HEIR.
testamentary instrument. See WILL.
testamentary intent. See INTENT (1).
testamentary power of appointment. See POWER OF
APPOINTMENT.
testamentary succession. See SUCCESSION (2).
testamentary transfer. See TRANSFER.
testamentary trust. See TRUST.
testamentary trustee. See TRUSTEE (1).
testamenti factio (tes-ta-men-tI fak-shee-oh). [Latin
"right to make a testament"] Roman law. 1. Broadly,
the capacity to take part in a will, as testator, heir, or
witness. 2. The capacity to make a will, open to any
citizen, male or female, sui juris, and over puberty.
 This term is sometimes known as "active" testa
menti Jactio or testamenti factio activa, though the
latter phrase was not known to the Roman law. 3. The
capacity to receive property by will. Junian Latini and
peregrini did not have this capacity. It is also known as
"passive" testamenti factio or testamenti factia passiva,
though the latter phrase was (like testamenti factio
activa) unknown to the Roman law. 4. The capacity to
witness a will. -Women did not have this capacity.
Also termed factto testamenti.
"Under the civil law, this was a power ... vested only in the
Roman citizen ... The testamenti factio was necessary to
any participation whatever in a testament. Without it, no
one could make a will, or take a legacy, or even be a witness
to the execution of a will .... In Scotch law, this phrase can
only signify the power of making a will. as anyone may be
a beneficiary under another's settlement." John Trayner.
Trayner's Latin Maxims 216-17 (4th ed. 1894).
testamentum (tes-td-men-tam), n. [Latin] Roman law. A
will. In early and classical law, the mancipatory will
was standard. It was still used in the Later Empire but
the in A.D. 446, the holographic will was accepted in the
Western Empire. A will could also be made by registra
tion on the court acta. See holographiC will, mancipa
tory will under WILL.
testamentum calatis comitiis (ka-Iay-tis ka-mish
ee-is). [Latin "will made before the comitia curiata"]
Roman law. In early Rome, a will made before the
comitia curiata, having an effect comparable to
adrogation. -The comitia curjata was known as
the comitia calata when it met twice a year for the
purpose of making wills. See comitia curiata under
COMITIA.
testamentum holografum (tes-ta-men-tam hol-a
graf-am). [Latin] See holographic will under WILL.
testamentum in procinctu (in pra-singk-t[y] 00). [Latin
"will made before the army"] Roman law. A will made

1613
by a soldier before a fellow soldiers while preparing
for battle.
testamentum militum (tes-ta-men-tam mil-a-t<'lm).
[Latin] See soldier's will under WILL.
testamentum tripertitum (trI-Pdf-tl-tdm). [Latin "tri
partite will"] Roman law. A will made without inter
ruption, with seven witnesses to seal it, and signed by
the testator . This form ofwill was valid in Justinian's
law. It was called "tripartite" because the authority
for various parts ofit derived from three sources: the
civil law (requiring that the will be made at one and
the same time before witnesses); the praetor's edict
(requiring that there be seven witnesses and that they
must seal it); and imperial constitutions (requiring
that the testator must sign at the end).
testate (tes-tayt), ad}. (15c) Having left a will at death
<she died testate>. Cf. INTESTATE. [Cases: Wills
1.]
testate, n. See TESTATOR.
testate succession. See SUCCESSION (2).
testatio mentis (tes-tay-shee-oh men-tis), n. [LatinJ Hist.
An expression of a testator's mind; a testament.
testation (te-stay-shdn). 1. The disposal of property by
will; the power to dispose ofproperty by will. 2. Archaic.
Attestation; a witnessing. [Cases: Wills \;~1.]
testator (tes-tay-tdr also te-stay-tdr). (14c) A person who
has made a will; esp., a person who dies leaving a wilL
 Because this term is usu. interpreted as applying to
both sexes, testatrix has become archaic. -Also termed
testate. Cf. INTESTATE. [Cases: Wills
testatrix (te-stay-triks or tes-t<'l-triks). Archaic. A female
testator. In modern usage, a person who leaves a will
is called a testator, regardless of sex. PI. testatrixes,
testatrices.
testatum (tes-tay-t<'lm). [Latin "attested"] 1. A writ issued
in a county where a defendant or a defendant's property
is located when venue lies in another county. This
writ, when issued after a ground writ, allowed the
seizure ofthe defendant or the defendant's property in
another county. -Also termed writ oftestatum fieri
facias; writ fi. fa.; testatum bill; testatum writ; latitat
(lat-a-tat). Cf. ground writ under WRIT.
"But if the defendant had removed into another county, the
next process the plaintiff might sue out against him was
a testatum bill, directed to the sheriff thereof, which soon
gained the name of a latitat, from that word being within
it." 1 George Crompton, Practice Common Placed: Rules and
Cases ofPractice in the Courts ofKing's Bench and Common
Pleas xxxv (3d ed. 1787).
2. The operative part of a deed by which the seller
acknowledges the amount and receipt of the purchase
money, whether or not the buyer has actually paid any
money to the seller. Also termed witnessing part.
testatum clause. See TESTIMONIUM CLAUSE.
testatus (tes-tay-tas), n. [Latin] Civil law. See TESTATOR.
test case. See CASE. testimony
teste (tes-tee). [Latin teste meipso "I myself being a
witness"] 1. In drafting, the clause that states the name
of a witness and evidences the act ofwitnessing. -Also
termed teste o.fprocess; teste ofwrit. 2. The final clause
in a royal writ naming the person who authorizes
the affixing of the king's seal.  The clause generally
contains the place and date of the sealing. When the
monarch authenticates the sealing, the clause begins
with the phase teste meipso ("by my own witness").
Otherwise, the authenticator states his or her name
and office.
teste meipso. See TESTE (2).
testifier. One who testifies; WITNESS. Also termed
(archaically) testificator (tes-ta-fi-kay-tar).
testify, vb. (14c) 1. To give evidence as a witness <she tes
tified that the Ford Bronco was at the defendant's home
at the critical time>. [Cases: Witnesses (;::'224.J 2. (Of
a person or thing) to bear witness <the incomplete log
entries testified to his sloppiness>.
testifying expert. See EXPERT.
testimonial evidence. 1. See TESTIMONY. 2. See EVI
DENCE.
testimonial immunity. See IMMUNITY (3).
testimonial incapacity. See INCAPACITY.
testimonial privilege. See PRIVILEGE (1).
testimonial proof. See PROOF.
testimonium clause. (1823) A provision at the end of
an instrument (esp. a will) reciting the date when the
instrument was signed, by whom it was Signed, and
in what capacity. _ This clause traditionally begins
with the phrase "In witness whereof." -Also termed
testatum clause; witness clause. Cf. ATTESTATION
CLAUSE. [Cases; Wills C--, 111(2).]
testimony, n. (14c) Evidence that a competent witness
I under oath or affirmation gives at trial or in an affida
vit or deposition. -Also termed testimonial evidence;
personal evidence. [Cases; Federal Civil Procedure
2011; Trial ~33;Witnesses ~224.J -testimonial,
adj.
affirmative testimony. (1806) Testimony about whether
something occurred or did not occur, based on what
the witness saw or heard at the time and place in
question. -Also termed positive testimony; (formerly)
statement offact. See direct evidence under EVIDENCE.
[Cases: Evidence ~586.1
cumulative testimony. (1818) Identical or similar testi
mony by more t han one witness, and usu. by several,
offered by a party usu. to impress the jury with the
apparent weight of proof on that party's side . The
trial court typically limits cumulative testimony.
[Cases: Criminal Law \;=>675; Federal Civil Proce
dure ~2011; Trial e:-~'56.]
dropsy testimony. (1970) Slang. A police officer's false
testimony that a fleeing suspect dropped an illegal
substance that was then confiscated by the police and
used as probable cause for arresting the suspect.

1614 testing clause
Dropsytestimony is sometimes given when an arrest
has been made without probable cause, as when illegal
substances have been found through an improper
search.
"Before [Mapp v. Ohio, 367 U.S. 643 (1961)]. the policeman
typically testified that he had stopped the defendant for
little or no reason, searched him, and found narcotics on
his person. This had the ring of truth. It was an illegal
search (not based upon 'probable cause'), but the eVidence
was admissible because Mapp had not yet been decided.
Since it made no difference, the policeman testified truth
fully. After, the decision in Mapp it made a great deal of
difference. [~l For the first few months, New York police
men continued to tell the truth about the circumstances
of their searches, with the result that eVidence was sup
pressed. Then the police made the great discovery that if
the defendant drops the narcotics on the ground, after
which the policeman arrests him, then the search is reason
able and the evidence is admissible. Spend a few hours in
the New York City Criminal Court nowadays and you will
hear case after case in which a policeman testifies that the
defendant dropped the narcotiCS on the ground whereupon
the policeman arrested him. I'll Usually the very language
of the testimony is identical from one case to another. This
is now known among defense lawyers and prosecutors as
'dropsy' testimony. The judge has no reason to disbelieve
it in any particular case, and of course the judge must
decide each case on its own evidence, without regard to the
testimony in other cases. Surely, though, not in every case
was the defendant unlucky enough to drop his narcotics."
Irving Younger, ''The Perjury Routine," The Nation, May 3,
1967, at 596-97.
expert testimony. See expert evidence under EVIDENCE.
false testimony. (16c) Testimony that is untrue. 1his
term is broader than perjury, which has a state-of
mind element. Unlike perjury, false testimony does
not denote a crime. Also termedfalse evidence.
interpreted testimony. Testimony translated because
the witness cannot communicate in the language of
the tribunal. [Cases: Witnesses
lay opinion testimony. (I942) Evidence given by a
witness who is not qualified as an expert but who
testifies to opinions or inferences. In federal court,
the admiSSibility of this testimony is limited to
opinions or inferences that are rationally based on
the witness's perception and that will be helpful to
a clear understanding of the witness's testimony or
the determination ofa fact in issue. Fed. R. Evid. 70l.
[Cases: Criminal Law 449.1-467; Evidence (;=:.
470-503.]
mediate testimony. See secondary evidence under
EVIDENCE.
negative testimony. See negative evidence under
EVIDENCE.
nonverbal testimony. (1922) A photograph, draWing,
map, chart, or other depiction used to aid a witness in
testifying. lhe witness need not have made it, but it
must accurately represent something that the witness
saw. See demonstrative evidence under EVIDENCE.
[Cases: Criminal Law (;=:437, 438; Evidence
358,359.]
opinion testimony. (1925) Testimony based on one's
belief or idea rather than on direct knowledge of the facts at issue. Opinion testimony from either
a lay witness or an expert witness may be allowed
in evidence under certain conditions. See opinion
evidence under EVIDENCE. [Cases: Criminal
448-494; Evidence (;=>470-574.]
positive testimony. See affirmative testimony.
testimony de bene esse (dee bee-nee es-ee also day
ben-ay es-ay). (1805) Testimony taken because it is
in danger ofbeing lost before it can be given at a trial
or hearing, usu. because of the impending death or
departure of the witness. Such testimony is taken
in aid ofa pending case, while testimony taken under
a bill to perpetuate testimony is taken in anticipation
offuture litigation. See deposition de bene esse under
DEPOSITION. [Cases: Federal Civil Procedure (;=> 1291;
Pretrial Procedure
written testimony. (17c) 1. Testimony given out ofcourt
by deposition or affidavit.  The recorded writing,
Signed by the witness, is considered testimony. [Cases:
Federal Civil Procedure (;::;> 1432; Pretrial Procedure
(


. [Cases:
Federal Civil Procedure (;::;> 1432; Pretrial Procedure
(;=:201.] 2. In some administrative agencies and
courts, direct narrative testimony that is reduced to
writing, to which the witness swears at a hearing or
trial before cross-examination takes place in the tra
ditional way. [Cases: Administrative Law and Proce
dure (;=:461; Federal Civil Procedure (..'-:>2011; Trial
(;=:33.J
testing clause. Scots law. The clause at the end ofa formal
written instrument or deed by which it is authenticated
according to the forms oflaw . Traditionally, the clause
states the name and address of the writer, the number
ofpages in the instrument, any alterations or erasures,
the names and addresses ofthe witnesses, the name and
address ofthe person who penned the instrument, and
the date and place of signing.
testis. [Latin] Hist. A witness. Pi. testes.
test oath. See oath ofallegiance under OATH.
test paper. A writing that has been proved genuine and
submitted to a jury as a standard by which to deter
mine the authenticity of other writings. The court
decides the test paper's authenticity as a matter oflaw
before it is used by the jury. Direct evidence, such as a
witness to the writing's creation or an admission by the
party, is preferred, but strong circumstantial evidence
is usu. acceptable. In Pennsylvania, a paper or instru
ment shown to the jury as evidence is still called a test
paper (sometimes written test-paper).
Texas ballot. See BALLOT (4).
textbook digest. (I922) A legal text whose aim is to set
forth the law ofa subject in condensed form, with little
or no criticism or discussion of the authorities cited,
and no serious attempt to explain or reconcile appar
ently conflicting decisions.
textual citation. See CITATION (4).
textualism. See strict constructionism under CONSTRUC
TIONISM.

