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de ingressu (dee in-gres-[y]oo), n. [Law Latin "of entry"]. A writ allOWing entry into lands or tenements.

de injuria (dee in-joor-ee-a). [Law Latin "of injury"]. Of injury. A traverse de injuria, contained in a replication in a trespass action, denies the defendant's excuse for the wrong done. See TRAVERSE.

de inojficioso testamento (dee in-a-fish-ee-oh-soh tes-ta-men-toh). [Latin]. Roman law. Concerning an inofficious or undutiful will. See INOFFICIOSUS; QUERELA INOFFICIOSI TESTAMENT!.

de integro (dee in-ta-groh), n. [Latin]. Again; a second time.

de intrusione (dee in-troo-zhee-oh-nee), n. [Law Latin "of intrusion"]. A writ available to a reversioner when the tenant dies and a stranger occupies the land.

de jure (di juur-ee also dee or day), adj. [Law Latin "as a matter of law"]. Existing by right or according to law <de jure segregation during the pre-Brown era>. Cf. DE FACTO; DE GRATIA.

de jure corporation (di juur-ee). A corporation formed in accordance with all applicable laws and recognized as a corporation for liability purposes. - Also termed corporation de jure.

de jure corporation- See CORPORATION.

de jure government See GOVERNMENT.

de jure government- A functioning government that is legally established. - Also termed government de jure.

de jure officer See officer de jure.

de jure officer See officer de jure under OFFICER (1).

de jure segregation See SEGREGATION (2).

de jure segregation Segregation that is permitted by law.

de la plus belle (da lah ploo bel), adj. [Law French]. Of the most fair. This term described a form of dower assigned out of the husband's best tenements. The term was used in military tenures but was abolished by statute. 12 Car. 2, ch. 24. - Also termed de Ia pluis beale.

de lana caprina (rixari). (dee lay-na ka-pri-na rik-sair-i). [Latin]. To contend about a goat's hair; to dispute about nothing.

de latere (dee lat-ar-ee). [Latin]. Of collaterals; from the side.

de legatis et fidei commissis (dee Ii-gay-tis et fi-dee-i ka-mis-is). [Latin] Oflegacies and trusts. This is a title in the Pandects.

de lege ferenda (dee lee-jee fa-ren-da). [Latin "from law to be passed"] Int'llaw. A proposed principle that might be applied to a given situation instead or in the absence of a legal principle that is in force. Cf. DE LEGE LATA.

de lege lata (dee lee-jee lay-ta). [Latin "from law passed"]. Int'l law. 1. Existing law. 2. The principle that a court should decide based on actual law and not on how it thinks the law ought to be. Cf. DE LEGE FERENDA.

de libera fa Ida (dee lib-ar-a fal-da or fawl-da), n. [Law Latin "of free fold"]. A writ allowing a free feeding, esp. of sheep on land. - This was a form of quod permittat.

de libera piscaria (dee lib-ar-a pi-skair-ee-a), n. [Law Latin "of free fishery"]. A writ allowing an exclusive right to fish on public navigable water. This was a form of quod permittat.

de libero homine exhibendo (dee lib-ar-oh hom-a-nee ek-si-ben-doh). [Latin "for the production of a free man"]. Roman law. An interdict requiring a free person to be produced before a magistrate.

de libero passagio (dee lib-ar-oh pa-say-jee-oh), n. [Law Latin "of free passage"]. A writ allowing free passage over water. This was a form of quod permittat.

de libertate probanda (dee Iib-ar-tay-tee proh-ban-da), n. [Law Latin "for proving liberty"]. A writ directing a sheriff to take security from a person accused of being a villein and to protect that person from harassment until the person's status was determined by the justices of assize.

de libertatibus allocandis (dee lib-ar-tay-ta-bas al-a-kan-dis), n. [Law Latin "for allowing liberties"]. A writ allowing a person entitled to certain liberties to obtain them.

de licentia transfretandi (dee li-sen-shee-a trans-fra-tan-di), n. [Law Latin "of permission to cross the sea"]. A writ ordering wardens of seaports, on certain conditions, to permit any person named in the writ to cross the sea.

de ligno juncto (dee tig-noh jagnk-toh). See actio de tigna juncto under ACTIO.

de liquido in liquidum (dee lik-wi-doh in lik-wi-dam). [Law Latin]. Scots law. Of a liquid claim against a liquid claim. The phrase appeared in reference to the extinguishment of a claim by setoff.

