tacit implied.
tainted evidence evidence that cannot be relied upon because of its questionable source, based on the fruit of the poisonous tree doctrine.
taking the Fifth pleading the Fifth Amendment right not to provide evidence that will incriminate oneself.
testify to give statements while under oath in a court proceeding.
testimony statements or evidence given by a witness while under oath.
tort any wrongful act, damage, or injury associated with a breach of lawful social behavior as opposed to a breach of a contract.
tortfeasor one who commits a tort.
transcript a certified, written record of what occurred and what was said in a court proceeding.
trial, bench a trial with a judge but no jury.
unclean hands see clean hands.
usury an excessive or illegal rate of interest on a loan.
verdict, false a verdict unsupported by the facts.
vicarious liability the liability of an employer for the actions of an employee while conducting the duties of his job. Also known as respondent superior. vice crimes immoral indulgences such as gambling, prostitution, and pornography.
vicinage an area of neighborhood where a crime was committed or where jurors are called from.
vis major a greater force, referring to an act of God or an act of nature.
voice exemplar a tape recording of a person's voice used as identification in a court proceeding.
voir dire examination an evaluation and a qualifying of prospective jurors.
volenti non fit injuria the volunteer suffers no wrong. In tort law, any person willingly engaging in an activity cannot collect damages if that activity causes injury.
wanton grossly negligent.
warrant a court order issued to have someone arrested.
writ a court order issued to compel someone to carry out some activity or to stop them from carrying out some activity.
writ of execution the court's enforcing of a judgment by levying the judgment debtor's property.
PROBATE LAW
advancement an advance granted to a child from a living parent's will.
bequeath the giving of a gift of personal property in a will.
bequest a gift of personal property.
causa mortis the law that states that a gift given in anticipation of death is void if the giver survives.
disinherit to cancel or terminate another's inheritance.
forced heirs heirs who cannot be disinherited, such as a spouse and children.
holographic will a will written, dated, and signed by the testator himself.
in extremis most often referring to the writing of a will when death is impending, but also referring to any contract written under "extreme circumstances" that could possibly alter the interpretation of that contract.
intestate one who has died without drawing up a will.
legacy bequest.
nuncupative will a dying declaration or oral will given by an ill person incapable of drawing up a formal will.
probate a proceeding in which the elements of a will are authenticated and found legal.
probate court a court that deals with the probate of wills.
testacy leaving a valid will upon death. testator one who makes a will.
PROPERTY AND REAL ESTATE LAW
abandonment the relinquishing of rights or property by one person to another.
appurtenant an easement, covenant, or other burden attached to a property.
burden any restriction limiting the use of one's land, such as restrictive zoning or a covenant.
chattel personal property; movable property or belongings, as distinguished from real estate.
clear title a title without encumbrances or limitations that would make legality questionable.
cloud on title any problem with a title to real estate that impairs or defeats clear title.
community property property acquired by the combined efforts of husband and wife during their marriage.
conservator a person appointed by the court to care for property owned by one deemed incapable of managing the property.
covenant a binding agreement to do or not to do something, often incidental to a deed.
covenantee the person a covenant is intended for.
covenantor the person who makes a covenant.
easement the granted right to use another person's land.
eminent domain the right of the state to take private land for public use.
encumbrance any burden, such as an easement, covenant, or lien on the title of a property.
en ventre sa mere the law of property providing that an unborn child or fetus has the same rights as one who has already been born.
postnuptial agreement an agreement entered into by a husband and wife that determines how assets will be distributed in the event of death or divorce.
prenuptial agreement an agreement entered into by a couple intending to marry that determines how assets will be distributed in the event of divorce or death.
property settlement a division of property between a divorcing husband and wife.
real property land, including any buildings thereon.
run with the land covenants and their passing of burdens or benefits on to succeeding owners of the property, even though they didn't originally contract for them.
subdivision a dividing of land into separate parcels.
tenancy-at-will an agreement between landlord and tenant that works as a kind of open-ended lease in which tenancy may be terminated at any time upon 30-day written notice by either party.
title proof of ownership or possession of property.
title search a search through public records to establish ownership of a property and any liens, encumbrances, and so on, on that property.
abracadabra originally, a magic word derived from the name of the gnostic deity Abraxas. When chanted or worn around the neck in the form of letters arranged in a pyramid, it was thought to prevent illness or cure a fever.
abraun a talisman made of wood or mandrake, carved into the shape of a human and dressed; used to protect the home from evil.
absent healing a form of faith healing in which healing powers are mentally projected to a remote person who is ill.
adept one who is highly accomplished in the magical fields.
aeromancy divination by reading objects in the sky, such as clouds or comets.
agent one who is the subject or focus of a haunting, or who may unwittingly cause a haunting.
akasha a mystical fifth element.
akashic record the memory of all of human history, including thoughts and events, stored in the astral plane.
alchemist one who practices alchemy.
alchemy the ancient pseudoscience of turning base metals—by chemical and spiritual means—into gold or silver. Also, the search for an elixir for human immortality.