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tabular form See SUBPARAGRAPH FORM.

tabulis exhibendis See DE TABULrs EXHIBENDIS.

T-account An accounting form shaped like the letter T, with the accounts name above the horizontal line, debits listed to the left of the vertical line, and credits to the right.

tacere per quadriennium utile (ta-seer-ee par kwod¬ree-en-ee-am yoo-ta-lee). [Law Latin). To be silent throughout the four years after majority. A person is estopped from challenging a deed made when that person was a minor if the right is not exercised within the four years after the person reaches the age of majority.

tacit (tas-it), adj. 1. Implied but not actually expressed; implied by silence or silent acquiescence <a tacit understanding> <a tacit admission>. 2. Civil law. Arising by operation of law; constructive <a tacit mortgage> <tacit relocation>. La. Civ. Code art. 3506(30). - tacitly, adv.

tacit acceptance 1. An acceptance of an offer indicated by circumstances or operation of law rather than express words. La. Civ. Code art. ] 927. 2. An acceptance of an inheritance, indicated by the heirs doing some act that shows an intent to accept it and that the heir would have no right to do except in that capacity.

tacit admission See implied admission.

tacit admission See implied admission under ADMISSION (1).

tacit collusion See CONSCIOUS PARALLELISM.

tacit collusion See CONSCIOUS PARALLELISM.

tacit contract See CONTRACT.

tacit contract A contract in which conduct takes the place of written or spoken words in the offer or acceptance (or both).

tacit dedication A dedication of property for public use arising from silence or inactivity and without an express agreement.

tacit dedication See DEDICATION.

tacit hypothecation See HYPOTHECATION.

tacit hypothecation. 1. Civil law. A type of lien or mortgage that is created by operation of law and without the parties' express agreement. - Also termed tacit mortgage. 2. See maritime lien under LIEN.

tacit law See LAW.

tacit law A law that derives its authority from the people"s consent, without a positive enactment.

tacit mortgage 1. See legal mortgage under MORTGAGE. 2. See tacit hypothecation under HYPOTHECATION.

tacit prorogation Consent to jurisdiction that arises when a party does not request recusal despite awareness that the judge is not qualified to try the case. Cf. prorogated jurisdiction under JURISDICTION.

tacit relocation The implied or constructive renewal of a lease, usu. on a year-to-year basis, when the landlord and tenant have failed to indicate their intention to have the lease terminated at the end of the original term.

tacit remission See REMISSION.

tacit remission A remission arising by operation oflaw, as when a creditor surrenders an original title to the debtor. La. Civ. Code art. 1888. 2. A pardon granted for an offense. 3. Relief from a forfeiture or penalty. 4. A diminution or abatement of the symptoms of a disease,

tacit-relocation doctrine The principle under which a lease is presumed to continue (usu. for a one-year period) beyond its expiration date because of the parties failure to indicate that the agreement should terminate at the stipulated date.

tack A deed creating a lease of land or other immovable property for an annual rent payable in money, services, or fruits produced on the land. The lessee may be referred to as a tacksman or tacks¬ woman. - tack, vb.

tack 1. To add (ones own period of land possession) to a prior possessors period to establish continuous adverse possession for the statutory period. 2. To annex (a junior lien) to a first lien to acquire priority over an intermediate lien. It is the established doctrine in the English law, that if there be three mortgages in succession, and all duly registered, or a mortgage, and then a judgment, and then a second mortgage upon the estate, the junior mortgagee may purchase in the first mortgage, and tack it to his mortgage, and by that contrivance squeeze out the middle mortgage and gain preference over it. The same rule would apply if the first as well as the second incumbrance was a judgment; but the incumbrancer who tacks must always be a mortgagee, for he stands in the light of a bona fide purchaser, parting with his money upon the security of the mortgage." 4 James Kent, Commentaries on American Law 176 (George Comstock ed., 11th ed. 1866). 3. Scots law. To lease land or another immovable for an annual rent payable in money, services, or fruits produced on the land.

tacking 1. The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp., the adding of ones own period ofland possession to that ofa prior possessor to establish continuous adverse possession for the statutory period. See ADVERSE POSSESSION. 2. The joining of a junior lien with the first lien in order to acquire priority over an intermediate lien.

tadt prorogation See PROROGATION.

Taft-Hartley Act See LABOR-MANAGEMENT RELATIONS ACT.

Taft-Hartley fund See joint-welfare fund.

