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D.A.
District
Attorney. Every county has an elected or appointed Prosecutor
or District Attorney who manages the criminal filings and
prosecutions for that county. Many states refer to the attorneys
that work under the DA as deputies.
D.U.I.
Driving
under the influence. Most states make it illegal to drive
while you are impaired by alcohol or drugs.
D.W.I.
Driving
while intoxicated. Most states make it illegal to drive while
you are impaired by alcohol or drugs.
damages
Losses
for which the law allows compensation.
dangerous
weapon
Any
weapon which has the actual potential of causing great bodily
harm to another.
death
penalty
The
judicial decree ordering the execution of a convicted defendant.
All death penalty cases are automatically reviewed by the
highest court in the state.
death
row
The
term used for where prisoners are incarcerated awaiting their
execution.
debt
A
money obligation owed to another.
debtor
Someone
who owes money to another.
decision
A
judicial decree or decision based on a legal and factual analysis
of a case that was reviewed or litigated.
deduction
A
portion of an employee's paycheck that is "withheld" or "held
back" by an employer. "Normal" deductions include payments
for federal and state taxes, health insurance premiums, and
union dues.
deed
A document
that transfers ownership of property from one person to another.
deed of
trust
A document
that a lender (often a bank) receives from someone who owns
property. If the owner fails to make payments on the loan,
the deed of trust gives the lender the right to sell the property
to get the loan repaid. Similar to a mortgage.
defamation
When
someone lies about you to another person. Spoken lies are
called "slander" and written or printed lies are called "libel".
default
Failure
to fulfill a contractual obligation, such as timely repayment
of a debt.
default
judgment
A
judgment obtained by a person who files a lawsuit against
a person who fails to file papers defending the lawsuit.
defective
product
Generally
indicating a product whose performance does not meet consumer
standards, or is dangerous in some aspect.
defendant
A
party who is sued or, criminally charged.
defense
The
legal representation by an attorney on behalf of a client
who has been charged with a crime or, a lawsuit against whom
it was filed. A criminal defense includes the sum total of
all actions taken on behalf of the accused by a criminal defense
attorney.
deficiency
judgment
A
court judgment entitling the creditor to collect the balance
of the secured debt remaining after sale of the collateral.
defined
benefit plan
A
pension plan in which the benefit to the retiree is some portion
of the salary paid during the employment. For example, a plan
that provides 50% of the average of the three highest earning
years is a defined benefit plan. Compare "Defined Contribution
Plan."
defined
contribution plan
A
pension plan in which the employee and employer contribute
to a plan in prescribed amounts, but whose benefits to the
retiree will depend upon how much the plan earns. For example,
a plan in which the employee and employer each contribute
5% of the employee's wages, but which has no obligation to
provide any specific amount on retirement, is a Defined Contribution
Plan. Compare "Defined Benefit Plan."
demonstrative
evidence
Evidence
which demonstrates a quality or truth about a relevant part
of the case. Examples of demonstrative evidence are: models,
diagrams, photos and maps. This form of evidence is meant
to clarify the facts that are otherwise considered hard to
explain verbally. Such evidence assists the fact finders in
their determination of the weight of the evidence.
demurrer
A
formal, legal challenge to a complaint stating that the complaint
does not allege facts that would give rise to a cause of action.
A demurrer asks for the complaint to be dismissed.
denaturalization
The procedure for taking away a person's citizenship, where
it was obtained through naturalization.
department
of Labor
The
federal agency that enforces the Fair Labor Standards Act.
The DOL investigates claims filed by employees for unpaid
minimum wage and overtime pay.
deportability
Having a potential of being found to be ineligible to remain
in the U.S.
deportation
The process of ejecting someone from the U.S.
deposition
After
a lawsuit is filed, the lawyer for either party may require
the other party or independent witnesses to come to the lawyer's
office and submit to a "deposition". The lawyer will ask the
"deponent" questions about the case, which the deponent must
answer. A court reporter will be present and write down all
questions and answers. At trial, the lawyer might introduce
the questions and answers into evidence, perhaps to show that
a witness has changed his story from the story he told at
the deposition.
deuce
A
drunk driving charge. The term is slang usually used by law
enforcement and attorneys.
diminished
capacity
A
mitigating defense used to establish the absence of malice
by the defendant when he or she committed the violent act.
