TESTATORIS.
de bonis testatoris (dee boh-nis tes-t.:l-tor-is), n. [Law
Latin "of the goods of the testator"J Hist. A judgment
awarding execution on a testator's property, rather
than the individual property of an administrator. Cf.
DE BONIS PROPRIIS.
de bonis testatoris ac si (dee boh-nls tes-t.:l-tor-is ak sIlo
[Law Latin "from the goods of the testator if he has
any, and if not, from those of the executor"]. Hist. A
judgment holding an executor responsible if the testa
tor's estate is insufficient or if the executor falsifies a
pleading as a release.
de bonne memoire (d.:l bawn mem-wahr). [Law French]
Of sound mind; of good memory. Also spelled
de bone memorie. See MIND A:srD MEMORY; COMPOS
MENTIS.
de bono et malo (dee boh-noh et mal-oh), n. [Law Latin
"for good and evil"] Hist. 1. For good and evil. A
criminal defendant indicated full submission to the
jury's verdict by placing himself or herself at the jury's
mercy de bono et malo. Also termed de bien et de mal.
2. A special writ ofjail delivery issued by the justices of
assize to enable them to try all criminal defendants who
were in jail where the court traveled. Formerly, the
judges were required to issue a separate writ for every
prisoner. This was replaced by a general commission
ofjail delivery.
"[Tjhey have ... a commission of general gaol delivery;
which empowers them to try and deliver every prisoner,
who shall be in the gaol when the judges arrive at the circuit
town, whenever indicted, or for whatever crime committed.
It was anciently the course to issue special writs of gaol
delivery for each particular prisoner, which were called the
writs de bono et malo: but, these being found inconvenient
and oppressive, a general commission for all the prisoners
has long been established in their stead. So that, one way
or other, the gaols are cleared, and all offenders tried,
punished, or delivered, twice in every year: a constitution
of singular use and excellence." 4 William Blackstone, Com
mentaries on the Laws ofEngland 267 (1769).
de bono gestu (dee boh-noh jes-t[y]ool. [Law Latin] For
good behavior.
debt. (13c) 1. Liability on a claim; a specific sum of money
due by agreement or otherwise <the debt amounted to
$2,500>. 2. The aggregate ofall existing claims against
a person, entity, or state <the bank denied the loan
application after analyzing the applicant's outstand
debt>. 3. A nonmonetary thing that one person owes another, such as goods or services <her debt was
to supply him with 20 international first-class tickets
on the airline ofhis choice>. 4. A common-law writ by
which a court adjudicates claims involving fixed sums
ofmoney <he brought suit in debt>. Also termed (in
sense 4) writ ofdebt. [Cases: Debt, Action
'The action of debt lies where a party claims the recovery
of a debt; that is, a liquidated or certain sum of money due
him. The action is based upon contract, but the contract
may be implied, either in fact or in law, as well as express;
and it may be either a simple contract or a specialty. The
most common instances of its use are for debts: (a) Upon
unilateral contracts express or implied in fact. (b) Upon
quasi-contractual obligations having the force and effect
of simple contracts. (c) Upon bonds and covenants under
seal. (d) Upon judgments or obligations of record. (e) Upon
obligations imposed by statute." Benjamin j. Shipman,
Handbook of Common-Law Pleading  52, at 132 (Henry
Winthrop Ballantine ed., 3d ed. 1923).
active debt. Civil law. A debt due to another person.
ancestral debt. An ancestor's debt that an heir can be
compelled to pay.
antecedent debt. 1. Contracts. An old debt that may
serve as consideration for a new promise ifthe statute
oflimitations has run on the old debt. See PREEXIST
ING-DUTY RULE. [Cases: Contracts <8=>67.J 2. Bank
ruptcy. A debtor's prepetition obligation that existed
before a debtor's transfer of an interest in property.
 For a transfer to be preferential, it must be for or
on account of an antecedent debt. See PREFERENTIAL
TRANSFER. [Cases: Bankruptcy
bad debt. A debt that is uncollectible and that may be
deductible for tax purposes. [Cases: Jnternal Revenue
bonded debt. A debt secured by a bond; a business or
government debt represented by issued bonds.
community debt. A debt that is chargeable to the
community of husband and wife. See COMMUNITY
PROPERTY. [Cases: Husband and Wife
consumer debt. A debt incurred by someone primarily
for a personal, family, or household purpose. [Cases:
Bankruptcy C-=>2021.1.]
"What are 'consumer' debts? Section 101 (8) defines a
consumer debt as follows: 'consumer debt means debt
incurred by an individual primarily for a personal, family,
or household purpose.' The touchstone is the debtor's use
of the money. The nature of the collateral, the business of
the creditor and the form of the loan are all irrelevant. A
loan of $25,000 from a Credit Union to pay for a child's
education is a consumer debt, but the same loan used
to finance the opening of an accounting business is not
a consumer debt. This is so irrespective of the nature of
the collateral put up for the debt." David G. Epstein et aI.,
Bankruptcy  7-45, at 579 (1993).
contingent debt. A debt that is not presently fixed but
that may become fixed in the future with the occur
rence of some event.
convertible debt. A debt whose security may be changed
by a creditor into another form ofsecurity.
debt by simple contract. See simple-contract debt.
debt by special contract. See special-contract debt.

463
debt by specialty contract. See special-contract debt.
debt ofrecord. A debt evidenced by a court record, such
as a judgment.
desperate debt. 1. C'ncollectable debt. 2. A debt taken
on by one who is either insolvent or on the verge of
insolvency.
distressed debt. A debt instrument issued by a company
that is financially troubled and in danger of defaulting
on the debt, or in bankruptcy, or likely to default or
declare bankruptcy in the near future.
exigible debt. A liquidated and demandable debt; a
matured claim.
fixed debt. Generally, a permanent form of debt
commonly evidenced by a bond or debenture; long
term debt. -Also termed fixed liability.
flotJ-ting debt. Short-term debt that is continuously
renewed to finance the ongoing operations of a
business or government.
fraudulent debt. A debt created by fraudulent prac
tices.
funded debt. 1. A state or municipal debt to be paid out
of an accumulation of money or by future taxation.
[Cases: Municipal Corporations C:=>951.] 2. Secured
long-term corporate debt meant to replace short-term,
floating, or unsecured debt.
general debt. A governmental body's debt that is legally
payable from general revenues and is backed by the
full faith and credit of the governmental body. [Cases:
Municipal Corporations C:=>894.1
hypothecary debt. A lien on an estate.
individual debt. (usu. pI.) Debt personally owed by a
partner, rather than by the partnership. [Cases: Part
nership C:=> 144.]
installment debt. A debt that is to be repaid in a series
of payments at regular times over a specified period.
judgment debt. A debt that is evidenced by a legal
judgment or brought about by a successful lawsuit
against the debtor.
junior debt. See subordinate debt.
legal debt. A debt recoverable in a court oflaw.
liquidated debt. A debt whose amount has been deter
mined by agreement of the parties or by operation
oflaw.
liquid debt. A debt that is due immediately and uncon
ditionally.
long-term debt. Generally, a debt that will not come
due within the next year.
mutual debts. Cross-debts of the same kind and quality
between two persons. Cf. SETOFF (2).
national debt. See NATIONAL DEBT.
nondischargeable debt. (1908) A debt (such as one for
delinquent taxes) that is not released through bank
ruptcy. [Cases: BankruptcyC:=>3341-3378.] debt limitation
passive debt. A debt that, by agreement between the
debtor and creditor, is interest-free.
preferential debt. A debt that is legally payable before
others, such as an employee's wages.
privileged debt. A debt that has priority over other
debts ifa debtor becomes insolvent; a secured debt.
public debt. A debt owed by a municipal, state, or
national government. [Cases: Municipal Corpora
tions (;::,869.]
pure debt. See pure obligation under OBLIGATION.
secured debt. A debt backed by collateral.
senior debt. A debt that takes priority over other debts.
 Senior debts are often secured by collateral.
short-term debt. Collectively, all debts and other liabil
ities that are payable within one year. Also termed
current liability.
simple-contract debt. A debt that is either oral or
written but is not of record and not under seal.
Also termed debt by simple contract.
special-contract debt. A debt due, or acknowledged to
be due, by an instrument under seal, such as a deed of
covenant or sale, a lease reserving rent, or a bond.
Also termed debt by special contract; debt by specialty
contract; speCialty debt.
"Any contract in short whereby a determinate sum of money
becomes due to any person, and is not paid but remains in
action merely, is a contract of debt. And, taken in this light,
it comprehends a great variety of acquisition; being usually
divided into debts of record, debts by speCial, and debts
by simple contract:' 2 William Blackstone, Commentaries
on the Laws ofEngland 464 (1766).
subordinate debt. A debt that is junior or inferior to
other types or classes ofdebt. Subordinate debt may
be unsecured or have a low-priority claim against
property secured by other debt instruments. Also
termed junior debt.
unliquidated debt. A debt that has not been reduced
to a specific amount, and about which there may be
a dispute.
unsecured debt. A debt not supported by collateral or
other security.
debt adjustment. See DEBT POOLING.
debt capital. See CAPITAL.
debt consolidation. 1. See DEBT POOLING. 2. The replace
ment ofmultiple loans from one or more lenders with a
single loan from one lender, usu. with a lower monthly
payment and a longer repayment period.
debtee. Archaic. See CREDITOR (1).
debt-equity ratio. See DEBT-TO-EQUITY RATIO.
debt finandng. See FINANCING.
debt instrument. (1953) A written promise to repay a
debt, such as a promissory note, bill, bond, or com
mercial paper. [Cases: Bills and Notes (=28.]
debt limitation. A ceiling placed on borrowing by an
individual, business, or government.  The constitutions

of many states prohibit the states from incurring debt
in excess ofa stated amount. Other state constitutions
allow states to incur debt above a stated amount only
through a vote ofthe people. Also termed limitation
on indebtedness. [Cases: States C=> 115.]
debt of record. See DEBT.
debtor. (13c) L One who owes an obligation to another,
esp. an obligation to pay money. 2. Bankruptcy. A
person who files a voluntary petition or against
whom an involuntary petition is filed. -Also termed
bankrupt. lCases: Bankruptcy C=>222 1.]
"Section 101 [of the Bankruptcy Code] also introduces us
to the language of modern bankruptcy practice. It tells
us, for instance, that the person whom a bankruptcy case
concerns is a debtor. A person or a firm in bankruptcy is no
longer called a bankrupt. Although that word retains some
currency among lay people, among bankruptcy lawyers
it sounds old-fashioned and precious." Douglas G, Baird,
Elements ofBankruptcy 6 (2001 J.
3. Secured transactions. A person who either (I) has
a property interest other than a security interest
or other lien in collateral, even if the person is not
an obligor, or (2) is a seller of accounts, chattel paper,
payment intangibles, or promissory notes. t.:CC
 9-102(a)(28). -Abbr. Dr. Cf. CREDITOR. [Cases:
Secured Transactions 21.]
absconding debtor. (18c) A debtor who flees from credi
tors to avoid haVing to pay a debt . Absconding from
a debt was formerly considered an act ofbankruptcy.
See ACT OF BANKRUPTCY.
absent debtor. A debtor who lacks the intent to defraud
creditors but is beyond the geographic reach of
ordinary service of process.
account debtor. A person obligated on an account,
chattel paper,


