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dispositional hearing- See disposition hearing.

dispositive (dis-poz-a-tiv), adj. 1. Being a deciding factor; (of a fact or factor) bringing about a final determination. 2. Of, relating to, or effecting the disposition of property by will or deed.

dispositive clause In a deed, the clause of conveyance by which the grantor describes the property conveyed, its conditions or burdens, the name of the grantee, and the destination to heirs. See DESTINATION (3).

dispositive fact (dis-poz-a-tiv). 1. A fact that confers rights or causes the loss of rights. A dispositive fact may be either an investitive or a divestitive fact. Also termed vestitive fact (ves-ta-tiv). 2. A fact that is decisive of a legal matter; evidence that definitively resolves a legal issue or controversy. See DISPOSITION.

dispositive fact- See FACT.

dispositive treaty- See TREATY (1).

dispossess (dis-pa-zes), vb. To oust or evict (someone) from property. See DISPOSSESSION.

dispossess proceeding A summary procedure initiated by a landlord to oust a defaulting tenant and regain possession of the premises. See FORCIBLE ENTRY AND DETAINER.

dispossession (dis-pa-zesh-an), n. Deprivation of, or eviction from, rightful possession of property; the wrongful taking or withholding of possession of land from the person lawfully entitled to it; OUSTER (1).

dispossessor A person who dispossesses.

disprove To refute (an assertion); to prove (an allegation) false.

dispunishable adj. (Of an offense) not punishable; not answerable.

disputable presumption See rebuttable presumption.

disputable presumption See rebuttable presumption under PRESUMPTION.

disputatio fori (dis-pyoo-tay-shee-oh for-i). [Latin], Roman law. Argument before a court; the practice of legal advocacy.

dispute A conflict or controversy, esp. one that has given rise to a particular lawsuit. dispute, vb.

dispute resolution See ALTERNATIVE DISPUTE RESOLUTION.

dispute-resolution procedure Intellectual property. A mechanism for resolving international grievances over intellectual-property protection, conducted by the World Trade Organization under the TRIPs agreement. The procedure begins with a complaint by one nation against another, tollowed by consultations between the nations, a WTO panel report on the issue, and (potentially) trade sanctions against one of the nations.

disqualification 1. Something that makes one ineligible; esp., a bias or conflict of interest that prevents a judge or juror from impartially hearing a case, or that prevents a lawyer from representing a party.

disrate To reduce to a lower rank, esp. to reduce a ship or petty officer's rank.

disrationare (dis-ray-shee-a-nair-ee), n. [Law Latin fr. Law French desreigner "to deraign"]. To prove; to establish a title.

disregard 1. The action of ignoring or treating without proper respect or consideration. 2. The state of being ignored or treated without proper respect or consideration. - disregard, vb.

disregarding the corporate entity See PIERCING THE CORPORATE VEIL.

disrepair A state of being in need of restoration after deterioration or damage.

disrepute A loss of reputation; dishonor.

disruptive conduct Disorderly conduct in the context of a governmental proceeding. See CONTEMPT.

disruptive couduct See CON DUCT.

disseise (dis-seez), vb. To wrongfully deprive (a person) of the freehold possession of property. Also spelled disseize.

disseisee (dis-see-zee). A person who is wrongfully deprived of the freehold possession of property. Also spelled disseizee. Also termed disseisitus.

disseisin (dis-see-zin), n. The act of wrongfully depriving someone of the freehold possession of property; DISPOSSESSION. Also spelled disseizin.

disseisin by election A legal fiction by which a property owner is allowed to claim that he or she has been disseised, regardless of whether this is actually true, in order to have a remedy against an adverse claimant.

disseisitrix See DISSEISORESS.

disseisitus See DISSEISEE.

disseisor (dis-see-zar or -zor). A person who wrongfully deprives another of the freehold possession of property. - Also spelled disseizor.

disseisoress (dis-see-zar-is). A female disseisor. Also termed disseisitrix.

dissemble (di-sem-bal), vb. 1. Archaic. To physically disguise <to dissemble by wearing a mask>. 2. To give a false impression about (something); to cover up (something) by deception <to dissemble the facts>.

disseminatiou (di-sem-i-nay-shan), n. 1. The act of spreading, diffusing, or dispersing; esp., the circulation of defamatory matter. 2. The extension of the influence or establishment of a thing, such as an idea, book, or document.

dissensus (di-sen-sas), n. [Latin "disagreement"], Roman law. 1. A lack of agreement. 2. A mutually agreed annulment of a contractual obligation; an undoing of consensus that created the obligation.

dissent (di-sent), 1. A disagreement with a majority opinion, esp. among judges. 2. See dissenting opinion under OPINION (I). 3. A Withholding of assent or approval. 4. The act of a surviving spouse who, as statutorily authorized in many states, refuses a devise and elects instead a statutory share. See ELECTIVE SHARE. - dissent (di-sent), vb.

