derives from the name of Dives, the supposed
name of the rich man in the parable of the rich man
and Lazarus (Luke 16:19-31). Dives is a Latin word
meaning "rich."
divestitive fact. See FACT.
divestitive publication. See PUBLICATION.
divestiture (di-ves-ta-char or dI-), n.(l7c) l. The loss or
surrender of an asset or interest. 2. A court order to a
party to dispose of assets or property. 3. Antitrust. A
court order to a defendant to rid itselfof property, secu
rities, or other assets to prevent a monopoly or restraint
of trade. divest, vb.
divestment, n. (1844) 1. Property. The cutting short ofan
interest in property before its normal termination. 2.
The complete or partial loss of an interest in an asset,
such as land or stock. 3. DISINVESTMENT (2). -divest,
vb. dividend
divide-and-pay-over rule. (1916) Wills & estates. The
principle that ifthe only provisions in a testamentary
disposition are words ordering that payment be made at
some time after the testator's death, time will be of the
essence and the interest is future and contingent rather
than vested and immediate. [Cases: Wills (::.-;'630(6).]
divided court. (18c) An appellate court whose opinion
or decision in a particular case is not unanimous, esp.
when the majority is slim, as in a 5-to-4 decision of
the U.S. Supreme Court. [Cases: Appeal and Error
1123; Courts C-~102(2); Federal Courts 928.]
divided custody. See CUSTODY (2).
divided-damages rule. Maritime law. The obsolete prin
ciple that when two parties are jointly liable to a third
party for a tort, each party is liable for only half the
damages. The courts now apply a comparative-neg
ligence standard. [Cases: Collision C=143.]
"For over a hundred years admiralty law embraced the
rule of 'divided damages' in collision cases .... In 1975,
in United States v. Reliable Transfer Co., 421 U.S. 397, 95
5.0. 1708,44 L.Ed.2d 251 (1975), the Supreme Court
jettisoned that inequitable and illogical rule in favor of
proportionate allocation of fault among jointtortfeasors
in collision cases. Each vessel now is liable to the other
offending vessel in contribution for that part of the total
damages proportionate to its fault, and is liable for its per
capita (Virile) share only when the respective faults of the
vessels are equal, or when proportionate fault can not be
ascertained." Frank L. Maraist, Admiralty in a Nutshell 165
(2d ed. 1988).
dividend. (17c) A portion of a company's earnings or
profits distributed pro rata to its shareholders, usu. in
the form of cash or additional shares. Corpora
tions C=155(1).]
accumulated dividend. A dividend that has been
declared but not yet paid. Also termed accrued
dividend. [Cases: Corporations 151.]
accumulative dividend. See cumulative dividend.
asset dividend. A dividend paid in the form of property,
usu. the company's product, rather than in cash or
stock. -Also termed property dividend.
bond dividend. A dividend in which a shareholder
receives a bond instead of scrip, property, or money.
capital-gain dividend. A taxable payment to a mutual
fund shareholder . The payment is the shareholder's
proportional share ofthe net capital gains realized by
securities sales from the mutual fund's portfolio.
Also termed capital-gain distribution.
cash dividend. A dividend paid to shareholders in the
form of money. [Cases: Corporations C= 152.]
consent dividend. A dividend that is not actually paid
to the shareholders, but is taxed to the shareholders
and increases the basis in their stock investment . A
corporation declares a consent dividend to avoid or
reduce an accumulated-earnings or personal-hold
ing-company penalty tax.
constructive dividend. A taxable benefit derived by a
shareholder from the corporation even though the
benefit was not designated a dividend . Examples

dividenda 548
include excessive compensation, bargain purchases
of corporate property, or shareholder use of corpo
rate property for personal reasons. [Cases: Internal
Revenue G'::::' 3750-3768.J
cumulative dividend. A dividend that grows from
year to year when not paid . A cumulative dividend
is usu. on preferred shares, and it must be paid in
full before common shareholders may receive any
dividend. Ifthe corporation does not pay a dividend
in a particular year or period, it is carried over to
the next year or period and must be paid before the
common shareholders receive any payment. Also
termed accumulative dividend. Cf. noncumulative
dividend. [Cases: Corporations (;:::>68,156.1
deferred dividend. A dividend that is declared, but is
payable at a future date.
deficiency dividend. A dividend paid to reduce or avoid
personal-holding-company tax in a prior year.
disguised dividend. See informal dividend.
extraordinary dividend. A dividend paid in addition
to a regular dividend, usu. because of exceptional
corporate profits during the dividend period. -Also
termed extra dividend; nonrecurring diVidend; special
dividend. [Cases: Corporations (;:::;, 155(1).J
fixed-return dividend. A dividend that is constant
throughout the investment's life.
informal dividend. A payment ofsalary, rent, interest,
or the like to or for a shareholder as a substitute for a
dividend. Also termed disguised dividend.
liability dividend. See scrip dividend.
liquidation dividend. A dividend paid to a dissolving
corporation's shareholders, usu. from the capital of
the corporation, upon the decision to suspend all or
part of its business operations. -Also termed liqui
dating dividend. [Cases: Corporations (;:::;,629.1
nimble dividend. A dividend paid out of current
earnings when there is a deficit in the account from
which dividends may be paid . Some state statutes
prohibit nimble dividends.
noncumulative dividend. A dividend that does not
accrue for the benefit of a preferred shareholder if
there is a passed dividend in a particular year or
period. Cf. cumulative dividend. [Cases; Corpora
tions
nonrecurring dividend. See extraordinary dividend.
passed dividend. A dividend that is not paid when due
by a company that has a history of paying regular
dividends.
preferred dividend. A dividend paid to preferred share
holders, who are generally paid a fixed amount and
take priority over common shareholders. [Cases: Cor
porations (;:::;, 151, 156.1
property dividend. See asset dividend.
reinvested dividend. A dividend that is used to purchase
additional shares in the corporation, instead ofbeing taken in cash by the shareholder. See DIVIDEND- REIN
VESTMENT PLAN.
scrip dividend. A dividend paid in certificates entitling
the holder to ownership of capital stock to be issued
in the future . This type ofdividend may signal that
the corporation's cash flow is poor. -Also termed
liability dividend.
special dividend. See extraordinary dividend.
stock dividend. A dividend paid in stock expressed as
a percentage ofthe number of shares already held by
a shareholder. [Cases: Corporations (;:::;, 157.J
unpaid dividend. A declared but unpaid dividend.
year-end dividend. An extra dividend paid at the end
of the fiscal year depending on the amount of the
profits.
dividenda (div-i-den-d<l), n. [fr. Latin dividere "to
divide"] Hist. Something to be divided; an indenture.
dividend addition. An amount added to the face value
of a life-insurance policy and purchased by using a
dividend as a single premium payment. [Cases: Insur
ance
dividend-credit rule. The principle that a corporate
reserve fund amassed from unpaid dividends on
preferred stock must be used to pay subsequent div
idends on preferred stock before dividend payments
on common stock. Also termed cast-iron-pipe
doctrine.
dividend date. The date on which a corporation distrib
utes dividends to record owners of stock shares. See
record date under DATE. Cf. EX-DIVIDEND DATE.
dividend income. See INCOME.
dividend-payout ratio. A profitability ratio computed
by diViding annual dividends per share by earnings
per share.
dividend preference. The right of a holder of preferred
shares to receive a dividend before the company pays
dividends to holders of common shares. See preferred
stock under STOCK. Corporations (;:::;, 156.1
dividend-received deduction. (1957) A deduction
allowed to a corporate shareholder for dividends
received from a domestic corporation. IRC (26 GSCA)
 243-247. Internal Revenue (;:;;)3777.]
dividend-reinvestment plan. (1969) A stock-purchase
program that allows investors to reinvest their divi
dends, and perhaps convert additional voluntary
payments, into shares of the entity's common stock,
usu. with no sales charge, and sometimes at a discount
from the stock's market price . Although the investor
never receives the cash, it is still treated as income to
the investor. An investor may be allowed to make
optional cash purchases of additional stock. -Abbr.
DRIP; DRP.
brokerage-run dividend-reinvestment plan. A formal
or informal program managed by a brokerage and
allowing shareholders to reinvest dividends in a port

549
folio, often at no cost. _ Brokerage-run plans are usu.
limited to dividend reinvestment.
company-run dividend~reinvestment plan. A program
operated by a corporation for its own shareholders.
-Company-run plans may offer additional features
such as IRAs.
transfer-agent-run dividend-reinvestment plan. A
program administered by a financial institution for
several companies. -An investor can participate in
more than one DRIP program Simultaneously and
also make additional cash investments in multiple
companies.
dividend yil;ld. The current annual dividend divided by
the market price per share.
divide the assembly. Parliamentary law. To order that
votes in a meeting be counted. -Also termed challenge
the vote; divide the house; doubt the vote. See counted
vote under VOTE (4).
divide the house. See DIVIDE THE ASSEMBLY.
divide the question. Parliamentary law. To break a long
or complex motion, usu. one covering more than one
subject, into shorter motions that the assembly consid
ers independently.
divinare (div-i-nair-ee), vb. [Latin] To foretell or divine
(something).
divinatio (div-i-nay-shee-oh), n. [Latin] Roman law. A
preliminary process for deciding which oftwo or more
applicants had the best claim to conduct a criminal
prosecution against an accused_
divine law. Law that emanates from a supernatural
source, such as a deity. Cf. NATURAL LAW.
divine right ofkings. The political theory that the sover
eign is a direct representative ofGod and has the right
to rule absolutely by virtue ofroyal birth.
"Divine Right of Kings ... originated in the mediaeval
concept of God's award of temporal power to civil rulers
and spiritual power to the Church. It was claimed by the
earlier Stuart kings in England, and explains many of their
attitudes in the struggle which developed between them
and Parliament for political sovereignty .... The principle
of divine right was submerged during the Commonwealth
but re-emerged under James II, but disappeared with his
flight and abdication:' David M. Walker, The Oxford Com
panion to Law 366 (1980).
divine service. 1. Hist. A feudal tenure in which the
tenants were obligated to perform special divine func
tions, such as singing at a certain number ofmasses or
distributing a specified amount in alms. 2. A public
worship service.
divisa (di-VI-Z;:l), n. lfr. French diviser "to divide"] 1. A
division, as ofgoods by a will; a devise. 2. A boundary of
neighboring lands. 3. A court held on such a boundary
to settle the tenants' disputes.
divisible contract. See severable contract under
CONTRACT.
divisible divorce. See DIVORCE.
divisible obligation. See OBLIGATION. divorce
divisible offense. See OFFENSE (1).
divisible promises. See PROMISE.
divisim (di-vI-z"m). [Law Latin] Hist. Severally; sepa
rately.
division. 1. Parliamentary law. A counted vote. See
counted vote under VOTE (4); DIVIDE THE ASSEMBLY.
Also termed division ofthe assembly; division of the
house; division vote. 2. Parliamentary law. The separa
tion of a long or complex motion, usu. one covering
more than one subject, into shorter motions that the
assembly considers independently_ Also termed
division ofthe question. See DIVIDE THE QUESTION.
standing division. See standing vote under VOTE (4).
3. RESTRICTION (4).
divisional application. See PATENT APPLICATION.
divisional bond. See BOND (3).
divisional court. See COURT.
divisional security. See SECURITY.
division offees. See FEE-SPLITTING.
division of powers. (I8c) The allocation of power
between the national government and the states.
Under the Tenth Amendment, powers not delegated to
the federal government are reserved to


between the national government and the states.
Under the Tenth Amendment, powers not delegated to
the federal government are reserved to the states or to
the people. But today the Tenth Amendment provides
only a limited check on Congress's power to regulate
the states. Cf. SEPARATION OF POWERS. [Cases: States
C=>4.16.]
division ofproperty. See PROPERTY SETTLEMENT (1).
division ofthe assembly. See DIVISION (1).
division ofthe house. See DIVISION (1).
division ofthe question. See DIVISION (2).
division order. Oil & gas. A contract for the sale of oil
or gas, specifying how the payments are to be distrib
uted. _ Royalty owners enter into division orders to sell
minerals and to instruct how payments are to be made
under a mineral lease. Working-interest owners also
commonly sign division orders to instruct purchasers
how payments are to be divided. [Cases: Mines and
Minerals (..,.'-::>79.1(3).]
division vote. See DIVISION (1)_
divisum imperium (di-vI-z"m im-peer-ee-"m), n_ [Latin
"a divided empire"] Divided jurisdiction; alternate
jurisdiction, as ofcourts.
"This main sea begins at the low-water-mark. But between
the high-water-mark and the low-water-mark, where the
sea ebbs and flows, the common law and admiralty have
divisum imperium, an alternate jurisdiction; one upon the
water, when it is full sea; the other upon the land, when it
is an ebb." 1 William Blackstone, Commentaries on the Laws
ofEngland 107 (l765).
divorce. (14c) The legal dissolution of a marriage by a
court. Also termed marital dissolution; dissolution
ofmarriage. Cf. ANNULMENT. [Cases: Divorce C=>1.]
divorce, vb.
"When used Without qualification, the term [divorce]
imports a dissolution of the marriage relation between

