a claim in a
patent application. 35 USCA  lO1. -Also termed
same-invention double patenting.
double plea. See PLEA (3).
double pleading. See DUPLICITY (2).
double possession. See POSSESSION.
double proof. See PROOF.
double-proxy marriage. See MARRIAGE (3).
double quarrel. See DlIPLEX QUERELA.
double recovery. See RECOVERY.
double rent. See RENT (1).
double standard. (1900) A set of principles permitting
greater opportunity or greater lenience for one class of
people than for another, usu. based on a difference such
as gender or race. See DISCRIMINATION. [Cases: Civil
Rights C=:o 1007, 1033(3).]
double taxation. See TAXATION.
double-taxation treaty. Int'llaw. An international agree
ment deSigned to ameliorate the legal and financial con
sequences to taxpayers who have income that is taxable
by two nations. [Cases: Internal Revenue C=:o4085.]

565 dower
double use. See USE (1).
double value. Twice the value of something; specif., a
penalty payable by a tenant to a landlord of twice the
yearly value oflands held by the tenant, who refused
to leave when the landlord provided written notice
of intent to possess the property. The penalty was
provided under the Landlord and Tenant Act (1730).
St. 4 Geo. 2. ch. 28, s. 1. [Cases: Landlord and Tenant
C=)216.]
double voucher. In a common-recovery suit, a voucher
first by the fictitious tenant to the real tenant, and then
by the real tenant to the common vouchee. -The use of
a fictitious tenant was necessary because ifthe recovery
had been obtained directly against the real tenant, it
would be effective only to the limited extent that the
real tenant actually possessed an interest in the estate.
But if recovery was obtained against another party, it
would be effective against any latent interest that the
real tenant might assert in the estate. See COMMON
RECOVERY.
"The recovery, here described, is with a single voucher only;
but sometimes it is with double. . or farther voucher,
as the exigency of the case may require. And indeed it is
now usual always to have a recovery with double voucher
at the least; by first conveying an estate of freehold to any
indifferent person, against whom the praecipe is brought;
and then he vouches the tenant in tail, who vouches over
the common vouchee. For, if a recovery be had immedi
ately against tenant in tail, it bars only such estate in the
premises of which he is then actually seised; whereas if the
recovery be had against another person, and the tenant in
tail be vouched, it bars every latent right and interest which
he may have in the lands recovered." 2 William Blackstone,
Commentaries on the Laws of England 359 (1766).
double waste. See WASTE (1).
double will. See mutual will under WILL.
doubt, reasonable. See REASONABLE DOUBT.
doubtful title. See TITLE (2).
.doubt the vote. See DIVIDE THE ASSEMBLY.
doulocracy. See DULOCRACY.
doun (doon or dohn), n. [Law French] A gift.
do ut des (doh at deez). [Latin "I give that you may give"]
Roman law. An innominate contract in which a party
gives something in exchange for something that the
other party is to give. See innominate contract under
CONTRACT.
do utfacias (doh at fay-shee-as). [Latin "I give that you
may do"] Roman law. An innominate contract in which
a person gives something to another person who is to
do or perform certain work. See innominate contract
and bilateral contract under CONTRACT.
dovetail seniority. The combination of seniority lists
from merging companies into one list that allows
employees to keep their premerger seniority.
Dow (dow). See DOW JONES INDUSTRIAL AVERAGE.
dowable (dow-a-bal), adj. 1. Capable of being endowed
<the widow received the dowable estate>. [Cases: Dower
and Curtesy C=>-1O.] 2. Capable ofreceiving dower <the woman was dowable ofthe estate>. [Cases: Dower and
Curtesy C=>21.]
dowager (dow-a-jar). A widow holding property or
title -esp. a life estate in real property received
from her deceased husband.
dowager-queen. The widow of the king of England.
Ifshe is also the mother of the reigning monarch, she
may also by known as the queen mother. Also written
dowager queen. -Also termed queen dowager; queen
mother.
"A queen dowager is the widow of the king, and as such
enjoys most of the privileges belonging to her as queen
consort. But it is not high treason to conspire her death;
or to violate her chastity ... because the succession to the
crown is not thereby endangered. Yet still, ... no man can
marry a queen dowager without special licence from the
king, on pain of forfeiting his lands and goods .... A queen
dowager, when married again to a subject, doth not lose
her regal dignity, as peeresses dowager do their peerage
when they marry commoners." 1 William Blackstone, Com
mentaries on the Laws ofEngland 217 (1765).
dower (dow-ar). (l4c) At common law, a wife's right,
upon her husband's death, to a life estate in one-third
ofthe land that he owned in fee. _ With few exceptions,
the wife could not be deprived ofdower by any transfer
made by her husband during his lifetime. Although
most states have abolished dower, many states retain
ing the concept have expanded the wife's share to a life
estate in all the land that her husband owned in fee.
Also termed dowment; maritagium. Cf. CURTESY.
[Cases: Dower and CurtesyC=>1-1l8.]
consummate dower (k<"ln-s;>m-it or kahn-s<}-mit). A
widow's interest in her deceased husband '$ estate until
that interest is legally assigned to her. -Also termed
dower consummate. [Cases: Dower and Curtesy
54.]
dower ad ostium ecclesiae (ad ahs-tee-<}m e-klee-z[h]
ee-ee), n. [Law Latin dower at the church door"] Rist.
An endowment ofdower made bv a man to his wife at
the church door or porch, usu. a;part ofthe marriage
ceremony.
"DOWER AD osnUM ECClESIAE  This appears to have been the
original English dower .... It was formerly the most usual
species of dower, and, though latterly fallen into disuse,
was not abolished until the statute of 3 & 4 Will. IV. c. 105,
s. 13 .... The wife might be endowed of personalty or
goods as well as of lands, and a trace of this ancient kind
of dower is still distinctly preserved in the marriage ritual
of the church of England, in the expression 'with all my
worldly goods I thee endow." 1 Alexander M. Burrill. A Law
Dictionary and Glossary 520 (2d ed. 1867).
dower by custom. Rist. Dower that is determined by
custom rather than the general law. Also termed
dower by particular custom.
"Dower by ... custom; as that the wife shall have half the
husband's lands, or in some places the whole, and in some
only a quarter." 2 William Blackstone, Commentaries on the
Laws of England 132 (1766).
dower by particular custom. See dower by custom.
dower by the common law. The regular dower, con
sisting of a life interest in one-third of the lands
that the husband held in fee. -Also termed dos

doweress 566
rationabilis (dos rash-[eeJ-d-nab-d-lds). [Cases; Dower
and Curtesy C=> 10, 1L]
dower consummate. See consummate dower.
dower ex assensu patris (eks d-sen-s[y]oo pa-tris),
n. [Law Latin "dower bv the father's assent"] Hist.
A type of dower ad osti~m ecclesiae made while the
husband's father is alive and consents to the endow
ment to his son's wife.
dower inchoate. See inchoate dower.
election dower. (1883) A widow's right to take a stat
utorv share of her deceased husband's estate if she
cho~s~s to reject her share under a will. See RIGHT
OF ELECTION.
equitable dower. See equitable jointure under JOINTURE
(1).
inchoate dower (in-kob-it). A wife's interest in her hus
band's estate while both are living. -Also termed
dower inchoate. [Cases: Dower and Curtesy
29-53.]
doweress. See DOWRESS.
Dow Jones Industrial Average. A stock-market-perfor
mance indicator that consists of the price movements
in the stocks of 30 leading industrial companies in the
United States. Abbr. DJIA. Often shortened to
Dow. -Also termed Dow Jones Average.
dowle stones (dohl). Rocks used as land boundaries. See
CALL (5); LOCATIVE CALLS.
dowment. See DOWER.
down market. See bear market under MARKET.
down payment. See PAYMENT.
down reversal. Securities. A sudden market-price decline
after a rising trend. The term applies to the early
stage ofthe decline; ifthe decline continues for several
months, it is termed a bear market. Also termed cor
rection; market correction.
downright evidence. Rare. A preponderance of evi
dence.
downside. Securities. 1. A downward movement of stock
prices. 2. The potential of a downward movement in
stock prices. Cf. UPSIDE.
downside risk. Securities. A likely risk that stock prices
will drop.
downside trend. Securities. The portion of the market
cycle that shows declining stock prices. Also termed
down trend.
downsizing. (1975) RedUcing the number of employees,
usu. to decrease labor costs and to increase efficiency.
downstream guaranty. See GUARANTY.
downstream merger. See MERGER.
down trend. See DOWNSIDE TREND.
downward departure. See DEPARTlJRE.
dowress (dow-ris). Archaic. 1. A woman legally entitled to
dower. 2. A tenant in dower. -Also spelled doweress. dowry (dow-ree). Archaic. The money, goods, or property
that a woman brings to her husband in marriage.
Also termed marriage portion; maritagium (mair-d
tay-jee-dm); maritage (mair-i-tij).
dozen peers. Hist. During the reign of Henry III, 12 peers
assembled by the barons to be the King's advisers.
D.P. abbr. DOMUS PROCERUM.
DPPA. abbr. DEADBEAT PARENTS PUNISHMENT ACT.
DPW. abbr. DEPARTMENT OF PUBLIC SERVICES.
Dr. abbr. 1. DEBTOR. 2. DOCTOR.
DR. abbr. DISCIPLINARY RULE.
draconian (dray-or drd-koh-nee-in), adj. (18c)(Of a
law) harsh; severe . This term derives from Draco,
the name of the ancient Athenian lawgiver. -Also
termed draconic.
draff (draf). Refuse; dregs; sweepings ofdust and dirt.
In weighing commodities, it is excluded from the waste
allowance for goods sold by weight.
draft, n. (17c) 1. An unconditional written order Signed
by one person (the drawer) directing another person
(the drawee or payor) to pay a certain sum of money
on demand or at a definite time to a third person (the
payee) or to bearer . A check is the most common
example of a draft. Also termed bill of exchange;
letter of exchange. Cf. NOTE (1). [Cases: Banks and
Banking 137, 189; Bills and Notes
bank draft. (1835) A draft drawn by one financial insti
tution on another. [Cases: Banks and Banking
189.]
clean draft. A draft with no shipping documents
attached.
demand draft. See Sight draft.
documentary draft. (1922) A payment demand con
ditioned on the presentation of a document, such as
a document of titie, invoice, certificate, or notice of
default. [Cases: Banks and Banking ('~-;c 161(1).]
export draft. A draft drawn by a domestic seller on a
foreign buyer, directing the buyer to pay the trade
amount to the seller or the seller's bank.
foreign draft. A draft drawn in one country or state
but payable in another. Also termed foreign bill of
exchange; international bill ofexchange. [Cases: Bills
and Notes (;:::::> 13.]
inland draft. A draft drawn and payable in the same
state or country. [Cases: Bills and Notes 13.]
overdraft. See OVERDRAFT.
share draft. (1978) A demand that a member draws
against a credit-union share account, payable to a
third party. A share draft is similar to a check that
is written to draw funds out of a checking account
at a bank. [Cases: Building and Loan Associations
40.]
sight draft. (1842) A draft that is payable on the bearer's
demand or on proper presentment to the drawer.

