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Legal Dictionary

  
  
 
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 

d.b.a.

n. short for "doing business as," when a person or entity uses a business name instead of his/her/its own.

damages

n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation (in a libel suit, for example), humiliation from scars, loss of anticipated business and other harm. The third major form of damage is exemplary (or punitive) damages, which combines punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded. Nominal damages are those given when the actual harm is minor and an award is warranted under the circumstances. Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract.

dangerous

adj. unsafe, hazardous, fraught with risk. It can be negligence for which a lawsuit can be brought if damage results from creating or leaving unguarded, a dangerous condition which can cause harm to others, a dangerous instrumentality (any device which can cause harm, including explosives and poisonous substances) or dangerous weapon which is inherently hazardous to anyone handling it or within the weapon's range.

dangerous weapon

n. any gun, knife, sword, crossbow, slingshot or other weapon which can cause bodily harm to people (even though used for target shooting). If a person is harmed by such a weapon that is left unguarded, improperly used, or causes harm even to a person who plays with it without permission, the victim or his/her survivors can sue for negligence and possibly win a judgment.

date rape

n. forcible sexual intercourse by a male acquaintance of a woman, during a voluntary social engagement in which the woman did not intend to submit to the sexual advances and resisted the acts by verbal refusals, denials or pleas to stop, and/or physical resistance. The fact that the parties knew each other or that the woman willingly accompanied the man are not legal defenses to a charge of rape.

day in court

n. popular term for everyone's opportunity to bring a lawsuit or use the court system if he/she thinks he/she has a gripe which can be resolved in court.

de facto

adj. Latin for "in fact." Often used in place of "actual" to show that the court will treat as a fact authority being exercised or an entity acting as if it had authority, even though the legal requirements have not been met.

de facto corporation

n. a company which operates as if it were a corporation although it has not completed the legal steps to become incorporated or has been dissolved or suspended but continues to function. The court temporarily treats the corporation as if it were legal in order to avoid unfairness to people who thought the corporation was legal.

de jure

adj. Latin for "lawful," as distinguished from de facto (actual).

de jure corporation

n. a corporation in good standing under the law, as compared to a de facto corporation which is acting while not fulfilling legal requirements.

de minimis

adj. (dee-minnie-miss) Latin for "of minimum importance" or "trifling." Essentially it refers to something or a difference that is so little, small, minuscule or tiny that the law does not refer to it and will not consider it.

de novo

adj. Latin for "anew," which means starting over, as in a trial de novo. For example, a decision in a small claims case may be appealed to a local trial court, which may try the case again, de novo.

deadly weapon

n. any weapon which can kill. This includes not only weapons which are intended to do harm like a gun or knife, but also blunt instruments like clubs, an automobile or any object which actually causes death. This becomes important when trying to prove criminal charges brought for assault with a deadly weapon.

dealer

n. anyone who buys goods or property for the purpose of selling as a business. It is important to distinguish a dealer from someone who occasionally buys and occasionally sells, since dealers may need to obtain business licenses, register with the sales tax authorities, and may not defer capital gains taxes by buying other property.

death penalty

n. the sentence of execution for murder and some other capital crimes.

death row

n. nickname for that portion of a prison in which prisoners are housed who are under death sentences and are awaiting appeals and/or potential execution.

debenture

n. a form of bond certificate issued by a corporation to show funds invested, repayment of which is guaranteed by the overall capital value of the company under certain specific terms. Thus, it is more secure than shares of stock or general bonds.

debt

n. 1) a sum of money due to another. 2) obligation to deliver particular goods or perform certain acts according to an agreement, such as returning a favor. 3) a cause of action in a lawsuit for a particular amount owed.

debtor

n. 1) a person or entity that owes an amount of money or favor to another. 2) in bankruptcy, the party whose affairs are the subject of the proceedings is called the "debtor."

deceased

1) adj. dead. 2) n. the person who has died, as used in the handling of his/her estate, probate of will and other proceedings after death, or in reference to the victim of a homicide (as: "The deceased had been shot three times") In probate law the more genteel word is the "decedent".

decedent

n. the person who has died, sometimes referred to as the "deceased".

deceit

n. dishonesty, fraudulent conduct, false statements made knowing them to be untrue, by which the liar intends to deceive a party receiving the statements and expects the party to believe and rely on them. This is a civil wrong (tort) giving rise to the right of a person to sue the deceiver if he/she reasonably relied on such dishonesty to the point of his/her injury.

deception

n. the act of misleading another through intentionally false statements or fraudulent actions.

