ases and sales ofthe same
stock by a small group ofsecurities dealers attempting
to drive up the stock's price to attract unsuspecting
buyers' interest . Once the buyers have invested (Le.,
are caught up in the chain), the traders sell for a qUick
profit, leaving the buyers with overpriced stock. This
practice is illegaL
dalus (day-IdS), n. [Law Latin "a dale"] Hist. 1. A dale; a
ditch. 2. A measure ofland being a thin strip ofpasture
between two plowed furrows. Also termed dailus;
dailia.
damage, adj. Of or relating to monetary compensation
for loss or injury to a person or property <a damage
claim> <a damage award>. -Also termed damages
<a damages claim>. Cf. DAMAGES.
damage, n. (l4c) Loss or injury to person or property
<actionable damage resulting from negligence>.
damage-deer (dam-ij kIeer), n. [fro Latin damna cleri
corum "clerk's compensation"] Hist. A set fee payable
by a plaintiff to the Court of the Common Pleas, King's
Bench, or Exchequer before execution on an award of
damages. The fee -later abolished by statute was
originally a gratuity to the court clerks for preparing
special pleadings. -Also spelled damage cleere.
Also termed damna clericorum.
"Damage cleere, damna clericorum, was assessed by the
tenth part in the common pleas, and by the twentieth part
in the king's bench and exchequer, of all damages, exceed
ing five marks, recovered either by verdict, confeSSion,
or judgment of the court, in all actions upon the case,
covenant. trespass, battery, false imprisonment, dower,
and all others, wherein the damages were uncertain. which the plaintiff was obliged to pay to the prothonotary, or
chief officer of that court, wherein they were recovered
before he could have execution for them. But this is taken
away by 17 Car. 2, c. 6." Termes de fa Ley 141 (lst Am. ed.
1812).
damage feasant (dam-ij fez-dnt orfee-zdnt), n. [fro French
faisant dommage] Hist. Doing damage . This phrase
usu. refers to injury to a person's land caused by another
person's animals trespassing on the property and eating
the crops or treading the grass. By law, the owner of
the damaged property could distrain and impound the
animals until compensated by the animals' owner. But
the impounder had to feed the animals and could not
sell or harm them. The term was introduced during the
reign ofEdward III. Also spelled damage faisant.
Also termed damnum facientes.
damage rule. See LEGAL-INJURY RULE.
damages, n. pI. (l6c) Money claimed by, or ordered to
be paid to, a person as compensation for loss or injury
<the plaintiff seeks $8,000 in damages from the defen
dant>. damage, adj.
"Damages are the sum of money which a person wronged
is entitled to receive from the wrongdoer as compensa
tion for the wrong." Frank Gahan, The Law of Damages
1 (1936).
accumulative damages. Statutory damages allowed
in addition to amounts available under the common
law. Also termed enhanced damages.
actual damages. (18c) An amount awarded to a com
plainant to compensate for a proven injury or loss;
damages that repay actual losses. Also termed com
pensatory damages; tangible damages; real damages.
[Cases: Damages <>~)15.J
added damages. See punitive damages.
additional damages. Damages usu. provided by statute
in addition to direct damages . Additional damages
can include expenses resulting from the injury, con
sequential damages, or punitive damages.
benefit-of-the-bargain damages. (1955) Damages that a
breaching party to a contract must pay to the aggrieved
party, equal to the amounts that the aggrieved party
would have received, including profits, ifthe contract
had been fully performed. Also termed loss-oJ-bar
gain damages. [Cases: Damages l17; Fraud
59(2).]
compensatory damages (kdm-pen-sd-tor-ee). (1817)
1. Damages sufficient in amount to indemnify the
injured person for the loss suffered. Often short
ened to 2. See actual damages. [Cases:
Damages
consequential damages. 07c) Losses that do not flow
directly and immediately from an injurious act but

that result indirectly from the act. -Also termed
indirect damages. [Cases: Damages C='15-25.]
contemptuous damages. See nominal damages.
continuing damages. 1. Ongoing damages arising from
the same injury. 2. Damages arising from the repeti
tion ofsimilar acts within a definite period.
cosmetic damages. The amount awarded to compensate
for personal disfigurement.
damages for lost expectations. See expectation dama
ges.
damages ultra (;)}-tr;). Additional damages claimed by
a plaintiff who is not satisfied with the amounts the
defendant paid into court.
direct damages. See general damages.
discretionary damages. Damages (such as mental
anguish or pain and suffering) that are not precisely
measurable but are determined by the subjective
judgment of a jury. -Also termed indeterminate
damages.
double damages. Damages that, by statute, are twice
the amount that the fact-finder determines is owed
or twice the amount ofactual damages awarded . In
some cases, double damages are awarded in addition
to actual damages, so the effect is the same as treble
damages. [Cases: Damages C='227.]
enhanced damages. 1. See accumulative damages.
2. Patents. Damages for patent infringement in an
amount up to three times that of compensatory
damages, at the discretion of the court, based on the
egregiousness of the defendant's conduct, including
the willfulness of the infringement. 35 VSCA  284.
[Cases: Patents C='319(3).]
estimated damages. See liquidated damages.
excess damages. Damages awarded to an insured
beyond the coverage provided by an insurance
policy -because the insurer did not settle the claim
within policy limits. Ifthe insurer acted in bad
faith in not settling, the insured may have a claim to
recover the excess damages from the insurer. -Also
termed excess-liability damages. [Cases: Insurance
C='3350.]
excessive damages. A jury award that grossly exceeds
the amount warranted by law based on the facts and
circumstances of the case; unreasonable or outra
geous damages, which are subject to reduction by
remittitur. See REMITTITUR. [Cases: Damages (::::>
127-140.]
exemplary damages. See punitive damages.
expectation damages. (1939) Compensation awarded
for the loss of what a person reasonably anticipated
from a transaction that was not completed. -Also
termed expectancy damages; lost-expectation damages;
damages for lost expectations. [Cases: Damages (::::>
23.]
fee 	damages. Damages awarded to the owner of
property abutting an elevated railrhist oad for injury caused by the railroad's construction and
operation. The term is used because the damage is
to the property owner's easements of light, air, and
access, which are parts of the fee.
foreseeable damages. Damages that a breaching party
knew or should have known when the contract was
made would be likely to result from a breach. [Cases:
Damages C='21.]
future damages. (17c) Money awarded to an injured
party for an injury's residual or projected effects, such
as those that reduce the person's ability to function.
 Examples are expected pain and suffering, loss
or impairment of earning capacity, and projected
medical expenses. [Cases: Damages (::::>25.]
general damages. (18c) Damages that the law presumes
follow from the type ofwrong complained of; specif.,
compensatory damages for harm that so frequently
results from the tort for which a party has sued that
the harm is reasonably expected and need not be
alleged or proved. General damages do not need
to be specifically claimed. -Also termed direct
damages; necessary damages. [Cases: Damages C='
5.]
gross damages. The total damages found before adjust
ments and offsets.
hedonic damages (hi-don-ik). (1985) Damages that
attempt to compensate for the loss of the pleasure of
being alive . Such damages are not allowed in most
jurisdictions. -Also termed (erroneously) hedonistic
damages. [Cases: Damages (::::>48-56.20.]
imaginary damages. See punitive damages.
inadequate damages. Damages insufficient to fully
and fairly compensate the parties; damages bearing
no reasonable relation to the plaintiff's injuries, indi
cating prejudice, mistake, or other fact to support
setting aside a jury's verdict. [Cases: Damages (::::>
127.1-140.7.]
incidental damages. (18c) 1. Losses reasonably associ
ated with or related to actual damages. 2. A seller's
commercially reasonable expenses incurred in
stopping delivery or in transporting and caring for
goods after a buyer's breach. VCC  2-7l0. [Cases:
Sales (::::>384(4).] 3. A buyer's expenses reasonably
incurred in caring for goods after a seller's breach.
VCC  2-715(1). [Cases: Sales (::::>418(19).]
"What are incidental damages? The Code does not define
incidental damages; rather 2-715(1) lists many expenses
that are included as incidental damages. However,
Comment 1 to 2-715 stresses that those listed 'are not
intended to be exhaustive' but are merely illustrative
of the typical kinds of incidental expenses that can be
recovered under 2-715: (1) those associated with rightful
rejection (for instance, inspection and storage); (2) those
associated with a proper revocation of acceptance; and
(3) those involved in effecting cover." 1 James J. White &
Robert S. Summers, Uniform Commercial Code  10-3, at
561-62 (4th ed. 1995).
indeterminate damages. See discretionary damages.
indirect damages. See consequential damages.

intervening damages. Continuing damages that accrue
during the pendency and prosecution of an unsuc
cessful appeal. _ A lower court may include interven
ing damages in an award.
irreparable damages (i-rep-<J-r<J-b<JI). Damages that
cannot be easily ascertained because there is no fixed
pecuniary standard of measurement, e.g., damages
for a repeated public nuisance. -Also termed non
pecuniary damages.
land damages. See just compensation under COMPEN
SATION.
lawful damages. Those damages fixed by law and ascer
tained in' a court oflaw.
liquidated damages. (I8c) An amount contractu
ally stipulated as a reasonable estimation of actual
damages to be recovered by one party if the other
party breaches. -If the parties to a contract have
properly agreed on liquidated damages, the sum fixed
is the measure of damages for a breach, whether it
exceeds or falls short of the actual damages. -Also
termed stipulated damages; estimated damages. See
LIQUIDATED-DAMAGES CLAUSE. Cf. unliquidated
damages; PENALTY CLAUSE. [Cases: Damages c=>
74-84.]
"Where the terms of a contract specify a sum payable for
non'performance, it is a question of construction whether
this sum is to be treated as a penalty or as liquidated
damages. The difference in effect is this: The amount
recoverable in case of a penalty is not the sum named, but
the damage actually incurred. The amount recoverable as
liquidated damages is the sum named as such. In constru
ing these terms a judge will not accept the phraseology
of the parties; they may call the sum specified 'liquidated
damages,' but if the judge finds it to be a penalty, he will
treat it as such." William R. Anson, Principles ofthe Law of
Contract 470 (Arthur L. Corbin ed., 3d Am. ed. 1919).
"The distinction between a penalty and genuine liqui
dated damages, as they are called, is not always easy
to apply. but the Courts have made the task simpler by
laying down certain guiding principles. In the first place,
if the sum payable is so large as to be far in excess of
the probable damage on breach, it is almost certainly a
penalty. Secondly, if the same sum is expressed to be
payable on anyone of a number of different breaches of
varying importance, it is again probably a penalty, because
it is extremely unlikely that the same damage would be
caused by these varying breaches. Thirdly, where a sum is
expressed to be payable on a certain date, and a further
sum in the event of default being made, this latter sum is
prima facie a penalty, because mere delay in payment is
unlikely to cause damage. Finally, it is to be noted that the
mere use of the words 'liquidated damages' is not decisive,
for it is the task of the Court and not of the parties to
decide the true nature of the sum payable." P.5. Atiyah, An
Introduction to the Law ofContract 316-17 (3d ed. 1981).
loss-of-bargain damages. See benefit-of-the-bargain
damages.
lost-expectation damages. See expectation damages.
lost-profits damages. See LOST-PROFITS (1).
moratory damages (mor-cHor-ee or mahr


