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defacere See DIFFACERE.

defacto parent An adult who (1) is not the child s legal parent, (2) has, with consent of the child s legal parent, resided with the child for a significant period, and (3) has routinely performed a share of the caretaking functions at least as great as that of the parent who has been the child s primary caregiver without any expectation of compensation for this care. Because the status of de facto parent is subordinate to that of legal parent, a person who expects to be afforded the status of parent should, if possible, adopt the child. The primary function of this conceptual status is to provide courts with a means for maintaining a relationship between a child and an adult who has functioned as a parent when that adult is prohibited from legally adopting the child. The status is usu.limited to a person who has assumed the role of parent with the knowledge and consent, either express or implied, of the legal parent. But it may also arise when there is a total failure or inability of the legal parent to perform parental duties. Cf. equitable parent; psychological parent.

defalcation (dee-fal-kay-shan), n. 1. EMBEZZLEMENT. 2. Loosely, the failure to meet an obligation; a nonfraudulent default. 3. Archaic. A deduction; a setoff. - defalcate (di-fal-kayt or dee-), vb. - defalcator, n.

defalk (di-fawlk), vb. Archaic. To deduct (a debt); to set off (a claim).

defamacast (di-fam-a-kast). Defamation by television or radio broadcast. The word was first used in American Broadcasting-Paramount Theatres, Inc. v. Simpson, 126 S.E.2d 873, 879 (Ga. Ct. App. 1962). Although Prosser called it "a barbarous word" (William Prosser, The Law of Torts 753 [4th ed. 1971]), another authority has said'that "[t1he word seems to be quite apt" (Laurence H. Eldredge, The Law of Defamation § 12, at 77 [1978]). See DEFAMATION.

defamation 1. The act of harming the reputation of another by making a false statement to a third person. If the alleged defamation involves a matter of public concern, the plaintiff is constitutionally required to prove both the statement's falsity and the defendant's fault. 2. A false written or oral statement that damages another's reputation. See LIBEL; SLANDER. Cf. DISPARAGEMENT. defame, vb. "Defamation is the publication of a statement which tends to lower a person in the estimation of right·thinking members of society generally; or which tends to make them shun or avoid that person." P.H. Winfield, A Textbook of the Law of Tort § 72, at 242 (5th ed. 1950). "The wrong of defamation consists in the publication of a false and defamatory statement concerning another person without lawful justification. That person must be in being. Hence not only does an action of defamation not survive for or against the estate of a deceased person, but a statement about a deceased or unborn person is not actionable at the suit of his relatives, however great their pain and distress, unless the statement is in some way defamatory of them." R.F.V. Heuston, Salmond on the Law of Torts 138 (17th ed. 1977). "For entirely too long a period of time, English and American law have recognized two distinct kinds of defamation based solely on the form in which it is published. Oral defamation is slander; written defamation is libel. Libel is a crime and a tort which subjects the defamer to tort liability without proof of special damages. Slander is not a common law crime and, with certain exceptions, does not subject the defamer to liability unless there is proof of special damages. Under this distinction in form alone the defamatory letter read only by its addressee and burned to ashes after being rea

defamation per quod Defamation that either (1) is not apparent but is proved by extrinsic evidence showing its injurious meaning or (2) is apparent but is not a statement that is actionable per se.

defamation per se A statement that is defamatory in and of itself and is not capable of an innocent meaning.

defamation privilege See litigation privilege.

defamation privilege See litigation privilege under PRIVILEGE (1).

defamatory (Of a statement or communication) tending to harm a person's reputation, usu. by subjecting the person to public contempt, disgrace, or ridicule, or by adversely affecting the person's business. "A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him." Restatement (First) of Torts § 559 (1938). "No exhaustive definition of 'defamatory' emerges from the cases for, as Lord Reid once said, it is not for the judges to 'frame definitions or to lay down hard and fast rules. It is their function to enunciate principles and much that they say is intended to be illustrative or explanatory and not to be definitive' [Cassell & Co. Ltd. v. Broome (1972) AC 1027, 1085]. One can nevertheless achieve a working description by combining two statements, namely: a defamatory statement is one which injures the reputation of another by exposing him to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society." R.w.M. Dias & B.S. Markesinis, Tort Law423-24 (2d ed. 1989).

defamatory communication See DEFAMATORY STATEMENT.

defamatory libel See LIBEL (1).

defamatory propaganda Propaganda used to promote dissatisfaction among a nation s citizens and undermine government authority. Defamatory propaganda is common in wartime but is also used in peacetime as a means of incitement.

defamatory propaganda See PROPAGANDA.

defamatory statement A statement that tends to injure the reputation of a person referred to in it. The statement is likely to lower that person in the estimation of reasonable people and in particular to cause that person to be regarded with feelings of hatred, contempt, ridicule, fear, or dislike. - Also termed defamatory communication.

defames (di-fay-meez or di-fahm), adj. [Law French]. Infamous.

default (di-fawlt also dee-fawlt), n. The omission or failure to perform a legal or contractual duty; esp., the failure to pay a debt when due.

default- (di-fawlt), vb. 1. To be neglectful; esp., to fail to perform a contractual obligation. 2. To fail to appear or answer. 3. To enter a default judgment against (a litigant).

default judgment 1. A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff's claim. 2. A judgment entered as a penalty against a party who does not comply with an order, esp. an order to comply with a discovery request. See Fed. R. Civ. P. 55(b). - Also termed judgment by default. See JUDGMENT.

default judgment See DEFAULT JUDGMENT.

default jurisdiction In a child-custody matter, jurisdiction conferred when it is in the best interests of the child and either (1) there is no other basis for jurisdiction under the Uniform Child Custody Jurisdiction Act or the Parental Kidnapping Prevention Act, or (2) when another state has declined jurisdiction in favor of default jurisdiction. Jurisdiction is rarely based on default because either home-state jurisdiction or significant-connection jurisdiction almost always applies, or else emergency jurisdiction is invoked. Default jurisdiction arises only if none of those three applies, or a state with jurisdiction on any of those bases declines to exercise it and default jurisdiction serves the best interests of the child.

default jurisdiction See JURISDICTION.

default of issue See FAILURE OF ISSUE.

default rule A legal principle that fills a gap in a contract in the absence of an applicable express provision but remains subject to a contrary agreement. Cf. GAP-FILLER.

default rule See RULE (1).

defaultant (di-fawl-tant), adj. In default; having defaulted. See DEFAULTER.

defaulter 1. A person who is in default. 2. A person who misappropriates or fails to account for money held in the person's official or fiduciary capacity. - Also termed defaultant.

defeasance (di-feez-ants), n. 1. An annulment or abrogation; VOIDANCE. 2. The fact or an instance of bringing 'an estate or status to an end, esp. by conditiona I limitation. 3. A condition upon the fulfillment of which a deed or other instrument is defeated or made void; a contractual provision containing such a condition. - Also termed defeasance clause. 4. A collateral deed made simultaneously with a conveyance and containing a condition by which the main deed might be defeated or made void. Also spelled defeazance. - defease, vb. "A defeazance is a collateral deed, made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the estate then created may be defeated or totally undone." 2 William Blackstone, Commentaries on the Laws of England 327 (1766).

defeasance clause A mortgage provision stating that the conveyance to the mortgagee will be ineffective if the mortgagor pays the debt on time. See DEFEASANCE (3).

defeasible adj. (Of an act, right, agreement, or position) capable of being annulled or avoided <defeasible deed>. See fee simple defeasible under FEE SIMPLE. defeasibility, n.

defeasible deed A deed containing a condition subsequent causing title to the property to revert to the grantor or pass to a third party.

defeasible deed- See DEED.

defeasible estate An estate that may come to an end before its maximum duration has run because of the operation of a special limitation, a condition subsequent, or an executory limitation. If an estate is defeasible by operation of a special limitation, it is called a determinable estate.

defeasible estate- See ESTATE (1).

defeasible fee simple See fee simple defeasible under FEE SIMPLE.

defeasible interest An interest that the holder may enjoy until the occurrence of a condition.

defeasible interest See INTEREST (2).

defeasible remainder See REMAINDER.

defeasible remainder A vested remainder that will be destroyed if a condition subsequent occurs. -An example is "to A for life, and then to B, but if B ever sells liquor on the land, then to c." Also termed remainder subject to divestment.

defeasible title See TITLE (2).

defeasive adj. Rare. Capable of defeating <a counterclaim defeasive of the plaintiffs right to recovery>.

defeat vb. 1. To deprive (someone) of something expected, usu. by an antagonistic act <to defeat the opponent in an election>. 2. To annul or render (something) void <to defeat title>. 3. To vanquish; to conquer (someone or something) <to defeat the armies>. 4. To frustrate (someone or something) <the expenditures defeat the bill's purpose>.

defect An imperfection or shortcoming, esp. in a part that is essential to the operation or safety of a product. - defective, adj.

defect of form An imperfection in the style, manner, arrangement, or nonessential parts of a legal document, as distinguished from a substantive defect. Cf. DEFECT OF SUBSTANCE.

defect of parties A failure to include all indispensable parties in a lawsuit.

defect of reason Archaic. 1. Mental illness. 2. Mental retardation.

defect of substance An imperfection in the substantive part of a legal document, as by omitting an essential term. Cf. DEFECT OF FORM.

defective adj. 1. (Of a position, right, act, or process) lacking in legal sufficiency <defective execution of documents> <defective service of process>. 2. (Of a product) containing an imperfection or shortcoming in a part essential to the product's safe operation <defective wiring caused the accident>.

defective condition An unreasonably dangerous state that might well cause physical harm beyond that contemplated by the ordinary user or consumer who purchases the product. See PRODUCTS LIABILITY.

defective performance A performance that, whether partial or full, does not wholly comply with the contract. One example is late performance.

defective performance See PERFORMANCE.

defective pleading See PLEADING (1).

defective pleading A pleading that fails to meet minimum standards of sufficiency or accuracy in form or substance.

defective process Void or voidable process. See void process; voidable process.

defective process See PROCESS.

defective product See PRODUCT.

defective product A product that is unreasonably dangerous for normal use, as when it is not fit for its intended purpose, inadequate instructions are provided for its use, or it is inherently dangerous in its design or manufacture.

defective record 1. A trial record that fails to conform to requirements of appellate rules. 2. A flawed real-estate title resulting from a defect on the property record in the registry of deeds.

defective record See RECORD.

defective title See TITLE (2).

defective trust See TRUST.

defective verdict See VERDICT.

defectus (di-fek-tas), n. [fr. Latin deficere "to be deficient"]. A defect; a deficiency.

defectus sanguinis (di-fek-tas sang-gwi-nis). [Latin "defect of blood"]. A failure of issue, often resulting in an escheat. See ESCHEAT.

defence See DEFENSE.

defend vb. 1. To deny, contest, or oppose (an allegation or claim) <the corporation vigorously defended against the shareholder's lawsuit>. 2. To represent (someone) as an attorney <the accused retained a wellknown lawyer to defend him>.

defendant (di-fen-dant). A person sued in a civil proceeding or accused in a criminal proceeding. -Abbr. D. Cf. PLAINTIFF.

defendant in error Archaic. In a case on appeal, the prevailing party in the court below. See APPELLEE; RESPONDENT (1).

defendant score A number taken from an established scale, indicating the relative seriousness of the defendant's criminal history. Cf. CRIME SCORE.

defendant's gain The amount of money or the value of property that a criminal defendant has obtained by committing a crime Some states, such as New York, consider the defendant's gain when assessing a criminal fine or ordering restitution.

defendemus (di-fen-da-mas). [fr. Latin defendere] We will defend. This term was used in conveyancing to require the donor and the donor's heirs to defend the donee against any attempted encumbrance not specifically agreed to. Although defendemus was not a warranty, it became part of the warranty clause "shall and will warrant and forever defend."

defender 1. One who defends, such as the defendant in a lawsuit, a person using self-defense, or defense counsel. 2. PUBLIC DEFENDER.

Defender of the Faith See DEFENSOR FIDEI.

defendere (di-fen-da-ree), vb. [Law Latin] To deny; to defend.

defendere se per corpus suum (di-fen-da-ree see par kor-pas s[y]oo-am), vb. [Law Latin "to defend himself by his own body"]. To agree to a trial by judicial combat; to agree to a duel.

defendere unica manu (di-fen-da-ree yoo-na-ka man-yoo), n. [Law Latin "to defend with one hand"]. A denial of an accusation under oath.

defendour (day-fon-duur), n. [Law French]. A defendant; the party accused in an appeal.

defeneration (dee-fen-a-ray-shan), n. [fr. Latin de "of" + foenero "to lend upon usury"]. The act of lending money at a usurious interest rate.

defenestration (dee-fen-a-stray-shan). The act of throwing someone or something out a window. defenestrate, vb.

defense (di-fen[t]s). 1. A defendant's stated reason why the plaintiff or prosecutor has no valid case; esp., a defendant's answer, denial, or plea <her defense was that she was 25 miles from the building at the time of the robbery>. "Defence is defined to be that which is alleged by a party proceeded against in an action or suit, as a reason why the plaintiff should not recover or establish that which he seeks by his complaint or petition." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 240 (2d ed. 1899).

defense advanced research projects agency An agency in the U.S. Department of Defense responsible for military research and development. - Abbr. DARPA.

defense attorney A lawyer who represents a defendant in a civil or criminal case. - Also termed defense counsel; defense lawyer.

defense au fond en droit (di-fen[t]s oh fohn on drwah). Civil law. Demurrer.

defense commissary agency An agency in the U.S. Department of Defense responsible for providing goods and services to members of the armed forces at reduced prices. Abbr. DeCA.

defense contingent fee See reverse contingent fee under CONTINGENT FEE.

defense contract audit agency An agency in the U.S. Department of Defense responsible for conducting contract audits and for providing accounting and financial advice to all Department components responsible for procurement and contract administration. -Abbr. DCAA.

defense contract management agency A unit in the U.S. Department ofDefense responsible for managing contracts to ensure that supplies and services are delivered on time and within cost and that they meet performance requirements. Abbr. DCMA.

defense counsel See DEFENSE ATTORNEY.

defense department An executive department of the federal government, responsible for coordinating and overseeing military affairs and the agencies responsible for national security. The Department was established as the National Military Establishment in 1947, by combining the War and the Navy Departments. Its name was changed to Department of Defense in 1949. The Department's components include the Army, the Air Force, the Navy, the Marine Corps, and the Joint Chiefs of Staff. It is headed by the Secretary of Defense, who is answerable to the President as Commander-inChief. Also termed Department of Defense (abbr. DOD).

defense finance and accounting service A unit in the U.S. Department of Defense responsible for providing professional finance and accounting services and for accounting activities. Abbr. DFAS.

defense information systems agency An agency in the U.S. Department of Defense responsible for developing and operating information systems to provide combat support for the armed forces. Abbr. DISA.

defense intelligence agency A combat-support unit in the U.S. Department of Defense responsible for developing and managing foreign military intelligence in support of military planning and operations and of weapons-systems acquisition. Abbr. DIA.

defense investigative services See DEFENSE SECURITY SERVICE.

defense lawyer See DEFENSE ATTORNEY.

defense legal services agency An agency in the U.S. Department of Defense responsible for providing legal services to all agencies in the Department. The General Counsel of the Department directs its operations. Abbr. DLSA.

defense logistics agency A unit in the U.S. Department of Defense responsible for providing worldwide logistics support for military missions both in peace and in war. The Agency also supports nonmilitary agencies overseas. - Abbr. DLA.

defense nuclear facilities safety board An independent federal board that sets standards for the design, construction, operation, and decommissioning of defense nuclear facilities of the U.S. Department of Energy.o It was established in 1988.42 USCA §§ 22862286i.

defense of habitation The defense that conduct constituting a criminal offense is justified ifan aggressor unjustifiably threatens the defendant's place of abode or premises and the defendant engages in conduct that is (1) harmful to the aggressor, (2) sufficient to protect that place of abode or premises, and (3) reasonable in relation to the harm threatened. - Also termed defense ofpremises. See CASTLE DOCTRINE.

defense of habitation- See DEFENSE (1).