Law Dictionary

A guardian's writ to secure the person or land of his ward.

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman or stranger who had himself deprived the tenant of the occupation of the land dur

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman, or stranger who had himself deprived the tenant of the occupation of the land du

To decide; to judge; to sentence. such crimes, and not a semblance of it, nor a mere fanciful approximation to or designation of the offence. Com. v. Pratt, 132 Mass. 247. When a t

The term “deemed-owned shares” means, with respect to any person— (I) the stock in the S corporation constituting employer securities of an employee stock ownership plan which is a

A Manx judge.

Judges in the Isle of Man, who decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two in numbe

The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this t

As used in this subsection, the term "deep injection well" means a well used for the underground injection of hazardous waste other than a well to which section 6979a(a)

For purposes of subparagraph (B), the term “deep-in-the-money option” means an option having a strike price lower than the lowest qualified bench mark.

“deep seabed” means the seabed, and the subsoil thereof to a depth of ten meters, lying seaward of and outside— (A) the Continental Shelf of any nation; and (B) any area of nationa

The term “deep space” means the region of space beyond cis-lunar space.

the term “Deepwater Horizon oil spill” means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydroca

The term “deepwater port”— (A) means any fixed or floating manmade structure other than a vessel, or any group of such structures, that are located beyond State seaward boundaries

A park or fold for deer.

A deer park.

Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11.

the term "de-escalation" means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and red

A writ of exchange of money. An ancient writ to authorize a merchant to make a bili of exchange, (literas cambitorias facere.) Reg. Orig. 194.

A writ of exchange of money. An ancient writ to authorize a merchant to make a bill of exchange literas cambitorias faeere, Reg. Orig. 194.

A writ of escheat which lay for the lord to recover the land where the tenant died without an heir. Reg. Orig. 194.

Writ of escheat. A writ which a lord had, where his tenant died without heir, to recover the land. Reg. Orig. 164b; Fitzh. Nat. Brev. 148, 144, E.

Of be- DE ESSENDO QUIETUM DE THEOlonio (or tolonio) (Law Lat.) Writ ot being quit of toll. A writ which lay for citizens and burgesses of any city or borough, and other persons, wh

A writ to secure an exemption from toll.

A writ which lay for those who were by privllege free from the payment of toll, on their being molested therein. Fitzh. Nat Brev. 226; Reg. Orig. 258b.

Of being on ajourney. A species of essoin. 1 Reeve, Eng. Law, 119. DE ESSENDO QUIETUM DE TO-

Writ of essoin of malum lecti. A writ which issued upon an essoin of malum lecti being cast, to examine whether the party was in fact sick or not. Reg. Orig. 8 b. See "De Malo Lect

Writ for having estovers. A writ which lay for a wife divorced a mensa et thoro, to recover her alimony or estovers. 1 Bl. Comin. 441; 1 Lev. 6.

A writ to recover alimony or estovers.

A writ to restrain waste pendente lite.

Of and upon the premises.

L. Fr. Of water and whip of three cords. A term applied to a neife, that is, a bond woman or female villein, as employed in servile work, and subject to corporal punishment. Co. Li

A law French phrase, equivalent to the Latin de avo et de tritavo, descriptive of the ancestral rights of lords in their villeins. Literally, “from grundfather and from great-grand

From grandfather and remote ancestors.

A writ to arrest an excommunicated person.

A writ to deliver one who had been excommunicated.

A writ for the recaption of one who had been excommunicated.

Concerning excuses. This is the title of book 27 of the Pandects, (in the Corpus Juris Civilis.) It treats of the circumstances which excuse one from filling the office of tutor or

Writ for making execution in withernam. Reg. Orig. 82b. A species of capias in withernam.

A writ of execution in withernam.

A writ ordering execution of a judgment.

Writ of exemplification. A writ granted for the exemplification of an original. Reg. Orig. 290b.

A writ for the exemplification of an original document.

From the profits of the land.

Writ for exoneration of suit. A writ that lay for the king's ward to be discharged of all suit to the county court, hundred, leet, or court-baron, during the time of his wardship.

A writ to free the king's ward from suit in any court lower than the court of common pleas during the time of such wardship. DE EXPENSiS CIVIUM ET BURGENsium. An obsolete writ addr

A writ for the levy of the expenses of citizens and burgesses of parliament.

Writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire ia parliament. Reg. Orig. 191b, 192.

To mar or disfigure. It has been held that to write on a license anything, whether true or false, other than the particulars required, defaces it; 15 L. J. C. P. 18; [1S95] 1 Q. B.

Actually; in fact; In deed. A term used to denote a thing actually done. An officer de facto is one who performs the duties of an office with apparent right, and under claim and co

One which has purported to pass the property from the owner to another. Bank v. Logan, 74 N. Y. 575; Edmunds v. Transp. Co., 135 Mass. 283.

One purporting to pass title. See 74 N. Y. 568.

See Corporation de facto .

