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dictate 1. To pronounce orally for transcription. 2. To order; to command authoritatively.

dictation 1. The act ofspeaking words to be transcribed. 2. The words so transcribed.

dictator 1. Roman law. An absolute ruler appointed in an emergency for a term of six months and subject to reappointment. "In special emergencies, particularly in times of grave crisis, either consul might appoint a dictator who exercised supreme authority, but not beyond six months, unless reappointed. This was, in effect, a temporary reversion to monarChy." RW. Lee, The Elements of Roman Law 14 (4th ed. 1956). 2. A person, esp. a ruler, with absolute authority.

dictum (dik-tam), 1. A statement of opinion or belief considered authoritative because of the dignity of the person making it. 2. A familiar rule; a maxim. 3. OBITER DICTUM. PI. dicta. "As a dictum is by definition no part of the doctrine of the deciSion, and as the citing of it as a part of the doctrine is almost certain to bring upon a brief maker adverse comment, lawyers are accustomed to speak of a dictum rather slightingly, and sometimes they go so far as to intimate a belief that the pronouncing of a dictum is the doing of a wrong. Yet it must not be forgotten that dicta are frequently, and indeed usually, correct, and that to give an occasional illustration, or to say that the doctrine of the case would not apply to some case of an hypothetical nature, or to trace the history of a doctrine, even though it be conceded, as it must, that such passages are not essential to the deciding of the very is often extremely useful to the profession." William M. et aI., Brief Making and the Use of Law Books 307 (3d ed. 1914).

dictum de kenilworth (dik-tam dee ken-al-warth), n. [Law Latin "edict of Kenilworth"]. A declaration of an agreement between Edward I and the barons who had opposed him under the leadership of Simon de Montfort. The agreement, which concerned rent on the lands forfeited in the rebellion, was so called because it was made at Kenilworth castle in Warwickshire in A.D. 1266. It was published in the Statutes of the Realm and 52 Hen. 3.

dictum page See pinpoint citation under CITATION (3).

dictum propria See dictum proprium under DICTUM.

dictum proprium (dik-tam proh-pree-am). A personal or individual dictum that is given by the judge who delivers an opinion but that is not necessarily concurred in by the whole court and is not essential to the disposition of the case. Also termed (loosely) dictum propria.

diebus feriatis (di-a-bas feer-ee-ay-tis). [Latin]. On holidays.

diei dictio (di-ee-i dik-shee-oh). [Latin "appointing a day"], Roman law. 1. A magistrate's notice summoning the accused to appear on a fixed day for trial. 2. The service ofa summons. Also written did dictitio, diem dicere.

diem clausit extremum (di-am klaw-zit ek-stree-mam), n. [Law Latin "he closed his last day"], 1. A chancery writ, founded on the statute of Madbury, ordering the county escheator, after the death of a chief tenant of the Crown, to summon a jury to determine the amount and value ofland owned by the chief tenant, to determine the next heir, and to reclaim the property for the Crown. - It was a type of inquisition post mortem. "Diem clausit extremum is a writ that lies where the king's tenant that holds in chief, dies; then this writ shall be directed to the excheator, to inquire of what estate he was seised, who is next heir, and his age. and of the certainty and value of the land, and of whom it is holden; and the inquisition shall be returned into the chancery, which is commonly called the office after the death of that person," Termes de fa Ley 169 (lst Am. ed. 1812). 2. An Exchequer writ ordering a sheriff to summon a jury to investigate a Crown debtor's place of death and amount ofproperty owned, and to levy the property of the deceased's heirs and executors, - It was repealed by the Crown Proceedings Act of 1947. "And there is another writ of diem clausit extremum awarded out of the exchequer, after the death of an accomptant or debtor of his majesty, to levy the debt of his heir, executor, administrator's lands or goods." Termes de fa Ley 169 (1 st Am. ed, 1812).

dies (di-eez), n. [Latin]. A day; days. PI. dies.