profits damages. See LOST-PROFITS (1).
moratory damages (mor-cHor-ee or mahr-). Civil
law. Damages for a delay in performing an obliga
tion. La. Civ. Code arts. 1989. 1994. -There must
be a default before these damages can be recovered, while compensatory damages are recoverable for both
a failure of performance and for a defective perfor
mance.
multiple damages. Statutory damages (such as double
or treble damages) that are a multiple of the amount
that the fact-finder determines to be owed. Also
termed multiplied damages. See double damages;
treble damages. [Cases: ~ULHU"~U
"[TJhe statutory multiple damages differ from the common
law punitive damages in that punitive damages involved
no fixed sum or limit. The fixed limit of multiple damages
not only reduces their threat to the defendant and the
potential for abuse, it also reduces the possibility of a
measured deterrence. Likewise, because the enhancement
of the award is fixed by the statutory multiple, there is
no occasion for introducing evidence of the defendant'S
wealth as there is in the case of common law punitive
damages. .. Perhaps a more important distinction is
that multiple damages statutes may be enacted for entirely
nonpunitive purposes. SpeCifically, some double or treble
damages statutes, and also specified 'civil penalties,' are
intended to provide a kind of liquidated damages for actual
losses that cannot be proved or that are otherwise unrec
ognized by the law." Dan B. Dobbs, Law ofRemedies  3.12,
at 359 (2d ed. 1993).
necessary damages. See general damages.
nominal damages. (18c) 1. A trifling sum awarded when
a legal injury is suffered but there is no substantial loss
or injury to be compensated. 2. A small amount fixed
as damages for breach ofcontract without regard to
the amount of harm. -Also termed contemptuous
damages. Cf. substantial damages. [Cases: Damages
C=>8-14.]
"Nominal damages are damages awarded for the infrac
tion of a legal right, where the extent of the loss is not
shown, or where the right is one not dependent upon loss
or damage, as in the case of rights of bodily immunity
or rights to have one's material property undisturbed by
direct invasion. The award of nominal damages is made
as ajudicial declaration that the plaintiff's right has been
violated." Charles T. McCormick, Handbook on the Law of
Damages  20, at 85 (1935).
"Nominal damages are awarded if the plaintiff establishes
a breach of contract or a tort of the kind that is said to be
'actionable per se' but fails to establish a loss caused by
the wrong. In the case of tort not actionable per se for
example, negligence, if the plaintiff fails to establish a
the action will be dismissed. The practical significance of a
judgment for nominal damages is that the plaintiff thereby
establishes a legal right. The judgment has the effect of a
declaration of legal rights and may deter future infringe
ments or may enable the plaintiff to obtain an injunction
to restrain a repetition of the wrong. The obtaining of
nominal damages will also, in many cases, entitle a plaintiff
to costs .... [Also,] nominal damages might serve as a peg
upon which to hang an award of exemplary damages." S.M.
Waddams, The Law of Damages 477-78 (3d ed. 1997).
nonpecuniary damages. Damages that cannot be
measured in money. See irreparable damages.
particular damages. See special damages.
pecuniary damages (p<:l-kyoo-nee-er-ee). (17c) Damages
that can be estimated and monetarily compensated.
-Although this phrase appears in many old cases,
it is now widely considered a redundancy -since
damages are always pecuniary.

448 damages
permanent damages. Damages for past, present, and
future harm that cannot be avoided or remedied.
[Cases: Damages C=:'39, 98,110, 216(6).J
presumptive damages. See punitive damages.
prospective damages. Future damages that, based on
the facts pleaded and proved by the plaintiff, can rea
sonably be expected to occur. [Cases: Damages C=:'
25.J
proximate damages. Damages directly, immediately,
and naturally flowing from the act complained of. Cf.
speculative damages (1). [Cases: Damages C=:' 18.J
punitiv~ damages. (1848) Damages awarded in
addition to actual damages when the defendant
acted with recklessness, malice, or deceit; specif.,
damages assessed by way of penalizing the wrong
doer or making an example to others. Punitive
damages, which are intended to punish and thereby
deter blameworthy conduct, are generally not recov
erable for breach ofcontract. The Supreme Court has
held that three guidelines help determine whether a
punitive-damages award violates constitutional due
process: (1) the reprehensibility ofthe conduct being
punished; (2) the reasonableness of the relationship
between the harm and the award; and (3) the differ
ence between the award and the civil penalties autho
rized in comparable cases. BMW ofNorth America,
Inc. v. Gore, 517 U.S. 559, 116 S.Ct. 1589 (1996).
Also termed exemplary damages; vindictive damages;
punitory damages; presumptive damages; added
damages; aggravated damages; speculative damages;
imaginary damages; smart money; punies. [Cases:
Damages C=:'87-94.J
"Although compensatory damages and punitive damages
are typically awarded at the same time by the same deci
sionmaker, they serve distinct purposes. The former are
intended to redress the concrete loss that the plaintiff has
suffered by reason of the defendant's wrongful conduct.
The latter, which have been described as 'quasi-criminal,'
operate as 'private fines' intended to punish the defendant
and to deter future wrongdoing. A jury's assessment of
the extent of a plaintiff's injuries is essentially a factual
determination, whereas its imposition of punitive damages
is an expression of its moral condemnation" Cooper Indus.
v. Leatherman Tool, S32 U.S. 424, 432,121 S.Ct. 1678, 1683
(2001) (per Stephens, J).
putative damages. Damages that are alleged; claimed
but unproved damages.
real damages. See actual damages.
reliance damages. (1938) Damages awarded for losses
incurred by the plaintiff in reliance on the contract.
Reliance damages restore the plaintiff to the economic
condition the plaintiff enjoyed before the contract was
formed. [Cases: Damages C=:'22.J
"Reliance damages are ... 'real' losses in a much more
tangible way than losses of expectations. The distinction
is nicely illustrated by McRae v. Commonwealth Disposals
Commission . ... In this case, ... the defendants sold a
shipwrecked tanker which they advertised as lying on a
certain reef in the Pacific, and the plaintiffs spent a sub
stantial sum of money equipping a salvage expedition to
go in search of the ship. The ship was wholly non-existent,
and the plaintiffs were held entitled to damages. Here it was clear that the plaintiffs had incurred substantial
expenses -real losses -in reliance on the contract, and
the Australian High Court awarded these reliance damages
to the plaintiffs." P.S. Atiyah, An Introduction to the Law of
Contract 311 (3d ed. 1981).
reliance-loss damages. A reimbursement for losses
or expenses that the plaintiff suffers in reliance on
the defendant's contractual promise that has been
breached.
remote damages. See speculative damages (1).
rescissory damages (ri-sis-;.l-ree or ri-siz-). Damages
awarded to restore a plaintiff to the position occupied
before the defendant's wrongful acts.
restitution damages. (1939) Damages awarded to
a plaintiff when the defendant has been unjustly
enriched at the plaintiff's expense.
"Suppose A pays money to B in pursuance of a contract
which turns out to be void, or perhaps is subsequently
frustrated: clearly A cannot sue Bfor breach of contract. B's
promise to perform his side of the bargain is vitiated by the
mistake or the frustrating event, so A's lost expectations
are losses which he must just put up with. But his claim to
repayment of the money is evidently much stronger: for
this money is a tangible loss to A and a tangible enrich
ment to B. So in this sort of case the money will often
be recoverable, though English lawyers think of this as
a quaSi-contractual claim to recover money as on a total
failure of consideration, and not a contractual claim to
restitution damages. There is, however, no strong reason
for refusing to call this a contractual action, any more
than there is a reason for calling an action for damages
quasi-contractual." P.S. Atiyah, An Introduction to the Law
ofContract312 (3d ed. 1981).
severance damages. In a condemnation case, damages
awarded to a property owner for diminution in the
fair market value ofland as a result ofseverance from
the land of the property actually condemned; com
pensation awarded to a landowner for the loss in value
of the tract that remains after a partial taking of the
land. [Cases: Eminent Domain C=:'95, 96,138]
special damages. Damages that are alleged to have
been sustained in the circumstances of a particular
wrong. To be awardable, special damages must be
specifically claimed and proved. See Fed. R. Civ. P.
9(g). -Often shortened to specials. -Also termed
particular damages. [Cases: Damages C=:'5.J
speculative damages. (1804) 1. Damages that are so
uncertain to occur that they will not be awarded.
Also termed remote damages. 2. See punitive
damages.
statutory damages. Damages provided by statute (such
as a wrongful death and survival statute), as distin
guished from damages provided under the common
law. [Cases: Death C=:'80.]
stipulated damages. See liquidated damages.
substantial damages. A considerable sum awarded to
compensate for a significant loss or injury. Cf. nominal
damages. [Cases: Damages C=:'6, 10.]
"Substantial damages ... are the result of an effort at
measured compensation, and are to be contrasted with
nominal damages which are in no sense compensatory,

but merely symbolic." Charles T. McCormick, Handbook on
the Law of Damages  20, at 85 (1935).
tangible damages. See actual damages.
temperate damages. Rare. Reasonable damages.
temporary damages. Damages allowed for an inter
mittent or occasional wrong, such as a real-property
injury whose cause can be removed or abated. [Cases:
Damages 109.]
treble damages. (l8c) Damages that, by statute, are
three times the amount of actual damages that the
fact-finder determines is owed. -Also termed triple
damages: [Cases: Damages C=227.J
uncertain damages. Damages that are not clearly the
result ofa wrong . The rule against allowing recovery
of uncertain damages refers to these damages, not
damages that are uncertain only in amount. [Cases:
Damages
unliquidated damages. (18c) Damages that cannot be
determined by a fixed formula and must be estab
lished by a judge or jury. Cf. liquidated damages.
[Cases: Damages 6,194.]
vindictive damages. See punitive damages.
damages, mitigation of. See MITIGATION-OF-DAMAGES
DOCTRINE.
damages clause. See SuRFACE-DAMAGE CLAlJSE.
damages for detention. See noncontract demurrage
under DEMURRAGE.
dame. 1. The legal title of the wife ofa knight or baronet.
2. The female equivalent of a knight. 3. A form of
address to a woman ofhigh rank. 4. A matron. 5. Slang.
A woman. Also termed (in senses 1 & 2) domina.
damna (dam-n<l), n. [fro Latin damnum "damage; loss"]
Hist. 1. Damages, exclusive ofcosts. 2. Damages, inclu
sive ofcosts. 3. The abbreviation ofdamna clericorum,
the Latin equivalent to damage-deer, being a portion
ofdamages constituting the clerk's fee. See DAMAGE
CLEER.
damna clericorum (dam-n<l kler-<l-kor-;:lm), n. See DAM
AGE-CLEER.
damnatus (dam-nay-t<ls), n. [fro Latin damnare "to
condemn"]l. Roman law. A person condemned, esp.
in a capital case. 2. Hist. Something prohibited by law;
something that is unlawful, as in damnatus coitus
("unlawful sexual connection").
damn-fool doctrine. Insurance. The principle that an
insurer may deny (esp. liability) coverage when an
insured engages in behavior that is so ill-conceived that
the insurer should not be compelled to bear the loss
resulting from the insured's actions. -Also termed
damnedJool doctrine.
"The 'damn foolish acts' concept is not a perfect predictor
ofjudicial decisions, both because of its own imprecision
and because other considerations, such as a desire to
assure an innocent third party a source of indemnifica
tion, may influence a court. However, especially when ...
the insured who acted foolishly has suffiCient resources
to provide


