Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Read the full definition of Damages on Duhaime.org
Dangerous offender
A person convicted of serious crimes and who is likely to re-offend. Read the full definition of Dangerous offender on Duhaime.org
Deadbeat Dad
A father who ignores a Court order to pay child support. Read the full definition of Deadbeat Dad on Duhaime.org
Death
Irreversible cessation of circulatory and respiratory functions and of all functions of the entire brain, including the brain stem. Read the full definition of Death on Duhaime.org
Death Duties
Tax payments due to the state, incurred and payable as a result of the death of the tax-payer. Read the full definition of Death Duties on Duhaime.org
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 convicted offender. Read the full definition of Death Penalty on Duhaime.org
De Bene Esse
To take something for what it is worth, such as evidence collected for the time being, in the absence of, but in anticipation of, litigation, admissibility to be determined when such thing is sought to be used against another at trial. Read the full definition of De Bene Esse on Duhaime.org
De Bonis Non
Assets not yet administered. Read the full definition of De Bonis Non on Duhaime.org
Debt
An amount of money due and payable, from one person to another. Read the full definition of Debt on Duhaime.org
Debtor
A person who owes money, goods or services to another, the latter being referred to as the creditor. Read the full definition of Debtor on Duhaime.org
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. Read the full definition of Decapitation on Duhaime.org
Decedent
An individual who has died. Read the full definition of Decedent on Duhaime.org
Decree Absolute
The name given to a final and conclusive court order after the condition of an interim or intervening order (decree nisi) is met. Read the full definition of Decree Absolute on Duhaime.org
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. Read the full definition of Decree Nisi on Duhaime.org
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. Read the full definition of Deed on Duhaime.org
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. Read the full definition of Deem on Duhaime.org
De facto
Latin: as a matter of fact; something which, while not necessarily lawful or legally sanctified, exists in fact. Read the full definition of De facto on Duhaime.org
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. Read the full definition of Defalcation on Duhaime.org
Defamation
An attack on the good reputation of a person, by slander or libel. Read the full definition of Defamation on Duhaime.org
Defamatory Libel
Deliberate publication of defamatory lies which the publisher knows to be false. Read the full definition of Defamatory Libel on Duhaime.org
Defeasance
A side-contract which contains a condition which, if realized, could defeat the main contract. Read the full definition of Defeasance on Duhaime.org
Defendant
The individual, 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. Read the full definition of Defendant on Duhaime.org
Defense Attorney or Defence Counsel
Lawyers who represent persons facing criminal charges. Read the full definition of Defense Attorney or Defence Counsel on Duhaime.org
Dehors
French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate. Read the full definition of Dehors on Duhaime.org
De jure
Latin: 'of the law.' The term has come to describe a total adherence of the law. Read the full definition of De jure on Duhaime.org
Delegatus Non Potest Delegare
Latin: a delegate cannot delegate. Read the full definition of Delegatus Non Potest Delegare on Duhaime.org
Delict
A civil law term which imposes liability on a person who causes injury to another, or for injury caused by a person or thing under his custody. Read the full definition of Delict on Duhaime.org
Delusion
A firm yet irrational belief and which may affect an individual's capacity to contract. Read the full definition of Delusion on Duhaime.org
Demand Letter
A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is allegedivy due or in default. Read the full definition of Demand Letter on Duhaime.org
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. Read the full definition of Demarche on Duhaime.org
De Minimis Non Curat Lex
Latin: a common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law. Read the full definition of De Minimis Non Curat Lex on Duhaime.org
Democracy
A form of government in which the people freely govern themselves; where the executive (or administrative) and law-making (or legislative) power is given to persons chosen by the population; the free people. Read the full definition of Democracy on Duhaime.org
Demurrage
A term of maritime law which refers to the damages payable by a ship charterer, to the ship owner, as compensation for lost time; where a chartered ship is not returned to the owner on a specified date. Read the full definition of Demurrage on Duhaime.org
Demurrer
A mostly obsolete 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. Read the full definition of Demurrer on Duhaime.org
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. Read the full definition of De novo on Duhaime.org
Deportation
The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare. Read the full definition of Deportation on Duhaime.org
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). Read the full definition of Deposition on Duhaime.org
Derelict
Property that has been abandoned; especially in maritime law: a ship that is floundering or in peril and which the crew has been abandoned without hope for recovery or with no intention of saving the ship or of returning thereto. Read the full definition of Derelict on Duhaime.org
Descendant
Those person who are born of, or from children of, another are called that person's descendants. Read the full definition of Descendant on Duhaime.org
Detention
The exercise of an element of physical constraint of an individual. Read the full definition of Detention on Duhaime.org
Deterrence
A principle or objective of sentencing a person guilty of a crime which ensures that the punishment is sufficient to deter the guilty person, and others, from committing the same crime. Read the full definition of Deterrence on Duhaime.org
Detinue
A common law action similar to conversion and also involving the possession of property by the plaintiff may also ask for damages for the duration of the possession. Read the full definition of Detinue on Duhaime.org
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. Read the full definition of Devastavit on Duhaime.org
Devise
The transfer or conveyance of real property by will. Read the full definition of Devise on Duhaime.org