550 divorce
husband and wife, that is, a complete severance of the tie
by which the parties were united. However, in its common
and wider use, the term includes the dissolution of a valid
marriage, a formal separation of married persons, and the
annulment of a marriage void from the beginning.
"So, while the term 'divorce' has sometimes been broadly
defined or applied to include both decrees of nullity and
decrees of dissolution of marriage, especially where the
marriage was not void but only VOidable at the option of
the injured party, this has been declared to be not in accord
with modern usage, and generally, the term denotes only
dissolution or suspension of a marital relation, and does
not include annulment of an invalid marriage." 27A CJS
Divorce  2, at 31-32 (1986).
absolu~e divorce. See divorce a vinculo matrimonii.
bifurcated divorce. See divisible divorce.
collaborative divorce. A divorce negotiated in a non
adversarial forum, usu. between spouses who, with or
without a lawyer, are assisted as needed by a team of
experts in law, mental health, and financial matters
(such as taxes and real estate).
conditional divorce. See conversion divorce.
contested divorce. 1. A divorce that one spouse opposes
in court. 2. A divorce in which the spouses litigate.
 In this sense, although both spouses may want the
divorce, they disagree on the terms of the divorce
decree. Cf. uncontested divorce.
conversion divorce. A divorce granted after (1) a legal
separation has been granted or the parties have signed
a separation agreement, and (2) the parties have lived
separately for a statutorily prescribed period. Also
termed convertible divorce; conditional divorce. [Cases:
Divorce
divisible divorce. (I943) A divorce whereby the
marriage itself is dissolved but the issues incident to
the divorce, such as alimony, child custody, and visi
tation, are reserved until a later proceeding. _ This
type of divorce can be granted when the court has
subject-matter jurisdiction but lacks personal juris
diction over the defendant-spouse. The doctrine of
divisible divorce was recognized by the Supreme
Court in Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213
(1948), and Vanderbilt v. Vanderbilt, 354 U.S. 416, 77
S.Ct. 1360 Also termed bifurcated divorce.
146.]
divorce a mensa et thoro (ay men-Sd et thor-oh). [Latin
"(divorce) from board and hearth"] (18c) Hist. A
partial or qualified divorce by which the parties were
separated and allowed or ordered to live apart, but
remained technically married . This type ofdivorce,
abolished in England in 1857, was the forerunner of
modern judicial separation. -Also termed separa
tion a mensa et thoro; separation from bed and board;
limited divorce; legal separation; judicial separation.
[Cases: Divorce \;=> 155.]
"[The Ecclesiastical Courts] grant also what is called a
divorce a mensa et thoro, or rather what we should call a
judicial separation, i.e. they release the parties from the
duty of living together on grounds of cruelty or miscon
duct ...." William Geldart, Introduction to English Law 38
(D.C.M. Yardley ed., 9th ed. 1984). divorce a vinculo matrimonii (ay ving-kYd-loh ma-trd
moh-nee-I). [Latin "(divorce) from the chains of
marriage"] (17c) A total divorce of husband and wife,
dissolving the marriage tie and releaSing the parties
wholly from their matrimonial obligations. At
common law, but not always in canon law, this type of
divorce bastardized any children from the marriage
and was granted on grounds that existed before the
marriage. In England, the Matrimonial Causes Act
of 1857 introduced statutory divorce a vinculo mat
rimonii. Usu. shortened to divorce. Also termed
absolute divorce. Cf. limited divorce. [Cases: Divorce
Dominican divorce. See Mexican divorce.
ex parte divorce (eks pahr-tee). (1870) A divorce pro
ceeding in which only one spouse participates or
appears in court. [Cases: Divorce C::) 146.]
fault divorce. A divorce granted to one spouse on
the basis of some proven wrongful act (grounds for
divorce) by the other spouse. Although all states
now have some form ofno-fault divorce, some juris
dictions still consider a spouse's fault in precipitating
the divorce, esp. when dividing marital property or
when awarding alimony. Traditionally, the common
grounds for a fault divorce were adultery, abandon
ment, imprisonment, and physical or mental cruelty;
the defenses to alleged fault in a petition for divorce
were condonation, connivance, collusion, recrimi
nation, and insanity. Section 303(e) of the Uniform
Marriage and Divorce Act has abolished the defenses
to divorce. Cf. noJault divorce.
foreign divorce. (I83l) A divorce obtained outside the
state or country in which one spouse resides. [Cases:
Divorce \;=>351-420.]
Haitian divorce. See Mexican divorce.
hotel divorce. Slang. A form of collusive divorce
occurring before widespread passage of no-fault
divorce laws in which the spouses agree to fake an
adultery scene to create "fault." Cf. noJault divorce.
"Clearly a lawyer may not originate or participate in a
scheme to make it appear to the court that a ground for
divorce has occurred when this is not the fact. Such is the
case in the so-called 'hotel divorces,' prevalent in jurisdic
tions where adultery is the only ground for divorce, and
based on the principle that intercourse will be presumed
from apparently uninhibited opportunity." Henry S. Drinker,
Legal Ethics 123-24 (1953).
legislative divorce. Hist. The legal termination of a par
ticular marriage, through a statute enacted by the leg
islature rather than by a court's decree. -In the 18th
century, Colonial American legislatures granted these
special statutes. In 1816, the House of Burgesses of
Virginia granted a divorce to Rachel Robards Jackson,
the wife of then President Andrew Jackson, from a
former spouse. Mrs. Jackson's untimely death was
attributed to her reaction to the scandal that she had
married Jackson before the divorce was procured.
Now only state courts have authority to grant decrees
of divorce. -Also termed parliamentary divorce.
[Cases: Divorce

limited divorce. (1831) 1. A divorce that ends the legal
relationship of marriage by court order but does not
address financial support, property distribution, or
care and custody of children. In the days before
no-fault divorce, a spouse might seek a quick divorce
in a state with a short reSidency requirement (such
as Nevada). Then courts in the home state would
give full faith and credit only to the dissolution of
the marital res, while maintaining sale jurisdiction
over property-division, support, and custody issues.
[Cases: Divorce 2. Loosely, a legal separa
tion. 3. See divorce a mensa et thoro. Cf. divorce a
vinculo matrimonii.
mail-order divorce. (1922) Slang. A divorce obtained
by parties who are not physically present or domiciled
in the jurisdiction purporting to grant the divorce .
Such a divorce is not recognized in the United States
because of the absence of the usual bases for juris
diction.
Mexican divorce. A divorce obtained in Mexico by mail
order or by the appearance of one spouse who does
not have a Mexican domicile . Neither type is rec
ognized in the United States. Also termed Domini
can divorce (if granted in the Dominican Republic);
Haitian divorce (if granted in Haiti).
migratory divorce. (1911) A divorce obtained in a
jurisdiction other than the marital domicile; esp., a
divorce obtained by a spouse who moves to, or tem
porarily resides in, another state or country to get
the divorce.
no-fault divorce. (1969) A divorce in which the parties
are not required to prove fault or grounds beyond
a showing of the irretrievable breakdown of the
marriage or irreconcilable differences . The system
ofno-fault divorce has been adopted throughout the
United States. By 1974,45 states had adopted no-fault
divorce; by 1985, every state but New York had
adopted some form of it. In New York -one ofthe
last bastions offault grounds for divorce -the closest
equivalent is a conversion divorce one year after legal
separation or a legal-separation agreement. Cf. fault
divorce; hotel divorce. [Cases: Divorce C=' 12.)
parliamentary divorce. See legislative divorce.
pro-con divorce. Slang. An uncontested divorce
granted after only the plaintiff appears at the pro
ceeding (since the defendant contests nothing).
quickie div()rce. Slang. A fast divorce granted with
minimal paperwork. Also termed quick divorce.
rabbinical divorce. A divorce granted under the
authority of a rabbi.  This type of divorce affects
the relationship of the parties under the tenets of
Judaism. It affects particularly a Jewish woman's
ability to remarry in accordance with Judaic law. In
the United States, it is not generally a divorce recog
nized in civil courts. Also termed get.
uncontested divorce. A divorce that is unopposed
by the spouse who did not initiate it. Cf. contested
divorce. divorce agreement. A contractual agreement that sets
out divorcing spouses' rights and responsibilities
regarding property, alimony, custody, visitation, and
child support.  The divorce agreement usu. becomes
incorporated by court order as a part of the divorce
decree and thus is enforceable by contempt, among
other remedies. -Also termed agreement incident to
divorce; marital settlement agreement; separation agree
ment. Cf. PROPERTY SETTLEMENT. [Cases: Husband and
Wife C=,277.)
divorce decree. See DECREE.
divorce proctor. A person (such as a guardian) who is
appointed to protect the interest of the state or children
in a divorce action. Sometimes shortened to proctor.
[Cases: Infants (>76.)
divortium (di-vor-shee-;>m), n. [Latin) 1. Roman law.
Divorce; a severance of the marriage tie . In classical
law, no grounds were required. Cf. REPUDIUM. 2. Eccles.
law. A decree allowing spouses to separate or declaring
their marriage invalid.
"Owing to the fact that the church had but slowly made
up her mind know to know no such thing as a divorce in
our acceptation of that term (i.e., the dissolution of a valid
marriage) the term divortium is currently used to signify
two very different things, namely (1) the divortium quoad
roYum, which is the equivalent of our 'judicial separation,'
and (2) what is very often called the divortium quoad
vinculum but is really a declaration of nullity. The persis
tence of the word divoytium in the latter case is a trace of an
older state of affairs, but in medieval practice the decree of
nullity often served the purpose of a true divorce; spouses
who had quarrelled began to investigate their pedigrees
and were unlucky if they could discover no impedimentum
dirimens." 2 Frederick Pollock & Frederic William Maitland,
History ofEnglish Law Before the Time ofEdward 1393 n.5
(2d ed. 1899; repro 1959).
D.J. See district judge under Jt:DGE.
DJIA. abbr. DOW JONES INDU