tion, may influence a court. However, especially when ...
the insured who acted foolishly has suffiCient resources
to provide compensation to the injured persons, analysis of a coverage issue on the basis of a 'damn fool' doctrine
is frequently a very effective approach both to predicting
and to understanding outcomes." Robert E. Keeton & Alan
I. Widiss, Insurance Law: A Guide to Fundamental Principles,
Legal Doctrines, and Commercial Practices  5.4, at 541
(1988).
damnification, n. Something that causes damage <dam
nification in the form ofa penalty>.
damnify, vb. To cause loss or damage to; to injure <the
surety was damnified by the judgment obtained against
it>.
damn; injuria actio (dam-m in-joor-ee-ee ak-shee
oh). [Latin "an action for wrongful damage"] See actio
damni injuria under ACTIO.
damnosa aut lucrosa (dam-noh-s<l awt loo-kroh-s<l).
[LatinJ Hist. Disadvantageous or advantageous . The
heir to a succession had to determine whether it was
hurtful or advantageous to him to take up the estate
before actually doing so. See ANNUS DELIBERANDI.
damnosa hereditas (dam-noh-s;:l h;:l-red-i-tas), n. [Latin
"an injurious inheritance"] 1. Roman & civil law. An
inheritance more onerous than beneficial, esp. because
it is burdened with debt. 2. English law. A bankrupt
debtor's property that creditors will disclaim under
the bankruptcy laws because debt on the property will
exceed revenues. 3. Generally, anything that is acquired
but turns out to be disadvantageous. Also spelled
damnosa haereditas.
damnous (dam-n;:ls), adj. Causing loss or damage.
damno vitando. 1. See CERTANS DE DAMNO VITANDO. 2.
See IN DAMNO VITANDO.
damnum (dam-n<lm), n. [Latin] (1828) A loss; damage
suffered. See AD DAMNUM. PI. damna.
damnum absque injuria (dam-n<lm ab-skwee in-joor
ee-<l). See DAMNUM SINE INJURIA.
damnum emergens (dam-n<lm i-mar-jenz). [Latin
"damage arising"] Hist. An actual realized loss (such
as a decline in the value of property) as opposed to
an expected future loss (such as loss of profit); conse
quentialloss.
"These kinds of damage are distinguished by the commen
tators as damnum emergens and lucrum cessans, which
may be rendered 'positive damage' and 'loss of profit.'
The first may be immediate (e.g., my slave is killed or has
lost an eye), or consequential (I have lost his services - I
have incurred medical expenses he was one of a troupe
of singers and the whole troupe is less valuable in conse
quence of his death or injury). Where there is no pecuniary
loss there is no action. An action does not lie ... for striking
a slave if his value to me has not been depreciated by the
blow nor for trespass to land unattended by damage." RW.
Lee, The Elements ofRoman Law 394 (4th ed. 1956).
damnum etinteresse (dam-n;lm et in-tar-es-ee). [Latin]
Scots law. The loss and damage sustained.
"Damnum et interesse .... -The loss and interest; or, as the
words may also be translated, damage, and its issues or
consequences. The words are used by Erskine in treating
of the liability of cautioners who become bound to see a
specific act performed. Failing performance, the cautioners
are liable to the creditors for the damnum et interesse
that is, the actual and consequential damage suffered

450 damnum facientes
through non-performance on the part of the debtor." John
Trayner, Trayner's Latin Maxims 134 (4th ed. 1894).
damnumfacientes (darn-nam fay-shee-en-teez), n. See
DAMAGE FEASANT.
damnumfatale (dam-nam fa-tay-lee). [Latin "unavoid
able damage"] Roman law. Damage caused by an
unavoidable circumstance, such as a storm or a ship
wreck, for which bailees or others will not be held liable.
 But an exception was made for damages resulting
from theft.
"The liability of innkeepers, carriers, and stable keepers,
at Roman law, was provided for in the praetor's edict.
They were under an obligation to restore all goods which
the guests or passengers had with them, or left in their
charge, and they could not defend themselves by showing
the utmost degree of diligence. Unavoidable accident,
which no human prudence would avert or provide against,
damnum fatale, or overwhelming force, vis maior, were,
however, an adequate defense. .. It was particularly
noted that theft by a third person would not be permitted
as a defense and the reason assigned was the fact that
travelers have scarcely any chance to protect themselves
against collusion between the innkeeper and the thief."
Max Radin, Handbook ofRoman Law 254 (1927).
damnum infectum (darn-nam in-fek-t<lm). [Latin
"damage not done"] Roman law. Loss not yet suffered
but threatened or apprehended, as when a neighbor's
building is likely to collapse onto one's property.
damnum injuria datum (dam-nam in-joor-ee-<l day
tarn). [Latin "damage causing injury"] Roman law.
Willful or negligent damage to corporeal property;
damage for which compensation was given under the
Aquilian law, _ In this phrase, the word damnum refers
to economic loss, not the physical damage (if any). See
actio legiS Aquiliae under ACTIO.
damnum sine injuria (dam-n<lm sl-nee in-joor-ee-<'l
or sin-ay). [Latin "damage without wrongful act"]
Loss or harm that is incurred from something other
than a wrongful act and occasions no legal remedy.
An example is a loss from fair trade competition.
Also termed damnum absque injuria; absque injuria
damnum; absque injuria. Cf. INJURIA ABSQUE DAMNO.
[Cases: Damages C=::'3.]
"There are cases in which the law will suffer a man know
ingly and wilfully to inflict harm upon another, and will
not hold him accountable for it. Harm of this descrip
tion --mischief that is not wrongful because it does not
fulfil even the material conditions of responsibility is
called damnum sine injuria, the term injuria being here
used in its true sense of an act contrary to law (in jus), not
in its modern and corrupt sense of harm." John Salmond,
Jurisprudence 372-73 (Glanville L Williams ed., 10th ed.
1947).
'There are many forms of harm of which the law takes no
account. Damage so done and suffered is called damnum
sine injuria, and the reasons for its permission by the law
are various and not capable of exhaustive statement. For
example, the harm done may be caused by some person
who is merely exercising his own rights; as in the case of
the loss inflicted on individual traders by competition in
trade, or where the damage is done by a man acting under
necessity to prevent a greater evil." R.F.V. Heuston, Salmond
on the Law ofTorts 13 (17th ed. 1977). Dan (dan), n. [fr. Latin dominus] Archaic. In England,
an honorable title for a man; the English equivalent to
the Spanish Don .  The term was replaced by the terms
Master, Mister, and Sir.
D&O liability insurance. See directors' and officers' lia
bility insurance under INSURANCE.
danelaw (dayn-law). Hist.1. A system ofrules, introduced
by the Danes during their invasions ofEngland primar
ily in the ninth century and maintained principally in
the midland and eastern counties where the invasions
occurred. Danelaw was the prevailing law in these
regions from the reign of King Edgar to Edward the
Confessor, who compiled a uniform law that included
some Danelaw components. 2. The counties in England
where the Danish law was enforced primarily in the
ninth and tenth centuries Also termed danelage; lex
Danorum; denelage.
"The Danish invasions of the ninth century subjected the
eastern parts of the island to new Scandinavian influences.
Where the Danes conquered, their 'Danelaw' prevailed.
The very word 'law' is believed to have been given to the
English language by the Danes." JH. Baker, An Introduction
to English Legal History 3 (3d ed. 1990).
danger. (l3c) L Peril; exposure to harm, loss, pain, or
other negative result. 2. A cause ofperil; a menace.
apparent danger. (I6c) 1. Obvious danger; real
danger, Also termed patent danger. 2. Criminal
law. The perceived danger in one person's actions
toward another, as a result ofwhich it seems necessary
for the threatened person to use force in self-defense.
See SELF-DEFENSE. [Cases: Assault and Battery
67; Homicide
deterrent danger. (1959) An obvious danger that an
occupier ofland creates to discourage trespassers,
such as a barbed-wire fence or spikes on the top of
a wall.
imminent danger. (l6c) 1. An immediate, real threat
to one's safety that justifies the use of force in self
defense. 2. Criminal law. The danger resulting from
an immediate threatened injury sufficient to cause a
reasonable and prudent person to defend himself or
herself. [Cases: Assault and BatteryC=::'67; Homicide
C=::'789.]
patent danger. See apparent danger (1).
retributive danger. A concealed danger that an occupier
ofland creates to injure trespassers . A retributive
danger is lawful only to the extent that it could be jus
tified ifthe occupier had inflicted the injury person
ally or directly to the trespasser. Thus, a spring gun or
a land mine is an unlawful means of defending land
against a trespasser.
seeming danger. Danger that a reasonable person
would perceive to be real, even ifit is not.
unavoidable danger. (16c) 1. Inescapable danger. 2. A
danger that is unpreventable, esp. by a person oper
ating a vesseL
danger-creation doctrine. (2000) The theory that ifa
state's affirmative conduct places a person in jeopardy,

451
then the state may be liable for the harm inflicted on
that person by a third party. -This is an exception to
the principle that the state is not liable for an
injury that a third party inflicts on a member of the
public. Also termed danger-creation exception. Cf.
SPECIAL-RELATIONSHIP DOCTRINE. [Cases: States (;=:>
112.2(1).]
dangeria, n. Hist. Payment by forest tenants to the lord
so that they can plow and sow in the same season as
pannage. See PANNAGE.
danger-invites-rescue doctrine. See RESCUE
DOCTRINE.
danger ofnavigation. See PERIL OF THE SEA.
danger ofriver. See PERIL OF THE SEA.
danger ofthe sea. See PERIL OF THE SEA.
dangerous, adj. (15c) 1. (Of a condition, situation, etc.)
perilous; hazardous; unsafe <a dangerous intersec
tion>. 2. (Of a person, an object, etc.) likely to cause
serious bodily harm <a dangerous weapon> <a dan
gerous criminal>.
imminently dangerous. (1834) (Of a person, behavior,
activity, or thing) reasonably certain to place life and
limb in peril. _ This term is relevant in several legal
contexts. For example, ifa mental condition renders
a person imminently dangerous to self or others, he
or she may be committed to a mental hospital. And
the imminently dangerous behavior of pointing
a gun at someone's head could subject the actor to
criminal and tort liability. Further, the manufacturer
ofan imminently dangerous product may be held to a
strict-liability standard in tort. [Cases: Mental Health
Products Liability (;=:>8,21.]
inherently dangerous. (I887) (Of an activity or thing)
requiring special precautions at all times to avoid
injury; dangerous per se. See DANGEROUS INSTRU
MENTALITY; INHERENTLY DANGEROUS ACTIVITY.
dangerous animal. See ANIMAL.
dangerous condition. See CONDITION (5).
dangerous conduct. See unreasonably dangerous conduct
under CONDUCT.
dangerous criminal. See CRIMINAL.
dangerous drug. See DRUG.
dangerous exposure. See EXPOSURE.
dangerous instrumentality. (1857) An instrument, sub
stance, or condition so inherently dangerous that it may
cause serious bodily injury or death without human
use or interference. -It may serve as the basis for
strict liability. See ATTRACTIVE-NUISANCE DOCTRINE.
Cf. deadly weapon under WEAPON. [Cases: Negligence
(.=305-307,1172-1178.]
dangerous lunatic. See LUNATIC.
dangerous occupation. See OCClJPATION.
dangerous-propensity test. See DANGEROUS-TENDENCY
TEST. darrein continuance
dangerous-proximity test. (1973) Criminal law. A
common-law test for the crime of attempt, fOCUSing
on whether the defendant is dangerously close to com
pleting the offense . Factors include the gravity ofthe
potential crime, the apprehension of the victim, and the
uncertainty of the crime's occurrence. See ATTEMPT (2).
[Cases: Criminal Law (;=:>44.]
dangerous situation. (1898) Under the last-clear-chance
doctrine