567 dram-shop act
Also termed demand draft. [Cases: Bills and Notes
C=:' 129(3).]
time draft. A draft that contains a specified payment
date. UCC  3-108. -Also termed time bill.
trade draft. A draft that instructs a


date. UCC  3-108. -Also termed time bill.
trade draft. A draft that instructs a commercial enter
prise or its agent to pay the amount specified.
2. The compulsory enlistment ofpersons into military
service <his illness disqualified him from the draft>.
Also termed conscription; military draft. [Cases: Armed
Services C=:'20.] 3. An initial or preliminary version
<the second draft of the contract>.
draft, vb. (18c) 1. To write or compose <to draft a
contract>. 2. To recruit or select (someone) <to draft
someone to run for political office> <to draft someone
into the armed services>.
draft board. A civilian board that registers and selects
persons for mandatory military service. See SELECTIVE
SERVICE SYSTEM. [Cases: Armed Services C=:'20.8.]
drafter. (1884) A person who draws or frames a legal
document, such as a will, contract, or legislative bill.
Also termed draftsman.
drafting. (1878) The practice, technique, or skill involved
in preparing legal documents -such as statutes, rules,
regulations, contracts, and wills -that set forth the
rights, duties, liabilities, and entitlements of persons
and legal entities. -Also termed legal drafting.
draftsman. See DRAFTER.
dragnet arrest. See ARREST.
dragnet clause. 1. See MOTHER HUBBARD CLAUSE (1). 2.
See CROSS-COLLATERAL CLAUSE.
dragnet lien. See LIEN.
Drago doctrine. The principle asserted by Luis Drago,
Minister of Foreign Affairs ofthe Argentine Republic,
in a December 29, 1902 letter to the Argentine Minister
in Washington, in which Drago, responding to the
forcible coercion of Venezuela's unpaid loans by Great
Britain and others, argued that no public debt should be
collected from a sovereign state by force or through the
occupation ofAmerican territory by a foreign power.
The subject was presented at the Hague Conference of
1907, when a modified version of the Drago doctrine
was adopted.
drain, n. 1. The act ofdrawing a liquid off gradually; the
act of emptying. 2. The act ofgradually exhausting. 3.
A conduit for draining liquid, as a ditch or a pipe.
drain, vb. 1. To draw (a liquid) off gradually <the
farmer drained water from the property>. 2. To
exhaust gradually <the facility has drained the area's
natural resources>. 3. To empty gradually <the water
drained>.
drainage district. A political subdivision authorized to
levy assessments for making drainage improvements
within its area. [Cases: Drains C=:' 12.]
"In the United States there are numerous special districts
that administer drainage projects. They are typically
formed under state law after a local election or petition showing consent of a majority of affected landowners. The
projects are usualiy publicly financed, and assessments
are made against all property benefited, whether or not
ali individual landowners have consented. Such projects
can increase the agricultural capacity of drained lands
and provide 'new' land for buildings and other improve
ments .... Special statutes governing drainage districts
generally exempt them from restraints .... But if private
property rights are taken or if others are damaged, com
pensation must be paid." David H. Getches, Water Law in
a Nutshell 301 (3d ed. 1997).
drainage rights. The interest that a property owner has
in the natural drainage and flow of water on the land.
[Cases: Waters and Water Courses C=:' 119.]
dram (dram). 1. An apothecary measurement of fluid
equal to an eighth of an ounce. [Cases: Weights and
Measures C=:' 3.] 2. A small amount of anything, esp.
liquor.
drama, n. 1. A presentation of a story portrayed by words
and actions or actions alone; a play. Cf. DRAMATIC
COMPOSITION.
''The term [drama] is applied to compositions which imitate
action by representing the personages introduced in them
as real and as employed in the action itself. The varieties of
the drama differ more or less widely, both as to the objects
imitated and as to the means used in the imitation. But they
ali agree as to the method or manner which is essential
to the dramatic art, viz., imitation in the way of action." 7
Encyclopaedia Britannica 338 (9th ed. 1907).
2. An event or series of events having conflicting and
exciting elements that capture people's attention.
drama-pricing. A seller's tactic ofdramatically dropping
the price of something, esp. real estate, to attract a
buyer. -Also termed trauma-pricing.
dramatic composition. Copyright. A literary work
setting forth a story, incident, or scene intended to be
performed by actors, often with a musical accompani
ment. Cf. DRAMA (1). [Cases: Copyrights and Intellec
tual Property C=:'7.]
dramatic work. See WORK (2).
dram shop. Archaic. A place where alcoholic beverages
are sold; a bar or saloon. -Also spelled dram-shop;
dramshop. -Also termed grog-shop; drinking shop.
dram-shop act. (1859) A statute allowing a plaintiff to
recover damages from a commercial seller ofalcoholic
beverages for the plaintiff's injuries caused by a cus
tomer's intoxication. -Also termed civil-liability act;
civil-damage law. [Cases: Intoxicating Liquors C=:'
282-324.]
"Largely at the behest of the temperance movement,
statutes (called 'dram shop acts') were enacted in many
states which imposed some form of civil liability on those
engaged in the business of selling such beverages in favor
of third persons injured thereby .... At one time, almost
halfthe states had such laws; today, that number seems to
be declining. , . , A growing minority of states have over
thrown the common law rule and have created a common
law dram shop action. In most of these jurisdictions, lia
bility is predicated on statutes which regulate the liquor
business and prohibit certain sales by liquor licensees (to
minors, intoxicated persons, etc.) thus, where the sale is
unlawful, it is negligence per se .. , ." Edward J. Kionka,
Torts in a Nutshell 293-94 (2d ed, 1992).

dram-shop liability. (1995) Civil liability of a commer
cial seller of alcoholic beverages for personal injury
caused by an intoxicated customer . Claims based on
a similar type ofliability have been brought against
private citizens for personal injury caused by an intox
icated social guest. [Cases: Intoxicating Liquors
282-324.]
draw, vb. (13c) 1. To create and sign (a draft) <draw
a check to purchase goods>. 2. To prepare or frame
(a legal document) <draw up a will>. 3. To take out
(money) from a bank, treasury, or depository <she drew
$6,000 from her account>. 4. To select (a jury) <the
lawyers began voir dire and had soon drawn a jury>.
drawback. A government allowance or refund on import
duties when the importer reexports imported products
rather than selling them domestically. 19 USCA  1313.
[Cases: Customs Duties (;::>100.)
drawee (draw-ee). (l8c) The person or entity that a draft
is directed to and that is requested to pay the amount
stated on it. _ The drawee is usu. a bank that is directed
to pay a sum of money on an instrument. -Also
termed payor. [Cases: Banks and Banking (;::> 137; Bills
and Notes C=24.J
drawee bank. See payor bank under BANK.
drawer. (17c) One who directs a person or entity, usu. a
bank, to pay a sum ofmoney stated in an instrument
for example, a person who writes a check; the maker of
a note or draft. See MAKER. [Cases: Banks and Banking
137; Bills and Notes
drawing. 1. Patents. A specially prepared figure included
with a patent application to explain and describe the
invention. A drawing is required when necessary
to understand the invention. 35 USCA  113. [Cases:
Patents 100.] 2. Trademarks. A graphic or textual
depiction of a trademark, filed as part of an applica
tion for the mark to be placed on the primary register.
_ The drawing serves as the element that is published
in the Official Gazette. It must include the applicant's
name and address, the type of goods or services it will
identify, and the date offirst use or a statement ofintent
to use it in commerce. [Cases: Trademarks (;::> 1282.]
formal drawing. A drawing that complies with the
formatting requirements of the U.S. Patent and
Trademark Office, as set forth in 37 CFR 1.84, and is
stamped "Approved" by the PTa Drafter. Cf. informal
drawing. [Cases: Patents (:::-~ 100.]
front-page drawing. A drawing submitted with the
patent application and selected by the examiner as the
application's representative drawing. -The draWing is
reproduced on the front page of the published appli
cation or patent. [Cases: Patents (;::> 100.]
informal drawing. A drawing that does not comply
with the formatting requirements of the U.S. Patent
and Trademark Office . A drawing may be submit
ted as informal by the patent applicant, or declared
informal by the PTa Drafter. Cf. formal drawing. original drawing. A drawing submitted with the
original application.
special-form drawing. A drawing of a trademark that
contains some graphical element, such as a logo, a
picture, or a special type style . A stylized or special
form draWing must be submitted in black-and-white,
with a description ofthe colors to be used on the final
mark. Also termed stylized drawing.
substitute drawing. A draWing submitted after the
original application has been filed. - A substitute
drawing is often a formal drawing filed to replace an
informal drawing. [Cases: Patents (;::>100.J
typed drawing. A drawing of a trademark that is
purely textual, with no graphical component . A
typed drawing consists solely of the words, letters,
and numbers that make up the mark, typed in all
capitals. -Also termed typed-form drawing.
drawing account. See ACCOUNT.
drawing lots. (l3c) An act ofselection or decision-mak
ing based on pure chance, with the result depending on
the particular lot drawn. -Jurors are usu. instructed
by the court not to base their verdict on drawing lots
or similar methods ofchance.
drawlatch. Hist. A thief; a robber who waits until homes
are empty, then draws the homes' door latches to steal
what is inside.
drayage. A charge for transporting property.
DRE. abbr. DRUG-RECOGNITION EXPERT.
dread-disease insurance. See INSURANCE.
dreit dreit. See DROIT-DROIT.
D reorganization. See REORGANIZATION (2).
drift ofthe forest. Hist. A periodic examination offorest
cattle by officers who drive them to an enclosed place to
determine their ownership or common status.
"Drift of the forest is nothing else but an exact view or
examination taken once, twice, or oftener in a year as
occasion shall require, what beasts there are in the
forest, to the end that the common in the forest be not
overcharged, that the beasts of foreigners that have no
common there be not permitted, and that beasts not com
monable may be put out." Termes de fa Ley 185-87 Ost
Am_ ed. 1812).
drift-stuff. Any material floating at random in water
without a discoverable source. -Drift -stuff is usu. the
property ofthe riparian owner.
drilling contract. Oil & gas. A well-drilling agreement
between a drilling contractor, who owns drilling rigs
and associated equipment, and the owner or lessor of
the mineral rights. _ Ihe contract spells out the rights
and duties of the parties. In general, the more control
the interest-owner retains over the contractor, the
more liability the owner is exposed to for damages the
drilling causes. See DAYWORK DRILLING CONTRACT;
FOOTAGE DRILUNG CONTRACT. [Cases: Mines and
Minerals 109.]
turnkey drilling contract. Oil &gas. A drilling contract
under which the drilling contractor promises to

