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death tax 1. See estate tax under TAX. 2. See inheritance tax under TAX.

death tax 1. See estate tax. 2. See inheritance tax.

death trap 1. A structure or situation involVing an imminent risk ofdeath. 2. A situation that, although seemingly safe, is actually quite dangerous.

death warrant See WARRANT (1).

death, contemplation of See CONTEMPLATION OF DEATH.

deathbed declaration See dying declaration under DECLARATION (6).

deathbed declaration- See dying declaration.

deathbed deed See DEED.

deathbed deed- A deed executed by a grantor shortly before death. The grantor need not be aware that he or she is near death when the deed is executed.

death-benefit-only plan See survivor's income benefit plan under EMPLOYEE BENEFIT PLAN.

death-damage statute Archaic. See WRONGFUL-DEATH STATUTE.

death-knell doctrine A rule allowing an interlocutory appeal if precluding an appeal until final judgment would moot the issue on appeal and irreparably injure the appellant's rights. Once recognized as an exception to the final-judgment rule, the doctrine was limited by the U.S. Supreme Court in Coopers & Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct. 2454 (1978). There, the Court held that the death-knell doctrine does not permit an immediate appeal of an order denying class certification. But the doctrine still applies in some contexts. For example, the doctrine allows an immediate appeal of the denial of a temporary restraining order when the lack of an appeal would leave nothing to be considered in the trial court. Woratzeck v. Arizona Rd. of Executive Clemency, 117 F.3d 400 (9th Cir. 1997). - Also termed death-knell exception. Cf. FINAL-JUDGMENT RULE.

death-penalty sanction Civil procedure. A court s order dismissing the suit or entering a default judgment in favor of the plaintiffbecause of extreme discovery abuses by a party or because of a partys action or inaction that shows an unwillingness to participate in the case. Such a sanction is rarely ordered, and is usu. preceded by orders of lesser sanctions that have not been complied with or that have not remedied the problem. Often shortened to death penalty.

death-penalty sanction See SANCTION

death-qualified jury See JURY.

death-qualified jury A jury that is fit to decide a case involving the death penalty because the jurors have no absolute ideological bias against capital punishment. Cf.life-qualified jury.

deathsman An executioner; a hangman.

death-spiral deal A convertible security for which the conversion price depends on the market price less a percentage discount on the date of conversion. Also termed toxic convert.

debarment The act of precluding someone from having Qr doing something; exclusion or hindrance. debar, vb.

debasement 1. The act of reducing the value, quality, or purity of something; esp., the act of lowering the value of coins by either reducing the weight of gold and silver in the coins or increasing the coins' alloy amounts. 2. Degradation. 3. The state of being degraded.

debate Formal consideration of a motion's merits in the form of speeches for, against, or otherwise addressing the motion. See CONSIDERATION (2). debatable, adj. - debatability, n.

debate agenda See debate calendar under CALENDAR (4).

debate agenda- See debate calendar under CALENDAR (4).

debate calendar The list of business that is awaiting a deliberative assembly's vote and that is not on the consent calendar. Also termed debate agenda.

debate calendar- See CALENDAR (4).

debauch (di-bawch), vb. 1. Archaic. To draw (a person) away from duty; to lead (a person) astray. 2. To corrupt (a person) with lewdness; to seduce (someone). 3. To mar or spoil (a person or thing).

debauchery (di-bawch-a-ree), n. Excessive indulgence in sensual pleasures; sexual immorality or excesses. debauch, vb.

debellatio (deb-a-Iay-shee-oh). [Latin]. A means of ending a war and acquiring territory when one of the belligerent countries has been so soundly defeated that its adversary is able to decide alone the fate of the defeated country's territory; conquest followed by annexation. Also termed subjugation. "[T]here are] three possible alternative meanings of debeliatio in international law. The first is that debellatio denotes the change wrought by the conquest and total subjugation of a State together with that State's annexation by the conqueror. The second view is that debellatio corresponds to the total defeat of an enemy State, its occupation, and the elimination of a vital component of Statehood; in this view, debellatio implies the extinction of the old State, but it leaves open the legal future of the occupied territory (annexation or the founding of one or more new States). The third view is that debellatio only describes a factual situation and that even the elimination of all the State organs combined with the occupation of the territory does not exclude the continuing existence of that State. It is mainly the second and the third meanings of debeflatiowhich have been advocated for the situation of Germany since the end of World War II." Karl-Ulrich Meyn, "Debellatio," in I Encyclopedia of Public International Law 166 (1992).

