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direction (di-rek-shan). 1. The course taken in relation to the point toward or away from which something or someone is moving; a point to or from which a person or thing moves <the storm moved in a northerly direction>. 2. The course on which something is aimed <the direction of the trial>. 3. An act of guidance <under the chair's direction>. 4. An order; an instruction on how to proceed <the judge's direction to the jury>. See JURY INSTRUCTION. 5. The address to the court contained on a bill of equity <the direction on the bill>. 6. A board of directors; a board of managers <the direction met on Wednesday>.

directive See ADVANCE DIRECTIVE.

directive harmouizing the term of copyright and certain related rights Copyright. A 1993 European Commission initiative setting the term of most copyright protection at the life of the author plus 70 years. The directive extended coverage in most member countries to match that of Germany, whose term was the longest on the Continent. In 2006, it was repealed. Its provisions were incorporated into the Directive on the Term of Protection of Copyright and Certain Related Rights. - Also termed Duration Directive.

directive on certain aspects of electronic commerce in the internal market Copyright. A 2000 European Commission initiative that harmonizes members' laws governing commercial use of the Internet, including electronic contracts, the liability of service providers, unsolicited commercial e-mail, and related issues. Also termed Electronic Commerce Directive; E-Commerce Directive.

directive on rental, lending and certain neighboriug rights Copyright. A 1992 European Commission initiative setting rules for reimbursing copyright owners for home rental and public lending of videotapes and other copies of works, and establishing the rights of performers, producers, broadcasters, and cable distributors. Also termed Rental and Related Rights Directive; Rental Directive.

directive on the coordination of certain rules Concerning Copyright and Neighbouriug Rights Applicable to Satellite Broadcasting and Cable Retransmission. Copyright. A 1993 European Commission initiative requiring members, among other things, to (1) recognize the right of a copyright owner to decide whether the work may be relayed by either cable or satellite, and (2) define the "place" of a satellite broadcast as the location where the Signal originates. Also termed Cable and Satellite Directive.

directive on the legal protection of databases Copyright. A 1996 European Commission initiative that sets uniform copyright protection among members for databases of original content and requires a sui generis system of protection for databases that do not qualify for copyright protection because their content is not original. Also termed Database Directive.

directive on the Term of Protection of Copyright and certain See DIRECTIVE HARMONIZING THE TERM OF COPYRIGHT AND CERTAIN RELATED RIGHTS.

directive ou the legal protection of computer programs Copyright. A 1991 European Commission initiative requiring members to protect computer software by copyright rather than by patent or some sui generis set oflegal rights. The purpose of the Directive was to harmonize copyright laws among the members of the European Commission. It standardized the degree of originality required for software to qualify for copyright protections. - Also termed Computer Programs Directive; Software Directive.

directive to physicians See LIVING WILL.

direct-line descent See lineal descent.

direct-line descent- See lineal descent under DESCENT.

directly adv. 1. In a straightforward manner. 2. In a straight line or course. 3. Immediately.

director- (di-rek-tar). 1. One who manages, guides, or orders; a chief administrator. 2. A person appointed or elected to sit on a board that manages the affairs of a corporation or other organization by electing and exer cising control over its officers. Also termed trustee. See BOARD OF DIRECTORS. Cf. OFFICER (1).

director of public prosecutions An officer (usu. a barrister or solicitor of ten years' standing) who advises the police and prosecutes criminal cases in England, Wales, and Northern Ireland under the supervision of the Attorney General. This title, or a similar one, is used in various countries, including Australia, Canada, China, Northern Ireland, the Republic of Ireland, and South Africa. In Scotland, the equivalent officer is the procurator fiscal.

director of the mint An officer appointed by the President, with the advice and consent of the Senate, to control and manage the U.S. Mint and its branches.

director of the united states patent and trademark office The presidential appointee in charge of the U.S. Patent and Trademark Office. Until a 2000 reorga nization, the PTO chief was the Commissioner of Patents and Trademarks. The Director is also the Under Secretary of Commerce for Intellectual Property. Formerly termed Commissioner ofPatents and Trade marks.

directors and officers liability insurance An agreement to indemnify corporate directors and officers against judgments, settlements, and fines arising from negligence suits, shareholder actions, and other business-related suits. - Often shortened to D&O liability insurance; D&O insurance.

directors' and officers' liability insurance See INSURANCE.

