demarche. See AIDE-ME MOIRE.
de maritagio amisso per defaltam (dee mar-~-tay-jee-oh
a-mis-oh par da-fawl-tam), n. [Law Latin] Hist. A writ

available to a tenant of a frank marriage to regain land
lost by default.
dematerialized security. See uncertificated security
under SECURITY.
de me (dee mee). [Latin] Of me. This phrase appeared
in feudal grants to confirm that a superior lord's per
mission was not needed for the conveyance. This was
distinguished from a conveyance a me de superiore mea
("from me ofmy superior"), in which the estate is to be
held ofthe superior, and is invalid unless confirmed by
the superior. Cf. A ME.
demeanor. (iSc) Outward appearance or behaVior, such
as facial expressions, tone of voice, gestures, and the
hesitation or readiness to answer questions . In evalu
ating credibility, the jury consider the witness's
demeanor. [Cases: Witnesses
demeanor evidence. See EVIDENCE.
demease (di-meez), n. Hist. Death. See DEMISE.
de medietate linguae (dee mee-dee-d-tay-tee ling-gwee).
[Law Latin] Ofhalf-tongue . This term describes a
jury made up ofan equal number ofnatives and aliens.
Edward III originally provided for such a jury in com
mercial cases when one party was an alien. It was later
extended to criminal cases. Ifenough aliens could not
be found, trial proceeded with the available number.
de medio (dee mee-dee-oh), n. [Law Latin "of mesne"]
Hist. A writ against a mesne (i.e., middle) lord to protect
an undertenant from harassment by a paramount lord
for rent actually due from the mesne lord. Also
termed writ ofmesne.
de melioribus damnis (dee mee-Iee-or-;>-b;>s dam
nis). [Law Latin] Of the better damages . This term
describes a plaintiff's election ofthe defendant against
which to take judgment when the jury has mistak
enly awarded separate damages against two or more
defendants for a jOint tort. Under these circumstances,
the plaintiff could take a judgment against the defen
dant that had been assessed the greatest damages, and
then enter a nolle prosequi against the others. [Cases:
Judgment C=:)240, 256(4, 5).]
demembration (dee-mem-bray-shan), n. The cutting off
of a limb; dismemberment; mutilation.
demented, adj. Not of sound mind; insane.
dementenant en avant (da-men-t;>-nahnt on ;>-vahnt).
[Law French] From this time forward.
de mercatoribus (dee m;>r-k;>-tor-;>-b;>s), n. [Latin "of
merchants"] Hist. The title of two statutes enacted in
the lIth and 13th years ofthe reign of Edward I, provid
ing that the land ofa business debtor could be held by a
creditor as security until the debt was paid.
"But by the statute de mercatoribus ... the whole of a man's
lands was liable to be pledged in a statute merchant, for
a debt contracted in trade; though one half of them was
liable to be taken in execution for any other debt of the
owner." 1 William Blackstone, Commentaries on the Laws
ofEngland 161 (1765). demesne (di-mayn or di-meen), n. [French] (14c) l. At
common law, land held in one's own right, and not
through a superior; esp., land attached to a manor and
reserved for the court's own use. 2. Domain; realm.
Also spelled demain.
ancient demesne. Hist. A manor that was held by the
Crown at the time ofWilliam the Conqueror and was
recorded in the Domesday Book.
demesne as offee. Hist. Complete ownership ofsome
thing.
"But there is this distinction between the two species of
hereditaments: that, of a corporeal inheritance a man shall
be said to be seised in his demesne, as of fee; of an incor
poreal one, he shall only be said to be seised as of fee,
and not in his demesne. For, as incorporeal hereditaments
are in their nature collateral to, and issue out of, lands
and houses, their owner hath no property, dominicum,
or demesne, in the thing itself, but hath only something
derived out of it; resembling the servitutes, or services, of
the civil law." 2 William Blackstone, Commentaries on the
Laws of Eng/and 106 (1766).
demesne land. See LAND.
demesne land of the Crown. See Crown land under
LAND.
demesnial (di-may-nee-;>l or di-meen-ee-;>l), adj. Ofor
relating to a demesne.
demi (dem-ee), n. [French] Half; the half. The term is
most often a combining form, as in demi-sangue.
demidietas (dem-ee-dI-d-tas), n. [Law Latin] A half; a
moiety.
demilitarization. Int'llaw. The process by which a
country obligates itself not to station military forces
or to maintain military installations -in specified
areas or zones within its territory.
demilitarized zone. Int'llaw. A territorial area in a
country or between countries in which no military
forces or military installations are stationed or main
tained.
demimark. Hist. Half a mark; money equal to six shil
lings and eight pence, required to be tendered in a writ
ofright to force the demandant to prove seisin. Also
termed half-mark.
de minimis (d;> min-a-mis), adj. [Latin "of the least"]
(1952) l. Trifling; minimal. 2. (Of a fact or thing) so
insignificant that a court may overlook it in deciding
an issue or case. 3. DE MINIMIS NON CURAT LEX.
de minimis non curat lex (d;> min-d-mis non kyoor-at
leks). [Latin] The law does not concern itself with
trifles. Often shortened to de minimis.
de minimis test. Copyright. A judicial test for determin
ing whether a contributor to a joint work is an author tor
legal purposes, based on whether the joint effort itself
is an original expression that qualifies for copyright
protection . This test has been rejected in favor ofthe
copyrightability test by most courts that have addressed
the issue. Cf. COPYRIGHTABILlTY TEST. [Cases: Copy
rights and Intellectual Property ('.::::>41(3).]

497 demote
de minis (dee min-is), n. [Latin "of threats"] Hist. A writ
ordering a person to keep the peace when the person
has threatened another person with bodily harm or
property destruction.
deminutio (dee-mi-n[y]oo-shee-oh), n. [ff. Latin deminu
ere "taking away"] Roman law. A deprivation or loss .
The term appeared, for example, in the phrase capitis
deminutio "the loss of civil status." -Also spelled dimi
nutio. See CAPITIS DEMTNUTIO. Pl. deminutiones (dee
mi-n[y]oo-shee-oh-neez).
demi-sangue (dem-ee-sang). [Law French] Hist. Half
blood; blood on either the father's or the mother's
side. Also termed demy-sangue.
demise (di-mIZ), n. (15c) 1. The conveyance ofan estate
usu. for a term ofyears, a lease <the demise ofthe land
for one year>. 2. The instrument by which such a con
veyance is accomplished <the demise set forth the
terms of the transfer>. 3. The passing of property by
descent or bequest <a testator's demise of $100,000 to
charity>. 4. 'The death of a person or (figuratively) of
a thing <the corporation's untimely demise>. Abbr.
demo See DEATH. demise, vb.
demise of the Crown. The immediate, automatic
transfer of a kingdom to a successor upon a sover
eign's death or long absence from the throne.
"The king never dies. Henry, Edward. or George may die;
but the king survives them all. For immediately upon the
decease of the reigning prince in his natural capacity, his
kingship or imperial dignity, by act of law, without any ...
interval, is vested at once in his heir; who is, eo instanti,
king to all intents and purposes. And so tender is the law
of supposing even a possibility of his death, that his natural
dissolution is generally called his demise . .. an expression
which signifies merely a transfer of property; for ... when
we say the demise of the crown, we mean only that, in con
sequence of the disunion of the king's body natural from
his body politic, the kingdom is transferred or demised to
his successor; and so the royal dignity remains perpetual."
1 William Blackstone. Commentaries on the Laws ofEng/and
242 (1765).
joint demise. In an ejectment action, a demise made
by two or more persons in one declaration. [Cases:
Ejectment ~65.1
separate demise, In an ejectment action, a demise made
solely by the lessor.
several demise. (often pI.) Hist. In an ejectment action,
a list ofdemises by all people potentially owning the
property at issue, used to ensure that the plaintiff had
proved a lease from the person actually having title.
See EJECTMENT.
single demise. In an ejectment action, a declaration
containing one demise. See EJECTMENT. [Cases: Eject
ment<>65.]
demise charter. See bareboat charter under CHARTER
(8).
demise charterer. See bareboat charter under CHARTER
(8).
demised premises. See PREMISES. demisi (di-mI-Z1). [fro Latin demittere] I have demised,
This was the operative phrase in a lease.
demissio (di-mish-ee-oh), n. [fro Latin demittere "to
demise"] Hist. A lease or other transfer . In an eject
ment action, this term was used in the phrase ex demis
sione ("on the demise") to show that a nominal plaintiff
(a fictitious person) held an estate on a demise from the
real plaintiff.
de mittendo tenorem recordi (dee mi-ten-doh t;:l-nor-;:lm
ri-kor-dT), n. [Law Latin "of sending the tenor of a
record"] Hist. A writ to certify a record under seal.
demobilization. A dismissal of troops from active
service.
democracy, rl. Government by the people, either directly
or through representatives elected by the people. Cf.
REPUBLIC. -democratic, adj.
de moderata misericordia capienda (dee mod-;:l-ray-t;:l
miz-;:l-ri-kor-dee-;:l kap-ee-en-d;:l), rl. [Law Latin "for
taking a moderate amercement"] Hist. A writ ordering
a bailiff to take a moderate penalty from a party who
had been excessively penalized in a court not ofrecord.
 The writ was founded on Magna Carta.
de modo decimandi (dee moh-doh des-;:l-man-dI), n.
[Law Latin] Eccles. law. Of a mode of tithing. _ This
refers to any special kind of tithing by custom that is
different from the general law that usu. required the
tenth part ofan annual increase. For example, it could
mean a twelfth part of a quantity of hay rather than a
tenth part or a couple ofhens instead ofa normal tithing
ofeggs. -Also termed modus decimandi; modus.
de momenta in momentum (dee m;:l-men-toh in m;:l-men
t;:lm). [Latin] Scots law. From moment to moment.
The phrase appeared in reference to terms for counting.
For example, a minor's age was counted de momenta in
momentum until the last moment of21 years. The years
of prescription were also thus computed.
demonetization. A disuse ofa metal in coinage; a with
drawal of the value ofa metal as money <the demon
etization ofgold in the United States>.
demonstratio (dem-;:ln-stray-shee-oh), n. [fr. Latin
demonstrare "to show"] Roman law. 1. A description, as
infalsa demonstratio (a false description ofsomething
or someone in a will). 2. Under the formulary proce
dure, the statement of facts in a formula, forming the
basis of a claim. PI. demonstrationes (dem-;:ln-stray
shce-oh-neez). See FORMULA (1).
demonstrative bequest. See BEQUEST.
demonstrative devise. See DEVISE.
demonstrative evidence. See EVIDENCE.
demonstrative legacy. See LEGACY.
de morte antecessoris (dee mor-tee an-ti-ses-;:lr-is). [Law
Latin] Scots law. Concerning the death ofthe ancestor.
-The phrase occurs in the brieve of mortancestry,
equivalent to the English mort d 'ancestor.
demote, vb. To lower (usu. a person) in rank, position,
pay, or other status. See DEGRADATION (1).