569 droit d'aubaine
perform specified functions for an agreed price. -The
lease operator has little or no discretion to control
the drilling contractor, and so assumes little or no
liability for damages the drilling may cause. [Cases:
Mines and Minerals (;::=> 109, 120.]
drilling-delay rental clause. Oil & gas. A provision in an
oil-and-gas lease giving the lessee the right to maintain
the lease from period to period during the primary term
by paying delay rentals instead of starting dri a
tions. _ Lessees use drilling-delay rental dau se
courts have said that they obviate any implied covenant
to drill a test well on the premises. Ihey are accepted by
lessors bel=ause they provide for periodic income from
the lease. See "or" lease, "unless" lease under LEASE.
[Cases: Mines and Minerals (;::=>78.1(3).]
"The purpose of the lease drilling-delay rental clause is to
ensure that the lessee has no obligation to drill during the
primary term by negating any implied obligation to test
the premises. Before drilling-delay rental clauses became
common in oil and gas leases, many courts held that
lessees had an implied duty to drill a test well on the leased
premises within a reasonable time after grant of the lease.
The rationale for the implied covenant was that the


ased
premises within a reasonable time after grant of the lease.
The rationale for the implied covenant was that the major
consideration for the grant of the lease by the lessor was
the expectation that the property would be tested within
a reasonable time. The courts' determination of what was
a reasonable time ranged from a few months to several
years, depending upon the circumstances. Lessees found
that they could not rely upon a long stated term alone to
preserve their rights." John S. Lowe, Oil and Cas Law in a
Nutshell 195-96 (3d ed. 1995).
drinking age. See AGE.
drinking shop. See DRAM SHOP.
DRIP. abbr. DIVIDEND-REINVESTMENT PLAN.
drip rights. A servitude allowing water dripping off a
person's roof to fall on a neighbor's land. Waters
and Water Courses 121.]
driver. 1. A person who steers and propels a vehicle. 2.
A person who herds animals; a drover.
driver's license. The state-issued certificate authorizing
a person to operate a motor vehicle. -It is also often
used as a form of identification. [Cases: Automobiles
driving, n. The act of directing the course of something,
such as an automobile or a herd ofanimals.
driving under the influence. (1924) The offense of
operating a motor vehicle in a phYSically or mentally
impaired condition, esp. after consuming alcohol or
drugs. _ Generally, this is a lesser offense than driving
while intoxicated. But in a few jurisdictions the two
are synonymous. -Abbr. DUr. Also termed driving
while ability-impaired (DWAI); driving under the influ
ence ofliquor (DUlL); driving while intoxicated (DWI);
operating under the influence (OUI); operating while
intoxicated (OWI); operating a motor vehicle while
intoxicated (OMVI); operating a motor vehicle under
Ole influence (OMVUI). Cf. DRIVING WHILE INTOXI
CATED. [Cases: Automobiles
driving while ability-impaired. See DRIVING UNDER
THE INFLUENCE. driving while intoxicated. (19l3) 1. The offense of
operating a motor vehicle in a phYSically or mentally
impaired condition after consuming enough alcohol
to raise one's blood alcohol content above the statutory
limit (.08% in many states), or after consuming drugs.
_ Penalties vary widely; for example, the maximum
penalty in Missouri and Louisiana is a $500 fine and six
months in jail, while the penalties in New York range
from $500 to $5,000 in fines and up to four years in jail.
2. DRIVING UNDER THE INFLUENCE. -Abbr. DWI.
Also termed drunk driving. Cf. DRIVING UNDER THE
INFLUENCE. [Cases: Automobiles <::=,332.]
DRL. abbr. BUREAU OF DEMOCRACY, HUMAK RIGHTS,
AND LABOR.
DRM. See direct-reduction mortgage under MORTGAGE.
drofland (drohf-IClnd). Rist. A socage tenure that
required the holder to drive the landlord's cattle to
fairs and markets.
droit (drwah or droyt). [French "right"] 1. A legal right
or claim. 2. The whole body oflaw.
droit-close (droyt klohz), n. [Law French] Rist. A writ
against a lord on behalf ofa tenant in ancient demesne
holding land by charter in fee simple, in fee-tail, for
life, or in dower.
droit common (drayt kom-;.:m), n. [Law French] The
common law. Also termed droit coutumier. See
COMMON LAW (2).
droit coutumier. See DROIT COMMON.
droit d'accession (drwah dak-ses-syawn), n. [French
"right ofaccession"] Civil law. The right of the owner
ofa thing to whatever is produced by it or is united with
it, either naturally or artificially. La. Civ. Code arts. 483,
490, 507. -The equivalent of the Roman specificatio, the
right includes, for example, the right of a landowner to
new land depOSited on a riverbank and the right ofan
orchard owner to the fruit of the trees in the orchard.
See ACCESSION (4).
"DROIT D'ACCESSION .  The civil law rule is that if the thing can
be reduced to the former matter it belongs to the owner
of the matter, e.g. a statue made of gold; but if it cannot
so be reduced it belongs to the person who made it, e.g.
a statue made of marble." 1 John Bouvier, Bouvier's Law
Dictionary 941 (8th ed. 1914).
droit d'accroissement (drwah da-krwas-mawn), n.
[French] French law. A right ofsurvivorship by which
an heir's interest is combined with the interest of a
coheir who either has refused or is unable to accept
the interest.
droit d'aubaine (drwah doh-ben), n. [Law French "right
of alienage"] Rist. With certain exceptions, a sover
eign's right to a deceased alien's property, regardless of
whether the alien had a will. -This right was primar
ilv exercised in France where it was revived in some
f~rm by Napoleon after its initial abolishment in 1790.
It was ultimately abolished in 1819. -Also spelled
droit d'aubaigne; droit d'aubenage. Also termed jus
albanagii;jus albinatus.

droit d'auteur 570
"Under the French rule of law, known as the droit
d'aubaine ... the whole property of an alien dying in France
without leaving children born in that country escheated to
the crown. The royal right was not universally exacted, and
at a very early period special exceptions were introduced
in favour of certain classes. Thus Louis XI exempted mer
chants of Brabant, Flanders, Holland, and Zealand from the
operation of the law, and a similar privilege was extended
by Henri II to merchants of the Hanse towns, and from
Scotland." 1 R.H. Inglis Palgrave, Palgrave's Dictionary of
Political Economy 68 (Henry Higgs ed., 2d ed. 1925).
"In France by the fourteenth century it was accepted that
a stranger might acquire and possess but not inherit or
transmit by will or on intestacy. In 1386 the French king
assumed the seigneurial droit d'aubaine or right to inherit.
In treaties in the seventeenth and eighteenth centuries the
right was frequently renounced. Louis XVI in 1787 abol
ished the right as against subjects of Great Britain without
reciprocity. The constituent Assembly abolished the right
in 1790 and it was commonly abolished elsewhere in the
early nineteenth century." David M. Walker, The Oxford
Companion to Law 378 (1980).
droit d'auteur (drwah doh-t<lr), n. [French "author's
right"] The copyright system used in France and other
civil-law nations and differing from common-law copy
right by giving more protection to an author's moral
right. See AUTHOR'S RIGHT.
droit de bris (drwah d" bree), n. [Law French "right ofa
wreck"] Hist. A right claimed by lords ofthe coasts of
France to fragments ofshipwrecks, including persons or
property that had washed ashore. e1he right was exer
cised primarily in Bretagne but was abrogated by Henry
III as duke of Normandy, Aquitaine, and Guienne, in
a charter granted in A.D. 1226. -Also termed droit de
bris sur Ie naufrages. Cf. DROIT DE NAUFRAGE.
droit de detraction (drwab d" day-trak-syawn), n.
[French "the right ofwithdrawal"] Int'llaw. A tax on
property acquired by succession or by will and then
removed to another state or country.
droit de garde (drwah d" gahrd), n. [French "right of
ward"] Rist. French law. A king's right to wardship of
a noble vassal who has not reached majority.
droit de gite (drwah d" zheet), n. [French "right of
lodging"] Hist. French law. A duty of a commoner
holding land in the royal domain to provide lodging
and food to a royal party traveling on royal business.
droit de greffe (drwah d" gref), n. [French "a right con
cerning the clerk's office"] Hist. French law. The Crown's
privilege to sell offices connected with the custody of
judicial records or official acts.
droit de maitrise (drwah d" may-treez), n. [French
"a right of mastership"] Hist. French law. A required
payment to the Crown by an apprentice who has
become a master worker.
droit de naufrage (drwah d" noh-frazh), n. [French] Hist.
French law. The right ofa sovereign or a lord owning a
seashore to seize the wreckage of a shipwreck and kill
the crew or sell them as slaves. Cf. DROIT DE BRIS.
droit de prise (drwah dd preez), n. [French "a right of
prize"] Hist. French law. A commoner's duty to supply articles on credit to the royal household for domestic
consumption.
droit de quint (drwah dd kant), n. [French "the right of
a fifth"] Hist. French law. A required payment made by
a noble vassal to the king each time ownership of the
vassal's fief changed.
droit de suite (drwah d" sweet), n. [French "right to
follow"] 1. A creditor's right to recover a debtor's
property after it passes to a third party. 2. Copyright.
An artist's resale royalty; the right of a work's creator
to benefit from appreciation in the value ofthe work by
receiving a portion ofthe profit from its later resales.
 A droit de suite is recognized in some European
nations.
'The droit de suite (literally translated as the right to follow
the work) enables artists to claim a portion of the price for
which a work is resold. The idea is that an artist may sell a
painting for a low price at a time when they are unknown
and have little bargaining power. In due course, as the
artist's reputation develops, the painting may be resold
for continually increasing sums .... The right is seen to be
justified not only because it encourages creation, but also
because the artist is conceived (through the authorial link)
as being responsible for the increase in value (economic
success of their works)." Lionel Bently & Brad Sherman,
Intellectual Property Law 281 (200l).
droit d'execution (drwah dek-say-kyoo-syawn), n.
[French "right of execution"] French law. 1. A stock
broker's right to sell the stock bought for a client who
later refuses it. 2. A stockbroker's right to sell depOSited
securities to secure the broker against a loss in buying
for a client.
droit-droit (drwah-drwah), n. [Law French "double
right"] Hist. The unification of the right of possession
with the right ofproperty. Also termed jus duplica
tum; dreit dreit.
"A complete title to lands, tenements, and hereditaments,
For it is an ancient maxim of the law, that no title is com
pletely good, unless the right of possession be joined with
the right of property; which right is then denominated a
double right, jus duplicatum, or droit droit. And when to
this double right the actual posseSSion is also united ...
then, and then only, is the title completely legal." 2 William
Blackstone, Commentaries on the Laws of Eng/and 199
(l766).
droit du seigneur (drwah d" sen-yuur). [French "right
of the lord"] Hist. 1. A supposed customary right ofa
feudal lord to have sexual intercourse with a tenant's
bride on her wedding night. 2. A supposed custom
requiring sexual abstinence by a couple on their
wedding night. Also spelled droit de seigneur. Also
termed jus primae noctis.
droit ecrit (drwaht ay-kree), n. [French "the written
law"] French law. The civil law; the corpus juris civilis.
droit international (drwaht an-tair-nah-syoh-nahl), n.
[French] International law.
droit maritime (drwah ma-ree-teem). [French] Maritime
law.
droit moral (drwah maw-ral). [French] The doctrine
ofmoral right, which entitles artists to prevent others
from altering their works. e The basic rights protected