de lucranda dote (dee loo-kran-da doh-tee). [Latin "of being enriched by the dowry"]. A spousal agreement giving a husband the right to retain his wife's dowry upon her death.

de lunatico inquirendo (dee loo-nat-a-koh in-kwa-ren-doh), n. [Law Latin "for inquiring about a lunatic"]. A writ or commission to determine whether a person is a lunatic. Also termed commission of lunacy.

de magna assisa eligenda (dee mag-na a-si-za el-i-jen-da), n. [Law Latin "of choosing the grand assize"]. A writ ordering a sheriff to summon 4 knights to give oaths before the justices ofassize and then choose 12 more knights to form a grand assize to determine who had the right in a writ of right.

de malo (dee mal-oh). [Law Latin]. Of illness. This term defined certain legal excuses, such as de malo lecti ("of illness in bed"), de malo veniendi ("of illness or misfortune in coming where the court is"), and de malo villae ("of illness in town where the court is").

de manucaptione (dee man-ya-kap-shee-oh-nee), n. [Law Latin "of manucaption"]. A writ ordering a sheriff to release on sufficient bail an accused felon whose initial offer of bail had been rejected.

de manutenendo (dee man-ya-ta-nen-doh), n. [Law Latin "of maintenance"]. A writ against a person who has wrongfully meddled in a lawsuit by providing assistance to a party to continue the litigation. See MAINTENANCE (6).

de maritagio amisso per defaltam (dee mar-a-tay-jee-oh a-mis-oh par da-fawl-tam), n. [Law Latin]. A writ available to a tenant of a frank marriage to regain land lost by default.

de me (dee mee). [Latin]. Of me. This phrase appeared in feudal grants to confirm that a superior lord's permission was not needed for the conveyance. This was distinguished from a conveyance a me de superiore mea ("from me of my superior"), in which the estate is to be held of the superior, and is invalid unless confirmed by the superior. Cf. A ME.

de medietate linguae (dee mee-dee-a-tay-tee ling-gwee). [Law Latin]. Of half-tongue. This term describes a jury made up of an equal number of natives and aliens. Edward III originally provided for such a jury in commercial cases when one party was an alien. It was later extended to criminal cases. Ifenough aliens could not be found, trial proceeded with the available number.

de medio (dee mee-dee-oh), n. [Law Latin "of mesne"]. A writ against a mesne (i.e., middle) lord to protect an undertenant from harassment by a paramount lord for rent actually due from the mesne lord. Also termed writ of mesne.

de melioribus damnis (dee mee-Iee-or-a-bas dam-nis). [Law Latin] Of the better damages. This term describes a plaintiff's election of the defendant against which to take judgment when the jury has mistakenly awarded separate damages against two or more defendants for a jOint tort. Under these circumstances, the plaintiff could take a judgment against the defendant that had been assessed the greatest damages, and then enter a nolle prosequi against the others.

de mercatoribus (dee mar-ka-tor-a-bas), n. [Latin "of merchants"]. The title of two statutes enacted in the lIth and 13th years of the reign of Edward I, providing that the land of a business debtor could be held by a creditor as security until the debt was paid. "But by the statute de mercatoribus ... the whole of a man's lands was liable to be pledged in a statute merchant, for a debt contracted in trade; though one· half of them was liable to be taken in execution for any other debt of the owner." 1 William Blackstone, Commentaries on the Laws of England 161 (1765).

de minimis (d;> min-a-mis), adj. [Latin "of the least"]. 1. Trifling; minimal. 2. (Of a fact or thing) so insignificant that a court may overlook it in deciding an issue or case. 3. DE MINIMIS NON CURAT LEX.

de minimis non curat lex (da min-a-mis non kyoor-at leks). [Latin]. The law does not concern itself with trifles. Often shortened to de minimis.

de minimis test A judicial test for determining whether a contributor to a joint work is an author tor legal purposes, based on whether the joint effort itself is an original expression that qualifies for copyright protection. This test has been rejected in favor of the copyrightability test by most courts that have addressed the issue. Cf. COPYRIGHTABILlTY TEST.

de minis (dee min-is), n. [Latin "of threats"]. A writ ordering a person to keep the peace when the person has threatened another person with bodily harm or property destruction.

de mittendo tenorem recordi (dee mi-ten-doh ta-nor-am ri-kor-di), n. [Law Latin "of sending the tenor of a record"]. A writ to certify a record under seal.

