daughter-in-lawThe wife of one's son. |
davis-bacon actA federal law originally enacted in 1931 to regulate the minimum-wage rates payable to employees of federal public-works projects. 40 USCA § 276a. |
day(bef. 12c) 1. Any 24-hour period; the time it takes the earth to revolve once on its axis <we have a day to prepare a mandamus petition>. 2. The period between the and the setting of the sun <day or night>. Also termed natural day. 3. Sunlight <we can see it in the day>. 4. The period when the sun is above the horizon, along with the period in the early morning and late evening when a person's face is discernible. 5. Any specified time period, esp. as distinguished from other periods <the good old days> <a day's work>. - Also termed (in senses 2-4) daytime. Cf. NIGHT. |
day fineSee FINE (5). |
day fine-A fine payable over time, usu. as a percentage of the defendant's earnings on a weekly or monthly basis. |
day in court1. The right and opportunity, in a judicial tribunal, to litigate a claim, seek relief, or defend one's rights. 2. The right to be notified and given an opportunity to appear and to be heard when one's case is called. |
day loanSee LOAN. |
day of demurrageA day beyond the days allowed for loading or unloading cargo. A fine is usu. assessed for each day of delay. See DEMURRAGE. Cf. LAYDAY. |
day of demurrage-See DAY. |
day orderSee ORDER (8). |
day ruleSee DAY WRIT. |
day tradingSee TRADING. |
day writA Queen's Bench writ allowing a prisoner to leave prison to conduct business (such as attending trial at the Court of Assizes), as long as the prisoner returns by 9:00 p.m. Also termed day rule. |
daybookA merchant's original record of daily transactions. |
days in bankParticular days set aside by the Court of Commbn Pleas for specific matters, including the appearance of parties and service of process. - Also termed dies in banco. "There are in each of these terms stated days called days in bank, dies in banco; that is, days of appearance in the court of common pleas. They are generally at the distance of about a week from each other, and regulated by some festival of the church. On some one of these days in bank all original writs must be made returnable ...." 3 William Blackstone, Commentaries on the Laws of England 277 (1768). |
days of grace1. GRACE PERIOD (1). 2. A timed exemption from prize law that is granted to enemy merchant ships when they are caught unawares by the outbreak of war. |
daysman(dayz-man). 1. An arbitrator; an elected judge; an umpire. 2. A day laborer. - Also spelled deiesman. |
daytime1. See DAY (2). 2. See DAY (3). 3. See DAY (4). |
daywork1. Short-term employment that is intended to last only for a day, or for a few days. 2. Hist. In England, a measure ofland being the amount of arable land that can be plowed in a day. - Also termed daywere. |
daywork drilling contractOil & gas. A contract under which the lease operator hires a drilling rig and oilfield workers, pays an amount based on the time spent in drilling operations, and retains the right to direct drilling operations. This type of contract gives the lease operator broad control over the drilling contractor, so courts in turn impose broad liability on the lease operator for any damages that result from the drilling. Cf. FOOTAGE DRILLING CONTRACT; TURNKEY DRILLING CONTRACT. |
DBOabbr. Death benefit only. See survivor's income benefit plan under EMPLOYEE BENEFIT PLAN. |
DCAAabbr. DEFENSE CONTRACT AUDIT AGENCY. |
DCFSee discounted cash flow under CASH FLOW. |
DCMAabbr. DEFENSE CONTRACT MANAGEMENT AGENCY. |
DDoSabbr. DISTRIBUTED DENIAL-OF-SERVICE ATTACK. |
DDPabbr. 1. DELIVERED DUTY PAID. 2. DISCLOSURE DOCUMENT PROGRAM. |
DDUabbr. DELIVERED DUTY UNPAID. |
de(da or duu). [French]. Of; about. This is a French preposition often used to show the genitive case, as in brefe de droit ("writ of right"). |
