Law · Legal Information · Justice
 

D

Legal definitions for terms and concepts beginning with D
Expand All
Collapse All
Damages
A cash compensation ordered by a court to offset losses or suffering caused by another’s fault or negligence.
Expanded Legal Definition of Damages
Dangerous Offender
A person convicted of serious crimes and who is likely to re-offend.
Expanded Legal Definition of Dangerous Offender
Day
A consecutive period of 24 hours.
Expanded Legal Definition of Day
Deadbeat Dad
A father who ignores a Court order to pay child support.
Expanded Legal Definition of Deadbeat Dad
Death
Irreversible cessation of circulatory and respiratory functions and of all functions of the entire brain, including the brain stem.
Expanded Legal Definition of Death
Death Duties
Tax payments due to the state, incurred and payable as a result of the death of the tax-payer.
Expanded Legal Definition of Death Duties
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.
Expanded Legal Definition of Death Penalty
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.
Expanded Legal Definition of De Bene Esse
Debenture
A document which creates or acknowledges a debt or loan.
Expanded Legal Definition of Debenture
De Bonis Non
Assets not yet administered.
Expanded Legal Definition of De Bonis Non
Debt
An amount of money due and payable, from one person to another.
Expanded Legal Definition of Debt
Debtor
A person who owes money, goods or services to another, the latter being referred to as the creditor.
Expanded Legal Definition of Debtor
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.
Expanded Legal Definition of Decapitation
Decedent
An individual who has died.
Expanded Legal Definition of Decedent
Deceptive Trade Practice
An intentional act or omission in the course of trade or commerce that has the tendency or capacity to mislead or create the likelihood of deception.
Expanded Legal Definition of Deceptive Trade Practice
Decree
A decision or order of government or judicial body.
Expanded Legal Definition of Decree
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.
Expanded Legal Definition of Decree Absolute
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.
Expanded Legal Definition of Decree Nisi
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.
Expanded Legal Definition of Deed
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.
Expanded Legal Definition of Deem
De Facto
Latin: as a matter of fact; something which, while not necessarily lawful, exists in fact.
Expanded Legal Definition of De Facto
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. The setting-off of two debts owed between two people by the agreement to a new amount representing the balance.
Expanded Legal Definition of Defalcation
Defamation
An attack on the good reputation of a person, by slander or libel.
Expanded Legal Definition of Defamation
Defamatory Libel
Deliberate publication of defamatory lies which the publisher knows to be false.
Expanded Legal Definition of Defamatory Libel
Defeasance
A side-contract which contains a condition which, if realized, could defeat the main contract.
Expanded Legal Definition of Defeasance
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.
Expanded Legal Definition of Defendant
Defense Attorney or Defence Counsel
Lawyers who represent persons facing criminal charges.
Expanded Legal Definition of Defense Attorney or Defence Counsel
Dehors
French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate.
Expanded Legal Definition of Dehors
De Jure
Latin: of the law.
Expanded Legal Definition of De Jure
Delegatus Non Potest Delegare
Latin: a delegate cannot delegate.
Expanded Legal Definition of Delegatus Non Potest Delegare
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.
Expanded Legal Definition of Delict
Delusion
A firm yet irrational belief and which may affect an individual's capacity to contract.
Expanded Legal Definition of Delusion
Demand Letter
A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is allegedly due or in default.
Expanded Legal Definition of Demand Letter
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.
Expanded Legal Definition of Demarche
De Minimis Non Curat Lex
Latin: a common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law.
Expanded Legal Definition of De Minimis Non Curat Lex
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.
Expanded Legal Definition of Democracy
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.
Expanded Legal Definition of Demurrage
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.
Expanded Legal Definition of Demurrer
De Novo
Latin: new.
Expanded Legal Definition of De Novo
Deportation
The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare.
Expanded Legal Definition of Deportation
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).
Expanded Legal Definition of Deposition
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.
Expanded Legal Definition of Derelict
Dereliction
The enlarging of land adjacent to water by the gradual retreat of the water line.
Expanded Legal Definition of Dereliction
Derivative Work
Intellectual property (copyright): a work that builds on, or reassembles, with some degree of originality, existing works.
Expanded Legal Definition of Derivative Work
Descendant
Those person who are born of, or from children of, another are called that person’s descendants.
Expanded Legal Definition of Descendant
Detention
The exercise of an element of physical constraint of an individual.
Expanded Legal Definition of Detention
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.
Expanded Legal Definition of Deterrence
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.
Expanded Legal Definition of Detinue
Devastavit
Latin for 'he has wasted.'
Expanded Legal Definition of Devastavit
Devise
The transfer or conveyance of real property by will.
Expanded Legal Definition of Devise
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.
