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Legal Dictionary D
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.
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Death penalty :
Also known as capital punishment, this is the most severe form of
corporal punishment as it is requires law enforcement officers to kill
the offender. Forms of the death penalty include hanging from the neck,
gassing, firing squad and has included use of the guillotine.
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Debtor :
A person who owes money, goods or services to another, the latter
being referred to as the creditor.
DECISION: The judgment rendered by a court after a consideration of the facts and legal issues before it.
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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.
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Decendent :
a deceased person
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Decree absolute :
The name given to the final and conclusive court order after the
condition of a decree nisi is met.
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Decree nisi :
A provisional decision of a court which does not have force or
effect until a certain condition is met such as another petition brought
before the court or after the passage of a period time, after which it
is called a decree absolute. 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).
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Deed :
A written and signed document which sets out the things that have to
be done 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.
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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.
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De facto :
Latin: as a matter of fact; something which, while not necessarily
lawful or legally sanctified, exists in fact. A common law spouse may be
referred to 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 government.
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Defalcation :
1. Defaulting on a debt or other obligation such 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. I owe you $7 and you owe me $3; we agree to
"defalk"; the result is that I owe you $4. This is a type of novation.
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Defamation :
An attack on the good reputation of a person, by slander or libel.
DEED: A written legal document that describes a piece of property and outlines its boundaries. The seller of a property transfers ownership by delivering the deed to the buyer in exchange for an agreed upon sum of money.
DEFAMATION: The publication of a statement that injures a person's reputation. Libel and slander are defamation.
DEFAULT: The failure to fulfill a legal obligation, such as neglecting to pay back a loan on schedule.
DEFAULT JUDGMENT: A ruling entered against a defendant who fails to answer a summons in a lawsuit.
DEFENDANT: In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.
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Defeasance :
A side-contract which contains 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."
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Defendant :
The person, company or organization who defends a legal action taken
by a plaintiff and against whom the court has been asked to order
damages or specific corrective action redress some type of unlawful or
improper action alleged by the plaintiff.
DEFINED BENEFIT PLAN: A type of retirement plan that specifies how much in benefits it will pay out to a retiree.
DEFINED CONTRIBUTION PLAN: Also called an individual account plan. A type of retirement plan in which the employer pays a specified amount of money each year, which is then divided among the individual accounts of each participating employee. Profit-sharing, employee stock ownership and 401(k) plans are all defined contribution plans.
DEPOSITION: Part of the pre-trial discovery (fact-finding) process in which a witness testifies under oath. A deposition is held out of court with no judge present, but the answers often can be used as evidence in the trial.
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Dehors :
French for outside. In the context of legal proceedings, it refers
to that which is irrelevant or outside the scope of the debate.
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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 and is in all ways legitimate
even though a de facto government may be in control.
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Delegatus non potest delegare
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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, canot,
in turn, delegate again to another, unless the original delegation
explicitly authorized it.
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Demand letter :
A letter from a lawyer, on behalf of a client, that demands payment
or some other action, which is in default. 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. Basically, a
demand letter sets out why the payment or action is claimed, how it
should be carried out (eg. payment in full), directions for the reply
and a deadline for the reply. Demand letters are often used in business
contexts because they are a courtesy attempt to maintain some goodwill
between business parties and they often prompt payment, avoiding
expensive litigation. A demand letter often contains the "threat" that
if it is not adhered to, the next communication between the parties will
be through a court of law in the form of formal legal action.
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Demarche :
A word coined by the diplomatic community and 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. In September,
1996, for example, US President Clinton issued a demarche to Iraqi
President Saddam Hussein when intelligence reports showed troops massing
along the border of Kurd communities.
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De minimis non curat lex :
Latin: a common law principle whereby judges will not sit in
judgement of extremely minor transgressions of the law. It has been
restated as "the law does not concern itself with trifles".