debenture (di-ben-chdr). [fr. L. debentur "there are owed"] 1. A debt secured only by the debtor's earning power, not by a lien on any specific asset. Originally, this was the first word of a deed detailing sums acknowledged to be owed. 2. An instrument acknowledging such a debt. 3. A bond that is backed only by the general credit and financial reputation of the corporate issuer, not by a lien on corporate assets. Also termed debenture bond; unsecured bond; naked debenture; plain bond. Cf. BOND (3). "The word 'debenture' in its archaic sense was applied to a form given under seal as an acknowledgment for goods supplied to the Royal Household, and as such probably meant a charge on Public Funds. The term was further applied to drawback certificates issued for repayment, on the exportation of goods, of duty which had already been paid upon them, and this term is still so used by H.M. Customs .... The word is now, however, generally used to indicate an acknowledgment of indebtedness given under seal by an incorporated company, containing a charge on assets of the company, and carrying an agreed rate of interest until payment, but the variety of the forms which a debenture may take makes it difficult to find a good general definition in any reported case." Thomas Froude & Eric V.E. White, The Practice Relating to Debentures I (1935).

debenture bond See DEBENTURE (3).

debenture bond- See DEBENTURE (3).

debenture indenture See INDENTURE.

debenture indenture- An indenture containing obligations not secured by a mortgage or other collateral. It is a long-term financing vehicle that places the debenture holder in substantially the same position as a bondholder secured by a first mortgage.

debenture stock 1. Stock that is issued under a contract providing for periodic, fixed payments. 2. English law. A type of bond representing money borrowed by a company using its property or other fixed assets as security.

debet et detinet (dee-bet or deb-et et det-i-net or det-a-nat). [Law Latin). He owes and detains. This phrase was used in declarations in actions for debt when the original creditor sued the original debtor. The declaration stated that the defendant "owes to" as well as "detains from" the plaintiff the debt or thing in question; thus, the action was said to be "in the debet et detinet." But if the action was brought against someone other than the original debtor (such as an executor, for a debt due from the testator), then the action was said to be "in the detinet alone." Cf. DETINET.

debet sine breve (dee-bet or deb-et si-nee breev or bree-vee), n. [Law Latin" debt without a writ"]. 1. An action for debt commenced under a bill rather than a writ. 2. A debt confessed by judgment. - Abbr. d.s.b. Also termed debitum sine breve; debit sans breve. See CONFESSION OF JUDGMENT.

debit 1. A sum charged as due or owing. 2. In bookkeeping, an entry made on the left side of a ledger or account, noting an increase in assets or a decrease in liabilities. 3. An account balance showing that something remains due to the holder of the account. Cf. CREDIT (6).

debit card A card used to pay for purchases by electronic transfer from the purchaser's bank account. Cf. CREDIT CARD.

debit sans breve See DEBET SINE BREVE.

debita fundi (deb-i-tam-fan-di). [Law Latin] Scots law. Debts attaching to the soil; debts affecting the land.

debita laicorum (deb-i-ta lay-a-kor-am), n. [Law Latin "debts of laity"]. The debts recoverable in civil courts.

debiti et crediti contributio (deb-i-ti et kred-i kon-tri-byoo-shee-oh). [Law Latin]. A balancing of debit and credit. The phrase appeared in reference to setoff.

debito rem locupletem esse (deb-i-tor-am lok-yoo-plee-tam es-ee). [Latin]. That the debtor is solvent. In assigning a debt, a creditor might sometimes warrant that the debtor had the money to pay it.

debito tempore (deb-i-toh tem-pa-ree). [Latin]. In due time.

debitor (deb-i-tor), n. Roman law. Someone who has a legal obligation to someone else. Cf. CREDITOR (1). PI. debitores.

debitor non praesumitur donare (deb-i-tor non pri-zyoo-mi-tur doh-nair-ee), n. [Law Latin "a debtor is not presumed to make a gift"). The presumption that any payment from a debtor is intended to satisfy the debt, unless the disposition dearly shows the debtor's intent to make a donation.

debitrix (deb-a-triks), n. [Latin) Archaic. Civil law. A female debtor.

debitum (deb-i-tam), n. [Latin "a debt"]. Roman law. Money or other thing that is actually owed, where there is both a duty and liability to repay; an actionable debt. Cf. INDEBITUM.

debitum fructuum (deb-i-tam frak-choo-am). [Law Latin]. A debt upon the fruits; that is, a debt from the fruit of the land, not from the land itself. Tithes, for example, were usu. payable debitum fructuum.

debitum in diem (deb-i-tam in di-am). [Latin "a debt to a date"]. A debt payable at a future date. The phrase appeared in reference to a debt that is due but for which the time for payment had not yet arrived. See UBI DIES CESSIT, LICET NONDUM VENERIT.

