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.

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 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 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 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.

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 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.

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

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

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.

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.

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.

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.

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

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

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

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 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.