to the plaintiff, usu. by passing off.
Also termed commercial disparagement; product dis
paragement; injurious falsehood. Cf. trade defamation
under DEFAMATION. [Cases: Antitrust and Trade Regu
lation C=-->25.]
trade dispute. 1. Int'llaw. A dispute between two or
more countries arising from tariff rates or other matters
related to international commerce. 2. Labor law. A
dispute between an employer and employees over pay,
working conditions, or other employment-related
matters. An employee who leaves during a trade
dispute is not entitled to benefits under the Unemploy
ment Insurance Act.
trade dollar. Hist. A United States dollar coin, made
of silver, issued from 1873 to 1878 for use in foreign
trade, esp. in eastern Asia. A trade dollar was legal
tender within the U.S. until 1876 when the coin's silver
content fell to less than one dollar. From 1878 to 1885,
trade dollars were minted only in proof sets, then dis
continued.
trade draft. See DRAFT.
trade dress. Trademarks. The overall appearance and
image in the marketplace of a product or a commer
cial enterprise . For a product, trade dress typically
comprises packaging and labeling. For an enterprise,
it typically comprises design and decor. Ifa trade dress
is distinctive and nonfunctional, it may be protected
under trademark law. -Also termed get-up; look and
feel. [Cases: Trademarks (;:::J1061.]
"The 'trade dress' of a product is essentially its total image
and overall appearance. It 'involves the total image of a
product and may include features such as size, shape, color
or color combinations, texture, graphics, or even particular
sales techniques.'" Two Pesos, Inc. v. Taco Cabana, Inc., 505
U.S. 763, 765 n.l, 1125.0.2755,2755 n.l (1992).
trade embargo. See EMBARGO (3).
trade fixture. See FIXTURE.
trade gap. See trade deficit under DEFICIT.
trade guild. See GUILD (1).
trade libel. Trade defamation that is written or recorded.
See LIBEL; trade defamation under DEFAMATION; DIS
PARAGEMENT (3). Cf. trade slander under SLANDER.
[Cases: Libel and Slander l30.)
trademark, n. (1838) 1. A word, phrase, logo, or other
graphic symbol used by a manufacturer or seller to dis
tinguish its product or products from those of others.
 The main purpose of a trademark is to deSignate
the source of goods or services. In effect, the trade
mark is the commercial substitute for one's signature. To receive federal protection, a trademark must be (1)
distinctive rather than merely descriptive or generic; (2)
affixed to a product that is actually sold in the market
place; and (3) registered with the U.S. Patent and Trade
mark Office. In its broadest sense, the term trademark
includes a servicemark. Unregistered trademarks are
protected under common-law only, and distinguished
with the mark "TM." -Often shortened to mark. Cf.
SERVICEMARK. [Cases: Trademarks 1021.} 2. The
body oflaw dealing with how businesses distinctively
identify their products. Abbr. TM. See LANHAM
ACT. Cf. SERVICEMARK; registered trademark; BRAND;
TRADENAME.
"The protection of trademarks is the law's recognition
of the psychological function of symbols. If it is true that
we live by symbols, it is no less true that we purchase
goods by them. A trade-mark is a merchandising short
cut which induces a purchaser to select what he wants, or
what he has been led to believe he wants. The owner of
a mark exploits this human propensity by making every
effort to impregnate the atmosphere of the market with
the drawing power of a congenial symbol. Whatever the
means employed, the aim is the same to convey through
the mark, in the minds of potential customers, the desir
ability ofthe commodity upon which it appears. Once this
is attained, the trade-mark owner has something of value.
If another poaches upon the commercial magnetism of the
symbol he has created, the owner can obtain legal redress."
Mishawaka Rubber & Woolen Mfg. Co. v, 5.S. Kresge Co. 316
U.s. 203, 205, 62 S.Ct. 1022, 1024 (1942) (Frankfurter,j.).
"A trademark functions on three different levels: as an
indication of origin or ownership, as a guarantee of con
stancy of the quality or other characteristics of a product
or service, and as a medium of advertisement. Thus, a
trademark guarantees, identifies, and sells the product
or service to which it refers. These three facets of a
trademark -of differing importance at different times,
in different lines of business and for different products
or services ---are somewhat correlative. The classical
function, that of identification, has been primarily respon
sible for molding the development of trademark law. The
significance of the guarantee function has been somewhat
exaggerated, while the implications of the advertisement
function still await full recognition in the law." 3 Rudolf
Call mann. The Law ofUnfair Competition, Trademarks and
Monopolies  17.01, at 2 (4th ed. 1998).
abandoned trademark. A mark whose owner has dis
continued using it and has no intent to resume using
it in the ordinary course oftrade, or has allowed it to
become a generic term or otherwise to lose its dis
tinctive Significance . Under  45 of the Lanham
Act, nonuse of a mark for three consecutive years is
prima facie evidence of abandonment. The owner
ofan abandoned mark has no trademark rights to
exclude others from using it. -Also termed aban
doned mark. [Cases; Trademarks 1155.}
arbitrary trademark. A trademark containing common
words that do not describe or suggest any characteris
tic ofthe product to which the trademark is assigned.
 Because arbitrary marks are neither descriptive
nor suggestive ofthe goods or services in connection
with which they are used, they are inherently distinc
tive, require no proofofsecondary meaning, and are
entitled to strong legal protection. A name that would
be generic ifused with one product may be arbitrary
ifused with another. For example, "Bicycle" may be

1631 trademark
registered to identify playing cards, but it could not
be protected as a mark to identify bicycles. Also
termed arbitrary mark; arbitrary name. [Cases: Trade
Regulation C::::; 1039.]
certification trademark. A word, symbol, or device
used on goods or services to certify the place of
origin, material, mode of manufacture, quality, or
other characteristic. See 15 USCA  1127. Also
termed certification mark. Cf. collective trademark.
[Cases: Trademarks ~~1066.]
coined trademark. See fanciful trademark.
collective trademark. (1941) A trademark or service
mark used by an association, union, or other group
either to identify the group's products or services
or to signify membership in the group. -Collec
tive marks such as "Realtor" or "American Peanut
Farmers" -can be federally registered under the
Lanham Act. Also termed collective mark. Cf. cer
tification trademark. [Cases: Trademarks (;:::: 1067.]
Community trademark. A trademark registered with
the European Union Trademark Office and recog
nized in all EU countries. Also termed Community i
mark. [Cases: Trademarks ~J1261.]
composite trademark. (bm-poz-it mahrk). A trade
mark or servicemark made up of several words that
form a distinctive whole, even if the individual words
are ordinary. _ Advertising slogans are often pro
tectable as composite marks. A trademark registrant
can establish ownership in the whole mark, but must
disclaim ownership in any unregistrable parts. .
Also termed composite mark; hybrid mark; hybrid I
trademark. (Cases: Trademarks C::::;' 1058.]
counterfeit trademark. A spurious mark that is identi
cal to, or substantially indistinguishable from, a reg
istered trademark. 15 USCA  1116(d)(l)(B). -Also
termed counterfeit mark. [Cases: Trademarks
1432, 1787.]
descriptive trademark. A trademark that is a meaning
ful word in common usage or that merely describes
or suggests a product. -This type of trademark is
entitled to protection only if it has acquired dis
tinctiveness over time. Also termed descriptive
mark; weak mark; weak trademark. See SECONDARY
MEANING. [Cases: Trademarks C~1035.]
'The bar against descriptive marks simply reflects the
requirement of distinctiveness. 15 U.S,C.A.  1052(e)(l).
It often is said that a mark should not be analyzed in a
piecemeal fashion. Instead, the mark as a whole must be
tested for descriptiveness or secondary meaning. A mark
that merely describes a product cannot possibly distin
guish one producer from another. As an obvious example,
'apple' would be a descriptive name for that frUit, and, as
a mark, would serve only to confuse the consumer, for it
would tell nothing about the different origins of a selection
of apples produced by different producers. Moreover, to
allow an owner to pre-empt the term 'apple' would afford
the owner a monopoly of something that is necessary to
describe the goods for sale." Arthur R. Miller & Michael
H. Davis, Intellectual Property: Patents, Trademarks, and
Copyright in a Nutshell 163 (2d ed. 1990). disparaging trademark. A trademark that tends to
bring a person or class ofpeople into contempt or
disrepute. -Section 2(a) of the Lanham Act prohib
its the registration of disparaging marks. 15 USCA
 1052(a). -Also termed disparaging mark. See pro
hibited and reserved trademark. [Cases: Trademarks
C='1073.)
distinctive trademark. A very strong trademark, one
that consumers immediately and consistently asso
ciate with specific goods and services. -Distinctive
trademarks are usu. fanciful, arbitrary, or suggestive,
but descriptive trademarks and common names can
become distinctive if they become so well known as to
acquire a secondary meaning. Also termed distinc
tive mark. [Cases: Trademarks <::='1029.]
evocative trademark. See suggestive trademark.
famous trademark. A trademark that not only is dis
tinctive but also has been used and heavily advertised
or widely accepted in the channels of trade over a long
time, and is so well known that consumers immedi
ately associate it with one specific product or service.
 Only famous marks are protected from dilution.
Eight nonexclusive statutory factors are often used in
determining whether a particular mark is famous. See
15 USCA  1125 (c)(l)(A)-(H). -Also termed famous
mark. [Cases: Trademarks C::::; 1468.]
fanciful trademark. A trademark consisting of a
made-up or coined word; a distinctive trademark
or tradename having no independent meaning.
This type of mark is considered inherently distinc
tive and thus protected at common law, and is eligible
for trademark registration from the time ofits first
use. Also termed fanciful mark; fanciful term;
coined trademark; coined mark; coined term. [Cases:
Trademarks C::::; 1039.]
"Arbitrary or fanciful marks convey nothing about the
nature of the product except through knowledge of the
market. For instance, Kodak conveys nothing about photo
graphic equipment except to those knowledgeable about
that trade." Arthur R. Miller & Michael H. Davis, Intellectual
Property in CI Nutshell 168 (2d ed. 1990).
geographically descriptive trademark. A trademark
that uses a geographic name to indicate where the
goods are grown or manufactured. _ This type of
mark is protected at common law, and can be regis
tered only on proof that it has acquired distinctiveness
over time. -Also termed geographically descriptive
mark. See SECONDARY MEANING.lCases: Trademarks
~1047.1
house trademark. A trademark that identifies a
company, a division of a company, or a company's
product line as the source ofa product or service. - A
house mark and a product mark often appear together
on a label. -Also termed house mark. Cf. product
trademark. [Cases: Trademarks (;::::c 1060.]
hybrid trademark. See composite trademark.
product trademark. A trademark that identifies a Single
good or service, rather than the producing company, a
division ofa company, or a product line. - A product

1632 Trademark Act of 1946
mark and a house mark often appear together on a
label. Also termed product mark. Cf. house trade
mark. [Cases: Trademarks (;:::::> 1022.]
prohibited and reserved trademark. A mark that is not
protected under the Lanham Act because it either fall
into an expressly excluded category or else is similar
to a mark granted by statute to another. 15 USCA
 1052. Also termed prohibited and reserved mark.
[Cases: Trademarks (>1243.]
pure trademark. See technical trademark.
registered trademark. A trademark that has been filed
and recorded with the Patent and Trademark Office.
 A federally registered trademark is usu. marked by
the symbol "<" or a phrase such as "Registered U.S.
Patent & Trademark Office" so that the trademark
owner can potentially collect treble damages or the
defendant's profits for an infringement. Ifthe symbol
is not used, the owner can collect these damages or
profits only by proving that the defendant actually
knew that the mark was registered. -Also termed
registered mark. Cf.