One established, organized, and exercising its judicial functions under authority of a statute apparently valid, though such statute may be in fact unconstitutional and may be afte

One performing the functions of a director who has not been lawfully appointed. See 38 W. Va. 351, 18 S. E. fi20. De facto government. One whose existence is maintained by active m

In French law, permanent and fixed residence in France of an alien who has not acquired French citizenship nor taken steps to do so, but who intends to make his home permanently or

A capture by a de facto government, which government is defined to be one in possession of the supreme or sovereign power, but without right—a government by usurpation, founded per

there is another description of government, called also by publicists a government de facto, but which might, perhaps, be more aptly denominated a government of paramount force. It

under the law of Pennsylvania, the transfer in question constituted a de facto merger, even though the transfer did not comply with all the provisions of the Act of 1874, and that,

In the absence of a law authorizing the creation of a municipality de jure there can be none de facto.

A de facto officer may be defined as one whose title is not good in law, but who is in fact in the unobstructed possession of an office and discharging its duties in full view of t

De/ere. L. Fr. To undo; to reverse or set aside; to defeat; [Lat. infectum reddere.'] Kelham.

In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend.

Fr. Of, or in fact; by wrong, as distinguished from de droit, of or by right. Britt. c. 107. See De facto.

1. 1, Defalcation. In old ment

even innocent acts of failure to fully account for money received in trust" (internal quotation marks and brackets omitted)), with " In re Uwimana, " 274 F.3d 806 , 811 (C.A.4 2001

To set off one claim against another; to deduct a debt due to one from a debt which one owes. Johnson v. Signal Co.., 57 N. J. Eq. 79, 4f> Atl. 193 ; Pepper v. Warren, 2 Marv. (Del

Writ of falsa judgment. Reg.. Orig. 15; Fitzh. Nat. Brev. 18. See False Judgment.

Of false money. The title of St. 27 Edw. I., ordaining that persons importing certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everjrthin

Default.

The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputatio

Lat. A defamer. Famosus defamaior; a libeller. 5 Co. 126.

Slanderous; libelous.

One who has committed defamation.

L. Fr. Ihfamous. Britt. C. 15

The term “default” means a failure to comply with the terms of a loan or other obligation to such an extent that the property securing the obligation is foreclosed upon. / The term

The term “default aversion activities” means activities of a guaranty agency that are directly related to providing collection assistance to the lender on a delinquent loan, prior

The term “default collection activities” means activities of a guaranty agency that are directly related to the collection of the loan on which a default claim has been paid to the

The term “defaulted loan” means a loan that is guaranteed under this chapter, that was made for a purpose described in section 3710(a) of this title , and that is in default.

The term “defaulted principal amount outstanding” means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount re

One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails to account for such money.

commitment for failure to pay has not been viewed as a part of the punishment or as an increase in the penalty; rather, it has been viewed as a means of enabling the court to enfor

The proceeding here taken may therefore find its sanction in the undoubted right of the lawmaking power to create a presumption of fact as to the bad faith and untruth of an answer

Failure to have living children or descendants at a given time or fixed point George v. Morgan, 16 Pa. 106.

The term “default reduction activities” means activities to reduce student loan defaults that improve, strengthen, and expand default prevention activities, such as— (i) establishi

it is a settled rule, which has been repeatedly recognised by this court, that where no other figure is called for in an entry, it is to be surveyed in a square, coincident with th

Defaut. L. Fr. Default. Si ilface defaute, si soit il et ses plegges de suer, en la mercy; if he make default, he and his pledges to prosecute shall be in mercy. Britt. c. 46.

(Fr. defaire, to defeat). An instrument which defeats the force or operation of some other deed or estate. That which is in the same deed is called a condition, and that which is i

An estate is defeasible when subject to be defeated by the operation of a condition subsequent, or conditional limitation.

An estate in fee but which is liable to be defeated by some future contingency; e. g., a vested remainder which might be defeated by the death of the remainderman before the time f

liable to be annulled or made void, but not one that is already void or an absolute nullity. Elder v. Schumacher, 18 Colo. 433, 33 Pac. 175. Defined under Defeasible in Black's Law

To prevent, frustrate or circumvent ; as in the phrase "hinder, delay or defeat creditors." Co.leman v. Walker, 3 Mete, (Ky.) 65, 77 Am. Dec. 163; Walker v. Sayers, 5 Bush (Ky.) 58

that, within the bounds of the rational, Congress, not the courts, must remain primarily responsible for striking the appropriate state/federal balance.

Lacking in seme particular which is essential to the completeness, legal sufficiency or security of the object spoken of; as, a "defective" highway or bridge, (Munson v. Derby, 37

where the plaintiff has stated his title or ground of action defectively or inaccurately,—because, to entitle him to recover, all circumstances necessary in form or substance to co

Failure of the blood, i. e., failure or want of issue.

An imperfection in the style, manner, arrangement, or non-essential parts of a legal instrument, plea, indictment, etc., as distinguished from a "defect of substance." See infra.

In pleading and practice. Insufficiency of the parties before a court in any given proceeding to give it jurisdiction and authority to decide the controversy, arising from the omis

An imperfection in the body or substantive part of a legal instrument, plea, indictment, etc., consisting in the omission of something which is essential to be set forth. State v.

See "Propter Defectum."