D.J. See district judge under Jt:DGE.
DJIA. abbr. DOW JONES INDUSTRIAL AVERAGE.
DLA. abbr. DEFENSE LOGISTICS AGENCY.
DLiC. See documentary letter ofcredit under LETTER OF
CREDIT.
DLOP. abbr. Dismissal for lack of prosecution. See dis
missal for want ofprosecution under DISMISSAL (1).
DLOP docket. See DWOP docket under DOCKET (z).
DLSA. abbr. DEFENSE LEGAL SERVICES AGENCY.
DMCA. abbr. DIGITAL MILLENNIUM COPYRIGHT ACT.
DNA. abbr. Deoxyribonucleic acid; the double-helix
structure in cell nuclei that carries the genetic infor
mation of most living organisms.
DNA identification. (1987) A method ofscientific iden
tification based on a person's unique genetic makeup;
sped., the comparison ofa person's deoxyribonucleic
acid (DNA) a patterned chemical structure of genetic
information with the DNA in a biological specimen
(such as blood, tissue, or hair) to determine whether the
person is the source of the specimen . DNA evidence
is used in criminal cases for purposes such as identify
ing a victim's remains, linking a suspect to a crime, and
exonerating an innocent suspect. Also termed DNA

fingerprinting; genetic fingerprinting: DNA profiling;
DNA typing. Cf. HUMAN-LEUKOCYTE ANTIGEN TEST.
[Cases: Criminal Law C=>388.2; Evidence 150.]
DNR order. abbr. DO-NOT-RESUSCITATE ORDER.
do (doh). [Latin] Rist. I give. -This term was considered
the oldest and aptest for a feoffment and gift.
DOC. abbr. DEPARTMENT OF COMMERCE.
dock, n. 1. A structure that encloses water. often between
two piers, in which ships are received for loading,
unloading, safekeeping, or repair. [Cases: Wharves
C=>4.] 2. 'The part of a warehouse or other building
(usu. elevated with oversized doors) at which trucks
are received for loading and unloading. 3. English
law. In a criminal court, the enclosure in which the
prisoner is placed during trial <it was through his own
deliberate choice that Mr. Bourne found himself in
the dock at the Old Bailey, charged with a felony>. See
BAIL DOCK.
dockage. A charge for the use of a dock, esp. while a
vessel is undergoing repairs.
docket, n. (15c) 1. A formal record in which a judge or
court clerk briefly notes all the proceedings and filings
in a court case <review the docket to determine the
filing date>. -Also termed judicial record: bench
docket: docket sheet. [Cases: Appeal and Error
493-543; Criminal LawC~1086.1-1088.20.]
appearance docket. (I8c) A list of the parties and
lawyers participating in an action, together with a
brief abstract of the successive steps in the action.
[Cases: Appearance Federal Civil Procedure
C=>561.j
judgment docket. (1826) A book that a court clerk keeps
for the entry or recordation of judgments, giving
official notice ofexisting judgment liens to interested
parties. Also termed judgment book; judgment file;
judgment record; judgment roll. [Cases: )udgment C=>
277, 284.]
2. A schedule of pending cases <the case is third on
Monday's trial docket>. Also termed court calendar;
cause list; trial calendar. [Cases: Criminal Law
632(2); Federal Civil Procedure 1991; Trial (;::::>
9(1).]
DWOP docket. A list ofcases that the court has set for
possible dismissal for want of prosecution. Also
termed doowop docket; DLOP docket. See dismissal
for want ofprosecution under DISMISSAL (1).
preferred docket. (1993) A list of cases set for trial,
arranged in order of priority. -Criminal cases are,
for example, generally given precedence over civil
cases on the preferred docket because of the consti
tutional right to a speedy trial. lCases: Criminal Law
C::::c632(2); Trial (;=:> 13.]
3. DOCKET CALL <the agreed judgment was Signed at
the court's uncontested docket call on May 24>. 4. Par
liamentary law. A list ofeach motion, report, election,
and other business that awaits a deliberative assembly's
consideration, from which a board or officer prepares and circulates an agenda for each meeting or for a series
of upcoming meetings <in planning the meeting, the
chair worked from an exhaustive docket>. See AGENDA.
S. A written abstract that provides specific information
(usu. about something attached); esp., a label <check
the docket to determine the goods' destination and
value>. 6. Rist. A notary's attestation at the end of a
deed or other instrument; esp., the attestation at the
end ofan instrument ofseisin. -Also spelled docquet.
See MANU ALIENA.
docket, vb. (17c) 1. To make a brief entry in the docket of
the proceedings and filings in a court case <to docket
the filing date>. 2. To abstract and enter in a book <to
docket a judgment>. 3. To schedule (a case) for trial
or some other event <the case was docketed for a May
trial>.
docket call. (1899) A court session in which attornevs
(and sometimes parties) appear in court to report the
status oftheir cases. -For example, they may announce
readiness for trial or report the suit's settlement.
Often shortened to docket.
docket entry. A note made in the court's formal record
of proceedings and filings. See DOCKET (1).
docket fee. See FEE (1).
docket number. (1866) A number that the court clerk
assigns to a case on the court's docket.
docket order. See ORDER (2).
docket sheet. See DOCKET (1).
dockmaster. English law. An officer who directs the
mooring and removal of ships to avoid the obstruc
tion ofcommerce.
dock receipt. Maritime law. An interim document issued
by a maritime carrier to evidence the delivery ofgoods
at the dock. -Generally, a dock receipt entitles the
designated person to receive a bill oflading, waybill,
or other transport document. -Also termed dock
warrant. See DOCUMENT OF TITLE. [Cases: Shipping
C=> 106(6).]
dock sale. See SALE.
dock warrant. See DOCK RECEIPT.
doctor. 1. Rist. In Roman Catholic canon law, an
honorary title for a scholar. 2. A title ofa person who
has acquired an advanced degree in academics, or has
achieved an honorable distinction. 3. A physician. -
Abbr. Dr. [Cases; HealthC~llO.l
Doctor of Juridical Science. A graduate law degree,
beyond the J.D. and the LL.M. Abbr. S.).D.; J.S.D.
Also termed Doctor ofJudicial Science; Doctor ofthe
Science ofJurisprudence; Doctor ofthe Science ofLaw.
Doctor ofJurisprudence. See JURIS DOCTOR.
Doctor ofLaw. See JURIS DOCTOR.
Doctor of Laws. An honorary degree bestowed on one
who has achieved great distinction. -Abbr. LL.D. Cf.
JURIS DOCTOR; MASTER OF LAWS.

553 doctrine of equivalents
Doctor ofthe Science ofJurisprudence. See DOCTOR OF
JURIDICAL SCIENCE.
Doctor of the Science of Law. See DOCTOR OF JURIDI
CAL SCIENCE.
doctor-patient privilege. See PRIVILEGE (3).
doctor-patient relationship. See RELATIONSHIP.
Doctors' Commons. Hist. Informal. The College ofAdvo
cates and Doctors of Law, which trained specialists in
admiralty and ecclesiastical law and housed admiralty
and ecclesiastical courts from the 16th century to the
19th. The College was dissolved in the 1860s after its
functions were absorbed by the High Court. -Some
times written Doctors' Common.
doctrine. (14c) L A principle, esp. a legal principle, that
is Widely adhered to. 2. Archaic. HOLDING (1).
doctrine of acquired rights. See ACQUIRED-RIGHTS
DOCTRINE.
doctrine ofadverse domination. See ADVERSE-DOMI
NATION DOCTRINE.
doctrine of approximation. (1845) A doctrine that
authorizes a court to vary the details ofa trust's admin
istration to preserve the trust and to carry out the
donor's intentions. Also termed equitable doctrine
ofapproximation. Cf. CY PRES.
doctrine ofcapture. See RULE OF CAPTURE.
doctrine ofclaim differentiation. See CLAIM DIFFER
ENTIATION.
doctrine ofcoercion. See COERCION (3).
doctrine ofcompleteness. See RULE OF OPTIONAL COM
pLETENEss.
doctrine of constructive service. 1. See constructive
service under SERVICE (2). 2. Employment law. The prin
ciple that a person who contracts to work for a definite
period and is wrongfully discharged after beginning
work may wait until the contract period expires and
then sue on the contract for the wages that the person
would have earned between the time of the discharge
and the expiration ofthe contract. -In a jurisdiction
that has adopted this principle, it is an exception to the
mitigation-of-damages doctrine. Often shortened
to constructive service. Cf. MITIGATION-OF-DAMAGES
DOCTRINE. [Cases: Labor and Employment (';:::> 171,
239.]
doctrine ofcontagion. See CONTAGION.
doctrine ofcontinuity. See CONTINUITY (2).
doctrine ofcontra non valentem (kon-tra non va-len
tam). (1938) The rule that a limitations or prescriptive
period does not begin to run against a plaintiff who is
unable to act, usu. because ofthe defendant's culpable
act, such as concealing material information that would
give rise to the plaintiffs claim. Often shortened
to contra non valentem. [Cases: Limitation ofActions
(,;:::>43, 95.]
doctrine ofcontra proferentem. See CONTRA PROFER
ENTEM. doctrine of curative admissibility. A rule allowing a
party to introduce otherwise inadmissible evidence to
remove the prejudice caused by the improper admis
sion ofevidence that was offered by the opposing party.
-The doctrine applies when a motion to strike cannot
cure the prejudice created by the adverse party.
Also termed curative-admissibility doctrine. [Cases:
Criminal Law C::::O396; Evidence (';:::> 155.]
doctrine ofdiscovered peril. See LAST-CLEAR-CHANCE
DOCTRINE.
doctrine ofelection (l8c). A doctrine holding that when
a person has contracted with an agent without knowing
of the agency and later learns the principal's identity,
the person may enforce the contract against either the
agent or the principal, but not both. See ELECTION (1);
ELECTION OF REMEDIES.
doctrine ofentireties (en-tI-<lr-teez). In customs law, the
rule that when an entry consists ofparts that assemble
to form an article different from any of the parts, the
proper classification will be ofthe whole article, rather
than the individual components . Por example, an
unassembled product consisting of an empty decora
tive glass, powdered wax in a cellophane bag, wicks,
and fragrance, boxed together and sold as one product
may be properly classified as a candle.
doctrine of equitable indemnity. See equitable indem
nity under INDEMNITY.
doctrine of equivalents. (1856) Patents. A judicially
created theory for finding patent infringement when
the accused process or product falls outside the literal
scope of the patent claims . The doctrine evolved
to prevent parties from evading liability for patent
infringement by making trivial changes to avoid the
literal language of the patent claims. Graver Tank
& Mfg. Co. v. Linde Air Prods. Co., 339 U.S. 605, 70
S.Ct. 854 (1950). In determining whether infringe
ment exists under the doctrine, the court must first
determine whether "the accused product or process
contain[s} an element identical or equivalent to each
claimed element ofthe patented invention." Warner
Jenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17,
39-40,117 S.Ct. 1040, 1054 (1997).lfit does, it infringes
on the patent if the differing element performs sub
stantially the same function in substantially the same
way to get the same result as the patented product or
process. Prosecution-history estoppel is not an absolute
bar to a patentee who seeks to invoke the doctrine of
equivalents to prove infringement on a claim that was
voluntarily amended. Festo v. Shoketsu Kinzoku Kogyo
Kabushiki Co., 535 U.S. 722, 122 S.Ct. 1831 (2002).
Also termed eqUivalents doctrine; doctrine ofequiva
lence; doctrine ofequivalency; doctrine ofsubstantial
eqUivalents; nonliteral infringement. Cf. literal infringe
ment under INFRINGEMENT. [Cases: Patents (';:::>237.}
reverse doctrine ofequivalents. The doctrine prevent
ing infringement liability when the invention is sub
stantially described by the claims ofanother's patent
but performs the same or a similar function in a sub
stantially different way.


the claims ofanother's patent
but performs the same or a similar function in a sub
stantially different way.