only by proving that the defendant actually
knew that the mark was registered. -Also termed
registered mark. Cf. SERVICEMARK. [Cases: Trade
marks (;:;~\ 1240.]
strong trademark. An inherently distinctive trademark
that is used usu. by the owner only -in a ficti
tious, arbitrary, and fanciful manner, and is therefore
given greater protection than a weak mark under the
trademark laws. Also termed strong mark. [Cases:
Trademarks
suggestive trademark. A trademark that suggests
rather than describes the particular characteristics
ofa product, thus requiring a consumer to use imagi
nation to draw a conclusion about the nature of the
product.  A suggestive trademark is entitled to pro
tection without proof ofsecondary meaning. -Also
termed evocative mark; suggestive mark; suggestive
name. See SECONDARY MEANING. [Cases: Trademarks
~)1038.]
technical trademark. A mark that satisfies all the
elements of a common-law trademark.  The essen
tial elements ofa technical trademark are as follows:
(1) its use to designate a commercial source would not
interfere with anyone else's right to use the mark; (2)
it must primarily identify the source, rather than the
product's category or grade ofquality; (3) it must be
attached to the product, label, or collateral materi
als rather than merely used in advertising; and (4)
its use must not undermine some public policy, as by
being scandalous or deceptive. -Also termed pure
trademark; technical mark; true trademark. [Cases:
Trademarks
true trademark. See technical trademark.
weak trademark. See descriptive trademark.
Trademark Act of 1946. See LANHAM ACT.
trademark application. A mark owner's written request,
filed with the U.S. Patent and Trademark Office, for
federal registration of a mark, accompanied by a sample
of the mark to be protected and the filing fee . The application may describe either an existing mark that is
in use or a proposed mark. -Also termed servicemark
application. [Cases: Trademarks
combined application. An application to register a
mark to be used in more than one class of goods or
services. A combined application is given a single
serial number, but it is examined as ifit were a set of
distinct single applications. Separate filing fees must
be paid for each class. -Also termed multiple-class
application. [Cases: Trademarks
intent-to-use application. An application filed with the
U.S. Patent and Trademark Office to protect a trade
mark or servicemark that is not currently in commer
cial use but whose owner has a bona fide intent to use
the mark commercially in the foreseeable future .
Trademark rights have traditionally been restricted to
marks actually used in trade, but a 1988 amendment
to the Lanham Act permitted applications to be filed
before actual use begins ifthe mark otherwise quali
fies for the Principal Register. 15 USCA  1051(b). See
PRINCIPAL REGISTER. [Cases: Trademarks C==> 1284.J
multiple-class application. See combined application.
trademark-application amendment. A proposed modi
fication to a registered trademark or to an application
for trademark registration. [Cases: Trademarks
1251, 1282.]
amendment ofregistration. Trademarks. Amendment
ofan existing trademark registration to make minor
changes in the design of a mark to reflect how the
mark is actually used . The U.S. Patent and Trade
mark Office permits an amendment of registration
only ifit does not materially alter the character of the
mark. The PTO amends a registration by attaching to
the printed registration a printed certificate showing
the amendment. -Also termed amendment ofmark
in registration. [Cases: Trademarks C==> 1251.J
amendment to allege use. Trademarks. A supplement to
a trademark applicant's intent-to-use application filed
to inform the U.S. Patent and Trademark Office that a
trademark is actuallv in use in interstate commerce .
The form is titled "Allegation ofUse for Intent to Use
Application." -Abbr. AAU. Also termed state
ment of use; allegation ofuse. See DECLARATION OF
USE. [Cases; Trademarks (;:::::> 1284.]
amendment to different register. Trademarks. An
amendment to an application for registration on the
Principal Register, requesting that the mark instead
be placed on the supplemental register. [Cases: Trade
marks C==> 1283.J
trademark class. Anyone of 42 international trademark
protection categories, each comprising similar goods
or services . There are 34 goods classes and 8 services
classes. A trademark is protected in each class that is
relevant to the product's or service's business area.
[Cases: Trademarks C==> 1369.]
Trademark Cyberpiracy Prevention Act. See ANT ICY
BERSQUATTlNG CONSUMER PROTECTION ACT.

1633
Trademark Electronic Application System. A method
of applying to the U.S. Patent and Trademark Office for
a trademark over the Internet. _ The system is avail
able at http://www.uspto.gov/teas/index.html. Abbr.
TEAS.
trademark infringement. See INFRINGEMENT.
Trademark taw Treaty. A 1994 treaty that reduces
barriers to applying for and registering trademarks
internationally, and establishes a model international
trademark-registration form acceptable by all signatory
nations. _ The United States is a party to the treaty.
[Cases: Trademarks (;:::0 1236.]
Trademark Manual of Examining Procedure. Trade
marks. The u.s. Patent and Trademark Office book
containing guidelines and procedures for trademark
examiners. -Abbr. TMEP. [Cases: Trademarks
1280.]
Trademark Office. See UNITED STATES PATENT AND
TRADEMARK OFFICE.
trademark-registration notice. A notice that a mark
is protected by registration with the U.S. Patent and
Trademark Office, shown by placing a symbol next to
the mark. -In the U.S., the R-within-a-cirde symbol
(0) is common but the legend "Reg. U.S. Pat. Off." is
acceptable. Only federally registered marks may use
this notice. lCases: Trademarks ~1250.]
Trademark Trial and Appeal Board. An administra
tive body that hears and decides disputes involving
trademark ownership, conflicts between marks, and
registrability of marks. -Abbr. TTAB. [Cases: Trade
marks 1313.]
"No judicial body has administered our trademark laws
with more regularity than the Trademark Trial and Appeal
Board ... , the administrative tribunal of the U.S. Patent
and Trademark Office that decides trademark proceedings.
Established by Congress in 1958, the Board has seen its
caseload increase dramatically over time, reflecting the
growing importance oftrademarks in our competitive mar
ketplace," 1 Jeffery A. Handelman, Guide to TTAB Practice
 1.01, at 1-3 (2008).
trade meaning. See SECONDARY MEANING.
tradename. Intellectual property. 1. A name, style, or
symbol used to distinguish a company, partnership,
or business (as opposed to a product or service); the
name under which a business operates. _ A tradename
is a means of identifying a business -or its products
or services to establish goodwill. It symbolizes the
business's reputation. Cf. BRAND; D/B/A; TRADEMARK.
[Cases: Trademarks (....-::1026.]2. A trademark that was
not originally susceptible to exclusive appropriation
but has acquired a secondary meaning. -Also termed
brand name; commercial name.
trade or business. Tax. Any business or professional
activity conducted by a taxpayer with the objective of
earning a profit. -If the taxpayer can show that the
primary purpose and intention is to make a profit, the
taxpayer may deduct certain expenses as trade-or
business expenses under the Internal Revenue Code.
[Cases: Internal RevenueC-~3314.1-3318.] trade secret
trade practice. A customary way of doing business;
esp., a method of using specifications for size, thick
ness, shape, or quality adopted within a given industry.
[Cases: Customs and Usages
trade price. See PRICE.
trader. 1. A merchant; a retailer; one who buys goods to
sell them at a profit. 2. One who sells goods substan
tially in the form in which they are bought; one who
has not converted them into another form ofproperty
by skill and labor. 3. One who, as a member of a stock
exchange, buys and sells securities on the exchange
floor either for brokers or on his or her own account.
4. One who buys and sells commodities and commod
ity futures for others or for his or her own account in
anticipation of a speculative profit.
Trade-Related Aspects of Intellectual Property Rights.
See TRIPS.
trader's settlement. See SETTLEMENT (1).
trades council. See TRADE COUNCIL.
trade secret. (1862) 1. A formula, process, device, or
other business information that is kept confidential
to maintain an advantage over competitors; infor
mation -including a formula, pattern, compilation,
program, device, method, technique, or process
that (1) derives independent economic value, actual or
potential, from not being generally known or readily
ascertainable by others who can obtain economic value
from its disclosure or use, and (2) is the subject of rea
sonable efforts, under the circumstances, to maintain
its secrecy. -This definition states the majority view,
which is found in the Uniform Trade Secrets Act.
[Cases: Antitrust and Trade Regulation ~413.] 2.
Information that (1) is not generally known or ascer
tainable, (2) provides a competitive advantage, (3) has
been developed at the plaintiff's expense and is used
continuously in the plaintiff's business, and (4) is the
subject of the plaintiff's intent to keep it confidential.
This definition states the minority view, which is found
in the Restatement of Torts  757 cmt. b (1939). [Cases:
Antitrust and Trade Regulation <>.:>413.]
"So long as the owner of a secret keeps it a secret he has a
monopoly. While equity affords protection to trade secrets
against betrayal by those under contract or in confidential
relations with the owners of the secret, there is no differ
ence between contracts as to trade secrets and contracts
as to any other personal property. as far as restraint of
trade is concerned." Harry D. Nims, The Law ofUnfair Com
petition and TradeMarks 406 (1929).
"The concept of protecting trade secrets is related to the
principles of trademark and patent law. The scope of trade
secret protection, however, goes well beyond that of patent
law. Unlike patent law, protection under trade secret law is
not tied to the information's novelty; rather, the essence
of a trade secret is its relative secrecy. Additionally, unlike
patent law, trade secret law draws less from property prin
(iples, and more from the equitable principles surround
ing confidential relationships." Mark A. Rothstein et aI.,
Employment Law  8,18, at 516 (1994).
"The difficulty with defining 'trade secrets' in the abstract
is that there are so many ways to go about it_ In large part,
this is a reflection of the fact that the law of trade secrets,
unlike the law of patents or copyright, is a creature of the

1634 trade slander
common law rather than of statute. In trying to impose a
moral solution on cases of apparent breach of confidence,
judges have juggled competing policy interests while trying
to draw a line of protection that would lead to the result
that they believed was right.... In other words, the devel
opment of trade secret law has been a bit chaotic ...."
James Pooley, Trade Secrets  1.01, at 1-1 to 1-3 (l998).
trade slander. See SLANDER.
tradesman (traydz-m,m), n. 1. One who buys and sells
things for profit; esp., a shopkeeper. 2. A shopkeep
er's employee. 3. A mechanic or artisan whose liveli
hood depends on manual labor; one who is skilled in a
trade. -Also termed tradesperson.
trade surplus. See SURPLUS.
trade union. See UNION.
trade usage. See USAGE.
trading. The business ofbuying and selling, esp. ofcom
modities and securities. [Cases: Commodity Futures
Trading Regulation Securities Regulation 0
35.10-67.15.]
day trading. The act or practice of buying and selling
stock shares or other securities on the same day, esp.
over the Internet, usu. for the purpose of making a
quick profit on the difference between the buying
price and the selling
secondary trading. The buying and selling of securi
ties in the market between members of the public,
involving neither the issuer nor the underwriter of
the securities.
short-term trading. Investment in securities only to
hold them long enough to profit from market-price
fluctuations. [Cases: Securities Regulation 053.10
53.22.1
trading corporation. See CORPORATION.
trading cnrb. A temporary restriction on trading in a
particular security to curtail dramatic price move
ments. -Sometimes shortened to curb. Cf. TRADING
HALT.
trading halt. A temporary suspension oftrading in a
particular security for a specific reason, such as an
order imbalance or a pending news announcement.
 Options can be exercised during a trading halt, and
open orders may be canceled. Also termed suspended
trading. Cf. TRADING CURB.
trading partnership. See PARTNERSHIP.
trading voyage. See VOYAGE.


