domesticadj. 1. Of or relating to one's own country <domestic affairs>. 2. Of or relating to one's own jurisdiction <in Alaska, a domestic corporation is an Alaskan one>. 3. Of or relating to the family or the household <a domestic dispute>. |
domestic creditorA creditor who resides in the same state or country as the debtor or the debtor's property. |
domestic abuseSee domestic violence under VIOLENCE. |
domestic abuseSee domestic violence under VIOLENCE. |
domestic animal1.An animal that is customarily devoted to the service of humankind at the time and in the place where it is helped.See DOMITAE NATURAE; MANSUETAE NATURAE. 2. Any animal that is statutorly so designated. Also termed animal mansuetae naturae. |
domestic animal-See ANIMAL. |
domestic asset-protection trustSee asset-protection trust under TRUST (3). |
domestic authority1. The legal power to use nondeadly force when reasonably necessary to protect a person for whom one is responsible. 2. A defense allowing a person responsible for another (such as a parent responsible for a child) to use nondeadly force when reasonably necessary to protect the person being cared for. |
domestic bill1. A bill of exchange that is payable in the state or country where it is drawn. 2. A bill on which both the drawer and drawee reside within the same state or country. -Also termed (in sense 2) inland bill of exchange. Cf. foreign bill. |
domestic bill-See BILL (6). |
domestic corporation1. A corporation that is organized and chartered under the laws of a state. The corporation is considered domestic by the chartering state. Cf. foreign corporation. 2. Tax. A corporation created or organized in the United States or under federal or state law. IRC (26 USCA) § (4). |
domestic corporation-See CORPORATION. |
domestic court1. A court having jurisdiction at the place of a party's residence or domicile. 2. See family court. |
domestic court-See COURT. |
domestic creditorSee CREDITOR. |
domestic disputeA disturbance, usu. at a residence and usu. within a family, involving violence and often resulting in a call to a law-enforcement agency. Also termed domestic disturbance;family disturbance. See domestic violence under VIOLENCE. |
domestic disturbanceSee DOMESTIC DISP'GTE. |
domestic exportSee EXPORT (1). |
domestic export-A product originally grown or manufactured in the United States, as distinguished from a product originally imported into the United States and then exported. 2. The process of transporting products or services to another country. Cf. IMPORT (1), (2). |
domestic fixtureSee FIXTURE. |
domestic fixture-Removable personal property provided by a tenant for the tenant's personal comfort and convenience while occupying leased premises. This term frequently applies to items such as large kitchen appliances. See tenant's fixture. Cf. ornamental fixture. |
domestic guardianSee GUARDIAN. |
domestic guardian-A guardian appointed in the state in which the ward is domiciled. |
domestic international sales corporationA U.S. corporation, esp. a subsidiary whose income is primarily attributable to exports .o Income tax on part of a DISC's income is usu. deferred, resulting in a lower overall corporate tax for the parent than it would otherwise incur. IRC (26 USCA) §§ 991-997. Abbr. DISC. |
domestic judgmentSee JUDGMENT. |
domestic judgmentA judgment rendered by the courts of the state or country where the judgment or its effect is at issue. |
domestic partnership1. A nonmarital relationship between two persons of the same or opposite sex wholive together as a couple for a significant period of time. 2. A relationship that an employer or governmental entity recognizes as equivalent to marriage for the purpose of extending employee-partner benefits otherwise reserved for the spouses of employees. Cf. CIVIL UNION; same-sex marriage under MARRIAGE (1). domestic partner, n. |
domestic policy councilSee OFFICE OF POLICY DEVELOPMENT. |
domestic relationsSee FAMILY LAW (1). |
domestic servantA household servant. Often shortened to domestic. |
domestic terrorismSee TERRORISM. |
domestic tortSee marital tort under TORT, |
domestic violenceSee VIOLENCE. |
domesticated animal1. A feral animal that has been tamed. 2. An animal that has customarily lived peaceably with people, such as farm animals and pets. See DOMITAE NATURAE. |
domesticated animal-See ANIMAL. |
domestic-partnership lawA legislative enactment, often a municipal ordinance, that grants unmarried adults living in economically or emotionally based relationships, regardless of their sexual preference, some of the rights of a civil marriage without attempting to change the traditional definition of marriage. |
domestic-partnership periodThe period beginning when domestic partners begin living togather and ending when the partners stop sharing a primary residence. See DOMESTIC PARTNERSHIP. |
domestic-partnership propertySee PROPERTY. |
domestic-partnership propertyProperty that would be marital property if the domestic partners were married to each other. See DOMESTIC PARTNERSHIP; DOMESTIC-PARTNERSHIP PERIOD. |
domestic-relations courtSee family court under COURT. |
domestic-relations courtSee family court. |
domestic-relations exceptionThe exclusion of suits regarding the granting of divorce, alimony, and child custody from federal diverSity jurisdiction. The domestic-relations exemption to federal diverSity jurisdiction originated as dictum in Barber v. Barber, 62 U.S. (21 How.) 582 (1858). Federal courts do not have jurisdiction to grant divorces, award alimony, or determine child custody. In general, matters ofdomestic relations are left to the states. But the federal courts may hear other diversity matters involving family members, such as tort claims or suits seeking to enforce alimony orders. Ankenbrandt v. Richards, 504 U.S. 689, 112 S.Ct. 2206 (1992). |
domestic-relations lawSee FAMILY LAW (1). |
domesticus(da-mes-ti-kas), n. [Latin]. Steward; judge's assistant; assessor. |
domicellus(dom-a-sel-as), n. [Law Latin]. 1. A king's natural son in France. 2. A young lord. "Domicellus, Is an old obsolete ... Word, anciently given as an Appellation or Addition to the King's natural Sons in France, and sometimes to the eldest Sons of Noblemen there; from whence we borrowed these Additions: As several natural Children of John of Gaunt, Duke of Lan· caster, are stiled Domicelli by the Charter of Legitimation .... But according to Thorn, the Domicelli were only the better Sort of Servants in Monasteries." Giles Jacob, A New Law-Dictionary (8th ed. 1762). |
domicile(dom-a-sil), 1. The place at which a person has been physically present and that the person regards as home; a person's true, fixed, principal, and permanent home, to which that person intends to return and remain even though currently residing elsewhere. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so deSignated that place. Also termed permanent abode; habitancy. "By domicile we mean home, the permanent home; and if you do not understand your permanent home, I am afraid that no illustration drawn from foreign writers or foreign languages will very much help you to it." Whicker v. Hume (1858) 7 H.L.e. 124, 160 (per Lord Cranworth). "It is difficult to give a definition of domicil that will cover at once domicil by operation of law and domicil by choice. domestic-partnership period. The period beginning The idea of domicil certainly includes the idea of place and when domestic partners begin living together and the idea of settled connection with the place. Domicil of choice is so closely connected with the idea of home that it seems desirable to include that idea in any definition, and yet the idea is not applicable to many kinds of domicil by operation of law. It has therefore seemed best to state this element in the alternative. If a home is in the place, that is sufficient. If there is no home, or if the party is not sui juris, then the place is assigned by law without his will." 1 Joseph H. Beale, A Treatise on the Conflict of Laws § 9.1, at 89-90 (1935). "A person's domicile is the place with which that person is most closely associated his or her 'home' with all the connotations of that word. A person can be domiciled in a nation, a state of the United States, a city, or a house within a city. |
domicile of birthSee domicile of origin. |
domicile of choice1. A domicile established by physical presence within a state or territory, coupled with the intention to make it home. 2. The domicile that a person chooses after reaching majority or being emancipated. |
