Latin
"debate about a case"] Roman law. The argument by the
advocates ofboth sides of a dispute.
discharge (dis-chahrj), n. (I5c) 1. Any method by which
a legal duty is extinguished; esp., the payment of a
debt or satisfaction ofsome other obligation. 2. Bank
ruptcy. The release of a debtor from monetary obliga
tions upon adjudication ofbankruptcy; DISCHARGE IN
BANKRUPTCY. Cf. RELEASE (1). [Cases: BankruptcyC=>
3251.] 3. The dismissal of a case. 4. The canceling or
vacating of a court order. 5. The release of a prisoner
from confinement.
unconditional discharge. (I8c) 1. A release from an
obligation without any conditions attached. 2. A
release from confinement without any parole require
ments to fulfill.
6. The relieving ofa witness, juror. or jury from further
responsibilities in a case. 7. The firing of an employee.
[Cases: Labor and Employment C=>825.)
constructive discharge. (1830) A termination of
employment brought about by making the employee's
working conditions so intolerable that the employee
feels compelled to leave. [Cases: Civil Rights C=>1123;
[Cases: Labor and Employment C=>825.)
"Most constructive discharges fall into one of two basic
fact patterns. First, the employer can cause a constructive
discharge by breaching the employee's contract of employ
ment in some manner short of termination. Second, the
employer can make working conditions so intolerable that
the employee feels compelled to qUit." Mark A. Rothstein
et aI., Employment Law  9.7, at 539 (1994).
retaliatory discharge. (1967) A discharge that is made
in retaliation for the employee's conduct (such as
reporting unlawful activity by the employer to the
government) and that clearly violates public policy.
 Federal and state statutes may entitle an employee
who is dismissed by retaliatory discharge to recover
damages. [Cases: Civil Rights C=> 1247,1249(2); Labor
and Employment C=>771.)
wrongful discharge. (1825) A discharge for reasons that
are illegal or that violate public policy. [Cases: Civil
Rights C=> 1122; Labor and Employment
8. The dismissal of a member of the armed services
from military service <the sergeant was honorably dis-
c.harged>. [Cases: Armed Services 22.] administrative discharge. A military-service discharge
given by administrative means and not by court-mar
tial.
bad-conduct discharge. A punitive discharge that a
court-martial can give a member ofthe military, usu.
as punishment for repeated minor offenses. -Abbr.
BCD.
dishonorable discharge. The most severe punitive dis
charge that a court-martial can give to a member of
the military . A dishonorable discharge may result
from conviction for an offense recognized in civilian
law as a felony or ofa military offense requiring severe
punishment. Only a general court-martial can give a
dishonorable discharge.
general discharge. One of the administrative dis
charges given to a member of the military who does
not qualify for an honorable discharge.
honorable discharge. A formal final judgment passed
by the government on a soldier's entire military
record, and an authoritative declaration that he or
she has left the service in a status of honor. Full
veterans' benefits are given only to a person honor
ably discharged.
undesirable discharge. One of the administrative dis
charges given to a member of the military who does
not qualify for an honorable discharge.
9. Parliamentary law. A motion by which a delibera
tive assembly, having referred a matter to a commit
tee, takes the matter's further consideration out ofthe
committee and back into its own hands. Also termed
discharge a committee; withdrawal. -discharge (dis
chahrj), vb.
dischargeability proceeding. Bankruptcy. A hearing to
determine whether a debt is dischargeable or is subject
to an exception to discharge. 11 USCA  523. [Cases:
Bankruptcy C=>3395.)
dischargeable claim. Bankruptcy. A claim that can be
discharged in bankruptcy. [Cases: Bankruptcy
3341-3378.]
discharged contract. See void contract (2) under
CONTRACT.
discharge hearing. Bankruptcy. A hearing at which the
court informs the debtor either that a discharge has
been granted or the reasons why a discharge has not
been granted. See REAFFIRMATION HEARING. [Cases:
Bankruptcy (;--::>3318.1.]
discharge in bankruptcy. (1820) 1. The release ofa debtor
from personal liability for pre bankruptcy debts; specif.,
discharge under the United States Bankruptcy Code.
[Cases: BankruptcyC=>3251.]2. A bankruptcy court's
decree releasing a debtor from that liability.
discharging bond. See BOND (2).
disciplinary proceeding. (1900) An action brought to
reprimand, suspend, or expel a licensed professional or
other person from a profession or other group because
of unprofessional, unethical, improper, or illegal
conduct.  A disciplinary proceeding against a lawyer

may result in the lawyer's being suspended or disbarred
from practice. [Cases: Licenses C=>38.]
disciplinary rule. (often cap.) (1890) A mandatory
regulation stating the minimum level of profeSSional
conduct that a professional must sustain to avoid being
subject to diSciplinary action. -For lawyers, the dis
Ciplinary rules are found chietly in the Model Code of
Professional Responsibility. -Abbr. DR. Cf. ETHICAL
CONSIDERATION. [Cases: Licenses
discipline, n. 1. Punishment intended to correct or
instruct; esp., a sanction or penalty imposed after an
official finding ofmisconduct. [Cases: Licenses C=>38.]
2. The punishment or penalties (often termed "sanc
tions") imposed by a disciplining agency on an attorney
who has breached a rule of professional ethics. _ Three
types of discipline are common: disbarment, suspen
sion, and reprimand (public or private). 3. Control
gained by enforcing compliance or order. 4. Military
law. A state of mind inducing instant obedience to a
lawful order, no matter how unpleasant or dangerous
such compliance might be. -discipline, vb. -disci
plinary, adj.
disclaimer, n. (15c) 1. A renunciation ofone's legal right
or claim; esp., a renunciation of a patent claim, usu.
to save the remainder of the application from being
rejected. 2. A repudiation of another's legal right or
claim. 3. A writing that contains such a renunciation or
repudiation. 4. RENUNCIATION (2). -disclaim, vb.
disclaimer ofwarranty. (1881) An oral or written state
ment intended to limit a seller's liability for defects
in the goods sold. _ In some circumstances, printed
words must be specific and conspicuous to be effec
tive. [Cases: Sales C=>267.]
patent disclaimer. See statutory disclaimer.
qualified disclaimer. (1889) 1. A disclaimer with a
restriction or condition attached. -In this sense it
is qualified because it carries the restriction or con
dition. 2. A person's refusal to accept an interest in
property so that he or she can avoid haVing to pay
estate or gift taxes. -To be effective under federal
tax law, the refusal must be in writing and must be
executed no later than nine months from the time
when the interest was created. In this sense, it is quali
fied in the sense of being within the lawful exemption.
IRC (26 USCA)  2518. [Cases: Internal Revenue (::::)
4177.20,4205.10; Taxation ~=:)3319.J
statutory disclaimer. Patents. A patent applicant's
amendment of a specification to relinquish one or
more claims to the invention. 35 USCA  253.
Before the statute was enacted, a Single invalid claim
was grounds for denying a patent. Also termed
patent disclaimer. See SPECIFICATION (3). [Cases:
Patents (::: 149, 154.]
terminal disclaimer. A patent applicant's statement
shortening the term of the patent. -To revive an
abandoned application for a design application or for
a utility or plant application filed before June 8, 1995,
the applicant must disclaim a period equal to the duration ofabandonment. A terminal disclaimer may
also be required in an application for an obvious vari
ation on an existing patent with a common inventor
or owner: to avoid a double-patenting rejection the
inventor agrees that both patents will expire on the
same day. 37 CFR 1.321. [Cases: Patents C=> 131.]
disclosed principaJ. See PRINCIPAL (1).
disclosure, n. (16c) 1. The act or process of making
known something that was previously unknown; a
revelation of facts <a lawyer's disclosure of a contlict
of interest>. See DISCOVERY.
defensive disclosure. See DEFENSIVE DISCLOSURE.
full disclosure. A complete revelation of all material
facts.
public disclosure ofprivatefacts. (1964) The public
revelation of some aspect of a person's private life
without a legitimate public purpose. -The disclosure
is actionable in tort if the disclosure would be highly
objectionable to a reasonable person. See INVASION
OF PRIVACY. [Cases: TortsC:::>350.J
voluntary disclosure ofoffense. A person's uncoerced
admission to an undiscovered crime. -Under the
federal sentencing gUidelines, a lighter sentence may
be allowed. See USSG 5K2.16. [Cases: Sentencing and
Punishment C=>861.]
2. The mandatory divulging ofinformation to a litiga
tion opponent according to procedural rules. Also
termed compulsory disclosure; automatic disclosure.
See DISCOVERY (2). [Cases: Federal Civil Procedure
':8::::>1261; Pretrial Procedure C=> 11.] disclose, vb.
disclosural, ad).
"Rule 26(a) [of the Federal Rules ofCivil Procedure] reflects
a shift away from the traditional method of obtaining dis
covery through the service of written demands toward
requiring automatic disclosure by the parties of informa
tion that would invariably be requested. The goal of auto
matic disclosure is the creation of a more efficient and
expeditious discovery process .... Rule 26(a)(1) provides
for the initial disclosure of specified information relating
to witnesses, documents, and insurance agreements.
Rule 26(a)(2) provides for the disclosure of information
regarding experts who may be used at trial. Rule 26(a)(3)
provides for specified pretrial disclosures regarding wit
nesses, evidence, and objections." Jay E. Grenig &Jeffrey S.
Kinsler, Handbook ofFederal Civil Discovery and Disclosure
 1.15, at 65-66 (2d ed. 2002).
accelerated disclosure. See accelerated discovery under
DISCOVERY.
initial disclosure. Civil procedure. In federal practice,
the requirement that parties make available to each
other the follOWing information without first receiv
ing a discovery request: (1) the names, addresses, and
telephone numbers ofpersons likely to have relevant,
discoverable information, (2) a copy or description
of all relevant documents, data compilations, and
tangible items in the party's possession, custody,
or control, (3) a damages computation, and (4) any
relevant insurance agreements. Fed. R. Civ. P. 26(a)
(l)(A)-(D). [Cases: Federal Civil Procedure (;:::> 1261,
1272.]

