English Legal Terms "T"

Tangible

Capable of being perceived, especially by the sense of touch.

Tangible Personal Property Memorandum

A legal document referred to in a will and used to guide the distribution of tangible personal property.

Temporary Relief

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order

A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Tenancy

An interest in realty which passes to the tenant.

testament

A will disposing of personal property. See WILL.

Testamentary Capacity

The legal ability to make a will.

Testamentary Trust

A trust set up by a will.

Testate

One who has died leaving a will or one who has made a will.

Testator

Male person who makes a will (female: testatrix )

Testatrix

Female person who makes a will (male: testator)

Testify

To make a declaration under oath in a judicial inquiry for the purpose of establishing or proving some fact.

Testimony

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Theft

The act of stealing or the taking of property without the owner's consent

Third-party

A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction.

Third-party Claim

An action by the defendant that brings a third party into a lawsuit.

Time served

A sentence given by the court to a convicted criminal equal to the amount of time that the criminal was incarcerated during the trial.

Title

Legal ownership of property, usually real property or automobiles

Tort

A civil injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident. See EX DELICTO.

Transcript

A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transitory

Actions are "transitory" when they might have taken place anywhere, and are "local" when they could occur only in some particular place.

Trespassing

Unlawful interference with one's person, property and rights

Trial

A judicial examination and determination of issues between parties before a court that has jurisdiction.

Trial court

See TRIAL, COURT (BENCH).

Trial, court (bench)

A trial where the jury is waived and the case is seen before the judge alone

Trial, speedy

The Sixth Amendment of the Constitution guarantees the accused to an immediate trial in accordance with prevailing rules, regulations and proceedings of law.

Trier of fact

Term includes the jury or the judge in a jury-waived trial, who have the obligation to make finding of fact rather than rulings of law.

Tro

See TEMPORARY RESTRAINING ORDER.

True Bill

The endorsement made by a grand jury on a bill of indictment when it finds sufficient evidence for trial on the charge alleged.

True Test Copy

A copy of a court document given under the clerk's seal, but not certified

Trust

A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.

Trust Agreement or Declaration

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee

- The person or institution that manages the property put in trust.

Turncoat witness

A witness whose testimony was expected to be favorable, but who later becomes an adverse witness.