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draconian (dray- or dra-koh-nee-in), adj. (Of a law) harsh; severe. This term derives from Draco, the name of the ancient Athenian lawgiver. - Also termed draconic.

draff (draf). Refuse; dregs; sweepings of dust and dirt. In weighing commodities, it is excluded from the waste allowance for goods sold by weight.

draft 1. An unconditional written order Signed by one person (the drawer) directing another person (the drawee or payor) to pay a certain sum of money on demand or at a definite time to a third person (the payee) or to bearer. A check is the most common example of a draft. Also termed bill of exchange; letter of exchange. Cf. NOTE (1).

draft- 1. To write or compose <to draft a contract>. 2. To recruit or select (someone) <to draft someone to run for political office> <to draft someone into the armed services>.

draft board A civilian board that registers and selects persons for mandatory military service. See SELECTIVE SERVICE SYSTEM.

drafter A person who draws or frames a legal document, such as a will, contract, or legislative bill. Also termed draftsman.

drafting The practice, technique, or skill involved in preparing legal documents - such as statutes, rules, regulations, contracts, and wills - that set forth the rights, duties, liabilities, and entitlements of persons and legal entities. - Also termed legal drafting.

draftsman See DRAFTER.

dragnet arrest A sweeping arrest of people suspected of possible involvement in criminal activity or a civil disturbance. This type of arrest is illegal because it is based not on probable cause but on unsupported suspicion or belief. Also termed round-up; wholesale arrest.

dragnet arrest- See ARREST.

dragnet clause 1. See MOTHER HUBBARD CLAUSE (1). 2. See CROSS-COLLATERAL CLAUSE.

dragnet lien See LIEN.

drago doctrine The principle asserted by Luis Drago, Minister of Foreign Affairs of the Argentine Republic, in a December 29, 1902 letter to the Argentine Minister in Washington, in which Drago, responding to the forcible coercion of Venezuela's unpaid loans by Great Britain and others, argued that no public debt should be collected from a sovereign state by force or through the occupation of American territory by a foreign power. The subject was presented at the Hague Conference of 1907, when a modified version of the Drago doctrine was adopted.

drain 1. The act of drawing a liquid off gradually; the act of emptying. 2. The act of gradually exhausting. 3. A conduit for draining liquid, as a ditch or a pipe.

drain- 1. To draw (a liquid) off gradually <the farmer drained water from the property>. 2. To exhaust gradually <the facility has drained the area's natural resources>. 3. To empty gradually <the water drained>.

drainage district A political subdivision authorized to levy assessments for making drainage improvements within its area. "In the United States there are numerous special districts that administer drainage projects. They are typically formed under state law after a local election or petition showing consent of a majority of affected landowners. The projects are usualiy publicly financed, and assessments are made against all property benefited, whether or not ali individual landowners have consented. Such projects can increase the agricultural capacity of drained lands and provide 'new' land for buildings and other improve· ments .... special statutes governing drainage districts generally exempt them from restraints .... But if private property rights are taken or if others are damaged, com· pensation must be paid." David H. Getches, Water Law in a Nutshell 301 (3d ed. 1997).

drainage rights The interest that a property owner has in the natural drainage and flow of water on the land.

dram (dram). 1. An apothecary measurement of fluid equal to an eighth of an ounce. 2. A small amount of anything, esp. liquor.

dram shop Archaic. A place where alcoholic beverages are sold; a bar or saloon. - Also spelled dram-shop; dramshop. - Also termed grog-shop; drinking shop.

drama 1. A presentation of a story portrayed by words and actions or actions alone; a play. Cf. DRAMATIC COMPOSITION. ''The term [drama] is applied to compositions which imitate action by representing the personages introduced in them as real and as employed in the action itself. The varieties of the drama differ more or less widely, both as to the objects imitated and as to the means used in the imitation. But they ali agree as to the method or manner which is essential to the dramatic art, viz., imitation in the way of action." 7 Encyclopaedia Britannica 338 (9th ed. 1907). 2. An event or series of events having conflicting and exciting elements that capture people's attention.

drama-pricing A seller's tactic of dramatically dropping the price of something, esp. real estate, to attract a buyer. - Also termed trauma-pricing.

dramatic composition A literary work setting forth a story, incident, or scene intended to be performed by actors, often with a musical accompaniment. Cf. DRAMA (1).

dramatic work See WORK (2).