532 Disclosure Document Program
3. Patents. A document explaining how an invention
works in sufficient detail for one skilled in the art to
be able to understand and duplicate the invention;
everything revealed about an invention in the patent
application, including drawings, descriptions, specifi
cations, references to prior art, and claims. An inven
tion disclosure statement is sometimes attested by a
knowledgeable witness, who signs and dates the dis
closure document to establish the inventor's identity
and the date of the invention before the patent appli
cation is prepared. An inventor can file a disclosure
document with the U.S. Patent and Trademark Office
before submitting a patent application, but the docu
ment's date has no relationship to the later application's
effective filing date. See ENABLEMENT REQUIREMENT.
Cf. ENABLING SOURCE; DEFENSIVE DISCLOSURE. [Cases:
Patents ~99.]4. Patents. PUBLICATION (1).
Disdosure Document Program. Patents. A C.S. Patent
and Trademark Office program allowing an inventor
to file a preliminary description ofan invention and
establish its date of conception before applying for a
patent.  The document can help establish a date of
inventive effort for use in a later interference. Abbr.
DDP. Cf. PROVISIONAL PATENT APPLICATION. lCases:
Patents
discommon (dis-kom-;m), vb. 1. To deprive ofthe right
ofcommon (e.g., the right to pasture). 2. To deprive
(something, esp. land) ofcommonable character. A
person could discommon land by separating or enclos
ing it. 3. To deprive (someone) of the privileges ofa
place, such as the right to use common land or to enjoy
a church fellowship.
disconformity. See NEW MATTER.
discontinuance (dis-k;}n-tin-yoo-;mts), n. (1


See NEW MATTER.
discontinuance (dis-k;}n-tin-yoo-;mts), n. (14c) 1. The
termination of a lawsuit by the plaintiff; a voluntary
dismissal or nonsuit. See DISMISSAL; NONSUIT (1);
judgment ofdiscontinuance under rUDGMENT. [Cases:
Federal Civil Procedure 1691; Pretrial Procedure
(;:::)501.] 2. 'Ihe termination ofan estate-tail by a tenant
in tail who conveys a larger estate in the land than is
legally allowed. [Cases: Estates in Property ~12.]
"Such is ... the injury of discontinuance; which happens
when he who hath an estate-tail, maketh a larger estate
of the land than by law he is entitled to do: in which case
the estate is good, so far as his power extends who made
it. but no farther. As if tenant in tail makes a feoffment in
feesimple, or for the life of the feoffee, or in tail; all which
are beyond his power to make, for that by the common
law extends no farther than to make a lease for his own
life: the entry of the feoffee is lawful during the life of the
feoffer; but if he retains the possession after the death of
the feoffor, it is an injury, which is termed a discontinuance;
the ancient legal estate, which ought to have survived to
the heir in tail, being gone, or at least suspended, and for
a while discontinued." 3 William Blackstone, Commentaries
on the Laws ofEngland 171-72 (1768).
discontinuee, 11. A person whose acquisition of an
entailed estate causes a discontinuance of the fee tail
heirs' right to the estate. Cf. DISCONTINUOR.
discontinuing easement. See discontinuous easement
under EASEMENT. discontinuor, n. A tenant in tail whose conveyance of
the entailed estate causes a discontinuance. Cf. DIS
CONTINUEE.
discontinuous easement. See EASEME~-n.
discontinuous servitude. See discontinuous easement
under EASEMENT.
disconvenable (dis-k<}n-vee-n;}-b<}!), adj. [Law French]
Archaic. Unfit; improper.
discount, 11. (l7c) 1. A reduction from the full amount or
value ofsomething, esp. a price. 2. An advance deduc
tion ofinterest when a person lends money on a note,
bill ofexchange, or other commercial paper, result-
in its present value. See PRESENT VALUE. 3. The
amount by which a security's market value is below its
face value. Also termed bond discou n t. Cf. PREMIGM
(3). -discount, vb.
bulk discount. See volume discount.
cash discount. (1889) 1. A seller's price reduction in
exchange for an immediate cash payment. 2. A reduc
tion from the stated price ifthe bill is paid on or before
a specified date.
functional discount. 1. A supplier's price discount
given to a purchaser based on the purchaser's role
(such as warehOUSing or advertising) in the suppli
er's distributive system . This type ofdiscount typi
cally reflects the value ofservices performed by the
purchaser for the supplier. Ifa functional discount
constitutes a reasonable reimbursement for the pur
chaser's actual marketing functions, it does not con
stitute unlawful price discrimination and does not
violate antitrust laws. 2. A supplier's price discount
based on the purchaser's relative distance from the
supplier in the chain ofdistribution . For example,
a wholesaler or distributor usu. receives a greater
discount than a retailer.
quantity discount. See volume discount.
trade discount. (1889) 1. A discount from list price
offered to all customers ofa given type -for example,
a discount offered by a lumber dealer to building con
tractors. 2. The difference between a seller's list price
and the price at which the dealer actually sells goods
to the trade.
volume discount. (1939) A price decrease based on
a large-quantity purchase. -Also termed bulk
discount; quantity discount.
discount bond. See BOND (3).
discount broker. See BROKER.
discounted cash flow. See CASH FLOW.
discounted-cash-flow method. See discounted cash flow
under CASH FLOW.
discount interest. See INTEREST (3).
discount loan. See LOAN.
discount market. See MARKET.
discount rate. See INTEREST RATE.
discount share. See discount stock under STOCK.

533
discouut stock. See STOCK.
discount yield. See YIELD.
discoverable, adj. Subject to pretrial discovery <the
defendant's attorney argued that the defendant's
income-tax returns were not discoverable during the
liability phase of the trial>. [Cases: Federal Civil Pro
cedure (P1272; Pretrial Procedure
discovered-peril doctrine. See LAST-CLEAR-CHANCE
DOCTRINE.
discoveree. A party who is required to respond to a liti
gant's discovery request or order. Cf. DISCOVERER (1).
discoverer. '1. A litigant who seeks information or materi
als from another party by means ofa discovery request.
-Also termed discovering party. Cf. DISCOVEREE. 2.
Patent law. See INVENTOR. See 35 USCA  101. [Cases:
Patents (P1.]
discovering party. See DISCOVERER (1).
discovert (dis-k3v-drt), adj. 1. Archaic. Uncovered;
exposed. 2. Not married, esp. a widow or a woman who
has never married.
discovery, n. (16c) 1. The act or process of finding or
learning something that was previously unknown
<after making the discovery, the inventor immediately
applied for a patent>. 2. Compulsory disclosure, at a
party's request, ofinformation that relates to the litiga
tion <the plaintiff filed a motion to compel discovery>.
See Fed. R. Civ. P. 26-37; Fed. R. Crim. P. 16. The
primary discovery devices are interrogatories, deposi
tions, requests for admissions, and requests for produc
tion. Although discovery typically comes from parties,
courts also allow limited discovery from nonparties.
rCases: Pederal Civil Procedure (P1261; Pretrial Pro
cedure (P11.] 3. The facts or documents disclosed <the
new associate spent all her time reviewing discovery>.
4. The pretrial phase ofa lawsuit during which deposi
tions, interrogatories, and other forms ofdiscovery are
conducted. -discover, vb. discoverable, adj.
"Discovery has broad scope. According to Federal Rule 26,
which is the model in modern procedural codes, inquiry
may be made into 'any matter, not privileged, that is
relevant to the subject matter ofthe action.' Thus, discov
ery may be had of facts incidentally relevant to the issues
in the pleadings even if the facts do not directly prove or
disprove the facts in question." Geoffrey C. Hazard Jr. &
Michele Taruffo, American Civil Procedure: An Introduction
115 (1993).
accelerated discovery. A party's production ofrelevant
evidence to an opponent at a time earlier than would
otherwise be required by rule or standing order of
the court.  The accelerated discovery is usu. carried
out in compliance with a specific court order or the
parties' agreement. -Also termed accelerated disclo
sure. [Cases: Pretrial Procedure (P25.]
jurisdictional discovery. Discovery that is limited to
finding facts relevant to whether the court has juris
diction. A court may allow limited jurisdictional
discovery before it rules on a motion to dismiss for
lack of jurisdiction. [Cases: Federal Civil Procedure
(P1269.1; Pretrial Procedure (P24.] discovery rule
merits discovery. Discovery to uncover facts that
support the claim or defense, or that might lead to
other facts that will support the allegations ofa legal
proceeding.
postjudgment discovery. (1967) Discovery conducted
after judgment has been rendered, usu. to determine
the nature ofthe judgment debtor's assets or to obtain
testimony for use in future proceedings. Also
termed posttrial discovery. [Cases: Execution
373-400; Federal Civil Procedure
pretrial discovery. (1939) Discovery conducted before
trial to reveal facts and develop evidence . Modern
procedural rules have broadened the scope ofpretrial
discovery to prevent the parties from surprising each
other with evidence at trial. [Cases: Federal Civil Pro
cedure (P1261; Pretrial Procedure (P11.]
reciprocal discovery. See reverse Jencks material under
fENCKS MATERIAL.
reverse discovery. See reverse Jencks material under
fENCKS MATERIAL.
discovery abuse. (1975) 1. The misuse of the discovery
process, esp. by making overbroad requests for infor
mation that is unnecessary or beyond the scope ofper
missible disclosure or by conducting discovery for an
improper purpose. [Cases: Federal Civil Procedure (P
1278; Pretrial Procedure G-'-:::>28.]
"The term 'discovery abuse' has been used as if it were
a single concept, but it includes several different things.
Thus, it is useful to subdivide 'abuse' into 'misuse' and
'overuse: What is referred to as 'misuse' would include not
only direct violation of the rules, as by failing to respond
to a discovery request within the stated time limit, but also
more subtle attempts to harass or obstruct an opponent,
as by giving obviously inadequate answers or by requesting
information that clearly is outside the scope of discovery.
By 'overuse' is meant asking for more discovery than is
necessary or appropriate to the particular case. 'Overuse,'
in turn, can be subdivided into problems of 'depth' and of
'breadth,' with 'depth' referring to discovery that may be
relevant but is simply excessive and 'breadth' referring to
discovery requests that go into matters too far removed
from the case." Charles Alan Wright, The Law of Federal
Courts  81, at 580 (5th ed. 1994).
2. The failure to respond adequately to proper discov
ery requests. -Also termed abuse ofdiscovery. [Cases:
Federal Civil Procedure Pretrial Procedure
(P44.1.]
discovery immunity. (1975) An exemption provided by
statute, caselaw, or court rules to exclude certain docu
ments and information from being disclosed during
discovery.
discovery policy. See claims-made policy under INSUR
ANCE POLICY.
discovery rule. (1916) Civil procedure. The rule that a
limitations period does not begin to run until the plain
tiff discovers (or reasonably should have discovered)
the injury giving rise to the claim . The discovery rule
usu. applies to injuries that are inherently difficult to
detect, such as those resulting from medical malprac
tice. See STATUTE OF LIMITATIONS. Cf. OCCURRENCE
RULE. [Cases: Limitation ofActions (P,95, 100.]

534 discovery vein
discovery vein. See VEIN.
discredit, vb. To destroy or impair the credibility of
(a witness, a piece of evidence, or a theory); to lessen
the degree of trust to be accorded to (a witness or
document). [Cases: Witnesses (::::>330.] -discredit,
n.
discreet (di-skreet), adj. Exercising discretion; prudent;
judicious; discerning.
discrete (di-skreet), adj. Individual; separate; distinct.
discretion (di-skresh-;m). (14c) 1. Wise conduct and
management; cautious discernment; prudence. 2. Indi
vidual judgment; the power offree decision-making.
sole discretion. An individual's power to make deci
sions without anyone else's advice or consent.
3. Criminal & tort law. The capacity to distinguish
between right and wrong, sufficient to make a person
responsible for his or her own actions. [Cases: Criminal
Law (::::>46.]4. A public official's power or right to act in
certain circumstances according to personal judgment
and conscience, often in an official or representative
capacity. -Also termed discretionary power.
administrative discretion. A public official's or agency's
power to exercise judgment in the discharge of its
duties. [Cases: Administrative Law and Procedure
(::::>324,754.]
judicial discretion. (17c) The exercise ofjudgment by a
judge or court based on what is fair under the circum
stances and guided by the rules and principles oflaw;
a court's power to act or not act when a litigant is not
entitled to demand the act as a matter ofright. -Also
termed legal discretion. [Cases: Courts (::::>26.]
prosecutorial discretion. (1966) A prosecutor's power
to choose from the options available in a criminal
case, such as filing charges, prosecuting, not prosecut
ing, plea-bargaining, and recommending a sentence
to the court. [Cases: Criminal Law (::::>29(3); District
and Prosecuting Attorneys (::::>8.]
discretion, abuse of. See ABUSE OF DISCRETION.
discretionary (di-skresh-<'l-ner-ee), adj. (18c) (Of an
act or duty) involving an exercise of judgment and
choice, not an implementation ofa hard-and-fast rule.
 Such an act by a court may be overturned only after
a showing ofabuse ofdiscretion.
discretionary account. An account that allows a broker
access to a customer's funds to purchase and sell secu
rities or commodities for the customer based on the
broker's judgment and without first having to obtain
the customer's consent to the purchase or sale. [Cases:
Brokers (::::> 19.]
discretionary act. A deed involving an exercise of personal
judgment and conscience. -Also termed discret


