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damage- Loss or injury to person or property <actionable damage resulting from negligence>.

damage feasant (dam-ij fez-ant or-fee-zant), n. [fr. French faisant dommage]. Doing damage. This phrase usu. refers to injury to a person's land caused by another person's animals trespassing on the property and eating the crops or treading the grass. By law, the owner of the damaged property could distrain and impound the animals until compensated by the animals' owner. But the impounder had to feed the animals and could not sell or harm them. The term was introduced during the reign of Edward III. Also spelled damage faisant. Also termed damnum facientes.

damage rule See LEGAL-INJURY RULE.

damage-cleer (dam-ij kIeer), [fr. Latin damna clericorum "clerk's compensation"]. A set fee payable by a plaintiff to the Court of the Common Pleas, King's Bench, or Exchequer before execution on an award of damages. The fee -later abolished by statute was originally a gratuity to the court clerks for preparing special pleadings. - Also spelled damage cleere. Also termed damna clericorum. "Damage cleere, damna clericorum, was assessed by the tenth part in the common pleas, and by the twentieth part in the king's bench and exchequer, of all damages, exceeding five marks, recovered either by verdict, confession, or judgment of the court, in all actions upon the case, covenant. trespass, battery, false imprisonment, dower, and all others, wherein the damages were uncertain. which the plaintiff was obliged to pay to the prothonotary, or chief officer of that court, wherein they were recovered before he could have execution for them. But this is taken away by 17 Car. 2, c. 6." Termes de fa Ley 141 (lst Am. ed. 1812).

damages n. pI. Money claimed by, or ordered to be paid to, a person as compensation for loss or injury <the plaintiff seeks $8,000 in damages from the defendant>. damage, adj. "Damages are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong." Frank Gahan, The Law of Damages 1 (1936).

damages clause See SURFACE-DAMAGE CLAlJSE.

damages for detention See noncontract demurrage under DEMURRAGE.

damages for lost expectations- See expectation damages.

damages ultra (al-tra). Additional damages claimed by a plaintiff who is not satisfied with the amounts the defendant paid into court.

damages, mitigation of See MITIGATION-OF-DAMAGES DOCTRINE.

dame 1. The legal title of the wife of a knight or baronet. 2. The female equivalent of a knight. 3. A form of address to a woman ofhigh rank. 4. A matron. 5. Slang. A woman. Also termed (in senses 1 & 2) domina.

damna (dam-na), n. [fr. Latin damnum "damage; loss"]. 1. Damages, exclusive ofcosts. 2. Damages, inclusive of costs. 3. The abbreviation of damna clericorum, the Latin equivalent to damage-deer, being a portion of damages constituting the clerk's fee. See DAMAGECLEER.

damna clericorum (dam-na kler-a-kor-am), n. See DAMAGE-CLEER.

damnatus (dam-nay-tas), n. [fr. Latin damnare "to condemn"]. 1. Roman law. A person condemned, esp. in a capital case. 2. Hist. Something prohibited by law; something that is unlawful, as in damnatus coitus ("unlawful sexual connection").

damn-fool doctrine The principle that an insurer may deny (esp. liability) coverage when an insured engages in behavior that is so ill-conceived that the insurer should not be compelled to bear the loss resulting from the insured's actions. Also termed damned fool doctrine. "The 'damn foolish acts' concept is not a perfect predictor of judicial decisions, both because of its own imprecision and because other considerations, such as a desire to assure an innocent third party a source of indemnification, may influence a court. However, especially when ... the insured who acted foolishly has suffiCient resources to provide compensation to the injured persons, analysis of a coverage issue on the basis of a 'damn fool' doctrine is frequently a very effective approach both to predicting and to understanding outcomes." Robert E. Keeton & Alan I. Widiss, Insurance Law: A Guide to Fundamental Principles, Legal Doctrines, and Commercial Practices § 5.4, at 541 (1988).

damni injuria actio (dam-ni in-joor-ee-ee ak-shee-oh). [Latin "an action for wrongful damage"]. See actio damni injuria under ACTIO.

damnification Something that causes damage <damnification in the form of a penalty>.

damnify To cause loss or damage to; to injure <the surety was damnified by the judgment obtained against it>.

damno vitando 1. See CERTANS DE DAMNO VITANDO. 2. See IN DAMNO VITANDO.

