ACADEMIC TOPICS

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...

disbar

Disbarment is the most severe sanction for attorney misconduct, which involves the removal of an attorney's license to practice law. Since the court has exclusive responsibility to license lawyers, it has sole authority / discretion to remove the...

disbarment

Disbarment is the most severe sanction for attorney misconduct, which involves the removal of an attorney's license to practice law. Since the court has exclusive responsibility to license lawyers, it has sole authority / discretion to remove...

disentail

Disentail refers to the process of converting a fee tail into a fee simple. The majority of states have passed some form of disentailing statutes.

While originally an important part of property law, fee tails (property...

disgorgement

Disgorgement is a remedy requiring a party who profits from illegal or wrongful acts to give up any profits they made as a result of that illegal or wrongful conduct. The purpose of this remedy is to prevent unjust enrichment and make illegal...

dispositive fact

A dispositive fact is a fact that, if proven with necessary certainty, resolves a legal dispute on its own. Oftentimes, establishing the truth of a dispositive fact will lead to the resolution of the lawsuit as a whole.

For...

dispute resolution

Dispute Resolution or alternative dispute resolution, appropriate dispute resolution or ADR refer to several processes used to resolve a dispute between parties. ADR is usually an alternative to litigation and can be used to resolve any type...

distinguish

To distinguish means to note a significant difference or dissimilarity (usually between cases); to make a distinction. A party usually distinguishes one case from another as part of the argument that because of a certain distinction, the...

dividend

Dividends are the payment of a corporation's profits to its shareholders. Payment of dividends are not mandatory; rather, the board of directors may use its discretion to decide whether to invest the company's profits back into the company...

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