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deceitful plea See sham pleading under PLEADING (1).

decem tales (des-em tay-leez), n. [Law Latin "ten such people"]. A writ directing a sheriff to summon ten people for a jury panel when a sufficient number have not already appeared.

decemviri litibus judicandis (di-sem-va-ri iI-ti-bas joo-da-kan-dis). [Latin "ten persons to decide lawsuits"]. Roman law. A group of five senators and five knights who assisted the elected magistrate in deciding legal disputes concerning liberty. Also spelled decemviri stlitibus judicandis.

decenary [fr. Latin decena "a tithing"]. A town or district consisting of ten freeholding families. A freeholder of the decenary (a decennarius) was bound by frankpledge to produce any wrongdoer living in the decenary. Also spelled (incorrectly) decennary. Also termed decmna; tithing. Cf. FRANKPLEDGE. "The civil division of the territory of England is into counties, of those counties into hundreds, of those hundreds into tithi ngs or towns. Which division, as it now stands, seems to owe its original to king Alfred; who, to prevent the rapines and disorders which formerly prevailed in the realm, instituted tithings; so called from the Saxon, because ten freeholders, with their families, composed one. These all dwelt together, and were sureties or free pledges to the king for the good behavior of each other; and, if any offence was committed in their district, they were bound to have the offender forthcoming. And therefore anciently no man was suffered to abide in England above forty days, unless he were enrolled in some tithing or decennary." 1 William Blackstone, Commentaries on the Laws of England 110 (1765).

decency The state of being proper, as in speech or dress; the quality of being seemly.

decenna (di-sen-a), n. [fr. Latin decem "ten"]. See DECENARY.

decennarius (des-a-nair-ee-as), n. [Law Latin "a deciner"]. One of ten families of freeholders comprising a decennary. See DECENARY.

decennary See DECENARY.

deceptive act As defined by the Federal Trade Commission and most state statutes, conduct that is likely to deceive a consumer acting reasonably under similar circumstances. Also termed deceptive practice; deceptive sales practice.

deceptive advertising See FALSE ADVERTISING.

deceptive practice See DECEPTIVE ACT.

deceptive sales practice See DECEPTIVE ACT.

deceptive warranty See WARRANTY (2).

decern (di-sarn), vb. Scots law. To decree; to give final judgment. "Before the judgment or interlocutor of any court in Scotland can be extracted, to the effect of warranting execution, it must import a decree. Hence, all extractable judgments close with the word 'decern.'" William Bell, Bell's Dictionary and Digest of the Law of Scotland 287 (George Watson ed., 7th ed. 1890).

decertify 1. To revoke the certification of. 2. To remove the official status of (a labor union) by withdrawing the right to act as a collective-bargaining agent. 3. (Of a court) to overrule a previous order that created a class for purposes of a class action; to officially undo (a class). Cf. CERTIFY. - decertification, n.

decessus (di-ses-as), n. [fr. Latin decedere "to depart"]. 1. Roman law. A death. 2. A departure. This term has been used in both the civil and common law, esp. in reference to the desertion of a ground in a previous pleading in favor of another. See DEPARTURE.

decimae garbales (des-i-mee gahr-bay-leez). [Law Latin]. Eccles. law. Tithe sheaves; grain tithes. The parish rector was entitled to each tenth sheaf of the cut grain as a tithe.

decimae rectoriae (des-i-mee rek-tor-ee-ee). [Law Latin]. Eccles. law. Parsonage tithes; that is, fixed tithes payable to the parson of a parish. The right to levy such tithes could not be lost by prescription.

decimae vicariae (des-i-mee vi-kair-ee-ee). [Law Latin]. Eccles. law. Vicarage tithes. Vicars received tithes from various sources (such as from wool or eggs) according to need or custom. The right to levy them could not be lost by prescription.

decimation (des-a-may-shan). 1. A major destruction of people; a great loss of life. 2. A tithing; a payment of the tenth part. 3. Hist. A punishment, esp. by death, of every tenth person by lot. Under Roman law, decimatio referred to the punishment by lot of every tenth soldier in a legion for mutiny or cowardice.

decision 1. A judicial or agency determination after consideration of the facts and the law; esp., a ruling, order, or judgment pronounced by a court when considering or disposing of a case. See JUDGMENT (1); OPINION (1). - decisional, adj.

decision on the merits See judgment on the merits under JUDGMENT.

decisionallaw See CASELAW.

decision-making responsibility The authority to come to a binding resolution of an issue. For example, in child-rearing, decision-making responsibility involves the authority to make significant decisions on a child's behalf, including decisions about education, religious training, and healthcare.

decisive oath An oath by a party in a lawsuit, used to decide the case because the party s adversary, not being able to furnish adequate proof, offered to refer the decision of the case to the party. - Also termed decisory oath.

decisive oath See OATH.

decisory oath See decisive oath under OATH.