dram-shop act A statute allowing a plaintiff to recover damages from a commercial seller of alcoholic beverages for the plaintiff's injuries caused by a customer's intoxication. - Also termed civil-liability act; civil-damage law. "Largely at the behest of the temperance movement, statutes (called 'dram shop acts') were enacted in many states which imposed some form of civil liability on those engaged in the business of selling such beverages in favor of third persons injured thereby .... At one time, almost halfthe states had such laws; today, that number seems to be declining. , . , A growing minority of states have over· thrown the common law rule and have created a common law dram shop action. In most of these jurisdictions, lia· bility is predicated on statutes which regulate the liquor business and prohibit certain sales by liquor licensees (to minors, intoxicated persons, etc.) thus, where the sale is unlawful, it is negligence per se .. , ." Edward J. Kionka, Torts in a Nutshell 293-94 (2d ed, 1992).

dram-shop liability Civil liability of a commercial seller of alcoholic beverages for personal injury caused by an intoxicated customer. Claims based on a similar type of liability have been brought against private citizens for personal injury caused by an intoxicated social guest.

draw 1. To create and sign (a draft) <draw a check to purchase goods>. 2. To prepare or frame (a legal document) <draw up a will>. 3. To take out (money) from a bank, treasury, or depository <she drew $6,000 from her account>. 4. To select (a jury) <the lawyers began voir dire and had soon drawn a jury>.

drawback A government allowance or refund on import duties when the importer reexports imported products rather than selling them domestically. 19 USCA § 1313.

drawee (draw-ee). The person or entity that a draft is directed to and that is requested to pay the amount stated on it. The drawee is usu. a bank that is directed to pay a sum of money on an instrument. Also termed payor.

drawee bank See payor bank.

drawee bank- See payor bank under BANK.

drawer One who directs a person or entity, usu. a bank, to pay a sum of money stated in an instrument for example, a person who writes a check; the maker of a note or draft. See MAKER.

drawing 1. Patents. A specially prepared figure included with a patent application to explain and describe the invention. A drawing is required when necessary to understand the invention. 35 USCA § 113. 2. Trademarks. A graphic or textual depiction of a trademark, filed as part of an application for the mark to be placed on the primary register. The drawing serves as the element that is published in the Official Gazette. It must include the applicant's name and address, the type of goods or services it will identify, and the date of first use or a statement of intent to use it in commerce.

drawing account A temporary owner's equity account used by a sole proprietorship or a partnership to record an owner's or partner's withdrawals of cash or other assets from the business for personal use.

drawing account- See ACCOUNT.

drawing lots An act of selection or decision-making based on pure chance, with the result depending on the particular lot drawn. Jurors are usu. instructed by the court not to base their verdict on drawing lots or similar methods of chance.

drawlatch A thief; a robber who waits until homes are empty, then draws the homes' door latches to steal what is inside.

drayage A charge for transporting property.

dre abbr. DRUG-RECOGNITION EXPERT.

dread-disease insurance Health insurance that covers medical expenses arising from the treatment of any of several specified diseases.

dread-disease insurance See INSURANCE.

dreit dreit See DROIT-DROIT.

drift of the forest A periodic examination of forest cattle by officers who drive them to an enclosed place to determine their ownership or common status. "Drift of the forest is nothing else but an exact view or examination taken once, twice, or oftener in a year as occasion shall require, what beasts there are in the forest, to the end that the common in the forest be not over charged, that the beasts of foreigners that have no common there be not permitted, and that beasts not commonable may be put out." Termes de fa Ley 185-87 (1st Am. ed. 1812).

drift-stuff Any material floating at random in water without a discoverable source. Drift -stuff is usu. the property of the riparian owner.

drilling contract Oil & gas. A well-drilling agreement between a drilling contractor, who owns drilling rigs and associated equipment, and the owner or lessor of the mineral rights. The contract spells out the rights and duties of the parties. In general, the more control the interest-owner retains over the contractor, the more liability the owner is exposed to for damages the drilling causes. See DAY WORK DRILLING CONTRACT; FOOTAGE DRILUNG CONTRACT.

