Consortium For Language Access In The Courts Glossary Of Commonly Used Court & Justice System Terminology (Set 8)

Front 1

TANGIBLE

Back 1

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

Front 2

TANGIBLE PERSONAL PROPERTY MEMORANDUM (TPPM)

Back 2

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

Front 3

TEMPORARY RELIEF

Back 3

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

Front 4

TEMPORARY RESTRAINING ORDER

Back 4

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

Front 5

TENANCY

Back 5

An interest in realty which passes to the tenant.

Front 6

TESTAMENT

Back 6

A will disposing of personal property. See WILL.

Front 7

TESTAMENTARY CAPACITY

Back 7

The legal ability to make a will.

Front 8

TESTAMENTARY TRUST

Back 8

A trust set up by a will.

Front 9

TESTATE

Back 9

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

Front 10

TESTATOR

Back 10

Male person who makes a will (female: testatrix).

Front 11

TESTATRIX

Back 11

Female person who makes a will (male:testator).

Front 12

TESTIFY

Back 12

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

Front 13

TESTIMONY

Back 13

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

Front 14

THEFT

Back 14

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

Front 15

THIRDPARTY

Back 15

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

Front 16

THIRD PARTY CLAIM

Back 16

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

Front 17

TIME SERVED

Back 17

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

Front 18

TITLE

Back 18

Legal ownership of property, usually real property or automobiles.

Front 19

TORT

Back 19

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.

Front 20

TRANSCRIPT

Back 20

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.

Front 21

TRANSITORY

Back 21

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

Front 22

TRESPASSING

Back 22

Unlawful interference with one's person, property and rights.

Front 23

TRIAL

Back 23

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

Front 24

TRIAL COURT

Back 24

See TRIAL, COURT (BENCH).

Front 25

TRIAL, COURT (BENCH)

Back 25

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

Front 26

TRIAL, SPEEDY

Back 26

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

Front 27

TRIER OF FACT

Back 27

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.

Front 28

TRO

Back 28

See TEMPORARY RESTRAINING ORDER.

Front 29

TRUE BILL

Back 29

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

Front 30

TRUE TEST COPY

Back 30

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

Front 31

TRUST

Back 31

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.

Front 32

TRUST AGREEMENT OR DECLARATION

Back 32

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

Front 33

TRUSTEE

Back 33

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

Front 34

TURNCOAT WITNESS

Back 34

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

Front 35

UNCONSCIONABILITY

Back 35

An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.

Front 36

UNCONSTITUTIONAL

Back 36

That which is contrary to or in conflict with the federal or state constitutions.

Front 37

UNDERCOVER

Back 37

A person participating in a secret investigation in order to acquire information about the crime without the other party realizing their identity.

Front 38

UNDUE INFLUENCE

Back 38

Whatever destroys free will and causes a person to do something he would not do if left to himself.

Front 39

UNEMPLOYMENT

Back 39

State or condition of not being employed.

Front 40

UNILATERAL

Back 40

One-sided, ex parte, or having a relation to only one of two or more persons or things.

Front 41

UNJUST ENRICHMENT, DOCTRINE OF

Back 41

The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.

Front 42

UNLAWFUL DETAINER

Back 42

The unjustifiable act of retaining possession without right; e.g. a tenant whose lease has expired.

Front 43

UNSECURED

Back 43

In bankruptcy proceedings, for the purposes of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

Front 44

USURY

Back 44

Charging a higher interest rate or higher fees than the law allows.

Front 45

VACATE

Back 45

To render an act void; to set aside.

Front 46

VAGRANCY

Back 46

The state or manner of living by wandering from place to place without a home, job, or means of support.

Front 47

VANDALISM

Back 47

Willful or malicious acts that are intended to damage or destroy public or private property.

Front 48

VENUE

Back 48

The proper geographical area (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.

Front 49

VERDICT

Back 49

The opinion of a jury, or a judge where there is no jury, on the factual issues of a case.

