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Legal explanations - Law terms Category: Legal Date & country: 25/02/2010, SG Words: 2570

Testimony
The evidence or statement of evidence declared by the witness under the oath, to the court of law where trial was taking place.

Theft
It is the common term used for the act of wrongly and dishonestly taking away someone elses' property without his/her consent usually to dispose it off for monetary gains as well as depriving the real owner of it.It is also commonly used for crimes like tresspassing, embezzlement, looting, burglary etc though all of these have different methods of ...

Third Party
It is somone other than the first two principals who have entered into a contract or an agreement. Third party are not a direct party in the agreement or contract,but they may be present as a beneficiary to the contract or somone affected by the contract between the first two principals ( first party and second party). This could be the case of thi...

Third-Party Beneficiary
Someone (third party) who has been beneficary to the contract though not a direct party to contract and having the right to sue.Normally the third party has no legal rights unless he is the beneficiary of such contract or agreement.

Thirty-Day Notice
It is a notice served by a landlord to the present tenant to vacate the premises within thirty days. The reason may not be the failure to pay rent. Failure to act as per the notice can lead to lawful course of eviction from the premises.

Three Strikes, You're Out
n. recent (beginning 1994) legislation enacted in several states (and proposed in many others, as well as possible federal law) which makes life terms (or extremely long terms without parole) mandatory for criminals who have been convicted of a third felony (as in California) or of three felonies involving violence, rape, use of a deadly weapon or ...

Three-Day Notice
A three day notice is given by the landlord to the tenanat in cases where the tenant has not paid the rent,damaged or destroyed the rental or leased property,violated the rental or leased agreement or the tenant's other improper conduct.The three day notice must state the type of violation and if it is possible to correct it what can be done to cor...

Tide Lands
The wet sand area between the high and low water points that the tidal action covers each day. It is here where the basis of the access to the water is derived. Normally this land is owned by the person who owns the property fronting the sea. Initially these were taken to be the property of State.

Time Is Of The Essence
It is a statement used in contract or agreements and meant to specify that the time and dates mentioned in contract are very important to maintain and should not be ignored by any of the party under any circumstances. The agreement is liable for cancellation if there is a delay of any form.

Time Served
The sentence that a criminal or convict have spent in remand, while waiting for his trial or his bail application to be accepted, and where once found guilty will serve the full sentence less the time period already served while awaiting trial or bail.

Timely
1) on time. 2) in the time specified in the contract, or by court.

Title
It is an evidence of ownership of real estate which is supported by a deed or any other legal document abiding by the laws of the country which prevents the right of anyone else to claim the property.2) position of a person in a company or firm 3) legal name of things like books, cases, theatres by which it is known.

Title Abstract
History or record of documents of a piece of land that states any changes in ownership of title or any other liabilities attatched to it.

Title Company
A company that supplies title insurance.

Title Insurance
We are currently updating our definition for Title Insurance. We hope to have the definition for Title Insurance available within the next few weeks. Please visit us soon.

Title Report
it is a detailed written report on the title( real property) that covers the facts such as preperty descrition, holders of the property, the manner of holding, claims and liabilities, taxations and issues unsolved and solved. This is the report which is referred by the Title insurance company who does all the possible due diligence.

Title Search
it is a record of all the possible searches and examination of the title in local offices which maintains the records of real estates in that region. The records are made for the title insurance company to make a decision on guaranting the new titleholder on aspects which they have summarised as flawless. These records are regarding the present own...

To Wit
Namely, that is to say, to know. Eg. The wonders of the world are , to wit: Opera house in Sydney, the Statue of Liberty .......

Toll
1) tax paid by the citizens for certain priviledges offered by the government like using the highway, crossing bridge over water. 2) To suspend, delay or stop the effect of something (normally a legal term)

Tontine
It is an agreement or partnership of its kind amongst few people who agree to the be partners in investment lifelong and the last one to survive would be the one to receive all the gains and ownerships of the property.

Tools Of Trade
Under Bankruptcy law, the instruments, equipments and tools used by an individual in his occupation , such as machinery, devices etc, which he can individually run without the help of the additional labour,are his tools of trade. Under this law, these are exempted from any claims of creditors as law considers these as the only daily source of incom...