19.]
discretionary act. A deed involving an exercise of personal
judgment and conscience. -Also termed discretionary
function. See DISCRETION; ABUSE OF DISCRETION.
discretionary bail. See BAIL (3).
discretionary commitment. See COMMITMENT.
discretionary damages. See DAMAGES. discretionary duty. See DUTY (2).
discretionary function. See DISCRETIONARY ACT.
discretionary immunity. See IMMUNITY (1).
discretionary order. See ORDER (8).
discretionary power. 1. See POWER (3). 2. See DISCRE
TION (4).
discretionary review. See REVIEW.
discretionary sentencing. See indeterminate sentencing
under SENTENCING.
discretionary-transfer statute. See TRANSFER STATUTE.
discretionary trust. See TRUST.
discretion statement. Hist. English law. In an action for
divorce or judicial separation, a written request for the
court to consider granting a judgment favorable to a
spouse who has admittedly committed a matrimonial
offense, esp. adultery.
"In a suit for divorce or judicial separation, the defendant's
own adultery is a discretionary bar. The petitioner asking
the court to exercise its discretion to grant a decree not
withstanding his own adultery must lodge in the Divorce
Registry a statement, known as a 'discretion statement,'
dated and signed by him or his solicitor, stating that the
court will be asked to exercise its discretion on his behalf
notwithstanding his own adultery, and setting forth par
ticulars of his acts of adultery and of the facts which is it
material for the court to know for the purpose of exercising
its discretion." N. Simon Tessy, Is a Discretion Statement
Really Necessary?, 21 Mod. L. Rev. 48, 48 (1958).
discriminant function (di-skrim-<'l-n<'lnt). An IRS
method of selecting tax returns to be audited. The
method consists of (1) using a computer program to
identify returns with a high probability oferror (such as
those showing a disproportionate amount ofdeductible
expenses), and (2) having examiners manually review
the selected returns to determine which ones should be
audited. -Also termed DIP system. [Cases: Internal
Revenue (::::>4443.]
discriminatee (di-skrim-<'J-m-tee). A person unlawfully
discriminated against. [Cases: Civil Rights (::::> 1007.]
discrimination, n. (1866) 1. The effect ofa law or estab
lished practice that confers privileges on a certain class
or that denies privileges to a certain class because of
race, age, sex, nationality, religion, or disability.
Federal law, including Title VII ofthe Civil Rights Act,
prohibits employment discrimination based on anyone
ofthose characteristics. Other federal statutes, supple
mented by court decisions, prohibit discrimination in
voting rights, housing, credit extension, public educa
tion, and access to public facilities. State laws provide
further protections against discrimination. [Cases:
Civil Rights (::::> 1001-1263.] 2. Differential treatment;
esp., a failure to treat all persons equally when no rea
sonable distinction can be found between those favored
and those not favored. [Cases: Civil Rights 1033,
1138.]
'The dictionary sense of 'discrimination' is neutral while the
current political use of the term is frequently non-neutral,
pejorative. With both a neutral and a non-neutral use of
the word having currency, the opportunity for confusion
in arguments about racial discrimination is enormously

535
multiplied. For some, it may be enough that a practice is
called discriminatory for them to judge it wrong. Others
may be mystified that the first group condemns the
practice Without further argument or inquiry. Many may
be led to the false sense that they have actually made a
moral argument by showing that the practice discriminates
(distinguishes in favor of or against). The temptation is
to move from 'X distinguishes in favor of or against' to 'X
discriminates' to 'X is wrong' without being aware of the
equivocation involved." Robert K. Fullinwider, The Reverse
Discrimination Controversy 11-12 (1980).
age discrimination. Discrimination based on age.
Federal law prohibits discrimination in employment
against people who are age 40 or older. [Cases: Civil
Rights C::: 1014, 1199.]
content-based discrimination. A state-imposed
restriction on the content of speech, esp. when the
speech concerns something ofslight social value and
is vastly outweighed by the public interest in morality
and order. Types ofspeech subject to content-based
discrimination include obscenity, fighting words, and
defamation. R.A.v: v. City ofSt. Paul, 505 U.S. 377,
383-84, 112 S.C!. 2538, 2543 (1992).
gender discrimination. See sex discrimination.
invidious discrimination (in-vid-ee-Js). (1856) Dis
crimination that is offensive or objectionable, esp.
because it involves prejudice or stereotyping.
racial discrimination. Discrimination based on race.
[Cases: Civil Rights (:::::.1009,1107.]
reverse discrimination. (1964) Preferential treat
ment of minorities, usu. through affirmative-action
programs, in a way that adversely affects members of
a majority group. See AFFIRMATIVE ACTION. [Cases:
Civil Rights C::>1033(3), 1232.]
sex discrimination. Discrimination based on gender,
esp. against women . The Supreme Court has estab
lished an intermediate-scrutiny standard of review
for gender-based classifications, which must serve an
important governmental interest and be substantially
related to the achievement of that objective. Craig
v. Boren, 429 U.S. 190,97 S.Ct. 451 (1976). Also
termed gender discrimination. [Cases: Civil Rights
(';=;> 1011, 1164, 1236.J
viewpoint discrimination. Content-based discrimina
tion in which the government targets not a particular
subject, but instead certain views that speakers might
express on the subject; discrimination based on the
content ofa communication . Ifrestrictions on the
content ofspeech are reasonable and not calculated to
suppress a particular set ofviews or ideas, a govern
mental body may limit speech in a nonpublic forum to
expressions that serve a specific purpose. For example,
an agency holding a workshop to inform state employ
ees oflaws related to the agency's functions may rea
sonably prohibit the expression ofopinions regarding
the motives of the legislators. But if speech favorable
to the legislators' intent is allowed and opponents
are denied the opportunity to respond, the restric
tion would constitute viewpoint discrimination. disentailment
Also termed viewpoint-based discrimination. [Cases:
Constitutional Law (';=;> 1507, 1516.J
3. The effect ofstate laws that favor local interests over
out-of-state interests . Such a discriminatory state law
may still be upheld ifit is narrowly tailored to achieve
an important state interest. Cf. FAVORITISM. [Cases:
Commerce -discriminate, vb. discrim
inatory, adj.
discriminatory tariff. See TARIFF (2).
i discussion. 1. The act ofexchanging views on something;
a debate. 2. Civil law. A creditor's act of exhausting all
remedies against the principal debtor before proceed
ing with a lawsuit against the guarantor. See BENEFIT
OF DISCUSSION. [Cases: Guaranty (:::::42, 77; Principal
and Surety 168.]
disease. 1. A deviation from the healthy and normal
functioning ofthe body <the drug could not be linked
to his disease>. 2. (pi.) Special classes of pathological
conditions with similar traits, such as having similar
causes and affecting similar organs <respiratory
diseases> <occupational diseases>. 3. Any disorder;
any depraved condition.
functional disease. A disease that prevents, obstructs,
or interferes with an organ's special function, without
anatomical defect or abnormality in the organ itself.
industrial disease. See OCCUPATIONAL DISEASE.
occupational disease. See OCCUPATIONAL DISEASE.
organic disease. A disease that is caused by an injury
to, or lesion or malfunction in, an organ.
disembarrass, vb. To free from embarrassment; to extri
cate or disentangle one thing from another.
disembodied technology. Intellectual property.
Know-how or knowledge that is in the form ofinforma
tion only . Disembodied technology includes proprie
tary technology and information in the public domain.
Cf. EMBODIED TECHNOLOGY.
disenfranchise (dis-Jn-fran-chIz), vb. (l7c) To deprive (a
person) ofthe right to exercise a franchise or privilege,
esp. to vote. Also termed disfranchise.
disenfranchisement (dis-Jn-fran-chiz-mJnt or -fran
chrz-mJnt). 1. The act ofdepriving a member ofa corpo
ration or other organization ofa right, as by expulsion.
2. The act oftaking away the right to vote in public elec
tions from a citizen or class ofcitizens. -Also termed
disfranchisement. [Cases: Elections (,"':::>87.J
disentailing assurance. See DISENTAILMENT.
disentailing deed. See DEED.
disentailing statute (dis-Jn-tayl-ing). A statute regulat
ing or prohibiting disentailing deeds. See disentailing
deed under DEED. [Cases: Deeds (,"':::> 127.]
disentailment (dis-olll-tayl-mJnt), n. (1886) The act or
process by which a tenant in tail bars the entail on an
estate and converts it into a fee simple, thereby nulli
fying the rights ofany later claimant to the fee tail.
Also termed disentailing assurance. See BARRING OF

disentitle 536
ENTAIL. [Cases: Deeds C-~,127(2); Estates in Property
12.] -disentail, vb.
disentitle (dis-;m-tlt-<ll), vb. (I7c) To deprive (someone)
of a title or claim <the plaintiffs' actions disentitled
them to recover damages>.
disfacere. See DIFFACERE.
disfigurement (dis-fig-Y<lr-m<lnt). An impairment or
injury to the appearance ofa person or thing.
disfranchise. See DISENFRANCHISE.
disfranchisement. See DISENFRANCHISEMENT.
disgavel (dis-gav-<ll), vb. Hist. To convert (gavelkind
land) into ordinary freehold land. See GAVELKIND.
disgorgement, n. (ISc) The act of giving up something
(such as profits illegally obtained) on demand or by
legal compulsion. [Cases: Securities Regulation C::::>
150.] -disgorge, vb.
disgrading. Hist. 1. The act ofdegrading. 2. The depriv
ing ofan order; the depriving ofa dignity.
"Disgrading, or degrading, is when a man having taken
upon him a dignity temporal or spiritual, is afterwards
thereof deprived. be he knight, clerk or other. Whereof
if a clerk be delivered to his ordinary, and cannot clear
himself of the offence whereof he is convicted by the jury,
he shall be disgraded for it: which is nothing else but the
deprivation of him from those orders he hath taken upon
him. as priesthood, deaconship, or otherWise.... In like
manner there is disgrading of a knight .... And it is worthy
the observation, that by the canon law there are two kinds
of disgradings: the one summary, by word only, and the
other solemn, by devesting the party disgraded from those
ornaments and rites which are the ensigns of his order or
degree." Termes de la Lev 175-76 (lst Am. ed. 1812).
disguised dividend. See informal dividend under
DIVIDEND.
disguised installment sale. See INSTALLMENT SALE.
disherison (dis-her-<l-z;m). See DISINHERITANCE.
disheritor (dis-her-<l-t<lr or -tor). Archaic. A person who
deprives someone ofan inheritance.
dishonest act. See FRAUDULENT ACT.
dishouor, vb. (I814c) 1. To refuse to accept or pay (a
negotiable instrument) when presented. See NOTICE
OF DISHONOR; WRONGFUL DISHONOR. [Cases: Banks
and Banking 137; Bills and Notes ~~385-424.]
2. To deface or defile (something, such as a flag).
dishonor, n.
dishonorable discharge. See DISCHARGE (8).
disimprisonment. lhe release ofa prisoner; the removal
ofa prisoner from confinement. -Also termed disin
carceration; decarceration. Cf. INCARCERATION. [Cases:
Prisons
disincarcerate, vb. To release (a person) from jail; to set
free.-Also termed disimprison.
disincarceration. See DISIMPRISONMENT.
disincentive, n. (1946) A deterrent (to a particular type
ofconduct), often created, intentionally or unintention
ally, through legislation <federal tax law creates a disincentive to marriage> <sales taxes provide a disincentive
to excessive consumer spending>.
disinflation. A period or process ofslowing down the
rate ofinflation. Cf. DEFLATION.
disinherison (