1615 theocracy
thalweg (tahl-vayk or -veg). (1831) 1. A line following the
lowest part ofa (usu. submerged) valley. 2. The middle
ofthe primary navigable channel of a waterway, con
stituting the boundary between states. Also spelled
talweg. Also termed midway. [Cases: States
12.1.]
live thalweg. The part of a river channel that is most
followed, usu. at the middle ofthe principal channel.
Louisiana v. Mississippi, 466 U.S. 96, 104 S.Ct. 1645
(1984).
Thayer presumption. (1958) A presumption that allows
the party against whom the presumption operates to
come forward with evidence to rebut the presumption,
but that does not shift the burden ofproofto that party.
See James B. Thayer, A Preliminary Treatise on Evidence
31-44 (1898). Most presumptions that arise in civil
trials in federal court are interpreted in this way. Fed. R.
Evid. 301. Cf. MORGAN PRESUMPTION. [Cases: Criminal
Law Evidence (;:=>85, 89.]
The Federalist. See FEDERALIST PAPERS.
theft, n. (bef. 12c) 1. The felonious taking and removing
ofanother's personal property with the intent ofdepriv
ing the true owner of it; larceny. [Cases: Larceny C::>
1.] 2. Broadly, any act or instance ofstealing, including
larceny, burglary, embezzlement, and false pretenses.
 Many modern penal codes have consolidated such
property offenses under the name "theft." Also
termed (in Latin) crimen furti. See LARCENY. Cf.
ROBBERY.
"[Tlhe distinctions between larceny, embezzlement and
false pretenses serve no useful purpose in the criminal
law but are useless handicaps from the standpoint of the
administration of criminal justice. One solution has been
to combine all three in one section of the code under the
name of 'larceny.' This has one disadvantage, however,
because it frequently becomes necessary to add a modifier
to make clear whether the reference is to common-law
larceny or to statutory larceny. To avoid this difficulty
some states have employed another word to designate a
statutory offense made up of a combination of larceny,
embezzlement, and false pretenses. And the word used
for this purpose is 'theft.' 'Theft' is not the name of any
common-law offense. At times it has been employed as
a synonym of 'larceny,' but for the most part has been
regarded as broader in its general scope. Under such a
statute it is not necessary for the indictment charging theft
to specify whether the offense is larceny, embezzlement
or false pretenses." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 389-90 (3d ed. 1982).
cybertheft. See CYBERTHEFT.
identity theft. See IDENTITY THEFT.
petty theft. A theft of a small quantity of cash or of
low-value goods or services. This offense is usu. a
misdemeanor. [Cases: Larceny
theft by deception. (1930) The use oftrickery to obtain
another's property, esp. by (1) creating or reinforc
ing a false impression (as about value), (2) prevent
ing one from obtaining information that would affect
one's judgment about a transaction, or (3) failing to
disclose, in a property transfer, a known lien or other
legal impediment. Model Penal Code  223. [Cases:
False Pretenses 1.] theft by extortion. (1969) Larceny in which the perpe
trator obtains property by threatening to (1) inflict
bodily harm on anyone or commit any other criminal
offense, (2) accuse anyone of a criminal offense, (3)
expose any secret tending to subject any person to
hatred, contempt, or ridicule, or impair one's credit
or business reputation, (4) take or withhold action
as an official, or cause an official to take or withhold
action, (5) bring about or continue a strike, boycott,
or other collective unofficial action, ifthe property is
not demanded or received for the benefit ofthe group
in whose interest the actor purports to act, (6) testify
or provide information or withhold testimony or
information with respect to another's legal claim or
defense, or (7) inflict any other harm that would not
benefit the actor. Model Penal Code  223.4. Also
termed larceny by extortion. See EXTORTION. [Cases:
Extortion and Threats C::>25.1.]
theft by false pretext. The use ofa false pretext to obtain
another's property. [Cases: False Pretenses C=:> 1.)
theft ofproperty lost, mislaid, or delivered by mistake.
(1973) Larceny in which one obtains control of
property the person knows to be lost, mislaid, or
delivered by mistake (esp. in the amount ofproperty
or identity of reCipient) and fails to take reasonable
measures to restore the property to the rightful owner.
Model Penal Code  223.5. Also termed larceny of
property lost, mislaid, or delivered by mistake. [Cases:
Larceny ~-:>10.]
theft ofservices. (1946) The act of obtaining services
from another by deception, threat, coercion, stealth,
mechanical tampering, or using a false token or
device. See Model Penal Code  223.7.
theftbote. (theft-boht) See BOTE (2).
theftuous (thef-choo-Js), adj. 1. (Of an act) character
ized by theft. 2. (Of a person) given to stealing. Also
spelled theftous.
thence, adv. (Bc) 1. From that place; from that time . In
surveying, and in describing land by courses and dis
tances, this word, preceding each course given, implies
that the follOWing course is continuous with the one
before it <south 240 feet to an iron post, thence west
59 feet>. 2. On that account; therefore.
thence down the river. (16c) With the meanders of a
river. This phrase appears in the field notes ofpatent
surveyors, indicating that the survey follows a mean
dering river unless evidence shows that the meander
line as written was where the surveyor in fact ran it.
Meander lines show the general course ofthe river and
are used in estimating acreage, but are not necessarily
boundary lines. See MEANDER LINE. [Cases: Boundar
ies 12.]
theocracy (thee-ok-rJ-see). (l7c) 1. Government ofa
state by those who are believed to be or represent that
they are acting under the immediate direction ofGod
or some other divinity. 2. A state in which power is
exercised by ecclesiastics.

Theodosian Code (thee-;:l-doh-sh;:m). Roman law. A
compilation of imperial enactments prepared at the
direction of the emperor Theodosius II and published
in A.D. 438. The Theodosian Code replaced all other
imperial legislation from the time of Constantine I
(A.D. 306-337), and remained the basis of Roman law
until it was superseded by the first Justinian Code in
A.D. 529. Also termed (in Latin) Codex Theodosianus
(koh-deks thee-d-doh-shee-ay-n<ls).
"As a literary work the Theodosian Code has a dismal
reputation .... Some quaestors possessed an elegant,
powerful, or agreeably ornate style.... Against these
may be set others with literary pretensions whose prose is
ponderous or marred by excessive alliteration, assonance,
pleonasm, or fondness for technical terms, or whose com
positions are in other ways inept." Tony Honore, Law in the
Crisis of the Empire 379-455 AD 21 (1998).
theolonio. See DE THEOLONIO.
theory of law. The legal premise or set of principles on
which a case rests.
theory-of-pleading doctrine. (1956) The principle-
now outmoded -that one must prove a case exactly
as pleaded . Various modern codes and rules of civil
procedure have abolished this strict pleading-and-proof
requirement. For example, Fed. R. Civ. P. 15 allows
amendment of pleadings to conform to the evidence.
lCases: Federal Civil Procedure (;='881; Pleading
370.]
theory ofthe case. (1800) A comprehensive and orderly
mental arrangement ofprinciples and facts, conceived
and constructed for the purpose ofsecuring a judgment
or decree ofa court in favor ofa litigant; the particular
line of reasoning of either party to a suit, the purpose
being to bring together certain facts of the case in a
logical sequence and to correlate them in a way that
produces in the decision-maker's mind a definite result
or conclusion favored by the advocate. See CAUSE OF
ACTION (1).
therapeutic abortion. See ABORTION.
therapeutic jurisprudence. See JURISPRUDENCE.
therapeutic relief. See RELIEF.
therapeutics. See therapeutic relie/under RELIEF.
thereabouts, adv. (bef. 12c) Near that time or place
<Schreuer was seen in Rudolf Place or thereabouts>.
Also termed thereabout.
thereafter, adv. (bef. 12c) Afterward; later <Skurry was
thereafter arrested>.
thereat, adv. (bef. 12c) 1. At that place or time; there. 2.
Because ofthat; at that occurrence or event.
thereby, adv. (bef. 12c) By that means; in that way
<B1ofeld stepped into the embassy and thereby found
protection>.
therefor, adv. (bef. 12c) For it or them; for that thing or
action; for those things or actions <she lied to Congress
but was never punished therefor>.
therefore, adv. (l4c) 1. For that reason; on that ground or
those grounds <a quorum was not present; therefore, no vote was taken>. 2. To that end <she wanted to become
a tax lawyer, and she therefore applied for the univer
sity's renowned LL.M. program in taxation>. Also
termed thereupon.
therefrom, adv. (l3c) From that, it, or them <Hofer had
several financial obligations to Ricks, who refused to
release Hofer therefrom>.
therein, adv. (bef. 12c) l. In that place or time <the
Dallas/Fort Worth metroplex has a population ofabout
3 million, and some 20,000 lawyers practice therein>.
2. Inside or within that thing; inside or within those
things <there were 3 school buses with 108 children
therein>. 3. In that regard, circumstance, or particular
<therein lies the problem>.
thereinafter, adv. (1818) Later in that thing (such as a
speech or document) <the book's first reference was
innocuous, but the five references thereinafter were
libelous per se>.
thereof, adv. (bef. 12c) Of that, it, or them <although
the disease is spreading rapidly, the cause thereof is
unknown>.
thereon, adv. (bef. 12c) On that or them <Michaels
found the online reports of the cases and relied thereon
instead ofchecking the printed books>. Also termed
thereupon.
thereto, adv. (bef. 12c) To that place, thing, issue, or the
like <the jury awarded $750,000 in actual damages,
and it added thereto another $250,000 in punitive
damages>. -Also termed thereunto.
theretofore, adv. (14c) Until that time; before that time
<theretofore, the highest award in such a case has been
$450,000>.
thereunder, adv. (bef. 12c) Under that or them <on the
top shelf were three books, and situated thereunder was
the missing banknote>


12c) Under that or them <on the
top shelf were three books, and situated thereunder was
the missing banknote> <section 1988 was the relevant
fee statute, and the plaintiffs were undeniably proceed
ing thereunder>.
thereunto, adv. See THERETO.
thereupon, adv. (l3c) 1. Immediately; without delay;
promptly <the writ ofexecution issued from the court,
and the sheriff thereupon sought to find the judgment
debtor>. 2. THEREON. 3. THEREFORE.
thesauri inventio (thi-sawr-I in-ven-shee-oh). [Latin
"discovery of treasure"] Roman law. The principle
according to which the finder of treasure acquires full
or partial ownership ofit.
thesaurus (thi-sawr-<ls), n. [Latin] Roman law. I.
Treasure; speciL valuables that have been hidden for
so long that the owner's identity can no longer be estab
lished. 2. A storehouse. PI. thesauri.
Thibodaux abstention (tib-;:l-doh). See ABSTENTION.
thief. (bef. 12c) One who steals, esp. without force
or violence; one who commits theft or larceny. See
THEFT.

