Glossary Law
There are 10 names in this directory beginning with the letter T.
Tainted evidence
In a criminal trial, information which has been obtained by illegal means or has been traced through evidence acquired by illegal search and/or seizure. This evidence is called “fruit of the poisonous tree” and is not admissible in court.
Temporary injunction
A court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.
Temporary insanity
In a criminal prosecution, a defense by the accused that he/she was briefly insane at the time the crime was committed and therefore was incapable of knowing the nature of his/her alleged criminal act.
Testify
To give oral evidence under oath in answer to questions posed by attorneys either at trial or at a deposition (testimony under oath outside of court), with the opportunity for opposing attorneys to cross-examine the witness in regard to answers given.
Testimony
Oral evidence given under oath by a witness in answer to questions posed by attorneys at trial or at a deposition (questioning under oath outside of court).
Time is of the essence
A phrase often used in contracts which in effect says: the specified time and dates in this agreement are vital and thus mandatory, and “we mean it.” therefore any delay-reasonable or not, slight or not-will be grounds for cancelling the agreement.
Time served
The period a criminal defendant has been in jail, often while awaiting bail or awaiting trial. Often a judge will give a defendant “credit for time served,” particularly when sentencing for misdemeanors.
Tools of trade
In bankruptcy law, the equipment a person requires in order to pursue his occupation, which is exempt from claims of creditors.
Trial
The examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction).
Tribunal
Any court, judicial body or board which has quasi-judicial functions, such as a public utilities board which sets rates or a planning commission which can allow variances from zoning regulations.