domicile of originThe domicile of a person at birth, derived from the custodial parent or imposed by law. - Also termed natural domicile; domicile of birth; original domicile. See necessary domicile. "Domicil is sometimes divided into domicil of birth, that by operation of law, and that of choice. Domicil of origin in modern times is domicil in the place where his parents at his birth were domiciled." Theodore D. Woolsey, Intro· duction to the Study of International Law § 71, at 105 n.2 (5th ed. 1878). "Domicile of origin is the domicile the law assigns to each person at birth, usually the domicile of the father in the case of a legitimate child and of the mother in the case of an illegitimate child. Domicile of origin has particular significance in English law. If one abandons one's domiCile of choice without attaining a new one, the domicile of origin 'revives' until a new domicile of choice is attained_ In contrast, U.s. jurisdictions generally will not find a domicile abandoned until a new one has been adopted." Robert C. lawrence III, International Tax and Estate Planning § 1.03(a) (1), at 4 (1989). |
domicile of successionThe domicile that determines the succession of a person's estate. |
domicile of trusteeThe domicile where a trustee is appointed. |
domiciliary(dom-a-sil-ee-er-ee), adj. Of or relating to domicile <domiciliary jurisdiction>. |
domiciliary-(dom-a-sil-ee-er-ee), n. A person who resides in a particular place with the intention of making it a principal place of abode; one who is domiciled in a particular jurisdiction. Cf. RESIDENT; CITIZEN (1). |
domiciliary administration(dom-a-sil-ee-er-ee). The handling of an estate in the state where the decedent was domiciled at death. |
domiciliary administration-See ADMINISTRATION. |
domiciliary administratorA person appointed to administer an estate in the state where the decedent was domiciled at death |
domiciliary administrator-See ADMINISTRATOR (2). |
domiciliary letters testamentarySee LETTERS TESTAMECIITARY. |
domiciliary parentA parent with whom a child lives. |
domiciliary parentSee PARENT. |
domiciliate(dom-a-sil-ee-ayt), vb. To establish a domicile; to fix a place of residence. |
domiciliation(dom-i-sil-ee-ay-shan), n. The act of establishing a domicile. |
domicilium(dom-a-sil-ee-am), n. [Law Latin], Roman law. DOMICILE. |
domigerium(dom-a-jeer-ee-am), n. [Law Latin]. 1. Power over someone. 2. Danger. |
domina(dom-a-na), n. [Law Latin], 1. A lady. 2. A peeress. Cf. DAME (1), (2). |
dominant estateSee ESTATE (4). |
dominant estate-An estate that benefits from an easement. Also termed dominant tenement; dominant property; upper estate. Cf. servient estate. |
dominant propertySee dominant estate under ESTATE (4). |
dominant tenantThe person who holds a dominant estate and therefore benefits from an easement. Cf. servient tenant. |
dominant tenantSee TENANT. |
dominant tenementSee dominant estate under ESTATE (4). |
dominant tenementSee dominant estate under ESTATE (4). |
dominant-jurisdiction principleThe rule that the court in which a case is first filed maintains the suit, to the exclusion of all other courts that would also have jurisdiction. |
dominate1. To master (someone or something); to control (someone or something). 2. Predominate. |
dominating patentSee fencing patent under PATENT (3). |
dominating patentSee fencing patent. |
dominatio(dom-a-nay-shee-oh), n. [Latin]. Lordship; rule. |
dominationThe effect that an earlier patent (usu. a basic one) has on a later patent (esp. one for improvements on the patented device) because the earlier patent's claims are so broad or generic that the later patent's invention will always read on the earlier patent's claims, resulting in infringement. Because the patent system is based on exclusion of others from an invention's subject matter, the earlier, basic patent's claims "dominate" the later-invented improvement. If the improvement is patented and worked, it infringes the basic patent. But the basic patent's owner cannot practice the improvement without infringing on the improvement's patent. This stand-off effect encourages improvement and basic-patentees to seek licenses or cross-licenses with each other. See BLOCKING PATENT. |
dominical(da-min-a-kaI), adj. Of or relating to a Sunday; of or relating to the Lord's day. |
dominican divorceSee Mexican divorce. |
dominican divorce-See Mexican divorce under DIVORCE. |
dominicum(da-min-a-kam), n. [Latin "domain"]. Domain; lordship. 2. Land ownership, esp. that retained by a lord for his own possession, as distinguished from the rights given to a tenant. 3. Eccles. law. A church or other religious building. |
dominicum antiquum(da-min-a-kam an-ti-kwam), n. [Law Latin]. Ancient domain. |
dominidde(da-min-a-sid), n. [fr. Latin dominus "master" + caedo "to kill"]. 1. The crime of killing one's master. 2. A person who kills his or her master. |
