Latin for Lawyers

L ATIN FOR L AWYERS

diction defines the geographical area over which a court or judicial officer can exercise jurisdiction; the area within which a court can extend process. Territorial waters are those waters immediately adjacent to a nation’s coast line, over which the nation claims or exercises sovereignty. Since World War II, the nations of the world have not been able to agree on the outer limit of territorial waters; the old three-mile rule has been extended by some nations to twelve miles from shore and even to 200 miles. TERROR, TERRORISM [L. terreo , terrere / to frighten, terrify] Terror: Fear or fright. Anything that inspires fear. Fear of attack, injury or death, especially from something sudden or unexpected. Terrorism: Acts or threats of violence against a state or nation, or against a group of citizens, usually inspired or motivated by some political, economic or social objective. TERROREM [L. teneo , tenere ] See IN TERROREM TEST [L. testa / a piece of clay; a pot or urn] An examination or inquiry. An evaluation or measure of skill or knowledge. A test case is a case depending upon facts which raise legal issues common to a group of cases; if all the parties to the cases typified by the test case agree to be bound by its decision, the court will agree to hear and determine the test case as representaive of and precedent for the other cases. A test case is also a case brought to test the constitutionality or applicability of a statute. TESTACY [L. testor , testari / to bear witness, give evidence; to make a will] The state of a decedent who leaves a valid will, as opposed to one who dies intestate, i.e., without having executed a valid will. TESTAMENT [L. testamentum / a last will (from testari )] Originally, a document which contained a testator’s instructions for the dis position of his personal property after death. In today’s usage, a document which provides for the disposition of both real and personal property after death. Also, one of the two divisions of the modern Bible (the Old and the New Testament). TESTAMENTARY [L. testamentum / a last will; a lecture] Related to the process of drafting or executing a will. Testamentary capacity is that state of mind which enables a testator to understand the nature and scope of his estate or property, to identify the people he wishes to benefit, and to set down rational and reasonable provisions disposing of his property. Tes tamentary expenses are the expenses of probating and administering a will. A testamentary instrument is a document intended to take effect only at death which disposes of a person’s assets and which is executed with the formali-

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