A definition is a statement describing something's meaning or fundamental character. Definitions are critical to the operation of the rule of law. Often a legal dispute centers on the meaning of a particular word in a statute, contract, or...
legal theory
deliberate
The word “deliberate” may be used either as an adjective or a verb. If used as an adjective, it refers to intentional or predetermined action or omission.
For example, a natural person who deliberately commits a crime....
dicta
Dicta is short for the Latin phrase obiter dictum, meaning "something said in passing."
Dicta in law refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case,...
dictum
Dictum is an abbreviation of the Latin phrase "obiter dictum." As a legal term, a dictum is any statement or opinion made by a judge that is not required as part of the legal reasoning to make a judgment in a case. Although dictum may be...
discretion
Discretion is the power of a judge, public official or private party to act according to the dictates of their own judgment and conscience within general legal principles. In criminal and tort law, discretion is the ability to judge between...
disgorgement
Disgorgement is a remedy requiring a party who profits from illegal or wrongful acts to give up any profits they made as a result of that illegal or wrongful conduct. The purpose of this remedy is to prevent unjust enrichment and make illegal...
disincentive
A disincentive is a something that persuades parties not to engage in certain conduct. Laws often create intentional and unintentional disincentives through criminal penalties, civil liability, and tax provisions.
For...
disincentivize
To disincentivize refers to the act of creating a disincentive or withdrawing a previously existing incentive. Law making bodies disincentivize certain conduct to discourage parties from partaking in that conduct.
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disjunctive allegations
Disjunctive allegations are claims in a pleading that are joined by the disjunction “or,” rather than the conjunction “and.” In criminal law, is it common for prosecutors to make allegations in the conjunctive, even when a statute lists the...
dismiss
Dismiss refers to the court’s decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant’s motion to dismiss or do so sua sponte (voluntarily). According to the...