. 1. 'llie act of destroying or demolishing;
the ruining of something. 2. Harm that substantially
detracts from the value of property, esp. personal
property. 3.1he state of having been destroyed.
desuetude (des-W<H[yJood). (I5c) 1. Lack of use; obso
lescence through disuse. 2. The doctrine holding that
if a statute or treaty is left unenforced long enough, the
courts will no longer regard it as having any legal effect
even though it has not been repealed. [Cases: Statutes
"[Tlhe doctrine of desuetude has had in all legal systems a
very limited and cautious application. For the anachronistic
statute a better remedy may be found through reinterpreta
tion in the light of new conditions; as Gray remarks with
some irony. 'It is not as speedy or as simple a process to
interpret a statute out of existence as to repeal it, but with
time and patient skill it can often be done.'" Lon L Fuller,
Anatomy ofthe Law 38 (1968) (quoting John Chipman Gray,
The Nature and Sources of Law 192 (1921 i).
"There is no doctrine of desuetude in English law, so a
statute never ceases to be in force merely because it is
obsolete. Normally there must be an express repeal,
but the whole or part of an enactment may be impliedly
repealed by a later statute." Rupert Cross, Statutory Inter
pretation 3 (1976).
de superoneratione pasturae (dee soo-pa-roh-na-ray
shee-oh-nee pas-tra-ree), n. [Law Latin "of surcharge
ofpasture"] Rist. A judicial writ against a person who
was initially brought into county court for putting too
many cattle on pasture, and later was impleaded in
the same court on the same charge, and the cause was
removed to the superior court at Westminster.
de tabulis exhibendis (dee tab-ya-lis ek-si-ben-dis).
[Latin] Roman law. Of producing the tablets of a will.
-This was a subject covered under Roman exhibitory
interdicts governing the production of documents.
A will of a deceased person had to be produced and
opened to determine whether the applicant had rights
under it.
detachiare (di-tak-ee-air-ee or di-tash-ee-air-ee), vb.
[Law Latin] Hist. To seize a person or property by a
writ of attachment or other legal remedy. detainee. A person held in custody, confined, or delayed
by an authority, such as law enforcement or a govern
ment.
ghost detainee. See secret detainee.
secret detainee. A person who is held, usu. without
being formally charged with a crime or facing any
other legal proceedings, in an undisclosed place, and
whose detention is unknown to anyone other than the
detaining authority. Also termed ghost detainee.
See secret detention under DETENTION.
detainer. (l7c) 1. The action of detaining, withholding,
or keeping something in one's custody.
forcible detainer, See FORCIBLE DETAINER.
unlawful detainer. (18c) The unjustifiable retention of
the possession of real property by one whose original
entry was lawful, as when a tenant holds over after
lease termination despite the landlord's demand for
possession. [Cases: Forcible Entry and Detainer
5.]
2. The confinement of a person in custody. 3. A writ
authorizing a prison official to continue holding a
prisoner in custody. [Cases: Extradition and Detain
ers 4, A person who detains someone or some
thing.
de tallagio non concedendo (dee ta-lay-jee-oh non kon
sa-den-doh), n. [Law Latin "of not granting tallage"]
Hist. The title of a statute declaring that no taxes will
be imposed by the king or his heirs without the consent
ofthe archbishops, bishops, earls, barons, knights, and
other freemen of the realm. -The statute has been used
to support the constitutional doctrine disallowing
taxation except by Parliament. 34 Edw. I st. 4.
detection. The act ofdiscovering or revealing something
that was hidden, esp. to solve a crime.
"There is a clear distinction between inducing a person to
do an unlawful act and setting a trap to catch him in the
execution of a criminal plan of his own conception. There
is also a distinction between the terms 'detection' and
'entrapment,' as applied to the activities of law enforce
ment officers. Legitimate detection of crime occurs when
officers test a suspected person by offering him an oppor
tunity to transgress the law in such manner as is usual in
the activity alleged to be unlawful. On the other hand,
entrapment occurs when officers induce a person to violate
the law when he would not otherwise do so." 21 Am. Jur.
2d Criminal Law  202 (1981).
de tempore cujus contrarium memoria hominum non
existit (dee tem-p.:l-ree k[y]oo-jas kan-trair-ee-.:lm
m.:l-mor-ee-.:l hom-i)-mm non eg-zis-tit). [Latin1 From
time whereof the memory of man does not exist to the
contrary. See LEGAL MEMORY.
de tempore in tempus et ad omnia tempora (dee tem
pa-ree in tem-pas et ad om-nee-a tem-pa-fa). [Latin]
From time to time, and at all times.
de temps dont memorie ne court (da tahn dawn mem-a
ree na koor). [Law French] From time whereof memory
does not run; time out ofhuman memory. _ This Law
French phrasing was a forerunner ofBlackstone's classic
formulation: "time whereof the memory of man does

not run to the contrary." 1 William Blackstone, Com-! delivery date is determinable because she kept the
mentaries on the Laws ofEngland 460-61 (1765). See
LEGAL MEMORY.
detente (day-tahnt). [French) 1. The relaxation of
tensions between two or more parties, esp. nations. 2.
A policy promoting such a relaxation of tensions. 3.
A period during which such tensions are relaxed. Cf.
E:-.ITENTE; ALLIANCE.
detentio (di-ten-shee-oh), n. [Latin] 1. Roman law. See
possessio naturalis under POSSESSIO. 2. Hist. Detention;
detainment, as opposed to captio ("taking"). See pos
sessio naturalis under POSSESSIO.
detention, n. (15c) 1. The act or fact of holding a person
in custody; confinement or compulsory delay.
detain, vb.
investigative detention. (1968) The holding of a suspect
without formal arrest during the investigation ofthe
suspect's participation in a crime . Detention ofthis
kind is constitutional only if probable cause exists.
[Cases: Arrest <;.::;>63.5.]
pretrial detention. (1962) 1. The holding of a defen
dant before trial on criminal charges either because
the established bail could not be posted or because
release was denied. [Cases: Bail (;::::J42.] 2. In a juve
nile-delinquency case, the court's authority to hold
in custody, from the initial hearing until the proba
ble-cause hearing, any juvenile charged with an act
that, if committed by an adult, would be a crime .
Ifthe court finds that releasing the juvenile would
create a serious risk that before the return date the
juvenile might commit a criminal act, it may order the
juvenile detained pending a probable-cause hearing.
Juveniles do not have a constitutional right to bail.
The Supreme Court upheld the constitutionality of
such statutes in Schall v. Martin, 467 U.S. 253, 104
S.Ct. 2403 (1984). Also termed temporary deten
tion. [Cases: Infants 192.1
preventive detention. (1952) Confinement imposed
usu. on a criminal defendant who has threatened to
escape, poses a risk of harm, or has otherwise violated
the law while awaiting trial, or on a mentally ill person
who may cause harm.
secret detention. The holding of a suspect in an undis
closed place, without formal charges, a legal hearing,
or access to legal counsel, and without the knowl
edge of anyone other than the detaining authority.
See secret detainee under DETAINEE.
2. Custody of property; esp., an employee's custody of
the employer's property without being considered as
having legal possession of it.
detention hearing. See HEARING.
detention in a reformatory. A juvenile offender's
sentence of being sent to a reformatory school for some
period. [Cases: Infants
determinable, adj. (15c) 1. Liable to end upon the hap
pening of a contingency; terminable <fee simple deter
minable>. 2. Able to be determined or ascertained <the written invoice>.
determinable easement. See EASEMENT.
determinable estate. See ESTATE (1).
determinable fee. 1. See fee simple determinable under
FEE SIMPLE. 2. See base fee under FEE (2).
determinable freehold. See determinable estate under
ESTATE (1).
determinate hospitalization. A fixed period of hospi
talization, usu. by civil commitment.
determinate obligation. See OBLIGATION.
determinate sentence. See SENTENCE.
determinate sentencing. See mandatory sentencing
under SENTENCING.
determination, n. (14c) 1. A final decision by a court or
administrative agency <the court's determination of
the issue>. [Cases: Administrative Law and Procedure
(;::::J489; Federal Civil Procedure c,.?928.]
initial determination. The first determination made by
the Social Security Administration ofa person's eligi
bility for benefits. [Cases: Social Security and Public
Welfare (;::::J8.5, 142.15, 175.25.]
2. The ending or expiration of an estate or interest in
property, or of a right, power, or authority <the ease
ment's determination after four years>. determine,
vb.
determination letter. (1929) A letter issued by the
Internal Revenue Service in response to a taxpayer's
request, giving an opinion about the tax significance of
a transaction, such as whether a nonprofit corporation
is entitled to tax-exempt status. Also termed ruling
letter. [Cases: Internal Revenue (;::::J3049.]
determinative judgment. See final judgment under
JUDGMENT.
determinism. (sometimes cap.) A philosophy that human
behavior is governed primarily by preexisting condi
tions, such as family or environmental factors, and is
not influenced by will. -deterministic, adj.
de termino moto (dee tar-m~-noh moh-toh). [Law Latin]
Hist. The common-law offense of moving or defaCing
landmarks. This was considered a serious crime
because ofthe importance that agrarian laws attached
to landmarks.
deterrence, n. (1861) The act or process ofdiscouraging
certain behavior, particularly by fear; esp., as a goal of
criminal law, the prevention of criminal behavior by
fear of punishment. Cf. REHABILITATION (1); RETRI
BUTION (1). [Cases: Sentencing and Punishment
41.] deter, vb. deterrent, adj.
general deterrence. (1949) A goal of criminal law gen
erally, or of a specific conviction and sentence, to dis
courage people from committing crimes.
special deterrence. (1955) A goal of a specific convic
tion and sentence to dissuade the offender from com
mitting crimes in the future.

deterrent, n. (1824) Something that impedes; something
that prevents <a deterrent to crime>.
deterrent danger. See DANGER.
deterrent punishment. See PUNISHMENT.
de theolonio (dee thee-a-loh-nee-oh), n. [Law Latin "of
toW] Hist. A writ of trespass available to a person pre
vented from taking toll. See TOLL.
de ligno juncto (dee tig-noh jagnk-toh). See actio de tigna
juncto under ACTIO.
detinet (det-i-net). [Latin "he detains"] A holding back;
detention. An action in debt may be in detinet when
the plaintiff alleges that the defendant wrongfully kept
goods, as distinguished from wrongfully taking them.
An action in debt may also be in detinet when it is
brought by or against someone other than an original
party to the debt, such as an executor. An action of
replevin is in detinet when the defendant retains pos
session of the property until after the judgment. Cf.
DEBET ET DETINET.
detinue (det-i-nyoo or -noo). (15c) A common-law
action to recover personal property wrongfully taken
or withheld by another. Cf. REPLEVIN; TROVER. [Cases:
Detinue 1.]
"A claim in detinue lies at the suit of a person who has an
immediate right to the possession of the goods against
a person who is in actual possession of them, and who,
upon proper demand, fails or refuses to deliver them up
without lawful excuse. Detinue at the present day has two
main uses. In the first place, the plaintiff may desire the
specific restitution of his chattels and not damages for
their conversion. He will then sue in detinue, not in trover.
In the second place, the plaintiff will have to sue in detinue
if the defendant sets up no claim of ownership and has
not been guilty of trespass; for the original acquisition in
detinue sur bailment was lawful." R.F.V. Heuston, Salmond
on the Law ofTorts 111 (17th ed. 1977).
detinue ofgoods in frankmarriage. Hist. A writ
allowing a divorced wife to obtain the goods given to
her during the marriage.
detinue sur b


