Law Dictionary
	Search:

drover's pass A free pass issued by a railroad company to the cattle's drover, who accompanies the cattle on the train.

drp abbr. DIVIDEND-REINVESTMENT PLAN.

drug 1. A substance intended for use in the diagnosis, cure, treatment, or prevention of disease. 2. A natural or synthetic substance that alters one's perception or consciousness. See CONTROLLED SUBSTANCE.

drug abuse The detrimental state produced by the repeated consumption of a narcotic or other potentially dangerousdrug, other than as prescribed by a doctor to treat an illness or other medical condition.

drug addict A person who is psychologically or physiologically dependent on a narcotic drug.

drug addict- See ADDICT.

drug cour See COURT.

drug court A court that hears cases against nonviolent adults and juveniles, who are often first-time offenders and who are usu. charged with possession of a controlled substance or with committing a minor drug-related crime. Drug courts focus on treatment rather than on incarceration. Cf. problemsolving court.

drug dependence The psychological or physiological need for a drug.

drug kingpin An organizer, leader, manager, financier, or supervisor of a drug conspiracy; a person who has great authority in running an illegal drug operation,

drug paraphernalia Criminal law. Any type of equipment, product, or material that is primarily designed or intended for the unlawful manufacture, processing, or hiding of a controlled substance, or for the introduction of a controlled substance into the human body, when possession of the substance is unlawful. 21 USCA § 863(d).

drug price competition and patent term restoration act of 1984 See HATCH-WAXMAN ACT.

drug trafficking See TRAFFICKING.

drug-assistance program 1. A governmental program to ensure access to necessary prescription medicines for needy people who are uninsured or underinsured or who otherwise lack health coverage. 2. Rehabilitative counseling, and monitoring, usu. in a nonresidential setting, for detecting and treating users of illegal drugs.

drug-free zone An area in which the possession or distribution of a controlled substance results in an increased penalty. Drug-free zones are often established, for example, around public schools.

druggist A person who mixes, compounds, dispenses, or otherwise deals in drugs and medicines, usu. either as a proprietor of a drugstore or as a pharmacist.

drug-recognition expert A person trained to identify various types of drugs and alcohol, to understand the effects that drugs and alcohol have on people, and to recognize the signs and symptoms of drug and alcohol intoxication. - Abbr. DRE.

drummer 1. A commercial agent who travels around taking orders for goods to be shipped from wholesale merchants to retail dealers; a traveling sales representative. 2. A traveling salesperson.

drummer floater policy A policy that covered the goods carried by a commercial salesperson while traveling.

drummer floater policy See INSURANCE POLlCY.

drungarius (drang-gair-ee-as), n. [Law Latin]. 1. A commander of a band of soldiers. 2. A naval commander.

drungus (drang-gas), n. [Law Latin] Hist. A band of soldiers.

drunk adj. Intoxicated; (of a person) under the influence of intoxicating liquor to such a degree that the normal capacity for rational thought and conduct is impaired. drunk, n.

drunk driving See DRIVING WHILE INTOXICATED.

drunkard 1. A person who consumes intoxicating substances frequently and exceSSively; esp., one who is habitually or often intoxicated. 2. An alcoholic. This term may also be used to refer to a drug addict. Also termed habitual drunkard.

drunkenness 1. A state ofintoxication; inebriation; the condition resulting from a person's ingestion of excessive amounts of intoxicating liquors sufficient to affect the person's normal capacity for rational thought and conduct. 2. A habitual state of intoxication.

drunkometer (drang-kom-a-tar). See BREATHALYZER.

dry- adj. (bef. 12c) 1. Free from moisture; desiccated <dry land>. 2. Unfruitful; destitute of profitable interest; nominal <a dry trust>. 3. (Of a jurisdiction) prohibiting the sale or use of alcoholic beverages <a dry county>.

dry check See bad check.

dry check- See bad check under CHECK.

dry exchange Something that pretends to pass on both sides of a transaction, but passes on only one side. "Dry exchange, seems to be a subtil term invented to disguise usury, in which something is pretended to pass on both sides, whereas in truth nothing passes on the one side." Termes de la Ley 185 (1 st Am. ed. 1812), "DRY EXCHANGE ....A euphemism applied to the 'coverture' or 'colouring' of the stringent statutes passed during the Tudor period against usury .... Usury, which was condemned by religion and law alike during the middle ages, was from the middle of the 16th century no longer to be confounded with the legitimate employment of capital; but the sentiment which inspired the above enactments was that of governing classes associated with the landed interest." 1 R.H. Inglis Palgrave, Palgrave's Dictionary of Political Economy 643 (Henry Higgs ed., 2d ed. 1925).