571 drug
by this doctrine are (1) the right to create, (2) the right
to disclose or publish, (3) the right to withdraw from
publication, (4) the right to be identified with the work,
and (5) the right to ensure the integrity of the work,
including the right to object to any mutilation or dis
tortion of the work. These rights are sometimes called
moral rights. See MORAL RIGHT. [Cases: Copyrights and
Intellectual Property C=>6.]
droit naturel (drwah na-tuu-rel), n. [French] Natural
law.
droits civils (drwah see-veel), n. [French] French law.
Private rights not connected to a person's civil status.
 Foreigners had certain rights that could be enforced
when there was reciprocity with the foreigner's home
country.
droits ofadmiralty (droyts), n. The Lord High Admiral's
rights in connection with the sea, such as the right to
recover proceeds from shipwrecks, enemy goods con
fiscated at the beginning ofhostilities, jetsam, flotsam,
treasure, deodand, fines, forfeitures, sturgeons, whales,
and other large fishes . The droit proceeds are paid to
the Exchequer's office for the public's use. See PRIZE
(2).
''


s are paid to
the Exchequer's office for the public's use. See PRIZE
(2).
''The crown had originally certain rights to property
found upon the sea, or stranded upon the shore. The
chief kinds of property to which the crown was thus
entitled were, great fish (such as whales or porpoises),
deodands, wreck of the sea, flotsam, jetsam, and lagan,
ships or goods of the enemy found in English ports or
captured by uncommissioned vessels, and goods taken
or retaken from pirates .... After the rise of the court of
Admiralty the Lord High Admiral became entitled to these
droits by royal grant .... The right to droits carried with
it a certain jurisdiction. Inquisitions were held into these
droits at the ports, or the ViceAdmirals or droit gatherers
reported them to the Admiral. The large terms of the Admi
ral's Patents incited them, or their grantees, to frequent
litigation with private persons or other grantees of the
crown .... The Admiralty droits ... are now transferred
to the consolidated fund." 1 William Holdsworth, A History
ofEnglish Law 559-61 (7th ed. 1956).
droitural (droy-ch;J-r;Jl), adj. [fr. Old French droiture
"right"] Of or relating to an interest in property, as
distinguished from actual possession.
droit voisins (drwah vwah-san), n. [French] NEIGHBOR
ING RIGHT.
dromones (dr;J-moh-neez), n. pI. Hist. 1. Large ships. 2.
War vessels ofrecognized navies, usu. prepared for hos
tilities. -Also termed dramas; dromunda.
Droop quota. In some proportional-representation elec
tions, the minimum number of votes needed to win a
legislative seat . The quota is determined by a formula
based on the reciprocal of the number of representa
tives plus one -or l!(n + 1), where "n" is the number
ofrepresentatives being elected. The term is named for
the developer ofthe election format, Henry Richmond
Droop (1831-1884).
drop. English law. A rule nisi that is not adopted because
the members ofa court are equally divided on the issue .
 The rule is dropped rather than discharged or made
absolute. drop-dead date. The date by which performance is
required as a condition. Cf. TIME-IS-OF-THE-ESSENCE
CLAUSE.
drop-dead provision. Contracts. A clause in an agree
ment or order allowing a party to take action without
notice if the other party fails to perform certain acts.
drop-down clause. Insurance. An insurance-policy pro
vision requiring an excess insurer to provide coverage
to the insured even though the underlying coverage
has not been exhausted, usu. because the underlying
insurers are insolvent. [Cases: Insurance C=>2396.]
drop letter. A letter addressed to someone in the delivery
area of the post office where the letter was posted.
[Cases: Postal Service C=>23.]
drop-shipment delivery. A manufacturer's shipment of
goods directly to the consumer rather than initially to
a wholesaler.  Ifthe wholesaler takes the order, it may
receive part of the profit from the sale.
drop shipper. A wholesaler who arranges to have goods
shipped directly from a manufacturer to a consumer.
See DROP-SHIPMENT DELIVERY.
dropsy testimony. See TESTIMONY.
drove, n. 1. A group of animals driven in a herd. 2. A
large group of people in motion.
drover's pass. A free pass issued by a railroad company
to the cattle's drover, who accompanies the cattle on
the train. [Cases: Carriers C=>237.1.]
DRP. abbr. DIVIDEND-REINVESTMENT PLAN.
drug, n. (14c) 1. A substance intended for use in the diag
nosis, cure, treatment, or prevention of disease. 2. A
natural or synthetic substance that alters one's percep
tion or consciousness. See CONTROLLED SUBSTANCE.
[Cases: Controlled Substances C=>9.]
addictive drug. A drug (such as heroin or nicotine)
that, usu. after repeated consumption, causes physical
dependence and results in well-defined phYSiologi
cal symptoms upon withdrawal. [Cases: Controlled
Substances C=>9.]
adulterated drug. A drug that does not have the
strength, quality, or purity represented or expected.
copycat drug. See generic drug.
dangerous drug. A drug that has potential for abuse or
injury, usu. requiring a label warning that it cannot be
dispensed without a prescription. [Cases: Controlled
Substances C=>9.]
designer drug. A chemical substance that is created to
duplicate the pharmacological effects of controlled
substances, often by using the same chemicals con
tained in controlled substances, but manipulating
their formulas. [Cases: Controlled Substances C=>
9,43.]
ethical drug. A drug that can be dispensed only with a
doctor's prescription. Cf. proprietary drug.
generic drug. A drug containing the active ingredients
but not necessarily the same excipient substances (such

as binders or capsules) as the pioneer drug marketed
under a brand name. -Also termed copycat drug. See
pioneer drug. [Cases: Health (~319.]
new drug. A drug that experts have not recognized as
safe and effective for use under the conditions pre
scribed. 21 USCA  321(p)(l),  The Food and Drug
Administration must approve all new drugs before
they can be marketed. [Cases: Health C~317.]
orphan drug. A prescription drug developed to treat
diseases affecting fewer than 200,000 people in the
United States (such as a rare cancer) or whose devel
opmental costs are not reasonably expected to be
recovered from the drug's sales. 21 USCA  360bb.
[Cases: Health C'"::>319.]
pioneer drug. The first drug that contains a particular
active ingredient that is approved by the FDA for a
specified use.
precompounded prescription drug. A drug that is dis
tributed from the manufacturer, to the pharmacist,
and then to the consumer without a change in form.
proprietary drug. A drug that is prepared and packaged
for the public's immediate use . Proprietary drugs
may be sold over the counter. Cf. ethical drug.
drug abuse. The detrimental state produced by the
repeated consumption of a narcotic or other poten
tially dangerous drug, other than as prescribed by a
doctor to treat an illness or other medical condition.
[Cases: Chemical Dependents 1; Controlled Sub
stances (;:::>38.]
drug addict. See ADDICT.
drug-assistance program. 1. A governmental program
to ensure access to necessary prescription medicines
for needy people who are uninsured or underinsured
or who otherwise lack health coverage. 2. Rehabilita
tive counseling, and monitoring, usu. in a nonresiden
tial setting, for detecting and treating users of illegal
drugs.
drug court. See COURT.
drug dependence. The psychological or physiological
need for a drug. [Cases: Chemical Dependents (;:::> L]
drug-free zone. (1986) An area in which the possession
or distribution of a controlled substance results in an
increased penalty.  Drug-free zones are often estab
lished, for example, around public schools. [Cases:
Controlled Substances 100.]
druggist. A person who mixes, compounds, dispenses,
or otherwise deals in drugs and medicines, usu. either
as a proprietor of a drugstore or as a pharmacist.
drug kingpin. An organizer, leader, manager, financier,
or supervisor of a drug conspiracy; a person who has
great authority in running an illegal drug operation,
drug paraphernalia. (1920) Criminal law. Any type
of equipment, product, or material that is primarily
deSigned or intended for the unlawful manufacture,
processing, or hiding of a controlled substance, or
for the introduction of a controlled substance into the human body, when possession of the substance is
unlawful. 21 USCA  863(d). [Cases: Controlled Sub
stances 89.]
Drug Price Competition and Patent Term Restoration
Actofl984. See HATCH-WAXMAN ACT.
drug-recognition expert. A person trained to identify
various types of drugs and alcohol, to understand the
effects that drugs and alcohol have on people, and to
recognize the signs and symptoms of drug and alcohol
intoxication. -Abbr. DRE.
drug trafficking. See TRAFFICKING.
drummer. 1. A commercial agent who travels around
taking orders for goods to be shipped from wholesale
merchants to retail dealers; a traveling sales represen
tative. 2. A traveling salesperson. [Cases: Licenses
15(6).]
drummer floater policy. See INSURANCE POLlCY.
drungarius (dr;}ng-gair-ee-;}s), n. [Law Latin] Hist. 1.
A commander of a band of soldiers. 2. A naval com
mander.
drungus (dr.mg-g;}s), n. [Law Latin] Hist. A band of
soldiers.
drunk, adj. Intoxicated; (of a person) under the influ
ence of intoxicating liquor to such a degree that the
normal capacity for rational thought and conduct is
impaired. drunk, n.
drunkard. 1. A person who consumes intoxicating
substances frequently and exceSSively; esp., one who is
habitually or often intoxicated. 2. An alcoholic . This
term may also be used to refer to a drug addict. Also
termed habitual drunkard. [Cases: Chemical Depen
dents Crj 1.]
drunk driving. See DRIVING WHILE INTOXICATED.
drunkenness. 1. A state ofintoxication; inebriation; the
condition resulting from a person's ingestion ofexces
sive amounts of intoxicating liquors sufficient to affect
the person's normal capacity for rational thought and
conduct. 2. A habitual state of intoxication. [Cases:
Chemical Dependents
excessive drunkenness. A state of drunkenness in
which a person is so far deprived of reason and under
standing that he or she is incapable of understanding
the character and consequences of an act.
drunkometer (dr;}ng-kom-;}-t;}r). See BREATHALYZER.
dry, adj. (bef. 12c) 1. Free from moisture; desiccated <dry
land>. 2. Unfruitful; destitute of profitable interest;
nominal <a dry trust>. 3. (Of a jurisdiction) prohibiting
the sale or use of alcoholic beverages <a dry county>.
[Cases: Intoxicating Liquors (;:::>24-43.]
dry check. See bad check under CHECK.
dry exchange. Something that pretends to pass on both
sides ofa transaction, but passes on only one side.
"Dry exchange, . , seems to be a subtil term invented to
disguise usury, in which something is pretended to pass
on both sides, whereas in truth nothing passes on the one
side." Termes de la Ley 185 (1 st Am. ed. 1812),

573 dual-sovereignty doctrine
"DRY EXCHANGE ... A euphemism applied to the 'coverture'
or 'colouring' of the stringent statutes passed during the
Tudor period against usury .... Usury, which was con
demned by religion and law alike during the middle ages,
was from the middle of the 16th century no longer to be
confounded with the legitimate employment of capital;
but the sentiment which inspired the above enactments
was that of governing classes associated with the landed
interest." 1 R.H. Inglis Palgrave, Palgrave's Dictionary of
Political Economy 643 (Henry Higgs ed., 2d ed. 1925).
dry hole. Oil & gas. An oil or gas well that is incapable of
producing enough minerals to justify the cost ofcom
pleting it and putting it into production.
dry-hole agreement. Oil & gas. A support agreement
in which 'the contributing party agrees to make a cash
contribution to the drilling party in exchange for geo
logical or drilling information if the well drilled is
unproductive. See SUPPORT AGREEMENT. [Cases: Mines
and Minerals (;:::> 109.]
dry-hole clause. Oil & gas. A provision in an oil-and
gas lease specifying what a lessee must do to maintain
the lease for the remainder of the primary term after
drilling an unproductive well.  A dry-hole clause is
intended to make clear that the lessee may maintain
the lease by paying delay rentals for the remainder of
the primary term. [Cases: Mines and Minerals (;:::>
78.1(3).]
dry mortgage. See MORTGAGE.
dry presumption. See PRESUMPTION.
dry receivership. See RECEIVERSHIP.
dry rent. See RENT (1).
dry trust. See TRUST.
DS. abbr. BUREAU OF DIPLOMATIC SECURITY.
d.s.b. abbr. DEBET SINE BREVE.
DSCA. abbr. DEFENSE SECURITY COOPERATION
AGENCY.
DSS. abbr. 1. DEPARTMENT OF SOCIAL SERVICES. 2.
DEFENSE SECURITY SERVICE.
DTC. abbr. DEPOSITORY TRUST CORPORATION.
DTRA. abbr. DEFENSE THREAT REDUCTION AGENCY.
d.t.'s. abbr. DELIRIUM TREMENS.
dual agent. See AGENT (2).
dual-capacity doctrine. (1914) The principle that makes
an employer -who is normally shielded from tort lia
bility by workers'-compensation laws -liable in tort
to an employee if the employer and employee stand
in a secondary relationship that confers independent
obligations on the employer. -Also termed dual-per


