damages
- Pecuniary
(money) compensation which may be recovered by a party for personal injury,
or loss or damage to one's property or rights as a result of another party's
unlawful act or negligence.
decree - A decision or
order of the court. A final decree is one which fully and finally disposes
of the litigation. An interlocutory decree is a preliminary decree which
is not final.
declaratory judgment - One which declares the rights of the parties
or expresses the opinion of the courts on a question of law, without ordering
anything to be done.
defamation - The making of false, derogatory statements about a person's
character, morals, abilities, business practices or financial status (Includes
libel, which is written, and slander, which is spoken).
default - Occurs when a defendant fails to respond to the plaintiff's
complaint within the time allowed, or fails to appear at the trail. The
court may then enter a default judgment.
defendant - The accused in a criminal case; the person
from whom money or other recover is sought in a civil case.
deliberation - The jury's decision-making process
after hearing the evidence and closing arguments and being given the court's
instructions.
delinquency - The commission of an illegal act by a juvenile.
dependent child - A child who is homeless or without
proper care through no fault of the parent, guardian, or custodian.
deposition - The taking of testimony of a witness under oath outside
of court, usually transcribed in writing by a court reporter, or less frequently,
recorded on video tape.
deprivation of custody - In juvenile court, a judicial hearing, usually
held after the filing of a petition, to determine interim custody of a minor
pending a judgment.
direct evidence - Evidence that tends directly to prove or disprove
a disputed fact, as distinguished from circumstantial evidence from which
an inference can be drawn. See circumstantial evidence.
direct examination - The first questioning of a witness by the attorney
for the party on whose behalf the witness is called. Usually proceeds with
open ended, non leading questions.
directed verdict - In civil cases in which there is insufficient
basis for any other conclusion, the judge may direct the jury to render
a specific verdict. Criminal defendants may also ask the court to rule in
their favor rather than submitting the case to the jury.
discovery - The process through which parties to an action
are allowed to obtain relevant information known to other parties or nonparties
before trial.
dismissal without prejudice - A dismissal which permits the plaintiff
to sue again on the same cause of action or the state to proceed again.
Dismissal with prejudice bars the right to subsequently bring an action
on the same cause.
disposition - The order of a juvenile court determining what is to
be done with a minor already adjudged to be within the court's jurisdiction.
In criminal cases, the settlement of a case.
dissent - A term commonly issued to denote the disagreement of one
or more judges of a court of appeals with the decision of the majority.
diversion - A procedure used in some criminal prosecutions against
persons who are arrested and have no previous criminal background. Diversion
creates a written contract between the prosecutor and accused in that if
the accused completes the requirements in the contract. at a time in the
future, the prosecutor will dismiss all charges.
docket - A brief entry or the book containing such entries of any
proceeding in court.
domicile - That place where a person has his true and permanent home.
A person may have several residences, but only one domicile.
double jeopardy - Common law and constitutional prohibition (5th
Amendment) against more than one prosecution for the same crime.
due process - The guarantee of due process requires that no person
be deprived of life, liberty, or property without a fair and adequate process.
In criminal proceedings this guarantee includes the fundamental aspects
of a fair trial, including the right to adequate notice in advance of the
trial, the right to counsel, the right to confront and cross-examine witnesses,
the right to refuse self-incriminating testimony, and the right to have
all elements of the crime proven beyond a reasonable doubt.