dies a quo (di-eez ay kwoh), n. [Latin "the day from which"], Civil law, A transaction's commencement date; the date from which to compute time, such as a day when interest begins to accrue. La. Civ. Code art. 1784.

dies ad quem (di-eez ad kwem), n. [Latin "the day to which"], Civil law. An ending date for a transaction; the ending date for computing time, such as the day on which interest no longer accrues.

dies amoris (di-eez a-mor-is), n. [Law Latin]. A day of favor; esp., a day set by the court for the defendant to make an appearance. This was usu. the fourth day of the term, which was the first day the court normally sat for business. In addition, the defendant usu. had three days of grace from the summons to appear, but an appearance on the fourth day quarto die post ("on the fourth day thereafter") was usu. sufficient.

dies cedit (di-eez see-dit). [Latin "the time begins to run"], Roman & Scots law. The day on which an interest, esp. a legacy, vests; the day on which a conditional obligation becomes due. An interest usu., but not always, vested on the day of the testator's death. Also termed dies cedens. Cf. dies venit. "A legacy was due, or became a valid right, either at the death of the testator or the occurrence of a condition precedent. This vesting of the property or the accruing of an obligation determined the content and nature of the interests involved. What the legatary got was discovered by examining what the legacy actually carried with it on the day when it became vested. To express the fact that the legacy had become vested, the technical expression dies cedit was used." Max Radin. Handbook of Roman Law 434-35 (1927),

dies comitiales (di-eez ka-mish-ee-ay-leez). [Latin] Roman law. 1he 190 days in the year when an election could be held or the people could assemble as a legislative body. The praetors could not hold court while a legislative assembly was in session.

dies communes in banco (di-eez ka-myoo-neez in bang-koh), n. [Law Latin "common days before the bench"]!. Regular appearance dates in court. - Also termed common-return days. 2. An enactment printed under the Statutes of Henry III, regulating continuances and writ return dates.

dies datus (di-eez day-tas), n. [Law Latin "a given day"], A continuance, esp. for a defendant before a declaration is filed; a time of respite in a case. A continuance granted after the filing of the declaration is called an imparlance. See IMPARLANCE.

dies datus in banco (di-eez day-tas in bang-koh), n. [Law Latin] A day given before the bench, as distingUished from a day at nisi prius.

dies datus partibus (di-eez day-tas pahr-ta-bas), n. [Law Latin "a day given to the parties"], A continuance; an adjournment.

dies dominicus (di-eez da-min-i-kas), n. [Latin] The Lord's day; Sunday.

dies dotus prece partium (di-eez day-tas prce-see pahr-shee-am), n. [Law Latin "a day given at the prayer of the parties"] A day given at the parties' request.

dies excrescens (di-eez ek-skree-sanz), n. [Law Latin "the increasing day"], The additional day in a leap year.

dies fasti (di-eez fas-ti). [Latin]. Roman law. A day when justice could be administered; a day when the praetor could officially pronounce the three words "do," "dico," and "addico." Also called triverbial days. Cf. NEFASTUS.

dies feriati (di-eez fer-ee-ay-ti), n. [Latin]. Roman & civil law. A holiday; holidays.

dies gratiae (di-eez gray-shee-ee), n. [fr. Law French jour de grace]. A day of grace, usu. granted to the plaintiff.

dies in banco See DAYS IN BANK.

dies intercisi (di-eez in-tar-si-zi). [Latin "divided days"]. Roman law. A day when the courts were open for only part of the day.

dies juridicus (di-eez juu-rid-i-kas), n. [Latin]. A day when justice can be administered. This term was derived from the civil-law term dies fasti. See dies fasti.

dies legitimus (di-eez la-jit-i-mas). [Latin), Roman law. A lawful day; a law day.

dies marchiae (di-eez mahr-kee-ee), n. [Law Latin "a day of the march"]. In the reign of Richard II, the annual day set aside for the wardens of the English and Scottish borders to hold peace talks and resolve differences.

dies nefasti (di-eez nee-fas-ti), n. 1. NEFASTUS (2). 2. See dies non juridicus.