1617
common thief. (l6c) A thief who has been convicted
of theft or larceny more than once. -Also termed
common and notorious thief.
manifest thief. See FUR MANIFESTUS.
thieve, vb. (bef. 12c) To steal; to commit theft or larceny.
See THEFT.
thievery. The act or practice of stealing.
thimblerig. See SHELL GAME.
thimbles and balls. See SHELL GAME.
thin capitalization. See CAPITALIZATION.
thin corporation. See CORPORATION.
thing. (bef. 12c) 1. The subject matter of a right, whether
it is a material object or not; any subject matter ofown
ership within the sphere of proprietary or valuable
rights . Things are divided into three categories: (1)
things real or immovable, such as land, tenements, and
hereditaments, (2) things personal or movable, such
as goods and chattels, and (3) things having both real
and personal characteristics, such as a title deed and
a tenancy for a term. 'Ibe civil law divided things into
corporeal (tangi possunt) and incorporeal (tangi non
possunt). La. Civ. Code art. 461. [Cases: Property (';=:
1.]
accessory thing. A thing that stands in a dependency
relationship with another thing (the principal thing).
 An accessory thing ordinarily serves the economic
or other purpose ofthe principal thing and shares its
legal fate in case of transfer or encumbrance.
corporeal thing. (17c) The subject matter of corporeal
ownership; a material object. -Also termed res cor
porales; tangible thing.
immovable thing. See IMMOVABLE.
incorporeal thing. (17c) The subject matter ofinc or po
real ownership; any proprietary right apart from the
right offull dominion over a material object. Also
termed res incorporale; intangible thing.
movable thing. See MOVABLE (1).
real things. See REAL THINGS.
thing in action. See chose in action under CHOSE.
thing in possession. See chose in posseSSion under
CHOSE.
2. Anything that is owned by someone as part of that
person's estate or property. -Also termed res; chose.
thing in action. See chose in action under CHOSE.
thing in possession. See chose in possession under
CHOSE.
things mancipi. See RES MANCIPI.
things nee mancipi. See RES NEC MANCIP!.
things personal. See personal property (1) under
PROPERTY.
things real. See REAL THINGS.
thin market. See MARKET.
thin-skull rule. See EGGSHELL-SKULL RULE. third-party consent
Third Amendment. The constitutional amendment,
ratified as part of the Bill of Rights in 1791, prohibit
ing the quartering of soldiers in private homes except
during wartime.
third cousin. See COUSIN.
third degree, n. (1900) The process of extracting a con
fession or information from a suspect or prisoner by
prolonged questioning, the use of threats, or physical
torture <the police gave the suspect the third degree>.
third-degree instruction. See ALLEN CHARGE.
third-degree murder. See MURDER.
third estate. Property. A landowner's right to have the
land supported below the surface against subsidence
when it is undermined by tunnels, such as those made
for mining operations. _ The phrase appears most fre
quently in Pennsylvania, where the common law tra
ditionally recognizes three estates in land: the surface
(first or surface estate), the minerals (second or mineral
estate), and an estate in the support of the surface (the
third estate). The third estate originated with the com
mon-law duty of miners to support the surface estate.
[Cases: Mines and Minerals C=;:;55(6).]
third opposition. Civil law. A species of intervention,
usu. in a real-property case, in which the third party
asserts a claim of ownership or other real right to
seized property, and the claim does not depend on the
outcome of the original suit between the plaintiff and
the defendant. La. Code Civ. Proc. art. 1092. See, e.g.,
Atkins v. Smith, 15 So. 2d 855 (La. 1943). See INTER
VENTION (1).
third party, n. (1818) A person who is not a party to
a lawsuit, agreement, or other transaction but who is
usu. somehow implicated in it; someone other than the
principal parties. Also termed outside party; third
person. See PARTY. [Cases: Federal Civil Procedure
281; Parties (;:.:>49.] -third-party, adj.
third-party, vb. (1965) To bring (a person or entity) into
litigation as a third-party defendant <seeking indem
nity, the defendant third-partied the surety>. [Cases:
Federal Civil Procedure (;::::>281; Parties (';=:49.]
third-party action. See ACTION (4).
third-party beneficiary. See BENEFICIARY.
third-party-beneficiary contract. See CONTRACT.
third-party business-buyout agreement. See AGREE
MENT.
third-party check. (1904) A check that the payee indorses
to another party -for example, a customer check that
the payee indorses to a supplier. - A person who takes a
third-party check in good faith and without notice ofa
security interest can be a holder in due course.
third-party complaint. See COMPLAINT.
third-party consent. (1942) A person's agreement to
official action (such as a search of premises) that affects
another person's rights or interests . To be effective
for a search, third-party consent must be based on the
consenting person's common authority over the place

1618 third-party defendant
to be searched or the items to be inspected. See COM
MON-AUTHORITY RULE. [Cases: Searches and Seizures
third-party defendant. (1927) A party brought into a
lawsuit by the original defendant. [Cases: Federal Civil
Procedure (;=-"'281; Parties <::=49.]
third-party equity lease. See leveraged lease under
LEASE.
third-party insurance. See liability insurance under
INSURANCE.
third-party logistical service provider. See FREIGHT
FORWARDER. Abbr. TPL.
third-party plaintiff. (1857) A defendant who files a
pleading in an effort to bring a third party into the
lawsuit. See third-party complaint under COMPLAINT.
[Cases: Federal Civil Procedure <::=281; Parties
49.]
third-party practice. See IMPLEADER.
third-party record-custodian summons. See John Doe
summons under SUMMONS.
third-party standing. See STANDING.
third person. See THIRD PARTY.
third possessor. Civil law. A person who acquires mort
gaged property but is not personally bound by the obli
galion secured by the mortgage. [Cases: Mortgages
277.]
Third World. Int'llaw. l. DEVELOPING COUNTRY. 2. The
group of nations (esp. in Africa and Asia) not aligned
with major powers, whether Western democracies (Le.,
the First -or Free World) or countries that were
formerly part ofthe Soviet bloc (Le., the Second World).
 Although Third World nations are often underde
veloped, the term Third World may denote only their
political rather than their economic status.
Third World country. See DEVELOPING COUNTRY.
Thirteenth Amendment. The constitutional amendment,
ratified in 1865, that abolished slaverv and involuntarv
servitude. [Cases: Constitutional La~C=~1l01.] ,
"The thirteenth amendment is fairly unique in two respects.
First, it contains an absolute bar to the existence of slavery
or involuntary servitude; there is no requirement of 'state
action.' Thus it is applicable to individuals as well as
states .... Secondly, like the fourteenth and fifteenth
amendments, it contains an enforcement clause, enabling
Congress to pass all necessary legislation." John E. Nowak
& Ronald D. Rotunda, Constitutional Law  15.6, at 918
(4th ed. 1991).
30(b)(6) deposition. See DEPOSITION.
thirty-day letter. (1929) A letter that accompanies a
revenue agent's report issued as a result of an Internal
Revenue Service audit or the rejection of a taxpayer's
claim for refund and that outlines the taxpayer's appeal
procedure before the Internal Revenue Service . Ifthe
taxpayer does not request any such procedure within
the 30-day period, the IRS will issue a statutory notice
ofdeficiency. Cf. NINETY-DAY LETTER. [Cases: Internal
Revenue (;::::c4542.1, 5044.] threat, n. (bef. 12c) 1. A communicated intent to inflict
harm or loss on another or on another's property, esp.
one that might diminish a person's freedom to act vol
untarily or with lawful consent <a kidnapper's threats
ofviolence>. [Cases: Extortion and Threats (.;::::025.1.]
terroristic threat. (1959) A threat to commit any
crime of violence with the purpose of (l) terroriz
ing another, (2) causing the evacuation ofa building,
place ofassembly, or facility ofpublic transportation,
(3) causing serious public inconvenience, or (4) reck
lessly disregarding the risk ofcausing such terror or
inconvenience. Model Penal Code 211. See TERROR
ISM. [Cases: Extortion and Threats
2. An indication ofan approaching menace <the threat
of bankruptcy>. 3. A person or thing that might well
cause harm <Mrs. Harrington testified that she had
never viewed her husband as a threat>. threaten,
vb. threatening, adj.
threatened species. See SPECIES (1).
threat of continuing harm. See CONTINUING THREAT
OF HARM.
threat of continuing injury. See CONTINUING THREAT
OF HARM.
three estates, the. See ESTATES OF THE REALM (1).
threefold ordeal. See triple ordeal under ORDEAL.
312 amendment. See amendment after allowance under
PATENT-APPLICATION AMENDMENT.
341 meeting. See creditors' meeting under MEETING.
three-judge court. See COURT.
three-mile limit. The distance ofone marine league or
three miles offshore, usu. recognized as the limit ofter
ritorial jurisdiction. [Cases: International Law:::::=:5.]
three-step test. Copyright. An analysis of an infringe
ment defense under TRIPs and the Berne Convention,
looking at whether the defendant's use of a protected
work (1) is inherently limited to special cases, (2) did
not conflict with the owner's normal exploitation ofthe
work, and (3) did not unreasonably prejudice the legiti
mate interests of the owner . The test is analogous to
the analysis under the fair-use doctrine in U.S. law.
three-strikes law. (1984) Slang. A statute prescribing
an enhanced sentence, esp. life imprisonment, for a
repeat offender's third felony conviction . About half
the states have enacted a statute of this kind. -Also
termed three-strikes-and-you're-out law. [Cases: Sen
tencing and Punishment (;::::c 1200-1219.]
three wicked sisters. Slang. The three doctrines
contributory negligence, the fellow-servant rule, and
assumption of the risk used by 19th-century courts
to deny recovery to workers injured on the job.
"These three common law defenses, contributory negli
gence, fellow servant rule, and assumption of the risk,
became known as the 'three wicked sisters,' because of
their preclusive effect on the ability of injured workers to
recover.... By precluding application of the traditional
respondeat superior concept for acts of fellow servants and
by presuming that workers assumed the risks associated
with their employment, courts made it extremely difficult

1619 tiered partnership
for employees to recover from their employers for the
increasing number of work-related injuries .... By the late
18005, courts began to recognize the harsh results gener
ated by rote application of the fellow servant, assumption
of the risk, and contributory negligence doctrines." Mark A.
Rothstein et aI., Employment Law  7.2, at 404 (1994).
threshold. Parliamentary law. The number or proportion
of votes needed for election.
threshold confession. See CONFESSION.
thrift institution.


