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diminished capacity- See CAPACITY (3).

diminished responsibility See diminished capacity under CAPACITY (3).

diminutio See DEMINUTIO.

diminution (dim-a-n[y]oo-shan), n. 1. The act or process of decreasing, lessening, or taking away. 2. An incompleteness or lack of certification in a court record sent from a lower court to a higher one for review. 3. Trademarks. BLURRING. - diminish (for sense 1), vb.

diminution-in-value method A way of calculating damages for breach of contract based on a reduction in market value that is caused by the breach.

dimissoriae litterae (dim-a-sor-ee-ee lit-ar-ee), n. [Latin "dimissory letters"], Eccles. law. See DIMISSORY LETTERS.

dimissory letters (dim-a-sor-ee). 1. Eccles. law. Documents allowing a clergy member to leave one diocese for another. 2. Eccles. law. Documents provided by one bishop to enable another bishop to ordain a candidate already ordained in the former bishop's diocese.

dimpled chad A chad that is bulging but not pierced, with all its points attached to the ballot. Sometimes termed pregnant chad.

dimpled chad- See CHAD.

diocesan (di-os-a-san), adj. Of or belonging to a diocese; of or relating to the relationship between a bishop and the clergy within the diocese.

diocesan court (di-ahs-i-sin). Eccles. law. A court exercising general or limited jurisdiction (as determined by patent, local custom, or legislation) of matters arising within a bishop's diocese. Diocesan courts include the consistorv court, the courts of the commissaries, and the courts of archdeacons.

diocesan court- See COURT.

diocesan mission A mission performing its work in a single diocese.

diocesan synod See SYNOD.

diocesan synod (dy-os-a-san). A synod composed of clergy from one diocese.

diocese (di-a-sees or -sis). 1. Roman law. A division of the later Roman empire into groups of provinces. 2. Eccles. law. A territorial unit of the church, governed by a bishop, and further divided into parishes. 3. Eccles. law. A bishop's jurisdiction. Several dioceses together are governed by an archbishop.

dioichia (di-oy-kee-a), n. [fr. Latin diocesis "a diocese"]. A district over which a bishop exercises his spiritual functions.

DIP abbr. DEBTOR-IN-POSSESSION.

diploma 1. Roman law. A letter giving permission to use the imperial post. 2. A royal charter; letters patent. 3. A document that evidences or memorializes graduation from a school or society. Cf. DEGREE (6). 4. A document that evidences a license or privilege to practice a profession, such as medicine.

diplomacy 1. The art and practice of conducting negotiations between national governments.

diplomatic See DIPLOMATICS.

diplomatic agent A national representative in one of four categories: (1) ambassadors, (2) envoys and ministers plenipotentiary, (3) ministers resident accredited to the sovereign, or (4) charges d'affaires accredited to the minister of foreign affairs.

diplomatic agent- See AGENT (2).

diplomatic bag See DIPLOMATIC POUCH.

diplomatic corps The ambassador and other diplomatic personnel assigned by their government to a foreign capital.

diplomatic immunity See IMMUNITY (1).

diplomatic immunity- The general exemption of diplomatic ministers from the operation of locallaw, the exception being that a minister who is plotting against the security of the host nation may be arrested and sent out of the country. A minister's family shares in diplomatic immunity to a great, though illdefined, degree.

diplomatic pouch 1. A bag containing official correspondence, documents, or articles intended exclusively for official communications of a nation with its missions, consular posts, or delegations. 2. The contents of the bag. Also termed diplomatic bag; valise diplomatique.

