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dishonorable discharge The most severe punitive discharge that a court-martial can give to a member of the military. A dishonorable discharge may result from conviction for an offense recognized in civilian law as a felony or of a military offense requiring severe punishment. Only a general court-martial can give a dishonorable discharge.

dishonorable discharge- See DISCHARGE (8).

dishouor 1. To refuse to accept or pay (a negotiable instrument) when presented. See NOTICE OF DISHONOR; WRONGFUL DISHONOR.2. To deface or defile (something, such as a flag). dishonor, n.

disimprisonment The release of a prisoner; the removal of a prisoner from confinement. - Also termed disincarceration; decarceration. Cf. INCARCERATION.

disincarcerate To release (a person) from jail; to set free.-Also termed disimprison.

disincarceration See DISIMPRISONMENT.

disincentive A deterrent (to a particular type of conduct), often created, intentionally or unintentionally, through legislation <federal tax law creates a disincentive to marriage> <sales taxes provide a disincentive to excessive consumer spending>.

disinflation A period or process of slowing down the rate of inflation. Cf. DEFLATION.

disinherison- (dis-in-her-a-zan), n. See DISINHERITANCE.

disinheritance 1. The act by which an owner of an estate deprives a would-be heir ofthe expectancy to inherit the estate. - A testator may expressly exclude or limit the right of a person or a class to inherit property that the person or class would have inherited through intestate succession, but only if the testator devises all the property to another. 2. The state of being disinherited. See forced heir under HEIR. Also termed disherison; disinherison; deherison. disinherit, vb.

disinter (dis-in-tar), vb. 1. To exhume (a corpse). 2. To remove (something) from obscurity. disinterment (dis-in-tar-mant), n.

disinterested Free from bias, prejudice, or partiality; not having a pecuniary interest <a disinterested witness>. disinterest, disinterestedness, n.

disinterested witness See WITNESS.

disintermediation The process of bank depositors' withdrawing their funds from accounts with low interest rates to put them into investments that pay higher returns.

disinvestment 1. The consumption of capital. 2. The withdrawal of investments, esp. on political grounds. Also termed (in sense 2) divestment. disinvest, vb.

disjoinder (dis-joyn-dar). The undoing of the joinder of parties or claims. See JOINDER. Cf. MISJOINDER (1); NONJOINDER (1).

disjuncta (dis-jangk-ta) n. pI. [Latin], Roman & civil law. Things (usu. words or phrases) that are separated or opposed. Also spelled disiuncta. Cf. CONJUNCTA.

disjunctim (dis-jangk-tam), adv. [LatinI Roman law. Separately; severally. A condition imposed disjunctim, for example, would bind the persons severally, rather than jointly. Also spelled disiunctim. Cf. CONJUNCTIM.

disjunctive allegation A statement in a pleading or indictment that expresses something in the alternative, usu. with the conjunction "or" <a charge that the defendant murdered or caused to be murdered is a disjunctive allegation>.

disjunctive allegation- See ALLEGATION.

disjunctive condition A condition requiring the performance of one of several acts. Cf. copulative condition; single condition.

disjunctive condition- See CONDITION (2).

disjunctive denial A response that controverts the truthfulness oftwo or more factual allegations of a complaint in the alternative.

disjunctive denial- See DENIAL.

disjunctive obligation See alternative obligation under OBLIGATION.

disjunctive obligation See alternative obligation.

disme (dim), n. [Law French], A tithe; a tenth part, as in a tithe due the clergy equal to the tenth of all spiritual livings as required by the statute 25 Edw. 3, st. 7. This is the Law French equivalent to the Latin decimae. It was once the spelling of the American to-cent piece, the dime. See DECIMAE. PI. dismes.

dismemberment 1. The cutting off of a limb or body part. 2. The disappearance of a country as a result of a treaty or an annexation, whereby it becomes part of one or more other countries. 3. Int'llaw. The reduction of a country's territory by annexation or cession, or the secession of one part. 4.The extinguishment of a country and the creation of two or more new countries from the former country's territory.

dismembe'rments of ownership The three elements composing the right of ownership, namely the usus, the fructus, and the abusus. The right of ownership may be dismembered and its components conveyed in the form of independent real rights, such as the right of use, the right of usufruct, and the right of security. See ABUSUS; FRUCTUS; usus.

dismiss 1. To send (something) away; specif., to terminate (an action or claim) without further hearing, esp. before the trial of the issues involved. 2. To release or discharge (a person) from employment. See DISMISSAL.

dismissal 1. Termination of an action or claim without further hearing, esp. before the trial of the issues involved.

dismissal agreed A court's dismissal of a lawsuit with the acquiescence of all parties. Among other possibilities, the parties may have settled out of court or chosen to have their dispute arbitrated or mediated. Also termed agreed dismissal.