. Hist. A writ
allowing a divorced wife to obtain the goods given to
her during the marriage.
detinue sur bailment (det-i-nyoo s<lr bayl-mant) [Law
French) Hist. An action to recover property that
the defendant acquired by bailment but refuses to
return.
detinuit (di-tin-yoo-it). [Latin "he has detained"] (Of
property) the former condition of being withheld .
An action is said to be in the detinuit when the plain
tiff finally recovers possession ofthe property claimed
under a writ of replevin.
detour, n. Torts. An employee's minor deviation from
the employer's business for personal reasons . Because
a detour falls within the scope of employment, the
employer is still vicariously liable for the employee's
actions. Cf. FROLIC. [Cases: Labor and Employment G-=
3061(1); Workers' Compensation C=666.]
detournement (di-tuurn-m;mt), n. An employee's mis
appropriation of the employer's funds.
detraction, n. (14c) The removal of personal property
from one state to another after transfer of title by a will
or inheritance. de transgressione (dee trans-gresh-ee-oh-nee), n. [Law
Latin "of trespass"] The general name ofvarious writs
of trespass. See TRESPASS.
de transgressione, ad audiendum et terminandum (dee
trans-gresh-ee-oh-nee, ad aw-dee-en-dam et tar-mi
nan-dam), n. [Law Latin "of trespass, for determin
ing and hearing a misdemeanor"] His/. A commission
for hearing and determining an outrage or misde
meanor.
detriment. (15c) 1. Any loss or harm suffered by a person
or property. 2. Contracts. The relinqUishment of some
legal right that a promisee would have otherwise been
entitled to exercise. Also termed legal detriment. Cf.
BENEFIT (2).
"A promise or an act may be a detriment although on
balance the promisor is making a good bargain. Thus a
promise to pay 10,000 for a Rolls Royce worth 12,000,
is none the less a detriment, and a good consideration for
a promise to deliver the car." P.S. Atiyah, An Introduction
to the Law ofContract 101 (3d ed. 1981).
detriment to a promisee. Contracts. Consideration
offered by a promisee to a promisor, esp. in a unilat
eral contract. [Cases: Contracts ~52.]
detrimental reliance. See RELIANCE.
detunicari (di-tyoo-ni-kair-I), vb. [Latin "to be revealed"]
To discover; to lay open.
de una parte (dee yoo-na pahr-tee), n. [Latin] Of one
party. A deed is de una parte when only one party
grants something to another, as distingUished from a
deed inter partes. See INTER PARTES.
deuterogamy (d[y]oo-t<lr-og-a-mee), n. [fro Greek deu
teragamia "second marriage"] A second marriage after
the death of or divorce from the first spouse, or after an
annulment of a first marriage. -Also termed digama;
digamy.
de uxore rapta et abducta (dee ak-sor-ee rap-ta et
ab-d~k-td), n. [Law Latin "of seizing and carrying away
a man's wife"] Hist. A writ oftrespass for a man whose
wife had been raped and carried away.
devadiatus (di-vad-ee-ay-tas), n. [Law Latin] Hist. A
defendant without a surety. -Also termed divadia
tus.
devaluation, n. The reduction in the value of one
currency in relation to another currency. Cf. REVALU
ATION. devalue, vb.
devastation. (17c) 1. An executor's squandering or mis
management of the deceased's estate. 2. An act of
destruction. 3. WASTE (1).
devastaverunt (di-vas-ta-veer-ant). [Latin pI. of dev
astavit "he (or she) has wasted"] They have wasted .
This word usu. referred to both an executor's waste ofa
decedent's property and the action against the executor
for that waste.
devastavit (dev-a-stay-vit), n. [Latin "he (or she) has
wasted"] A fiduciary's failure to administer an estate
or trust promptly and properly, esp. by spending
extravagantly or misapplying assets . A fiduciary who

de vasto 516
commits waste in this way becomes personally liable
to those having claims on the assets, such as creditors
and beneficiaries.
de vasto (dee vas-toh), n. [Law Latin "of waste"J A writ
allowing a reversioner or remainderman to compel a
tenant for life or for years to appear and answer for the
waste and resulting damage to the plaintiff's inheri
tance. See WASTE (1).
developed water. See WATER.
developing country. Int'l law. A country that is not as
economically or politically advanced as the main indus
trial powers. -Developing countries are located mostly
in Africa, Asia, Eastern Europe, the Middle East, and
Latin and South America. -Also termed developing
state; underdeveloped country; less-developed country;
Third World country.
'"Pertinent terminology has undergone extensive changes
in the past 40 years. At the very start, before the category
found its way into official texts, econom ic and political
writings referred mainly to 'poor' or 'backward' countries.
In the late 19405, the term 'underdeveloped countries'
came into common usage in economic literature and in
the jargon of international organizations. It was replaced in
the 19505 by the term 'less developed countries: for which
the current 'developing countries' was eventually substi
tuted. These terms are essentially interchangeable as they
refer to the same group and kind of countries. However,
variations in the use of the term reflect significant changes
in the perception of the central issue, namely, economic
development, as well as responses to justified sensitivities
on the part of the countries principally concerned." A.A.
Fatouros, "Developing States," in 1 Encyclopedia of Public
International Law 1017 (1992).
development. (1885) 1. A substantial human-created
change to improved or unimproved real estate, includ
ing the construction ofbuildings or other structures.
2. An activity, action, or alteration that changes unde
veloped property into developed property.
developmental disability. See DISABILITY (2).
developmental neglect. See NEGLECT.
development-stage company. See COMPANY.
de ventre inspiciendo (dee ven-tree in-spish-ee-en-doh),
n. [Law Latin "of (or for) inspecting the belly"] Hist.
1. A writ allowing a presumptive heir to summon a
jury ofmatrons to verify the pregnancy ofa widow sus
pected offeigning the pregnancy to produce a supposed
heir. -Also termed ad ventrem inspiciendum. See
venire facias tot matronas under VENIRE FACIAS.
"And this gives occasion to a proceeding at common law,
where a widow is suspected to feign herself with child,
in order to produce a supposititious heir to the estate:
an attempt which the rigor of the GothiC constitutions
esteemed equivalent to the most atrocious theft, and
therefore punished with death. In this case with us the
heir presumptive may have a writ de ventre inspiciendo
to examine whether she be with child, or not ... and, if
the widow be upon due examination found not pregnant,
any issue she may afterwards produce, though within nine
months, will be bastard." 1 William Blackstone, Commentar
ies on the Laws ofEngland 444 (1765).
2. A writ providing a temporary stay ofexecution if a
jury of matrons determines that a woman scheduled
for execution and claiming pregnancy is "quick with child." -The execution would be postponed until after
the birth, but ifthe woman became pregnant a second
time before execution, she had no remedy. Some
times shortened to ventre inspiciendo. -Also spelled
de ventre in spiciendo.
de verbo in verbum (dee v<lr-boh in v<lr-b<Jm). [Law
Latin] Word for word.
devest (di-vest), vb. 1. Hist. To deprive (a person) ofpos
session, title, or property. 2. To take; to draw away.
Also spelled divest.
deviance, n. (1941) The quality or state ofdeparting from
established norms, esp. in social customs. -deviate
(dee-vee-ayt), vb. -deviant, adj. & n. deviate (dee
vee-<Jt), n.
deviation. 1. Generally, a change from a customary
or agreed-on course of action. 2. Employment law. A
departure from one's course ofemployment to tend to
a personal matter. - A deviation from the course of
employment may be an issue in disputes about workers'
compensation or about the employer's tort liability
to third parties based on the employee's actions. See
COURSE OF EMPLOYMENT. Cf. FROLIC. [Cases: Labor
and Employment ~-:>3047; Workers' Compensation
<:;:=666.] 3. Insurance. A departure by an insured party
from a routine course ofaction, resulting in increased
risk of some loss that the insured is indemnified
against. [Cases: Insurance 0-:>3059.]4. Maritime law.
A departure from the terms expressed in a bill oflading
or other transportation contract.
"For both geographic deviations and quasi-deviations, the
contractual voyage is the benchmark against which the car
rier's performance is to be measured. Ifthe parties agreed
to an indirect route, the carrier commits no deviation in
following it; if the parties agreed to deck carriage, the
carrier may stow the cargo on deck. All deviations 'have
one common, indispensable element a violation of the
terms of the bill of lading.'" Michael F. Sturley, "Deviation
Defined," in 2A Benedict on Admiralty 122 (7th rev. ed.
2002) (quoting Rockwell Int'I Corp. v. M/V Incorrans Spirit,
707 F. Supp. 272, 273 (S.D. Tex. 1989), aff'd, 998 F.2d 316
(5th Or. 1993)). [Cases: Shipping ,8=;::>125.]
quasi-deviation. A deviation from an agreed-on
shipping term other than a deviation in course or
destination (e.g., an unreasonable delay or the unau
thorized carriage ofcargo on deck). [Cases: Shipping
reasonable deviation. A deviation that is justified by
circumstances. -Ifa deviation is reasonable, the
carrier does not lose its usual limitations and exemp
tions under the Carriage ofGoods by Sea Act. [Cases:
Shipping (';:::> 125, 138.]
unreasonable deviation. A deviation that is not justi
fied by circumstances. -An unreasonable deviation
causes the carrier to lose the benefit ofits usual lim i
tations and exemptions under the Carriage ofGoods
by Sea Act. [Cases: Shipping 125, 138.J
deviation doctrine. (1948) 1. A principle allowing varia
tion from a term ofa will or trust to avoid defeating the
document's purpose. 2. A principle allowing an agent's
activity to vary slightly from the scope ofthe principal's

permission. 3. Maritime law. The rule that a carrier
loses the benefit ofits limitations and exemptions under
the Carriage ofGoods by Sea Act ifa deviation from the
terms ofthe bill oflading is unreasonable, but does not
if it is reasonable. [Cases: Shipping 138.]
deviation-well survey. An examination to determine
whether a well is bottomed under another person's
land.
device. (14c) 1. Patents. A mechanical invention, as dif
ferentiated in patent law from a chemical discovery.
A device may be an apparatus or an article ofmanufac
ture. -Also termed machine. [Cases: Patents 2.
A scheme to trick or deceive; a stratagem or artifice, as
in the law relating to fraud. [Cases: Fraud C=> 3.]
de vicineto (dee vi-sin-d-toh or -sI-nd-toh). [Law Latin]
From a vicinage; from a neighborhood. -This term
was generally used in reference to a jury pool. See DE
CORPORE COMITATUS.
de vi laka amovenda (dee VI laY-d-kd ay-moh-ven-dd),
n. [Law Latin "of removing a lay force"] Hist. A writ
allowing a parson claiming rights to a church to order
a sheriff to remove a group oflaymen who, with another
parson, had taken control ofthe church and prevented
the new parson from entering.
deviling (dev-d-ling). 1. The act ofa barrister's handing
a brief over to another to handle a case. 2. The practice
of a junior barrister (known as a "devil") who drafts
pleadings or other documents for a senior barrister who
approves them, signs them, and is ultimately respon
sible for the work. -Also spelled devilling.
devil on the neck. Hist. A torture device made of irons
that fastened to a person's neck and legs and then
wrenched together to either gradually or quickly break
the person's back. -It was often used to coerce confes
sions.
devisable, adj. (16c) 1. Capable ofbeing bequeathed by a
. will. 2. Capable of being invented. 3. Feigned.
devisavit vel non (dev-<}-say-vit [or -zay-vitl vel non),
n. [Law Latin "he (or she) devises or not"] Hist. An
issue directed from a chancery court to a court oflaw to