498 de munere regia
de munere regio (dee myoo-ndr-d ree-jee-oh). [Law
Latin] Scots law. By royal gift . The phrase described
land held under feudal tenure.
demur (di-mdr), vb. (l7c) 1. To file a demurrer. See
DEMURRER. 2. To object to the legal sufficiency of a
claim alleged in a pleading without admitting or
denying the truth of the facts stated. [Cases: Pleading
(;::> 189.] 3. To object to the legal sufficiency ofa claim
alleged in a ple


(;::> 189.] 3. To object to the legal sufficiency ofa claim
alleged in a pleading while admitting the truth of the
facts stated. [Cases: Pleading (;::> 189,214.]
demurrable (di-mdr-d-bdl), adj. (1827) (Of a claim,
pleading, etc.) subject to a demurrer <a demurrable
pleading>. See DEMURRER.
demurrage (di-mdr-ij). (usu. pi.) Maritime law. 1. Liqui
dated damages owed by a charterer to a shipowner for
the charterer's failure to load or unload cargo by the
agreed time. [Cases: Shipping (;::> 170.]
contract demurrage. Demurrage paid by a vessel's
charterer if the time to load or unload the vessel at
port takes longer than that agreed on in the char
terer's contract with the shipowner. Cf. DISPATCH
MONEY.
'The contract may also provide that if ... the loading time
exceeds that fixed by the charter, the charterer will pay a
liquidated compensation termed 'contract demurrage.'''
Frank l. Maraist, Admiralty in a Nutshell 56 (2d ed. 1988).
noncontract demurrage. Demurrage not provided
by contract, but ordered by a court. -Also termed
damages for detention.
"After the ... days on contract demurrage have expired,
the charterer of course still remains liable for further delay,
but the liability now is one for noncontract demurrage,
which will be fixed by the court just as would any other
unliquidated claim for damages. Noncontract demurrage
may also be referred to as 'damages for detention.'" Grant
Gilmore & Charles l. BlackJr., The Law ofAdmiralty  48,
at 212 (2d ed. 1975).
2. A charge due for the late return ofocean containers
or other equipment.
demurrage lien. See LIEN.
demurrant (di-mdr-dnt). One who demurs; esp., a litigant
who files a demurrer.
demurrer (di-mdr-dr). [Law French demorer "to wait or
stay"] (l6c) A pleading stating that although the facts
alleged in a complaint may be true, they are insufficient
for the plaintiff to state a claim for relief and for the
defendant to frame an answer . In most jurisdictions,
such a pleading is now termed a motion to dismiss, but
demurrer is still used in a few states, including Cali
fornia, Nebraska, and Pennsylvania. Cf. DENIAL (1).
[Cases: Federal Civil Procedure (;::>658,1725; Pleading
(;::> 189, 193(5).]
'The word 'demurrer,' derived from the Latin demorari, or
the French demorrer, meaning to 'wait or stay,' imports that
the party demurring waits or stays in his proceedings in the
action until the judgment of the court is given whether he
is bound to answer to so insufficient a pleading. Each party
may demur to what he deems an insufficient pleading of
the other. The demurrer was general when it was to matter
of substance; it was special when it was made to matter
of form, and must specifically point out the defect." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil
Procedure 15 (2d ed. 1899).
demurrer ore tenus. An oral demurrer. See ORE
TENUS.
"The codes either expressly or by implication require all
pleadings to be in writing. To this proposition there is the
apparent exception that objections to the jurisdiction of
the court, or to the sufficiency of a pleading, that it does
not state a cause of action or defence, may be raised on
the trial by what is sometimes called a demurrer are tenus
(that is, orally, -by word of mouth)." Edwin E. Bryant, The
Law of Pleading Under the Codes of Civil Procedure 179
(2d ed. 1899).
general demurrer. See general exception (1) under
EXCEPTION (1).
parol demurrer. Hist. A suspension of proceedings
during the minority ofan infant.
speaking demurrer. (l8c) A demurrer that cannot be
sustained because it introduces new facts not con
tained in the complaint. [Cases: Pleading (;::>210.]
special demurrer. (17c) A demurrer that states grounds
for an objection and specifically identifies the nature
of the defect, such as that the pleading violates the
rules ofpleading or practice . Ifa pleading is defec
tive in form but not substance, the defect must be
pointed out by a special demurrer. [Cases: Pleading
(;::>206.]
demurrer book. Hist. A record of the demurrer issue
used by the court and counsel in argument.
demurrer to evidence. (17c) A party's objection or excep
tion that the evidence is legally insufficient to make a
case. Its effect, upon joinder in the demurrer by the
opposite party, is that the jury is discharged and the
demurrer is entered on record and decided by the court.
A demurrer to evidence admits the truth of all the
evidence and the legal deductions from that evidence.
[Cases: Criminal Law (;::>752; Trial (;::> 150.]
demurrer to interrogatories. (18c) The objection or
reason given by a witness for failing to answer an inter
rogatory.
demutualization, n. The process ofconverting a mutual
insurance company (which is owned by its policyhold
ers) to a stock insurance company (which is owned by
outside shareholders), usu. as a means ofincreasing the
insurer's capital by allowing the insurer to issue shares.
 About half the states have demutualization statutes
authorizing such a conversion. [Cases: Insurance (;::>
1160.] -demutualize, vb.
demy-sangue. See DEMI-SANGUE.
den and strond (den an[d] strond). Hist. Permission for
a ship to run aground or strand itself.
denarius (di-nair-ee-ds), n. [Law Latin "penny"] 1.
Roman law. The principal silver coin used by the
Romans. 2. Hist. An English penny; a pence. 3. (pl.)
Slang. Money in general. PI. denarii. -Also termed
(in senses 1 & 3) denier.
denarius Dei (di-nair-ee-ds dee-I), n. [Law Latin "God's
penny"] Hist. Earnest money exchanged by contracting

499
parties, so called because the money was originally
given either to the church or to the poor . The denarius
Dei was not part of the consideration. Also termed
argentum dei. See ARRA.
denationalization. 1. lnt'llaw. The unilateral act of a
country in depriving a person of nationality, whether
by administrative decision or by operation of law.
Strictly, the term does not cover a person's renuncia
tion ofcitizenship. 2. The act ofreturning government
ownership and control of an industry or function to
private ownership and control. Cf. PRIVATIZATION.
[Cases: Aliens, Immigration, and Citizenship
729.] -denationalize, vb.
de nativo habendo (dee na-tI-voh ha-ben-doh), n. [Law
Latin "about a serf to be held"] Hist. A writ directing a
sheriff to apprehend and return a runaway serf to the
serf's lord . A trial on the writ would determine the
lord's ownership status.
de natura brevium (dee m-tyoor-a bree-vee-a). [Latin]
Concerning the nature ofwrits. This was a common
title oftextbooks on English medieval law.
denaturalization. The process by which a government
deprives a naturalized citizen ofall rights, duties, and
protections of citizenship. See 8 USCA  1451. denat
uralize, vb.
denelage. See DANELAW.
denial, n. (l6c) 1. A refusal or rejection; esp., a court's
refusal to grant a request presented in a motion or
petition <denial of the motion for summary judgment>.
2. A defendant's response controverting the facts that a
plaintiff has alleged in a complaint; a repudiation <the
worker filed a denial alleging that physical contact
never occurred>. Cf. DEMURRER. [Cases: Federal Civil
Procedure (;=741; Pleading
conjunctive denial. (1860) A response that controverts
all the material facts alleged in a complaint.
disjunctive denial. (1920) A response that controverts
the truthfulness oftwo or more factual allegations of
a complaint in the alternative.
general denial. (16c) A response that puts in issue all
the material assertions ofa complaint or petition.
Also termed general plea. Federal Civil Pro
cedure (;=742; Pleading
qualified general denial. (1844) A general denial ofall
the allegations except the allegations that the pleader
expressly admits.
"The qualified general denial most frequently is used
when a limited number of allegations in the complaint
are to be admitted. This form of denial also is employed
when defendant cannot expressly deny an averment in
his opponent's pleading and therefore cannot submit a
general denial, although defendant wants to put plaintiff
to his proof on that averment by interposing a denial of
knowledge or information sufficient to form a belief or a
denial on information and belief." 5 Charles Alan Wright
&Arthur Miller, Federal Practice and Procedure  1266, at
405 (2d ed. 1990).
specific denial. (1850) A separate response applicable
to one or more particular allegations in a complaint. de non alienando sine consensu superiorum
[Cases: Federal Civil Procedure ~742; Pleading C:=:;;
124.]
3. A refusal or rejection <denial of an employment
application>. 4. A deprivation or withholding <denial
ofdue process>. -deny, vb.
denial ofjustice. Int'llaw. A defect in a country's organi
zation ofcourts or administration ofjustice, resulting
in the country's violating its international legal duties
to protect aliens. - A denial of justice is a wrongful
act under international law. -Also termed justitia
denegata; deni de justice; refus de justice.
denial-of-service attack. A malicious strike against
a computer, website, network, server, or database
deSigned to render it inaccessible, usu. byoverwhelm
ing it with activity or by forcing it to malfunction.
Also termed nuke. Abbr. DoS attack.
distributed denial-ol-service attack. A denial-of-ser
vice attack carried out by distributing a virus that
causes infected computers to try to access the target
computer at the same time. -Abbr. DDoS attack.
denier, n. 1. (da-nyay) [French fro Latin denarius]
DENARIUS (1). 2. DENARIUS (3). 3. (di-nI-ar). [Law
French] Hist. Denial; refusal, as in refusal to pay rent
when demanded.
Denier aDieu (da-nyay ah dyuu or dyoo). [French
"God's money"] French law. Earnest money exchanged
by contracting parties. See DENARIUS DEI.
denization (den-a-zay-shan). The act of making a person
a denizen. See DENIZEN. -Also termed indenization.
denize (den-Iz or di-nIz), vb. To make (a person) a
denizen. See DENIZEN.
denizen (den-a-zan).(15c) 1. A person given certain
rights in a foreign nation or living habitually in a
foreign nation. 2. English law. A person whose status
is midway between being an alien and a natural-born
or naturalized subject.
Denman's Act. Hist. l. The (English) Evidence Act of
1843, providing that no person offered as a witness can
be excluded because of incapacity due to a past crime
or an interest in the proceedings. -Also termed Lord
Denman's Act. 2. The (English) Criminal Procedure
Act of 1865 that allowed defense counsel to sum up
evidence as allowed in a civil trial, to prove contradic
tory statements made by an adverse witness, to prove a
previous criminal conviction ofan adverse witness, and
to compare samples ofdisputed handwriting. -Also
termed Mr. Denman's Act.
denomination. (I5c) 1. An act ofnaming. 2. A collective
designation, esp. ofa religiOUS sect.
de non alienando (dee non ay-lee-a-nan-doh). [Law
Latin] Scots law. For not alienating. _ The phrase was
used to restrict the transfer ofproperty.
de non alienando sine consensu superiorum (dee non
ay-lee-a-nan-doh SI-nee kan-sen-s[y]oo s[y]oo-peer
ee-or-am). [Law Latin] Scots law. Concerning the
nonalienation of the lands without the consent ofthe

superior. The phrase was frequently present in a
charter to a vassal.
de non contrahendo debito (dee non kon-tr<l-hen-doh
deb-i-toh). [Law Latin] Scots law. Against the contrac
tion ofdebt. The phrase was inserted in an entail to
prevent the heir from incurring debt.
de non decimando (dee non des-<l-man-doh), n. [Law
Latin "of not paying tithes"] Eccles. law. A claim for
release from paying a tithe. Also termed modus de
non decimando.
"A prescription de non decimando is a claim to be entirely
discharged of tithes, and to pay no compensation in lieu of
them..Thus the king by his prerogative is discharged from
all t


