Legal Terms: D

Deferred Action for Childhood Arrivals, a discretionary policy providing temporary protection from removal and work authorization to certain undocumented immigrants who came to the United States as children and meet specified criteria.

Monetary compensation awarded by a court to a party who has suffered loss or injury due to another party's wrongful act.

The federal standard for admitting expert testimony, requiring the trial judge to assess relevance and reliability of the methodology under FRE 702.

A federal law requiring contractors on federally funded construction projects to pay workers no less than the locally prevailing wages and fringe benefits.

Latin for 'in fact.' Describes something that exists in reality even if not officially recognized by law.

An entity that has not strictly complied with incorporation statutes but has made a good-faith attempt to incorporate and has operated as a corporation, giving it limited recognition against most parties except the state.

Latin for 'by law.' Describes something that exists by right or according to law.

A corporation that has been properly formed under state law by full compliance with all statutory requirements, giving it legal recognition against all challengers, including the state.

Latin for 'anew.' A de novo trial or hearing is conducted as if no previous decision had been made.

An appellate standard giving no deference to the lower court's determination, used for questions of law and mixed questions where legal principles predominate.

The process of removing or altering protected health information so that it no longer identifies an individual, making HIPAA protections inapplicable to the resulting data.

The sentence of execution for a capital crime. Also called capital punishment. Subject to extensive constitutional limitations.

A person or entity that owes money or is obligated to pay a debt.

A debtor in a Chapter 11 case who continues to operate its business and manage its assets while under bankruptcy court supervision.

The final order in a bankruptcy case that releases the debtor from personal liability for dischargeable debts.

A person who has died, especially one whose estate is being administered.

A court ruling that determines the rights and obligations of parties without ordering any specific action or awarding damages.

The amount an insured person must pay out of pocket before insurance coverage begins. In tax law, an expense that can be subtracted from taxable income.

A legal document that transfers ownership of real property from one party to another. Types include general warranty, special warranty, and quitclaim deeds.

A written instrument that transfers ownership of real property from a grantor to a grantee.

A document used in some states instead of a mortgage, conveying title to real property to a trustee as security for a loan until the borrower repays the debt.

A limitation placed in a deed that restricts the use of the property by subsequent owners, also known as a restrictive covenant.

A false statement of fact published to a third party that damages another person's reputation. Includes libel (written) and slander (spoken).

The clerk's entry under Rule 55(a) noting a defendant's failure to plead or otherwise defend, a prerequisite to entry of default judgment.

A divorce entered when the responding spouse fails to file an answer within the statutory period after proper service, allowing the petitioner to obtain the relief requested.

A judgment entered against a party who fails to appear in court or respond to legal proceedings.

A judgment entered under Rule 55(b) against a party who has failed to appear or defend, after either clerk's entry (sum certain) or court hearing.

A clause or condition in a deed, lease, or other instrument that, upon performance, renders the instrument void.

A 2016 federal law creating a private civil cause of action for trade secret misappropriation, allowing parties to bring claims in federal court.

The party against whom a lawsuit or criminal charge is brought.

The arguments, evidence, and legal strategy presented by the defendant to counter the plaintiff's or prosecution's case.

Use by a non-party defendant of issue preclusion against a plaintiff who lost the same issue in a prior suit, permitted in federal court since Blonder-Tongue.

A discretionary determination by immigration authorities to defer removal action against an individual for a specified period, often granting work authorization.

The appointment of another to perform the delegator's duties under a contract, though the delegator typically remains liable unless a novation occurs.

An exception excusing the demand requirement when a majority of directors are conflicted or the challenged transaction is not the product of a valid business judgment.

An exception to the demand requirement allowing a shareholder to proceed with a derivative suit when demand on the board would be futile because the directors are interested or lack independence.

The Rule 23.1 prerequisite that a shareholder make a pre-suit demand on the board of directors to take corrective action before filing a derivative suit.

The procedural prerequisite that a shareholder asserting a derivative claim must first demand that the board pursue the claim, unless demand would be futile.

A gift in a will of a specified amount payable primarily from a designated source but, if that source is insufficient, from the general estate.

Tangible items such as charts, models, or animations used to illustrate testimony rather than as substantive proof of facts.

A legal objection that, even if all the facts alleged in the complaint are true, they do not constitute a valid cause of action. Similar to a motion to dismiss.

A related doctrine reviving a previously revoked will when a later will is itself revoked, on the inference that the testator would prefer the earlier will over intestacy.

An equitable doctrine that disregards a revocation if the testator's act was based on a mistake of law or fact and the testator would not have revoked but for that mistake.

Statutory grounds under INA section 237(a) that subject a noncitizen lawfully admitted to the United States to removal, including certain criminal convictions, immigration violations, and security risks.

The formal removal of a foreign national from the United States for violating immigration laws.

The formal removal of a foreign national from the United States for violations of immigration law, now generally referred to as removal.