drilling-delay rental clause Oil & gas. A provision in an oil-and-gas lease giving the lessee the right to maintain the lease from period to period during the primary term by paying delay rentals instead of starting dri ations. Lessees use drilling-delay rental dau se courts have said that they obviate any implied covenant to drill a test well on the premises. Ihey are accepted by lessors because they provide for periodic income from the lease. See "or" lease, "unless" lease under LEASE. "The purpose of the lease drilling-delay rental clause is to ensure that the lessee has no obligation to drill during the primary term by negating any implied obligation to test the premises. Before drilling-delay rental clauses became common in oil and gas leases, many courts held that lessees had an implied duty to drill a test well on the leased premises within a reasonable time after grant of the lease. The rationale for the implied covenant was that the major consideration for the grant of the lease by the lessor was the expectation that the property would be tested within a reasonable time. The courts' determination of what was a reasonable time ranged from a few months to several years, depending upon the circumstances. Lessees found that they could not rely upon a long stated term alone to preserve their rights." John S. Lowe, Oil and Cas Law in a Nutshell 195-96 (3d ed. 1995).

drinking age The age at which it is legal to purchase and consume alcoholic beverages in a given jurisdiction.

drinking age- See AGE.

drinking shop See DRAM SHOP.

drip abbr. DIVIDEND-REINVESTMENT PLAN.

drip rights A servitude allowing water dripping off a person's roof to fall on a neighbor's land.

driver 1. A person who steers and propels a vehicle. 2. A person who herds animals; a drover.

driver's license The state-issued certificate authorizing a person to operate a motor vehicle. It is also often used as a form of identification.

driving The act of directing the course of something, such as an automobile or a herd of animals.

driving under the influence The offense of operating a motor vehicle in a physically or mentally impaired condition, esp. after consuming alcohol or drugs. Generally, this is a lesser offense than driving while intoxicated. But in a few jurisdictions the two are synonymous. - Abbr. DUr. Also termed driving while ability-impaired (DWAI); driving under the influence ofliquor (DUlL); driving while intoxicated (DWI); operating under the influence (OUI); operating while intoxicated (OWI); operating a motor vehicle while intoxicated (OMVI); operating a motor vehicle under Ole influence (OMVUI). Cf. DRIVING WHILE INTOXICATED.

driving while ability-impaired See DRIVING UNDER THE INFLUENCE.

driving while intoxicated 1. The offense of operating a motor vehicle in a phYSically or mentally impaired condition after consuming enough alcohol to raise one's blood alcohol content above the statutory limit (.08% in many states), or after consuming drugs. Penalties vary widely; for example, the maximum penalty in Missouri and Louisiana is a $500 fine and six months in jail, while the penalties in New York range from $500 to $5,000 in fines and up to four years in jail. 2. DRIVING UNDER THE INFLUENCE. - Abbr. DWI. Also termed drunk driving. Cf. DRIVING UNDER THE INFLUENCE.

drl abbr. BUREAU OF DEMOCRACY, HUMAK RIGHTS, AND LABOR.

drm See direct-reduction mortgage under MORTGAGE.

drof land (drohf-Iand). A socage tenure that required the holder to drive the landlord's cattle to fairs and markets.

droit (drwah or droyt). [French "right"], 1. A legal right or claim. 2. The whole body of law.

droit common (drayt kom-an), n. [Law French] The common law. Also termed droit coutumier. See COMMON LAW (2).

droit coutumier See DROIT COMMON.

droit d'accession (drwah dak-ses-syawn), n. [French "right of accession"] Civil law. The right of the owner of a thing to whatever is produced by it or is united with it, either naturally or artificially. La. Civ. Code arts. 483, 490, 507. The equivalent of the Roman specificatio, the right includes, for example, the right of a landowner to new land depOSited on a riverbank and the right of an orchard owner to the fruit of the trees in the orchard. See ACCESSION (4). "DROIT D'ACCESSION . o The civil law rule is that if the thing can be reduced to the former matter it belongs to the owner of the matter, e.g. a statue made of gold; but if it cannot so be reduced it belongs to the person who made it, e.g. a statue made of marble." 1 John Bouvier, Bouvier's Law Dictionary 941 (8th ed. 1914).

droit d'accroissement (drwah da-krwas-mawn), n. [French], French law. A right of survivorship by which an heir's interest is combined with the interest of a coheir who either has refused or is unable to accept the interest.