Taft-Hartley fund See joint-welfare fund under FUND (1).

tail The limitation of an estate so that it can be inherited only by the fee owners issue or class of issue. See FEE TAIL; ENTAIL. Also termed (in Scots law) tailzie (tay-lee).

tail coverage An extension of a claims-made profeSSional-liability policy to protect against claims and lawsuits filed after the end of the policy period but based on negligent acts that occurred during the policy period. Also termed extended-reportingperiod endorsement. Cf. PRIOR-ACTS COVERAGE.

tail female A limitation to female heirs.

tail general 1. A tail limited to the issue of a particular person, but not to that of a particular couple. - Also termed general tail. 2. See tail male.

tail male A limitation to male heirs. Also termed tail general.

tail special A tail limited to specified heirs of the donees body. Also termed special tail. "Estates-tail are either general, or special. Tenant in tailspecial is where the gift is restrained to certain heirs and does not go to all of them in general. And this may happen in several ways. I shall instance in only one: as where lands and tenements are given to a man and the heirs ofhis body. on Mary his now wife to be begotten; here no issue can inherit, but such special issue as is engendered, between them two; not such as the husband may have by another wife; and therefore it is called special tail." 2 William Blackstone, Commentaries on the Laws of England 113-14 (1766).

tailzie (tay-Iee), n. Scots law. 1. See ENTAIL. 2. See TAIL.

taint 1. A conviction of felony. 2. A person so convicted. See ATTAINDER.

taint 1. To imbue with a noxious quality or principle. 2. To contaminate or corrupt. 3. To tinge or affect slightly for the worse. taint, n.

tainted evidence Evidence that is inadmissible because it was directly or indirectly obtained by illegal means. See FRUIT-OF-THE-POISONOUS-TREE DOCTRINE.

tainted evidence See EVIDENCE.

tainted stock See STOCK.

tainted stock Stock owned or transferred by a person disqualified from serving as a plaintiff in a derivative action. A good-faith transferee is also disqualified from filing a derivative action.

take vb. (bef. 12c) 1. To obtain possession or control, whether legally or illegally <its a felony to take that property without the owners consent>. 2. To seize with authority; to confiscate or apprehend <take the suspect into custody>. 3. To acquire (property) for public use by eminent domain; (of a governmental entity) to seize or condemn property <the state took the land under its eminent-domain powers>. 4. To acquire possession by virtue of a grant of title, the use ofeminent domain, or other legal means; esp., to receive property by will or intestate succession <the probate code indicates the proportions according to which each heir will take>. See TAKING. 5. To claim ones rights under <she took the Fifth Amendment>.

take a default judgment To reduce to final judgment a defendants failure to timely answer a lawsuit. The process usu. involves informing the court of the defendants failure to answer, proving damages, and submitting a proposed judgment for the judge to Sign. See DEFAULT JUDGMENT.

take a deposition To obtain the testimony of a witness by deposition. See DEPOSITION (1).

take away To entice or persuade (a female under the age of 18) to leave her family for purposes of marriage, prostitution, or illicit sex. See ABDUCTIO:N (2).

take back To revoke; to retract.

take by stealth To steal (personal property); to pilfer or filch.

take care of 1. To support or look after (a person). 2. To pay (a debt). 3. To attend to (some matter).

take delivery To receive something purchased or ordered; esp., to receive a commodity under a futures contract or spot-market contract, or to receive securities recently purchased.

take effect 1. To become operative or executed. 2. To be in force; to go into operation.

take from the table Parliamentary law. To resume consideration of (business previously tabled). - Also termed resume consideration.

take over agreement An agreement under which a defaulting party's surety agrees to perform the original contract in the defaulting party's stead.

take the fifth To assert ones right against self-incrimination under the Fifth Amendment. - A common but loose variant of the phrase is plead the Fifth; invoking the right is not a plea. See RIGHT AGAINST SELF-INCRIMINATION.

take the witness You may now question the witness. This phrase is a lawyers courtroom announcement that ends one sides questioning and prompts the other side to begin its questioning. Synonymous phrases are your witness and pass the witness.

take up 1. To payor discharge (a note). 2. To retire (a negotiable instrument); to discharge ones liability on (a negotiable instrument), esp. the liability ofan indorser or acceptor. 3. To purchase (a note).

take-home pay Gross wages or salary reduced by deductions such as income taxes, social-security taxes, voluntary contributions, and union dues; the net amount of a paycheck.

take-it-or-Ieave-it contract See adhesion contract under CONTRACT.

take-it-or-Ieave-it contract See adhesion contract.

take-nothing judgment A judgment for the defendant providing that the plaintiff recover nothing in damages or other relief. Also termed (in some states) no cause ofaction.

take-nothing judgment See JUDGMENT.

take-or-pay contract See CONTRACT.

take-or-pay contract A contract requiring the buyer to either purchase and receive a minimum amount of a product ("take") or pay for this minimum without taking immediate delivery ("pay"). These contracts are often used in the energy and oil-and-gas businesses.

takeover The acquisition of ownership or control of a corporation. - A takeover is typically accomplished by a purchase ofshares or assets, a tender offer, or a merger.

takeover agreement See AGREEMENT.

takeover bid An attempt by outsiders to wrest control from the incumbent management of a target corporation. Also termed tender offer. See TENDER OFFER.

takeover defense A measure taken by a corporation to discourage hostile takeover attempts. Often shortened to defense. Also termed shark repellent.

takeover offer See TENDER OFFER.

taker A person who acquires; esp., one who receives property by will, by power of appointment, or by intestate succession.

taker in default A person who will receive property not effectively appointed; esp., a person designated by a donor to receive property under a power of appointment if the donee fails to exercise that power.

taking 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control.

taking a case from the jury See directed verdict under VERDICT.

taking the Fifth See TAKE THE FIFTH.