to pay no compensation in lieu of
them..Thus the king by his prerogative is discharged from
all tithes. So a vicar shall pay no tithes to the rector, nor the
rector to the vicar .... But these privileges are persona!
to both the king and the clergy; for their tenant or lessee
shall pay tithes .... And from this original have sprung all
the lands, which, being in lay hands, do at present claim
to be tithefree: for, if a man can show his lands to have
been such abbey lands, and also immemorially discharged
of tithes ... this is now a good prescription, de non deci
mando. But he must show both these requisites for abbey
lands, without a special ground of discharge, are not dis
charged of course; neither will any prescription de non
decimando avail in total discharge of tithes, unless it relates
to such abbey lands." 2 William Blackstone, Commentaries
on the Laws of Eng/and 31-32 (1766).
de non procedendo ad assisam (dee non proh-sa-den
doh ad <I-SI-Z<lm), n. [Law Latin "of not proceeding to
take an assize"] Hist. A writ ordering justices not to
hold an assize in a particular case.
de non residentia clerici regis (dee non rez-a-den-shee-<I
kler-<l-SI ree-jis), n. [Law Latin "ofthe nonresidence of
a parson employed in royal service"] Hist. A writ to
excuse a parson from nonresidence because the parson
is busy serving the Crown. See NONRESIDENCE (1).
de non sane memorie (dee non sayn mem-a-ree). [Law
French] Ofunsound memory; ofunsound mind. See
MIND AND MEMORY; NON COMPOS MENTIS.
denotative fact. See FACT.
denounce, vb. (l3c) 1. To condemn openly, esp. publicly.
2. To declare (an act or thing) to be a crime and pre
scribe a punishment for it. 3. To accuse or inform
against. 4. To give formal notice to a foreign country
ofthe termination of (a treaty).
denouncement. 1. An act ofaccusation or condemna
tion <denouncement of a thief>. 2. A declaration ofa
threatened action <denouncement ofwar> <denounce
ment ofa treaty>. 3. An application for a grant to work
a mine that is either newly discovered or forfeited <the
denouncement was granted> . Historically, denounce
ments were also granted under Spanish-American law.
4. Archaic. A formal announcement; a declaration <a
denouncement ofa doctrine>. -Also termed denun
ciation. -denunciatory, denunciative, adj.
de novi operis nuntiatione. See NOVI OPERIS NUNTIA
TIO.
de novo (di noh-voh or dee), adj. (1536) Anew.
hearing de novo. See HEARING.
trial de novo. See TRIAL. venire facias de novo (v~-nI-ree fay-shee-<ls dee noh
voh). See VENIRE FACIAS.
de novo damus (di noh-vah day-mas). [Law Latin "we give
anew"] Scots law. The novodamus clause in a renewal of
a gift or previous charter. See NOVODAMUS.
de novo judicial review. See JUDICIAL REVIEW.
de novo review. 1. See appeal de novo under APPEAL. 2.
See de novo judicial review under JUDICIAL REVIEW.
density zoning. See cluster zoning under ZONING.
denumeration. (l8c) An act of making a present
payment.
denunciation. See DENOUNCEMENT.
denuntiatio (di-nan-shee-ay-shee-oh), n. [Latin] 1.
Roman & civil law. A declaration intended to protect
or set in motion the enforcement ofthe declarer's right;
esp., a report ofa crime. 2. Hist. A summons; a public
notice. 3. Scots law. The Crown's public denunciation of
a debtor as a rebel and an outlaw when the debtor has
disobeyed an order to pay. PL denuntiationes.
denuntiatio belli (di-nan-shee-ay-shee-oh bel-I). [Latin
"declaration ofwar"). A declaration ofwar. See declara
tion of war under DECLARATION (3).
deny the appeal. See AFFIRM (1).
deodand (dee-d-dand). Hist. Something (such as an
animal) that has done wrong and must therefore be
forfeited to the Crown. _ Deodand was abolished in
1846.
"In the oldest records, we see no attempt to distinguish
the cases in which the dead man was negligent from those
in which no fault could be imputed to him, and the large
number of deodands collected in every eyre suggests that
many horses and boats bore the guilt which should have
been ascribed to beer. A drunken carter is crushed beneath
the wheels of his cart; the cart, the cask of wine that was
in it and the oxen that were drawing it are all deodand.
Bracton apparently thought it an abuse to condemn as
deodand a thing that had not moved: he would distinguish
between the horse which throws a man and the horse off
which a man stupidly tumbles, between the tree that falls
and the tree against which a man is thrown. We do not see
these distinctions in the practice of the courts." 2 Frederick
Pollock & Frederic William Maitland, History ofEnglish Law
Before the Time of Edward 1474 n.4 (2d ed. 1899).
"[WJhen in 1716 the coroner's jury of Yarmouth declared a
stack of timber which had fallen on a child to be forfeited
as a deodand, it was ransomed for 30s., which was paid
over to the child's father." J.W. Cecil Turner, Kenny's Outlines
ofCriminal Law 7 (16th ed. 1952).
de odio et atia (dee oh-dee-oh et ay-shee-a), n. [Law
Latin "of hatred and malice"] Hist. A writ ordering
a sheriff to summon a 12-member jury to inquire
whether a prisoner jailed for murder was charged for
a good reason or only because ofill-will and to deter
mine whether bail should be set. Ifthe prisoner was
accused out of spite or had committed the crime in
self-defense, then another writ called tradas in ballim
would have been issued ordering the sheriffto release
the prisoner on bail if the sheriffcould find 12 good
citizens of the county to vouch for the prisoner. This
writ, similar to habeas corpus, was first mentioned in
Magna Carta. -Also termed breve de bono et malo.

501 Department of Housing and Urban Development
de onerando pro rata portione (dee on-;:l-ran-doh proh
ray-t;:l por-shee-oh-nee), n, [Law Latin "of charging
according to a ratable proportion"] Hist, A writ for a
joint tenant or cotenant who is distrained for more rent
than is proportionately required,
deontology. The philosophy of ethics, rights, and duties
as a matter of natural law . Moral rights in one's one
intellectual property are often considered deontological
issues. -deontologkal, adj.
de pace et legalitate tenenda (dee pay-see et la-gal-a-tay
tee t;:l-nen-d<l). [Latin] Hist. A writ for keeping the peace
and adherence to the laws (or good behavior). -Also
termed depace et legaNtate tuenda.
de pace et plagis (dee pay-see et play-jis), n. [Law Latin
"of breach of peace and wounds"] Hist. A type of
criminal appeal used in cases of assault, wounding,
and breach ofthe peace.
de pace et roberia (dee pay-see et roh-beer-ee-<l), n. [Law
Latin "of breach ofpeace and robbery") Hist. A type of
criminal appeal used in cases of robbery and breach
ofthe peace.
de parco fracto (dee pahr-koh frak-toh), n. [Law Latin
"of pound breach"] Hist. A writ against someone, esp.
an owner, who breaks into a pound to rescue animals
that have been legally distrained and impounded.
"And, being thus in the custody of the law, the taking them
back by force is looked upon as an atrocious injury, and
denominated a rescous, for which the distreinor has a
remedy in damages, either by writ of rescous, in case they
were going to the pound, or by writ de parco fracto, or
poundbreach, in case they were actually impounded." 3
William Blackstone, Commentaries on the Laws ofEng/and
146 (1768).
de partitione facienda (dee pahr-tish-ee-oh-nee fay
shee-en-d<l), n. [Law Latin] Hist. A writ to partition
lands or tenements.
department, n. (l8c) L A division of a greater whole;
a subdivision <a legal department>. 2. A country's
division ofterritory, usu. for governmental and admin
istrative purposes, as in the division of a state into
counties <France has regional departments similar to
states>. 3. A principal branch or division of govern
ment <legislative department>; speci., a division of the
executive branch of the U.S. government, headed by a
secretary who is a member of the President's cabinet
<Department of Labor>. [Cases: United States
30.) departmental, adj.
Department of Agriculture. The cabinet-level depart
ment ofthe federal government responsible for improv
ing farm income, developing foreign markets for U.S.
farm products, conducting agricultural research, and
inspecting and grading food products . Created in
1862, it is headed by the Secretary of Agriculture. -
Abbr. USDA. [Cases: Agriculture Cr':::>2.]
Department of Commerce. The cabinet -level depart
ment of the federal government responsible for pro
moting the nation's international trade, economic
growth, and technical advancement . Designated as
a department in 1913, it is headed by the Secretary of Commerce. -Abbr. DOC. [Cases: United States
33.]
Department of Defense. See DEFENSE DEPARTMENT.
Department ofDefense Dependents Schools. A unit in
the U.S. Department ofDefense responsible for operat
ing schools from kindergarten through grade 12 for the
dependents of military and civilian personnel stationed
overseas. -Abbr. DoDDS.
Department ofEducation. The cabinet-level department
ofthe federal government responsible for advising the
President on federal education policy, and adminis
tering and coordinating most federal programs of
assistance to education . Headed by the Secretary
of Education, the Department includes the Office of
Bilingual Education and Minority Languages Affairs
(OBEMLA), the Office of Educational Research and
Improvement (OERI), the Office of Elementary and
Secondary Education (OESE), the Office of Post sec
ondary Education (OPE), the Office of Special Educa
tion and Rehabilitative Services (OSERS), the Office of
Student Financial (OSF), the Office of Vocational and
Adult Education (OVAE), and ten regional offices. -
Abbr. DOE. [Cases: Schools
Department of Energy. The cabinet-level department
of the federal government responsible for advising the
President on energy policies, plans, and programs, and
for providing leadership in achieving efficient energy
use, diversity in energy sources, and improved environ
mental quality . Headed by the Secretary ofEnergy, it
oversees a comprehensive national energy plan, includ
ing the research, development, and demonstration of
energy technology; energy conservation; the nuclear
weapons program; and pricing and allocation. Abbr.
DOE. [Cases: United States C=>33.)
Department of Health and Human Services. The cabi
net-level department of the federal government respon
sible for matters ofhealth, welfare, and income security.
 Itwas originally established by Reorganization Plan
No.1 of 1953 under the title Department of Health,
Education, and Welfare, The Department is headed by
the Secretary of Health and Human Services. Abbr.
HHS. [Cases: Social Security and Public Welfare
5.)
Department of Homeland Security. '{he cabinet-level
department ofthe federal government responsible for
ensuring security within the U.S. borders and in its
territories and possessions . The Department has five
major divisions: Border and Transportation Security,
Emergency Preparedness and Response, Science and
Technology, Information Analysis and Infrastruc
ture, and Management. Itwas established in 2002 and
began operating in 2003. Abbr. DHS. [Cases: War
and National Emergency
Department ofHousing and Urban Development. The
cabinet-level department of the federal government
responsible for overseeing programs that are con
cerned with hOUSing needs and fair-housing oppor
tunities, and with improving and developing the