Tort
Derived from the french word ' wrong' , it means a civil wrong or wrongful act.Torts include injuries made by a person to another for which he is legally responsible.It can be either intentonal or accidental.In most cases the injury caused is likely to be physical but that is not the requirement it can also be mental distress.It relates to somethin...

Tort Claims Act
It is akind of a law created through judges and by leguslatures.Torts are civil wrongs and the law helps in providing legal remedy for the damage caused and

Tortfeasor
n. a person who commits a tort(civil wrong ) either intentionally or through negligence.

Tortious
A doing or an act which is a tort

Toxic Tort
"Injury to a person by a toxic substance that another individual or company is responsible for and may be sued. For example: if someone is diagnosed with mesothelioma (cancer caused by asbestos), he/she could sue the company who is responsible for their lengthy exposure to asbestos.

Trade
A wilfull exchange of goods or services either for the exchange of goods , services or money. It referes to a business or a profession held for the cause of profit from the market where the exchange takes place. It is commonly known as commerce.

Trade Dress
A product's unique packaging that uniquely identifies that product. For example: the bottle for Ms. Butterworth's pancake syrup bottle is shaped like the brand's namesake. Trade dress can be trademarked.

Trade Fixture
it`s a personal property of the business tenant on the real property where the tenant is doing his business and who removes or dismantles those fixtures at the time of completion of the lease or tenancy. For Eg. A tenant has machinery fixed to the floor of the property which needs to be vacated as the term of tenancy is over. The tenant has th...

Trade Name
The official name of a business which it uses to identify itself is called a "trade name".It also identifies the reputation of the business.This name is used on its bank accounts ,letter heads,stock certificates and invoices.

Trade Secret
It is a process,method,plan,idea,formula or other information which provides a business with a competitive advantage over its competitors.Trade secrets have value and are protected by court-ordered injunction.The owner of the trade can seek damages against the person who tries to reveal the secret.Also, when trade secrets are involved in a lawsuit,...

Trademark
a word,phrase,distinctive design,symbols,logos etc which identify the goods of one manufacturer from the goods of others.they are like business assets as they help the companies in creating the reputation of their products with that of its competitors.It helps the consumers to identify the products and avoids confusion.

Trademark Registration
Federal registration of a mark with the US Patent and Trademark Office (PTO) to prove its use and ownership.Federal trademarks should be used on a regular basis on goods manufactured/and or sold.Without this designation, it may be hard to collect damages from one who infringes the mark.

Trader
a person whose business or occupation is to buy goods or services and sell the same at a profit. A trader is also known as a merchant and he can be dealing in anything from property, merchandise, stock market shares etc and who sells it at a margin, irrespective of the quantity he sells. A person making an investment is not a trader.

Transcript
It is referred to all the records in writing for the proceedings in the court either for the trial or any other conversation held in hearing or desposition. The transcripts are a word to word record of what was said in the session.

Transfer
The act by which the owner of a property delivers it to another person with the intention of pasing all the rights that he had in it to the other person.

Transfer Agent
A transfer agent is a person or company retained by a corporation who assists in securities transactions to process trasfers and registration of stock certificates.

Transferred Intent
In criminal and tort law an intention to cause harm to one person results in harm to another person instead of the targetted one the law trasfers the intent to the actual harm.

Treason
Disloyalty, treachery, betrayal to ones own country usually by the way of supporting and purposely aiding the enemies thereby leading to war and civil disorder in the country.

Treasury Bill
It is a promissory note issued by the US government and having a maturity of one year or less.It is exempted from state and local taxes.

Treasury Bond
It is a long term bond issued by the US treasury with a maturity over ten years.

Treasury Note
It is a promissory note issued by the US treasury for a period of one to five years.

Treasury Stock
It is referred to the stock which was issuesd by the company and then re-acquired by the company itself to reduce the stock in the open maket. These shares do not pay dividends and have no voting rights.In the balance sheet these are reflected as reduced from the actual shareholders equity. In United kingdom, the treasury stock is known as debt sto...

