Glossary
of legal terms - T
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take
home pay
The
amount of one's paycheck -after certain
required deductions (such as taxes)
are taken out of the "gross" pay.

tax
evasion
The
intentional defrauding of the government
of taxes legally owed. Evasion is
distinguished from the lawful interpretation
of tax rules which can be challenged
by either the government or the taxpayer.

tenacy
by the eternity
A
form of joint tenancy, available only
to married couples, by which the death
of one spouse causes that spouse's
interest in the property to be transferred
automatically to the surviving spouse.

tenacy
in common
A
form of owning property by more than
one person, in which each person owns
an undivided interest in the whole
property. Unlike joint tenancy, the
interests do not have to be equal,
and upon the death of a tenant in
common, his or her interest does not
pass automatically to the co-tenants,
but is disposed of in the same way
as all other property.

tenant
Some
who enters into occupation of property
with the permission of the owner.

tenant
association
Another
name for a tenant union.

tenant
at sufferance
A
person who entered into occupancy
of property with the landlord's permission
but now occupies it illegally (e.g.,
because the lease has expired).

tenant
at will
A
person who occupies property with
the landlord's permission with no
clear agreement as to how long the
tenant may stay. The law will usually
allow either party to terminate a
tenancy at will on 30 days written
notice.

tenant
union
A
group of tenants who organize in order
to further their common interests
as tenants.

termination
A
general term ending an employee's
employment. Also known as "discharge".

testify
To
give testimony in a court of law under
oath in a criminal proceeding. The
witness testifies under penalty of
perjury. A witness is subject to direct
and cross-examination by the prosecutor
and defense lawyer.

testimony
The
answering of questions or making of
statements in a court of law under
oath in a criminal proceeding. The
witness testifies under penalty of
perjury. A witness is subject to direct
and cross-examination by the prosecutor
and defense lawyer.

theft
Crimes
of larceny. Larceny is the unlawful
and intentional taking of another
persons property with the intent
to deprive that person of said property
permanently. Larceny can be done by
fraud, force or threat of force. In
many states, the value of the property
will dictate whether the crime will
be charged as grand theft or petty
theft.

three
strikes
Many
states have enacted laws which make
life terms mandatory for offenders
who have been convicted of three or
more dangerous felonies. The societal
goal behind "three strike laws"
is to stamp out the presence of violent
repeat offenders.

time
rule
A
formula for determining the portion
of an employee's pension that is community
property, based upon the number of
years of work divided by the number
of years married. For example, if
a person earned a pension after working
20 years but was married for only
10 of those years, the community interest
in the pension is 10/20 - or 50%.
The other 50% is the separate property
of the employed spouse.

time
served
That
length of time the criminal defendant
has been in jail while awaiting trial.
Often a judge will give a defendant
credit for the "waiting time"
served when sentencing.

title
Ownership
of property as shown by the name on
an appropriate document. Title to
property may be held by either spouse,
by both spouses, or by a spouse and
other individuals. Titled property
can be both real (land, a house) or
personal (stock certificates, bank
accounts, etc.).

Title
VII
The
section of the federal Civil Rights
Act of 1964 that prohibits certain
types of discrimination in the workplace,
such as racial or national origin
discrimination. Title VII applies
to employers with 15 or more employees.

tools
of the trade
Property
a debtor needs to perform his or her
job. A portion of tools of the trade
is exempt property and may be retained
by a debtor who files bankruptcy.

tort
A
civil wrong which injures another
- for example, an automobile accident
where one of the drivers is negligent.

total
loss
A
vehicle is declared a total loss if
the cost of repairing the vehicle
is greater than the value of the vehicle.

tracing
The
method of determining whether property
possessed at the time of the divorce
was purchased with marital or non-marital
property.

trade
secret
Confidential
company information that an employee
knows about only because the employee
worked for the employer. For information
to be a "trade secret," the employer
must make sure that the information
doesn't become generally available
to the public.

transmutation
Changing,
by agreement, the nature of property
owned by spouses. Separate property
of one spouse might be "transmuted"
into separate property of the other
or into community property, and community
property might "transmuted" into the
separate property of either spouse.

trial
The
formal judicial proceeding by which
a person is judged guilty or not guilty.
The proceeding is guided by rules
of evidence and procedure to safeguard
against unfair prejudice. All issues
surrounding rules and procedure are
decided by the judge exclusively.
A jury decides all questions of fact.
Sometimes, in court trials without
a jury the judge is both the finder
of fact and law.

trespasser
A
person who enters upon property without
the permission of the person who is
entitled to possession. (A landlord
who enters a tenant's apartment without
permission of the tenant or authority
of state law is a trespasser.)

trustee
The
person in charge of a bankruptcy.
In an ordinary Chapter 7 bankruptcy,
the trustee's duty is to gather and
sell the debtor's non-exempt property
and divide the sales proceeds among
creditors. In a Chapter 13 wage earner's
plan, the trustee's duty is to make
the payments to creditors as specified
in the plan.

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