Latin "he (or she) devises or not"] Hist. An
issue directed from a chancery court to a court oflaw to
determine the validity ofa will that has been contested,
as by an allegation offraud or testamentary incapacity.
See VEL NON.
devise (di-VIZ), n. (lSc) 1. 'Ihe act ofgiving property by
will. -Although this term traditionally referred to
gifts of real property -and in British usage the term
is still confined to real property in American usage
the term has been considerably broadened. In both
the Restatement of Property and the Uniform Probate
Code, a disposition of any property by will is a devise.
In the United States today, it is pedantry to insist that
the noun devise be restricted to real property. [Cases:
Wills 1.] 2. The provision in a will containing
such a gift. 3. Property disposed of in a will. 4. A will
disposing ofproperty. Cf. TESTAMENT (1); BEQUEST;
LEGACY. devise, vb. alternative devise. A devise that, under the terms ofthe
will, is designed to displace another devise if one or
more specified events occur. -Also termed second
ary devise. [Cases: Wills C=>553, 856.]
conditional devise. (18c) A devise that depends on the
occurrence of some uncertain event. [Cases: Wills
C=>639-668.J
demonstrative devise. A devise, usu. of a specific
amount of money or quantity of property, that is
primarily payable from a designated source, but that
may be payable from the estate's general assets if the
designated property is insufficient. See Restatement
(Third) of Property: Wills and Other Donative Trans
fers  5.1 (1999). Cf. pecuniary devise. [Cases: Wills
C='751,
executory devise. (17c) An interest in land, created by
will, that takes effect in the future and depends on a
future contingency; a limitation, by will, of a future
estate or interest in land when the limitation cannot,
consistently with legal rules, take effect as a remain
der.  An executory devise, which is a type ofcondi
tionallimitation, differs from a remainder in three
ways: (1) it needs no particular estate to support it,
(2) with it a fee simple or lesser estate can be limited
after a fee simple, and (3) with it a remainder can be
limited in a chattel interest after a particular estate for
life is created in that interest. See conditionallimita
tion under LIMITATION. [Cases: Wills C=>7.J
"The reason of the institution of the executory devise was
to support the will of the testator; for when it was evident
that he intended a contingent remainder, and when it could
not operate as such by the rules of law, the limitation was
then, out of indulgence to wills, held to be good as an
executory devise. They are not mere possibilities, but
certain and substantial interests and estates, and are put
under such restraints only as have been deemed requisite
to prevent the mischiefs of perpetuities, or the existence
of estates that were unalienable." 4 James Kent, Commen
taries on American Law *264 (George Comstock ed., 11th
ed. 1866).
failed devise. See lapsed devise.
general devise. (18c) 1. A devise, usu. of a specific
amount of money or quantity of property, that is
payable from the estate's general assets. See Restate
ment (Third) of Property: Wills and Other Donative
Transfers  5.1 (1999). 2. A devise that passes the
testator's lands without specifically enumerating or
describing them. [Cases: Wills C---=>583.]
lapsed devise. (18c) A devise that fails because the
testator outlives the named recipient. - Also termed
failed devise;failed gift.
pecuniary devise. A demonstrative devise consisting
ofmoney. Cf. demonstrative devise. [Cases: Wills C---=>
750.]
primary devise. A devise to the first person named as
taker. For example, a devise ofB1ackacre to A, but
if A does not survive me then to B" names A as the
recipient ofthe primary devise and Bas the recipient
of the secondary or alternative devise.

residuary devise. (l8c) A devise of the remainder ofthe
testator's property left after other spedfic devises are
taken. [Cases: Wills C='586.1
secondary devise. See alternative devise.
specific devise. (l8c) A devise that passes a particular
piece ofproperty. [Cases: Wills Y751.]
younger-generation devise. An alternative devise to a
descendant ofthe redpient ofa primary devise. Unit.
Probate Code  2-603. A devise of "Blackacre to
A, but if A does not survive me then to 1\5 child B"
creates a younger-generation devise in 1\s descendant,
B. See alternative devise.
devise, vii. To give (property) by will. [Cases: Wills
I.]
"The modern convention which sets apart 'devise' for
'realty' and 'bequeath' for 'personalty' is modern; in the
middle ages, the English word ... is the equivalent of
the French word." 2 Frederick Pollock & Frederic William
Maitland, Historv ofEnglish Law Before the Time ofEdward
1338 (2d ed. 1899).
devisee (dev-;:l-zee or di-vI-zee). (16c) A recipient of
property by will. Cf. LEGATEE.
first devisee. The first devisee deSignated to receive an
estate under a will.
next devisee. The devisee who receives the remainder
of an estate in tail, as distinguished from the first
devisee. See FEE TAIL. [Cases: WillsY604.]
residuary devisee. The person named in a will to
receive the testator's remaining property after the
other devises are distributed.
deviser. (16c) One who invents or contrives <the deviser
of these patents>.
devisor. (16c) One who disposes of property (usu. real
property) in a will. [Cases: Wills (:;= 1.]
devoir (d;:l-vwahr or dev-wahr). Hist. A duty; a tax.
Also spelled devoire.
"Devoire is as much as to say a duty. It is used in the statute
of 2 R. 2, cap. 3, where it is provided, that all the western
merchants, being of the king's amity, shall pay all manner
of customs and subsidies, and other devoire of Calais."
Termes de la Lev 168 (1st Am. ed. 1812).
devolution (dev-;:l-Ioo-sh;:ln), n. (16c) The act or an
instance oftransferring one's rights, duties, or powers
to another; the passing ofsuch rights, duties, or powers
by transfer or succession <the federal government's
devolution of police power to the states>. -devolu
tionary, adj. -devolutionist, n.
devolutive appeal. See APPEAL.
devolve (di-vahlv), vb. (I6c) 1. To transfer (rights, duties,
or powers) to another. 2. To pass (rights, duties, or
powers) by transmission or succession. See DEVOLU
TION.
devy (d;:l-VI), vb. [Law French] To die.
de warrantia chartae (dee wa-ran-shee-;:l kahr-tee),
n. [Law Latin "of a warranty of charter"] Hist. A writ
allowing a tenant enfeoffed with a warranty, who was
impleaded in an assize or other action in which the tenant could not call upon the warranty, to compel the
feoffor to assist the tenant with a plea or defense, or else
to pay damages and the value ofthe land, ifit is recov
ered against the tenant.
"This we still make use of in the form of common recoveries,
which are grounded on a writ of entry; a species of action
that we may remember relies chiefly on the weakness of
the tenant's title, who therefore vouches another person
to warrant it .... In assises indeed. where the principal
question is whether the demandant or his ancestors were
or were not in possession till the ouster happened, and
the title of the tenant is little (if at all) discussed, there
no voucher is allowed; but the tenant may bring a writ of
warrantia chartae against the warrantor, to compel him to
assist him with a good plea or defence, or else to render
damages and the value of the land, if recovered against the
tenant." 3 William Blackstone, Commentaries on the Laws
of England 299 (1768).
de warrantia diei (dee wa-ran-shee-;:l dI-ee-I), n. [Law
Latin "of warranty of day"] Hist. A writ ordering a
judge not to default a party for nonappearance because
the Crown warranted that the party was busy in its
service.
dextrarius (dekstrair-ee-ds). Hist. One at the right hand
ofanother.
dextras dare (dek-str;:ls dair-ee), vb. [Latin "to give right
hands"]l. To shake hands to show friendship. 2. To
give oneself up to the power of another.
DFA. abbr. DELAYED FUNDS AVAILABILITY.
DFAS. abbr. DEFENSE FINANCE AND ACCOUNTING
SERVICE.
DHS. abbr. 1. DEPARTMENT OF HOMELAND SECURITY. 2.
Department of human services. See DEPARTMENT OF
PUBLIC WELFARE.
DIA. abbr. DEFENSE INTELLIGENCE AGENCY.
diaconate (dI-ak-d-nit), n. [Law LatinI A deacon's
office.
diaconus (dI-ak-;:l-nds), n. [Law Latin] A deacon. See
DEACON.
diagnosis (dI-;:lg-noh-sis). (17c) 1. The determination
of a medical condition (such as a disease) by physical
examination or by study ofits symptoms. 2. The result
of such an examination or study. Cf. PROGNOSIS.
clinical diagnosis. A diagnOSiS from a study of
symptoms only.
physical diagnosis. A diagnosis from physical exami
nation only.
diagnostic commitment. See COMMITMENT.
dialectic (dI-d-Iek-tik), n. (16c) 1. A school oflogic that
teaches critical examination ofthe truth ofan opinion,
esp. by discussion or debate. The method was applied
by ancient philosophers, such as Plato and Socrates,
primarily in the context of conversational discussions
involving questions and answers, and also by more
modern philosophers, such as Immanuel Kant, who
viewed it as a theory of fallacies, and G.W.F. Hegel,
who applied the term to his philosophy proceeding
from thesis, to antithesis, to synthesis. 2. An argument
made by critically examining logical consequences. 3.

A logical debate. 4. A disputant; a debater. PI. dialec
tics.
diallage (dr-aI-J-jee), n. [fro Greek diallage "interchange"]
A rhetorical figure of speech in which arguments are
placed in several points ofview, and then brought to
bear on one point.
Dialogus de Scaccario (dr-al-J-gas dee skJ-kair-ee-oh),
n. [Law Latin "a dialogue of or about the Exchequer"]
Rist. A treatise, written during the reign ofHenry II, on
the Court of Exchequer, set up in imaginary dialogue
form between a master and a disciple . Although some
originally attributed the work to Gervase ofTilbury, it
was proba.bly written by Richard Fitz Nigel, the bishop
of London under Richard I, and the former Treasurer
ofthe Exchequer.
"The Dialogus de Scaccario is an anonymous book, but
there can be little doubt that we are right in ascribing it
to Richard Fitz Neal: that is to say, to Richard the son of
that Nigel, bishop of Ely .... The book stands out as an
unique book in the history of medieval England, perhaps
in the history of medieval Europe. A high officer of state,
the trusted counsellor of a powerful king, undertakes to
explain to all whom it may concern the machinery of gov
ernment. He will not deal in generalities, he will conde
scend to minute details. Perhaps the book was not meant
for the general public so much as for the numerous clerks
who were learning their business in the exchequer, but still
that such a book should be written, is one of the wonderful
things of Henry's wonderful reign." 1 Frederick Pollock &
Frederic W. Maitland, The History ofEnglish Law Before the
Time ofEdward 1161-62 (2d ed. 1898).
dianatic (dI-d-nat-ik). See DIANOETIC.
dianoetic (dI-a-noh-et-ik), n. [Greekdianoetikos, fro dia
"through" + noein "to revolve in the mind"] Archaic.
A form of logical reasoning that proceeds from one
subject to another. -Also termed (erroneously)
diana tic.
diarchy. See DYARCHY.
diarium (dr-air-ee-am), n. [fro Latin dies "day"] Roman
law. An allowance (usu. offood) needed for a day; a
daily allowance of food or pay. PI. diaria (dI-air
ee-<J).
diatim (dl-ay-tam). [fro Latin dies "day"] Every day;
daily.
dica (dl-k<'l), n. [Law Latin) An account tally. See TALLY
(1).
dicast (dI-kast or dik-ast), n. [Greek dikastesJ Rist. An
ancient Greek officer sitting as both judge and juror.
Each dicast was generally a free citizen over the age of
30. The dic