CURB.
trading partnership. See PARTNERSHIP.
trading voyage. See VOYAGE.
trading with the enemy. The federal offense ofcarrying
on commerce with a nation or with a subject or ally of
a nation with which the United States is at war. [Cases:
War and National Emergency
traditio (tra-dish-ee-oh), n. [Latin] Roman law. The
simple delivery ofa piece ofproperty by one person to
another with the intention of transferring ownership .
 This was the simplest form oftransfer, and ultimately
it was applied to land as well as movables. Construc
tive delivery was developed. Also termed traditio rei. See BREVI MANU; CONSITUTUM POSSESSORIUM. PI.
traditiones (tra-dish-ee-oh-neez).
traditio brevi manu (tra-dish-ee-oh bree 'VI man-yoo).
[Latin] Roman law. The surrender of the mediate pos
session ofa thing to the person who is already in imme
diate possession of it. This is a type ofconstructive
delivery in which a delivery to the mediate possessor
and redelivery to the immediate possessor are unnec
essary. See BREVI MANU. For the other two types of
constructive delivery, see ATTORNMENT; CONSTITUTUM
POSSESSORIUM.
"The first [type of constructive delivery] is that which the
Roman lawyers termed traditio brevi manu, but which has
no recognised name in the language of English law .... If,
for example, I lend a book to someone, and afterwards,
while he still retains it. I agree with him to sell it to him, or
to make him a present of it, I can effectually deliver it to
him in fulfilment of this sale or gift. by telling him that he
may keep it. It is not necessary for him to go through the
form of handing it back to me and receiving it a second
time from my hands." John Salmond, Jurisprudence 306
(Glanville L. Williams ed., 10th ed. 1947).
traditio longa manu (tra-dish-ee-oh long-ga man
yoo). [Latin] Roman law. See CONSTITUTUM POSSESSO
RIUM.
tradition. (14c) 1. Past customs and usages that influence
or govern present acts or practices. [Cases: Customs
and Usages 10.] 2. The delivery of an item or an
estate.
traditional public forum. See PUBLIC FORUM.
traditional surrogacy. See SURROGACY.
traditionary evidence. See EVIDENCE.
traditio rei. See TRADITIO.
trado tibi ecclesiam (trad-oh tib-r e-klee-z[h]ee-am).
[Law Latin] Hist. Eccles. law & Scots law. I deliver this
church (or living) to you . A patron uttered this phrase
when presenting an incumbent to a vacant church. Cf.
ACCIPE ECCLESIAM.
traduce (tra-d[y]oos), vb. (16c) To slander; calumni
ate. -traducement, n.
traffic, n. (16c) 1. Commerce; trade; the sale or exchange
ofsuch things as merchandise, bills, and money. 2. The
passing or exchange ofgoods or commodities from one
person to another for an equivalent in goods or money.
3. People or things being transported along a route. 4.
The passing to and fro ofpeople, animals, vehicles, and
vessels along a transportation route.
traffic, vb. To trade or deal in (goods, esp. illicit drugs
or other contraband) <trafficking in heroin>. [Cases:
Controlled Substances 82.] -trafficking, n.
trafficker, n.
traffic balance. The balance of moneys collected in
payment for transporting passengers and freight.
traffic court. See COURT.
trafficking. The act oftransporting, trading, or dealing,
esp. in people or illegal goods. Cf. PEOPLE-SMUGGLING;
SMUGGLING.

1635 transcarceration
drug trafficking. The act ofillegally producing, import
ing, selling, or supplying significant amounts of a
controlled substance. [Cases: Controlled Substances
82.]
human trafficking. The illegal recruitment, transporta
tion, transfer, harboring, or receipt of a person, esp.
one from another country, with the intent to hold the
person captive or exploit the person for labor, services,
or body parts. _ Human-trafficking offenses include
forced prostitution, forced marriages, sweat-shop
labor, slavery, and harvesting organs from unwill
ing donors. Also termed trafficking in persons. Cf.
PEOPLE-SMUGGLING;. organ trafficking.
organ trafficking. Illegal trafficking in human body
parts, esp. transplantable organs that are offered to
the highest bidder or that have been harvested without
the consent of the donor or the donor's next of kin.
_ In international law, organ trafficking is broadly
included in the offense ofhuman trafficking. -Also
termed trafficking in persons. Cf. human trafficking.
trafficking in persons.!. See human trafficking. 2. See
organ trafficking.
trafficking in persons. See TRAFFICKING.
traffic regulation. A prescribed rule of conduct for
traffic; a rule intended to promote the orderly and safe
flow of traffic. [Cases: Automobiles (;:::::>5(5),7,335.]
trailer clause. An employee's promise to assign to the
employer the rights to all inventions developed while
employed and for a specified time afterward. -For the
covenant to be enforceable, the time restriction must
be reasonable. -Also termed holdover clause.
traitor, n. 1. A person who commits treason against his
or her country. [Cases: Treason (;:::'10.] 2. One who
betrays a person, a cause, or an obligation. -traitor
ous, adj.
tramp, n. 1. A person who roams about from place to
place, begging or living without labor or visible means
ofsupport; a vagrant. 2. TRAMP STEAMER.
tramp corporation. See CORPORATION.
tramp steamer. A ship that is not scheduled to sail
between prearranged ports of call but that stops at
those ports for which it has cargo. _ A tramp steamers
typically carries bulk cargoes such as oil, grain, coal,
steel, iron ore, or lumber, and is contracted with a char
terparty rather than a bill oflading. -Often shortened
to tramp.
tranche (transh), n. [French "slice") Securities. 1. A bond
issue derived from a pooling ofsimilar debt obligations.
 A tranche usu. differs from other issues by maturity
date or rate ofreturn. 2. A block ofbonds designated for
sale in a foreign country. -Also spelled tranch; trench.
See COLLATERALIZED MORTGAGE OBLIGATION.
transact, vb. 1. To carryon or conduct (negotiations,
business, etc.) to a conclusion <transact business>.
2. Civil law. To settle (a dispute) by mutual conces
sion. See TRANSACTION (4). 3. To carryon or conduct negotiations or business <refuses to transact with the
enemy>.
transactio (tran-sak-shee-oh), n. [Latin "compromise"]
Roman law. 1he renunciation of a contested claim or
defense in litigation in consideration ofa quid pro quo.
Pl. transactiones (tran-sak-shee-oh-neez).
transaction, n. (17c) 1. The act or an instance of con
ducting business or other dealings; esp., the formation,
performance, or discharge of a contract. 2. Some
thing performed or carried out; a business agreement
or exchange. 3. Any activity involving two or more
persons. 4. Civil law. An agreement that is intended
by the parties to prevent or end a dispute and in which
they make reciprocal concessions. La. Civ. Code art.
3071. transactional, adj.
arm's-length transaction. 1. A transaction between
two unrelated and unaffiliated parties. 2. A transac
tion between two parties, however closely related they
may be, conducted as ifthe parties were strangers, so
that no cantlict of interest arises.
closed transaction. Tax. A transaction in which an
amount realized on a sale or exchange can be estab
lished for the purpose ofstating a gain or loss. [Cases:
Internal Revenue (;:::::>3393.]
colorable transaction. (18c) A sham transaction having
the appearance of authenticity; a pretended transac
tion <the court set aside the colorable transaction>.
transactional audit. See AUDIT.
transactional immunity. See IMMUNITY (3).
transactional lawyer. 1. See LAWYER. 2. See OFFICE
PRACTITIONER.
transactional takeover defense. See TAKEOVER DE
FENSE.
transaction causation. See CAUSATION.
transaction cost. See COST (1).
transaction-or-occurrence test. (1957) A test used to
determine whether, under Fed. R. Civ. P. 13(a), a par
ticular claim is a compulsory counterclaim. _ Four
different tests have been suggested: (1) Are the legal
and factual issues raised by the claim and counterclaim
largely the same? (2) Would res judicata bar a later suit
on the counterclaim in the absence ofthe compulsory
counterclaim rule? (3) Will substantially the same
evidence support or refute both the plaintiff's claim
and the counterclaim? (4) Are the claim and counter
claim logically related? See compulsory counterclaim
under COUNTERCLAIM. [Cases: Federal Civil Procedure
(;:::::>776; Set-offand Counterclaim (;::::'60.)
transaction slip. See CONFIRMATION SLIP,
transcarceration. (1987) The movement of prisoners or
institutionalized mentally ill persons from facility to
facility, rather than from a prison or an institution back
to the community, as when a prisoner is transferred to
a halfway house or to a drug-treatment facility. [Cases:
Prisons <::= 13.3, 13.5.)

1636 transcribe
transcribe, vb. (16c) To make a written or typed copy of
(spoken material, esp. testimony).
transcript, n. (14c) A handwritten, printed, or typed
copy oftestimony given orally; esp., the official record
of proceedings in a trial or hearing, as taken down by
a court reporter. -Also termed report ofproceedings;
reporter's record. [Cases: Appeal and Error C=::>593-611;
Criminal Law C=::> 1104; Federal Courts C=::>694.]
transcription. (16c) 1. The act or process oftranscribing.
2. Something transcribed; a transcript.
transcript of proceedings. A compilation of all docu
ments relating to a bond issue, typically including the
notices, affidavits ofnotices, a bond resolution (or bond
ordinance), official statement, trust indenture and loan
agreements, and minutes of meetings of all authoriz
ing bodies.
transeunt cum universitate (tran-see-;mt k::lm yoo-ni
v::lr-s::l-tay-tee). [Latin] Hist. They are transferred with
the whole estate.
transfer, n. (14c) 1. Any mode ofdisposing of or parting
with an asset or an interest in an asset, including a gift,
the payment of money, release, lease, or creation of a
lien or other encumbrance . The term embraces every
method -direct or indirect, absolute or conditional,
voluntary or involuntary -ofdisposing ofor parting
with property or with an interest in property, including
retention of title as a security interest and foreclosure
of the debtor's equity of redemption. 2. Negotiation of
an instrument according to the forms oflaw . The four
methods of transfer are by indorsement, by delivery,
by assignment, and by operation oflaw. [Cases: Bills
and Notes C=::> 176-222.] 3. A conveyance of property
or title from one person to another. [Cases: Bills and
Notes C=::> 176-222.]
colorable transfer. A sham transfer having the appear
ance of authenticity; a pretended transfer. See ILLU
SORY-TRANSFER DOCTRINE. [Cases: Fraudulent
Conveyances C=::> 109, l31.1.]
constructive transfer. (1852) A delivery of an item
esp. a controlled substance -by someone other than
the owner but at the owner's direction. [Cases: Con
trolled Substances C=::>32, 82.]
incomplete transfer. Tax. A decedent's inter vivos
transfer that is not completed for federal estate-tax
purposes because the decedent retains significant
powers over the property's possession or enjoyment.
Because the transfer is incomplete, some or all of the
property's value will be included in the transferor's
gross estate. IRC (26 USCA)  2036-2038. [Cases:
Internal Revenue C=::>4159(3).]
inter vivos transfer (in-t::lrVI-Vohs orvee-vohs). (1930)
A transfer of property made during the transferor's
lifetime.
testamentary transfer. A transfer made in a will.
The transfer may be of something less than absolute
ownership. Cf. testamentary gift under GIFT. [Cases:
Wills C=::>86.] transfer in contemplation of death. See gift causa
mortis under GIFT.
transfer in fraud ofcreditors. (1883) A conveyance of
property made in an attempt to prevent the trans
feror's creditors from making a claim to it. [Cases:
Fraudulent Conveyances C=::> 1.]
transfer, vb. (14c) 1. To conveyor remove from one place
or one person to another; to pass or hand over from one
to another, esp. to change over the possession or control
of. 2. To


