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divisible contract See severable contract.

divisible contract- See severable contract under CONTRACT.

divisible divorce See DIVORCE.

divisible divorce- A divorce whereby the marriage itself is dissolved but the issues incident to the divorce, such as alimony, child custody, and visitation, are reserved until a later proceeding. This type of divorce can be granted when the court has subject-matter jurisdiction but lacks personal jurisdiction over the defendant-spouse. The doctrine of divisible divorce was recognized by the Supreme Court in Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213 (1948), and Vanderbilt v. Vanderbilt, 354 U.S. 416, 77 S.Ct. 1360 Also termed bifurcated divorce.

divisible obligation An obligation that can be divided without the consent of the parties. Either the performing party or the receiving party may unilaterally divide the obligation.

divisible obligation See OBLIGATION.

divisible offense See OFFENSE (1).

divisible offense A crime that includes one or more crimes oflesser grade. For example, murder is a divisible offense comprising assault, battery, and assault with intent to kill.

divisible promises Promises that are capable of being divided into independent parts.

divisible promises See PROMISE.

divisim (di-vi-zam). [Law Latin]. Severally; separately.

division 1. Parliamentary law. A counted vote. See counted vote under VOTE (4); DIVIDE THE ASSEMBLY. Also termed division of the assembly; division of the house; division vote. 2. Parliamentary law. The separation of a long or complex motion, usu. one covering more than one subject, into shorter motions that the assembly considers independently. Also termed division ofthe question. See DIVIDE THE QUESTION.

division of fees See FEE-SPLITTING.

division of powers The allocation of power between the national government and the states. Under the Tenth Amendment, powers not delegated to the federal government are reserved to the states or to the people. But today the Tenth Amendment provides only a limited check on Congress's power to regulate the states. Cf. SEPARATION OF POWERS.

division of property See PROPERTY SETTLEMENT (1).

division of the assembly See DIVISION (1).

division of the house See DIVISION (1).

division of the question See DIVISION (2).

division order Oil & gas. A contract for the sale of oil or gas, specifying how the payments are to be distributed. Royalty owners enter into division orders to sell minerals and to instruct how payments are to be made under a mineral lease. Working-interest owners also commonly sign division orders to instruct purchasers how payments are to be divided.

division vote See DIVISION (1).

divisional application A patent application based on the same disclosure as the original application but claiming a different invention. If an examiner finds that a disclosure reveals two or more distinct inventions, the applicant must restrict the original application to claiming one of the inventions. A divisional application can then be filed on any nonelected invention, and it will keep the same filing date as the parent application. Often shortened to divisional. Also termed restriction application.

divisional application See PATENT APPLICATION.

divisional bond A railroad bond secured by a mortgage on a specific segment of a consolidated railroad system. Cf. consolidated bond (1).

divisional bond- See BOND (3).

divisional court An English court made up of two or more judges from the High Court of Justice sitting in special cases that cannot be disposed of by one judge. Each division of the High Court has a divisional court, e.g., the Divisional Court of the Family Division. With the exception of the Divisional Court of the Chancery Division, which has jurisdiction to review land-registration appeals from the county court, almost all judicial appeals are from decisions of a magistrates' court. The Divisional Court of the Queen's Bench DiVision hears appeals from the Crown Court or the magistrates' court by way of case stated in criminal prosecutions, which is the most frequent use of a divisional court.

divisional court- See COURT.

divisional security A special type of security issued to finance a particular project.

divisional security See SECURITY.

divisum imperium (di-vi-zam im-peer-ee-am), n. [Latin "a divided empire"] Divided jurisdiction; alternate jurisdiction, as of courts. "This main sea begins at the low-water-mark. But between the high-water-mark and the low-water-mark, where the sea ebbs and flows, the common law and admiralty have divisum imperium, an alternate jurisdiction; one upon the water, when it is full sea; the other upon the land, when it is an ebb." 1 William Blackstone, Commentaries on the Laws of England 107 (l765).