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. Read the full definition of Dicta or Dictum on Duhaime.org
Dictatorship
A form of government with a single person as decision-maker; a single ruler. Read the full definition of Dictatorship on Duhaime.org
Diligence
The degree of attention or care required of a person in a given situation. Read the full definition of Diligence on Duhaime.org
Diplomacy
Peaceful representations between states. Read the full definition of Diplomacy on Duhaime.org
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. Read the full definition of Diplomat on Duhaime.org
Diplomatic Immunity
Immunity extended to diplomat officers from criminal and civil jurisdiction of their host state. Read the full definition of Diplomatic Immunity on Duhaime.org
Directed Verdict
When the Court stops a trial determining that an essential fact has not been proven. Read the full definition of Directed Verdict on Duhaime.org
Direct Evidence
Evidence tendered in trial in the form of recounting of personal observations or a document which directly establishes a fact sought to be proven. Read the full definition of Direct Evidence on Duhaime.org
Direct Tax
A tax demanded from the very persons who it is intended or desired should pay it. Read the full definition of Direct Tax on Duhaime.org
Disability Insurance
An insurance contract in which the insurer agrees to pay money or to other benefits in the event that the person insured becomes disabled. Read the full definition of Disability Insurance on Duhaime.org
Disbursement
Miscellaneous expenses other than lawyer fees and court costs (i.e. filing fees) which paid on behalf of another person and for which reimbursement will eventually be demanded of that person. Read the full definition of Disbursement on Duhaime.org
Discharge
A sentence of a person found guilty of a crime in which that person does not receive a criminal record of conviction, either absolutely or conditionally. Read the full definition of Discharge on Duhaime.org
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. Read the full definition of Discretionary Trust on Duhaime.org
Discrimination
A distinction based on the personal characteristics of an individual resulting in some disadvantage to that individual. Read the full definition of Discrimination on Duhaime.org
Disrate
A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion. Read the full definition of Disrate on Duhaime.org
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. Read the full definition of Dissent on Duhaime.org
Dissolution
The act of ending, terminating or winding-up a company or state of affairs. Read the full definition of Dissolution on Duhaime.org
Distraint
The right of a landivord 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. Read the full definition of Distraint on Duhaime.org
Distress
A common law remedy available to landivords to hold the tenant's belongings while the tenant is behind on rent but continues to occupy the premises. Read the full definition of Distress on Duhaime.org
District Attorney
A lawyer in the USA charged with prosecution of criminal charges on behalf of the government. Read the full definition of District Attorney on Duhaime.org
Diversity Jurisdiction
Jurisdiction of a US federal court to dispose of a matter meeting a monetary threshold even though it involves residents of different states. Read the full definition of Diversity Jurisdiction on Duhaime.org
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. Read the full definition of Dividend on Duhaime.org
Divorce
The final, legal ending of a marriage, by Court order. Read the full definition of Divorce on Duhaime.org
Divorce a Mensa et Thoro
An obselete form of divorce order which did not end the marriage but allowed the parties to reside separate; in effect, a legal or judicially-sanctioned separation of two married persons. Read the full definition of Divorce a Mensa et Thoro on Duhaime.org
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'). Read the full definition of DNA on Duhaime.org
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. Read the full definition of Docket on Duhaime.org
Doctrine
A rule or principle or the law established through the repeated application of legal precedents. Read the full definition of Doctrine on Duhaime.org
Domestic Animal
A pet; dogs, cats or other tame animals or birds and which serve some purpose for its owner or others. Read the full definition of Domestic Animal on Duhaime.org
Domicile
The permanent residence of a person; a place to which, even if he or she were temporary absent, they intend to return. Read the full definition of Domicile on Duhaime.org
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. Read the full definition of Dominant Tenement on Duhaime.org
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. Read the full definition of Dominion utile on Duhaime.org
Dominium directum
Latin: the qualified ownership of a landivord, not having possession or use of property but retaining ownership. Read the full definition of Dominium directum on Duhaime.org
Domitae Naturae
Animals which are of a nature easily tamed and may be readily domesticated such as cats, dogs, farm animals and some birds. Read the full definition of Domitae Naturae on Duhaime.org
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. Read the full definition of Donatio Mortis Causa on Duhaime.org
Donee
Another word to describe the beneficiary of a trust. Read the full definition of Donee on Duhaime.org
Donor
The person who donates property to the benefit of another, usually through the legal mechanism of a trust. Read the full definition of Donor on Duhaime.org
Double Jeopardy
A prohibition against being tried or sentenced twice for the same offense. Read the full definition of Double Jeopardy on Duhaime.org
Dower
A widow's life estate interest in her husband's real property if he died intestate. Read the full definition of Dower on Duhaime.org
Duces Tecum
Latin: bring with you. Read the full definition of Duces Tecum on Duhaime.org
Due process
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. Read the full definition of Due process on Duhaime.org
Dum casta
Latin: for so long as she remains chaste. Read the full definition of Dum casta on Duhaime.org
Dum sola
Latin: for so long as she remains unmarried. Read the full definition of Dum sola on Duhaime.org
Dum vidua
Latin: for so long as she remains a widow. Read the full definition of Dum vidua on Duhaime.org
Dunnage
Materials used by ships to secure and protect cargo. Read the full definition of Dunnage on Duhaime.org
Duplex
A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other. Read the full definition of Duplex on Duhaime.org
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'. Read the full definition of Duress on Duhaime.org