to another; to pass or hand over from one
to another, esp. to change over the possession or control
of. 2. To sell or give.
transferable (trans-f::lr-::l-b::ll), adj. (14c) Capable of being
transferred, together with all rights of the original
holder.
transferable letter ofcredit. See LETTER OF CREDIT.
transferable vote. See single transferable vote under VOTE
(1).
transfer agent. See AGENT (2).
transfer-agent-run dividend-reinvestment plan. See
DIVIDEND-REINVESTMENT PLAN.
transferee. One to whom a property interest is
conveyed.
transferee liability. (1951) Tax. The liability of a trans
feree to pay taxes owed by the transferor . This lia
bility is limited to the value of the asset transferred.
The Internal Revenue Service can, for example, force
a donee to pay the gift tax when the donor who made
the transfer cannot pay it. IRC (26 USCA)  6901
6905. [Cases: Internal Revenue C=::>4817; Taxation C=::>
3480.]
transference. Scots law. The act of substituting a repre
sentative for a deceased litigant in a pending action.
 This is similar to the common law's substitution of
parties.
transfer hearing. See HEARING.
transfer in fraud ofcreditors. See TRANSFER.
transfer of a case. (1843) The removal of a case from
the jurisdiction of one court or judge to another by
lawful authority. -Also termed transfer ofa cause. See
REMOVAL (2). [Cases: Removal of Cases C=::> 16.]
transfer ofvenue. See CHANGE OF VENUE.
transferor. (1875) One who conveys an interest in
property.
transfer payment. (usu. pl.) (1945) A governmental
payment to a person who has neither provided goods
or services nor invested money in exchange for the
payment . Examples include unemployment com
pensation and welfare payments. [Cases: United States
C=::>82(1).]
transfer price. See PRICE.
transferred intent. See INTENT (1).
transferred-intent doctrine. (1957) The rule that ifone
person intends to harm a second person but instead
unintentionally harms a third, the first person's criminal
or tortious intent toward the second applies to the third
as well.  Thus, the offender may be prosecuted for an

1637 translation
intent crime or sued by the third person for an inten
tional tort. See INTENT. [Cases: Assault and Battery C~:>
3,49; Homicide 702; Torts ~lIS.]
transferred malice. See MALICE.
transfer statute. A provision that allows or mandates the
trial ofa juvenile as an adult in a criminal court for a
criminal act. -Every state has some form of transfer
statute. The Supreme Court has held that a juvenile
cannot be transferred to criminal court under a discre
tionary statute "without ceremony without hearing,
without effective assistance of counsel, without a state
ment of reasons." Kent v. United States, 383 U.S.
554,86 S.Ct. 1045, 1053-54 (1966). [Cases: Infants
68.7.]
automatic-transfer statute. A law requiring the
transfer from delinquency court to criminal court
for certain statutorily enumerated offenses if certain
statutory requirements are met. [Cases: Infants ~
68.5, 6S.7(2).]
discretionary-transfer statute. A law that allows, but
does not mandate, the transfer from delinquency
court to criminal court for certain statutorily enu
merated offenses ifcertain statutory requirements
are met. -The prosecutor has discretion to request
the transfer, and the judge has discretion to order the
transfer. [Cases: Infants ~6s.7.1
reverse transfer statute. A provision that allows a
criminal court to return certain cases to juvenile
court. [Cases: Infants ~6S.6.]
Transfers to Minors Act. See UNIFORM TRANSFERS TO
MINORS ACT.
transfer tax. See generation-skipping transfer tax under
TAX.
transfer warranty. See WARRANTY (2).
transformative use. Copyright. The use of copyrighted
material in a manner, or for a purpose, that differs
from the original use in such a way that the expres
sion, meaning, or message is essentially new . The
term was coined by Judge Pierre N. Leval in a 1990
law-review article entitled Toward a Fair Use Standard,
103 Harv. L. Rev. 1105, 1111 (1990). The concept was
first applied by the U.S. Supreme Court in Campbell
v. Acuff-Rose Music, Inc., 510 U.S. 569, 114 S.Ct. 1164
(1994). The Court held that the transformative use in
that case was a fair, noninfringing use ofthe plaintiff's
copyright. [Cases: Copyrights and Intellectual Property
(;::::' 53.2.]
transgenic (tranz-jen-ik), adj. Patents. Of, relating to,
or describing a living organism that has been geneti
cally altered by introducing recombinant DNA from
another organism.
transgress, vb. 1. To exceed the limits of (a law, rule,
regulation, etc.); to break or violate. 2. To pass over
(limits, boundaries, etc.). transgressor, n.
transgression. Archaic. See MISDEMEANOR.
transgressione, ad audiendum et terminandum (trans
gres[h]-ee-oh-nee, ad aw-dee-en-d;Jm et t;Jf-m;J-nand;Jm). See DE TRANSGRESSIONE, AD AUDIENDUM ET
TERMINANDUM.
transgressive trust. See TRUST.
transient (tran-sh;Jnt), adj. (16c) Temporary; imperma
nent; passing away after a short time.
transient, n. 1. A person or thing whose presence is tem
porary or fleeting. 2. TRANSIENT PERSON.
transient foreigner. One who visits a country without
the intent to remain.
transient jurisdiction. See TCRISDICTlON.
transient merchant. A trader who sells merchandise at
a temporary location without intending to become a
permanent merchant in that place. [Cases: Licenses
~15(2).]
transient person. (18c) One who has no legal residence
within a jurisdiction for the purpose of a state venue
statute. Also termed transient. [Cases: Venue
IS.]
transit, n. (15c) 1. 1he transportation of goods or persons
from one place to another. [Cases: Insurance
2137(3).] 2. Passage; the act of passing.
transitional alimony. See rehabilitative alimony under
ALIMONY.
transition phrase. Patents. In a patent claim, the word
or phrase that relates the preamble to the body . The
transition is often the term "comprising," "having,"
"including," "consisting of," or "consisting essentially
of." Cf. PREAMBLE (2); BODY OF A CLAIM.
transitive covenant. See COVENANT (1).
transitory (tran-s;J-tor-ee ortran-za-), adj. (14c) Passing
from place to place; capable of passing or being changed
from one place to another.
transitory action. See ACTION (4).
transitory treaty. See TREATY (1).
transitory wrong. See WRONG.
transit passage. Int'llaw. The right of a vessel or airplane
to exercise freedom ofnavigation and overflight solely
for the purpose ofcontinuous and expeditious transit
between one part of the high seas or an exclusive
economic zone and another part ofthe high seas or an
exclusive economic zone. Also termed right oftransit
passage. Cf. INNOCENT PASSAGE.
transit terra cum onere (tran-sit [or tran-zit] ter-a bm
on-ar-ee). [Law l.atin] Hist. The land passes with its
burdens.
translation, n. 1. The transformation oflanguage from
one form to another; esp., the systematic rendering
of the language of a book, document, or speech into
another language.
"Generally speaking, a translation need not consist of
transferring from one language into another; it may apply
to the expression of the same thoughts in other words of
the same language." Rasmussen v. Baker, 50 P. 819, 826
(Wyo. 1897).

translative 1638
2. Archaic. The transfer ofproperty. 3. Eccles. law. The
removal ofa bishop from one diocese to another.
translative (trans-or tranz-Iay-tiv), adj. Making or
causing a transfer or conveyance.
translative fact. See FACT.
transmission. Civil law. The passing of an inheritance
to an heir.
transmit, vb. (15c) 1. To send or transfer (a thing) from
one person or place to another. 2. To communicate.
transmittal letter. (1914) A nonsubstantive letter that
establishes a record of delivery, such as a letter to a court
clerk advising that a particular pleading is enclosed for
filing. Lawyers have traditionally opened transmit
tal letters with the phrase "Enclosed please find," even
though that phrasing has been widely condemned in
business-writing handbooks since the late 19th century.
A transmittal letter may properly begin with a range
ofopeners as informal as "Here is" to the more formal
"Enclosed is." -Also termed cover letter.
transmutation. A change in the nature of something;
esp., in family law, the transformation of separate
property into marital property, or of marital property
into separate property. [Cases: Divorce C=>252.3(3);
Husband and Wife C=>249(6).J
transnational adoption. See international adoption
under ADOPTION.
transnational corporation. See multinational corpora
tion under CORPORATION.
transnational law. 1. The amalgam of common prin
ciples of domestic and international law dealing esp.
with problems arising from agreements made between
sovereign states and foreign private parties. 2. The
problems to which such principles apply. Cf. INTER
NATIONAL LAW.
transparency. Openness; clarity; lack of guile and
attempts to hide damaging information . The word
is used offinancial disclosures, organizational policies
and practices, lawmaking, and other activities where
organizations interaction with the public.
transport, vb. To carry or convey (a thing) from one
place to another.
transportation, n. (l6c) 1. The movement of goods
or persons from one place to another by a carrier. 2.
Criminal law. A type of punishment that sends the
criminal out of the country to another place (usu. a
penal colony) for a specified period. Cf. DEPORTA
TION.
Transportation Security Administration. The federal
agency charged with promoting safety and security
of air, water, rail, and highway transportation . The
agency was created in the Department ofTransporta
tion after the terrorist attacks of September 11, 2001,
and was transferred to the Department of Homeland
Security in 2002.
transracial adoption. See ADOPTION. transsexual. A person born with the physical character
istics ofone sex but who has undergone, or is preparing
to undergo, sex-change surgery. See SEX REASSIGN
MENT.
transshipment. Maritime law. The act of taking cargo
out of one ship and loading it on another.  Trans
shipment may also involve transfer ofcargo to another
mode of transportation, such as rail or truck. [Cases:
Shipping C=> 112.J -transship, vb.
transvestitive fact. See FACT.
trap, n. (bef. 12c) 1. A device for capturing living crea
tures, such as a pitfall, snare, or machine that shuts
suddenly.
mantrap. A booby-trap; esp., a device to catch a tres
passer or burglar.  A mantrap is not illegal if it is
designed merely to sound an alarm and not cause
bodily harm. Illegal mantraps include manufactured
devices such as spring guns, and dangerous hidden
conditions (manufactured or natural) that can injure
a person, such as pitfalls. -Also spelled man-trap.
2. Any device or contrivance by which one may be
caught unawares; stratagem; snare. 3. Torts. An ultra
hazardous hidden peril of which the property owner or
occupier, but not a licensee, has knowledge . A trap
can exist even if it was not designed or intended to catch
or entrap anything. [Cases: Negligence C=>1040(3).J
trashing. DECONSTRUCTION.
trauma-pricing. See DRAMA-PRICING.
travaux preparatoires (tra-voh pray-par-;:)-twah[r]z).
[French "preparatory works"] Materials used in prepar
ing the ultimate form of an agreement or statute, and
esp. of an international treaty; the draft or legislative
history ofa treaty. See LEGISLATIVE HISTORY.
travel-accident insurance. See INSURANCE.
Travel Act. A federal law, enacted in 1961, that prohib
its conduct intended to promote, direct, or manage
illegal business activities in interstate commerce . This
statute was enacted to create federal jurisdiction over
many criminal activities traditionally handled by state
and local governments to help those jurisdictions cope
with increasingly complex interstate criminal activity.
18 USCA  1952. [Cases: Commerce C=>82.1O.]
traveled place. (1894) A place where the public has, in
some manner, acquired the legal right to travel.
traveler, n. A person who passes from place to place, for
any reason.
traveler's check. See CHECK.
traveler's letter ofcredit. See LETTER OF CREDIT.
travel expense. See


See CHECK.
traveler's letter ofcredit. See LETTER OF CREDIT.
travel expense. See EXPENSE.
traverse (trav-;:)rs), n. (15c) Common-law pleading.
A formal denial of a factual allegation made in the
opposing party's pleading <Smith filed a traverse to
Allen's complaint, asserting that he did not know
ingly provide false information>. See DENIAL. [Cases:
Pleading C=> 112-129.] -traverse (trav-;:)rs or tr;:)
vars), vb.