divorce The legal dissolution of a marriage by a court. Also termed marital dissolution; dissolution of marriage. Cf. ANNULMENT.divorce, vb. "When used Without qualification, the term [divorce] imports a dissolution of the marriage relation between husband and wife, that is, a complete severance of the tie by which the parties were united. However, in its common and wider use, the term includes the dissolution of a valid marriage, a formal separation of married persons, and the annulment of a marriage void from the beginning. "So, while the term 'divorce' has sometimes been broadly defined or applied to include both decrees of nullity and decrees of dissolution of marriage, especially where the marriage was not void but only voidable at the option of the injured party, this has been declared to be not in accord with modern usage, and generally, the term denotes only dissolution or suspension of a marital relation, and does not include annulment of an invalid marriage." 27A CJS Divorce § 2, at 31-32 (1986).

divorce a mensa et thoro (ay men-sa et thor-oh). [Latin "(divorce) from board and hearth"]. A partial or qualified divorce by which the parties were separated and allowed or ordered to live apart, but remained technically married. This type of divorce, abolished in England in 1857, was the forerunner of modern judicial separation. Also termed separation a mensa et thoro; separation from bed and board; limited divorce; legal separation; judicial separation. "[T]he Ecclesiastical Courts] grant also what is called a divorce a mensa et thoro, or rather what we should call a judicial separation, i.e. they release the parties from the duty of living together on grounds of cruelty or misconduct ...." William Geldart, Introduction to English Law 38 (D.C.M. Yardley ed., 9th ed. 1984).

divorce a vinculo matrimonii (ay ving-kya-loh ma-tra-moh-nee-i). [Latin "(divorce), from the chains of marriage"]. A total divorce of husband and wife, dissolving the marriage tie and releaSing the parties wholly from their matrimonial obligations.o At common law, but not always in canon law, this type of divorce bastardized any children from the marriage and was granted on grounds that existed before the marriage. In England, the Matrimonial Causes Act of 1857 introduced statutory divorce a vinculo matrimonii. Usu. shortened to divorce. Also termed absolute divorce. Cf. limited divorce.

divorce agreement See DIVORCE AGREEMENT.

divorce agreement- A contractual agreement that sets out divorcing spouses' rights and responsibilities regarding property, alimony, custody, visitation, and child support. The divorce agreement usu. becomes incorporated by court order as a part of the divorce decree and thus is enforceable by contempt, among other remedies. - Also termed agreement incident to divorce; marital settlement agreement; separation agreement. Cf. PROPERTY SETTLEMENT.

divorce decree A final judgment in a suit for divorce. A divorce decree dissolves the marriage and usu. resolves all matters concerning property and children. Generally, matters concerning children can be modified in a post-divorce action if there has been a substantial change in circumstances.

divorce decree- See DECREE.

divorce proctor A person (such as a guardian) who is appointed to protect the interest of the state or children in a divorce action. Sometimes shortened to proctor.

divortium (di-vor-shee-am), n. [Latin) 1. Roman law. Divorce; a severance of the marriage tie. In classical law, no grounds were required. Cf. REPUDIUM. 2. Eccles. law. A decree allowing spouses to separate or declaring their marriage invalid. "Owing to the fact that the church had but slowly made up her mind know to know no such thing as a divorce in our acceptation of that term (i.e., the dissolution of a valid marriage) the term divortium is currently used to signify two very different things, namely (1) the divortium quoad torum, which is the equivalent of our 'judicial separation,' and (2) what is very often called the divortium quoad vinculum but is really a declaration of nullity. The persis· tence of the word divoytium in the latter case is a trace of an older state of affairs, but in medieval practice the decree of nullity often served the purpose of a true divorce; spouses who had quarrelled began to investigate their pedigrees and were unlucky if they could discover no impedimentum dirimens." 2 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward 1393 n.5 (2d ed. 1899; repro 1959).

DJIA abbr. DOW JONES INDUSTRIAL AVERAGE.

DLA abbr. DEFENSE LOGISTICS AGENCY.

DLIC See documentary letter ofcredit under LETTER OF CREDIT.

DLOP abbr. Dismissal for lack of prosecution. See dismissal for want ofprosecution under DISMISSAL (1).

DLOP docket See DWOP docket under DOCKET (z).

DLSA abbr. DEFENSE LEGAL SERVICES AGENCY.

DMCA abbr. DIGITAL MILLENNIUM COPYRIGHT ACT.

DNA abbr. Deoxyribonucleic acid; the double-helix structure in cell nuclei that carries the genetic information of most living organisms.

dna identification A method ofscientific identification based on a person's unique genetic makeup; spedf., the comparison of a person's deoxyribonucleic acid (DNA) a patterned chemical structure of genetic information with the DNA in a biological specimen (such as blood, tissue, or hair) to determine whether the person is the source of the specimen. DNA evidence is used in criminal cases for purposes such as identifying a victim's remains, linking a suspect to a crime, and exonerating an innocent suspect. Also termed DNA fingerprinting; genetic fingerprinting: DNA profiling; DNA typing. Cf. HUMAN-LEUKOCYTE ANTIGEN TEST.

DNR order abbr. DO-NOT-RESUSCITATE ORDER.

do (doh). [Latin]. I give. This term was considered the oldest and aptest for a feoffment and gift.

do equity (Of one who seeks an equitable remedy) to treat or offer to treat the other party as fairly as is necessary, short of abandoning one's own legal rights, to bring about a fair result. The phrase derives from the maxim, uOne who seeks equity must do equity." See UNCLEAN-HANDS DOCTRINE.

do ut des (doh at deez). [Latin "I give that you may give"], Roman law. An innominate contract in which a party gives something in exchange for something that the other party is to give. See innominate contract under CONTRACT.

do ut facias (doh at fay-shee-as). [Latin "I give that you may do"], Roman law. An innominate contract in which a person gives something to another person who is to do or perform certain work. See innominate contract and bilateral contract under CONTRACT.

do, dieD, addieo (doh, di-koh, a-di-koh or dik-oh, a-dik-oh). [Latin], I give, I say, I adjudge. - These formal words were spoken by the Roman praetor in the exercise of his jurisdiction on certain days, such as dies fasti. They could not be officially spoken on dies nefasti. Do refers to the granting of actions, exceptions, and the appointment of judges; dico refers to the pronouncement of judgments; and addico refers to the adjudication of controverted property.

do, lego (doh, lee-goh). [Latin], I give and bequeath. - In Roman law, this was the phrase used to make a bequest.

DOC abbr. DEPARTMENT OF COMMERCE.

dock 1. A structure that encloses water. often between two piers, in which ships are received for loading, unloading, safekeeping, or repair. 2. The part of a warehouse or other building (usu. elevated with oversized doors) at which trucks are received for loading and unloading. 3. English law. In a criminal court, the enclosure in which the prisoner is placed during trial <it was through his own deliberate choice that Mr. Bourne found himself in the dock at the Old Bailey, charged with a felony>. See BAIL DOCK.

dock receipt Maritime law. An interim document issued by a maritime carrier to evidence the delivery of goods at the dock. Generally, a dock receipt entitles the designated person to receive a bill oflading, waybill, or other transport document. - Also termed dock warrant. See DOCUMENT OF TITLE.

dock sale A sale in which a purchaser takes possession of the product at the sellers shipping dock, esp. for transportation outside the state.

dock sale See SALE.

dock warrant See DOCK RECEIPT.

dockage A charge for the use of a dock, esp. while a vessel is undergoing repairs.

docket 1. A formal record in which a judge or court clerk briefly notes all the proceedings and filings in a court case <review the docket to determine the filing date>. - Also termed judicial record: bench docket: docket sheet.

docket- 1. To make a brief entry in the docket of the proceedings and filings in a court case <to docket the filing date>. 2. To abstract and enter in a book <to docket a judgment>. 3. To schedule (a case) for trial or some other event <the case was docketed for a May trial>.

docket call A court session in which attornevs (and sometimes parties) appear in court to report the status of their cases. - For example, they may announce readiness for trial or report the suit's settlement. Often shortened to docket.

docket entry A note made in the court's formal record of proceedings and filings. See DOCKET (1).

docket fee See FEE (1).

docket fee- A fee charged by a court for filing a claim.

docket number A number that the court clerk assigns to a case on the court's docket.

docket order See ORDER (2).

docket order A court order memorialized only as an entry on the docket sheet.

docket sheet See DOCKET (1).

dockmaster English law. An officer who directs the mooring and removal of ships to avoid the obstruction of commerce.

doctor 1. In Roman Catholic canon law, an honorary title for a scholar. 2. A title of a person who has acquired an advanced degree in academics, or has achieved an honorable distinction. 3. A physician. -Abbr. Dr.

doctor of juridical science A graduate law degree, beyond the J.D. and the LL.M. Abbr. S.).D.; J.S.D. Also termed Doctor ofJudicial Science; Doctor of the Science ofJurisprudence; Doctor ofthe Science of Law.

doctor of Jurisprudence See JURIS DOCTOR.

doctor of law See JURIS DOCTOR.

doctor of laws An honorary degree bestowed on one who has achieved great distinction. - Abbr. LL.D. Cf. JURIS DOCTOR; MASTER OF LAWS.

doctor of the science of jurisprudence See DOCTOR OF JURIDICAL SCIENCE.

doctor of the science of law See DOCTOR OF JURIDICAL SCIENCE.

doctor-patient privilege The right to exclude from discovery and evidence in a legal proceeding any confidential communication that a patient makes to a physician for the purpose of diagnosis or treatment, unless the patient consents to the disclosure. Also termed patient-physician privilege; physician-patient privilege; physician-client privilege.

doctor-patient privilege See PRIVILEGE (3).

doctor-patient relationship The association between a medical provider and one who is being diagnosed or treated. The relationship imposes a duty on the doctor to ensure that the patient gives informed consent for treatment.

doctor-patient relationship See RELATIONSHIP.

doctors' commons- The College of Advocates and Doctors of Law, which trained specialists in admiralty and ecclesiastical law and housed admiralty and ecclesiastical courts from the 16th century to the 19th. The College was dissolved in the 1860s after its functions were absorbed by the High Court. - Sometimes written Doctors' Common.

doctrine- 1. A principle, esp. a legal principle, that is Widely adhered to. 2. Archaic. HOLDING (1).

doctrine of legal unities See LEGAL-UNITIES DOCTRINE.

doctrine of optional completeness See RUU OF OPTIONAL COMPLETENESS.

doctrine of worthier title See WORTHIER-TITLE DOCTRINE.

doctrine of acquired rights See ACQUIRED-RIGHTS DOCTRINE.

doctrine of adverse domination See ADVERSE-DOMINATION DOCTRINE.

doctrine of approximation A doctrine that authorizes a court to vary the details of a trust's administration to preserve the trust and to carry out the donor's intentions. Also termed equitable doctrine of approximation. Cf. CY PRES.

doctrine of capture See RULE OF CAPTURE.

doctrine of claim differentiation See CLAIM DIFFERENTIATION.

doctrine of coercion See COERCION (3).

doctrine of completeness See RULE OF OPTIONAL COMPLETENESS.

doctrine of constructive service 1. See constructive service under SERVICE (2). 2. Employment law. The principle that a person who contracts to work for a definite period and is wrongfully discharged after beginning work may wait until the contract period expires and then sue on the contract for the wages that the person would have earned between the time of the discharge and the expiration of the contract. In a jurisdiction that has adopted this principle, it is an exception to the mitigation-of-damages doctrine. Often shortened to constructive service. Cf. MITIGATION-OF-DAMAGES DOCTRINE.

doctrine of contagion See CONTAGION.

doctrine of continuity See CONTINUITY (2).

doctrine of contra non valentem (kon-tra non va-len-tam). The rule that a limitations or prescriptive period does not begin to run against a plaintiff who is unable to act, usu. because of the defendant's culpable act, such as concealing material information that would give rise to the plaintiffs claim. Often shortened to contra non valentem.

doctrine of contra proferentem See CONTRA PROFERENTEM.