Treaty
it is a contract, an agreement, a pact between International Organizations and Countries and its States under International Law.It can be pertaining to trade and peace or some other agreement.

Treble Damages
It is tripling of damages by certain state statute,which vary by state.It applies in certain cases like not making good on a bad check or intentionall refusing to pay rent. Treble damages are intented to punish the guilty party and discourage others from similar behaviour.

Trespass
Trespass is entering into another person's property without permission of the owner or legal authority and causing damages no matter how slight.If it is with an illegal attempt it is crime, it can also be a civil wrong (tort) such as dumping waste or removing trees on the property.In addition to damages, a court may grant an injunction prohibiting ...

Trial
1) it is a display, discussion and examination of certain charges or claims and evidences in a fomal environment and set-up like a court presided by the judge and jury, to determine whether the claims and evidences are correct or not. 2)Act of testing the performance to ensure that it meets certain standard.

Trial Court
Court that holds the original trial as different from the court of appeals.

Trial De Novo
It is a type of appeal in which the appeal court holds a trial as if a prior trial had never been held.It is often conducted in appeals from small claims court judgements.

Tribunal
The place from where a judge presides and administer justice ie court; the body of judges which forms a jurisdiction eg a board, a commission or a referee.

Trier Of Fact
It refers to a judge or jury who decides the facts and law of the court case. In jury trial, the jury decides finds fact while the judge makes law that would be applicable. In cases where there is no jury ie bench trial, the judge takes charge of facts and law.

Triple Net Lease
It is a lease agreement where it is agreed by the tenant or leasee that he would pay all maintenance bills ( repairs, upgrades), property taxes and the insurance of that property , in addtion to the normal agreed rent.The rent is comparatively lower but the owner of the property is relieved as his financial responsibilities towards taxes,insurance ...

True Bill
The written words which are endorsed on the bill of indictment by the jury indicating , that they have heard the evidences and witnesses from the government or prosecution whereby it is their joint opinion that the accused person must be put on the trial.

Trust
It is a contract or an entity created , by giving the responsibility and legal title of property or any asset to trustees who would manage these. The assets are kept in custody of the trustees who are known for its reliability, integrity and well known chracteristic in the society and who would be totally faithful. The trusts are formed by the trus...

Trust Deed
It is an agreement to prove that the real property and its title has been transferred to the named trustee (third party who is neutral) who would hold such assets till the time, the actual owner or the borrower repays debt. This is for the benefit of the lender and thus is also known as deed of trust which is also used as mortagage in some places

Trust Fund
It is the fund held in trust in form of either real property or monies and securities formed by the way of profits and donors collection.

Trustee
(n) A trustee is a legal entity entrusted with the property of a trust formed under a trust deed or declaration of trust. The trusty holds and manages the property on behalf of the beneficiaries of the trust.

Trustee In Bankruptcy
(n) Trustee in bankruptcy is defined as the person appointed by a bankruptcy court to assess, hold, manage the property and affairs of the bankrupted person and to report to the Court. Courts generally appoint full time professionals qualified for the purpose to run the trust property.

Trustor
(n) The person who transfer his property to the benefit of a beneficiary under a trust deed or declaration is called Trustor or settler. By the trust deed he disowns his right in the property specified in the trust deed. A trustor can also become a beneficiary under the trust formed by him.

Truth In Lending Act
(n) When a loan agreement is entered between a lender and a borrower, the Lending Act stipulate a duty on the lender to provide all information about the interest rate to the borrower. A borrower gets three days grace period to compare the rates with that of the market rate and can decide to continue or cancel the loan agreement within this period.

Turn States' Evidence
(n) Evidence plays a crucial role in any trial. A person involved in that crime is more knowledgeable about the crime than anybody. So with voluntary help from such a person a prosecutor can charge the case completely and clearly. Law support such accused willing to become witness by lenient treatment and light sentences etc. Such accused persons a...