debitum in praesenti solvendum in futuro (deb-i- tam in pri-zen-ti sol-ven-dam in fyoo-t[y]oor-oh). [Latin] A present debt (or obligation) to be paid at a future time; a debt or obligation complete when contracted, but of which the performance cannot be required until some future period.

debitum reale (deb-i-tam ree-ay-Iee). [Law Latin]. A real debt; a debt on land, as distinguished from a personal obligation.

debitum sine breve See DEBET SINE BREVE.

debitum subesse (deb-i-tam sab-es-ee). [Latin). That the debt is due.

debt 1. Liability on a claim; a specific sum of money due by agreement or otherwise <the debt amounted to $2,500>. 2. The aggregate of all existing claims against a person, entity, or state <the bank denied the loan application after analyzing the applicant's outstanddebt>. 3. A nonmonetary thing that one person owes another, such as goods or services <her debt was to supply him with 20 international first-class tickets on the airline of his choice>. 4. A common-law writ by which a court adjudicates claims involving fixed sums of money <he brought suit in debt>. Also termed (in sense 4) writ of debt. 'The action of debt lies where a party claims the recovery of a debt; that is, a liquidated or certain sum of money due him. The action is based upon contract, but the contract may be implied, either in fact or in law, as well as express; and it may be either a simple contract or a specialty. The most common instances of its use are for debts: (a) Upon unilateral contracts express or implied in fact. (b) Upon quasi-contractual obligations having the force and effect of simple contracts. (c) Upon bonds and covenants under seal. (d) Upon judgments or obligations of record. (e) Upon obligations imposed by statute." Benjamin j. Shipman, Handbook of Common-Law Pleading § 52, at 132 (Henry Winthrop Ballantine ed., 3d ed. 1923).

debt adjustment See DEBT POOLING.

debt by simple contract See simple-contract debt.

debt by special contract See special-contract debt.

debt by specialty contract See special-contract debt.

debt capital Funds raised by issuing bonds.

debt capital- See CAPITAL.

debt consolidation 1. See DEBT POOLING. 2. The replacement of multiple loans from one or more lenders with a single loan from one lender, usu. with a lower monthly payment and a longer repayment period.

debt financing The raising offunds by issuing bonds or notes or by borrowing from a financial institution.

debt finandng See FINANCING.

debt instrument A written promise to repay a debt, such as a promissory note, bill, bond, or commercial paper.

debt limitation A ceiling placed on borrowing by an individual, business, or government. The constitutions of many states prohibit the states from incurring debt in excess of a stated amount. Other state constitutions allow states to incur debt above a stated amount only through a vote of the people. Also termed limitation on indebtedness.

debt of record A debt evidenced by a court record, such as a judgment.

debt of record- See DEBT.

debt pooling 1. Bankruptcy. An arrangement by which a person's debts are consolidated and creditors agree to accept lower monthly payments or to take less money. Also termed debt consolidation; debt adjustment. 2. An arrangement under which a debtor agrees to pay (1) a sum of money periodically or otherwise to a third person who will then distribute the money among certain specified creditors in accordance with a plan, and (2) a fee to the third person for his or her services as distributor. Debt-pooling in this manner is generally illegal if the arrangement is not made with a bank, attorney, judicial officer, retail-merchants' association, or nonprofit organization that provides debtcounseling services.

debt ratio A corporation's total long-term and short-term liabilities divided by the firm's total assets. A low debt ratio indicates conservative financing and thus usu. an enhanced ability to borrow in the future. Also termed debt-to-total-assets ratio.

debt retirement Repayment of debt; RETIREMENT (3).

debt security A security representing funds borrowed by the corporation from the holder of the debt obligation; esp., a bond, note, or debenture. - Generally, a debt security is any security that is not an equity See BOND (3).

debt security See SECURITY.

debt service 1. The funds needed to meet a long-term debt's annual interest expenses, principal payments, and sinking-fund contributions. 2. Payments due on a debt, including interest and principal.

debtee Archaic. See CREDITOR (1).

debt-equity ratio- See DEBT-TO-EQUITY RATIO.

debtor 1. One who owes an obligation to another, esp. an obligation to pay money. 2. Bankruptcy. A person who files a voluntary petition or against whom an involuntary petition is filed. - Also termed bankrupt. "Section 101 [of the Bankruptcy Code] also introduces us to the language of modern bankruptcy practice. It tells us, for instance, that the person whom a bankruptcy case concerns is a debtor. A person or a firm in bankruptcy is no longer called a bankrupt. Although that word retains some currency among lay people, among bankruptcy lawyers it sounds old-fashioned and precious." Douglas G, Baird, Elements of Bankruptcy 6 (2001 J. 3. Secured transactions. A person who either (I) has a property interest other than a security interest or other lien in collateral, even if the person is not an obligor, or (2) is a seller of accounts, chattel paper, payment intangibles, or promissory notes. UCC § 9-102(a)(28). - Abbr. Dr. Cf. CREDITOR.

debtor rehabilitation See REHABILITATION (3).

debtor s petition See voluntary petition.

debtor-in-possession Bankruptcy. A Chapter 11 or 12 debtor that continues to operate its business as a fiduciary to the bankruptcy estate. With certain exceptions, the debtor-in-possession has all the rights, powers, and duties of a Chapter 11 trustee, Abbr. DIP.

debtor's petition See voluntary petition under PETITION.