de-(dee or day). [Latin]. Of; about; concerning; respecting; by; from; out of; affecting. This preposition is used in the titles of English statutes, of original and judicial writs, and of court proceedings. |
de alode parentum(dee al-a-dee pa-ren-tam). [Law Latin]. From freehold of one's parents. "De alode parentum. lands descending by inheritance from parents were said to be so acquired, in contradistinction to lands held in feu ... and to those acquired by a singular title. Subsequently the phrase acquired a more comprehensive signification, as all lands were, in process of time, termed allodial, in which the holder had a right of absolute property, without rendering any service therefor, or recognising any superior therein, and of which he had an unlimited power of disposal." John Trayner, Trayner's Latin Maxims 137 (4th ed. 1894). |
de verbo in verbum(dee var-boh in var-bam). [Law Latin], Word for word. |
de admensuratione do tis(dee ad-men-s[y)uu-ray-shee-oh-nee doh-tis), n. [Law Latin "of the admeasurement of dower"]. See admeasurement ofdower under ADMEASUREMENT. |
de advisamento consilii nostri(dee ad-vi-za-men-toh kan-sil-ee-i nos-tri). [Law Latin]. With or by the advice of our council. This phrase was formerly used in writs of summons to Parliament. |
de aequitate(dee ee-kwa-tay-tee). [Latin]. In equity. |
de aestimato(dee es-ti-may-toh). [Latin "for the estimation of something in money"]. Roman law. An action available to an owner of goods against a person who received the goods but failed, after a certain period, to either pay the owner an agreed price after finding a purchaser or return the goods to the owner. The transaction, or aestimatum, was an innominate contract often used by traveling merchants or second-hand dealers who, after purchasing items, could then resell them at higher prices or return them to the owner. Also termed actio aestimatoria. |
de aetate probanda(dee ee-tay-tee proh-ban-da), n. [Law Latin "of (about) proving age"]. A writ ordering the sheriff to summon a jury to determine whether an heir of a tenant holding an estate directly of the Crown was old enough to receive the estate. |
de allocatione facienda(dee al-a-kay-shee-oh-nee fay-shee-en-da), n. [Law Latin "for making allowance"]. A writ directed to the treasurer and barons of the Exchequer allowing certain officers (such as accountants and customs collectors) to have in their accounts the funds necessary to make certain payments. |
de alto et basso(dee al-toh et bas-oh), n. [Law Latin "of high and low"]. The total submission of all differences - great or small - to arbitration. |
de ambitu(dee am-bi-tyoo). [Latin "of going around"]. Of devious methods of securing a position, as through bribery. Several Roman laws (such as the Lex Julia de Ambitu) dealt with these methods, such as prohibiting electoral bribery. |
de ampliori gratia(dee am-pli-or-i gray-shee-a). [Latin] Of more abundant or more full grace. |
de anna bissextili(dee an-oh bis-sek-sti-li), n. [Law Latin "of the bissextile year"]. A law of III advising the justices of the bench that in a case requiring something to be done within a year, the leap-year day and the day before should be counted as one day. |
de annua pensione(dee an-yoo-a pen-shee-oh-nee), n. [Law Latin "of annual pension"]. A royal writ demanding payment from an abbey or prior, of a yearly pension for the king's chaplain named in the writ. |
de annuo reditu(dee an-yoo-oh red-i-tyoo), n. [Law Latin "for a yearly rent"]. A writ to recover an annuity payable in goods or money. |
de apostata capiendo(dee a-pos-ta-ta kap-ee-en-doh), n. [Law Latin "of the taking of an apostate"]. A writ ordering a sheriff to apprehend and return to a monasterya person who had entered the monastery, professed the religious order, and then left and wandered around the country. |