dies non (di-eez non). See dies non juridicus.

dies non juridicus (di-eez non juu-rid-i-kas), n. [Law Latin "a day not juridical"), A day exempt from court proceedings, such as a holiday or a Sunday. Often shortened to dies non.

dies pacis (di-eez pay-sis), n. [Law Latin "day of peace"). A day of peace. The days were originally divided into two categories: dies pacis ecclesiae ("a day of the peace of the church") and dies pads regis ("a day of the Crown's peace").

dies religiosi (di-eez ri-lij-ee-oh-si). [Latin], Roman law. Religious days on which it was unlawful to transact legal or political business.

dies solaris (di-eez sa-Iair-is), n. [Law Latin "a solar day"] See solar day under DAY.

dies solis (di-eez soh-lis). [Latin "day of the sun"], Roman law. Sunday.

dies utiles (di-eez yoo-ta-leez). [Latin "available days"], Roman law. A day when something can be legally done, such as an application to the praetor to claim an inheritance.

dies venit (di-eez vee-nit). [Latin "the day has corne"] Roman & Scots law. The date when an interest is both vested and actionable. It is usu. the day when the heir accepts the inheritance and a legatee can claim payment of a legacy. Also termed dies veniel1s. Cf. dies cedit. "But the legacy, though vested, is not yet so completely the property of the legatary that he may bring an action for it. To the fact that such a right of action accrues, the term venit was used. In general, it may be said that dies veniens occurred when, and not until, the heres has actually entered upon the inheritance. But, of course, if the legacy was conditional, the heres may enter before the condition happens. In that case, dies veniens will occur simultaneously with dies cedens; i.e., the legacy will vest and the bequest become actionable at the same moment." Max Radin, Handbook of Roman Law 435 (1927).

dies votorum (di-eez voh-tor-am), n. [Latin "a day of vows"], A wedding day.

diet 1. A regimen, esp. of food. 2. (cap.) A nation's parliamentary assembly, as in Israel, Japan, or some eastern European nations. 3. A governing body's meeting day for legislative, political, or religious purposes; specif., a national assembly of various European countries, such as the diet ofthe German empire, which was summoned by the emperor regularly to perform various functions, including levying taxes, enacting laws, and declaring war. 4. Scots law. A day to perform a duty, such as a court sitting day, an appearance day, and a criminal pleading or trial day. - Also spelled dyet. "In procedure on indictment there are two diets, the pleading diet, when the accused is called to plead, and the trial diet when, if he has pled not gUilty, he is tried." David M. Walker, The Oxford Companion to Law 357 (1980).

dieta (di-ee-ta), n. [fr. Latin dies "day"], 1. A day's journey. 2. A day's work. 3. A day's expenses.

dietary law Any of the body of laws observed by members of various faiths regulating what foods may be eaten, how the foods must be prepared and served, and what combinations and contacts (e.g., between meat and milk) are prohibited.

dieu et mon droit (dyuu ay mawn drwah). [French "God and my right"], The motto of the royal arms of England. It was first used by Richard I and, with the exception of Elizabeth 1, was continually used from Edward III to William III, who used the motto je maintiendrey. Queen Anne used Elizabeth 1'8 motto, semper eadem, but Dieu et mon droit has been used since her death.

dieu son acte (dyuu sawn akt), n. [Law Latin "an act of God"]. An act of God, beyond human control.

dif system See DISCRIMINANT FUNCTION.

diffacere (di-fay-sa-ree), vb. [fr. Old French deffacerl. To deface; to mutilate. Also termed disfacere; defacere.

different-department rule A doctrine holding that people who work for the same employer are not fellow servants if they do not do the same work or do not work in the same department. This rule, which creates an exception to the fellow-servant doctrine, has been rejected by many jurisdictions. See FELLOW-SERVANT DOCTRINE; feliow servant under SERVANT.

differential pricing The setting of the price of a product or service differently for different customers. See PRICE DISCRIMINATION.

