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Defalcation

Misappropriation of money, or the amount misappropriated.

In 1988, the Privy Council dismissed an appeal by Chan Man-sin against his conviction in Hong Kong for theft. While an accountant, Chan had forged cheques for $HK4.8 million on company accounts, depositing them in his accounts. He was charged with theft when his defalcations were discovered.

Damages

A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. 

"Damages: A sum of money awarded by the court as compensation to the claimant.  Aggravated damages:  Additional damages which the court may award as compensation for the defendant's objectionable behaviour.  Exemplary damages:  Damages which go beyond compensating for actual loss and are awarded to show the court's disapproval of the defendant's behaviour " 

(Civil Justice Rules) 

Death penalty 

Also known as capital punishment. Forms of the death penalty include hanging from the neck, gassing, firing squad and has included use of the guillotine. 

In the UK the death penalty for murder was abolished in 1965.  And in all circumstances in 2000 with the introduction of the Human Rights Act 1988.

Debtor 

A person who owes money, goods or services to another, the latter being referred to as the creditor. 

Decree 

The Scottish equivalent of the English civil 'judgment'.   - although the written judgment itself (as opposed to the decision which it embodies) is still called a judgment. 

Decree absolute 

The name given to the final and conclusive court order after the condition of a decree nisi is met.   As in divorce. 

Decree nisi 

[Latin: unless order].  A provisional decision of a court which does not have force or effect until a certain condition is met such as another petition brought before the court or after the passage of a period time (usually 6 weeks), after which it is called a decree absolute.

A feature of UK divorce although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue a decree nisi , which would have no force or effect until a period of time passed (30 days or 6 months). 

Deed 

A written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object. 

Under older common law, a deed used to have to be sealed; that is, accompanied not only by a signature but with an impression on wax onto the document (hence the expression "signed, sealed and delivered"). Since 1989 this is not the case, nor does it have to be written on particular type of paper.  The word deed is also most commonly used in the context of land law because these transactions must usually be signed and in writing.  A contract without consideration would be by a deed. 

To be a deed an instrument must make clear on its face that it is intended to be a deed and must be validly executed as a deed.   For an individual to validly execute an instrument as a deed it must be signed by him the presence of a witness who attests  the signature, or at his direction and in his presence and the presence off two witnesses who each attest the signature, and must be delivered as a deed by him or a person authorised to do so on his behalf  (Law of Property (Miscellaneous  Provisions); Act 1989. s.l). 

Deed Poll 

A deed which is ; polled; or smooth; i.e. not indented: a unilateral deed; e.g. for publishing a change of names 

Deem 

To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be "deemed" to be a decision of the court of another for the purpose of enforcement. 

de bene esse

[Latin: for what it is worth - let’s get on with it]

De facto 

[Latin: as a matter of fact] something which, while not necessarily lawful or legally sanctified, exists in fact. A common law spouse may be referred to a de facto wife or de facto husband: although not legally married, they live and carry-on their lives as if married. A de facto government is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure government. 

Defamation

A tort consisting of the publication of a false and derogatory statement respecting another person who is alive and without lawful justification. 

A defamatory statement is one exposing him to hatred, ridicule or contempt, or which causes him to be shunned or avoided, or which has a tendency to injure him in his office, profession or trade. 

It may constitute libel or slander. 

It must be construed in its natural add ordinary meaning; if not defamatory in such meaning, it must be construed in the special meaning, if any, in which it was understood by the person by and to whom it was published.

It is for the judge to say whether the words are reasonably capable of a defamatory meaning, but for the jury to say whether under the circumstances of the case they in fact bear that meaning.

No action can be maintained for libel or slander unless there is publication, that is a communication by the defendant of the defamatory statement to some person other than the claimant.

The Defamation Act 1952 made significant changes to defences to defamation, for example justification and fair comment.

Defalcation 

1. Defaulting on a debt or other obligation such to account for public or trust funds. Usually used in the context of public officials. 
2. Setting-off of two debts owed between two people by the agreement to a new amount representing the balance, a type of novation.

Defendant 

1. The person defending an action in a civil case, the person being sued.
2. The person defending an action in a criminal case, the person accused of having committed a crime.

Demise  

The grant of a lease of land. According to the context, it can also mean death.

See also, devise.

de minimis

[Latin: insignificant; minute, frivolous]
Something or some act which is 'de minimis' is one which does not rise to a level of sufficient importance to be dealt with judicially.

In Canadine v Director of Public Prosecutions [2007] QBD, it was held that a speed camera complied with the relevant regulations (Traffic Signs Regulations and General Directions 2002) where a minor irregularity in the casing around the sign (which was not an integral part of the sign) could only be seen on very close inspection and no motorist would have been misled as to the true nature of the sign, accordingly even if the casing had been part of the sign the transgression from the regulations would be regarded as de minimis.

de minimis non curat lex

[Latin: The law does not concern itself with trifles].