Greek officer sitting as both judge and juror.
Each dicast was generally a free citizen over the age of
30. The dicasts sat together in groups ofbetween 100 to
500, according to each case's importance, and decided
cases by a majority.
dicis causa (dI-sis kaW-Zd). [Latin] Roman law. For form's
sake; on the surface . The phrase appeared in reference
to transactions completed in a certain form to conceal
their true purpose.
dictate, vb. 1. To pronounce orally for transcription. 2.
To order; to command authoritatively.
dictation. 1. The act ofspeaking words to be transcribed.
2. The words so transcribed. dictator. L Roman law. An absolute ruler appointed in
an emergency for a term of six months and subject to
reappointment.
"In special emergencies, particularly in times of grave
crisis, either consul might appoint a dictator who exercised
supreme authority, but not beyond six months, unless
reappointed. This was, in effect, a temporary reversion
to monarChy." RW. Lee, The Elements ofRoman Law 14
(4th ed. 1956).
2. A person, esp. a ruler, with absolute authority.
dictum (dik-t;)m), n.(16c) 1. A statement of opinion or
belief considered authoritative because of the dignity
ofthe person making it. 2. A familiar rule; a maxim. 3.
OBITER DICTUM. PI. dicta. [Cases: Courts (;:=>92.]
"As a dictum is by definition no part of the doctrine of the
deciSion, and as the citing of it as a part of the doctrine
is almost certain to bring upon a brief maker adverse
comment, lawyers are accustomed to speak of a dictum
rather slightingly, and sometimes they go so far as to
intimate a belief that the pronouncing of a dictum is the
doing of a wrong. Yet it must not be forgotten that dicta
are frequently, and indeed usually, correct, and that to give
an occasional illustration, or to say that the doctrine of
the case would not apply to some case of an hypothetical
nature, or to trace the history of a doctrine, even though it
be conceded, as it must, that such passages are not essen
tial to the deciding of the very is often extremely
useful to the profession." William M. et aI., BriefMaking
and the Use ofLaw Books 307 (3d ed. 1914).
dictum proprium (dik-tam proh-pree-am). A personal
or individual dictum that is given by the judge who
delivers an opinion but that is not necessarily con
curred in by the whole court and is not essential to
the disposition of the case. Also termed (loosely)
dictum propria.
gratis dictum (gray-tis dik-tam). 1. A voluntary state
ment; an assertion that a person makes without being
obligated to do so. 2. A court's stating ofa legal prin
ciple more broadly than is necessary to decide the
case. 3. A court's discussion of points or questions
not raised by the record or its suggestion ofrules not
applicable in the case at bar.
judicial dictum. An opinion by a court on a question
that is directly involved, briefed, and argued by
counsel, and even passed on by the court, but that is
not essential to the decision. Cf. OBITER DICTUM.
obiter dictum. See OBITER DICTUM.
simplex dictum (sim-pleks dik-tam). An unproved or
dogmatic statement. See IPSE DIXIT.
dictum de Kenilworth (dik-tam dee ken-al-w;)rth), n.
[Law Latin "edict ofKenilworth"] Rist. A declaration
of an agreement between Edward I and the barons
who had opposed him under the leadership of Simon
de Montfort . The agreement, which concerned rent
on the lands forfeited in the rebellion, was so called
because it was made at Kenilworth castle in Warwick
shire in A.D. 1266. It was published in the Statutes of
the Realm and 52 Hen. 3.
dictum page. See pinpoint citation under CITATION (3).
dictum propria. See dictum proprium under DICTUM.

diebus feriatis 520
diebus feriatis (dl-a-bas feer-ee-ay-tis). [Latin] Hist. On
holidays.
diei dictio (dI-ee-I dik-shee-oh). [Latin "appointing a
day"] Roman law. 1. A magistrate's notice summon
ing the accused to appear on a fixed day for trial. 2.
The service ofa summons. Also written did dictitio,
diem dicere.
diem clausit extremum (dl-am klaw-zit ek-stree
mam), n. [Law Latin "he closed his last day"] Hist. 1.
A chancery writ, founded on the statute of Madbury,
ordering the county escheator, after the death of a
chief tenant of the Crown, to summon a jury to deter
mine the amount and value ofland owned by the chief
tenant, to determine the next heir, and to reclaim the
property for the Crown. -It was a type of inquisition
post mortem.
"Diem clausit extremum is a writ that lies where the king's
tenant that holds in chief, dies; then this writ shall be
directed to the excheator, to inquire of what estate he was
seised, who is next heir, and his age. and of the certainty
and value of the land, and of whom it is holden; and the
inquisition shall be returned into the chancery, which is
commonly called the office after the death ofthat person,"
Termes de fa Ley 169 (lst Am. ed. 1812).
2. An Exchequer writ ordering a sheriff to summon a
jury to investigate a Crown debtor's place ofdeath and
amount ofproperty owned, and to levy the property of
the deceased's heirs and executors, -Itwas repealed by
the Crown Proceedings Act of 1947.
"And there is another writ of diem clausit extremum
awarded out of the exchequer, after the death of an
accomptant or debtor of his majesty, to levy the debt of
his heir, executor, administrator's lands or goods." Termes
de fa Ley 169 (1 st Am. ed, 1812).
dies (dI-eez), n. [Latin] A day; days. PI. dies.
dies ad quem (dl-eez ad kwem), n. [Latin "the day to
which"] Civil law. An ending date for a transaction;
the ending date for computing time, such as the day
on which interest no longer accrues.
dies amoris (dI-eez ;3-mor-is), n. [Law Latin] Hist.
A day of favor; esp., a day set by the court for the
defendant to make an appearance. -This was usu.
the fourth day of the term, which was the first day
the court normally sat for business. In addition,
the defendant usu. had three days of grace from the
summons to appear, but an appearance on the fourth
day quarto die post ("on the fourth day thereafter")
was usu. sufficient.
dies a quo (dI-eez ay kwoh), n. [Latin "the day from
which"] Civil law, A transaction's commencement
date; the date from which to compute time, such as
a day when interest begins to accrue. La. Civ. Code
art. 1784.
dies cedit (dI-eez see-dit). [Latin "the time begins
to run"] Roman & Scots law. The day on which an
interest, esp. a legacy, vests; the day on which a condi
tional obligation becomes due. -An interest usu., but
not always, vested on the day of the testator's death.
Also termed dies cedens. Cf. dies venit. "A legacy was due, or became a valid right, either at the
death of the testator or the occurrence of a condition
precedent. This vesting of the property or the accruing
of an obligation determined the content and nature of the
interests involved. What the legatary got was discovered
by examining what the legacy actually carried with it on
the day when it became vested. To express the fact that
the legacy had become vested, the technical expression
dies cedit was used." Max Radin. Handbook ofRoman Law
434-35 (1927),
dies comitiales (dI-eez k;}-mish-ee-ay-leez). [Latin]
Roman law. 1he 190 days in the year when an election
could be held or the people could assemble as a legis
lative body. -The praetors could not hold court while
a legislative assembly was in session.
dies communes in banco (dI-eez ka-myoo-neez in
bang-koh), n. [Law Latin "common days before the
bench"]!. Regular appearance dates in court. -Also
termed common-return days. 2. An enactment printed
under the Statutes of Henry III, regulating continu
ances and writ return dates.
dies datus (dI-eez day-tas), n. [Law Latin "a given day"]
A continuance, esp. for a defendant before a decla
ration is filed; a time of respite in a case. - A con
tinuance granted after the filing of the declaration is
called an imparlance. See IMPARLANCE.
dies datus in banco (dI-eez day-tas in bang-kohl, n.
[Law Latin] A day given before the bench, as distin
gUished from a day at nisi prius.
dies datus partibus (dI-eez day-tas pahr-ta-bas), n.
[Law Latin "a day given to the parties"] A continu
ance; an adjournment.
dies dotus prece partium (dI-eez day-t;!s prce-see pahr
shee-am), n. [Law Latin "a day given at the prayer of
the parties"] A day given at the parties' request.
dies Dominicus (dI-eez da-min-i-kas), n. [Latin] The
Lord's day; Sunday.
dies excrescens (dI-eez ek-skree-sanz), n. [Law Latin
"the increasing day"] The additional day in a leap
year.
dies fasti (dI-eez fas-tI). [Latin] Roman law. A day
when justice could be administered; a day when the
praetor could officially pronounce the three words
"do," "dico," and "addico." -Also called triverbial
days. Cf. NEFASTUS.
dies feriati (dI-eez fer-ee-ay-tI), n. [Latin] Roman &
civil law. A holiday; holidays.
dies gratiae (dI-eez gray-shee-ee), n. [fr. Law French
jour de grace] Hist. A day of grace, usu. granted to
the plaintiff.
dies in banco. See DAYS IN BANK.
dies intercisi (dI-eez in-t;3r-SI-zI). [Latin "divided
days"] Roman law. A day when the courts were open
for only part of the day.
dies juridicus (dI-eez juu-rid-i-kas), n. [Latin] A day
when justice can be administered. -This term was
derived from the civil-law term dies Jasti. See dies
Jasti.

dies legitimus (dl-eez l<>-jit-i-m<>s). [Latin) Roman law.
A lawful day; a law day.
dies marchiae (dI-eez mahr-kee-ee), n. [Law Latin "a
day ofthe march"] Hist. In the reign ofRichard II, the
annual day set aside for the wardens of the English
and Scottish borders to hold peace talks and resolve
differences.
dies nefasti (dI-eez nee-fas-tl), n. 1. NEFASTUS (2). 2.
See dies non juridicus.
dies non (dJ-eez non). See dies non juridicus.
dies non juridicus (dI-eez non juu-rid-i-k<>s), n. [Law
Latin "a day not juridical") A day exempt from court
proceedings, such as a holiday or a Sunday. Often
shortened to dies non.
dies pads (dI-eez pay-sis), n. [Law Latin "day ofpeace")
Hist. A day of peace. _ The days were originally
divided into two categories: dies pacis ecclesiae ("a
day of the peace ofthe church") and dies pads regis
("a day ofthe Crown's peace").
dies religiosi (dI-eez ri-lij-ee-oh-sI). [Latin] Roman law.
Religious days on which it was unlawful to transact
legal or political business.
dies solaris (dl-eez sd-Iair-is), 11. [Law Latin "a solar
day"] See solar day under DAY.
dies solis (dl-eez soh-lis). [Latin "day of the sun"]
Roman law. Sunday.
dies utiles (dl-eez yoo-t<>-leez). [Latin "available days"]
Roman law. A day when something can be legally
done, such as an application to the praetor to claim
an inheritance.
dies venit (dl-eez vee-nit). [Latin "the day has corne"]
Romal1 & Scots law. The date when an interest is both
vested and actionable. _ It is usu. the day when the
heir accepts the inheritance and a legatee can claim
payment ofa legacy. Also termed dies veniel1s. Cf.
dies cedit.
"But the legacy, though vested, is not yet so completely the
property of the legatary that he may bring an action for
it. To the fact that such a right of action accrues,
the term venit was used. In general, it may be said
that dies veniens occurred when, and not until, the heres
has actually entered upon the inheritance. But, of course,
if the legacy was conditional, the heres may enter before
the condition happens. In that case, dies veniens will occur
simultaneously with dies cedens; i.e., the legacy will vest
and the bequest become actionable at the same moment."
Max Radin, Handbook ofRoman Law 435 (1927).
d


