Law Dictionary Definitions

Takings Clause.The Fifth Amendment provision that prohibits the government from taking private property for public use without fairly compensating the owner. — Also termed Just Compensation Clause. See EMINENT DOMAIN. [Cases: Eminent Domain 69, 70. C.J.S. Eminent Domain §§ 71–72, 198–199.] [Blacks Law 8th]

taking a case from the jury.See directed verdict under VERDICT [Blacks Law 8th]

[Cases: Eminent Domain 2. C.J.S. Eminent Domain §§ 6–8, 13, 82–83, 87–88, 106–107.] actual taking.See physical taking. de facto taking (di fak-toh).1. Interference with the use or value or marketability of land in anticipation of condemnation, depriving the owner of reasonable use and thereby triggering the obligation to pay just compensation. 2. A taking in…

taking,n.1.Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. constructive taking.An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted with the possession of…

take up,vb.1. To pay or discharge (a note). [Cases: Bills and Notes 428, 436. C.J.S. Bills and Notes; Letters of Credit§§ 100, 231, 234–236, 238, 240, 242, 244–248.] 2. To retire (a negotiable instrument); to discharge one’s liability on (a negotiable instrument), esp. the liability of an indorser or acceptor. 3. To purchase (a note).…

take the witness.You may now question the witness. • This phrase is a lawyer’s courtroom announcement that ends one side’s questioning and prompts the other side to begin its questioning. Synonymous phrases are your witness and pass the witness. [Blacks Law 8th]

take the Fifth.To assert one’s right against self-incrimination under the Fifth Amendment. • A common but loose variant of the phrase is plead the Fifth: invoking the right is not a plea. See RIGHT AGAINST SELF-INCRIMINATION N. [Cases: Witnesses 297. C.J.S. Witnesses § 522.] [Blacks Law 8th]

taker,n. A person who acquires; esp., one who receives property by will, by power of appointment, or by intestate succession. [Cases: Wills 492–495. C.J.S. Wills §§ 902–905, 928, 956, 964–966.] first taker.A person who receives an estate that is subject to a remainder or executory devise. presumptive taker.A person who would take under the applicable…

takeover offer.See TENDER OFFER. [Blacks Law 8th]

target offense.See object offense under OFFENSE(1). [Blacks Law 8th]