Law Dictionary

t In the civil laiv. A territory or district; the territorial limits of a government; the extent or limits of the jurisdiction of a court

The state of the mind which arises from an event or phenomenon that may serve as a prognostic of some catastrophe; affright from apparent danger. See Riot; Robbery; Putting in Fear

The term “terrorism” means any activity that— (A) involves an act that— (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (

the term "terrorism information" has the meaning given that term in section 485 of this title. / The term “terrorism information”— (A) means all information, whether coll

Defined Term.—In this section, the term “terrorist” means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 2332

any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the U

the term “terrorist countries”, refers to countries designated by the Secretary of State under section 2780(d) of this title ; and

the term “terrorist group” means any group practicing, or which has significant subgroups which practice, international terrorism;

For purposes of paragraph (1), the term “terroristic or military action” means— (A) any terroristic activity which a preponderance of the evidence indicates was directed against th

The term "terrorist incident, threat, or activity" means an incident, threat, or activity involving an act of domestic terrorism (as defined in section 2331(5) of title 1

an organization- "(I) designated under section 1189 of this title; "(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation w

The term “terrorist party” has the meaning given that term in section 201(d) of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note).

the terms “terrorist sanctuary” and “sanctuary” mean an area in the territory of the country— (A) that is used by a terrorist or terrorist organization— (i) to carry out terrorist

The demesne lands of the crown. Terra manens vacua occupanti conceditur. 1 Sid. 347. Land lying unoccupied is given to the first occupant

These words, “marque” and “reprisal,” are frequently used as synonymous, but, taken in their strict etymological sense, the latter signifies a “taking in return;” the former, the p

A third; dower.

The term "tertiary recovery method" means— (A) any method which is described in subparagraphs (1) through (9) of section 212.78(c) of the June 1979 energy regulations (as

Lat In the civil law. A third person intervening; a third person who comes in between the parties to a suit; one who interpleads. Gll-bert's Forum Rom. 47.

Lat In old English law. Third publication or proclamation of intended marriage.

tesmoyne, I ft. In old English law. A witness

tesmoynaniiee, I fr. Testimony,

Something by which to ascertain the truth respecting another thing. 7 Pa. St. 428; 6 Whart. (Pa.) 284. See Test Act.

Vide Religious Test.

A person is said to be testable when he has capacity to make a will. A man of twenty-one years of age and of sane mind is testable. The capacity to make a will must be distinguishe

Act 25 Car. II. c. 2, by which it was enacted that all persons holding any office, civil or military (excepting some very inferior ones), or receiving pay from the crown, or holdin

An action brought to determine a doubtful right affecting many persons. It may be an action selected from a number of pending actions brought to enforce such a right, the parties a

The condition of one dying having made a will. Opposed to "intes» tacy" (q. V.) It may exist as to all property, or may be but "partial," as to such only as is disposed of.

An ancient and authentic record in two volumes, in the custody of the queen’s remembrancer in the exchequer, said to have been compiled by John de Nevil, a justice itinerant, in th

An ancient and authentic rcoord in two volumes, in the custody of the king's remembrancer in the exchequer, said to be compiled by John de Nevil, a justice itinerant, in the eighte

In civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Domat, liv. 1, tit. 1, § 1. At first there were only two sorts of

OLOGRAPH- IC, a term used in the civil law. The olographic testament is that which is written wholly by the testator himself. In order to be valid, it must be entirely written, dat

NUNCUPA-

MYSTIC, a term used in the civil law. A mystic testament is also called a solemn testament, because it requires more formality than a nuncupative testament, is a form of making a w

a term used in the civil law. A testament ab trato, is that made in a gust of passion or hatred against the presumptive heir, rather than from a desire to benefit the devisee. When

Co. Litt. 112. When two conflicting wills are found, the last prevails; so it is when two conflicting clauses occur in the same wlll.

Jenk. Cent. 81. Wllls ought to have the broadest interpretation.

Wills ought to have the broadest construction.

Belonging to a testament; as, a testamentary gift; a testamentary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal, given by an office

Mental capacity sufficient to make a valid wilL

In English law. Causes relating to probate of testaments and administration, and accounts upon the same. They are enumerated among ecclesiastical causes by Lord Coke. 5 Coke, 1, an

A gift which does not take effect as an executed and completed transfer to the donee, either legal or equitable, during the lifetime of the donor. 136 111. 398,

A guardian appointed by last will of a father to have custody of his child and his real and personal estate till he attains the age of twenty-one. In England, the power to appoint

the transaction should be deemed to be testamentary in character, that is, treated for the purposes of the law as intended to take effect in possession or enjoyment at the death of

Any instrument whereby the maker undertakes to make a testamentary disposition of his property. See 117 Wis. 455, 94 N. W. 306.

An instrument in the nature of a will; an unprobat-; ed will. As to when a deed will have the effect of a testamentary instrument, see Deed; Escrow; Donatio Mortis Causa.

