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Glossary
Damages
A cash compensation ordered by a court to offset losses or
suffering caused by another's fault or negligence. Damages are
a typical request made of a court when persons sue for breach
of contract or tort.
Death penalty
Also known as capital punishment. The most severe form of
corporal punishment. Forms of the death penalty include
hanging, lethal injection, gassing, firing squad and has
included use of the guillotine.
Debtor
One who owes money, goods or services to another, the latter
being referred to as the creditor.
Decapitation
The act of beheading a person, usually instantly such as with
a large and heavy knife or by guillotine, as a form of capital
punishment. This form of capital punishment is still in use in
some Arab countries, notably Saudi Arabia.
Decree absolute
The name given to the final and conclusive court order after
the condition of a decree nisi (which see) is met.
Decree nisi
A provisional decision of a court not having force or effect
until a certain condition is met, such as another petition
being brought before the court, or after the passage of a
period time. Although no longer required in many
jurisdictions, this was the model for divorce procedures
wherein a court would issue a decree nisi, which would have no
force or effect until a period of time passed (30 days or 6
months). When the conditions are met, the decision becomes a
decree absolute (which see).
Deed
A written and signed document setting out the actions that
must be carried out or recognitions of the parties towards a
certain object. Under older common law, a deed had to be
sealed; that is, accompanied not only by a signature but with
an impression on wax onto the document. The word deed is also
most commonly used in the context of real estate because these
transactions must usually be signed and in writing.
Deem
To accept a document or an event as conclusive of a certain
status in the absence of evidence or facts which would
normally be required to prove that status. For example, in
matters of child support, a decision of a foreign court could
be "deemed" to be a decision of the court of another for the
purpose of enforcement.
De facto
Latin: as a matter of fact; something which exists in fact
even if not necessarily lawful or legally sanctioned. For
instance, a common law spouse may be referred to as a de facto
wife or de facto husband: although not legally married, they
live and carry on their lives as if married. A de facto
government is one which has seized power by force or in any
other unconstitutional method and governs in spite of the
existence of a de jure (which see) government.
Defalcation
1. Defaulting on a debt or other obligation by one who has to
account for public or trust funds. Usually used in the context
of public officials. 2. Defalcation has another legal meaning,
referring to the setting-off of two debts owed between two
people by the agreement to a new amount representing the
balance. For instance, A owes $10 to B and B owes A $3; they
agree to "defalk" , resulting in A now owing $7 to B. The two
previous debt instruments are canceled and replaced by the new
one. See also "novation".
Defamation
An attack on the good reputation of a person, by slander or
libel (which see).
Default Judgment
A judgment rendered in favor of the plaintiff because of the
defendant's failure to answer or appear to contest the
plaintiff's claim.
Defeasance
A side-contract containing a condition which, if realized,
could defeat the main contract. The common English usage of
the word "defeasance" has also become acceptable in law,
referring to a contract that is susceptible to being declared
void as in "immoral contracts are susceptible to defeasance."
Defendant
The person, company or organization defending a legal action
taken by a plaintiff. The court will be asked to order damages
or specific corrective action to redress some type of unlawful
or improper action alleged by the plaintiff against the
defendant.
Dehors
French for outside. In the context of legal proceedings, it
refers to that which is irrelevant or outside the scope of the
debate.
De jure
Latin: "of the law." The term has come to describe a total
adherence of the law. For example, a de jure government is one
which has been created in respect of constitutional law. It
will be in all ways legitimate even though a de facto
government may be in control.
Delegatus non potest delegare
One of the pivotal principles of administrative law: that a
delegate cannot delegate. In other words, a person to whom an
authority or decision-making power has been delegated to from
a higher source, cannot, in turn, delegate it again to
another, unless the original delegation explicitly so
authorizes.
