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
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.
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.
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.
A person to whom a
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
system, referring to land "owners" who held their land on
tenure granted by a lord.
Tenants in common
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.
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.
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
servient tenements when qualifying
A right of holding or occupying land or a position for a certain amount of
time. The term was first used in the English
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."
A trust which is to take effect only upon the death of
and is commonly found as part of a
Trusts which take effect during the life of the
inter vivos trusts.
A person who dies with a valid
The verbal presentation of a
witness in a
Torrens land registration system
A land registration system invented by
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
title. Used in Australia and several Canadian provinces.
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
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
Name given to a person or persons who have committed a tort.
A legal proceeding taken under the law of
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
conversion, trover and
This is a procedure frequently used by a trust
to recover misappropriated trust property.
A person who receives property being transferred (the person from whom the
property is moving is the 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.
A formal agreement between two
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
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
Unlawful interference with another's person, property or rights.
Theoretically, all torts are trespasses.
An old English and
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.
Property given by a person called the
settlor, to a
trustee, for the benefit of another person (the
or donee). The
trustee manages and administers the property, actual
ownership is shared between the trustee and the
and all the profits go to the
The word "fiduciary"
can be used to describe the responsibilities of the trustee
beneficiary. 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
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
All profits from the property go to the
although the trustee is entitled to reimbursement for administrative costs.
There is no legal impediment for a trustee to also be a
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. |