A trust created by a will, effective only upon the death of the willmaker.
testate
The circumstance of dying after making a valid will. A person who dies with a will is said to have died "testate." Compare intestate.
testator
Someone who makes a will.
testify
To provide oral evidence under oath at a trial or at a deposition.
third degree instruction
See dynamite charge.
title
Evidence of ownership of real estate.
title company
A company that issues title insurance.
title insurance
Insurance issued by a title company that protects a property owner against loss if it is later discovered that title is imperfect.
tort
An injury to one person for which the person who caused the injury is legally responsible. A tort can be intentional -- for example, an angry punch in the nose -- but is far more likely to result from carelessness (called "negligence"), such as riding your bicycle on the sidewalk and colliding with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a requirement -- libel, slander and the "intentional infliction of mental distress" are on a good-sized list of torts not based on a physical injury.
tortious interference
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.
toxic tort
A personal injury caused by exposure to a toxic substance, such as asbestos or hazardous waste. Victims can sue for medical expenses, lost wages and pain and suffering.
trade dress
The distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace -- for example, the shape of Frangelico liqueur bottles. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.
trade name
The official name of a business, the one it uses on its letterhead and bank account when not dealing with consumers.
trade secret
In most states, a formula, pattern, physical device, idea, process, compilation of information or other information that 1) provides a business with a competitive advantage, and 2) is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft.
trademark
A word, phrase, logo, symbol, color, sound or smell used by a business to identify a product and distinguish it from those of its competitors. If the business uses the name or logo to identify a service, such as photo copying, it is called a service mark. In practice, the legal protections for trademarks and service marks are identical.