droit d'aubaine (drwah doh-ben), n. [Law French "right of alienage"]. With certain exceptions, a sovereign's right to a deceased alien's property, regardless of whether the alien had a will. This right was primarilv exercised in France where it was revived in some form by Napoleon after its initial abolishment in 1790. It was ultimately abolished in 1819. - Also spelled droit d'aubaigne; droit d'aubenage. Also termed jus albanagii;jus albinatus. "Under the French rule of law, known as the droit d'aubaine ... the whole property of an alien dying in France without leaving children born in that country escheated to the crown. The royal right was not universally exacted, and at a very early period special exceptions were introduced in favour of certain classes. Thus Louis XI exempted merchants of Brabant, Flanders, Holland, and Zealand from the operation of the law, and a similar privilege was extended by Henri II to merchants of the Hanse towns, and from Scotland." 1 R.H. Inglis Palgrave, Palgrave's Dictionary of Political Economy 68 (Henry Higgs ed., 2d ed. 1925). "In France by the fourteenth century it was accepted that a stranger might acquire and possess but not inherit or transmit by will or on intestacy. In 1386 the French king assumed the seigneurial droit d'aubaine or right to inherit. In treaties in the seventeenth and eighteenth centuries the right was frequently renounced. Louis XVI in 1787 abol· ished the right as against subjects of Great Britain without reciprocity. The constituent Assembly abolished the right in 1790 and it was commonly abolished elsewhere in the early nineteenth century." David M. Walker, The Oxford Companion to Law 378 (1980).

droit d'auteur (drwah doh-tar), n. [French "author's right"], The copyright system used in France and other civil-law nations and differing from common-law copyright by giving more protection to an author's moral right. See AUTHOR'S RIGHT.

droit de bris (drwah da bree), n. [Law French "right of a wreck"], A right claimed by lords of the coasts of France to fragments ofshipwrecks, including persons or property that had washed ashore. e1he right was exer cised primarily in Bretagne but was abrogated by Henry III as duke of Normandy, Aquitaine, and Guienne, in a charter granted in A.D. 1226. - Also termed droit de bris sur Ie naufrages. Cf. DROIT DE NAUFRAGE.

droit de detraction (drwab da day-trak-syawn), n. [French "the right of withdrawal"], A tax on property acquired by succession or by will and then removed to another state or country.

droit de garde (drwah da gahrd), n. [French "right of ward"]. French law. A king's right to wardship of a noble vassal who has not reached majority.

droit de gite (drwah da zheet), n. [French "right of lodging"]. French law. A duty of a commoner holding land in the royal domain to provide lodging and food to a royal party traveling on royal business.

droit de greffe (drwah da gref), n. [French "a right concerning the clerk's office"]. French law. The Crown's privilege to sell offices connected with the custody of judicial records or official acts.

droit de maitrise (drwah da may-treez), n. [French "a right of mastership"]. French law. A required payment to the Crown by an apprentice who has become a master worker.

droit de naufrage (drwah da noh-frazh), n. [French]. French law. The right of a sovereign or a lord owning a seashore to seize the wreckage of a shipwreck and kill the crew or sell them as slaves. Cf. DROIT DE BRIS.

droit de prise (drwah da preez), n. [French "a right of prize"]. French law. A commoner's duty to supply articles on credit to the royal household for domestic consumption.

droit de quint (drwah da kant), n. [French "the right of a fifth"]. French law. A required payment made by a noble vassal to the king each time ownership of the vassal's fief changed.

droit de suite (drwah da sweet), n. [French "right to follow"], 1. A creditor's right to recover a debtor's property after it passes to a third party. 2. Copyright. An artist's resale royalty; the right of a work's creator to benefit from appreciation in the value of the work by receiving a portion of the profit from its later resales. A droit de suite is recognized in some European nations. 'The droit de suite (literally translated as the right to follow the work) enables artists to claim a portion of the price for which a work is resold. The idea is that an artist may sell a painting for a low price at a time when they are unknown and have little bargaining power. In due course, as the artist's reputation develops, the painting may be resold for continually increasing sums .... The right is seen to be justified not only because it encourages creation, but also because the artist is conceived (through the authorial link) as being responsible for the increase in value (economic success of their works)." Lionel Bently & Brad Sherman, Intellectual Property Law 281 (200l).

droit d'execution (drwah dek-say-kyoo-syawn), n. [French "right of execution"], French law. 1. A stockbroker's right to sell the stock bought for a client who later refuses it. 2. A stockbroker's right to sell depOSited securities to secure the broker against a loss in buying for a client.

droit du seigneur (drwah da sen-yuur). [French "right of the lord"]. 1. A supposed customary right of a feudal lord to have sexual intercourse with a tenant's bride on her wedding night. 2. A supposed custom requiring sexual abstinence by a couple on their wedding night. Also spelled droit de seigneur. Also termed jus primae noctis.

droit ecrit (drwaht ay-kree), n. [French "the written law"], French law. The civil law; the corpus juris civilis.

droit international (drwaht an-tair-nah-syoh-nahl), n. [French] International law.

