unconditional offer by a party to a contract to perform their part of
the bargain. In a loan contract, a tender would be an act of the debtor
producing the amount owing and offering it to the creditor. In real property
law, either party can write a tender; the seller to reassert the intention to
respect the contract and tender the title, or the buyer, offering to tender the
purchase price immediately.
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
freedominant or servient tenements when qualifying easements. Popularly, it has come
to mean a run-down piece of rental property.
Originally, 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. Today it
is 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."
A trust which takes effect only upon the death of the settlor, commonly found as
part of a will. Trusts which take effect during the life of the settlor are
called inter vivos trusts.
A person who dies with a valid will.
The verbal presentation of a witness in a judicial proceeding.
Derived from the Latin word tortus which means wrong. In French, "tort" means "a
wrong". Today, tort refers to that body of the law which will allow an injured
person to obtain compensation from the person who caused the injury. All persons
are expected to live without injuring others. When they do injury to others,
either intentionally or by negligence, tort law can be invoked so that they can
be required by a court to pay money ("damages") to the injured party so that,
ultimately, they will suffer from their own injurious actions. Tort also serves
as a deterrent by sending a message to the community as to what is unacceptable
Name given to a person or persons who have committed a tort.
The attempt, by a plaintiff, to reclaim certain specific property. This is a
legal proceeding taken through the court under the law of equity. The property
may be still in the first acquirer's hands or it may have passed on to others,
and even have 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.
A written, word-for-word record of what was said, either in a proceeding such as
a trial, or during some other formal conversation, such as a hearing or oral
A person who receives property being transferred (the person from whom the
property is moving is the transferor).
A person from whom property moves or is transferred. Property moves from the
transferor to the transferor. The party selling is the transferor and transfers
title to the transferee.
A formal agreement between two states signed by official representatives of each
state. Some treaties are "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. Other treaties are just contracts between the signatories to conduct
themselves in a certain way or to do a certain thing. These treaties are usually
private, between two or a limited number of states and may be binding only
through the International Court of Justice.
Unlawful interference with another's person, property or rights. Theoretically,
all torts are trespasses.
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 asked for damages in an amount equal to the replacement
value of the property rather than the return of the property itself. English law
replaced the action of trover with that of conversion in 1852.
Property given by one person or group (the donor or settlor), to a trustee, for
the benefit of another person (the beneficiary or donee). The trustee manages
and administers the property. Actual ownership is shared between the trustee and
the beneficiary and all the profits go to the beneficiary. The trustee has a
fiduciary responsibility to the beneficiary. There are many forms of trusts. A
will is a form of trust but trusts can be formed during the lifetime of the
settlor in which case it is called an inter vivos or living trust.
The person holding property rights for the benefit of another through the legal
mechanism of a trust, usually having full management and administration rights
over the property. These rights must always be exercised to the full advantage
of the beneficiary and all profits from the property go to the beneficiary, and
a trustee can be held responsible for any mismanagement of the trust's assets.
The trustee is entitled to reimbursement for administrative costs and there is
no legal impediment for a trustee to 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.
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