Law Dictionary

Three form a corporation. Dig. 60. 16. 85; 1 Bl. Comm. 469.

I. fr. Treasure. Tresor mnsce en terre trove: treasure found hidden in the earth. Tresor musce en terre et trove: treasure hidden in the earth and found.

I. fr. In old English law. A treasurer.

Treasure-trove, which see.

Any misfeasance or act of one man, whereby another is injuriously treated or damnified. 3 Bl. Comm. 208; 7 Conn. 125. Any unlawful act committed with violence, actual or implied, t

where one enters the premises of another under authority of law, his subsequent misconduct while there taints the entry from the beginning with illegality. This fiction, obviously

I. fr. Passing over; a passer by; a passenger.

A common-law action for taking and carrying away the goods of another. See 18 Or. 178, 22 Pac. 601.

An action of trespass for the abduction of the plaintiff's wife.

One who does an unlawful act, or a lawful act in an unlawful manner, to the injury of the person or property of another.

A person who commits a trespass. Trespasser ab initio: a trespasser from the beginning, or from the first act, — applied to

not doing a thing cannot make a party a trespasser ab initio, because not doing is no trespass

Trespasser from the beginning. A term applied to a tort-feasor whose acts relate back so as to make a previous act, at the time innocent, unlawful; as, if he enter peaceably, and s

A form of action, supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has unlawfully received during the time of his oc

See Action on the case .

See Per quod consortium amisit .

See Per quod servitium amisit .

Same as Trespass quare clausum fregit.

"Trespass wherefore he broke the close." The common-law action for damages for an unlawful entry or trespass upon the plaintiff's land. In the Latin form of the writ, the defendant

A common-law action for interference with one’s possession of real property. See 92 Me. 214, 42 Atl. 394.

An action authorized in a few states by statutes allowing title to be tried in trespass q. c. f. The nature and scope of the action differs with the various statutes. In South Caro

An action for injury committed by the direct application of force to one’s person or property. See 70 Fed. (U. S.) 967.

To turn or divert another way. Cowell.

Lat. In Roman law. Officers who had the charge of prisons, and the execution of condemned criminals. Calvin

An allowance made for the water or dust that may be mixed with any commodity. It differs from "tare."

In old English law. A trithing; the court of a trithing.

(L. Fr.) In old English law. Drawn; dragged to the scaffold.

Withdrawn, as a juror. Written also "treat." Cowell.

Within the court’s jurisdiction.

In the Roman law, were oivitae, libertas, and familia, i. e., citizenship, freedom, and family rights. See "Caput;" "Status."

The basic purpose of a trial is the determination of truth

Same as Trial de novo.

Trial before all the judges at the bar of the court in which the suit is brought. Steph. PI. 84. Seldom used except in cases of great importance.

In practice. The ordinary kind of trial which takes place at the sittings, assizes, or circuit, before a single judge. 2 Tidd, Pr. 751, 819.

Trial before a justice of assize; the usual method of trial. 3 Bl. Comm. 353.

See Nisi prius .

a trial by arbitrators, appointed by the court with the consent of both parties, is one of the modes of prosecuting a suit to judgment as well established and as fully warranted by

A sort of trial by physical combat between the parties which could be resorted to in appeals of felony. See Appeal of felony .

A form of trial which was allowed where the evidence of the person certifying was the only proper criterion of the point in dispute. See 3 Bl. Comm. 333.

See Fire ordeal .

A trial by a jury or grand assize of sixteen knights, which a defendant could elect in lieu of a trial by battel. See 3 Bl. Comm. 351.

A trial by the judges, without a jury, of some single matter obvious to sight. See 23 Hun (N. Y), 154.

a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute. — Trial by jury . A trial in which the issues of fact are to

That it means a trial by jury as understood and applied at common law, and includes all the essential elements as they were recognized in this country and England when the Constitu

See Ordeal .

A proceeding whereby the defendant undertakes to bring a cause to trial on the failure of the plaintiff to do so.

See Purgation .

The trial of an issue arising on the record, without a jury and without taking testimony.

ing collaterally out of it, but being

See Fire ordeal .

A form of trini resorted to where issue is taken upon a plea of nul tiel record, in which case the party asserting the existence of a reconi as pleaded is bound to produce it in co

This was a species of trial introduced into England, among other Norman customs, by William the Co.nqueror, in which the person aceused fought with his accuser, under the apprehens

In old English law. A method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators

See Hot-water ordeal .