damnosa aut lucrosa (dam-noh-sa awt loo-kroh-sa). [Latin]. Disadvantageous or advantageous. The heir to a succession had to determine whether it was hurtful or advantageous to him to take up the estate before actually doing so. See ANNUS DELIBERANDI.

damnosa hereditas (dam-noh-sa ha-red-i-tas), n. [Latin "an injurious inheritance"] 1. Roman & civil law. An inheritance more onerous than beneficial, esp. because it is burdened with debt. 2. English law. A bankrupt debtor's property that creditors will disclaim under the bankruptcy laws because debt on the property will exceed revenues. 3. Generally, anything that is acquired but turns out to be disadvantageous. Also spelled damnosa haereditas.

damnous (dam-nas), adj. Causing loss or damage.

damnum (dam-nam), n. [Latin]. A loss; damage suffered. See AD DAMNUM. PI. damna.

damnum emergens (dam-nam i-mar-jenz). [Latin "damage arising"]. An actual realized loss (such as a decline in the value of property) as opposed to an expected future loss (such as loss of profit); consequential loss. "These kinds of damage are distinguished by the commen· tators as damnum emergens and lucrum cessans, which may be rendered 'positive damage' and 'loss of profit.' The first may be immediate (e.g., my slave is killed or has lost an eye), or consequential (I have lost his services - I have incurred medical expenses he was one of a troupe of singers and the whole troupe is less valuable in conse· of his death or injury). Where there is no pecuniary loss there is no action. An action does not lie ... for striking a slave if his value to me has not been depreciated by the blow nor for trespass to land unattended by damage." RW. Lee, The Elements of Roman Law 394 (4th ed. 1956).

damnum infectum (darn-nam in-fek-tam). [Latin "damage not done"]. Roman law. Loss not yet suffered but threatened or apprehended, as when a neighbor's building is likely to collapse onto one's property.

damnum absque injuria (dam-nam ab-skwee in-joor-ee-a). See DAMNUM SINE INJURIA.

damnum etinteresse (dam-nam et in-tar-es-ee). [Latin]. Scots law. The loss and damage sustained. "Damnum et interesse. The loss and interest; or, as the words may also be translated, damage, and its issues or consequences. The words are used by Erskine in treating of the liability of cautioners who become bound to see a specific act performed. Failing performance, the cautioners are liable to the creditors for the damnum et interesse that is, the actual and consequential damage suffered through non-performance on the part of the debtor." John Trayner, Trayner's Latin Maxims 134 (4th ed. 1894).

damnum facientes (darn-nam fay-shee-en-teez), n. See DAMAGE FEASANT.

damnum fatale (dam-nam fa-tay-lee). [Latin "unavoidable damage"]. Roman law. Damage caused by an unavoidable circumstance, such as a storm or a shipwreck, for which bailees or others will not be held liable. But an exception was made for damages resulting from theft. "The liability of innkeepers, carriers, and stable keepers, at Roman law, was provided for in the praetor's edict. They were under an obligation to restore all goods which the guests or passengers had with them, or left in their charge, and they could not defend themselves by showing the utmost degree of diligence. Unavoidable accident, which no human prudence would avert or provide against, damnum fatale, or overwhelming force, vis maior, were, however, an adequate defense. .. It was particularly noted that theft by a third person would not be permitted as a defense and the reason assigned was the fact that travelers have scarcely any chance to protect themselves against collusion between the innkeeper and the thief." Max Radin, Handbook of Roman Law 254 (1927).

damnum injuria datum (dam-nam in-joor-ee-a day-tarn). [Latin "damage causing injury"]. Roman law. Willful or negligent damage to corporeal property; damage for which compensation was given under the Aquilian law, In this phrase, the word damnum refers to economic loss, not the physical damage(if any). See actio legis Aquiliae under ACTIO.