diplomatic protection Protection given by one country's representatives to a person, usu. its citizen, against another country's alleged violation of international law. "The term diplomatic protection is not altogether precise. First, not only diplomatic agents and missions and other foreign offices may and do exercise diplomatic protection, but also, at a different level, consuls, and, although very rarely, military forces. Secondly, the term diplomatic protection does not clearly denote the boundary line to other diplomatic activities for the benefit of individuals, such as mere promotion of interests in one's own nationals in a foreign State, or friendly intercessions with foreign authorities. Thus, diplomatic or consular actions to obtain concessions or other government contracts for nationals from the receiving State, or the arrangement of legal defense for ajustly imprisoned national are not diplomatic protec tion in our sense; they are usually neither directed against the other State nor based on a real or alleged violation of international law. All these last-mentioned activities may be called diplomatic protection only if the term is taken in a very broad sense." William Karl Geck, "Diplomatic Protection." in 1 Encyclopedia of Public International Law 1046 (1992).

diplomatic relations The customary form of permanent contact and communication between sovereign countries.

diplomatic representation See REPRESENTATION (5).

diplomatic security service See BUREAU OF DIPLOMATIC SECURITY.

diplomatics The science of deciphering and authenticating ancient writings. The principles were largely developed by the Benedictine Dom Mabillon in his 1681 work entitled De re diplomatica. Also termed diplomatic (n.). "Diplomatics, the science derived from the study of ancient diplomas, so called from being written on two leaves, or on double tablets. The Romans used the term more specially for the letters of license to use the publiC conveyances provided at the different stations, and generally for public grants. Subsequently it attained a more extended signification, and in more modern times has been used as a general term for anCient imperial and ecclesiastical acts and grants, public treaties, deeds of conveyance, letters, wills, and similar instruments, drawn up in forms and marked with peculiarities varying with their dates and countries. With the revival of literature, the importance of such documents in verifying facts and establishing public and private rights led to their being brought together from the historical works and the monastic registers in which they had been copied, or, in rarer instances, from public and ecclesiastical archives where the originals were still preserved, Then arose questions of authenticity, and doubts of the so·called originals; disputants defended or condemned them; and, in order to establish principles for distinguishing the genuine from the forged, treatises were written on the whole subject of these diplomas." 7 Encyclo paedia Britannica 220 (9th ed. 1907).

diptych (dip-tik), n. Latin diptycha fr. Greek diptycha "two-leaved"], 1. Roman law.Two tablets usu. made of wood or metal and tied with string through holes at the edges so that they could fold over (like a book with two leaves). Diptychs were often used to send letters, and the text was sometimes written using a stylus, once on the inside waxed leaves and again on the outside, so that it could be read without opening the tablets. 2. Hist. Eccles. law. Tablets used by the church, esp. to register names of those making supplication, and to record births, marriages, and deaths. 3. Hist. Eccles. law. The registry of those names. "The recitation of the name of any prelate or civil ruler in the diptychs was a recognition of his orthodoxy; its omission, the reverse. The mention of a person after death recognized him as having died in the communion of the church, and the introduction of his name into the list of saints or martyrs constituted canonization. In liturgics the diptychs are distinguished as rhe diptychs of the living and the diprychs of the dead, the latter induding also the commemoration of the saints .... In the Western Church the use of the diptychs died out between the ninth and the twelfth century; in the Eastern Church it still continues." 2 The Century Dictionary and Cyclopedia (1895). "Diptychs were used in the time of the Roman empire for sending letters .... The consula and quaestors used, on assuming office, to send diptychs containing their names and portraits to their friends .... The early Christians used tablets thus made in the celebration of divine worship. They were placed on ... the pulpits, or reading desks, which may still be seen in ancient basilicas at the west end of the choir or presbytery; and from them were read to the congregation of the faithful the names of the celebrating priests.

dirationare (di-ray-shee-a-nair-ee), vb. [fr. Latin dis "thoroughly" + ratiocinari "to reason"]. 1. To prove; to establish one's right. 2. To disprove; to refute (an allegation).