The name "trini per testes" has been used for a trial without the intervention of a jury, is the only method of trial known to the civil law, and is adopted by deposition in chance

A new trial or retrial had in an appellate court in which the whole case is gone into as if no trial wbatever had been had in the court below. See Karcher v. Green, 8 Houst. (Del.)

a proceeding "in which the whole case is gone into as if no trial whatever had been had" in the initial tri- bunal.

The term “trial franchise” means any franchise— (A) which is entered into on or after June 19, 1978; (B) the franchisee of which has not previously been a party to a franchise with

A species of trial adopted for determining the existence or non-existence of a reconi. When a record is asserted bv one party to exist, and the opposite party denies its existence

The judge conducting a jury trial in a federal court is 'not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct

A jury, usually of twelve men, impaneled to try questions of fact submitted to them by the court and to render their verdict thereon.

A list of cases marked down for trial for any one term.

For purposes of this section, the term “trial period” means, with respect to a PACE program operated by a PACE provider under a PACE program agreement, the first 3 contract years u

A jury trial.

See Trial per testes .

A trial before a judge without a jury.

The mode of conducting trials, the order of introducing evidence, and the times when it is to be introduced, are, properly, matters belonging to the practice of the Circuit Courts,

Admiralty actions involving nautical questions, e. a., actions of collision, are generally tried in England before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 17

Lat. And of this he puU himself upon the country. The old conclusion of a plea in bar by way of traverse. Literally translated in the modem forms. See Conelusiofi to the country. E

To try.

A trial.

ubi juratores meliorem possunt habere notltlam. Trial ought always to be had where the jurors can have the best information. 7 Coke, 1.

Trial ought always to be had where the jurors can have the best information. 7 Coke, 1.

A trial ought always to be had, where the jurors can have the better knowledge.

The term "tribal" has the meaning given the term "Indian tribe" in section 5304 of title 25. / The term "Indian tribe", "tribe", or "tr

the term “Tribal business concern” means a Tribal business concern described in section 657a(b)(2)(C) of this title .

The term "tribal coalition" means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that— (A) p

The term “Tribal college” has the meaning given the term “tribally controlled college or university” in section 1801(a) of title 25 . / The term “tribal college” has the meaning gi

The term "Tribal College or University" has the meaning given that term in section 1059c(b) of title 20. / The term “Tribal College or University” has the meaning given t

The term "Tribal community" means a community of people who are recognized and defined under Federal law as indigenous people of the United States.

under Title IV of the Civil Rights Act of 1968, 'the tribal consent that is prerequisite to the assumption of state jurisdiction...must be manifested by majority vote of the enroll

the term “Tribal Council” means the governing body of the tribe as recognized by the Texas Indian Commission on August 18, 1987, and such tribal council's successors; and / the ter

“tribal court” means a court with jurisdiction over child custody proceedings and which is either a Court of Indian Offenses, a court established and operated under the code or cus

The term “tribal court”, “tribal court system”, or “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited t

For purposes of this section, the term “tribal economic development bond” means any bond issued by an Indian tribal government— (i) the interest on which would be exempt from tax u

“tribal education agency” means a school or community college which is controlled by an Indian tribe, band, or nation, including any Alaska Native village, which is recognized as e

The term "tribal educational agency" means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students' ele

The term “tribal elementary or secondary educational programs” means all Bureau elementary and secondary functions, together with any other Bureau programs or portions of programs

The term "tribal energy development organization" means— (A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged

The term "Tribal enterprise" means a commercial activity or business managed or controlled by an Indian Tribe.

The term “Tribal entity” includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as s

The term “tribal governing body” means the duly elected governing body of a covered Indian tribe. / The term “tribal governing body” means, with respect to any school, the tribal g

The term “tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as

The term "tribal health program" means an Indian tribe or tribal organization that operates any health program, service, function, activity, or facility funded, in whole

The terms “tribal health programs” and “Urban Indian organizations” have the meanings given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).

“tribal integrated resource management plan” means a document, approved by an Indian tribe and the Secretary, which provides coordination for the comprehensive management of such t

1 The term “tribal justice official” means— (A) a tribal prosecutor; (B) a tribal law enforcement officer; or (C) any other person responsible for investigating or prosecuting an a

The term “tribal justice system” means the entire judicial branch, and employees thereof, of an Indian tribe, including (but not limited to) traditional methods and forums for disp

a distinct estate consisting of the minerals carved out of allotted land by reservation in trust patents; this estate is in itself land, and, being reserved for the benefit of the

“Tribal lands” means— (A) all lands within the exterior boundaries of any Indian reservation; and (B) all dependent Indian communities. / Tribal lands.—The term "tribal lands&