502 department of human services
nation's communities . It was established in 1965 bv
the Department of Housing and Urban Developmen't
Act. 42 USCA  3532-37. It is headed by the Secretary
of Housing and Urban Development. -Abbr. HUD.
[Cases: United States C:=>82(3).J
department of human services. See DEPARTMENT OF
PUBLIC WELFARE. -Abbr. DHS.
Department of Justice. The federal executive division
that is responsible for federal law enforcement and
related programs and services. The U.S. Attorney
General heads this department, which has separate
divisions for prosecuting cases under federal antitrust
laws, tax laws, environmental laws, and criminal laws.
The department also has a civil division that represents
the U.S. government in cases involving tort claims and
commercial litigation. -Abbr. DOJ. [Cases: Attorney
General C:=>2.J
Department of Labor. The cabinet-level department of
the federal government responsible for promoting the
welfare of wage earners and for improving working con
ditions and opportun


of
the federal government responsible for promoting the
welfare of wage earners and for improving working con
ditions and opportunities for profitable employment.
 Headed by the Secretary of Labor, it was created in
1913.29 USCA  551. -Abbr. DOL. [Cases: Labor and
Employment (',::;:>62.]
department of public welfare. A state-government
agency that administers public-assistance programs
of all types, such as food stamps and hOUSing vouchers.
 In many communities, this department is now called
the Department of Human Services or Department
of Social Services. Abbr. DPW. [Cases: Labor and
Employment (>;)62.]
Department ofSocial Services. See CHILD PROTECTIVE
SERVICES. -Abbr. DSS.
Department of State. The cabinet-level department of
the federal government responsible for advising the
President in formulating and executing foreign policy.
 Headed by the Secretary of State, the Department
negotiates treaties and other agreements with foreign
nations; speaks for the United States before the United
Nations and other international organizations; and rep
resents the United States at international conferences.
Itwas established in 1789 as the Department of Foreign
Affairs and was renamed the Department ofState later
the same year. 22 USCA 2651-2728. Foreign affairs
are handled through six bureaus: African Affairs,
European Affairs, East Asian and Pacific Affairs,
Near East Affairs, South Asian Affairs, and Western
Hemisphere Affairs. Also termed State Department.
(Cases: United States
Department of the Interior. The cabinet-level depart
ment of the federal government responsible for
managing the nation's public lands and minerals,
national parks, national wildlife refuges, and western
water resources, and for upholding federal trust respon
sibilities to Indian tribes. -The Department also has
responsibility for migratory-wildlife conservation;
historical preservation; endangered species; surface
mined-lands preservation and restoration; mapping; and geological, hydrological, and biological science. It
was created in 1849 and reorganized in 1950. Headed
by the Secretary of the Interior, it administers several
agencies, including the Bureau of Land Management,
the Bureau ofIndian Affairs, the U.S. Fish and Wildlife
Service, and the U.S. Geological Survey. -Also termed
Interior Department. [Cases: Public Lands C:=>94.]
Department ofthe Navy. See NAVY DEPARTMENT.
Department ofthe Treasury. The cabinet-level depart
ment of the federal government responsible for rec
ommending tax and fiscal policies, collecting taxes,
disbursing U.S. government funds, enforcing tax laws,
and manufacturing coins and currency . Created by
Congress in 1789, it is headed by the Secretary of the
Treasury. Also termed Treasury Department. [Cases:
United States
Department of Transportation. The federal executive
division responsible for programs and policies concern
ing transportation . Through a series of specialized
al'\<;l1\".lI;;~, this department oversees aviation, highways,
railroads, mass transit, the U.S. merchant marine, and
other programs. -Abbr. DOT.
Department of Veterans Affairs. The cabinet-level
department of the federal government responsible for
operating programs that benefit veterans of military
service and their families. It is headed by the Sec
retary of Veterans Affairs. -Abbr. VA. -Formerly
termed Veterans Administration. [Cases: Armed
Services C:=> 102.]
departure, n. (I5c) 1. A deviation or divergence from a
standard rule, regulation, measurement, or course of
conduct <an impermissible departure from sentencing
guidelines>.
downward departure. (1982) In the federal sentencing
guidelines, a court's imposition of a sentence more
lenient than the standard guidelines propose, as when
the court concludes that a criminal's history is less
serious than it appears. [Cases: Sentencing and Pun
ishment C=>850.]
forbidden departure. (1996) An impermissible devia
tion from the federal sentencing guidelines based on
race, sex, national origin, creed, religion, or socio
economic status. [Cases: Sentencing and Punishment
C:=>804.J
lateral departure. (1993) In the federal sentencing
guidelines, a sentence allowing a defendant to avoid
incarceration through community or home confine
ment. -Also termed lateral sentencing. [Cases: Sen
tencing and Punishment C:=>800-B02.]
upward departure. (I982) In the federal sentencing
guidelines, a court's imposition ofa sentence harsher
than the standard guidelines propose, as when the
court concludes that a criminal's history did not take
into account additional offenses commUted the
prisoner. (Cases: Sentencing and Punishment
814.]

503
2. A variance between a pleading and a later pleading or
proof <the departure between the plaintiff's pleadings
and the actual evidence was significant>. 3. A party's
desertion of the ground (either legal or factual) taken
in the immediately preceding pleading and resort to
another ground <the defendant's departure from the
asserted alibi necessitated a guilty plea>. -depart,
vb.
departure in despite ofcourt. Hist. A failure ofa defen
dant (called a tenant) in a real action to appear on
demand. A tenant, having once appeared in a real
action, was considered to be constructively present
until again called. So if the tenant failed to appear
when demanded, the tenant was said to have departed
in despite (in contempt) ofcourt.
depefage (dep-;)-sahzh). [French "dismemberment"] A
court's application of different state laws to different
issues in a legal dispute; choice oflaw on an issue-by
issue basis.
depeculation (dee-pek-y;t-Iay-sh;m). Hist. Embezzlement
from the public treasury. Cf. PECULATION. -depecu
late, vb.
dependency. (16c) 1. A land or territory geographically
distinct from the country governing it, but belonging
to the country and governed by its laws . The Philip
pines was formerly a dependency of the United States.
Cf. COMMONWEALTH (2); TERRITORY (1). 2. A relation
ship between two persons or things whereby one is sus
tained by the other or relies on the other for support
or necessities.
dependency court. See COURT.
dependency exemption. See EXEMPTION.
dependency hearing. See shelter hearing under
HEARING.
dependent, n. (16c) 1. One who relies on another for
support; one not able to exist or sustain oneself without
the power or aid of someone else.
lawful dependent. (1908) 1. One who receives an
allowance or benefits from the public, such as social
security. [Cases: Social Security and Public Welfare
(;::::>4.10.] 2. One who qualifies to receive a benefit
from private funds as determined by the laws gov
erning the distribution.
legal dependent. (1909) A person who is dependent
according to the law; a person who derives principal
support from another and usu. may invoke laws to
enforce that support.
partial dependent. Workers' compensation. A person
whose partial reliance on an employee covered under
workers'-compensation law for support entitles him
or her to receive death benefits if the employee is
killed on the job. [Cases: Workers' Compensation
<:;=:>414,415.]
2. Tax. A person, such as a child or parent, for whom
a taxpayer may be able to claim a personal exemption
ifthe taxpayer provides more than half ofthe person's
support during the taxable year.  Besides support, de plegiis acquietandis
other criteria must be met as welL IRC (26 USCA)
 152.[Cases: Internal Revenue <:;=:>3294; Taxation
3519.] -dependent, adj.
dependent child. See CHILD.
dependent claim. See PATENT CLAIM.
dependent condition. See CONDITION {2}.
dependent contract. See CONTRACT.
dependent covenant. See COVENANT (1).
dependent coverage. See COVERAGE.
dependent intervening cause. A cause of an accident or
injury that occurs between the defendant's behavior
and the injurious result, but that does not change the
defendant's liability. See intervening cause under CAUSE
(1). [Cases: Criminal Law Negligence
dependent promise. See PROMISE.
dependent relative revocation. (1855) A common-law
doctrine that operates to undo an otherwise sufficient
revocation of a will when there is evidence that the tes
tator's revocation was conditional rather than absolute.
 Typically, the doctrine applies when a testator has
phYSically revoked the will and believes that a new will
is valid, although this belief is mistaken. The doctrine
undoes only the revocation; it does not always accom
plish the testator's intent or validate an otherwise
invalid wilL -Also termed dependent-relative-revo
cation doctrine; conditional revocation; mistakenly
induced revocation; ineffective revocation; doctrine of
ineffective revocation. [Cases: Wills (;:=,167-195.]
dependent state. See nonsovereign state under STATE.
de perambulatione facienda (dee p<l-ram-by;t-Iay-shee
oh-nee fay-shee-en-d<l), n. [Law Latin "for making per
ambulation"] Hist. A writ ordering the sheriff to go with
12 knights of the county to settle a boundary dispute
by walking about to determine the proper boundary
between adjacent towns or lordships.
de placito (dee plas-;t-toh), n. [Law Latin] Of a plea .
These words were used in a declaration describing the
particular action being brought, as in de placito debit
("of a plea of debt").
de plagis et mahemio (dee play-jis et m;t-hee-mee-oh),
n. [Law Latin "of wounds and mayhem"] Hist. A type
of criminal appeal used in cases of wounding and
maiming.
de plano (dee play-noh). [Latin "from ground level"]
1. Roman law. Informally; in a summary manner. _
The praetor would administer justice de plano when
he stood on the same level with the parties instead of
sitting on an elevated bench. 2. His!. Clearly; mani
festly, as in de bigamis. See DE BIGAMIS. 3. Hist. By col
lusion. 4. Scots law. Forthwith.
de plegiis acquietandis (dee plee-jee-is ;>-kwl-<l-tan-dis),
n. [Law Latin "for acquitting or releasing pledges"] Hist.
A writ ordering repayment to a surety by a principal
who had failed to make a required payment that the
surety then had to cover.

504 depletable economic interest
depletable economic interest. A mineral-land interest
subject to depletion by the removal (by drilling or
mining) of the mineral that is the subject of the
interest.
depletion, n. (l7c) An emptying, exhausting, or wasting
of an asset, esp. of a finite natural resource such as
oil. -deplete, vb. -depletive, a~i.
depletion allowance. See ALLOWANCE (3).
depletion reserve. Accounting. A charge to income
reflecting the decrease in the value of a wasting asset,
such as an oil reserve.
depone (di-pohn), vb. Scots law. To testify. See DEPOSE.
de ponendo sigillum ad exceptionem (dee pa-nen-doh
si-jil-am ad ek-sep-shee-oh-nam), n. [Law Latin "for
putting a seal to an exception"] Hist. A writ directing
justices ofassize to preserve exceptions taken by a party
in a case.
deponent (di-poh-nant), n. (l6c) 1. One who testifies by
deposition. 2. A witness who gives written testimony
for later use in court; AFFIANT. -depone, vb.
depopulatio agrorum (dee-pop-yoo-Iay-shee-oh
a-gror-am), n. [Law Latin "depopulating the county"]
Hist. The crime of destroying or ravaging a country.
 A person could not claim the benefit of clergy for
this crime.
depopulation. 1. A substantial reduction in population.
2. Hist. A species of waste by which the kingdom's pop
ulation was diminished. See DEPOPULATIO AGRORUM.
deportable, adj. (Of an alien) subject to removal from a
country after an illegal entry.
deportable alien. See ALIEN.
deportatio (dee-por-tay-shee-oh), n. [fr. Latin depor
tare "to carry away"] Roman law. Permanent exile of a
condemned criminal involving loss ofcitizenship and,
usu., forfeiture ofall property. Cf. RELEGATIO.
"Deportatio. Perpetual banishment ofa person condemned
for a crime. It was the severest form of banishment since
it included additional penalties. such as seizure of the
whole property. loss of Roman citizenship, confinement
to a definite place. Under the Principate it replaced the
former interdictio aqua et igni. The emperor could grant
the deportee full amnesty, which restored him to his former
rights (postliminium). Places of deportatiowere islands (in
insu/am) near the Italian shore or an oasis in the Libyan
desert." Adolf Berger, Encyclopedic Dictionary ofRoman
Law 432 (1953).
deportation (dee-por-tay-sh,m), n. The act or an instance
of removing a person to another country; esp., the
expulsion or transfer ofan alien from a country. [Cases:
Aliens, Immigration, and Citizenship (;::=>210-292.]
deport, vb.
depose (di-pohz), vb. (14c) l. To examine (a witness) in
a deposition <the defendant's attorney will depose the
plaintiff on Tuesday>. [Cases


