Glossary

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Damages - Money awarded by a court to a person injured by the unlawful actor negligence of another person.

Debtor - One who owes a debt to another; a person filing for relief under the Bankruptcy Code.

Decision - The opinion of the court in concluding a case at law.

Declaratory judgment - A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights.

Decree - An order of the court. A final decree is one that fully and finally disposes of the litigation. (See interlocutory.)

Defamation - That which tends to injure a person's reputation. (See libel and slander.)

Default - Failure of the defendant to appear and answer the summons and complaint.

Default judgment - A judgment entered against a party who fails to appear in court or respond to the charges.

Defendant - The person defending or denying a suit.

Defense of property - Affirmative defense in criminal law or tort law where force was used to protect one's property.

Deficient - Incomplete; defective; not sufficient in quantity or force.

Defunct - A corporation no longer operative; having ceased to exist.

Demurrer - A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.

Dependent - One who derives existence and support from another.

Deposition - Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.

Digest - An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usually in alphabetical arrangement.

Direct evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Direct examination - The first questioning of witnesses by the party on whose behalf they are called.

Directed verdict - In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.

Disbarment - Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. (See censure or suspension.)

Discharge - The name given to the bankruptcy court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility.

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