dismissal compensation See SEVERANCE PAY.

dismissal for cause A dismissal of a contract employee for a reason that the law or public policy has recognized as sufficient to warrant the employee's removal. 3. Military law. A court-martial punishment for an officer, commissioned warrant officer, cadet, or midshipman, consisting of separation from the armed services with dishonor. A dismissal can be given only by a general court-martial and is considered the equivalent of a dishonorable discharge. dismiss, vb.

dismissal for failure to prosecute See dismissal for want of prosecution.

dismissal for lack ofprosecution See dismissal for want ofprosecution.

dismissal for want of prosecution A court's dismissal of a lawsuit because the plaintiff has failed to pursue the case diligently toward completion. -Abbr. DWOP. Also termed dismissal for failure to prosecute: dismissal for lack of prosecution.

dismissal order See ORDER (2).

dismissal order A court order ending a lawsuit without a decision on the merits. Also termed order of dismissal

dismissal with prejudice A dismissal, usu. after an adjudication on the merits, barring the plaintiff from prosecuting any later lawsuit on the same claim. If, after a dismissal with prejudice, the plaintiff files a later suit on the same claim, the defendant in the later suit can assert the defense of res judicata (claim preclusion). See RES JUDICATA; WITH PREJUDICE.

dismissal without prejudice A dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period. See WITHOUT PREJUDICE.

dismissalfor want of equity A court's dismissal of a lawsuit on substantive, rather than procedural, grounds, usu. because the plaintiff's allegations are found to be untrue or because the plaintiff's pleading does not state an adequate claim.

dismissed for want of equity (Of a case) removed from the court's docket for substantive reasons, usu. because the plaintiff's allegations are found to be untrue or because the plaintiff's pleading does not state an adequate claim. See dismissal for want ofequity under DISMISSAL (1).

dismissed for want of prosecution (Of a case) removed from the court's docket because the plaintiff has failed to pursue the case diligently toward completion. See dismissal for want ofprosecution under DISMISSAL (1).

dismissed with prejudice (Of a case) removed from the court's docket in such a way that the plaintiff is foreclosed from filing a suit again on the same claim or claims. See dismissal with prejudice under DISMISSAL (1); WITH PREJUDICE.

dismissed without prejudice (Of a case) removed from the court's docket in such a way that the plaintiff may refile the same suit on the same claim. See dismissal without prejudice under DISMISSAL (1); WITHOUT PREjUDICE.

dismission Archaic.1. An act of dismissing <dismission of the jury>. 2. A removal, esp. from office or position <dismission of the employee>. 3. A decision that a suit cannot be maintained <dismission of the case>.

dismortgage See REDEMPTION (4).

disneyland parent See PARENT.

Disneyland parent A noncustodial parent who indulges his or her child with gifts and good times during visitation and leaves most or all disciplinary responsibilities to the other parent; esp, a noncustodial parent who provides luxuries that the custodial parent cannot afford but performs no disciplinary duties, in an effort to gain or retain the child s affection. See LOLLIPOP SYNDROME.

disobedient child See incorrigible child.

disobedient child- See incorrigible child under CHILD.

disorder 1. A lack of proper arrangement <disorder of the files>. 2. An irregularity <a disorder in the proceedings>. 3. A public disturbance; a riot <civil disorder>. 4. A disturbance in mental or physical health <an emotional disorder> <a liver disorder>.

disorderly conduct Behavior that tends to disturb the public peace, offend public morals, or undermine public safety. See BREACH OF THE PEACE. "At common law there was no offense known as disorderly conduct, although the offense of breaching the peace made many public disturbances criminal. In addition, this offense could be based on behavior that might cause another to respond in a violent manner even though the party guilty of the breach of the peace acted quietly or secretly, as when a person challenged someone to a duel. The enactment of statutes making disorderly conduct punishable went beyond the common·law notion of a breach of the peace by including behavior that merely tended to disturb the safety, health, or morals of others or that was intended only to annoy another. Further definitions were added later." Francis Barry McCarthy, "Vagrancy and Disorderly Conduct," in 4 Encyclopedia of Crime and Justice 1589, 1589 (Sanford H. Kadish ed., 1983).

disorderly conduct- See CONDUCT.

disorderly house 1. A dwelling where people carry on activities that are a nuisance to the neighborhood. 2. A dwelling where people conduct criminal or immoral activities. Examples are brothels and drug houses. - Also termed (more narrowly) bawdy house; house ofprostitution; house of ill fame; house of ill repute; lewd house; assignation house; house ofassignation. "The keeping of one type of disorderly house - the bawdy house - is punished because it violates the social interest in maintaining proper standards of morality and decency.... As included here a house may be disorderly for other reasons. Any house in which disorderly persons are permitted to congregate, and to disturb the tranquillity of the neighborhood by fighting, quarreling, swearing or any other type of disorder, is a disorderly house; and the keeping thereof is a misdemeanor at common law." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 487 (3d ed. 1982).