1639 Treas. Reg.
"It is said that the technical term traverse, from transverto,
to turn over, is applied to an issue taken upon an indict
ment for a misdemeanor, and means nothing more than
turning over or putting off the trial to a following session or
assize; and that thus it is that the officer of the court asks
the party whether he is ready to try then, or will traverse to
the next session; though some have referred Its meaning
originally to the denying or taking issue upon an indict
ment, without reference to the delay of trial, and which
seems more correct," I Joseph Chitty, A Practical Treatise
on the Criminal Law 486 (2d ed. 1826).
common traverse. (1841) A traverse consisting of a
tender of issue that is, a denial accompanied by a
formal offer for decision of the point denied -with
a denial that expressly contradicts the terms of the
allegation traversed. Also termed specific traverse.
[Cases: Pleading ~117.]
"The common or specific traverse is an express denial
of a particular allegation in the opposing pleading in the
terms ofthe allegation, accompanied by a tender of issue
or formal offer of the point denied for trial." Benjamin J.
Shipman, Handbook ofCommonLaw Pleading  168, at 303
(Henry Winthrop Ballantine ed., 3d ed. 1923).
cumulative traverse. (1848) A traverse that analyzes
a proposition into its constituent parts and traverses
them cumulatively. -It amounts to the same thing as
traversing the one entire proposition, since the several
parts traversed must all make up one entire proposi
tion or point.
general traverse. (l7c) A denial of all the facts in an
opponent's pleading.
special traverse. (I8c) A denial of one material fact in
an opponent's pleading; a traverse that explains or
qualifies the denial. -The essential parts ofa special
traverse are an inducement, a denial, and a verifica
tion. [Cases: Pleading ~118.]
specific traverse. See common traverse.
traverse jury. See petit jury under JURY.
traverser, rI. (14c) One who traverses or denies a
pleading.
traverse the requirement, vb. Patents. To (1) respond in
detail to a patent examiner's decision that the patent
application claims more than one invention and (2)
ask that the restriction requirement be reconsidered.
-The traverse must specifically explain why restric
tion should not be required, not merely assert that the
requirement is wrong. Failure to traverse a requirement
forfeits any rights to appeal the decision. [Cases: Patents
(;:::?104.1
treachery, n. A deliberate and willful betrayal of trust
and confidence.
treason, n. (l3c) The offense ofattempting to overthrow
the government of the state to which one owes alle
giance, either by making war against the state or by
materially supporting its enemies. -Also termed high
treason; alta proditio. Cf. SEDITION. [Cases: Treason ~
1.] -treasonable, treasonous, adj.
"The judgment of high treason was, until very lately, an
exception to the merciful tenor of our judgments. The
least offensive form which is given in the books is, that
the offender 'be carried back to the place from whence he came, and from thence to be drawn to the place of
execution, and be there hanged by the neck, and cut down
alive, and that his entrails be taken out and burned before
his face, and his head cut off, and his body divided into
four quarters, and his head and quarters disposed of at
the king's pleasure.' Some of the precedents add other
Circumstances, of still more grossness and aggravation.
But this horrible denunciation was very seldom executed
in its more terrible niceties." I Joseph Chitty, A Practical
Treatise on the Criminal Law 702 (2d ed. 1826).
"[S]everal important characteristics marked off high
treason from all other crimes. For one thing, it earned a
peculiarly ghastly punishment. For another, it was 'under
gyable,' while every felony was 'dergyable' unless some
statute had otherwise ordained. Thirdly, while the felon's
land escheated to his lord, the traitor's land was forfeited
to the king. This last distinction influenced the develop'
ment of the law." 2 Frederick Pollock 8. Frederic William
Maitland, History ofEnglish Law Before the Time ofEdward
1500 (2d ed. 1899).
'Treason against the United States, shall consist only in
levying war against them, or in adhering to their Enemies,
giving them Aid and Comfort. No Person shall be convicted
of Treason unless on the Testimony of two Witnesses to
the same overt Act, or on Confession in open Court." U.S.
Const. art. III,  3.
constructive treason. 1. Speech that manifests a desire
or intent to make war against the state or materially
support an enemy, even though the speech is unac
companied by acts that further the desire or intent.
_ There is no crime of constructive treason in U.S.
law because treason requires an affirmative act, and
intent alone cannot substitute for an act. Cf. SEDITION.
[Cases: Treason ~1.] 2. Hist. Speech that is critical
ofthe government. -This sense arose during the reign
ofHenry VIII ofEngland. Critical speech remained a
capital crime until the early 18th century.
petty treason. Archaic. Murder of one's employer or
husband. -Until 1828, this act was considered treason
under English law. Also spelled petit treason.
"The frequent reference to high treason is a carryover
from an ancient division of the offense that has long since
disappeared. In the feudal stage of history the relation
of lord to vassal was quite similar to the relation of king
to subject. The relation of husband to wife came to be
regarded in the same category, as also did the relation
of master to servant, and that of prelate to clergyman.
And just as it was high treason to kill the king, so a mali
cious homicide was petit treason if it involved a killing
of (originally, lord by vassal, and later) husband by Wife,
master by mistress or servant, or prelate by clergyman.
When the special brutality provided by the common law
for the punishment of petit treason disappeared, this crime
became merged with murder and only one crime of treason
remained." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law498-99 (3d ed. 1982).
treasonable misdemeanor. English law. An act that is
likely to endanger or alarm the monarch, or disturb
the public peace in the presence ofthe monarch. Cf.
TREASON FELONY.
treason felony. English law. An act that shows an inten
tion of committing treason, unaccompanied by any
further act to carry out that intention. -This offense
usu. results in life imprisonment rather than the death
penalty. Cf. TREASONABLE MISDEMEANOR.
Treas. Reg. abbr. TREASURY REGULATION.

1640 treasurer
treasurer. An organization's chief financial officer.  The
treasurer's duties typically include prudently depos
iting (or, if authorized, investing) and safeguarding
the organization's funds and otherwise managing its
finances; monitoring compliance with any applicable
law relating to such finances and filing any required
report; disbursing money as authorized; and reporting
to the organization on the state ofthe treasury. -Also
termedfinance officer;financialsecretary; quartermas
ter. [Cases: Corporations ~30L]
city treasurer. A local officer who is responsible for
managing municipal funds.
Treasurer, Lord High. See LORD HIGH TREASURER.
Treasurer ofthe United States. The officer in the U.S.
Department ofthe Treasury responsible for overseeing
the operations of the Bureau of Engraving and Printing
and the U.S. Mint.
treasure trove. [Law French "treasure found"] (l6c)
Valuables (usu. gold or silver) found hidden in the
ground or other private place, the owner of which is
unknown. -At common law in the United States,
the finder ofa treasure trove can usu. claim good title
against all except the true owner. But until 1996, any
treasure trove found in the United Kingdom belonged
to the Crown.
"Treasure hid in the earth. not upon the earth, nor in the
sea, and coin though not hidden, being found is the king's;
we call it treasure trove." Sir Henry Finch, Law, or a Dis
course Thereof 177 (1759).
''Treasure trove consists essentially of articles of gold and
Silver, intentionally hidden for safety in the earth or in
some secret place, the owner being unknown, although it
is probable that the category might include articles made
from the required metals buried in the ground for other
purposes, for example in connection with an ancient sep
ulture. In the United States, the state has never claimed
title to lost property by virtue of its character as treasure
trove, and it has been stated that the law relating thereto
is merged with that of lost goods generally, although there
is authority for the proposition that while treasure trove
in the United States belongs to the finder, found goods
not of that character go to the owner of the locus in quo."
Ray Andrews Brown, The Law ofPersonal Property  13, at
27-28 (2d ed. 1955).
Treasuries. (1922) Debt obligations of the federal govern
ment backed by the full faith and credit of the govern
ment. See TREASuRY BILL; TREASURY BOND; TREASURY
CERTIFICATE; TREASURY NOTE. [Cases: United States
treasury. 1. A place or building in which stores ofwealth
are kept; esp., a place where public revenues are depos
ited and kept and from which money is disbursed to
defray government expenses. [Cases: United States
81.] 2. (cap.) DEPARTMENT. OF THE TREASURY.
Treasury, First Lord. See FIRST LORD OF THE TREASURY.
Treasury Bench. In the British House of Commons, the
first row of seats on the right hand of the speaker. _
lhe Treasury Bench is occupied by the First Lord of the
Treasury or principal minister of the Crown.
Treasury bill. (18c) A short-term debt security issued
by the federal government, with a maturity of 13, 26, or 52 weeks. -These bills -auctioned weekly or
quarterly -pay interest in the form of the difference
between their discounted purchase price and their par
value at maturity. Abbr. T-bill. [Cases: United States
~89.1
Treasury bond. (1858) A long-term debt security issued
by the federal government, with a maturity of 10 to
30 years. -These bonds are considered risk free, but
they usu. pay relatively little interest. -Abbr. T-bond.
[Cases: United States v91.]
TIPS bond. A treasurv bond whose face value is
adjusted to keep pace ~ith the inflation rate. _ 'lhe
acronym TIPS stands for Treasury inflation-protected
securitie$. Abbr. TIPS.
treasury certificate. An obligation of the federal gov
ernment maturing in one year and on which interest is
paid on a coupon basis. [Cases: United States ~90.1
Treasury Department. See DEPARTMENT OF THE
TREASGRY.
Treasury inflation-protected securities. See TIPS bond
under TREASURY BOND.
Treasury note. (ISc) An intermediate-term debt security
issued by the federal government, with a maturity of
two to ten years. -These notes are considered risk
free, but they usu. pay relatively little interest. Abbr.
Tnote. [Cases: United States C:~90.1
Treasury Regulation. (1860) A regulation promulgated
by the U.S. Treasury Department to explain or inter
pret a section of the Internal Revenue Code . Treasury
Regulations are binding on all taxpayers. Abbr.
Treas. Reg. [Cases: Internal Revenue 0::>3038-3042,
3045,3048.J
treasury security. See treasury stock under STOCK.
treasury share. See treasury stock under STOCK.
treasury stock. See STOCK.
treasury warrant. See WARRANT (2).
treating-physician rule. The principle that a treating
physician's diagnoses and findings about the degree of
a social-security claimant's impairment are binding
on an administrative-law judge in the absence ofsub
stantial contrary evidence. [Cases: Social Security and
Public Welfare C-::;, 143.65.]
treaty. 1. An agreement formally signed, ratified, or
adhered to between two nations or sovereigns; an
international agreement concluded between two or
more states in written form and governed by interna
tionallaw. Also termed accord; convention; covenant;
declaration; pact. Cf. EXECUTIVE AGREEMENT. [Cases:
Treaties
"[TJhe legal terminology used by the United States to
describe international agreements is markedly different
from that employed elsewhere. Under the U.S. Constitution,
the term 'treaty' has a particular meaning an agreement
made by the PreSident with the advice and consent of the
Senate." David J. Bederman, International Law Frameworks
158 (2001).