de moderata misericordia capienda (dee mod-a-ray-ta miz-a-ri-kor-dee-a kap-ee-en-da), [Law Latin "for taking a moderate amercement"]. A writ ordering a bailiff to take a moderate penalty from a party who had been excessively penalized in a court not of record. The writ was founded on Magna Carta.

de modo decimandi (dee moh-doh des-a-man-di), n. [Law Latin] Eccles. law. Of a mode of tithing. This refers to any special kind of tithing by custom that is different from the general law that usu. required the tenth part of an annual increase. For example, it could mean a twelfth part of a quantity of hay rather than a tenth part or a couple of hens instead of a normal tithing of eggs. - Also termed modus decimandi; modus.

de momenta in momentum (dee ma-men-toh in ma-men-tam). [Latin] Scots law. From moment to moment. The phrase appeared in reference to terms for counting. For example, a minor's age was counted de momenta in momentum until the last moment of 21 years. The years of prescription were also thus computed.

de morte antecessoris (dee mor-tee an-ti-ses-ar-is). [Law Latin]. Scots law. Concerning the death of the ancestor. The phrase occurs in the brieve of mortancestry, equivalent to the English mort d 'ancestor.

de munere regio (dee myoo-nar-a ree-jee-oh). [Law Latin]. Scots law. By royal gift. The phrase described land held under feudal tenure.

de nativo habendo (dee na-ti-voh ha-ben-doh), n. [Law Latin "about a serf to be held"]. A writ directing a sheriff to apprehend and return a runaway serf to the serf's lord .o A trial on the writ would determine the lord's ownership status.

de natura brevium (dee na-tyoor-a bree-vee-a). [Latin] Concerning the nature of writs. This was a common title of textbooks on English medieval law.

de non alienando (dee non ay-lee-a-nan-doh). [Law Latin] Scots law. For not alienating. The phrase was used to restrict the transfer of property.

de non alienando sine consensu superiorum (dee non ay-lee-a-nan-doh si-nee kan-sen-s[y]oo s[y]oo-peer-ee-or-am). [Law Latin]. Scots law. Concerning the nonalienation of the lands without the consent of the superior. The phrase was frequently present in a charter to a vassal.

de non contrahendo debito (dee non kon-tra-hen-doh deb-i-toh). [Law Latin]. Scots law. Against the contraction of debt. The phrase was inserted in an entail to prevent the heir from incurring debt.

de non decimando (dee non des-a-man-doh), n. [Law Latin "of not paying tithes"]. Eccles. law. A claim for release from paying a tithe. Also termed modus de non decimando. "A prescription de non decimando is a claim to be entirely discharged of tithes, and to pay no compensation in lieu of them ..Thus the king by his prerogative is discharged from all tithes. So a vicar shall pay no tithes to the rector, nor the rector to the vicar .... But these privileges are persona! to both the king and the clergy; for their tenant or lessee shall pay tithes .... And from this original have sprung all the lands, which, being in lay hands, do at present claim to be tithe·free: for, if a man can show his lands to have been such abbey lands, and also immemorially discharged of tithes ... this is now a good prescription, de non decimando. But he must show both these requisites for abbey lands, without a special ground of discharge, are not dis charged of course; neither will any prescription de non decimando avail in total discharge of tithes, unless it relates to such abbey lands." 2 William Blackstone, Commentaries on the Laws of Eng/and 31-32 (1766).

de non procedendo ad assisam (dee non proh-sa-den-doh ad a-si-zam), n. [Law Latin "of not proceeding to take an assize"]. A writ ordering justices not to hold an assize in a particular case.

de non residentia clerici regis (dee non rez-a-den-shee-a kler-a-si ree-jis), n. [Law Latin "of the nonresidence of a parson employed in royal service"]. A writ to excuse a parson from nonresidence because the parson is busy serving the Crown. See NONRESIDENCE (1).

de non sane memorie (dee non sayn mem-a-ree). [Law French]. Of unsound memory; of unsound mind. See MIND AND MEMORY; NON COMPOS MENTIS.

de novi operis nuntiatione See NOVI OPERIS NUNTIATIO.

de novo (di noh-voh or dee), adj. Anew.

de novo damus (di noh-vah day-mas). [Law Latin "we give anew"]. Scots law. The novodamus clause in a renewal of a gift or previous charter. See NOVODAMUS.

de novo judicial review A courts non deferential review of an administrative decision, usu. through a review of the administrative record plus any additional evidence the parties present. Also termed de novo review.

de novo judicial review See JUDICIAL REVIEW.

