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- 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.
- 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 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.
- 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.
- 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 dominant
or servient
tenements when qualifying easements.
- 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."
- 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.
- A person who dies with a valid will.
- 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.
- 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.
- Name given to a person or persons who have
committed a tort.
- 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.
- 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 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.
- 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 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 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 word "fiduciary"
can be used to describe the responsibilities of
the trustee towards the 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 living
trust.
- 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.
- 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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