Expanded Legal Definition of Dicta or Dictum
Dictatorship
A form of government with a single person as decision-maker; a single ruler.
Expanded Legal Definition of Dictatorship
Diligence
The degree of attention or care required of a person in a given situation.
Expanded Legal Definition of Diligence
Diplomacy
Peaceful representations between states.
Expanded Legal Definition of Diplomacy
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.
Expanded Legal Definition of Diplomat
Diplomatic Immunity
Immunity extended to diplomat officers from criminal and civil jurisdiction of their host state.
Expanded Legal Definition of Diplomatic Immunity
Directed Verdict
When the Court stops a trial determining that an essential fact has not been proven.
Expanded Legal Definition of Directed Verdict
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.
Expanded Legal Definition of Direct Evidence
Direct Tax
A tax demanded from the very persons who it is intended or desired should pay it.
Expanded Legal Definition of Direct Tax
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.
Expanded Legal Definition of Disability Insurance
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.
Expanded Legal Definition of Disbursement
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.
Expanded Legal Definition of Discharge
Disclaimer
A renunciation or refusal of rights or liability which might otherwise fall upon the person.
Expanded Legal Definition of Disclaimer
Discontinuance
A formal notice filed with the Court and served on the defendant, ending active litigation.
Expanded Legal Definition of Discontinuance
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.
Expanded Legal Definition of Discretionary Trust
Discrimination
A distinction based on the personal characteristics of an individual resulting in some disadvantage to that individual.
Expanded Legal Definition of Discrimination
Disrate
A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion.
Expanded Legal Definition of Disrate
Dissent
To disagree.
Expanded Legal Definition of Dissent
Dissolution
The act of ending, terminating or winding-up a company or state of affairs.
Expanded Legal Definition of Dissolution
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.
Expanded Legal Definition of Distraint
Distress
A common law remedy available to landlords to hold the tenant's belongings while the tenant is behind on rent but continues to occupy the premises.
Expanded Legal Definition of Distress
District Attorney
A lawyer in the USA charged with prosecution of criminal charges on behalf of the government.
Expanded Legal Definition of District Attorney
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.
Expanded Legal Definition of Diversity Jurisdiction
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.
Expanded Legal Definition of Dividend
Divine Right of Kings
A doctrine of absolute right of a monarch premised on the belief that an individual's tenure as monarch was an act of God, and thus the king can set the law, or to ignore or change the law as may have been set by a representational parliament.
Expanded Legal Definition of Divine Right of Kings
Divorce
The final, legal ending of a marriage, by Court order.
Expanded Legal Definition of Divorce
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.
Expanded Legal Definition of Divorce a Mensa et Thoro
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').
Expanded Legal Definition of DNA
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.
Expanded Legal Definition of Docket
Doctrine
A rule or principle or the law established through the repeated application of legal precedents.
Expanded Legal Definition of Doctrine
Domestic Animal
A pet; dogs, cats or other tame animals or birds and which serve some purpose for its owner or others.
Expanded Legal Definition of Domestic Animal
Domicile
The permanent residence of a person; a place to which, even if he or she were temporary absent, they intend to return.
Expanded Legal Definition of 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.
Expanded Legal Definition of Dominant Tenement
Dominion Utile
Latin: the property rights of a tenant.
Expanded Legal Definition of Dominion Utile
Dominium Directum
Latin: qualified ownership of a land: not having possession or use of property but retaining ownership.
Expanded Legal Definition of Dominium Directum
Domitae Naturae
Animals which are of a nature easily tamed and may be readily domesticated such as cats, dogs, farm animals and some birds.
Expanded Legal Definition of Domitae Naturae
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.
Expanded Legal Definition of Donatio Mortis Causa
Donee
Another word to describe the beneficiary of a trust.
Expanded Legal Definition of Donee
Donor
The person who donates property to the benefit of another, usually through the legal mechanism of a trust.
Expanded Legal Definition of Donor
Double Jeopardy
A prohibition against being tried or sentenced twice for the same offense.
Expanded Legal Definition of Double Jeopardy
Dower
A widow's life estate interest in her husband's real property if he died intestate.
Expanded Legal Definition of Dower
Duces Tecum
Latin: bring with you.
Expanded Legal Definition of Duces Tecum
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.
Expanded Legal Definition of Due Process
Dum Casta
Latin: for so long as she remains chaste.
Expanded Legal Definition of Dum Casta
Dum Sola
Latin: for so long as she remains unmarried.
Expanded Legal Definition of Dum Sola
Dum Vidua
Latin: for so long as she remains a widow.
Expanded Legal Definition of Dum Vidua
Dunnage
Materials used by ships to secure and protect cargo.
Expanded Legal Definition of Dunnage
Duplex
A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other.
Expanded Legal Definition of Duplex
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'.
Expanded Legal Definition of Duress
Click on plus sign to view definition

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top