Twinkie Defense
n. a claim by a criminal defendant that at the time of the crime he/she was of diminished mental capacity due to intake of too much sugar, as from eating "Twinkies," sugar-rich snacks. The defense was argued successfully by a defense psychiatrist in the notorious case of former San Francisco County Supervisor Dan White, who shot and killed San Fran...

U.S. Copyright Office
The Federal office that administers copyright registration

U.S. Patent And Trademark Office
Branch of the U.S. Department of Commerce that administers patent and trademark laws

UCC-1
(n). UCC-1 is the form used under Uniform Commercial Code provisions to take a loan on the security of personnel properties like equipments and plants etc.

Ultimate Fact
(n). Ultimate Fact is the conclusion arrived during a trial based on the evidentiary facts. For example neighbors witness John enters his apartment at 10 am and locked the door from inside. They heard gun sound inside and crying of his wife. On hearing the SOS cops entered in to the apartment. They could see John sitting with a Gun in his hand. The...

Ultra Vires
(adj) A legal entity is constituted with definite objective. Authority and powers were defined to achieve the objectives and limit the diversion of activities. Doctrine of Ultra virus protects the entity against mishaps occurred when persons in charge of the affairs acts beyond the stated powers of the establishment.

Ultrahazardous Activity
(n) Ultrahazardeous Activity is the action or process a person or an entity conducts which are prone to injury by the very nature of the activity. For Ultrahazardeous Activity the entity who conducts the activity is strictly liable for all injury or loss occurring out of such activity. For example a firm doing an explosive mining process.

Unclean Hands
(n) Doctrine of Unclean Hands is a defense used by a defendant against a law suit when the complainant him self has done a wrong thing in the subject matter in which the plaintiff is seeking courts assistance. For example Mr. Smiths advance money to Mr.Kelly to beat his neighbor, and Kelly failed to do the work. Here Mr.Smith is having an Unclean H...

Unconscionable
(adj). Unconscionable agreements are the one with terms which are unjust and unenforceable which any normal man would not have agreed to execute. Courts will not enforce such contract against the unfairly effected party because it assume the existence of coercion or unsound mental condition.

Unconstitutional
(Adj) The constitution is the framed law under which a democratic setup is functioning. Unconstitutional means the law, act, contract or declarations which are contrary to the provisions set in the constitution. For example the constitution disclaim disparity among human races. So if any statute or act limits its scope to or against certain race or...

Uncontested Divorce
A divorce where either party does not try to end the divorce proceedings and any issues surrounding the divorce are decided without court assistance.

Under The Influence
(n) Under the influence phrase is used when someone is not acting in his full consciousness state of mind. Such state of mind may occur due to intake of alcohol, excessive seductive medicine or intoxicating drugs etc.Contracts entered 'under the influences' are not enforceable.

Undercapitalization
Circumstance where a company cannot operate normally because it does not have enough money.

Underwrite
(v). Underwriting is a mode of guarantee provided for fulfillment of uncompleted events for which underwriting agreement is executed. For example when a share or bond issue is underwritten, the underwriter has an obligation to purchase the portion of shares or bond which the public has not subscribed or are unsold

Underwriter
(n) Underwriter is the legal entity who underwrite a future event. In the event the underwritten action is not fulfilled, the underwriter is responsible to make good the proposed transaction.

Undisclosed Principal
(n) Undisclosed principal is the real person interested in the transaction. Until a transaction is complete an agent of this interested person will deal with the party as the real owner. This practice is resorted when the seller is not interested to sell the property to the original man

Undivided Interest
(n) When a property or right is owned by more than one person in which their respective share in the property or in the benefit accruing out of it is not quantified, then such right in the property is called undivided interest in the property. An example is a park owned by the residents of a particular locality.

Undue Influence
(v) It is the pressure, coercion or influence exerted by some person on other person, with an intention to influence his presence of mind for drawing undue benefits from him, which he / she would not have granted in the normal course. Such pressers are exerted for getting contracts, will, gift etc. To set aside such actions magnitude of the effects...

Unfair Competition
(n) When business houses initiate practices with an intention to block healthy competition it is called Unfair competition. For example reducing the price far lesser than cost so that competitor could not sell his product and has to close his business. Issue false promises about the quality. Issue false propaganda for them and against competitors a...

