Glossary

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Term Definition
D-6

A court report to the Department of Highway Safety & Motor Vehicles of a person's failure to appear in court, leading to suspension of the driver license.

Damages

Money awarded by a court to a person injured by the unlawful act or negligence of another person.

De novo

A trial de novo is a new trial of a case.

Decision

The judgment reached or given by a court of law.

Declaratory judgment

A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.

Decree

An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

DEED
A deed is the written document which transfers title (ownership) or an interest in real property to another person. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed by the grantor, who must then acknowledge before a notary public that he/she/it executed the deed. To complete the transfer (conveyance) the deed must be recorded in the office of the County Recorder or Recorder of Deeds. There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title. This is not to be confused with a deed of trust, which is a form of mortgage.
Defamation

That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.

Default

A failure to respond to a lawsuit within the specified time.

Default judgment

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

Defendant

In a civil case, the person being sued. In a criminal case, the person accused of the crime.

Deferred payment

The court's granting additional time to pay a fine.

Demand for discovery

Demand by the defense attorney to the State Attorney to furnish material information on a case.

Demanding state

The state seeking return of a fugitive.

Demurrer

A legal attack on a document as to sufficiency.

Deposition

An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery, to be used later in trial. Testimony of a witness other than in open court.

Descent and Distribution Statutes

State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws.

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

Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.