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Private and civil law

780 articles

Trespass in English law

Trespass in English law: the direct, unjustified interference with land protected as an actionable-per-se tort; covers entry, remaining, and objects placed on land, plus airspace limits, the historical action on the case, and criminal trespass statutes.

Trespass to land

Trespass to land (trespass quare clausum fregit) is the common-law tort of intentional, unauthorized physical entry onto land possessed by another, actionable per se with nominal damages, subject to consent and private-necessity defenses.

Trespasser

Trespasser: a person who enters or remains on another's property without permission or legal authority. Trespass to land (trespass quare clausum fregit) is an intentional tort actionable without damage, sometimes a crime, with defenses of necessity and consent.

Triple talaq in India

Triple talaq (talaq-e-biddat) is instant, irrevocable unilateral Islamic divorce by pronouncing talaq three times. India's Supreme Court declared it unconstitutional in Shayara Bano (2017), and the Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized it with up to three years' imprisonment.

TRIPS Agreement

The TRIPS Agreement, or Trade-Related Aspects of Intellectual Property Rights, is a WTO treaty setting minimum intellectual property standards for all members, signed in Marrakesh in 1994.

Troxel v. Granville

Troxel v. Granville, 530 U.S. 57 (2000): Supreme Court case striking down Washington's RCW 26.10.160(3) as applied, holding fit parents' visitation decisions get special weight under Fourteenth Amendment due process, over grandparent visitation.

Trust (law)

Trust (law): a fiduciary arrangement in which a settlor transfers assets to a trustee holding legal title for a beneficiary, originating in medieval English uses and recognized internationally under the 1985 Hague Trusts Convention.

Trust law in South Africa

Trust law in South Africa governs trusts, arrangements where a founder transfers property to trustees to administer for beneficiaries, under the Trust Property Control Act 57 of 1988.

Trust reception in civil-law systems

Trust reception in civil-law systems is how civil-law countries recognize the English trust, chiefly through the 1985 Hague Trusts Convention and domestic substitutes like the fiducie.

Trustee

Trustee: person or corporation holding legal title to trust property for beneficiaries under fiduciary duties of loyalty, care, and impartiality; also board members and US township trustees. Distinct from executors and agents.

Trustee Act 2000

Trustee Act 2000 (2000 c. 29), UK Act for England and Wales assented 23 November 2000, giving trustees a general power of investment, a statutory duty of care, land acquisition powers, and agent, nominee and custodian provisions.

Types of adoption under Canadian law

Types of adoption under Canadian law are the statutory categories, chiefly public, private, relative and step-parent, and adult adoption, defined differently by each province and territory.

Unconscionability

Unconscionability, also called the unconscionability defense in contract law, lets courts refuse to enforce unfair contracts split into procedural (formation abuse, unequal bargaining) and substantive (harsh terms) components, under UCC 2-302 and EU unfair-terms rules.

Undue influence

Undue influence is a legal doctrine that lets a court set aside a contract, gift, or will when excessive persuasion overcame a person's free will.

Uniform Child Custody Jurisdiction and Enforcement Act

UCCJEA, Uniform Child Custody Jurisdiction and Enforcement Act: 1997 uniform state law replacing the UCCJA, setting home-state priority jurisdiction and interstate enforcement of custody orders; adopted in 49 states plus DC, territories; Massachusetts excepted.

Uniform Civil Code

The Uniform Civil Code (UCC), also called the Common Civil Code, is a proposed common civil law for India covering marriage, divorce, adoption and succession, replacing religion-based personal laws.

Uniform Parentage Act

Uniform Parentage Act (UPA): ULC model law on establishing legal parent-child relationships, promulgated 1973, revised 2002 and 2017; covers presumptions, acknowledgments, genetic testing, assisted reproduction, surrogacy, and de facto parents.

Uniform Premarital Agreement Act

The Uniform Premarital Agreement Act is a uniform act drafted by the Uniform Law Commission and approved in 1983 to give states a common basis for enforcing premarital agreements.

Uniform Reciprocal Enforcement of Support Act

Uniform Reciprocal Enforcement of Support Act (URESA), a 1950 NCCUSL model law adopted by all 50 U.S. states for interstate child support enforcement without travel, amended 1952, 1958, revised 1968, replaced by UIFSA in 1996.

United States defamation law

United States defamation law covers libel and slander claims under state tort law, shaped by New York Times v. Sullivan's actual-malice standard for public officials and figures, Gertz rules for private plaintiffs, and state anti-SLAPP statutes.

United States trust law

United States trust law: state-law doctrine governing trustee-beneficiary property arrangements, diverging from English law via settlor-intent primacy, spendthrift trusts, the Claflin doctrine, the Restatements, and the Uniform Trust Code adopted by most states.

United States v. Carroll Towing Co.

United States v. Carroll Towing Co. is a 1947 Second Circuit decision by Judge Learned Hand arising from the sinking of the barge Anna C in New York Harbor.

United States v. Davis (1962)

United States v. Davis, 370 U.S. 65 (1962), a Supreme Court tax case: a husband's transfer of appreciated stock to his ex-wife in a divorce settlement is a taxable event with gain measured by fair market value over basis; wife's attorney fees nondeductible; later superseded by IRC § 1041.

Unjust enrichment

Unjust enrichment is a common law claim allowing a claimant to recover, by restitution, a benefit a defendant received at the claimant's expense in unjust circumstances.

Uphaar Cinema fire

The Uphaar Cinema fire killed 59 and injured 103 at Green Park, Delhi, on 13 June 1997, when a DVB transformer fire filled the balcony with smoke during the film Border, leading to decades of litigation.

Usufruct

Usufruct (ususfructus): civil-law real right to use and enjoy another's property and its fruits while preserving its substance. Roman origin, quasi-usufruct of consumables, split with bare ownership, modern code rules, duration limits, and EU cases.

Vansittart Island

Vansittart Island (Gun-Carriage Island), Furneaux Group, Bass Strait, Tasmania: a partly freehold, partly Crown-leased island with 1830s Aboriginal relocation history, sealers' settlement, the 1912 Farsund shipwreck, and a contested 2000 Aboriginal land transfer proposal.

Variation and termination of spousal maintenance

Variation and termination of spousal maintenance are the legal processes by which a court later increases, reduces, suspends, or ends an order for spousal support between former spouses.

Vehicle leasing

Vehicle leasing, also called car leasing, is paying to use a vehicle for an agreed time and mileage instead of buying it, covering depreciation plus fees.

Vehicular homicide

Vehicular homicide, also called vehicular manslaughter or automobile homicide, is the crime of causing another's death through unlawful, negligent, or reckless vehicle operation, with elements and penalties defined state by state.