direct (di-rekt), adj. 1. (Of a thing) straight; undeviating <a direct line>. 2. (Of a thing or a person) straightforward <a direct manner> <direct instructions>. 3. Free from extraneous influence; immediate <direct injury>. 4. Of or relating to passing in a straight line ofdescent, as distinguished from a collateral line <a direct descen dant> <a direct ancestor>. 5. (Of a political action) effected by the public immediately, not through repre sentatives <direct resolution> <direct nomination>.

direct- See DIRECT EXAMINATION.

direct adoptiou See private adoption under ADOPTION.

direct action See DIRECT ACTION.

direct action- 1. A lawsuit by an insured against his or her own insurance company rather than against the tort feasor and the tortfeasor's insurer. 2. A lawsuit by a person claiming against an insured but suing the insurer directly instead of pursuing compensation indirectly through the insured.3. A lawsuit to enforce a shareholder's rights against a corporation. Cf. DERIVATIVE ACTION (1).

direct affinity The relationship of a spouse to the other spouse's blood relatives. An example is a wife and her husband's brother.

direct affinity- See AFFINITY.

direct aggression Aggression in which a state's regular armed forces participate.

direct aggression- See AGGRESSION.

direct and proximate cause See proximate cause.

direct and proximate cause- See proximate cause under CAUSE (1).

direct appeal An appeal from a trial court's decision directly fo the jurisdiction's highest court, thus bypassing review by an intermediate appellate court. Such an appeal may be authorized, for example, when the case involves the constitutionality of a state law.

direct appeal- See APPEAL.

direct attack 1. An attack on a judgment made in the same proceeding as the one in which the judgment was entered; specif., seeking to have the judgment vacated or reversed or modified by appropriate proceedings in either the trial court or an appellate court. Examples of direct attacks are motions for new trial and appeals. Cf. COLLATERAL ATTACK. 2. The taking ofindependent proceedings in equity to prevent the enforcement of a judgment.

direct beneficiary See intended beneficiary.

direct beneficiary- See intended beneficiary under BENEFICIARY.

direct cause See proximate cause.

direct cause- See proximate cause under CAUSE (1).

direct charge-off accounting method A system of accounting by which a deduction for bad debts is allowed when an account has become partially or completely worthless.

direct charge-off accounting method- See ACCOUNTINGMETHOD.

direct confession A statement in which an accused person acknowledges haVing committed the crime.

direct confession- See CONFESSION.

direct confusion See forward confusion.

direct confusion- See CONFUSION.

direct contempt A contempt (such as an assault of a testifying witness) committed in the immediate vicinity of a court; esp., a contempt committed in a judge's presence. A direct contempt is usu. immediately punishable when the transgression occurs.

direct contempt- See CONTEMPT.

direct conversion The act of appropriating the property of another to one's own benefit, or to the benefit of a third person. A direct conversion is per se unlawful, and the traditional requirements of demand and refusal of the property do not apply.

direct conversion- See CONVERSION (2).

direct cost The amount of money for material, labor, and overhead to produce a product.

direct cost- See COST (1).

direct damages See general damages.

direct damages- See general damages under DAMAGES.

direct deposit The payment of money by transferring the payment directly into the payee's bank account, usu. by electronic transfer.

direct deposit. See DEPOSIT (2).

direct economic loss See ECONOMIC LOSS.

direct economic loss- Economic loss flowing directly from insufficient product quality. The most common type is loss-of-bargain damages the difference between the actual value of goods accepted and the value they would have had if they had been delivered as promised or warranted.

direct estoppel See COLLATERAL ESTOPPEL.

direct evidence See EVIDENCE.

direct evidence- 1. Evidence that is based on personal knowledge or observation and that, if true, proves a fact without inference or presumption. Also termed positive evidence. Cf. circumstantial evidence; negative evidence. 2. See original evidence (1). "A little reflection shows that no disputed case will ordinarily be proved solely by circumstantial or solely by testimonial evidence. Ordinarily there is evidence of both kinds. The matter has been obscured by the use of the term 'direct evidence,' - a term sometimes used to mean testimonial evidence in general, but sometimes also limited to apply only to testimony directly asserting the fact-in-issue .... The term 'direct' evidence has no utility." John H. Wigmore, A Students' Textbook of the Law of Evidence 40 (1935).