damnum sine injuria (dam-nam si-nee in-joor-ee-a or sin-ay). [Latin "damage without wrongful act"]. Loss or harm that is incurred from something other than a wrongful act and occasions no legal remedy. An example is a loss from fair trade competition. Also termed damnum absque injuria; absque injuria damnum; absque injuria. Cf. INJURIA ABSQUE DAMNO. "There are cases in which the law will suffer a man knowingly and wilfully to inflict harm upon another, and will not hold him accountable for it. Harm of this description mischief that is not wrongful because it does not fulfil even the material conditions of responsibility is called damnum sine injuria, the term injuria being here used in its true sense of an act contrary to law (in jus), not in its modern and corrupt sense of harm." John Salmond, Jurisprudence 372-73 (Glanville L Williams ed., 10th ed. 1947). 'There are many forms of harm of which the law takes no account. Damage so done and suffered is called damnum sine injuria, and the reasons for its permission by the law are various and not capable of exhaustive statement. For example, the harm done may be caused by some person who is merely exercising his own rights; as in the case of the loss inflicted on individual traders by competition in trade, or where the damage is done by a man acting under necessity to prevent a greater evil." R.F.V. Heuston, Salmond on the Law of Torts 13 (17th ed. 1977).

dan (dan), n. [fr. Latin dominus]. Archaic. In England, an honorable title for a man; the English equivalent to the Spanish Don . The term was replaced by the terms Master, Mister, and Sir.

danelaw (dayn-law). 1. A system of rules, introduced by the Danes during their invasions of England primarily in the ninth century and maintained principally in the midland and eastern counties where the invasions occurred. Danelaw was the prevailing law in these regions from the reign of King Edgar to Edward the Confessor, who compiled a uniform law that included some Danelaw components. 2. The counties in England where the Danish law was enforced primarily in the ninth and tenth centuries Also termed danelage; lex Danorum; denelage. "The Danish invasions of the ninth century subjected the eastern parts of the island to new Scandinavian influences. Where the Danes conquered, their 'Danelaw' prevailed. The very word 'law' is believed to have been given to the English language by the Danes." JH. Baker, An Introduction to English Legal History 3 (3d ed. 1990).

danger 1. Peril; exposure to harm, loss, pain, or other negative result. 2. A cause of peril; a menace.

danger of navigation See PERIL OF THE SEA.

danger of river See PERIL OF THE SEA.

danger of the sea See PERIL OF THE SEA.

danger-creation doctrine The theory that if a state's affirmative conduct places a person in jeopardy, then the state may be liable for the harm inflicted on that person by a third party. This is an exception to the principle that the state is not liable for an injury that a third party inflicts on a member of the public. Also termed danger-creation exception. Cf. SPECIAL-RELATIONSHIP DOCTRINE.

dangeria Payment by forest tenants to the lord so that they can plow and sow in the same season as pannage. See PANNAGE.

danger-invites-rescue doctrine See RESCUE DOCTRINE.

dangerous 1. (Of a condition, situation, etc.) perilous; hazardous; unsafe <a dangerous intersection>. 2. (Of a person, an object, etc.) likely to cause serious bodily harm <a dangerous weapon> <a dangerous criminal>.

dangerous condition 1. A property defect creating a substantial risk of injury when the property is used in a reasonably foreseeable manner. A dangerous condition may result in waiver of sovereign immunity. 2. A property risk that children, because of their immaturity, cannot appreciate or avoid. Cf. attractive nuisance under NUISANCE.

dangerous animal An animal that has harmed or has threatened to harm a person or another animal.

dangerous animal- See ANIMAL.

dangerous condition See CONDITION (5).

dangerous conduct See unreasonably dangerous conduct under CONDUCT.

dangerous criminal A criminal who has either committed a violent crime or used force in trying to escape from custody.

dangerous criminal- See CRIMINAL.

dangerous drug See DRUG.

dangerous drug- A drug that has potential for abuse or injury, usu. requiring a label warning that it cannot be dispensed without a prescription.

dangerous exposure See EXPOSURE.

dangerous exposure- Exposure that is reasonably foreseeable in the ordinary chances, mistakes, or hazards of navigation.

dangerous instrumentality An instrument, substance, or condition so inherently dangerous that it may cause serious bodily injury or death without human use or interference. It may serve as the basis for strict liability. See ATTRACTIVE-NUISANCE DOCTRINE. Cf. deadly weapon under WEAPON.

dangerous lunatic See LUNATIC.

dangerous occupation See OCClJPATION.

dangerous occupation An occupation that involves an appreciable risk of death or serious bodily injury. 2. The possession, control, or use of real property; OCCUPANCY. 3. The seizure and control of a territory by military force; the condition of territory that has been placed under the authority of a hostile army. 4. The period during which territory seized by military force is held.