dissent and appraisal, right of See APPRAISAL REMEDY.

dissenters' right See APPRAISAL REMEDY.

dissentiente (di-sen-shee-en-tee). [Latin), Dissenting. When used with a judge's name, it indicates a dissenting opinion.

dissenting opinion See OPINION (1).

dissenting opinion An opinion by one or more judges who disagree with the decision reached by the majority. Often shortened to dissent. Also termed minority opinion.

dissignare (di-sig-nair-ee), vb. [Law Latin], To break open a seal.

dissipation The use of an asset for an illegal or ineqUitable purpose, such as a spouse's use of community property for personal benefit when a divorce is imminent.dissipate, vb.

dissociative amnesia See REPRESSED-MEMORY SYNDROME.

dissolute adj. (Of a person or thing) lacking restraint; wanton; devoted to pleasure <dissolute person> <a dissolute lifestyle>.

dissolution (dis-a-Ioo-shan), n. 1. The act of bringing to an end; termination. 2. The cancellation or abrogation of a contract, with the effect of annulling the contract's binding force and restoring the parties to their original positions. See RESCISSION. 3. The termination of a corporation's legal existence by expiration of its charter, by legislative act, by bankruptcy, or by other means; the event immediately preceding the liquidation or winding-up process.

dissolution bond See discharging bond under BOND (2).

dissolution of marriage 1. DIVORCE. 2. Archaic. A divorce-like remedy available when both spouses have signed a separation agreement that deals with (1) the issue of alimony (providing either some or none), and (2) if there are children, the issues of support, custody, and visitation. Under a dissolution of marriage in this sense, the court is bound by the separation agreement and cannot later modify alimony payments. Courts in jurisdictions where the term has been used in this specific sense traditionally distinguish it from divorce, which was formerly available only on certain grounds and which allowed the court to modify alimony payments.

dissolved corporation A corporation whose charter has expired or been revoked, relinquished, or voluntarily terminated. Also termed dead corporation.

dissolved corporation- See CORPORATION.

dissolving condition See resolutory condition.

dissolving condition- See resolutory condition under CONDITION (2).

dissuade To persuade (someone) not to do something <to dissuade the expert from testifying>.

distaff right A woman's legal right.

distillate Oil & gas. 1. The "wet" element of natural gas that may be removed as a liquid. Also termed condensate; natural gas. 2. Any product of the process of distillation.

distinct invention One part of an invention that can be used on its own, and the absence of which will not prevent the remainder ofthe invention from working. When the subject matter of a patent application is found to be multiple distinct inventions, the examiner requires the inventor to restrict the application to a single invention. See RESTRICTION (4). Cf. independent invention.

distinct invention See INVENTION.

distincte et aperte (dis-tingk-tee et a-par-tee). [Law Latin], Distinctly; openly. This phrase was formerly used in writs of error to refer to the return required to be made.

distinctive mark See distinctive trademark under TRADEMARK.

distinctive name See NAME.

distinctive trademark See TRADEMARK.

distinctiveness Trademarks. The quality of a trademarked word, symbol, or device that identifies the goods of a particular merchant and distinguishes them from the goods of others. Also termed acquired distinctiveness. - distinctive, adj.

distinguish 1. To note a significant factual, procedural, or legal difference in (an earlier case), usu. to minimize the case's precedential effect or to show that it is inapplicable <the lawyer distinguished the cited case from the case at bar>. "In practice, courts do not concede to their predecessors the power of laying down very wide rules; they reserve to themselves the power to narrow such rules by introducing into them particular facts of the precedent case that were treated by the earlier court as irrelevant. This process is known as 'distinguishing,''' John Salmond, Jurisprudence 192 (Glanville L. Williams ed., 10th ed. 1947). 2. To make a distinction <the court distinguished between willful and reckless conduct>. - distinction, n.

distinguishable adj. (Of a case or law) different from, and thereby not controlling or applicable in, a given case or situation.

distinguishable variation Copyright. A detectable difference between two works. Distinguishable variation is the standard for determining whether a work that is based on a work in the public domain can itself be copyrighted. Examples include translations of books and mezzotints of paintings. Some nontrivial originality is also required; exact copies are not protectable.

distinguishing mark A physical indication or feature that identifies or delineates one person or thing from another <the voting ballots contained distinguishing marks so that they could not be counted>. See DISTINCTIVENESS.

distracted adj. 1. (Of a person) not concentrating. 2. (Of a person) disordered.

distractio (di-strak-shee-oh), n. [Latin fr. distrahere "to draw apart"], Roman law. A separation or division into parts; an alienation or sale, such as a creditor's sale of a pledge.

distractio bonorum (di-strak-shee-oh ba-nor-am). [Latin "the sale of goods"] Roman law. A curator bonorum's sale of the property in an insolvent estate to satisfy creditors' claims.