de novo review 1. See appeal de novo under APPEAL. 2. See de novo judicial review under JUDICIAL REVIEW.

de odio et atia (dee oh-dee-oh et ay-shee-a), n. [Law Latin "of hatred and malice"]. A writ ordering a sheriff to summon a 12-member jury to inquire whether a prisoner jailed for murder was charged for a good reason or only because of ill-will and to determine whether bail should be set. If the prisoner was accused out of spite or had committed the crime in self-defense, then another writ called tradas in ballim would have been issued ordering the sheriff to release the prisoner on bail if the sheriff could find 12 good citizens of the county to vouch for the prisoner. This writ, similar to habeas corpus, was first mentioned in Magna Carta. - Also termed breve de bono et malo.

de onerando pro rata portione (dee on-a-ran-doh proh ray-ta por-shee-oh-nee), n, [Law Latin "of charging according to a ratable proportion"], A writ for a joint tenant or cotenant who is distrained for more rent than is proportionately required,

de pace et legalitate tenenda (dee pay-see et la-gal-a-tay-tee ta-nen-da). [Latin]. A writ for keeping the peace and adherence to the laws (or good behavior). - Also termed de·pace et legantate tuenda.

de pace et plagis (dee pay-see et play-jis), n. [Law Latin "of breach of peace and wounds"]. A type of criminal appeal used in cases of assault, wounding, and breach of the peace.

de pace et roberia (dee pay-see et roh-beer-ee-a), n. [Law Latin "of breach of peace and robbery"). A type of criminal appeal used in cases of robbery and breach of the peace.

de parco fracto (dee pahr-koh frak-toh), n. [Law Latin "of pound breach"]. A writ against someone, esp. an owner, who breaks into a pound to rescue animals that have been legally distrained and impounded. "And, being thus in the custody of the law, the taking them back by force is looked upon as an atrocious injury, and denominated a rescous, for which the distreinor has a remedy in damages, either by writ of rescous, in case they were going to the pound, or by writ de parco fracto, or pound·breach, in case they were actually impounded." 3 William Blackstone, Commentaries on the Laws of Eng/and 146 (1768).

de partitione facienda (dee pahr-tish-ee-oh-nee fay-shee-en-da), n. [Law Latin]. A writ to partition lands or tenements.

de perambulatione facienda (dee pa-ram-bya-Iay-shee-oh-nee fay-shee-en-da), n. [Law Latin "for making perambulation"]. A writ ordering the sheriff to go with 12 knights of the county to settle a boundary dispute by walking about to determine the proper boundary between adjacent towns or lordships.

de placito (dee plas-a-toh), n. [Law Latin]. Of a plea. These words were used in a declaration describing the particular action being brought, as in de placito debit ("of a plea of debt").

de plagis et mahemio (dee play-jis et ma-hee-mee-oh), n. [Law Latin "of wounds and mayhem"]. A type of criminal appeal used in cases of wounding and maiming.

de plano (dee play-noh). [Latin "from ground level"]. 1. Roman law. Informally; in a summary manner. The praetor would administer justice de plano when he stood on the same level with the parties instead of sitting on an elevated bench. 2. Clearly; manifestly, as in de bigamis. See DE BIGAMIS. 3. By collusion. 4. Scots law. Forthwith.

de plegiis acquietandis (dee plee-jee-is-a-kwi-a-tan-dis), n. [Law Latin "for acquitting or releasing pledges"]. A writ ordering repayment to a surety by a principal who had failed to make a required payment that the surety then had to cover.

de ponendo sigillum ad exceptionem (dee pa-nen-doh si-jil-am ad ek-sep-shee-oh-nam), n. [Law Latin "for putting a seal to an exception"]. A writ directing justices of assize to preserve exceptions taken by a party in a case.

de post disseisina (dee pohst dis-see-zin-a), n. [Law Latin "of past disseisin"]. A writ for recovery of land by a person who had previously recovered the land from a disseisor by a praecipe quod reddat or on a default or reddition, but who was again disseised by the same disseisor.

de praerogativa regis (dee pri-rog-a-ti-va ree-jis). See PRAEROGATIVA REGIS.

de praesenti (dee pri-zen-ti). [Law Latin]. At present; of the present. A consent to marriage de praesenti constitutes marriage in itself. - Also spelled de presenti. Cf. DE FUTURO.

de presenti See DE PRAESENTI.