dangerous situation Under the last-clear-chance doctrine, the circumstance in which a plaintiff operating a motor vehicle has reached a position (as on the path of an oncoming train) that cannot be escaped by the exercise ofordinary care. Also termed situation of danger. See LAST-CLEAR-CHANCE DOCTRINE.

dangerous weapon See WEAPON.

dangerous-propensity test See DANGEROUS-TENDENCY TEST.

dangerous-proximity test Criminal law. A common-law test for the crime of attempt, focusing on whether the defendant is dangerously close to completing the offense. Factors include the gravity of the potential crime, the apprehension of the victim, and the uncertainty of the crime's occurrence. See ATTEMPT (2).

dangerous-tendency test A propensity of a person or animal to inflict injury. The test is used, esp. in dog-bite cases, to determine whether an owner will be held liable for injuries caused by the owner's animal. Also termed dangerous-propensity test.

danger-utility test See RISK-UTILITY TEST.

danism (dan-iz-am), n. [fr. Greek daneismos "a loan"]. The lending of money on usury.

darden hearing Criminal procedure. An ex parte proceeding to determine whether disclosure of an informant's identity is pertinent to establishing probable cause when there is otherwise insufficient evidence to establish probable cause apart from the arresting officer's testimony about an informant's communications. The defense attorney may be excluded from the hearing but can usu. submit questions to be used by the judge in the examination. People v. Darden, 313 N.E.2d 49 (N.Y. 1974).

dare (dair-ee), vb. [Latin "to give"]. Roman law. 1. To give; to transfer (something, esp. property). The transfer can be made to discharge a debt, to create an obligation, or to make a gift. 2. To appOint a representative.

dare ad remanentiam (dair-ee ad rem-a-nen-shee-am), vb. [Latin "to give in fee or forever"]. To transfer (esp. a remainder) in fee or forever.

DARPA abbr. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY.

darraign (da-rayn), vb. [fr. Latin derationare; fro French disrener]. 1. To displace; to disarrange. 2. To respond to an accusation; to settle a dispute. Also spelled deraign; dereyne.

darrein (dar-ayn), adj. [fr. French dernier "the last"]1be last, as in darrein presentment ("the last presentment"). See DARREIN CONTINUANCE; assize ofdarrein presentment under ASSIZE (8).

darrein continuance (dar-ayn kan-tin-yoo-ants), n. [fr. French dernier continuance "the last continuance"). Every plea of a new matter after the last entry of a plea on the record. Every entry of a pleading after the first pleading on the record was called a continuance. Also spelled dareyne continuance.

darrein presentment (dar-ayn pri-zent-mant), n. See ASSIZE OF DARREIN PRESENTMENT.

darrein seisin (dar-ayn see-zin), n. [French "last seisin"]. A tenant's plea in a writ of right. See SEISIN.

data protection Any method of securing information, esp. information stored on a computer, from being either physically lost or seen by an unauthorized person.

database A compilation of information arranged in a systematic way and offering a means of finding specific elements it contains, often today by electronic means. Unless the intormation itself is original, a database is not protected by U.S. copyright law. Elsewhere, it may be protected as a distinct class of "literary works," or it may be the subject of sui generis intellectual-property laws. See SWEAT-OF-THE-BROW DOCTRINE.

database directive See DIRECTIVE ON THE LEGAL PROTECTION OF DATABASES.

date 1. The day when an event happened or will happen <date of trial>. 2. A period of time in general <at a later date>. 3. An appointment at a specified time <no dates are available>.

date certain A fixed or appointed day; a specified day, esp. a date fixed by an instrument such as a deed. Cf. TIME CERTAIN (1). Also termed (in French law) date certaine (dat sair-tayn).

date of bankruptcy Bankruptcy. The date when a court declares a person to be bankrupt; the date of bankruptcy adjudication. This date may coincide with the voluntary-filing date.

date of cleavage Bankruptcy. The filing date of a voluntary-bankruptcy petition. With a few exceptions, only the debts existing at this time are dischargeable.

date of injury The inception date of an injury; the date of an accident causing an injury.