1641
commer


David J. Bederman, International Law Frameworks
158 (2001).

1641
commercial treaty. A bilateral or multilateral treaty
concerning trade or other mercantile activities .
Such a treaty may be general in nature, as by supply
ing the framework oflong-term commercial relations.
Or it may be specific, as by detailing the conditions
of particular branches of trade or other commercial
transactions. Sometimes a treaty of this kind deals
with an individual project, such as a guaranty agree
ment. [Cases: Treaties C:=>8.]
defensive treaty. A treaty in which each party agrees to
come to the other's aid if one is attacked by another
nation. See treaty ofalliance.
"Defensive treaties, as generally understood, are made to
secure the parties to them against aggression from other
states. They may, also, aim at the maintenance of internal
quiet, or of neutrality amid the conflicts of neighboring
powers. To attempt to gain any of these objects is not nec
essarily contrary to the law of nations or to natural justice.
Mutual aid, indeed, against the disturbers of internal quiet,
may secure an absolute government against popular
revolutions in favor of liberty, but if a confederation or
alliance may secure to its members the enjoyment of free
institutions, there is no reason, as far as international law
is concerned, why institutions of an opposite kind may
not support themselves in the same way." Theodore D.
Woolsey, Introduction to the Study of International Law
 107, at 171 (5th ed. 1878).
dispositive treaty (dis-poZ-;Hiv). A treaty by which a
country takes over territory by impressing a special
character on it, creating something analogous to a
servitude or easement in private law.
guarantee treaty. An agreement between countries
directly or indirectly establishing a unilateral or recip
rocal guarantee. -Also spelled guaranty treaty.
Also termed treaty ofguarantee; quasi-guarantee
treaty; pseudo-guarantee treaty.
"In many instances where the term 'guarantee' is used
in international treaties, the contracting parties merely
intend to underline their Willingness to comply with the
obligation they have entered into. Obligations of this kind
do not fall within the concept of guarantee in the proper
sense of the term. In this particular respect, the expression
'pseudo-guarantees' or 'quasiguarantee treaties' is used."
George Ress, "Guarantee Treaties," in 2 Encyclopedia of
Public International Law 634 (1995).
mixed treaty. A treaty with characteristics of different
types of treaties, esp. contrasting types (e.g., perma
nent and transitory, or personal and real).
nonaggression treaty. See NONAGGRESSION PACT.
nonproliferation treaty. A treaty forbidding the
transfer of nuclear weapons from a country with a
nuclear arsenal to one that does not have nuclear
weapons capability. -The first such treaty was con
cluded in 1968, and now more than 100 nations have
agreed to its terms. Also termed nuclear-nonpro
liferation treaty.
offensive treaty. A treaty in which the parties agree to
declare war jointly on another nation and join forces
to wage the war. See treaty ofalliance.
peace treaty. A treaty Signed by heads ofstate to end a
war. -Also termed treaty ofpeace. Cf. TRUCE. [Cases:
War and National EmergencyC:=>33.] treaty
"A peace differs not from a truce essentially in the length
of its contemplated duration, for there may be very long
armistices and a state of peace continuing only a definite
number of years. The ancients often concluded treaties
of peace which were to expire after a certain time ...."
Theodore D. Woolsey, Introduction to the Study of Interna
tional Law  158, at 268 (5th ed. 1878).
permanent treaty. A treaty that contemplates ongoing
performance (as with a treaty of neutrality).
personal treaty. Hist. A treaty relating exclusively to
the contracting sovereign as a person. -Examples
of personal treaties are family alliances and treaties
guaranteeing the throne to a particular sovereign and
his or her family. With the advent of constitutional
government in Europe, personal treaties have lost
their importance.
pseudo-guarantee treaty. See guarantee treaty.
quaSi-guarantee treaty. See guarantee treaty.
real treaty. A treaty relating solely to the subject matter
of the compact, independently of the persons of the
contracting sovereigns. _ Real treaties continue to
bind the state even when the heads of government
change.
transitory treaty. A treaty carried into effect once and
for all, so that it is complete when the act has been
performed (as with a treaty of cession).
treaty ofalliance. A treaty establishing mutual and
reciprocal support obligations . A treaty ofalliance
may be for support in defense, aggression, or both.
See defenSive treaty; offensive treaty.
"A treaty ofalliance can bind the parties to no injustice, nor
justify either of them in being accessory to an act of bad
faith on the part of another. Hence a defensive, still more
an offenSive alliance, can only contemplate, if lawful, the
warding off of intended injustice." Theodore D. Woolsey,
Introduction to the Study of!nternational Law  107, at 172
(5th ed. 1878).
treaty ofguarantee. See guarantee treaty.
treaty ofneutrality. A treaty in which the parties agree
not to engage in any aggressive action against one
another, whether indiVidually or jOintly with others,
and not to interfere with the other party's affairs.
 lhere is no commitment to aid another party in
the event of war -only to refrain from becoming
involved.
"Treaties ofneutrality are reciprocal engagements to have
no part in the conflicts between other powers to remain
at peace in an apprehended or an actual war. They are
suggested by, and prevent the evils of that interference
of nations in each other's affairs, for the preservation of
the balance of power or the safety of the parties interfer
ing, which is so common in modern history." Theodore
D. Woolsey, Introduction to the Study of International Law
 107, at 172 (5th ed. 1878).
treaty ofpeace. See peace treaty.
2. A contract or agreement between insurers provid
ing for treaty reinsurance. See treaty reinsurance under
REINSURANCE. [Cases: Insurance C:=>3593.] 3. A nego
tiated contract or agreement between private persons.

1642 Treaty Clause
private treaty. An agreement to convey property nego
tiated by the buyer and seller or their agents. _ This
term is esp. common in the u.K.
Treaty Clause. The constitutional provision giving the
President the power to make treaties, with the advice
and consent ofthe Senate. U.S. Canst. art. II,  2. [Cases:
Treaties
treaty-created law. See CONVENTIONAL LAW.
treaty-made law. See CONVENTIONAL LAW.
treaty ofreinsurance. See REINSURANCE TREATY.
treaty power. (1835) The President's constitutional
authority to make treaties, with the advice and consent
of the Senate. See TREATY CLAUSE. [Cases: Treaties
2.]
treaty reinsurance. See REINSURANCE.
treble damages. See DAMAGES.
trebucket (tree-b:::lk-it). See CASTIGATORY.
trend. A price pattern in the stock market generally or
in a particular stock.
major trend. A long-term trend ofthe stock market;
a general increase or decrease of stock prices over
an extended period. -Also termed fundamental
trend.
market trend. The direction of stock-market prices over
a several-month period.
trespass (tres-p:::ls or tres-pas), n. (13c) 1. An unlawful act
committed against the person or property of another;
esp., wrongful entry on another's real property. Cf.
unlawful entry under ENTRY (1). [Cases: Trespass (;=:
1-15.] 2. At common law, a legal action for injuries
resulting from an unlawful act ofthis kind. 3. Archaic.
MISDEMEANOR. -trespass, vb. trespassory (tres
p:::l-sor-ee), adj.
"The familiar legend on notice-boards, 'Trespassers will be
prosecuted,' implies that it is a crime, but this may usually
be dismissed as 'a wooden lie.' Yet in time past the idea
was correct, for trespass of any sort was punishable by
fine and imprisonment as well as redressible by an action
for damages, and actually it was not until 1694 that the
punitive element disappeared although it had faded into
obsolescence long before that date. But nowadays trespass
is never criminal except under special statutes which make
it punishable ..." P.H. Winfield, A Textbook of the Lawof
Tort  90, at 307 (5th ed. 1950).
"The term trespass has been used by lawyers and laymen
in three senses of varying degrees of generality. (1) In its
widest and original signification it includes any wrongful
act any infringement or transgression of the rule of right.
This use is common in the Authorised Version of the Bible,
and was presumably familiar when that version was first
published. But it never obtained recognition in the techni
cal language of the law, and is now archaic even in popular
speech. (2) In a second and narrower signification -its
true legal sense -the term means any legal wrong for
which the appropriate remedy was a writ of trespass -viz.
any direct and forcible injury to person, land, or chattels.
(3) The third and narrowest meaning of the term is that in
which, in accordance with popular speech, it is limited to
one particular kind of trespass in the second sense viz.
the tort of trespass to land (trespass quare clausum fregit)."
R.F.V. Heuston, Salmond on the Law of Torts 4 (] 7th ed.
1977). "Before the word 'misdemeanor' became well established
the old writers tended to use the word 'trespass' to indicate
an offense below the grade of felony. And it was used
at times by Blackstone for this purpose, as in the phrase
'treason, felony, or trespass.'" Rollin M. Perkins & Ronald
N. Boyce, Criminal Law 405 (3d ed. 1982).
cattle-trespass. Hist. Trespass by one's cattle or other
animals on another's land, as a result of which the
other might either distrain them damage feasant or
sue for trespass in the local courts. -At first (from
the early 13th century) this type of trespass applied
only to intentional trespass by the keeper ofthe cattle,
but in 1353 it was extended to beasts that had merely
escaped. This type of trespass gave rise to strict liabil
ity. [Cases: Animals (;=:89.]
"It has long been settled that liability for cattle-trespass is
independent of negligence, and it is that which constitutes
its strictness. And, in spite of some confusion in time past,
it is quite distinct from the SCienter type of liability. In Lee
v. Riley [(1865), 18 CB. (N.5.) 722] the defendant's mare
strayed through a gap in his fence, which it was his duty to
repair, to the plaintiff's land and there quarrelled with and
kicked the plaintiff's horse. The defendant was held liable
for cattle-trespass. A great deal of argument was expended
at the trial on whether the defendant had notice of the
ferocious disposition of his mare, but Erie, CJ., pointed out
that, however relevant that might have been in a scienter
action, it was beSide the mark in one for cattle-trespass."
P.H. Winfield, A Textbook of the Law of Ton  148, at 518
(5th ed. 1950).
constructive trespass. See trespass to chattels.
continuing trespass. A trespass in the nature of a per
manent invasion on another's rights, such as a sign
that overhangs another's property. [Cases: Trespass
criminal trespass. 1. A trespass on property that is
clearly marked against trespass by signs or fences.
[Cases: Trespass (;:::"81.] 2. A trespass in which
the trespasser remains on the property after being
ordered off by a person authorized to do so.
innocent trespass. A trespass committed either unin
tentionally or in good faith. [Cases: Trespass
joint trespass. A trespass that two or more persons
have united in committing, or that some have actually
committed while others commanded, encouraged, or
directed it. [Cases: Trespass (;::c:;31.]
permanent trespass. A trespass consisting ofa series of
acts, done on consecutive days, that are of the same
nature and that are renewed or continued from day
to day, so that the acts in the aggregate form one indi
visible harm.
trespass ab initio (ab i-nish-ee-oh). An entry on land
that, though begun innocently or with a privilege,
is deemed a trespass from the beginning because of
conduct that abuses the privilege. [Cases: Trespass
trespass by relation. A trespass committed when the
plaintiffhad a right to immediate possession ofland
but had not yet exercised that right. _ When the plain
tiff takes possession, a legal fiction treats the plainti ff
as having had posseSSion ever since the accrual of the