The forcible removal of a noncitizen from the United States after a final order of removal, executed by Immigration and Customs Enforcement.

A pretrial discovery tool in which a witness provides sworn oral testimony, recorded by a court reporter, outside of court.

Sworn out-of-court testimony of a witness, recorded for later use, taken under Rules 30 and 31 in oral or written form.

A tax deduction allowing a business to recover the cost of certain tangible and intangible assets over their useful life through annual deductions.

An annual deduction allowing the cost of tangible business or investment property to be recovered over its useful life through periodic deductions reflecting wear, tear, or obsolescence.

Ordinary income treatment upon sale of depreciated property to the extent of prior depreciation deductions, under IRC Sections 1245 and 1250.

A spouse or unmarried child under 21 who obtains an immigration benefit through a relationship with a principal applicant rather than by independent qualification.

U.S. citizenship acquired automatically by a child under 18 when a parent naturalizes, provided the child is a lawful permanent resident residing in the United States in the parent's custody.

A shareholder action brought on behalf of a corporation to enforce a right belonging to the corporation that its directors have failed to assert, governed by Rule 23.1.

A lawsuit brought by a shareholder on behalf of the corporation to enforce a corporate right, with any recovery going to the corporation rather than the plaintiff shareholder.

A protection barring use of evidence derived directly or indirectly from compelled testimony, required by Kastigar to satisfy the Fifth Amendment.

A work based upon one or more preexisting works, such as a translation, adaptation, or sequel, in which the underlying work is recast, transformed, or adapted.

The partial repeal or taking away of the effectiveness of a law, usually by a subsequent act.

A mark that directly describes a characteristic or quality of the goods, protectable only upon a showing of secondary meaning (acquired distinctiveness).

The offense under the UCMJ of abandoning military service without authorization and with the intent to remain away permanently or to avoid hazardous duty.

A patent that protects the ornamental appearance of a functional item, lasting 15 years from the date of grant.

A patent protecting the ornamental design of a functional item for 15 years from issuance, focusing on appearance rather than function.

A group of records maintained by or for a covered entity that is used to make decisions about individuals, including medical records, billing records, and enrollment information.

The unlawful withholding of the property or person of another. An unlawful detainer action is an eviction proceeding.

A system imposing a fixed term of imprisonment, with limited or no discretion for early release through parole.

A change of position by the promisee in reliance on a promise, sufficient under promissory estoppel to render the promise enforceable to avoid injustice.

A court's decision to set child support at an amount different from the presumptive guideline calculation, requiring written findings explaining the reasons.

A gift of real property made through a will. The person receiving the gift is a devisee.

A judge's remark or observation in a court opinion that is not essential to the decision and does not establish binding precedent. Also called obiter dictum.

An extension of time granted by a court for performing an act or filing a document.

The reduction in existing shareholders' ownership percentage caused by the issuance of additional shares.

Harm to a famous mark's distinctiveness or reputation, even without consumer confusion, actionable under the Federal Trademark Dilution Act and state anti-dilution laws.

A doctrine allowing evidence of mental impairment to negate a specific intent element, reducing rather than eliminating criminal liability.

Post-petition financing obtained by a debtor-in-possession with court approval, typically granted superpriority status to incentivize lenders.

An appeal taken from a final judgment of conviction to a higher court for review of alleged trial errors, ordinarily filed within strict time limits.

Evidence that directly proves a fact without requiring an inference, such as eyewitness testimony or a confession.

The initial questioning of a witness by the party who called them to testify.

A ruling by the trial judge during a jury trial that takes the decision away from the jury because no reasonable jury could reach a different conclusion.

A judgment entered by the court at trial in favor of one party, typically the defendant, when the evidence is legally insufficient to support a verdict for the other side.

The revocation of an attorney's license to practice law, typically for ethical violations or criminal conduct.

In bankruptcy, the release of a debtor from personal liability for certain debts, preventing creditors from collecting those debts.

A court order releasing a debtor from personal liability for certain debts, preventing creditors from taking collection action on those debts.

The classification given to a military service member upon separation, including honorable, general under honorable conditions, other than honorable, bad conduct, and dishonorable.

The permanent injunction that arises upon the entry of a discharge order, prohibiting creditors from attempting to collect discharged debts.

The pretrial process by which parties exchange information, documents, and evidence relevant to the case.

The pretrial process under Rules 26-37 by which parties obtain evidence from each other and non-parties through tools such as depositions, interrogatories, and document requests.

Penalties under Rule 37 for failing to comply with discovery obligations, ranging from fee-shifting to evidentiary preclusion to dismissal or default.

Treating a person differently or unfavorably based on a protected characteristic such as race, sex, age, disability, or religion.

An equitable remedy requiring a person who has profited from illegal or wrongful conduct to surrender those profits to the harmed parties or the government.

The act of excluding a person, often a family member, from inheriting under a will or trust.