Front 50

VICTIM

Back 50

A person who is the object of a crime or civil wrongdoing.

Front 51

VICTIM IMPACT STATEMENT

Back 51

A statement during sentencing which informs the sentencer of the impact of the crime on the victim or the victim's family.

Front 52

VIOLATION

Back 52

The act of breaking, infringing, or transgressing the law.

Front 53

VISITATION

Back 53

The right given to a non-custodial parent to see his or her child at court appointed times.

Front 54

WAIVE (RIGHTS)

Back 54

A knowing and knowledgeable act to abandon, renounce or surrender a person's rights.

Front 55

WAIVER OF IMMUNITY

Back 55

A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Front 56

WAIVER OF RIGHTS

Back 56

See WAIVE (RIGHTS).

Front 57

WARRANT

Back 57

Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Front 58

WARRANT, ARREST

Back 58

An order of a court directing the sheriff or other officer to seize a particular person to answer a complaint of otherwise appear before the court.

Front 59

WARRANT, SEARCH

Back 59

A written order directing a law-enforcement officer to conduct a search of a specified place and to seize any evidence directly related to the criminal offense.

Front 60

WEAPON

Back 60

An instrument used or designed to be used to threaten, injure or kill someone.

Front 61

WEAPON, CONCEALED

Back 61

A weapon that is carried by a person, but that is not visible by ordinary observation.

Front 62

WEAPON, DEADLY

Back 62

A weapon, device, instrument, material or substance, whether animate or inanimate, which if used as it is used or intended to be used is known to be capable of producing death or serious bodily injury.

Front 63

WEIGHT OF THE EVIDENCE

Back 63

The persuasiveness of certain evidence when compared with other evidence that is presented.

Front 64

WILL

Back 64

A legal declaration that disposes of a person's property when that person dies. See TESTAMENT.

Front 65

WILLFUL

Back 65

A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently.

Front 66

WITH PREJUDICE

Back 66

Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Front 67

WITHOUT PREJUDICE

Back 67

A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

Front 68

WITNESS

Back 68

1. One who testifies to what they have seen, heard or otherwise observed. 2. (v) To subscribe one's name to a document for the purpose of authenticity.

Front 69

WITNESS STAND

Back 69

The space in the courtroom occupied by a witness while testifying.

Front 70

WITNESS, DEFENSE

Back 70

A non-hostile witness that is called by the defense counsel to assist in proving the defense's case.

Front 71

WITNESS, EXPERT

Back 71

A witness who is qualified by knowledge, skill, experience, training or education to provide a scientific, technical or specialized opinion of the subject about which he or she is to testify. That knowledge must generally be such as is not normally possessed by the average person.

Front 72

WITNESS, HOSTILE

Back 72

A witness whose relationship to the opposing party is such that his or her testimony may be prejudiced against that party. A witness declared to be hostile may be asked leading questions and is subject to cross- examination by the party that called him or her.

Front 73

WITNESS, MATERIAL

Back 73

A witness who can give testimony relating to a particular matter that very few others, if any, can give.

Front 74

WITNESS, PROSECUTION

Back 74

The person whose complaint commences a criminal prosecution and whose testimony is mainly relied on to secure a conviction at the trial.

Front 75

WORK FURLOUGH

Back 75

See WORK RELEASE.

Front 76

WORK RELEASE

Back 76

A correctional program which allows inmates, primarily one's being readied for discharge, to leave the institution for the purpose of continuing regular employment during the daytime but reporting back on nights and weekends.

Front 77

WRIT

Back 77

A court's written order commanding the addressee to do or refrain from doing some specified act.

Front 78

WRIT OF EXECUTION

Back 78

A writ to put in force the judgment or decree of a court.

Front 79

ZONING

Back 79

The division of a city by legislative regulation into districts, and the design of regulations having to do withstructural and architectural design and use of buildings