) in
a deposition <the defendant's attorney will depose the
plaintiff on Tuesday>. [Cases: Federal Civil Procedure
(>1311-1456; Pretrial Procedure ~~91-227.]2. To
testify; to bear witness <the affiant deposes and states
that he is at least 18 years old>. 3. To remove from office or from a position of power; dethrone <rebels sought
to depose the dictator>.
deposit, n. (17c) 1. The act of giving money or other
property to another who promises to preserve it or
to use it and return it in kind; esp., the act of placing
money in a bank for safety and convenience. [Cases:
Banks and Banking 119-155.] 2. The money or
property so given.
demand deposit. A bank deposit that the depositor
may withdraw at any time without prior notice to
the bank.
direct deposit. 1he payment of money by transferring
the payment directly into the payee's bank account,
usu. by electronic transfer.
frozen deposit. A bank deposit that cannot be with
drawn, as when the financial institution is insolvent
or an account is restricted.
general deposit. 1. A bank deposit of money that is
commingled with other depositors' money. 2. A bank
deposit that is to the depositor's credit, thus giving
the depositor a right to the money and creating a
debtor-creditor relationship between the bank and
the depositor . A bank is not required to return
the actual money deposited as a general deposit, as
it must with a special deposit; the bank need return
only an equivalent sum. [Cases: Banks and Banking
(>75-80,119.]
special deposit. A bank deposit that is made for a
specific purpose, that is kept separately, and that is
to be returned to the depositor . The bank serves
as a bailee or trustee for a special deposit. -Also
termed deposit. [Cases: Banks and Banking
time deposit. A bank deposit that is to remain for a
specified period or for which notice must be given
to the bank before withdrawal. Also termed term
deposit.
3. Money placed with a person as earnest money or
security for the performance of a contract.  The money
will be forfeited if the depositor fails to perform.
Also termed security deposit. 4. Copyright. The placing
of two copies of a published work with the Library of
Congress within three months of publication . This
requirement is independent of copyright registration.
[Cases: Copyrights and Intellectual Property C='50.1O.]
5. Civil law. A contract by which a depositor delivers a
thing to a depositary for safekeeping. La. Civ. Code arts.
2926, 2929 . A deposit may be either an onerous or a
gratuitous contract. -Also termed depositum; naked
deposit; gratuitous deposit. See gratuitous bailment
under BAILMENT. [Cases: Bailment
involuntary deposit. A deposit made by accidentally
leaving or placing personal property in another's pos
session. See involuntary bailment under BAILMENT.
necessary deposit. A bailment, usu. made by reason
of emergency or other necessity, that prevents the
depositor from freely choosing the depositary . A

505
necessary deposit occurs, for example, when a person
entrusts goods to a stranger during a fire.
quasi-deposit. An involuntary deposit made when one
party lawfully possesses property merely by finding
it.
voluntary deposit. A deposit made by the mutual
consent of the bailor and bailee.
6. Patents. The placing ofa sample of microorganisms
or cell lines with the U.S. Patent and Trademark Office
to satisfy the enablement requirement. -The practice is
not statutory but has been established by regulation and
caselaw. 37 CFR  1.801-809. -Also termed enable
ment by deposit. [Cases: Patents C::> 100.]
deposit account. See ACCOUNT.
depositary. (17c) 1. A person or institution that one
leaves money or valuables with for safekeeping <a
title-insurance officer is the depositary of the funds>.
-When a depositary is a company, it is often termed a
safe-deposit company. Cf. DEPOSITORY. [Cases: Deposits
and Escrows (;::.C:O I3 ; Warehousemen (;::.:>39.J 2. A gra
tuitous bailee. See DEPOSIT (5). [Cases: Bailment (;::.:>
2.]
depositary bank. See BANK.
deposit box. See SAFE-DEPOSIT BOX.
deposit company. See COMPANY.
deposit contract. See CONTRACT.
deposit in court. 1he placing of money or other property
that represents a person's potential liability in the
court's temporary custody, pending the outcome of a
lawsuit. Also termed deposit into the registry ofthe
court. [Cases: Deposits in Court
deposit insurance. See INSURANCE.
deposit into the registry of the court. See DEPOSIT IN
COURT.
. deposition (dep-a-zish-.m). (14c) 1. A witness's out-of
court testimony that is reduced to writing (usu. by a
court reporter) for later use in court or for discovery
purposes. See Fed. R. Civ. P. 30; Fed. R. Crim. P. 15.
Also termed examination before trial. [Cases: Criminal
Law ~-::>627.2; Federal Civil Procedure <:::=) 1311-1456;
Pretrial Procedure C-~91-206.12. The session at which
such testimony is recorded.
apex deposition. (1992) The deposition of a person
whose position is at the highest level of a company's
hierarchy. -Courts often preclude an apex deposi
tion unless (1) the person to be deposed has particular
knowledge regarding the claim, and (2) the request
ing party cannot obtain the requested and discov
erable information through less intrusive means.
[Cases: Federal Civil Procedure 1325; Pretrial
Procedure (;::.:> 1Ol.]
deposition de bene esse (dee bee-nee es-ee also day
ben-ayes-ay). (i8c) A deposition taken from a witness
who will likely be unable to attend a scheduled trial
or hearing. -Ifthe witness is not available to attend
trial, the testimony is read at trial as if the witness depository institution
were present in court. See testimony de bene esse
under TESTIMONY. [Cases: Federal Civil Procedure
(;::.:> 1291-1299, 1311-1456; Pretrial Procedure
61-65.J
deposition on written questions. (1970) A deposition
given in response to a prepared set of written ques
tions, as opposed to a typical oral deposition. See Fed.
R. Civ. P. 31. Formerly also termed deposition on
written interrogatories. [Cases: Federal Civil Proce
dure 1369; Pretrial Procedure
"The advantage of a deposition on written questions is
that counsel for the parties need not go to some distant
place to be present at the taking of the deposition. Instead
they serve on each other questions and cross questions ~
and even redirect and recross questions that they wish
to have put to the deponent. These are then sent to the
officer who is to take the deposition. The officer puts the
questions to the witness, records the answers, and tran
scribes and files the deposition as with an oral deposition.
The officer is merely to record what the witness says in
response to the various questions propounded to him or
her." Charles Alan Wright, The Law ofFederal Courts  85,
at 618-19 (5th ed. 1994).
oral deposition. (1910) A deposition given in response
to oral questioning by a lawyer. [Cases: Federal Civil
Procedure 1381; Pretrial Procedure
30(b)(6) deposition. (1979) Under the Federal Rules of
Civil Procedure, the deposition of an organization,
through the organization's designated representa
tive. _ Under Rule 30(b)(6), a party may take the
deposition of an organization, such as a corporation.
The notice of deposition (or subpoena) may name
the organization and may specify the matters to be
covered in the deposition. The organization must then
deSignate a person to testify about those matters on its
behalf. Fed. R. Civ. P. 30(b)(6). Most states authorize a
similar procedure under state-court procedural rules.
[Cases: Federal Civil Procedure (;::.:> 1325.J
3. 1he written record of a witness's out-of-court testi
mony. 4. Eccles. law. The involuntary release of a clergy
man from the exercise of his office. Cf. DEGRADATION
(1); DEPRIVATION (4).
deposition on written interrogatories. See deposition
on written questions under DEPOSITION.
deposition SUbpoena. See SUBPOENA.
deposition subpoena duces tecum. See subpoena duces
tecum under SUBPOENA.
deposit of title deeds. A pledge of real property as
security for a loan, by placing with the lender, as
pledgee, the title-deed to the land.
depositor, n. One who makes a deposit. See DEPOSIT.
depository (di-poz-d-tor-ee), n. (17c) A place where one
leaves money or valuables for safekeeping <the grade
school's depository for used books>. Cf. DEPOSITARY.
depository bond. See BOND (2).
depository institution. 1. An organization formed
under state or federal law, authorized by law to
receive deposits, and supervised and examined by a
government agency for the protection of depositors.

506 depository-transfer check
[Cases: Banks and Banking 232-235, 505.]
2. A trust company or other institution authorized
by law to exercise fiduciary powers similar to those
of a national bank. -The term does not include an
insurance company, a Morris Plan bank, an industrial
loan company, or similar bank unless its deposits are
insured by a federal agency. [Cases: Banks and Banking
depository-transfer check. See CHECK.
Depository Trust Corporation. The principal central
clearing agency for securities transactions on the public
markets. Abbr. DTC.
deposit premium. The initial premium paid by an
insured pending the final premium adjustment.
deposit ratio. The ratio oftotal deposits to total capital.
deposit slip. A bank's written acknowledgment of an
amount received on a certain date from a depositor.
[Cases: Banks and Banking ~ 121.1
depositum (di-poz-i-tam), n. Roman law. The gratuitous
deposit of goods for the benefit ofthe depositor.  The
depositee was liable only for dolus. See DOLUS. Cf. gra
tuitous bailment under BAILMENT; DEPOSIT (5).
deposit warrant. See WARRANT (2).
de post disseisina (dee pohst dis-see-zin-a), n. [Law Latin
"of past disseisin"] Hist. A writ for recovery ofland by
a person who had previously recovered the land from
a disseisor by a praecipe quod reddat or on a default
or reddition, but who was again disseised by the same
disseisor.
de praerogativa regis (dee pri-rog-a-tI-va ree-jis). See
PRAEROGATIVA REGIS.
de praesenti (dee pri-zen-tI). [Law Latin] Hist. At
present; of the present. - A consent to marriage de
praesenti constitutes marriage in itself. -Also spelled
de presenti. Cf. DE FUTURO.
depraved, adj. (14c) 1. (Of a person or crime) corrupt;
perverted. 2. (Of a crime) heinous; morally horren
dous. depravity, n.
depraved-heart murder. See MURDER.
depraved-indifference murder. See depraved-heart
murder under MURDER.
depredable life. See USEFUL LIFE.
depredation (di-pree-shee-ay-shan), n. (1862) A decline
in an asset's value because of use, wear, obsolescence, or
age. Cf. APPRECIATION; AMORTIZATION (2). -depreci
ate, vb. depreciable, adj.
accelerated depreciation. Depreciation recorded using
a method that writes off the cost of an asset more
rapidly than the straight-line method.
accumulated depreciation. (1916) The total deprecia
tion currently recorded on an asset.  On the balance
sheet, an asset's total cost less accumulated deprecia
tion reflects the asset's book value. -Also termed
accrued depreciation. annual depreciation. (1862) The yearly decrease in a
property's value due to regular wear and tear.
economic depreciation. A reduction in the value of
an asset due to a shortening of the asset's economic
life.
functional depreciation. (1910) Depreciation that
results from the replacement of equipment that is
not yet worn out but that is obsolete in light of new
technology or improved methodology allowing more
efficient and satisfactory production.
depredation method. (1915) A set formula used in
estimating an asset's use, wear, or obsolescence over
the asset's useful life or some portion thereof . This
method is useful in calculating the allowable annual
tax deduction for depreciation. See USEFUL LIFE. [Cases;
Internal Revenue C:=3470-3505; Taxation ~3516.]
accelerated depreciation method. (1964) A depre
ciation method that yields larger deductions in the
earlier years of an asset's life and smaller deductions
in the later years.
annuity depreciation method. A depreciation method


