- D -
Damages: Compensation recovered in the
courts by a person who has suffered loss, detriment
or injury to his/her person, property or rights,
through the unlawful act or negligence of another.
De novo: "Anew." A trial de novo
is a completely new trial held in a higher or
appellate court as if the original trial had never
taken place.
Declamatory judgment: A judgment that
declares the rights of the parties on a question of
law.
Decree: Decision or order of the court. A
final decree completes the suit; an interlocutory
decree is a provisional or preliminary decree which
is not final.
Deductible: The amount an insured person
must pay before the insurance company pays the
remainder of each covered loss, up to the policy
limits.
Default: A failure of a party to respond
in a timely manner to a pleading; a failure to
appear for trial.
Defendant: In a civil case, such as an car
accident lawsuit, the defendant is the person
against whom a civil action is brought.
Defense attorney: The attorney who
represents the defendant.
Deposition: Sworn testimony taken and
recorded in an authorized place outside of the
courtroom, according to the rules of the court.
Direct examination: The questioning of a
witness by the party who produced the witness.
Discovery: A pretrial proceeding where a
party to an action may be informed about (or
"discover") the facts known by other
parties or witnesses.
Dismissal with prejudice: Dismissal of a
case by a judge which bars the losing party from
raising the issue again in another lawsuit.
Dismissal without prejudice: The losing
party is permitted to sue again with the same cause
of action.
Disposition: Determination of a charge;
termination of any legal action.
Dissent: The disagreement of one or more
judges of a court with the decision of the majority.
Docket: Book containing entries of all
proceedings in a court.
Due process: Constitutional guarantee that
an accused person receive a fair and impartial
trial.