de arbitratione facto(dee ahr-bi-tray-shee-oh-nee fak-toh), n. [Law Latin "of arbitration had"]. A writ staying an action already settled by arbitration. |
de arrestandis bonis ne dissipentur(dee ar-a-stan-dis boh-nis nee dis-a-pen-tar), n. [Law Latin "of goods arrested lest they be dispersed"]. A writ to seize goods from a party to ensure that the goods do not disappear while a lawsuit is pending. |
de arrestando ipsum qui pecuniam recepit(dee ar-a-stan-doh ip-sa kwi pa-kyoo-nee-am ri-see-pit), n. [Law Latin "for the apprehension ofone who took the king's money"]. A writ ordering the arrest of a person who took the king's money for war service, and then hid to keep from serving. |
de asportatis religiosorum(dee as-por-tay-tis ri-lij-ee-oh-sor-am), n. [Law Latin "concerning the property of religious persons carried away"]. A statute of Edward I passed to curb alienation of clerical possessions, including the removal of those possessions to foreign countries. |
de assisa proroganda(dee a-si-za proh-ra-gan-da), n. [Law Latin "of the proroguing of an assize"]. A writ ordering justices to postpone an assize because a party is busy in the Crown's service. |
de attornato recipiendo-(dee a-tor-nay-toh ri-sip-ee-en-doh), n. [Law Latin "of receipt of an attorney"]. A writ requiring a court to receive and admit an attorney for a party. |
de audiendo et terminando(dee aw-dee-end-doh et tar-mi-nan-doh), n. [Law Latin "for hearing and determining"]. A writ or commission directing certain justices to hear and resolve particular cases resulting from a riot, including those involving heinous misdemeanors, breaches of the peace, and trespass. Cf. COMMISSION OF OYER AND TERMINER. |
de averiis cap tis in withernamium(dee a-veer-ee-is kap-tis in with-ar-nay-mee-am), n. [Law Latin "for taking cattle in withernam"]. A writ directing a sheriff to detain a defendant's cattle because the defendant had unlawfully taken the plaintiff's cattle out of the county. - The defendant's cattle would be detained until the sheriff could replevy the plaintiff's cattle. |
de averiis replegiandis(dee a-veer-ee-is ri-plee-jeean-dis), n. [Law Latin "of replevying beasts"). A writ ordering a sheriff to replevy someone's beasts or chattels that had been unlawfully taken and detained. This is the old writ of replevin. |
de banco(dee or dd bang-koh). [Law Latin]. Of the bench. In England, the term applied to justices of the Court of Common Pleas. |
de bene esse(dee bee-nee es-ee also day ben-ay es-ay), adv. [Law Latin "of well-being"]. As conditionally allowed for the present; in anticipation of a future need <Willis's deposition was taken de bene esse>. - Abbr. d.b.e. de bene esse, adj. |
de bien et de mal(da byen ay da mal). [Law French]. See DE BONO ET MALO (I). |
de biens Ie mort(da beenz la mor[t]). [Law French]. Of the goods ofthe deceased. |
de bigamis(dee big-a-mis), n. [Law Latin "concerning men twice married"]. The statute of 4 Edw. I. st. 3, so called from the opening words of the fifth chapter. See BIGAMUS. |
de bonis asportatis(dee boh-nis as-par-tay-tis). See trespass de bonis asportatis under TRESPASS. |
de bonis non(dee boh-nis non). See administration de bonis non under ADMINISTRATION. |
de bonis non administratis(dee boh-nis non ad-min a-stray-tis). [Law Latin]. Of the goods not administered. When the first administrator of an intestate estate dies or is removed, the second administrator is called an administrator bonis non, who administers the goods not administered by the previous executor. |
de bonis non amovendis(dee boh-nis non ay-moh-ven-dis), n. [Latin "of goods not to be moved"]. A writ directing the sheriffs of London to make sure that a defendant's goods are not removed while the defendant's writ of error on a judgment is pending. |