554 doctrine of estates
doctrine of estates. Hist. The rule that a person cannot
own land, but can merely own an estate in it, autho
rizing the person to hold it for some period of time.
This doctrine answers the question of the duration of
an estate. Cf. DOCTRINE OF TENURES.
doctrine offinality. See FINALITY DOCTRINE.
doctrine of general average. Maritime law. A rule
allOWing a carrier to require cargo owners and the ship
owner to contribute pro rata to the cost of protecting
the ship and its cargo. [Cases: Shipping 186.J
doctrine of identification. Hist. English law. lhe rule
that if,! person traveling in a conveyance is injured in
an accident that occurs because ofsomeone else's neg
ligence, and the driver of the conveyance is contribu
torily negligent, the passenger cannot claim damages
against the tortfeasor since the passenger is "identified"
with the contributorily negligent driver . The leading
authority for this doctrine was 7horogood v. Bryan, 8
CB. 115 (1849), but the Court of Appeal repudiated
the doctrine as unsound in The Bernina [I887], 13 App.
Cas. 1 (1888).
doctrine ofillusory coverage. A rule requiring an insur
ance policy to be interpreted so that it is not merely
a delusion to the insured . Courts avoid interpret
ing insurance policies in such a way that an insured's
coverage is never triggered and the insurer bears no
risk. [Cases: Insurance C=~2090.]
doctrine of incontrovertible physical facts. See PHYS
ICAL-FACTS RULE.
doctrine of ineffective revocation. See DEPENDENT
RELATIVE REVOCATION.
doctrine ofinherency. See INHERENCY DOCTRINE.
doctrine of intervening rights. See INTERVENING
RIGHTS.
doctrine of legal unities. See LEGAL-UNITIES
DOCTRINE.
doctrine of marital privacy. See MARITAL-PRIVACY
DOCTRINE.
doctrine of necessaries. (1870) 1. The rule holding a
parent or spouse liable to anyone who sells goods or
provides medical services to that person's child or
spouse if the goods or services are required for suste
nance, support, or healthcare. 2. Archaic. The common
law rule holding a husband or father liable to anyone
who sells goods to his wife or child if the goods are
required for sustenance or support. See NECESSARIES.
[Cases: Husband and Wife ~19.]
doctrine of notice. See NOTICE DOCTRINE.
doctrine of obligation. English law. The rule that if a
foreign court of competent jurisdiction has adjudicated
a certain sum to be due from one person to another,
the liability to pay that sum becomes a legal obliga
tion enforceable domestically by a debt action . Once
the plaintiff proves the judgment, the burden shifts
to the defendant to show why the obligation should
not be performed. The doctrine was established by Baron Parke in Russell v. Smyth, 9 M. & W. 810, 819
(1842). -Often shortened to obligation.
doctrine of optional completeness. See RUU OF
OPTIONAL COMPLETENESS.
doctrine ofparens patriae. See PARENS PATRIAE (2).
doctrine ofpractical location. See AGREED-BOUNDARY
DOCTRINE.
doctrine ofprecedent. (18c) 1. The rule that precedents
not only have persuasive authority but also must be
followed when similar circumstances arise . This
rule developed in the 19th century and prevails today.
See STARE DECISIS. [Cases: Courts (~88.1 2. A rule
that precedents are reported, may be cited, and will
probably be followed by courts. This is the rule that
prevailed in England until the 19th century.
doctrine ofpreclusion of inconsistent positions. See
judicial estoppel under ESTOPPEL.
doctrine ofrelation back. See RELATION BACK.
doctrine of res judicata. See RES Jt:DICATA.
doctrine of revestment. A rule by which a court regains
jurisdiction after the entry offinal judgment when the
former opposing parties have actively participated in
proceedings inconsistent with the court's judgment.
[Cases: Courts ~30.]
doctrine of scrivener's error. (1992) A rule permitting
a typographical error in a document to be reformed
by parol evidence, if the evidence is precise, clear, and
convincing. See clerical error under ERROR (2). [Cases:
Reformation ofInstruments Cr~17(2).]
doctrine of separate spheres. See SEPARATE-SPHERES
DOCTRINE.
doctrine of specialty. Int'llaw. The principle, included
as a provision in most extradition treaties, under which
a person who is extradited to a country to stand trial
for certain criminal offenses may be tried only for
those offenses and not for any other pre-extradition
offenses. Also termed specialty doctrine. See EXTRA ~
DITION. [Cases: Extradition and Detainers ~19.]
doctrine ofspousal unity. See SPOUSAL-UNITY DOCTRINE
(1).
doctrine of subsequent negligence. See LAST-CLEAR
CHANCE DOCTRINE.
doctrine of substantial equivalents. See DOCTRINE OF
EQt:IVALENTS.
doctrine of substituted judgment. See SUBSTITUTED
JUDGMENT DOCTRINE.
doctrine ofsuperior equities. Insurance. A rule by which
an insurer is unable to recover from anyone whose
equities are equal or superior to the insurer's; esp., a
rule that a right ofsubrogation may be invoked against
another party only if that party's guilty conduct renders
the party's equity inferior to that ofthe insured. Also
termed risk-stops-here rule. [Cases: Insurance
3513(3),3517; Subrogation ~1.]

doctrine of tenures. Hist. The rule that all land is held
of the Crown, either directly or indirectly, on some
type of tenure. This doctrine answers the question
of the manner in which an estate is held. -Also termed
doctrine oftenure. Cf. DOCTRINE OF ESTATES.
doctrine of the conclusiveness of the judgment. See
judicial estoppel under ESTOPPEL.
doctrine of the last antecedent. See RULE OF THE LAST
ANTECEDENT.
doctrine ofthe last preceding antecedent. RULE OF THE
LAST ANTECEDENT.
doctrine of ultimate negligence. See LAST-CLEAR
CHANCE DOCTRINE.
doctrine of unconstitutional conditions. See UNCON
STITUTIONAL-CONDITIONS DOCTRINE.
doctrine of vested rights. See VESTED-RIGHTS
DOCTRINE.
doctrine of worthier title. See WORTHIER-TITLE
DOCTRINE.
document, n. (15c) 1. Something tangible on which
words, symbols, or marks are recorded. See Fed. R.
Civ. P. 34(a). 2. (pl.) The deeds, agreements, title papers,
letters, receipts, and other written instruments used to
prove a fact.
ancient document. (1846) Evidence. A document that
is presumed to be authentic because its physical con
dition strongly suggests authenticity, it has existed
for 20 or more years, and it has been maintained in
proper custody (as by coming from a place where it is
reasonably expected to be found). Fed. R. Evid. 901(b)
(8). -Also termed ancient writing. [Cases: Evidence
(::::::>372.)
document ofauthority. See governing document.
foreign document. (1816) A document that originated
in, or was prepared or executed in, a foreign state or
country.
governing document. Parliamentary law. A document
that defines or organizes an organization, or grants or
establishes its authority and governance . An organi
zation's governing documents may include a charter,
articles of incorporation or association, a constitu
tion, bylaws, and rules. A charter or articles ofincor
poration or association, if they have been granted
or adopted, are an organization's most authorita
tive governing document, followed by the constitu
tion, bylaws, and rules, in that order. -Also termed
document ofauthority. See CHARTER (4), (5); ARTICLES
OF INCORPORATION; ARTICLES OF ASSOCIATION (2);
CONSTITUTION (4); BYLAW (1); SUBORDINATION (2).
hot document. (1995) A document that directly
supports a litigant's allegation.
public document. (17c) A document ofpublic interest
issued or published by a political body or otherwise
connected with public business. Cf. public record
under RECORD. [Cases: Evidence (::::::>325-337.) 3. Evidence. Under the best-evidence rule, a physical
embodiment of information or ideas, such as a letter,
contract, receipt, account book, blueprint, or X-ray
plate; esp., the original of such an embodiment. See
Fed. R. Evid. 1001 et seq. [Cases: Criminal Law (::::::>
400; Evidence (::::::>157-187.)
document, vb. (18c) 1. To support with records, instru
ments, or other evidentiary authorities <document
the chain ofcustody>. 2. To record; to create a written
record of <document a file>.
documentary credit. 1. Credit extended on a document
of title or any other legal document. 2. A financing
arrangement in which a financial institution authorizes
or makes a payment to a third party (usu. an exporter)
at a customer's request. This financing method
facilitates international transactions by providing the
importer with necessary credit and the exporter with
an expedited cash payment.
documentary draft. See DRAFT.
documentary evidence. See EVIDENCE.
documentary instruction. A written agreement between
an importer and exporter covering the relegation of
various documents relating to the shipment and dis
position of goods.
documentary letter ofcredit. See LETTER OF CREDIT.
documentary-originals rule. See BEST-EVIDENCE
RULE.
documentary sale. See SALE.
documentary stamp. A stamp required to be affixed to a
deed or other instrument before it is recorded.
documentary-stamp transfer tax. See stamp tax under
TAX.
document of title. (18c) A written description, iden
tification, or declaration of goods authorizing the
holder (usu. a bailee) to receive, hold, and dispose of
the document and the goods it covers . Documents
oftitle, such as bills oflading, warehouse receipts, and
delivery orders, are generally governed by Article 7 of
the Ucc. See BAILMENT (1)-(3). [Cases: Carriers (::::::>
51; Warehousemen (::::::> 11.)
negotiable document of title. A document of title
that actually stands for the goods it covers, so that
any transfer ofthe goods requires a surrender ofthe
document. UCC  7-104(1). [Cases: Bills and Notes
(::::::> 151; Warehousemen (::::::> 15.)
nonnegotiable document oftitle. A document oftitle
that merely serves as evidence ofthe goods it covers.
UCC  7-104(2). [Cases: Warehousemen (::::::> 15.)
document request. See REQUEST FOR PRODUCTION.
documentum (dok-Y<l-men-t<lm), n. [Latin) Roman law.
1. Proof. 2. A document . This term appeared in post-
classical imperial constitutions.
DOD. abbr. Department of Defense. See DEFENSE
DEPARTMENT.