droit maritime (drwah ma-ree-teem). [French], Maritime law.

droit moral (drwah maw-ral). [French] The doctrine of moral right, which entitles artists to prevent others from altering their works. The basic rights protected by this doctrine are (1) the right to create, (2) the right to disclose or publish, (3) the right to withdraw from publication, (4) the right to be identified with the work, and (5) the right to ensure the integrity of the work, including the right to object to any mutilation or distortion of the work. These rights are sometimes called moral rights. See MORAL RIGHT.

droit naturel (drwah na-tuu-rel), n. [French], Natural law.

droit voisins (drwah vwah-san), n. [French], NEIGHBORING RIGHT.

droit-close (droyt klohz), n. [Law French]. A writ against a lord on behalf of a tenant in ancient demesne holding land by charter in fee simple, in fee-tail, for life, or in dower.

droit-droit (drwah-drwah), n. [Law French "double right"]. The unification of the right of possession with the right of property. Also termed jus duplicatum; dreit dreit. "A complete title to lands, tenements, and hereditaments, For it is an ancient maxim of the law, that no title is completely good, unless the right of possession be joined with the right of property; which right is then denominated a double right, jus duplicatum, or droit droit. And when to this double right the actual possession is also united ... then, and then only, is the title completely legal." 2 William Blackstone, Commentaries on the Laws of Eng/and 199 (l766).

droits civils (drwah see-veel), n. [French], French law. Private rights not connected to a person's civil status. Foreigners had certain rights that could be enforced when there was reciprocity with the foreigner's home country.

droits of admiralty The Lord High Admiral's rights in connection with the sea, such as the right to recover proceeds from shipwrecks, enemy goods confiscated at the beginning of hostilities, jetsam, flotsam, treasure, deodand, fines, forfeitures, sturgeons, whales, and other large fishes. The droit proceeds are paid to the Exchequer's office for the public's use. See PRIZE (2). ''The crown had originally certain rights to property found upon the sea, or stranded upon the shore. The chief kinds of property to which the crown was thus entitled were, great fish (such as whales or porpoises), deodands, wreck of the sea, flotsam, jetsam, and lagan, ships or goods of the enemy found in English ports or captured by uncommissioned vessels, and goods taken or retaken from pirates .... After the rise of the court of Admiralty the Lord High Admiral became entitled to these droits by royal grant .... The right to droits carried with it a certain jurisdiction. Inquisitions were held into these droits at the ports, or the Vice·Admirals or droit gatherers reported them to the Admiral. The large terms of the Admi· ral's Patents incited them, or their grantees, to frequent litigation with private persons or other grantees of the crown .... The Admiralty droits ... are now transferred to the consolidated fund." 1 William Holdsworth, A History of English Law 559-61 (7th ed. 1956).

droitural (droy-cha-ral), adj. [fr. Old French droiture "right"], Of or relating to an interest in property, as distinguished from actual possession.

dromones (dra-moh-neez), n. pI. Hist. 1. Large ships. 2. War vessels of recognized navies, usu. prepared for hostilities. - Also termed dramas; dromunda.

droop quota In some proportional-representation elections, the minimum number of votes needed to win a legislative seat. The quota is determined by a formula based on the reciprocal of the number of representatives plus one - or 1/(n + 1), where "n" is the number of representatives being elected. The term is named for the developer of the election format, Henry Richmond Droop (1831-1884).

drop A rule nisi that is not adopted because the members of a court are equally divided on the issue. The rule is dropped rather than discharged or made absolute.

drop letter A letter addressed to someone in the delivery area of the post office where the letter was posted.

drop shipper A wholesaler who arranges to have goods shipped directly from a manufacturer to a consumer. See DROP-SHIPMENT DELIVERY.

drop-dead date The date by which performance is required as a condition. Cf. TIME-IS-OF-THE-ESSENCE CLAUSE.

drop-dead provision Contracts. A clause in an agreement or order allowing a party to take action without notice if the other party fails to perform certain acts.

drop-down clause Insurance. An insurance-policy provision requiring an excess insurer to provide coverage to the insured even though the underlying coverage has not been exhausted, usu. because the underlying insurers are insolvent.

drop-shipment delivery A manufacturer's shipment of goods directly to the consumer rather than initially to a wholesaler. If the wholesaler takes the order, it may receive part of the profit from the sale.

dropsy testimony See TESTIMONY.

drove 1. A group of animals driven in a herd. 2. A large group of people in motion.