distractio pignoris (di-strak-shee-oh pig-nor-is). [Latin "the sale of something pledged"], Roman law. A creditor's sale of something pledged or hypothecated to obtain satisfaction on a debt.

distraction doctrine The rule that a plaintiff may not be guilty of contributory negligence if the plaintjff's attention was diverted from a known danger by a sufficient cause. See contributory negligence under NEGLlGENCE.

distrahere (dis-tray-ha-ree), vb. [fr. Latin dis "apart" + trahere "to draw"], To draw apart; to sell; to dissolve, as in a contract.

distrain 1. To force (a person, usu. a tenant), by the seizure and detention of personal property, to perform an obligation (such as paying overdue rent). 2. To seize (goods) by distress, a legal remedy entitling the rightful owner to recover property wrongfully taken. - Also spelled distrein. - distraint, n.

distrainee One who is, or whose property is, distrained.

distrainer Someone who seizes property under a distress. - Also spelled distrainor; distreinor.

distraint See DISTRESS.

distrein- See DISTRAIN.

distress 1. The seizure of another's property to secure the performance of a duty, such as the payment of overdue rent. 2. The legal remedy authorizing such a seizure; the procedure by which the seizure is carried out. "Distress ... may be defined as the taking, either with legal process, or extra·judicially subject to the performance of some necessary condition precedent, by a private individ or by an officer of the court, of a personal chattel, out of the possession of a wrongdoer or defaulter and into the custody of the law to be impounded as a pledge in order to bring pressure to bear upon the owner of the chattel to redress an injury, to perform a duty, or to satisfy a lawful demand, subject, however, to the right of the owner to have the chattel returned to him [up]on the injury being redressed, or the duty performed, or the demand satisfied or [up]on security being given so to do." EA. Enever, History of the Law of Distress 7-8 (1931). "The word distress is derived from distringere, meaning to put into a strait or pound. In early English custumals the word used is nam, which is of Scandinavian derivation and indicates a taking. In the latin legal documents of early medieval times pignorare is used as well as distringere to denote the act of distraining, but whereas distringere is used in relation to distress for rent and services, pignorare is applied to distress for debts." F.A. Enever, History of the Law of Distress 3 (1931).

distress damage feasant The right to seize animals or inanimate chattels that are damaging or encumbering land and to keep them as security until the owner pays compensation.

distress infinite A distress that the sheriff can repeat from time to time to enforce the performance of something, as in summoning a juror or compelling a party to appear in court. The goods must be returned after the delinquent person performs his or her duty. "[F]or the most part it is provided that distresses be reasonable and moderate; but, in the case of distress for fealty or suit of court, no distress can be unreasonable, immoderate, or too large: for this is the only remedy to which the party aggrieved is entitled, and therefore it ought to be such as is sufficiently compulsory; and, be it of what value it will, there is no harm done, especially as it cannot be sold or made away with, but must be restored immediately on satisfaction made. A distress of this nature, that has no bounds with regard to its quantity, and may be repeated from time to time until the stubbornness of the party is conquered, is called a distress infinite." 3 William Black· stone, Commentaries on the Laws of England 231 (1768).

distress sale 1. A form of liquidation in which the seller receives less for the goods than what would be received under norma) sales conditions; esp., a going-out-of-business sale. 2. A foreclosure or tax sale.

distress sale See SALE.

distress warrant See WARRANT (1).

distressed debt A debt instrument issued by a company that is financially troubled and in danger of defaulting on the debt, or in bankruptcy, or likely to default or declare bankruptcy in the near future.

distressed debt- See DEBT.

distressed goods See GOODS.

distressed goods- Goods sold at unusually low prices or at a loss.

distressed property See PROPERTY.

distressed property Property that must be sold because of mortgage foreclosure or because it is part of an insolvent estate.

distributable net income See INCOME.

distributable net income- The amount of distributions from estates and trusts that the beneficiaries will have to include in income.

distribute (di-strib-yoot), vb. 1. To apportion; to divide among several. 2. To arrange by class or order. 3. To deliver. 4. To spread out; to disperse.

distributed denial-of-service attack See DENIAL-OFSERVICE ATTACK.

distributed denial-ol-service attack A denial-of-ser· vice attack carried out by distributing a virus that causes infected computers to try to access the target computer at the same time. - Abbr. DDoS attack.

distributee (di-strib-yoo-tee), n. 1. A beneficiary entitled to payment. 2. An heir, esp. one who obtains personal property from the estate of an intestate decedent.

distribution 1. The passing of personal property to an intestate decedent's heirs; specie, the process of dividing an estate after realizing its movable assets and paying out of them its debts and other claims against the estate. Cf. DESCENT (1). 2. The act or process of apportioning or giving out. distribute, vb.

distribution channel One of several routes through which a manufacturer's or distributor's goods are marketed. In trademark law, identical or similar marks that are used in the same channel may lead to consumer confusion. Also termed channel oftrade; channel of distribution.