1643
right of entry. This is known as trespass by relation
because the plaintiff's possession relates back to the
time when the plaintiff first acquired a right to pos
session.
trespass de bonis asportatis (dee hoh-nis as-par-tay
tis). [Latin "trespass for carrying goods away"] 1. A
wrongful taking of chattels . This type of trespassory
taking was also an element of common-law larceny.
2. At common law, an action to recover damages for
the wrongful taking of ch


element of common-law larceny.
2. At common law, an action to recover damages for
the wrongful taking of chattels. Abbr. trespass
d.b.a. -Often shortened to trespass de bonis. -Also
termed trespass to personal property. [Cases: Trespass
C::06.]
trespass on the case. (ISc) At common law, an action
to recover damages that are not the immediate result
of a wrongful act but rather a later consequence.
This action was the precursor to a variety of modern
day tort claims, including negligence, nuisance, and
business torts. -Often shortened to case. -Also
termed action on the case; breve de transgressione
super casum. [Cases: Trespass 1, 16, 17.]
"The most important of the writs framed under the author
ity of the statute of Westminster 2 is that of 'trespass on
the case: to meet cases analogous to trespass in delict,
but lacking the element of direct or immediate force or
violence. This writ gave a form of action in which the court
was enabled to render judgment of damages in cases of
fraud, deceit, negligence, want of skill, defamation oral or
written, and all other injurious acts or omissions resulting
in harm to person or property, but wanting the vi et armis,
the element of direct force and violence, to constitute
trespass." Edwin E. Bryant, The Law ofPleading Under the
Codes of Civil Procedure 7 (2d ed. 1899).
"Common law recognizes a distinction between the actions
of trespass vi et armis (or simply trespass) and trespass on
the case. This distinction has been expressed by stating
that a tort committed by the direct application of force is
remediable by an action for trespass, while a tort accom
plished indirectly is a matter for trespass on the case.
Other authority makes the distinction on the basis of the
defendant's intent, stating that trespass involves a willful
and deliberate act while trespass on the case contemplates
an act or omission resulting from negligence." 1 Am. Jur.
2d Actions  23, at 738 (1994).
trespass quare clausum fregit (kwair-ee-klaw-zam
free-jit). [Latin "why he broke the close"] (17c) 1.
A person's unlawful entry on another's land that is
visibly enclosed . This tort consists of doing any of
the follOWing without lawful justification: (1) entering
upon land in the possession ofanother, (2) remaining
on the land, or (3) placing or projecting any object
upon it. 2. At common law, an action to recover
damages resulting from another's unlawful entry on
one's land that is Visibly enclosed. -Abbr. trespass
q.c.f. -Also termed trespass to real property; trespass
to land; quare clausum querentis fregit. See trespass vi
et armis. [Cases: Trespass ~10, 16, 17.]
"Every unwarrantable entry on another's soil the law
entitles a trespass by breaking his close; the words of the
writ of trespass commanding the defendant to shew cause,
quare clausum querentis fregit. For every man's land is in
the eye of the law enclosed and set apart from his neigh
bour's: and that either by a visible and material fence, as
one field is divided from another by a hedge; or, by an ideal
invisible boundary, existing only in the contemplation of trespasser
law, as when one man's land adjoins to another's in the
same field. And every such entry or breach of a man's close
carries necessarily along with it some damage or other;
for, if no other special loss can be assigned, yet still the
words of the writ itself specify one general damage, viz.
the treading down and bruising his herbage." 3 William
Blackstone, Commentaries on the Laws of England 209-1 0
(1768).
trespass to chattels. (1843) The act of committing,
without lawful justification, any act ofdirect physical
interference with a chattel possessed by another .
The act must amount to a direct forcible injury.
Also termed trespass to goods; constructive trespass.
[Cases: Trespass ~5.J
"Trespass to goods is a wrongful interference with the pos
seSSion of them. It may take innumerable forms, such as
scratching the panel of a coach, removing a tire from a car,
injuring or destroying goods, or in the case of animals,
beating or killing them, or infecting them with disease.
All that is necessary is that the harm done should be
direct ...." P.H. Winfield, A Textbook of the Law of Tort
 99, at 345 (5th ed. 1950).
trespass to goods. See trespass to chattels.
trespass to land. See trespass quare clausum fregit (2).
trespass to personal property. See trespass de bonis
asportatiS.
trespass to real property. See trespass quare clausum
fregit (2).
trespass to try title. (1826) 1. In some states, an action
for the recovery of property unlawfully withheld from
an owner who has the immediate right to possession.
2. A procedure under which a claim to title may be
adjudicated.
trespass vi et armis (VI et ahr-mis). [Latin "with force
and arms"] (l7c) 1. At common law, an action for
damages resulting from an intentional injury to
person or property, esp. ifby violent means; trespass
to the plaintiff's person, as in illegal assault, battery,
wounding, or imprisonment, when not under color
oflegal process, or when the battery, wounding, or
imprisonment was in the first instance lawful, but
unnecessary violence was used or the imprisonment
continued after the process had ceased to be lawful.
 lhis action also lay for injury to relative rights,
such as menacing tenants or servants, beating and
wounding a spouse, criminal conversation with or
sedUcing a wife, or debauching a daughter or servant.
2. See trespass quare clausum fregit. -In this sense,
the "force" is implied by the "breaking" of the dose
(that is, an enclosed area), even ifno real force is used.
[Cases: Trespass ~17.]
trespass d.h.a. See trespass de bonis asportatis under
TRESPASS.
trespasser. (14c) One who commits a trespass; one who
intentionally and without consent or privilege enters
another's property. _ In tort law, a landholder owes
no duty to unforeseeable trespassers. Cf. INVITEE;
LICENSEE (2). [Cases: Trespass (;:::->9.J
"The word 'trespasser' has an ugly sound, but it covers
the wicked and the innocent. The burglar and the
arrogant squatter are trespassers, but so are all sorts of

1644 trespass for mesne profits
comparatively innocent and respectable persons such as
a walker in the countryside who unhindered strolls across
an open field. Perhaps much of the trouble in this area has
arisen from 'the simplistic stereotype' of the definition.
The courts are therefore beginning to recognise that the
duty of the occupier may vary according to the nature of
the trespasser." R.FV. Heuston, Salmond on the Law ofTorts
278 (17th ed. 1977).
innocent trespasser. (1888) One who enters another's
land unlawfully, but either inadvertently or believing
in a right to do so. [Cases: Trespass C=>2, 23.J
trespass for mesne profits. Hist. An action -supple
menting an action for ejectment brought against a
tenant in possession to recover the profits wrongfully
received during the tenant's occupation. [Cases: Eject
ment (;::>128.]
trespass q.c.f. See trespass quare clausum fregit under
TRESPASS.
tret (tret), n. An allowance or abatement of a certain
weight or quantity that a seller makes to a buyer because
of water or dust that may be mixed with a commodity.
Cf. TARE.
triable, adj. (15c) Subject or liable to judicial examina
tion and trial <a triable offense>.
triable either way. English law. (Of an offense) prose
cutable either in the Crown Court or in a magistrates'
court.
"The criminal courts in England and Wales are the magis
trates' courts and the Crown Court. Those offences con
sidered least serious are summary offences, triable only
in the magistrates' courts. Those offences considered
most serious are triable only on indictment, in the Crown
Court. A large number of offences, such as theft and most
burglaries, are 'triable either way,' in a magistrates' court
or the Crown Court. For these offences the defendant can
elect to be tried at the Crown Court, where there is ajudge
and jury. If the defendant does not wish a Crown Court
trial, the magistrates may decide (having heard representa
tions from the prosecutor) that the case is so serious that it
should be committed to the Crown Court for trial." Andrew
Ashworth, Principles ofCriminal Law 16 (1991).
trial. (15c) A formal judicial examination of evidence
and determination oflegal claims in an adversary pro
ceeding. [Cases: Federal Civil Procedure (;::>1951; Trial
(;::18.J
abortive trial. See MISTRIAL.
bench trial. (1954) A trial before a judge without a
jury. The judge decides questions of fact as well as
questions oflaw. -Also termed trial to the bench;
nonjury trial; court trial; trial before the court (abbr.
TBC); judge trial. [Cases: Criminal Law
260.13; Federal Civil Procedure (;::>2251; Trial
367-387.]
bifurcated trial. (1945) A trial that is divided into two
. such as for guilt and punishment or for liabil
ity and damages. -Also termed two-stage trial. Cf.
SEVERANCE (2). [Cases: Federal Civil Procedure
1954; Sentencing and Punishment C-~334; Trial
3.]
closed trial. A trial that is not open to the public, usu.
because of some overriding concern such as a need to protect a child's anonymity or for security. [Cases:
Criminal Law (;::>635; Federal Civil Procedure (;::>
1951; Trial (;::>20.]
court trial. See bench trial.
fair trial. See FAIR TRIAL.
joint trial. (18c) A trial involving two or more parties;
esp., a criminal trial of two or more persons for the
same or similar offenses. [Cases: Criminal Law
622.]
judge trial. See bench trial.
jury trial. (l8c) A trial in which the factual issues are
determined by a jury, not by the judge. -Also termed
trial by jury.
mock trial. See MOCK TRIAL.
new trial. (16c) A postjudgment retrial or reexami
nation of some or all of the issues determined in an
earlier judgment.  The trial court may order a new
trial by motion ofa party or on the court's own initia
tive. Also, when an appellate court reverses the trial
court's judgment, it may remand the case to the trial
court for a new trial on some or all of the issues on
which the reversal is based. See Fed. R. Civ. P. 59; Fed.
R. Crim. P. 33. See MOTION FOR NEW TRIAL; REMAND.
[Cases: Criminal Law (;::>905-96Si Federal Civil Pro
cedure (;:J2311; New Trial (;::>0.5.}
nonbinding minUrial. See summary jury trial.
nonbinding summary jury trial. See summary jury
trial.
nonjury trial. See bench trial.
perfect trial. A trial free from all error.
political trial. (I8c) A trial (esp. a criminal prosecution)
in which either the prosecution or the defendant (or
both) uses the proceedings as a platform to espouse
a particular political belief; a trial of a person for a
political crime. See SHOW TRIAL.
public trial. A trial that anyone may attend or observe.
[Cases: Criminal Law (;:::,635; Federal Civil Proce
dure 1951; Trial
separate trial. (I8c) 1. Criminal procedure. The indi
vidual trial ofeach ofseveral persons jointly accused
ofa crime. Fed. R. Crim. P. 14. [Cases: Criminal Law
(;::>622) 2. Civil procedure. Within a single action,
a distinct trial of a separate claim or issue or of a
group ofclaims or issues ordered by the trial judge,
usu. to conserve resources or avoid prejudice. Fed. R.
Civ. P. 42(b). Cf. SEVERANCE (2). [Cases; Federal Civil
Procedure (;::> 1953 -1965; Trial (;::>3.]
short-cause trial. See short cause under CAUSE (3).
show trial. See SHOW TRIAL.
speedy trial. See SPEEDY TRIAL.
state trial. A trial for a political offense.
summary jury trial. (1984) A settlement technique in
which the parties argue before a mock jury, which
then reaches a nonbinding verdict that will assist the
parties in evaluating their positions. -Also termed