;=:>44.]
dangerous situation. (1898) Under the last-clear-chance
doctrine, the circumstance in which a plaintiff operat
ing a motor vehicle has reached a position (as on the
path ofan oncoming train) that cannot be escaped by
the exercise ofordinary care. -Also termed situation
ofdanger. See LAST-CLEAR-CHANCE DOCTRINE. [Cases:
Automobiles
dangerous-tendency test. (1938) A propensity of a
person or animal to inflict injury . The test is used,
esp. in dog-bite cases, to determine whether an owner
will be held liable for injuries caused by the owner's
animal. Also termed dangerous-propensity test.
[Cases: Animals C"66.2, 66.5(2).]
dangerous weapon. See WEAPON.
danger-utility test. See RISK-UTILITY TEST.
danism (dan-iz-am), n. [fr. Greek daneismos "a loan"]
Hist. The lending of money on usury.
Darden hearing. (1979) Criminal procedure. An ex parte
proceeding to determine whether disclosure of an infor
mant's identity is pertinent to establishing probable
cause when there is otherwise insufficient evidence
to establish probable cause apart from the arresting
officer's testimony about an informant's communica
tions. The defense attorney may be excluded from the
hearing but can usu. submit questions to be used by the
judge in the examination. People v. Darden, 313 N.E.2d
49 (N.Y. 1974). [Cases: Criminal Law (;::::'-627.10.j
dare (dair-ee), vb. [Latin "to give"] Roman law. 1. To give;
to transfer (something, esp. property) . The transfer
can be made to discharge a debt, to create an obligation,
or to make a gift. 2. To appOint a representative.
dare ad remanentiam (dair-ee ad rem-a-nen-shee-am),
vb. [Latin "to give in fee or forever"] To transfer (esp. a
remainder) in fee or forever.
DARPA. abbr. DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY.
darraign (d<l-rayn), vb. [fro Latin derationare; fro French
disrener] Hist. 1. To displace; to disarrange. 2. To
respond to an accusation; to settle a dispute. Also
spelled deraign; dereyne.
darrein (dar-ayn), adj. [fro French dernier "the last"]1be
last, as in darrein presentment ("the last presentment").
See DARREIN CONTINUANCE; assize ofdarrein present
ment under ASSIZE (8).
darrein continuance (dar-ayn kan-tin-yoo-<lnts), n. [fro
French dernier continuance "the last continuance")
Hist. Every plea of a new matter after the last entry of
a plea on the record. _ Every entry of a pleading after
the first pleading on the record was called a continu
ance. Also spelled dareyne continuance.

darrein presentment (dar-ayn pri-zent-m;mt), n. See
ASSIZE OF DARREIN PRESENTMENT.
darrein seisin (dar-ayn see-zin), n. [French "last seisin"]
Hist. A tenant's plea in a writ of right. See SEISIN.
database. A compilation of information arranged in a
systematic way and offering a means offinding specific
elements it contains, often today by electronic means.
 Unless the intormation itself is original, a database is
not protected by U.S. copyright law. Elsewhere, it may
be protected as a distinct class of"literary works," or it
may be the subject ofsui generis intellectual-property
laws. See SWEAT-OF-THE-BROW DOCTRINE. [Cases:
Copyrights and Intellectual Property (;:=> 12(3).]
Database Directive. See DIRECTIVE ON THE LEGAL PRO
TECTION OF DATABASES.
data protection. Any method of securing informa
tion, esp. information stored on a computer, from
being either physically lost or seen by an unauthor
ized person.
date. 1. The day when an event happened or will happen
<date oftrial>. 2. A period oftime in general <at a later
date>. 3. An appointment at a specified time <no dates
are available>.
answer date. See answer day under DAY.
appearance date. See answer day under DAY.
cutoffdate. A deadline; esp., in the sale of a note or
other interest-paying asset, the last date on which
the seller is entitled to any interest due on the note
or asset.
date ofbankruptcy. (1809) Bankruptcy. The date when
a court declares a person to be bankrupt; the date of
bankruptcy adjudication . This date may coincide
with the voluntary-filing date. [Cases: Bankruptcy
(;:=>2202.]
date ofcleavage. Bankruptcy. The filing date of a vol
untary-bankruptcy petition. _ With a few exceptions,
only the debts existing at this time are discharge
able.
date ofinjury. (1831) Torts. The inception date of an
injury; the date of an accident causing an injury.
date ofinvention. Patents. For purposes of a patent
application, the date when the creation was reduced
to practice . Ifthe invention has not been built, the
date of invention is the date when the patent applica
tion is filed, since that is a constructive reduction to
practice. [Cases: Patents C='90(5).]
date ofissue. 1. Commercial law. An arbitrary date
(for notes, bonds, and other documents in a series)
fixed as the beginning of the term for which they
run; the date that a stock or bond bears on its face,
not the date on which it is actually signed, delivered,
or put into circulation. -When a bond is delivered
to a purchaser, it is considered "issued." But this
concept is distinguishable from the "date of issue,"
which remains fixed, regardless of the date of sale or
delivery. 2. Insurance. The date specified in the policy
as the date ofissue," not the date on which the policy is executed or delivered, and regardless ofother dates
that may be specified in the policy or elsewhere, such
as the date that the policy is to "take effect." [Cases:
Insurance C=,3125.J
date ofmaturity. Commercial law. The date when a
debt falls due, such as a debt on a promissory note
or bond. -Also termed maturity date. [Cases: Bills
and Notes (;:=> 129.]
date ofrecord. See record date (1).
declaration date. Corporations. The date when cor
porate directors declare a dividend. Cf. DIVIDEND
DATE; EX-DIVIDEND DATE. [Cases: Corporations
155(4).]
dividend date. See DIVIDEND DATE.
effective filing date. Patents. The date that a patent
application is considered to have been filed . The
actual filing date may be later, as for a continuing
application. But under the doctrine of continuity,
the child application is usu. entitled to the filing date
of the parent application to prove priority. -Also
termed parent filing date. See DOCTRINE OF CONTINU
ITY. [Cases: Patents
filing date. 1. Generally, the date when any document is
delivered to the appropriate authority. 2. Patents. The
date when a patent application is filed . The filing
date closes the door on prior art; starts the clock on
the period of eligibility to file in other countries; sets
the priority date for public use, disclosure, or sale; and
(absent other evidence) establishes the date of con
structive reduction to practice. [Cases: Patents (;:=>
90(5).] 3. Trademarks. The date when a trademark
application is filed. [Cases: Trademarks (;:=> 1367.]
maturity date. See date ofmaturity.
parentfiling date. See effective filing date.
payable date. Corporations. The official date on which
shareholder dividends or distributions become
payable. Also termed record date.
payment date. Corporations. The date on which stock
dividends or interest checks are paid to sharehold
ers.
priority date. Patents. The date that will determine
which applicant will get a patent in an interference
proceeding . The priority date is also the cut-off date
for prior art. In the Gnited States the priority date is
the date of invention; in the rest of the world it is the
date the patent application was filed. Cf. FIRST-TO
FILE, FIRST-TO-INVENT. [Cases: Patents (;:=>90(1).]
record date. Corporations. 1. The date on which a
stockholder must own shares to be entitled to vote
or receive a dividend. -Also termed date ofrecord.
See EX-DIVIDEND DATE. 2. See payable date. [Cases:
Corporations (;:=> 155(2), 155(4), 194, 197.]
settlement date. Securities. 1. The date on which an
investor must pay the broker for securities purchased.
2. Ihe date on which a seller must deliver negotiable
certificates for securities sold. 3. The date on which
a real-estate purchaser pays for and takes title to the

453
real estate. Cf. CLOSING. Vendor and Pur
chaserC=>74.]
submission date. 1. The date that a case is to be sub
mitted to a court for determination. 2. The date on
which an investor must pay the broker for securities
purchased. 3. The date on which a seller must deliver
negotiable certificates for securities sold.
date certain. A fixed or appointed day; a specified day,
esp. a date fixed by an instrument such as a deed. Cf.
TIME CERTAIN (1). Also termed (in French law) date
certaine (dat sair-tayn).
date of record. See record date under DATE.
date rape. See RAPE.
datio (day-shee-oh), n. [fro Latin dare "to give"] Roman
law. 1. An act ofgiving, as in datio in solutum ("giving
in payment"). 2. An appointment, as in datio tutoris
("appointment ofa guardian"). PI. dationes (day-shee
oh-neez).
datio in solutum (day-shee-oh in s<l-lly]oo-t<lm). Roman
law. The discharging ofan obligation by the giving and
acceptance ofsomething other than the thing due.
dation (day-sh<ln), n. [fr. Latin dare "to give"] Civil law.
A grant of something the recipient is actually entitled
to, such as an office.
dation en paiement (day-sh<ln in pay-m<lnt or da-syon
ahn pay-mon), n. [French "a giving in payment"] Civil
law. l. An exchange ofsomething instead of money to
satisfy a debt. See ACCORD AND SATISFACTION. [Cases:
Accord and Satisfaction 13.] 2. Louisiana law.
A contract in which the obligor gives a thing to the
obligee, who accepts it in payment of a debt. La. Civ.
Code art. 2655. _ Dation en paiement requires court
approval after petition and notice. 3. A method ofsat
isfying a mortgage debt by transferring the mortgaged
property when the mortgage exceeds the property's
value and the mortgage~holder is willing to accept the
property in satisfaction of the debt. [Cases: Mortgages
C=>304.]
dative (day-tiv), n. [fro French datif"of giving"]!. Roman
& civil law. An appointment made by judicial or mag
isterial authority; esp., something granted that is not
provided by law or a will. -In Scotland, an executor
dative is a court-appointed executor. 2. Hist. Some
thing that can be given or retracted at will, such as an
appointment to a nonperpetual office. Also spelled
datif.
dative curatorship. See dative tutorship under TUTOR
SHIP.
dative tutorship. See TUTORSHIP.
datum (day-t<lm), n. [fro Latin dare "to give"] 1. A piece
of information. PI. data. 2. Hist. Something given or
executed. 3. A date.
datus bonis (day-t<ls boh-nis). [Latin] Scots law. (Of a
person) appointed to manage an estate.
Daubert hearing (dah-b<lrt or doh-behr). A hearing con
ducted by federal district courts, usu. before trial, to day
determine whether proposed expert testimony meets
the federal requirements for relevance and reliability,
as clarified by the Supreme Court in Daubert V. Merrell
Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993).
[Cases: Criminal Law Cr~'472, 481, 486; Evidence C:::)
508,546,
Daubert test. (1993) Evidence. A method that federal
district courts use to determine whether expert testi
mony is admissible under Federal Rule of Evidence 702,
which generally requires that expert testimony consist
ofScientific, technical, or other specialized knowledge
that will assist the fact-finder in understanding the
evidence or determining a fact in issue. -In its role
as "gatekeeper" of the evidence, the trial court must
decide whether the proposed expert testimony meets
the requirements ofrelevance and reliability. The court
applies the test outside the jury's presence, usu. during a
pretrial Daubert hearing. At the hearing, the proponent
must show that the expert's underlying reasoning or
methodology, and its application to the facts, are sci
entifically valid. In ruling on admissibility, the court
considers a flexible list offactors, including (1) whether
the theory can be or has been tested, (2) whether the
theory has been subjected to peer review or publica
tion, (3) the theory's known or potential rate of error
and whether there are standards that control its opera
tion, and (4) the to