Denning, Alfred Thompson, Baron (1899–1999 ) 

English jurist who served as Master of the Rolls for twenty years (1962–82). Renowned as a champion of the rights of the individual, he was created Baron Denning of Whitchurch in 1957.

After studying mathematics and law at Oxford, Denning was called to the bar in 1923. In 1938 he became a KC and in 1944 he was appointed a High Court judge. He then progressed steadily through the judiciary until, in 1957, he joined the House of Lords as a Lord of Appeal in Ordinary. However, finding that he was not in the best position to exercise influence over the development of the law, Denning chose to return to the Court of Appeal in 1962 as Master of the Rolls.

In many cases between 1962 and 1982 Denning found opportunities to apply his beliefs in the rights of the individual in beleaguered circumstances, most notably those of deserted wives, victims of unfair contracts, and those caught up in administrative bureaucracy. His stand upon these issues endeared Denning to the public, although his rejection of precedent in favour of the pursuit of justice made him a controversial figure within the profession.

Denning also served on many committees and review bodies, including the enquiry into the circumstances of the resignation of the secretary of state for war, John Profumo (1915– ), in 1963 and the Committee on the Legal Education for Students from Africa.

Besides fulfilling the duties of Master of the Rolls, Denning is also the author of several popular books on legal topics, such as The Changing Law (1953), The Road To Justice (1955), The Family Story (1981), The Closing Chapter (1983), and Leaves from my Library (1986).

In his retirement Denning startled his admirers by saying that the Birmingham Six and Guildford Four were probably guilty and should have been hanged, despite their release by the court of appeal in 1991, after years of wrongful imprisonment for IRA bombings.
(From Who's Who in the Twentieth Century in History)

Derogation

Exemption from the provisions of EU legislation.

Detinue

Until abolished by the Torts (Interference with Goods) Act 1977, and action to obtain the return of goods in the wrongful possession of another.

Devise

To devise means to leave freehold property or land in a will, see demise.

Diplock Court

The Diplock Court system applies only in Northern Ireland.

Its main feature is trial without a jury.  The system was established in December 1972, after a Commission chaired by Lord Diplock (1907–1985) reported that the jury system as a means of trying terrorist crime was under such strain it was in danger of breaking down.

The Diplock Report highlighted the danger of perverse acquittals because of jurors favouring one side or the other and the real problem of intimidation of jurors.

The Diplock system was repealed on 31 July 2007 as part of the Government's security normalisation programme.

Diplock, Kenneth, Baron (1907–1985)

Law Lord.

The judgments of Lord Diplock have been recognised as pivotal to the development of administrative law.

After the 1960s a number of decisions marked a significant change in judicial attitudes towards judicial control of administrative action for example Re Racal Communications Ltd [1981] AC 374.

In IRC v National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617 Lord Diplock said, " '... [the] comprehensive system of administrative law [which] I regard as having been the greatest achievement of the English courts in my judicial lifetime."

Lord Diplock was involved in many leading cases concerning Judicial Review. Thus a new relationship developed between the courts and those who derive their authority from the public law.

In Freitas v Benny [1976] AC 239 (which dealt with a provision in the Trinidadian Constitution) famously said,

“Mercy is not the subject of legal rights. It begins where legal rights end.”  

In other words, the exercise of the prerogative of mercy in death penalty cases is not amenable to review by the courts.

Direct Applicability

A provision of EC law which has the capacity to become law in each member state without being re-enacted in national law.

Direct applicability means that EC law becomes part of the national law without intervention of the national parliament. This is the case for all EC regulations.

This is NOT the case for the Treaties, for example the Treaty of Lisbon 2007 has to be ratified according to the national practices of the 27 Member States (i.e. either referenda or votes by the legislator).  More here.

Direct Effect

A provision of EU law which can confer upon individuals rights which national courts must protect.

‘Vertical direct effect’ is occasionally used to describe cases where the right conveyed by the provision applies against a member state.

‘Horizontal direct effect’ is occasionally used to describe cases where the right applies against another individual.

Directive

According to art 249 of the EC Treaty, a measure adopted by the ‘European Parliament acting jointly with the Council, the Council and the Commission’, which is ‘binding as to the result to be achieved, upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods.’

Disassociative state

A "disassociative state" is defined as a state where an individual is so focused to only one thing and forgets about the entire environment and has no recollection for a period of time.

Discretionary trust

This is a trust set up so that the trustees can decide who will benefit from the trust and how much they will get.