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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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