Latin for Lawyers

TORTFEASOR

ment; instead, the act is one which the plaintiff neither invited nor antici pated, e.g., a battery or an auto accident. Also, the violation of a legal duty which results in injury or damage to another. An act may constitute both a crime and a tort. Also, the name given to causes of action based upon wrong ful civil acts, and, to the body of law which studies and interprets them. TORTFEASOR [L. torquere + facio , facere / to make or do] A person who commits a tort or is liable to another upon a claim in tort. TORTIOUS [L. torquere / to twist, wrench] Any act which is recognized as a tort or which subjects the actor to civil lia bility for injury or damage caused to another by his act. In the nature of a tort; wrongful; harmful. TORTURE [L. torquere / to twist, wrench] To cause pain or suffering to. To punish. To apply cruel devices and instru ments to the person of another. To distort or twist the meaning of a thought or concept. TOTA CURIA The entire court. A session of a court when all the judges of the panel are present. TOTAL [L. totus / the whole, complete, the entire group] Constituting the whole. Complete. Entire. With respect to insurance claims, a total loss is a loss to the assured of the entire current value of the asset or interest insured. A total disability is a physical or mental disability so great as to prevent gainful activity or employment. Total incorporation is a concept of constitutional law which teaches that the Fourteenth Amendment must be construed as extending the protection of the Bill of Rights in its entirety to the individual states. TOXIC [L. toxicum / the poison used on arrows] Poisonous. Possessing the qualities of a poison. A substance that causes ill ness or death when administered to or through the body. Produced by a poi son. A poison. Toxicology is the science which studies and treats the nature and effects of poisons. Toxic wastes are industrial and domestic products which are injurious to health and safety; the use, accumulation, transportation and disposal of these wastes are regulated by federal and state authorities.

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