It is not considered a form of insanity but rather a suspended
mental state where passion and emotional stress dominated
the defendants actions and thoughts such that he or she could
not act rationally or be aware of the reasonable consequences
of his or her actions. Many states no longer permit this defense.
direct
evidence
Evidence
which is directly perceived in fact without the need of having
to infer anything from its presence.
direct
examination
Questions
asked of one's own witness. The questions cannot be leading.
dischargeable
in bankruptcy
Debts that a debtor will not be required to pay at the conclusion
of a bankruptcy proceeding are "dischargeable." Spousal and
child support obligations are not dischargeable in bankruptcy.
disability
benefits
Compensation
from the government for an injury or medical condition that
impairs a person's ability to work. These benefits are exempt
property in bankruptcy.
disability
discrimination
Disability
discrimination occurs when an employer treats an employee
differently because the employee has a disability, has a history
of a disability, or is perceived by the employer as disabled.
discharge
The
legal release of the obligation to pay a debt. In bankruptcy,
a debtor receives a discharge and is therefore freed of the
obligation to repay most debts.
discharge
hearing
A
court hearing held several months after the bankruptcy filing,
at which the bankruptcy judge grants the formal forgiveness
of debts.
dischargeable
debt
A
debt that a debtor will no longer be required to pay, because
of a bankruptcy filing.
depreciation
Physical
things - including buildings - deteriorate over time. This
loss in value is called "depreciation." A landlord
is allowed to consider this loss a cost of doing business
and deduct a certain portion of this loss from his income
every year. This will reduce his taxable income. And this
will reduce the amount of federal and state income taxes he
pays.
discovery
After
a lawsuit is filed, each party is allowed to obtain information
in the possession of the opposing party. This process is called
"discovery". Discovery devices include the deposition, requests
for admission, written interrogatories, and a request for
production of documents.
discrimination
"Discrimination"
occurs when an employer treats some workers differently from
other workers. Discriminatory acts include making employees
work under unequal working conditions (such as lower pay or
benefits), failing to promote the employees, or firing the
employees. Not all "discrimination" is illegal discrimination.
Discrimination is illegal if it occurs because the employee
is in a certain "protected" class of people, such as a racial
or religious minority.
disposable
income
Income
remaining after payment of non-discretionary items (such as
taxes).
dispossess
lawsuit
A special
lawsuit filed by a landlord to evict the tenant. This lawsuit
is designed to give the landlord a speedy remedy. In some
states, it is called an "unlawful detainer" suit.
disorderly
conduct
Specific
actions that disturb the quiet enjoyment of others. A typical
example of such conduct is being drunk in public and causing
a disturbance. Most states consider this the same as disturbing
the peace.
District
Attorney (DA)
District
Attorney. Every county has an elected or appointed Prosecutor
or District Attorney who manages the criminal filings and
prosecutions for that county. Many states refer to the attorneys
that work under DA as deputies.
district
court
The
federal trial court where federal crimes are tried. District
courts are exclusively for federal jurisdiction matters.
diversion
In
many jurisdictions the court will offer diversion rather then
custody. Diversion is a program for first-time criminal defendants
of minor crimes allowing them to attend classes and/or perform
community service rather then face incarceration and a permanent
criminal record.
divisible
divorce
A
procedure by which a judge may grant a divorce and, at a later
time, determine the property and support rights of the parties.
This procedure is used if one or both of the spouses wants
to remarry, but they have not yet resolved their economic
or child support issues.
divorce
The
legal procedure by which a marriage is terminated. Divorce
is sometimes referred to as "dissolution."
DNA
The
initials for deoxyribonucleic acid, the molecular code of
human life. As with fingerprints, each person possesses a
unique chromosomal identity based on hereditary characteristics.
DNA can be found in each living cell including blood, sperm,
skin and hair follicles. DNA testing can result in absolute
proof as to the existence of a physical presence at a crime
scene. DNA testing is very expensive.
domestic
partnership
A
status created by some state or local governments that gives
unmarried couples who comply with the necessary requirements
some of the same benefits available to married couples - such
as insurance coverage, visitation rights in hospitals or jails,
and bereavement leave if a partner dies.
document
production
A
type of discovery, during the litigation process, where one
party requests documents from the other party.
domestic
violence
The
physical beating of a spouse or child. Prosecutors often face
the dilemma that a battered woman will not testify against
the spouse out of fear or intimidation. Domestic violence
is very common in inner cities.
domicile
The
state in which one maintains a permanent home to which he
or she intends to return (even though residing in another
state). A Californian who is temporarily working for the federal
government in Washington, D.C. may intend to return to California
when his job ends. He resides in Washington, D.C., but his
domicile is California.
dower
The
right of a widow to a certain percentage of her deceased spouse's
property - regardless of the spouse's attempt to will the
property to others.
drug
test
A
test to see if an employee is "under the influence" of illegal
narcotics while on the job. The employer usually requires
the employee to provide a urine sample, which is sent to a
laboratory that tests the sample and reports back to the employer
regarding what drugs were found in the urine.
dual citizenship
Having citizenship in more than one country.
duress
Severe
pressure, force, or threats that cause a person to act against
his own interest. An extreme example would be a threat against
a person's life if that person does not sign a property settlement
agreement. Agreements signed under duress are usually voidable
by the party who was subject to duress.
duty
of fair representation
A
union's legal obligation to treat the members of its bargaining
unit fairly. The duty of fair representation ("DFR") specifically
requires that the union not treat the workers arbitrarily,
discriminatorily, or in bad faith.
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