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definitio (def-a-nish-ee-oh), n. [fr. Latin definire "definition"]. Civil law. 1. A definition; an explanation of something. 2. The establishment of a general rule. 3. A boundary. PI. definitiones.

definition The meaning of a term as explicitly stated in a drafted document such as a contract, a corporate bylaw, an ordinance, or a statute; a definiens.

definitive judgment See final judgment under JUDGMENT.

definitive judgment See final judgment.

definitive partition See PARTITION.

definitive partition A partition that is irrevocable.

definitive sentence See determinate sentence under SENTENCE.

deflation A general decline in the price of goods and services. Cf. INFLATION; DISINFLATION. deflate, vb. deflationary, adj.

deforce 1. To keep (lands) from the true owner by means of force. 2. To oust another from possession by means of force. 3. To detain (a creditor's money) unjustly and forcibly. - deforciant, n. "The character of the action of debt is well illustrated by the form of the writ as given by Glanville. It directs the sheriff to order the debtor to render a stated sum which he owes to the plaintiff, 'and whereof the plaintiff complains that the defendant unjustly deforces him,' and, if he will not obey, he is to be summoned before the King's Court. The plaintiff is 'deforced' of money just as in a writ of right he is 'deforced' of land. It is true that the term 'deforces' disappeared from the writ shortly after Glanville's time, the word debet taking its place: but this seems to have been a matter of form, not of substance. The plaintiff sought to recover the money due as his property." William F. Walsh, Outlines of the Hisrory of English and American Law 411 (1924).

deforcement 1. An act of keeping lands from the true owner by force. 2. An act ofousting another from possession by means of force. 3. An act ofdetaining a creditor's money unjustly and forcibly.

deforciant (di-for-shant), n. [fr. Law Latin deforcians "a deforcer"]. 1. A person who prevents another from taking possession of property. 2. The defendant in an action of fine. See FINE (1).

deforciare (di-for-shee-air-ee), vb. [fr. Law Latin defortiare "to deforce"]. To withhold property (such as land and tenements) from the true owner.

deforciatio (di-for-shee-ay-shee-oh), n. [Law Latin "a distress"]. A seizure of goods to satisfy a debt.

defossion (di-fosh-in), n. [fr. Latin de "down" + fodere "dig"]. The punishment of being buried alive.

defraud vb. To cause injury or loss to (a person) by deceit, See FRAUD.

defraudation The perpetration of a fraud; the act of committing fraud.

defrauder See FRAUDFEASOR.

defunct adj. Dead; extinct <defunct corporation>.

defunct marriage See MARRIAGE (1).

defunctus (di-fangk-tas), adj. [Latin]. Dead, as in defunctus sine prole ("dead without (leaving) issue").

defuturo (dee fyuu-t[y]uur-oh). [Latin]. Regarding the future; at a future time. The phrase usu. appeared in reference to a marriage promise, which was not binding if it mentioned marriage at a future date. Cf. DE PRAESENTI.

degaster (day-gas-tay), vb. [fr. Old French degaster "to spoil"]. To waste.

degradation (deg-ra-day-shan). 1. A reduction in rank, degree, or dignity; specif., censure of a clergy member by divestiture of holy orders, either by word or by a solemn divestiture of robes and other insignia. Cf. DEPOSITION (4); DEPRIVATION (4). 2. A moral or intellectual decadence or degeneration; a lessening of a person's or thing's character or quality <degradation of resources>. 3. A wearing down of something, as by erosion.

degree 1. Generally, a classification or specification <degrees of proof>. 2. An incremental measure of guilt or negligence; a level based on the seriousness of an offense <murder in the first degree>. 3. A stage in a process; a step in a series of steps toward an end <the statute went through several degrees of development>. 4. A stage in intensity <a high degree oflegal skill is required>. 5. In the line of descent, a measure of removal determining the proximity of a blood or marital relationship <the council member did not participate in the vote because he was related to one of the bidders within the first degree of consanguinity>. In the civil law, and in the degreeof-relationship system used by many American jurisdictions, an intestate estate passes to the dosest of kin, counting degrees ofkinship. To calculate the degree of relationship of the decedent to the claimant, one counts the steps (one for each generation) up from the decedent to the nearest common ancestor of the decedent and the claimant, and on down to the claimant from the common ancestor. The total number of steps is the degree of relationship. For example, a decedent's cousin stands in the fourth degree of relationship. Degrees of relationship are used not only to determine who is the closest heir but also to establish the incest prohibition in marriage requirements. Also termed degree ofkin; degree of relationship; degree of descent. See AFFINITY (2); CONSANGUINITY.