dominion1. Control; possession <dominion over the car>. 2. Sovereignty <dominion over the nation>. 3. FOREIGN DOMINION. |
dominium(da-min-ee-am), n. [fr. Latin dominus "lord"], 1. Roman & civil law. Absolute ownership including the right to possession and use; a right of control over property that the holder might retain or transfer at pleasure. Dominium was subject to any servitudes, planning restrictions, etc. This term gradually came to also mean merely ownership of property, as distinguished from the right to possession or use. "Dominium is the Roman term for the rights of an owner against all the world: and the contrast of dominium and obligatio is the nearest approach that can be made, in classical Roman language, to the distinction marked by the modern terms in rem and in personam." Frederick Pollock, A First Book of Jurisprudence 83 (1896). 'The one word dominium has to assume so many shades of meaning. The tenant qui tenet terram in dominio, is dominus rei and has dominium rei; but then he has above him one who is his dominus, and for the rights of this lord over him and over his land there is no other name than dominium." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 14 (2d ed.1899). |
dominium ex jure quiritium(da-min-ee-am eks joor-ee kwi-rish-ee-am). Roman law. Ownership exercised by Roman citizens in the most complete manner (pleno jure), the property being domestic (not foreign) and having been acquired according to all the forms oflaw. - Also termed dominium quiritarium; dominium legitimum. |
dominium directum(da-min-ee-am di-rek-tam), n. [Law Latin], 1. Civil law. Legal, not equitable, ownership. 2. Feudal law. The right of the superior of land over a tenant. |
dominium directum et utile(da-min-ee-am di-rek-tam et yoo-ta-lee), n. [Law Latin] Civil law. Complete ownership of property, including both title and exclusive use. |
dominium eminens(da-min-ee-am em-a-nenz), n. [Law Latin], Civil law. Eminent domain. See EMINENT DOMAIN. |
dominium legitimum(la-jit-i-mam). See dominium ex jure quiritium. |
dominium plenum(da-min-ee-am plee-nam), n. [Law Latin], Civil law. Full ownership combining dominium directum and dominium utile. - Also termed plenum dominium. |
dominium quiritarium(kwi-ra-tair-ee-am). See dominium ex jure quiritium. |
dominium utile(da-min-ee-am yoo-ta-lee), n. [Law Latin), Civil law. Equitable ownership; a beneficial right to use property; the right of a tenant to use the soil and its profits. "The special characteristic of Feudal land was that ownership in it was split into two kinds, the dominium directum of the superior (lord) and the dominium utile of the vassal. The feudists correctly insisted that this was not a form of joint ownership, not yet of ownership burdened with an easement or a 'usufruct,' but that two kinds of ownership were present, and that each of these persons, the lord and the vassal, was properly called 'owner' or dominus. The lord's dominium directum gave him a reversion in the case of forfeiture of failure of issue and the enjoyment of whatevef the naturalia and accidentalia were. The vassal's dominium utile gave him the immediate enjoyment of the land itself." Max Radin, Handbook ofAnglo-American Legal History 148 (1936). |
domino volente(dom-a-noh va-len-tee). [Law Latin "the owner being willing"] With the owner's consent. |
dominus(dom-a-nas), n. [Latin "lord"], 1. Roman law. An owner of a thing or inheritance. 2. Roman law. The title of the emperor in the later empire. 3. A lord; a feudal superior, as in dominus rex ("the lord of the king"), dominus capitalis ("a chieflord"), dominus medius ("an intermediate lord"), and dominus ligius ("a liege lord"). 4. Hist. Eccles. law. Lord; sir, This is a title of distinction usu. given to a knight, a clergyman, a lord of a manor, or another gentleman of quality. 5. Civil law. Someone who possesses something by right. PI. domini. |
dominus directus(dom-a-nas di-rek-tas). [Law Latin]. The immediate feudal superior. |
dominus litis(dom-a-nas li-tis), n. [Latin), 1. Civil law. The party who makes the decisions in a lawsuit, usu. as distinguished from the attorney. 2. Maritime law. A third person who represents an absent party in a case. Also termed litis dominium. |
dominus navis(dom-a-nas nay-vis), n. [Latin] Civil law. The absolute owner of a shipping vessel. |
dominus omnium bonorum(dom-a-nas ahm-nee-am ba-nor-am). [Law Latin] Hist. Proprietor ofall movable goods. The phrase formerly described a husband who owned goods in common with his wife. |