actionable at the same moment."
Max Radin, Handbook ofRoman Law 435 (1927).
dies votorum (dl-eez voh-tor-am), n. [Latin "a day of
vows"] A wedding day.
diet. 1. A esp. offood. 2. (cap.) A nation's parlia
mentary assembly, as in Israel, Japan, or some eastern
European nations. 3. A governing body's meeting day
for legislative, political, or religious purposes; speci., a
national assembly ofvarious European countries, such
as the diet ofthe German empire, which was summoned
by the emperor regularly to perform various functions,
including levying taxes, enacting laws, and declaring
war. 4. Scots law. A day to perform a duty, such as a court sitting day, an appearance day, and a criminal
pleading or trial day. -Also spelled dyet.
"In procedure on indictment there are two diets, the
pleading diet, when the accused is called to plead, and the
trial diet when, if he has pled not gUilty, he is tried." David
M. Walker, The Oxford Companion to Law 357 (1980).
dieta (dI-ee-tJ), 11. [fr. Latin dies "day"] Hist. 1. A day's
journey. 2. A day's work. 3. A day's expenses.
dietary law. Any of the body of laws observed by
members of various faiths regulating what foods may
be eaten, how the foods must be prepared and served,
and what combinations and contacts (e.g., between
meat and milk) are prohibited.
di. etfl. (dI et fl). abbr. DILECTO ET FIDEL!.
Dieu et mon droit (dyuu ay mawn drwah). [French "God
and my right"] The motto ofthe royal arms ofEngland.
-It was first used by Richard I and, with the exception
of Elizabeth 1, was continually used from Edward III
to William III, who used the motto je maintiendrey.
Queen Anne used Elizabeth 1'8 motto, semper eadem,
but Dieu et mon droit has been used since her death.
Dieu son acte (dyuu sawn akt), n. [Law Latin "an act of
God"] Hist. An act of God, beyond human controL
diffacere (di-fay-sJ-ree), vb. [fro Old French deffacerl
Hist. To deface; to mutilate. Also termed disfacere;
defacere.
different-department rule. A doctrine holding that
people who work for the same employer are not fellow
servants ifthey do not do the same work or do not work
in the same department. -This rule, which creates an
exception to the fellow-servant doctrine, has been
rejected by many jurisdictions. See FELLOW-SERVANT
DOCTRINE;feliow servant under SERVANT. [Cases: Labor
and Employment (;:::>2921.]
differential pricing. (1946) The setting of the price ofa
product or service differently for different customers.
See PRICE DISCRIMINATION.
difforciare (di-for-shee-air-ee), vb. [Law Latin "to deny"]
Hist. To keep (something) from someone; to deny
(something) to someone.
diffused surface water. See WATER.
DIF system. See DISCRIMINANT FUNCTION.
digama (dig-J-m<. See DEUTEROGAMY.
digamy (dig-<>-mee). See DEUTEROGAMY.
digest, 11. (14c) 1. An index oflegal propositions showing
which cases support each proposition; a collection of
summaries of reported cases, arranged by subject
and subdivided by jurisdiction and court. _ The chief
purpose ofa digest is to make the contents of reports
available and to group together those cases bearing on
some specific point. The American Digest System covers
the decisions ofall American courts oflast resort, state
and federal, from 1658 to present. Abbr. D.; Dig.
"An important and numerous class of books included in the
general division designated as books of secondary author
ity is the group known by the generic name of 'Digests.' A
Digest is essentially an index to Cases. But it is much more

522 digital agenda
than an ordinary index, for it indicates the holdings and (in
some, though not all, publications) the facts of each case.
Any particular digest is a summary of the case law coming
within its scope, and its units are summaries of particular
points of particular cases. What the syllabi of a reported
case are to that case, a digest is to many cases. Were a
digest simply a collection of citations to cases, arranged
logically according to the contents of such cases, it would
be a search book; but, being a summary of the case law, it
is a book of secondary authority." William M. Lile et aI., Brief
Making and the Use ofLaw Books 68 (3d ed. 1914).
2. Civil law. (cap.) A compilation and systematic state
ment of the various areas of law; chiefly, the Pandects
ofJustinian in 50 books, known as the Digest. -Also
termed (figesta; digests. See PANDECT (2).
digital agenda. Copyright. A series of 10 proposed
changes to copyright law announced by WI PO in 1999
and deSigned to protect intellectual-property rights
on the Internet while promoting e-commerce. Also
termed W!PO digital agenda.
digital cash. See e-money under MONEY.
digital certificate. A publicly available computer-based
record that identifies the certifying authority and
the subscriber who was issued a digital signature for
electronically transmitted documents and that also
provides the person's public key for decrypting the
digital signature . Subscribers register with certifica
tion authorities to obtain digital signatures. Certificates
may include additional information, including issuance
and expiration dates, and recommended reliance limits
for transactions relying on the certificate. The certifi
cate also serves as an electronic notarization when
attached to an electronic document by the sender.
digital fingerprinting. See STEGANOGRAPHY.
Digital Millennium Copyright Act. A 1998 federal
law harmoniZing United States copyright protection
with international law, limiting copyright liability for
Internet service providers, and expanding software
owners' ability to copy programs . Among many other
provisions, the statute extends copyright protection
to computer programs, movies, and other audiovisual
works worldwide; attempts to regulate cyberspace;
forbids devices whose purpose is to evade digital
antipiracy tools; and bars the production or distribu
tion of falsified copyright-management information. 17
USCA  1301-1332. Abbr. DMCA. [Cases: Copy
rights and Intellectual Property C::::> 34, 67.3.]
digital sampling. See SAMPLING.
digital signature. See SIGNATURE.
digital watermarking. See STEGANOGRAPHY.
dignitary, adj. Ofor relating to one's interest in personal
dignity, as contrasted with one's interest in freedom
from physical injury and property damage. Tort
actions that compensate a plaintiff for a dignitary insult
rather than physical injury or property damage include
false-light privacy and negligent infliction of emotional
distress.
dignitary, n. 1. A person who holds a high rank or honor.
2. Eccles. law. A person who, by virtue of holding a superior office stands above ordinary priests and
canons.
dignitary tort. See TORT.
dignity, n. 1. The state ofbeing noble; the state of being
dignified. 2. An elevated title or position. 3. A person
holding an elevated title; a dignitary. 4. A right to hold
a title of nobility, which may be hereditary or for life.
"Dignities may be hereditary, such as peerages ... or for
life, such as life peerages and knighthoods. The dignities
of peerages and baronetcies are created by writ or letters
patent, that of knighthood by dubbing as knight. A dignity
of inheritance may also exist by prescription. Dignities of
inheritance are incorporeal hereditaments having been
originally annexed to the possession of certain lands or
created by a grant of those lands and are generally limited
to the grantee and his heirs Of his heirs of the body. If
heirs are not mentioned, the grantee holds for life only.
The heirs are determined by the rules which governed the
descent of land prior to 1926." David M. Walker, The Oxford
Companion to Law 358 (1980).
dijudication (dI-joo-d<'i-kay-sh;m). Archaic. A judicial
determination.
dilapidation. (often pl.) Damage to a building resulting
from acts of either commission or omission . A dilapi
dation may give rise to liability if it constitutes an act
ofwaste, a breach of contract, or a statutory violation.
[Cases: Landlord and Tenant C::::>S5, 125, 154, 166.J
dilapidations. action for (d<'i-Iap-;}-day-sh<'inz). Hist.
An action brought by a new incumbent of a benefice
for damages rising from the disrepair ofthe houses or
buildings on the benefice . The incumbent -whether
of a rectory, a vicarage, or a chapel -sued the execu
tors or administrators ofthe incumbent's deceased pre
decessor (who was not liable for the disrepairs while
living). The incumbent of a benefice was bound to
maintain the parsonage, farm buildings, and chancel
in good and substantial repair, restoring and rebuilding
when necessary, according to the original plan. But the
incumbent did not have to supply or maintain anything
in the nature of ornament.
dilatory (dil-<'i-tor-ee), adj. (15c) Tending to cause delay
<the judge's opinion criticized the lawyer's persistent
dilatory tactics>.
dilatory defense. See DEFENSE (1).
dilatory exception. See EXCEPTION (1).
dilatory fiduciary. See FIDUCIARY.
dilatory motion. 1. See MOTION (1). 2. See MOTION (2).
dilatory plea. See PLEA (3).
dilecto et fideli (di-lek-toh et fi-dee-h). [Law LatinJ To his
beloved and faithful.  This phrase was used in various
writs. Abbr. di. etfl.
diligence. (14c) 1. A continual effort to accomplish some
thing. 2. Care; caution; the attention and care required
from a person in a given situation . The Roman-law
equivalent is dilegentia. See DILEGENTIA.
"Care, or the absence of negligentia, is diligentia. The use
of the word diligence in this sense is obsolete in modern
English, though it is still retained as an archaism of legal
diction. In ordinary usage, diligence is opposed to idleness,

not to carelessness." John Salmond, Jurisprudence 393 n.(i)
(Glanville L. Williams ed., 10th ed. 1947).
common diligence. 1. See due diligence (0. 2. See
ordinary diligence.
due diligence. (18c) 1. The diligence reasonably
expected from, and ordinarily exercised by, a person
who seeks to satisfy a legal requirement or to dis
charge an obligation. Also termed reasonable dili
gence; common diligence. 2. Corporations & securities.
A prospective buyer's or broker's investigation and
analysis of a target company, a piece of property, or
a newly issued security. - A failure to exercise due
diligence may sometimes result in liability, as when
a broker recommends a security without first inves
tigating it adequately. [Cases: Securities Regulation
C:=>25.21(4),25.62(2).]
extraordinary diligence. Extreme care that a person
of unusual prudence exercises to secure rights or
property.
great diligence. The diligence that a very prudent
person exercises in handling his or her own property
like that at issue. -Also termed high diligence.
low diligence. See slight diligence.
necessary diligence. The diligence that a person is
required to exercise to be legally protected.
ordinary diligence. (18c) The diligence that a person
of average prudence would exercise in handling his
or her own property like that at issue. Also termed
common diligence.
reasonable diligence. (18c) 1. A fair degree of diligence
expected from someone ofordinary prudence under
circumstances like those at issue. 2. See due diligence
(1).
slight diligence. (1836) The diligence that a person of
less than common prudence takes with his or her own
concerns. Also termed low diligence.
special diligence. The diligence expected from a person
practicing in a particular field ofspecialty under cir
cumstances like those at issue.
3. Patents. Speed and perseverance in perfecting an
invention. _ Diligence is one factor in deciding which
of two or more independent inventors will be granted
a patent: if the first inventor cannot prove reason
able diligence in reducing the invention to practice, a
later inventor may take priority. [Cases: Patents
90(3).] 4. Scots law. A court-issued warrant to compel
something, such as the attendance of a witness or the
enforcement of an unpaid judgment debt. 5. Scots
law. Any legal process available to a creditor to seize
a debtor's property to compel the debtor to answer an
action for debt, to preserve the property as security for
a judgment that the creditor may obtain, or to liqui
date the property in satisfaction ofa judgment already
obtained. -Forms of diligence include adjudication,
arrestment, inhibition, poinding, and sequestration for
rent. Until the mid-20th century, a debtor could also be
imprisoned. The term diligence is also sometimes used to denote a warrant that may be granted to compel a
witness's attendance or to compel production of docu
ments. See EX