degree of care A standard of care to be exercised in a given situation. See CARE.

degree of crime 1. A division or classification of a single crime into several grades of guilt, according to the circumstances surrounding the crime's commission, such as aggravating factors present or the type of injury suffered. 2. A division of crimes generally, such as felonies or misdemeanors.

degree of descent See DEGREE (5).

degree of kin See DEGREE (5).

degree of negligence One of the varying levels of negligence typically designated as slight negligence, ordinary negligence, and See NEGLIGENCE. "Although the common law concept of degrees of negligence has been criticized or repudiated in many jurisdictions, the usefulness of the view at common law that degrees of negligence exist is still recognized in a number of jurisdictions, particularly in regard to the distinction between ordinary and gross negligence. Furthermore, legislators have not been dissuaded from using the degrees of negligence concept when it is helpful to achieve a legislative purpose." 57A Am. Jur. 2d Negligence § 233, at 274 (1989).

degree of proof 1. See BURDEN OF PROOF. 2. BURDEN OF PRODUCTION.

degree of relationship See DEGREE (5).

deherison (dee-her-i-zan). See DISINHERITANCE.

dehors (da-hor or da-horz). [Law French]. Outside; beyond the scope of <the court cannot consider the document because it is dehors the record>.

dei gratia (dee-i gray-shee-a). [Latin]. By the grace of God. This phrase was often used in rulers' titles to show that their authority was by divine right. It was also formerly used in titles of magistrates and other officers.

dei judicium (dee-i joo-dish-ee-am). [Latin "God's judgment"]. A trial by ordeal. See ORDEAL.

deIimination The act of marking a boundary or fixing a limit.

dejeration (dej-o-ray-shan). The act of taking a solemn oath.

del bien estre (del been es-tar). [Law French]. Of well-being. See DE BENE ESSE.

del credere (del kred-a-ray or kray-da-ray), adj. [Italian]. Of belief or trust. "'Del credere' agents for the sale of goods, in consideration of a higher payment than usual, become responsible for the solvency of the person to whom they sell them." Thomas E. Holland, The Elements of Jurisprudence 304 (13th ed. 1924).

del credere agent (del kred-a-ray or kray-da-ray). An agent who guarantees the solvency of the third party with whom the agent makes a contract for the principal. A del credere agent receives possession of the principal's goods for purposes of sale and guarantees that anyone to whom the agent sells the goods on credit will pay promptly for them. For this guaranty, the agent receives a higher commission for sales. The promise of such an agent is almost universally held not to be within the statute of frauds. Also termed del credere factor.

del credere agent- See AGENT (2).

del credere bailiff See FACTOR (2).

del credere commission A factor's commission that is increased because the factor guarantees the payment to the principal of all debts that become due through the agency relationship.

del credere factor See del credere agent under AGENT.

delantal (di-lan-taI). [Old English]. See UTLAND.

delate (di-Iayt), vb. To accuse, to inform against, to denounce in court, esp. a Scottish ecclesiastical court. delation, n. delator, n.

delatio (di-Iay-shee-oh), n. [fr. Latin deferre "to denounce"]. Roman & dvillaw. 1. An accusation. 2. Information.

delator (di-Iay-tor), n. [Latin). Roman law. 1. An informer. 2. An accuser; esp., a person who made a practice of informing on and prosecuting others, esp. for fiscal offenses. This was at first encouraged, but later the informer became subject to the death penalty. PI. delatores.

delatura (del-a-tyoor-a), n. [fr. Latin deferre "to denounce"]. A reward given to an informer.

Delaware trust See asset-protection trust under TRUST (3)·

delay 1. The act of postponing or slowing <the continuance was sought for no purpose other than delay>. Cf. VEXATIOUS DELAY. 2. An instance at which something is postponed or slowed <the delay in starting the trial made it difficult for all of the witnesses to attend>. 3. The period during which something is postponed or slowed <during the delay, the case settled>. 4. Civil law. The period within which a party to a suit must take some action, such as perfecting an appeal or responding to a written-discovery request <the delay for responding to written interrogatories is 15 days after the date they are served on the responding party:>.

delay rental Oil & gas. A payment from the lessee to the lessor made to maintain the mineral lease from period to period during the primary term without an obligation to drill. See DRILLING-DELAY RENTAL CLAUSE; "or" lease, paid-up lease, "until" lease under LEASE.

delay rental Oil & gas. A periodic payment made by an oil-and-gas lessee to postpone exploration during the primary lease term. See DRILLING-DELAY RENTAL CLAUSE; "or" lease, "unless" lease under LEASE; PAID- UP LEASE.

delayed appeal An appeal that takes place after the time for appealing has expired, but only when the reviewing court has granted permission because of special circumstances.

delayed appeal- See APPEAL.

delayed funds availability A hold that a bank places on uncollected funds that are represented by a deposited check. Abbr. DFA.

delayed rental See RENTAL.

delayed sentence See SENTENCE.

delayed sentence A sentence that is not imposed immediately after conviction, thereby allowing the convicted criminal to satisfy the court (usu. by complying with certain restrictions or conditions during the delay period) that probation is preferable to a prison sentence.

delayed-compHance order Environmental law. An order issued by the Environmental Protection Agency or by a state agency to an existing source of pollutants, whereby the deadline for complying with an implementation plan is postponed. See IMPLEMENTATION PLAN.

delectus personae (di-Iek-tas par-soh-nee). [Latin "choice of the person"] The rule that when personal relations are important. a person cannot be compelled to associate with another person. Based on this principle. a partner has the right to accept or reject a candidate proposed as a new partner.

delegable duty See DUTY (1).

delegable duty- A duty that may be transferred to another to perform. See ASSIGNMENT.

delegate (del-a-git). n. 1. One who represents or acts for another person or a group. 2. Parliamentary law. A voting member of a convention, whether entitled to vote as an elected or appointed delegate (sense 1), as an upgraded alternate, or ex officio. See CONVENTION (4); ALTERNATE; EX OFFICIO.

delegate assembly See CONVENTION (4).

delegate assembly- See CONVENTION (4).

delegated legislation See REGULATION (3).

delegated power See POWER (3).

delegated power Power normally exercised by an authority that has temporarily conferred the power on a lower authority.

delegatee (del-a-ga-tee). (An agent or representative to whom a matter is delegated.

delegation 1. The act ofentrusting another with authority or empowering another to act as an agent or representative <delegation of contractual duties>. 2. A group of representatives <a large delegation from Texas>. delegate (del-a-gayt) (for sense 1), vb. delegable (del-a-ga-bal) (for sense 1), adj.

delegation doctrine Constitutional law. The principle (based on the separation-ai-powers concept) limiting Congress's ability to transfer its legislative power to another governmental branch, esp. the executive branch. - Delegation is permitted only if Congress prescribes an intelligible principle to guide an executive agency in making policy. - Also termed nondelegation doctrine.

delegation of duties Contracts. A transaction by which a party to a contract arranges to have a third party perform the party's contractual duties.

delegation of powers A transfer of authority by one branch of government to another branch or to an administrative agency. See DELEGATION DOCTRINE.

delegator (del-i-gay-tar or -tor). One who delegates (a responsibility, etc.). to another.

deleterious (del-a-teer-ee-as), adj. 1. Poisonous <deleterious toxins>. 2. Unwholesome; psychologically or physically harmful <deleterious influence>.

deliberate (di-Iib-[a]-rit), adj. 1. Intentional; premeditated; fully considered. 2. Un impulsive; slow in deciding.

deliberate- (di-lib-a-rate), vb. (Of a court, jury, etc.). to weigh and analyze all the evidence after closing arguments <the jury deliberated for 12 hours before reaching a verdict>.

deliberate elicitation Criminal procedure. The purposeful yet covert drawing forth of an incriminating response (usu. not during a formal interrogation) from a suspect whose Sixth Amendment right to counsel has attached but who has not waived that right. Deliberate elicitation may occur, for example, when a police officer engages an arrested suspect in conversation on the way to the police station. Deliberate elicitation violates the Sixth Amendment. Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199 (1964). See MASSIAH RULE.

deliberate indifference See INDIFFERENCE.

deliberate indifference- 1. Criminal law. (1951) The careful preservation of one's ignorance despite awareness of circumstances that would put a reasonable person on notice of a fact essential to a crime. See JEWELL INSTRUCTION. 2. Criminal law. Awareness of and disregard for the risk of harm to another person's life, body, or property. 3. Torts. Conscious disregard of the harm that one's actions could do to the interests or rights of another. - Also termed reckless indifference; conscious avoidance; conscious indifference.

deliberate speed, with all As quickly as the maintenance of law and order and the welfare of the people will allow, esp. with respect to the desegregation of public schools. Brown v. Board ofEduc., 347 U.S. 483, 74 S.Ct. 686 (1954).

deliberate-indifference instruction See JEWELL INSTRUCTION.

deliberate-indifference instruction See JEWELL INSTRUCTION.

deliberation The act of carefully considering issues and options before making a decision or taking some action; esp., the process by which a jury reaches a verdict, as by analyzing, discussing, and weighing the evidence. See CONSIDERATION (3). deliberate (di-lib-a-rayt), vb.

deliberative assembly Parliamentary law. A body that transacts business according to parliamentary law. A deliberative assembly typically has several distingUishing characteristics: (1) it is a group of people who meet to propose, discuss, and possibly vote on courses of action to be undertaken in the group's name; (2) participants are free to use their own judgment; (3) enough people participate so that a certain degree offormality in the proceedings is desirable; (4) each participant has one vote and may dissent without fear of expulsion; and (5) when some members are absent, the members actually present have the authority to act for the entire group (subject to quorum and other requirements). See Henry M. Robert, Robert's Rules of Order Newly Revised § 1, at 2 (l0th ed. 2000).

deliberative assembly- See ASSEMBLY.

deliberative-process privilege A privilege permitting the government to withhold documents relating to policy formulation to encourage open and independent discussion among those who develop government policy.

deliberative-process privilege The principle that a decision-maker's thoughts and how they led to a decision are not subject to revelation or scrutiny. See U.S. v. Morgan, 313 U.S. 409, 61 S.Ct. 999 (1941). An exception to the rule may be allowed if a party can clearly show that the decision resulted from bias, bad faith, misconduct, or illegal or unlawful action. The privilege is meant to encourage open and independent discussion among those who develop government policy. Also termed mental-process privilege.

delict (di-likt), n. [Latin delictum "an offense"]. Roman & civil law. A violation of the law; esp., a wrongful act or omission giving rise to a claim for compensation; TORT. Also termed (in Roman law) delictum; (in French law) delit. "A delict is a civil wrong. It is an infringement of another's interests that is wrongful irrespective of any prior contractual undertaking to refrain from it though there may also be one. It entitles the injured party to claim compensation in civil proceedings though criminal proceedings aimed at punishing the wrongdoer may also ensue." 1 P.Q.R. Boberg, The Law of Delict 1 (1984).

delictal See DEUCTUAL.

deliction (di-lik-shan). The loss of land by gradual, natural changes, such as erosion resulting from a change in the course of a river or stream. Cf. ACCRETION (1); ALLUVION; AVULSION (2); EROSION.

delictual (di-lik-cha-wal), ad). Of, relating to, or involving a delict; TORTIOUS. Also termed delictal.

delictual fault See FAULT.

delictual fault- Fault resulting from intentional or negligent misconduct that violates a legal duty.

delictum See DELICT.

delimit (di-lim-it), vb. To mark (a boundary); to fix (a limit).

delimitation A fixing of limits or boundaries.

delineational gerrymandering See GERRYMANDERING.

delineational gerrymandering- Gerrymandering by varying the districts' shape. There are three kinds of delineational gerrymandering: cracking (or fracturing), packing, and stacking. See CRACKING; PACKING; STACKING (2).