law. The number or proportion
of votes needed for election.
threshold confession. See CONFESSION.
thrift institution. See SAVINGS-AND-LOAN ASSOCIA
TION.
through bill oflading. See BILL OF LADING.
through lot. A lot that abuts a street at each end.
through rate. The total shipping cost when two or more
carriers are involved. _ The carriers agree in advance
on a through rate, which is typically lower than the sum
of the separate rates. [Cases: Carriers (;::::> 12(2),29.)
throwaway, n. Slang. 1. An unemancipated minor whose
parent or caregiver has forced him or her to leave home.
2. A runaway whose parent or caregiver refuses to allow
him or her to return home. Cf. RUNAWAY.
throwback rule. (1972) Tax. l. In the taxation oftrusts,
a rule requiring that an amount distributed in any tax
year that exceeds the year's distributable net income
must be treated as ifit had been distributed in the pre
ceding year. -The beneficiary is taxed in the current
year although the computation is made as ifthe excess
had been distributed in the previous year. If the trust
did not have undistributed accumulated income in the
preceding year, the amount ofthe throwback is tested
against each of the preceding years. IRC (26 USCA)
 665-66S. [Cases: Internal Revenue (;::::>4019.] 2. A
taxation rule requiring a sale that would otherwise be
exempt from state income tax (because the state to
which the sale would be assigned for apportionment
purposes does not have an income tax, even though
the seller's state does) to be attributed to the seller's
state and thus subjected to a state-level tax. _ This rule
applies only if the seller's state has adopted a throw
back rule.
throw out, vb. (1817) To dismiss (a claim or lawsuit).
thrust-upon conflict. See CONFLICT OF INTEREST.
thumbprint. See FINGERPRINT.
ticket, n. 1. A certificate indicating that the person to
whom it is issued, or the holder, is entitled to some right
or privilege <she bought a bus ticket for Miami>. 2.
CITATION (2) <he got a speeding ticket last week>. 3.
BALLOT (2) <they all voted a straight-party ticket>.
ticket of leave. Archaic. The English equivalent of
parole.
ticket-of-leave man. A convict who has obtained a ticket
ofleave.
ticket speculator. A person who buys tickets and then
resells them for more than their face value; in slang, a
scalper. See SCALPER (1).
tidal, adj. Affected by or having tides. _ For a river to be
"tidal" at a given spot, the water need not necessarily be salt, but the spot must be one where the tide, in
the ordinary and regular course of things, flows and
reflows.
tide. The rising and falling of seawater that is produced
by the attraction of the sun and moon, uninfluenced
by special winds, seasons, or other circumstances that
create meteorological and atmospheric meteorological
tides; the ebb and flow of the sea. -Tides are used to
measure a shore's upland boundary.
lower low tide. The lowest point of the daily tide.
mean high tide. lhe average ofall high tides, esp. over
a period of 18.6 years. Also termed ordinary high
tide.
mean lower low tide. The average of lower low tides
over a fixed period.
mean low tide. Ihe average of all low tides both low
and lower low over a fixed period.
neap tide (neep). A tide, either high tide or low tide,
that is lower than average because it occurs during
the first or last quarter of the moon, when the sun's
attraction partly counteracts the moon's.
ordinary high tide. See mean high tide.
spring tide. A tide, either high tide or low tide, that is
higher than average because it occurs during the new
moon and full moon.
tideland. (ISc) Land between the lines of the ordinary
high and low tides, covered and uncovered successively
by the ebb and flow of those tides; land covered and
uncovered by the ordinary tides. [Cases: Navigable
Waters (;::::>36(3).]
tidesman. English law_ A customhouse officer appointed
to watch or attend upon ships until the customs are
paid. - A tidesman boards a ship at its arrival in the
mouth of the Thames and comes up with the tide. See
CUSTOMHOUSE.
tidewater. (lSc) Water that falls and rises with the ebb
and flow of the tide. -The term is not usu. applied to
the open sea, but to coves, bays, and rivers.
tideway. (ISc) Land between high-and low-water marks.
[Cases: Navigable Waters (;::::> 36(3).)
tie, n. 1. An equal number of votes for two candidates
in an election. [Cases: Elections C:::;23S.] 2. An equal
number of votes cast for and against a particular
measure by a legislative or deliberative body. -In the
U.S. Senate, the Vice President has the deciding vote
in the event of a tie. U.S. Const. art.!,  3. See tie vote
under VOTE.
tied product. See TYING ARRANGEMENT (1).
tied service. See TYING ARRANGEMENT (1).
tie-in arrangement. See TYING ARRANGEMENT.
tiempo inhabil. Hist. Louisiana law. The time at which
a person becomes insolvent.
tiercear. See TERCER.
tiered partnership. See PARTNERSHIP.

tie vote. See VOTE (3).
TIF. abbr. TAX-INCREMENT FINANCING.
tight, adj. Slang. (Of a note, bond, mortgage, lease, etc.)
characterized by summary and stringent clauses pro
viding the creditor's remedies in case ofdefault.
TILA. abbr. Truth in Lending Act. See CONSUMER CREDIT
PROTECTIO:>l ACT. [Cases: Consumer Credit
tillage (til-ij), n. (1Sc) A place tilled or cultivated; land
under cultivation as opposed to land lying fallow or
in pasture.
till-tapping. (1893) Slang. Theft of money from a cash
register.
timber easement. See EASEMENT.
timber lease. See LEASE.
timber rights. See timber easement under EASEMENT.
time. (bef. 12c) 1. A measure of duration. 2. A point in
or period ofduration at or during which something is
alleged to have occurred. 3. Slang. A convicted crimi
nal's period ofincarceration.
dead time. (1909) Time that does not count for a par
ticular purpose, such as time not included in calculat
ing an employee's wages or time not credited toward
a prisoner's sentence. -The time during which a
prisoner has escaped, for example, is not credited
toward the prisoner's sentence. Also termed nonrun
time. [Cases: Labor and Employment (::::;2311; Sen
tencing and Punishment (::::; 1155-1182.]
earned time. A credit toward a sentence reduction
awarded to a prisoner who takes part in activities
designed to lessen the chances that the prisoner will
commit a crime after release from prison. -Earned
time, which is usu. awarded for taking educational
or vocational courses, working, or participating in
certain other productive activities, is distinct from
good time, which is awarded simply for refraining
from misconduct. Cf. good time. [Cases: Prisons (::::;
243.]
flat time. (1943) A prison term that is to be served
without the benefit oftime-reduction allowances for
good behavior and the like.
good time. (1886) 'Ihe credit awarded to a prisoner for
good conduct, which can reduce the duration of the
prisoner's sentence. Cf. GOOD BEHAVIOR; earned time.
[Cases: Prisons
jail-credit time. See TAIL CREDIT.
nonrun time. See dead time.
street time. The time that a convicted person spends
on parole or on other conditional release. _ If the
person's parole is revoked, this time mayor may not
be credited toward the person's sentence, depending
on the jurisdiction and the particular conditions of
that person's parole. See dead time.
time agreement. 1. A pact made by the party leaders
in the U.S. Senate to limit the time allowed for debate on a bill or amendment. 2. See UNANIMOUS-CONSENT
AGREEMENT.
time arbitrage. See ARBITRAGE.
time-bar, n. (1881) A bar to a legal claim arising from the
lapse ofa defined length of time, esp. one contained in
a statute oflimitations. [Cases: Limitation of Actions
-time-barred, adj.
time-bargain. See FUTURES CONTRACT.
time bill. See time draft under DRAFT.
time certain. 1. A definite, specific date and time. Cf.
DATE CERTAI~. 2. Parliamentary law. A specified time
or condition for which a matter's consideration is
scheduled or to which its consideration is postponed.
See postpone definitely under POSTPONE (3); speCial
order under ORDER (4).
time charter. See CHARTER (8).
time check. See TIMESHEET.
time deposit. See DEPOSIT (2).
time draft. See DRAFT.
time immemorial. (17c) 1. A point in time so far back
that no living person has knowledge or proof contra
dicting the right or custom alleged to have existed since
then. -At common law, that time was fixed as the year
1189, the year that Henry II of England died. -Also
termed time out ofmemory; time out ofmind; time of
memory. 2. A point in time beyond which legal memory
cannot go. See LEGAL MEMORY. 3. A very long time.
time insurance. See INSURANCE.
time is of the essence. See OF THE ESSENCE.
time-is-of-the-essence clause. Contracts. A contrac
tual provision making timely performance a condi
tion. [Cases: Contracts (::::;211; Vendor and Purchaser
Cr'='78.]
time letter ofcredit. See LETTER OF CREDIT.
time loan. See term loan under LOAN.
time note. See NOTE (1).
time of memory. Archaic. See TIME IMMEMORIAL (1).
time option. See OPTION (2).
time order. See ORDER (8).
time out ofmemory. See TIME IMMEMORIAl..
time out ofmind. See TIME IMMEMORIAl..
time-place-or-manner restriction. (1974) Constitu
tionallaw. A government's limitation on when, where,
or how a public speech or assembly may occur, but not
on the content of that speech or assembly. -As long
as such restrictions are narrowly tailored to achieve a
legitimate governmental interest, they do not violate
the First Amendment. Also written time, place, or
manner restriction. Also termed time-place-and
manner restriction. See PUBLIC FORUM.
time policy. See INSURANCE POLICY.
time-price differential. 1. A figure representing the
difference between the current cash price ofan item

1621
and the total cost of purchasing it on credit. [Cases:
Consumer Credit C=>4: Usury C=32.) 2. The dif
ference between a seller's price for immediate cash
payment and a different price when payment is made
later or in installments.
time-price doctrine. The rule that ifa debt arises out of
a purchase and sale, the usury laws do not apply . If
a higher price is charged for a deferred payment than
for an immediate payment, the difference between the
time price and the cash price is deemed compensation
to the seller for the risk that the buyer will default and
for the interest that the seller could have earned on an
immediate payment. Because the buyer can usu. choose
to postpone a purchase and save up the cash price,
the buyer does not have the same status as a needy
borrower who must deal with a potentially predatory
lender. [Cases: Usury (;:::~~32.1
time-sharing, n. (1976) Joint ownership or rental of
property (such as a vacation condominium) by several
persons who take turns occupying the property. - Also
termed time-share. [Cases: Estates in Property C=>l.]
time-share, vb.
timesheet. (1970) 1. An employee's record oftime spent
on the job. 2. An attorney's daily record ofbill able and
non billable hours, used to generate clients' bills. Also
termed (formerly) time check. See BILLABLE HOUR.
time-shifting. The practice of recording a broadcast for
viewing at a later time . Time-shifting was found to
be a noninfringing fair use of videotape recorders in
Sony Corp. v. Universal Studios, Inc., 464 U.S. 417, 104
S.Ct. 774 (1984). [Cases: Copyrights and Intellectual
Property (::::>67.1.]
time unity. See unity oftime under UNITY.
time value. The price associated with the length of
time that an investor must wait until an investment
matures or the related income is earned. Cf. YIELD TO
MATURITY.
timocracy (tI-mok-ra-see). (15c) 1. An aristocracy of
property: government by propertied, relatively rich
people. 2. A government in which the rulers' primary
motive is the love ofhonor.
TIN. abbr. See TAX-IDENTIFICATION NUMBER.
tin parachute. An employment-contract provision that
grants a corporate employee (esp. one below the execu
tive level) severance benefits in the event ofa takeover.
 These benefits are typically less lucrative than those
provided under a golden parachute. -Also termed
silver parachute. Cf. GOLDEN PARACHUTE.