de bonis propriis(dee boh-nis proh-pree-is), n. [Law Latin "of his own goods"]. A judgment allowing execution on an administrator's individual property rather than the property of an estate, as when the administrator mismanages the estate. Cf. DE BONIS TESTATORIS. |
de bonis testatoris(dee boh-nis tes-ta-tor-is), n. [Law Latin "of the goods of the testator"]. A judgment awarding execution on a testator's property, rather than the individual property of an administrator. Cf. DE BONIS PROPRIIS. |
de bonis testatoris ac si(dee boh-nis tes-ta-tor-is ak si). [Law Latin "from the goods of the testator if he has any, and if not, from those of the executor"]. A judgment holding an executor responsible if the testator's estate is insufficient or if the executor falsifies a pleading as a release. |
de bonne memoire(da bawn mem-wahr). [Law French]. Of sound mind; of good memory. Also spelled de bone memorie. See MIND AND MEMORY; COMPOS MENTIS. |
de bono et malo(dee boh-noh et mal-oh), n. [Law Latin "for good and evil"]. 1. For good and evil. A criminal defendant indicated full submission to the jury's verdict by placing himself or herself at the jury's mercy de bono et malo. Also termed de bien et de mal. 2. A special writ of jail delivery issued by the justices of assize to enable them to try all criminal defendants who were in jail where the court traveled.o Formerly, the judges were required to issue a separate writ for every prisoner. This was replaced by a general commission of jail delivery. "[T]hey have ... a commission of general gaol delivery; which empowers them to try and deliver every prisoner, who shall be in the gaol when the judges arrive at the circuit town, whenever indicted, or for whatever crime committed. It was anciently the course to issue special writs of gaol delivery for each particular prisoner, which were called the writs de bono et malo: but, these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead. So that, one way or other, the gaols are cleared, and all offenders tried, punished, or delivered, twice in every year: a constitution of singular use and excellence." 4 William Blackstone, Com· mentaries on the Laws of England 267 (1769). |
de bono gestu(dee boh-noh jes-t[y]oo). [Law Latin]. For good behavior. |
de caetero(dee see-ta-roh). [Latin "about the other"]. Henceforth; in the future, Also spelled de cetera. |
de calceto reparando(dee kal-sa-toh rep-a-ran-doh), n. [Law Latin "for repairing a causeway"]. A writ directing a sheriff to distrain residents of a place to repair a road. |
de capitalibus dominus feodi(dee kap-a-tay-Ia-bas dom-a-nas fee-a-di). [Law Latin]. From the highest lord of the fee. This term was primarily used in old charters to state that the tenure of an estate was to be held of the chieflord of the fee, rather than of the immediate grantor. |
de capite minutis(dee kap-a-tee mi-n[y]oo-tis). [Latin "of those who have lost their status"]. Roman law. A title in the Digest, to people who lost their civil status. See CAPITIS DEMINUTIO. |
de cartis reddendis(dee kahr-tis ri-den-dis), n. [Law Latin "for restoring charters"]. A writ ordering redelivery of a charter or deed; a writ of detinue. See DETINUE. |
De Catallis FelonumA 1326 statute providing that a felon forfeited his or her personal property and also lost all rights and means of acquiring property. This statute is one of the earliest written laws imposing civil death. Cf. civil death (1) under DEATH. |
de catallis reddendis(dee ka-tal-is ri-den-dis), n. [Law Latin "of chattels to be restored"]. A writ ordering a bailee to deliver chattels kept from the owner. This was replaced by the writ of detinue. See DETINUE. |
de cautione admittenda(dee kaw-shee-oh-nee ad-mi-ten-da), n, [Law Latin "of security to be taken"]. A writ commanding a bishop who had ordered an excommunicated person held for contempt, even though the prisoner had offered bail and promised to obey the church in the future, to take the offered security and order the prisoner's release. |