disorderly house- See DISORDERLY HOUSE.

disorderly person 1. A person guilty of disorderly conduct. 2. A person who breaches the peace, order, decency, or safety of the public, as defined by statute.The offense of being a disorderly person is usu. a misdemeanor. "Ordinarily, a person who is gUilty of disorderly conduct is a 'disorderly person,' but where statutes define 'a dis· orderly person' and distinguish acts which may constitute the offense of disorderly conduct, the distinction is to be preserved and the different provisions relative to the different offenses particularly followed." 27 c.J.S. Disorderly Conduct § 1 (1), at 509 (1 959).

disparagare (di-spar-a-gair-ee), vb. [Law Latin fr. Law French disparager "to disparage"]. 1. To disparage. 2. To bring together unequal persons, as in a marriage between persons of unequal lineage. Cf. PARAGE.

disparagatio (di-spar-a-gay-shee-oh), n. [Law Latin]. Disparagement in marriage.

disparagation (di-spar-a-gay-shan), n. [Law French] Hist. 1. Disparagement. 2. A marriage below one's station.

disparagement (di-spar-ij-mant), n. 1. A derogatory comparison of one thing with another <the disparagement consisted in comparing the acknowledged liar to a murderer>. 2. The act or an instance of castigating or detracting from the reputation of, esp. unfairly or untruthfully <when she told the press the details of her husband's philandering, her statements amounted to disparagement>. 3. A false and injurious statement that discredits or detracts from the reputation of another's character, property, product, or business.o To recover in tort for disparagement, the plaintiff must prove that the statement caused a third party to take some action resulting in specific pecuniary loss to the plaintiff. Also termed injurious falsehood. - More narrowly termed slander oftitle; trade libel; slander of goods. See TRADE DISPARAGEMENT. Cf. commercial defamation under DEFAMATION. 4. Reproach, disgrace, or indignity <selfimportance is a disparagement of greatness>. 5. The act or an instance of pairing an heir in marriage with someone of an inferior social rank <the guardian's arranging for the heir's marriage to a chimney sweep amounted to disparagement>. - disparage, vb.

disparaging instruction See JURY INSTRUCTION.

disparaging instruction A jury charge that discredits or defames a party to a lawsuit.

disparaging mark See disparaging trademark under TRADEMARK.

disparaging trademark See TRADEMARK.

disparate impact (dis-pa-rit). The adverse effect of a facially neutral practice (esp. an employment practice) that nonetheless discriminates against persons because of their race, sex, national origin, age, or disability and that is not justified by business necessity. Discriminatory intent is irrelevant in a disparate-impact claim. Also termed adverse impact.

disparate treatment The practice, esp. in employment, of intentionally dealing with persons differently because of their race, sex, national origin, age, or disability. To succeed on a disparate-treatment claim, the plaintiff must prove that the defendant acted with discriminatory intent or motive. "Claims brought on behalf of a group of employees come in two varieties: claims of intentional discrimination (or disparate treatment) and claims of discriminatory impact (or disparate impact). The difference between these types of claims is significant, so much so that constitutional law only recognizes claims of disparate treatment, not disparate impact. Yet these two kinds of claims resemble one another, especially in the statistical evidence that the plaintiff must present in order to establish liability.... [C] lass claims of disparate treatment emphasize the historical perspective and its negative conception of equality as colorblindness, while class claims of disparate impact emphasize the remedial perspective and its goal of eliminating the effects of past discrimination." George Rutherglen, Employment Discrimination Law 56 (2001).

disparity (di-spar-a-tee). Inequality; a difference in quantity or quality between two or more things.

dispatch (di-spach also dis-pach), 1. A prompt sending off of something <a dispatch of the letter agreement>. 2. A prompt completion of something <dispatch of a business transaction>. 3. Something quickly sent <the dispatch was mailed>. 4. Maritime law. The required diligence in discharging cargo <dispatch is required on all charters>.

dispatch money An amount paid by a shipowner to a vessel's charterer if the vessel's cargo is unloaded at the port sooner than provided for in the agreement between the charterer and the shipowner. Also termed dispatch. Cf. contract demurrage under DEMURRAGE. "Some charters contain a provision for 'dispatch money,' which is in the nature of a reward to the charterer for loading or unloading more rapidly than provided for i.e., in less time than the stipulated 'lay days.' Dispatch, where payable, is usually stated, just as is demurrage, in terms of a rate per day and pro rata part thereof." Grant Gilmore & Charles L Black Jr., The Law ofAdmiralty § 4·8, at 212 (2d ed. 1975).

