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demurrage (di-mar-ij). (usu. pi.) Maritime law. 1. Liquidated damages owed by a charterer to a shipowner for the charterer's failure to load or unload cargo by the agreed time. contract demurrage. Demurrage paid by a vessel's charterer if the time to load or unload the vessel at port takes longer than that agreed on in the char terer's contract with the shipowner. Cf. DISPATCH MONEY. 'The contract may also provide that if ... the loading time exceeds that fixed by the charter, the charterer will pay a liquidated compensation termed 'contract demurrage.''' Frank l. Maraist, Admiralty in a Nutshell 56 (2d ed. 1988).

demurrage lien See LIEN.

demurrant (di-mar-ant). One who demurs; esp., a litigant who files a demurrer.

demurrer (di-mar-ar). [Law French demorer "to wait or stay"]. A pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer .o In most jurisdictions, such a pleading is now termed a motion to dismiss, but demurrer is still used in a few states, including California, Nebraska, and Pennsylvania. Cf. DENIAL (1). 'The word 'demurrer,' derived from the Latin demorari, or the French demorrer, meaning to 'wait or stay,' imports that the party demurring waits or stays in his proceedings in the action until the judgment of the court is given whether he is bound to answer to so insufficient a pleading. Each party may demur to what he deems an insufficient pleading of the other. The demurrer was general when it was to matter of substance; it was special when it was made to matter of form, and must specifically point out the defect." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 15 (2d ed. 1899).

demurrer book A record of the demurrer issue used by the court and counsel in argument.

demurrer ore tenus An oral demurrer. See ORE TENUS. "The codes either expressly or by implication require all pleadings to be in writing. To this proposition there is the apparent exception that objections to the jurisdiction of the court, or to the sufficiency of a pleading, that it does not state a cause of action or defence, may be raised on the trial by what is sometimes called a demurrer are tenus (that is, orally, - by word of mouth)." Edwin E. Bryant, The Law of Pleading Under the Codes of Civil Procedure 179 (2d ed. 1899).

demurrer to evidence A party's objection or exception that the evidence is legally insufficient to make a case. Its effect, upon joinder in the demurrer by the opposite party, is that the jury is discharged and the demurrer is entered on record and decided by the court. A demurrer to evidence admits the truth of all the evidence and the legal deductions from that evidence.

demurrer to interrogatories The objection or reason given by a witness for failing to answer an interrogatory.

demutualization The process of converting a mutual insurance company (which is owned by its policyholders) to a stock insurance company (which is owned by outside shareholders), usu. as a means of increasing the insurer's capital by allowing the insurer to issue shares. About half the states have demutualization statutes authorizing such a conversion. - demutualize, vb.

demy-sangue See DEMI-SANGUE.

den and strond (den an[d] strond). Permission for a ship to run aground or strand it self.

den luy doit (ryan lwee dwah). [Law French "owes him nothing"] Hist. A plea of nil debet. See NIL DEBET.

denarius (di-nair-ee-as), n. [Law Latin "penny"] 1. Roman law. The principal silver coin used by the Romans. 2. An English penny; a pence. 3. (pl.) Slang. Money in general. PI. denarii. - Also termed (in senses 1 & 3) denier.

denarius dei (di-nair-ee-as dee-i), n. [Law Latin "God's penny"]. Earnest money exchanged by contracting parties, so called because the money was originally given either to the church or to the poor. The denarius Dei was not part of the consideration. Also termed argentum dei. See ARRA.

denationalization 1. lnt'l law. The unilateral act of a country in depriving a person of nationality, whether by administrative decision or by operation of law. Strictly, the term does not cover a person's renunciation ofcitizenship. 2. The act of returning government ownership and control of an industry or function to private ownership and control. Cf. PRIVATIZATION. - denationalize, vb.

denaturalization The process by which a government deprives a naturalized citizen of all rights, duties, and protections of citizenship. See 8 USCA § 1451. denaturalize, vb.

denelage See DANELAW.

denial 1. A refusal or rejection; esp., a court's refusal to grant a request presented in a motion or petition <denial of the motion for summary judgment>. 2. A defendant's response controverting the facts that a plaintiff has alleged in a complaint; a repudiation <the worker filed a denial alleging that physical contact never occurred>. Cf. DEMURRER.

denial of justice Int'l law. A defect in a country's organization of courts or administration of justice, resulting in the country's violating its international legal duties to protect aliens. A denial of justice is a wrongful act under international law. - Also termed justitia denegata; deni de justice; refus de justice.

denial-of-service attack A malicious strike against a computer, website, network, server, or database deSigned to render it inaccessible, usu. byoverwhelming it with activity or by forcing it to malfunction. Also termed nuke. Abbr. DoS attack.

denier 1. (da-nyay) [French fr. Latin denarius] DENARIUS (1). 2. DENARIUS (3). 3. (di-nI-ar). [Law French]. Denial; refusal, as in refusal to pay rent when demanded.

Denier aDieu (da-nyay ah dyuu or dyoo). [French "God's money"]. French law. Earnest money exchanged by contracting parties. See DENARIUS DEI.

denization (den-a-zay-shan). The act of making a person a denizen. See DENIZEN. - Also termed indenization.

denize (den-iz or di-niz), vb. To make (a person) a denizen. See DENIZEN.

denizen (den-a-zan).1. A person given certain rights in a foreign nation or living habitually in a foreign nation. 2. English law. A person whose status is midway between being an alien and a natural-born or naturalized subject.

denman's act 1. The (English) Evidence Act of 1843, providing that no person offered as a witness can be excluded because of incapacity due to a past crime or an interest in the proceedings. Also termed Lord Denman's Act. 2. The (English) Criminal Procedure Act of 1865 that allowed defense counsel to sum up evidence as allowed in a civil trial, to prove contradictory statements made by an adverse witness, to prove a previous criminal conviction ofan adverse witness, and to compare samples of disputed handwriting. - Also termed Mr. Denman's Act.

denomination 1. An act of naming. 2. A collective designation, esp. of a religious sect.

denotative fact See FACT.

denotative fact- (dee-noh-tay-tiv or di-noh-ta-tiv). A fact relevant to the use of a nonlegal term in a legal rule.

denounce 1. To condemn openly, esp. publicly. 2. To declare (an act or thing) to be a crime and prescribe a punishment for it. 3. To accuse or inform against. 4. To give formal notice to a foreign country of the termination of (a treaty).

denouncement 1. An act of accusation or condemnation <denouncement of a thief>. 2. A declaration of a threatened action <denouncement of war> <denouncement of a treaty>. 3. An application for a grant to work a mine that is either newly discovered or for feited <the denouncement was granted>. Historically, denouncements were also granted under Spanish-American law. 4. Archaic. A formal announcement; a declaration <a denouncement of a doctrine>. - Also termed denunciation. - denunciatory, denunciative, adj.

density zoning See cluster zoning under ZONING.

denumeration An act of making a present payment.

denunciation See DENOUNCEMENT.

denuntiatio (di-nan-shee-ay-shee-oh), n. [Latin]. 1. Roman & civil law. A declaration intended to protect or set in motion the enforcement of the declarer's right; esp., a report of a crime. 2. Hist. A summons; a public notice. 3. Scots law.The Crown's public denunciation of a debtor as a rebel and an outlaw when the debtor has disobeyed an order to pay. Pl. denuntiationes.

denuntiatio belli (di-nan-shee-ay-shee-oh bel-i). [Latin "declaration of war"). A declaration of war. See declaration of war under DECLARATION (3).

deny the appeal See AFFIRM (1).

deodand (dee-a-dand). Something (such as an animal) that has done wrong and must therefore be forfeited to the Crown. Deodand was abolished in 1846. "In the oldest records, we see no attempt to distinguish the cases in which the dead man was negligent from those in which no fault could be imputed to him, and the large number of deodands collected in every eyre suggests that many horses and boats bore the guilt which should have been ascribed to beer. A drunken carter is crushed beneath the wheels of his cart; the cart, the cask of wine that was in it and the oxen that were drawing it are all deodand. Bracton apparently thought it an abuse to condemn as deodand a thing that had not moved: he would distinguish between the horse which throws a man and the horse off which a man stupidly tumbles, between the tree that falls and the tree against which a man is thrown. We do not see these distinctions in the practice of the courts." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1474 n.4 (2d ed. 1899). "[W]hen in 1716 the coroner's jury of Yarmouth declared a stack of timber which had fallen on a child to be forfeited as a deodand, it was ransomed for 30s., which was paid over to the child's father." J.W. Cecil Turner, Kenny's Outlines of Criminal Law 7 (16th ed. 1952).

deontology The philosophy of ethics, rights, and duties as a matter of natural law. Moral rights in one's one intellectual property are often considered deontological issues. - deontologkal, adj.

department 1. A division of a greater whole; a subdivision <a legal department>. 2. A country's division ofterritory, usu. for governmental and administrative purposes, as in the division of a state into counties <France has regional departments similar to states>. 3. A principal branch or division of government <legislative department>; speci£., a division of the executive branch of the U.S. government, headed by a secretary who is a member of the President's cabinet <Department of Labor>. departmental, adj.

department of agriculture The cabinet-level department of the federal government responsible for improving farm income, developing foreign markets for U.S. farm products, conducting agricultural research, and inspecting and grading food products. Created in 1862, it is headed by the Secretary of Agriculture. -Abbr. USDA.

department of commerce The cabinet -level department of the federal government responsible for promoting the nation's international trade, economic growth, and technical advancement. Designated as a department in 1913, it is headed by the Secretary of Commerce. - Abbr. DOC.

department of defense See DEFENSE DEPARTMENT.

department of defense dependents schools A unit in the U.S. Department of Defense responsible for operating schools from kindergarten through grade 12 for the dependents of military and civilian personnel stationed overseas. - Abbr. DoDDS.

department of education The cabinet-level department of the federal government responsible for advising the President on federal education policy, and administering and coordinating most federal programs of assistance to education. Headed by the Secretary of Education, the Department includes the Office of Bilingual Education and Minority Languages Affairs (OBEMLA), the Office of Educational Research and Improvement (OERI), the Office of Elementary and Secondary Education (OESE), the Office of Post secondary Education (OPE), the Office of Special Education and Rehabilitative Services (OSERS), the Office of Student Financial (OSF), the Office of Vocational and Adult Education (OVAE), and ten regional offices. -Abbr. DOE.

department of energy The cabinet-level department of the federal government responsible for advising the President on energy policies, plans, and programs, and for providing leadership in achieving efficient energy use, diversity in energy sources, and improved environmental quality. Headed by the Secretary of Energy, it oversees a comprehensive national energy plan, including the research, development, and demonstration of energy technology; energy conservation; the nuclearweapons program; and pricing and allocation. Abbr. DOE.

department of health and human services The cabinet-level department of the federal government responsible for matters of health, welfare, and income security. It was originally established by Reorganization Plan No.1 of 1953 under the title Department of Health, Education, and Welfare, The Department is headed by the Secretary of Health and Human Services. Abbr. HHS.

department of homeland security The cabinet-level department of the federal government responsible for ensuring security within the U.S. borders and in its territories and possessions. The Department has five major divisions: Border and Transportation Security, Emergency Preparedness and Response, Science and Technology, Information Analysis and Infrastructure, and Management. It was established in 2002 and began operating in 2003. Abbr. DHS.

department of housing and urban development The cabinet-level department of the federal government responsible for overseeing programs that are con cerned with hOUSing needs and fair-housing opportunities, and with improving and developing the nation's communities. It was established in 1965 bv the Department of Housing and Urban Developmen't Act. 42 USCA §§ 3532-37. It is headed by the Secretary of Housing and Urban Development. - Abbr. HUD.

department of human services See DEPARTMENT OF PUBLIC WELFARE. - Abbr. DHS.

Department of Justice The federal executive division that is responsible for federal law enforcement and related programs and services. The U.S. Attorney General heads this department, which has separate divisions for prosecuting cases under federal antitrust laws, tax laws, environmental laws, and criminal laws. The department also has a civil division that represents the U.S. government in cases involving tort claims and commercial litigation. - Abbr. DOJ.

department of labor The cabinet-level department of the federal government responsible for promoting the welfare of wage earners and for improving working conditions and opportunities for profitable employment. Headed by the Secretary of Labor, it was created in 1913.29 USCA § 551. - Abbr. DOL.

department of public welfare A state-government agency that administers public-assistance programs of all types, such as food stamps and hOUSing vouchers. In many communities, this department is now called the Department of Human Services or Department of Social Services. Abbr. DPW.

department of social services See CHILD PROTECTIVE SERVICES. -Abbr. DSS.

department of state The cabinet-level department of the federal government responsible for advising the President in formulating and executing foreign policy. Headed by the Secretary of State, the Department negotiates treaties and other agreements with foreign nations; speaks for the United States before the United Nations and other international organizations; and represents the United States at international conferences. It was established in 1789 as the Department of Foreign Affairs and was renamed the Department of State later the same year. 22 USCA 2651-2728. Foreign affairs are handled through six bureaus: African Affairs, European Affairs, East Asian and Pacific Affairs, Near East Affairs, South Asian Affairs, and Western Hemisphere Affairs. Also termed State Department.

department of the Interior The cabinet-level department of the federal government responsible for managing the nation's public lands and minerals, national parks, national wildlife refuges, and western water resources, and for upholding federal trust responsibilities to Indian tribes. The Department also has responsibility for migratory-wildlife conservation; historical preservation; endangered species; surfacemined-lands preservation and restoration; mapping; and geological, hydrological, and biological science. It was created in 1849 and reorganized in 1950. Headed by the Secretary of the Interior, it administers several agencies, including the Bureau of Land Management, the Bureau of Indian Affairs, the U.S. Fish and Wildlife Service, and the U.S. Geological Survey. - Also termed Interior Department.

department of the navy See NAVY DEPARTMENT.

department of the treasury The cabinet-level department of the federal government responsible for recommending tax and fiscal policies, collecting taxes, disbursing U.S. government funds, enforcing tax laws, and manufacturing coins and currency. Created by Congress in 1789, it is headed by the Secretary of the Treasury. Also termed Treasury Department.

department of transportatio The federal executive division responsible for programs and policies concerning transportation. Through a series of specialized agencies, this department oversees aviation, highways, railroads, mass transit, the U.S. merchant marine, and other programs. - Abbr. DOT.

department of veterans affairs The cabinet-level department of the federal government responsible for operating programs that benefit veterans of military service and their families. It is headed by the Secretary of Veterans Affairs. - Abbr. VA. Formerly termed Veterans Administration.

departure 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct <an impermissible departure from sentencing guidelines>.

departure in despite of court A failure of a defendant (called a tenant) in a real action to appear on demand. A tenant, having once appeared in a real action, was considered to be constructively present until again called. So if the tenant failed to appear when demanded, the tenant was said to have departed in despite (in contempt) of court.

depecage (dep-a-sahzh). [French "dismemberment"]. A court's application of different state laws to different issues in a legal dispute; choice oflaw on an issue-byissue basis.

depeculation (dee-pek-ya-Iay-shan). Embezzlement from the public treasury. Cf. PECULATION. - depeculate, vb.

dependency 1. A land or territory geographically distinct from the country governing it, but belonging to the country and governed by its laws. The Philippines was formerly a dependency of the United States. Cf.COMMONWEALTH (2); TERRITORY (1). 2. A relationship between two persons or things whereby one is sustained by the other or relies on the other for support or necessities.

dependency hearing See shelter hearing under HEARING.

dependency court A court having jurisdiction over matters involving abused and neglected children, foster care, the termination of parental rights, and (sometimes) adoption.

dependency court- See COURT.

dependency exemption A tax exemption granted to an individual taxpayer for each dependent whose gross income is less than the exemption amount and for each child who is younger than 19 or, if a student, younger than 24.

dependency exemption- See EXEMPTION.

dependency hearing See shelter hearing.

dependent 1. One who relies on another for support; one not able to exist or sustain oneself without the power or aid of someone else.

dependent child A needy child who has been deprived of parental support or care because of the parent's or other responsible person's death, absence from the home, physical or mental incapacity, or (in some cases) unemployment. This definition was formerly found in Aid to Families with Dependent Children (AFDC), 42 USCA § 606(a). When that program was replaced with Temporary Assistance to Needy Families (TANF), the definition was eliminated although sections of TANF refer to it (see, e.g., 42 USCA § 672(h". C-=' 154.1, 157, 158; Social Security and Public Welfare 194.2.]

dependent child- See CHILD.

dependent claim A patent claim that refers to and further limits another claim or set of claims in the same patent application. Also termed appendant claim.

dependent claim- See PATENT CLAIM.

dependent condition A mutual covenant that goes to the consideration on both sides of a contract

dependent condition- See CONDITION {2}.

dependent contract A contract conditioned or dependent on another contract.

dependent contract- See CONTRACT.

dependent covenant A covenant that imposes a duty that depends on the other party's prior performance. Until the performance, the other party does not have to perform. Cf. concurrent covenant; independent covenarlt.

dependent covenant- See COVENANT (1).

dependent coverage An insurance provision for protection of an insured's dependents.

dependent coverage- See COVERAGE.

dependent intervening cause A cause of an accident or injury that occurs between the defendant's behavior and the injurious result, but that does not change the defendant's liability. See intervening cause under CAUSE (1).

dependent promise A promise to be performed by a party only when another obligation has first been performed by another party.

dependent promise- See PROMISE.

dependent relative revocation A common-law doctrine that operates to undo an otherwise sufficient revocation of a will when there is evidence that the testator's revocation was conditional rather than absolute. Typically, the doctrine applies when a testator has physically revoked the will and believes that a new will is valid, although this belief is mistaken. The doctrine undoes only the revocation; it does not always accomplish the testator's intent or validate an otherwise invalid will Also termed dependent-relative-revocation doctrine; conditional revocation; mistakenly induced revocation; ineffective revocation; doctrine of ineffective revocation.

dependent state See nonsovereign state under STATE.

dependent state See nonsovereign state.

depletable economic interest A mineral-land interest subject to depletion by the removal (by drilling or mining) of the mineral that is the subject of the interest.

depletion An emptying, exhausting, or wasting of an asset, esp. of a finite natural resource such as oil. - deplete, vb. - depletive, adj.

depletion allowance A tax deduction for the owners of oil, gas, mineral, or timber resources corresponding to the reduced value of the property resulting from the removal of the resource. 4. Archaic. A special sum that a court awards to the prevailing party in addition to the usual costs of court, esp. in a difficult case. Also termed extra allowance; special allowance. 5. Patents. The U.S. Patent and Trademark Office's decision to issue a patent to an applicant: specif., the patent examiner's approval of at least one of an application's claims . Once a Notice of Allowance is sent, the inventor must pay an issue fee before the PTO issues the patent. 6. Trademarks. The U.S. Patent and Trademark Office's decision to approve a trademark for which the application was made under § l(b) of the Lanham Act. If a trademark application made under § l(b) is approved by the PTO, the Office publishes the mark and - unless it is successfully opposed - issues a certificate of registration and publishes notice of the registration in the Official Gazette.

depletion allowance- See ALLOWANCE (3).

depletion reserve Accounting. A charge to income reflecting the decrease in the value of a wasting asset, such as an oil reserve.

depnblished opinion See OPINION (I),

depone (di-pohn), vb. Scots law. To testify. See DEPOSE.

deponent (di-poh-nant), n. 1. One who testifies by deposition. 2. A witness who gives written testimony for later use in court; AFFIANT. - depone, vb.

depopulatio agrorum (dee-pop-yoo-Iay-shee-oh a-gror-am), n. [Law Latin "depopulating the county"]. The crime of destroying or ravaging a country. A person could not claim the benefit of clergy for this crime.

depopulation 1. A substantial reduction in population. 2. A species of waste by which the kingdom's population was diminished. See DEPOPULATIO AGRORUM.