Demand letter
A letter from a lawyer, on behalf of a client, that demands
payment or some other action, which is in default. A demand
letter sets out why the payment or action is claimed, how it
should be carried out (e.g. payment in full), instructions for
replying, and a deadline for the reply. Demand letters are not
always prerequisites for a legal suit but there are
exceptions, such as legal action on promissory notes or if the
contract requires it. They are often used in business contexts
as a courtesy attempt to maintain some goodwill between
business parties. They often prompt payment, avoiding
expensive litigation since a demand letter often contains the
"threat" that if it is not responded to, the next
communication between the parties will be through a court of
law in the form of formal legal action.
Demarche
A coined word created by diplomats, referring to a strongly
worded warning by one country to another and often, either
explicitly or implicitly, with the threat of military
consequence. Demarches are often precursors to hostilities or
war.
De minimis non curat lex
Latin: "the law does not concern itself with trifles". A
common law principle whereby judges will not sit in judgment
of extremely minor transgressions of the law.
Demurrer
A motion put to a trial judge by the defendant, asking the
court to reject the petition of the plaintiff because of a
lack of basis in law or insufficient evidence . This occurs
after the plaintiff has completed his or her case. The
defendant is neither objecting to the facts presented nor
responding by a full defense. This motion has been abolished
in many states and, instead, any such arguments are to be made
while presenting a regular defense to the petition.
De novo
Latin: new. This term is used to refer to a trial which starts
over, wiping the slate clean and beginning all over again, as
if any previous partial or complete hearing had not occurred.
Deportation
To remove a foreign national to his home country or another
country, under immigration laws. Such removal is usually based
on reasons such as illegal entry or conduct dangerous to the
public welfare. Grounds for deportation vary from country to
country.
Deposition
The official statement by a witness taken in writing (as
opposed to testimony which where a witnesses give their
perception of the facts verbally). Affidavits are the most
common kind of depositions.
Descendant
One who is born of, or from children of, another is called
that person's descendant. Grandchildren are descendants of
their grandfather, as children are descendants of their
natural parents. The law also distinguishes between collateral
descendants and lineal descendants (which see).
Detinue
A common law action involving the possession of property by
the defendant but belonging to the plaintiff, asking the court
for the return of the property. The plaintiff may also ask for
damages for the duration of the possession. See also
"conversion".
Devastavit
Latin for "he has wasted." A technical term referring to a
personal representative who has mismanaged an estate and
allowed an avoidable loss to occur. This action opens the
personal representative to personal liability for the loss.
Devise
The transfer or conveyance of real property by will.
Dicta or dictum
Latin: an observation by a judge on a matter not specifically
before the court or not necessary in determining the issue
before the court; a side opinion which does not form part of
the judgment for the purposes of stare decisis. May also be
called "obiter dictum."
Diplomat
An official representative of a government, present in another
country for the purposes of general representation of the
state-of-origin or for the purpose of specific international
negotiations on behalf of the diplomat's state-of-origin.
Discovery
The process by which lawyers learn about their opponent's case
in preparation for trial. Typical tools of discovery include
depositions, interrogatories, requests for admissions, and
requests for documents. All of these devices help the lawyer
learn the relevant facts and collect and examine any relevant
documents or other materials.
Discretionary trust
A trust in which the settlor has given the trustee full
discretion to decide which (and when) members of a group of
beneficiaries are to receive either the income or the capital
of the trust.
Disrate
A term of maritime law meaning an officer or other seaman is
either demoted in rank or deprived of a promotion.
Dissent
To disagree. The word is used in legal circles referring to
the minority opinion of a judge which runs contrary to the
conclusions of the majority.
Dissolution
The act of ending, terminating or winding-up a company or
state of affairs. For example, when the life of a company is
ended by normal legal means, it is said to be "dissolved". The
same is said of marriage or partnerships which, by
dissolution, end the legal relationship between those persons
formally joined by the marriage or partnership.