DoDDS 556
DoDDS. abbr. DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS.
do, dieD, addieo (doh, dI-koh, d-dI-koh ordik-oh, d-dik
oh). [Latin] I give, I say, I adjudge. -These formal words
were spoken by the Roman praetor in the exercise of
his jurisdiction on certain days, such as dies fasti. They
could not be officially spoken on dies nefasti. Do refers
to the granting of actions, exceptions, and the appoint
ment of judges; dico refers to the pronouncement of
judgments; and addico refers to the adjudication of
controverted property.
DOE. abbr. l. DEPARTMENT OF EDUCATION. 2. DEPART
MENT OF ENERGY.
Doe, Jane. See JANE DOE.
Doe, John. See JOHN DOE.
D'Oench Duhme doctrine (dench doom). The rule that
estops a borrower from asserting a claim or defense
against a federal successor to a failed financial insti
tution -if the claim or defense is based on a side or
secret agreement or representation -unless the agree
ments or representations have been (l) put into writing,
(2) executed by the financial institution and borrower
when the loan was issued, (3) approved by the financial
institution's board of directors or loan committee, and
(4) made a permanent part ofthe financial institution's
records. D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447,
62 S.Ct. 676 (1942) (now partially codified at 12 USCA
 1823(e), and otherwise of questionable standing in
light of O'Melveny & Myers v. FDIC, 512 U.S. 79, 114
S.Ct. 2048 (1994. [Cases: Banks and Banking
505.]
do equity. (Of one who seeks an equitable remedy) to
treat or offer to treat the other party as fairly as is nec
essary, short of abandoning one's own legal rights, to
bring about a fair result. -The phrase derives from the
maxim, uOne who seeks equity


own legal rights, to
bring about a fair result. -The phrase derives from the
maxim, uOne who seeks equity must do equity." See
UNCLEAN-HANDS DOCTRINE. [Cases: Equity (::::)66.]
d'office (daw-fees). [Law French] Of office; officially. _
This is similar to the Latin phrase ex officio.
dog. Slang. 1. Something undesirable, esp. a lawsuit
<the cases assigned to the new lawyer were all dogs>.
2. Securities. A stock or other investment that suffers
public disdain and repeated price declines or poor per
formance.
dog-draw. Hist. 'The apprehension ofsomeone chaSing a
deer in a forest with a dog.
"Dog'draw is an apparent deprehension of an offender
against venison in the forest. There are four kinds of them
observed by Manwood, part. 2, cap. 18, num. 9, of his
Forest Laws, that is, dogdraw, stable-stand, backbear, and
bloody-hand. Dogdraw is, when one is found drawing after
a deer by the scent of a hound led in his hand." Termes de
fa Ley 181 (1 st Am. ed. 1812).
dogma (dawg-mCl ordahg-), n. A philosophy, opinion, or
tenet that is strongly held, is believed to be authorita
tive, and is followed steadfastly, usu. to the exclusion of
other approaches to the same subject matter; a formally stated and proclaimed doctrine of faith. PL dogmas,
dogmata (-md-tCl).
DOHSA (doh-shd). abbr. DEATH ON THE HIGH SEAS
ACT.
doing business. Ihe act of engaging in business activi
ties; specif., the carrying out of a series of similar
acts for the purpose of realizing a pecuniary benefit,
or otherwise accomplishing a goal, or doing a single
act with the intention of starting a series ofsuch acts;
esp., a nonresident's participation in sufficient business
activities in a foreign state to allow the state's courts
to exercise personal jurisdiction over the nonresident.
See BUSINESS (1); D/B/AI; DOING-BUSINESS STATUTE;
LONG-ARM STATUTE; MINIMUM CONTACTS. [Cases: Cor
porations <::=642, 665(1); Courts C=12(2.15).]
doing-business statute. A state law defining the acts
that constitute undertaking business there, usu. for
the purpose of establishing the circumstances under
which the state's courts may exercise personal juris
diction over a nonresident. See MINIMUM CONTACTS;
LONG-ARM STATUTE. [Cases: Courts C=12(2.15).]
DOT. abbr. DEPARTMENT OF JUSTICE.
DOL. abbr. DEPARTMENT OF LABOR.
dol (dohl or dol), n. [French "deceit; fraud"] Civil law.
Fraud committed in inducing another to enter into a
contract. See fraud in the inducement under FRAUD.
Cf. FRAUDE.
dole, n. 1. A share of something that is jointly owned
but divisible. 2. Slang. Welfare benefits received from
a governmental agency. 3. Scots law. Criminal intent;
the equivalent of mens rea.
do, lego (doh, lee-goh). [Latin] Hist. I give and bequeath.
-In Roman law, this was the phrase used to make a
bequest.
dole-land. Hist. Jointly owned land in which each
owner or user has an assigned portion with distinct
landmarks. -The share may be allotted annually on
a rotating basis or permanently. Also termed dole
meadow; dole-moor.
dole-meadow. See DOLE-LAND.
dole-moor. See DOLE-LAND.
Dole test. A four-part test used to determine the consti
tutionality of a condition attached by Congress under
its Spending Clause power to the receipt of federal
money. The spending must be in pursuit of the
general welfare, and the condition must be unambigu
ous, related to some federal interest, and not barred by
any other provision ofthe Constitution. South Dakota
v. Dole, 483 U.S. 203, 107 S.Ct. 2793 (1987). [Cases:
United States ':::;::::>82(2).]
doli capax (doh-h kay-paks), adj. [Latin "capable of
wrong"] Roman law. Capable ofcommitting a crime or
tort; esp., old enough to determine right from wrong.
Also termed capax doli. Cf. DOLI INCAPAX.
"In criminal cases, an infant of the age of fourteen years
may be capitally punished for any capital offence: but under
the age of seven he cannot. The period between seven

557 domestic
and fourteen is subject to much incertainty: for the infant
shall, generally speaking, be judged prima facie innocent;
yet if he was doli capax, and could discern between good
and evil at the time of the offence committed, he may be
convicted and undergo judgment and execution of death,
though he hath not attained to years of puberty or discre
tion. 1 William Blackstone, Commentaries on the Laws of
England 452-53 (1765).
doli incapax (doh-h in-kay-paks), adj. [Latin "incapa
ble of wrong"] Roman law. Incapable of committing
a crime or tort. -Also termed incapax doli. Cf. DOLI
CAPAX.
dollar-cost averaging, n. The investment practice ofpur
chasing a fixed dollar amount of a type of security at
regular intervals.
dolo (doh-Ioh), n. [Spanish] Spanish law. Fraud or deceit;
bad or mischievous design,
dolo circumventus (doh-loh sar-kam-ven-tas). [Latin]
Hist. Overreached by fraud.
dolose (da-Iohs or doh-Iohs). [Latin] Hist. Fraudulent;
deceitful; malicious.
dolus (doh-las). [Latin "device; artifice"] Roman & civil
law. 1. Fraud or deceit; conduct intended to deceive
someone; bad faith,  Although there may be dolus
without fraud, fraud alwavs includes dolus. Cf, CASUS
(1); CULPA (1). 2. Intention~l aggression; willful injury,
esp. to another's property. -Also termed dolus malus;
fraus.
"In the twelfth century the resuscitated Roman law intro
duced some new ideas. Men began to contrast, as Glanvill
does, civil with criminal causes, to speak of dolus and culpa
and casus, and to lay stress on the psychical element in
crime." 2 Frederick Pollock & FrederiC W. Maitland, History
of English Law Before the Time of Edward I 477 (2d ed.
lB99).
"Although the word malitia is not unknown to the Roman
lawyers, the usual and technical name for wrongful intent
is dolus, or more specifically dolus malus. Dolus and culpa
are two forms of mens rea. In a narrower sense, however,
dolus includes merely that particular variety of wrongful
intent which we term fraud ~that is to say, the intent
to deceive. From this limited sense it was extended to
cover all forms of wilful wrongdoing. The English term
fraud has never received an equally wide extension." John
Salmond, Jurisprudence 385 (Glanville L. Williams ed., 10th
ed. 1947).
dolus bonus (doh-IdS boh-nas). [Latin "good deceit"]
Shrewdness or justifiable deceit, as when a person lies
to an attacker to prevent an assault. Dolus bonus
does not produce any legal consequences.
dolus dans locum contractui (doh-las danz loh-kam
kan-trak-choo-I). [Latin] Fraud (or deceit) giving rise
to the contract; specif., a fraudulent misrepresenta
tion that, having been made by one of the parties to
the contract and relied on by the other, was actually
instrumental in inducing the latter to enter into the
contract.
dolus incidens (doh-l<)s in-si-denz). [Law Latin] Hist.
Fraud incidental; fraud that does not affect the essen
tial terms of an agreement. dolus malus (doh-las mal-as). [Latin "bad or evil
deceit"] Evil or fraudulent design or intent; an unjus
tifiable deceit.
DOMA. abbr. DEFENSE OF MARRIAGE ACT.
domain (doh-mayn), n. (I5c) 1. The territory over which
sovereignty is exercised <the 19th-century domains of
the British Empire>. 2. An estate in land <the family
domain is more than 6,000 acres>. 3. The complete and
absolute ownership ofland <his domain over this land
has now been settled>. See EMINENT DOMAIN; PUBLIC
DOMAIN.
domain name. 'Ihe words and characters that website
owners designate for their registered Internet addresses.
 All domain names have at least two levels. The first
level domain name identifies the registrant's category
as, e.g., a commercial site (.com), a governmental insti
tution (.gov), an educational institution (.edu), a non
profit group (.org), or a discussion group (.net). The
second-level domain name is the unique identifier for
the user in a particular category <rhapsangel.com>
<rhapsangel.org>. A second-level domain name may be
protected under trademark law but first-level domain
names are not. In some circumstances, the entire
domain name may be validly registered as a trademark.
But trademark rights are not automatically created by
registering a domain name. See INTERNET-PROTOCOL
ADDRESS. [Cases: Telecommunications <:::=> 1330.]
domain-name infringement. See INFRINGEMENT.
domboc. See DOOMBOOK.
Dombrowski doctrine. (1965) A short-lived rule that
entitled a person to seek a federal-court injunction to
prevent prosecution under a broad or vague state statute
that affects rights guaranteed by the First Amendment.
Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116 (1965).
 The doctrine was greatly cut back six years after it was
announced, when the Supreme Court ruled that a spec
ulative First Amendment chilling effect does not Justify
federal-court intervention in state affairs. Younger v.
Harris, 401 U.S. 37, 91 S.Ct. 746 (1971). [Cases: Courts
<:::=>508.]
domebook. See DOOMBOOK.
Domesday Book (doomz-day). The census or survey,
ordered by William the Conqueror and substantially
completed in 1086, of England's landholdings, build
ings, people, and livestock. -Abbr. D.B. -Also
spelled Doomsday Book.
"Domesday Book had several variant names ~ Uber de
Wintonia, Rotulus Wintoniae, Scriptura Thesauri Regis. Libel'
RegiS, Libel' judiciarius, Censualis Angliae, Angliae Notitia
et Lustratio, Rotulus RegiS, Libel' de Thesauro, Exchequer
Domesday . .. , Domesday Book had as its main object a
fiscal one, and a limited fiscal one at that. Beyond that it
does not profess to go, and if we get any further informa
tion from it as to contemporary law and society, we get it
as an indirect consequence." Percy H. Winfield, The Chief
Sources ofEnglish Legal History 11 0-11 (1925).
domestic, adj. (15c) 1. Of or relating to one's own
country <domestic affairs>. 2. Of or relating to one's
own jurisdiction <in Alaska, a domestic corporation is