date of invention Patents. For purposes of a patent application, the date when the creation was reduced to practice. If the invention has not been built, the date of invention is the date when the patent application is filed, since that is a constructive reduction to practice.

date of issue 1. Commercial law. An arbitrary date (for notes, bonds, and other documents in a series) fixed as the beginning of the term for which they run; the date that a stock or bond bears on its face, not the date on which it is actually signed, delivered, or put into circulation. When a bond is delivered to a purchaser, it is considered "issued." But this concept is distinguishable from the "date of issue," which remains fixed, regardless of the date of sale or delivery. 2. Insurance. The date specified in the policy as the "date of issue," not the date on which the policy is executed or delivered, and regardless of other dates that may be specified in the policy or elsewhere, such as the date that the policy is to "take effect."

date of maturity Commercial law. The date when a debt falls due, such as a debt on a promissory note or bond. - Also termed maturity date.

date of record See record date (1).

date of record- See record date under DATE.

date rape Rape committed by a person who is escorting the victim on a social occasion. Loosely, date rape also sometimes refers to what is more accurately called acquaintance rape or relationship rape.

date rape See RAPE.

datio (day-shee-oh), n. [fr. Latin dare "to give"]. Roman law. 1. An act of giving, as in datio in solutum ("giving in payment"). 2. An appointment, as in datio tutoris ("appointment ofa guardian"). PI. dationes (day-shee oh-neez).

datio in solutum (day-shee-oh in sa-l[y]oo-tam). Roman law. The discharging of an obligation by the giving and acceptance of something other than the thing due.

dation (day-shan), n. [fr. Latin dare "to give"]. Civil law. A grant of something the recipient is actually entitled to, such as an office.

dation en paiement (day-shan in pay-mant or da-syon ahn pay-mon), n. [French "a giving in payment"]. Civil law. 1. An exchange of something instead of money to satisfy a debt. See ACCORD AND SATISFACTION. 2. Louisiana law. A contract in which the obligor gives a thing to the obligee, who accepts it in payment of a debt. La. Civ. Code art. 2655. Dation en paiement requires court approval after petition and notice. 3. A method of satisfying a mortgage debt by transferring the mortgaged property when the mortgage exceeds the property's value and the mortgage~holder is willing to accept the property in satisfaction of the debt.

dative (day-tiv), n. [fr. French datif"of giving"]. 1. Roman & civil law. An appointment made by judicial or magisterial authority; esp., something granted that is not provided by law or a will. In Scotland, an executordative is a court-appointed executor. 2. Hist. Something that can be given or retracted at will, such as an appointment to a nonperpetual office. Also spelled datif.

dative curatorship See dative tutorship under TUTORSHIP.

dative tutorship See TUTORSHIP.

datum (day-tam), n. [fr. Latin dare "to give"]. 1. A piece of information. PI. data. 2. Hist. Something given or executed. 3. A date.

datus bonis (day-tas boh-nis). [Latin]. Scots law. (Of a person) appointed to manage an estate.

Daubert hearing See DAUBERT HEARING.

daubert hearing (dah-bart or doh-behr). A hearing conducted by federal district courts, usu. before trial, to determine whether proposed expert testimony meets the federal requirements for relevance and reliability, as clarified by the Supreme Court in Daubert V. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993).

daubert test A method that federal district courts use to determine whether expert testimony is admissible under Federal Rule of Evidence 702, which generally requires that expert testimony consist of Scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue. In its role as "gatekeeper" of the evidence, the trial court must decide whether the proposed expert testimony meets the requirements of relevance and reliability. The court applies the test outside the jury's presence, usu. during a pretrial Daubert hearing. At the hearing, the proponent must show that the expert's underlying reasoning or methodology, and its application to the facts, are scientifically valid. In ruling on admissibility, the court considers a flexible list of factors, including (1) whether the theory can be or has been tested, (2) whether the theory has been subjected to peer review or publication, (3) the theory's known or potential rate of error and whether there are standards that control its operation, and (4) the to which the relevant scientific community has accepted the theory. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). Similar scrutiny must be applied to nonscientific expert testimony. Kumho Tire CO. V. Carmichael, 526 U.S. 137, 119 S.Ct. 1167 (1999). Variations of the Daubert test are applied in the trial courts of most states.

daughter A parent's female child; a female child in a parent-child relationship.