Decker test See SUBJECT-MATTER TEST.

declarant (di-klair-ant), n 1. One who has made a statement <in accordance with the rules of evidence, the statement was offered to prove the declarant's state of mind>. 2. One who has signed a declaration, esp. one stating an intent to become a U.S. citizen <the declarant grew up in Italy>. - declarant, adj.

declaration 1. A formal statement, proclamation, or announcement, esp. one embodied in an instrument. Cf. AFFIDAVIT.

declaration after final rejection See affidavit after final rejection under AFFIDAVIT.

declaration against interest A statement by a person who is not a party to a suit and is not available to testify at trial, discussing a matter that is within the declarant's personal knowledge and is adverse to the declarant's interest. Such a statement is admissible into evidence as an exception to the hearsay rule. Fed. R. Evid. 804(b)(3). Also termed seif-disserving declaration. See admission against interest under ADMISSION (1).

declaration date Corporations. The date when corporate directors declare a dividend. Cf. DIVIDEND DATE; EX-DIVIDEND DATE.

declaration date- See DATE.

declaration in chief A declaration for the principal cause of action. 8. A formal, written statement resembling an affidavit but not notarized or sworn to - that attests, under penalty of perjury, to facts known by the declarant. Such a declaration, if properly prepared, is admissible in federal court with the same effect as an affidavit. 28 USCA § 1746. - Also termed declaration under penalty ofperjury; unsworn declaration under penalty of perjury. Cf. AFFIDAVIT; sworn statement under STATEMENT. 9. lnt'llaw. An oral or written statement, unilaterally made, by which a state expresses its will, intent, or opinion when acting in the field of international relations. 10. See declaratory judgment under JUDGMENT. 11. DECLARATION OF RIGHTS. - declare, vb-declaratory, adj.

declaration of a desire for a natural death See LIVING WILL.

declaration of alienage A declaration by a person with dual citizenship of a wish to renounce the citizenship of one state. For the declaration to be effective, the person making it must be of full age and not under any disability.

declaration of alienage. See DECLARATION (1) See DECLARATION (1).

declaration of continued use See DECLARATION OF USE.

declaration of default A creditor's notice to a debtor regarding the debtor's failure to perform an obligation, such as making a payment.

declaration of dividend A company's setting aside of a portion of its earnings or profits for distribution to its shareholders. See DIVIDEND.

declaration of estimated tax A required IRS filing by certain individuals and businesses of current estimated tax owed, accompanied by periodic payments of that amount. The requirement ensures current collection of taxes from taxpayers (such as self-employed persons) whose incomes are not fully taxed by payroll withholding. IRC (26 USCA) §§ 6315, 6654.

declaration of homestead A statement required to be filed with a state or local authority to prove property ownership in order to claim homesteadexemption rights. See HOMESTEAD.

declaration of incontestability Trademarks. A sworn statement submitted by the owner of a registered mark after five years of registration, averring that the mark has been in continuous use in commerce for at least five consecutive years since registration, that the mark has not become generic, that there has been no final adverse decision to ownership in the mark, and that there is no pending proceeding in the U.S. Patent and Trademark Office or courts involVing the mark. The statement entitles the mark to immunity from some legal challenges under § 15 of the Lanham Act. Also termed affidavit of incontestability; affidavit under § 15; declaration under § 15; Section 15 affidavit; Section 15 declaration.

Declaration of Independence The formal proclamation of July 4, 1776, in the name of the people of the American colonies, asserting their independence from the British Crown and announcing themselves to the world as an independent nation.

declaration of intention An alien's formal statement resolving to become a U.S. citizen and to renounce allegiance to any other government or country.

declaration of legitimacy A formal or legal pronouncement that a child is legitimate.

declaration of legitimacy- See DECLARATION (1).

declaration of no defenses See WAIVER OF DEFENSES.

declaration of pain A person's exclamation of present pain, which operates as an exception to the hearsay rule. Fed. R. Evid. 803(3).

declaration of pain- See DECLARATION (6).