ation. A period or process ofslowing down the
rate ofinflation. Cf. DEFLATION.
disinherison (dis-in-her-<l-z;m), n. See DISINHERI
TANCE.
disinheritance, n. (16c) 1. The act by which an owner of
an estate deprives a would-be heir ofthe expectancy to
inherit the estate. - A testator may expressly exclude or
limit the right ofa person or a class to inherit property
that the person or class would have inherited through
intestate succession, but only if the testator devises all
the property to another. [Cases: Descent and Distribu
tion (~47(2); Wills 11,82.] 2. The state of being
disinherited. Seeforced heir under HEIR. Also termed
disherison; disinherison; deherison. disinherit, vb.
negative disinheritance. The act by which a testator
attempts to exclude a person from inheritance without
disposing ofthe property to another. _ Negative dis
inheritance is ineffective at common law, although
today it may he permitted by statute.
disinter (dis-in-t;u), vb. 1. To exhume (a corpse).
[Cases: Dead Bodies 2. To remove (something)
from obscurity. disinterment (dis-in-t<lr-m<lnt), n.
disinterested, adj. (17c) Free from bias, prejudice, or par
tiality; not having a pecuniary interest <a disinterested
witness>. disinterest, disinterestedness, n.
disinterested witness. See WITNESS.
disintermediation. The process of bank depositors'
withdrawing their funds from accounts with low
interest rates to put them into investments that pay
higher returns.
disinvestment, n. (1936) 1. The consumption ofcapital.
2. The withdrawal of investments, esp. on political
grounds. Also termed (in sense 2) divestment.
disinvest, vb.
disjoinder (dis-joyn-d<lr). (1936) The undoing of the
jOinder ofparties or claims. See JOINDER. Cf. MISJOIN
DER (1); NONJOINDER (1).
disjuncta (dis-jangk-t;:, n. pI. [Latin] Roman & civil law.
Things (usu. words or phrases) that are separated or
opposed. Also spelled disiuncta. Cf. CONJUNCTA.
disjunctim (dis-jangk-t;:>m), adv. [LatinI Roman law. Sep
arately; severally. - A condition imposed disjunctim,
for example, would bind the persons severally, rather
than jointly. Also spelled disiunctim. Cf. CONJUNC
TIM.
disjunctive allegation. See ALLEGATION.
disjunctive condition. See CONDITION (2).
disjunctive denial. See DENIAL.
disjunctive obligation. See alternative obligation under
OBLIGATION.
disme (dIm), n. [Law French] A tithe; a tenth part, as in
a tithe due the clergy equal to the tenth of all spiritual
livings as required by the statute 25 Edw. 3, st. 7. _ This

537
is the Law French equivalent to the Latin decimae. It
was once the spelling of the American to-cent piece,
the dime. See DECIMAE. PI. dismes.
dismemberment. 1. The cutting off of a limb or body
part. 2. Int'llaw. The disappearance of a country as a
result ofa treaty or an annexation, whereby it becomes
part of one or more other countries. 3. Int'llaw. The
reduction of a country's territory by annexation or
cession, or the secession of one part. 4. Int'llaw. 'lbe
extinguishment of a country and the creation of two
or more new countries from the former country's ter
ritory.
dismembe'rments of ownership. Civil law. The three
elements composing the right of ownership, namely
the usus, the fructus, and the abusus. The right of
ownership may be dismembered and its components
conveyed in the form of independent real rights, such
as the right of use, the right of usufruct, and the right
ofsecurity. See ABUSUS; FRUCTUS; usus.
dismiss, vb. 1. To send (something) away; specif., to ter
minate (an action or claim) without further hearing,
esp. before the trial ofthe issues involved. 2. To release
or discharge (a person) from employment. See DIS
MISSAL.
dismissal, n. (l885) 1. Termination ofan action or claim
without further hearing, esp. before the trial of the
issues involved. [Cases: Federal Civil Procedure
1691-1842; Pretrial Procedure (:;:::>501-699.)
dismissal agreed. A court's dismissal ofa lawsuit with
the acquiescence of all parties . Among other pos
sibilities, the parties may have settled out ofcourt or
chosen to have their dispute arbitrated or mediated.
Also termed agreed dismissal.
dismissal for failure to prosecute. See dismissal for
want ofprosecution.
dismissal for lack ofprosecution. See dismissal for want
ofprosecution.
dismissal for want ofequity. (1859) A court's dismissal
of a lawsuit on substantive, rather than procedural,
grounds, usu. because the plaintiff's allegations are
found to be untrue or because the plaintiff's pleading
does not state an adequate claim. [Cases: Pretrial Pro
cedure (:;:::>552,622.)
dismissal for want ofprosecution. (1831) A court's
dismissal of a lawsuit because the plaintiff has failed
to pursue the case diligently toward completion. -
Abbr. DWOP. Also termed dismissal for failure to
prosecute: dismissal for lack ofprosecution. [Cases:
Criminal Law (:;:::>303.30(1); Federal Civil Procedure
Pretrial Procedure (:;:::> 581-602.]
dismissal without prejudice. (1831) A dismissal that
does not bar the plaintiff from refiling the lawsuit
within the applicable limitations period. See WITHOUT
PREJUDICE. [Cases: Federal Civil Procedure G'":;:) 1713,
1837.1; Pretrial Procedure 690.]
dismissal with prejudice. (1898) A dismissal, usu. after
an adjudication on the merits, barring the plaintiff dismissed with prejudice
from prosecuting any later lawsuit on the same claim.
 If, after a dismissal with prejudice, the plaintiff files
a later suit on the same claim, the defendant in the
later suit can assert the defense of res judicata (claim
preclusion). See RES JUDICATA; WITH PREJUDICE.
[Cases: Federal Civil Procedure 1713, 1837.1;
Pretrial Procedure 690.)
involuntary dismissal. (1911) A court's dismissal of
a lawsuit because the plaintiff failed to prosecute or
failed to comply with a procedural rule or court order.
Fed. R. Civ. P. 41(b). [Cases: Federal Civil Procedure
C::>1721-1842; Pretrial Procedure (:;:::>531-699.)
voluntary dismissal. (1834) A plaintiff's dismissal ofa
lawsuit at the plaintiff's own request or by stipulation
ofall the parties. Fed. R. Civ. P. 41(a). [Cases: Federal
Civil Procedure 1691-1715; Pretrial Procedure
(:;:::>501-520.]
2. A release or discharge from employment. See DIS
CHARGE (7). [Cases: Labor and Employment (:;:::>825.]
dismissal for cause. (1877) A dismissal of a contract
employee for a reason that the law or public policy
has recognized as sufficient to warrant the employee's
removal. [Cases: Labor and Employment (:;:::>762.)
3. Military law. A court-martial punishment for an
officer, commissioned warrant officer, cadet, or mid
shipman, consisting of separation from the armed
services with dishonor.  A dismissal can be given
only by a general court-martial and is considered the
equivalent ofa dishonorable discharge. [Cases: Military
Justice (:;:::> 1322.1.] dismiss, vb.
dismissal compensation. See SEVERANCE PAY.
dismissal order. See ORDER (2).
dismissed for want of equity. (Of a case) removed
from the court's docket for substantive reasons, usu.
because the plaintiff's allegations are found to be
untrue or because the plaintiff's pleading does not
state an adequate claim. See dismissal for want ofequity
under DISMISSAL (1). [Cases: Pretrial Procedure Cr---::>
552,622.]
dismissed for want ofprosecution. (Of a case) removed
from the court's docket because the plaintiff has failed
to pursue the case diligently toward completion. See
dismissal for want ofprosecution under DISMISSAL (1).
[Cases: Federal Civil Procedure (:;:::> 1758; Pretrial Pro
cedure (:;:::>581-602.]
dismissed without prejudice. (Of a case) removed from
the court's docket in such a way that the plaintiff may
refile the same suit on the same claim. See dismissal
without prejudice under DISMISSAL (1); WITHOUT PREj
UDICE. [Cases: Federal Civil Procedure (:;:::>1713,1837.1;
Pretrial Procedure (:;:::>517.1, 690.)
dismissed with prejudice. (Of a case) removed from the
court's docket in such a way that the plaintiff is fore
closed from filing a suit again on the same claim or
claims. See dismissal with prejudice under DISMISSAL
(1); WITH PREJUDICE. [Cases: Federal Civil Procedure
(:;:::> 1713, 1837.1; Pretrial Procedure (:;:::>517.1, 690.J

538 dismission
dismission. Archaic. 1. An act ofdismissing <dismission
of the jury>. 2. A removal, esp. from office or position
<dismission of the employee>. 3. A decision that a suit
cannot be maintained <dismission of the case>.
dismortgage. See REDEMPTION (4).
Disneyland parent. See PARENT.
disobedient child. See incorrigible child under CHILD.
disorder. (1877) 1. A lack of proper arrangement
<disorder ofthe files>. 2. An irregularity <a disorder in
the proceedings>. 3. A public disturbance; a riot <civil
disorder>. 4. A disturbance in mental or physical health
<an emotional disorder> <a liver disorder>.
disorderly conduct. See CONDUCT.
disorderly house. (16c) 1. A dwelling where people carry
on activities that are a nuisance to the neighborhood.
[Cases: Disorderly House (;:::::c 1.] 2. A dwelling where
people conduct criminal or immoral activities.
Examples are brothels and drug houses. -Also termed
(more narrowly) bawdy house; house ofprostitution;
house ofillfame; house ofill repute; lewd house; assig
nation house; house ofassignation.
"The keeping of one type of disorderly house -the
bawdy house -is punished because it violates the social
interest in maintaining proper standards of morality and
decency.... As included here a house may be disorderly
for other reasons. Any house in which disorderly persons
are permitted to congregate, and to disturb the tranquillity
of the neighborhood by fighting, quarreling, swearing or
any other type of disorder, is a disorderly house; and the
keeping thereof is a misdemeanor at common law." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 487 (3d ed.
1982).
disorderly person. (18c) 1. A person guilty ofdisorderly
conduct. [Cases: Disorderly Conduct (;:::::c 108-140.] 2.
A person who breaches the peace, order, decency, or
safety ofthe public, as defined by statute . The offense
ofbeing a disorderly person is usu. a misdemeanor.
"Ordinarily, a person who is gUilty of disorderly conduct
is a 'disorderly person,' but where statutes define 'a dis
orderly person' and distinguish acts which may constitute
the offense of disorderly conduct, the distinction is to be
preserved and the different provisions relative to the dif
ferent offenses particularly followed." 27 c.J.S. Disorderly
Conduct  1 (1), at 509 (1 959).
disparagare (di-spar-J-gair-ee), vb. [Law Latin fr. Law
French disparager "to disparage"] Hist. 1. To disparage.
2. To bring together unequal persons, as in a marriage
between persons of unequal lineage. Cf. PARAGE.
disparagatio (di-spar-J-gay-shee-oh), n. [Law Latin]
Hist. Disparagement in marriage.
disparagation (di-spar-J-gay-shJn), n. [Law French] Hist.
1. Disparagement. 2. A marriage below one's station.
disparagement (di-spar-ij-mJnt), n. (16c) 1. A deroga
tory comparison ofone thing with another <the dispar
agement consisted in comparing the acknowledged liar
to a murderer>. 2. The act or an instance ofcastigating
or detracting from the reputation of, esp. unfairly or
untruthfully <when she told the press the details ofher
husband's philandering, her statements amounted to
disparagement>. 3. A false and injurious statement that discredits or