geographic reach of
ordinary service of process.
account debtor. A person obligated on an account,
chattel paper, or general intangible. The UCC
exempts from the definition of account debtor a
person obligated to pay a negotiable instrument,
even if the instrument constitutes chattel paper. UCC
 9-102(a)(3).
common debtor. Scots law. A debtor whose property
has been arrested by more than one creditor.
concealed debtor. A debtor who hides from creditors,
usu. with the intent to defraud the creditors or to
avoid service of process, but does not leave the com
munity or move out of state.
joint debtor. One of two or more debtors jointly liable
for the same debt.
judgment debtor. See JUDGMENT DEBTOR.
new debtor. (ISc) Secured transactions. A person who
becomes bound as debtor under a security agree
ment previously entered into by another person. uec
 9-102(a)(56), 9-203(c).
solvent debtor. A debtor who owns enough property
to cover all outstanding debts and against whom a
creditor can enforce a judgment.
debtor-in-possession. (1806) Bankruptcy. A Chapter 11
or 12 debtor that continues to operate its business as
a fidUciary to the bankruptcy estate. With certain exceptions, the debtor-in-possession has all the rights,
powers, and duties of a Chapter 11 trustee, Abbr.
DIP. [Cases: BankruptcyC:-=3622, 3672.]
debtor rehabilitation. See REHABILITATION (3).
Debtor's Act of 1869. An English statute that, among
other things, (1) abolished imprisonment for debt
except in certain cases, as when a debtor owed a debt
to the Crown or a debtor had money but refused to pay
a debt, (2) abolished arrest by mesne process, that is,
by compelling the defendant to appear and give bail
unless it was believed that the defendant would leave
the country, (3) made it a misdemeanor to obtain credit
under false pretenses or to defraud creditors, and (4)
defined how warrants and judgment orders would be
executed.
debtor's examination. Bankruptcy. A meeting between a
debtor and his or her creditors during which the credi
tors ask the debtor questions designed to uncover infor
mation about the location and extent of the debtor's
assets and the dischargeability ofdebts. The examina
tion may be conducted under  343 ofthe Bankruptcy
Code or Rule 2004 ofthe Federal Rules of Bankruptcy
Procedure. The bankruptcy trustee may be present
and preside over the initial  343 examination, which
is held shortly after the bankruptcy filing. But the party
(usu. a creditor) who requests a Rule 2004 examination
presides over the meeting, which can be held at any
time. See 11 USCA  343; Fed. R. Bankr. P. 2004, [Cases:
Bankruptcy (;:-c3040.1-3048.]
debtor's petition. See voluntary petition under
PETITION.
debtor's property. See PROPERTY OF THE DEBTOR.
debt pooling. (1957) 1. Bankruptcy. An arrangement by
which a person's debts are consolidated and creditors
agree to accept lower monthly payments or to take less
money. -Also termed debt consolidation; debt adjust
ment. 2. An arrangement under which a debtor agrees
to pay (1) a sum of money periodically or otherwise
to a third person who will then distribute the money
among certain specified creditors in accordance with
a plan, and (2) a fee to the third person for his or her
services as distributor . Debt-pooling in this manner
is generally illegal if the arrangement is not made with
a bank, attorney, judicial officer, retail-merchants' asso
ciation, or nonprofit organization that provides debt
counseling services.
debt ratio. (1932) A corporation's total long-term and
short-term liabilities divided by the firm's total assets.
 A low debt ratio indicates conservative financing
and thus usu. an enhanced ability to borrow in the
future. Also termed debt-to-total-assets ratio.
debt retirement. (1928) Repayment of debt; RETIRE
MENT (3).
debt security. See SECURITY.
debt service. (1930) 1. The funds needed to meet a
long-term debt's annual interest expenses, principal

payments, and sinking-fund contributions. 2. Payments
due on a debt, including interest and principal.
debt-to-equity ratio. (1954) A corporation's long-term
debt divided by its owners' equity, calculated to assess
its capitalization, Also termed debt-equity ratio;
debt-to-net-worth ratio,
debt-to-total-assets ratio. See DEBT RATIO.
DeCA. abbr. DEFENSE COMMISSARY AGENCY,
de caetero (dee see-t;}-roh) [Latin "about the other"]
Henceforth; in the future, Also spelled de cetera.
de calceto reparando (dee kal-s;}-toh rep-doran-doh),
n. [Law Latin "for repairing a causeway"] Hist. A writ
directing a sheriff to distrain residents of a place to
repair a road.
decalvatio (dee-kal-vay-shee-oh). Hist. The act ofcutting
off a person's hair to symbolize a total loss ofhonor.
Although some early legal historians interpreted this
Germanic practice as scalping, a leading historian of
the early 20th century insisted that it referred only to
the cutting of hair. See Munroe Smith, The Develop
ment ofEuropean Law 99 (1928).
decanatus (dek-a-nay-tas), n, [Law Latin] Hist. A group
of ten people; a decenary. See DECANUS,
decania (di-kay-nee-,,), n. [Law Latin] Hist. A dean's
office; a dean's territory.
decanus (di-kay-nas), n. [fro Greek dekanos "a dean"] 1.
Roman law. An officer commanding ten soldiers. 2,
Eccles. & Civil law. A leader often people, as in decanus
monasticus ("dean of ten monks"). 3. The dean of a
cathedral.
de capitalibus dominus feodi (dee kap-a-tay-Id-b;ls dom
a-nds fee-;}-dI). [Law Latin] Ilist. From the highest
lord of the fee. _ This term was primarily used in old
charters to state that the tenure of an estate was to
be held of the chieflord of the fee, rather than of the
immediate grantor.
decapitation (dee-kap-;l-tay-sh;ln). Hist. The act of
cutting off a head; a beheading. This was once a
common method ofcapital punishment.
de capite minutis (dee kap-a-tee mi-n[y]oo-tis). [Latin
"of those who have lost their status"] Roman law. A title
in the Digest, to people who lost their civil
status. See CAPITIS DEMINUTIO.
decarceration. See DISIMPRISONMENT.
de cartis reddendis (dee kahr-tis ri-den-dis), n. [Law
Latin "for restoring charters"] Hist. A writ ordering
redelivery of a charter or deed; a writ of detinue. See
DETINUE.
De Catallis Felonum. Hist. A 1326 statute providing that
a felon forfeited his or her personal property and also
lost all rights and means ofacquiring property . This
statute is one ofthe earliest written laws imposing civil
death. Cf. civil death (1) under DEATH.
de catallis reddendis (dee kd-tal-is ri-den-dis), n. [Law
Latin "of chattels to be restored"] Hist. A writ ordering a bailee to deliver chattels kept from the owner . This
was replaced by the writ ofdetinue. See DETINUE.
de cautione admittenda (dee kaw-shee-oh-nee ad-mi
ten-d;}), n, [Law Latin "of security to be taken"] Hist. A
writ commanding a bishop who had ordered an excom
municated person held for contempt, even though the
prisoner had offered bail and promised to obey the
church in the future, to take the offered security and
order the prisoner's release.
decease, n. See DEATH.
decease, vb. To die; to depart from life.
deceased, n. See DECEDENT.
decedent (di-see-d;}nt), n. (16c) A dead person, esp. one
who has died recently. _ This term is little used outside
law. It typically appears in legal proceedings or admin
istrative inquiries. Also termed deceased.
nonresident decedent. A decedent who was domiciled
outside the jurisdiction in question (such as probate
Jurisdiction) at the time ofdeath.
decedent's estate. See ESTATE (3).
deceit, n. (14c) 1. The act ofintentionally giving a false
impression <the juror's deceit led the lawyer to believe
that she was not biased>. 2. A false statement of fact
made by a person knowingly or recklessly (Le., not
caring whether it is true or false) with the intent that
someone else will act upon it. See fraudulent misrep
resentation under MISREPRESENTATION. [Cases: Fraud
(;:::;3.]3. A tort arising from a false representation made
knowingly or recklessly with the intent that another
person should detrimentally rely on it <the new hom
eowner sued both the seller and the realtor for deceit
after discovering termites>. See FRAUD; MISREPRESEN
TATION. deceive, vb.
'The tort of deceit consists in the act of making a wilfully
false statement with the intent that the plaintiff shall act
in reliance on it, and with the result that he does so act
and suffers harm in consequence .... There are four main
elements in this tort: (1) there must be a false represen
tation of fact; (2) the representation must be made with
knowledge of its falsity; (3) it must be made with the inten
tion that it should be acted on by the plaintiff, or by a
class of persons which includes the plaintiff, in the manner
which resulted in damage to him; (4) it must be proved that
the plaintiff has acted upon the false statement and has
sustained damage by so doing." R.F.V. Heuston, Salmond
on the Law of Torts 387 (17th ed. 1977).
deceitful plea. See sham pleading under PLEADING (1).
decem tales (des-em tay-leez), n. [Law Latin "ten such
people"] Hist. A writ directing a sheriff to summon ten
people for a jury panel when a sufficient number have
not already appeared.
decemviri litibus judicandis (di-sem-v,,-rI iI-ti-bas joo
da-kan-dis). [Latin "ten persons to decide lawsuits"]
Roman law. A group of five senators and five knights
who assisted the elected magistrate in deciding legal
disputes concerning liberty. -Also spelled decemviri
stlitibus judicandis.
decenary. [fro Latin decena "a tithing"] Hist. A town
or district consisting of ten freeholding families. - A

freeholder of the decenary (a decennarius) was bound
by frankpledge to produce any wrongdoer living in the
decenary. -Also spelled (incorrectly) decennary.
Also termed decmna; tithing. Cf. FRANKPLEDGE.
"The civil division of the territory of England is into
counties, of those counties into hundreds, of those
hundreds into tithi ngs or towns. Which division, as it now
stands, seems to owe its original to king Alfred; who, to
prevent the rapines and disorders which formerly prevailed
in the realm, instituted tithings; so called from the Saxon,
because ten freeholders, with their families, composed
one. These all dwelt together, and were sureties or free
pledges to the king for the good behavior of each other;
and, if any offence was committed in their district, they
were bound to have the offender forthcoming. And there
fore anciently no man was suffered to abide in England
above forty days, unless he were enrolled in some tithing
or decennary." 1 William Blackstone, Commentaries on the
Laws ofEngland 110 (1765).
decency. The state of being proper, as in speech or dress;
the quality ofbeing seemly.
decenna (di-sen-a), n. [fro Latin decem "ten"] See
DECENARY.
decennarius (des-a-nair-ee-as), n. [Law Latin "a deciner"]
One often families offreeholders comprising a decen
nary. See DECENARY.
decennary. See DECENARY.
deceptive act. (1939) As defined by the Federal Trade
Commission and most state statutes, conduct that is
likely to deceive a consumer acting reasonably under
similar circumstances. -Also termed deceptive
practice; deceptive sales practice. [Cases: Consumer
Protection C:::>4; Antitrust and Trade Regulation
136.]
deceptive advertising. See FALSE ADVERTISING.
deceptive practice. See DECEPTIVE ACT.
deceptive sales practice. See DECEPTIVE ACT.
deceptive warranty. See WARRANTY (2).
decern (di-s<lrn), vb. Scots law. To decree; to give final
judgment.
"Before the judgment or interlocutor of any court in
Scotland can be extracted, to the effect of warranting
execution, it must import a decree. Hence, all extractable
judgments close with the word 'decern.'" William Bell, Bell's
Dictionary and Digest of the Law of Scotland 287 (George
Watson ed., 7th ed. 1890).
de certificando (dee sar-ti-fi-kan-