The termination of a case by a court, either voluntarily by the plaintiff or involuntarily by the court. Can be with or without prejudice.

A form of employment discrimination in which a facially neutral employment practice disproportionately affects members of a protected group without a legitimate business justification.

A form of employment discrimination in which an employer intentionally treats an individual less favorably because of a protected characteristic.

Statutory rights of shareholders who object to certain corporate transactions (such as mergers) to receive cash payment of the fair value of their shares instead of accepting the deal consideration.

The Abercrombie classification of marks from least to most protectable: generic, descriptive, suggestive, arbitrary, and fanciful, determining trademark protection eligibility.

A partner's or LLC member's allocated portion of partnership income, gain, loss, deduction, or credit, which the partner must report on the partner's return regardless of whether cash is distributed.

Federal court jurisdiction over cases between citizens of different states where the amount in controversy exceeds $75,000.

Federal subject matter jurisdiction under 28 USC 1332 over civil actions between citizens of different states (or aliens) where the amount in controversy exceeds $75,000.

A program providing up to 55,000 immigrant visas annually through random selection to nationals of countries with low rates of immigration to the United States.

A distribution of a portion of a company's earnings to its shareholders, typically paid in cash or additional shares.

The legal dissolution of a marriage by court order, addressing issues of property division, alimony, child custody, and child support.

The Digital Millennium Copyright Act of 1998, which implements WIPO treaties and provides anti-circumvention rules and online service provider safe harbors for copyright liability.

A response by a user whose content was removed under a DMCA takedown, asserting good-faith belief that the removal was a mistake or misidentification and consenting to jurisdiction.

A notice and takedown procedure under the Digital Millennium Copyright Act requiring online service providers to remove infringing content upon receiving a valid complaint.

A notice sent by a copyright owner to an online service provider under 17 U.S.C. Section 512 demanding removal of allegedly infringing user-posted material, which the provider must remove expeditiously to maintain safe harbor.

A list of cases pending before a court, or the official record of proceedings in a case.

A statutory or common-law privilege protecting confidential communications between a patient and physician made for purposes of diagnosis or treatment.

A legal doctrine allowing a court to find patent infringement even when the accused product does not literally fall within the patent claims, if it performs substantially the same function.

A judicial doctrine permitting a finding of patent infringement even when the accused device does not literally meet every claim element, if it contains equivalents that perform substantially the same function in substantially the same way to achieve substantially the same result.

A 2010 federal law enacting sweeping financial regulatory reforms, including the creation of the Consumer Financial Protection Bureau and enhanced oversight of derivatives.

A person's permanent legal residence, which may differ from where they currently live.

A traditional category of intended beneficiary whom the promisee intends to benefit by way of gift, such as a life insurance beneficiary.

The constitutional protection against being tried twice for the same offense after an acquittal or conviction. Guaranteed by the Fifth Amendment.

The Fifth Amendment protection against being tried or punished twice for the same offense by the same sovereign.

The tax treatment of C corporations under which corporate profits are taxed once at the entity level and again at the shareholder level when distributed as dividends.

A contractual right allowing majority shareholders to compel minority shareholders to join in a sale of the company on the same terms, ensuring the buyer can acquire 100%.

The federal agency responsible for enforcing controlled substances laws and regulations, classifying drugs into schedules based on their potential for abuse.

A doctrine allowing certain visa holders, notably H-1B and L-1 nonimmigrants, to pursue lawful permanent residence without violating the terms of their temporary status.

The principle that separate sovereigns, such as federal and state governments, may each prosecute a defendant for the same conduct without violating double jeopardy.

The thorough investigation and analysis of a business, property, or legal matter before entering into a transaction or agreement.

The constitutional guarantee that the government must follow fair procedures before depriving any person of life, liberty, or property. Found in the Fifth and Fourteenth Amendments.

Support awarded for a set period of time that may not exceed the length of the marriage, used in states such as Florida as an alternative to permanent alimony.

Coercion or threats that compel a person to act against their will. A contract entered into under duress may be voidable.

Improper coercion that overcomes a party's free will and induces assent to a contract, rendering it voidable.

An excuse defense available when the defendant committed the offense under threat of imminent serious bodily harm or death from another person.

An insanity test, now largely abandoned, that excused criminal conduct if it was the product of mental disease or defect.

The competency standard from Dusky v. United States requiring sufficient present ability to consult with counsel and rational and factual understanding of the proceedings.

The legal obligation to act with a certain standard of care toward others to avoid causing harm. Central to negligence law.

A director's or officer's duty to exercise the care that an ordinarily prudent person would in a like position, including being informed and acting deliberately.

A fiduciary's duty to act in good faith for the benefit of the entity, without conflicts of interest or self-dealing, including the obligation not to usurp corporate opportunities.

A hearsay exception under FRE 804(b)(2) for statements made by a declarant who believed death was imminent, concerning the cause or circumstances.