directory 1. A book containing an alphabetical list of names, addresses, and telephone numbers, esp. those of a city's or area's residents and businesses. 2. Any organization's publication containing information on its members or business, such as a legal directory. 3. Eccles. law. A church's book of directions for conducting worship. One of the primary directories is the Directory for the Public Worship of God, prepared by the Assembly of Divines in England in 1644 to replace the Book of Common Prayer, which had been abolished by Par liament (and was later reinstated). The Directory was ratified by Parliament in 1645 and adopted by the Scottish Parliament and General Assembly of the Church of Scotland that same year. A directory in the Roman Catholic Church contains instructions for saying the mass and offices each day of the year. 4. A small governing body; specif., the five-member executive body that governed France from 1795-1799 during the French Revolution until it was overthrown by Napoleon and succeeded by the consulate.

directory call Property. In a land description, a general description of the areas in which landmarks or other calls are found. See CALL (5); LOCATIVE CALLS.

directory provision A statutory or contractual sentence or paragraph in which a directory requirement appears.

directory requirement A statutory or contractual instruction to act in a way that is advisable, but not absolutely essential in contrast to a mandatory requirement. A directory requirement is frequently introduced by the word should or, less frequently, shall (which is more typically a mandatory word).

directory statute See STATUTE.

directory statute A law that indicates only what should be done, with no provision for enforcement. Cf. mandatory statute: permissive statute.

directory trust See TRUST.

direct-participation program An investment vehicle that is financed through the sale of securities not traded on an exchange or quoted on NASDAQ and that provides flow-through tax consequences to the investors.

direct-placement adoption See private adoption.

direct-placement adoption- See private adoption under ADOPTION.

direct-reduction mortgage See MORTGAGE.

dired trust See express trust under TRUST.

diribitores (di-rib-a-tor-eez), n. pI. [Latin "sorters of votes"], Roman law. Officers who distributed voting ballots to the citizens in a comitia. See COMITIA.

diriment impediment See IMPEDIMENT.

diriment impediment- (dir-a-mant im-ped-a-mant), n. [fr. Latin dirimens impedimentum "nullifying impediment"] A fact that raises an absolute bar to marriage and renders a contracted marriage void. Diriment impediments include consanguinity within a prohibited degree and a prior undissolved marriage. Also termed impedimenta dirimentia.

diritto connessi [Italian] NEIGHBORING RIGHT.

diritto d' autore [Italian]. AUTHOR'S RIGHT.

dirt-for-debt trausfer A transaction in which a bankrupt debtor satisfies all or part of a secured debt by transferring the collateral to the creditor.

DISA abbr. DEFENSE INFORMATION SYSTEMS AGENCY.

disability 1. The inability to perform some function; esp., the inability of one person to alter a given relation with another person. 2. An objectively measurable condition of impairment, physical or mental <his disability entitled him to workers' -compensation benefits>. Also termed handicap; incapacity. "The Supreme Court has cautioned that [the Americans with Disabilities Act] requires that disabilities be evaluated 'with respect to an individual' and must be determined based on whether an impairment substantially limits the 'major life activities of such individual. The Court conceded that 'some impairments may invariably cause a substantial limitation of a major life activity,' but '[t]he determination of whether an individual has a disability is not necessarily based on the name or diagnosis of the impairment the person has, but rather on the effect of that impairment on the life of the individual.' As a result, courts are reluctant to characterize any particular impairment as a per se disability under ADA. And the fact that an impairment is considered to be a disability under a different set of criteria for some purpose other than the ADA has no bearing on the determination of whether an individual is disabled within the meaning of ADA." Harold S. LewisJr. & Elizabeth J. Norman, Employment Discrimination Law and Practice 485-86 (2001).

disability benefits See DISABILITY COMPENSATION.

disability clause. Insurance A life-insurance-policy provision providing for a waiver of premiums during the policyholder's period of disability, and sometimes providing for monthly payments equal to a percentage of the policy's face value.

disability compensation Payments from public or private funds to a disabled person who cannot work, such as social-security or workers'-compensation benefits. Also termed disability benefits.

disability insurance See INSURANCE.

disability insurance Coverage purchased to protect a person from a loss of income during a period of incapacity for work. See general-disability insurance; occupational-disability insurance.

disability retirement plan See EMPLOYEE BENEFIT PLAN.

disability retirement plan- 1. A plan that is invoked when a covered person is disabled from working to normal retirement age. 2. A plan that provides increased benefits ifa person retires because of a disability.

disable 1. To deprive (someone or something) of the ability to function; to weaken the capability of (someone or something). 2. To impair; to diminish. 3. To legally disqualify (someone); to render (someone) legally incapable.

disabled person A person who has a mental or physical impairment. See DISABILITY.

disabled person See PERSON (1).

disablement 1. The act of incapacitating or immobilizing. 2. The imposition of a legal disability.

disabling restraints Limits on the alienation of property. These restraints are sometimes void as being against public policy.

disabling statute See STATUTE.

disabling statute A law that limits or curbs certain rights.

disadvocare (dis-ad-va-kair-ee), vb. [Law Latin], To deny; to disavow.

disaffirm (dis-a-farm), vb. 1. To repudiate; to revoke consent; to disclaim the intent to be bound by an earlier transaction. 2. To declare (a voidable contract) to be void.

disaffirmance (dis-a-farm-ants). 1. An act of denial; a repudiation, as of an earlier transaction. 2. A declaration that a voidable contract (such as one entered into by a minor) is void. Also termed disaffirmation. "Disaffirmance is an operative act whereby the legal rela· tions created by an infant's contract are terminated and discharged and other !egal relations substituted. Inasmuch as the infant's executory promise does not operate to create any legal duty in him (the infant being at all times at liberty or privileged not to perform). his disaffirmance is not the discharge of such a duty. A return promise by an adult, however, creates a legal duty and the infant has a correlative right in personam. A disaffirmance terminates these." William R. Anson, Principles of the Law of Contract 181 (Arthur L. Corbin ed., 3d Am. ed. 1919).

disafforest (dis-a-for-ast or -fahr-ast), vb. [fr. French desaforester]. To free lands from the restrictions of the forest laws and retu rn them to the status ofordinary lands. - Also termed deafforest.

disagreement 1. A difference of opinion; a lack of agreement. 2. A quarrel. 3. An annulment; a refusal to accept something, such as an interest in an estate.

disallow 1. To refuse to allow (something). 2. To reject (something).

disalt (dis-awlt), vb. To disable (a person).

disappeared person See DISAPPEARED PERSON.

disappeared person 1. A person who has been absent from home for a specified number of continuous years (often five or seven) and who, during that period, has not communicated with the person most likely to know his or her whereabouts. See SEVEN-YEARS'ABSENCE RULE; MISSING PERSON. 2. Human-rights law. A person who has been illegally detained or kidnapped, often by governmental authorities or soldiers, and whose current whereabouts and condition are unknown and undiscoverable.

disappearing quorum See QUORUM.

disappearing quorum A quorum whose presence may be more presumptive than actual. See presumption of a quorum under PRES1JMPTION.

disappropriation 1. Eccles. law. The alienation ofchurch property from its original use; the severance of property from church ownership or possession. 2. The release of property from individual ownership or possession.

disapprove 1. To pass unfavorable judgment on (something). 2. To decline to sanction (something).

disarmament The negotiated or voluntary reduction of military arms, esp. nuclear weapons, to a greatly reduced level or to nil. Cf. ARMS CONTROL.

disaster A calamity; a catastrophic emergency.

disaster area A region officially declared to have suffered a catastrophic emergency, such as a flood or hurricane, and therefore eligible for government aid.

disaster loss See LOSS.

disaster relief act A federal statute that provides a means by which the federal government can help state and local governments to relieve suffering and damage resulting from disasters such as hurricanes, tornadoes, floods, earthquakes, volcanic eruptions, landslides, mudslides, drought, fire, and explosions. - A 1974 amendment established a process for the President to declare affected communities disaster areas.

disavow (dis-a-vow), vb. To disown; to disclaim knowledge of; to repudiate <the company disavowed the acts of its agent>. disavowal, n.

disbarment The action of expelling a lawyer from the bar or from the practice of law, usu. because of some disciplinary violation. One who has passed the bar, been called to the bar, or been admitted to the bar is privileged to stand inside the wooden barrier that separates the gallery from the actual courtroom, particularly the judge's bench, and conduct business with the court. So this term literally describes the loss of the privilege. Although disbarment is typically a permanent removal from the practice of law, in some jurisdictions a disbarred attorney may (after a certain period) petition for readmission. In England and Wales, only a barrister is disbarred; a solicitor is struck off the roll, so the expulsion of a solicitor is termed striking off the roll. See STRUCK OFF. - disbar, vb.

disbocatio (dis-ba-kay-shee-oh), n. [fr. Law Latin dis+ boscus "wood"]. The conversion of forest to pasture.

disbursement (dis-bars-mant), n. The act of paying out money, commonly from a fund or in settlement of a debt or account payable <dividend disbursement>. disburse, vb.