's philandering, her statements amounted to
disparagement>. 3. A false and injurious statement that discredits or detracts from the reputation of another's
character, property, product, or business. To recover
in tort for disparagement, the plaintiff must prove that
the statement caused a third party to take some action
resulting in specific pecuniary loss to the plaintiff.
Also termed injurious falsehood. -More narrowly
termed slander oftitle; trade libel; slander ofgoods. See
TRADE DISPARAGEMENT. Cf. commercial defamation
under DEFAMATION. [Cases: Libel and Slander (;:::::c
130, 133.] 4. Reproach, disgrace, or indignity <self
importance is a disparagement of greatness>. 5. Hist.
The act or an instance of pairing an heir in marriage
with someone of an inferior social rank <the guardian's
arranging for the heir's marriage to a chimney sweep
amounted to disparagement>. -disparage, vb.
disparaging instruction. See JURY INSTRUCTION.
disparaging mark. See disparaging trademark under
TRADEMARK.
disparaging trademark. See TRADEMARK.
disparate impact (dis-pJ-rit). (1973) The adverse effect of
a facially neutral practice (esp. an employment practice)
that nonetheless discriminates against persons because
oftheir race, sex, national origin, age, or disability and
that is not justified by business necessity . Discrimina
tory intent is irrelevant in a disparate-impact claim.
Also termed adverse impact. [Cases: Civil Rights (;:::::c
1033, 1140.]
disparate treatment. The practice, esp. in employ
ment, ofintentionally dealing with persons differently
because of their race, sex, national origin, age, or dis
ability.  To succeed on a disparate-treatment claim,
the plaintiff must prove that the defendant acted with
discriminatory intent or motive. [Cases: Civil Rights
(;:::::c 1033, 1138.]
"Claims brought on behalf of a group of employees come
in two varieties: claims of intentional discrimination (or
disparate treatment) and claims of discriminatory impact
(or disparate impact). The difference between these types
of claims is significant, so much so that constitutional
law only recognizes claims of disparate treatment, not
disparate impact. Yet these two kinds of claims resemble
one another, especially in the statistical evidence that the
plaintiff must present in order to establish liability.... [C]
lass claims of disparate treatment emphasize the historical
perspective and its negative conception of equality as col
orblindness, while class claims of disparate impact empha
size the remedial perspective and its goal of eliminating
the effects of past discrimination." George Rutherglen,
Employment Discrimination Law 56 (2001).
disparity (di-spar-J-tee). (16c) Inequality; a difference in
quantity or quality between two or more things.
dispatch (di-spach also dis-pach), n. 1. A prompt sending
off of something <a dispatch of the letter agreement>.
2. A prompt completion of something <dispatch of a
business transaction>. 3. Something quickly sent <the
dispatch was mailed>. 4. Maritime law. The required
diligence in discharging cargo <dispatch is required on
all charters>. [Cases: Shipping (;:::::c47, 49(6).]
customary dispatch. Dispatch that follows the rules,
customs, and usages of the port where cargo is dis
charged. [Cases: Shipping (;:::::c47, 49(6).]

539
quick dispatch. A speedy dispatch that does not strictly
follow the customs of the port, esp. to avoid delays
resulting from a crowded wharf. [Cases: Shipping <:=>
47,49(6).]
5. Maritime law. DISPATCH MONEY.
dispatch money. Maritime law. An amount paid by a
shipowner to a vessel's charterer if the vessel's cargo is
unloaded at the port sooner than provided for in the
agreement between the charterer and the shipowner.
Also termed dispatch. Cf. contract demurrage under
DEMURRAGE. [Cases: Shipping \.~49(6).]
"Some charters contain a provision for 'dispatch money,'
which is in the nature of a reward to the charterer for
loading or unloading more rapidly than provided for
i.e., in less time than the stipulated 'lay days.' Dispatch,
where payable, is usually stated, just as is demurrage, in
terms of a rate per day and pro rata part thereof." Grant
Gilmore & Charles L Black Jr., The Law ofAdmiralty  48,
at 212 (2d ed. 1975).
dispatch rule. See MAILBOX RULE.
dispauper (dis-paw-par), vb. To disqualify from being
a pauper; to deprive (a person) of the ability to sue in
forma pauperis. See IN FORMA PAUPERIS.
dispensary (di-spen-sar-ee), n. 1. A place where drugs
are prepared or distributed. 2. An institution, usu. for
the poor, where medical advice and medicines are dis
tributed for free or at a discounted rate.
dispensation (dis-pen-say-shan). An exemption from a
law, duty, or penalty; permission to do something that
is ordinarily forbidden.
dispense with the reading ofthe minutes. Parliamentary
law. To forgo reciting the secretary's proposed minutes
at the regular time. -The reading is not foregone alto
gether, but simply postponed. Ifthe proposed minutes
have been printed and circulated, then their correction
and approval is in order without reading them aloud,
and a motion to dispense with reading them is super
fluous.
dispersonare (dis-par-sa-nair-ee), vb. [Latin] Rist. To
scandalize, disparage, or slander.
displaced person. See PERSON (1).
displaced-persons camp.lnt'l. law. In a nation in the
throes of war, natural disaster, ethnic cleansing, or
some similar extraordinary event, a temporary settle
ment where citizens who have become homeless are
temporarily provided with the basic necessities of life
and given assistance in resetttling or emigrating.
displacement. 1. Removal from a proper place or position
<displacement of a file> <displacement of an officer>.
2. A replacement; a substitution <displacement of one
lawyer with another>. 3. A forced removal of a person
from the person's home or country, esp. because of
war <displacement of refugees>. 4. A shifting of emo
tional emphaSiS from one thing to another, esp. to avoid
unpleasant or unacceptable thoughts or tendencies
<emotional displacement>.
display right. (1944) Copyright. A copyright owner's
exclusive right to show or exhibit a copy of the disposition
protected work publicly, whether directly or by tech
nological means. -For example, this right makes it
illegal to transmit a copyrighted work over the Internet
without permission. [Cases: Copyrights and Intellec
tual Property <:=>36.]
dispone (dis-pohn), vb. [fr. Middle English disponen fr.
Old French disponer "dispose"]l. Archaic. To dispose;
to arrange. 2. Scots law. To convey, transfer, or other
wise alienate (property),
disponee. See ALIENEE.
dispono (dis-poh-noh), vb. [Latin] Scots law. I grant or
convey (land, etc.). _ This is traditionally the main verb
in a grant.
disponor. See ALIENOR.
disposable earnings. See disposable income under
INCOME.
disposable income. See INCOME.
disposable portion. The portion of property that can
be willed to anyone the testator chooses. [Cases: Wills
<:=> 11.]
disposal. Patents. A patent application's termination by
withdrawal, rejection, or grant. -In some countries,
the meaning is limited to rejection. [Cases: Patents
108.]
disposing capacity. See testamentary capacity under
CAPACITY (3).
Disposing Clause. The clause of the U.S. Constitution
giving Congress the power to dispose of property
belonging to the federal government. U.S. Const. art.
IV,  3, d. 2. United States <:=>58.)
disposing mind. See testamentary capaCity under
CAPACITY (3).
disposition (dis-pa-zish-an), n. (14c) 1. The act oftrans
fer ring something to another's care or possession, esp.
by deed or will; the relinquishing ofproperty <a testa
mentary disposition of all the assets>.
testamentary disposition. A disposition to take effect
upon the death of the person making it, who retains
substantially entire control of the property until
death. [Cases: Wills
2. A final settlement or determination <the court's dis
position of the case>.
ambulatory disposition. 1. A judgment or sentence
that is subject to amendment or revocation. 2. A tes
tamentaryprovision that is subject to change because
the testator is still alive and capable of making a new
will. -Sense 2 corresponds to the first sense of dispo
sition above. See AMBULATORY.
informal disposition. The termination of a case by
means other than trial; any action that leads to dis
position without conviction and without a judicial
determination ofguilt, such as guilty pleas and deci
sions not to prosecute.
3. Temperament or character; personal makeup <a
surly disposition>. dispose, vb. dispositive, adj.

540 dispositional hearing
dispositional hearing. See disposition hearing and per
manency hearing under HEARING.
disposition hearing. See HEARING.
disposition without a trial. (1888) The final determina
tion of a criminal case without a trial on the merits,
as when a defendant pleads guilty or admits sufficient
facts to support a guilty finding without a triaL
dispositive (dis-poz-<l-tiv), adj. (17c) 1. Being a deciding
factor; (of a fact or factor) bringing about a final deter
mination. 2. Of, relating to, or effecting the disposition
ofproperty by will or deed.
dispositive clause. Scots law. In a deed, the clause ofcon
veyance by which the grantor describes the property
conveyed, its conditions or burdens, the name ofthe
grantee, and the destination to heirs. See DESTINATION
(3).
dispositive fact. See FACT.
dispositive treaty. See TREATY (1).
dispossess (dis-p<l-zes), vb. To oust or evict (someone)
from property. See DISPOSSESSION.
dispossession (dis-p<l-zesh-<ln), n. Deprivation of, or
eviction from, rightful possession of property; the
wrongful taking or withholding of possession ofland
from the person lawfully entitled to it; OUSTER (1).
[Cases: Property (;:::::>10.]
dispossessor. A person who dispossesses.
dispossess proceeding. (1888) A summary procedure
initiated by a landlord to oust a defaulting tenant
and regain possession of the premises. See FORCIBLE
ENTRY AND DETAINER. [Cases: Landlord and Tenant
G-'--.::293.]
disprove, vb. To refute (an assertion); to prove (an alle
gation) false.
dispunishable, adj. Hist. (Ofan offense) not punishable;
not answerable.
disputable presumption. See rebuttable presumption
under PRESUMPTION.
disputatio fori (dis-pyoo-tay-shee-oh for-I). [Latin]
Roman law. Argument before a court; the practice of
legal advocacy.
dispute, n. (16c) A conflict or controversy, esp. one that
has given rise to a particular lawsuit. dispute, vb.
major dispute. Labor law. Under the Railway Labor
Act, a disagreement about basic working condi
tions, often resulting in a new collective-bargaining
agreement or a change in the existing agreement .
Under the Act, two classes of disputes -major and
minor -are subject to mandatory arbitration. 45
USCA  155. Also termed new-contract dispute.
[Cases: Labor and Employment 1524.]
minor dispute. Labor law. Under the Railway Labor
Act, a disagreement about the interpretation or
application ofa collective-bargaining agreement, as
opposed to a disagreement over the formation of a new agreement. 45 USCA  155. [Cases: Labor and
Employment (;:::::> 1524.]
dispute resolution. See ALTERNATIVE DISPUTE RESO
LUTION.
dispute-resolution procedure. Intellectual property.
A mechanism for resolving international grievances
over intellectual-property protection, conducted by the
World Trade Organization under the TRIPs agreement.
 The procedure begins with a complaint by one nation
against another, tollowed by consultations between the
nations, a WTO panel report on the issue, and (poten
tially) trade sanctions against one ofthe nations.
disqualification, n. (18c) 1. Something that makes one
ineligible; esp., a bias or conflict ofinterest that prevents
a judge or jurorfrom impartially hearing a case, or that
prevents a lawyer from representing a party. [Cases:
Judges (;:::::>39; Jury (;:::::>97.]
vicarious disqualification. (1949) Disqualification of
all the lawyers in a firm or in an office because one of
the lawyers is ethically disqualified from representing
the client at issue. -Also termed imputed disqualifi
cation. [Cases: Attorney and Client (;:::>21.15.]
"In general, disqualification of a lawyer from representa
tion, at least in multiple clientconflict scenarios, means
disqualification of that lawyer's entire firm from the same
representation. When a lawyer has been exclusively or
chiefly responsible for the representation of a client and
that lawyer changes jobs, there is little question but that
the imputed-disqualification rule will apply to disqualify
the new firm from representing the opponent of the