1645 tribal-exhaustion doctrine
nonbinding summary jury trial; nonbinding minitrial.
Cf. MOCK TRIAL. [Cases: Federal Civil Procedure
2252.]
trial at bar. Hist. A trial before all the judges of the
court in which the proceedings take place. Also
termed trial at the bar.
trial at nisi prius (nI-SI prJ-d8). Hist. A trial before the
justices of assize and nisi prius in the county where
the facts are alleged to have occurred, and from which
county the jurors have been summoned.
trial before the court. See bench trial.
trial by battle. See TRIAL BY COMBAT.
trial by


trial before the court. See bench trial.
trial by battle. See TRIAL BY COMBAT.
trial by certificate. His!. A trial in which the issue is
decided on evidence in the form of witnesses' certifi
cates of what they individually know.
trial by combat. See TRIAL BY COMBAT.
trial by duel. See TRIAL BY COMBAT.
trial by inspection. Hist. A trial in which the judge
decided the dispute by individual observation and
investigation, without the benefit of a jury.
trial byjury. See jury trial.
trial by ordeal. See ORDEAL.
trial by record. Hist. A trial in which, a record having
been pleaded by one party and denied by the other,
the record is inspected in order to decide the dispute,
no other evidence being admissible. See NUL TIEL
RECORD.
trial by the country. See trial per pais.
trial by the record. A trial in which one party insists that
a record exists to support its claim and the opposing
party denies the existence of such a record . Ifthe
record can be produced, the court will consider it in
reaching a verdict otherwise, it will rule for the
opponent.
trial de novo (dee or di noh-voh). (I8c) A new trial on
the entire case that is, on both questions offact and
issues oflaw conducted as ifthere had been no trial
in the first instance. [Cases: Appeal and Error (~~'892;
Criminal Law~')260; Federal Courts C:=>776.]
trial in absentia. A trial held without the accused being
present . In the United States, a trial may be held in
absentia only ifthe accused has either voluntarily left
after the trial has started else has so disrupted the pro
ceedings that the judge orders the accused's removal
as a last resort. [Cases: Criminal Law C:=>636.]
trial on the merits. (I8c) A trial on the substantive
issues of a case, as opposed to a motion hearing or
interlocutory matter.
trial per pais (pdr payor pays). [Law French trial by
the country"] (17c) Trial by jury. -Also termed trial
by the country. Cf. CONCLUSION TO THE COUNTRY;
GOING TO THE COUNTRY; PATRIA (3).
trial to the bench. See bench trial.
trifurcated trial. (1959) A trial that is divided into
three stages, such as for liability, general damages, and special damages. [Cases: Federal Civil Procedure
C:=> 1961; Trial C:=>3(5.1).)
two-stage trial. See bifurcated trial.
trial brief. See BRIEF.
trial by combat. Hist. A trial that is decided by personal
battle between the disputants, common in Europe
and England during the Middle Ages; specif., a trial in
which the person accused fought with the accuser, the
idea being that God would give victory to the person in
the right . This method was introduced into England
by the Normans after 1066, but it was a widely detested
innovation and was little used. It became obsolete
several centuries before being formally abolished in
1818, having been replaced in practice by the grand
assize and indictment. Also termed trial by battle;
trial by wager ofbattle; trial by duel; judicial combat;
duel; duellum; wager ofbattle; ornest; vadiatio duelli;
wehading. See JUDICIUM DEL
trial by corsnaed. See ordeal of the morsel under
ORDEAL.
trial by duel. See TRIAl. BY COMBAT.
trial by oath. See COM PURGATION.
trial by ordeal. See ORDEAL.
trial by wager ofbattle. See TRIAL BY COMBAT.
trial calendar. See DOCKET (2).
trial counsel. See COUNSEL.
trial court. See COURT.
trial de novo. See TRIAL.
trial examiner. See ADMINISTRATIVE-LAW JUDGE.
trial franchise. See FRANCHISE (4).
trial judge. See JUDGE.
trial jury. See petit jury under JURY.
trial ofright ofproperty. 1. INTERVENTION (1). 2. INTER
VENTION (2).
trial per pais. See TRIAL.
trial-setting preference. See speCial setting under
SETTING.
trial-type hearing. See ADMINISTRATIVE PROCEEDING.
triangular merger. See MERGER.
Tribal Court. Under the Indian Child Welfare Act, a
court with child-custody jurisdiction that is (1) a Court
ofIndian Offenses, (2) a court established and operated
under an Indian tribe's code or custom, or (3) any other
tribal administrative body that is vested with authority
over child-custody proceedings . The Tribal Court is
composed of tribal members, is usu. situated on the
reservation, and varies in its characteristics from tribe
to tribe. It is not part of any state's judicial system,
instead operating more or less as a judicial system ofa
foreign nation. See INDIAN CHILD WELFARE ACT. [Cases:
Indians C:=> 134(3).]
tribal-exhaustion doctrine. 1he general principle that
when an Indian tribal court, original or appellate, has
personal and subject-matter jurisdiction, the parties

tribal land 1646
must pursue all remedies available under tribal law
before turning to nontribal courts. - A federal court
may review a challenge to jurisdiction only after the
tribal court has established it has jurisdiction and deter
mined the case on the merits. See National Farmer's
Union Ins. Co. v. Crow Tribe, 471 U.S. 845,856-57, 105
S.Ct. 2447, 2454 (1985).
tribal land. A part of an Indian reservation that is not
allotted to or occupied by individual Indians but is held
as the tribe's common land. Cf. INDIAN I~AND. [Cases:
Indians
tribunal (trI-byoo-n~l). (15c) 1. A court or other adjudi
catory body. 2. The seat, bench, or place where a judge
sits.
tributary (trib-ya-ter-ee), n. (14c) A stream flowing
directly or indirectly into a river.
tribute (trib-yoot), n. (14c) 1. An acknowledgment of
gratitude or respect. 2. A contribution that a sover
eign raises from its subjects to defray the expenses of
state. 3. Money paid by an inferior sovereign or state
to a superior one to secure the latter's friendship and
protection.
tributum (tri-byoo-t~m), n. [Latin] Roman law. Origi
nally, a war tax; later, a regular tax on land or persons
in the Roman provinces.
tri-chad. See CHAD.
trier offad. See FACT-FINDER.
trifurcated trial. See TRIAL.
trigamy (trig-;)-mee), n. (17c) The act of marrying a
person while legally married to someone else and biga
mously married to yet another. [Cases: Bigamy C=>1.J
"Trigamy, literally three marriages, is often used for a
special situation. 'Trigamy,' in the sense of the special
problem of the third wife, stems from the premise that
invalidity of the alleged prior marriage is a good defense
to a charge of bigamy. Thus in a bigamy prosecution a so
called common-law marriage can be relied upon to estab
lish either the first or second marriage, if it is recognized
in the jurisdiction as giving rise to the marital status, but
cannot be relied upon where it is not so recognized. A
logical result is that a charge of bigamy may be defeated
by showing that the alleged prior marriage, relied upon
to support the charge, was itself void because of an even
earlier marriage existing at the time-as was held about
1648 in Lady Madison's Case, For example, 0 marries A,
and afterward while A is alive marries B, and still later
when A is dead but B alive, marries C. The marriage to C
is not bigamy because the marriage to B was bigamous
and void." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law458 (3d ed. 1982).
triggering condition. See CONDITION (2).
Trinity House.lvfaritime law. A British corporation char
tered in 1514 to train and license pilots and officially
regulate pilotage. -Trinity House has also erected and
maintained aids to navigation, such as lighthouses and
buoys, on the coasts of Great Britain.
Trinity sittings. English law. A term of court begin
ning on May 22 ofeach year and ending on June 12. _
This was known until 1875 as Trinity term. Cf. EASTER
SITTINGS; HILARY SITTINGS; MICHAELMAS SITTINGS. tripartite (tn-pahr-tIt), adj. (15c) InvolVing, composed
of, or divided into three parts or elements <a tripartite
agreement>.
tripartite lease. See finance lease under LEASE.
tripartite test. Patents. A judicial test for determining
patent infringement by looking at whether a challenged
device or process, though outside the literal scope of the
patent claims, performs the function in substantially
the same way. See SGBSTANTIAL EQUIVALENT.
triple damages. See treble damages under DAMAGES.
triple net lease. See net-net-net lease under LEASE.
triple ordeal. See ORDEAL.
triple trigger. Insurance. (1981) A theory ofcoverage pro
viding that all insurers on a risk must cover a loss from
the day a claimant is first exposed to an injury-produc
ing product (such as asbestos) to the date of diagnosis
or death, whichever occurs first. _ This term was first
used in Keene Corp. v. Insurance Co. ofN. Am., 667 F.2d
1034 (D.C. Cir. 1981), cert denied, 445 U.S. 1007, 102
S.Ct. 1644 (1982). -Also termed continuous trigger. Cf.
ACTUAL-INJURY TRIGGER; EXPOSURE THEORY; MANI
FESTATION THEORY. [Cases: InsuranceC=>2265.]
triplicatio (trip-Ii-kay-shee-oh), n. [Latin] Roman law. A
defendant's response to a plaintiffs replicatio. PI. trip
licationes (trip-li-kay-shee-oh-neez). See REPLlCATIO.
Cf. QUADRUPLICATIO.
TRIPs. abbr. Intellectual property. The Agreement on
Trade-Related Aspects ofIntellectual Property Rights,
a treaty that harmonized and strengthened the intel
lectual-property laws of its signatories by linking the
obligation to protect the intellectual-property rights of
other members' citizens with a mechanism for settling
international trade disputes. _ TRIPs was negotiated at
the 1994 Uruguay Round ofthe General Agreement on
Tariffs and Trade (GATT). More than 150 nations are
parties to the agreement. In the field of patents, TRIPs
standardized patentable subject matter to include med
icines, required testing for nonobviousness and utility,
and protected patentees from infringing imports. In
response to the agreement Congress (1) changed patent
terms to 20 years from the date ofapplication, rather
than 17 years from the date ofissue; (2) allowed foreign
filers to prove priority by inventive efforts that preceded
filing; (3) widened the definition of infringement to
cover offering for sale and importing; and (4) permit
ted provisional applications, with brief descriptions
and no claims, to establish priority. 33 I.L.M. 1197. In
the field ofcopyrights, TRIPs incorporates most ofthe
provisions of the Berne Convention for the Protection
of Literary or Artistic Works, and sets the length of
copyright protection as the life of the author plus 50
years. In the field oftrademarks, TRIPs sets the initial
term ofa trademark registration as not less than seven
years, and makes it renewable indefinitely. Nations
subject to TRIPs may make registrability dependent
on use but may not require use as a condition for filing
an application. Also written TRIPS. -Also termed
TRIPs Agreement.

1647 trust
"Articles 1~8 of TRIPs include the basic principles of
national treatment and most-favoured-nation treatment.
That is, each Member must give to the nationals of other
Members treatment no less favourable than that given to
its own nationals, and must give to the nationals of all
Members the same privileges as are given to the nation
als of any Member. Thus, subject to certain exemptions,
bilateral agreements between Members should no longer
be permitted," Philip W, Grubb, Patents for Chemicals, Phar
maceuticals and Biotechnology 31 (3d ed. 1999),
tristis successio (tris-tis sdk-ses[h]-ee-oh). See hereditas
luctuosa under HEREDITAS.
triverbial days (tn-var-bee-dl). See dies fasti under
DIES.
trivial, adj. (I6c) Trifling; inconsiderable; ofsmall worth
or importance.
TRO (tee-ahr-oh). abbr. TEMPORARY RESTRAINING
ORDER.
troubled asset. See ASSET.
trover (troh-vdr). (16c) A common-law action for the
recovery of damages for the conversion of personal
property, the damages generally being measured by the
property's value. -Also termed trover and conversion.
Cf. DETINUE; REPLEVIN. [Cases: Trover and Conversion
43.]
"Trover may be maintained for all kinds of personal
property, including legal documents, but not where articles
are severed from land by an adverse possessor, at least
until recovery of