Declaration of Paris An international agreement, signed by Great Britain, France, Turkey, Sardinia, Austria, Prussia, and Russia in 1856 (at the end of the Crimean War), providing that (1) privateering is illegal, (2) with the exception of contraband, a neutral flag covers an enemy's goods, (3) with the exception of contraband, neutral goods cannot be confiscated under a hostile flag, and (4) a blockade must work to be binding. The agreement was later adopted by most other maritime powers, except the United States and a few others. ''The Declaration of Paris is one of the greatest triumphs won by commercial interests over the strict rules of maritime warfare. Its importance resides in its first three articles. Article 4 did no more than formulate a principle acknowledged for more than a century. Construed strictly it requires an impossibility; for no blockade, however strict, can always 'prevent access to the coast of the enemy.' But it is clear that the words were meant to be understood in a reasonable sense as merely prohibitory of ineffective or 'paper' blockades .... Article 1 struck at a most objectionable practice. The current of opinion had long been running strongly against the use of privateers .... Article 2 ... has provoked an enormous amount of controversy. Together with Article 3 it amounted to a new departure in the law of maritime capture. Up to 1856 the great naval powers had been divided between the old principle that the liability of goods to capture should be determined by the character of their owner, and the more modern principle ... that the character of the ship in which the goods were laden should settle their fate." 1 R.H. Inglis Palgrave, Palgrave's Dictionary of Political Economy 520-21 (Henry Higgs ed., 2d ed. 1925).

declaration of restrictions Property. A statement of all the covenants, conditions, and restrictions affecting a parcel ofland, usu. imposed and recorded by a developer of a subdivision. The restrictions usu. promote a general plan of development by requiring all lot owners to comply with the specified standards, esp. for buildings. The restrictions run with the land. - Sometimes also written declarations of restrictions.

declaration of rights 1. An action in which a litigant requests a court's assistance not because any rights have been violated but because those rights are uncertain. Examples include suits for a declaration of legitimacy, for declaration of nullity of marriage, and for the authoritative interpretation of a will. 2. See declaratory judgment under JUDGMENT. - Often shortened to declaration.

declaration of state of mind A person's state-of mind statement that operates as an exception to the hearsay rule. Fed. R. Evid. 803(3).

declaration of state of mind- See DECLARATION (6).

Declaration of Taking Act The federal law regulating the government's taking of private property for public use under eminent domain. 40 USCA § 3114 et seq. Fair compensation must be paid for the property.

declaration of trust 1. The act by which the person who holds legal title to property or an estate acknowledges that the property is being held in trust for another person or for certain specified purposes. 2. The instrument that creates a trust. - Also termed (in sense 2) trust instrument; trust deed; trust agreement.

declaration of trust- See DECLARATION (1).

declaration of use Trademarks. A sworn statement submitted by a registered mark's owner averring that the registered mark is currently in use in commerce, and providing a specimen or facsimile of the mark's use. The § 8 affidavit must be filed (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration. If a registered mark's owner fails to file a § 8 affidavit within the required time, the U.S. Patent and Trademark Office may cancel the registration. The term comes from § 8 of the Lanham Act. Also termed affidavit ofcontinued use; affidavit of use; affidavit under § 8; declaration ofcontinued use; declaration under § 8; Section 8 declaration; statement of use. Cf. INCONTESTABILITY STATUS; CANCELLATION.

declaration of war A country's announcement that it is officially engaged in war against another country. 4. A document that governs legal rights to certain types of real property, such as a condominium or a residential subdivision. 5. A listing of the merchandise that a person intends to bring into the United States. This listing is given to U.S. Customs when one enters the country. 6. Evidence. An unsworn statement made by someone having knowledge of facts relating to an event in dispute.

declaration of war- See DECLARATION (3).

declaration ofalienage See DECLARATION (1).

declaration under § 15 See DECLARATION OF INCONTESTABILITY.

declaration under § 8 See DECLARATION OF USE.

declaration under penalty of perjury See DECLARATION (8).

declarator See action ofdeclarator under ACTION (4).

declarator of trust (di-klar-a-tar or di-klair-a-tar or -tor). A common-law action against a trustee who holds property under a title ex facie for the trustee's own benefit.

declaratory (di-klar-a-tor-ee or di-klair-), adj. 1. Clear; manifest <a declaratory statute>. 2. Explanatory <a declaratory judgment>.

declaratory- See action ofdeclarator under ACTION.

declaratory act See declaratory statute under STATUTE.

declaratory decree See declaratory judgment under JUDGMENT.

declaratory judgment A binding adjudication that establishes the rights and other legal relations of the parties without providing for or ordering enforcement. Declaratory judgments are often sought, for example, by insurance companies in determining whether a policy covers a given insured or peril. Also termed declaratory decree; declaration.