question but that
the imputed-disqualification rule will apply to disqualify
the new firm from representing the opponent of the first
client. But because lawyers often work for large organiza
tions, ... a question may arise about the application of the
imputation rule when a lawyer has left employment ....
If the lawyer had little or no responsibility in the first
organization for the representation or if the lawyer can
be effectively shielded from the representation in the new
organization, or both, there may be no useful purpose
served by imputing the lawyer's disqualification to the new
organization ...."James E. Moliterno &John M. Levy, Ethics
of the Lawyer's Work 151 (1993).
2. The act ofmaking ineligible; the fact or condition of
being ineligible. Cf. RECUSAL. disqualify, vb.
disrate, vb. To reduce to a lower rank, esp. to reduce a
ship or petty officer's rank.
disrationare (dis-ray-shee-<l-nair-ee), n. [Law Latin fro
Law French desreigner "to deraign"] Hist. To prove; to
establish a title.
disregard, n. 1. The action ofignoring or treating without
proper respect or consideration. 2. The state of being
ignored or treated without proper respect or consider
ation. -disregard, vb.
reckless disregard. (1820) 1. Conscious indifference to
the consequences ofan act. [Cases: Municipal Corpo
rations C='723, 747(3); Negligence (;:::::>274.] 2. Defa
mation. Serious indifference to truth or accuracy of
a publication . "Reckless disregard for the truth" is
the standard in proving the defendant's actual malice
toward the plaintiff in a libel action. [Cases: Libel and
Slander (~51.] 3. The intentional commission of a
harmful act or failure to do a required act when the
actor knows or has reason to know offacts that would

541 dissolution
lead a reasonable person to realize that the actor's
conduct both creates an unreasonable risk of harm
to someone and involves a high degree ofprobability
that substantial harm will result.
disregarding the corporate entity. See PIERCING THE
CORPORATE VEIL.
disrepair. A state of being in need of restoration after
deterioration or damage.
disrepute. A loss of reputation; dishonor.
disruptive couduct. See CON DUCT.
disseise (dis-seez), vb. To wrongfully deprive (a person)
of the freehold possession of property. Also spelled
disseize.
disseisee (dis-see-zee). A person who is wrongfully
deprived ofthe freehold possession ofproperty. Also
spelled disseizee. Also termed disseisitus.
disseisin (dis-see-zin), n. (14c) Ibe act of wrongfully
depriving someone of the freehold possession of
property; DISPOSSESSION. Also spelled disseizin.
(Cases: Property v 10.)
disseisin by election. A legal fiction by which a property
owner is allowed to claim that he or she has been dis
seised, regardless of whether this is actually true, in
order to have a remedy against an adverse claimant.
equitable disseisin. The wrongful deprivation ofthe
equitable ownership, possession, or the fruits ofown
ership or possession.
fresh disseisin. The right at common law ofa person
disseised ofland to forcefully eject the disseisor from
the land without resort to law, as long as the ejection
occurred soon after the disseisin.
disseisitrix. See DISSEISORESS.
disseisitus. See DISSEISEE.
disseisor (dis-see-z;u or -zor). A person who wrong
fully deprives another of the freehold possession of
property. -Also spelled disseizor.
disseisoress (dis-see-zi'lr-is). Hist. A female disseisor.
Also termed disseisitrix.
dissemble (di-sem-bdl), vb. 1. Archaic. To physically
disguise <to dissemble by wearing a mask>. 2. To give a
false impression about (something); to cover up (some
thing) by deception <to dissemble the facts>.
disseminatiou (di-sem-i-nay-sh;:m), n. 1. The act of
spreading, diffusing, or dispersing; esp., the circulation
ofdefamatory matter. [Cases: Libel and Slander v 23.]
2. The extension of the influence or establishment ofa
thing, such as an idea, book, or document.
dissensus (di-sen-sds), n. [Latin "disagreement") Roman
law. 1. A lack of agreement. 2. A mutually agreed
annulment of a contractual obligation; an undoing of
the consensus that created the obligation.
dissent (di-sent), n. (16c) 1. A disagreement with a
majority opinion, esp. among judges. 2. See dissenting
opinion under OPINION (I). 3. A Withholding of assent
or approval. 4. The act ofa surviving spouse who, as statutorily authorized in many states, refuses a devise
and elects instead a statutory share. See ELECTIVE
SHARE. -dissent (di-sent), vb.
dissent and appraisal, right of. See APPRAISAL REMEDY.
dissenters' right. See APPRAISAL REMEDY.
dissentiente (di-sen-shee-en-tee). [Latin) Dissenting .
When used with a judge's name, it indicates a dissent
ing opinion.
dissenting opinion. See OPINION (1).
dissignare (di-sig-nair-ee), vb. [Law Latin] To break open
a seal.
dissipation, n. (17c) The use of an asset for an illegal
or ineqUitable purpose, such as a spouse's use of com
munity property for personal benefit when a divorce
is imminent. [Cases: Divorce v252.2, 252.3(1).)
dissipate, vb.
dissociative amnesia. See REPRESSED-MEMORY
SYNDROME.
dissolute, adj. (Of a person or thing) lacking restraint;
wanton; devoted to pleasure <dissolute person> <a dis
solute lifestyle>.
dissolution (dis-a-Ioo-sh;m), n. (14c) 1. The act of
bringing to an end; termination. 2. The cancellation
or abrogation ofa contract, with the effect ofannulling
the contract's binding force and restoring the parties
to their original positions. See RESCISSION. 3. The ter
mination of a corporation's legal existence by expira
tion ofits charter, by legislative act, by bankruptcy, or
by other means; the event immediately preceding the
liquidation or winding-up process. [Cases: Corpora
tions ~592.1
de facto dissolution. The termination and liquidation
ofa corporation's business, esp. because ofan inabil
ity to pay its debts.
involuntary dissolution. The termination of a corpo
ration administratively (for failure to file reports or
pay taxes), judicially (for abuse ofcorporate authority,
management deadlock, or failure to pay creditors), or
through involuntary bankruptcy. (Cases: Corpora
tions v612.)
voluntary dissolution. A corporation's termination ini
tiated by the board ofdirectors and approved by the
shareholders. [Cases: Corporations (;:;)610(1).1
4. The termination ofa previously existing partnership
upon the occurrence of an event specified in the part
nership agreement, such as a partner's withdrawal from
the partnership, or as specified by law. Cf. WINDING UP.
rCases: Partnership V 263.] 5. Patents. The dismissal
ofan interference contest before a final judgment and
an express award ofpriority. The effect ofdissolving
an interference is that junior parties fail to meet their
burden of proof, so the senior party retains priority.
[Cases: Patents 106(5).] 5. Parliamentary law. An
adjournment sine die without any provision for recon
vening the same deliberative assembly, even ifanother
assembly of the same kind (such as a legislative body

542 dissolution bond
or a convention) will eventually convene. -dissolve,
vb.
dissolution bond. See discharging bond under BOND
(2).
dissolution of marriage. 1. DIVORCE. 2. Archaic. A
divorce-like remedy available when both spouses have
signed a separation agreement that deals with (1) the
issue of alimony (providing either some or none), and
(2) ifthere are children, the issues of support, custody,
and visitation . Under a dissolution of marriage in this
sense, the court is bound by the separation agreement
and cannot later modify alimony payments. Courts
in jurisdictions where the term has been used in this
specific sense traditionally distinguish it from divorce,
which was formerly available only on certain grounds
and which allowed the court to modify alimony
payments.
dissolved corporation. See CORPORATION.
dissolving condition. See resolutory condition under
CONDITION (2).
dissuade, vb. To persuade (someone) not to do some
thing <to dissuade the expert from testifying>.
distaff right. Hist. A woman's legal right.
distillate. Oil & gas. 1. The "wet" element of natural gas
that may be removed as a liquid. Also termed con
densate; natural gas. 2. Any product of the process of
distillation.
distincte et aperte (dis-tingk-tee et ~-p"r-tee). [Law
Latin] Distinctly; openly . This phrase was formerly
used in writs of error to refer to the return required
to be made.
distinct invention. See INVENTION.
distinctive mark. See distinctive trademark under
TRADEMARK.
distinctive name. See NAME.
distinctiveness, n. Trademarks. The quality of a trade
marked word, symbol, or device that identifies the
goods ofa particular merchant and distinguishes them
from the goods ofothers. -Also termed acquired dis
tinctiveness. [Cases: Trademarks (;::::-1029.] -distinc
tive, adj.
distinctive trademark. See TRADEMARK.
distinguish, vb. (iSc) 1. To note a significant factual, pro
cedural, or legal difference in (an earlier case), usu. to
minimize the case's precedential effect or to show that
it is inapplicable <the lawyer distinguished the cited
case from the case at bar>.
"In practice, courts do not concede to their predecessors
the power of laying down very wide rules; they reserve to
themselves the power to narrow such rules by introducing
into them particular facts of the precedent case that were
treated by the earlier court as irrelevant. This process is
known as 'distinguishing,''' John Salmond, Jurisprudence
192 (Glanville L. Williams ed., 10th ed. 1947).
2. To make a distinction <the court distinguished
between willful and reckless conduct>. -distinc
tion, n. distinguishable, adj. (Of a case or law) different from,
and thereby not controlling or applicable in, a given
case or situation.
distinguishable variation. Copyright. A detectable dif
ference between two works . Distinguishable variation
is the standard for determining whether a work that
is based on a work in the public domain can itself be
copyrighted. Examples include translations of books
and mezzotints of paintings. Some nontrivial original
ity is also required; exact copies are not protectable.
distinguishing mark. A physical indication or feature
that identifies or delineates one person or thing from
another <the voting ballots contained distinguishing
marks so that they could not be counted>. See DISTINC
TIVENESS.
distracted, adj. 1. (Of a person) not concentrating. 2. (Of
a person) disordered.
distractio (di-strak-shee-oh), n. [Latin fro distrahere "to
draw apart"] Roman law. A separation or division into
parts; an alienation or sale, such as a creditor's sale of
a pledge.
distractio bonorum (di-strak-shee-oh b~-nor-~m). [Latin
"the sale of goods"] Roman law. A curator bonorum's
sale of the property in an insolvent estate to satisfy
creditors' claims.
distraction doctrine. (1999) The rule that a plaintiff may
not be guilty of contributory negligence if the plaintjff's
attention was diverted from a known danger by a suf
ficient cause. See contributory negligence under NEGLI
GENCE. [Cases; Negligence C--~S06(3), 1286(3).]
distractio pignoris (di-strak-shee-oh pig-nor-is). [Latin
"the sale of something pledged"] Roman law. A credi
tor's sale of something pledged or hypothecated to
obtain satisfaction on a debt.
distrahere (dis-tray-ha-ree), vb. [fro Latin dis "apart" +
trahere "to draw"] To draw apart; to sell; to dissolve,
as in a contract.
distrain, vb. (l3c) 1. To force (a person, usu. a tenant),
by the seizure and detention of personal property, to
perform an obligation (such as paying overdue rent).
[Cases; Landlord and Tenant (;:::;> 270.] 2. To seize
(goods) by distress, a legal remedy entitling the rightful
owner to recover property wrongfully taken. -Also
spelled distrein. -distraint, n.
distrainee. One who is, or whose property is, dis
trained.
distrainer. Someone who seizes property under a
distress. -Also spelled distrainor; distreinor.
distraint. See DISTRESS.
distrein, vb. See DISTRAIN.
distress, n. (13c) 1. The seizure of another's property to
secure the performance of a duty, such as the payment
of overdue rent. [Cases; Landlord and Tenant (:=,263


performance of a duty, such as the payment
of overdue rent. [Cases; Landlord and Tenant (:=,263
270.]2. The legal remedy authorizing such a seizure; the
procedure by which the seizure is carried out.

