tempestive(tem-pes-tiv) adj. Scots law. Ofor relating to the proper time; timely; timeous. |
templarA barrister who has chambers in the Temple of the Inns of Court. The Middle and Inner Temples are so named because they are housed in buildings on land that once belonged to the Knights Templars. |
temporal jurisdictionSee JURISDICTION. |
temporal jurisdictionJurisdiction based on the court"s having authority to adjudicate a matter when the underlying event occurred. Also termed jurisdiction ratione temporis. |
temporal lordSee LORD. |
temporality1. Civil or political power, as distinguished from ecclesiastical power. 2. (usu. pl.) The secular properties or revenues of an ecclesiastic. |
temporaryadj. Lasting for a time only; existing or continuing for a limited (usu. short) time; transitory. |
temporary administrationSee ADMINISTRATION. |
temporary administrationAn administration in which the court appoints a fiduciary to administer the affairs of a decedent's estate for a short time before an administrator or executor can be appointed and qualified. |
temporary alimonyInterim alimony ordered by the court pending an action for divorce or separation in which one part y has made a claim for permanent alimony. Also termed provisional alimony; alimony pendente lite; allowance pendente lite. |
temporary alimonySee ALIMONY. |
temporary allegianceSee ALLEGIANCE. |
temporary allegianceThe impermanent allegiance owed to a state by a resident alien during the period of residence. vassal's 2. Hist. A obligation to the liege lord. See LIEGE. |
Temporary Assistance to Needy FamiliesA combined state and federal program that provides limited financial assistance to families in need. 42 USCA §§ 601-603a. This program replaced Aid to Families with Dependent Children. TANF differs from AFDC because families are limited to no more than five years of assistance, and states have more control over eligibility requirements. Abbr. TANF. |
temporary committeeSee special committee. 2. (kam-i-tee) A person who is civilly committed, usu. to a psychiatric hospital <the board determined that the committee was dangerous and should not be released>. 3. (kam-i-tee) The guardian for the person so committed <the patient's lawyer objected to the appointment of the committee>. |
temporary committeeSee special committee under COMMITTEE. |
temporary damagesSee DAMAGES. |
temporary damagesDamages allowed for an intermittent or occasional wrong, such as a real-property injury whose cause can be removed or abated. |
temporary detentionSee pretrial detention under DETENTION. |
temporary disabilityA disability that exists until an injured worker is as far restored as the nature of the injury will permit. |
temporary disabilitySee DISABILITY (2). |
Temporary Emergency Court of AppealsA special U.S. court created in 1971 with exclusive jurisdiction over appeals from federal district courts in cases arising under the wage-and-price-control program of the Economic Stabilization Act of 1970. The court consisted of nine district and circuit judges appointed by the ChiefJustice. This court was abolished in 1992. - Abbr. TECA. Cf. EMERGENCY COURT OF APPEALS. |
temporary employmentSee EMPLOYMENT. |
temporary employmentWork for a specific need or fixed duration, usu. agreed upon beforehand. |
temporary executorSee acting executor. 3. (eg-zek-ya-tar) Patents. One who represents a legally incapacitated inventor. - executorial, adj. executorship, n. |
temporary executorSee acting executor under EXECUTOR. |
temporary fiduciaryAn interim fiduciary appointed by the court until a regular fidUciary can be appointed. |
temporary fiduciarySee FIDUCIARY. |
temporary frustrationSee FRUSTRATION. |
temporary frustrationAn occurrence that prevents performance and legally suspends the duty to perform for the duration of the event. If the burden or circumstance is substantially different after the event, then the duty may be discharged. 2. Contracts. The doctrine that if a party's principal purpose is substantially frustrated by unanticipated changed circumstances, that party's duties are discharged and the contract is considered terminated. Also termed frustration ofpurpose. Cf. IMPOSSIBILITY (4); IMPRACTICABILITY; MISTAKE. - frustrate, vb. |
temporary injunctionSee preliminary injunction under INJUNCTION. |
temporary injunctionSee preliminary injunction. |
temporary injuryAn injury that may be abated or discontinued at any time by either the injured party or the wrongdoer. Cf. permanent injury. |
temporary injurySee INJURY. |
temporary insanityInsanity that exists only at the time of a criminal act. |
temporary insanitySee INSANITY. |
temporary insiderA person or firm that receives inside information in the course ofperforming professional duties for a client. Generally, that person or firm is subject to the same proscriptions as an insider. 2. One who takes part in the control of a corporation, such as an officer or director, or one who owns 10% or more of the corporations stock. 3. Bankruptcy. An entity or person who is so closely related to a debtor that any deal between them will not be considered an arms-length transaction and will be subject to close scrutiny. |
temporary insiderSee INSIDER. |
temporary judgeSee visiting judge under JUDGE. |
temporary judgeSee visiting judge. |
temporary nuisanceSee NUISANCE. |
temporary orderSee ORDER (2). |
temporary orderA court order issued during the pendency ofa suit, before the final order or judgment has been entered. |
