术语
|
定义
|
damages |
Money awarded by court to a person for injury or loss suffered by the unlawful act or negligence1 of another. |
de facto |
In fact. Exercising power as if legally constituted. Compare de jure. |
de jure (dee JOOR ee) |
By right; by the law. Exercising power in accordance with the law. Compare de facto. |
de novo (deh NO vo) |
Anew. A "trial de novo" is a new trial of a case. |
decedent |
Person who has died. |
decision |
Judgment2 reached or given by a court. |
declaratory judgment |
Judgment in a civil case that declares rights and responsibilities of the parties or interpretation3 of the law without awarding damages or requiring action. E.g., a court may be asked to issue a declaratory judgment on constitutionality of a statute4 or whether an insurance policy covers a given activity. Usually requested by plaintiffs in order to avoid future legal difficulties. |
decree |
Order of the court. A final decree fully5 and finally disposes of litigation. An interlocutory decree settles preliminary or subordinate points or pleas, but not entire case. |
defamation6 |
Harming the reputation of another by making false statements to a third party, thus exposing the individual to ridicule7, hatred8, contempt or condemnation9. May be criminal or civil. Includes libel and slander10. |
default |
Failure to fulfill11 a legal or contractual obligation. |
default judgment |
Judgment entered against a defendant12 who does not respond to a claim or does not appear at trial. |
defendant |
In a civil case, the person being sued. In a criminal case, the person charged with a crime. |
demurrer (dih MUR rer) |
Motion still used in Pennsylvania to dismiss a civil case because the complaint is legally insufficient13. In most states this is now called a motion to dismiss. |
deponent |
One whose deposition14 is being taken. |
depose15 |
To testify, bear witness. Also, to examine a witness via deposition. |
deposition |
Sworn testimony16 of a witness taken under oath outside of court. Also, the session at which such testimony is recorded. |
descent and distribution statutes17 |
State laws that provide for distribution of estate property when a person dies without a will. Same as intestacy laws. |
direct evidence |
Proof of facts by witnesses who saw acts done or heard words spoken, as distinguished18 from circumstantial, or indirect, evidence. |
direct examination |
First questioning of a witness by the party who called him/her. |
directed verdict |
Instruction by judge to jury to return a specific verdict, usually because one of the parties failed to prove its case. Compare binding19 instruction. |
disbarment |
Form of disciplining a lawyer whereby he/she loses, permanently20 or temporarily, the right to practice law. |
disclaim21 |
To renounce22 one's legal rights or claims. |
discovery |
Pretrial process by which one party reveals, at other party's request, relevant information about the litigation. |
dismissal |
Termination of a lawsuit23. A "dismissal without prejudice" permits the suit to be filed again at a later time. A "dismissal with prejudice" prevents the lawsuit from being refiled later. |
dissent24 |
Disagreement by one or more appellate court judges with the decision the majority. |
diversion |
Process of removing certain minor25 criminal, traffic or juvenile26 cases from full judicial27 process on condition that accused undergo some sort of rehabilitation28 or training, e.g., job training. If defendant completes probation29 successfully, the charges may be dropped. |
docket |
List of cases to be heard by court. Also, log containing brief entries of court proceedings30. |
domicile |
Place where a person has his/her permanent, legal home. A person may have several residences, but only one domicile. |
double jeopardy31 |
Putting a person on trial more than once for the same crime. Forbidden by the Fifth Amendment32 to the U.S. Constitution. |
due process of law |
Right of all persons to receive guarantees and safeguards of law and judicial process. Includes such constitutional rights as adequate notice; assistance of counsel; and rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses |