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decreaSing-term life insurance See decreasing term insurance under INSURANCE.

decree 1. Traditionally, a judicial decision in a court of equity, admiralty, divorce, or probate similar to a judgment of a court of law <the judge's decree in favor of the will's beneficiary>. 2. A court's final judgment. 3. Any court order, but esp. one in a matrimonial case <divorce decree>. See JUDGMENT; ORDER (2); DECISION. "The chief differences between decrees in equity and judgments at common law are as follows: The former are pronounced by courts of equity; the latter, by courts of law. The former result from an investigation and determi· nation of the rights of the parties by the means provided and according to the principles recognized in equity jurisprudence; the latter result from an investigation and determination made by the more limited means and more inflexible rules of the common law. The former may be adjusted to all the varieties of interest and of circumstance, and may contain such directions as are needed to carry them into effect, both in letter and in spirit; the latter are in an invariable form, general in terms, and absolute for plaintiff or defendant. And the former often enforce rights not recognized by the common law .... The term 'judgment' is frequently used in a broad sense to include decrees in equity." 1 A.C. Freeman, A Treatise ofthe Law ofJudgments§ 12, at 23-24 (Edward W. Tuttle ed., 5th ed. 1925).

decree absolute A ripened decree nisi; a court's decree that has become unconditional because the time specified in the decree nisi has passed. - Also termed order absolute; rule absolute.

decree absolvitor- (ab-zol-vi-tar or -tor), n. Scots law. A judgment for a defendant, either by a dismissal of a claim or by an acquittal. Also termed decreet absolvitor.

decree ad factum praestandum Scots law. A court order requiring that a party specifically perform an act, such as to deliver property. See IMPRISONMENT FOR DEBT.

decree arbitral (ahr-bi-tral), n. Scots law. 1. An arbitration award. 2. A form for an arbitration award. Also termed decreet arbitral.

decree cognitionis causa (kog-nish-ee-oh-nis kaw-za), n. Scots law. A judgment in a suit involving a plaintiff creditor suing a debtor's heir to attach the heir's lands. - Also termed decreet cognitionis causa.

decree condemnator (kon-dem-nay-tar or -tor), n. Scots law. A judgment for the plaintiff. - Also termed decreet condemnator.

decree dative Scots law. A decree appointing an executor.

decree nisi (ni-si). A court's decree that will become absolute unless the adversely affected party shows the court, within a specified time, why it should be set aside. - Also termed nisi decree; order nisi; rule nisi. See NISI.

decree nunc pro tunc See judgment nunc pro tunc under JUDGMENT.

decree of constitution Scots law. A judgment declaring the extent of a debt or obligation.

decree of distribution An instrument by which heirs receive the property ofa deceased person.

decree of forthcoming Scots law. A court order that commands a third party in possession of a debtor's property to deliver the property to the creditor for liquidation or satisfaction of a debt. - Also termed decree offurthcuming

decree of furthcuming See decree offorthcoming under DECREE.

decree of insolvency A probate-court decree declaring an estate's insolvency.

decree of locality Scots law. A Teind Court order allocating what share of a clergyman's stipend will be paid by each heir in the parish.

decree of modification Scots law. A Teind Court order modifying a stipend for the clergy.

decree of nullity A decree declaring a marriage to be void ab initio. See ANNULMENT; NULLITY OF MARRIAGE.

decree of registration 1. A court order that quiets title to land and directs recording of the title. 2. Scots law. CONFESSION OF JUDGMENT.

decree of valuation Scots law. A decree of the Teind Court determining the extent and value of a heritor's teinds.

decree pro confesso (proh kan-fes-oh). Equity practice. A decree entered in favor of the plaintiff as a result of the defendant's failure to timely respond to the allegations in the plaintiff's bill; esp., a decree entered when the defendant has defaulted by not appearing in court at the prescribed time. - Also termed decree taken pro confesso. "A decree pro confesso in equity is similar to a default judgment in an action at law. If a defendant in an equity suit fails to answer the plaintiff's petition within the prescri bed time period, the bill will be taken pro confesso, and a decree entered in favor of the plai ntiff ... However, whereas a default judgment in an action at law effects an admission of pleaded facts and conclusions of law ... a decree pro confesso in an equity action admits only the material and well pleaded facts in the petition and does not admit the legal claims upon which the plaintiff seeks relief ..· 27A Am. Jur. 2d Equity § 249. at 733-34 (1996).

decree taken pro confesso See decree pro confesso under DECREE.

decreet (di-kreet), n. [fr. Latin decretum] Archaic Scots law. A court's final judgment; a decree. Decree is now the usual term.

decreet absolvitor (ab-zol-vi-tar or -tor), n. See decree absolvitor under DECREE.

decreet arbitral (ahr-bi-tral), n. See decree arbitral under DECREE.

decreet cognition is causa (kog-nish-ee-oh-nis kaw-za), n. See decreet cognitionis causa under DECREE.

decreet condemnator (kon-dem-nay-tar or -tor), n. See decree condemnator under DECREE.

decrementum maris (dek-ra-men-tam mar-is). [Latin "decrease of the sea"] The receding of the sea from the land.

decrepit (di-krep-it), adj. (Of a person) disabled; physically or mentally incompetent to such an extent that the individual would be helpless in a personal conflict with a person of ordinary health and strength.

decreta (di-kree-ta), n. [Latin "decisions"]. Roman law. Judgments of magistrates; esp., sentences pronounced by the emperor as the supreme judge. See DECRETUM. "Decreta. In Roman law decisions of magistrates given after investigation of a case by cognitio .. and in particular, decisions of the emperor as judge of first instance after trial by cognitio, or as a judge of appeal. As the highest authority in the State the emperor could interpret the law freely and even introduce new principles. Consequently imperial deCisions were authoritative interpretations of the law or even innovatory and regarded as statements binding for the future. and as such quoted by the jurists. They were not only communicated to the parties but recorded in the records of the imperial court and private personsmight obtain copies of them." David M. Walker, The Oxford Companion to Law 343 (1980).

decretal (di-kree-tal), adj. Of or relating to a decree.

decretal child support Child support provided for in a divorce decree or modification order.

decretal child support- See CHILD SUPPORT.

decretal interdict See INTERDICT (1).

decretal interdict (di-kreet-al). An interdict that signified the praetors order or decree by applying the remedy in a pending case.

decretal order (di-kree-tal). A court of chancery s interlocutory order that is issued on motion of a party and has the effect of a final decree. See decree nisi under DECREE.

decretal order See ORDER (2).

decretals (di-kree-talz), n. Eccles. law. Canonical epistles written either by the Pope or by the Pope and his cardinals to settle controversial matters; esp., the second part of the Corpus juris Canonici, canonical epistles consisting mainly of: (1) Decretales Gregorii Noni, a collection by Raymundus Barcinius, chaplain to Gregory IX, dating from about 1227; (2) Decretales Bonifacii Octavi, a collection by Boniface VIII in the year 1298; (3) Ciementinae, a collection ofClement V, published in the year 1308; and (4) the Extravagantes, a collection by John XXII and other bishops. Also termed (in Law Latin) Decretales. See CANON LAW.

decretist (di-kree-tist), n. In medieval universities, a law student; esp., a student or commentator on Gratian's Decretum.

decretum (di-kree-tam), n. [Latin "a decision having mandatory force"]. 1. Roman law. A decision of a magistrate, esp. a judgment by the emperor at first instance or on appeal. A decretum of the emperor was a type of imperial constitution. 2. Eccles. law. An ecclesiastical law, as distingUished from a secular law. See DECRETA. Pl. decreta.

Decretum Gratiani (di-kree-tam gray-shee-ay-ni), n. [Latin "Gratian's decree"]. See CONCORDIA DlSCORDANTIUM CANONUM.

decriminalization The legislative act or process of legalizing an illegal act <many doctors seek the decriminalization of euthanasia>. Cf. CRIMINALiZATION (1). decriminalize, vb.

decrowning The act of depriving someone of a crown.

decry (di-kri), vb. To speak disparagingly about (someone or something).

decurio (di-kyoor-ee-oh), n. [Latin "a decurion"]. Roman law. A municipal senator belonging to a municipal council responsible for managing the internal affairs of the municipality.

dedes tantum (desh-ee-eez or dee-shee-eez tan-tam), n. [Law Latin "ten times as much"]. A writ ordering a juror who accepted a bribe for a verdict to pay ten times the bribery amount, half to the suing party and half to the Crown. "Decies tantum is a writ that lies where a juror in any inquest takes money of the one part or other, to give his verdict; then he shall pay ten times as much as he hath received: and everyone that will sue may have this action, and shall have the one half, and the king the other .... And the same law is of all other actions popular, where one part is to the king, the other to the party that sues. Also the embracers, who procure such inquests, shall be punished in the same manner, and they shall have imprisonment a year. But no justice shall inquire thereof ex officio, but only at the suit of the party." Termes de la Ley 146 (l st Am. ed. 1812).