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Demurrer :
This is a motion put to a trial judge after the plaintiff has
completed his or her case, in which the defendant, while not objecting
to the facts presented, and rather than responding by a full defence,
asks the court to reject the petition right then and there because of a
lack of basis in law or insufficiency of the evidence. This motion has
been been abolished in many states and, instead, any such arguments are
to be made while presenting a regular defence to the petition.
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De novo :
Latin: new. This term is used to refer to a trial which starts over,
which wipes the slate clean and begins all over again, as if any
previous partial or complete hearing had not occurred.
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Deportation :
The removal of a foreign national under immigration laws for reasons
such as illegal entry or conduct dangerous to the public welfare. The
grounds for deportation varies from country to country.
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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.
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Descendant :
Those person who are born of, or from children of, another are
called that person's descendants. Grandchildren are descendants of their
grandfather as children are descendants of their natural parents. The
law also distinguishes between collateral descendants and lineal
descendants.
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Detinue :
A common law action similar to conversion and also involving the
possession of property by the defendant but belonging to the plaintiff
but in which the plaintiff asks the court for the return of the
property, although the plaintiff may also ask for damages for the
duration of the possession.
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Devastavit :
Latin for "he has wasted." This is the technical word referring to a
personal representative who has mismanaged the estate and allowed an
avoidable loss to occur. This action opens the personal representative
to personal liability for the loss.
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Devise :
The transfer or conveyance of real property by will.
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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."
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Diplomat :
An official representative of a state, present in another state 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.
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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 is to
receive either the income or the capital of the trust.
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Disrate :
A term of maritime law where an officer or other seaman is either
demoted in rank or deprived of a promotion.
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Dissent :
To disagree. The word is used in legal circles to refer to the
minority opinion of a judge which runs contrary to the conclusions of
the majority.
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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, ends the legal relationship
between those persons formally joined by the marriage or partnership.
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Distraint :
The right of a landlord to seize the property of a tenant which is
in the premises being rented, as collateral against a tenant that 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.
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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.
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Divorce :
The final, legal ending of a marriage, by Court order.
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DNA :
Abbreviation for deoxyribonucleic acid. A chromosome molecule which
carries genetic coding unique to each person with the only exception of
identical twins (that is why it is also called "DNA fingerprinting").
Through laboratory process, DNA can be extracted from body tissue such a
strand of hair, semen, blood and matched against DNA discovered at a
crime scene or on a victim to scientifically implicate an accused. Can
also be used to match DNA between parents in a paternity suit.
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Docket :
An official court record book which lists all the cases before the
court and which may also note the status or action required for each
case.
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Doctrine:
A rule or principle or the law established through the repeated
application of legal precedents.
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Domicile :
The permanent residence of a person; a place to which, even if he or
she were temporary absence, they intend to return. In law, it is said
that a person may have many residences but only one domicile.
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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.
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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.
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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.
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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.
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Donee :
Another word to describe 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.
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Donor :
The person who donates property to the benefit of another, usually
through the legal mechanism of a trust. The law books of some countries
refer to the trust donor as a "settlor." Also used to describe the
person who signs a power of attorney.
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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 (eg. a document or some other evidence) by its holder, to the
court, to serve as evidence in a trial.
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Due process :
A term of US law which refers to fundamental procedural legal
safeguards of 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 an opportunity to be heard. The
term is now also in use in other countries, again to refer to basic
fundamantal legal rights such as the right to be heard.
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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 women
were to start another relationship, she forfeited her entitlement to
maintenance.
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Dum sola :
Latin: for so long as she remains unmarried.
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Dum vidua :
Latin: for so long as she remains a widow.
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Duplex :
A house which has separate but complete facilities to accommodate
two families as either adjacent units or one on top of the other.
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Duress :
Where a person is prevented from acting (or not acting) according to
their free will, by threats or force of another, it is said to be "under
duress". Contracts signed under duress are voidable and, in may places,
you cannot be convicted of a crime if you can prove that you were forced
or threatened into committing the crime (although this defence may not
be available for serious crimes).
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