543
"Distress ... may be defined as the taking, either with legal
process, or extrajudicially subject to the performance of
some necessary condition precedent, by a private individ
ual or by an officer of the court, of a personal chattel, out
of the possession of a wrongdoer or defaulter and into the
custody of the law to be impounded as a pledge in order
to bring pressure to bear upon the owner of the chattel to
redress an injury, to perform a duty, or to satisfy a lawful
demand, subject, however, to the right of the owner to
have the chattel returned to him [up]on the injury being
redressed, or the duty performed, or the demand satisfied
or [up]on security being given so to do." EA. Enever, History
of the Law of Distress 7-8 (1931).
"The word distress is derived from distringere, meaning to
put into a strait or pound. In early English custumals the
word used is nam, which is of Scandinavian derivation and
indicates a taking. In the latin legal documents of early
medieval times pignorare is used as well as distringere to
denote the act of distraining, but whereas distringere is
used in relation to distress for rent and services, pignorare
is applied to distress for debts." F.A. Enever, History ofthe
Law of Distress 3 (1931).
distress damage feasant. The right to seize animals or
inanimate chattels that are damaging or encumber
ing land and to keep them as security until the owner
pays compensation. [Cases: Animals C:::>95.)
distress infinite. A distress that the sheriff can repeat
from time to time to enforce the performance of
something, as in summoning a juror or compel
ling a party to appear in court.  The goods must be
returned after the delinquent person performs his or
her duty.
"[Flor the most part it is provided that distresses be reason
able and moderate; but, in the case of distress for fealty or
suit of court, no distress can be unreasonable, immoder
ate, or too large: for this is the only remedy to which the
party aggrieved is entitled, and therefore it ought to be
such as is sufficiently compulsory; and, be it of what value
it will, there is no harm done, especially as it cannot be sold
or made away with, but must be restored immediately on
satisfaction made. A distress of this nature, that has no
bounds with regard to its quantity, and may be repeated
from time to time until the stubbornness of the party is
conquered, is called a distress infinite." 3 William Black
stone, Commentaries on the Laws ofEngland 231 (1768).
grand distress. Hist. In a quare impedit action in which
the defendant has failed to appear, a distress of the
defendant's goods and lands to compel the defen
dant's appearance.
second distress. A supplementary distress allowed
when goods seized under the first distress are insuf
ficient to satisfy the claim.
3. The property seized. -Also termed distraint.
distressed debt. See DEBT.
distressed goods. See GOODS.
distressed property. See PROPERTY.
distress sale. See SALE.
distress warrant. See WARRANT (1).
distributable net income. See INCOME.
distribute (di-strib-yoot), vb. 1. To apportion; to divide
among several. 2. To arrange by class or order. 3. To
deliver. 4. To spread out; to disperse. distribution
distributed denial-of-service attack. See DENIAL-OF
SERVICE ATTACK.
distributee (di-strib-yoo-tee), n. (1870) 1. A beneficiary
entitled to payment. 2. An heir, esp. one who obtains
personal property from the estate of an intestate
decedent.
expectant distributee. A prospective heir whose
interest depends on a contingency; an expectant
heir. -Also termed expectant beneficiary. See pro
spective heir under HEIR.
legal distributee. A person whom the law would entitle
to take property under a will.
distribution, n. (l4c) 1. The passing of personal property
to an intestate decedent's heirs; specie, the process of
dividing an estate after realizing its movable assets and
paying out of them its debts and other claims against
the estate. Cf. DESCENT (1). [Cases: Descent and Distri
bution Executors and Administrators C:::>288
318.] 2. The act or process of apportioning or giving
out. distribute, vb.
controlled-securities-offering distribution. See secu
rities-offering distribution (1).
corporate distribution. A corporation's direct or
indirect transfer ofmoney or other property, or incur
ring ofindebtedness to or for the benefit ofits share
holders, such as a dividend payment out ofcurrent or
past earnings. [Cases: Corporations (;:;:> 155(1).)
liquidating distribution. A distribution of trade or
business assets by a dissolving corporation or part
nership. Also termed distribution in liquidation.
[Cases: Corporations C:::>629.]
nonliquidating distribution. A distribution of assets
by a corporation or partnership that is not going out
ofbusiness, such as a distribution ofexcess capital not
necessary for current operations.
partnership distribution. A partnership's payment of
cash or property to a partner out ofearnings or as an
advance against future earnings, or a payment of the
partners' capital in partial or complete liquidation of
the partner's interest. [Cases: Partnership C:::>305.]
probate distribution. The judicially supervised appor
tionment and division -usu. after the payment of
debts and charges -of assets of an estate among
those legally entitled to share. [Cases: Executors and
Administrators C:::>288-318.)
secondary distribution. 1. The public sale of a large
block ofpreviously issued stock. -Also termed sec
ondary offering. See OFFERING. 2. The sale of a large
block ofstock after the close ofthe exchange.
securities-offering distribution. 1. An issuer's public
offering of securities through a formal underwriting
agreement with a broker-dealer. -Also termed con
trolled-securities-offering distribution. 2. An issuer's
public offering of securities on an informal basis, with
or without brokers. Also termed (in both senses)
uncontrolled-securities-offering distribution.

trust distribution. The cash or other property paid
or credited to a trust beneficiary. [Cases: Trusts C=c
270-288.]
uncontrolled-securities-offering distribution. See
securities-offering distribution (2).
distribution channel. One of several routes through
which a manufacturer's or distributor's goods are
marketed. _ In trademark law, identical or similar
marks that are used in the same channel may lead to
consumer confusion. Also termed channel oftrade;
channel ofdistribution. [Cases: Trademarks Cr-=~1110.]
distribution cost. See COST (1).
distribution in kind. (1819) A transfer ofproperty in its
original state, such as a distribution ofland instead of
the proceeds ofits sale.
distribution in liquidation. See liquidating distribution
under DISTRIBUTION.
distribution license. See LICENSE.
distribution right. (1936) Copyright. A copyright
holder's exclusive right to sell, lease, or otherwise
transfer copies ofthe protected work to the public. Cf.
FIRST-SALE DOCTRINE. [Cases: Copyrights and Intel
lectual Property (;::c36.]
distributive (di-strib-ya-tiv), adj. Ofor relating to appor
tioning, dividing, and assigning in separate items or
shares; of or relating to distributing.
distributive clause. (1821) A will or trust provision gov
erning the distribution ofincome and gifts.
distributive deviation. A trustee's authorized or unau
thorized departure from the express distributional
terms of a trust.  A trustee must apply to the court
for authoritv to deviate from the terms of a trust.
In America~ law, courts rarely authorize deviation
unless all the beneficiaries consent and there is no
material purpose of the settlor yet to be served. Some
state statutes provide that deviation is permitted if the
court finds that deviation would effectuate the settlor's
intention, though the modification is not expressly
authorized by the trust's provisions. The Pulitzer trust
illustrates the possibility that extraordinary circum
stances not anticipated by the settlor may justify devia
tion, despite an express prohibition within the trust.
Joseph Pulitzer set up a testamentary trust with shares
of World newspaper stock; his will directed that the sale
of these shares was not authorized under any circum
stances. Nonetheless, the court later approved the stock
sale when given evidence that because of hemorrhaging
losses, the trust's continuation was jeopardized. In re
Pulitzer's Estate, 249 N.Y.S. 87 (Sur. Ct. 1931).
distributive finding. A jury's decision partly in favor of
one party and partly in favor of another.
distributive justice. See JUSTICE (1).
distributive share. (18c) 1. The share that an heir or ben
eficiary receives from the legal distribution of an estate.
[Cases: Descent and Distribution C=c20-51; Wills C=c
521-535.]2. The portion (as determined in the partner
ship agreement) ofa partnership's income, gain, loss, or deduction that is passed through to a partner and
reported on the partner's tax return. [Cases: Internal
Revenue (;::c3921; Taxation <:::::>3487.] 3. The share of
assets or liabilities that a partner or partner's estate
acqUires after the partnership has been dissolved.
[Cases: Partnership C=c86, 305.]
distributor. (1884) A wholesaler, jobber, or other manu
facturer or supplier that sells chiefly to retailers and
commercial users.
distributorship. A franchise held by a person or company
who sells merchandise, usu. in a specific area to indi
vidual customers <a car distributorship>. [Cases: Con
tracts C=>202(1).]
dual distributorship. A business structure in which
one party operates a branch or dealership on the same
market level as one or more ofits customers.
district. (17c) 1. A territorial area into which a country,
state, county, municipality, or other political subdi
vision is divided for judicial, political, electoral, or
administrative purposes. 2. A territorial area in which
similar local businesses or entities are concentrated,
such as a theater district or an arts district. Abbr.
D.
assessment district. Tax. A usu. municipal subdivision
in which separate assessments oftaxable property are
made. [Cases: Municipal Corporations C=c450.]
congressional district. (1804) A geographical unit of
a state from which one member of the U.S. House of
Representatives is elected. [Cases: United States
10.]
consolidated school district. See SCHOOL DISTRICT.
election district. A subdivision ofa state, county, or city
that is established to facilitate an election or to elect
governmental representatives for that subdivision.
[Cases: Elections C=c48.]
floterial district (floh-teer-ee-al). A legislative district
that includes several separate districts or political
subdivisions that independently would not be entitled
to additional representation, but whose conglomerate
population entitles the district to another seat in the
legislative body being apportioned. [Cases: Constitu
tional Law C=c3658(8); States C=c27(7).]
influence district. A voting district in which a racial or
ethnic minority group does not constitute a majority
of the voters, but does make up a sufficient propor
tion of the voters to constitute an influential minority,
thus being able to elect its preferred candidate with
a reasonable number of crossover votes from other
groups. Cf. majority-minority district. [Cases: Elec
tions C=c 12(6).]
land district. A federally created state or territorial
division containing a U.S. land office that manages
the disposition of the district's public lands. [Cases:
Public Lands
legislative district. (1840) A geographical subdivision
ofa state for the purpose ofelecting legislative repre
sentatives. [Cases: States

levee district. A local or regional political subdivision
organized to construct and maintain levees within its
territory at public expense. [Cases: Levees and Flood
Control C::::>4.]
majority-minority district. A voting district in which
a racial or ethnic minority group makes up a majority
ofthe voting citizens. [Cases: Elections ~12(6).]
metropolitan district. A special district, embracing
parts ofor entire cities and towns in a metropolitan
area, created by a state to provide unified administra
tion of one or more common services, such as water
supply or public transportation. [Cases: Municipal
Corporations
mineral district. (1812) A particular region of the
country where valuable minerals are typically found
and mined.
municipal utility district. (1921) A publicly owned
corporation, or a political subdivision, that provides
the public with a service or services, such as water,
electricity, gas, transportation, or telecommunica
tions. Abbr. MUD. -Also termed public utility
district (PUD). [Cases: ElectricityC:;:' 1.5.]
school district. See SCHOOL DISTRICT.
special district. A political subdivision that is created
to bypass normal borrowing limitations, to insulate
certain activities from traditional political influence,
to allocate functions to entities reflecting particular
expertise, and to provide a single service within a
specified area


