Legal Terms

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Damages.

The amount required to pay for a loss.

Debtor.

One who owes a legal obligation or money to another.

Declaration.

A formal specifying of the facts constituting the plaintiff's cause of action against the defendant.

"Deep Pockets" Liability.

A term used to describe the legal doctrine of joint-and-several liability, under which recovery can be sought from any of several co-defendants based on ability to pay, rather than the degree of negligence. Example: A and B are jointly liable for an injury; A was 90% negligent and B was 10% negligent, but A has no assets; the claimant is permitted to reach into the "deep pockets" of B for the full amount of the award against A and B.

Defalcation.

Stealing of money.

Defamation.

Any derogatory statement which is designed to injure a person's business or reputation. Defamation can be accomplished as libel or slander.

Defendant.

The person being sued in a court action.

Degree of Care.

A duty owed to others which depends on circumstances. Persons who invite others on their premises, those who invite children on their premises and those who sell what might be considered inherently dangerous products are all required to take different degrees of care to prevent harm to others.

Demurrer.

A formal statement which states that even if the other party's facts are true, there is no cause of action.

Deposition.

A sworn statement of a witness or other party in a judicial proceeding.

Directed Verdict.

A verdict for the defendant based on the court's decision that the plaintiff's case has not been proven.

Dissent.

This occurs when one or more judges disagree with the majority decision.

Dram Shop Laws.

Liquor liability laws are called dram shop laws. They provide that a person serving someone who is intoxicated or contributing to the intoxication of another person may be liable for injury or damage caused by the intoxicated person.