warrant that may be granted to compel a
witness's attendance or to compel production of docu
ments. See EXECUTION (3).
diligence against the heritage. Scots law. A writ of exe
cution allowing a creditor to proceed against a debtor's
real property.
diligent, adj. Careful; attentive; persistent in doing
something.
diligentia (dil-a-jen-shee-a), n. [Latin] Roman law. Care
fulness; diligence. _ The failure to exercise diligentia
might make a person liable if contractually obliged to
look after another's interests, or it might result in tort
liability. See DILIGENCE. Cf. NEGLIGENTIA.
"The texts distinguish two standards of diligence, a higher
and a lower. The higher is the diligence which the good
father of a family habitually exhibits in his own affairs
(diligentia exacta or exactissima diligentia boni patris
familias). The lower is the diligence which the person
in question exhibits in his own affairs (diligentia quam
suis rebus). This may, in fact, reach a high degree of dili
gence or it may not. But, at least, where this standard is
applied nothing extraordinary is expected. It is a concrete
standard. It is enough that the person in question pursues
his normal course. According to a traditional terminology,
where the first standard is applied, there is said to be liabil
ity for culpa levis in abstracto slight negligence in the
abstract; in the second case there is liability for culpa levis
in concreto slight negligence in the concrete." R.W. lee,
The Elements of Roman Law 288 (4th ed. 1956).
diligentia exactissima (dil-a-;en-shee-;) eks-ak-tis
;)-ma). [Latin] Extraordinary diligence that a head
of a family habitually exercises in business. -Also
termed diligentia exacta; diligentia boni patrisfamil
ias. See extraordinary diligence under DILIGENCE.
diligentia media (dil-i-jen-shee-a mee-dee-a). [Law
Latin1Scots law. Middle level ofdiligence; the level of
diligence that a person ofordinary prudence exercises
in his or her own affairs. Also termed diligentia
quam suis rebus (dil-a-jen-shee- a kwam s[y]oo-is
ree-bas). See ordinary diligence under DILIGENCE.
diligentia quam suis rebus. See diligel1tia media.
exacta diligentia (eg-zak-ta dil-a-jen-shee-a). [Latin]
Roman law. Great care.
diligent inquiry. A careful and good-faith probing to
ascertain the truth ofsomething.
diligiatus (da-Iij-ee-ay-tas), n. [fro Latin dis-"apart" +
Zigius "under legal protection"] A person cast out ofthe
law's protection; an outlaw.
Dillon's rule. The doctrine that a unit oflocal govern
ment may exercise only those powers that the state
expressly grants to it, the powers necessarily and fairly
implied from that grant, and the powers that are indis
pensable to the existence of the unit of local govern
ment. _ For the origins of this rule, see 1John F. Dillon,
The Law ofMunicipal Corporations  89, at 115 (3d ed.
1881). [Cases: Municipal Corporations
dilution. (17c) 1. 'The act or an instance ofdiminishing a
thing's strength or lessening its value. 2. Corporations.
The reduction in the monetary value or voting power
ofstock by increasing the total number ofoutstanding

Dilution Act 524
shares. 3. Constitutional law. The limitation of the
effectiveness of a particular group's vote by legislative
reapportionment or political gerrymandering . Such
dilution violates the Equal Protection Clause. Also
termed vote dilution. [Cases: Constitutional Law C'-:::'
3658.J 4. Trademarks. "The impairment of a famous
trademark's strength, effectiveness, or distinctiveness
through the use of the mark on an unrelated product,
usu. blurring the trademark's distinctive character or
tarnishing it with an unsavory association . Trade
mark dilution may occur even when the use is not com
petitive and when it creates no likelihood of confusion.
The elements of trademark dilution are (1) ownership
ofa famous mark and (2) actual dilution. But a plaintiff
does not have to prove actual loss of sales or profits.
Moseley v. V Secret Catalogue, Inc., 537 U.S. 418, 123
S.Ct. 1115 (2003). See BLURRING; TARNISHMENT. [Cases:
Trademarks C=> 1458.]
Dilution Act. See FEDERAL TRADEMARK DILUTION ACT.
dilution doctrine. Trademarks. The rule protect
ing a trademark from a deterioration in strength, as
when a person seeks to use the mark for an unrelated
product.
dimidietas (dim-<l-dI-<l-tas), n. [Law Latin] Hist. Half of
something; a moiety.
dimidium (di-mid-ee-;}m), n. [Latin "half"] Hist. 1. Half;
a half -as in dimidium unius libratae ("half a pound").
2. An undivided halfofsomething.
dimidius (di-mid-ee-as), adj. [Latin "half"] Hist. 1. Half;
doubled. 2. Loosely, incomplete.
diminished capacity. See CAPACITY (3).
diminished responsibility. See diminished capacity
under CAPACITY (3).
diminutio. See DEMINt:TIO.
diminution (dim-a-n[yJoo-sh<ln), n. (l4c) 1. The act or
process ofdecreasing, lessening, or taking away. 2. An
incompleteness or lack ofcertification in a court record
sent from a lower court to a higher one for review. 3.
Trademarks. BLURRING. -diminish (for sense 1), vb.
diminution-in-value method. (1980) A way ofcalculat
ing damages for breach ofcontract based on a reduction
in market value that is caused by the breach. [Cases:
Damages C=> 123.]
dimissoriae litterae (dim-<l-sor-ee-ee lit-<lr-ee), n.
[Latin "dimissory letters"] Eccles. law. See DIMISSORY
LETTERS.
dimissory letters (dim-a-sor-ee). 1. Hist. Eccles. law. Doc
uments allowing a clergy member to leave one diocese
for another. 2. Eccles. law. Documents provided by one
bishop to enable another bishop to ordain a candidate
already ordained in the former bishop's diocese.
dimpled chad. See CHAD.
diocesan (dr-os-;}-san), adj. Ofor belonging to a diocese;
of or relating to the relationship between a bishop and
the clergy within the diocese.
diocesan court. See COt:RT. diocesan mission. A mission performing its work in a
single diocese.
diocesan synod. See SYNOD.
diocese (dl-<l-Sees or -sis). 1. Roman law. A division of
the later Roman empire into groups of provinces. 2.
Eccles. law. A territorial unit of the church, governed
by a bishop, and further divided into parishes. 3. Eccles.
law. A bishop's jurisdiction . Several dioceses together
are governed by an archbishop.
dioichia (dI-oy-kee-a), n. [fro Latin diocesis "a diocese"]
A district over which a bishop exercises his spiritual
functions.
DIP. abbr. DEBTOR-I"'-POSSESSION.
diploma. 1. Roman law. A letter giving permission to
use the imperial post. 2. Hist. A royal charter; letters
patent. 3. A document that evidences or memorializes
graduation from a school or society. Cf. DEGREE (6).
[Cases: Schools (;::::) 178.]4. A document that evidences
a license or privilege to practice a profession, such as
medicine.
diplomacy, n. Int'llaw. 1. The art and practice of con
ducting negotiations between national governments.
open diplomacy. Diplomacy carried on with free access
to interested observers and members ofthe press.
parliamentary diplomacy. The negotiations and dis
cussions carried out in international organizations
according to their rules ofprocedure.
secret diplomacy. Diplomacy carried on behind closed
doors. Also termed quiet diplomacy.
shuttle diplomacy. Diplomatic negotiations assisted by
emissaries, who travel back and forth between nego
tiating countries . In legal contexts, the term usu.
refers to a similar approach used by a mediator in
negotiating the settlement ofa lawsuit. The mediator
travels back and forth between different rooms, one
ofwhich is assigned to each side's decision-makers
and counsel. The mediator relays offers and demands
between the rooms and, by conferring with the parties
about their positions and about the uncertainty ofliti
gation, seeks to reach an agreed resolution ofthe case.
The mediator does not bring the parties together in
the same room.
2. Loosely, foreign policy. 3. The collective functions
performed by a diplomat. diplomatic, adj.
diplomat, n.
diplomatic, n. See DIPLOMA TICS.
diplomatic agent. See AGENT (2).
diplomatic bag. See DIPLOMATIC POUCH.
diplomatic corps. Int'llaw. The ambassador and other
diplomatic personnel assigned by their government to
a foreign capital.
diplomatic immunity. See IMMUNITY (1).
diplomatic pouch. 1. A bag containing official corre
spondence, documents, or articles intended exclu
sively for official communications of a nation with its

525
missions, consular posts, or delegations. 2. The contents
ofthe bag. -Also termed diplomatic bag; valise diplo
matique.
diplomatic protection. Protection given by one coun
try's representatives to a person, usu. its citizen, against
another country's alleged violation of international
law.
"The term diplomatic protection is not altogether precise.
First, not only diplomatic agents and missions and other
foreign offices may and do exercise diplomatic protection,
but also, at a different level, consuls, and, although very
rarely, military forces. Secondly, the term diplomatic pro
tection does not clearly denote the boundary line to other
diplomatic activities for the benefit of individuals, such as
mere promotion of interests in one's own nationals in a
foreign State, or friendly intercessions with foreign authori
ties_ Thus, diplomatic or consular actions to obtain conces
sions or other government contracts for nationals from
the receiving State, or the arrangement of legal defense
for ajustly imprisoned national are not diplomatic protec
tion in our sense; they are usually neither directed against
the other State nor based on a real or alleged violation of
international law_ All these last-mentioned activities may
be called diplomatic protection only if the term is taken in
a very broad sense." William Karl Geck, "Diplomatic Protec
tion." in 1 Encyclopedia of Public International Law 1046
(1992).
diplomatic relations. Int'llaw. The customary form of
permanent contact and communication between sov
ereign countries. [Cases: Ambassadors and Consuls
(';::>3; International Law C:::::> 10-10.2.]
diplomatic representation. See REPRESENTATION (5).
diplomatics. The science of deciphering and authenti
cating ancient writings . The principles were largely
developed by the Benedictine Dom Mabillon in his
1681 work entitled De re diplomatica. -Also termed
diplomatic (n.).
"Diplomatics, the science derived from the study of ancient
diplomas, so called from being written on two leaves, or
on double tablets. The Romans used the term more spe
cially for the letters of license to use the publiC convey
ances provided at the different stations, and generally for
public grants. Subsequently it attained a more extended
signification, and in more modern times has been used
as a general term for anCient imperial and ecclesiastical
acts and grants, public treaties, deeds of conveyance,
letters, wills, and similar instruments, drawn up in forms
and marked with peculiarities varying with their dates and
countries. With the revival of literature, the importance of
such documents in verifying facts and establishing public
and private rights led to their being brought together
from the historical works and the monastic registers in
which they had been copied, or, in rarer instances, from
public and ecclesiastical archives where the originals were
still preserved, Then arose questions of authenticity, and
doubts of the socalled originals; disputants defended or
condemned them; and, in order to establish principles for
distinguishing the genuine from the forged, treatises were
written on the whole subject of these diplomas." 7 Encyclo
paedia Britannica 220 (9th ed. 1907).
Diplomatic Security Service. See BUREAU OF DIPLO
MATIC SECURITY.
diptych (dip-tik), n. Latin diptycha fro Greek diptycha
"two-leaved"] 1. Roman law. Two tablets usu. made of
wood or metal and tied with string through holes at
the edges so that they could fold over (like a book with direct action
two leaves) . Diptychs were often used to send letters,
and the text was sometimes written using a stylus, once
on the inside waxed leaves and again on the outside,
so that it could be read without opening the tablets.
2. Hist. Eccles. law. Tablets used by the church, esp. to
register names of those making supplication, and to
record births, marriages, and deaths. 3. Hist. Eccles.
law. The registry ofthose names.
"The recitation of the name of any prelate or civil ruler
in the diptychs was a recognition of his orthodoxy; its
omission, the reverse. The mention of a person after death
recognized him as having died in the communion of the
church, and the introduction of his name into the list of
saints or martyrs constituted canonization. In liturgics the
diptychs are distinguished