an asset's life and smaller deductions
in the later years.
annuity depreciation method. A depreciation method
that allows for a return of imputed interest on the
undepreciated balance of an asset's value. _ The
imputed interest is subtracted from the current depre
ciation amount before it is credited to the accumu
lated depreciation accounts.
declining-balance depreciation method. (1947) A
method of computing the annual depreciation
allowance by multiplying the asset's undepreciated
cost each year by a uniform rate that may not exceed
double the straight-line rate or 150 percent.
double-declining depreciation method. (1996) A depre
ciation method that spreads over time the initial cost
of a capital asset by deducting in each period twice
the percentage recognized by the straight-line method
and applying that double percentage to the undepreci
ated balance existing at the start of each period.
replacement-cost depreciation method. A deprecia
tion method that fixes an asset's value by the price
of its substitute.
sinking-fund depreciation method. A depreciation
method that accounts for the time value ofmoney by
setting up a depreciation-reserve account that earns
interest, resulting in a gradual yearly increase in the
depreciation deduction.
straight-line depreciation method. (1930) A depre
ciation method that writes off the cost or other basis
of the asset by deducting the expected salvage value
from the initial cost ofthe capital asset, and dividing
the difference by the asset's estimated useful life.
sum-of-the-years'-digits depreciation method. A
method of calculating the annual depreciation
allowance by multiplying the depreciable cost basis
(cost minus salvage value) by a constantly decreas
ing fraction, which is represented by the remain
ing years of useful life at the beginning of each year
divided by the total number of years of useful life at

the time of acquisition. Sometimes shortened to
SYDmethod.
unit depreciation method. A depreciation method
directly related to the productivity of the asset -that
divides the asset's value by the estimated total number
of units to be produced, and then multiplies the unit
cost by the number ofunits sold during the year, rep
resenting the depreciation expense for the year.
units-oj-output depreciation method. A method by
which the cost of a depreciable asset, minus salvage
value, is allocated to the accounting periods benefited
based on output (as miles, hours, number of times
used, an'd the like).
depreciation reserve. An account built up to offset the
depreciation of property because of time and use, so
that at the end ofthe property's service there is enough
money to replace the property. lCases: Electricity C=o
11.3(3); Gas C'=' 14.4(9); Public Utilities 127.]
depredation. (ISc) The act ofplundering; pillaging.
de presenti. See DE PRAESENTI.
depression. (I8c) A period of economic stress that
persists over an extended period, accompanied by
poor business conditions and high unemployment.
Cf. RECESSION.
deprivation. (15c) 1. An act oftaking away <deprivation
of property>. 2. A withholding of something <depriva
tion offood>. 3. The state ofbeing without something;
wanting <sleep deprivation>. 4. A removal or degrada
tion from office, esp. an ecclesiastical office <depriva
tion ofthe bishop>. Cf. DEPOSITION (4); DEGRADATION
(1).
deprived child. See CHILD.
Deprizio doctrine. (1990) Bankruptcy. The rule that a
debtor's payment to an outside creditor more than 90
days before a bankruptcy filing is voidable as a prefer
ential transfer if the payment also benefits an inside
creditor. Levit v, Ingersoll Rand Fin. Corp. (In re v.N.
Deprizio Constr. Co.), 874 F.2d 1186 (7th Cir. 1989).
[Cases: Bankruptcy (::::)2608(2).]
de procedendo ad judicium (dee proh-s~-den-doh ad
joo-dish-ee-~m), n. [Law Latin "for proceeding in an
assise"] Hist. A chancery writ ordering a lower court to
proceed to judgment in a case that had been wrongfully
stayed. -Ifthe lower-court justices refused, they could
be punished for contempt.
de proprietate probanda (dee pr~-prI-<l-tay-tee pr~
ban-d<l), n. [Law Latin "for proving property"] Hist. A
writ ordering a sheriff to investigate the ownership of
distrained goods claimed by a defendant in a replevin
action.
"If therefore the distreinor claims any such property,
the party replevying must sue out a writ de proprietate
probanda, in which the sheriff is to try, by an inquest,
in whom the property previous to the distress subsisted.
And if it be found to be in the distreinor, the sheriff can
proceed no farther: but must return the claim of property
to the court of king's bench or common pleas, to be there
farther prosecuted, if thought advisable, and there finally determined." 3 William Blackstone, Commentaries on the
Laws of England 148 (1768).
depnblished opinion. See OPINION (I),
depute, n. Scots law. A person appointed to act in an
official capacity or as another official's representative.
deputy, n. (ISc) A person appointed or delegated to act
as a substitute for another, esp. for an official. [Cases:
Officers and Public Employees C=o47.] -deputize,
depute, vb.
courtroom deputy. The deputy clerk aSSigned to a
particular courtroom or a particular judge. [Cases:
Courts
general deputy. 1. A deputy appointed to act in another
officer's place and execute all ordinary functions of
the office. [Cases: Officers and Public Employees
47.] 2. See deputy sheriff under SHERIFF.
special deputy. A deputy specially appointed to serve a
particular purpose, such as keeping the peace during
a riot.
deputy sheriff. See SHERIFF.
DEQ. abbr. DELIVERED EX QUAY.
de quarantina habenda (dee kwahr-<ln-tI-m h<l-ben-d<l),
n. [Law Latin "of return of quarantine"] Hist. A writ
ordering a sheriff to give a widow possession of part
of her husband's estate, after she had been wrongfully
ejected but before dower is aSSigned. See QUARANTINE
(4).
de quo (dee kwoh). [Latin] Ofwhich. -These were formal
words used in a writ of entry, as in a writ of entry "in
the quo" or "in the quibus." Also termed de quibus.
deraign, n. Archaic. The process ofproving, vindicating,
or maintaining a legal right. -Historically, a deraign
commonly took the form of a duel or trial by combat.
Also termed deraignment.
deraign, vb. Archaic. 1. To prove, justify, vindicate, or
settle (a right or claim). 2. To dispute or contest. 3. Hist.
To settle (a dispute) by battle or duel.
deraignment. See DERAIGN, n.
de raptu virginum (dee rap-t[y]oo v3r-j<l-n<lm), n. [Latin
"of the ravishment of virgins"] Hist. A writ for taking
an appeal in a rape case.
de rationabilibus divisis (dee rash-<ln-<l-bil-i-b~s di-VI
sis), n. [Law Latin "of the fixing of reasonable bound
aries") Hist. A writ to settle the boundaries between
property owners of different towns when one owner
claimed a trespass by the other.
de rationabili parte bonorum (dee rash-[ee]-~-nay-b~-lI
pahr-tee bo:l-nor-<lm), n. [Law Latin "of reasonable share
of goods"] Hist. A writ allowing the wife and children
of a dead man to recover a reasonable share of his goods
from his executors after his debts were paid. _ This writ
was usu. founded on custom rather than the general
law.
de recenti (dee ri-sen-tr). [Law Latin] Scots law. Recently.
-1he term adds weight to a statement that is made or

508 de recorda etprocessu mittendis
an event (such as an arrest) that occurs soon after an
incident. In a theft case, for example, the presumption
of guilt was greater when the suspect was identified
soon after the theft occurred.
de recorda etprocessu mittendis (dee ri-kor-doh et proh
ses-[y]oo mi-ten-dis), n. [Law Latin "ofthe sending of
the record and process ofa cause to a superior court"]
A type ofwrit oferror.
derecho de autor. See AUTHOR'S RIGHT.
de recto (dee rek-toh), n. [Law Latin] A writ of right
to recover both the seisin and the property. -Also
termed breve de recto. See WRIT OF COURSE.
de recto de advocatione (dee rek-toh dee ad-va-kay-shee
oh-nee), n. [Law Latin "of the right ofadvowson"] Hist.
A writ restoring a person's right to present a clerk to a
benefice when that right had been interfered with . It
was abolished by St. 3 & 4 Will. 4, ch. 27.
de recto de rationabili parte (dee rek-toh dee rash-[ee]
a-nay-ba-h pahr-tee), n. [Law Latin "of right of rea
sonable part"] Hist. A writ allowing one coparcener
or blood relative owning land in fee simple to obtain a
rightful share from the other. It was abolished by St.
3 & 4 Will. 4, ch. 27.
de rectopatens (dee rek-toh pay-tenz), n. [Law Latin "of
right patent"] Hist. The highest writ ofright under the
law given to an owner in tee simple to recover the pos
session and use ofland from the freehold tenant.
Also termed breve magnum de recto.
de redisseisina (dee ree-dis-see-zin-a), n. [Law Latin "of
redisseisin"] Hist. Awrit for recovery ofland or rent by
a person who had previously recovered the land or rent
by an assize ofnovel disseisin, but who was again dis
seised bv the same disseisor.  'Ibis writ is similar to de
post dis;eisina. See DE POST DISSEISINA; DISSEISIN.
deregistration, n. The point at which an issuer's registra
tion under section 12 ofthe Securities Exchange Act of
1934 is no longer required because of a decline in the
number of holders of the issuer's securities. 15 USCA
 781. Deregistration is triggered when the number of
holders falls below a certain number or when required
by an administrative order. Cf. DELISTING. [Cases:
Securities Regulation 035.22.] deregister, vb.
deregulation, n. (1963) The reduction or elimination of
governmental control ofbusiness, esp. to permit free
markets and competition. deregulate, vb.
financial deregulation. The lessening ofgovernmental
oversight and intervention in the business of finan
cial institutions . Among other effects, regulation
of financial contracts is relaxed and competition for
depositors and borrowers increases.
deregulation clause. Oil & gas. A gas-contract provi
sion specifying how the price ofgas will be calculated
and what the buyer's and seller's obligations will be if
regulated natural gas becomes deregulated.
de rei gestae veritate (dee ree-I jes-tee ver-i-tay-tee).
[Law Latin] Scots law. Ofthe truth ofthe thing done.
 A witness to a deed that had been lost could testify to the deed's existence and to the truthfulness of the
statements contained in it.
derelict (der-a-likt), adj. (17c) 1. Forsaken; abandoned;
cast away <derelict property>. See quasi-derelict under
DERELICT. 2. Lacking a sense ofduty; in breach ofa
legal or moral obligation <the managers were derelict
in their duties>. 3. Dilapidated; run-down.
derelict, n. (17c) 1. Personal property abandoned or
thrown away by the owner with no intent to claim it any
longer, such as a ship deserted at sea. [Cases: Salvage
04.]
quasi-derelict. A ship that has been deserted or aban
doned temporarily or involuntarily, as when the crew
is dead or otherwise incapable ofnavigating the ship.
[Cases; Salvage 04.]
2. Land uncovered by water receding from its former
bed. [Cases: Navigable Waters C~c:44; Waters and Water
Courses ('=93.] 3. A street person or vagrant; a hobo.
dereliction (der-<l-lik-shan), n. (16c) 1. The forsaking of
a legal or moral obligation with no intent to reassume
it; abandonment <dereliction ofduty>.
dereliction in the performance ofduties. Military
law. Willful or negligent failure to perform assigned
duties; culpable inefficiency in performing assigned
duties. [Cases: Military Justice 0687.]
2. An increase ofland caused by the receding ofa sea,
river, or stream from its usual watermark. See RELIC
TION. [Cases: Navigable Waters 044; Waters and
Water Courses C=-~93.]
derelict-official act. A statute that mandates forfeiture
ofoffice ifthe holder willfully neglects or fraudulently
fails to perform official duties. [Cases; Officers and
Public Employees
de reparatione facienda (dee rep-<l-ray-shee-oh-nee
shee-en-d<l).


