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DUTY OF CARE

A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must make informed decisions in discharging their FIDUCIARY responsibilities. An informed decision is generally based on gathering all relevant facts and material, giving such information due consideration, and then making a decision. A breach of duty of care can lead to legal action by shareholders. See also DUTY OF LOYALTY.

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DUTY OF LOYALTY

A legal requirement in certain systems where the BOARD OF DIRECTORS and executives must ensure that any action taken is done in good faith and with the best interests of shareholders in mind. A breach of duty of loyalty can lead to legal action by shareholders. See also DUTY OF CARE.

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DUUMVIRI

(From duo, two, and viri, men.) A general appellation among the ancientRomans, given to any magistrates elected in pairs to fill any office, or perform anyfunction. Brande.Duumviri municipalcs were two annual magistrates in the towns and colonies, havingjudicial powers. Calvin.Duumviri novates were officers appointed to man, equip, and refit the navy. Id.

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DUX

In Roman law. A leader or military commander. The commander of an army.Dig. 3, 2, 2, pr.In feudal and old European law. Duke; a title of honor, or order of nobility. 1 Bl.Comm. 397; Crabb, Eng. Law, 236.In later law. A military governor of a province. See Cod. 1, 27, 2. A military officerhaving charge of the borders or frontiers of the empire, called “dux Umitis.”‘ Cod. 1, 49,1, pr. At this period, the word began to be used as a title of honor or dignity.

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DWARF

A15 year MORTGAGEBACKED SECURITY issued by the FEDERAL NATIONAL MORTGAGE ASSOCIATION. See also GNOME, MIDGET.

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DWELL

To have an abode; to Inhabit; to live in a place. Gardener v. Wagner, 9 Fed.Cas. 1,154; Ex parte Blumer, 27 Tex. 736; Putnam v. Johnson, 10 Mass. 502; Eatontownv. Shrewsbury, 49 N. J. Law, 188, 6 Atl. 319.

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DWELLING-HOUSE

The house In which a man lives with his family; a residence ;the apartment or building, or group of buildings, occupied by a family as a place of residence.In conveyancing. Includes all buildings attached to or connected with the house. 2 Hil. Real Prop. 33S, and note.In the law of burglary. A house in which the occupier and his family usually reside,or, in other words, dwell and lie in. Whart. Crim. Law, 357.

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DWELLING-PLACE

This term is not synonymous with a “place of pauper settlement” Lisbon v. Lyman, 49 N. H. 553.Dwelling-place, or home, means some permanent abode or residence, with intentionto remain ; and Is not synonymous with “domicile,” as used in International law, buthas a more limited and restricted meaning. Jefferson v. Washington, 19 Me. 293.

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DYING DECLARATION

See DECLARATION

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DYING DECLARATIONS

Statements made by a person who is lying at the point of
death, and is conscious of his approaching dissolution, in reference to the manner in
which he received the injuries of which he is dying, or other immediate cause of his
death, and in reference to the person who inflicted such injuries or the connection with
such injuries of a person who is charged or suspected of having committed them; which
statements are admissible in evidence in a trial for homicide where the killing of the
declarant is the crime charged to the defendant. Simons v. People, 150 III. 06, 36 N. E.
1019; State v. Trusty, 1 Pennewill (Del.) 319. 40 Atl. 706; State v. Jones, 47 La. Ann.
1524, 18 South. 515; Bell v. State, 72 Miss. 507. 17 South. 232; People v. Fuhrig, 127
Cal. 412, 59 Pac. 093; State v. Parham, 48 La. Ann. 1309, 20 South. 727.

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DYING WITHOUT ISSUE

At .common law this phrase imports an indefinite failure ofissue, and not a dying without issue surviving at the time of the death of the first taker.But this rule has been changed in some of the states, by statute or decisions, and InEngland by St. 7 Wm. IV., and 1 Vict c. 26,

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DYKE-REED, or DYKE-REEVE

An officer who has the care and oversight of the dykes and drains in fenny counties.

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DYSNOMY

Bad legislation; the enactment of bad laws.

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DYSPAREUNIA

In medical jurisprudence. Incapacity of a woman to sustain the act of sexual intercourse except with great difficulty and pain.

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DYSPESIA

.A state of the stomach In which its functions are disturbed, without thepresence of other diseases, or when, if other diseases are present, they are of minorimportance. Dungl. Med. Diet

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DYVOUR

In Scotch law. A bankrupt.

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DYVOUR’S HABIT

In Scotch law. A habit which debtors who are set free on a ccssiobonorum are obliged to wear, unless in the summons and process of ccssio it be libeled,PUB tained, and proved that the bankruptcy proeieds from misfortune. And bankruptsare condemned to submit to the habit, even where no suspicion of fraud lies againstthem, if they have been dealers in an illicit trade. Ersk. Prin. 4, 3, 13.

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What is a Deposition?

Written and Fact Checked by The Law Dictionary Staff  



An essential element of any civil or criminal court action is the evidence offered by the parties. Evidence is what each side in a dispute must present to either a judge or a jury to prove what are, up to that point, probably nothing more than unproven allegations. Much of the evidence presented at a […]

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