Watson ed., 7th ed. 1890).
de certificando (dee sar-ti-fi-kan-doh), n. [Law Latin
"about something to be certified"] A writ requiring
something to be certified, similar to certiorari. See
CERTIFICANDO DE RECOGNITIONE STAPULAE.
decertify, vb. (1918) 1. To revoke the certification of.
2. To remove the official status of (a labor union) by
withdrawing the right to act as a collective-bargain
ing agent. [Cases: Labor Relations (;=,216.] 3. (Of a
court) to overrule a previous order that created a class
for purposes of a class action; to officially undo (a
class). [Cases: Labor and Employment (;=> 1232.] Cf.
CERTIFY. -decertification, n. de certiorando (dee s<lr-shee-a-ran-doh), n. [Law Latin
"about certification"] A writ ordering a sheriff to certify
a fact.
decessus (di-ses-as), n. [fro Latin decedere "to depart"]
l. Roman law. A death. 2. A departure. -This term
has been used in both the civil and common law, esp.
in reference to the desertion ofa ground in a previous
pleading in favor of another. See DEPARTURE.
de cetero. See DE CABTERO.
de champertia (dee kam-p<lr-shee-a), n. [Law Latin
"about champerty"] Hist. A writ ordering justices of
the bench to enforce the champerty laws. See CHAM
PERTOR; CHAMPERTY.
de char et de sank (da shahr ay d<l sangk). [Law French]
Hist. Of flesh and blood.
de chimino (dee kim-d-noh), n. [Law Latin "writ ofway"]
Hist. A writ to enforce a right-of-way.
de cibariis utendis (dee si-bair-ee-ds yoo-ten-dis), n.
[Law Latin "of victuals to be used"] Hist. The statute
of 10 Edw. 3 ch. 3 restraining entertainment expenses.
-This was one of several statutes limiting luxury
spending.
dedes tantum (desh-ee-eez or dee-shee-eez tan-tam), n.
[Law Latin "ten times as much"] Hist. A writ ordering
a juror who accepted a bribe for a verdict to pay ten
times the bribery amount, halfto the suing party and
half to the Crown.
"Decies tantum is a writ that lies where a juror in any
inquest takes money of the one part or other, to give his
verdict; then he shall pay ten times as much as he hath
received: and everyone that will sue may have this action,
and shall have the one half, and the king the other ....
And the same law is of all other actions popular, where one
part is to the king, the other to the party that sues. Also the
embracers, who procure such inquests, shall be punished
in the same manner, and they shall have imprisonment
a year. But no justice shall inquire thereof ex officio, but
only at the suit of the party." Termes de la Ley 146 (l st
Am. ed. 1812).
dedmae (des-a-mee), n. [fro Latin decem "ten"] Eccles.
law. 1. The tenth part of the annual profits of a benefice
originally payable to the Pope, and later to the Crown
by 26 Hen. 8, ch. 3.
"The tenths, or decimae, were the tenth part of the annual
profit of each living ... which was also claimed by the holy
see .... But this claim of the pope met with a vigorous
resistance from the English parliament; and a variety of acts
were passed to prevent and restrain it .... But the popish
clergy, blindly devoted to the will of a foreign master, still
kept it on foot; sometimes more secretly, sometimes more
openly and avowedly .... And, as the clergy expressed
this Willingness to contribute so much of their income to
the head of the church, it was thought proper (when in the
same reign the papal power was abolished, and the king
was declared the head of the church of England) to annex
this revenue to the crown, ..." 1 William Blackstone, Com
mentaries on the Laws ofEngland 274 (1765).
2. Tithes paid to the church, often in grain or wool.
decimae garbales (des-i-mee gahr-bay-leez). [Law Latin]
Hist. Eccles. law. Tithe sheaves; grain tithes. -The
parish rector was entitled to each tenth sheaf of the
cut grain as a tithe.

decimae rectoriae (des-i-mee rek-tor-ee-ee). [Law Latin]
Hist. Eccles. law. Parsonage tithes; that is, fixed tithes
payable to the parson of a parish . The right to levy
such tithes could not be lost by prescription.
decimae vicariae (des-i-mee vI-kair-ee-ee). [Law Latin]
Hist. Eccles. law. Vicarage tithes . Vicars received
tithes from various sources (such as from wool or eggs)
according to need or custom. The right to levy them
could not be lost by prescription.
decimation (des-;l-may-sh;m). 1. A major destruction of
people; a great loss oflife. 2. Hist. A tithing; a payment
of the tenth part. 3. Hist. A punishment, esp. by death,
ofevery tenth person by lot . Under Roman law, deci
matio referred to the punishment by lot ofevery tenth
soldier in a legion for mutiny or cowardice.
decision, n. (16c) 1. A judicial or agency determina
tion after consideration ofthe facts and the law; esp., a
ruling, order, or judgment pronounced by a court when
considering or disposing of a case. See JUDGMENT (1);
OPINION (1). -decisional, adj.
appealable decision. (1870) A decree or order that is
sufficiently final to receive appellate review (such as an
order granting summary judgment), or an interlocu
tory decree or order that is immediately appealable,
usu. by statute (such as an order denying immunity to
a police officer in a civil-rights suit). -Also termed
reviewable issue. See COLLATERAL-ORDER DOCTRINE.
[Cases: Appeal and Error ~24-135.]
final decision. See final judgment under JUDGMENT.
interlocutory decision. See interlocutory order under
ORDER (2).
unreasonable decision. (1962) An administrative
agency's decision that is so obviously wrong that there
can be no difference of opinion among reasonable
minds about its erroneous nature. [Cases: Adminis
trative Law and Procedure ~763.]
2. Parliamentary law. VOTE (4). 3. Parliamentary law.
The chair's ruling on a point oforder. See appeal from
the decision ofthe chair under APPEAL.
decisionallaw. See CASELAW.
decision-making responsibility. The authority to come
to a binding resolution of an issue. For example, in
child-rearing, decision-making responsibility involves
the authority to make significant decisions on a child's
behalf, including decisions about education, religious
training, and healthcare.
decision on the merits. See judgment on the merits under
JUDGMENT.
decisive oath. See OATH.
decisory oath. See decisive oath under OATH.
Decker test. See SUBJECT-MATTER TEST.
declarant (di-klair-;lnt), n. (17c) 1. One who has made
a statement <in accordance with the rules ofevidence,
the statement was offered to prove the declarant's state
ofmind>. 2. One who has signed a declaration, esp. one stating an intent to become a U.S. citizen <the declarant
grew up in Italy>. -declarant, adj.
declaration, n. (15c) 1. A formal statement, proclama
tion, or announcement, esp. one embodied in an instru
ment. Cf. AFFIDAVIT.
declaration ofalienage. A declaration by a person with
dual citizenship ofa wish to renounce the citizenship
ofone state . For the declaration to be effective, the
person making it must be of full age and not under
any disability.
declaration ofdefault. A creditor's notice to a debtor
regarding the debtor's failure to perform an obliga
tion, such as making a payment.
declaration ofdividend. (1837) A company's setting
aside of a portion of its earnings or profits for dis
tribution to its shareholders. See DIVIDEND. [Cases:
Corporations ~152.]
declaration ofhomestead. (1856) A statement required
to be filed with a state or local authority to prove
property ownership in order to claim homestead
exemption rights. See HOMESTEAD. [Cases: Home
stead~41.]
declaration ofintention. (1812) An alien's formal
statement resolving to become a U.S. citizen and
to renounce allegiance to any other government or
country. [Cases: Aliens, Immigration, and Citizen
ship~718.]
declaration oflegitimacy. (1861) A formal or legal
pronouncement that a child is legitimate. [Cases:
Children Out-of-Wedlock ~1,8.]
declaration oftrust. (17c) 1. The act by which the
person who holds legal title to property or an estate
acknowledges that the property is being held in trust
for another person or for certain specified purposes.
[Cases: Trusts ~1.] 2. The instrument that creates
a trust. -Also termed (in sense 2) trust instrument;
trust deed; trust agreement. [Cases: Trusts ~19.]
judicial declaration. Hist. Scots law. 1. A party's state
ment, made in court and transcribed, about a case's
material facts. 2. An accused's statement, made after
an arrest and taken down in writing.
2.1nt'llaw. The part ofa treaty containing the stipula
tions under which the parties agree to conduct their
actions; TREATY (1). 3.1nt'llaw. A country's unilateral
pronouncement that affects the rights and duties of
other countries.
declaration ofwar. A country's announcement that it
is officially engaged in war against another country.
[Cases: War and National Emergency~7.]
4. A document that governs legal rights to certain types
ofreal property, such as a condominium or a residential
subdivision. [Cases: Condominium ~3.] 5. A listing
of the merchandise that a person intends to bring
into the United States . This listing is given to U.S.
Customs when one enters the country. [Cases: Customs
Duties ~65.] 6. Evidence. An unsworn statement
made by someone having knowledge of facts relating

468 declaration after final rejection
to an event in dispute. [Cases: Criminal Law (;=::>411,
415,416; Criminal Law(;=::>411, 415, 416; Evidence
266-3l3.]
deathbed declaration. See dying declaration.
declaration against interest. (1940) A statement by a
person who is not a partyto a suit and is not available
to testify at trial, discussing a matter that is within the
declarant's personal knowledge and is adverse to the
declarant's interest.  Such a statement is admissible
into evidence as an exception to the hearsay rule. Fed.
R. Evid. 804(b)(3). Also termed seif-disserving dec
laration. See admission against interest under ADMIS
SION (1). [Cases: Criminal Law (::=,417(l5); Evidence
declaration ofpain. (1891) A person's exclamation of
present pain, which operates as an exception to the
hearsay rule. Fed. R. Evid. 803(3). [Cases: Criminal
Law (;=::>419(2.20); Evidence (;:::268.]
declaration ofstate ofmind. (1843) A person's state-of
mind statement that operates as an exception to the
hearsay rule. Fed. R. Evid. 803(3). [Cases: Criminal
Law ~419(2.20); Evidence (;=::>26S.]
dying declaration. (ISc) A statement by a person who
believes that death is imminent, relating to the cause
or circumstances ofthe person's impending death.
The statement is admissible in evidence as an excep
tion to the hearsay rule. Also termed deathbed
declaration; ante mortem statement. [Cases: Evidence
Homicide (,7:.1075.]
"[AI rule peculiar to criminal cases is the exception to the
rule respecting hearsay evidence which renders dying dec
larations as to the cause of death admissible in trials for
murder or manslaughter .... The earliest emphatic state
ment of it ... is to be found in Woodcock's case, decided
in 1789 .... This case refers to a decision in 1720 ... and
to the case of R. v Reason and Tranter, decided in 1722.
That case, however, says nothing as to any limitation on
the rule. A series of cases from 1678 to 1765 show that
during that period declarations of deceased persons as to
the cause of their death were admitted even though the
declarants had hopes of recovery when they were made."
1James Fitzjames Stephen, A History of the Criminal Law
ofEngland 447-48 (1883).
self-disserving declaration. See declaration against
interest.
self-serving declaration. (1881) An out-of-court state
ment made to benefit one's own interest. [Cases:
Criminal Law (:::::.413; Evidence
7. Common-law pleading. The plaintiff's first pleading
in a civil action . It is an amplification ofthe original
writ on which the action is founded, with the addi
tional circumstances ofthe time and place ofinjury. In
a real action, the declaration is called a count