3) the theory's known or potential rate of error
and whether there are standards that control its opera
tion, and (4) the to which the relevant scientific
community has accepted the theory. Daubert v. Merrell
Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993).
Similar scrutiny must be applied to nonscientific expert
testimony. Kumho Tire CO. V. Carmichael, 526 U.S. 137,
119 S.Ct. 1167 (1999). Variations of the Daubert test
are applied in the trial courts of most states. [Cases:
Criminal Law C=>472, 481, 486; Evidence C=>508, 546,
555.]
daughter. A parent's female child; a female child in a
parent-child relationship.
daughter-in-law. The wife ofone's son.
Davis-Bacon Act. A federal law originally enacted in
1931 to regulate the minimum-wage rates payable to
employees of federal public-works projects. 40 USCA
 276a.
day. (bef. 12c) l. Any 24-hour period; the time it takes
the earth to revolve once on its axis <we have a day
to prepare a mandamus petition>. [Cases: Time C=>
8.] 2. The period between the and the setting of
the sun <day or night>. Also termed natural day. 3.
Sunlight <we can see it in the day>. 4. The period when
the sun is above the horizon, along with the period in
the early morning and late evening when a person's
face is discernible. 5. Any specified time period, esp. as
distinguished from other periods <the good old days>
<a day's work>. -Also termed (in senses 2-4) daytime.
Cf. NIGHT.
adjournment day. 1. 'Ihe day on which an organiza
tion, such as a court or legislature, adjourns. 2. Hist.
A later day appointed by the judges at regular sittings
at nisi prius to try an issue of fact not then ready for
trial.

adjournment day in error. Hist. A day scheduled for
completion ofmatters not finished on the affirmance
day ofthe term.
affirmance day general. Hist. In the Court of Exche
quer, a day appointed after the beginning of every
term to affirm or reverse judgments.
answer day. (lS59) Civil procedure. The last day for a
defendant to file and serve a responsive pleading in
a lawsuit.  Under the Federal Rules of Civil Proce
dure, a defendant generally must serve an answer (1)
within 20 days after being served with the summons
and complaint, or (2) if a defendant timely waives
service at the plaintiff's request, within 60 days after
the request for waiver was sent. Fed. R. Civ. P. 4(d),
12(a). -Also termed answer date; appearance date;
appearance day.
artificial day. The period from the rising to the setting
of the sun. -Also termed solar day; civil day; dies
solaris.
astronomical day. See solar day (2).
banking day. See BANKING DAY.
business day. A day that most institutions are open for
business, usu. a day on which banks and major stock
exchanges are open, excluding Saturdays, Sundays,
and certain major holidays.
calendar day. A consecutive 24-hour day running from
midnight to midnight. -Also termed natural day.
[Cases: Time C=>S.]
civil day. See artificial day.
clear day. One ofmany full, consecutive days between
(1) the date when a period, measured in days, begins
and (2) the date when an event that ends the period
occurs. For example, if a statute or contract requires
a party to give another party five clear days of notice
ofa hearing, and the hearing is scheduled to be held
on the 31st day ofthe month, the party giving notice
must do so by the 25th day of the month so that five
full (clear) days elapse between but not including the
25th and 31st. [Cases: Time C=>S, 9(1).]
common day. In England, an ordinary court day.
court day. A day on which a particular court is open
for court business. See Fed. R. Civ. P. 6(a); Fed. R.
Crim. P. 45(a).
day ofdemurrage. Maritime law. A day beyond the
days allowed for loading or unloading cargo . A fine
is usu. assessed for each day of delay. See DEMURRAGE.
Cf. LAYDAY. [Cases: Shipping C=> lS3.]
dedication day. Hist. A day on which people from
several villages gathered in one place to celebrate the
feast day of the saint and patron ofa church.
entire day. An undivided day, rather than parts oftwo
or more days aggregated to form a 24-hour period .
An entire day must have a legal, fixed, precise time
to begin and end. A statute referring to an entire day
contemplates a 24-hour period beginning and ending
at midnight. [Cases: Time C=>S.] ferial day (feer-ee-<:ll). Hist. 1. A day free from labor,
pleading, and service of process; a holiday. 2. A
working day, under a 1449 statute (27 Hen. 6, ch. 5).
juridical day (juu-rid-i-k<:ll). (17c) A day on which legal
proceedings can be held. -Also termed judicial day.
Cf. nonjudicial day; NONJURIDICAL.
law day. See LAW DAY.
lay day. See LAYDAY.
legislative day. A day that begins when a legislative
body reconvenes after a recess or adjournment, and
ends when the body next recesses or adjourns until a
different calendar day . A legislative day may extend
over several calendar days. [Cases: States C=>32.]
love day. Hist. 1. A day when neighbors amicably
settled a dispute. 2. A day when one neighbor helped
another without payment.
natural day. 1. The 24-hour period from midnight to
midnight. -Also termed calendar day. [Cases: Time
C=>S.] 2. The period between sunrise and sunset.
Also termed artificial day.
nonjudicial day. (lSc) A day when courts do not sit or
when legal proceedings cannot be conducted, such as
a Sunday or legal holiday. See LEGAL HOLIDAY; NON
JURIDICUS. Cf. juridical day. [Cases: Time C=>S.]
peremptory day. (16c) A day assigned for trial or
hearing, without further opportunity for postpone
ment.
quarter day. Hist. One offour days during a year that
money owed (such as rent) was legally or customar
ily payable . In England and Wales the quarter days
are Lady Day, March 25; Midsummer Day, June 24;
Michaelmas Day, September 29; and Christmas Day,
December 25. In Scotland the traditional quarter
or term days are Candlemas, February 2; Whitsun
day (or Whitsuntide), May 15; Lammas, August 1;
and Martinmas, November 11. Scotland's statutory
quarter or term days are the 2Sth of February, May,
August, and November. Ifa document specifies a dif
ferent date for a quarter day, then the specified date
controls. -Also termed (in Scots law) term day.
return day. (17c) 1. A day on which a defendant must
appear in court (as for an arraignment). 2. A day on
which a defendant must file an answer. 3. A day on
which a proof ofservice must be returned to court.
Also termed rule day. [Cases: Federal Civil Procedure
C=>512; Process C=> 131.]4. A day on which a writ of
execution must be returned to court. [Cases: Execu
tion C=> 333.] 5. A day specified by law for counting
votes in an election. -Also termed return date.
[Cases: Elections C=> 126(7),241.]
solar day. 1. See artificial day. 2. The 24-hour period
from noon to noon. -Also termed astronomical
day.
term day. Scots law. See quarter day.
daybook. A merchant's original record of daily trans
actions.

455
day fine. See FINE (5).
day in court. (16c) 1. The right and opportunity, in a
judicial tribunal, to litigate a claim, seek relief, or
defend one's rights. 2. The right to be notified and given
an opportunity to appear and to be heard when one's
case is called.
day loan. See LOAN.
day ofdemurrage. See DAY.
day order. See ORDER (8).
day rule. See DAY WRIT.
days in bank. Particular days set aside by the Court
of Commbn Pleas for specific matters, including the
appearance of parties and service of process. -Also
termed dies in banco.
"There are in each of these terms stated days called days
in bank, dies in banco; that is, days of appearance in the
court of common pleas. They are generally at the distance
of about a week from each other, and regulated by some
festival of the church. On some one of these days in bank
all original writs must be made returnable ...." 3 William
Blackstone, Commentaries on the Laws of England 277
(1768).
daysman (dayz-m;m). Hist. 1. An arbitrator; an elected
judge; an umpire. 2. A day laborer. -Also spelled
deiesman.
days ofgrace. 1. GRACE PERIOD (1). 2. Int'llaw. A timed
exemption from prize law that is granted to enemy
merchant ships when they are caught unawares by the
outbreak ofwar.
daytime. 1. See DAY (2). 2. See DAY (3). 3. See DAY (4).
day trading. See TRADING.
daywork. 1. Short-term employment that is intended to
last only for a day, or for a few days. 2. Hist. In England,
a measure ofland being the amount ofarable land that
can be plowed in a day. -Also termed daywere.
daywork drilling contract. Oil & gas. A contract under
which the lease operator hires a drilling rig and oilfield
workers, pays an amount based on the time spent in
drilling operations, and retains the right to direct
drilling operations . This type of contract gives the
lease operator broad control over the drilling contrac
tor, so courts in turn impose broad liability on the lease
operator for any damages that result from the drilling.
Cf. FOOTAGE DRILLING CONTRACT; TURNKEY DRILLING
CONTRACT.
day writ. English law. A Queen's Bench writ allowing
a prisoner to leave prison to conduct business (such
as attending trial at the Court of Assizes), as long as
the prisoner returns by 9:00 p.m. -Also termed day
rule.
D.B. abbr. DOMESDAY BOOK.
d/b/a. abbr. Doing business as . The abbreviation usu.
precedes a person's or business's assumed name <Paul
Smith d/b/a Paul's Dry Cleaners>. It signals that the
business may be licensed or incorporated under a dif
ferent name. Cf. TRADENAME.
d.b.e. abbr. DE BENE ESSE. Deadbeat Parents Punishment Act
d.b.n. abbr. See administration de bonis non under
ADMINISTRATION.
d.b.n.c.t.a. abbr. See administration de bonis non cum
testamento annexo under ADMINISTRATION.
DBO. abbr. Death benefit only. See survivor's income
benefit plan under EMPLOYEE BENEFIT PLAN.
D.C. abbr. 1. DISTRICT OF COLUMBIA. 2. See district court
(1) under COURT.
DCAA. abbr. DEFENSE CONTRACT AUDIT AGENCY.
DCF. See discounted cash flow under CASH FLOW.
DCMA. abbr. DEFENSE CONTRACT MANAGEMENT
AGENCY.
DDoS. abbr. DISTRIBUTED DENIAL-OF-SERVICE
ATTACK.
DDP. abbr. 1. DELIVERED DUTY PAID. 2. DISCLOSURE
DOCUMENT PROGRAM.
DDU. abbr. DELIVERED DUTY UNPAID.
de (da or duu). [French] Of; about. This is a French
preposition often used to show the genitive case, as in
brefe de droit ("writ ofright").
de (dee or day). [Latin] Of; about; concerning; respecting;
by; from; out of; affecting. This preposition is used
in the titles ofEnglish statutes, oforiginal and judicial
writs, and of court proceedings.
deacon. Eccles. law. 1. In certain churches, a member
of the clerical order who assists the priest in various
duties, including the presentation of the sacrament.
 It is the third order below bishops and priests. A
deacon is not allowed to consecrate the Holy Commu
nion or pronounce absolution but can perform most
ofthe other priestly duties. 2. An elected or appointed
officer of a church who assists a minister or priest in
various duties.
dead-and-buried company. See COMPANY.
dead asset. See ASSET.
deadbeat. (1863) Slang. A person who does not pay
debts or financial obligations (such as child-support
payments, fines, and legal judgments), usu. with the
suggestion that the person is also adept or experienced
at evading creditors.
deadbeat dad. (1983) Slang. A father who has not paid
or who is behind in making child-support payments.
[Cases: Child Support C=>650, 653.]
deadbeat mom. (1987) Slang. 1. A mother who has
not paid or who is behind in making child-support
payments. This term is used far less frequently than
either deadbeat


not paid or who is behind in making child-support
payments. This term is used far less frequently than
either deadbeat dad or deadbeat parent, probably
because nearly ten times as many men as women fail
to support (or are ordered to support) their children
financially after divorce. 2. An able-bodied mother
whose income is derived from welfare payments, not
from gainful employment. [Cases: Child Support C=>
650,653.]
Deadbeat Parents Punishment Act. A 1998 federal
statute that makes it a felony, punishable by up to two

