Legal Terms: D

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

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.

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

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

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).

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

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.

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

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.

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.

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

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

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

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 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 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.

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

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.

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.

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.

Federal court jurisdiction over cases between citizens of different states 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.

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

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 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.

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

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

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.

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

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