his name into the list of
saints or martyrs constituted canonization. In liturgics the
diptychs are distinguished as rhe diptychs ofthe living and
the diprychs of the dead, the latter induding also the com
memoration of the saints .... In the Western Church the
use of the diptychs died out between the ninth and the
twelfth century; in the Eastern Church it still continues." 2
The Century Dictionary and Cyclopedia (1895).
"Diptychs were used in the time of the Roman empire for
sending letters .... The consula and quaestors used, on
assuming office, to send diptychs containing their names
and portraits to their friends .... The early Christians used
tablets thus made in the celebration of divine worship __ . ,
They were placed on ... the pulpits, or reading desks,
which may still be seen in ancient basilicas at the west end
of the choir or presbytery; and from them were read to the
congregation of the faithful the names of the celebrating
priests, of those who occupied the superior positions in the
Christian hierarchy, of the saints, martyrs, and confessors,
and, in process of time, also of those who had died in the
faith.... The inscription on the diptychs of deaths and
baptisms, naturally led to the insertion of dates, and the
diptychs seem thus to have grown into calendars, and to
have been the germ from which necrologies, lists of saints,
and almanacs have been developed," 7 Encyclopaedia Bri
tannica 22324 (9th ed. 1907),
dirationare (di-ray-shee-a-nair-ee), vb. [fro Latin dis
"thoroughly" + ratiocinari "to reason"] Hist. 1. To
prove; to establish one's right. 2. To disprove; to refute
(an allegation).
direct (di-rekt), adj. 1. (Of a thing) straight; undeviating
<a direct line>. 2. (Of a thing or a person) straightfor
ward <a direct manner> <direct instructions>. 3. Free
from extraneous influence; immediate <direct injury>.
4. Ofor relating to passing in a straight line ofdescent,
as distinguished from a collateral line <a direct descen
dant> <a direct ancestor>. 5. (Of a political action)
effected by the public immediately, not through repre
sentatives <direct resolution> <direct nomination>.
direct, n. See DIRECT EXAMINATION.
direct, vb. (I4c) 1. To aim (something or someone). 2. To
cause (something or someone) to move on a particular
course. 3. To guide (something or someone); to govern.
4. To instruct (someone) with authority. 5. To address
(something or someone).
direct action. (1912) 1. A lawsuit by an insured against
his or her own insurance company rather than against
the tort feasor and the tortfeasor's insurer. 2. A lawsuit
by a person claiming against an insured but suing the
insurer directly instead of pursuing compensation indi
rectly through the insured. [Cases: Insurance C=-3542.]
3. A lawsuit to enforce a shareholder's rights against a

526 direct-action statute
corporation. Cf. DERIVATIVE ACTION (1). [Cases: Cor
porations C=>202.)
direct-action statute. A statute that grants an injured
party direct standing to sue an insurer instead of the
insured tortfeasor. Under Rhode Island's direct
action statute, for example, an injured party may
bring a direct action against an insurer when good
faith efforts to serve process on the insured are unsuc
cessful. These statutes exist in several states, including
Alabama, Arkansas, Louisiana, Minnesota, New York,
Pennsylvania, and Wisconsin. [Cases: Insurance
3542.]
direct adoptiou. See private adoption under
ADOPTION.
direct affinity. See AFFINITY.
direct aggression. See AGGRESSION.
direct and proximate cause. See proximate cause under
CAUSE (1).
direct appeal. See APPEAL.
direct attack. 1. An attack on a judgment made in the
same proceeding as the one in which the judgment was
entered; speci., seeking to have the judgment vacated
or reversed or modified by appropriate proceedings in
either the trial court or an appellate court . Examples
ofdirect attacks are motions for new trial and appeals.
Cf. COLLATERAL ATTACK. 2. The taking ofindependent
proceedings in equity to prevent the enforcement of a
judgment.
direct beneficiary. See intended beneficiary under BEN
EFICIARY.
direct cause. See proximate cause under CAUSE (1).
direct charge-off accounting method. See ACCOUNT
INGMETHOD.
direct confession. See CONFESSION.
direct confusion. See CONFUSION.
direct contempt. See CONTEMPT.
direct conversion. See CONVERSION (2).
direct cost. See COST (1).
direct damages. See general damages under DAMAGES.
direct deposit. See DEPOSIT (2).
direct economic loss. See ECONOMIC LOSS.
directed verdict. See VERDICT.
direct estoppel. See COLLATERAL ESTOPPEL.
direct evidence. See EVIDENCE.
direct examination. (1859) The first questioning of a
witness in a trial or other proceeding, conducted by
the party who called the witness to testify. Often
shortened to direct. -Also termed examination-in
chief Cf. CROSS-EXAMINATION; REDIRECT EXAMINA
TION. [Cases: Witnesses C=>224-245.J
direct infringement. See INFRINGEMENT.
direct injury. See INJURY.
direct interest. See INTEREST (2). direction (di-rek-sh;m). 1. The course taken in relation
to the point toward or away from which something or
someone is moving; a point to or from which a person
or thing moves <the storm moved in a northerly direc
tion>. 2. The course on which something is aimed <the
direction of the trial>. 3. An act of guidance <under
the chair's direction>. 4. An order; an instruction on
how to proceed <the judge's direction to the jury>. See
JURY INSTRUCTION. 5. The address to the court con
tained on a bill of equity <the direction on the bill>.
[Cases: Equityc=> 131.) 6. A board of directors; a board
ofmanagers <the direction met on Wednesday>.
directive. See ADVANCE DIRECTIVE.
Directive Harmouizing the Term of Copyright and
Certaiu Related Rights. Copyright. A 1993 European
Commission initiative setting the term of most copy
right protection at the life ofthe author plus 70 years.
The directive extended coverage in most member coun
tries to match that of Germany, whose term was the
longest on the Continent. In 2006, it was repealed. Its
provisions were incorporated into the Directive on the
Term of Protection of Copyright and Certain Related
Rights. -Also termed Duration Directive.
Directive on Certain Aspects ofElectronic Commerce
in the Internal Market. Copyright. A 2000 European
Commission initiative that harmonizes members' laws
governing commercial use of the Internet, including
electronic contracts, the liability ofservice providers,
unsolicited commercial e-mail, and related issues.
Also termed Electronic Commerce Directive; E-Com
merce Directive.
Directive on Rental, Lending and Certain Neighboriug
Rights. Copyright. A 1992 European Commission ini
tiative setting rules for reimburSing copyright owners
for home rental and public lending of videotapes and
other copies of works, and establishing the rights of
performers, producers, broadcasters, and cable dis
tributors. Also termed Rental and Related Rights
Directive; Rental Directive.
Directive on the Coordination of Certain Rules
Concerning Copyright and Neighbouriug Rights
Applicable to Satellite Broadcasting and Cable
Retransmission. Copyright. A 1993 European Com
mission initiative requiring members, among other
things, to (1) recognize the right of a copyright owner
to decide whether the work may be relayed by either
cable or satellite, and (2) define the "place" ofa satellite
broadcast as the location where the Signal originates.
Also termed Cable and Satellite Directive.
Directive ou the Legal Protection of Computer
Programs. Copyright. A 1991 European Commis
sion initiative requiring members to protect computer
software by copyright rather than by patent or some sui
generis set oflegal rights . The purpose ofthe Directive
was to harmonize copyright laws among the members
of the European Commission. It standardized the
degree of originality required for software to qualify
for copyright protections. -Also termed Computer
Programs Directive; Software Directive.

Directive on the Legal Protection ofDatabases. Copy
right. A 1996 European Commission initiative that
sets uniform copyright protection among members for
databases of original content and requires a sui generis
system of protection for databases that do not qualify
for copyright protection because their content is not
original. Also termed Database Directive.
Directive on the Term of Protection ofCopyright and
Certain Related Rights. See DIRECTIVE HARMONIZ
ING THE TERM OF COPYRIGHT AND CERTAIN RELATED
RIGHTS.
directive to physicians. See LIVING WILL.
direct line:See LINE.
direct-line descent. See lineal descent under DESCENT.
direct loss. See LOSS.
directly, adv. 1. In a straightforward manner. 2. In a
straight line or course. 3. Immediately.
direct notice. See NOTICE.
director (di-rek-tdr). (15c) 1. One who manages, guides,
or orders; a chief administrator. 2. A person appointed
or elected to sit on a board that manages the affairs ofa
corporation or other organization by electing and exer
cising control over its officers. Also termed trustee.
See BOARD OF DIRECTORS. Cf. OFFICER (1).
affiliated director. See outside director.
class director. 1. A director whose term on a corpo
rate board is staggered with those of the other direc
tors to make a hostile takeover more difficult. 2. A
director elected or appointed to a corporate board to
represent a special interest group, e.g., the preferred
stockholders.
dummy director. A board member who is a mere fig
urehead and exercises no real control over the cor
poration's business. -Also termed accommodation
director; nominal director.
inside director. A director who is also an employee,
officer, or major shareholder of the corporation.
Corporations (;::::J 310(1).]
interlocking director. A director who simultaneously
serves on the boards oftwo or more corporations that
deal with each other or have allied interests.
outside director. A nonemployee director with little or
no direct interest in the corporation. -Also termed
affiliated director. [Cases; Corporations (;::::>310(1).]
provisional director. A director appointed by a court
to serve on a close corporation's deadlocked board
ofdirectors.
public director. A director elected from outside a cor
poration's shareholders or an organization's member
ship to represent the public interest.
direct order ofalienation. (1852) Real estate. The prin
ciple that a grantee who assumes the debt on a mort
gaged property is required to pay the mortgage debt
if the original mortgagor defaults. [Cases; Mortgages Director of Public Prosecutions. An officer (usu. a bar
rister or solicitor often years' standing) who advises
the police and prosecutes criminal cases in England,
Wales, and Northern Ireland under the supervision of
the Attorney General.  This title, or a similar one, is
used in various countries, including Australia, Canada,
China, Northern Ireland, the Republic ofIreland, and
South Africa. In Scotland, the equivalent officer is the
procurator fiscal.
Director of the Mint. An officer appointed by the Pres
ident, with the advice and consent of the Senate, to
control and manage the U.S. Mint and its branches.
[Cases: United States
Director of the United States Patent and Trademark
Office. The presidential appointee in charge ofthe U.S.
Patent and Trademark Office . Until a 2000 reorga
nization, the PTO chief was the Commissioner of
Patents and Trademarks. The Director is also the Under
Secretary of Commerce for Intellectual Property.
Formerly termed Commissioner ofPatents and Trade
marks. [Cases; Patents
directors' and officers' liability insurance. See INSUR
ANCE.
directory, n. 1. A book containing an alphabetical list of
names, addresses, and telephone numbers, esp. those
of a city's or area's residents and businesses. [Cases;
Telecommunications 2. Any organization's
publication containing information on its members
or business, such as a legal directory. 3. Eccles. law. A
church's book of directions for conducting worship.
 One of the primary directories is the Directory for
the Public Worship ofGod, prepared by the Assembly
of Divines in England in 1644 to replace the Book of
Common Prayer, which had been abolished by Par
liament (and was later reinstated). The Directory was
ratified by Parliament in 1645 and adopted by the
Scottish Parliament and General Assembly of the
Church of Scotland that same year. A directory in
the Roman Catholic Church contains instructions
for saying the mass and offices each day of the year.
4. A small governing body; specif., the five-member
executive body that governed France from 1795-1799
during the French Revolution until it was overthrown
by Napoleon and succeeded by the consulate.
directory call. (1812) Property. In a land description, a
general description of the areas in which landmarks or
other calls are found. See CALL (5); LOCATIVE CALLS.
directory provision. A statutory or contractual sentence
or paragraph in which a directory requirement appears.
[Cases: Statutes
directory requirement. (1865) A statutory or contrac
tual instruction to act in a way that is advisable, but
not absolutely essential in contrast to a mandatory
requirement.  A directory requirement is frequently
introduced by the word should or, less frequently, shall
(which is more typically a mandatory word). [Cases:


frequently
introduced by the word should or, less frequently, shall
(which is more typically a mandatory word). [Cases:
Statutes (;..-.. 227.)
directory statute. See STATUTE.