456 deadborn
years in prison, for failure to pay child support if the
obligor has crossed state lines in an attempt to avoid
paying the support.  The Act provides felony penal
ties if(l) a person travels across state lines intending to
evade a child-support obligation that is over $5,000 or
that has remained unpaid longer than one year, or (2)
a person willfully fails to pay support for a child living
in a different state if that obligation is greater than
$10,000 or ifit remains unpaid for more than two years.
The Act supersedes the Child Support Recovery Act
of 1994. The greatest change in the new statute is the
provision regarding the obligor's crossing ofstate lines
in an eff.ort to evade the support obligation. 42 USCA
 228. -Abbr. DPPA. See CHILD SUPPORT RECOVERY
ACT OF 1994. [Cases; Child Support (>650, 653.]
deadborn. See STILLBORN.
dead corporation. See dissolved corporation under COR
PORATION.
dead freight. See FREIGHT.
deadhand control. (1952) The convergence of various
legal doctrines that allow a decedent's control ofwealth
to influence the conduct of a living beneficiary; esp., the
use of executory interests that vest at some indefinite
and remote time in the future to restrict alienability
and to ensure that property remains in the hands of a
particular family or organization . Examples include
the lawful use of conditional gifts, contingent future
interests, and the Claflin-trust principle. The rule
against perpetuities restricts certain types ofdeadhand
control, which is sometimes referred to either as the
power of the mortua manus (dead hand) or as trying
to retain property in mortua manu. See RULE AGAINST
PERPETUITIES.
dead letter. 1. A law or practice that, although not
formally abolished, is no longer used, observed, or
enforced. 2. A of mail that can be neither deliv
ered nor returned because it lacks correct addresses
for both the intended recipient and the sender. [Cases:
Postal Service
deadlock, n. 1. A state ofinaction resulting from oppo
sition, a lack ofcompromise or resolution, or a failure
of election. See tie vote under VOTE (2). 2. Corpora
tions. The blocking ofcorporate action by one or more
factions of shareholders or directors who disagree
about a Significant aspect of corporate policy. [Cases:
Corporations C=>553(5), 592.) -deadlock, vb.
deadlocked jury. See hungjury under JURY.
deadly force. See PORCE.
deadly weapon. See WEAPON.
deadly weapon per se. See WEAPON.
dead man's part. Archaic. 1. !lrchaic. By custom in
certain places, the portion of a dead man's estate set
aside for mass services; later, that portion set aside as
payment for the administrator . That portion ranged
from one-third (if the deceased had a wife and children)
to the entire estate (if the deceased had no wife or
children). "'If the deceased leaves a Widow and children, his sub
stance ... is divided into three parts; one of which belongs
to the Widow, another to the children, and the third to
the administrator: if only a widow, or only children, they
shall respectively, in either case, take one moiety, and the
administrator the other: if neither widow nor child, the
administrator shall have the whole. And this portion, or
dead man's part, the administrator was wont to apply to
his own use, till the statute Ijac. II. c. 17 declared that the
same should be subject to the statute of distributions." 2
William Blackstone, Commentaries on the Laws ofEngland
518 (1766).
"If a testator leaves neither Wife nor child, he can give away
the whole of his movable goods. If the testator leaves wife
but no child, or child but no wife, his goods must, after his
debts have been paid, be divided into two halves; one of
these can be disposed of by his will, it is 'the dead's part;
the other belongs to the widow, or (as the case may be) to
the child or children." 2 Frederick Pollock & Frederic William
Maitland, History ofEnglish Law Before the Time ofEdward
1349 (2d ed. 1899).
2. Scots law. The part of the movable estate that may
be disposed of by will in any way the testator wishes;
specif., the of a dead man's personal estate not
legally reserved for his spouse or children and capable
ofbeing bequeathed by will or falling upon intestacy to
his next-of-kin. Also termed dead's part.
dead man's statute. (1879) A law prohibiting the admis
sion of a decedent's statement as evidence in certain
circumstances, as when an opposing party or witness
seeks to use the statement to support a claim against the
decedent's estate. Also termed dead person's statute.
[Cases; Witnesses 0='125.]
dead marriage. See MARRIAGE (1).
de admensuratione do tis (dee ad-men-s[y)uu-ray-shee
oh-nee doh-tis), n. [Law Latin "of the admeasurement
ofdower"] See admeasurement ofdower under ADMEA
sUREMENT.
dead person's statute. See DEAD MAN'S STATUTE.
dead pledge. Archaic. See MORTGAGE (1).
dead rent. A mining-lease payment, either in addition to
or as part of the royalty, that must be made whether or
not the mine is working. The purpose ofthe provision
is to secure the working of the mine. See delay rental
under RENTAL [Cases; Mines and Minerals 0=70.)
dead-ship doctrine. Maritime law. The rule that admi
ralty law no longer applies to a ship when its purpose
has been so changed that it is no longer a vessel because
it has no further naVigation function. [Cases; Admi
ralty
dead's part. See DEAD MAN'S PART.
dead stock. Goods that remain in inventorv because
there is no market for them. '
dead storage. The stowage of goods, esp. motor vehicles,
for a long time in a public storage area, as opposed to
the daily or regular stowage ofgoods in active use. Cf.
LIVE STORAGE. [Cases; Insurance (;=.2278(13).]
dead time. See TIME.
dead use. A future use.

457
de advisamento consilii nostri (dee ad-vl-z<l-men-toh
k<ln-sil-ee-l nos-tn). [Law Latin] With or by the advice
ofour council.  This phrase was formerly used in writs
ofsummons to Parliament.
de aequitate (dee ee-kw<l-tay-tee). [Latin] In equity.
de aestimato (dee es-ti-may-toh). [Latin "for the estima
tion of something in money"] Roman law. An action
available to an owner of goods against a person who
received the goods but failed, after a certain period, to
either pay the owner an agreed price after finding a pur
chaser or return the goods to the owner . The transac
tion, or aestimatum, was an innominate contract often
used by traveling merchants or second-hand dealers
who, after purchasing items, could then resell them
at higher prices or return them to the owner. Also
termed actio aestimatoria.
de aetate probanda (dee ee-tay-tee proh-ban-d<l), n. [Law
Latin "of (about) proving age"] Hist. A writ ordering the
sheriff to summon a jury to determine whether an heir
ofa tenant holding an estate directly ofthe Crown was
old enough to receive the estate.
deafforest. See DISAFFOREST.
deal, n. (15c) 1. An act of buying and selling; the purchase
and exchange ofsomething for profit <a business deal>.
2. An arrangement for mutual advantage <the witness
accepted the prosecutor's deal to testify in exchange
for immunity>. 3. An indefinite quantity <a great deal
of money>.
deal, vb. (bef. 12c) 1. To distribute (something) <to deal
drugs>. 2. To transact business with (a person or entity)
<to deal with the competitor>. 3. To conspire with (a
person or entity) <to deal for the account>.
dealer, n. (l7c) 1. A person who purchases goods or
property for sale to others; a retailer. 2. A person or
firm that buys and sells securities for its own account
as a principal, and then sells to a customer. See DEAL,
n. & vb.
broker-dealer. See broker-dealer under BROKER.
registered dealer. A dealer registered or required to be
registered under the Securities Exchange Act of1934.
[Cases: Securities Regulation C=:40.10-40.16.]
dealer's talk. See PUFFING (1).
de allocatione facienda (dee al-<l-kay-shee-oh-nee fay
shee-en-d<l), n. [Law Latin "for making allowance"]
Hist. A writ directed to the treasurer and barons ofthe
Exchequer allowing certain officers (such as accoun
tants and customs collectors) to have in their accounts
the funds necessary to make certain payments.
de alode parentum (dee al-<l-dee p<l-ren-t<lm). [Law
Latin] Hist. From freehold of one's parents.
"De alode parentum. lands descending by inheritance
from parents were said to be so acquired, in contradistinc
tion to lands held in feu ... and to those acquired by a
singular title. Subsequently the phrase acquired a more
comprehensive signification, as all lands were, in process
of time, termed allodial, in which the holder had a right of
absolute property, without rendering any service therefor,
or recognising any superior therein, and of which he had de apostata capiendo
an unlimited power of disposal." John Trayner, Trayner's
Latin Maxims 137 (4th ed. 1894).
de alto et basso (dee al-toh et bas-oh), n. [Law Latin "of
high and low"] Hist. The total submission ofall differ
ences -great or small -to arbitration.
de ambitu (dee am-bi-tyoo). [Latin "of going around"]
Ofdevious methods ofsecuring a position, as through
bribery. -Several Roman laws (such as the Lex Julia de
Ambitu) dealt with these methods, such as prohibiting
electoral bribery.
de ampliori gratia (dee am-plr-or-l gray-shee-<:l). [Latin]
Of more abundant or more full grace.
dean. 1. Eccles. law. An officer who leads a chapter,
parish, or other subdivision of a diocese, usu. upon a
bishop's request or appointment.
"A dean and chapter are the council of the bishop, to assist
him with their advice in affairs of religion, and also in the
temporal concerns of his see .... All ancient deans are
elected by the chapter. by conge d'eslire from the king, and
letters missive of recommendation; in the same manner
as bishops: but in those chapters, that were founded by
Henry VIII out of the spoils of the dissolved monasteries,
the deanery is donative .... The chapter, consisting of
canons or prebendaries, are sometimes appointed by the
king, sometimes by the bishop, and sometimes elected by
each other." 1 William Blackstone, Commentaries on the
Laws ofEng/and 370-71 (1765).
2. In a school, college, or university, the administra
tive or academic head . In larger schools, there may
be several kinds of deans, such as a dean of admis
sions and a dean ofstudent affairs. Within a university,
there may be deans ofspecific schools. [Cases: Colleges
and Universities <>:)7.] 3. The head or commander ofa
group of ten, such as ten soldiers or ten monks.
de anna bissextili (dee an-oh bis-sek-stI-h), n. [Law
Latin "of the bissextile year"] Hist. A law of III
advising the justices ofthe bench that in a case requir
ing something to be done within a year, the leap-year
day and the day before should be counted as one day.
de annua pensione (dee an-yoo-" pen-shee-oh-nee),
n. [Law Latin "of annual pension"] Hist. A royal writ
demanding payment from an abbey or prior, ofa yearly
pension for the king's chaplain named in the writ.
de annuo reditu (dee an-yoo-oh red-Hyoo), n. [Law
Latin "for a yearly rent"] Hist. A writ to recover an
annuity payable in goods or money.
Dean ofGuild. Scot's law. In certain burghs, the head of
the Guild or Merchant Company, with jurisdiction in
maritime and mercantile disputes.
Dean ofGuild Court. Scots law. The court presided over
by the Dean of Guild . In modern times the court
dealt with municipal affairs, esp. building regulations.
All such courts were abolished in 1975.
Dean of the Arches. English law. The presiding judge of
the Court of Arches. See COURT OF ARCHES.
de apostata capiendo (dee <l-pos-t<l-t<:l kap-ee-en-doh),


