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Dictionary of Law |
transferred intent :: legal definitionTransferred 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 Termsadvisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suitarrest :: 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 Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity 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 - TT.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining ordertainted 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 |