558 domestic abuse
an Alaskan one>. 3. Ofor relating to the family or the
household <a domestic dispute>.
domestic abuse. See domestic violence under VIOLENCE.
domestic animal. See ANIMAL.
domestic asset-protection trust. See asset-protection
trust under TRUST (3).
domesticated animal. See ANIMAL.
domestic authority. (1833) 1. The legal power to use
nondeadly force when reasonably necessary to protect
a person for whom one is responsible. 2. A defense
allOWing a person responsible for another (such as a
parent responsible for a child) to use nondeadly force
when reasonably necessary to protect the person being
cared for. [Cases: Assault and Battery(;=:> 14,68.]
domestic bill. See BILL (6).
domestic corporation. See CORPORATION.
domestic court. See COURT.
domestic creditor. See CREDITOR.
domestic dispute. (1890) A disturbance, usu. at a resi
dence and usu. within a family, involving violence and
often resulting in a call to a law-enforcement agency.
Also termed domestic disturbance;family disturbance.
See domestic violence under VIOLENCE. [Cases: Protec
tion of Endangered Persons (;=:>45.J
domestic disturbance. See DOMESTIC DISP'GTE.
domestic export. See EXPORT (1).
domestic fixture. See FIXTURE.
domestic guardian. See GUARDIAN.
Domestic International Sales Corporation. A U.S. cor
poration, esp. a subsidiary whose income is primar
ily attributable to exports . Income tax on part of a
DISC's income is usu. deferred, resulting in a lower
overall corporate tax for the parent than it would other
wise incur. IRC (26 USCA)  991-997. Abbr. DISC.
[Cases: Internal RevenueC=AlI8.]
domestic judgment. See JUDGMENT.
domestic partnership. l. A nonmarital relationship
between two persons of the same or opposite sex who
live together as a couple for a significant period of
time. 2. A relationship that an employer or govern
mental entity recognizes as equivalent to marriage for
the purpose of extending employee-partner benefits
other


relationship that an employer or govern
mental entity recognizes as equivalent to marriage for
the purpose of extending employee-partner benefits
otherwise reserved for the spouses of employees. Cf.
CIVIL UNION; same-sex marriage under MARRIAGE
(1). [Cases: Marriage 13,17.5,22,54.] domestic
partner, n.
domestic-partnership law. A legislative enactment,
often a municipal ordinance, that grants unmarried
adults living in economically or emotionally based rela
tionships, regardless of their sexual preference, some
of the rights of a civil marriage without attempting to
change the traditional definition of marriage. [Cases: ending when the partners stop sharing a primary resi
dence. See DOMESTIC PARTNERSHIP.
domestic-partnership property. See PROPERTY.
Domestic Policy Council. See OFFICE OF POLICY DEVEL
OPMENT.
domestic relations. See FAMILY LAW (1).
domestic-relations court. See family court under
COURT.
domestic-relations exception. Ihe exclusion of suits
regarding the granting ofdivorce, alimony, and child
custody from federal diverSity jurisdiction . The
domestic-relations exemption to federal diverSity juris
diction originated as dictum in Barber v. Barber, 62 U.S.
(21 How.) 582 (1858). Federal courts do not have juris
diction to grant divorces, award alimony, or determine
child custody. In general, matters ofdomestic relations
are left to the states. But the federal courts may hear
other diversity matters involving family members,
such as tort claims or suits seeking to enforce alimony
orders. Ankenbrandt v. Richards, 504 U.S. 689, 112 S.Ct.
2206 (1992). [Cases: Federal Courts
domestic-relations law. See FAMILY LAW (1).
domestic servant. A household servant. Often short
ened to domestic.
domestic terrorism. See TERRORISM.
domestic tort. See marital tort under TORT,
domesticus (da-mes-ti-kas), n. [Latin] Hist. Steward;
judge's assistant; assessor.
domestic violence. See VIOLENCE.
domicellus (dom-a-sel-as), n. [Law Latin] Hist. 1. A king's
natural son in France. 2. A young lord.
"Domicellus, Is an old obsolete ... Word, anciently given
as an Appellation or Addition to the King's natural Sons
in France, and sometimes to the eldest Sons of Noblemen
there; from whence we borrowed these Additions: As
several natural Children of John of Gaunt, Duke of Lan
caster, are stiled Domicelli by the Charter of Legitima
tion.... But according to Thorn, the Domicelli were only
the better Sort of Servants in Monasteries." Giles Jacob, A
New Law-Dictionary (8th ed. 1762).
domicile (dom-a-sIl), n. (15c) 1. The place at which a
person has been phYSically present and that the person
regards as home; a person's true, fixed, principal, and
permanent home, to which that person intends to
return and remain even though currently reSiding
elsewhere. A person has a settled connection with
his or her domicile for legal purposes, either because
that place is home or because the law has so deSignated
that place. Also termed permanent abode; habitancy.
[Cases: Domicile Federal Courts C-::;282.]
"By domicile we mean home, the permanent home; and if
you do not understand your permanent home, I am afraid
that no illustration drawn from foreign writers or foreign
languages will very much help you to it." Whicker v. Hume
(1858) 7 H.L.e. 124, 160 (per Lord Cranworth).
"It is difficult to give a definition of domicil that will cover
at once domicil by operation of law and domicil by choice. domestic-partnership period. The period beginning The idea of domicil certainly includes the idea of place and
when domestic partners begin living together and the idea of settled connection with the place. Domicil of Marriage

559
choice is so closely connected with the idea of home that
it seems desirable to include that idea in any definition,
and yet the idea is not applicable to many kinds of domicil
by operation of law. It has therefore seemed best to state
this element in the alternative. If a home is in the place,
that is sufficient. If there is no home, or if the party is not
sui juris, then the place is assigned by law without his will."
1 Joseph H. Beale, A Treatise on the Conflict of Laws  9.1,
at 89-90 (1935).
"A person's domicile is the place with which that person
is most closely associated his or her 'home' with all the
connotations of that word. A person can be domiciled in
a nation, a state of the United States, a city, or a house
within a city. He or she can have a domicile within a broader
geographical designation without having a domicile in a
narrower geographical designation. For example, a person
may be domiciled in a state without being domiciled within
any particular city within the state. For interstate choiceof
law purposes, it is the state in which a person is domiciled
that is significant." Russell J. Weintraub, Commentary on
the Conflict of Laws  2.2, at 14 (4th ed. 2001).
2. The residence of a person or corporation for legal
purposes. -Also termed (in sense 2) legal residence;
domicile by operation oflaw. Cf. RESIDENCE; PLACE OF
BUSINESS. Also spelled (in BrE) domicil.
"Tax statutes frequently speak in terms of residence,
intending it to be the equivalent of domicile. For example,
the New York estate tax speaks in terms of residence and
non-residence. Similarly ... , the United States imposes an
estate tax on any resident or citizen of the U.S. Although
both statutes use the term 'reSidence,' its usage has been
construed to mean 'domicile.'" Robert C. Lawrence III,
International Tax and Estate Planning  1.03(a)(4), at 8-9
(1989).
after-acquired domicile. (l858) A domicile established
after the facts relevant to an issue arose . An after
acquired domicile cannot be used to establish juris
diction or choice oflaw.
commercial domicile. (1839) 1. A domicile acquired by
a nonresident corporation conducting enough activi
ties to permit taxation of the corporation's property
or activities located outside the bounds ofthe taxing
state. 2. A domicile acquired by a person or company
freely residing or carrying on business in enemy ter
ritory or enemy-occupied territory. -Also termed
quasi-domicile.
corporate domicile. (1890) The place considered by law
as the center of corporate affairs, where the corpora
tion's functions are discharged; the legal home of a
corporation, usu. its state of incorporation or the state
in which it maintains its principal place of business .
For purposes ofdetermining whether diversity juris
diction exists in federal court, a corporation is consid
ered a citizen of both its state of incorporation and the
state ofits principal place ofbusiness. See DIVERSITY
OF CITIZENSHIP. [Cases: Corporations C=>52, 503(1);
Federal Courts C=>296; Taxation C=>2562, 3486.]
domicile ofbirth. See domicile oforigin.
domicile ofchoice. (1878) 1. A domicile established by
physical presence within a state or territory, coupled
with the intention to make it home. [Cases: Domicile
2. The domicile that a person chooses after
reaching majority or being emancipated. domiciliary administration
domicile oforigin. (1831) The domicile of a person at
birth, derived from the custodial parent or imposed
by law. -Also termed natural domicile; domicile of
birth; original domicile. See necessary domicile. [Cases:
Domicile (;=3.)
"Domicil is sometimes divided into domicil of birth, that
by operation of law, and that of choice. Domicil of origin
in modern times is domicil in the place where his parents
at his birth were domiciled." Theodore D. Woolsey, Intro
duction to the Study of International Law  71, at 105 n.2
(5th ed. 1878).
"Domicile of origin is the domicile the law assigns to each
person at birth, usually the domicile of the father in the
case of a legitimate child and of the mother in the case of
an illegitimate child. Domicile of origin has particular sig
nificance in English law. If one abandons one's domiCile of
choice without attaining a new one, the domicile of origin
'revives' until a new domicile of choice is attained_ In
contrast, U.s. jurisdictions generally will not find a domicile
abandoned until a new one has been adopted." Robert C.
lawrence III, International Tax and Estate Planning  1.03(a)
(1), at 4 (1989).
domicile ofsuccession. (1874) The domicile that deter
mines the succession ofa person's estate.
domicile oftrustee. lhe domicile where a trustee is
appointed. [Cases: Trusts
elected domicile. A contractually agreed domicile
between parties for purposes ofthe contract.
foreign domicile. A domicile established by a citizen
or subject of one sovereignty within the territory of
another.
matrimonial domicile. A domicile that a husband and
Wife, as a married couple, have established as their
home. - Also termed marital domicile; matrimonial
home. [Cases: Divorce (;=62; Husband and Wife
3(1).]
municipal domicile. A person's residence in a county
or municipality, as distinguished from the person's
state or national domicile.
national domicile. A domicile considered in terms of
a particular nation rather than a locality or subdivi
sion ofa nation.
natural domicile. See domicile oforigin.
necessary domicile, A domicile lcgallyfixed and inde
pendent of choice, as in the domicile oforigin. See
domicile oforigin.
original domicile, See domicile oforigin.
quasi-domicile. See commercial domicile.
quasi-national domicile. A person's state of residence,
as distinguished from the person's national or local
domicile.
domiciliary (dom-;}-sil-ee-er-ee), adj. (I8c) Ofor relating
to domicile <domiciliary jurisdiction>.
domiciliary (dom-;}-sil-ee-er-ee), n. (1845) A person
who resides in a particular place with the intention of
making it a principal place of abode; one who is domi
ciled in a particular jurisdiction. Cf. RESIDENT; CITIZEN
(1).
domiciliary administration. See ADMINISTRATION.

560 domiciliary administrator
domiciliary administrator. See ADMINISTRATOR (2).
domiciliary letters testamentary. See LETTERS TESTA
MECIITARY.
domiciliary parent. See PARENT.
domiciliate (dom-a-sil-ee-ayt), vb. To establish a
domicile; to fix a place ofresidence.
domiciliation (dom-i-sil-ee-ay-sh.m), n. The act ofestab
lishing a domicile.
domicilium (dom-;l-sil-ee-;lm), n. [Law Latin] Roman
law. DOMICILE.
domiger~um (dom-;l-jeer-ee-am), n. [Law Latin] Hist. 1.
Power over someone. 2. Danger.
domina (dom-d-nd), n. [Law Latin]!. A lady. 2. A peeress.
Cf. DAME (1), (2).
dominant estate. See ESTATE (4).
dominant-jurisdiction principle. (1995) The rule that
the court in which a case is first filed maintains the suit,
to the exclusion ofall other courts that would also have
jurisdiction. [Cases: Courts <~)475, 493, 514; Federal
Courts 1145.]
dominant property. See dominant estate under ESTATE
(4).
dominant tenant. See TENANT.
dominant tenement. See dominant estate under ESTATE
(4).
dominate, vb. (17c) L To master (someone or something);
to control (someone or something). 2. Predominate.
dominating patent. See fencing patent under PATENT
(3).
dominatio (dom-d-nay-shee-oh), n. [Latin] Hist.
Lordship; rule.
domination. Patents. The effect that an earlier patent
(usu. a basic one) has on a later patent (esp. one for
improvements on the patented device) because the
earlier patent's claims are so broad or generic that the
later patent's invention will always read on the earlier
patent's claims, resulting in infringement.  Because
the patent system is based on exclusion of others from
an invention's subject matter, the earlier, basic patent's
claims "dominate" the later-invented improvement. If
the improvement is patented and worked, it infringes
the basic patent. But the basic patent's owner cannot
practice the improvement without infringing on the
improvement's patent. This stand-off effect encourages
improvement and basic-patentees to seek licenses or
cross-licenses with each other. See BLOCKING PATENT.
dominical (d<l-min-<l-k<lI), adj. Ofor relating to a Sunday;
ofor relating to the Lord's day.
Dominican divorce. See Mexican divorce under
DIVORCE.
dominidde (d;l-min-d-sId), n. [fr. Latin dominus
"master" + caedo "to kill"] Hist. 1. The crime ofkilling
one's master. 2. A person who kills his or her master. dominicum (d<l-min-<I-k;lm), n. [Latin "domain"]!. Hist.
Domain; lordship. 2. Hist. Land ownership, esp. that
retained by a lord for his own possession, as distin
guished from the rights given to a