dry hole Oil & gas. An oil or gas well that is incapable of producing enough minerals to justify the cost of completing it and putting it into production.

dry mortgage See MORTGAGE.

dry presumption A presumption that has no probative value unless the party with the burden of proof presents evidence to support the presumption.

dry presumption See PRESUMPTION.

dry receivership A receivership in which there is no equity available to pay general creditors.

dry receivership See RECEIVERSHIP.

dry rent 1. Rent reserved without a distress clause allOWing the rent to be collected by distress; rent that can be collected only by an ordinary legal action. Formerly also termed rent seck. 2. See rent seck under RENT (2).

dry rent See RENT (1).

dry trust See TRUST.

dry-hole agreement Oil & gas. A support agreement in which 'the contributing party agrees to make a cash contribution to the drilling party in exchange for geological or drilling information if the well drilled is unproductive. See SUPPORT AGREEMENT.

dry-hole clause Oil & gas. A provision in an oil-andgas lease specifying what a lessee must do to maintain the lease for the remainder of the primary term after drilling an unproductive well. A dry-hole clause is intended to make clear that the lessee may maintain the lease by paying delay rentals for the remainder of the primary term.

DS abbr. BUREAU OF DIPLOMATIC SECURITY.

DSCA abbr. DEFENSE SECURITY COOPERATION AGENCY.

DSS abbr. 1. DEPARTMENT OF SOCIAL SERVICES. 2. DEFENSE SECURITY SERVICE.

DTC abbr. DEPOSITORY TRUST CORPORATION.

DTRA abbr. DEFENSE THREAT REDUCTION AGENCY.

dual agent 1.See co-agent. 2. An agent who represents both parties in a single transaction, esp. a buyer and a seller. Also termed (in sense 2) double agent.

dual agent- See AGENT (2).

dual citizenship See DUAL CITIZENSHIP.

dual citizenship- 1. A person's status as a citizen of two countries, as when the person is born in the United States to parents who are citizens of another country, or one country still recognizes a person as a citizen even though that person has acquired citizenship in another country. 2. The status of a person who is a citizen of both the United States and the person's country of residence.

dual contract A contract between parties who have made two contracts far the same transaction, sometimes so that one may be used to defraud a person or entity (such as a lender) as to the terms of the parties' actual agreement.

dual contract- See CONTRACT.

dual distributor A firm that sells goods simultaneously to buyers on two different levels of the distribution chain; esp., a manufacturer that sells directly to both wholesalers and retailers.

dual distributorship A business structure in which one party operates a branch or dealership on the same market level as one or more of its customers.

dual distributorship- See DISTRIBUTORSHIP.

dual employment See MOONLIGHTING.

dual fund See MUTUAL FUND.

dual inheritance See INHERITANCE.

dual inheritance An adopted childs intestate inheritance through both his adopted family and his natural parent. The problem of dual inheritance occurs only if a relative of the birth parent adopts the child. For instance, if a childs mother dies and the maternal grandparents adopt the grandchild, and if a grandparent then dies intestate, the child qualifies for two separate shares one as a child and the other as a grandchild. In some jurisdictions, by statute, such a child is allowed to inherit only the adopted childs share. Under the Uniform Probate Code, the child takes the larger of the two shares.

dual listing See LISTING (2).

dual-capacity doctrine The principle that makes an employer - who is normally shielded from tort liability by workers'-compensation laws -liable in tort to an employee if the employer and employee stand in a secondary relationship that confers independent obligations on the employer. - Also termed dual-persona doctrine. Cf. DUAL-PURPOSE DOCTRINE.

dual-criminality principle The rule prohibiting the international extradition of a fugitive unless the offense involves conduct that is criminal in both countries.

duality of art Copyright. The twofold nature of applied art as both functional and aesthetic. The United States takes a duality-of-art approach to copyright, protecting applied art only when the item could stand alone as an identifiable work of art even if it did not perform the function it was designed to do. Also termed noncu mulative approach. Cf. UNITY OF ART.

dual-persona doctrine (d[y]oo-aI par-soh-na). See DUAL-CAPACITY DOCTRINE.

dual-priorities rule The principle that partnership creditors have priority for partnership assets and that individual creditors have priority for a partner's personal assets. This rule has been abandoned by the bankruptcy laws and the Revised Uniform Partnership Act. The bankruptcy code now allows partnership creditors access to all assets of bankrupt partners, not just those remaining after payment to individual creditors. Also termed jingle rule.

dual-prosecution rule The principle that the federal government and a state government may both prosecute a defendant for the same offense because both governments are separate and distinct entities. See DUAL-SOVEREIGNTY DOCTRINE.

