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deportable adj. (Of an alien) subject to removal from a country after an illegal entry.

deportable alien A alien who has entered the United States but is subject to removal.

deportable alien- See ALIEN.

deportatio (dee-por-tay-shee-oh), n. [fr. Latin deportare "to carry away"]. Roman law. Permanent exile of a condemned criminal involving loss of citizenship and, usu., forfeiture of all property. Cf. RELEGATIO. "Deportatio. Perpetual banishment of a person condemned for a crime. It was the severest form of banishment since it included additional penalties. such as seizure of the whole property. loss of Roman citizenship, confinement to a definite place. Under the Principate it replaced the former interdictio aqua et igni. The emperor could grant the deportee full amnesty, which restored him to his former rights (postliminium). Places of deportatiowere islands (in insulam) near the Italian shore or an oasis in the Libyan desert." Adolf Berger, Encyclopedic Dictionary of Roman Law 432 (1953).

deportation (dee-por-tay-shan), The act or an instance of removing a person to another country; esp., the expulsion or transfer ofan alien from a country. deport, vb.

depose (di-pohz), vb. 1. To examine (a witness) in a deposition <the defendant's attorney will depose the plaintiff on Tuesday>. 2. To testify; to bear witness <the affiant deposes and states that he is at least 18 years old>. 3. To remove from office or from a position of power; dethrone <rebels sought to depose the dictator>.

deposit 1. The act of giving money or other property to another who promises to preserve it or to use it and return it in kind; esp., the act of placing money in a bank for safety and convenience. 2. The money or property so given.

deposit account A demand, time, savings, passbook, or similar account maintained with a bank, savingsand-loan association, credit union, or like organization, other than investment property or an account evidenced by an instrument. UCC § 9-102(a)(20). Abbr. D.A.

deposit account- See ACCOUNT.

deposit box See SAFE-DEPOSIT BOX.

deposit company An institution whose business is the safekeeping of securities or other valuables deposited in boxes or safes leased to the depositors. See DEPOSITARY; DEPOSITORY.

deposit company- See COMPANY.

deposit contract An agreement between a financial institution and its customer governing the treatment of deposited funds and the payment of checks and other demands against the customer's account.

deposit contract- See CONTRACT.

deposit in court The placing of money or other property that represents a person's potential liability in the court's temporary custody, pending the outcome of a lawsuit. Also termed deposit into the registry of the court.

deposit insurance A federally sponsored indemnification program to protect depositors against the loss of their money, up to a specified maximum, if the bank or savings-and-loan association fails or defaults.

deposit insurance See INSURANCE.

deposit into the registry of the court See DEPOSIT IN COURT.

deposit of title deeds A pledge of real property as security for a loan, by placing with the lender, as pledgee, the title-deed to the land.

deposit premium The initial premium paid by an insured pending the final premium adjustment.

deposit ratio The ratio of total deposits to total capital.

deposit slip A bank's written acknowledgment of an amount received on a certain date from a depositor.

deposit warrant See WARRANT (2).

depositary 1. A person or institution that one leaves money or valuables with for safekeeping <a title-insurance officer is the depositary of the funds>. - When a depositary is a company, it is often termed a safe-deposit company. Cf. DEPOSITORY. 2. A gratuitous bailee. See DEPOSIT (5).

depositary bank The first bank to which an item is transferred for collection. UCC § 4-105(2).

depositary bank- See BANK.

deposition (dep-a-zish-an). 1. A witness's out-ofcourt testimony that is reduced to writing (usu. by a court reporter) for later use in court or for discovery purposes. See Fed. R. Civ. P. 30; Fed. R. Crim. P. 15.Also termed examination before trial. 2. The session at which such testimony is recorded.

deposition de bene esse (dee bee-nee es-ee also day ben-ay-es-ay). A deposition taken from a witness who will likely be unable to attend a scheduled trial or hearing. If the witness is not available to attend trial, the testimony is read at trial as if the witness depository institution were present in court. See testimony de bene esse under TESTIMONY.

deposition on written interrogatories See deposition on written questions under DEPOSITION.

deposition on written questions A deposition given in response to a prepared set of written questions, as opposed to a typical oral deposition. See Fed. R. Civ. P. 31. Formerly also termed deposition on written interrogatories. "The advantage of a deposition on written questions is that counsel for the parties need not go to some distant place to be present at the taking of the deposition. Instead they serve on each other questions and cross questions ~ and even redirect and recross questions that they wish to have put to the deponent. These are then sent to the officer who is to take the deposition. The officer puts the questions to the witness, records the answers, and transcribes and files the deposition as with an oral deposition. The officer is merely to record what the witness says in response to the various questions propounded to him or her." Charles Alan Wright, The Law of Federal Courts § 85, at 618-19 (5th ed. 1994).

deposition subpoena 1. A subpoena issued to summon a person to make a sworn statement in a time and place other than a trial. 2. In some jurisdictions, a subpoena duces tecum.

deposition subpoena See SUBPOENA.

deposition subpoena duces tecum See subpoena duces tecum under SUBPOENA.

depositor One who makes a deposit. See DEPOSIT.

depository (di-poz-a-tor-ee), A place where one leaves money or valuables for safekeeping <the grade school's depository for used books>. Cf. DEPOSITARY.

depository bond A bond given by a bank to protect a public body's deposits should the bank become insolvent.

depository bond- See BOND (2).

depository institution 1. An organization formed under state or federal law, authorized by law to receive deposits, and supervised and examined by a government agency for the protection of depositors. 2. A trust company or other institution authorized by law to exercise fiduciary powers similar to those of a national bank. The term does not include an insurance company, a Morris Plan bank, an industrial loan company, or similar bank unless its deposits are insured by a federal agency.

depository trust corporation The principal central clearing agency for securities transactions on the public markets. Abbr. DTC.

depository-transfer check An unsigned, nonnegotiable check that is used by a bank to transfer funds from its branch to the collection bank.

depository-transfer check- See CHECK.

depositum (di-poz-i-tam), n. Roman law. The gratuitous deposit of goods for the benefit of the depositor. The depositee was liable only for dolus. See DOLUS. Cf. gratuitous bailment under BAILMENT; DEPOSIT (5).

depraved 1. (Of a person or crime) corrupt; perverted. 2. (Of a crime) heinous; morally horrendous. depravity, n.

depraved-heart murder See MURDER.

depraved-indifference murder See depraved-heart murder under MURDER.

depreciation reserve An account built up to offset the depreciation of property because of time and use, so that at the end of the property's service there is enough money to replace the property.

depredable life See USEFUL LIFE.

depredation (di-pree-shee-ay-shan), n. A decline in an asset's value because of use, wear, obsolescence, or age. Cf. APPRECIATION; AMORTIZATION (2). - depreciate, vb. depreciable, adj.

depredation- The act of plundering; pillaging.

depredation method A set formula used in estimating an asset's use, wear, or obsolescence over the asset's useful life or some portion thereof. This method is useful in calculating the allowable annual tax deduction for depreciation. See USEFUL LIFE.

depression A period of economic stress that persists over an extended period, accompanied by poor business conditions and high unemployment. Cf. RECESSION.

deprivation 1. An act of taking away <deprivation of property>. 2. A withholding of something <deprivation of food>. 3. The state of being without something; wanting <sleep deprivation>. 4. A removal or degradation from office, esp. an ecclesiastical office <deprivation of the bishop>. Cf. DEPOSITION (4); DEGRADATION (1).

deprived child A child who (1) lacks proper parental care or control, subsistence, education, or other care and control for his or her phYSical, mental, or emotional well-being, (2) has been placed for care or adoption in violation of the law, (3) has been abandoned, or (4) is without a parent, guardian, or legal custodian. Uniform Juvenile Delinquency Act, 18 USCA §§ 5031 et seq. Cf. neglected child.

deprived child- See CHILD.

deprizio doctrine Bankruptcy. The rule that a debtor's payment to an outside creditor more than 90 days before a bankruptcy filing is voidable as a preferential transfer if the payment also benefits an inside creditor. Levit v, Ingersoll Rand Fin. Corp. (In re v.N. Deprizio Constr. Co.), 874 F.2d 1186 (7th Cir. 1989).

depublished opinion An intermediate appellate court s opinion that has been struck from the official reports, esp. by the highest court.

depute A person appointed to act in an official capacity or as another official's representative.

deputy A person appointed or delegated to act as a substitute for another, esp. for an official. - deputize, depute, vb.

deputy sheriff An officer who, acting under the direction of a sheriff, may perform most of the duties of the sheriffs office . Although undersheriffis broadly synonymous with deputy sheriff, writers have sometimes distinguished between the two, suggesting that a deputy is appointed for a special occasion or purpose, while an undersheriff is permanent. - Also termed undersheriff; general deputy; Vice-sheriff. 2. Scots law. The chief judge at the county level, with limited criminal and unlimited civil jurisdiction. A sheriff may not hear cases of murder or of some minor offenses. In medieval times, the sheriff was the kings representative in the shires, haVing military, administrative, and judicial functions. The office was hereditary until the Heritable Jurisdictions Act of 1746.

deputy sheriff, See SHERIFF.

DEQ abbr. DELIVERED EX QUAY.

deraign Archaic. The process of proving, vindicating, or maintaining a legal right. Historically, a deraign commonly took the form of a duel or trial by combat. Also termed deraignment.

deraign- 1. To prove, justify, vindicate, or settle (a right or claim). 2. To dispute or contest. 3. To settle (a dispute) by battle or duel.

deraignment See DERAIGN.

derecho de autor See AUTHOR'S RIGHT.

deregistration The point at which an issuer's registration under section 12 of the Securities Exchange Act of 1934 is no longer required because of a decline in the number of holders of the issuer's securities. 15 USCA § 781. Deregistration is triggered when the number of holders falls below a certain number or when required by an administrative order. Cf. DELI STING. deregister, vb.

deregulation The reduction or elimination of governmental control of business, esp. to permit free markets and competition. deregulate, vb.

deregulation clause Oil & gas. A gas-contract provision specifying how the price of gas will be calculated and what the buyer's and seller's obligations will be if regulated natural gas becomes deregulated.

derelict (der-a-likt), adj. 1. Forsaken; abandoned; cast away <derelict property>. See quasi-derelict under DERELICT. 2. Lacking a sense of duty; in breach of a legal or moral obligation <the managers were derelict in their duties>. 3. Dilapidated; run-down.

derelict- 1. Personal property abandoned or thrown away by the owner with no intent to claim it any longer, such as a ship deserted at sea.

dereliction (der-a-lik-shan), 1. The forsaking of a legal or moral obligation with no intent to reassume it; abandonment <dereliction of duty>.

dereliction in the performance of duties Military law. Willful or negligent failure to perform assigned duties; culpable inefficiency in performing assigned duties. 2. An increase ofland caused by the receding of a sea, river, or stream from its usual watermark. See RELIC TION.

derelict-official act A statute that mandates forfeiture of office if the holder willfully neglects or fraudulently fails to perform official duties.

derico capto per statutum mercatorium See DE CLERICO CAPTO PER STATUTUM MERCATORIUM DELIBERANDO.

derico infra sacros ordines constituto, non eligendo in officium See DE CLERICO INFRA SACROS ORDINES CONSTITUTO, NON ELIGENDO IN OFFICIUM.

dericus (kler-a-kas). [Law Latin "clergyman"] Hist. 1. A person in holy orders; a priest or deacon. 2. A court clerk or officer of the royal household. 3. AMANUENSIS.

derivation clause A deed-of-trust provision that provides information about the transfer of a property, esp. the source of the title, such as the name of the previous grantor and the recording date of the deed. See deed of trust under DEED.

derivative Copyright. Of, relating to, or constituting a work that is taken from, translated from, adapted from, or in some way further develops a previous work. Copyright protection includes the exclusive right in derivative works, such as a screenplay adapted from a book, or a variant musical arrangement.

derivative- 1. A financial instrument whose value depends on or is derived from the performance of a secondary source such as an underlying bond, currency, or commddity. - Also termed derivative instrument; derivative security. "Derivatives transactions may be based on the value of foreign currency, U.S. Treasury bonds, stock indexes, or interest rates. The values of these underlying financial instruments are determined by market forces, such as movements in interest rates. Within the broad panoply of derivatives transactions are numerous innovative financial instruments whose objectives may include a hedge against market risks, management of assets and liabilities, or lowering of funding costs; derivatives may also be used as speculation for profit." Procter & Gamble Co. v. Bankers Trust Co., [1996-1997 Transfer Binder] Fed. Sec. L. Rep. (CCH) ~ 99,229, at 95,238 (S.D. Ohio 1996). 2. See derivative work under WORK (2).

derivative acquisition An acquisition obtained from another, as by sale or gift.

derivative acquisition- See ACQUISITION.

derivative action See DERIVATIVE ACTION.

derivative action- 1. A suit by a beneficiary of a fiduciary to enforce a right belonging to the fiduciary; esp., a suit asserted by a shareholder on the corporation's behalf against a third party (usu. a corporate officer) because of the corporation's failure to take some action against the third party. See Fed. R. Civ. P. 23.1. - Also termed derivative suit; shareholder derivative suit; stockholder derivative suit; representative action. Cf. DIRECT ACTION (3). 2. A lawsuit arising from an injury to another person, such as a husband's action for loss of consortium arising from an injury to his wife caused by a third person.

derivative contraband Property whose possession becomes unlawful when it is used in committing an illegal act. Cf. contraband per se.

derivative contraband- See CONTRABAND.

derivative conveyance See secondary conveyance.

derivative conveyance- See secondary conveyance under CONVEYANCE.

derivative deed See secondary conveyance under CONVEYANCE.

derivative deed- See secondary conveyance under CONVEYANCE.

derivative defense A defense that rebuts the criminal elements that a prosecutor must establish to justify the submission of a criminal case to a jury.

derivative defense- See DEFENSE (1).

derivative entrapment See ENTRAPMENT.

derivative entrapment- Entrapment in which the government uses a private person, acting either as an agent of the government or as an unwitting participant, to induce the subject of the entrapment to commit a crime.

derivative estate See ESTATE (1).

derivative estate- A particular interest that has been carved out of another, larger estate. Cf. original estate.

derivative evidence See EVIDENCE.

derivative evidence- Evidence that is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint. See EXCLUSIONARY RULE; FRUIT-OF-THE-POISONOUS-TREE DOCTRINE.

derivative instrument See DERIVATIVE (1).

derivative lease See SUBLEASE.

derivative liability See LIABILITY.