Dictionary of Law
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transferred intent :: legal definition


Transferred intent - n. in both criminal and tort (civil wrong) law, when an intent to cause harm to one person results in harm to another person instead of the intended target, the law transfers the intent to the actual harm. Examples: a) with malice aforethought Nate Nogood intends to shoot his girlfriend and misses her, and the bullet hits a passerby, killing him. Nogood may be charged with first degree murder since the intent to commit murder is transferred to the actual crime. b) Steve Swinger takes a punch at Harvey Hasgood, his hated enemy, misses Hasgood and hits Hasgood's date, Teri Truehart, in the nose, breaking it. Truehart can not only sue Swinger for damages due to the assault but can claim punitive damages because the malice against Hasgood attaches to the hit upon Truehart.

See also: intent and Related Law Terms ↓


Related Law Terms

advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporation :: n. an organization formed with state governmental ... ation public corporation securities
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - T

T.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining order
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object.
taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination
tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax.
tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax
tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes.
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer