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delinquency 1. A failure or omission; a violation of a law or duty. See JUVENILE DELINQUENCY. 2. A debt that is overdue in payment.

delinquency charge A charge assessed against a borrower for failing to timely make a payment.

delinquency charge See CHARGE.

delinquency jurisdiction The power of the court to hear matters regarding juvenile acts that, if committed by an adult, would be criminaL Cf. status-offense jurisdiction.

delinquency jurisdiction See JURISDICTION.

delinquent 1. (Of a person) failing to perform an obligation. 2. (Of a person) guilty of serious antisocial or criminal conduct. 3. (Of an obligation) past due or unperformed.

delinquent- 1. A person who fails to perform an obligation. 2. A person guilty of serious antisocial or criminal conduct. 3. JUVENILE DELINQUENT.

delinquent child A child who has committed an offense that would be a crime if committed by an adult. A delinquent child may not be subject to the jurisdiction of the juvenile court if the child is under a statutory age. Cf. child in need of supervision; JUVENILE DELINQUENT.

delinquent child- See CHILD.

delinquent minor See JUVENILE DELINQUENT.

delinquent tax A tax not paid when due.

delinquent tax See TAX.

delirium 1. A disordered mental state, often occurring during illness. 2. Exaggerated excitement. 3. A delusion; a hallucination.

delirium tremens An illness characterized by hallucinations and violent trembling, induced by excessive consumption of alcohol over a long period. - Also termed mania a potu; settled insanity. Abbr. d.t:s.

delisting The suspension of the privilege of having a security listed on an exchange. Delisting results from failing to meet the exchange's listing requirements, as by not complying with the minimum net-asset requirement. Cf. DEREGISTRATION. delist, vb.

delit See DELICT.

deliverance 1. A jury's verdict. 2. A judicial opinion or judgment. 3. A court's order directing that a person in custody be released; esp., such an order by an ecclesiastical court. Also termed writ of deliverance. 4. Archaic. In a replevin action, a writ ordering the redelivery of goods to the owner.

delivered at frontier A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk Of loss, whereby the seller must (1) clear the goods for export, (2) arrange and pay for transportation, and (3) deliver the goods to a specified place on the importing nation's border. The seller's delivery is complete (and the risk of loss passes to the buyer) when the goods arrive at the deSignated point and are placed at the disposal of the buyer. This term is generally used when the delivery place is on land, but it places no explicit restrictions on the mode of carriage. If the delivery place is a border port and delivery is complete either onboard or alongside the vessel, the term delivered ex ship or delivered ex quay is preferred. - Abbr. DAF. Cf. DELIVERED EX SHIP; DELIVERED EX QUAY.

delivered duty paid A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) bear the costs of carriage, (3) pay the buyer's import duties, and (4) make the goods available to the buyer on board the carrier at the destination. The seller's delivery is complete (and the risk of loss passes to the buyer) when the seller's carrier arrives at the agreed destination. This term is generally used when the delivery place is on land, but it places no explicit restrictions on the mode of carriage. If the delivery point is a port and delivery is complete either onboard or alongside the vessel, the term delivered ex ship or delivered ex quay is preferred. Abbr. DDP. Cf. DELIVERED DUTY UNPAID; DELIVERED EX SHIP; DELIVERED EX QUAY.

delivered duty unpaid A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) bear the costs of carriage (apart from unloading charges and import duties), and (3) make the goods available to the buyer on board the carrier at the destination. The seller's delivery is complete (and the risk ofloss passes to the buyer) when the seller's carrier arrives at the agreed destination. The buyer is responsible for all import duties. This term is generally used when the delivery place is on land, but it places no explicit restrictions on the mode of carriage. If the delivery point is a port and delivery is complete either onboard or alongside the vessel, the term delivered ex ship or delivered ex quay is preferred. - Abbr. DDU. Cf. DELIVERED DUTY PAID; DELIVERED EX SHIP; DELIVERED EX QUAY.

delivered ex quay A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) dear the goods for export, (2) bear the costs of transportation to the port named by the importing buyer, and (3) place the goods alongside the ship in the port of destination. The seller's delivery is complete (and the risk ofloss passes to the buyer) when the goods are unloaded in the destination port. This term is used only when goods are transported by sea or inland waterway. - Abbr. DEQ. Cf. DELIVERED EX SHIP; FREE ALONGSIDE SHIP.

delivered ex ship A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must clear the goods for export and bear the costs of transportation (apart from unloading charges and import duties) to the importing nation's port of destination.o The seller's delivery is complete (and the risk ofloss passes to the buyer) when the seller's carrier arrives at the destination port. This term is used only when goods are transported by sea or inland waterway. Abbr. DES. Cf. DELIVERED EX QUAY; FREE ON BOARD.

delivery 1. The formal act of transferring something, such as a deed; the giving or yielding possession or control ofsomething to another. 2. The thing so transferred or conveyed. Cf. LIVERY. - deliver, vb.

delivery bond See forthcoming bond.

delivery bond- See forthcoming bond under BOND (2).

delivery in escrow The physical transfer of something to an escrow agent to be held until some condition is met, at which time the agent will release it. An example of such a delivery is a stock buyer's transfer of cash to a bank that will give the seller the cash upon receiving the stock certificates. This type of delivery creates immediate conditional rights in the promisee. The device may be used to create an option contract in which the promisee has the option. See ESCROW.

delivery of deed The placing of a deed in the grantee's hands or within the grantee's control. By this act, the grantor shows an intention that the deed operates immediately as a conveyance. A deed may also be held to be delivered when the grantor manifests the intention to complete the conveyance, regardless of actual delivery.

delivery order A written order to deliver goods, directed to a warehouseman, carrier, or other person who ordinarily issues warehouse receipts or bills of lading. UCC § 7-1D2(l)(d).

dem abbr. DEMISE.

demain See DEMESNE.

demand 1. The assertion of a legal or procedural right.

demand- 1. To claim as one's due; to require; to seek relief. 2. To summon; to call into court.

demand clause A provision in a note allowing the holder to compel full payment if the maker fails to meet an installment. Cf. ACCELERATION CLAUSE.

demand deposit See DEPOSIT (2).

demand deposit- A bank deposit that the depositor may withdraw at any time without prior notice to the bank.

demand draft See Sight draft under DRAFT.

demand draft- See Sight draft.

demand for document inspection See REQUEST FOR PRODUCTION.

demand for relief See PRAYER FOR RELIEF.

demand in reconvention See reconventional demand.

demand in reconvention- See reconventional demand under DEMAND.

demand instrument An instrument payable on demand, at Sight, or on presentation, as opposed to an instrument that is payable at a set future date. Also termed demand note.

demand letter A letter by which one party explains its legal position in a dispute and requests that the recipient take some action (such as paying money owed), or else risk being sued. Under some statutes (esp. consumer-protection laws), a demand letter is a prereqUisite for filing a lawsuit.

demand loan See call loan under LOAN.

demand note 1. See NDTE (1). 2. See DEMAND INSTRUMENT.

demand of oyer The assertion of a party's right to hear, read, or inspect a deed of which profert is made by the opposing party in a pleading. See OYER (3); PROFERT.

demand of view In a real action, a request by a defendant (called a tenant) to see the thing at issue to ascertain its identity and the circumstances of the claim. If a real action was brought against a tenant who did not know what land was at issue, the tenant might demand a view. See VIEW (4).

demand registration rights A securities holder s right to force the issuing company to register all or part of the securities so that the holder can resell them.

demand registration rights See REGISTRATION RIGHTS.

demandant Archaic.The plaintiff in a real action (the defendant being called a tenant). See real action under ACTION.

demand-pull inflation See INFLATION.

demand-pull inflation- Inflation caused by an excess of demand over supply.

demandress Archaic. A female demandant. See DEMANDANT.

demarcation line A provisional border having the function of separating territories under different jurisdictions, usu. established when the political situation does not admit a final boundary arrangement. Also termed line of demarcation.

demarche (day-mahrsh). [French "gait; walk"]. An oral or written diplomatic statement, esp. one containing a demand, offer, protest, threat, or the like. Also spelled demarche. See AIDE-ME MOIRE.

dematerialized security See uncertificated security.

dematerialized security See uncertificated security under SECURITY.

demeanor Outward appearance or behavior, such as facial expressions, tone of voice, gestures, and the hesitation or readiness to answer questions. In evaluating credibility, the jury consider the witness's demeanor.

demeanor evidence See EVIDENCE.

demeanor evidence- The behavior and appearance of a witness on the witness stand, to be considered by the fact-finder on the issue of credibility.

demease (di-meez), n. Death. See DEMISE.

demembration (dee-mem-bray-shan), n. The cutting off of a limb; dismemberment; mutilation.

demented adj. Not of sound mind; insane.

dementenant en avant (da-men-ta-nahnt on a-vahnt). [Law French]. From this time forward.

demesne (di-mayn or di-meen), n. [French]. 1. At common law, land held in one's own right, and not through a superior; esp., land attached to a manor and reserved for the court's own use. 2. Domain; realm. Also spelled demain.

demesne land (di-mayn or di-meen). Land reserved by a lord for personal use.

demesne as offee Complete ownership of something. "But there is this distinction between the two species of hereditaments: that, of a corporeal inheritance a man shall be said to be seised in his demesne, as of fee; of an incor· poreal one, he shall only be said to be seised as of fee, and not in his demesne. For, as incorporeal hereditaments are in their nature collateral to, and issue out of, lands and houses, their owner hath no property, dominicum, or demesne, in the thing itself, but hath only something derived out of it; resembling the servitutes, or services, of the civil law." 2 William Blackstone, Commentaries on the Laws of Eng/and 106 (1766).

demesne land See LAND.

demesne land of the Crown See Crown land under LAND.

demesnial (di-may-nee-al or di-meen-ee-al), adj. Of or relating to a demesne.

demi (dem-ee), n. [French] Half; the half. The term is most often a combining form, as in demi-sangue.

demidietas (dem-ee-di-a-tas), n. [Law Latin]. A half; a moiety.

demilitarization The process by which a country obligates itself not to station military forces or to maintain military installations - in specified areas or zones within its territory.

demilitarized zone A territorial area in a country or between countries in which no military forces or military installations are stationed or maintained.

demimark Half a mark; money equal to six shillings and eight pence, required to be tendered in a writ of right to force the demandant to prove seisin. Also termed half-mark.

deminutio (dee-mi-n[y]oo-shee-oh), n. [fr. Latin deminuere "taking away"]. Roman law. A deprivation or loss. The term appeared, for example, in the phrase capitis deminutio "the loss of civil status." - Also spelled diminutio. See CAPITIS DEMTNUTIO. Pl. deminutiones (dee-mi-n[y]oo-shee-oh-neez).

demi-sangue (dem-ee-sang). [Law French]. Halfblood; blood on either the father's or the mother's side. Also termed demy-sangue.

demise (di-miz), n. 1. The conveyance of an estate usu. for a term of years, a lease <the demise of the land for one year>. 2. The instrument by which such a conveyance is accomplished <the demise set forth the terms of the transfer>. 3. The passing of property by descent or bequest <a testator's demise of $100,000 to charity>. 4. 'The death of a person or (figuratively) of a thing <the corporation's untimely demise>. Abbr. demo See DEATH. demise, vb.

demise charter See bareboat charter.

demise charter- See bareboat charter under CHARTER (8).

demise charterer See bareboat charter under CHARTER (8).

demise of the crown The immediate, automatic transfer of a kingdom to a successor upon a sovereign's death or long absence from the throne. "The king never dies. Henry, Edward. or George may die; but the king survives them all. For immediately upon the decease of the reigning prince in his natural capacity, his kingship or imperial dignity, by act of law, without any ... interval, is vested at once in his heir; who is, eo instanti, king to all intents and purposes. And so tender is the law of supposing even a possibility of his death, that his natural dissolution is generally called his demise . .. an expression which signifies merely a transfer of property; for ... when we say the demise of the crown, we mean only that, in con· sequence of the disunion of the king's body natural from his body politic, the kingdom is transferred or demised to his successor; and so the royal dignity remains perpetual." 1 William Blackstone. Commentaries on the Laws of Eng/and 242 (1765).

demised premises Leased property. Also termed premises demised.

demised premises See PREMISES.

demisi (di-mi-zi). [fr. Latin demittere]. 1. have demised, This was the operative phrase in a lease.

demissio (di-mish-ee-oh), n. [fr. Latin demittere "to demise"]. A lease or other transfer. In an ejectment action, this term was used in the phrase ex demissione ("on the demise") to show that a nominal plaintiff (a fictitious person) held an estate on a demise from the real plaintiff.

demobilization A dismissal of troops from active service.

democracy Government by the people, either directly or through representatives elected by the people. Cf. REPUBLIC. - democratic, adj.

demonetization A disuse of a metal in coinage; a withdrawal of the value of a metal as money <the demonetization of gold in the United States>.

demonstratio (dem-an-stray-shee-oh), n. [fr. Latin demonstrare "to show"]. Roman law. 1. A description, as in falsa demonstratio (a false description of something or someone in a will). 2. Under the formulary procedure, the statement of facts in a formula, forming the basis of a claim. PI. demonstrationes (dem-;:ln-strayshce-oh-neez). See FORMULA (1).

demonstrative bequest A bequest that, by its terms, must be paid out of a specific source, such as a stock fund.

demonstrative bequest- See BEQUEST.

demonstrative devise See DEVISE.

demonstrative devise- A devise, usu. of a specific amount of money or quantity of property, that is primarily payable from a designated source, but that may be payable from the estate's general assets if the designated property is insufficient. See Restatement (Third) of Property: Wills and Other Donative Transfers § 5.1 (1999). Cf. pecuniary devise.

demonstrative evidence See EVIDENCE.

demonstrative evidence- (di-mon-stra-tiv). Physical evidence that one can see and inspect (i.e. an explanatory aid, such as a chart, map, and some computer simulations) and that, while of probative value and usu. offered to clarify testimony, does not playa direct part in the incident in question. This term sometimes overlaps with and is used as a synonym of real evidence. - Also termed illustrative evidence; autoptic evidence; autoptic proference; real evidence; tangible evidence. See nonverbal testimony under TESTIMONY. Cf. real evidence; testimonial evidence. ''There remains a source of proof, distinct from either circumstantial or testimonial evidence, viz., what the tribunal sees or hears by its own senses. Whether this should be termed 'evidence' or not is a question of words, open to difference of view. But it is universally conceded to be an available source of proof. Bentham's term for it, real evidence,' came into wide vogue, but is ambiguous. The term 'autoptic proference' (etymologically meaning 'showing to the tribunal's own vision') is preferable." John H. Wigmore, A Students' Textbook of the Law of Evidence 39 (1935).

demonstrative legacy See LEGACY.

demote To lower (usu. a person) in rank, position, pay, or other status. See DEGRADATION (1).

demur (di-mar), vb. 1. To file a demurrer. See DEMURRER. 2. To object to the legal sufficiency of a claim alleged in a pleading without admitting or denying the truth of the facts stated. 3. To object to the legal sufficiency of a claim alleged in a pleading while admitting the truth of the facts stated.

demurrable (di-mar-a-bal), adj. (Of a claim, pleading, etc.) subject to a demurrer <a demurrable pleading>. See DEMURRER.