Latin for Lawyers

L ATIN FOR L AWYERS

THESAURUS INVENTUS [L. thesaurus / treasure, treasury, storage-house (from the Greek) + invenio , invenire / to come upon, discover; to find out] Treasure discovered; treasure trove. See TREASURE THREAT [L. trudo , trudere / to press upon; to force] A declaration of intent or purpose to injure or harm. The manifestation of an intent to harass or intimidate. To menace or frighten. Some threats are crimi nal offenses. A threat by mail is an indictable federal offense. Any threat against the President is a criminal offense. Model Penal Code § 211.3 defines a terroristic threat as any threat communicated with intent to terrorize or to cause the evacuation of any building or facility. TITLE [L. titulus / inscription, title, label] The name by which a thing is known. A mark, designation or appellation. The designation of a book, or a statute; also, a designation indicating rank, position or occupation. The degree of ownership of real or personal property. The quality of a person’s interest in a particular asset. The basis of ownership. The extent to which the law recognizes and protects an interest in property. Clear title is title free of encumbrances, liens or claims of right by others . Record title is that title which appears from local records which record trans actions on a continuing basis. Good title is valid title recognized in fact and law and which a willing buyer will accept from a willing seller. A title in fee simple is full and unconditional ownership of property. Title paramount is a title better than or superior to another title. A title search is an examination into the status of ownership in a particular property, including a search for title transfers, for mortgages and encumbrances, for tax liens, and for all other matters affecting title; the examination is usually conducted by an attor ney or abstract company in connection with a proposed transfer or transac tion. TOLL [L. tollo , tollere / to take up and away; to carry off] To take away. To vacate or annul. To suspend or interrupt. To toll a statute of limitations is to suspend or stop its operation for a period of time; various conditions will result in the tolling of a statute of limitations, e.g., the defen dant’s absence from the jurisdiction; the minority of the plaintiff, a deliberate scheme to avoid process, etc. TORT [L. torqueo , torquere / to twist, wind, wrench] A wrongful act for which the law imposes civil liability to compensate a per son who has suffered injury or damage as a result of the act. The act which gives rise to a tort claim is never consensual or based upon contract or agree-

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