The powerto ute. Brettun v. Fox, 100 Mass. 234. Such power has been expressly conferred by statute in most of the states, in some cases unrestricted, in others with various restric

In the civil law, that which resalts from the institution of an heir in a testament executed in the form prescribed by law. Civ. Code La. 1900, art. 876,

A trustee, nominated in the will or not, appointed to execute a trust created by a will. See 51 Hun, 201, 4 N. Y Supp. 701.

Lat In the civil law. The ceremony of making a testament, either as testator, heir, or witness.

I. E., TEST ATI O MENtls, facta nullo praesente metu periculi, sed cogitatione mortalitatis. A testament, i. e., the witnessing of one's intention, made under no present fear of da

Every will is perfected by death. A will speaks from the time of death only. Co. Litt. 232. '

A testament is the just expression of our wili concerning that which any one wishes done after his death, [or, as Blaekstone translates, "the legal declaration of a man's intention

A will is the just expression of our wishes, concerning that which anyone may wish to be done after his death. See 2 Bl. Comm. 499.

Co. Litt. 322. A testament, i. e., the witnessing of one's intention, made under no present fear of danger, but in expectancy of death.

Lat. In the civil law. An inofficious testament, (q. v.)

Unofficious will, which see.

Every will is consummated by death.

The term “test and evaluation facility” means an at-depth, prototypic, underground cavity with subsurface lateral excavations extending from a central shaft that is used for resear

Lat. In the civil law. To testify; to attest; to declare, publish or make known a thing before witnesses. To make a will. Calvin.

The condition' of ohe who leaves a valid will at his death.

Witness; evidence. TESTATOR (Lat.) One who has made a testament or will. TESTATORIS ULTIMA VOLUNTAS EST perimplenda secundum veram intentionem suam. The last will of a testator is

I. In the civil law. Testate; having made a will.

One who made his will.

The last will of a testator is to be fulfilled according to his true intent.

This is not a case where a testator seeks to bequeath property which shall be free from liability for the beneficiary's debts. Here the testator has merely prescribed the condition

There is no higher duty which rests upon a court than to carry out the intentions of a testator when the provision is not repugnant to settled principles of public policy and is ot

A female testator.

Testified.

A writ issued for the arrest of a defendant when the return of a previous one showed his absence.

See Testatum. —-General execution. A writ commanding an officer to satisfy a judgment out of any personal property of the defendant. If authorizing him to levy only on certain spec

In practice, A writ containing a testatum clause; such as a testatum capias, a testatum ft. fa., and a testatum ca. so. See Testatum.

Testate; a testator.

Bear witness; the attesta’ tion clause of an instrument.

Bearing teste. TESTES (Lat.) Witnesses. TESTES QUI POSTULAT DEBET DARE eis sumptus competentes. Whosoever demands witnesses must find them in competent provision.

The term "tested income" means, with respect to any controlled foreign corporation for any taxable year of such controlled foreign corporation, the excess (if any) of— (i

The term "tested loss" means, with respect to any controlled foreign corporation for any taxable year of such controlled foreign corporation, the excess (if any) of the a

I, myself bear witness.

The concluding clause, commencing with the word tcitness, etc. A signature in attestation of the fact that a writ is issued by authority. A writ which bears the teste is sometimes

TRIAL PER. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examine

I. In the civil and old English law. Witnessea Testlbus deponentibns in pari numero, dignioribus est credendnm, L Where the witnesses who testify are in equal number [on botli side

Witnesses are weighed, not counted.

Whosoever demands witnesses must find them in competent provision.

A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; hut this

The term “test facility” means a range or other facility at which testing of defense equipment may be carried out.

The distinction between refusing to do an act commanded (remedied by imprisonment until the party performs the required act), and doing an act forbidden (punished by imprisonment f

Where the witnesses who testify are in equal number, [on bath sides,]' the more worthy are to be believed. 4 Inst 279.

The witnesses testifying in equal numbers (on each side), the more worthy of them should have credence.

To give evidence according to law; the examination of a witness who declares his knowledge of facts.

I To testify; to bear witness.

Testimony; evidence.

responses to questions that require a suspect to communicate an express or implied assertion of fact or belief).

In civil law. A term used in the same sense as "parol evidence" is used at common and in

Perjury is one thing; testimonial recalcitrance another. He who offers himself as a witness is not freed from the duty to testify. The court (except insofar as it is constitutional

Evidence is to be weighed, not enumerated.

non numeranda. Evidence is to be weighed, not enumerated.

Testimony should be weighed, not counted.

In Spanish law. An attested copy of an Instrument by a notary. Newman & Barrett!; Tex. Dig.

The first copy of the expediente of a Mexican grant. The expediente is a complete statement of every step taken in the proceedings. See lfil U. S. 208, 40 L. Ed. 673, 16 Sup. Ct. R

I. Testimony; attestation. Testimonium clause: the clause at the end of an instrument, beginning "In witness whereof," etc.

In conveyancing. That clause of.a deed or instrument with which it concludes: "In witness whereof, the parties to these presents have hereunto set their hands and seals."