Distraint
The right of a landlord to seize the property of a tenant in
the premises rented by the tenant, as collateral. This
collateral is against a tenant who has not paid the rent or
has otherwise defaulted on the lease, such as wanton disrepair
or destruction of the premises. A common way to "distrain"
against a tenant is by changing locks and giving notice to the
tenant. A legal action to reclaim goods that have been
distrained is called replevin (which see).
Dividend
A proportionate distribution of profits made in the form of a
money payment to shareholders, by a for-profit corporation.
Dividends are declared by a company's board of directors.
Divorce
The final, legal ending of a marriage, by court order.
DNA
Abbreviation for deoxyribonucleic acid which is a chromosome
molecule carrying genetic coding unique to each person with
the only exception being identical twins. That is why it is
also called "DNA fingerprinting". Through a laboratory
process, DNA can be extracted from body tissue such a strand
of hair, semen, or blood and be matched against DNA discovered
at a crime scene or on a victim. This evidence may be used to
scientifically implicate an accused. It can also be used to
match DNA between parents in a paternity suit.
Docket
An official court record book listing all the cases before the
court and which may also note the status or action required
for each case.
Doctrine
A rule or principle of the law established through the
repeated application of legal precedents.
Domicile
The permanent residence of a person; a place to which, even if
he or she were temporarily absent, they intend to return. In
law, it is said that a person may have many residences but
only one domicile.
Dominant tenement
Used when referring to easements to specify that property
(i.e. tenement) or piece of land that benefits from, or has
the advantage of, an easement.
Dominion directum
Latin: the qualified ownership of a landlord, not having
possession or use of property but retaining ownership. Used in
feudal English land systems to describe the King's ownership
of all the land, even though most of it was lent out to lords
for their exclusive use and enjoyment.
Dominion utile
Latin: the property rights of a tenant. While not owning the
property in a legal sense, the tenant, as having "dominion
utile", enjoys full and exclusive possession and use of the
property while he is tenant.
Donatio mortis causa
A death-bed gift, made by a dying person, with the intent that
the person receiving the gift shall keep the thing if death
ensues. Such a gift is exempted from the estate of the
deceased as property is automatically conveyed upon death. In
most jurisdictions, real property cannot be transferred by
these death-bed gifts.
Donee
Another word describing the beneficiary of a trust. Also used
to describe the person who is the recipient of a power of
attorney; the person who would have to exercise the power of
attorney.
Donor
The person donating property for the benefit of another,
usually through the legal mechanism of a trust. Some countries
refer to the trust donor as a "settlor." Also used to describe
the person who signs a power of attorney.
Duces tecum
Latin: bring with you. Used most frequently for a species of
subpoena (as in "subpoena duces tecum") which seeks not so
much the appearance of a person before a court of law, but the
surrender of a thing (e.g. a document or some other evidence)
by its holder, to the court, to serve as evidence in a trial.
Due process
A term of US law referring to fundamental procedural legal
safeguards to which every citizen has an absolute right when a
state or court purports to take a decision that could affect
any right of that citizen. The most basic right protected
under the due process doctrine is the right to be given
notice, and the opportunity to be heard. The term is now also
in use in other countries, again to refer to basic fundamental
legal rights such as the right to be heard.
Dum casta
Latin: for so long as she remains chaste. Separation
agreements years ago used to contain dum casta clauses which
said that if the woman were to start another relationship, she
forfeited her entitlement to maintenance.
Dum sola
Latin: for so long as she remains unmarried.
Dum vidua
Latin: for so long as she remains a widow.
Duplex
A house having separate but complete facilities to accommodate
two families, either as adjacent units or one on top of the
other.
Duress
Threats or force of another preventing a person from acting
(or not acting) according to their free will is said to be
placing that person "under duress". Contracts signed under
duress are voidable. In many places, conviction of a crime is
prevented if one can prove that he was forced or threatened
into committing the crime (although this defense may not be
available for serious crimes).
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