under a golden parachute. -Also termed
silver parachute. Cf. GOLDEN PARACHUTE.
tip, n. 1. A piece of special information; esp., in securi
ties law, advance or inside information passed from one
person to another. See INSIDE INFORMATION: INSIDER
TRADING. [Cases: Securities Regulation (;::::J60.28(2).)
2. A gratuity for service given . Tip income is taxable.
IRC (26 USCA)  6l(a). [Cases: Internal Revenue C'='
3163: Taxation C~3455.1
tippee. 	Securities. A person who acquires material
nonpublic information from someone in a fidUciary tithe of agistment
relationship with the company to which that infor
mation pertains. [Cases: Securities Regulation C=>
60.28(5).]
tipper. Securities. A person who is in a fiduciary relation
ship with a company that the person possesses material
inside information about, and who selectively discloses
that information for trading or other personal purposes
<the tippee traded 5,000 shares after her conversation
with the tipper>. [Cases: Securities Regulation
60.28(5).]
tippling house. See PUBLIC HOUSE.
TIPS. abbr. See TIPS bond under TREASURY BOND.
tipstaff. A court crier. The name derives from the
crier's former practice of holding a staff tipped with
silver as a badge of office. See CRIER. [Cases: Courts
C=>58.] PI. tipstaves, tipstaifs.
tip-stave. See SERVITOR OF BILLS.
tithe (Bth), n. 1. A tenth of one's income, esp. in ref
erence to a religiOUS or charitable gift or obligation.
[Cases: Religious Societies 2. Hist. A small tax
or assessment, esp. in the amount ofone-tenth. -tithe,
vb. tithable, adj.
"A tithe was the right of a rector to a tenth part of the
produce of all the land in his parish. In some cases a rector
was an individual, while in others the rectory was vested in
a monastery, which appointed a vicar to perform the neces
sary eccleSiastical duties 'vicariously' for the monastery.
On the dissolution of the monasteries in the reign of Henry
VIII many rectories passed into the royal hands and were
granted to laymen; the result was that the right to tithes in
many cases passed into lay hands. Like advowsons, tithes
were deemed to be land in which the various estates could
exist." Robert E. Megarry & P.V. Baker, A Manual of the Law
of Real Property415 (4th ed. 1969).
great tithe. (usu. pI.) A tithe paid in kind and there
fore considered more valuable than other tithes .
The great tithes often consisted of corn, peas, beans,
hay, and wood.
mixed tithes. A tithe consisting of a natural product,
such as milk or wool, obtained or cultivated by human
effort.
"A second species of incorporeal hereditaments is that of
tithes ... the first species being usually called predial, as
of corn, grass, hops, and wood; the second mixed, as of
wool, milk, pigs, etc., consisting of natural products, but
nurtured and preserved in part by the care of man; and of
these the tenth must be paid in gross; the third personal, as
of manual occupations, trades, fisheries, and the like; and
of these only the tenth part of the clear gains and profits
is due." 2 William Blackstone, Commentaries on the Laws
ofEngland 24 (1766).
personal tithe. A tithe ofprofits from manual occupa
tions or trades.
predial tithe. A tithe ofcrops (such as corn). -Also
spelled praedial tithe.
vicarial tithe (vI-kair-ee-al). A small tithe payable to
a vicar.
tithe of agistment (;:)-jist-m;:)nt). Hist. A church-levied
charge on grazing land. The tithe was paid by the

occupier ofthe land rather than the person whose cattle
grazed on the land. See AGISTMENT.
tithing. See DECENARY.
Titius heres esto (Ush-ee-as heer-eez es-toh). [Latin]
Roman law. Let Titius be my heir. The phrase was
the testamentary form for appointing an heir. Titius
was a fictitious name often used by way of example in
legal writing, esp. in forms.
title. (15c) 1. lhe union of all elements (as ownership,
possession, and custody) constituting the legal right to
control and dispose ofproperty; the legal link between
a person who owns property and the property itself
<no one has title to that land>. Cf. OWNERSHIP; pos
SESSION. 2. Legal evidence of a person's ownership
rights in property; an instrument (such as a deed) that
constitutes such evidence <record your title with the
county clerk>.
"Though employed in various ways, [title] is generally
used to describe either the manner in which a right to real
property is acquired, or the right itself. In the first sense, it
refers to the conditions necessary to acquire a valid claim
to land; in the second, it refers to the legal consequences
of such conditions. These two senses are not only inter
related, but inseparable: given the requisite conditions, the
legal consequences or rights follow as of course; given the
rights, conditions necessary for the creation of those rights
must have been satisfied. Thus, when the word 'title' is
used in one sense, the other sense is necessarily implied."
Kent McNeil, Common Law Aboriginal Title 10 (1989).
aboriginal title. 1. Land ownership, or a claim ofland
ownership, by an indigenous people in a place that has
been colonized. -Also termed native title. 2. INDIAN
TITLE. [Cases: Indians C= 151.]
absolute title. (17c) An exclusive title to land; a title
that excludes all others not compatible with it. See
fee simple absolute under FEE SIMPLE. [Cases: Estates
in Property
adverse title. (18c) A title acquired by adverse posses
sion. See ADVERSE POSSESSION. [Cases: Adverse Pos
session C=106.]
after-acqUired title. (1810) Title held by a person who
bought property from a seller who acquired title only
after purporting to sell the property to the buyer.
See AFTER-ACQUIRED-TITLE DOCTRINE. Cf. title by
estoppel. [Cases: Vendor and Purchaser C='8.]
apparent title. See COLOR OF TITLE.
bad title. 1. See defective title, 2. See unmarketable
title.
clear title. (17c) 1. A title free from any encumbrances,
burdens, or other limitations. [Cases: Vendor and
Purchaser 130(2), 133.] 2. See marketable title.
Also termed good title,
defeasible title. (17c) A title voidable on the occur
rence ofa contingency, but not void on its face, [Cases:
Estates in Property C='6.]
defective title. (17c) A title that cannot legally convey
the property to which it applies, usu. because ofsome
conflicting claim to that property. Also termed bad
title. [Cases: Vendor and Purchaser C='129.] derivative title. (l7c) 1. A title that results when an
already existing right is transferred to a new owner.
2. The general principle that a transteree of property
acquires only the rights held by the transferor and no
more. [Cases: Vendor and Purchaser C='210.J
dormant title. (17c) A title in real property held in
abeyance.
doubtful title. (l7c) A title that exposes the party
holding it to the risk of litigation with an adverse
claimant. See unmarketable title. [Cases: Vendor and
Purchaser C=' 129(1), l30(2).]
equitable title. (17c) A title that indicates a beneficial
interest in property and that gives the holder the right
to acquire formal legal title . Before the Statute of
Uses (1536), an equitable title was enforceable only in
a court ofchancery, not oflaw. Cf. legal title. [Cases:
Vendor and Purchaser
good title. (16c) 1. A title that is legally valid or effective.
[Cases: Vendor and Purchaser C::) l30(2), 133.] 2. See
clear title (1). 3. See marketable title.
imperfect title. (18c) A title that requires a further
exercise of the granting power to pass land in fee, or
that does not convey full and absolute dominion.
Indian title. See INDIAN TITLE.
just title. In a case of prescription, a title that the pos
sessor received from someone whom the possessor
honestly believed to be the real owner, provided that
the title was to transfer ownership of the property.
[Cases: Adverse Possession C=:>69.]
legal title. (l7c) A title that evidences apparent owner
ship but does not necessarily signify full and complete
title or a beneficial interest.  Before the Statute of
Uses (1536), a legal title was enforceable only in a
court oflaw, not chancery. Cf. equitable title, [Cases:
Vendor and Purchaser C=:>54.]
lucrative title. Civil law. A title acquired without giving
anything in exchange for the property; title by which
a person acquires anything that comes as a clear gain,
as by gift, descent, or devise. -Because lucrative title
is usu. acquired by gift or inheritance, it is treated as
the separate property ofa married person. Cf. onerous
title.
marketable title. (ISc) A title that a reasonable buyer
would accept because it appears to lack any defect
and to cover the entire property that the seller has
purported to sell; a title that enables a purchaser to
hold property in peace during the period of owner
ship and to have it accepted by a later purchaser who
employs the same standards ofacceptability. -Also
termed good title; merchantable title; clear title. [Cases:
Vendor and Purchaser C'::> 130.]
"One definition of a marketable title which has been put
forward repeatedly is one free from all reasonable doubt.
Stated another way, a marketable title is one which does
not contain any manner of defect or outstanding interest
or claim which may conceivably operate to deieat or impair
the interest which is bargained for and is intended to be
conveyed. This negative concept of marketability has
become an implied invitation for courts to declare titles

1623
unmarketable if an examiner has entertained any doubt
whatever with respect to them. The digests attest the
painful truth that claims of a bygone era cling like bar
nacles to land titles and encumber them long after they
should have been scraped clean .... We need to replace
this negative approach by a positive one which will make
the marketability of titles depend solely upon their state
during some recent interval oftime rather than upon their
entire history." Paul E. Basye, Clearing Land Titles  371,
at 539 (1953).
native title. See aboriginal title (1).
nonmerchantable title. See unmarketable title.
onerous title (on-;Jr-<}s). 1. Civil law. A title acquired
by giving valuable consideration for the property, as
by paying money or performing services. 2. A title to
property that is acquired during marriage through a
spouse's skill or labor and is therefore treated as com
munity property. Cf.iucrative title.
original title. A title that creates a right for the first
time.
"The catching of fish is an original title of the right of own
ership, whereas the purchase of them is a derivative title.
The right acquired by the fisherman is newly created; it did
not formerly exist in anyone." John Salmond, Jurisprudence
345 (Glanville L Williams ed., 10th ed. 1947).
paper title. See record title.
paramount title. (I8c) 1. Archaic. A title that is the
source of the current title; original title. 2. A title
that is superior to another title or claim on the same
property.
particular title. Civil law. A title acquired from an
ancestor by purchase, gift, or inheritance before or
after the ancestor's death.
perfect title. 1. FEE SIMPLE. 2. A grant of land that
requires no further act from the legal authority to
constitute an absolute title to the land. 3. A title that
does not disclose a patent defect that may require a
lawsuit to defend it. 4. A title that is good both at law
and in equity. 5. A title that is good and valid beyond
all reasonable doubt.
presumptive title. (17c) A title of the lowest order,
arising out of the mere occupation or simple posses
sion of property without any apparent right, or any
pretense of right, to hold and continue that posses
sion.
record title. (18c) A title as it appears in the public
records after the deed is properly recorded. Also
termed title ofrecord; paper title. [Cases: Vendor and
Purchaser C= 132, 231(1).]
singular title. (17c) The title by which one acquires
property as a Singular successor.
tax title. (1831) A title to land purchased at a tax sale.
[Cases: Taxation C=::>3060-3082.]
title by descent. (l7c) A title that one acquires by law as
an heir ofthe deceased owner.
title by devise. (1819) A title created by will.
title by estoppel. Title acquired from a person who did
not have title at the time of a purported conveyance title
with a warranty but later acquired the title, which
then inures to the benefit of the grantee. Cf. after
acquired title.
title by prescription. (17c) A title acquired by prescrip
tion. See PRESCRIPTION (5). [Cases: Adverse Posses
sion C=:106.]
title defective in form