528 directory trust
directory trust. See TRUST.
direct-participation program. An investment vehicle
that is financed through the sale of securities not
traded on an exchange or quoted on NASDAQ and
that provides flow-through tax consequences to the
investors.
direct payment. See PAYMENT.
direct placement. 1. The sale by a company, such as
an industrial or utility company, of an entire issue of
securities directly to a lender (such as an insurance
company or group ofinvestors), instead ofthrough an
underwriter. _ This type of offering is exempt from SEC
filing requirements. 2. PRIVATE PLACEMENT (1).
direct-placement adoption. See private adoption under
ADOPTION.
direct possession. See immediate possession under pos-
SESSION.
direct question. See QUESTION (1).
direct-reduction mortgage. See MORTGAGE.
direct selling. 1. Selling to a customer without going
through a dealer. 2. Selling to a retailer without going
through a wholesaler.
direct skip. (1988) Tax. A generation-skipping transfer
of assets, either directly or through a trust. - A direct
skip may be subject to a generation-skipping transfer
tax either a gift tax or an estate tax. IRC (26 USCA)
 2601-2602. See GENERATION-SKIPPING TRANSFER;
generation-skipping transfer tax under TAX; SKIP
PERSON. [Cases: Internal Revenue (:::::>4224.]
direct tax. See TAX.
Direct Tax Clauses. The provisions in the U.S. Consti
tution requiring direct taxes to be apportioned among
the states according to their respective numbers (U.S.
Const. art. I,  2, d. 3) and prohibiting capitation or
other direct taxes except in proportion to the census
(U.S. Const. art. 1,  9, d. 4). -An additional provi
sion of Article I,  2 concerning computation of taxes
is affected by  2 of the Fourteenth Amendment, and
both clauses are affected by the Sixteenth Amendment
concerning income taxes. [Cases: Internal Revenue (:::::>
3059.J
dired trust. See express trust under TRUST.
diribitores (di-rib-Cl-tor-eez), n. pI. [Latin "sorters of
votes"] Roman law. Officers who distributed voting
ballots to the citizens in a comitia. See COMITIA.
diriment impediment. See IMPEDIMENT.
diritto connessi. [Italian] NEIGHBORING RIGHT.
diritto d' autore. [Italian] AUTHOR'S RIGHT.
dirt-for-debt trausfer. A transaction in which a
bankrupt debtor satisfies all or part of a secured debt
by transferring the collateral to the creditor. [Cases:
Bankruptcy (:::::> 3564.]
DISA. abbr. DEFENSE INFORMATION SYSTEMS AGENCY.
disability. (16c) 1. The inability to perform some function;
esp., the inability ofone person to alter a given relation with another person. 2. An objectively measurable con
dition of impairment, physical or mental <his disability
entitled him to workers' -compensation benefits>.
Also termed handicap; incapacity. [Cases: Civil Rights
(:::::> 1019, 1218; Workers' Compensation (:::::>802.]
"The Supreme Court has cautioned that [the Americans
with Disabilities Act] requires that disabilities be evaluated
'with respect to an individual' and must be determined
based on whether an impairment substantially limits
the 'major life activities of such individual.' The Court
conceded that 'some impairments may invariably cause
a substantial limitation of a major life activity,' but '[t]he
determination of whether an individual has a disability is
not necessarily based on the name or diagnosis of the
impairment the person has, but rather on the effect ofthat
impairment on the life of the individual.' As a result, courts
are reluctant to characterize any particular impairment as
a per se disability under ADA. And the fact that an impair
ment is considered to be a disability under a different set
of criteria for some purpose other than the ADA has no
bearing on the determination of whether an individual is
disabled within the meaning of ADA." Harold S. LewisJr. &
Elizabeth J. Norman, Employment Discrimination Law and
Practice 485-86 (2001).
developmental disability. (1973) An impairment
of general intellectual functioning or adaptive
behavior.
partial disability. A worker's inability to perform all
the duties that he or she could do before an accident
or illness, even though the worker can still engage
in some gainful activity on the job. [Cases: Workers'
Compensation (:::::>856-862.]
permanent disability. (1804) A disability that will
indefinitely prevent a worker from performing some
or all of the duties that he or she could do before an
accident or illness. [Cases: Workers' Compensation
C=)863,864.]
physical disability. (1826) An incapacity caused by a
physical defect or infirmity, or by bodily imperfection
or mental weakness.
temporary disability. (18c) A disability that exists until
an injured worker is as far restored as the nature of
the injury will permit. [Cases: Workers' Compensa
tion (:::::>863, 864.]
temporary total disability. Total disability that is not
permanent.
total disability. (18c) A worker's inability to perform
employment-related duties because of a physical or
mental impairment. [Cases: Workers' Compensation
(:::::>846-855.]
3. Incapacity in the eyes of the law <most of a minor's
disabilities are removed when he or she turns 18>.
Also termed incapacity.
canonical disability. A canonical impediment (usu.
impotence). See canonical impediment under IMPEDI
MENT.
civil disability. (18c) The condition of a person who
has had a legal right or privilege revoked as a result
ofa criminal conviction, as when a person's driver's
license is revoked after a DWI conviction. Cf. civil
death (2) under DEATH.

529
disability benefits. See DISABILITY COMPENSATION.
disability clause. Insurance. A life-insurance-policy pro
vision providing for a waiver of premiums during the
policyholder's period ofdisability, and sometimes pro
viding for monthly payments equal to a percentage of
the policy's face value. [Cases: Insurance C=>2035.]
disability compensation. Payments from public or
private funds to a disabled person who cannot work,
such as social-security or workers'-compensation
benefits. -Also termed disability benefits. [Cases:
Social Security and Public Welfare C=> 140.5-140.85;
Workers' Compensation ~'-:)836-902.]
disability insurance. See INSURANCE.
disability retirement plan. See EMPLOYEE BENEFIT
PLAN.
disable, vb. 1. To deprive (someone or something) of
the ability to function; to weaken the capability of
(someone or something). 2. To impair; to diminish. 3.
To legally disqualify (someone); to render (someone)
legally incapable.
disabled person. See PERSON (1).
disablement, rl. (15c) 1. The act of incapacitating or
immobilizing. 2. The imposition of a legal disability.
disabling restraints. (1963) Limits on the alienation
of property. -These restraints are sometimes void as
being against public policy. [Cases: Perpetuities
6(1).]
disabling statute. See STATUTE.
disadvocare (dis-ad-v;:;-kair-ee), vb. [Law LatinJ To deny;
to disavow.
disaffirm (dis-<l-brm), vb. (16c) 1. To repudiate; to
revoke consent; to disclaim the intent to be bound by an
earlier transaction. 2. To declare (a voidable contract)
to be void.
. disaffirmance (dis-;:;-f;um-;:;nts). 1. An act of denial; a
repudiation, as of an earlier transaction. [Cases: Con
tracts C::>272.] 2. A declaration that a voidable contract
(such as one entered into by a minor) is void. Also
termed disaffirmation. [Cases: Infants
"Disaffirmance is an operative act whereby the legal rela
tions created by an infant's contract are terminated and
discharged and other !egal relations substituted. Inasmuch
as the infant's executory promise does not operate to
create any legal duty in him (the infant being at all times
at liberty or privileged not to perform). his disaffirmance
is not the discharge of such a duty. A return promise by an
adult, however, creates a legal duty and the infant has a
correlative right in personam. A disaffirmance terminates
these." William R. Anson, Principles of the Law ofContract
181 (Arthur L. Corbin ed., 3d Am. ed. 1919).
disafforest (dis-<l-for-ast or -fahr-ast), vb. [fr. French
desaforester] Hist. To free lands from the restrictions of
the forest laws and retu rn them to the status ofordinary
lands. -Also termed deafforest.
disagreement. 1. A difference ofopinion; a lack ofagree
ment. 2. A quarrel. 3. An annulment; a refusal to accept
something, such as an interest in an estate. disbarment
disallow, vb. (14c) 1. To refuse to allow (something). 2.
To reject (something).
disalt (dis-awlt), vb. Hist. To disable (a person).
disappeared person. (1944) 1. A person who has been
absent from home for a specified number ofcontinuous
years (often five or seven) and who, during that period,
has not communicated with the person most likely
to know his or her whereabouts. See SEVEN-YEARS'
ABSENCE RULE; MISSING PERSON. [Cases: Absentees
2.] 2. Human-rights law. A person who has been
illegally detained or kidnapped, often by governmental
authorities or soldiers, and whose current whereabouts
and condition are unknown and undiscoverable.
disappearing quorum. See QUORUM.
disappropriation. 1. Eccles. law. The alienation ofchurch
property from its original use; the severance of property
from church ownership or possession. 2. The release of
property from individual ownership or possession.
disapprove, vb. 1. To pass unfavorable judgment on
(something). 2. To decline to sanction (something).
disarmament. Int'llaw. The negotiated or voluntary
reduction of military arms, esp. nuclear weapons, to a
greatly reduced level or to nil. Cf. ARMS CONTROL.
disaster. A calamity; a catastrophic emergency.
disaster area. (1953) A region officially declared to have
suffered a catastrophic emergency, such as a flood or
hurricane, and therefore eligible for government aid.
[Cases: United States C=>82(5).]
disaster loss. See LOSS.
Disaster Relief Act. A federal statute that provides a
means by which the federal government can help state
and local governments to relieve suffering and damage
resulting from disasters such as hurricanes, tornadoes,
floods, earthquakes, volcanic eruptions, landslides,
mudslides, drought, fire, and exploSions. - A 1974
amendment established a process for the President to
declare affected communities disaster areas. [Cases:
United States C=>82(5).]
disavow (dis-;J-vow), vb. To disown; to disclaim knowl
edge of; to repudiate <the company disavowed the acts
of its agent>. disavowal, n.
disbarment, rl. (1862) The action of expelling a lawyer
from the bar or from the practice of law, usu. because
of some disciplinary violation. -One who has passed
the bar, been called to the bar, or been admitted to the
bar is privileged to stand inside the wooden barrier that
separates the gallery from the actual courtroom, par
ticularly the judge's bench, and conduct business with
the court. So this term literally describes the loss ofthe
privilege. Although disbarment is typically a perma
nent removal from the practice oflaw, in some jurisdic
tions a disbarred attorney may (after a certain period)
petition for readmission. In England and Wales, only
a barrister is disbarred; a solicitor is struck off the roll,
so the expulsion of a solicitor is termed striking off the
roll. See STRUCK OFF. [Cases: Attorney and Client C=>
59.14.] -disbar, vb.

disbocatio (dis-bd-kay-shee-oh), n. [fro Law Latin dis
+ boscus "wood"] Rist. The conversion of forest to
pasture.
disbursement (dis-bJrs-m,mt), n. The act of paying out
money, commonly from a fund or in settlement of a
debt or account payable <dividend disbursement>.
disburse, vb.
DISC. abbr. DOMESTIC INTERNATIONAL SALES CORPO
RATION.
discarcare (dis-kahr-kair-ee), vb. [fro Latin dis-+ carcare
"to charge"] Rist. To unload (cargo), uSU. from a ship.
Also ten:ned discargare.
disceptatio causae (di-sep-tay-shee-oh kaw-zee). [Latin
"debate about a case"] Roman law. The argument by the
advocates ofboth sides of a dispute.