decide

v. for a judge, arbitrator, court of appeals or other magistrate or tribunal to reach a determination (decision) by choosing what is right and wrong according to the law as he/she sees it.

decision

n. judgment, decree or determination of findings of fact and/or of law by a judge, arbitrator, court, governmental agency or other official tribunal (court).

declarant

n. the person making a statement, usually written and signed by that person, under "penalty of perjury" pursuant to the laws of the state in which the statement, called a declaration, is made. The declaration is more commonly used than the affidavit, which is similar to a declaration but requires taking an oath to swear to the truth attested to (certified in writing) by a notary public. In theory, a declarant who knowingly does not tell the truth would be subject to the criminal charge of perjury. Such violations are seldom pursued.

declaration

n. 1) any statement made, particularly in writing. 2) a written statement made "under penalty of perjury" and signed by the declarant, which is the modern substitute for the more cumbersome affidavit, which requires swearing to its truth before a notary public.

declaration of mailing

n. a form stating that a particular document has been mailed to a particular person or persons (such as opposing attorneys or the clerk of the court) and declaring the truth of that fact "under penalty of perjury", and signed by the person in the law office responsible for mailing it. This is almost always required to be attached to filed documents so that the court is assured it has been sent to the other party.

declaration of trust

n. the document signed by a trustor (settlor) creating a trust into which assets are placed, a trustee is appointed to manage the trust (who may be the party who created the trust), the powers and duties of management of the principal and profits of the trust are stated, and distribution of profits and principal is spelled out.

declaratory judgment

n. a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. While this borders on the prohibited "advisory opinion", it is allowed to nip controversies in the bud. Examples: a party to a contract may seek the legal interpretation of a contract to determine the parties' rights, or a corporation may ask a court to decide whether a new tax is truly applicable to that business before it pays it.

declaratory relief

n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed for) in a lawsuit over a contract. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the matter.

decree

n. in general, synonymous with judgment. However, in some areas of the law, the term decree is either more common or preferred as in probates of estates, domestic relations (divorce), admiralty law and in equity (court rulings ordering or prohibiting certain acts). Thus, there may be references to a final or interlocutory decree of divorce, final decree of distribution of a dead person's estate, etc.

decriminalization

n. the repeal or amendment of statutes which made certain acts criminal, so that those acts no longer are crimes subject to prosecution.

dedication

n. the giving of land by a private person or entity to the government, typically for a street, park or school site, as part of and a condition of a real estate development. The city (or other public body) must accept the dedication before it is complete. In many cases there are "dedicated" streets on old subdivision maps which were never officially accepted and, in effect, belong to no one. The adjoining property owners can sue for a judgment to give them the title to the unclaimed (unowned) street or property by a quiet title action or request abandonment by the government which did not accept the street or other property.

deduction

n. an expenditure which an income tax payer may subtract from gross (total) income to determine taxable income. This is not the same as an exemption, which is for one's marital status, blindness and number of dependents (e.g. children), which, added together, reduce the tax owed.

deed

1) n. the written document which transfers title (ownership) or an interest in real property to another person. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed by the grantor, who must then acknowledge before a notary public that he/she/it executed the deed. To complete the transfer (conveyance) the deed must be recorded in the office of the Recorder of Deeds. There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title. This is not to be confused with a deed of trust, which is a form of mortgage. 2) v. to transfer title by a written deed.

deed of trust

n. a document which pledges real property to secure a loan, used instead of a mortgage. The property is deeded by the title holder (trustor) to a trustee (often a title or escrow company) which holds the title in trust for the beneficiary (the lender of the money). When the loan is fully paid, the trustor requests the trustee to return the title by reconveyance. If the loan becomes delinquent the beneficiary can file a notice of default and, if the loan is not brought current, can demand that the trustee begin foreclosure on the property so that the beneficiary may either be paid or obtain title.

defalcation

v. from Latin for "deduction," withholding or misappropriating funds held for another, particularly by a public official, or failing to make a proper accounting.

defamation

n. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one's occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed.

default

1) n. failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights of the defaulting party to defend the case. 2) the failure to make a payment when due, which can lead to a notice of default and the start of foreclosure proceedings if the debt is secured by a mortgage or deed of trust. 3) v. to fail to file an answer or other response to a summons and complaint, or fail to make a payment when due.

default judgment

n. if a defendant in a lawsuit fails to respond to a complaint in the time set by law, then the plaintiff (suer) can request that the default (failure) be entered into the court record by the clerk, which gives the plaintiff the right to get a default judgment. If the complaint was for a specific amount of money owed on a note, other money due, or a specific contract price (or if the amount due is easy to calculate) then the clerk of the court can enter a default judgment. If proof of damages or other relief is necessary, a hearing will be held in which the judge determines terms of the default judgment. In either case the defendant cannot speak for himself/herself. A defendant who fails to file an answer or other legal response when it is due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit.