dual-purpose doctrine The principle that an employer is liable for an employee's injury that occurs during a business trip even though the trip also serves a personal purpose. Cf. DUAL-CAPACITY DOCTRINE.

dual-purpose fund See dual fund under MUTUAL FUND.

dual-residential parent A parent who shares primary residential responsibility for a child with the other parent when each provides a residence that is substantially a primary residence. In many jurisdictions, dual residence is referred to as joint physical custody. See RESIDENTIAL RESPONSIBILITY; CUSTODY (2). Cf. residential parent.

dual-residential parent See PARENT.

dual-shop operation See DOUBLE-BREASTING.

dual-sovereignty doctrine The rule that the federal and state governments may both prosecute a person for a crime without violating the constitutional protection against double jeopardy, if the person's act violated both jurisdictions' laws. See duarchy 574 DUAL-PROSECUTION RULE.

duarchy- (d[y]oo-ahr-kee), n. [fr. Greek duo "two" + archia "rule"]. See DIARCHY.

dubii juris (d[y]oo-bee-i joor-is). [Latin] Hist. Of doubtful law. The phrase appeared in reference to an unsettled legal point.

dubitante (d[y]oo-bi-tan-tee). [Latin] Doubting. This term was usu. placed in a law report next to a judge's name, indicating that the judge doubted a legal point but was unwilling to state that it was wrong. - Also termed dubitans. "[E]xpressing the epitome of the common law spirit, there is the opinion entered dubitante -- the judge is unhappy about some aspect of the decision rendered, but cannot quite bring himselfto record an open dissent." Lon L. Fuller, Anatomvofthe Law147 (1968).

dubitatur (d[y]oo-bi-tay-tar). [Latin], It is doubted. This phrase indicates that a point oflaw is doubtful. Also termed dubitavit.

ducat (dak-it). A gold coin used as currency, primarily in Europe and first appearing in Venice in the early BOOs, with the motto sit Ubi,Christe, dato, quem tu regis, iste Ducatus ("let this duchy which thou rulest be dedicated to thee, 0 Christ"). It survived into the 20th century in several countries, including Austria and the Netherlands.

ducatus (d[y]a-kay-tas), n. [Law Latin], A duchy; a dukedom.

duces tecum (d[y]oo-sas tee-kam also tay-kam). [Latin], Bring with you. See subpoena duces tecum under SUBPOENA.

duces tecum licet languidus (d[y]oo-sas tee-kam li-set lang-gwd-das), n. [Law Latin "bring with you, although sick"] Hist. A habeas corpus writ ordering a sheriff to bring someone into court despite a return by the sheriff noting that the person was too ill to come.

duchy court of lancaster (dach-ee kort av lang-ka-star). Hist. English law. A court with special equity jurisdiction, similar to the equity courts of chancery, in which the Duchy of Lancaster's chancellor or deputy presides over issues primarily relating to land held by the Crown in right of the Duchy.

duchy of lancaster (dach-ee iv lang-ka-star). Land, in the county of Lancaster, the Savoy in London, and around Westminster, that originally belonged to the Duke of Lancaster and later belonged to the Crown in right of the Duchy.

ducking stool See CASTIGATORY.

due adj. 1. Just, proper, regular, and reasonable <due care> <due notice>. 2. Immediately enforceable <payment is due on delivery>. 3. Owing or payable; constituting a debt <the tax refund is due from the IRS>.

due care See reasonable care.

due care- See reasonable care under CARE.

due compensation See just compensation under COMPENSATION.

due consideration See sufficient consideration.

due consideration- 1. The degree of attention properly paid to something, as the circumstances merit. 2. See sufficient consideration under CONSIDERATION (1).

due course of law See DUE PROCESS.

due course, payment in See PAYMENT IN DUE COURSE.

due day See BOON DAY.

due deference The appropriate degree of respect with which a reviewing authority must consider the decision of a primary decision-maker.

due diligence 1. The diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. Also termed reasonable diligence; common diligence. 2. Corporations & securities. A prospective buyer's or broker's investigation and analysis of a target company, a piece of property, or a newly issued security. A failure to exercise due diligence may sometimes result in liability, as when a broker recommends a security without first investigating it adequately.

due diligence- See DILIGENCE.

due influence The sway that one person has over another, esp. as a result of temperate persuasion, argument, or appeal to the person's affections. Cf. UNDUE INFLUENCE.

due negotiation See NEGOTIATION.

due notice See NOTICE.

due posting 1. The stamping and placing of letters or packages in the U.S. mail. 2. The proper entry of an item into a ledger. 3. Proper publication; proper placement of an item (such as an announcement) in a particular place, as on a particular wall.