Hist. Land ownership, esp. that
retained by a lord for his own possession, as distin
guished from the rights given to a tenant. 3. Eccles. law.
A church or other religiOUS building.
dominicum antiquum (d;l-min-;l-bm an-tl-kw<lm), n.
[Law Latin] Hist. Ancient domain.
dominion. (l4c) 1. Control; possession <dominion over
the car>. 2. Sovereignty <dominion over the nation>.
3. FOREIGN DOMINION.
dominium (d;l-min-ee-<Im), n. [fro Latin dominus "lord"]
1. Roman & civil law. Absolute ownership including
the right to possession and use; a right ofcontrol over
property that the holder might retain or transfer at
pleasure. Dominium was subject to any servitudes,
planning restrictions, etc. This term gradually came
to also mean merely ownership of property, as distin
gUished from the right to possession or use.
"Dominium is the Roman term for the rights of an owner
against all the world: and the contrast of dominium and
obligatio is the nearest approach that can be made, in clas
sical Roman language, to the distinction marked by the
modern terms in rem and in personam." Frederick Pollock,
A First Book ofJurisprudence 83 (1896).
'The one word dominium has to assume so many shades
of meaning. The tenant qui tenet terram in dominio, is
dominus rei and has dominium rei; but then he has above
him one who is his dominus, and for the rights of this lord
over him and over his land there is no other name than
dominium." 2 Frederick Pollock & Frederic W. Maitland, The
History of English Law Before the Time of Edward 14 (2d
ed.1899).
dominium directum (dd-min-ee-<lm di-rek-t<lm), n.
[Law Latin]l. Civil law. Legal, not equitable, owner
ship. 2. Feudal law. The right of the superior ofland
over a tenant.
dominium directum et utile (d<l-min-ee-<lm di-rek
t<lm et yoo-t<l-lee), n. [Law Latin] Civil law. Complete
ownership ofproperty, including both title and exclu
sive use.
dominium eminens (d<l-min-ee-dm em-d-nenz), n.
[Law Latin] Civil law. Eminent domain. See EMINENT
DOMAIN.
dominium ex jure quiritium (d<l-min-ee-dm eks
joor-ee kWI-rish-ee-<lm). Roman law. Ownership
exercised by Roman citizens in the most complete
manner (pleno jure), the property being domestic (not
foreign) and having been acquired according to all the
forms oflaw. -Also termed dominium quiritarium;
dominium legitimum.
dominium legitimum (ld-jit-i-mdm). See dominium ex
jure quiritium.
dominium plenum (dd-min-ee-<lm plee-ndm), n. [Law
Latin] Civil law. Full ownership combining dominium
directum and dominium utile. -Also termed plenum
dominium.
dominium quiritarium (kwI-rJ-tair-ee-<lm). See
dominium ex jure quiritium.

dominium utile (d<J-min-ee-<Jm yoo-t<J-lee), n. [Law
Latin) Civil law. Equitable ownership; a beneficial
right to use property; the right of a tenant to use the
soil and its profits.
"The special characteristic of Feudal land was that owner
ship in it was split into two kinds, the dominium directum
of the superior (lord) and the dominium utile of the vassal.
The feudists correctly insisted that this was not a form of
joint ownership, not yet of ownership burdened with an
easement or a 'usufruct,' but that two kinds of ownership
were present, and that each of these persons, the lord
and the vassal, was properly called 'owner' or dominus.
The lord's dominium directum gave him a reversion in the
case of forfeiture of failure of issue and the enjoyment of
whatevef the naturalia and accidentalia were. The vassal's
dominium utile gave him the immediate enjoyment of the
land itself." Max Radin, Handbook ofAnglo-American Legal
History 148 (1936).
nudum dominium (dd-min-ee-,Hn n[y)oo-ddm). [Latin
"bare ownership"] Roman Law. Ownership divorced
from present possession or use.
plenum dominium. See dominium plenum.
2. Hist. Lordship; sovereignty.
'The Latin word for ownership, dominium, is particularly
confusing, since in medieval times it is also the word
for lordship." J,H. Baker, An Introduction to English Legal
History 255 (3d ed, 1990).
domino volente (dom-d-noh vd-len-tee). [Law Latin "the
owner being willing"] With the owner's consent.
dominus (dom-d-n<Js), n. [Latin "lord"]!. Roman law.
An owner of a thing or inheritance. 2. Roman law.
The title of the emperor in the later empire. 3. Hist. A
lord; a feudal superior, as in dominus rex ("the lord of
the king"), dominus capitalis ("a chieflord"), dominus
medius ("an intermediate lord"), and dominus ligius
("a liege lord"). 4. Hist. Eccles. law. Lord; sir, -This is a
title ofdistinction usu. given to a knight, a clergyman,
a lord of a manor, or another gentleman of quality. 5.
Civil law. Someone who possesses something by right.
PI. domini.
dominus directus (dom-<J-n<Js di-rek-t<Js). [Law Latin]
Hist. The immediate feudal superior.
dominus litis (dom-d-n<Js h-tis), n. [Latin) 1. Civil law.
The party who makes the decisions in a lawsuit, usu.
as distinguished from the attorney. 2. Maritime law.
A third person who represents an absent party in a
case. Also termed litis dominium.
dominus navis (dom-<l-n<ls nay-vis), n. [Latin] Civil law.
The absolute owner ofa shipping vessel.
dominus omnium bonorum (dom-<J-n<Js ahm-nee-<'lm
ba-nor-<Jm). [Law Latin] Hist. Proprietor ofall movable
goods. -The phrase formerly described a husband who
owned goods in common with his wife.
domitae naturae (dom-a-tee n<J-tyoor-ee). [Latin] Hist.
Of a tame nature; not wild. _ This term usu. refers to
long-domesticated animals, such as sheep or cattle,
in which a person has absolute property rights. But it
can also refer to naturally wild animals that have been
tamed. dommage survenu (daw-mazh suur-vd-noo). [French)
Damage sustained. -This is from article 17 of the
Warsaw Convention providing for compensatory
damages, rather than awards for loss of society or
punitive damages, for bodily injury that a passenger
suffers while on board an aircraft, or while boarding or
disembarking. [Cases: Carriers 319.]
domo reparanda (doh-moh rep-<J-ran-da), 11. [Latin "to
repair a house"] Hist. A writ available to a person to
force a neighbor who owns a decrepit house to repair it
because the person is worried that the neighbor's house
will fall and cause injury.
Dom. Proc. abbr. DOMUS PROCERUM.
domus (doh-m<Js), n. [Latin] A house; an abode.
domus conversorum (doh-mds kon-vdr-sor-<Jm), n.
[Law Latin "house of the converts"] Hist. An institu
tion, established by Henry III for converted Jews, that
continued until Edward III expelled Jews from the
kingdom and converted the institution to a chancery
record office.
domus Dei (doh-m<Js dee-I), n. [Law Latin] House of
God. -This term was applied to various hospitals and
religiOUS houses, such as the Hospital of St. Julian in
Southampton.
Domus Procerum (doh-mas pros-<J-r;Jm), n. [Latin
"house of nobles") The House of Lords. Abbr. Dam.
Proc.;D.P.
donatarius (doh-nd-tair-ee-<Js), 11. [Latin] A donee; a gift
recipient.
donate, vb. (ISc) To give (property or money) without
receiving consideration for the transfer. donation,
n. donative (doh-n<'l-tiv), adj.
donated stock. See STOCK.
donated surplus. See SURPLUS.
donatio (doh-nay-shee-oh). [Latin) A gift.
donatio causa mortis (doh-nay-shee-oh kaw-z<J mor
tis), n. See gift causa mortis under GIFT. PI. donationes
causa mortis.
donatio inofficiosa (doh-nay-shee-oh in-<J-fish-ee
oh-sJ). [Latin "inofficious gift") A gift so large that it
diminishes an heir's birthright portion of the donor's
property.
donatio inter virum et uxorem (doh-nay-shee-oh in-tdr
VI-r<lm et ak-sor-am). [Latin] Roman law. Donation
between husband and wife. -With a few exceptions
(such as suitable anniversary gifts), a donation between
spouses was invalid, but might be confirmed if the
donor died without revoking it.
donatio inter vivos (doh-nay-shee-oh in-t<Jr vI-vohs).
See il1ter vivos gift under GIFT.
donatio mortis causa, n. See gift causa mortis under
GIFT. PI. donationes mortis causa.
donation. 1. A gift, esp. to a charity. [Cases: Gifts
I.J

562 donation act
donation purely gratuitous. Louisiana law. An uncon
ditional inter vivos gift. Cf. onerous donation. [Cases:
Gifts
onerous donation. Civil law. An inter vivos gift
burdened with a condition imposed by the donor .
There is no gift unless the gift's value is more than
twice as much as the condition's value to the donor.
La. Civ. Code arts. 1524, 1526. Cf. donation purely
gratuitous. [Cases: Gifts
remunerative donation. Civil law. An inter vivos gift
made to compensate a person for services rendered .
It is nqt a gift unless the value ofthe property given is
more than twice as much as the value ofthe services.
La. Civ. Code arts. 1525, 1526. [Cases: Gifts
2. Eccles. law. A method of acquiring a benefice by
deed of gift alone, without presentation, institution,
or induction.
donation act. Hist. Property. A statute granting public
lands to settlers who satisfy certain conditions or to
veterans as a reward for military service. See donation
land, bounty land under LAND. [Cases: Public Lands
~42.]
donation claim. See CLAIM (3).
donation deed. See DEED.
donation land. See LAND.
donatio propter nuptias (doh-nay-shee-oh prahp-tdr
nap-shee-ds). [Latin "a gift on account of marriage"]
Roman law. A gift from a husband to his wife equiva
lent to her dowry and subject to similar conditions.
 It was formerly called donatio ante nuptias ("gift
before marriage") because it was not allowed after the
marriage celebration. Justinian later changed the law
and the name. See DOS.
donatio velata (doh-nay-shee-oh vi-Jay-t.:l). [Latin] Hist.
A veiled gift; a concealed gift.
donative (don-d-tiv ordoh-nd-tiv), adj. 1. Of, relating to,
or characterized by a donation <a donative transter>. 2.
Subject to a donation <an advowson donative>.
donative advowson. See advowson donative under
ADVOWSON.
donative intent. See INTENT (1).
donative trust. See TRUST.
donator (doh-nay-t.:lf ordoh-nay-t.:lr also -tor), n. [Latin]
A donor; a person who makes a gift.
donatory (don-.:l-tor-ee or doh-nrl-tor-ee), n. Scots law. A
recipient ofa gift; specif., a donee ofthe Crown.
"A donatory is the donee or receiver of a gift or donation.
In practice, the term is applied exciusively to the person
to whom the Crown makes a gift. as of escheat, ultimus
haeres, or the like." William Bell, Bell's Dictionary and Digest
of the Law ofScotland 299 (George Watson ed., 1882).
donee (doh-nek). (Latin] Hist. As long as; while; until;
within a certain time . This term was used in old con
veyances. donee probetur in eontrarium (doh-nek proh-bee-t.:lr
in k.:ln-trair-ee-dm). [Latin] Until prooCis given to the
contrary.
donee (doh-nee). (16c) L One to whom a gift is made;
the recipient of a gift. 2. The person in whose favor a
power ofappointment is created or reserved. See DONEE
OF POWER.
donee beneficiary. See BENEFICIARY.
donee of power. (18c) A person who has been given a
power of appointment, i.e., the power to dispose of
someone else's property. Often shortened to donee.
See DONEE (2). Cf. DONOR (3).
donor. (15c) 1. One who gives something without receiv
ing consideration for the transfer. 2. SETTLOR (1). 3. The
person who creates or reserves a power ofappointment.
Cf. DONEE


TLOR (1). 3. The
person who creates or reserves a power ofappointment.
Cf. DONEE OF POWER.
donor-advised fund. See donor-advised trust under
TRUST (3).
donor-advised trust. See TRUST (3).
do-not-resuscitate order. A document, executed by a
competent person, directing that if the person's heart
beat and breathing both cease while in a hospital,
nursing home, or similar facility, no attempts to restore
heartbeat or breathing should be made. -Abbr. DNR
order. -Also termed advance directive. [Cases: Health
~915.]
out-of-hospital do-not-resuscitate order. A do-not
resuscitate order, executed by a person who has been
diagnosed by a physician as having a terminal condi
tion, directing healthcare professionals to withhold
certain life-sustaining treatments when acting outside
a hospital or similar facility. -Abbr. OOH-DNR
order.
donum (doh-ndm), n. [Latin "a gift"] Roman law. A gift.
donum gratuitum. See gratuitous gift under GIFT.
doom, n. Hist. 1. A statute or law. 2. A judgment; esp., a
sentence in a criminal matter. 3. Justice; fairness. 4. A
trial; the process ofadjudicating.
"The word 'doom' is, perhaps, best translated as 'judgment.'
It survived in occasional use until the fourteenth century.
Wyclif's translation of the Bible, rendering the verse, 'For
with what judgment ye judge, ye shall be judged: as 'For
in what dome ye demen, ye schuln be demed.' The distinc
tion which we make to-day between the legislator, who
makes the law, and the judge, who interprets, declares
and applies it, was not known to our Anglo-Saxon ances
tors. The dooms were judgments in the sense that they
were declarations of the law of the people." W.J.V. Windeyer,
Lectures on Legal History 1 (2d ed. 1949).
doombook, n. [fro Saxon dombec] Hist. A code, compiled
under Alfred, containing maxims of common law,
judicial forms, and criminal penalties. -The code
existed until the reign of Edward IV, when it was
lost. -Also termed domebook (doom buuk); domboc;
liber judicialis ofAlfred.
Doomsday book. See DOMESDAY BOOK.
door-dosing statute. (1960) A state law closing or
denying access to local courts unless a plaintiff meets

563 double-breasted operation
specified conditions; esp., a statute requiring a foreign
corporation to "qualify" before doing business in the
state, including registering with the secretary of state,
paying a fee or tax, and appointing an agent to receive
service of process. [Cases: Corporations C:::>661(2), (6);
Courts C:::>6, 14.)
doorkeeper. Parliamentary law. An officer charged with
regulating access to the chamber or hall where a delib
erative assembly meets. Also termed guard.
doorstep loan. See LOAN.
doowop docket. Slang. See DWOP docket under DOCKET
(2).
dope. 1. A thick liquid used esp. for medicinal purposes.
2. Slang. A drug, esp. a narcotic. [Cases: Controlled
Substances C:::>9.]
dormant (dor-mimt), adj. (ISc) Inactive; suspended;
latent <a dormant judgment>. -dormancy, n.
dormant claim. (18c) A claim that is in abeyance.
Dormant Commerce Clause. See COMMERCE CLAUSE.
dormant corporation. See CORPORATION.
dormant execution. See EXECUTION.
dormant judgment. See JUDGMENT.
dormant legislative intent. See LEGISLATIVE INTENT.
dormant partner. See silent partner under PARTNER.
dormant title. See TITLE (2).
dorsum (dor-s<"lm). [Latin) Hist. The back . This term
usu. appeared as part of the phrase in dorso to indicate
that an instrument had been signed on the back. In
dorso recordi, for example, meant "on the back of the
record."
"In the first place then the payee, or person to whom or
whose order such bill of exchange or promissory note
is payable, may by endorsement, or writing his name in
dorso or on the back of it, assign over his whole property
to the bearer, or else to another person by name ...." 2
William Blackstone, Commentaries on the Laws ofEngland
468 (1766).
dos (dos), n. [Latin) 1. Roman law. Dowry.
"Dos was a gift made to the husband on the part of the
wife as her contribution towards the expenses of the joint
establishment. It was made by the wife or by another
person on her behalf, usually before marriage and condi
tionally on the marriage taking place; but it might also be
made or increased after marriage." RW. Lee, The Elements
of Roman Law 150 (4th ed. 1956).
dos adventitia (dos ad-ven-tish-ee-d). [Latin) Roman
law. A dowry brought by a bride to her husband when
furnished by someone other than the bride or her
father.
dos profectitia (doB proh-fek-tish-ee-d). [Latin] Roman
law. A dowry brought by a bride to her husband when
furnished by the bride's father or the bride herself.
dos receptitia (dos ree-sep-tish-ee-d). [Latin] Roman
law. A dowry (whether adventitia or proJectitia) that
is specially stipulated to be returnable to the giver
when the marriage ends.
2. Hist. Dower. DoS attack. See DENIAL-OF-SERVICE ATTACK.
dos rationabilis. See dower by the common law under
DOWER.
dossier (dos-ee-ay), n. [French] A file or brief; a bundle
of papers pertaining to a particular matter.
DOT. abbr. DEPARTMENT OF TRANSPORTATION.
dot (dot or dawt), n. [French fro Latin dos] Civil law.
Dowry; the property that a woman brings to the
marriage to help with marriage expenses . The income
is usu. controlled by the husband, while the principal
remains the wife's separate property.
dotage (doh-tij). 1. Senility; feebleness of a person's mind
in old age. 2. Foolish affection; excessive fondness.
dotal (doht-dl), adj. Of or relating to dowry. See
DOWRY.
dotalitium (doh-td-lish-ee-<"lm), n. [Law Latin) Hist.
Dower.
"[S]ome have ascribed the introduction of dower to the
Normans, as a branch of their local tenures; though we
cannot expect any feodal reason for its invention, since it
was not a part of the pure, primitive, simple law of feuds,
but was first of all introduced into that system (wherein
it was called ... dotalitium) by the emperor Frederick the
second; who was contemporary with our king Henry III. It
is possible therefore that it might be with us the relic of a
Danish custom: since, according to the historians of that
country, dower was introduced into Denmark by Swein,
the father of our Canute the great, out of gratitude to the
Danish ladies, who sold all their jewels to ransom him when
taken prisoner by the Vandals." 2 William Blackstone, Com
mentaries on the Laws ofEngland 129-30 (1766).
dotal property. See PROPERTY.
dotation (doh-tay-sh;m), n. 1. The act of giving a dowry.
2. An endowment, esp. offunds for a charitable institu
tion such as a hospital.
dote (doht), vb.!. 1b be silly due to old age. 2. To bestow
excessive fondness.
dote assignanda (doh-tee as-ig-nan-dd). See DE DOTE
ASSIGNANDA.
dote unde nil habet (doh-tee om-dee nil hay-bet). See DE
DOTE UNDE NIL HABET,
dotis administratio (doh-tis ad-min-d-stray-shee-oh).
See DE ADMENSURATIONE DOTIS.
dotissa (doh-tis-d), n. [Law Latin) A dowager.
double agent. See dual agent under AGENT (2).
double adultery. See ADULTERY.
double assessment. See ASSESSMENT.
double audit. See AUDIT.
double-bill, vb. To charge two different clients or cus
tomers the same charge; to charge two different cus
tomers for services rendered to each customer at the
same time.
double-breasted operation. An arrangement in which
a business owner operates both a union business and a
similar nonunion business, to compete for both types
ofbusiness contracts. -Also termed open-shop-c1osed
shop operation.

564 double-breasting
double-breasting. Labor law. The practice by a
common owner of dividing its employees between
two companies, one that is unionized and is party
to a collective-bargaining agreement, and one that is
nonunion. Also termed dual-shop operation. [Cases:
Labor and Employment G~1289.]
double commission. See COMMISSION (5).
double complaint. See DUPLEX QUERELA.
double creditor. See CREDITOR.
double criminality. Int'llaw. The punishability of a
crime in both the country where a suspect is being
held an~a country asking for the suspect to be handed
over to stand trial.  Double criminality is a require
ment for extradition. [Cases: Extradition and Detain
ers C=:o5.]
double damages. See DAMAGES.
double-declining depredation method. See DEPRECIA
TION METHOD.
double-dipping, n. (1975) An act of seeking or accept
ing essentially the same benefit twice, either from the
same source or from two different sources, as in simul
taneously accepting retirement and unemployment
benefits. [Cases: Unemployment Compensation
575.] double-dipper, n.
double-entry bookkeeping. See BOOKKEEPING.
double forgery. See FORGERY.
double-fraction problem. Oil & gas. A common ambi
guity that arises when the owner of a fractional interest
conveys or reserves a fractional interest. -For example,
if the owner of an undivided half interest in minerals
conveys "an undivided half interest in the minerals," it
is unclear whether the intention is to convey the owner's
entire half interest or half of the owner's half interest.
[Cases: Mines and Minerals C=:o55(5).J
double gibbet. See GIBBET.
double hearsay. See HEARSAY.
double indemnity. See INDEMNITY.
double insurance. See INSURANCE.
double jeopardy. (1847) The fact of being prosecuted
or sentenced twice for substantially the same offense .
 Double jeopardy is prohibited by the Fifth Amend
ment. In 2005, the United Kingdom abolished the
rule for certain serious offenses, such as murder
and hijacking. A court may quash an acquittal and
order a retrial if new and compelling evidence of the
defendant's guilt is discovered, and the evidence was
not available before the acquittal. Only one retrial
is allowed. Cf. FORMER JEOPARDY. [Cases: Double
Jeopardy 132.1.]
Double Jeopardy Clause. (1928) The Fifth Amendment
provision stating, "nor shall any person be subject for
the same offence to be twice put in jeopardy of life or
limb."  The clause, which was ratified in 1791, does
not prevent postacquittal appeals by the government if
those appeals could not result in the defendant's being
subjected to a second trial for substantially the same offense before a second fact-trier. See United States
v. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975). [Cases:
Double Jeopardy
double patenting. 1. Obtaining two patents covering
the same invention. _ An inventor is not allowed to
receive more than one patent on one invention. 37 CPR
1.56. Also termed same-invention double patent
ing. [Cases: Patents 2. The issuance or obtain
ing of a patent for an invention that differs from an
already patented invention only in some unpatentable
detail. -Also termed obviousness double patenting.
[Cases: Patents C=:o 120.]
judicially created double patenting. Attempting to
patent an invention that is an obvious variation of
another invention by the same inventor when the
first invention has already been patented or has a
pending application. -Double patenting is grounds
for rejecting a patent application, limiting the term of
a patent through a terminal disclaimer, or invalidat
ing a patent. In re Longi, 225 U.S.P.Q. 645 (Fed. Cir.
1985). A double-patenting challenge can be overcome
by filing a terminal disclaimer. 37 CFR 1.321. -Also
termed obviousness-type double patenting. [Cases:
Patents C=:o 120.]
obviousness-type double patenting. 1. DOUBLE PAT
ENTING (2). 2. See judiCially created double patent
ing.
same-invention double patenting. See statutory double
patenting.
statutory double patenting. Attempting to patent an
invention that is the same subject matter as another
invention by the same inventor, when the first inven
tion has already been patented or has a pending patent
application. -Any double patenting is grounds for
invalidating a patent claim or rejecting a claim in a
patent application. 35 USCA  lO1. -Also termed
same-invention double pat