de procedendo ad judicium (dee proh-sa-den-doh ad joo-dish-ee-am), n. [Law Latin "for proceeding in an assise"]. A chancery writ ordering a lower court to proceed to judgment in a case that had been wrongfully stayed. If the lower-court justices refused, they could be punished for contempt.

de proprietate probanda (dee pra-pri-a-tay-tee pra-ban-da), n. [Law Latin "for proving property"]. A writ ordering a sheriff to investigate the ownership of distrained goods claimed by a defendant in a replevin action. "If therefore the distreinor claims any such property, the party replevying must sue out a writ de proprietate probanda, in which the sheriff is to try, by an inquest, in whom the property previous to the distress subsisted. And if it be found to be in the distreinor, the sheriff can proceed no farther: but must return the claim of property to the court of king's bench or common pleas, to be there farther prosecuted, if thought advisable, and there finally determined." 3 William Blackstone, Commentaries on the Laws of England 148 (1768).

de quarantina habenda (dee kwahr-an-ti-na ha-ben-da), n. [Law Latin "of return of quarantine"]. A writ ordering a sheriff to give a widow possession of part of her husband's estate, after she had been wrongfully ejected but before dower is aSSigned. See QUARANTINE (4).

de quo (dee kwoh). [Latin] Of which. These were formal words used in a writ of entry, as in a writ of entry "in the quo" or "in the quibus." Also termed de quibus.

de raptu virginum (dee rap-t[y]oo var-ja-nam), n. [Latin "of the ravishment of virgins"]. A writ for taking an appeal in a rape case.

de rationabili parte bonorum (dee rash-[ee]-a-nay-ba-li pahr-tee ba-nor-am), n. [Law Latin "of reasonable share of goods"]. A writ allowing the wife and children of a dead man to recover a reasonable share of his goods from his executors after his debts were paid. This writ was usu. founded on custom rather than the general law.

de rationabilibus divisis (dee rash-an-a-bil-i-bas di-vi-sis), n. [Law Latin "of the fixing of reasonable boundaries"). A writ to settle the boundaries between property owners of different towns when one owner claimed a trespass by the other.

de recenti (dee ri-sen-ti). [Law Latin]. Scots law. Recently. The term adds weight to a statement that is made or an event (such as an arrest) that occurs soon after an incident. In a theft case, for example, the presumption of guilt was greater when the suspect was identified soon after the theft occurred.

de recorda et processu mittendis (dee ri-kor-doh et proh-ses-[y]oo mi-ten-dis), n. [Law Latin "of the sending of the record and process of a cause to a superior court"]. A type of writ of error.

de recto (dee rek-toh), n. [Law Latin]. A writ of right to recover both the seisin and the property. Also termed breve de recto. See WRIT OF COURSE.

de recto de advocatione (dee rek-toh dee ad-va-kay-shee-oh-nee), n. [Law Latin "of the right ofadvowson"]. A writ restoring a person's right to present a clerk to a benefice when that right had been interfered with. It was abolished by St. 3 & 4 Will. 4, ch. 27.

de recto de rationabili parte (dee rek-toh dee rash-[ee]-a-nay-ba-li pahr-tee), n. [Law Latin "of right of reasonable part"]. A writ allowing one coparcener or blood relative owning land in fee simple to obtain a rightful share from the other. It was abolished by St. 3 & 4 Will. 4, ch. 27.

de recto patens (dee rek-toh pay-tenz), n. [Law Latin "of right patent"]. The highest writ of right under the law given to an owner in tee simple to recover the possession and use of land from the freehold tenant. Also termed breve magnum de recto.

de redisseisina (dee ree-dis-see-zin-a), n. [Law Latin "of redisseisin"]. A writ for recovery ofland or rent by a person who had previously recovered the land or rent by an assize of novel disseisin, but who was again disseised bv the same disseisor. The writ is similar to de post dis;eisina. See DE POST DISSEISINA; DISSEISIN.

de rei gestae veritate (dee ree-i jes-tee ver-i-tay-tee). [Law Latin] Scots law. Of the truth of the thing done. A witness to a deed that had been lost could testify to the deed's existence and to the truthfulness of the statements contained in it.

de reparatione facienda (dee rep-a-ray-shee-oh-nee fay-shee-an-da). 1. An action brought by a joint tenant to compel a cotenant to contribute to the repair of jointly held property. 2. A writ issued in such an action. The writ had to issue before repairs were undertaken. There was no remedy after repairs began.

de replegiore de averiis See DE AVERIIS REPLEGIANDIS.