RESCRIPTION (5). [Cases: Adverse Posses
sion C=:106.]
title defective in form. (1836) A title for which some
defect appears on the face of the deed, as opposed to
a defect that arises from circumstances or extrinsic
evidence. _ Title defective in form cannot be the basis
ofprescription. See PRESCRIPTION (5). [Cases: Vendor
and Purchaser C=129.]
title ofentry. (16c) The right to enter upon lands.
title ofrecord. See record title.
universal title. (17c) A title acquired by a conveyance
causa mortis of a stated portion of all the conveyor's
property interests so that on the conveyor's death the
recipient stands as a universal successor.
unmarketable title. (l8c) A title that a reasonable buyer
would refuse to accept because ofpossible contlicting
interests in or litigation over the property. - Also
termed bad title; unmerchantable title; nonmerchant
able title. [Cases: Vendor and Purchaser C=130(2).]
3. The heading of a statute or other legal document <the
title ofthe contract was "Confidentiality Agreement">.
[Cases: Contracts Statutes C;::;) 109.2.]
general title. A statute's name that broadly and com
prehenSively identifies the subject matter addressed
by the legislature. Cf. restrictive title. [Cases: Statutes
C=109.2.]
long title. The full, formal title of a statute, usu. con
taining a brief statement oflegislative purpose.
"The first Acts of Parliament did not have titles. The first
time that an Act of Parliament was given a title was about
1495. Even when the long title came to be added to each
Act of Parliament as a matter of course, as it did from
about 1513, the long title was not regarded as part of the
Act of Parliament itself. Today, however, the position is
different: the long title is part of the Act of Parliament."
D.J. Gifford & John Salter, How to Understand an Act of
Parliament 19 (1996).
"Because Parliament's clerks, rather than Parliament,
provided the titles of acts, the traditional rule has been that
the title could not be used for interpretive purposes ....
This is no longer the practice in most English-speaking
jurisdictions, for the long title, and often a short title as
well, are part of the legislative bill from the very beginning.
In the United States, most state constitutions require the
legislative enactment to have a title that gives accurate
notice of the contents of the law." William N. EskridgeJr. &
Elizabeth Garett, Legislation 831 (2001).
short title. The abbreviated title ofa statute by which it
is popularly known; a statutory nickname.
4. A subdivision ofa statute or code <Title IX>.
restrictive title. A statute's name that narrowly identi
fies the particular subject matter addressed by the leg
islature. Cf. general title. [Cases: Statutes C=::> 109.2.]
5. The name by which a court case or other legal pro
ceeding is distinguished from others; STYLE (1).6. An
appellation of office, dignity, or distinction <after the

title, abstract of 1624
election, he bore the title of mayor for the next four
years>.
title, abstract of. See ABSTRACT OF TITLE.
title, action to quiet. See action to quiet title under
ACTION (4).
title, chain of. See CHAIN OF TITLE.
title, cloud on. See CLOUD ON TITLE.
title, color of. See COLOR OF TITLE.
title, covenant for. See covenant for title under COVENANT
(4).
title, document of. See DOCUMENT OF TITLE.
title, indicia of. See INDICIA OF TITLE.
title, muniment of. See MUNIMENT OF TITLE.
title, root of. See ROOT OF TITLE.
title, warranty of. See warranty oftitle under WARRANTY
(2).
Title VII ofthe Civil Rights Act of 1964. A federal law
that prohibits employment discrimination and harass
ment on the basis of race, sex, pregnancy, religion,
and national origin, as well as prohibiting retaliation
against an employee who opposes illegal harassment or
discrimination in the workplace. -This term is often
referred to simply as Title VII. 42 USCA  2000e et
seq. [Cases: Civil Rights C=1l02.]
Title IX of the Educational Amendments of 1972. A
federal statute generally prohibiting sex discrimination
and harassment by educational facilities that receive
federal funds . This term is often referred to simply as
Title IX. 20 USCA  1681 et seq. Civil Rights
C=1067.]
title clearance. The removal ofimpediments to the mar
ketability ofland, esp. through title examinations.
title company. See COMPANY.
title deed. See DEED.
title division. Archaic. A common-law system for
dividing property acquired during marriage upon the
dissolution of the marriage, the divisions being based
on who holds legal title to the property. Under title
division, when a marriage ends in divorce, property
purchased during the marriage is awarded to the
person who holds title to the property. Cf. COMMUNITY
PROPERTY; EQUITABLE DISTRIBUTION.
title-guaranty company. See title company under
COMPANY.
title insurance. See INSURANCE.
title jurisdiction. See TITLE THEORY.
title member. See name partner under PARTNER.
title-object clause. See CLAUSE.
title ofentry. See TITLE (2).
title ofrecord. See record title under TITLE (2).
title ofright. (1917) A court-issued decree creating, trans
ferring, or extinguishing rights . Examples include a
decree ofdivorce or judicial separation, an adjudication of bankruptcy, a discharge in bankruptcy, a decree of
foreclosure against a mortgagor, an order appointing or
removing a trustee, and a grant ofletters ofadministra
tion. In all the examples listed, the judgment operates
not as a remedy but as a title ofright.
title opinion. See OPINION (2).
title registration. (1971) A system of registering title
to land with a public registry, such as a county clerk's
office. See TORRENS SYSTEM. [Cases: Records ~--:>9.]
title retention. (1936) A form oflien, in the nature ofa
chattel mortgage, to secure payment of a loan given to
purchase the secured item. [Cases: Chattel Mortgages
(;='1.]
title search. (1965) An examination of the public records
to determine whether anv defects or encumbrances
exist in a given property's ~hain oftitle. A title search
is typically conducted by a title company or a real-estate
lawyer at a prospective buyer's or mortgagee's request.
[Cases: Abstracts of Title 1-3; Vendor and Pur
chaser C~231(2).1
title standards. (1938) Criteria by which a real-estate
title can be evaluated to determine whether it is defec
tive or marketable. Many states, through associations
ofconveyancers and real-estate attorneys, still adhere
to title standards. [Cases: Abstracts of Title 1-3;
Vendor and Purchaser (;=>130(2).]
title state. See TITLE THEORY.
title theory. (1907) Property law. The idea that a mortgage
transfers legal title of the property to the mortgagee,
who retains it until the mortgage has been satisfied or
foreclosed. -Only a few American states -known
as title states, title jurisdictions, or title-theory jurisdiC
tions -have adopted this theory. Cf. LIEN THEORY.
[Cases: Mortgages (;=> 136.]
title transaction. (1939) A transaction that affects title
to an interest in land.
title unity. See unity oftitle under UNITY.
titulo lucrativo, qui titulus est post contractum debitum
(tkh-a-Ioh loo-kra-tl-voh, kWI tich-a-Ias est pohst bn
trak-tam deb-i-tam). [Law Latin] Hist. By a lucrative
title, which occurs after the contracting of debt.
titulo singular; (tich-a-loh sing-gy<l-lair-I). [Law Latin]
Hist. Bya singular title . Those acquiring property by
means other than succession held the property under
a titulus singularis.
titulo universali (tich-a-Ioh yoo-ni-v<lr-say-h). [Law
Latin] Hist. By a universal title . An heir succeeding
to an ancestor's estate held title titulo universali.
titulus transferendi (tich-a-Ias trans-fdr-en-dI). [Law
Latin] Hist. The legal title for transferring. Also
spelled titulus transferrendi. Cf. MODUS TRANSFER
ENOL
TM. abbr. TRADEMARK . Typically used as a superscript
after a mark (TM), it signals only that someone claims
ownership ofthe mark; it does not mean that the mark
is registered.

1625
TMEP. abbr. TRADEMARK MANUAL OF EXAMINING PRO-
CEDl:RE.
T-note. abbr. TREASURY NOTE.
tocher. Scots law. Dowry.
to-have-and-to-hold clause. See HABENDUM CLAUSE
(1).
token, n. (bef. 12c) 1. A sign or mark; a tangible evidence
of the existence of a fact. 2. A sign or indication ofan
intention to do something, as when a buyer places a
small order with a vendor to show good faith with a
view toward later placing a larger order. 3. A coin or
other legal tender. _ Although token most commonly
refers to a piece of metal, the term may also denote a
bill or other medium ofexchange.
false token. A counterfeit coin, bill, or the like.
toleration, n. 1. The act or practice of permitting or
enduring something not wholly approved of; the act
or practice of allowing something in a way that does
not hinder. 2. The allowance of opinions and beliefs,
esp. religious ones, that differ from prevailing norms.
3. Archaic. Legal permission or authorization; LICENSE
(1). -tolerate, vb.
toll, n. 1. A tax or due paid for the use of something;
esp., the consideration paid either to use a public road,
highway, or bridge, or to maintain a booth for the sale
of goods at a fair or market. [Cases: Bridges
Turnpikes and Toll Roads 2. A right to collect
such a tax or due. 3. The privilege of being free from
such a tax or due. 4. A charge for a long-distance tele
phone call. [Cases: Telecommunications ~'-;)9S0.]
toll, vb. (15c) 1. To annul or take away <toll a right of
entry>. 2. (Of a time period, esp. a statutory one) to stop
the running of; to abate <toll the limitations period>.
See EQUITABLE TOLLING. 3. Hist. To raise or collect a
tax or due for the use of something.
tollage (toh-lij). 1. Payment of a tolL 2. Money charged
or paid as a toll. 3. 'Ibe liberty or franchise of charging
a toll.
tolling agreement. (1934) An agreement between a
potential plaintiff and a potential defendant by which
the defendant agrees to extend the statutory limitations
period on the plaintiff's claim, usu. so that both parties
will have more time to resolve their dispute without
litigation. [Cases: Limitation ofActions C:=:'o 14.]
tolling statute. (1899) A law that interrupts the running
of a statute oflimitations in certain situations, as when
the defendant cannot be served with process in the
forum jurisdiction. [Cases: Limitation of Actions
43-138.]
toIt (tohlt). Hist. A writ for removing a case pending in
a court baron to a county court. -Also termed writ of
tolt. See COURT BARON; county court under COURT.
"Where the disputed interest in the land was not a fee held
of the king in chief but a fee held of a 'mesne lord' the writ
was directed to him bidding him do full right between the
parties in the matter of the land in question under pain
of the case being removed from his court to the sheriff's
court if he failed to do justice. This removal was effected Torrens system
(if necessary) by the process known as 'tolt' under which a
sheriff on a complaint to him in his county court of a failure
of the lord to do justice ordered his bailiff to attend the
lord's court and take away the plaint into the county court."
Geoffrey Radcliffe & Geoffrey Cross, The English Legal
System 38 (G.J. Hand & D.j. Bentley eds., 6th ed. 1977).
tombstone. Securities. An advertisement (esp. in a news
paper) for a public securities offering, describing the
security and identifying the sellers. -The term gets its
name from the ad's traditional black border and plain
print. Also termed tombstone advertisement; tomb
stone ad. Cf. PROSPECTUS.
ton. A measure of weight fixed at either 2,000 pounds
avoirdupois or 20 hundredweights, each hundred
weight being 112 pounds avoirdupois. [Cases: Weights
and Measures C:=:'o3.]
long ton. Twenty long hundredweight (2,240 pounds),
or 1.016 metric tons.
short ton. Twenty short hundredweight (2,000 pounds),
or 0.907 metric tons.
ton mile. In transportation, a measure equal to the trans
portation ofone ton offreight one mile.
tonnage (tan-ij). 1. The capacity of a vessel for carrying
freight or other loads, calculated in tons. -Also
termed net tonnage. [Cases: Shipping C:=:'o7.J2. The total
shipping t


