The term cumis counsel is taken from the case San Diego Federal Credit Union v. Cumis Ins. Society. Cumis counsel refers to an independent attorney hired by an insurance company to represent the defendant in cases with a strong conflict of...
accidents and injuries
damages
In civil cases, damages are the remedy that a party requests the court award in order to try to make the injured party whole. Typically damage awards are in the form of monetary compensation to the harmed party. Damages are imposed if the...
dead man's statute
A dead man's statute states that in a civil action, a party with an interest in the litigation may not testify against a dead party about communications with the dead party. In Larkin v. Metz, 398 Pa.Super. 235, the court noted that the “...
defense of others
“Defense of others” is a defense to liability for an alleged crime that is in defense of a person other than oneself. It refers to a person’s right to use reasonable force to protect a third party from another person who threatens to use...
defense of property
“Defense of property” refers to an affirmative defense to liability for an alleged crime that one used force in order to protect one's property. For example, When defendants are charged with criminal assault or battery, they may argue that...
dependents benefits
Dependents benefits are social security proceeds which may be received by those who rely on the primary recipient’s income. Dependents benefits often take the form of survivor benefits, although in some circumstances dependents may receive...
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...
design defect
A design defect means that the product was manufactured correctly, but the defect is inherent in the design of the product itself, which makes the product dangerous to consumers. For example, mechanical defects, which are common in cars and...
detinue
Detinue is an action to recover the wrongful detention of goods or possessions.
[Last updated in August of 2022 by the Wex Definitions Team]
disability benefits
Overview:
Disability benefits refers to money available from the government for people with disabilities. These benefits are available under Title II of the Social Security Act as Social Security Disability Insurance (SSDI...