DAMAGE APPRAISAL extimation or valuation of the lossess. From latin “ damnum ” = loss , pain, sorrow / “ pretium ” = money , worth of a thing.
DANGEROUS IGNITION crime consisting in the firing of something ableto provoke a probable danger for the public safety. From latin ” damnum ” = damn, loss / ” gerere ” = to show, to realize / ” ignis ” = flame, fire / ” actio ” = movement, action. Therefore a flame showing a future possibility of damn.
DEBENTURE = security note , money invested in bonded obligation . Fromlatin “debeo” = must. In fact, the obliged person or entity must give back the bonded amount of money formerly taken as security.
DEBT obligation, liability position versus a creditor . From latin “ debere ” =to must give.
DECEPTION cheat, swindling, fraud , forgery . From latin “ deceptus ” =victim of fraud , or also from latin” de ” = negative / ” capire ” = to have a content or to understand. In the first sense , the deception is something having a negative real content. In the second sense, the deception is a incitation to misunderstand a real situation.
DECISION deliberation , resolution of a matter, verdict issued by a judge.More possible ethimological coming. First, from latin ” decessum ” = ended. In figurative sense, a decision is the end, the final step of a trial. Second from latin from ” de ” = by / ” cessus” = result, outcome. In figurative sense, the decision is the output of a process, represented by judge’s statement. Third , from latin ” de ” = from / ” cesus ” = cut , something that has been cut or solved. In fact, in figurative sense, a decision is something that has been cut from the trial, and now is the output coming from a former problem or matter.
DECLARATION showing of a will, statement , facts affirmation, expositionabout situation. From latin ” de ” = from / ” claro ” = full of light , luminous . In fact a declaration is, in figurative sense, an activity made with the aim to light something coming from another thing in darkness. The terms can also become from latin “declarare ” = to announce.
DECLASSIFY publication of government’s documents , before kept insecrecy. From latin ” de ” = from / ” classicus ” first level . In fact, the documents are brought from first rate of importance to a lower grade.
DECLINATORY EXCEPTION demurrer stating a forfeiture of right tobring a legal action. From latin ” declinare ” = to move toward another place / ” ex ” = from / ” capere ” = to In fact, a right formerly standing in the juridical sphere of a subject, moves toward the forfeiture, if this right is not used in a proper time and consequentially , the adversary party in a case, ” take this problem from ” the matter of not used right, rises up this fact from the unutilized right .
DECERNITURE absolute sentence, resolutory decree. From latin “ de ” =from / “cernere” = to distinguish, to decide. Therefore , the meaning is to make a decision , distinguishing this decision among others possible.
DEDICATION (D. OF WAY, OF COPYRIGHT ) declaration of a work inhonour of something or somebody, renouncing to own’s right of exploitation of this work. From latin ” de ” = by / ” dictum ” = ordered. In figurative sense : ordered by the work maker.
DEDUCTION FROM SALARY subtraction of money amount for worker’swage . From latin ” de ” = from / “ductum ” = taken off, pulled from / ” salarium ” = soldier’s wage . Therefore, in figurative sense, the deductionfrom salary is a amount pulled from a wage
DEED notary paperform containing a private declaration about a buy and sell contract . From latin ” de ” = from / ” edere ” = to generate . Here, in figurate sense, means a paperform generated from the will of the parties involved in the contract.
DEFALCATION emblezzement, malversation , outlaw apportionement ofpublic money. From latin ” de ” = from / ” falcatus ” = cut with violence, cut improperly. Here in figurative sense, the violent cutting is representing an unlawful appropriation of money from a fund.
DEFAULT failure , non-perfomance, lack of consideration , unfulfilment ofduty. From latin ” defectum ” = failed , dead, missing , but even from ” fallere ” = to be lacking of a duty.
DEFEASANCE counter deed, counter declaration , counter statement . Fromlatin “deficere ” = to abandon, to leave, to let, to take off from.
DEFENCE BRIEF defensive plea , defensive suggestions for the judge .From latin “defensus ” = protected / ” brevis ” = short . In fact, the defence brief is a written document produced by lawyer and giving suggestion and information to the judge.
DEFERRED PAYMENT payment put off, delayed payment, postponedpayment. From latin “ferre ” = to bring. Here in figurative sense : to bring a payment from a time to another time.
DEFINITION OF CRIMINAL OFFENCE confining or limitation ofmeaning of a crime. From latin “definire ” = give a limitation, to trace a border. In fact, every crime involved a precise behaviour , useful to distinguish a offence from another different offence, an article of accusation from another different article of accusation.
DEFRAUDATION making a fraud, making a tangle or a cheat or a bluff.From latin “fraudulentus” = no-honest guy .
DELEGATION commission, board, representance pool . From latin “ de ” =by / “legatus ” = envoyed by someone as ambassador, entrusted by someone as his representant because joined or bound by relationship full ot trust. Even, the verb “to bind” , in italian modern language is translated “legare”.
DELIBERATIVE ASSEMBLY people meeting to get a decision, assemblymet to get a problem solution or to solve a common matter. Two possible ethimological coming. The first, from latin ” de ” = from / ” liberum ” = without bound. Here in figurative sense, meaning a decision taken off from a group of peolpe met (the assembly) and therefore , now free from any bound. The second, from latin ” liber ” = book, document. In this second figurative sense, would be the “document” issued by the assembly in which there is the content of the decision.
DELINQUENCY misdeed, offence, criminal behaviour, unperformance .From latin “delinquere ” = to make a mistake, to make a sin
DEMAND REPARATION FOR A WRONG to complain a compensationfor a tort undergone. From latin ” demandare ” = to entrust, to recommend / ” reparare ” = to build again . Therefore, in figurative sense, is meaning as a claim entrusted to the examination by public officer ( judge ) with the aim to reconstruct the former situation.
DEMOCRACY decisional power belonging to the people . From old greek “ demos ” = people / “ crateo ” = to manage , to make decision.
DEMURRER statement containing an objection , an exception or a pleainterposed by a defendant to object the claims of the plaintiff . From latin ” de” = by / ” mora ” = hindrance . Therefore an hindrance stated by adversarial party in a trial
DENIAL statement declaring that something is not true, statement refusing apetition , a claim object or a request . From latin ” de ” = by / ” negatio ” = refusal .
DENUNCIATION = kind of complaint reporting a crime to the police. It’smade usually by a third person (not by victim ). From latin ” de ” = by / ” nuncius ” = speaker , teller , reporter . In figurative sense, when a person hasbeen denounced by another , his unlawful conduct has been told by the third person who watched all the fact or matter.
DEPONENT a witness under oath , a witness stating that the facts which wasattendant are true . From latin ” de ” = concerning to / ” ponere ” = to put into a deposit. Here , in figurative sense ,the deposit represents the verbal of a process, in which are reported the statements of the witness concerning the matter under trial.
DEPORTATION banishment from a country or forced removal of a citizen inanother State. From latin ” deportatum ” = exiled or from ” de ” = from / ” portatio ” = transport. Therefore , in figurative sense, means transportedfrom a place to another place.
DEPOSITION statement mad by a witness under oath, who says that thefacts which was attendant, are true . From latin ” de ” = concerning to / ” ponere ” = to put into a deposit. Here , in figurative sense ,the depositrepresents the verbal of a process, in which are reported the statements of the witness concerning the matter under trial .
DEPRIVATION OF PROPERTY seizure or confiscation of property . Fromlatin ” de ” = negative preposition, denying . From / ” privatus ” = personal . In figurative sense, the denial of the right to have an ownership on a good.
DERELICTION OF A RIGHT OR DUTY abandonement of a right,carelessness or neglect of a duty. From latin ” de ” = by / ” relictus ” = let alone, abandoned . Therefore, right let alone by the owner.
DERIVATIVE LEGAL ACTION legal action brought by the stockholders ofa company, concerning a right granted by company but neglected. From latin ” de ” = of / “ ripa ” = bank of river. In figurative sense, something flowing inthe river and separated from it and individually going to the banks.
DESECRATION violation or contemption of a grave or santity place. Twopossible meanings . First , from latin ” de ” = negative preposition / ” secretum ” = secret place, solitary place. Here in figurative sense deny asecret or a content of a grave . Second, from latin ” sacratus ” = divine . Here in sense to deny the divinity the holyness of a place.
DESERTION abandonement of a duty or committment or task provided bylaw. From latin ” desertum ” = abandoned, left alone, forsaken .
DETENTION the act of freedom restraining of a person. From latin “ de ” =by / “tentum” = catched, braked . Here in figurative sense of braked or caught by law.
DETECTIVE private person working as investigator , sometime member oflaw enforcement agency, having usually the task to solve historical crime, makes private investigations and look into record regarding a case. From latin ” de ” = without / “tectus ” = roof . In figurative sense, discovered. In fact, the detective has the task to discovery the true facts of a case.
DETINUE LAW ACTION legal action used to recover personal propertyillegally detained by another person . From latin ” de ” = by / ” tenui “= i kept, i was owner, i occupied. Therefore, an action aimed to recovery the possession of a real estate formerly kept.
DETRITIMENT loss, harm , damage undergone by a party’s contract ,thatcould be the basis for the claim of contract resolution or compensation. From latin ” detrimentum ” = loss , or even from ” detritus ” = consumed, worn out, wasted . Here in the figurative sense of party’s interest in a contract , wasted by lack of consideration by other party.
DEVASTAVIT ORDER writ issued by judge, meant for disvesting an assetsmanager from his title, because the asset has been wasted by it’s mismanagement . From latin “devastatum ” = disarranged, upset, ruined (adjectives concerning the asset ).
DEVISE BY TESTATOR testamentary gift of real property granted bytestator. From latin “divisi ” = i shared , i distinguished. Here used in figurative sense to share own’s property for the heirness beneficiaries.
DEVOLUTION power or authority granted by a public body of higher levelto another of lower level as for example the competence given by the federal authority to local authority. From latin ” devolutum ” = something that has been rolled towards someone. Here in figurative sense, the devolution is like a soccer game or better a soccer team and the competence about a matter can be represented by the ball. The team’s captain (the higher authority ) rolls the ball towards the other soccer players (the lower authority).
DIGEST a summary or compendium of law principles, legal rules ordecisions put in order by matter or authors. From latin ” digestum ” = put in order , systematic.
DILATORY PLEA motion delaying a trial or determination , tactically usedby a lawyers meant for a putting off of a decision. From latin ” de ” = from / ” latum ” = brought or from “ delatus “= brought , reported , referred to. Infigurative sense, means something brough from another (and former ) time . Other possibility is that the term coming from ” dilatus ” = postponed , extended in time.
DILIGENCE ( DUE D.) in law, is a standard care expected by a reasonableperson concerning the specific circumstance of a fact or matter, or even the standard professional care expected about a professional activity . From latin ” diligent ” = careful, scrupulous. Even in modern italian language the phrase ” to have a sense of duty ” is translated ” essere ligio al dovere” ( “di ” = by / “ligio ” = careful, paid attention).
DILUTION OF COMPANY’S SHARES in corporate law, is action movedby a corporation meant for the reduction of unit value of the shares, issuing new shares . In this way the value will be lower than before. From latin ” dilutum ” = washed and dissolved in the water. In figurative sense, a solidthing ( the share ) becomes liquid thing, in sense of a lesse worth and therefore loses the worths because a presence of a lot of others share of the same value.
DIMINUTION OF RECORD record or paperform in which there is aninaccuracy , a lack , a shortage of some necessary elements, or is not completed in some parts. From latin “deminutum ” = reduced , limited / “recordor ” = i remember . In figurative sense, the record is document usefulto bring in memory an old fact.
DIRECTORS ( BOARD OF D. ) pool of administrator appointed bycompany owner with the power to administrate or manage the company’s affairs and concerning business. From latin ” directum ” = ruled by, driven by , driven towards . Here in figurative sense, the company is a vehicle driven by the board directors.
DISAFFIRMATION OF A CONTRACT cancellation of , refusal of,rescinding of contract or of binding effect of a contract . From latin ” dis ” = negative preposition / ” firmatum ” = established, agreed, guaranteed.Therefore, is meaning the denial of something established by parties (in this case , the contract).
DISCHARGE FROM AN OBLIGATIO OR DUTY to relieve from aburden by performance , to get rid of a debt by payment , by service performed or release of goods or documents. From latin “dis ” = from / ” carrus ” = old wooden vehicle with four wheeles used to be loaded with materials. In figurative sense, the material loaded on the vehicle represents the duty or the debt to be paid , therefore the discharge is an activity meant for the ” unloading ” of duty from the the debtor liability situation.
DISCIPLINARY MEASURE order issued by a board or commission meantfor to punish a wrongful conduct of the associated members that failed in observance of standard levels of conduct. From latin ” disciplina ” = well manner , teaching activity, lesson about way of life.
DISCLAIM refusal or giving up of a claim, of right or request about own’sinterest. From latin “dis ” negative preposition / ” clamare ” = to invoke with loud voice . Therefore a document invoking a denial of own’s right . For example, in insurance contracts, often we find the disclaimer clause , just a condition allowed by assured party that discharge the insurance company from liability in particular cases and kinds of maritime casualty.
DISCLOSURE OF PATENT exposition or reveal about the specifications of invention describing the method to operate and all concerning matter. From latin ” dis ” = negative preposition / “clausum ” = closed, under seal . In figurative sense, the methods used for the invention that formerly were closed in the inventor’s brain, now are disclosed and therefore known.