dispatch rule See MAILBOX RULE.

dispauper (dis-paw-par), vb. To disqualify from being a pauper; to deprive (a person) of the ability to sue in forma pauperis. See IN FORMA PAUPERIS.

dispensary (di-spen-sar-ee), n. 1. A place where drugs are prepared or distributed. 2. An institution, usu. for the poor, where medical advice and medicines are distributed for free or at a discounted rate.

dispensation (dis-pen-say-shan). An exemption from a law, duty, or penalty; permission to do something that is ordinarily forbidden.

dispense with the reading of the minutes Parliamentary law. To forgo reciting the secretary's proposed minutes at the regular time. - The reading is not foregone altogether, but simply postponed. Ifthe proposed minutes have been printed and circulated, then their correction and approval is in order without reading them aloud, and a motion to dispense with reading them is superfluous.

dispersonare (dis-par-sa-nair-ee), vb. [Latin]. To scandalize, disparage, or slander.

displaced person A person who remains within an internationally recognized state border after being forced to flee a home or place of habitual residence because of armed conflict, internal strife, the government systematic violations of human rights, or a natural or man-made disaster. Also termed internally displaced person. Cf. EVACUEE; REFUGEE.

displaced person See PERSON (1).

displaced-persons camp In a nation in the throes of war, natural disaster, ethnic cleansing, or some similar extraordinary event, a temporary settlement where citizens who have become homeless are temporarily provided with the basic necessities of life and given assistance in resetttling or emigrating.

displacement 1. Removal from a proper place or position <displacement of a file> <displacement of an officer>. 2. A replacement; a substitution <displacement of one lawyer with another>. 3. A forced removal of a person from the person's home or country, esp. because of war <displacement of refugees>. 4. A shifting of emo tional emphasis from one thing to another, esp. to avoid unpleasant or unacceptable thoughts or tendencies <emotional displacement>.

display right A copyright owner's exclusive right to show or exhibit a copy of the protected work publicly, whether directly or by technological means. For example, this right makes it illegal to transmit a copyrighted work over the Internet without permission.

dispone (dis-pohn), vb. [fr. Middle English disponen fr. Old French disponer "dispose"], 1. Archaic. To dispose; to arrange. 2. Scots law. To convey, transfer, or otherwise alienate (property),

disponee- See ALIENEE.

dispono (dis-poh-noh), vb. [Latin], Scots law. I grant or convey (land, etc.). This is traditionally the main verb in a grant.

disponor See ALIENOR.

disposable earnings See disposable income under INCOME.

disposable income See INCOME.

disposable income- Income that may be spent or invested after payment of taxes and other primary obligations. - Also termed disposable earnings.

disposable portion The portion of property that can be willed to anyone the testator chooses.

disposal A patent application's termination by withdrawal, rejection, or grant. In some countries, the meaning is limited to rejection.

disposing capacity See testamentary capacity,

disposing capacity- See testamentary capacity under CAPACITY (3).

disposing clause The clause of the U.S. Constitution giving Congress the power to dispose of property belonging to the federal government. U.S. Const. art. IV, § 3, d. 2.

disposing mind See testamentary capaCity under CAPACITY (3).

disposition (dis-pa-zish-an), n. 1. The act of transfer ring something to another's care or possession, esp. by deed or will; the relinquishing of property <a testamentary disposition of all the assets>.

disposition hearing See HEARING.

disposition hearing- Family law. 1. In child-abuse and neglect proceedings, after an adjudication hearing at which the state proves its allegations, a hearing at which the court hears evidence and enters orders for the child's care, custody, and control. Typically, the judge determines a plan for services aimed at reunifying or rehabilitating the family. 2. In a juvenile-delinquency case, after an adjudication hearing at which the state proves its case against the juvenile or after a juvenile's pleading true to the charges against him, a hearing at which the court determines what sanctions, if any, will be imposed on the juvenile. At a disposition hearing, the court balances the best interests of the child against the need to sanction the child for his or her actions. If the juvenile is adjudicated a delinquent, the probation staff prepares a social history of the youth and his family and recommends a disposition. After reviewing the social history and various recommendations, the court enters a disposition. Among the possible juvenile sanctions are a warning, probation, restitution, counseling, or placement in a juvenile-detention facility. Probation is the most common sanction. Also termed dispositional hearing. Cf. adjudication hearing. 3. See permanency hearing.

disposition without a trial The final determination of a criminal case without a trial on the merits, as when a defendant pleads guilty or admits sufficient facts to support a guilty finding without a trial.

dispositional hearing See disposition hearing and permanency hearing under HEARING.