Unified Estate And Gift Tax
(n) Unified Estate And Gift Tax is the tax levied by federal states on the value of estate or property owned by the entity. While calculating taxable estate, gifts for which no gift tax is paid is also added to arrive at the real worth of the deceased person. The Act is to avoid tax evasion by gifting property

Uniform Commercial Code
(n) Uniform Commercial Code is the statute to regulate commercial money transactions. It contain the provisions,rules, forms to govern commerce, secured loans and while dealing with negotiable instruments. These statutes had been adopted by almost all states as a statute to Govern commercial matters.

Unilateral Contract
(n) A unilateral contract is an offer or promise by the person giving the offer or promise without a second party accepting it. The offeror is bound to abide by the promise even though there is no reciprocal acceptance. So in this contract only one person is responsible to full fill the conditions set in that contract. Unilateral contacts are made ...

Uninsured Motorist Coverage
(v) Uninsured Motorist Coverage is the additional coverage offered in insurance policies when the insurer meet an accident from a driver when he or the vehicle does not have third party insurance or the vehicle or driver is not insured at all denying insurance benefits to the victim

Unissued Stock
(n) It is the portion of share of stock which is not issued to public. In many companies they issue the portion of the authorized to the public when it require capital. Balance of the authorized capital is kept towards the future capital requirement. These shares are never issued in the past as against the treasury stock which was issued but re-pur...

Unlawful
(adj). For maintaining the social existence, law and order situations, constitutional principles, social uplifts various obligatory state, central or statutory provisions are implemented. Actions against such provisions or non actions of required provisions are called unlawful actions

Unlawful Assembly
(n) The constitutional amendment guarantees freedom of assembly. But for maintaining law and order, to stop riot or breach peace, law enforcing authority is empowered to stop assembling with an intention to begin riot or breach of piece. Such assembling are termed as unlawful assembly

Unlawful Detainer
(n) Unlawful Detainer is the person or entity who detain the control and possession of an immovable property without having an ownership right or right for possession. For example tenant not vacating the building after expiry of tenancy

Unreasonable Search And Seizure
(n) A law enforcing authority can search the premises and vehicles of an individual with an intention to seize evidence available from there. The search and seizer provisions contains certain conditions to be followed by the authority like a search warrant or reasonable cause before commencing the search. Any search without fulfilling the pre condi...

Unsecured Debt
Debts that the value of a tangible asset does not back.

Use
(n) Use is termed as taking benefit or pleasure out of the property. For deriving the benefit it is irrelevant whether the holder of the property has ownership in the property or not.

Use Tax
(n) Use tax is levied when the products are purchased from a different state paying the sales tax to that state. This tax compensate the state where the goods are finally put to use, the loss it has suffered because of the purchase from a different state.

Usufruct
The right to utilize or earn revenue from another person's property.

Usurious
(n) Usurious is the rate of interest charged on a debt, which exceeds the permissible upper interest ceiling as per rules prevailing that time. Courts may not interfere or order the payment of usurious interest.

Usury
(n) Law prevailing in the land fix the upper interest rate chargeable on debt instruments. If the interest rate charged on a debt exceeds this limit, it is called Usury. Usury payment cannot be enforced by law

Utility Patent
Legal protection granted to defend an invention's function. Refer to the definition of design patent.

Utter
(v) Utter means oral representation of facts in front of an authority who can record the speech for verification. Such statements are made on fact-finding process

Uxor
(n) Uxor is defined as the wife of the person who has entered an agreement with another party. The term Uxor is used when the property and benefits of the proposed agreement is to be bestowed with a legal hire. The word is Latin origin referring as the property of a man to represent the wife.

Vacate
(v). Vacate is the term used when a judge set aside a request , plea, filing of a case or judgment or order of a lower authority, when he finds them as improper and non-sustaining as per the merits of the case

Vagrancy
(n) Vagrancy is the state of affair of an individual having no permanent dwelling place and surviving on alms as they cannot find a source to sustain themselves. Depending on others for survival by begging is considered as crime in many states.