Latin for Lawyers

TRANSACTIONAL IMMUNITY

tion to do business in a particular state. The issue in these cases is the extent to which the corporation has engaged in business in a particular place. TRANSACTIONAL IMMUNITY Immunity from prosecution granted by a prosecutor to an accused or co-con spirator to obtain his testimony as a witness against another accused. The immunity extends to any prosecution based upon the particular crime testified about. Transactional immunity must be contrasted with use immunity, which extends immunity only to the specific testimony of the witness; that testi mony may not be used against him, but the prosecutors is not precluded from obtaining and introducing other testimony to convict the witness. Transac tional immunity is rarely granted by federal prosecutors. See IMMUNITY FROM PROSECUTION TRANSCRIBE, TRANSCRIPT, TRANSCRIPTION [L. trans / over, across + scribo , scribere / to engrave, to write] Transcribe: To make a copy of. To write down. To summarize or make a record of. To record. To transfer from one place of record to another. In music, to record for later play or broadcast. Transcript: A copy. The record of a trial or proceeding prepared by a court reporter or stenographer. A word for-word reproduction of the testimony, arguments, rulings and instructions during a trial. Also, the printed record prepared for submission to an appellate court. Transcription: anything transcribed, but especially a musical composi tion or performance, or a recording made for broadcast. TRANSFER [L. trans / over across + fero , ferre / to bear, carry] To carry or convey from any place or from one person or thing to another place, person or thing. To pass something from one place to another or from one person to another. To deliver possession of. To convey title from one per son to another. To do or perform any act, e.g., a sale, gift or assignment, the consequence of which is a change in possession or title to property. Also, the instrument which operates to effect a transfer, e.g., a deed, trust instrument or bill of sale. The transfer of jurisdiction is the movement of a case from a state court to a federal court, or from one state or federal court to another, when the relationship of the parties or the nature of the action require transfer. A trans fer tax is a tax upon the transfer of property, e.g., federal estate and gift taxes. TRANSFER AGENT A transfer agent is an agency, e.g., a bank or other institution, which is appointed to handle and record the transfers of shares for a publicly held cor poration. The duties of the agent include accepting shares for transfer, issuing new or replacement shares, mailing dividend checks, and maintaining the official roster of shareholders for voting and distribution purposes.

422