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Tamper
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To interfere improperly or in violation
of the law such as to tamper with a document. The term "jury tampering"
means to illegally disrupt the independence of a jury member with a view
to influencing that juror otherwise than by the production of evidence in
open court.
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Tariff |
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On imposing a life sentence, a judge is required to fix a minimum period
(the tariff) which must expire before the Parole Board will consider
whether it would be safe to release the offender on licence. |
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The starting point is the sentence the offender would receive if a life
sentence were not imposed. |
Tenancy by the entireties |
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A form of co-ownership in English law
where, when a husband transferred land to his wife, the property could not
be sold unless both spouses agreed nor could it be severed except by
ending the marriage.
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Tenant |
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A person to whom a
landlord grants temporary and exclusive
use of land or a part of a building, usually in exchange for
rent. The contract for this type of legal
arrangement is called a lease. The word
"tenant" originated under the feudal
system, referring to land "owners" who held their land on
tenure granted by a lord.
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Tenants
in common |
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Similar to
joints tenants. All tenants in common share equal property rights
except that, upon the death of a tenant in common, that share does not go
to the surviving tenants but is transferred to the estate of the deceased
tenant. Unity of possession but distinct titles.
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Tenement |
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Property that could be subject to
tenure under English land law; usually land, buildings or apartments. The
word is rarely used nowadays except to refer to
dominant or
servient tenements when
qualifying easements.
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Tenure |
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A right of holding or occupying land or
a position for a certain amount of time. The term was first used in the
English feudal land system, whereby
all land belonged to the king but was lent out to lords for a certain
period of time; the lord never owning, but having tenure in the land. Used
in modern law mostly to refer to a position a person occupies such as in
the expression "a judge holds tenure for life and on good behaviour."
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Legal Terms |
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2006 - 2007
Michaelmas - 2 October 2006 - 21 December 2006.
Hilary - 11 January 2007 - Wednesday 4 April 2007
Easter - 17 April 2007 - 25 May 2007*
Trinity - 5 June 2007 - 31 July 2007
Updates here |
Tesco Law or
Tesco's law. |
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A phrase first used in the national press
and picked up by the legal personnel to describe the Government's desire
to bring the law into the High Street by allowing solicitors and
accountants to band together and practice under the auspices of banks
building societies and retailers. |
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The phrase was enjoyed because it
conjured up the idea of obtaining legal advice from a retailer whilst
shopping, rather than using the services of a traditionally constituted
law firm. |
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Not to be confused with the website of Tesco at
http://www.tescolegalstore.com. |
Tenure |
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A right of holding or occupying land or
a position for a certain amount of time. The term was first used in the
English feudal land system, whereby
all land belonged to the king but was lent out to lords for a certain
period of time; the lord never owning, but having tenure in the land. |
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Used in modern law mostly to refer to a
position a person occupies such as in the expression "a judge holds tenure
for life and on good behaviour."
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Testamentary trust |
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A trust that is to
take effect only upon the death of the
settlor and is commonly found as part of a
will. Trusts which take effect during the life of
the settlor are called
inter vivos trusts.
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Testator or
testatrix (female) |
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A person who dies with a valid
will.
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Testimony |
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The verbal presentation of a
witness in a judicial proceeding.
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Theft |
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Theft Act 1968, s.1 (1) "A person is
guilty of theft if he dishonestly appropriates property belonging to
another with the intention of permanently depriving the other of it; and
thief and steal shall be construed accordingly.
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Time Immemorial |
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Time beyond legal memory.
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The formal beginning of English law is 3rd
September 1189 -the accession of Richard I, and the end of the reign of
Henry II the father of the Common Law. |
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Today, an ancient custom can have the force of law, such as
a right over land, if it can be shown to have existed since "time
immemorial" (now a lesser period).
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The Statute of Westminster in 1275 fixed 1189 as the
earliest date from which evidence in land disputes could be considered.
The Statute of Westminster was the product of Edward I (Known as Edward
the Law Giver, or Edward the English Justinian, or Edward Longshanks). |
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The longest period of a monarch had been
absent from the kingdom occurred with Richard I. |
Tithes
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Tithes The tenth part of an income
donated for religious purposes. Tithes were required by Mosaic law, which
demanded payment in kind from all agricultural produce. Church law also
required tithes to maintain churches and clergy. They were abolished in
Britain in 1936. |
Thole an
Assize |
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In Scotland, to undergo trial,
after which no further trial on the same charge may take place.
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Tomlin Order |
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In civil proceedings a sealed order by agreement.
Where proceedings
are to be stayed on agreed terms, except for the purpose of carrying into
effect the terms of the agreement in the schedule to the Order. |
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An example can be seen
here. |
Tort |
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Derived from the Latin word tortus,
which meant wrong. In French, "tort" means a wrong." Tort refers to that
body of the law that will allow an injured
person to obtain compensation from the person who caused the injury. |
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Every
person is expected to conduct himself or herself without injuring others.
When they do so, either intentionally or by
negligence, they can be required by a
court to pay money to the injured party ("damages"). |
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Tort also serves as a
deterrent by sending a message to the community as to what is unacceptable
conduct. The person who commits a tort is called a
tortfeasor.
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Tortfeasor |
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Name given to a person or persons who
have committed a tort.
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Tracing |
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A legal proceeding taken under the law
of equity where the claimant attempts to reclaim specific property,
through the court, whether the property is still in the first acquirer's
hands or it has passed onto others, and even if the property has been
converted (related common law terms:
conversion, trover
and detinue). This is a procedure frequently used by a trust beneficiary
to recover misappropriated trust property.