temporary perfectionThe continuous perfection of a security interest for a limited period. For example, a security interest in proceeds from the original collateral is perfected for ten days after the debtor receives the proceeds; the interest will become unperfected after this ten-day period unless certain statutory requirements are met. On most instruments, a secured party who advances new value under a written security agreement obtains a 21-day perfection period, even if the secured party does not file a financing statement and the collateral remains with the debtor. UCC § 9-304(4). |
temporary perfectionSee PERFECTION. |
temporary restraining order1. A court order preserving the status quo until a litigants application for a preliminary or permanent injunction can be heard. A temporary restraining order may sometimes be granted without notifying the opposing party in advance. Cf. emergency protective order under PROTECTIVE ORDER. 2. See ex parte injunction under INJUNCTION. - Often shortened to restraining order. Abbr. TRO. |
temporary restraining orderSee TEMPORARY RESTRAINING ORDER. |
temporary statute1. A law that specifically provides that it is to remain in effect for a fixed, limited period. Cf. perpetual statute. 2. A law (such as an appropriation statute) that, by its nature, has only a Single and temporary operation. |
temporary statuteSee STATUTE. |
temporary takingA governments taking of property for a finite time. The property owner may be entitled to compensation and damages for any harm done to the property. |
temporary takingSee TAKING (2). |
temporary total disabilityTotal disability that is not permanent. |
temporary total disabilitySee DISABILITY (2). |
temporary wardSee WARD. |
temporary-cessation-of-production doctrineOil & gas. The rule that an oil-and-gas lease term "for so long thereafter as oil and gas are produced" will not terminate once production is attained unless the cessation of production is for an unreasonable length of time. See CESSATION-OF-PRODUCTION CLAUSE. |
tempus(tem-pas). [Latin]. Time; a specified duration. |
tempus continuum(tem-pas kan-tin-yoo-am). [l.atin]. Time continuing without interruption; a continuous period. |
tempus deliberandi(tem-pas di-lib-a-ran-di).[Latin]. The period allowed for deliberation; esp., the time during which an heir could consider whether to accept or reject an inheritance. Cf. JUS DELIBERANDI. |
tempus lugendi(tem-pas loo-gen-di). n. See LUCTUS. |
tempus semestre(tem-pas si-mes-tra), n. [Latin] A period of 182 days (half a year). |
tempus utile(tem-pas yoo-ta-lee), n. [l.atin "useful time"]. Time that one can use to exercise his or her legal rights; the period within which an action or proceeding must be brought. This is the period before prescription or limitation cuts off a right. |
tenancy1. The possession or occupancy of land under a lease; a leasehold interest in real estate. 2. The period of such possession or occupancy. See ESTATE (1). 3. The possession of real or personal property by right or title, esp. under a conveying instrument such as a deed or will. |
tenancy at sufferanceA tenancy arising when a person who has been in lawful possession of property wrongfully remains as a holdover after his or her interest has expired. A tenancy at sufferance takes the form of either a tenancy at will or a periodic tenancy. Also termed holdover tenancy; estate at sufferance. See HOLDING OVER (1). "A tenancy at sufferance arises where a tenant, having entered upon land under a valid tenancy, holds over without the landlords assent or dissent. Such a tenant differs from a trespasser in that his original entry was lawful, and from a tenant at will in that his tenancy exists without the landlords assent. No rent, as such, is payable, but the tenant is liable to pay compensation for his use and occupation of the land. The tenancy may be determined [i.e., terminated] at any time, and may be converted into a yearly or other periodic tenancy in the usual way, e.g., if rent is paid and accepted with reference to a year in circumstances where the parties intended there to be a tenancy." Robert E. Megarry & M.P. Thompson, A Manual of the Law of Real Property 319 (6th ed. 1993). |
tenancy at willA tenancy in which the tenant holds possession with the landlords consent but without fixed terms (as for duration or rent); specif., a tenancy that is terminable at the will of either the transferor or the transferee and that has no designated period of duration. Such a tenancy may be terminated by either party upon fair notice. Also termed at-will tenancy; estate at will. |
tenancy attendant on the inheritanceA tenancy for a term that is vested in a trustee in trust for the owner of the inheritance. The tenancy is a form of personal property to the trustee. Also termed tenancy attendant on an inheritance; term attendant on the inheritance. |
tenancy by the curtesySee CURTESY. |
tenancy by the entirety(en-ti-ar-tee). See estate by entirety under ESTATE (1). "Tenancy by the entireties is a form of joint tenancy. It resembles joint tenancy in that upon the death of either husband or wife the survivor automatically acquires title to the share of the deceased spouse. Like ajoint tenancy, also, it is necessary for the creation of a tenancy by the entireties that the husband and wife acquire title by the same deed or Will." Robert Kratovil, Real Estate Law 198 (6th ed. 1974). "Where [tenancy by the entirety] is recognized, it may exist only between a husband and a wife. It resembles, in most respects, the joint tenancy. The only major difference is that a tenant by the entirety may not destroy the other spouses right of survivorship by transferring his or her interest to another. Whether a tenant by the entirety may transfer any interest to a third party - for example, the right of present possession or the contingent right of survivorship - is a matter on which the states differ. Most take the view that no interest may be transferred. The husband and wife may, of course, together convey their estate to a third person. If they both wish to convert their tenancy into a tenancy in common or ajoint tenancy, they may do so. Upon the death of a tenant by the entirety, no interest passes, in theory, to the surviving spouse. As was true of the joint tenancy, the survivors ownership is thought simply to expand to absorb the relinquished ownership of the decedent." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 55 (2d ed. 1984). "A tenancy by the entireties could exist in any estate, whether in fee, for life, for years or otherwise. The nature of the tenancy was virtually that of an unseverable joint tenancy; neither husband nor wife could dispose of any interest in the land without the concurrence of the other, nor could one of them cause a forfeiture of the land. |
tenancy by the rodSee COPYHOLD. |
tenancy by the vergeSee COPYHOLD. |
tenancy for a termA tenancy whose duration is known in years, weeks, or days from the moment of its creation. - Also termed tenancy for a period; tenancy for years; term for years; term ofyears; estate for a term; estate for years; lease for years. |
tenancy from period to periodSee periodic tenancy. |
tenancy in commonA tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property but no right of survivorship. Also termed common tenancy; estate in common. Cf. joint tenancy. "The central characteristic of a tenancy in common is simply that each tenant is deemed to own by himself, with most of the attributes of independent ownership, a physically undivided part of the entire parcel." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 54 (2d ed. 1984). |
tenancy in coparcenarySee COPARCENARY. |
tenancy in feeSee FEE SIMPLE. |
tenancy in grossA tenancy for a term that is outstanding - that is, one that is unattached to or disconnected from the estate or inheritance, such as one that is in the hands of some third party having no interest in the inheritance. |
tenancy in tailSee FEE TAIL. |
tenancy par la vergeSee COPYHOLD. |
tenant1. One who holds or possesses lands or tenements by any kind of right or title. See TENANCY. |
tenant at sufferanceA tenant who has been in lawful possession of property and wrongfully remains as a holdover after the tenants interest has expired. The tenant may become either a tenant at will or a periodic tenant. - Also termed permissive tenant. See tenancy at will; periodic tenancy. |
tenant by elegitSee ELEGIT. |
tenant by the curtesyA life tenant who receives the estate from his deceased wife by whom he has had legitimate children. The children hold the remainder interest. See CURTESY. |
tenant by the vergeSee COPYHOLDER. |
tenant for a termA tenant whose tenancy is for a defined number of years, months, weeks, or days, set when the tenancy is created. |
tenant for lifeSee LIFE TENANT. |
tenant in chiefA person who held land directly of the king. - Also termed tenant in capite. See IN CAPITE. |
tenant in commonOne of two or more tenants who hold the same land by unity of possession but by separate and distinct titles, with each person having an equal right to possess the whole property but no right of survivorship. See tenancy in common under TENANCY. |
tenant in demesne(di-mayn or di-meen). A feudal tenant who holds land of, and owes services to, a tenant in service. Cf. tenant in service. |
tenant in dowerA life tenant who is entitled to hold and use one-third of all the real property owned by her deceased husband. See DOWER. |
tenant in feeThe owner of land held in fee. - Also termed tenant in fee simple. "A tenant in fee simple is [one who owns] lands, tenements, or hereditaments, to hold to him and his heirs forever; generally, absolutely, and Simply, without mentioning what heirs, but referring that to his own pleasure, Of to the disposition of the law. An estate in fee simple is an estate of inheritance without condition, belonging to the owner, and alienable by him or transmissible to his heirs absolutely and simply; it is an estate or interest in land of one holding absolute and exclUSive control and dominion over it, no matter how acquired." 31 c.j.S. Estates § 11, at 27 (1996). |
tenant in serviceA feudal tenant who grants an estate to another (a tenant in demesne) and is there fore entitled to services from the latter. Cf. tenant in demesne. |
tenant par la vergeSee COPYHOLDER. |
tenant paravailArchaic. A tenants tenant; a sublessor. |
tenantable repairA repair that will render premises fit for present habitation. See HABITABILITY. |
tenantlikeIn accordance with the rights and obligations of a tenant, as in matters of repairs, waste, etc. |
tenant-rightA tenants right, upon termination of the tenancy, to payment for unexhausted improvements made on the holding. This right is governed by the Agricultural Holdings Act of 1986. |
tenantryA body or group of tenants. |
tenants fixtureSee FIXTURE. |
tenant's fixtureRemovable personal property that a tenant affixes to the leased property but that the tenant can detach and take away. Also termed movable fixture. See domestic fixture; ornamental fixture. |
tend1. To be disposed toward (something). 2. To serve, contribute, or conduce in some degree or way; to have a more or less direct bearing or effect. 3. To be directed or have a tendency to (an end, object, or purpose). |
ten-day ruleThe doctrine that one who sells goods on credit and then learns that the buyer is insolvent has ten days after the buyer receives the goods to demand their return. The seller has even longer to demand return if the buyer has made a written representation of solvency to the seller within three months before delivery. |