direct examination The first questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify. Often shortened to direct. Also termed examination-inchief Cf. CROSS-EXAMINATION; REDIRECT EXAMINATION.

direct infringement 1. Patents. The act of making, using, selling, offering for sale, or importing into the United States, without the patentees permission, a product that is covered by the claims ofa valid patent. 35 USCA § 271(a). 2. Trade-marks. The use of a mark in trade when that use causes a likelihood of confusion about the source of goods or services already identified by a similar mark. 3. Copyright. The unauthorized copying, distributing, or displaying of - or the adapting of a derivative work from - a copyrighted work. Cf. contributory infringement; infringement in the inducement.

direct infringement See INFRINGEMENT.

direct injury 1. An injury resulting directly from violation of a legal right. 2. An injury resulting directly from a particular cause, without any intervening causes.

direct injury See INJURY.

direct interest See INTEREST (2).

direct interest A certain, absolute interest <the juror was disqualified because she had a direct interest in the lawsuit>.

direct line See LINE.

direct loss See LOSS.

direct notice See NOTICE.

direct order of alienation Real estate. The principle that a grantee who assumes the debt on a mortgaged property is required to pay the mortgage debt if the original mortgagor defaults.

direct payment 1. A payment made directly to the payee, without using an intermediary, such as a child-support payment made directly to the obligee parent rather than through the court. 2. A payment that is absolute and unconditional on the amount, the due date, and the payee.

direct payment See PAYMENT.

direct placement 1. The sale by a company, such as an industrial or utility company, of an entire issue of securities directly to a lender (such as an insurance company or group of investors), instead of through an underwriter. This type of offering is exempt from SEC filing requirements. 2. PRIVATE PLACEMENT (1).

direct possession See immediate possession under possession.

direct possession See immediate possession.

direct question A question asked of a witness during direct examination.

direct question See QUESTION (1).

direct selling 1. Selling to a customer without going through a dealer. 2. Selling to a retailer without going through a wholesaler.

direct skip A generation-skipping transfer of assets, either directly or through a trust. A direct skip may be subject to a generation-skipping transfer tax either a gift tax or an estate tax. IRC (26 USCA) §§ 2601-2602. See GENERATION-SKIPPING TRANSFER; generation-skipping transfer tax under TAX; SKIP PERSON.

direct tax A tax that is imposed on property, as distinguished from a tax on a right or privilege. A direct tax is presumed to be borne by the person upon whom it is assessed, and not "passed on" to some other person. Ad valorem and property taxes are direct taxes.

direct tax See TAX.

direct tax clauses The provisions in the U.S. Constitution requiring direct taxes to be apportioned among the states according to their respective numbers (U.S. Const. art. I, § 2, d. 3) and prohibiting capitation or other direct taxes except in proportion to the census (U.S. Const. art. 1, § 9, d. 4). - An additional provision of Article I, § 2 concerning computation of taxes is affected by § 2 of the Fourteenth Amendment, and both clauses are affected by the Sixteenth Amendment concerning income taxes.

direct, 1. To aim (something or someone). 2. To cause (something or someone) to move on a particular course. 3. To guide (something or someone); to govern. 4. To instruct (someone) with authority. 5. To address (something or someone).

direct-action statute A statute that grants an injured party direct standing to sue an insurer instead of the insured tortfeasor. Under Rhode Island's directaction statute, for example, an injured party may bring a direct action against an insurer when goodfaith efforts to serve process on the insured are unsuccessful. These statutes exist in several states, including Alabama, Arkansas, Louisiana, Minnesota, New York, Pennsylvania, and Wisconsin.

directed verdict See VERDICT.