Takings Clause The Fifth Amendment provision that prohibits the government from taking private property for public use without fairly compensating the owner. - Also termed Just Compensation Clause. See EMINENT DOMAIN.

tales (tay-leez or taylz). [Latin, pI. of taus "such," in the phrase tales de circumstantibus "such of the bystanders"]. 1. A supply ofadditional jurors, usu. drawn from the bystanders at the courthouse, summoned to fill a panel that has become deficient in number because of juror challenges or exemptions. 2. A writ or order summoning these jurors.

tales-juror See TALESMAN.

tales-juror (tay-leez- or taylz-joor-ar). See TALESMAN.

talesman (taylz-man or tay-leez-man). Archaic. 1. A person selected from among the bystanders in court to serve as a juror when the original jury panel has become deficient in number. VENIREMEMBER. - Also termed tales-juror.

talis qualis (tay-lis kway-lis). [Latin] . Such as it is. A purchaser who accepts title as it stands at the time of sale takes the title taus qualis.

talisman (tal-is-man), n. A charm, amulet, or other physical thing supposedly capable of working wonders <private property is not some sacred talisman that can never be touched by the state it can be taken for public use as long as the owner is justly compensated>. talismanic (tal-is-man-ik), adj.

tallage 1. An arbitrary tax levied by the monarch on towns and lands belonging to the crown. Royal tallages were abolished in the 14th century when Parliament gained the power to approve or disapprove the monarchs direct-taxation schemes. 2. A levy demanded by a feudal lord from tenants in lieu of the tenants provision of goods and services. The timing and amount of the levy varied according to local custom, type of tenure, and caprice. 3. TOLLAGE.

tally 1. A stick cut into two parts and marked with notches to show what was due between a debtor and creditor. The tally. used as a receipt for money or chattels, was a narrow wooden stick with notches of varying dimensions to represent the amount received. After the notches had been cut, the stick was split lengthwise into two unequal pieces. The longer. which contained a stump or handle and was called the stock, was given to the person making the payment, and the shorter, a flat strip called the foil: to the other party. If the sum involved was disputed, the two pieces could be fitted one to the other to see if they would tally. C.H .5. Fifoot, History and Sources of the Common Law: Tort and Contmct 223 (1949). "A thousand pounds was marked by cutting out the thickness of the palm of the hand, a hundred by the breadth of the thumb, a score by the breadth of the little finger, one pound by that of a swelling barley-corn. The terminology has left a permanent imprint on our language. If you lent money to the Bank of ngland, tallies were cut for the amount: the Bank kept the foil and you received the stock; you thus held Bank Stock of the amount recorded upon it. When the form of cheque was adopted, it was not indeed called a foil, but the part retained by the payer is still the counterfoil; and the word cheque itself goes back ultimately to the same root as exchequer. Reginald l. Poole, The Exchequer in the Twelfth Century 86-93 (1912). "From early times tallies were used in the Exchequer and this lasted until 1826. The burning of a large quantity of old tallies led to the burning down of the old Houses of Parliament. David M. Walker, The Oxford Companion to Law 1207 (1980). 2. Anything used to record an account. 3. An account; a score.

Talmud (tahl-muud or tal-mad), n. A work embodying the civil and canonical law of the Jewish people. Talmudic (tahl-moo-dik or tal-), adj.

talweg See THALWEG.

TAM abbr. TECHNICAL ADVICE MEMORANDUM.

tam facti quam animi (tam fak-ti kwam an-a-mi). [Latin]. In deed as well as in intention.

tame adj. (Of an animal) domesticated; accustomed to humans. See domestic animal under ANIMAL.

tamper 1. To meddle so as to alter (a thing); esp., to make changes that are illegal, corrupting, or perverting. 2. To interfere improperly; to meddle.

tamperin 1. The act of altering a thing; esp., the act of illegally altering a document or product, such as written evidence or a consumer good. See Model Penal Code §§ 224.4, 241.8; 18 lJSCA § 1365. 2. The act or an instance of engaging in improper or underhanded dealings, esp. in an attempt to influence. Tampering with a witness or jury is a criminal offense. See WITNESS TAMPERING; OBSTRUCTION OF JUSTICE; EMBRACERY.

TAN See tax-anticipation note under NOTE (1).

TANF abbr. TEMPORARY ASSISTANCE TO NEEDY FAMILIES.

tangible 1. Having or possessing physical form; CORPOREAL. 2. Capable of being touched and seen; perceptible to the touch; capable of being possessed or realized. 3. Capable of being understood by the mind.

tangible damages See actual damages under DAMAGES.

tangible asset An asset that has a physical existence and is capable of being assigned a value.

tangible asset See ASSET.

tangible chattel paper Chattel paper evidenced by a record or records consisting of information inscribed on a tangible medium. UCC § 9-102(a)(78).

tangible chattel paper See CHATTEL PAPER.

tangible cost See COST (1).