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Tracing
orders |
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It is possible to make a claim for the
return of fraudulently obtained assets on the basis that the claimant has
a “proprietary claim” to such assets; this can include the proceeds of
assets obtained by fraud. The prospects of succeeding on such an
application are based upon the claimant’s interest in the property or
proceeds. |
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A claimant can pursue both personal
claims against the fraudster and proprietary claims against the fraudster
and others, at the same time. |
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Tracing claims can be more effective
than personal claims as they can prevent the defendant from dealing with
the claimant’s money so that the defendant cannot use it until the
entitlement to the funds has been established even, for example, to pay
his reasonable expenses. |
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A defendant is also obliged to inform
the claimant what has happened to all the claimant’s money that has passed
through his hands i.e. not limited to the defendant’s current assets.
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Tracing rules are flexible – basic
principle is “just and convenient”. |
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A defence to a tracing claim exists if
the defendant received assets bona fide without notice, so that he takes
free of the claimant’s claims. |
Transferee |
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A person who receives property being
transferred (the person from whom the property is moving is the
transferor).
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Transferor |
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A person from whom property moves.
Property is transferred from the transferor to the transferor. I sell you
my house and in transferring title to you, I am the transferor and you,
the transferee.
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Treaty |
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A formal agreement between two
states signed by official representatives
of each state. A treaty may be "law-making" in that it is the declared
intention of the signatories to make or amend their internal laws to give
effect to the treaty.
The Berne
Convention is an example of such as treaty.
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Other treaties are just contracts
between the signatories to conduct themselves in a certain way or to do a
certain thing. These latter type of treaties are usually private to two or
a limited number of states and may be binding only through the
International Court of Justice.
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Treaty on European Union (TEU) |
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Treaty amending the EC Treaty, signed in 1992 and in force from 1 November
1993. The objective of the Treaty was to supplement the progress of the
internal market towards further European unity by means of political,
economic and monetary union, and the strengthening of the powers of the
European Parliament. |
Trespass |
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Unlawful interference with another's
person, property or rights. Theoretically, all torts
are trespasses.
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Tribunal |
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Bodies with judicial or quasi-judicial
functions set up by statute and existing outside the usual judicial
hierarchy of the Supreme Court and County Courts. e.g. Employment
Tribunals. They usually, but not necessarily, determine claims
between and individuals and a government department, a notable exception
being employment tribunals. |
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The reasons for tribunals were said by Lord
Pearce, in
Anisminic v Foreign Compensation Commission [1969], to be
"speed, cheapness and expert knowledge." |
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In most cases tribunals are chaired by a
barrister or solicitor appointed by the Queen via the Judicial
Appointments Commission and sit with lay representatives with special
interests. |
Trover |
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An old English and
common law legal proceeding against a
person who had found someone else's property and has converted that
property to their own purposes.
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The action of trover did not ask for the
return of the property but for damages in an amount equal to the
replacement value of the property. English law replaced the action of
trover with that of conversion in
1852.
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Trust |
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This is an arrangement under which
property is held by named people for someone else. Property
given by a person called the donor or settlor,
to a trustee, for the benefit of another person
(the beneficiary or donee). |
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The trustee
manages and administers the property, actual ownership is shared between
the trustee and the beneficiary and all the profits go to the
beneficiary. The word "fiduciary"
can be used to describe the responsibilities of the
trustee towards the beneficiary. |
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A will is a form of trust but trusts can be formed during the lifetime of
the settlor in which case it is called an inter vivos or living
trust.
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Turnbull warning |
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Evidence of visual identification is notoriously unreliable, yet favoured
by juries. When identification is in issue, the judge will issue a
“Turnbull warning” (from R v Turnbull [1977] QBD), a warning
to the jury about relying on identification and the reasons for the
warning. |
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Firstly, the warning will refer to the possibility that even a convincing
witness(es) may be mistaken. |
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Secondly the jury should test the evidence by examining such things as the
circumstances in which the identification came to be made. |
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How long did the witness have the accused under observation? |
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At what distance? |
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In what light? |
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Was the observation impeded in any way, as for example, by passing traffic
or a press of people? |
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Had the witness ever seen the accused before? |
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How often? |
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If only occasionally, had he any special reason for remembering the
accused? |
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How long elapsed between the original observation and the subsequent
identification to the police? |
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Was there any material discrepancy between the description of the accused
given to the police by the witness when first seen by them and his actual
appearance? Material discrepancies should be supplied to the
defendant. |
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Finally, recognition may be more reliable than identification of a
stranger but they should be reminded that mistakes can occur.
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More on identification guidelines
here. |
Trustee |
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This is a person who holds property
and looks after it on behalf of someone else. The person who holds
property rights for the benefit of another through the legal mechanism of
the trust. |
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A trustee usually has full management and
administration rights over the property but these rights must always be
exercised to the full advantage of the
beneficiary. All profits from the property go to the beneficiary
although the trustee is entitled to reimbursement for administrative
costs. |
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There is no legal impediment for a
trustee also to be a beneficiary of the same property. |
Trustee de son tort |
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A trustee "of his own wrong"; a person
who is not a regularly appointed trustee but
because of his or her inter meddling with the trust
and the exercise of some control over the trust
property, can be held by a court as "constructive" trustee which entails
liability for losses to the trust. |
Type Approval
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Procedure by which a member state certifies that a type of good satisfies
the technical requirements established by EU legislation with the
consequence that all models of that type of good are deemed to satisfy
those requirements. |
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