e facienda (dee rep-<l-ray-shee-oh-nee
shee-en-d<l). Hist. 1. An action brought by a joint tenant
to compel a cotenant to contribute to the repair of
jointly held property. 2. A writ issued in such an action.
 The writ had to issue before repairs were undertaken.
There was no remedy after repairs began.
de replegiore de averiis. See DE AVERIIS REPLEGIANDIS.
de rescussu (dee ri-sk;ls-[y]oo), n. [Law Latin "of rescue"]
Hist. A writ available when cattle were distrained or
persons were arrested, and then rescued.
de retorno habendo (dee ri-tor-noh ha-ben-doh). [Law
Latin] for having a return. This term applied to (1)
a judgment for a defendant in a replevin action, (2) a
writ ofexecution for a detendant awarded judgment in
a replevin action, and (3) a surety provided by a plaintiff
at the beginning ofa replevin action.
d.e.r.i.c. abbr. DE EA RE ITA CENSUERE.
de rien culpable (da reen k;ll-pa-bal). [Law French]
Guilty ofnothing; not guilty.
derivation clause. A deed-of-trust provision that
provides information about the transfer ofa property,
esp. the source of the title, such as the name of the

previous grantor and the recording date ofthe deed.
See deed oftrust under DEED.
derivative, adj. Copyright. Of, relating to, or constitut
ing a work that is taken from, translated from, adapted
from, or in some way further develops a previous work.
 Copyright protection includes the exclusive right in
derivative works, such as a screenplay adapted from a
book, or a variant musical arrangement. [Cases: Copy
rights and Intellectual Property C=> 12(3).]
derivative, n. 1. A financial instrument whose value
depends on or is derived from the performance ofa sec
ondary source such as an underlying bond, currency,
or commddity. -Also termed derivative instrument;
derivative security.
"Derivatives transactions may be based on the value of
foreign currency, U.S. Treasury bonds, stock indexes, or
interest rates. The values of these underlying financial
instruments are determined by market forces, such as
movements in interest rates. Within the broad panoply of
derivatives transactions are numerous innovative finan
cial instruments whose objectives may include a hedge
against market risks, management of assets and liabilities,
or lowering of funding costs; derivatives may also be used
as speculation for profit." Procter & Gamble Co. v. Bankers
Trust Co., [1996-1997 Transfer Binder] Fed. Sec. L. Rep.
(CCH) ~ 99,229, at 95,238 (S.D. Ohio 1996).
2. See derivative work under WORK (2).
derivative acquisition. See ACQUISITION.
derivative action. (18c) 1. A suit by a beneficiary of a
fiduciary to enforce a right belonging to the fiduciary;
esp., a suit asserted by a shareholder on the corpora
tion's behalf against a third party (usu. a corporate
officer) because of the corporation's failure to take
some action against the third party. See Fed. R. Civ.
P. 23.1. -Also termed derivative suit; shareholder
derivative suit; stockholder derivative suit; representa
tive action. Cf. DIRECT ACTION (3). [Cases: Corpora
tions C=>207.5.] 2. A lawsuit arising from an injury to
another person, such as a husband's action for loss of
consortium arising from an injury to his wife caused
by a third person.
derivative contraband. See CONTRABAND.
derivative conveyance. See secondary conveyance under
CONVEYANCE.
derivative deed. See secondary conveyance under CON
VEYANCE.
derivative defense. See DEFENSE (1).
derivative entrapment. See ENTRAPMENT.
derivative estate. See ESTATE (1).
derivative evidence. See EVIDENCE.
derivative instrument. See DERIVATIVE (1).
derivative-jurisdiction doctrine. (1964) The principle
that a case is not properly removable unless it is within
the subject-matter jurisdiction ofthe state court from
which it is removed.
derivative lease. See SUBLEASE.
derivative liability. See LIABILITY. derivative market. See MARKET.
derivative possession. See POSSESSION.
derivative power. See POWER (3).
derivative security. See DERIVATIVE (1).
derivative settlement. See SETTLEMENT (2).
derivative suit. See DERIVATIVE ACTION (1).
derivative title. See TITLE (2).
derivative-use immunity. See use immunity under
IMMUNITY (3).
derivative work. See WORK (2).
derived demand. See DEMAND (4).
derogation (der-;l-gay-sh;m), n. (15c) 1. The partial repeal
or abrogation ofa law by a later act that limits its scope
or impairs its utility and force <statutes in derogation
of the common law>. [Cases: Statutes C=>237, 239.] 2.
Disparagement; depreciation in value or estimation
<some argue that the derogation of family values has
caused an increase in crime>. 3. Detraction, prejudice,
or destruction (of a grant or right) <an attorney may
be punished for derogation from professional integ
rity>. -derogate (der-;l-gayt), vb.
derogation clause. Int'llaw. A reservation in a treaty
allowing a signator to refuse to comply with certain
provisions. For example, a signator may be allowed
to suspend some or all of its treaty obligations during
a war or other national emergency. Ifa treaty lacks an
express derogation clause, then general principles gov
erning suspension or termination oftreaties govern.
derogation from grant. A provision in an instrument
oftransfer (such as a deed) that diminishes, avoids, or
otherwise limits the grant itself.
derogatory clause. (16c) 1. A statutory or contractual
provision proclaiming that the document in which it
appears, or a part ofthe document, cannot be repealed
or amended. Such provisions are considered ineffec
tive.
'The one thing a sovereign legislature cannot do is truncate
its own sovereignty by restricting its successors. A parlia
ment sovereign today must also be sovereign tomorrow.
What is technically called a clausula derogatoria is there
fore ineffective: non impedit clausula derogatoria quo
minus ab eadem potestate res dissolvantur a qua constitu
untur (a derogatory clause does not prevent things from
being dissolved by the same power which created them)."
F.A.R. Bennion, Statutory Interpretation  140, at 313 (3d
ed.1997).
2. A clause that a testator inserts secretly in a will, con
taining a provision that any later will not having that
precise clause is invalid. A derogatory clause seeks to
protect against a later will extorted by undue influence,
duress, or violence. -Also termed clausula derogativa;
clausula derogatoria.
DES. abbr. DELIVERED EX SHIP.
de salva gardia (dee sal-v;l gahr-dee-;l), n. [Law Latin
"of safeguard"] A writ issued to protect strangers from
harm while pursuing their legal rights in England.

de salvo conductu (dee sal-voh kdn-dak-t[y]oo). [Law
Latin "of safe conduct"] A writ of safe conduct.
de sa vie (dd sa vee). [Law French) Of one's own life, as
distinguished from pur autre vie ("for another's life").
descend, vb. To pass (a decedent's property) by intestate
succession.
descendant (di-sen-ddnt), rl. (17c) One who follows in
the bloodline of an ancestor, either lineally or collater
ally. Examples are children and grandchildren. Cf.
ASCENDANT. [Cases: Descent and Distribution
25.] -descendant, adj.
collater,!l descendant. Loosely, a blood relative who is
not strictly a descendant, such as a niece or nephew.
[Cases: Descent and Distribution
lineal descendant. A blood relative in the direct line of
descent.  Children, grandchildren, and great-grand
children are lineal descendants. [Cases: Descent and
Distribution (;:=>25.]
descendibility offuture interests. (1936) The legal pos
sibility that a future interest (such as a remainder or an
executory interest) can legally pass by inheritance.
descendible, adj. (15e) (Of property) capable of passing
by descent or being inherited. See HERITABLE.
descent, n. (15c) 1. The acquisition of real property by
law, as by inheritance; the passing of intestate real
property to heirs. See SUCCESSION (2). Cf. DISTRIBU
TION (1); PURCHASE (2). [Cases: Descent and Distribu
tion (;:=>1-19.)2. The fact or process of originating from
a common ancestor. Cf. ASCENT. descend, vb.
collateral descent. Descent in a collateral or oblique
line, from brother to brother or cousin to cousin.
 With collateral descent, the donor and donee are
related through a common ancestor. Cf. collateral
descendant under DESCENDANT. [Cases: Descent and
Distribution
direct-line descent. See lineal descent.
immediate descent. 1. A descent directly to an heir, as
from a grandmother to granddaughter, brought about
by the earlier death of the mother. [Cases: Descent
and Distribution 2. A direct descent without
an intervening link in consanguinity, as from mother
to daughter.
lineal descent. Descent in a direct or straight line, as
from father or grandfather to son or grandson.
Also termed direct-line descent. [Cases: Descent and
Distribution (;:=>25.]
maternal-line descent. Descent between two persons,
traced through the mother of the younger.
mediate descent. 1. A descent not occurring immedi
ately, as when a granddaughter receives land from her
grandmother, which first passed to the mother. 2. A
direct descent occurring through a link in consan
guinity, as when a granddaughter receives land from
her grandfather directly.
"The law categorizes descents as either lineal or collat
eral, and as mediate or immediate. The term mediate or
immediate descent may denote eIther the passing of the estate, or the relationship between the intestate and the
heir. The classification of descents as mediate or immedi
ate describes the proximity of the descent, while the char
acterization as lineal or collateral refers to the direction
of the descent." 23 Am. Jur. 2d, Descent and Distribution
 49, at 787-88 (1983).
paternal-line descent. Descent between two persons,
traced through the father ofthe younger.
descent and distribution. 1. See intestate succession
under SUCCESSION (2). 2. Broadly, the rules by which a
decedent's property is passed, whether by intestate suc
cession or by will. See DISTRIBUTION. [Cases: Descent
and Distribution
descent cast. Hist. The devolution ofrealty that has been
acquired by disseisin, abatement, or intrusion, upon an
heir whose ancestor died intestate . This tolled the real
owner's right of entry until the owner brought a legal
action. Also termed descent that tolls entry.
description. (14c) 1. A delineation or explanation of
something by an account setting forth the subject's
characteristics or qualities <description of a patent
able process>. 2. A representation by words or drawing
of something seen or heard or otherwise experienced
<description of the criminal> <description of the
accident>. 3. An enumeration or specific identifica
tion of something <description ofitems in the estate>.
4. LEGAL DESCRIPTION. 5. Patents. In a U.S. patent
application, the section that (1) comprehensively char
acterizes the invention in language that is clear and
complete enough to enable anyone of ordinary skill
in the relevant art to make and use the invention; (2)
explains the best mode for using the invention; and (3)
usu. includes an explanation of drawings that are part
of the application . Ihe detailed description typically
makes up the largest portion of the application's speci
fication. -Also termed (in sense 5) enabling disclosure;
written description. [Cases: Patents (;:=>99.]
descriptio personae (di-skrip-shee-oh pdr-sob-nee). [Law
Latin] Description of the person . This phrase, typi
cally used to identify or describe a person in a contract
or deed, is not essential to a document's validity. Cf.
DESIGNATIO PERSONAE.
descriptive comparative law. See COMPARATIVE LAW.
descriptive mark. See descriptive trademark under
TRADEMARK.
descriptive trademark. See TRADEMARK.
descriptive word. Trademarks. A term that portrays
a general characteristic or function of a product or
service. A descriptive word may not be registered as
a trademark unless it has acquired secondary meaning
in the minds of consumers such that it is directly asso
ciated with one brand. [Cases: Trademarks (;:=> 1035.)
"A trader cannot appropriate to his exclusive use words or
symbols which (in the application he is to make of them)
are public property. The right of all to use descriptive
words in their ordinary and usual meaning must not be
restricted. No sign or form of words may be appropriated
as a trade-mark, for use in its primary meaning, which.
from the nature of the fact conveyed by that primary
meaning, others may employ with equal truth, and with

511
equal right, for the same purpose." Harry D. Nims, The Law
ofUnfair Competition and Trade-Marks 524 (1929).
de scutagio habendo (dee skyoo-


