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TRANSCRIPT - A transcript is the official record of a court proceeding or questioning. It is created from an audio recording of the proceedings. TRESPASS - trespass is yet another of those civil wrongs known as torts. Put at its simplest, a trespass ins the act of interfering with the rights of another person, either in relation to lands, goods or even the person themselves. TRIAL - A trial is a formal hearing in a courtroom with a judge. In a divorce trial, each party will have an opportunity to state their claims and offer defences and counter TRUSTEE - The person or institution responsible for managing a trust according to its terms. TRUSTS - a whole web site could be filled with an exposition concerning the law of trusts. The concept of a trust is at the heart of many areas of law, including investments, charities, pensions, gifts to minors by will, and is simply the holding of assets by one person (the trustee) for the benefit of another (the beneficiary). Would that it were that simple! The law sets out strict rules as to what the trustee must and must not do in performing his or her duties, and also what liabilities they are subject to in terms of accountability, profiting from the trust and duties generally. ULTRA VIRES - meaning literally beyond ones power, an act which is ultra vires is one which is beyond the scope of the authority that a person or organization has. Thus an agent can be ultra vires the scope of his or her agency agreement, a company can act ultra vires the objects contained in its memorandum of association and a local authority or minister can act ultra vires the powers conferred on them by legislation. UNCONTESTED DIVORCE - when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property. UNCONTESTED DIVORCE - a divorce where both parties are able to make a mutually agreed UNCONTESTED DIVORCE - An uncontested divorce is a legal action for a divorce only: there are no financial issues or issues involving the children. The divorce proceeds on the ground that the spouses have been separated for one year, and there is no dispute that a year has passed since the spouses' separation. UNDUE INFLUENCE - if a person is subject to pressure such as to cause them to do something which they would not otherwise have done, then they are said to have been subject to undue influence. It occurs most regularly in connection with wills and contracts, and can amount to good cause for them being set aside. |
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