, with the addi
tional circumstances ofthe time and place ofinjury. In
a real action, the declaration is called a count. Today the
equivalent term in English law is statement ofclaim; in
most American jurisdictions, it is called a petition or
complaint. -Also termed narratio. See COUNT (2), (3).
Cf. PLEA (2). [Cases: Pleading
'The declaration is a statement of all material facts consti
tuting the plaintiff's cause of action in a methodical and
legal form. It consists of the following parts: (a) Statement
of title of court. (b) Statement of venue in the margin. (c) The commencement. (d) The body, or statement of the
cause of action. (e) The conclusion." Benjamin J. Shipman,
Handbook of Common-Law Pleading  76, at 192 (Henry
Winthrop Ballantine ed., 3d ed. 1923).
declaration in chief. A declaration for the principal
cause ofaction.
8. A formal, written statement resembling an affida
vit but not notarized or sworn to -that attests, under
penalty of perjury, to facts known by the declarant.
Such a declaration, if properly prepared, is admissible
in federal court with the same effect as an affidavit.
28 USCA  1746. -Also termed declaration under
penalty ofperjury; unsworn declaration under penalty
of perjury. Cf. AFFIDAVIT; sworn statement under
STATEMENT. 9. lnt'llaw. An oral or written statement,
unilaterally made, by which a state expresses its will,
intent, or opinion when acting in the field of interna
tional relations. 10. See declaratory judgment under
JUDGMENT. 11. DECLARATION OF RIGHTS. -declare,
vb. -declaratory, adj.
declaration after final rejection. See affidavit after final
rejection under AFFIDAVIT.
declaration date. See DATE.
declaration ofa desire for a natural death. See LIVING
WILL.
declaration ofalienage. See DECLARATION (1).
declaration ofcontinued use. See DECLARATION OF
USE.
declaration of estimated tax. (1946) A required IRS
filing by certain individuals and businesses ofcurrent
estimated tax owed, accompanied by periodic payments
ofthat amount.  The requirement ensures current col
lection oftaxes from taxpayers (such as self-employed
persons) whose incomes are not fully taxed by payroll
withholding. IRC (26 USCA)  6315, 6654. [Cases:
Internal Revenue ~4S32, 5219.40.]
declaration ofincontestability. Trademarks. A sworn
statement submitted by the owner ofa registered mark
after five years of registration, averring that the mark
has been in continuous use in commerce for at least
five consecutive years since registration, that the mark
has not become generic, that there has been no final
adverse decision to ownership in the mark, and that
there is no pending proceeding in the U.S. Patent and
Trademark Office or courts involVing the mark. The
statement entitles the mark to immunity from some
legal challenges under  15 ofthe Lanham Act. Also
termed affidavit ofincontestability; affidavit under  15;
declaration under  15; Section 15 affidavit; Section 15
declaration. [Cases: Trademarks C=,1352.]
Declaration of Independence. The formal proclama
tion of July 4, 1776, in the name of the people of the
American colonies, asserting their independence from
the British Crown and announcing themselves to the
world as an independent nation.
declaration oflegitimacy. See DECLARATION (1).
declaration ofno defenses. See WAIVER OF DEFENSES.

469
declaration ofpain. See DECLARATION (6).
Declaration ofParis. An international agreement, signed
by Great Britain, France, Turkey, Sardinia, Austria,
Prussia, and Russia in 1856 (at the end ofthe Crimean
War), providing that (1) privateering is illegal, (2) with
the exception of contraband, a neutral flag covers an
enemy's goods, (3) with the exception of contraband,
neutral goods cannot be confiscated under a hostile
flag, and (4) a blockade must work to be binding . The
agreement was later adopted by most other maritime
powers, except the United States and a few others.
''The Declaration of Paris is one of the greatest triumphs
won by commercial interests over the strict rules of
maritime warfare. Its importance resides in its first three
articles. Article 4 did no more than formulate a principle
acknowledged for more than a century. Construed strictly
it requires an impossibility; for no blockade, however strict,
can always 'prevent access to the coast of the enemy.' But
it is clear that the words were meant to be understood in
a reasonable sense as merely prohibitory of ineffective or
'paper' blockades .... Article 1 struck at a most objec
tionable practice. The current of opinion had long been
running strongly against the use of privateers.... Article
2 ... has provoked an enormous amount of controversy.
Together with Article 3 it amounted to a new departure in
the law of maritime capture. Up to 1856 the great naval
powers had been divided between the old principle that
the liability of goods to capture should be determined by
the character of their owner, and the more modern prin
ciple ... that the character of the ship in which the goods
were laden should settle their fate." 1 R.H. Inglis Palgrave,
Palgrave's Dictionary of Political Economy 520-21 (Henry
Higgs ed., 2d ed. 1925).
declaration ofrestrictions. Property. A statement ofall
the covenants, conditions, and restrictions affecting a
parcel ofland, usu. imposed and recorded by a devel
oper ofa subdivision . The restrictions usu. promote a
general plan ofdevelopment by requiring all lot owners
to comply with the specified standards, esp. for build
ings. The restrictions run with the land. -Sometimes
also written declarations ofrestrictions. [Cases: Cov
enants <8='69.]
.declaration of rights. 1. An action in which a litigant
requests a court's assistance not because any rights have
been violated but because those rights are uncertain.
 Examples include suits for a declaration oflegiti
macy, for declaration of nullity of marriage, and for
the authoritative interpretation of a will. 2. See declara
tory judgment under JUDGMENT. -Often shortened
to declaration.
declaration ofstate ofmind. See DECLARATION (6).
Declaration ofTaking Act. The federal law regulating
the government's taking ofprivate property for public
use under eminent domain. 40 USCA  3114 et seq.
 Fair compensation must be paid for the property.
[Cases: Eminent Domain <8=' 122, 167.]
declaration oftrust. See DECLARATION (1).
declaration ofuse. Trademarks. A sworn statement sub
mitted by a registered mark's owner averring that the
registered mark is currently in use in commerce, and
providing a specimen or facsimile of the mark's use.
 The  8 affidavit must be filed (1) between the fifth declaratory theory
and sixth year following registration, and (2) within the
year before the end of every ten-year period after the
date of registration. If a registered mark's owner fails
to file a  8 affidavit within the required time, the U.S.
Patent and Trademark Office may cancel the registra
tion. The term comes from  8 of the Lanham Act.
Also termed affidavit ofcontinued use; affidavit ofuse;
affidavit under  8; declaration ofcontinued use; decla
ration under  8; Section 8 declaration; statement ofuse.
Cf. INCONTESTABILITY STATUS; CANCELLATION. [Cases:
Trademarks <8=' 1254, 1304.]
declaration ofwar. See DECLARATION (3).
declaration under penalty of perjury. See DECLARA
TION (8).
declaration under  8. See DECLARATION OF USE.
declaration under  15. See DECLARATION OF INCON
TESTABILITY.
declarator. See action ofdeclarator under ACTION (4).
declarator of trust (di-klar-;)-t;)r or di-klair-;)-t<}r or
-tor). A common-law action against a trustee who
holds property under a title ex facie for the trustee's
own benefit.
declaratory (di-klar-;)-tor-ee or di-klair-), adj. 1. Clear;
manifest <a declaratory statute>. 2. Explanatory <a
declaratory judgment>.
declaratory, n. See action ofdeclarator under ACTION.
declaratory act. See declaratory statute under STATUTE.
declaratory decree. See declaratory judgment under
JUDGMENT.
declaratory judgment. See JUDGMENT.
declaratory-judgment act. (1921) A federal or state law
permitting parties to bring an action to determine
their legal rights and positions regarding a contro
versy not yet ripe for adjudication, as when an insur
ance company seeks a determination of coverage before
deciding whether to cover a claim. 28 USCA  2201,
2202. See declaratory judgment under JUDGMENT.
[Cases: Declaratory Judgment <8='21.]
declaratory part of a law. A portion of a law clearly
defining rights to be observed or wrongs to be
avoided.
declaratory precedent. See PRECEDENT.
declaratory relief. See RELIEF.
declaratory statute. See STATUTE.
declaratory theory. (1895) The belief that judges' deci
sions never make law but instead merely constitute
evidence ofwhat the law is. This antiquated view
held by such figures as Coke and Blackstone -is no
longer accepted.
''There are ... at least three good reasons why the declara
tory theory should have persisted for some time after the
modern English doctrine [of precedent] had begun to take
shape. In the first place, it appealed to believers in the
separation of powers, to whom anything in the nature of
judicial legislation would have been anathema. Secondly,
it concealed a fact which Bentham was anxious to expose,
namely, that judge-made law is retrospective in its effect.

If in December a court adjudges that someone is liable, in
consequence of his conduct during the previous January,
it would certainly appear to be legislating retrospectively,
unless the liability is based on an earlier Act of Parliament,
or unless the court is simply following a previous decision.
A way of disguising the retrospective character of such
a judgment would be to maintain the doctrine that the
court really was doing no more than state a rule which
anyone could have deduced from well-known prinCiples
or common usage, for the conduct in question would then
have been prohibited by the law as it stood in January.
The third reason for the persistence of the declaratory
theory may be thought to justify its retention in a revised
form today. When confronted with a novel point, judges
always tend to speak as though the answer is provided by
the com mon law." Rupert Cross &J.w. Harris, Precedent in
English Law 30 (4th ed. 1991).
declared trust. See express trust under TRUST.
de claro die (dee klair-oh dI-ee). [Law Latin "by clear
day"] By daylight.
de clauso fracto (dee klaw-zoh frak-toh). [Law Latin] Of
a breacl" ofclose. See CLAUSUM FREGIT.
de derico admittendo (dee kler-a-koh ad-mi-ten
doh), n. [Law Latin "for admitting a clerk"] Rist. A
writ of execution commanding a bishop to accept a
nominee for a vacant benefice . A benefice's patron
could enforce the right to fill a vacancy (the right of
presentation) in the Court ofCommon Pleas by writ of
quare impedit. Also termed admittendo derieo; ad
admittendum clericum. Cf. ADVOWSON; PRESENTATION;
QUARE IMPEDlT.
de clerico capto per statutum mercatorium deliberando
(dee kler-a-koh kap-toh par sta-tyoo-tam m<lr-ka~tor
ee-<lm di-lib-a-ran-doh), n. [Law Latin "for delivering
a clerk arrested on a statute merchant"] Hist. A writ
ordering the release of a clerk imprisoned for breach
ing a statute merchant. Often shortened to de clerieo
capto per statu tum mercatorium.
de clerico convieto commisso gaolae in defectu ordi
narii deliberando. See CLERICO CONVICTO COMMISSO
GAOLAE IN DEFECTU ORDINARII DELIBERANDO.
de derieo infra sacros ordines constituto, non eligendo
in officium (dee kler-a-koh in~fra sak-rohs or-di-neez
kon-sti-tyoo-toh, non el-i-jen-doh in a~fish-ee-dm).
[Law Latin "for not electing a clerk in holy orders to
office"] Rist. A writ ordering a cleric's release from
secular office . 1he writ was addressed to the bailiff
or other person who had forced a cleric to take a baili
wick or other secular office.
de clero (dee kleer-oh), n. [Law Latin "concerning the
clergy") The statute of 25 Edw. 3 addressing clerical
matters, including presentations and indictments.
declination (dek-Ia-nay-shan). (14c) 1. A deviation
from proper course <declination of duty>. 2. An act
of refusal <declination of a gift>. 3. A document filed
by a fiduciary who chooses not to serve. 4. At common
law, a plea to the court's jurisdiction by reason ofthe
judge's personal interest in the lawsuit. Also termed
(esp. in sense 2) declinature.
declinatory exception (di-khn-a~tor-ee). See EXCEP
TION (1). declinatory plea. Hist. A pretrial plea claiming benefit
ofclergy. Also


