| Damages |
The amount of money which the person suing may be awarded in a lawsuit. In accident or injury cases, damages may include medical and hospital bills, loss of wages, replacement costs and other awards.
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| De Facto |
De facto is Latin for the phrase, "in fact."
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| Decedent |
This refers to a deceased person.
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| Deceit |
This is behavior which is dishonest and/or fraudulent, where the truth is altered to intentionally mislead and deceive another party.
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| Declaratory Judgment |
Judicial adjudication of the rights of the parties in a lawsuit made to clarify the parties' legal positions.
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| Decision/Decree |
This is the determination of a judge or other authorized legal official to resolve a dispute or violation and impart the legal consequences of the discovered facts. It is also called an order or judgement.
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| Defect |
This is an imperfection which, if great enough, can prevent an item from working properly or being usable.
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| Defendant |
Civil law uses this term to describe an individual or organization who defends a lawsuit; a plaintiff seeks to recover damages from a defendant.
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| Deleterious |
This terms means harmful.
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| Deliberation |
The consideration, discussion and decision making process, as by a jury.
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| Demurrer |
A legal document which asserts that a lawsuit's complaint should be dismissed because there is no legal basis for suit, regardless of the truth or falsehood of the alleged facts.
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| Denial |
Denial is the defendant's formal statement that the facts against him in a complaint are not true.
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| Deponent |
This is the person testifying at a deposition.
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| Deposition |
A deposition occurs when witness testimony is taken down and recorded under oath before a court reporter. This is done before trial, in an area other than the courtroom.
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| Dictum |
The term is Latin for "remark." This remark comes from a judge regarding a legal principle related to the ruling at hand.
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| Diligence |
In legal terms, diligence means providing thorough enough attention to a matter that a negligence claim is avoidable.
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| Direct and Proximate Cause |
The immediate reason damage was caused, at that very moment and time, by an act of negligence.
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| Direct Evidence |
Clear, tangible evidence of something, requiring no assumptions or added logic to prove it to be true. It is the opposite of circumstantial evidence, and is often from an eyewitness.
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| Disability |
Legally, this means a condition that prevents someone from performing all of their usual physical or mental functions.
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| Disclaimer |
A written denial of responsibility for a person's claim.
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| Disfigurement |
This term refers to a serious and permanent scar to the head, neck, or face in a workers' compensation case.
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| Dismiss |
A case is dismissed when a judge rules that all or a part of the plaintiff's lawsuit should be thrown out without further evidence or testimony.
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| Disposition |
The court's final determination of a lawsuit.
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| Documentary Evidence |
This is any hard-copy document which is allowable evidence during a trial.
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| Doctrine of Avoidable Consequences / Mitigation of Damages |
Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.
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| Dram Shop Rule |
Thirty-eight states have the Dram Shop Rule which makes a liquor-seller or host liable for anyone injured as a result of serving alcoholic beverages to those who are clearly intoxicated.
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| Driving Under the Influence (DUI) |
Called "drunk driving" or "driving while intoxicated," this term means operating a motor vehicle with a blood alcohol content above the legal limit. The limit varies by state.
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| Due Process of Law |
The principle that all legal matters, especially in the courts, should be fair and ensure no prejudicial treatment.
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