de apostata capiendo (dee <l-pos-t<l-t<:l kap-ee-en-doh),
n. [Law Latin "of the taking of an apostate"] Hist. A writ
ordering a sheriff to apprehend and return to a monas
terya person who had entered the monastery, professed

the religious order, and then left and wandered around
the country.
de arbitratione facto (dee ahr-bi-tray-shee-oh-nee fak
toh), n. [Law Latin "of arbitration had"] Rist. A writ
staying an action already settled by arbitration.
de arrestandis bonis ne dissipentur (dee ar-~-stan-dis
boh-nis nee dis-~-pen-t~r), n. [Law Latin "of goods
arrested lest they be dispersed"] Rist. A writ to seize
goods from a party to ensure that the goods do not
disappear while a lawsuit is pending.
de arrestando ipsum qui pecuniam recepit (dee ar-~
stan-doh ip-s~ kwr p~-kyoo-nee-~m ri-see-pit), n. [Law
Latin "for the apprehension ofone who took the king's
money"] Rist. A writ ordering the arrest of a person
who took the king's money for war service, and then
hid to keep from serving.
de asportatis religiosorum (dee as-por-tay-tis ri-lij-ee
oh-sor-~m), n. [Law Latin "concerning the property
of religious persons carried away"] Rist. A statute of
Edward I passed to curb alienation of clerical posses
sions, including the removal of those possessions to
foreign countries.
de assisa proroganda (dee J-SI-Z~ proh-r~-gan-dJ), n.
[Law Latin "of the proroguing of an assize"] Rist. A
writ ordering justices to postpone an assize because a
party is busy in the Crown's service.
death. (bef. 12c) The ending of life; the cessation of all
vital functions and signs. -Also termed decease;
demise.
accidental death. A death that results from an unusual
event, one that was not voluntary, intended, expected,
or foreseeable. Also termed death by misadven
ture.
brain death. (1964) The bodily condition of showing
no response to external stimuli, no spontane
ous movements, no breathing, no reflexes, and a
flat reading (usu. for a full day) on a machine that
measures the brain's electrical activity . In 1971,
Kansas became the first state to enact a statutory
definition of the term. Before that, heart transplants
raised the question ofwhen -and whether -death
had occurred. Early cases dealing with this problem
include a tort case (wrongful death), Tucker v. Lower,
No. 2831 (Richmond, Va., L. & Eq. Ct., May 23,1972)
(jury accepted the defendants' definition of brain
death); a criminal case (vehicular homicide), People
v. Flores, No. 20190 (Sonoma Co. Mun. Ct. Dec. 19,
1973), No. N746-C (Sonoma Co. Super. Ct. July 23,
1974) (defendant acquitted because no statute defined
brain death); and a criminal case (murder), People v.
Lyons, IS Crim. L. Rep. 2240, No. 56072 (Alameda Co.
Super. Ct. May 21, 1974) (court accepted prosecutor's
definition of brain death and convicted defendant).
[Cases: Death ~1.] -Also termed legal death.
civil death. 	1. Archaic. At common law, the loss of
rights such as the rights to vote, make contracts,
inherit, and sue -by a person who has been outlawed
or convicted ofa serious crime, or who is considered to have left the temporal world for the spiritual by
entering a monastery. Cf. DE CATALLIS FELONUM.
Convicts ~1.]
"In one large department of law the fiction [civil deathl is
elegantly maintained. A monk or nun can not acquire or
have any proprietary rights. When a man becomes 'pro
fessed in religion,' his heir at once inherits from him any
land that he has, and, if he has made a will, it takes effect
at once as though he were naturally dead." 1 Frederick
Pollock & Frederic W. Maitland, History ofEnglish Law 434
(2d ed. 1898),
"Civil death arises from outlawry; it seems doubtful
whether there are any other circumstances to which the
phrase is now applicable." William R. Anson, Principles of
the Law of Contract 193 n.(b) (Arthur L. Corbin ed" 3d
Am, ed. 1919),
2. In some states, the loss of rights -such as the
rights to vote and hold public office by a person
serving a life sentence. Cf. civil disability under DIS
ABILITY (3). [Cases: Officers and Public Employees
3. The state of a corporation that has formally
dissolved or become bankrupt, leaving an estate to
be administered for the benefit of shareholders and
creditors. Also termed (in senses 2 & 3) legal death.
[Cases: Corporations ~617(1).]
compensable death. Workers' compensation. A death
that, because it occurred in the course of employment,
entitles the employee's heirs to compensation. [Cases:
Workers' Compensation C=',408-51O.J
death by one's own hand. See S'GICIDE (1).
immediate death. (16c) 1. See instantaneous death. 2.
A death occurring within a short time after an injury
or seizure, but not instantaneously.
"A distinction has been made between 'instantaneous'
and 'immediate' death .... As an example of 'immedi
ate' rather than 'instantaneous' death the situation in
which a blow on the head produces unconsciousness and
renders the victim incapable of intelligent thought, speech,
or action for several minutes until he dies." 22AAm.Jur. 2d
Death  43. at 159 (1988).
instantaneous death. (lSc) Death occurring in an
instant or within an extremely short time after an
injury or seizure. -It is a factor in determining an
award of damages for the victim's pain and suffer
ing. Sometimes also termed immediate death.
"Although the possibility of a death that is truly simultane
ous with the injury that caused it has been denied, it has
been pointed out that death may be so contemporaneous
with the fatal injury as to be instantaneous in the sense that
there could be no recovery for the victim's pain and suffer
ing. Ordinarily, death is not regarded as instantaneous if
an appreciable length of time elapsed between the injury
and the death. Indeed, even where the injury causing the
death is necessarily fatal and death results therefrom in
a few moments, it has been held that although it would
commonly be called an instantaneous death, still if the
injured person survives the injury for a brief period, it may
not be said that the death is instantaneous .... In such
case it is immaterial that the period of time between the
injury and death is short." 22A Am. Jur. 2d Death  43, at
158 (1988).
legal death. 1. See brain death. 2. See civil death (2). 3.
See civil death (3).

459
natural death. (l5c) L Bodily death, as opposed to civil
death. 2. Death from causes other than accident or
violence; death from natural causes. -Also termed
mars naturalis. See ~ATURAL-DEATH ACT. Cf. violent
death.
presumptive death. (1856) Death inferred from proof
of the person's long, unexplained absence, usu. after
seven years. See ENOCH ARDEN LAW. [Cases: Death
C=::o 1, 2.]
simultaneous death. (1878) The death of two or more
persons in the same mishap, under circumstances
that make it impossible to determine who died first.
See UNIFORM SIMULTANEOUS DEATH ACT; COMMON
DISASTER; COMMORIENTES.
violent death. (l6c) Death accelerated by human inter
vention and resulting from a sharp blow, explosion,
gunfire, or the like. Cf. natural death.
death, contemplation of. See CONTEMPLATION OF
DEATH.
death action. See WRONGFUL-DEATH ACTION.
deathbed declaration. See dying declaration under DEC
tARATION (6).
deathbed deed. See DEED.
death benefit. See BENEFIT.
death-benefit-only plan. See survivor's income benefit
plan under EMPLOYEE BENEFIT PLAN.
death by misadventure. 1. See ACCIDENTAL KILLING.
2. See accidental death under DEATH. 3. Archaic. A
defense to a murder charge on the ground that the
defendant lacked the requisite mental state for murder.
-The defense was abolished as redundant because the
prosecution had to prove state of mind anyway as an
essential element of murder.
death by one's own hand. See SUICIDE (1).
death case. (1907) 1. A criminal case in which the death
penalty may be or has been imposed. 2. WRONGFUL
DEATH ACTION.
death certificate. (1888) An official document issued by
a public registry verifying that a person has died, with
information such as the date and time of death, the
cause of death, and the signature of the attending or
examining physician. [Cases: Health C=::o398.]
death-damage statute. Archaic. See WRONGFUL-DEATH
STATUTE.
death duty. 1. See DUTY (4). 2. See estate tax under TAX.
death-knell doctrine. (1972) A rule allowing an inter
locutory appeal if precluding an appeal until final
judgment would moot the issue on appeal and irrep
arably injure the appellant's rights. -Once recog
nized as an exception to the final-judgment rule, the
doctrine was limited by the U.S. Supreme Court in
Coopers & Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct.
2454 (1978). There, the Court held that the death-knell
doctrine does not permit an immediate appeal of an
order denying class certification. But the doctrine still
applies in some contexts. For example, the doctrine de averiis captis in withernamium
allows an immediate appeal of the denial of a tem
porary restraining order when the lack of an appeal
would leave nothing to be considered in the trial court.
Woratzeck v. Arizona Rd. ofExecutive Clemency, 117
F.3d 400 (9th Cir. 1997). -Also termed death-knell
exception. Cf. FINAL-JUDGMENT RULE. [Cases: Appeal
and Error (;;:::>68,73(2); Federal Courts (;::;572.1.]
Death on the High Seas Act. A federal law, enacted in
1920, permitting a wrongful-death action to be filed
in U.S. district court for a death occurring on the
high seas. 46 USCA app.  761-67. Abbr. DOHSA.
[Cases: Death (;~~7, 13.]
death penalty. (1848) 1. CAPITAL PUNISHMENT. 2. A
penalty that makes a person or entity ineligible to par
ticipate in an activity that the person or entity
ously participated in. -The penalty is usu. imposed
because ofsome type ofgross misconduct. 3. See death
penalty sanction under SANCTION.
death-penalty sanction. See SANCTION.
death-qualified jury. See JURY.
death row. (1950) The area ofa prison where those who
have been sentenced to death are confined.
death sentence. See SENTENCE.
deathsman. An executioner; a hangman.
death-spiral deal. A convertible security for which the
conversion price depends on the market price less a
percentage discount on the date of conversion. Also
termed toxic convert.
death statute. (1910) A law that protects the interests
of a decedent's family and other dependents, who
may recover in damages what they would reasonably
have received from the decedent if the death had not
occurred. Cf. SURVIVAL STATUTE. [Cases: Death
7,10.]
death tax. l. See estate tax under TAX. 2. See inheritance
tax under TAX.
death trap. (1835) 1. A structure or situation involVing
an imminent risk ofdeath. 2. A situation that, although
seemingly safe, is actually quite dangerous.
death warrant. See WARRANT (1).
de attornato recipiendo (dee a-tor-nay-toh ri-sip-ee-en
doh), n. [Law Latin "of receipt ofan attorney"] Hist. A
writ requiring a court to receive and admit an attorney
for a party.
de audiendo et terminando (dee aw-dee-end-doh et
tar-mi-nan-doh), n. [Law Latin "for hearing and deter
mining"] Hist. A writ or commission directing certain
justices to hear and resolve particular cases resulting
from a riot, including those involving heinous misde
meanors, breaches ofthe peace, and trespass. Cf. COM
MISSION OF OYER AND TERMINER.
de averiis cap tis in withernamium (dee <'l-veer-ee-is
kap-tis in with-<'lr-nay-mee-<'lm), n. [Law Latin "for
taking cattle in withernam"] Hist. A writ directing a
sheriff to detain a defendant's cattle because the defen
dant had unlawfully taken the plaintiff's cattle out of