CEP
TION (1). declinatory plea. Hist. A pretrial plea claiming benefit
ofclergy. Also termed plea ofsanctuary. See BENEFIT
OF CLERGY.
declining-balance depredation method. See DEPRECIA
TIO:'>! METHOD.
deeoctor (di-kok-tar or -tor), n. [fro Latin deciquere "to
waste") Roman law. A bankrupt; a defaulting debtor.
de coelo usque ad inferos (dee see~loh <ls-kwee ad in-f<lr
ohs). [Latin] From heaven to the center ofthe earth.
This phrase expressed a common-law maxim about the
extent ofa real-property owner's ownership interest in
the property.
decollatio (dee~kah-lay-shee-oh), n. [fro Latin de "off" +
collum "neck"] Hist. In England and Scotland, an act
ofbeheading. See DECAPITATION.
decolonization. Int'l law. The process by which a colonial
power divests itself of sovereignty over a colony
whether a territory, a protectorate, or a trust territory
so that the colony is granted autonomy and eventually
attains independence.
de communi dividundo. See aetio de communi dividundo
under ACTIO.
de comon droit (da kah~man droyt). [Law French] Rist.
By the common law; ofcommon right. See COMMON
LAW.
de computo (dee kom-pya-toh), n. [Law Latin "of
account"] Hist. A writ ordering a defendant to either
give a reasonable accounting to the plaintiff or explain
why such an accounting should not be required .
This was the foundation for an action of account. See
ACCOUNT (3).
de concilio curiae (dee kan-sil-ee-oh kyoor-ee-ee). [Law
Latin] By the advice ofthe court; by the direction ofthe
court. Also spelled de consillio curiae.
De Conflictu Legum (dee kan-flik-too lee~gam), n.
[Latin] Concerning the conflict oflaws . This is a title
to several works on the conflict oflaws.
De Conjunctim Feoffatis (dee bn-j<lngk-tam fee-fay-tis),
n. [Law Latin "concerning persons jOintly enfeoffed"]
Hist. The title of the statute of Edward I preventing
delays caused by tenants pleading, in novel disseisins
or other actions, that someone else was jointly seised
with them.
de consanguineo (dee kon-sang-gwin-ee-oh), n. See
COSINAGE.
de consanguinitate (dee kon-sang-gwin-i-tay-tee), n. See
COSINAGE.
de consilio (dee kan-sil-ee-oh). [Law Latin] Of counseL
 This term often referred to the advice or counsel to
commit a crime.
deconstruction, 	 n. (1969) In critical legal studies,
a method of analYZing legal principles or rules by
breaking down the supporting premises to show that
these premises might also advance the opposite rule
or result. Also termed trashing. deconstruction
ist, adj. & n.

471
de continuando assisam (dee bn-tin-yoo-an-doh a-SI
zam), n. [Law Latin "for continuing an assize"] A writ
to continue an assize.
de contumace capiendo (dee kon-tya-may-see kap
ee-en-doh), n. [Law Latin "for arresting a contuma
cious person"] Rist. A writ issuing out of the Court
of Chancery at the request of an ecclesiastical court
that has found a person to be in contempt.  This writ
came into use after the Ecclesiastical Courts Act of 1813
removed ecclesiastical courts' power to excommunicate
litigants who failed to comply with a court order. Cf.
EXCOMMU:-.IICATO CAPIENDO.
"In 1812.the case of Mary Ann Dix a woman not of age,
who was imprisoned for two years on a writ de excommu
nicato capiendo for not paying costs in a suit for defama
tion ~aroused the Legislature. In the following year it was
enacted that excommunication should cease to exist as
part of the process of the ecclesiastical courts to enforce
appearance, and as a punishment for contempt.... [F]or
the writ de excommunicato capiendo was substituted the
writ de contumace capiendo; and the rules applying to
the older writ were made applicable to the new." 1 William
Holdsworth, A History ofEnglish Law 632 (7th ed. 1956).
de copia libelli deliberanda (dee koh-pee-a li-bel-I
di-lib-a-ran-da), n. [Law Latin "for delivering a copy of
a libel"] Rist. Eccles. law. A writ ordering an ecclesiasti
cal-court judge (such as the Dean ofArches) to provide
the defendant with a copy of the plaintiff's complaint_
de corona tore eligendo (dee kor-a-n<'>-tor-ee el-i-jen
doh), n. [Law Latin "for electing a coroner"] Rist. A
writ ordering a sheriff to call an election of a coroner
to fill a vacant office. See CORONER (2).
de coronatore exonerando (dee kor-<'>-n<'>-tor-ee eg-zon
a-ran-doh), n. [Law Latin "for removing a coroner"] A
writ ordering the sheriff to remove a coroner from office
for a reason stated in the writ. See CORONER (2).
"The coroner is chosen for life: but may be removed, either
by being made sheriff, or chosen verderor, which are
offices incompatible with the other; or by the king's writ de
coronatore exonerando, for a cause to be therein assigned,
as that he is engaged in other business, is incapacitated by
years or Sickness, hath not a sufficient estate in the county,
or lives in an inconvenient part of it." 1 William Blackstone,
Commentaries on the Laws ofEngland 336 (1765).
de corpore comitatus (dee kor-p<'>-ree kom-a-tay-tas).
[Law Latin] From the body of the county . This term
was esp. used to distinguish a body of the county at
large from a smaller area or de vicineto ("from a neigh
borhood").
de corrodio habendo (dee kd-roh-dee-oh h,)-ben-doh),
n. [Law Latin "writ for having a corody"] Rist. A writ to
obtain an allowance, esp. of meat or other sustenance,
from a religious house for a royal servant living there.
decorum. Parliamentary law. The customs offormality
and courtesy observed by the members and chair in
conducting business.
decoy, n. An undercover law-enforcement officer or agent
who acts as the willing subject ofan attempted or com
pleted crime in an attempt to lure a potential criminal
defendant into a situation that establishes the grounds
for a prosecution. decree
decoy, vb. Slang, To entice (a person) without force; to
inveigle <the victim was decoyed out ofher home> <the
defendant was decoyed into the county and then served
with process>. See ENTRAPMENT.
decoy letter. A letter prepared and mailed to detect a
criminal who has violated the postal or revenue laws.
[Cases: Postal Service C=;3L8, 42.)
decreased capacity. See CAPACITY (4).
decreaSing term insurance. See INSURANCE.
decreaSing-term life insurance. See decreasing term
insurance under IKSURANCE.
decree, n, (14c) 1. Traditionally, a judicial decision in
a court of equity, admiralty, divorce, or probate
similar to a judgment of a court of law <the judge's
decree in favor of the will's beneficiary>. 2. A court's
final judgment. 3. Any court order, but esp. one in a
matrimonial case <divorce decree>. See JUDGMENT;
ORDER (2); DECISION. [Cases: Divorce C=; 152.]
"The chief differences between decrees in equity and
judgments at common law are as follows: The former are
pronounced by courts of equity; the latter, by courts of
law. The former result from an investigation and determi
nation of the rights of the parties by the means provided
and according to the principles recognized in equity
jurisprudence; the latter result from an investigation and
determination made by the more limited means and more
inflexible rules of the common law. The former may be
adjusted to all the varieties of interest and of circumstance,
and may contain such directions as are needed to carry
them into effect, both in letter and in spirit; the latter are in
an invariable form, general in terms, and absolute for plain
tiff or defendant. And the former often enforce rights not
recognized by the common law .... The term 'judgment'
is frequently used in a broad sense to include decrees in
equity." 1 A.C. Freeman, A Treatise ofthe Law ofJudgments
 12, at 23-24 (Edward W. Tuttle ed., 5th ed. 1925).
agreed decree. A final judgment, the terms ofwhich
are agreed to by the parties. [Cases: Judgment
71,91.]
consent decree. (1831) A court decree that all parties
agree to. -Also termed consent order. [Cases: Federal
Civil Procedure C=;2397; Judgment C=;87.]
custody decree. A decree awarding or modifying child
custody. The decree may be included in the decree
for a related proceeding such as a divorce -or it
may be a separate order. [Cases: Child Custody
521.]
decree absolute. (1826) A ripened decree nisi; a court's
decree that has become unconditional because the
time specified in the decree nisi has passed. -Also
termed order absolute; rule absolute.
decree absolvitor (ab-zol-vi-tar or -tor), n. Scots law.
A judgment for a defendant, either by a dismissal of
a claim or by an acquittaL Also termed decreet
absolvitor.
decree ad factum praestandum. Scots law. A court
order requiring that a party specifically perform an
act, such as to deliver property. See IMPRISONMENT
FOR DEBT.

472
decree arbitral (ahr-bi-tral), n. Scots law. 1. An arbi
tration award. 2. A form for an arbitration award.
Also termed decreet arbitral.
decree cognitionis causa (kog-nish-ee-oh-nis kaw-za),
n. Scots law. A judgment in a suit involving a plain
tiff creditor suing a debtor's heir to attach the heir's
lands. -Also termed decreet cognitionis causa.
decree condemnator (kon-dem-nay-tar or -tor), n.
Scots law. A judgment for the plaintiff. -Also termed
decreet condemnator.
decree dative. Scots law. A decree appointing an
executor.
decree nisi (nI-SI). (ISc) A court's decree that will
become absolute unless the adversely affected party
shows the court, within a specified time, why it should
be set aside. -Also termed nisi decree; order nisi; rule
nisi. See NISI.
decree ofconstitution. Scots law. A judgment declaring
the extent ofa debt or obligation.
decree ofdistribution. (1841) An instrument by which
heirs receive the property ofa deceased person. [Cases:
Executors and Administrators 50S.]
decree offorthcoming. Scots law. A court order that
commands a third party in possession of a debtor's
property to deliver the property to the creditor for
liquidation or satisfaction of a debt. -Also termed
decree offurthcuming
decree of insolvency. (I8c) A probate-court decree
declaring an estate's insolvency. [Cases: Executors
and Administrators 0:::>408-419.]
decree oflocality. Scots law. A Teind Court order allo
cating what share of a clergyman's stipend will be paid
by each heir in the parish.
decree ofmodification. Scots law. A Teind Court order
modifying a stipend for the clergy.
decree ofnullity. (Pc) A decree declaring a marriage
to be void ab initio. See ANNULMENT; NULLITY OF
MARRIAGE.
decree ofregistration. 1. A court order that quiets title
to land and directs recording of the title. 2. Scots law.
CONFESSION OF JUDGMENT. [Cases: Quieting Title
(;:-J52.]
decree ofvaluation. Scots law. A decree of the Teind
Court determining the extent and value ofa heritor's
teinds.
decree pro confesso (proh bn-fes-oh). (1821) Equity
practice. A decree entered in favor of the plaintiff as
a result of the defendant's failure to timely respond
to the allegations in the plaintiff's bill; esp., a decree
entered when the defendant has defaulted by not
appearing in court at the prescribed time. -Also
termed decree taken pro confesso. [Cases: Equity
417-420.]
"A decree pro confesso in equity is similar to a default
judgment in an action at law. If a defendant in an equity
suit fails to answer the plaintiff's petition within the pre
scri bed time period, the bill will be taken pro confesso, and a decree entered in favor of the plai ntiff ... However,
whereas a default judgment in an action at law effects an
admission of pleaded facts and conclusions of law ... a
decree pro confesso in an equity action admits only the
material and well pleaded facts in the petition and does not
admit the legal claims upon which the plaintiff seeks relief ..
27A Am. Jur. 2d Equity  249. at 733-34 (1996).
deficiency decree. See deficiency judgment under


