TACIT ADMISSION admission of a fact done without being said, impliedadmission of a situation. Eg : in a contract in which a person buy an house, is implied that the entrance door is included in the selling price. From latin ” tacere ” = to be silent / “ad” == by / “ missus ” = sent . Therefore, a fact sentto be known but silently.
TAMPERING WITH A WITNESS subornation of a witness , improperinfluence of a witness . From latin ” tam ” = in this way ” periurare ” = to make a false swearing .
TANGIBLE PROPERTY property having a physical form , a corporealshape .Therefore every property possible to be possessed physically ( a car, an house ) and able to be distinguished from the intangible property as a patent right. From latin ” tangere ” = to touch.
TAX ( PROPERTY T. ) tax levied on the value of real or personal property.From latin “taxatum ” = ordered payment (verb ” tassare “).
TAXATION imposition of taxes imposition of a charge imposed by agovernment (eg : income tax, excise tax ) or other organization to its member ( eg : university enrolment fee ). From latin “taxatum ” = ordered payment (verb ” tassare “).
TEMPERANCE ACT act involving the control of the alcohol consumption,issued in the 30?s years in U.S. From latin ” tam ” = in this way / ” imperare” = to impose, to establish. But also from ” temperare ” = to put a moderation against the excess . ( In fact, also now in modern italian language the pencil sharpener is called “temperamatite” ).
TEMPORARY ADMINISTRATOR administrator appointed to serve anoffice duty until the definitive administrator will be appointed. From latin ” tempus ” = time / “ars” = capacity. Therefore, a person capable toadministrate an office for a time period.
TEMPORARY ORDER order having a short-time enforcement, order ordisposition lasting for a limited time . Eg : temporary alimony, temporary appointment , temporary custody. From latin ” tempus ” = time / ” ars ” = capacity. Therefore an order having the capacity to rule a matter for a time period.
TEMPTATED CRIME unfinished crime, criminal conduct not fully realized,offence not entirely perpetrated. From latin ” temptamentum ” = test, try.
TENANCY RIGHT holding a possession of land or property of anotherperson with the consent (tacit or expressed ) of this person and usually including the obligation to pay rental fee and mantain in a good state tis property. There are more kind of tenancy as for example tenancy in common, tenancy in entirety. From latin ” tenere ” = to hold.
TENDER STATEMENT in contract law, is a formal statement involving awill to perform an obligation or observe a contract condition. From latin ” tendere ” = to address to , to turn to. In figurative sense, to address to theother contractual party.
TENDER OF DELIVERY notice given by the seller to the buyer and givinginstructions to him about the time and mode to perform the delivery of the item purchased. From latin ” tendere ” = to address to. In figurative sense, to address to the buyer
TENURE ACT act of holding a property , a title , an office ( most of all themodes, terms or conditions which the title is held ). From latin ” tenere ” = to hold.
TERM word having many meanings as for example the session of a court,essential elements of an agreement , contract, will or other kind of deed, the time limit indicated for the duration of a contract . From latin ” terminus ” = boundary.
TERMINATION OF EMPLOYMENT end of work relationship due toresignation, dismissal, performance of task. From latin ” terminare ” = to bound.
TERRITORIAL JURISDICTION defined geographical area indicating thespace or imaginary boundary limit which a court or officer can exercise own’s jurisdiction . Eg : in italian criminal procedure code, is followed the principle called ” locus commissi delicti” ( ” place where the crime has been perpetrated ” ). Following this principle, if a robbery has been perpetrated in Rome but the offender has been arrested in Florence , the jurisdiction is of the court of Rome, therefore the territory or place where the robbery has been perpetrated. From latin ” terra ” = land, region.
TERRORISM criminal conduct against a nation or a people , involving aviolence act. From latin ” terrere ” = to terrify.
TEST CASE case brought to test the applicability or constitutionality of a lawor statute ; this kind of case are depending upon facts which are raising legal issues common to a group of case, when all the parties ( of one of these cases ) agrees to be bound by the former test decision, therefore agrees to take this case test as representative . From latin ” testari ” = to give evidence.
TESTAMENT document written by a decedent and providing dispositionsabout personal or real property after his death. From latin ” testari ” = to give evidence. In this case, to give an evidence of the testator’s will.
TESTAMENTARY CAPACITY state of mind representing the capacity of atestator to understand the consequences of his will upon his real estate or goods after his death and the capacity to recognize the person who really he wishes will be his heirs. From latin ” testamentum ” = alliance. In fact, a testamentary provision is a demonstration of alliance between testator and heir.
TESTIFY to give testimony under oath in a trial , judicial proceeding,administrative proceeding. From latin ” testari ” = to give evidence / ” facere” = to do.
TESTIMONY oral or written statement made by a witness , under oathduring a trial . From latin ” testari ” = to give evidence / ” monere ” = to warn. In fact, the testimony is served after a warning direct to the witness.
THREAT offence consisting in the simply menace of a future injury,declaration involving an intent to harass or frighten a person with a prospect of a future injury. From latin “theatrum ” = scene. In fact, figuratively , a person menacing another is representing in the mind of the victim the future and possible scene of the crime.
