T
temporary restraining order: A court order issued on a temporary basis in an emergency situation, until the arguments and evidence can be heard by the court and the appropriate action in the matter determined.
tenant in common: A form of property ownership whereby each owner (or tenant) owns an undivided interest in the property. Upon the death of a tenant in common, there is no right of survivorship in the other tenant(s) in common and the property of the deceased tenant in common passes to his estate or heirs.
tender: A readiness and willingness to perform in the case of concurrent performance by the other party, with present ability to do so, and notice to the other party of such readiness. An offer to perform coupled with manifest ability to carry out the offer and production of the subject matter of tender.
testamentary: An instrument or documents is testamentary when it is written or made so as to take effect after the death of the person making the instrument or document.
testamentary capacity: To have testamentary capacity, a testator must be of the age of majority (18 years of age), understand the nature and extent of their property, the persons who are the natural objects of their bounty, and the meaning and practical effect of their will.
testate: An individual who has died and has made and leaves a will.
trust: An estate planning document sometimes called an inter vivos trust or a revocable living trust. A trust is a fiduciary relationship with respect to specific property (res) wherein the trustee holds legal title to the property subject to enforceable equitable rights in a beneficiary.
U
unborn beneficiaries: An unborn person named to share in an estate whose interests are generally represented by a guardian ad litem appointed by the court.
unclean hands: The defense of unclean hands may prevent a plaintiff from obtaining specific performance in a contract dispute. A court of equity may deny specific performance when the plaintiff has acted in an unequitable way in a matter that is directly related to the parties' dispute.
Uniform Child Custody Jurisdiction and Enforcement Act: (UCCJEA) A declaration must be filed under this act, if there are minor children involved.
Uniform Interstate Family Support Act: (UIFSA) Provides uniform state laws to enforce support obligations when the minor’s custodial parent and non-custodial parent reside in different states.
V
venue: The geographic area in which a court has jurisdiction over a matter and may hear a case or the place in which an injury or fact is to have taken place.
visitation rights: The non-custodial parent’s (parent who does not have physical custody or live with the child) right of access, granted by the court, to visit the child or children.
void: An instrument or transaction, such as a contract, that has no legal force, is ineffective and inoperative.
void ab initio: A contract is null and invalid from the beginning if it seriously offends law or public policy, as compared and contrasted by a contract that is merely voidable at the election of the parties to the contract or transaction.
voidable: An instrument or transaction, such as a contract, which has an imperfection or defect that can be cured by the act or confirmation of the parties.
void marriage: (see nullity) A marriage where the parties could not enter into a valid marriage and an assumed marriage does not exist. voidable marriage: A marriage which is valid when entered into and remains valid until either party obtains a court order that determines it is void.
voidable marriage: A marraige in which there is an inperfection that can be inquired into only during the lives of both of the parties. The parties may seek a proceeding to obtain a judgment declaring the marriage void.
W
wage garnishment: A legal proceeding whereby the employer, of a person who has a judgment rendered against them, is required to deduct a portion of the person’s wages in payment and satisfaction of the judgment.
waiver: To intentionally, voluntarily and knowingly forfeit or give up a legal right.
will: A written instrument executed with certain formalities that is testamentary in character, revocable during the lifetime of the maker, and expresses the wishes of that person, who is the testator, regarding the distribution of the testator's property, after death. The term "will" may also include a codicil. A will operates only upon and by reason of the death of the testator. By executing a will the testator has not parted with rights in the testator's estate and no rights have accrued in any other person. The death of the testator establishes for the first time the legal status of the will as an instrument and commences operation as a conveyance of title.
Workers' Compensation: Compensation awarded to compensate for the injured workers' diminished capacity to earn a living. The workers' compensation program provides benefits in case of disability or death resulting form industrial injury or exposure.
Workers' Compensation Appeals Board (WCAB): A body of members who preside over all matters relating to the benefits provided by an employer to an injured worker.
Workers' Compensation Benefits: The basis for the award of benefits depends upon their being an injury arising out of and occurring in the course of employment.