Competition and Trade-Marks 524 (1929).
de scutagio habendo (dee skyoo-tay-jee-oh ha-ben
doh), n. [Law Latin "for having scutage"] Hist. I. A writ
ordering a tenant-in-chiefby knight's service to serve
in a war, send a substitute, or pay a sum of money. 2.
A writ authorizing a lord who had served in the war or
paid the required fine, to recover the scutage from his
knights' fees. See SCUTAGE.
"Such a baron, having proved that he fulfilled his contract
or paid his fine, will have a royal writ de scutagio habendo,
whereby the sheriff will be ordered to cause him to have
the scutage due from his tenants. Still, before he can get
his scutage, he has to obtain something that the king is
apt to treat as a favour." 1 Frederick Pollock & Frederic W.
Maitland, The Historv of English Law Before the Time of
Edward 1270 (2d ed. 1898).
desecrate, vb. (17c) To divest (a thing) of its sacred char
acter; to defile or profane (a sacred thing).
de secta ad molendinum (dee sek-ta ad ma-Ien-di-nam),
n. [Law Latin "of suit at mill"] Hist. A writ forcing a
person to continue grinding corn at a particular mill,
as was customary, or to give a good reason why the
custom should not be continued.
"There are also other services, due by ancient custom and
prescription only. Such is that of doing suit to another's
mill: where the persons, resident in a particular place, by
usage time out of mind have been accustomed to grind
their corn at a certain mill; and afterwards any of them
go to another mill, and Withdraw their suit. . from the
ancient mill. This is not only a damage, but an injury, to the
owner .... And for this injury the owner shall have a writ
de secta ad molendinum commanding the defendant to do
his suit at that mill ... or show good cause to the contrary:
in which action the validity of the prescription may be tried,
and if it be found for the owner, he shall recover damages
against the defendant." 3 William Blackstone, Commentar
ies on the Laws ofEngland 234~3S (1768).
de secUs non faciendis (dee sek-tis non fay-shee-en
dis), 11. [Law Latin "of not doing services"] Hist. A writ
exempting a ward or dowress from performing certain
services.
desegregation, n. (1951) 1. The abrogation of policies that
separate people of different races into different insti
tutions and facilities (such as public schools). [Cases:
Schools 2. The state of having had such policies
abrogated. Cf. INTEGRATION (4). -desegregate, vb.
de seisin a habenda (dee see-zin-a ha-ben-da), n. [Law
Latin "of holding seisin"] Hist. A writ ordering the
sovereign to deliver seisin oflands and tenements to a
lord, after holding them for the allowed year and a day
because the lord's tenant committed a felony.
deserter. Int'llaw. A member of the armed forces who
leaves national military service with the intention of
reneging on military obligations either permanently
or for the duration of a military operation; a member
of the armed forces who illegally abandons a military
force, often by seeking refuge in a foreign territory or
by joining enemy forces. [Cases: Armed Services (;..-::
38; Military Justice C=>661.]
desertion, n. (l6c) The willful and unjustified abandon
ment of a person's duties or obligations, esp. to military designating petition
service or to a spouse or family . In family law, the
five elements of spousal desertion are (1) a cessation
ofcohabitation, (2) the lapse of a statutory period, (3)
an intention to abandon, (4) a lack ofconsent from the
abandoned spouse, and (5) a lack of spousal misconduct
that might justify the abandonment. Also termed
gross neglect ofduty. Cf. ABANDONMENT. [Cases: Armed
Services C=> 38; Divorce Military Justice
661.]-desert, vb.
constructive desertion. (1894) One spouse's misconduct
that forces the other spouse to leave the marital abode.
 The actions of the offending spouse must be serious
enough that the spouse who is forced from the home
finds the continuation of the marriage to be unen
durable or dangerous to his or her safety and well
being, and finds it necessary to seek safety outside the
marital domicile. Also termed constructive aban
donment. [Cases: Divorce 37(22).]
criminal desertion. (l8c) One spouse's willful failure
without just cause to provide for the care, protection,
or support of the other spouse who is in ill health or
needy circumstances. [Cases: Husband and Wife (;:::J
302,304.]
obstinate desertion. Desertion by a spouse who persis
tently refuses to return to the marital home, so that
the other spouse has grounds for divorce . Before the
advent of no-fault divorce, this term was commonly
used in divorce statutes. The term was often part of
the longer phrase willful, continued, and obstinate
desertion. lCases: Divorce C=37(15).]
willful, continued, and obstinate desertion. See obsti
nate desertion.
deserts. See JUST DESERTS.
design, n. (l6c) 1. A plan or scheme. 2. Purpose or inten
tion combined with a plan.
formed design. Criminal law. The deliberate and fixed
intention to kill, though not necessarily a particular
person. See PREMEDITATION. [Cases: Homicide
535.]
3. The pattern or configuration of elements in some
thing, such as a work of art. 4. Patents. The drawing
or the depiction ofan original plan for a novel pattern,
model, shape, or configuration that is chiefly decorative
or ornamental.  Ifit meets other criteria, a design may
also be protect able as a trademark. -design, vb.
design around, vb. Patents. To make something that
performs the same function or has the same physical
properties as (a patented product or process) but in a
way different enough from the original that it does not
infringe the patent. Cf. DOCTRINE OF EQUIVALENTS.
[Cases: Patents
designate, n. See DESIGNEE.
designated public forum. See PUBLIC FORUM.
designating petition. A document used to designate a
candidate for a political-party nomination at a primary
election or for election to a party position. [Cases: Elec
tions (;:::J126(1).]

designatio personae (dez-dg-nay-shee-oh pdr-soh I despotism (des-pd-tiz-am). (ISc) 1. A government by a
nee). [Law Latin] Designation of the person by class or
category rather than by name, as "the children of A."
 This phrase was used to specifically identify a person
in a contract or deed, often as a word oflimitation (e.g.,
"to my eldest son"). Cf. DESCRIPTIO PERSONAE.
design claim. See PATENT CLAIM.
design defect. See DEFECT.
design-defect exclusion. See EXCLUSION (3).
designedly, adv. (17c) Willfully; intentionally.
designee. A person who has been designated to perform
some duty or carry out some specific role. -Also
termed designate (dez-ig-ndt), n.
designer defense. See DEFENSE (1).
designer drug. See DRUG.
design patent. See PATENT (3).
design review. A process by which a building permit
is withheld until the proposed building meets the
architectural standards established by land-use reg
ulations. Also termed architectural review. [Cases:
Zoning and Planning ~431-446.]
design specification. See STATEMENT OF WORK.
design-specification contract. See build-to-print contract
under CONTRACT.
desist. To stop or leave off. See CEASE-AND-DESIST
ORDER.
desk audit. See AUDIT.
de solemnitate (dee sa-lem-ni-tay-tee). [Law Latin] Scots
law. As a solemnity . lhe phrase appeared in reference
to certain deed requirements essential to the deed's
validity. Cf. EX SOLEMNITATE.
de son tort(dd sawn [or son] tor[t]). [Law French "by his
own wrongdoing"] Wrongful.
executor de son tort. See EXECUTOR.
trustee de son tort. See TRUSTEE.
de son tort demesne (dd sawn tor[t] di-mayn). [Law
French] Of a person's own wrong. _ 'Ihis is the law
French equivalent of the Latin phrase de injuria. See
DE INJURIA.
desperate debt. See DEBT.
despitus (di-spH<ls or des-pi-tds). [Law Latin] 1.
Contempt. 2. A contemptible person.
despoil (di-spoil), vb. (l4c) To deprive (a person) ofpos
sessions illegally by violence or by clandestine means;
to rob. despoliation (di-spoh-lee-ay-shdn), despoil
ment, n.
desponsation (dee-spon-say-shdn). Archaic. The act of
betrothal; the act of contracting for marriage.
despot (deS-Pdt), n. 06c) 1. A ruler with absolute power
and authority. 2. A tyrant. despotic (di-spot-ik),
adj. ruler with absolute, unchecked power. 2. Total power
or controlling influence.
de statu defunctorum (dee stay-t[y]oo dee-fdngk
tor-am). [Law Latin) Scots law. Concerning the status
ofthe decedent.  Ihe phrase was often used to refer to
questions about the decedent's legitimacy.
de statuto mercatorio (dee std-tyoo-toh mdr-b-tor
ee-oh), n. [Law Latin "of statute merchant"] Rist. A writ
ordering the imprisonment ofsomeone who forfeits a
statute-merchant bond until the debt has been paid. See
STATUTE MERCHANT.
de statuto stapulae (dee std-tyoo-toh stay-pya-Iee), n.
[Law Latin "of statute staple"] Rist. A writ to seize the
property ofand imprison aperson who forfeits a staple
statute bond. See STATUTE STAPLE.
destination. 1. The predetermined end of a course, as
ofa voyage or package. 2. The act ofappointment, esp.
in a will; a designation. 3. Scots law. The nomination
of heirs esp. in a certain order -by law or under
a will.
'The series of heirs called to the succession of heritable or
moveable property, either by the provision of the law or by
the will of the proprietor, is, generally speaking, termed
a destination; but the term is usually applied, in a more
limited sense, to a nomination of successors in a certain
order, regulated by the will of the proprietor." William Bell,
Bell's Dictionarv and Digest of the Law ofScotland 320
(George Watson ed., 7th ed. 1890).
4. Scots law. The line ofsuccessors so appointed.
destination bill oflading. See BILL OF LADING.
destination contract. See CO~TRACT.
destination du pere de famille (des-tee-nah-syawn doo
pair dd fa-mee). [French" destination of the father of
the family"] 1. Civil law. The legal standing of the owner
of two estates that would be subject to a servitude if
they were not owned by the same person . When the
two estates cease to be owned by the same owner, a
servitude comes into existence if (1) the servitude is
apparent from external signs, such as a roadway or a
pipeline, or (2) the common owner recorded a declara
tion establishing the destination. La. eiv. Code art. 741.
2. Rist. A property use that the owner has intention
ally established on one part of the property in favor of
another part.
destinatione (des-ti-nay-shee-oh-nee). [Law Latin) Rist.
By destination or appointment ofan heir.  The phrase
appeared in reference to the process, made possible
through a destination clause, by which an heir was
appointed to a succession in a certain order. See DES
TINATION.
destitute (des-ti-t[y]oot), adj. (l4c) 1. Deprived; bereft.
2. Not possessing the necessaries oflife; lacking pos
sessions and resources; indigent.
destitutive fact. See divestitive fact under FACT.
destructibility, n. (lSc) The capability of being destroyed
by some action, turn of events, or operation oflaw.
destructible, adj.

513 de temps dont memorie ne court
destructibility of contingent remainders. (1918)
Property. 'The common-law doctrine requiring a future
interest to vest by the time it is to become possessory
or else be totally destroyed, the interest then reverting
to the grantor. -The doctrine could be avoided by the
use of trustees to preserve contingent remainders. This
doctrine has been abolished in all but a few American .
jurisdictions; the abolishing statutes are commonly
termed anti-destructibility statutes. Also termed
destructibility rule. [Cases: Remainders
'The destructibility rule still exists in its old common-law
form in Florida. Various authors have suggested that it also
exists unchanged in Arkansas, North Carolina, Oregon,
Pennsylliania, South Carolina, and Tennessee; but there
are no statutes or recent decisions to clarify the rule's
status in these states." Thomas F. Bergin & Paul G. Haskell,
Preface to Estates in Land and Future Interests 79 nA6 (2d
ed.1984).
destructible trust. See TRUST.
destruction. 1. 'llie act of destroying or demolishing;
the ruining of something. 2. Harm that substantially