Also
termed net tonnage. [Cases: Shipping C:=:'o7.J2. The total
shipping tonnage of a country or port. 3. See tonnage
duty under DUTY (4).
tonnage duty. See DUTY (4).
tonnage-rent. A rent reserved by a mining lease or
similar transaction, consisting of a royalty on every
ton of minerals extracted from the mine. [Cases: Mines
and Minerals C:=:'o70.J
tonnage tax. See tonnage duty under DUTY (4).
tonsure. Hist. The shaving of a person's (usu. a cleric's)
head. -Serjeants-at-law supposedly wore coifs to
conceal their shaved heads.
tontine (ton-teen or ton-teen), n. 1. A financial arrange
ment in which a group of participants share in the
arrangement's advantages until all but one has died or
defaulted, at which time the whole goes to that survivor.
[Cases: Insurance C:=:'o2441.] 2. A financial arrange
ment in which an entire sum goes to the contributing
participants still alive and not in default at the end of
a specified period.
tontine policy. See INSURANCE POLICY.
top-hat pension plan. See PENSION PLAN.
top lease. See LEASE.
top management. See MANAGEMENT.
topographical survey. See SURVEY.
torpedo doctrine. See ATTRACTIVE-NUISANCE DOC
TRINE.
Torrens system (tor-anz or tahr-anz). (1863) A system
for establishing title to real estate in which a claimant
first acquires an abstract of title and then applies to
a court for the issuance of a title certificate, which
serves as conclusive evidence of ownership. -1his

tort 1626
system named after Sir Robert Torrens, a 19th
century reformer of Australian land laws has been
adopted in the United States by several counties with
large metropolitan areas. -Also termed Torrens title
system. See CAVEAT (3). [Cases: Records ~J9.]
tort (tort). (16c) 1. A civil wrong, other than breach of
contract, for which a remedy may be obtained, usu. in
the form of damages; a breach of a duty that the law
imposes on persons who stand in a particular relation
to one another. [Cases; Torts (;:::: 106.] 2. (pl.) The
branch oflaw dealing with such wrongs.
'To ask concerning any occurrence 'Is this a crime or is it a
tort?' is to borrow Sir James Stephen's apt illustration
no wiser than it would be to ask concerning a man 'Is he a
father or a son?' For he may well be both."J.W. Cecil Turner,
Kenny's Outlines of Criminal Law 543 (16th ed. 1952).
"We may ... define a tort as a civil wrong for which the
remedy is a common-law action for unliquidated damages,
and which is not exclusively the breach of a contract or the
breach of a trust or other merely equitable obligation."
R.F.V. Heuston, Salmond on the Law of Tons 13 (17th ed.
1977).
"It might be possible to define a tort by enumerating the
things that it is not. It is not crime, it is not breach of
contract, it is not necessarily concerned with property
rights or problems of government, but is the occupant of
a large residuary field remaining if these are taken out of
the law. But this again is illusory, and the conception of a
sort of legal garbage-can to hold what can be put nowhere
else is of no help. In the first place, tort is a field which
pervades the entire law, and is so interlocked at every point
with property, contract and other accepted classifications
that, as the student of law soon discovers, the categories
are quite arbitrary. In the second, there is a central theme,
or basis or idea, running through the cases of what are
called torts, which, although difficult to put into words,
does distinguish them in greater or less degree from other
types of cases." W. Page Keeton et aI., The Law ofTorts  1,
at 2-3 (5th ed. 1984).
business tort. A tort that impairs some aspect of an
economic interest or business relationship and causes
economic loss rather than property damage or bodily
harm. Business torts include tortious interference
with contractual relations, intentional interfer
ence with prospective economic advantage, unfair
business practices, misappropriation oftrade secrets,
and product disparagement. [Cases: Antitrust and
Trade Regulation (;::::410; Libel and Slander~) 130;
Torts G-'-:::>2 11 , 241.]
constitutional tort. (1966) A violation ofone's consti
tutional rights by a government officer, redressable
by a civil action filed directly against the officer . A
constitutional tort committed under color of state law
(such as a civil-rights violation) is actionable under 42
USCA  1983. Sometimes (informally) shortened
to contort. [Cases: Civil Rights 1304.]
dignitary tort (dig-n;:Hair-ee). (1996) A tort involv
ing injury to one's reputation or honor.  In the few
jurisdictions in which courts use the phrase dignitary
tort (such as Maine), defamation is commonly cited
as an example. -Also (erroneously) termed digna
tory tort. environmental tort. A tort involving exposure to dis
agreeable or harmful environmental conditions or
harm to and degradation of an environment (e.g., the
pouring of acid on golf greens). _ An environmen
tal tort is usu. harmful to land rather than people,
though people may find it unpleasant (e.g., odors from
a landfill). By contrast, toxic torts involve exposure
to harmful substances that cause personal physical
injury or disease. Cf. toxic tort.
government tort. (1945) A tort committed by the gov
ernment through an employee, agent, or instrumen
tality under its controL -The tort mayor may not be
actionable, depending on whether the government is
entitled to sovereign immunity. A tort action against
the U.S. government is regulated by the Federal Tort
Claims Act, while a state action is governed by the
state's tort claims act. See FEDERAL TORT CLAIMS
ACT; sovereign immunity under IMMt:NITY (1). [Cases:
Municipal Corporations (;::::723.]
intentional tort. (1860) A tort committed by someone
acting with general or specific intent. -Examples
include battery, false imprisonment, and trespass to
land. Also termed willful tort. Cf. NEGI.IGENCE.
[Cases: Torts (;:::: liS.]
marital tort. A tort by one spouse against the other .
Since most jurisdictions have abolished interspousal
tort immunity, courts have had to decide which tort
claims to recognize between married persons. Among
those that some, but not all, courts have chosen to
recognize are assault and battery, including claims
for infliction of sexually transmitted disease, and
intentional and negligent infliction of emotional
distress. Also termed domestic tort. Cf. husband
wife immunity under IMMUNITY. [Cases: Husband
and Wife (;::::53, 205(2).]
maritime tort. Any tort within the admiralty jurisdic
tion. [Cases: Admiralty (;::~17.]
mass tort. (1940) A civil wrong that injures many
people. Examples include toxic emissions from a
factory, the crash of a commercial airliner, and con
tamination from an industrial-waste-disposal site.
Cf. toxic tort.
negligent tort. (1865) A tort committed by failure to
observe the standard of care required by law under
the circumstances. See NEGLIGENCE.
personal tort. (17c) A tort involving or consisting in
an injury to one's person, reputation, or feelings, as
distinguished from an injury or damage to real or
personal property. [Cases: Torts (;::::425.]
preconception tort. A tort that is committed before the
victim has been conceived.
prenatal tort, (1960) 1. A tort committed against a
fetus. -Ifborn alive, a child can sue for injuries result
ing from tortious conduct predating the child's birth.
[Cases: Death 15; Infants (;::::72(2).] 2. Loosely,
any of several torts relating to reproduction, such as
those giving rise to wrongful-birth actions, wrongful

1627
life actions, and wrongful-pregnancy actions. [Cases:
Health <>686, 687.1
prima facie tort (prI-m<l fay-shee-ee or -shee or -sh<l).
(1938) An unjustified, intentional infliction of harm
on another person, resulting in damages, by one or
more acts that would otherwise be lawful. _ Some
jurisdictions have established this tort to provide a
remedy for malicious deeds -esp. in business and
trade contexts -that are not actionable under tradi
tional tort law. [Cases: Torts C=,155.]
property tort. (1898) A tort involving damage to
property. [Cases: Torts C=:C429.]
public tort. (1949) A minor breach ofthe law (such as a
parking violation) that, although it carries a criminal
punishment, is considered a civil offense rather than
a criminal one because it is merely a prohibited act
(malum prohibitum) and not inherently reprehensible
conduct (malum in se). -Also termed civil offense. Cf.
civil wrong under WRONG; public delict under DELICT.
[Cases: Criminal Law <>26, 27.J
quasi-tort. (1809) A wrong for which a nonperpetrator
is held responsible; a tort for which one who did not
directly commit it can nonetheless be found liable,
as when an employer is held liable for a tort com
mitted by an employee. -Also spelled quasi tort.
See vicarious liability under LIABILITY; RESPONDEAT
SUPERIOR.
sanctions tort. See SANCTIONS TORT.
toxic tort. (1979) A civil wrong arising from exposure
to a toxic substance, such as asbestos, radiation, or
hazardous waste . A toxic tort can be remedied by a
civil lawsuit (usu. a class action) or by administrative
action. Cf. mass tart; environmental tort. [Cases: Neg
ligence <>306; Products Liability <>201, 217.]
willful tort. See intentional tart.
tortfeasor (tort-fee-z<lr). (I7c) One who commits a tort;
a wrongdoer.
concurrent tortfeasors. (1921) Two or more tortfea
sors whose simultaneous actions cause injury to a
third party. Such tortfeasors are jointly and sev
erally liable. [Cases: Negligence (:::-.>421, 484; Torts
<>134, 135.]
consecutive tortfeasors. (1955) Two or more tortfea
sors whose actions, while occurring at different times,
combine to cause a single injury to a third party.
Such tortfeasors are jointly and severally liable.
joint tortfeasors. (1822) Two or more tortfeasors who
contributed to the claimant's injury and who may be
joined as defendants in the same lawsuit. See jOint and
several liability under LIABILITY. [Cases: Negligence
e='484; Torts <>134, 135.J
successive tortfeasors. (1954) Two or more tortfeasors
whose negligence occurs at different times and causes
different injuries to the same third party. [Cases:
Damages (~34.]
tortious (tor-sh<ls), ad). (l6c) 1. Constituting a tort;
wrongful <tortious conduct>. [Cases: Torts total
106, 107.] 2. In the nature of a tort <tortious cause of
action>.
tortious act. See ACT (2).
tortious battery. See BATTERY (2).
tortious conduct. See CONDUCT.
tortious interference with a business advantage. See
TORTIOUS INTERFERENCE WITH PROSPECTIVE ADVAN
TAGE.
tortious interference with contractual relations. (1954)
A third party's intentional inducement of a contract
ing party to break a contract, causing damage to the
relationship between the contracting parties. Also
termed unlawful interference with contractual relations;
interference with a contractual relationship; interfer
ence with contract; inducement of breach ofcontract;
procurement of breach ofcontract. [Cases: Labor and
Employment <>903-914; Torts <>212.J
tortious interference with economic relations. See
TORTIOUS INTERFERENCE WITH PROSPECTIVE ADVAN
TAGE.
tortious interference with prospective advantage.
(1973) An intentional, damaging intrusion on another's
potential business relationship, such as the opportunity
ofobtaining customers or employment. -Also termed
interference with a business relationship; tortious inter
ference with a business advantage; tortious interference
with economic relations. [Cases: Torts (;::=>213.]
tortious liability. See LIABILITY.
tort-of-another doctrine. Torts. The principle that a
party who must bring or defend an action against a
third person based on a tort committed by another
person is entitled to seek litigation-related damages
from that other person. [Cases: Damages
tort reform. (1974) A movement to reduce the amount of
tort litigation, usu. involving legislation that restricts
tort remedies or that caps damages awards (esp. for
punitive damages) . Advocates of tort reform argue
that it lowers insurance and healthcare costs and
prevents windfalls, while opponents contend that it
denies plaintiffs the recovery they deserve for their
injuries


prevents windfalls, while opponents contend that it
denies plaintiffs the recovery they deserve for their
injuries.
torture, Yl. (16c) The intliction ofintense pain to the body
or mind to punish, to extract a confession or informa
tion, or to obtain sadistic pleasure. -torture, vb.
"By torture I mean the Infliction of physically founded suf
fering or the threat immediately to inflict it, where such
infliction or threat is intended to elicit, or such infliction is
incidental to means adopted to elicit, matter of intelligence
or forensiC proof and the motive is one of military, civil, or
eccleSiastical interest." James Heath, Torture and English
Law3 (1982).
torture by proxy. See extraordinary rendition under
RENDITION.
torture flight. See extraordinary rendition under REN
DITION.
total, adj. (14c) 1. Whole; not divided; full; complete. 2.
Utter; absolute.