difforciare (di-for-shee-air-ee), vb. [Law Latin "to deny"]. To keep (something) from someone; to deny (something) to someone.

diffused surface water See WATER.

digama (dig-a-ma). See DEUTEROGAMY.

digamy (dig-a-mee). See DEUTEROGAMY.

digest 1. An index oflegal propositions showing which cases support each proposition; a collection of summaries of reported cases, arranged by subject and subdivided by jurisdiction and court. The chief purpose of a digest is to make the contents of reports available and to group together those cases bearing on some specific point. The American Digest System covers the decisions of all American courts oflast resort, state and federal, from 1658 to present. Abbr. D.; Dig. "An important and numerous class of books included in the general division designated as books of secondary author· ity is the group known by the generic name of 'Digests.' A Digest is essentially an index to Cases. But it is much more than an ordinary index, for it indicates the holdings and (in some, though not all, publications) the facts of each case. Any particular digest is a summary of the case law coming within its scope, and its units are summaries of particular points of particular cases. What the syllabi of a reported case are to that case, a digest is to many cases. Were a digest simply a collection of citations to cases, arranged logically according to the contents of such cases, it would be a search book; but, being a summary of the case law, it is a book of secondary authority." William M. Lile et aI., Brief Making and the Use of Law Books 68 (3d ed. 1914). 2. Civil law. (cap.) A compilation and systematic statement of the various areas of law; chiefly, the Pandects of Justinian in 50 books, known as the Digest. - Also termed (figesta; digests. See PANDECT (2).

digital agenda Copyright. A series of 10 proposed changes to copyright law announced by WI PO in 1999 and deSigned to protect intellectual-property rights on the Internet while promoting e-commerce. Also termed WIPO digital agenda.

digital cash See e-money under MONEY.

digital certificate A publicly available computer-based record that identifies the certifying authority and the subscriber who was issued a digital signature for electronically transmitted documents and that also provides the person's public key for decrypting the digital signature. Subscribers register with certification authorities to obtain digital signatures. Certificates may include additional information, including issuance and expiration dates, and recommended reliance limits for transactions relying on the certificate. The certificate also serves as an electronic notarization when attached to an electronic document by the sender.

digital fingerprinting See STEGANOGRAPHY.

digital millennium copyright act A 1998 federal law harmonizing United States copyright protection with international law, limiting copyright liability for Internet service providers, and expanding software owners' ability to copy programs. Among many other provisions, the statute extends copyright protection to computer programs, movies, and other audiovisual works worldwide; attempts to regulate cyberspace; forbids devices whose purpose is to evade digital antipiracy tools; and bars the production or distribution of falsified copyright-management information. 17 USCA §§ 1301-1332. Abbr. DMCA.

digital sampling See SAMPLING.

digital signature A secure, digital code attached to an electronically transmitted message that uniquely identifies and authenticates the sender. A digital signature consists of a "hashed" number combined with a number assigned to a document (a private¬ encryption key), Generating a signature requires the use of private- and public-key-encryption software, and is often activated by a simple command or act, such as clicking on a "place order" icon on a retailers website. Digital signatures are esp. important for electronic commerce and are a key component of many electronic message-authentication schemes. Several states have passed legislation recognizing the legality of digital signatures. See E-COMMERCE; KEY ENCRYPTION.

digital signature See SIGNATURE.

digital watermarking See STEGANOGRAPHY.

dignitary adj. Ofor relating to one's interest in personal dignity, as contrasted with one's interest in freedom from physical injury and property damage. Tort actions that compensate a plaintiff for a dignitary insult rather than physical injury or property damage include false-light privacy and negligent infliction of emotional distress.

dignitary- 1. A person who holds a high rank or honor. 2. Eccles. law. A person who, by virtue of holding a superior office stands above ordinary priests and canons.

dignitary tort See TORT.

dignity 1. The state of being noble; the state of being dignified. 2. An elevated title or position. 3. A person holding an elevated title; a dignitary. 4. A right to hold a title of nobility, which may be hereditary or for life. "Dignities may be hereditary, such as peerages ... or for life, such as life peerages and knighthoods. The dignities of peerages and baronetcies are created by writ or letters patent, that of knighthood by dubbing as knight. A dignity of inheritance may also exist by prescription. Dignities of inheritance are incorporeal hereditaments having been originally annexed to the possession of certain lands or created by a grant of those lands and are generally limited to the grantee and his heirs Of his heirs of the body. If heirs are not mentioned, the grantee holds for life only. The heirs are determined by the rules which governed the descent of land prior to 1926." David M. Walker, The Oxford Companion to Law 358 (1980).

dijudication (di-joo-da-kay-shan). Archaic. A judicial determination.

dilapidation (often pl.) Damage to a building resulting from acts of either commission or omission. A dilapidation may give rise to liability if it constitutes an act of waste, a breach of contract, or a statutory violation.

dilapidations. action for (da-Iap-a-day-shanz). An action brought by a new incumbent of a benefice for damages rising from the disrepair of the houses or buildings on the benefice. The incumbent whether of a rectory, a vicarage, or a chapel - sued the executors or administrators ofthe incumbent's deceased predecessor (who was not liable for the disrepairs while living). The incumbent of a benefice was bound to maintain the parsonage, farm buildings, and chancel in good and substantial repair, restoring and rebuilding when necessary, according to the original plan. But the incumbent did not have to supply or maintain anything in the nature of ornament.

dilatory (dil-a-tor-ee), adj. Tending to cause delay <the judge's opinion criticized the lawyer's persistent dilatory tactics>.

dilatory defense (dil-a-tor-ee). A defense that temporarily obstructs or delays a lawsuit but does not address the merits. Examples of dilatory defenses include misjoinder, nonjoinder, res judicata, misnomer, lack of capacity to sue, another action pending, statute of limitations, prematurity, unripeness, release, and settlement.

dilatory defense- See DEFENSE (1).

dilatory exception See EXCEPTION (1).

dilatory exception- (dil-a-tor-ee). Louisiana law. An exception intended to delay but not dismiss an action.

dilatory fiduciary See FIDUCIARY.

dilatory fiduciary- (dil-a-tor-ee). A trustee or other fiduciary who is unreasonably slow in administering an estate.

dilatory motion 1. See MOTION (1). 2. See MOTION (2).

dilatory plea (dil-a-tor-ee). A plea that does not challenge the merits of a case but that seeks to delay or defeat the action on procedural grounds. "Dilatory pleas are those which do not answer the general right of the plaintiff, either by denial or in confession and avoidance, but assert matter tending to defeat the particular action by resisting the plaintiff s present right of recovery. They may be divided into two main classes: (1) Pleas to the jurisdiction and venue. (2) Pleas in abatement. A minor class, sometimes recognized, is pleas in suspension of the action." Benjamin J. Shipman, Handbook of Common-Law Pleading § 220, at 382 (Henry Winthrop Ballantine ed., 3d ed. 1923).

dilatory plea See PLEA (3).

dilecto et fideli (di-lek-toh et fi-dee-li). [Law Latin], To his beloved and faithful. This phrase was used in various writs. Abbr. di. et fi.

diligence 1. A continual effort to accomplish something. 2. Care; caution; the attention and care required from a person in a given situation. The Roman-law equivalent is dilegentia. See DILEGENTIA. "Care, or the absence of negligentia, is diligentia. The use of the word diligence in this sense is obsolete in modern English, though it is still retained as an archaism of legal diction. In ordinary usage, diligence is opposed to idleness, not to carelessness." John Salmond, Jurisprudence 393 n.(i) (Glanville L. Williams ed., 10th ed. 1947).

diligence against the heritage Scots law. A writ of execution allowing a creditor to proceed against a debtor's real property.

diligent adj. Careful; attentive; persistent in doing something.

diligent inquiry A careful and good-faith probing to ascertain the truth of something.