dedi (dee-di). [Latin]. I have given. Dedi is a conveyancing term that implies a warranty of title. Cf. CONCESSI. "Dedi is a warranty in law to the feoffee and his heirs: as if it be said in a feoffment A. B. hath given and granted, &c. it is a warranty." Termes de fa Ley 148 (1st Am. ed. 1812).

dedi et concessi (dee-di et bn-ses-i). [Law Latin]. 1. have given and conveyed. These were the words generally used to convey a gift.

dedication Property. The donation ofland or creation ofan easement for public use. - dedicate, vb. dedicatory, adj.

dedication and reservation A dedication made with reasonable conditions, restrictions, and limitations.

dedication by adverse user A dedication arising from the adverse, exclusive use by the public with the actual or imputed knowledge and acquiescence of the owner.

dedication day A day on which people from several villages gathered in one place to celebrate the feast day of the saint and patron of a church.

dedication day- See DAY.

dedimus et concessimus (ded-a-mas et kan-ses-i-mas). [Law Latin]. We have given and granted. These words were used in a conveyance when there was more than one grantor or when the grant was from the Crown.

dedimus potestatem (ded-a-mas poh-tes-tay-tam). [Law Latin "we have given power"]. 1. A commission issuing from the court before which a case is pending, authorizing a person named in the commission to compel the attendance of certain witnesses, to take their testimony on the written interrogatories and cross-interrogatories attached to the commission, to reduce the answers to writing, and to send it sealed to the court issuing the commission. 2. In England, a chancery writ commissioning the persons named in the writ to take certain actions, including administering oaths to defendants and justices of the peace. The writ was formerly used to commission a person to take action such as acknowledging a fine and appointing an attorney for representation in court. Before the Statute of Westminster (1285), an attorney could not appear on behalf of a party without this writ. - Also termed dedimus potestatem de attomo faciendo. "Dedimus potestatem is a writ that lies where a man sues in the king's court, or is sued, and cannot well travel, then he shall have this writ directed to some justice, or other discreet person in the country, to give him power to admit some man for his attorney, or to levy a fine, or to take his confession, or his answer, or other examination, as the matter requires." Termes de la Ley 148 (lst Am. ed. 1812).

dediticii (ded-i-tish-ee-i or dee-di-ti-shee-i), n. pl. [Latin "those who have surrendered"]. Roman law. The lowest class of freemen whose members were ineligible for Roman citizenship, including enemies granted freedom in exchange for surrender, or, under the Lex Aelia Sentia, manumitted slaves convicted of a crime in a court, or branded or put in chains by their former owners. Dediticii who were formerly slaves were not allowed to live within 100 miles of Rome. Justinian abolished this status. Also spelled dedititii. - Sing. dediticius, dedititius. "Dediticii ... were not reduced to slavery, but to a condition quite analogous. They were not allowed to make a will, or to take under one; they never obtained Roman citizenship. and they could not come within one hundred miles of the city of Rome." Andrew Stephenson, A History of Roman Law § 119, at 324 (1912). "Slaves who before manumission had been subjected to degrading punishment (e.g, had been branded or made to fight in the arena) were given, on manumission, a special status, viz. that of enemies surrendered at discretion (dediricii). A dediticius, though free and not a slave, had none of the rights of a citizen, could never under any circumstances better his position (e.g. become a citizen), and was not allowed to live within 100 miles of Rome." R.w. Leage, Roman Private Law 67 (C.H. Ziegler ed., 2d ed. 1942).

dedition (di-dish-an), n. [fr. Latin deditio "give up"]. A surrender of something, such as property.

dedmae (des-a-mee), n. [fr. Latin decem "ten"]. Eccles. law. 1. The tenth part of the annual profits of a benefice originally payable to the Pope, and later to the Crown by 26 Hen. 8, ch. 3. "The tenths, or decimae, were the tenth part of the annual profit of each living ... which was also claimed by the holy see .... But this claim of the pope met with a vigorous resistance from the English parliament; and a variety of acts were passed to prevent and restrain it .... But the popish clergy, blindly devoted to the will of a foreign master, still kept it on foot; sometimes more secretly, sometimes more openly and avowedly .... And, as the clergy expressed this Willingness to contribute so much of their income to the head of the church, it was thought proper (when in the same reign the papal power was abolished, and the king was declared the head of the church of England) to annex this revenue to the crown, ..." 1 William Blackstone, Com· mentaries on the Laws of England 274 (1765). 2. Tithes paid to the church, often in grain or wool.