249. at 733-34 (1996).
deficiency decree. See deficiency judgment under
JUDGMENT.
divorce decree. A final judgment in a suit for divorce.
 A divorce decree dissolves the marriage and
usu. resolves all matters concerning property and
children. Generally, matters concerning children
can be modified in a post-divorce action ifthere has
been a substantial change in circumstances. [Cases:
Divorce C::~152.]
final decree. Seefinal judgment under JUDGMENT.
interlocutory decree. See interlocutory judgment under
JUDGMENT.
decree nunc pro tunc. See judgment nunc pro tunc under
JUDGMENT.
decree offurthcuming. See decree offorthcoming under
DECREE.
decreet (di-kreet), n. [fro Latin decretum] Archaic Scots
law. A court's final judgment; a decree . Decree is now
the usual term.
decreet absolvitor (ab-zol-vi-tar or -tor), n. See decree
absolvitor under DECREE.
decreet arbitral (ahr-bi-tral), n. See decree arbitral
under DECREE.
decreet cognition is causa (kog-nish-ee-oh-nis kaw-za),
n. See decreet cognitionis causa under DECREE.
decreet condemnator (kon-dem-nay-t<'lf or -tor), n. See
decree condemnator under DECREE.
decree taken pro confesso. See decree pro confesso under
DECREE.
decrementum maris (dek-ra-men-tam mar-is). [Latin
"decrease ofthe sea"] The receding ofthe sea from the
land.
decrepit (di-krep-it), adj. (15c) (Of a person) disabled;
phYSically or mentally incompetent to such an extent
that the individual would be helpless in a personal
conflict with a person of ordinary health and
strength.
decreta (di-kree-ta), n. [Latin "decisions"] Roman law.
Judgments of magistrates; esp., sentences pronounced
by the emperor as the supreme judge. See DECRETUM.
"Decreta. In Roman law decisions of magistrates 9iven after
investigation of a case by cognitio .. and in particular,
decisions of the emperor as judge of first instance after
trial by cognitio, or as a judge of appeal. As the highest
authority in the State the emperor could interpret the law
freely and even introduce new principles. Consequently
imperial deCisions were authoritative interpretations of the
law or even innovatory and regarded as statements binding
for the future. and as such quoted by the jurists. They
were not only communicated to the parties but recorded
in the records of the imperial court and private persons

473 dedication
might obtain copies of them." David M. Walker, The Oxford
Companion to Law 343 (1980).
decretal (di-kree-t;:Il), adj. Of or relating to a decree.
decretal child support. See CHILD SUPPORT.
decretal interdict. See INTERDICT (1).
decretal order. See ORDER (2).
decretals (di-kree-tJlz), n. Eccles. law. Canonical epistles
written either by the Pope or by the Pope and his car
dinals to settle controversial matters; esp., the second
part of the Corpus juris Canonici, canonical epistles
consisting mainly of: (1) Decretales Gregorii Noni, a col
lection by Raymundus Barcinius, chaplain to Gregory
IX, dating from about 1227; (2) Decretales Bonifacii
Octavi, a collection by Boniface VIII in the year 1298;
(3) Ciementinae, a collection ofClement V, published in
the year 1308; and (4) the Extravagantes, a collection by
John XXII and other bishops. Also termed (in Law
Latin) Decretales. See CANON LAW.
decretist (di-kree-tist), n. In medieval universities, a law
student; esp., a student or commentator on Gratian's
Decretum.
decretum (di-kree-tdm), n. [Latin "a decision having
mandatory force"] 1. Roman law. A decision ofa mag
istrate, esp. a judgment by the emperor at first instance
or on appeaL _ A decretum of the emperor was a type
ofimperial constitution. 2. Eccles. law. An ecclesiastical
law, as distingUished from a secular law. See DECRETA.
Pl. decreta.
Decretum Gratiani (di-kree-tdm gray-shee-ay-m), n.
[Latin "Gratian's decree"] See CONCORDIA DlSCORDAN
TJUM CANONUM.
decriminalization, n. (1945) The legislative act or
process oflegalizing an illegal act <many doctors seek
the decriminalization of euthanasia>. Cf. CRIMINAL
rZATION (1). [Cases: Criminal LawC=> 15.] decrimi
nalize, vb.
decrowning. The act ofdepriving someone ofa crown.
decry (di-krI), vb. (17c) To speak disparagingly about
(someone or something).
de cujus (dee kYOO-jdS or kI-as). [Latin] From whom.
-This term is used to designate (1) the person by or
through whom another claimed something, or (2) the
person whose legal position is in issue.
de curia claudenda (dee kyoor-ee-a klaw-den-dd), n.
[Law Latin "of enclOSing a court"] Hist. A writ ordering
a person to build a wall or fence around his or her house
to avoid disturbing a neighbor.
decurio (di-kyoor-ee-oh), n. [Latin "a decurion"] Roman
law. A municipal senator belonging to a municipal
council responsible for managing the internal affairs
of the municipality.
de cursu (dee kar-s[y]oo). [Law Latin] Ofcourse. -This
term usu. refers to regular, formal proceedings as dis
tinguished from incidental, summary proceedings. de custode admittendo (dee b-stoh-dee ad-mi-ten
doh), n. [Law Latin "of admitting a guardian"] Hist. A
writ to admit a guardian.
de custode amovendo (dee kJ-stoh-dee ay-moh-ven
doh), n. [Law Latin "of removing a guardian"] Hist. A
writ to remove a guardian.
de custodia terrae et haeredis (dee kd-stoh-dee-a ter-ee
et her-J-dis), n. [Law Latin "of right ofward"] Hist. A
writ allowing a guardian in a knight's service to obtain
custody ofan infant ward.
de debito (dee deb-i-toh), n. [Law Latin "of debt"] Hist. A
writ ofdebt. -Sometimes shortened to debito.
de debitore in partes secando (dee deb-i-tor-ee in pahr
teez si-kan-doh). [Latin "of cutting a debtor in pieces"]
Roman law. The title of a law in the Twelve Tables,
meaning either literally to cut a debtor into pieces
or merely to divide the debtor's estate. See TWELVE
TABLES.
"DE DEBITORE IN PARTES SECANDO .. [Sjome writers contending
for the literal signification, while others have supposed it
to be only a figurative expression .... The latter view has
been adopted by Montesquieu, Bynkershoek, Heineccius
and Taylor .... The literal meaning, on the other hand, is
advocated by Aulus Gellius and other writers of antiquity,
and receives support from an expression (semoto omni
cruciatu) in the Roman Code itself .... This is also the
opinion of Gibbon, Gravina, Pothier, Hugo and Niebuhr."
I Alexander Burrill, A Law Dictionary and Glossary 432
(2d ed. 1867).
de deceptione (dee di-sep-shee-oh-nee), n. [Law Latin
"of deceit"] Hist. A writ available to a party who was
deceived and damaged by someone acting in the party's
name.
de deoneranda pro rata portionis (dee dee-on-d-ran-dd
proh ray-ta por-shee-oh-nis), n. [Law Latin "of the dis
burdening ofa pro rata share"] Hist. A writ for someone
who is forced to pay rent that others are supposed to
contribute to proportionately.
dedi (dee-dr). [Latin] Hist. I have given. _ Dedi is a con
veyancing term that implies a warranty of title. Cf.
CONCESSI.
"Dedi is a warranty in law to the feoffee and his heirs: as if
it be said in a feoffment A. B. hath given and granted, &c. it
is a warranty." Termes de fa Ley 148 (1st Am. ed. 1812).
dedication, n. (1809) Property. The donation ofland or
creation ofan easement for public use. [Cases: Dedica
tion C=>1-28.] -dedicate, vb. dedicatory, adj.
common-law dedication. (1858) A dedication made
without a statute, consisting in the owner's appropria
tion ofland, or an easement in it, for the benefit or use
of the public, and the acceptance, by or on behalf of
the land or easement. -Often shortened to dedica
tion. [Cases: Dedication C=>1-21.]
dedication by adverse user. (1895) A dedication arising
from the adverse, exclusive use by the public with the
actual or imputed knowledge and acquiescence of the
owner. [Cases: Dedication C=>20.J
express dedication. (1836) A dedication explicitly man
ifested by the owner. [Cases: Dedication C=> 17.J

implied dedication. (1837) A dedication presumed
by reasonable inference from the owner's conduct.
[Cases: Dedication C=:> 18-20.]
statutory dedication. (1852) A dedication for which
the necessary steps are statutorily prescribed, all of
which must be substantially followed for an effective
dedication. [Cases: Dedication C=:>22.]
tacit dedication. (1926) A dedication of property for
public use arising from silence or inactivity and
without an express agreement.
dedication and reservation. A dedication made with
reasonable conditions, restrictions, and limitations.
dedication day. See DAY.
de die in diem (dee dJ-ee in dI-am). [Law Latin] From
day to day; daily.
dedi et concessi (dee-dI et bn-ses-I). [Law Latin] I have
given and conveyed . These were the words generally
used to convey a gift.
dedimus et concessimus (ded-a-mas et kan-ses-i-mds).
[Law Latin] We have given and granted . These words
were used in a conveyance when there was more than
one grantor or when the grant was from the Crown.
dedimus potestatem (ded-a-m<ls poh-tes-tay-t<lm). [Law
Latin "we have given power"] 1. A commission issuing
from the court before which a case is pending, autho
rizing a person named in the commission to compel the
attendance of certain witnesses, to take their testimony
on the written interrogatories and cross-interrogatories
attached to the commission, to reduce the answers to
writing, and to send it sealed to the court issuing the
commission. 2. In England, a chancery writ commis
sioning the persons named in the writ to take certain
actions, including administering oaths to defendants
and justices of the peace . The writ was formerly
used to commission a person to take action such as
acknowledging a fine and appointing an attorney for
representation in court. Before the Statute of West
minster (1285), an attorney could not appear on behalf
ofa party without this writ. -Also termed dedimus
potestatem de attomo faciendo.
"Dedimus potestatem is a writ that lies where a man sues
in the king's court, or is sued, and cannot well travel, then
he shall have this writ directed to some justice, or other
discreet person in the country, to give him power to admit
some man for his attorney, or to levy a fine, or to take his
confession, or his answer, or other examination, as the
matter requires." Termes de la Ley 148 (lst Am. ed. 1812).
dediticii (ded-i-tish-ee-I or dee-di-tI-shee-I), n. pl.
[Latin "those who have surrendered"] Roman law. The
lowest class of freemen whose members were ineligi
ble for Roman citizenship, including enemies granted
freedom in exchange for surrender, or, under the Lex
Aelia Sentia, manumitted slaves convicted of a crime
in a court, or branded or put in chains by their former
owners. _ Dediticii who were formerly slaves were not
allowed to live within 100 miles of Rome. Justinian
abolished this status. Also spelled dedititii. -Sing.
dediticius, dedititius. "Dediticii ... were not reduced to slavery, but to a condition
quite analogous. They were not allowed to make a will, or
to take under one; they never obtained Roman citizenship.
and they could not come within one hundred miles of the
city of Rome." Andrew Stephenson, A History ofRoman Law
 119, at 324 (1912).
"Slaves who before manumission had been subjected to
degrading punishment (e.g, had been branded or made to
fight in the arena) were given, on manumission, a special
status, viz. that of enemies surrendered at discretion (dedi
ricii). A dediticius, though free and not a slave, had none
of the rights of a citizen, could never under any circum
stances better his position (e.g. become a citizen), and was
not allowed to live within 100 miles of Rome." R.w. Leage,
Roman Private Law 67 (C.H. Ziegler ed., 2d ed.