DISC abbr. DOMESTIC INTERNATIONAL SALES CORPORATION.

discarcare (dis-kahr-kair-ee), vb. [fr. Latin dis- + carcare "to charge"]. To unload (cargo), usu. from a ship. Also ten:ned discargare.

disceptatio causae (di-sep-tay-shee-oh kaw-zee). [Latin "debate about a case"], Roman law. The argument by the advocates of both sides of a dispute.

discharge (dis-chahrj), n. 1. Any method by which a legal duty is extinguished; esp., the payment of a debt or satisfaction of some other obligation. 2. Bankruptcy. The release of a debtor from monetary obligations upon adjudication of bankruptcy; DISCHARGE IN BANKRUPTCY. Cf. RELEASE (1). 3. The dismissal of a case. 4. The canceling or vacating of a court order. 5. The release of a prisoner from confinement.

discharge hearing Bankruptcy. A hearing at which the court informs the debtor either that a discharge has been granted or the reasons why a discharge has not been granted. See REAFFIRMATION HEARING.

discharge hearing- See DISCHARGE HEARING.

discharge in bankruptcy 1. The release of a debtor from personal liability for pre bankruptcy debts; specif., discharge under the United States Bankruptcy Code. 2. A bankruptcy court's decree releasing a debtor from that liability.

dischargeability proceeding Bankruptcy. A hearing to determine whether a debt is dischargeable or is subject to an exception to discharge. 11 USCA § 523.

dischargeable claim Bankruptcy. A claim that can be discharged in bankruptcy.

discharged contract See void contract (2).

discharged contract- See void contract (2) under CONTRACT.

discharging bond A bond that both permits a defendant to regain possession of attached property and releases the property from the attachment lien. Also termed dissolution bond. See forthcoming bond.

discharging bond- See BOND (2).

disciplinary proceeding An action brought to reprimand, suspend, or expel a licensed professional or other person from a profession or other group because of unprofessional, unethical, improper, or illegal conduct. A disciplinary proceeding against a lawyer may result in the lawyer's being suspended or disbarred from practice.

disciplinary rule (often cap.) A mandatory regulation stating the minimum level of professional conduct that a professional must sustain to avoid being subject to disciplinary action. For lawyers, the disCiplinary rules are found chietly in the Model Code of Professional Responsibility. - Abbr. DR. Cf. ETHICAL CONSIDERATION.

discipline 1. Punishment intended to correct or instruct; esp., a sanction or penalty imposed after an official finding of misconduct. 2. The punishment or penalties (often termed "sanctions") imposed by a disciplining agency on an attorney who has breached a rule of professional ethics. Three types of discipline are common: disbarment, suspension, and reprimand (public or private). 3. Control gained by enforcing compliance or order. 4. Military law. A state of mind inducing instant obedience to a lawful order, no matter how unpleasant or dangerous such compliance might be. - discipline, vb. - disciplinary, adj.

disclaimer 1. A renunciation of one's legal right or claim; esp., a renunciation of a patent claim, usu. to save the remainder of the application from being rejected. 2. A repudiation of another's legal right or claim. 3. A writing that contains such a renunciation or repudiation. 4. RENUNCIATION (2). - disclaim, vb.

disclaimer of warranty An oral or written statement intended to limit a seller's liability for defects in the goods sold. In some circumstances, printed words must be specific and conspicuous to be effective.

disclosed principal A principal whose identity is revealed by the agent to a third party. A disclosed principal is always liable on a contract entered into by the agent with the principal s authority, but the agent is usu. not liable.

disclosed principal See PRINCIPAL (1).

disclosure 1. The act or process of making known something that was previously unknown; a revelation of facts <a lawyer's disclosure of a contlict of interest>. See DISCOVERY.

discommon (dis-kom-an), vb. 1. To deprive of the right of common (e.g., the right to pasture). 2. To deprive (something, esp. land) of commonable character. A person could discommon land by separating or enclosing it. 3. To deprive (someone) of the privileges of a place, such as the right to use common land or to enjoy a church fellowship.

disconformity See NEW MATTER.

discontinuance (dis-kan-tin-yoo-ants), n. 1. The termination of a lawsuit by the plaintiff; a voluntary dismissal or nonsuit. See DISMISSAL; NONSUIT (1); judgment ofdiscontinuance under rUDGMENT. 2. 'Ihe termination ofan estate-tail by a tenant in tail who conveys a larger estate in the land than is legally allowed. "Such is ... the injury of discontinuance; which happens when he who hath an estate-tail, maketh a larger estate of the land than by law he is entitled to do: in which case the estate is good, so far as his power extends who made it. but no farther. As if tenant in tail makes a feoffment in fee·simple, or for the life of the feoffee, or in tail; all which are beyond his power to make, for that by the common law extends no farther than to make a lease for his own life: the entry of the feoffee is lawful during the life of the feoffer; but if he retains the possession after the death of the feoffor, it is an injury, which is termed a discontinuance; the ancient legal estate, which ought to have survived to the heir in tail, being gone, or at least suspended, and for a while discontinued." 3 William Blackstone, Commentaries on the Laws of England 171-72 (1768).

discontinuee A person whose acquisition of an entailed estate causes a discontinuance of the fee tail heirs' right to the estate. Cf. DISCONTINUOR.