declaratory judgment See JUDGMENT.

declaratory part of a law A portion of a law clearly defining rights to be observed or wrongs to be avoided.

declaratory precedent See PRECEDENT.

declaratory precedent A precedent that is merely the application of an already existing legal rule.

declaratory relief See RELIEF.

declaratory statute See STATUTE.

declaratory statute A law enacted to clarify prior law by reconciling conflicting judicial decisions or by explaining the meaning of a prior statute. - Also termed expository statute.

declaratory theory The belief that judges' decisions never make law but instead merely constitute evidence of what the law is.o This antiquated view held by such figures as Coke and Blackstone is no longer accepted. ''There are ... at least three good reasons why the declaratory theory should have persisted for some time after the modern English doctrine [of precedent] had begun to take shape. In the first place, it appealed to believers in the separation of powers, to whom anything in the nature of judicial legislation would have been anathema. Secondly, it concealed a fact which Bentham was anxious to expose, namely, that judge-made law is retrospective in its effect. If in December a court adjudges that someone is liable, in consequence of his conduct during the previous January, it would certainly appear to be legislating retrospectively, unless the liability is based on an earlier Act of Parliament, or unless the court is simply following a previous decision. A way of disguising the retrospective character of such a judgment would be to maintain the doctrine that the court really was doing no more than state a rule which anyone could have deduced from well-known principles or common usage, for the conduct in question would then have been prohibited by the law as it stood in January. The third reason for the persistence of the declaratory theory may be thought to justify its retention in a revised form today. When confronted with a novel point, judges always tend to speak as though the answer is provided by the com mon law." Rupert Cross &J.w. Harris, Precedent in English Law 30 (4th ed. 1991).

declaratory-judgment act A federal or state law permitting parties to bring an action to determine their legal rights and positions regarding a controversy not yet ripe for adjudication, as when an insurance company seeks a determination of coverage before deciding whether to cover a claim. 28 USCA §§ 2201, 2202. See declaratory judgment under JUDGMENT.

declared trust See express trust under TRUST.

declination (dek-Ia-nay-shan). 1. A deviation from proper course <declination of duty>. 2. An act of refusal <declination of a gift>. 3. A document filed by a fiduciary who chooses not to serve. 4. At common law, a plea to the court's jurisdiction by reason of the judge's personal interest in the lawsuit. Also termed (esp. in sense 2) declinature.

declinatory exception (di-klin-a-tor-ee). See EXCEPTION (1).

declinatory exception- (di-klin-a-tor-ee). Louisiana law. An exception to a court's jurisdiction. Grounds for refusing to submit to a court's jurisdiction include lack of personal jurisdiction and insufficient service of process.

declinatory plea A pretrial plea claiming benefit of clergy. Also termed plea ofsanctuary. See BENEFIT OF CLERGY.

declining-balance depreciation method See DEPRECIATION METHOD.

declining-balance depreciation method- A method of computing the annual depreciation allowance by multiplying the asset's undepreciated cost each year by a uniform rate that may not exceed double the straight-line rate or 150 percent.

decollatio (dee-kah-lay-shee-oh), n. [fr. Latin de "off" + collum "neck"]. In England and Scotland, an act of beheading. See DECAPITATION.

decolonization The process by which a colonial power divests itself of sovereignty over a colony whether a territory, a protectorate, or a trust territoryso that the colony is granted autonomy and eventually attains independence.

deconstruction In critical legal studies, a method of analyzing legal principles or rules by breaking down the supporting premises to show that these premises might also advance the opposite rule or result. Also termed trashing. deconstructionist, adj. & n.

decorum Parliamentary law. The customs of formality and courtesy observed by the members and chair in conducting business.

decoy An undercover law-enforcement officer or agent who acts as the willing subject ofan attempted or completed crime in an attempt to lure a potential criminal defendant into a situation that establishes the grounds for a prosecution.

decoy- To entice (a person) without force; to inveigle <the victim was decoyed out of her home> <the defendant was decoyed into the county and then served with process>. See ENTRAPMENT.

decoy letter A letter prepared and mailed to detect a criminal who has violated the postal or revenue laws.

decreased capacity A diminution in a person's physical ability because of an illness, injury, or impairment.

decreased capacity- See CAPACITY (4).

decreaSing term insurance See INSURANCE.

decreasing term insurance Insurance that declines in value during the term; esp., life insurance that lessens in value to zero by the end of the term.