." R.w. Leage,
Roman Private Law 67 (C.H. Ziegler ed., 2d ed. 1942).
dedition (di-dish-<ln), n. [fro Latin deditio "give up"] (16c)
A surrender of something, such as property.
de diversis regulis juris antiqui (dee di-v~r-sis reg-ya-lis
joor-is an-tI-kwI). [Latin uof various rules of ancient
law"] Roman law. The last title in the Digest, containing
211 maxims. See DIGEST (2).
de dolo malo (dee doh-loh mal-oh). [Latin] Ofor based
on fraud. See ACTIO DE DOLO MALO.
de domo reparanda (dee doh-moh rep-a-ran-d<l), n.
[Law Latin "to repair a house"] Rist. A writ ordering a
cotenant to contribute to the expenses of maintaining
common property.
De Donis Conditionalibus (dee doh-nis bn-dish-ee
;,-nal-i-b<ls). An English statute, enacted in 1285, that
gave rise to the ability to create a fee tail. Often short
ened to De Donis. -Sometimes written de donis con
ditionalibus.
"[Tlhe statute de donis of 13 Edw. I. ... was intended to
check the judicial construction, that had, in a great degree,
discharged the conditional fee from the limitation imposed
by the grant. Under that statute, fees conditional were
changed into estates tail. , ... 4 James Kent, Commentar
ies on American Law*444 (George Comstock ed., 11th ed.
1866).
"[Alfter De Donis, the formula 'to A and the heirs of his
body' gave to A an estate known as an estate in fee tail.
Because A had no power to transfer an estate in fee simple
absolute, it became theoretically possible for persons like o to tie up the ownership of land in a single family for
hundreds of years. We say theoretically possible because by
1472 a way would be found for the tenant in tail (as A was
called) to transfer an estate in fee simple absolute despite
De Donis." Thomas F. Bergin & Paul G. Haskell, Preface to
Estates in Land and Future Interests 29 (2d ed, 1984).
de dote assignanda (dee doh-tee as-ig-nan-da), n. [Law
Latin "for assigning dower"] Rist. A writ ordering a
royal escheater to provide dower to a widow ofa tenant
holding an estate directly from the Crown.
de dote unde nil habet (dee doh-tee an-dee nil hay-bet),
n. [Law Latin "of dower whereof she has none"] A writ
ordering a tenant interfering with a widow's right to
dower to provide a reasonable dower. -Also termed
writ ofdower. Cf. UNDE NIHIL HABET.
"DE DOTE UNDE NIL HABET. This is a writ of right in its nature ....
It must be brought by the widow as demandant, against
the tenant of the freehold, that is, the heir or his alienee,
and its effect is to enable the former to recover from the
latter the seisin of a third part of the tenements in demand,
to be set forth to her in severalty by metes and bounds,

475 deed
together with damages and costs." I Alexander M. Burrill,
A Law Dictionary and Glossary 433 (2d ed. 1867).
deductible, adj. Capable ofbeing subtracted, esp. from
taxable income. See DEDUCTION (2).
deductible, n. (1929) 1. Under an insurance policy, the
portion of the loss to be borne by the insured before the
insurer becomes liable for payment. Cf. SELF-INSURED
RETENTION. [Cases: Insurance 2523.]
straight deductible. A deductible that is a specified,
fixed amount.
2. The insurance-policy clause specifying the amount
of this portion.
deduction, n. (I5c) 1. The act or process of subtracting
or taking away. 2. Tax. An amount subtracted from
gross income when calculating adjusted gross income,
or from adjusted gross income when calculating taxable
income. -Also termed tax deduction. Cf. EXEMPTION
(3); TAX CREDIT. [Cases: Internal Revenue (;:::>3270
3516; Taxation (;:::>3501-3523.]
additional standard deduction. (1956) The sum ofthe
additional amounts that a taxpayer who turns 65 or
becomes blind before the close of the taxable year is
entitled to deduct. [Cases: Internal Revenue (;:::>3295;
Taxation (;:::>3501.]
charitable deduction. (1925) A deduction for a contri
bution to a charitable enterprise that has qualified for
tax-exempt status in accordance with IRC (26 USCA)
 501{c)(3) and is entitled to be deducted in full by the
donor from the taxable estate or from gross income.
See CHARITABLE CONTRIBUTION (2); CHARITABLE
ORGANIZATION. [Cases: Internal Revenue (;:::>3337;
Taxation <>~'3501.]
deduction in respect ofa decedent. (I949) A deduc
tion that accrues to the point of death but is not rec
ognizable on the decedent's final income-tax return
because of the accounting method used, such as an
accrued-interest expense ofa cash-basis debtor.
itemized deduction. (1943) An expense (such as a
medical expense, home-mortgage interest, or a
charitable contribution) that can be subtracted from
adjusted gross income to determine taxable income.
marital deduction. (1949) A federal tax deduction
allowed for lifetime and testamentary transfers from
one spouse to another. IRC (26 USCA)  2056, 2523.
[Cases: Internal Revenue (;:::>4169.]
miscellaneous itemized deduction. (1955) Generally,
an itemized deduction ofjob or investment expenses;
a deduction other than those allowable in comput
ing adjusted gross income, those enumerated in IRC
(26 USCA)  67(b), and personal exemptions . This
type of deduction is allowed only to an itemizing
taxpayer whose total miscellaneous itemized deduc
tions exceed a statutory percentage of adjusted gross
income.
standard deduction. (1944) A specified dollar amount
that a taxpayer can deduct from adjusted gross
income, instead ofitemizing deductions, to determine taxable income. [Cases: Internal Revenue <.r'::>3295;
Taxation (;:::::: 3501.]
3. The portion of a succession to which an heir is
entitled before a partition. 4. The act or process ofrea
soning from general propositions to a specific applica
tion or conclusion. Cf. INDUCTION (2). deduct (for
senses vb. deduce (for sense 4), vb.
deduction for new. See NEW-FOR-OLD (1).
deduction in respect ofa decedent. See DEDUCTION.
deductis debitis (di-d",k-tis deb-i-tis). [Latin] Hist. The
debts being deducted . Before an estate could be ascer
tained, the debts had to be deducted.
de ea re ita censuere (dee ee-a ree I-ta sen-s[y]oo-a-ree).
[Latin] Concerning that matter they have so decreed.
 This phrase was used to record decrees ofthe Roman
senate. Abbr. d.e.r.i.c.
deed, n. (bef. 12c) 1. Something that is done or carried
out; an act or action. 2. A written instrument by which
land is conveyed. 3. At common law, any written instru
ment that is Signed, sealed, and delivered and that
conveys some interest in property. See special contract
&contract under seal under CONTRACT. Also termed
(in senses 2 & 3) evidence oftitle. Cf. CONVEYANCE; BILL
OF SALE. deed, vb.
"A deed is a writing sealed and delivered. For if either a
parchment without writing be delivered as one's deed,
yet it is not his deed, though an obligation be afterwards
written in it: or if it be a writing but not sealed at the time of
the delivery of it as his deed, it is a scrole and not his deed.
Or if I make and seal a deed, and the party take it without
my delivery. I may plead it is not my deed." Sir Henry Finch,
Law, or a Discourse Thereof 108 (1759).
"What then is a deed? Unfortunately the word is not free
from ambiguity. In the original and technical sense a deed
is a written instrument under the seal of the party execut
ing it. Because, however, of the wide use of such instru
ments in the conveyance of real estate, it has come to
mean in popular acceptance any formal conveyance for
the transfer of land or of an interest therein. The dual use
of the term has crept into the language of courts and law
writers, so that in the reading of cases it is difficult to
determine whether the word is used in the first and original
sense, or whether it connotes a formal instrument of the
type ordinarily employed for the conveyance of land." Ray
Andrews Brown, The Law of Personal Property  46, at
118-19 (2d ed. 1955).
"All deeds are documents. but not all documents are deeds.
For instance, a legend chalked on a brick wall, or a writing
tattooed on a sailor's back may be documents but they
are not deeds. A deed is, therefore, a particular kind of
document. It must be a writing and a writing on paper or
its like, e.g., vellum or parchment. Any instrument under
seal is a deed if made between private persons. It must be
signed, sea/ed, and delivered. A deed must either (al effect
the transference of an interest, right or property. or (b)
create an obligation binding on some person or persons, or
(c) confirm some act whereby an interest, right, or property
has already passed." Gerald Dworkin, Odgers' Construction
ofDeeds and Stawtes 1 (5th ed. 1967).
absolute deed. (17c) A deed that conveys title without
condition or encumbrance. -Also termed deed
absolute.
administrator's deed. A document that conveys
property owned by a person who has died intestate.

bargain-and-sale deed. (1972) A deed that convevs
property to a buyer for valuable consideration b~t
that lacks any guarantee from the seller about the
of the title. See BARGAIN AND SALE. [Cases:
composition deed. A deed reflecting the terms of an
agreement between a debtor and a creditor to dis
charge or adjust a debt. [Cases: Debtor and Creditor
1O.J
counterdeed. A secret deed, executed either before a
notary or under a private seal, that voids, invalidates,
or alters a public deed.
deathbed deed. Rare. A deed executed by a grantor
shortly before death . The grantor need not be aware
that he or she is near death when the deed is executed.
Deeds (;:=68(3), 70(7), 72(2).]
deed absolute. See absolute deed.
deed in fee. (18c) A deed conveying the title to land in
fee simple, usu. with covenants.
deed in lieu offoreclosure. (1934) A deed by which a
borrower conveys fee-simple title to a lender in sat
isfaction of a mortgage debt and as a substitute for
foreclosure . This deed is often referred to simply as
"deed in lieu." [Cases: Mortgages ~~293.]
deed ofcovenant. (17c) A deed to do something, such
as a document providing for periodic payments by
one party to another (usu. a charity) for tax-saving
purposes. The transferor can deduct taxes from the
payment and, in some cases, the recipient can reclaim
the deducted tax.
deed ofdistribution. A fiduciary's deed conveying a
decedent's real estate.
deed ofgift. (16c) A deed executed and delivered
without consideration. -Also termed gratuitous
deed.
deed of inspectorship. Hist. An instrument reflect
ing an agreement between a debtor and a creditor to
appoint a receiver to oversee the winding up of the
debtor's affairs on behalfof the creditor.
deed ofpartition. (18c) A deed that divides land held
by joint tenants, tenants in common, or coparceners.
[Cases: Partition (::::;,96.]
deed ofreconveyance. A deed conveying title to real
property from a trustee to a grantor when a loan is
repaid. Cf. deed oftrust.
deed ofrelease. A deed that surrenders full title to a
piece of property upon payment or performance of
specified conditions.
deed ofseparation. An instrument governing a spouse's
separation and maintenance. [Cases: Husband and
Wife
deed ojsettlement. 1. A deed to settle something,
such as the distribution of property in a marriage.
2. English law. A deed formerly used to form a jOint
stock company. deed of trust. (17c) A deed conveying title to real
property to a trustee as security until the grantor
repays a loan. This type of deed resembles a
mortgage. -Also termed trust trust indenture;
indemnity mortgage; common-law mortgage. Cf. deed
ofreconveyance. [Cases: Mortgages (;:=8.]
deed poll. (16c) A deed made by and binding on only
one party, or on two or more parties having similar
interests. It is so called because, traditionally, the
parchment was "polled" (that is, shaved) so that it
would be even at the top (unlike


