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Glossary of Personal Injury Law Terms

There are 1274 entries in this glossary.
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Term Definition
Taft-Hartley

The name of an American federal labor law which was passed in 1947, and which sought to "equalize legal responsibilities of labor organizations and employers". An earlier law, called the Wagner Act, was aimed primarily at employer behavior and, it was felt, may have gone too far in protecting union rights. To balance that, the Taft-Hartley was aimed at unions and sought to restrain their activities under certain circumstances, by detailing union rights and duties. For example, the Taft-Hartley Act exempted supervisors from its provisions, allowed employees to decline participation in union activities and permitted union decertification petitions.

Tamper

To interfere improperly or in violation of the law. One example is "jury tampering", which 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.

Tangible Personal Property Memorandum (T

A legal document that is referred to in a will and used to guide the distribution of tangible personal property.

Tasmar

A drug used to treat patients with Parkinson´s disease. There have been reports of fatal liver injury associated with use of Tasmar.

Technical Errors

Errors committed during a trial that have not prejudiced the losing party´s rights and therefore are not grounds for reversal on appeal.

Temporary disability

Payments received if you lose wages because your injury prevents you from doing your usual job while recovering.

Temporary partial disability benefits

Payments you receive if you can do some work while recovering, but you will earn less in wages.

Temporary Relief

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order

A judge´s order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Temporary total disability benefits

Payments you get if you cannot work at all while recovering physician.

Tenancy by the entireties

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.

Tenant

An ancient term derived from "tenure", the feudal system under which land ownership was granted to someone by their lord. Today, a tenant is one who is granted temporary and exclusive use of land or a part of a building by a landlord, usually in exchange for rent. The contract for this type of legal arrangement is called a lease

Tenants in common

Unity of possession but distinct titles. Similar to joint tenants (which see). All tenants in common share equal property rights except that each tenant can dispose of his share separately. For instance, 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.

Tender

In law, an unconditional offer by a party to a contract to perform their part of the bargain. In a loan contract, a tender would be an act of the debtor producing the amount owing and offering it to the creditor. In real property law, either party can write a tender; the seller to reassert the intention to respect the contract and tender the title, or the buyer, offering to tender the purchase price immediately.

Tenement

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. Popularly, it has come to mean a run-down piece of rental property.

Tenure

Originally, 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. Today it is 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 behavior."

Terminal Illness

A medical condition which is expected to result in a person´s death within six (6) months; no recovery expected.

Testamentary Capacity

The legal ability to make a will.

Testamentary Trust

A trust set up by a will.

Testator

Person who makes a will (female: testatrix).

Testimony

Evidence delivered by a witness at trial either orally at trial or in the written form of an affidavit or deposition.

Thalidomide

A medicine that was used as a sleep aid and for treatment of morning sickness during pregnancy. It was later discovered that thalidomide causes birth defects and fetal death.

Thimerosal

A preservative that was used in many vaccines. It is suspected that an ingredient in Thimerosal may cause mercury poisoining.

Third Party

A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction.

Third Party Benefit

In insurance law, third party benefits refer to the amount of available coverage that the at-fault party has in bodily injury and property damage.

Third Party Lawsuit

In workers´ compensation law, when an injury is caused by the act or failure to act of a party other than the employer, that party is the ´third party,´ and the injured worker may file a lawsuit against that party. An example of a third party lawsuit in workplace injury would be a products liability suit against the manufacturer of a defective tool. When a lawsuit is brought against a defendant and that defendant wants to add another party to the suit, the original defendant may file a ?third party complaint? which results in a third party litigation or lawsuit.

Third-Party Claim

An action by the defendant that brings a third party into a lawsuit.

Thrombotic Stroke

Occurs when a blood clot forms in an artery and blocks blood flow to the brain.

Tipstaff

Court-appointed officer whose duty it is to serve the judge in a variety of ways while court is in session. See bailiff.

Title

Legal ownership of property, usually real property or automobiles.

Tort

A private wrong or harm committed against another, resulting in legal liability. A tort is either intentional or accidental. Automobile liability insurance is purchased to protect one from suits arising from unintentional torts.

Tort-feasor

Name given to a person or persons who have committed a tort.

Tortfeasor

One who commits a tort.

Tortious

Having the quality of a tort; the wrongdoer.

Total Disability

In a workers´ compensation case, this is the compensation paid when an injured employee is totally impaired due to a work-related injury. Benefits at the total disability rate are generally two-thirds of wages up to a maximum compensation rate

Tracing

The attempt, by a plaintiff, to reclaim certain specific property. This is a legal proceeding taken through the court under the law of equity. The property may be still in the first acquirer's hands or it may have passed on to others, and even have 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.

Transcript

Official written copy of proceedings in a case, including hearings, depositions, and trial. Usually made by a court reporter.

Transferee

A person who receives property being transferred (the person from whom the property is moving is the transferor).

Transferor

A person from whom property moves or is transferred. Property moves from the transferor to the transferor. The party selling is the transferor and transfers title to the transferee.

Traumatic Brain Injury

An insult to the brain caused by an external physical force that may produce a diminished or altered state of consciousness that results in an impairment of cognitive abilities or physical functioning and/or a disturbance of behavioral or emotional functioning.

Treasury bonds

Funds in the Social Security trust fund that are not used for paying current benefits and expenses are required by law to be invested in U.S. Treasury securities. These securities pay market-based interest to the trust funds.

Treaty

A formal agreement between two states signed by official representatives of each state. Some treaties are "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. Other treaties are just contracts between the signatories to conduct themselves in a certain way or to do a certain thing. These treaties are usually private, between two or a limited number of states and may be binding only through the International Court of Justice.

Trespass

Unlawful interference with another's person, property or rights. Theoretically, all torts are trespasses.

Trespasser

In civil law, a person who enters land without invitation, permission or privilege.

Trial

The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case

Trial Calendar

List maintained by the clerk of court or the trial judge of cases awaiting trial, which includes trial dates, names of attorneys representing parties, and other such information.

Trial Court

The first court to hear the case, as opposed to an appellate court which hears appeals of decisions made in trial courts.

Trover

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. The action of trover asked for damages in an amount equal to the replacement value of the property rather than the return of the property itself. English law replaced the action of trover with that of conversion in 1852.

Trust

A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.

Trust Agreement or Declaration

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trust funds

Accounts run by the Treasury Department that take in payments to the Social Security system, pay benefits and administer the program.

Trustee

The person or institution that manages the property put in trust.

Trustee de son tort

A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her intermeddling 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.

Trustees

The board of four government officials and two citizen representatives that manages the Social Security Trust Funds.

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