er and employee stand
in a secondary relationship that confers independent
obligations on the employer. -Also termed dual-per
sona doctrine. Cf. DUAL-PURPOSE DOCTRINE. [Cases:
Workers' Compensation (;:::>2162.]
dual citizenship. 1. A person's status as a citizen oftwo
countries, as when the person is born in the United
States to parents who are citizens of another country,
or one country still recognizes a person as a citizen
even though that person has acquired citizenship in
another country. [Cases: Citizens (;:::> 18.] 2. The status of a person who is a citizen of both the United States
and the person's country of residence.
dual contract. See CONTRACT.
dual-criminality principle. The rule prohibiting the
international extradition of a fugitive unless the offense
involves conduct that is criminal in both countries.
[Cases: Extradition and Detainers (;:::>5.]
dual distributor. (1945) A firm that sells goods simulta
neously to buyers on two different levels of the distri
bution chain; esp., a manufacturer that sells directly to
both wholesalers and retailers.
dual distributorship. See DISTRIBUTORSHIP.
dual employment. See MOONLIGHTING.
dual fund. See MUTUAL FUND.
dual inheritance. See INHERITANCE.
duality ofart. Copyright. The twofold nature of applied
art as both functional and aesthetic . The United States
takes a duality-of-art approach to copyright, protecting
applied art only when the item could stand alone as an
identifiable work of art even if it did not perform the
function it was designed to do. -Also termed noncu
mulative approach. Cf. UNITY OF ART.
dual listing. See LISTING (2).
dual-persona doctrine (d[y]oo-JI pJr-soh-nJ). (1982)
See DUAL-CAPACITY DOCTRINE.
dual-priorities rule. The principle that partnership cred
itors have priority for partnership assets and that indi
vidual creditors have priority for a partner's personal
assets. This rule has been abandoned by the bank
ruptcy laws and the Revised Uniform Partnership Act.
The bankruptcy code now allows partnership creditors
access to all assets ofbankrupt partners, not just those
remaining after payment to individual creditors.
Also termed jingle rule.
dual-prosecution rule. (1981) The principle that the
federal government and a state government may both
prosecute a defendant for the same offense because
both governments are separate and distinct entities.
See DUAL-SOVEREIGNTY DOCTRINE. [Cases: Double
Jeopardy (;:::> 186.]
dual-purpose doctrine. (1953) The principle that an
employer is liable for an employee's injury that occurs
during a business trip even though the trip also serves
a personal purpose. Cf. DUAL-CAPACITY DOCTRINE.
[Cases: Labor and Employment (;:::>3046(2); Workers'
Compensation (;:::>715.]
dual-purpose fund. See dual fund under MUTUAL
FUND.
dual-residential parent. See PARENT.
dual-shop operation. See DOUBLE-BREASTING.
dual-sovereignty doctrine. (1957) The rule that the
federal and state governments may both prosecute
a person for a crime without violating the consti
tutional protection against double jeopardy, if the
person's act violated both jurisdictions' laws. See

duarchy 574
DUAL-PROSECUTION RULE. [Cases: Double Jeopardy
186.]
duarchy (d[y]oo-ahr-kee), n. [fro Greek duo "two" +
archia "rule"] See DIARCHY.
dubii juris (d[y]oo-bee-I joor-is). [Latin] Hist. Of
doubtful law. -The phrase appeared in reference to an
unsettled legal point.
dubitante (d[yJoo-bi-tan-tee). [Latin] Doubting. -This
term was usu. placed in a law report next to a judge's
name, indicating that the judge doubted a legal point
but was unwilling to state that it was wrong. -Also
termed dubitans.
"[E]xpressing the epitome of the common law spirit, there
is the opinion entered dubitante ~ the judge is unhappy
about some aspect of the decision rendered, but cannot
quite bring himselfto record an open dissent." Lon L. Fuller,
Anatomvofthe Law147 (1968).
dubitatur (d[y]oo-bi-tay-tdr). [Latin] It is doubted. -This
phrase indicates that a point oflaw is doubtful. -Also
termed dubitavit.
ducat (dak-it). A gold coin used as currency, primarily
in Europe and first appearing in Venice in the early
BOOs, with the motto sit Ubi, Christe, dato, quem tu
regis, iste Ducatus ("let this duchy which thou rulest
be dedicated to thee, 0 Christ"). -It survived into the
20th century in several countries, including Austria
and the Netherlands.
ducatus (d[y]d-kay-tds), n. [Law Latin] A duchy; a
dukedom.
duces tecum (d[y]oo-S<lS tee-bm also tay-bm). [Latin]
(17c) Bring with you. See subpoena duces tecum under
SUBPOENA.
duces tecum licet languidus (d[y]oo-sds tee-k<lm iI-set
lang-gwd-d<ls), n. [Law Latin "bring with you, although
sick"J Hist. A habeas corpus writ ordering a sheriff to
bring someone into court despite a return by the sheriff
noting that the person was too ill to come.
Duchy Court of Lancaster (d;)ch-ee kort <lV lang-kd
st<lr). Hist. English law. A court with special equity
jurisdiction, similar to the equity courts of chancery,
in which the Duchy ofLancaster's chancellor or deputy
presides over issues primarily relating to land held by
the Crown in right ofthe Duchy.
Duchy of Lancaster (d;)ch-ee <lV lang-k<l-st<lr). Land,
in the county of Lancaster, the Savoy in London, and
around Westminster, that originally belonged to the
Duke of Lancaster and later belonged to the Crown in
right of the Duchy.
ducking stool. See CASTIGATORY.
due, adj. (l4c) 1. Just, proper, regular, and reasonable
<due care> <due notice>. 2. Immediately enforceable
<payment is due on delivery>. 3. Owing or payable;
constituting a debt <the tax refund is due from the
IRS>.
due-bill. See IOU.
due care. See reasonable care under CARE. due compensation. See just compensation under COM
PENSATION.
due consideration. 1. The degree of attention properly
paid to something, as the circumstances merit. 2. See
sufficient consideration under CONSIDERATION (1).
due course, payment in. See PAYMENT IN DUE COURSE.
due-course holder. See HOLDER IN DUE COURSE.
due course oflaw. See DUE PROCESS.
due day. See BOON DAY.
due deference. The appropriate degree of respect with
which a reviewing authority must consider the decision
ofa primary decision-maker.
due diligence. See DILIGENCE.
due-diligence information. Securities.lnformation that
a broker-dealer is required to have on file and make
available to potential customers before submitting quo
tations for over-the-counter securities. -The informa
tional requirements are set out in SEC Rule 15c2-11 (17
CFR  240.15c2-11).
due influence. (17c) The sway that one person has over
another, esp. as a result of temperate persuasion,
argument, or appeal to the person's affections. Cf.
UNDUE INFLUENCE.
duel. (ISc) 1. TRIAL BY COMBAT. 2. A Single combat;
specif., a prearranged combat with deadly weapons
fought between two or more persons under prescribed
rules, uSU. in the presence of at least two witnesses,
to resolve a previous quarrel or avenge a deed. -In
England and the United States, death resulting from a
duel is treated as murder, and seconds may be liable as
accessories. -Also termed monomachy; single combat.
Cf. MUTUAL COMBAT. [Cases: Homicide ~S37.]
"[AJ duel which did not end in death was only a misde
meanour, till the passing of Lord Ellenborough's Act, 43
Geo. 3, C. 58, passed in 1803 .... A duel which did end
fatally might be either murder or manslaughter, according
to the following distinctions: ~If the duel was on a sudden
falling out, if the parties fought in hot blood and on the
spot and one was killed, the offence was only manslaugh
ter, however aggravated the case might be.... If a fatal
duel took place when the parties were in cool blood, it was
held to be murder, and of this there has never been any
doubt whatever in this country, though juries not unfre
quently acquitted in such cases if they sympathized with
the prisoner." 3James Fitzjames Stephen, A History ofthe
Criminal Law ofEngland 100 (1883).
"Dueling is distinguished from other offenses in that it has
none of the elements of sudden heat and paSSion, and is
usually carried out with some formality. A duel has been
distinguished from an 'affray' in that an affray occurs on a
sudden quarrel while a duel is always the result of design."
28A c.J.S. Dueling  2, at 154 (1996).
dueling. n. The common-law offense of fighting at an
appointed time and place after an earlier disagreement.
_ Ifone ofthe participants is killed, the other is guilty
ofmurder, and all who are present, abetting the crime,
are gUilty as principals in the second degree. [Cases:
Criminal Law (;::>4S.30.J
"Dueling is prearranged fighting with deadly weapons,
usually under certain agreed or prescribed rules .... It is a
misdemeanor at common law to fight a duel, even though

no death result, to challenge another to a duel, intention
ally to provoke such a challenge, or knowingly to be the
bearer of such a challenge." Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 243 (3d ed. 1982).
duellum (q[y]oo-el-<lm), n. [fro Latin duo "two"] Hist. See
TRIAL BY COMBAT.
due negotiation. See NEGOTIATION.
due notice. See NOTICE.
due-on-encumbrance clause. (1971) A mortgage provi
sion giving the lender the option to accelerate the debt if
the borrower further mortgages the real estate without
the lender's consent . All state laws on the enforcement
of due-ori-sale clauses have been preempted, and the
subject is now governed exclusively by the Garn Act. 12
USCA  170Ij-3. [Cases: Mortgages (:::::J403.]
due-on-sale clause. (1967) A mortgage provision that
gives the lender the option to accelerate the debt if the
borrower transfers or conveys any part of the mort
gaged real estate without the lender's consent. [Cases:
Mortgages (;=c403.)
due posting. (1893) 1. The stamping and placing ofletters
or packages in the U.S. mail. [Cases: Postal Service
(:::::J 15.) 2. 'Ihe proper entry ofan item into a ledger. 3.
Proper publication; proper placement of an item (such
as an announcement) in a particular place, as on a par
ticular wall.
due process. (16c) The conduct of legal proceedings
according to established rules and principles for the
protection and enforcement of private rights, including
notice and the right to a fair hearing before a tribunal
with the power to decide the case. Also termed due
process oflaw; due course oflaw. See FUNDAMENTAL
FAIRNESS DOCTRINE. [Cases: Constitutional Law
3840-4841.]
"The words 'due process' have a precise technical import,
and are only applicable to the process and proceedings
of the courts of justice; they can never be referred to an
act of legislature." Alexander Hamilton, Remarks on an
Act for Regulating Elections, New York Assembly, 6 Feb.
1787, in 4 Papers ofAlexander Hamilton 34. 35 (Harold C.
Syrett ed., 1962).
'The words, 'due process of law,' were undoubtedly
intended to convey the same meaning as the words, 'by
the law of the land: in Magna Charta." Murray's Lessee v.
Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272,
276 (1856) (CurtiS, J.).
"Due process of law in each particular case means, such
an exertion of the powers of government as the settled
maxims of law sanction, and under such safeguards for the
protection of individual rights as those maxims prescribe
for the class of cases to which the one in question belongs."
Thomas M. Cooley, A Treatise on the Constitutional Limita
tions 356 (1868).
"An elementary and fundamental requirement of due
process in any proceeding which is to be accorded finality
is notice reasonably calculated, under all the circum
stances, to apprise interested parties of the pendency
of the action and afford them an opportunity to present
their objections .... The notice must be of such nature as
reasonably to convey the required information." Mullane
V. Central Hanover Bank &Trust Co., 339 U.s. 306, 314,


