Latin for Lawyers

L ATIN FOR L AWYERS

TRANSFEREE LIABILITY The liability of a person taking title to property from another to a creditor of the transferor, especially a tax creditor. In the case of taxes owed to the Inter nal Revenue Service, the transferree will be expected to make good any tax liability left unpaid by the transferror, to the full extent of the value of the property transferred. TRANSFERRED INTENT Transferred intent is a doctrine of criminal and tort law which makes the per petrator liable for all the consequences of the act which he intended to per form, whether or not he intended the specific consequences which developed from his act. For example, if C fires a gun with intent to shoot A but shoots B instead, his intent to commit a crime against A will be transferred to B, even though C did not intend to shoot B. TRANSGRESS [L. transgredior, transgredi / to cross or pass over] To violate a command or order. To exceed prescribed limits. To trespass. To commit a wrong or violation. TRANSITORY ACTION An action or litigation that may be brought or pursued anywhere the defen dant may be found and served, i.e., a law suit that does not depend upon some local element which might cause a court to reject or dismiss the action for lack of jurisdiction or under the doctrine of forum non conveniens. Actions dependent upon some local element are called local actions. Generally, in rem actions would be considered local and in personam actions transitory. See FORUM NON CONVENIENS; IN REM; IN PERSONAM TRANSIT TERRA CUM ONERE (Title to) land passes along with its burdens and encumbrances. TRANSMIT [L. trans / across + mitto , mittere / to send, dispatch] To send, convey or carry from one place to another. To cause to spread. To give through inheritance or intestacy. To send out or broadcast a signal over radio or other electronic medium. To send to a bank or other agent for collec tion. To pay or submit for payment. A transmittal letter is a letter which accompanies and refers to the delivery or execution of a document attached to or accompanying the letter. TRAVERSE [L. trans / across + verso , versare / to spin around, to twist around] To move in opposition to. To cross or go over. To deny or challenge. To deny an allegation in a complaint or other pleading or indictment. Also, a general

423