TITLE OF PROPERTY degree of ownership of real or personal property.From latin “titulus” = inscription (in the public registers).
TITLE ( CLEAR TITLE ) title free of encumbrances , lien or other rightclaims by another person. From latin “titulus” = inscription (in the public registers).
TITLE ( RECORD TITLE ) term indicating a document . From latin”titulus” = inscription (in the public registers).
TITLE ( GOOD TITLE ) title recognized in fact and law as valid and which aconsenting buyer is accepting from a consenting seller. From latin “titulus” = inscription (in the public registers).
TOLL A STATUTE OF LIMITATIONS ( TO T.) to stop or suspend theenforceability of a limitation formerly imposed by a statute (usually for a determinate and temporary time period ). From latin ” tollere ” = to take off (the enforceability ).
TORT wrongful act or conduct consisting in a violation of law or legal dutyand involving a rising of a tort claim. All this because this conduct provoked an injury or damages to another person. The maker of this wrongful action is called “tort feasor ” and the act involving a tort is called ” tortious act “. From latin ” tortus ” = twisted. In figurative sense, a tort is the result of a conduct that is twisted, not going directly and rightly towards the law.
TORTURE AND CRUELTY (TO USE ) in italian criminal code, termindicating the use of torture devices during the perpetration of crime of murder (is an aggravating circumstance ). From latin ” torquere ” = to twist (the body ). In fact, in the Spain of the renaissance, one of the chief judge of holy catholic inquisition tribunal was Miguel De Torquemada.
TOTAL LOSS loss suffered by the assured person involving the entirecurrent worth of the asset insured. From latin ” totus ” = the whole.
TOTALITARISM political ideology advocating the control made by thegovernment over all the entire aspects of life of citizens. Eg : in Italy, during the period of totalitarian regime named ” fascismo” ( called ” nazismo ” in Germany ) the people had to follow strict rules about dressing in a certain way, practice of sports, participation to parades and other demonstration wanted by the regime. From latin ” totus ” = the entire , the whole / ” ars ” = activity , handling.
TRADE AGREEMENT commercial settlement , settlement containingdisposition concerning the commerce . From old greek ” tra ” = from a place to another place / “ductare ” = to lead. In fact in figurative sense , to trade is meaning to lead an item from a place ( the place of the seller ) to another place (the place of the buyer ).
TRADITIONAL LAW OR RULE law or rule accepted and enforced as valid(even if not present in a statute ) , as an habit because transferred from a generation to another generation (eg : common law , some rule dealing the functioning of an assembly, in Italy called ” regolamenti parlamentari ” (parliamentary rules ). From old greek ” tra ” = from a time period to another time period / ” dictus ” = said, told.
TRAFFIC ( ILLEGAL T. ) illegal drugs dealing or treading , illegalexchange of military or secret informations. From latin ” tra ” = from a place to another place / “officium ” = task. Therefore, the task to bring an illegal item from a place to another place.
TRAITOR OF A TRUST person who doesn’t perform the duty which hasbeen appointed as trustee ( eg : the trustee is making a plot against the truster interest). From latin ” tra ” = from a place to another place / ” dictus ” = said. In figurative sense, a traitor is bringing a promise made to a person from a place (the trust ) to another place ( the lacking of the trusteeship).
TRANSACTION act involving two or more parties, therefore a stipulationamong them, in a dealing of negotiations, contract , property transfer and other legal deed and any act having a legal effect between two or more subject. From old greek ” tra ” = from a place to another place / ” actio ” = activity, action , operation.
TRANSACTIONAL IMMUNITY kind of immunity granted by a prosecutorin favour of an accused that will give a testimony against others person charged with the same crime. Usually is concerning crimes as mafia type organization , eversive organization involved in activity of conspiracy. From old greek ” tra ” = from a place to another place / from latin ” situs ” = place / ” actio ” = activity, action , operation / ” in ” = not / ” munus ” = duty. Therefore a lack of duty for the accused that sees the prosecutor action from his legal position.
TRANSCRIPTION OF A TRIAL document containing a record of a trialprepared by a court recorder or stenographer and concerning the summary reproduction of testimony or other instructions given by judge or lawyers during the trial. From old greek ” tra ” = from a place to another place / from latin ” scribere ” = to write.
TRANSFER OF TITLE to convey title from one person to another person,as for example by means of a sale or a gift. From old greek ” tra ” = from a place to another place / from latin ” ferre ” = to bring.
TRANSFER OF JURISDICTION is the movement of a case from a statecourt to another state court or federal court when the circumstances , the rules or the agreement between the party is requiring this transfer . From old greek ” tra ” = from a place to another place / from latin ” ferre ” = to bring .
TRANSFER AGENCY contract which give to an institution (usually a bank )the power to record and manage the transfer of shares for a company publicly held. From old greek “tra ” = from a place to another place / from latin ” ferre ” = to bring .