V. Central Hanover Bank &Trust Co., 339 U.s. 306, 314, 70
S.Ct. 652, 657 (1950) Uackson,J.). economic substantive due process. (1957) The doctrine
that certain social policies, such as the freedom of
contract or the right to enjoy property without inter
ference by government regulation, exist in the Due
Process Clause ofthe 14th Amendment, particularly
in the words "liberty" and "property."
procedural due process. (1934) The minimal require
ments ofnotice and a hearing guaranteed by the Due
Process Clauses of the 5th and 14th Amendments,
esp. if the deprivation of a significant life, liberty, or
property interest may occur . The Supreme Court
has ruled that the fundamental guarantees of due
process apply to children as well as to adults and that
they apply in situations in which a juvenile may be
deprived ofliberty even though the juvenile proceed
ings may be labeled civil rather than criminal. In re
Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). In that case, the
Court held that an accused child was entitled to notice
of the charges, the privilege against self-incrimina
tion, the right to confront witnesses, and the right to
summon witnesses on his or her own behalf. Justice
Abe Fortas wrote the majority opinion in Gault, and
Chief Justice Earl Warren predicted that it would
come to be called the "Magna Carta for juveniles."
[Cases: Constitutional Law (:::::J386i.J
substantive due process. (1933) The doctrine that the
Due Process Clauses ofthe 5th and 14th Amendments
require legislation to be fair and reasonable in content
and to further a legitimate governmental objective.
[Cases: Constitutional Law (;=c3892.]
Due Process Clause. (1890) The constitutional provision
that prohibits the government from unfairly or arbi
trarily depriving a person of life, liberty, or property.
 There are two Due Process Clauses in the U.S. Con
stitution, one in the 5th Amendment applying to the
federal government, and one in the 14th Amendment
applying to the states (although the 5th Amendment's
Due Process Clause also applies to the states under
the incorporation doctrine). Cf. EQUAL PROTECTION
CLAUSE. [Cases: Constitutional Law (;=c 3840-4841.]
due process oflaw. See DUE PROCESS.
due-process rights. (1930) The rights (as to life, liberty,
and property) so fundamentally important as to require
compliance with due-process standards offairness and
justice. See DUE PROCESS; DUE PROCESS CLAUSE; FUN
DAMENTAL-FAIRNESS DOCTRINE.
due proof. Sufficient and properly submitted evidence
to produce a result or support a conclusion, such as
an entitlement to benefits supported by an insur
ance policy . The evidence need not be the best proof
possible. Metropolitan Life Ins. Co. v. Frisch, 65 N.E. 2d
852,855 (Ind. App. 1946).
Duhig rule. Oil & gas. A rule of title interpretation devel
oped to deal with the common problem of overcon
veyance offractional interests by giving priority to the
granted interest over the reserved interest. Duhig v.
Peavy Moore Lumber Co., Inc., 144 S.W.2d 878 (Tex.
1940). The rule is not accepted in all states and is

DUI 	 576
generally limited to conveyances by warranty deed.
[Cases: Mines and Minerals C=:>55(4), 55(7).]
DUI. abbr. DRIVING UNDER THE INFLUENCE.
DUlL. abbr. Driving under the influence of liquor. See
DRIVING UNDER THE INFLUENCE.
duke. 1. A sovereign prince; a ruler of a duchy. 2. The
first order of nobility in Great Britain below the royal
family.
;'But after the Norman conquest, which changed the military
policy of the nation, the kings themselves continuing for
many generations dukes of Normandy, they would not
honour any subjects with that title, till the time of Edward
III; who, claiming to be the king of France, and thereby
losing the ducal in the royal dignity, in the eleventh year
of his reign created his son, Edward the black prince, duke
of Cornwall: and many, of the royal family espeCially, were
afterwards raised to the honour. However, in the reign of
queen Elizabeth, A.D. 1572, the whole order became utterly
extinct: but it was revived about fifty years afterwards by
her successor, who was remarkably prodigal of honours,
in the person of George Villiers duke of Buckingham." 1
William Blackstone, Commentaries on the Laws of England
385 (1765).
Duke ofExeter's Daughter. A torture rack in the Tower
ofLondon, named after the Duke ofExeter, Henry VI's
minister who assisted in introducing it to England.
Also termed brake.
"The rack ... to extort a confession from criminals, is a
practice of a different nature .... And the trial by rack is
utterly unknown to the law of England; though once when
the dukes of Exeter and Suffolk. , , had laid a design to
introduce the civil law into this kingdom as the rule of
government, for a beginning thereof they erected a rack for
torture; which was called in derision the duke of Exeter's
daughter, and still remains in the tower of london: where
it was occasionally used as an engine of state, not of law,
more than once in the reign of queen Elizabeth." 4 William
Blackstone, Commentaries on the Laws ofEngland 320-21
(1769).
Duke of York's Laws. A body oflaws compiled in 1665
by Governor Nicholls for the more orderly govern
ment of the New York colony . The laws were gradu
ally extended to the entire province.
dulocracy (d[y]oo-lok-r<l-see), n. [fro Greek doulos
"servant" + kratein "to rule"] A government in which
servants or slaves have so many privileges that they
essentially rule. -Also spelled doulocracy.
duly, adv. In a proper manner; in accordance with legal
requirements.
dum (d<lm). [Latin] While; provided that.
dumb bidding. An auction bidding process in which the
minimum acceptance price is placed under the object
for sale -unbeknownst to the bidders -and no bids
are accepted until they meet that price . Dumb bidding
was initially intended to avoid the taxes imposed on
auction sales by the statute of 1779, 19 Geo. 3, ch. 56,
 5-6, but the courts determined that the practice was
fraudulent. [Cases: Auctions and Auctioneers C=:>7.J
dum fervet opus (d<lm f;lr-vet oh-p<ls). [Latin] While the
action is fresh; in the heat of action . This term usu.
referred to matters oftestimony. dumfuit infra aetatem (d<lm fyoo-it in-fra ee-tay-t<lm),
n. [Law Latin "while he was within age"] Hist. A writ
allowing a person of full age to recover lands feoffed
while the person was an infant.  'Ihe remedy was also
available to the person's heirs. It was later replaced by
the action of ejectment. See EJECTMENT.
dum fuit in prisona (dam fyoo-it in priz-<l-na), n. [Law
Latin "while he was in prison"] Hist. A writ restoring a
man to his estate after he transferred the estate under
duress of imprisonment. See DURESS OF IMPRISON
MENT.
dummodo (dilm-<l-doh). [Latin] So that; provided that.
 This term was used as a limitation in conveyances,
as in dummodo so/verit talem redditum (dilm-<l-doh
sol-v<l-rit tay-Iem red-i-t<lm), meaning "provided he
shall pay such a rent."
dummodo constet de persona (dilm-<l-doh kon-stet dee
par-soh-n<l). [Latin] Hist. Provided it be evident who is
the person meant. See CONSTAT DE PERSONA.
dummodo vassalli conditio non sit deterior (d;lm-a
doh vas-<l-h k<ln-dish-ee-oh non sit di-teer-ee-or).
[Law Latin] Rist. Provided the vassal's condition be
not made worse . The phrase was used as a limitation
in a conveyance. See DUMMODO.
dummy. 	 adj. (1846) Sham; make-believe; pretend
<dummy corporation>.
dummy, n. (1866) 1. A party who has no interest in a
transaction, but participates to help achieve a legal goal.
2. A party who purchases property and holds legal title
for another. Cf. STRAW MAN (3).
dummy corporation. See CORPORATION.
dummy director. See DIRECTOR.
dummy shareholder. See SHAREHOLDER.
dum non fuit compos mentis (dC)m non fyoo-it kom-p<ls
men-tis), n. [l.aw Latin "while he was of unsound
mind"] Hist. A writ allowing heirs to recover an estate
transferred by someone of unsound mind.
dump, vb. 1. To drop (something) down, esp. in a heap; to
unload. 2. To sell (products) at an extremely low price;
specif., to sell (products) in a foreign market at a lower
price than at home.
dumping. (1857) 1. The act ofselling a large quantity of
goods at less than fair value. 2. Selling goods abroad at
less than the market price at horne. See ANTIDUMPING
LAW. [Cases: Environmental Law C=:>353, 354.]
"Dumping involves selling abroad at a price that is less than
the price used to sell the same goods at home (the 'normal'
or 'fair' value). To be unlawful, dumping must threaten or
cause material injury to an industry in the export market,
the market where prices are lower. Dumping is recognized
by most of the trading world as an unfair practice (akin
to price discrimination as an antitrust offense)." Ralph H,
Folsom & Michael W. Gordon, International BUSiness Trans
actions  6.1 (1995).
3. The disposal ofwaste matter into the environment.
[Cases: Environmental Law C=:>341.]
Dumping Act. A federal antidumping law requir
ing the Secretary of the Treasury to notify the U.S.

International Trade Commission (USITC) whenever
the Secretary determines that goods are likely to be sold
abroad at less than their fair value, so that the USITC
can take appropriate action. 19 USCA  1673. [Cases:
Customs Duties ~21.5.]
dump-truck lawyer. Slang. A public defender who spends
little time or effort and exhibits little skill mounting
a defense on behalf of an indigent defendant. -This
derogatory term arises from criminal defendants'
common perception (typically a misperception) that
public defenders prefer to dump cases by making plea
bargains rather than spend time preparing for trial.
People v .. Clark, 833 P.2d 561, 590 (Cal. 1992); People
v. Huffman, 139 Cal. Rptr. 264, 267 n.2 (Cal. App.
1977).
dum se bene gesserit (d;,m see bee-nee jes-dr-it). [Latin
"while he behaves himself properly"jllist. During good
conduct. Cf. QUAMDIU BENE SE GESSERINT.
dum sola (d;!m soh-I;!). [Latin] While Single. _ This
phrase was used to limit conveyances, esp. to women,
as in dum sola fuerit ("while she remains single"), dum
sola et casta vixerit ("while she remains single and
chaste"), and dum sola et casta ("while she is unmar
ried and lives chastely").
dun (d;,n), vb. (17c) To demand payment from (a delin
quent debtor) <his creditors are dunning him daily>.
dun, n.
Dunaway hearing. (1983) Criminal law. A pretrial
hearing to determine whether evidence was obtained
in violation ofFourth Amendment protections against
unreasonable search and seizure. -The name derives
from Dunaway v. New York, 442 U.S. 200,99 S.Ct. 2249
(1979). [Cases: Criminal Law ~394.6(5),]
dungeon. 1. The bottom part of a fortress or tower, often
used as a prison. Also termed dungeon-keep. 2. A
dark underground prison.
duunage (d<ln-ij). Anything, esp. pieces of wood, that
are put underneath or between cargo on a vessel to
prevent the cargo from bruising or getting wet from
water leaking into the hold. [Cases: Shipping 110.J
duodecemvirale judicium (d[yJoo-oh-des-am-vd-ray-lee
joo-dish-ee-;,m). [Latin] A trial by 12 persons; a trial
by jury.
duodecima manus (d[yJoo-oh-des-;!-m;, man-;,s). [Latin]
Twelve men.
"The manner of waging and making law is this. He that
has waged, or given security, to make his law, brings with
him into court eleven of his neighbours: ... for by the
old Saxon constitution every man's credit in courts of law
depended upon the opinion which his neighbours had of
his veracity, The defendant then, standing at the end of the
bar, is admonished by the judges of the nature and danger
of a false oath .. , . And thereupon