defeasance

n. an antiquated word for a document which terminates the effect of an existing writing such as a deed, bond or contract if some event occurs.

defect

n. an imperfection, quite often so great that the machinery or written document cannot be used. A car that will not run or has faulty brakes has a defect, and so does a deed in which a party who signed the deed to give over property did not have title to the property described. There are also minor defects, like scratches that only lessen value but do not make an object useless.

defective

adj. not being capable of fulfilling its function, ranging from a deed of land to a piece of equipment.

defective title

n. an apparent title to real property which fails because a claimed prior holder of the title did not have title, or there is a faulty description of the property or some other "cloud" over it, which may or may not be apparent from reading the deed.

defendant

n. 1) the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution. In some types of cases (such as divorce) a defendant may be called a respondent.

defense

n. 1) a general term for the effort of an attorney representing a defendant during trial and in pre-trial maneuvers to defeat the party suing or the prosecution in a criminal case. 2) a response to a complaint, called an affirmative defense, to counter, defeat or remove all or a part of the contentions of the plaintiff.

defense attorney

n. 1) the attorney representing the defendant in a lawsuit or criminal prosecution. 2) a lawyer who regularly represents defendants who have insurance and who is chosen by the insurance company. 3) a lawyer who regularly represents criminal defendants. Attorneys who regularly represent clients in actions for damages are often called "plaintiff's attorneys".

deficiency judgment

n. a judgment for an amount not covered by the value of security put up for a loan or installment payments. The right to a deficiency judgment is often written into a lease or installment contract on a vehicle. There is a danger that the sale of a repossessed vehicle will be at a wholesale price or to a friend at an auction, leaving the debtor holding the bag for the difference between the sale price and remainder due on the lease or contract.

deficit

n. a shortage, less than is due, or in the case of a business or government budget, more expenditures than income.

 
 

Legal Dictionary (PDF File)

Black's Law Dictionary (PDF File)

Law Dictionaries (i.e. Black's Law Dictionary)

  • Barron's Dictionary of Legal Terms A simplified guide to the language of law.
  • Black's Law Dictionary 8th Edition Black’s Law Dictionary is the definitive legal resource for lawyers, law students and laypeople alike. Edited by the world’s foremost legal lexicographer, Bryan A. Garner, Black's Law Dictionary is known for its clear and precise legal definitions, substantive accuracy, and stylistic clarity — making it the most cited legal dictionary in print.
  • Dean's Law Dictionary Version 73 Seeing is believing and you can easily download and see first hand the unsurpassed professional quality of our state-of-the-art definitions in our Digital Legal Dictionary. Discover for yourself all of the unmatched features you get with Dean's Law Dictionary.
  • Oxford Dictionary of Law This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,200 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system.
  • Webster's New World Law Dictionary Law has a language all its own. Webster's New World Law Dictionary translates it clearly. Written in plain English, it's much easier to understand than typical legal documents.

Online Law Dictionaries

  • Duhaime's Law Dictionary Duhaime's Law Dictionary is designed to offer one-stop shopping to all of us who occasionally need to know what a certain legal word means, because our rights stand to be affected by a reference to it, or because of employment or academic research requirements.
  • John Bouvier's Law Dictionary Adapted to the Constitution and laws of the United States of America and of the several states of the American union.
  • Latin Legal Terms Dictionary This small collection of most widely used Latin words and expressions from the legal jargon is a gem. Many of these Latin terms are used in modern legal terminology.
  • Law Dictionary - Look Up Legal dictionary search engine for legal terminology definitions and legal abbreviations.
  • Law.com Legal Dictionary This dictionary allows you to look up the definition of a legal term by entering a word or phrase.
  • Lectric Law Library's Dictionary This is what many consider the Net's best law dictionary. It offers thousands of definitions & explanations of legal terms, phrases & concepts. Please note that LLL's Legal Lexicon addresses mainly US law. Although the layman can also gain great benefit out of this lexicon, it probably suits lawyers and professionals best.
  • Legal Dictionary by The Free Dictionary The main source of TheFreeDictionary's legal dictionary is West's Encyclopedia of American Law, Edition 2, which contains more than 4,000 entries detailing terms, concepts, events, movements, cases, and individuals significant to United States law.
  • LegalGlossary.org A good source to find definitions for legal terms.
 
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