TRANSFERRED INTENT DOCTRINE in the criminal and tort law thisdoctrine is advocating the theory that an offender or tortfeasor is liable not only for the act or tort perpetrated but also for all others consequences developed from act or tort, also if not wanted by him. (eg : a battery against a person. After this crime, the person is driving a car but as astonished he provokes a car accident ). From old greek ” tra ” = from a place to another place / from latin ” ferre ” = to bring / ” intentus ” = aimed, directed. Therefore, the first intent to bash a person, has been directed from first criminal action to the secondary consequence of criminal conduct.
TRANSGRESS violation of a command or order , trespassing (usingconcerning a property), wrongful conduct. From old greek ” tra “= moved from a place to another place / from latin ” gressus ” = a way to walk, conduct . In figurative sense, to be in a way, and go from a right way ( lawful way ) to a wrong way (unlawful way ).
TRANSITORY ACTION action or litigation that can be brought in otherplace or other court where the defendant can be found . Eg : an action with a competent court in Italy, can be brought in Canada because the defendant is abiding there. From old greek ” tra ” = moved from a place to another place / from latin ” situs ” = place.
TRANSMISSION OF PAYMENT sending of money from a place to anotherplace . From old greek ” tra ” = moved from a place to another place / from latin “mittere” = to send.
TRANSMITTANCE LETTER letter accompanying the delivery or executionof a document attached to it, as a cover letter. From old greek ” tra ” = moved from a place to another place / from latin ” mittere ” = to send.
TRAVERSE ( TO T. ) to deny an allegation in a complaint , indictment ,pleading, prosecution, or also a denial of an allegation. From old greek ” tra ” = to move from a place to another place / from latin ” versare ” = to have a position.
TREASON AGAINST ONE’S COUNTRY attempt to overthrow of one’scountry , by means of disloyalty or conspiracy against one’s country or by means of aiding or abetting an enemy state. From latin ” tradere ” = to transmit. In figurative sense, a transmission of information or secrets known to the enemy State. Also from old greek ” tra ” = to move from a place to another place .
TREASURE TROVE wealthy object fund by chance or at random. The finderhas the duty to delivery the object to the legitime owner and the right to have an amount of money awarded as a prize. From latin ” thesaurus ” = store house full of goods / from old italian ” trovare ” = to find.
TREASURY BILL OR TREASURY NOTE note or obligation issued by thetreasury and constitutes legal tender. Usually this bill is concerning the public funds. From latin “thesaurus ” = store house full of goods.
TREATISE IN THE LAW comprehensive review and vasta dissertation of aparticular area of the law (eg : treatise on the law of contracts ). From latin ” tractatio ” = exposition . Also from old greek “ tra ” = moved from a place toanother place. In fact the negotiations is a set of proposals going from a party to another party, reciprocally.
TREATY agreement among two or more nations, negotiated and ratified by representants of those nations and after adopted. From latin ” tractare ” = to handle, to manage . In figurative sense, to handle the relationship among two or more nations .
TRESPASS OF PROPERTY unlawful or unauthorized entrance inside theproperty or the land of another person. From latin ” trans ” = beyond / from old italian “passare” = to go across ( to go beyond the limit of another’s property ) .
TRESPASS DE BONIS ASPORTATIS title of action for damages to theplaintiff due to the taking of his chattels perpetrated by the defendant. From latin ” trans ” = beyond / from old italian ” passare ” = to go across / ” bona” = goods, items / ” ad ” = from / “portatus” = brought.
TRESPASS ON THE CASE title of action for damages and loss suffered bythe plaintiff for the negligence of the defendant. From latin ” trans ” = beyond / from old italian “passare” = to go across. In figurative sense, to go across or beyond the rules of the trial.
TRESPASS QUARE CLAUSUM FREIGHT title of action for damagessuffered by a plaintiff for the illegal entry of a defendant inside his property. From latin ” trans ” = beyond / from old italian ” passare ” = to go across / ” quaerere ” = procurar to oneself / “ clausus ” = protected. Therefore anillegal entry inside another’s property , aimed to procurare to oneself a freight (a good, an item ) protected or closed inside this property.
TRESPASS VI ET ARMIS title of action for damages to the plaintiff for theuse of violence by the defendant upon him. From latin ” trans ” = beyond / from old italian ” passare ” = to go across / ” vis ” = strenght / ” arma ” = weapons.
TRIBUNAL court of justice empowered to hear and determine a dispute, alitigation. From latin ” tris ” = three / ” bonus ” = honest, full of skills In old roman empire, the litigation court was composed by three person deemed honest and capable.
TRUST institute of common law , managing a lot of juridical relationship asfor example the management and protection of a real estate or the joining of more enterprises. Two possible origins. First from latin ” tutoratus sum ” = protected, taken care of . Second from old greek ” tra ” = from a place to another place / ” situs ” = place. In figurative sense , a good in trust is delivered by the trustor place to the trustee place.
TURPITUDE MORAL conduct felt by the majority of the people asunacceptable, intrinsically immoral , wrong or full of depravation. From latin ” turpis ” = dirty / “aptus” = favourable to.
TUTELAGE DUTY guardianship duty aimed to give a protection or supportto another (usually a child ). From latin ” tutari ” = to protect.
TYRANNY set of rules or government imposed by a dictators or a restrictedgroup of people over the majority. From latin ” tyrannus ” = usurpator of a public power, absolute king.