Legal Glossary

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #

-D-

D.B.A.: Short for "doing business as," when a person or entity uses a business name instead of his/her/its own.

Damages: The sum of money awarded to the injured party in a personal injury lawsuit.

Date of injury: If your injury was caused by one event, the date it happened is the date of injury. If the injury or illness was caused by repeated events, the date of injury is the date you knew, or should have known, the injury was caused by work.

Death benefits: Benefits paid to surviving dependents when a work injury results in death.

Deadlock: The circumstance that arises when either the board of directors or shareholders are evenly split on a vote and cannot take action. Deadlock can lead to judicial resolution of the underlying dispute.

Dealer: Anyone who buys goods or property for the purpose of selling as a business.

Debenture: A form of bond certificate issued by a corporation to show funds invested, repayment of which is guaranteed by the overall capital value of the company under certain specific terms. Thus, it is more secure than shares of stock or general bonds.

Debt: Liability on a claim.

Debt financing: A method of financing where the company receives a loan and gives its promise to repay the loan.

Debtor: A person or municipality concerning which a case under this title has been commenced.

Declarant: Means any person or group of persons acting in concert who (i) as part of a common development plan, subjects real estate to the terms of a declaration of covenants, conditions and restrictions or (ii) reserves or succeeds to any special declarant right.

Declaration:  Means any instruments, however denominated, that create a condominium or a planned community and any amendments or supplements to those instruments.

Deed: A written document that transfers the interest in property from one person to another.

Deed of Trust: A security document used to transfer "bare legal" title from the trustor (borrower) to the trustee (a neutral party) to be held in trust for the benefit of the beneficiary (lender) until the trustor completes performance of an obligation (monetary or otherwise).

Deed Restrictions: Limitations on the use of real estate written into the deed.

Default: The failure to fulfill a duty or discharge an obligation, such as making monthly

mortgage payments.

Default judgment: A judgment issued when the defendant offers no defense by not responding to the complaint. A judge may issue a judgment without the necessity of a trial.

Defendant: The person against whom a claim is brought. In worker’s compensation and social security disability cases, it is the person, usually an employer or its insurance company, opposing you in a dispute over benefits.

Denied claim: A claim in which the insurance company does not believe that your injury or illness was work related and therefore denies your claim. Disability: A physical or mental impairment that limits everyday activities.

Deponent: The person who testifies at a deposition.

Deposition: A pretrial discovery device in which one party verbally answers questions from the other party.

Development rights:   Any right or combination of rights reserved by a declarant in the declaration creating a condominium to add real estate to the condominium; to create units, common elements or limited common elements within a condominium; to subdivide units or convert  units into common elements, or to withdraw real estate from a condominium.

Dilution: The effect of reducing an existing shareholder's interest in a corporation when new shares are issued.

Director: A member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members. As a group the directors are responsible for the policy making.

Disability Benefits:  These benefits are received if you: are under FRA (full retirement age), have enough Social Security credits, and have a severe medical impairment that prevents you from doing substantial work for more than a year, or are expected to die from the impairment.

Discount Points: Points a lender charges to reduce interest rate; may be paid by either buyer or seller on conventional loans; one point is equal to 1 percent of the loan value.

Discharge: Extinguishing the debtor's personal liability on debts, through the granting of a permanent injunction protecting the debtor from efforts to collect such debts as a personal liability.

Disclosure statement: A written document prepared by the chapter 11 debtor that is designed to provide adequate information to creditors allowing them to evaluate the plan of reorganization

Disclosure: A statement to a potential buyer listing information relevant to a piece of property, such as the presence of radon or lead paint.

Discovery: Methods and procedures by which information is made available to each party prior to trial. Discovery may include depositions, interrogations, requests for production of documents, and demands for independent medical examinations.

Dismissal: The court's termination of the bankruptcy case upon voluntary request or withdrawal by the petitioner, or due to a motion filed by a party of interest.

Dismissal with prejudice: The court's dismissal of a bankruptcy case with the added condition that the debtor is barred from refiling a bankruptcy for a period of time, or barred from discharging certain debts in any future bankruptcy case.

Disposable income: Income which is received by the debtor and which is not reasonably necessary for maintenance or support of the debtor or a dependent of the debtor.

Dispute: A disagreement about your right to payments, services or other benefits.

Dissolution: The process of shutting down a corporation, settling its affairs, and ending its life by termination and liquidation.

Distribution: The payment to creditors of money generated by the liquidation of a debtor's property.

Dividend: A share of profits issued to the holders of shares in a corporation. Dividends can be paid in shares of stock or other property such as shares in a subsidiary or parent company.

Dividend priority: Special rights enjoyed by holders of a secondary class of stock that entitle holders to receive dividends before other shareholders.

Docket: A summary system kept by the clerk's office which contains a record of all pleadings, court orders and other important activities in a case.

Documentation preparation fee: A fee charged by the settlement agent (escrow company or attorney) to ready the necessary paperwork for closing.

Doing business: Carrying on the normal activities of a corporation on a regular basis or with substantial contacts-not just an occasional shipment.

Doing business as (DBA): A company whose operating name differs from its legal name

is said to be "doing business as" the operating name. Some states require DBA or "assumed name" filings to be made for the protection of consumers conducting business with the entity.

Domestic corporation: In general, a corporation whose articles of incorporation are filed in the state in which it operates and maintains its principal office.

Down Payment: The portion of the purchase price of a home that the buyer pays in cash and does not finance.

Dram Shop Rule: A statute (Dram Shop Act) or case law in 38 states which makes a business which sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated or close to it, a crime.

Drop-dead clause: A provision in a contract or rehabilitation plan that requires exact compliance with the debtor's obligations and gives the creditor an immediate right of action in the event of default.