parchment was "polled" (that is, shaved) so that it
would be even at the top (unlike an indenture).
Also spelled deed-poll. Cf. INDENTURE.
deed to lead uses. A common-law deed prepared before
an action for a fine or common recovery to show the
object ofthose actions.
deed without covenants. See 'luitclaim deed.
defeasible deed. (1802) A deed containing a condition
subsequent causing title to the property to revert to
the grantor or pass to a third party.
derivative deed. See secondary conveyance under CON
VEYANCE.
disentailing deed. Hist. A tenant-in-tail's assurance
that the estate tail will be barred and converted into
an estate in fee. The Fines and Recoveries Act (3
& 4 Will. 4 ch. 74) introduced this way of barring
an entail. It authorized nearly every tenant in tail, if
certain conditions were met, to dispose ofthe land in
fee simple absolute and thus to defeat the rights ofall
persons claiming under the tenant.
donation deed. A deed granted by the government to
a person who either satisfies the statutory conditions
in a donation act or redeems a bounty-land warrant.
See DONATION ACT; BOUNTY-LAND WARRANT. [Cases:
Public Lands (;:=42.J
full-covenant-and-warranty deed. See warranty
deed.
general warranty deed. See warranty deed.
gift deed. (1864) A deed given for a nominal sum or for
love and affection.
good deed. A deed that conveys good title as opposed
to a deed that is merely good in form. Also termed
lawful deed.
grant deed. (1891) A deed containing, or having implied
by law, some but not all of the usual covenants oftitle;
esp., a deed in which the grantor warrants that he or
she (1) has not previously conveyed the estate being
granted, (2) has not encumbered the property except
as noted in the deed, and (3) will convey to the grantee
any title to the property acquired after the date of
the deed.
gratuitous deed. See deed ofgift.
inclusive deed. See inclusive grant under GRANT.
indented deed. See INDENTURE (2).
latent deed. A deed kept in a strongbox or other secret
place, usu. for 20 years or more.

lawful deed. See good deed.
mineral deed. A conveyance of an interest in the
minerals in or under the land. [Cases: Mines and
Minerals
mortgage deed. The instrument creating a mortgage. _
A mortgage deed typically must contain (1) the name
ofthe mortgagor, (2) words of grant or conveyance, (3)
the name ofthe mortgagee, (4) a property description
sufficient to identify the mortgaged premises, (5) the
mortgagor's signature, and (6) an acknowledgment.
To be effective and binding, a mortgage deed must
also be delivered. [Cases: Mortgages ~42.1
onerous deed. Scots law. A deed given in exchange for
a valuable consideration, often as part of a marriage
settlement.
quitclaim deed. (I8c) A deed that conveys a grantor's
complete interest or claim in certain real property
but that neither warrants nor professes that the title is
valid. Often shortened to quitclaim. -Also termed
deed without covenants. Cf. warranty deed. [Cases:
Deeds 121.]
"A quitclaim deed purports to convey only the grantor's
present interest in the land, if any, rather than the land
itself. Since such a deed purports to convey whatever
interest the grantor has at the time, its use excludes any
implication that he has good title, or any title at all. Such a
deed in no way obligates the grantor. If he has no interest,
none will be conveyed. If he acquires an interest after exe
cuting the deed, he retains such interest. If, however, the
grantor in such deed has complete ownership at the time
of executing the deed, the deed is suffiCient to pass such
ownership. .. A seller who knows that his title is bad or
who does not know whether his title is good or bad usually
uses a quitclaim deed in conveying." Robert Kratovil, Real
Estate Law49 (6th ed. 1974).
release deed. A deed that is issued once a mortgage has
been discharged, explicitly releasing and reconveying
to the mortgagor the entire interest conveyed by an
earlier deed of trust. -Also termed reconveyance;
satisfaction; release. [Cases: Mortgages ~309.1
sheriff's deed. A deed that gives ownership rights in
property bought at a sheriff's sale. [Cases: Execution
(;::3031
special warranty deed. (1808) 1. A deed in which the
grantor covenants to defend the title against only
those claims and demands of the grantor and those
claiming by and under the grantor. [Cases: Covenants
67.1 2. In a few jurisdictions, a quitclaim deed.
Cf. warranty deed. [Cases: Deeds ~25, 12Ll
statutory deed. (1832) A warranty-deed form pre
scribed by state law and containing certain warran
ties and covenants even though they are not included
in the printed form.
support deed. A deed by which a person (usu. a parent)
conveys land to another (usu. a son or daughter) with
the understanding that the grantee will support the
grantor for life. _ Support deeds often result in liti
gation.
tax deed. A deed showing the transfer of title to real
property sold for the nonpayment of taxes. See office grant under GRANT; tax sale under SALE. Cf. TAX CER
TIFICATE. [Cases: Taxation
title deed. (18c) A deed that evidences a person's legal
ownership of property. See TITLE.
trust deed. See deed oftrust.
warranty deed. (1802) A deed containing one or more
covenants oftide; esp., a deed that expressly guaran
tees the grantor's good, clear title and that contains
covenants concerning the quality of title, includ
ing warranties of seisin, quiet enjoyment, right to
convey, freedom from encumbrances, and defense
of title against all claims. Also termed general
warranty deed;full-covenant-and-warranty deed. See
WARRANTY (1). Cf. quitclaim deed; special warranty
deed. [Cases: Covenants 0'='46-48, 67.J
wild deed. (1914) A recorded deed that is not in the
chain oftitle, usu. because a previous instrument con
nected to the chain of title has not been recorded.
deed box. Archaic. A box in which deeds of land title
are traditionally kept. _ Such a box is considered an
heirloom in the strict sense. See HEIRLOOM (1).
deed ofagency. A revocable, voluntary trust for payment
ofa debt.
deed of crime. See ACTUS REGS.
deed of feoffment. See FEOFFMENT (3).
deep of inspectorship. See DEED.
deed of reconveyance. See DEED.
deed of trust. See DEED.
de ejectione custodiae (dee ee-jek-shee-oh-nee bs
toh-dee-ee). [Latin "ejectment of a ward"] Rist. A writ
available to a guardian after being ejected from the
ward's land during the ward's minority. -The writ lay
to recover the land or person of the ward, or both. The
French equivalent was ejectment de garde.
de ejectione firmae (dee ee-jek-shee-oh-nee f3r-mee).
[Latin "ejectment of farm"] Rist. A writ or action of
trespass to obtain the return of lands or tenements to
a lessee for a term of years that had been ousted by the
lessor or by a reversioner, remainderman, or stranger.
_ The lessee was then entitled to a writ of ejection to
recover, at first, damages for the trespass only, but later
the term itself, or the remainder of it, with damages.
This action is the foundation of the modern action of
ejectment. See EJECTMENT.
"A writ then of ejectione firmae, or action of trespass in
ejectment, lieth, where lands or tenements are let for a
term of years; and afterwards the lessor, reverSioner,
remainder-man, or any stranger, doth eject or oust the
lessee of his term. In this case he shall have his writ of
ejection, to call the defendant to answer for entering on
the lands so demised to the plaintiff for a term that is not
yet expired, and ejecting him. And by this writ the plaintiff
shall recover back his term, or the remainder of it, with
damages." 3 William Blackstone, Commentaries on the Laws
ofEngland 199 (1768).
deem, vb. (bef. 12c) 1. To treat (something) as if (1) it
were really something else, or (2) it has qualities that it
does not have <although the document was not in fact

478 deemed transferor
signed until April 21, it explicitly states that it must
be deemed to have been signed on April 14>. 2. To
consider, think, or judge <she deemed it necessary>.
'''Deem' has been traditionally considered to be a useful
word when it is necessary to establish a legal fiction either
positively by 'deeming' something to be what it is not or
negatively by 'deeming' something not to be what it is....
All other uses of the word should be avoided .... Phrases
like 'if he deems fit' or 'as he deems necessary' or 'nothing
in this Act shall be deemed to .. .' are objectionable as
unnecessary deviations from common language. 'Thinks'
or 'considers' are preferable in the first two examples and
'construed' or 'interpreted' in the third.... 'Deeming'
creates an artificiality and artificiality should not be
resorted to if it can be avoided," G.c. Thornton, Legislative
Drafting 99 (4th ed. 1996).
deemed transferor. (1988) Tax. A person who holds an
interest in a generation-skipping trust on behalf of a
beneficiary, and whose death will trigger the imposi
tion of a generation-skipping transfer tax . A deemed
transferor is often a child ofthe settlor. For example, a
grandfather could establish a trust with income payable
for life to his son (who, because he is only one genera
tion away from his father, is also known as a nonskip
person) with the remainder to his grandson, a bene
ficiary also known as the skip person. When the son
dies, the trust will be included in his gross estate for
determining the generation-skipping transfer tax. IRC
(26 USCA)  2601-2663. See GENERATION-SKIPPING
TRANSFER; generation-skipping transfer tax under TAX;
generation-skipping trust under TRUST; SKIP PERSON;
NONSKIP PERSON.
deep issue. See ISSUE (1).
deep link. Intellectual property. A Web-page hyperlink
that, when clicked, opens a page on another website
other than that site's home page. Some plaintiffs
have argued, with mixed success, that bypassing their
home page in this manner deprives them of advertising
revenue. Deep linking does not violate copyright ifthe
portal provided does not copy any of the linked page's
content. And if there is no confusion about the source
of the information, deep linking does not constitute
unfair competition.
deep pocket. (1975) 1. (pl.) Substantial wealth and
resources <the plaintiff nonsuited the individuals and
targeted the corporation with deep pockets>. 2. A
person or entity with substantial wealth and resources
against which a claim may be made or a judgment may
be taken <that national insurance company is a favorite
deep pocket among plaintiff's lawyers>.
Deep Rock doctrine. Bankruptcy. The principle by which
unfair or inequitable claims presented by controlling
shareholders of bankrupt corporations may be subor
dinated to claims of general or trade creditors . The
doctrine is named for a corporation that made fraud
ulent transfers to its parent corporation in Taylor v.
Standard Gas & Elee. Co., 306 U.S. 307, 59 S.Ct. 543
(1939). [Cases: BankruptcyC=>2968.]
de escaeta (dee es-kee-t;), n. [Law Latin "of escheat"]
Hist. A writ authorizing a lord to recover land when the
lord's tenant died without an heir. See ESCHEAT. de-escalation clause. A contractual provision to decrease
the price of something if specified costs decrease. Cf.
ESCALATOR CLAUSE (1).
de escambio monetae (dee es-kam-bee-oh m;)-nee-tee),
n. [Law Latin "of exchange of money"] Hist. A writ
authorizing a merchant to prepare a bill of exchange.
de essendo quietum de theolonio (dee e-sen-doh kWI
ee-t;)m dee thee-;)-loh-nee-oh), n. [Law Latin "of being
quit of toll"] Hist. A writ authorizing a person who is
exempt from paying a toll to enforce the exemption
without harassment. Also spelled de essendo quietum
de tolonio.
de essentia (dee e-sen-shee-;). [Law Latin] Hist. Of the
essence; essential.
de essonio de malo leeti (dee e-soh-nee-oh dee mal-oh
lek-tr), n. [Law Latin "of essoin ofmalum lecti (sickness
ofbed)"] Hist. A writ ordering a determination whether
a person is truly sick after the person has issued an