political influence,
to allocate functions to entities reflecting particular
expertise, and to provide a single service within a
specified area <a transit authority is a special district>.
[Cases: Municipal Corporations C::::>2.]
stock-law district. A district in which cattle or other
stock are prohibited from running free. [Cases:
Animals C::::>50.]
taxing district. A district -constituting the whole
state, a county, a city, or other smaller unit through
out which a particular tax or assessment is ratably
apportioned and levied on the district's inhabitants.
[Cases: Taxation 02017,2077.]
water district. A geographical subdivision created
by a state or local government entity to provide the
public with a water supply. [Cases: Waters and Water
Courses 183.5.]
district attorney. (18c) A public official appointed or
elected to represent the state in criminal cases in a
particular judicial district; PROSECC"TOR (1). Abbr.
D.A. -Also termed public prosecutor; state's attorney;
prosecuting attorney. Cf. UNITED STATES ATTORNEY.
[Cases: District and Prosecuting Attorneys
district clerk. See CLERK (2).
district court. See COURT.
district-court magistrate. See MAGISTRATE.
districting. 'fhe act of drawing lines or establishing
boundaries between geographic areas to create voting
districts. See APPORTIONMENT (3); GERRYMANDERING.
[Cases: Elections <;::)12(6).] districtio (di-strik-shee-oh), n. [Law Latin "distraint"]
Hist. 1. A distress; a distraint. 2. The right of distress.
3. Something (such as a good or animal) that can be
distrained. 4. A territory within which distraint can
be exercised. 5. Any compulsory proceeding.
district judge. See JUDGE.
District ofColumbia. The seat of the U.S. government,
situated on the Potomac River between Maryland and
Virginia. _ Neither a state nor a territory, it is con
stitutionally subject to the exclusive jurisdiction of
Congress. Abbr. D.C. (Cases: District of Columbia
~1-36.]
district parish. See PARISH.
district school. See SCHOOL.
distringas (di-string-gas), n. [Law Latin "you are to
distrain"] 1. A writ ordering a sheriff to distrain a defen
dant's property to compel the defendant to perform an
obligation, such as appearing in court or giving up a
chattel to a plaintiff awarded judgment in a detinue
action. 2. A writ ordering the sheriff to seize jurors'
goods to compel them to appear for juryservice. 3. An
equitable process of execution against a corporation
that has refused to obey a summons. [Cases: Execu
tion 4. Hist. An order, issued initially from the
Court of Exchequer, then the Court of Chancery, and
finally the High Court ofJustice, for someone inter
ested in purchasing Bank ofEngland stock, temporar
ily restraining the bank officers from transferring the
stock or paying a dividend on it. -This proceeding
was used to prevent fraudulent dealing by a trustee or
other stockholder. 'fhe relief was only temporary, and
if the bank received a request from the stockholder
to permit a stock deal, the bank had to warn the dis
tringing party to promptly obtain a restraining order
or a writ of injunction, or else the stock deal would go
through.
distringas juratores (di-string-gas joor-a-tor-eez), n.
[Law Latin "you are to distrain the jurors"] Hist. A writ
ordering the sheriff to distrain jurors or their property
to compel their appearance before the judges ofassize
and nisi prius for jury duty on an appointed day.
distringas nuper vicecomitem (di-string-gas n[y]oo-par
vI-see-kom-i-tam), n. (Law Latin "you are to distrain
the late sheriff"] Hist. 1. A writ ordering a sheriff's suc
cessor to distrain the former sheriff's property until the
former sheriffbrings in a defendant to answer the plain
tiff's charge, sells goods attached under afieri facias, or
performs some other obligation that the former sheriff
should have completed while still in office. 2. A writ
calling on an ex-sheriff to account for the proceeds
taken in execution.
distringas vice comitem (di-string-gas VI-see kom-i
tam), n. [Law Latin "you are to distrain the sheriff"]
Hist. A distringas writ ordering the coroner to distrain
the sheriff for not executing a writ ofvenditioni exponas.
See VENDITIONI EXPONAS.

distringere 546
distringere (di-strinj-<'l-ree), vb. [Latin] To distrain; to
coerce; to compel.  The first-person form ofthe verb
was distringo ("I distrain").
disturbance, n. (l3e) 1. An act causing annoyance or
disquiet, or interfering with a person's pursuit of a
lawful occupation or the peace and order of a neigh
borhood, community, or meeting. [Cases: Disorderly
Conduct ~106.] 2. At common law, a wrong done to
an incorporeal hereditament by hindering the owner's
enjoyment ofit.
disturbance ofa public meeting. The unlawful interfer
ence with the proceedings ofa public assembly. [Cases:
Breach 0fthe Peace ~1(4).]
"Generally speaking, any conduct which, being contrary to
the usages of the particular sort of meeting and class of
persons assembled, interferes with its due progress and
services, or is annoying to the congregation in whole or
in part, is a disturbance; and a meeting may be said to be
'disturbed' when it is agitated, aroused from a state of
repose, molested, interrupted, hindered, perplexed, disqui
eted, or diverted from the object of the assembly." 27 c.j.S.
Disturbance of Public Meetings  1, at 817 (1959).
disturbance ofcommon. At common law, a wrongful
interference with, or impediment to, another's right to
commonable property, such as a wrongful fencing or
surcharge on the common.
''The disturbance of common comes next to be considered;
where any act is done, by which the right of another to his
common is incommoded or diminished. This may happen,
in the first place, where one who hath no right of common,
puts his cattle into the land; and thereby robs the cattle of
the commoners of their respective shares of the pasture.
Or if one, who hath a right of common, puts in cattle which
are not commonable, as hogs and goats; which amounts to
the same inconvenience" 3 William Blackstone, Commentar
ies on the Laws ofEng/and 237 (1768).
disturbance offranchise. At common law, a wrongful
interference with a liberty or privilege.
"Disturbance of franchises happens when a man has the
franchise of holding a courtleet, of keeping a fair or
market, of freewarren, of taking toll, of seizing waifs or
estrays, or (in short) any other species of franchise what
soever, and he is disturbed or incommoded in the lawful
exercise thereof." 3 William Blackstone, Commentaries on
the Laws ofEng/and 236 (1768).
disturbance ofpatronage. A wrongful obstruction ofa
patron from presenting a clerk to a benefice.
disturbance ofpublic worship. Any conduct that inter
feres with the peaceful, lawful assembly of people for
religious exercises. [Cases: Disturbance of Public
Assemblage ~1.]
disturbance of tenure. A stranger's ouster of a tenant
from a tenancy. The tenant's lord could recover
damages for the ouster.
disturbance ofthe peace. See BREACH OF THE PEACE.
disturbance ofways. An impediment to a person's lawful
right-oi-way, as by an obstruction.
disturber. See IMPEDITOR.
disturbing the peace. See BREACH OF THE PEACE.
dittay (dit-ay), n. Scots law. 1. The grounds for an indict
ment. 2. An indictment. divadiatus. See DEVADIATUS.
diverse, adj. 1. Of or relating to different types <the
attorney handles diverse cases ranging from probate
matters to criminal law>. 2. (Of a person or entity)
having a different citizenship from the party or parties
on the other side ofthe lawsuit <the parties are diverse
because the plaintiffs are citizens of Illinois and the
defendant is a New York citizen>. See diversity juris
diction under JURISDICTION. [Cases: Federal Courts
~281.] 3. (Of a group of people) including people of
different races, sexes, nationalities, and cultural back
grounds <the school has a diverse student body>.
diversification, n. 1. A company's movement into a
broader range of products, usu. by buying firms already
serving the market or by expanding existing opera
tions <the soft-drink company's diversification into
the potato-chip market has increased its profits>. 2.
The act of investing in a wide range of companies to
reduce the risk ifone sector ofthe market suffers losses
<the prudent investor's diversification ofthe portfolio
among 12 companies>. -diversify, vb.
diversified holding company. See COMPANY.
diversified investment company. See COMPANY.
diversion, n. (17c) 1. A deviation or alteration from
the natural course of things; esp., the unauthorized
alteration of a watercourse to the detriment ofa lower
riparian owner, or the unauthorized use offunds. 2. A
distraction or pastime. -divert, vb.
diversion program. (1972) 1. Criminal law. A program
that refers certain criminal defendants before trial to
community programs on job training, education, and
the like, which if successfully completed may lead to
the dismissal of the charges. -Also termed pretrial
diversion; pretrial intervention. Cf. deferred judgment
under JUDGMENT. [Cases: Sentencing and Punishment
~2051-2054.] 2. A community-based program or
set of services designed to prevent the need for court
intervention in matters ofchild neglect, minor juvenile
delinquency, truancy, or incorrigibility . Sustained by
government funding, the program provides services
quickly and in a nonadversarial manner so that there
is no need for a formal court trial.
Diversite des courts (di-v<'lr-si-tay d<'l koort). [Law
French] A treatise on courts written in French, sup
posedly by Fitzherbert during the reign ofEdward III.
 It was printed initially in 1525 and again in 1534.
Also spelled Diversite des courtes.
"[Flor in the ancient treatise, entitled diversite de courtes ...
we have a catalogue of the matters of conscience then cog
nizable by subpoena in chancery, which fall within a very
narrow compass." 3 William Blackstone, Commentaries on
the Laws of Eng/and 53 (1768).
diversity, n. 1. DIVERSITY OF CITIZENSHIP. 2. Ethnic,
socioeconomic, and gender heterogeneity within a
group; the combination within a population ofpeople
with different backgrounds . The Supreme Court has
found diversity in education to be a compelling govern
ment interest that can support a narrowly tailored affir
mative-action plan. Grutter v. Bollinger, 123 S.Ct. 2325

547
(2003). 3. Hist. A plea that a prisoner to be executed is
not the one that was accused and found guilty, at which
point a jury is immediately impaneled to try the issue
ofthe prisoner's identity.
diversity, adj. Of, relating to, or involving diversity juris
diction <a diversity case>.
diversity jurisdiction. See JURISDICTION.
diversity ofcitizenship. (1876) A basis for federal-court
jurisdiction that exists when (1) a case is between
citizens of different states, or between a citizen of a
state and an alien, and (2) the matter in controversy
exceeds a specific value (now $75,000).28 USCA  1332.
 For purposes ofdiversity jurisdiction, a corporation
is considered a citizen of both the state of incorpora
tion and the state orits principal place ofbusiness. An
unincorporated association, such as a partnership, is
considered a citizen of each state where at least one of
its members is a citizen. Often shortened to diversity.
See diversity jurisdiction under JURISDICTION. [Cases:
Federal Courts (;:::>281-360.]
complete diversity. (1925) In a multiparty case, diver
sity between both sides to the lawsuit so that all plain
tiffs have different citizenship from all defendants .
Complete diversity must exist for a federal court to
have diversity jurisdiction over the matter. The rule of
complete diversity was first laid down by Chie[Justice
Marshall in Strawbridge v. Curtiss, 7 U.S. (3 Cranch)
267 (1806). [Cases: Federal Courts C=286.]
manufactured diversity. (1968) Improper or collu
Sively created diversity of citizenship for the sole or
primary purpose of creating federal jurisdiction .
Manufactured diversity is prohibited by 28 USCA
 1359. [Cases: Federal Courts (;:=303.]
divertee. A defendant who participates in a diversion
program. See DIVERSION PROGRAM.
dives costs (dI-veez), n. Ordinary court costs granted to
a successful party, as distinguished from limited costs
(such as out-of-pocket costs) allowed to a successful
pauper who sued or defended in forma pauperis .  The
term derives from the name of Dives, the supposed
name of the rich man in the parable of the rich man
and Lazarus (