ACADEMIC TOPICS

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 also: prescriptive (contrast).

Descriptive, in law,...

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,...

dictum

Dictum is an abbreviation of the Latin phrase "obiter dictum." As a legal term, a dictum is any statement or opinion made by a judge that is not required as part of the legal reasoning to make a judgment in a case. Although dictum may be...

Digital Millennium Copyright Act

Digital Millennium Copyright Act (DMCA), is a federal statute that addresses a number of copyright issues created by the use of new technology and the Internet including digital rights management (methods for stopping infringement), and...

diligence

Diligence is the use of care or persistence in performing duties; thorough attention to a matter; heedfulness; assiduity. Diligence is the opposite of negligence.

Due diligence is the use of reasonable care ordinarily...

diminished capacity

"Diminished capacity," as opposed to "not guilty by reason of insanity."

Diminished capacity is a theory that a person due to unique factors could not meet the mental state required for a specific intent crime. A diminished...

diplomat

A diplomat is a person appointed by a State or national government to conduct diplomatic activities with a foreign State or government, or with foreign entities such as international organizations. Diplomats are often public officers...

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