de cerico admittendo(dee kler-a-koh ad-mi-ten-doh), n. [Law Latin "for admitting a clerk"]. A writ of execution commanding a bishop to accept a nominee for a vacant benefice. A benefice's patron could enforce the right to fill a vacancy (the right of presentation) in the Court ofCommon Pleas by writ of quare impedit. Also termed admittendo derieo; ad admittendum clericum. Cf. ADVOWSON; PRESENTATION; QUARE IMPEDlT. |
de certificando(dee sar-ti-fi-kan-doh), n. [Law Latin "about something to be certified"]. A writ requiring something to be certified, similar to certiorari. See CERTIFICANDO DE RECOGNITIONE STAPULAE. |
de certiorando(dee sar-shee-a-ran-doh), n. [Law Latin "about certification"]. A writ ordering a sheriff to certify a fact. |
de ceteroSee DE CABTERO. |
de champertia(dee kam-par-shee-a), n. [Law Latin "about champerty"]. A writ ordering justices of the bench to enforce the champerty laws. See CHAMPERTOR; CHAMPERTY. |
de char et de sank(da shahr ay da sangk). [Law French]. Of flesh and blood. |
de chimino(dee kim-a-noh), n. [Law Latin "writ of way"]. A writ to enforce a right-of-way. |
de cibariis utendis(dee si-bair-ee-as yoo-ten-dis), n. [Law Latin "of victuals to be used"]. The statute of 10 Edw. 3 ch. 3 restraining entertainment expenses. This was one of several statutes limiting luxury spending. |
de claro die(dee klair-oh di-ee). [Law Latin "by clear day"]. By daylight. |
de clauso fracto(dee klaw-zoh frak-toh). [Law Latin]. Of a breacl" of close. See CLAUSUM FREGIT. |
de clerico capto per statutum mercatorium deliberando(dee kler-a-koh kap-toh par sta-tyoo-tam mar-ka-tor-ee-am di-lib-a-ran-doh), n. [Law Latin "for delivering a clerk arrested on a statute merchant"]. A writ ordering the release of a clerk imprisoned for breach ing a statute merchant. Often shortened to de clerieo capto per statu tum mercatorium. |
de clerico convieto commisso gaolae in defectu ordi narii deliberandoSee CLERICO CONVICTO COMMISSO GAOLAE IN DEFECTU ORDINARII DELIBERANDO. |
de clero(dee kleer-oh), n. [Law Latin "concerning the clergy"). The statute of 25 Edw. 3 addressing clerical matters, including presentations and indictments. |
de coelo usque ad inferos(dee see-loh as-kwee ad in-far-ohs). [Latin]. From heaven to the center of the earth. This phrase expressed a common-law maxim about the extent of a real-property owner's ownership interest in the property. |
de communi dividundoSee aetio de communi dividundo under ACTIO. |
de comon droit(da kah-man droyt). [Law French]. By the common law; of common right. See COMMON LAW. |
de computo(dee kom-pya-toh), n. [Law Latin "of account"]. A writ ordering a defendant to either give a reasonable accounting to the plaintiff or explain why such an accounting should not be required. This was the foundation for an action of account. See ACCOUNT (3). |
de concilio curiae(dee kan-sil-ee-oh kyoor-ee-ee). [Law Latin]. By the advice of the court; by the direction of the court. Also spelled de consillio curiae. |
De Conflictu Legum(dee kan-flik-too lee-gam), n. [Latin]. Concerning the conflict of laws. This is a title to several works on the conflict of laws. |
De Conjunctim Feoffatis(dee kan-jangk-tam fee-fay-tis), n. [Law Latin "concerning persons jointly enfeoffed"]. The title of the statute of Edward I preventing delays caused by tenants pleading, in novel disseisins or other actions, that someone else was jointly seised with them. |
de consanguineo(dee kon-sang-gwin-ee-oh), n. See COSINAGE. |
de consanguinitate(dee kon-sang-gwin-i-tay-tee), n. See COSINAGE. |
de consilio(dee kan-sil-ee-oh). [Law Latin]. Of counsel. This term often referred to the advice or counsel to commit a crime. |
de continuando assisam(dee kan-tin-yoo-an-doh a-si-zam), n. [Law Latin "for continuing an assize"]. A writ to continue an assize. |