Debtor's Act of 1869 An English statute that, among other things, (1) abolished imprisonment for debt except in certain cases, as when a debtor owed a debt to the Crown or a debtor had money but refused to pay a debt, (2) abolished arrest by mesne process, that is, by compelling the defendant to appear and give bail unless it was believed that the defendant would leave the country, (3) made it a misdemeanor to obtain credit under false pretenses or to defraud creditors, and (4) defined how warrants and judgment orders would be executed.

debtor's examination- Bankruptcy. A meeting between a debtor and his or her creditors during which the creditors ask the debtor questions designed to uncover information about the location and extent of the debtor's assets and the dischargeability ofdebts. The examination may be conducted under § 343 of the Bankruptcy Code or Rule 2004 of the Federal Rules of Bankruptcy Procedure. The bankruptcy trustee may be present and preside over the initial § 343 examination, which is held shortly after the bankruptcy filing. But the party (usu. a creditor) who requests a Rule 2004 examination presides over the meeting, which can be held at any time. See 11 USCA § 343; Fed. R. Bankr. P. 2004,

debtor's property See PROPERTY OF THE DEBTOR.

debt-to-equity ratio A corporation's long-term debt divided by its owners' equity, calculated to assess its capitalization, Also termed debt-equity ratio; debt-to-net-worth ratio,

debt-to-total-assets ratio See DEBT RATIO.

DeCA abbr. DEFENSE COMMISSARY AGENCY,

decalvatio (dee-kal-vay-shee-oh). The act of cutting off a person's hair to symbolize a total loss of honor. Although some early legal historians interpreted this Germanic practice as scalping, a leading historian of the early 20th century insisted that it referred only to the cutting of hair. See Munroe Smith, The Development ofEuropean Law 99 (1928).

decanatus- (dek-a-nay-tas), n, [Law Latin]. A group of ten people; a decenary. See DECANUS,

decania (di-kay-nee-a), n. [Law Latin]. A dean's office; a dean's territory.

decanus (di-kay-nas), n. [fr. Greek dekanos "a dean"]. 1. Roman law. An officer commanding ten soldiers. 2, Eccles. & Civil law. A leader of ten people, as in decanus monasticus ("dean of ten monks"). 3. The dean of a cathedral.

decapitation (dee-kap-a-tay-shan). The act of cutting off a head; a beheading. This was once a common method of capital punishment.

decarceration See DISIMPRISONMENT.

decease See DEATH.

decease- To die; to depart from life.

deceased See DECEDENT.

decedent (di-see-dant), n. A dead person, esp. one who has died recently. This term is little used outside law. It typically appears in legal proceedings or administrative inquiries. Also termed deceased.

decedent's estate See ESTATE (3).

decedent's estate- The real and personal property that a person possesses at the time of death and that passes to the heirs or testamentary beneficiaries.

deceit 1. The act of intentionally giving a false impression <the juror's deceit led the lawyer to believe that she was not biased>. 2. A false statement of fact made by a person knowingly or recklessly (i.e., not caring whether it is true or false) with the intent that someone else will act upon it. See fraudulent misrepresentation under MISREPRESENTATION. 3. A tort arising from a false representation made knowingly or recklessly with the intent that another person should detrimentally rely on it <the new homeowner sued both the seller and the realtor for deceit after discovering termites>. See FRAUD; MISREPRESENTATION. deceive, vb. 'The tort of deceit consists in the act of making a wilfully false statement with the intent that the plaintiff shall act in reliance on it, and with the result that he does so act and suffers harm in consequence .... There are four main elements in this tort: (1) there must be a false represen· tation of fact; (2) the representation must be made with knowledge of its falsity; (3) it must be made with the inten· tion that it should be acted on by the plaintiff, or by a class of persons which includes the plaintiff, in the manner which resulted in damage to him; (4) it must be proved that the plaintiff has acted upon the false statement and has sustained damage by so doing." R.F.V. Heuston, Salmond on the Law of Torts 387 (17th ed. 1977).