A defense is an act of protecting one’s own interests. In common law, a defendant may use defenses to prevent or limit liability. A defense can either allege a failure to state a claim, or affirm the existence of a claim and present...
ACADEMIC TOPICS
definitions
A definition is a statement describing something's meaning or fundamental character. Definitions are critical to the operation of the rule of law. Often a legal dispute centers on the meaning of a particular word in a statute, contract, or...
demand letter
A demand letter is a letter, usually written by an attorney on a client’s behalf, outlining the dispute between the two opposing parties and demanding that the recipient of the letter take or cease a certain action. The purpose of a demand...
deponent
A deponent is the individual whose deposition, or sworn, out-of-court testimony, is taken during the discovery process. The deponent can either be a party to the case, a witness who will later testify at trial, or anyone with knowledge of...
depose
Depose refers to the act of questioning a deponent under oath, either a witness or a party to a lawsuit, at a deposition. Deposing occurs during the pre-trial discovery process. Rule 30 and Rule 31 of the Federal Rules of Civil Procedure...
deposition
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Oral...derivative
Derivative is a financial instrument whose value depends on the market value of some underlying asset. The parties to a derivative contract essentially make a bet on the value of the underlying asset. Depending on the change in value for the...
descendant
A descendant is a person born in a direct biological line. For example, a person's children, grandchildren, and great-grandchildren are their descendants. In legal writing, the term "descendant" can have multiple meanings, including those...
descriptive
The nature of a statement that claims to describe reality. A descriptive theory is one that claims to describe how things really are, as opposed to how they should be.
See Prescriptive (contrast).
dicta
Dicta is short for the Latin phrase obiter dictum, meaning "something said in passing."
Dicta in law refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case,...