deductible Capable of being subtracted, esp. from taxable income. See DEDUCTION (2).

deductible- 1. Under an insurance policy, the portion of the loss to be borne by the insured before the insurer becomes liable for payment. Cf. SELF-INSURED RETENTION.

deduction 1. The act or process of subtracting or taking away. 2. Tax. An amount subtracted from gross income when calculating adjusted gross income, or from adjusted gross income when calculating taxable income. Also termed tax deduction. Cf. EXEMPTION (3); TAX CREDIT.

deduction for new See NEW-FOR-OLD (1).

deduction in respect of a decedent A deduction that accrues to the point of death but is not recognizable on the decedent's final income-tax return because of the accounting method used, such as an accrued-interest expense of a cash-basis debtor.

deduction in respect of a decedent- See DEDUCTION.

deductis debitis (di-dak-tis deb-i-tis). [Latin]. The debts being deducted. Before an estate could be ascertained, the debts had to be deducted.

deed 1. Something that is done or carried out; an act or action. 2. A written instrument by which land is conveyed. 3. At common law, any written instrument that is Signed, sealed, and delivered and that conveys some interest in property. See special contract & contract under seal under CONTRACT. Also termed (in senses 2 & 3) evidence of title. Cf. CONVEYANCE; BILL OF SALE. deed, vb. "A deed is a writing sealed and delivered. For if either a parchment without writing be delivered as one's deed, yet it is not his deed, though an obligation be afterwards written in it: or if it be a writing but not sealed at the time of the delivery of it as his deed, it is a scrole and not his deed. Or if I make and seal a deed, and the party take it without my delivery. I may plead it is not my deed." Sir Henry Finch, Law, or a Discourse Thereof 108 (1759). "What then is a deed? Unfortunately the word is not free from ambiguity. In the original and technical sense a deed is a written instrument under the seal of the party executing it. Because, however, of the wide use of such instruments in the conveyance of real estate, it has come to mean in popular acceptance any formal conveyance for the transfer of land or of an interest therein. The dual use of the term has crept into the language of courts and law writers, so that in the reading of cases it is difficult to determine whether the word is used in the first and original sense, or whether it connotes a formal instrument of the type ordinarily employed for the conveyance of land." Ray Andrews Brown, The Law of Personal Property § 46, at 118-19 (2d ed. 1955). "All deeds are documents. but not all documents are deeds. For instance, a legend chalked on a brick wall, or a writing tattooed on a sailor's back may be documents but they are not deeds. A deed is, therefore, a particular kind of document.

deed absolute See absolute deed.

deed box Archaic. A box in which deeds of land title are traditionally kept. Such a box is considered an heirloom in the strict sense. See HEIRLOOM (1).

deed in fee A deed conveying the title to land in fee simple, usu. with covenants.

deed in lieu of foreclosure A deed by which a borrower conveys fee-simple title to a lender in satisfaction of a mortgage debt and as a substitute for foreclosure. This deed is often referred to simply as "deed in lieu."

deed of agency A revocable, voluntary trust for payment of a debt.

deed of covenant A deed to do something, such as a document providing for periodic payments by one party to another (usu. a charity) for tax-saving purposes. The transferor can deduct taxes from the payment and, in some cases, the recipient can reclaim the deducted tax.

deed of crime See ACTUS REGS.

deed of distribution A fiduciary's deed conveying a decedent's real estate.

deed of feoffment See FEOFFMENT (3).

deed of gift A deed executed and delivered without consideration. Also termed gratuitous deed.

deed of inspectorship An instrument reflecting an agreement between a debtor and a creditor to appoint a receiver to oversee the winding up of the debtor's affairs on behalf of the creditor.

deed of partition A deed that divides land held by joint tenants, tenants in common, or coparceners.

deed of reconveyance A deed conveying title to real property from a trustee to a grantor when a loan is repaid. Cf. deed oftrust.

deed of reconveyance- See DEED.

deed of release A deed that surrenders full title to a piece of property upon payment or performance of specified conditions.

deed of separation An instrument governing a spouse's separation and maintenance.

deed of trust A deed conveying title to real property to a trustee as security until the grantor repays a loan. This type of deed resembles a mortgage. - Also termed trust trust indenture; indemnity mortgage; common-law mortgage. Cf. deed of reconveyance.