total assignment. See ASSIGNMENT (2).
total breach. See BREACH OF CONTRACT.
total disability. See DISABILITY (2).
total-disability insurance. See general-disability insur
ance under INSURANCE.
total eviction. See EVICTION.
total failure ofconsideration. See FAILURE OF CONSID
ERATION.
total incorporation. See INCORPORATION.
totality-of-the-circumstances test. (1959) Criminal pro
cedure. A standard for determining whether hearsay
(such as an informant's tip) is sufficiently reliable to
establish probable cause for an arrest or search warrant.
 Under this test -which replaced Aguilar-Spinelli's
two-pronged approach -the reliability ofthe hearsay is
weighed by focusing on the entire situation as described
in the probable-cause affidavit, and not on anyone
specific factor. Illinois v. Gates, 462 U.S. 213, 103 S.Ct.
2317 (1983). Cf. AGUILAR-SPINELLI TEST. [Cases: Arrest
(;=J63.4(7); Searches and Seizures (;=J 115.1.]
total loss. See LOSS.
total-offset rule. Torts. A theory of damages holding
that the eroding effect of inflation offsets the accrual
of interest on an award and makes it unnecessary to
discount future damages to their present value. [Cases:
Damages (;=J226.]
total repudiation. See REPUDIATION.
tota re perspecta (toh-t;J ree p;Jr-spek-t;J). [Latin] Hist.
The whole matter being taken into account or consid
ered. -Also termed tota materia perspecta.
totidem verbis. [Latin] In so many words.
toties quoties (toh-shee-eez kwoh-shee-eez or toh-sheez
kwoh-sheez). [Latin] Hist. As often as.
toto caelo (toh-toh see-Ioh), adv. [Latin "by the whole
extent ofthe heavens"] As far as possible; diametrically
<the parties differ with each other toto caelo>.
toto genere (toh-toh jen-;J-ree). [Latin] Hist. In their
whole character; entirely.
Totten trust. See TRUST.
touch, vb. Marine insurance. To stop at a port, usu. for a
brief period. [Cases: Insurance (;=J3059.]
touch and stay. Marine insurance. A right, granted by
an insurer to an insured vessel, to stop and remain at
certain designated points in the course of the voyage.
 A vessel that has the power to touch and stay at a
place must confine itself strictly to the terms ofthe per
mission given, and any deviation during a stay -for
example, by shipping or landing goods -will discharge
the underwriters, unless the vessel has permission to
trade as well as to touch and stay. [Cases: Insurance
(;=J3059.]
Touhy regulations. The rules governing procedures for
document production by federal agencies for purposes
of litigation. 28 C.P.R. 16.21 et seq . The term comes
from United States ex reI. Touhy v. Ragen, 340 U.S. 462, 71 S.Ct. 416 (1951). In that case, an FBI agent refused
to produce certain records under a subpoena duces
tecum because a departmental regulation expressly
stated that the Attorney General was the only person
with authority to produce the documents. The United
States Supreme Court upheld the regulation's validity.
[Cases: Witnesses (;=J 16.]
tout court (too koor), adv. [French "simply, without qual
ification"] Very briefly; without explanation.
tout ensemble (toot on-son-bl;J), n. [French "all together"]
The overall visual effect of a design; general effect .
The phrase denotes a way of comparing two designs,
by looking at the total impact rather than comparing
individual design elements. That is the technique used
in determining whether a design infringes someone's
trade-dress rights, or if a design-patent application
shows a novel and nonobvious change from existing
designs. Although the phrase is adverbial in French,
it is typically used as a noun in English. See ANTIDIS
SECTION RULE.
touting, n. The solicitation ofbusiness by highly recom
mending a security or product, esp. when the recom
mendation's basis is largely puffery.
tout temps prist et encore prist. [Law French] Common
law pleading. The clause in a plea of tender stating that
the pleader is and always has been ready to pay. See
PLEA OF TENDER.
towage (toh-ij), n. 1. The act or service of towing ships
and vessels, usu. by means ofa small vessel called a tug.
[Cases: Towage (;=J 1.] 2. The charge for such a service.
[Cases: Towage (;=J5.]
toward, adj. 1. In the direction of; on a course or line
leading to (some place or something). 2. Coming soon;
not long before.
to wit (too wit), adv. (14c) Archaic. That is to say; namely
<the district attorney amended the complaint to
include embezzlement, to wit, "stealing money that the
company had entrusted to the accused ">. -Sometimes
spelled to-wit; towit.
town. 1. A center of population that is larger and more
fully developed than a village, but that (traditionally
speaking) is not incorporated as a city. [Cases: Towns
(;=J 1.] 2. The territory within which this population
lives. 3. Collectively, the people who live within this
territory. Cf. CITY.
"A town is a precinct anciently containing ten families,
whereupon in some countries they are called tithings,
within one of which tithings every man must be dwelling,
and find sureties for his good behaviour, else he that taketh
him into his house is to be amerced in the leet." Sir Henry
Finch, Law, or a Discourse Thereof 80 (1759).
town-bonding act. A law authorizing a town, county,
or other municipal corporation to issue its corporate
bonds for the purpose ofaiding in construction, often
ofrailroads. -Also termed town-bonding law. [Cases:
Towns (;=J52.]
town clerk. See CLERK (1).

1629 trade deficit
town collector. A town officer charged with collecting
the taxes assessed by a town. [Cases: Towns C=>59.]
town commissioner. See COMMISSIONER.
town crier. Hist. A town officer responsible for making
proclamations related to town business.
town hall. A building that houses the offices ofa town's
government. [Cases: Towns (;::'35.]
townhouse. A dwelling unit having usu. two or three
stories and often connected to a similar structure by
a common wall and (particularly in a planned-unit
development) sharing and owning in common the sur
rounding grounds. -Also termed townhome.
town meeting. 1. A legal meeting of a town's qualified
voters for the administration of local government
or the enactment of legislation . Town meetings of
this type are common in some New England states.
[Cases: Towns 2. More generally, any assembly
ofa town's citizens for the purpose of discussing politi
cal, economic, or social issues. 3. Modernlv, a televised
event in which one or more politicians m'eet and talk
with representative citizens about current issues.
town order. An official written direction by the auditing
officers ofa town, directing the treasurer to pay a sum
ofmoney. -Also termed town warrant. [Cases: Towns
~';>50.1
town purpose. A municipal project or expenditure that
concerns the welfare and advantage of the town as a
whole. [Cases: Towns 046(1).]
township. 1. In a government survey, a square tract six
miles on each side, containing thirty-six square miles
ofland. 2. In some states, a civil and political subdivi
sion of a county. Abbr. tp. [Cases: Municipal Cor
porations (;::'6.]
township trustee. See TRUSTEE (1).
townsite. A portion of the public domain segregated by
proper authority and procedure as the site for a town.
town treasurer. An officer responsible for maintaining
and disbursing town funds. [Cases: Towns e:.Y 30.]
town warrant. See TOWN ORDER.
toxic, adj. Having the character or producing the effects
of a poison; produced by or resulting from a poison;
poisonous. -Also termed toxical. [Cases: Environ
mental Law C=:>413.]
toxicant (tok-si-bnt), n. (1879) A pOison; a toxic agent;
any substance capable of producing toxication or poi
soning.
toxic asset. See troubled asset under ASSET.
toxicate, vb. Archaic. To poison. See INTOXICATION.
toxic convert. See DEATH-SPIRAL DEAL.
toxicology (tok-si-kol-a-jee). (18c) The branch of
medicine that concerns poisons, their effects, their
recognition, their antidotes, and generally the diag
nosis and therapeutics of poisoning; the science of
poisons. -toxicological (tok-si-ka-loj-i-k.,J), adj.
toxic tort. See TORT. toxic waste. See WASTE (2).
toxin, n. (1886) 1. Broadly, any pOison or toxicant. 2. As
used in pathology and medical jurisprudence, any dif
fusible alkaloidal substance -such as the ptomaines,
abrin, brucin, or serpent venoms and esp. the poi
sonous products ofdisease-producing bacteria.
tp. abbr. TOWNSHIP.
TPL. abbr. Third-party logistical service provider. See
FREIGHT FORWARDER.
TPPM. abbr. TANGIBLE-PERSONAL-PROPERTY MEMO
RANDUM.
TPR. abbr. TERMINATION OF PARENTAL RIGHTS.
traces, n. See retrospectant evidence under EVIDENCE.
tracing, n. (16c) 1. The process of tracking property's
ownership or characteristics from the time ofits origin
to the present <tracing the vehicle's history> . Parties
in a divorce will be expected to trace the origins of
property in existence at the time ofmarital dissolution
in order to characterize each asset as separate or marital
property (or as community property in some states).
Also termed tracing offunds; tracing ofproperty. Cf.
COMMI::-<GLE. 2. 'Ihe act of discovering and follOWing
a person's actions or movements <tracing the robber's
steps>.
tract. (14c) A specified parcel ofland <a 40-acre tract>.
tract index. See INDEX (1).
tractusfuturi temporis (trak-tJs fyoo-t[y]oor-I tern-pd
ris). [Latin] Hist. A tract offuture time.
trade, n. (14c) 1. The business of buying and selling or
bartering goods or services; COMMERCE.
inland trade. Trade wholly carried on within a country,
as distinguished from foreign commerce.
precarious trade. Int'llaw. Trade by a neutral country
between two belligerent powers, allowed to exist at
the latter's sufferance.
2. A transaction or swap. 3. A business or industry
occupation; a craft or profession. -trade, vb.
trade acceptance. See ACCEPTANCE (4).
trade agreement. 1. An agreement such as the North
American Free Trade Agreement between two or
more nations concerning the buying and selling of
each nation's goods. [Cases: Customs Duties 10.]
2. COLLECTIVE-BARGAINING AGREEMENT.
trade and commerce. Every business occupation carried
on for subsistence or profit and involving the elements
of bargain and sale, barter, exchange, or traffic.
Trade and Development Program. See UNITED STATES
TRADE AND DEVELOPMENT AGENCY.
trade association. See ASSOCIATION.
trade council. A central labor union; the central orga
nization ofa local trade union. -Also termed trades
council. See UNION.
trade defamation. See DEFAMATION.
trade deficit. See DEFICIT.

1630 trade discount
trade discount. See DISCOUNT.
trade disparagement. The common-law tort ofbelittling
someone's business, goods, or services with a remark
that is false or misleading but not necessarily defama
tory. To succeed at the action, a plaintiff must prove
that (1) the defendant made the disparaging remark;
(2) the defendant either intended to injure the business,
knew the statement was false, or recklessly disregarded
whether it was true; and (3) the statement resulted in
special damages to the plaintiff, usu. by passing off.
Also termed commercial disparagement; product dis
paragement; injurious false