the
bar, is admonished by the judges of the nature and danger
of a false oath .. , . And thereupon his eleven neighbours
or compurgators shall avow upon their oaths that they
believe in their consciences that he saith the truth .... It is
held indeed by later authorities, .. that fewer than eleven
compurgators will do: but Sir Edward Coke is positive that
there must be this number ... for as wager of law is equiva
lent to a verdict in the defendant's favor, it ought to be
established by the same or equal testimony, namely, by
the oath of twelve men. And so indeed Glanvil expresses it, ... ,'jurabit duodecima manu' ... ."' 3 William Blackstone,
Commentaries on the Laws ofEngland 343 (1768).
duodena (d[y]oo-a-dee-na). [LatinJ 1. A jury of twelve.
2. A dozen of anything.
duopoly (d[y]oo-op-a-Iee). A market in which there are
only two sellers of a product,
duopsony (d[y]oo-op-s;!-nee). A market in which there
are only two buyers of a product.
duoviri 	 (d[y]oo-oh-v;,-n or d[y]oo-oh VI-rI). See
DUUMVIRI.
duplex querela (q[yJoo-pleks kWd-ree-l;,). 1. Hist. Eccles.
law. An appeal by a clerk to the archbishop in response
to the bishop's delaying or wrongfully refusing to do
justice. 2. Eccles. law. An appeal to a person's immediate
superior, as when a bishop appeals to an archbishop.
Also termed double quarrel; double complaint.
duplex valor maritagii (d[y]oo-pleks val-dr mar-d-tay
jee-I), n. [Law Latin "double the value of a marriage"]
Hist. A ward's forfeiture of double the value of a
marriage made without the guardian's consent. -In
the quotation that follows, Blackstone uses the accu
sative form (duplicem valorem maritagii) because the
phrase follows the verb forfeited.
"For, while the infant was in ward, the guardian had the
power of tendering him or her a suitable match, without dis
paragement, or inequality: which if the infants refused, they
forfeited the value of the marriage. , . to their guardian;
that is, 50 much as ajury would assess, or anyone would
bona fide give to the guardian for such an alliance: ... and,
if the infants married themselves without the guardian's
consent, they forfeited double the value, dup/icem valorem
maritagii. This seems to have been one of the greatest
hardships of our ancient tenures."' 2 William Blackstone,
Commentaries on the Laws ofEngland 70 (1766).
duplicate (d[y]oo-pli-kit), n. (16c) 1. A reproduction of
an original document having the same particulars and
effect as the original. See Fed. R. Evid. 101(4).2. A new
original, made to replace an instrument that has been
lost or destroyed. Also termed (in sense 2) duplicate
original. [Cases: Criminal Law C='399; Evidence
173.] duplicate (d[y]oo-pli-kit), adj.
"A 'duplicate' is defined for purposes of the best evidence
rule as a counterpart produced by the same impression
as the original, or from the same matrix, or by means of
photography including enlargements and miniatures, by
mechanical or electronic recording, by chemical reproduc
tion, or by other equivalent techniques which accurately
reproduce the original; copies subsequently produced
manually, either handwritten or typed, are not within this
definition." 29A Am. Jur. 2d Evidence  1085 (1994).
duplicate (d[y]oo-pli-kayt), vb. 1. To copy exactly <he
duplicated the original document>. 2. To double; to
repeat <she duplicated the performance>.
duplicate-claiming rejection. See REJECTION.
duplicate taxation. See double taxation under
TAXATION,
duplicate will. See WILL.
duplicatio (d[y]oo-pli-kay-shee-oh), n. [fro Latin dupli
care "to double"] 1. Roman & civil law. A defen
dant's answer to the plaintiffs replication, similar to

578 duplicative
a rejoinder in common law. -Also termed (in Scots
law) duply. See REPLICATION. 2. The fourth in a series.
3. A duplication ofa transaction.
duplicative (doo-plik-~-tiv also doo-pli-kay-tiv), adj. 1.
Having or characterized by having overlapping content,
intentions, or effect <duplicative sources> <duplica
tive evidence> <duplicative regulations>. 2. Duplicate;
having or characterized by having identical content
<duplicative database> <duplicative backup>.
duplicatum jus (d[y]oo-pli-kay-t~m jas), n. (Law Latin
double right"] A double right, such as droit droit (both
the "right ofpossession and right of property").
duplicito~s (d[y]oo-plis-i-t~s), adj. 1. (Of a person)
deceitful; double-dealing. 2. (Of a pleading, esp. an
indictment) alleging two or more matters in one plea;
characterized by double pleading.
duplicitous appeal. See APPEAL.
duplicitous indictment. See INDICTMENT.
duplicitous information. See INFORMATION.
duplicity (d[y]oo-plis-i-tee), n. (15c) I. Deceitfulness;
double-dealing. 2. The charging of the same offense
in more than one count of an indictment. 3. The
pleading oftwo or more distinct grounds of complaint
or defense for the same issue . In criminal procedure,
this takes the form ofjoining two or more offenses in
the same count ofan indictment. -Also termed double
pleading. Cf. alternative pleading under PLEADING (2);
double plea under PLEA (3). (Cases: Federal Civil Pro
cedure C=>675; Indictment and Information
Pleading
duplum (d[y]oo-pl~m). [Latin] Roman & civil law. Double
the price of something; esp., a measure of damages
equal to double a thing's value . This measure was
used for certain delicts. Cf. SIMPLUM.
duply. See DUPLICATIO (1).
durable goods. See GOODS.
durable lease. See LEASE.
durable power ofattorney. See POWER OF ATTORNEY.
durables. See durable goods under GOODS.
durante (d[y]~-ran-tee). [Law Latin] While; during, as
in durante minore aetate ("durin minority"), durante
viduitate ("during widowho , durante virginitate
("during virginity"), and durante vita ("during life").
 The term was often used in conveyancing.
durante absentia (d(y]~-ran-tee ab-sen-shee-<'l). [Law
Latin] During absence. This term referred to the
administration ofan estate while the executor was out
of the county or otherwise absent. During the execu
tor's absence, the administration sometimes contin
ued because a delay until the executor's return would
impair the estate settlement.
durante bene placito (d[y]<'l-ran-tee bee-nee plas-~-toh).
[Law Latin] During good pleasure . This phrase was
used in the royal writ granting tenure durante bene
placito to the king' judges. durante furore (d[y]<'l-ran-tee fyuu-ror-ee). [Law Latin]
Hist. While the insanity endures. _ The phrase appeared
in reference to the rule prohibiting the state from pros
ecuting an insane person. Ihe state could, however,
prosecute the person once the insanity ended.
duration. (14c) 1. The length of time something lasts
<the duration ofthe lawsuit>.
duration ofinterest. The length of time a property
interest lasts.
duration oftrust. The length of time a trust exists.
[Cases: Trusts C=>60.J
2. A length of time; a continuance in time <an hour's
duration>.
durational-residency requirement. (1970) 1he require
ment that one be a state resident for a certain time, such
as one year, as a precondition to the exercise ofa sped
fied right or privilege. -When applied to voting, this
requirement has been held to be an unconstitutional
denial of equal protection because it burdens voting
rights and impairs the fundamental personal right of
travel.
Duration Directive. See DIRECTIVE HARMONIZING THE
TERM OF COPYRIGHT AND CERTAIN RELATED RIGHTS.
Duren test. (1980) Constitutional law. A test to determine
whether a jury's composition violates the fair-cross
section requirement and a criminal defendant's Sixth
Amendment right to an impartial jury. Under the
test, a constitutional violation occurs if(1) a distinctive
group is not fairly and reasonably represented in the
jury pool in relation to its population in the community,
(2) the underrepresentation is the result of a systematic
exclusion ofthe group from the jury-selection process,
and (3) the government cannot reasonably justify the
discrepancy. Duren v. Missouri, 439 U.S. 357, 99 S.O.
664 (1979). See FAIR-CROSS-SECTION REQUIREMENT;
STATISTICAL-DECISION THEORY; ABSOLUTE DISPARITY;
COMPARATIVE DISPARITY. (Cases: JuryC=>33(1.1).J
duress (d[y]uu-res). (13c) 1. Strictly, the physical con
finement of a person or the detention of a contracting
party's property . In the field of torts, duress is con
sidered a species of fraud in which compulSion takes
the place of deceit in causing injury.
"Duress consists in actual or threatened violence or impris
onment; the subject of it must be the contracting party
himself, or his wife, parent, or child; and it must be inflicted
or threatened by the other party to the contract, or else
by one acting with his knowledge and for his advantage."
William R. Anson, PrinCiples of the Law ofContract 261-62
(Arthur l. Corbin ed., 3d Am. ed. 1919).
"Few areas of the law of contracts have undergone such
radical changes in the nineteenth and twentieth centuries
as has the law governing duress. In Blackstone's time relief
from an agreement on grounds of duress was a possibility
only if it was coerced by actual (not threatened) imprison
ment or fear of loss of life or limb. 'A fear of battery ... is no
duress; neither is the fear of having one's house burned, or
one's goods taken away or destroyed': he wrote, 'because
in these cases, should the threat be performed, a man may
have satisfaction by recovering equivalent damages: but
no SUitable atonement can be made for the loss of life, or
limb: Today the general rule is that any wrongful act or

579
threat which overcomes the free will of a party constitutes
duress. This simple statement of the law conceals a number
of questions, particularly as to the meaning of 'free will'
and 'wrongful.'" John D. Calamari &Joseph M. Perillo, The
Law ofContracts  9-2, at 337 (3d ed. 1987).
2. Broadly, a threat of harm made to compel a person
to do something against his or her will or judgment;
esp., a wrongful threat made by one person to compel
a manifestation of seeming assent by another person
to a transaction without real volition . A marriage
that is induced by duress is generally voidable. 3. The
use or threatened use of unlawful force -usu. that a
reasonable person cannot resist -to compel someone
to commh an unlawful act . Duress is a recognized
defense to a crime, contractual breach, or tort. See
Model Penal Code  2.09. See COERCION.
"[In most states,] the age-old rule of duress -that the
dOing of a prohibited act is not a crime if reasonably
believed to be necessary to save from death or great bodily
injury -together with the equally ancient exception in the
form of the 'inexcusable choice,' are as firm today as ever
except for the realization that they cover only part of the
field." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
1064 (3d ed. 1982).
"Among defenses, necessity needs to be distinguished
from duress. Necessity is generally regarded as a justifi
cation, while duress is held to be an excuse. This means
that the person who acts under necessity chooses to act
in a way that the law Ultimately approves. The person who
acts under duress acts in a way that the law disapproves
and seeks to discourage, but he acts under circumstances
which make conviction and punishment inappropriate and
unfair. This is so because to act under duress is to act under
pressures that a person of reasonable firmness would not
be able to resist. Thus, both the theory of necessity and
the theory of duress refer to the pressure of exigent and
extraordinary situations, but they do so in different ways."
Thomas Morawetz, "Necessity," in 3 Encyclopedia ofCrime
and justice 957, 959 (Sanford H. Kadish ed., 1983).
duress ofcircumstances. See NECESSITY (1).
duress ofgoods. 1. The act ofseizing personal property
by force, or withholding it from an entitled party, and
then extorting something as the condition for its
release. 2. Demanding and taking personal property
under color oflegal authority that either is void or for
some other reason does not justify the demand.
duress ofimprisonment. The wrongful confining of a
person to force the person to do something.
duress of the person. Compulsion of a person by
imprisonment, by threat, or by a show of force that
cannot be resisted