DISCONTINUANCE OF A LAW SUIT voluntary termination ofproceeding wanted by one party . From latin ” dis ” = negative preposition / ” continuatum ” = connected . Here in figurative sense, is meaning that theparty is not more connected to the trial .
DISCRETIONARY POWER power kept by judges, jury or public officers toreach a decision choosing among several options limited by the general principles of fairness and reasonability. From latin ” discretum ” = chosen , separated . Therefore, a discretionary decision is a measure chosen among the others possible.
DISHONORED CHEQUE refused cheque, non-accepted cheque . Fromlatin “dis ” = negative preposition, denial / ” honoratum ” = privileged given by someone, respected as duty. Therefore a dishonored cheque is representing a carelessness in the performance of a duty.
DISMISSAL OF A CLERK removal of a clerk from office , task ,employment or appointment. From ” dis ” = negative preposition / ” missus” = task . Therefore, in figurative sense, meanings the cancellation, the denial of a task formerly appointed.
DISPOSITION ruling or decision issued by judge meant for an issueresolving. From latin ” dispositum ” = established, managed, ordered .
DISPUTE difference of opinions or uneven rights or interest, representingthe basis of every litigation. From latin ” dis ” = word meaning something going in different direction / ” putare ” = to think, to believe. In figurative sense, the source of a dispute are two parts whit a different way to think about a matter.
DISSENTING OPINION different opinion of a judge not according with the majority of the bench. From latin ” dis ” = not, negative preposition / ” sentire ” = to feel / “ opinor” = i think that, i believe that . Therefore anopinion not accorded with the others.
DISTURBING THE PEACE crime committed by person by action meantfor creation of confusion of public disorders. From latin ” turbatum ” = shaked , rebel .
DIVESTING ORDER order issued by judge or other administrativeauthority meant for the seizure of property . From latin ” dis ” = negative preposition, not / ” vestis ” = dress. In figurative sense , the dress represents the property right vested by owner . Therefore this order representing the negation of right which formerly the subject was vested.
DIVIDEND share of an asset which is divided and distributed among severaljoiner of partnership . From latin ” dividere ” = to divide, to separate into pieces.
DOCUMENT = a writing or instrument containing a set of data,informations, records ,verbals , transactions , notary deed and similar and in spread sense every object or item havin physical form useable as evidence . From old greek ” dokeo “= to teach , and from latin ” minutus ” = concise, short. In fact, usually the document is a paperform containing a short records or verbals.
DOMESTIC JURISDICTION imaginary boundaries representing theterritorial internal limit of lawcourt’s competence to decide a determinate case. From latin ” domus ” = home / ” juris ” = of the law / ” dictum ” = established. There fore the domestic jurisdiction is the law established inside an iternal territory ( in figurative sense , the home).
DOMICILE person’s legal home, place in which he usually manages his dutyor business. For example one place is the residence of a lawyer, other place is the domicile (the chambers, the office of a lawyer). From latin ” domus ” = house / “cilium ” = edge. This because in the old roman empire, some houses had a room closed the home , called “cilium” , used to deal business.
DOMINION OVER A TERRITORY / OVER A PROPERTY legalsituation concerning an undisputed ownership about a territory or property . From latin ” dominus ” = master, owner . For example, Canada and Australia, were a britannic dominions.
DONATION gift given for charity or gratitude purposes. From latin “ dono ” = gift.
DORMANT CLAIM / DORMANT INHERITANCE claim , right orinheritance held in abeyance because barred by a statute of limitation, or other kind of rights not claimed because parties inactivity. From latin ” dormire ” = to sleep.
DRACONIAN LAWS ( concernig law history ) set of rules issued in oldgreece by a king named “Dracone “. This rules were infamous for the excessive harshness and severity. In fact, at the time, some writers wrote that the ink used to write these rules was the blood. From latin ” dracum ” = mithological monster , drake.
DUPLICITY IN TESTIMONY contradictory speech or double-dealingtelling about a matter object of testimony . From latin ” duo ” = two / ” plicitum ” = envelopped. In figurative sense , is meaning that in a bag (representing the testimony ) , are envelopped two different versions.
DURESS OF GOODS illegal restraint with a kind of physical violence,forced imprisonment , use of threatens , coercion . From latin ” durus ” = severe, cruel.
DURESS BY NECESSITY / DURESS OF CIRCUMSTANCES state ofurgency involving a violent reaction or a conduct that made in normal circumstances, would be a criminal conduct . From latin ” durus ” = severe, cruel. In fact, a person that in a normal situation does not make a wrong action, can become cruel and make this action as being in particular situation of emergency or danger for himself or others.