deed of trust- See DEED.

deed oj settlement 1. A deed to settle something, such as the distribution of property in a marriage. 2. English law. A deed formerly used to form a jointstock company.

deed poll A deed made by and binding on only one party, or on two or more parties having similar interests. It is so called because, traditionally, the parchment was "polled" (that is, shaved) so that it would be even at the top (unlike an indenture). Also spelled deed-poll. Cf. INDENTURE.

deed to lead uses A common-law deed prepared before an action for a fine or common recovery to show the object of those actions.

deed without covenants See quitclaim deed.

deem 1. To treat (something) as if (1) it were really something else, or (2) it has qualities that it does not have <although the document was not in fact signed until April 21, it explicitly states that it must be deemed to have been signed on April 14>. 2. To consider, think, or judge <she deemed it necessary>. '''Deem' has been traditionally considered to be a useful word when it is necessary to establish a legal fiction either positively by 'deeming' something to be what it is not or negatively by 'deeming' something not to be what it is.... All other uses of the word should be avoided .... Phrases like 'if he deems fit' or 'as he deems necessary' or 'nothing in this Act shall be deemed to .. .' are objectionable as unnecessary deviations from common language. 'Thinks' or 'considers' are preferable in the first two examples and 'construed' or 'interpreted' in the third .... 'Deeming' creates an artificiality and artificiality should not be resorted to if it can be avoided," G.c. Thornton, Legislative Drafting 99 (4th ed. 1996).

deemed transferor A person who holds an interest in a generation-skipping trust on behalf of a beneficiary, and whose death will trigger the imposition of a generation-skipping transfer tax. A deemed transferor is often a child of the settlor. For example, a grandfather could establish a trust with income payable for life to his son (who, because he is only one generation away from his father, is also known as a nonskip person) with the remainder to his grandson, a beneficiary also known as the skip person. When the son dies, the trust will be included in his gross estate for determining the generation-skipping transfer tax. IRC (26 USCA) §§ 2601-2663. See GENERATION-SKIPPING TRANSFER; generation-skipping transfer tax under TAX; generation-skipping trust under TRUST; SKIP PERSON; NONSKIP PERSON.

deeoctor (di-kok-tar or -tor), n. [fr. Latin deciquere "to waste"). Roman law. A bankrupt; a defaulting debtor.

deep issue The fundamental issue to be decided by a court in ruling on a point of law. A deep issue is usu. briefly phrased in separate sentences, with facts interwoven (in chronological order) to show precisely what problem is to be addressed. Cf. surface issue. "Essentially, a deep issue is the ultimate, concrete question that a court needs to answer to decide a point your way. Deep refers to the deep structure of the case not to deep thinking. The deep issue is the final question you pose when you can no longer usefully ask the follow-up question, And what does that turn on? Bryan A. Garner, The Winning Brief 56 (2d ed. 2004).

deep issue See ISSUE (1).

deep link Intellectual property. A Web-page hyperlink that, when clicked, opens a page on another website other than that site's home page.o Some plaintiffs have argued, with mixed success, that bypassing their home page in this manner deprives them of advertising revenue. Deep linking does not violate copyright if the portal provided does not copy any of the linked page's content. And if there is no confusion about the source of the information, deep linking does not constitute unfair competition.

deep of inspectorship See DEED.

deep pocket 1. (pl.) Substantial wealth and resources <the plaintiff nonsuited the individuals and targeted the corporation with deep pockets>. 2. A person or entity with substantial wealth and resources against which a claim may be made or a judgment may be taken <that national insurance company is a favorite deep pocket among plaintiff's lawyers>.

Deep Rock doctrine Bankruptcy. The principle by which unfair or inequitable claims presented by controlling shareholders of bankrupt corporations may be subordinated to claims of general or trade creditors. The doctrine is named for a corporation that made fraudulent transfers to its parent corporation in Taylor v. Standard Gas & Elee. Co., 306 U.S. 307, 59 S.Ct. 543 (1939).

de-escalation clause A contractual provision to decrease the price of something if specified costs decrease. Cf. ESCALATOR CLAUSE (1).

deface (di-fays), vb. 1. To mar or destroy (a written instrument, signature, or inscription) by obliteration, erasure, or superinscription. 2. To detract from the value of (a coin) by punching, clipping, cutting, or shaving. 3. To mar or injure (a building, monument, or other structure). defacement, n.