person. Compulsion of a person by
imprisonment, by threat, or by a show of force that
cannot be resisted.
duress per minas (par mI-nas). [Law Latin) Duress by
threat ofloss of life, loss of limb, mayhem, or other
harm to a person.
"Duress per minas is either for fear of loss of life, or else for
fear of mayhem, or loss of limb. And this fear must be upon
sufficient reason .... A fear of battery, or being beaten,
though never so well grounded, is no duress; neither is the
fear of having one's house burned, or one's goods taken
away and destroyed; because in these cases, should the
threat be performed, a man may have satisfaction by recov
ering equivalent damages: but no suitable atonement can
be made for the loss of life, or limb." 1 William Blackstone,
Commentaries on the Laws of England 127 (1765). Dutch-auction tender method
"Duress per minas is a very rare defence; so rare that Sir
James Stephen, in his long forensic experience, never saw
a case in which it was raised. It has, however, been thought
that threats of the immediate infliction of death, or even of
grievous bodily harm, will excuse some crimes that have
been committed under the influence of such threats." J.w.
Cecil Turner, Kenny's Outlines of Criminal Law 58 (16th
ed. 1952).
economic duress. (1929) An unlawful coercion to
perform by threatening financial injury at a time
when one cannot exercise free will. -Also termed
business compulsion.
"Courts have shown a willingness to recognize the concept
of 'economic duress.' For instance it has been held that
a defence on these grounds may be available to the pur
chaser of a ship from a shipbuilder, if the latter extracts a
promise of extra payment as a condition of delivery of the
ship." P.S. Atiyah, An Introduction to the Law of Contract
230 (3d ed. 1981).
moral duress. An unlawful coercion to perform by
unduly influencing or taking advantage of the weak
financial position ofanother. Moral duress focuses
on the inequities of a situation while economic duress
focuses on the lack of will or capacity of the person
being influenced.
Durham (dilr-am). One ofthe three remaining county
palatines in England, the others being Chester and Lan
caster. Its jurisdiction was vested in the Bishop of
Durham until the statute 6 & 7 WilL 4, ch. 19 vested it
as a separate franchise and royalty in the Crown. The
jurisdiction of the Durham Court of Pleas was trans
ferred to the Supreme Court of Judicature by the Judi
cature Act of 1873, but Durham continued to maintain
a Chancery Court according to the Palatine Court of
Durham Act of 1889. See COUNTY PALATINE.
Durham rule. Criminal law. A test for the insanity
defense, holding that a defendant is not criminally
responsible for an act that was the product of mental
disease or defect (Durham v. United States, 214 P.2d
862 (D.C. Cir. 1954). Formerly used in New Hamp
shire and the District of Columbia, the Durham rule
has been criticized as being too broad and is no longer
accepted in any American jurisdiction. Also termed
product test. See INSANITY DEFENSE. [Cases: Criminal
Law~48.l
Durrett rule. Bankruptcy. 1he principle that a transfer of
property in exchange for less than 70% of the property's
value should be invalidated as a preferential transfer.
Durrett v. Washington Nat'l Ins. Co., 621 F.2d 201 (5th
Cir. 1980); 11 USCA  548. This rule has been applied
most frequently to foreclosure sales. But it has essen
tially been overruled by the U.S. Supreme Court, which
has held that, at least for mortgage foreclosure sales,
the price received at a regularly conducted, noncol
lusive sale represents a reasonably equivalent value of
the property, and the transfer is presumed valid. BFP
v. Resolution Trust Corp., 511 U.S. 531, 114 S.Ct. 1757
(1994). [Cases: Bankruptcy C---::::> 2650.)
Dutch auction. See AUCTION.
Dutch-auction tender method. See Dutch auction (3)
under AUCTION.

580 Dutch lottery
Dutch lottery. See LOTTERY.
dutiable (d[y]oo-tee-Cl-bClI), adj. Subject to a duty
<dutiable goods>.
duty. (Be) 1. A legal obligation that is owed or due to
another and that needs to be satisfied; an obligation for
which somebody else has a corresponding right.
"There is a duty if the court says there is a duty; the law, like
the Constitution, is what we make it. Duty is only a word
with which we state our conclusion that there is or is not to
be liability: it necessarily begs the essential question ....
[M)any factors interplay: the hand of history, our ideas of
morals and justice, the convenience of administration of
the rule, and our social ideas as to where loss should fall."
William L. Prosser, Paisgraf Revisited, 52 Mich. L. Rev. 1,
15 (1953).
"A classic English definition [of duty] from the late nine
teenth century holds that, when circumstances place one
individual in such a position with regard to another that
thinking persons of ordinary sense would recognize the
danger of injury to the other if ordinary skill and care were
not used, a duty arises to use ordinary skill and care to
avoid the injury. A much quoted American judicial defi
nition of duty emphasizes its relational aspects, with a
focus on the foreseeability of risk to those 'Within the
range of apprehension.' At about the same time, one of
the most creative of American law teachers defined duty as
a complex of factors, including administrative, economic,
and moral ones, to be applied by judges in their analyses
of the legal strength of personal injury cases." Marshall S.
Shapo, The Duty to Actxi-xii (1977).
"While courts frequently say that establishing 'duty' is
the first prerequisite in an individual tort case, courts
commonly go on to say that there is a 'general duty' to
'exercise reasonable care,' to avoid subjecting others to
'an unreasonable risk of harm,' or to comply with the
'legal standard of reasonable conduct.' Though cast in
the language of duty, these formulations merely give the
expression to the point that negligence is the standard of
liability." Restatement (Third) of Torts  6 cmt. a (Discus
sion Draft 1999).
absolute duty. 1. A duty to which no corresponding
right attaches . According to John Austin's legal phi
losophy, there are four kinds of absolute duties: (1)
duties not regarding persons (such as those owed to
God and to lower animals), (2) duties owed to persons
indefinitely (Le., to the community as a whole), (3)
self-regarding duties (such as the duty not to commit
suicide), and (4) duties owed to the sovereign. 1 John
Austin, The Providence ofJurisprudence Determined
400 (Sarah Austin ed., 2d ed. 1861). 2. A duty as to
which nothing but lapse of time remains necessary
to make immediate performance by the promisor
obligatory.
active duty. See positive duty.
affirmative duty. A duty to take a positive step to do
something.
conditional duty. A duty that is conditioned on the
occurrence of an event other than the lapse oftime.
contractual duty. 1. A duty ariSing under a particular
contract. [Cases: Contracts C:>1.) 2. A duty imposed
by the law ofcontracts.
delegable duty. (1908) A duty that may be transferred
to another to perform. See ASSIGNMENT. duty to act. (17c) A duty to take some action to prevent
harm to another, and for the failure of which one may
be liable depending on the relationship ofthe parties
and the circumstances. [Cases: Negligence ~210.1
duty to defend. Insurance. The obligation ofan insurer
to provide an insured with a legal defense against
claims of liability, within the terms of the policy. _
The duty to defend applies if the terms of the policy
and the facts of the claim allow an ambiguity about
whether the insurer will have a duty to indemnify the
insured. It does not apply if no such ambiguity exists.
[Cases: Insurance ~2911.)
duty to indemnify. An obligation to compensate
another for the other's loss . The duty arises under
the terms of an agreement, which governs the extent
of the duty. An insurance policy is fundamentally
an indemnification agreement, but the duty is often
made a part of other contracts as well. [Cases: Indem
nity~25, 31-39; Insurance ~2092, 2268.]
duty to settle. Insurance. The obligation of an insurer
to negotiate and settle third-party claims against an
insured in good faith.
duty to speak. (16c) A requirement (not strictly a duty)
to say something to correct another's false impres
sion. For example, a duty to speak may arise when
a person has, during the course of negotiations, said
something that was true at the time but that has
ceased to be true before the contract is Signed. [Cases:
Fraud
equitable duty. A duty enforceable in a court of
chancery or in a court having the powers of a court
in chancery.
imperfect duty. 1. A duty that, though recognized by
law, is not enforceable against the person who owes
it. 2. A duty that is not fit for enforcement but should
be left to the discretion and conscience ofthe person
whose duty it is.
implied duty ofcooperation. A duty existing in every
contract, obligating each party to cooperate with, or
at least not to wrongfully hinder, the other party's
performance . Breach of this implied duty excuses
performance. [Cases: Contracts ~168.)
legal duty. (17c) A duty arising by contract or by opera
tion of law; an obligation the breach ofwhich would
give a legal remedy <the legal duty of parents to
support their children>.
moral duty. A duty the breach of which would be a
moral wrong. Also termed natural duty.
negative duty. A duty that forbids someone to do some
thing; a duty that requires someone to abstain from
something. -Also termed passive duty.
noncontractual duty. A duty that arises independently
of any contract.
nondelegable duty (non-del-;J-g;J-bCll). (1902) 1. Con
tracts. A duty that cannot be delegated by a contract
ing party to a third party. -Ifa contracting party
purports to delegate the duty, the other party can

rightfully refuse to accept performance by the third
party. [Cases: Assignments 19; Principal and
Agent C=>S4.]2. Torts. A duty that may be delegated to
an independent contractor by a principal, who retains
primary (as opposed to vicarious) responsibility if
the duty is not properly performed . For example, a
landlord's duty to maintain common areas, though
delegated to a service contractor, remains the land
lord's responsibility ifsomeone is injured by improper
maintenance. [Cases: Labor and Employment c=>
2848,3133; Landlord and Tenant C=>162; Negligence
C=> 1204(1).]
passive duty. See negative duty.
perfect duty. A duty that is not merely recognized by
the law but is actually enforceable.
positive duty. A duty that requires a person either to
do some definite action or to engage in a continued
course of action. Also termed active duty.
preexisting duty. (1823) A duty that one is already
legally bound to perform. See PREEXISTING-DUTY
RULE.
quasi-judicial duty. A discretionary judicial duty that
a nonjudicial officer may perform under some cir
cumstances.
2. Any action, performance, task, or observance owed
by a person in an official or fiduciary capacity.
discretionary duty. A duty that allows a person to
exercise judgment and choose to perform or not
perform. Cf. ministerial duty.
duty ofcandor (kan-d<lr). A duty to disclose material
facts; esp., a duty of a director seeking shareholder
approval of a transaction to disclose to the sharehold
ers all known material facts about the transaction.
[Cases: Corporations C=>307, 312(5).]
duty ofcandor andgood faith. Patents. A patent appJi
cant's responsibility to disclose to the U.S. Patent and
Trademark Office all known information relevant to
the invention's patentability, esp. prior art, novelty,
and embodiment.  If an applicant fails to be candid
in disclosing all relevant information, the PTO may
reject the application. If the patent is issued and
undisclosed but relevant information is discovered
later, the patent may be invalidated, and the applicant
charged with fraud on the PTO, even if the undis
closed information might not have barred the patent's
issuance. 37 CFR 1.56. [Cases; Patents C=>97.]
duty offair representation. A labor union's duty to
represent its member employees fairly, honestly, and
in good faith. [Cases: Labor and Employment
l207.]
duty ofgood faith and fair dealing. A duty that is
implied in some contractual relationships, requir
ing the parties to deal with each other fairly, so that
neither prohibits the other from realizing the agree
ment's benefits. See GOOD FAITH; BAD FAITH. [Cases:
Contracts C'~:, 168.] duty ofloyalty. A person's duty not to engage in self
dealing or otherwise use his or her position to further
personal interests rather than those of the beneficiary.
 For example, directors have a duty not to engage in
self-dealing to further