diligentia (dil-a-jen-shee-a), n. [Latin], Roman law. Carefulness; diligence. The failure to exercise diligentia might make a person liable if contractually obliged to look after another's interests, or it might result in tort liability. See DILIGENCE. Cf. NEGLIGENTIA. "The texts distinguish two standards of diligence, a higher and a lower. The higher is the diligence which the good father of a family habitually exhibits in his own affairs (diligentia exacta or exactissima diligentia boni patris· familias). The lower is the diligence which the person in question exhibits in his own affairs (diligentia quam suis rebus). This may, in fact, reach a high degree of diligence or it may not. But, at least, where this standard is applied nothing extraordinary is expected. It is a concrete standard. It is enough that the person in question pursues his normal course. According to a traditional terminology, where the first standard is applied, there is said to be liabil· ity for culpa levis in abstracto slight negligence in the abstract; in the second case there is liability for culpa levis in concreto slight negligence in the concrete." R.W. lee, The Elements of Roman Law 288 (4th ed. 1956).

diligentia exactissima (dil-a-jen-shee-a eks-ak-tis-a-ma). [Latin]. Extraordinary diligence that a head of a family habitually exercises in business. - Also termed diligentia exacta; diligentia boni patrisfamilias. See extraordinary diligence under DILIGENCE.

diligentia media (dil-i-jen-shee-a mee-dee-a). [Law Latin], Scots law. Middle level ofdiligence; the level of diligence that a person ofordinary prudence exercises in his or her own affairs. Also termed diligentia quam suis rebus (dil-a-jen-shee- a kwam s[y]oo-is ree-bas). See ordinary diligence under DILIGENCE.

diligentia quam suis rebus See diligel1tia media.

diligiatus (da-Iij-ee-ay-tas), n. [fr. Latin dis- "apart" + Zigius "under legal protection"]. A person cast out of the law's protection; an outlaw.

dillon's rule The doctrine that a unit oflocal government may exercise only those powers that the state expressly grants to it, the powers necessarily and fairly implied from that grant, and the powers that are indispensable to the existence of the unit of local government. For the origins of this rule, see 1 John F. Dillon, The Law of Municipal Corporations § 89, at 115 (3d ed. 1881).

dilution 1. The act or an instance of diminishing a thing's strength or lessening its value. 2. Corporations. The reduction in the monetary value or voting power of stock by increasing the total number of outstanding shares. 3. Constitutional law. The limitation of the effectiveness of a particular group's vote by legislative reapportionment or political gerrymandering. Such dilution violates the Equal Protection Clause. Also termed vote dilution. 4. Trademarks. "The impairment of a famous trademark's strength, effectiveness, or distinctiveness through the use of the mark on an unrelated product, usu. blurring the trademark's distinctive character or tarnishing it with an unsavory association. Trademark dilution may occur even when the use is not competitive and when it creates no likelihood of confusion. The elements of trademark dilution are (1) ownership of a famous mark and (2) actual dilution. But a plaintiff does not have to prove actual loss of sales or profits. Moseley v. V Secret Catalogue, Inc., 537 U.S. 418, 123 S.Ct. 1115 (2003). See BLURRING; TARNISHMENT.

dilution act See FEDERAL TRADEMARK DILUTION ACT.

dilution doctrine Trademarks. The rule protecting a trademark from a deterioration in strength, as when a person seeks to use the mark for an unrelated product.

dimidietas (dim-a-di-a-tas), n. [Law Latin]. Half of something; a moiety.

dimidium (di-mid-ee-am), n. [Latin "half"], 1. Half; a half - as in dimidium unius libratae ("half a pound"). 2. An undivided half of something.

dimidius (di-mid-ee-as), adj. [Latin "half"]. 1. Half; doubled. 2. Loosely, incomplete.

diminished capacity An impaired mental condition short of insanity that is caused by intoxication, trauma, or disease and that prevents a person from having the mental state necessary to be held responsible for a crime . In some jurisdictions, a defendant's diminished capacity can be used to determine the degree of the offense or the severity of the punishment. Also termed diminished responsibility; partial insanity; partial responsibility. Cf. INSANITY.