460 de averiis replegiandis
the county. -The defendant's cattle would be detained


of

460 de averiis replegiandis
the county. -The defendant's cattle would be detained
until the sheriff could replevy the plaintiff's cattle.
de averiis replegiandis (dee a-veer-ee-is ri-plee-jee
an-dis), n. [Law Latin "of replevying beasts") Hist. A
writ ordering a sheriff to replevy someone's beasts or
chattels that had been unlawfully taken and detained.
-This is the old writ of replevin.
de banco (dee or dd bang-koh). [Law Latin] Ofthe bench.
-In England, the term applied to justices of the Court
ofCommon Pleas.
debarment, n. The act of precluding someone from
having Qr doing something; exclusion or hindrance.
debar, vb.
debasement. (l7c) 1. The act of reducing the value,
quality, or purity of something; esp., the act oflowering
the value of coins by either reducing the weight of
gold and silver in the coins or increasing the coins'
alloy amounts. 2. Degradation. 3. The state of being
degraded.
debate. Parliamentary law. Formal consideration of a
motion's merits in the form of speeches for, against, or
otherwise addressing the motion. See CONSIDERATION
(2). debatable, adj. -debatability, n.
controlled debate. Debate in which designated
managers, usu. a partisan leader, lead each side and
allot time for speeches. -Also termed controlled
time.
extended debate. Debate that continues beyond an oth
erwise applicable limit. See EXTEND DEBATE.
floor debate. (1884) The legislative process ofdebating
a proposed bill before an entire chamber rather than
before a committee. [Cases: States (;'::::,32.]
limited debate. Debate with restrictions. See LIMIT
DEBATE.
pro-con debate. A debate that adheres to the parlia
mentary principle that speeches should alternate
between opposing viewpoints. -Sometimes those
seeking the floor on one side outnumber those on
the other side, in which case the chair may allow two
(or more) speeches in a row on the same side of the
question.
debate agenda. See debate calendar under CALENDAR
(4).
debate calendar. See CALENDAR (4).
debauch (di-bawch), vb. 1. Archaic. To draw (a person)
away from duty; to lead (a person) astray. 2. To corrupt
(a person) with lewdness; to seduce (someone). 3. To
mar or spoil (a person or thing).
debauchery (di-bawch-<l-ree), n. Excessive indulgence
in sensual pleasures; sexual immorality or excesses.
debauch, vb.
debellatio (deb-a-Iay-shee-oh). [Latin] Int'llaw. A means
of ending a war and acquiring territory when one of
the belligerent countries has been so soundly defeated
that its adversary is able to decide alone the fate of the defeated country's territory; conquest followed by
annexation. -Also termed subjugation.
"[There are] three possible alternative meanings of debel
iatio in international law. The first is that debellatio denotes
the change wrought by the conquest and total subjuga
tion of a State together with that State's annexation by the
conqueror. The second view is that debellatio corresponds
to the total defeat of an enemy State, its occupation, and
the elimination of a vital component of Statehood; in this
view, debellatio implies the extinction of the old State, but
it leaves open the legal future of the occupied territory
(annexation or the founding of one or more new States).
The third view is that debellatio only describes a factual sit
uation and that even the elimination of all the State organs
combined with the occupation of the territory does not
exclude the continuing existence of that State. It is mainly
the second and the third meanings of debeflatiowhich have
been advocated for the situation of Germany since the end
of World War II." Karl-Ulrich Meyn, "Debellatio," in I Encyclo
pedia ofPublic International Law 166 (1992).
de bene esse (dee bee-nee es-ee also day ben-ay es-ay),
adv. [Law Latin "of well-being"] (l7e) As conditionally
allowed for the present; in anticipation ofa future need
<Willis's deposition was taken de bene esse>. [Cases:
Pretrial Procedure G~.>63.] -Abbr. d.b.e. de bene
esse, adj.
debenture (di-ben-chdr). [ff. L. debentur "there are
owed"] (15c) 1. A debt secured only by the debtor's
earning power, not by a lien on any specific asset .
Originally, this was the first word of a deed detailing
sums acknowledged to be owed. 2. An instrument
acknowledging such a debt. 3. A bond that is backed
only by the general credit and financial reputation of
the corporate issuer, not by a lien on corporate assets.
Also termed debenture bond; unsecured bond; naked
debenture; plain bond. Cf. BOND (3). Corpora
tions
"The word 'debenture' in its archaic sense was applied to
a form given under seal as an acknowledgment for goods
supplied to the Royal Household, and as such probably
meant a charge on Public Funds. The term was further
applied to drawback certificates issued for repayment, on
the exportation of goods, of duty which had already been
paid upon them, and this term is still so used by H.M.
Customs.... The word is now, however, generally used to
indicate an acknowledgment of indebtedness given under
seal by an incorporated company, containing a charge on
assets of the company, and carrying an agreed rate of
interest until payment, but the variety of the forms which
a debenture may take makes it difficult to find a good
general definition in any reported case." Thomas Froude
& Eric V.E. White, The Practice Relating to Debentures I
(1935).
convertible debenture. (1908) A debenture that
the holder may change or convert into some other
security, such as stock. [Cases: Corporations
convertible subordinated debenture. (1961) A deben
ture that is subordinate to another debt but can be
converted into a different security.
sinking-fund debenture. (1893) A debenture that is
secured by periodic payments into a fund established
to retire long-term debt.

461
subordinate debenture. (1929) A debenture that is
subject to the prior payment of ordinary debentures
and other indebtedness.
4. English law. A company's security for a monetary
loan. The security usu. creates a charge on company
stock or property. 5. A customhouse certificate provid
ing for a refund ofthe duties on imported goods when
the importer reexports the goods rather than selling
them in the country where they were imported.
debenture bond. See DEBENTURE (3).
debenture indenture. See INDENTURE.
debenture stock. 1. Stock that is issued under a contract
providing for periodic, fixed payments. [Cases: Cor
porations C=:->470.) 2. English law. A type ofbond rep
resenting money borrowed by a company using its
property or other fixed assets as security.
debet et detinet (dee-bet or deb-et et det-i-net or det
<J-n;}t). [Law Latin) Hist. He owes and detains . 'This
phrase was used in declarations in actions for debt
when the original creditor sued the original debtor.
The declaration stated that the defendant "owes to" as
well as "detains from" the plaintiff the debt or thing in
question; thus, the action was said to be "in the debet et
detinet." But ifthe action was brought against someone
other than the original debtor (such as an executor, for
a debt due from the testator), then the action was said
to be "in the detinet alone." Cf. DETINET.
debet sine breve (dee-bet or deb-et sl-nee breev or bree
vee), n. [Law Latin" debt without a writ"] 1. An action
for debt commenced under a bill rather than a writ. 2.
A debt confessed by judgment. -Abbr. d.s.b. Also
termed debitum sine breve; debit sans breve. See CON
FESSION OF JUDGMENT.
de bien et de mal (dd byen ay d.:l mal). [Law French]. See
DE BONO ET MALO (I).
de biens Ie mort (d<J beenz 1<J mor[t]). [Law French] Hist.
Of the goods ofthe deceased.
de bigamis (dee big-.:l-mis), n. [Law Latin "concerning
men twice married"] Hist. The statute of4 Edw. I. st. 3,
so called from the opening words ofthe fifth chapter.
See BIGAMUS.
debit. (ISc) 1. A sum charged as due or owing. 2. In
bookkeeping, an entry made on the left side ofa ledger
or account, noting an increase in assets or a decrease in
liabilities. 3. An account balance showing that some
thing remains due to the holder of the account. Cf.
CREDIT (6).
debita fundi (deb-i-t.:lm bn-dI). [Law Latin] Scots law.
Debts attaching to the soil; debts affecting the land.
debita laicorum (deb-i-t.:l laY-d-kor-.:lm), n. [Law Latin
"debts oflaity"] Hist. The debts recoverable in civil
courts.
debit card. A card used to pay for purchases by elec
tronic transfer from the purchaser's bank account. Cf.
CREDIT CARD. de bonis non administratis
debiti et crediti contributio (deb-HI et kred-HI kOIl
tri-byoo-shee-oh). [Law Latin] Civil law. A balancing
ofdebit and credit.  The phrase appeared in reference
to setoff.
debitor (deb-i-tor), n. Roman law. Someone who has a
legal obligation to someone else. Cf. CREDITOR (1). PI.
debitores.
debito rem locupletem esse (deb-i-tor-;}m lok-yoo-plee
t<Jm es-ee). [Latin] Hist. That the debtor is solvent.  In
assigning a debt, a creditor might sometimes warrant
that the debtor had the money to pay it.
debitor non praesumitur donare (deb-i-tor non pri
zyoo-mi-tur doh-nair-ee), n. [Law Latin "a debtor is not
presumed to make a gift") His!. The presumption that
any payment from a debtor is intended to satisfy the
debt, unless the disposition dearly shows the debtor's
intent to make a donation.
debito tempore (deb-i-toh tem-p<J-ree). [Latin] Hist. In
due time.
debitrix (deb-d-triks), n. [Latin) Archaic. Civil law. A
female debtor.
debit sans breve. See DEBET SINE BREVE.
debitum (deb-i-t;}m), n. [Latin "a debt"] Roman law.
Money or other thing that is actually owed, where there
is both a duty and liability to repay; an actionable debt.
Cf. INDEBITUM.
debitum fructuum (deb-i-t<Jm frak-choo-dm). [Law
Latin] Hist. A debt upon the fruits; that is, a debt from
the fruit ofthe land, not from the land itself. Tithes,
for example, were usu. payable debitum fructuum.
debitum in diem (deb-i-t<Jm in dI-dm). [Latin "a debt
to a date"] Hist. A debt payable at a future date . The
phrase appeared in reference to a debt that is due but
for which the time for payment had not yet arrived. See
UBI DIES CESSIT, LICET NONDUM VENERIT.
debitum in praesenti solvendum in futuro (deb- i-t.:lm in
pri-zen-tI sol-ven-d.:lm in fyoo-t[y]oor-oh). [Latin] A
present debt (or obligation) to be paid at a future time;
a debt or obligation complete when contracted, but of
which the performance cannot be required until some
future period.
debitum reale (deb-i-t<Jm ree-ay-Iee). [Law Latin] Hist.
A real debt; a debt on land, as distinguished from a
personal obligation.
debitum sine breve. See DEBET SINE BREVE.
debitum subesse (deb-i-t;}m s.:lb-es-ee). [Latin) Hist. That
the debt is due.
de bonis asportatis (dee boh-nis as-pdr-tay-tis). See
trespass de bonis asportatis under TRESPASS.
de bonis non (dee boh-nis non). See administration de
bonis non under ADMINISTRATION.
de bonis non administratis (dee boh-nis non ad-min
<J-stray-tis). [Law Latin] Hist. Ofthe goods not admin
istered . When the first administrator of an intestate
estate dies or is removed, the second administrator is

called an administrator bonis non, who administers the
goods not administered by the previous executor.
de bonis non amovendis (dee boh-nis non ay-moh-ven
dis), n. [Latin "of goods not to be moved"] Hist. A writ
directing the sheriffs of London to make sure that a
defendant's goods are not removed while the defen
dant's writ oferror on a judgment is pending.
de bonis propriis (dee boh-nis proh-pree-is), n. [Law
Latin "of his own goods"] Hist. A judgment allowing
execution on an administrator's individual property
rather than the property of an estate, as when the
administrator mismanages the estate. Cf. DE BONIS
TESTATORIS.
de bonis testatoris (dee boh-nis tes-t.:l-tor-is), n