Law Dictionary
	Search:

domitae naturae (dom-a-tee na-tyoor-ee). [Latin], Of a tame nature; not wild. This term usu. refers to long-domesticated animals, such as sheep or cattle, in which a person has absolute property rights. But it can also refer to naturally wild animals that have been tamed.

dommage surven (daw-mazh suur-va-noo). [French), Damage sustained. This is from article 17 of the Warsaw Convention providing for compensatory damages, rather than awards for loss of society or punitive damages, for bodily injury that a passenger suffers while on board an aircraft, or while boarding or disembarking.

domo reparanda (doh-moh rep-a-ran-da), 11. [Latin "to repair a house"]. A writ available to a person to force a neighbor who owns a decrepit house to repair it because the person is worried that the neighbor's house will fall and cause injury.

domus (doh-mas), n. [Latin], A house; an abode.

domus conversorum (doh-mas kon-var-sor-am), n. [Law Latin "house of the converts"]. An institution, established by Henry III for converted Jews, that continued until Edward III expelled Jews from the kingdom and converted the institution to a chancery record office.

domus dei (doh-mas dee-i), n. [Law Latin] House of God. This term was applied to various hospitals and religious houses, such as the Hospital of St. Julian in Southampton.

domus procerum (doh-mas pros-a-ram), n. [Latin "house of nobles"), The House of Lords. Abbr. Dam. Proc.;D.P.

donatarius (doh-na-tair-ee-as), [Latin] A donee; a gift recipient.

donate vb. To give (property or money) without receiving consideration for the transfer. donation, n. donative (doh-na-tiv), adj.

donated stock See STOCK.

donated stock Stock donated to a charity or given to a corporation by its own stockholders, esp. for resale.

donated surplus See SURPLUS.

donated surplus 1. Assets (such as stock) contributed to a corporation. 2. The increase in the shareholders equity account resulting from such a contribution.

donatio (doh-nay-shee-oh). [Latin). A gift.

donatio causa mortis (doh-nay-shee-oh kaw-za mor-tis), n. See gift causa mortis under GIFT. PI. donationes causa mortis.

donatio inofficiosa (doh-nay-shee-oh in-a-fish-ee-oh-sa). [Latin "inofficious gift") A gift so large that it diminishes an heir's birthright portion of the donor's property.

donatio inter virum et uxorem (doh-nay-shee-oh in-tar vi-ram et ak-sor-am). [Latin] Roman law. Donation between husband and wife. With a few exceptions (such as suitable anniversary gifts), a donation between spouses was invalid, but might be confirmed if the donor died without revoking it.

donatio inter vivos (doh-nay-shee-oh in-tar vi-vohs). See inter vivos gift under GIFT.

donatio mortis causa See gift causa mortis under GIFT. PI. donationes mortis causa.

donatio propter nuptias (doh-nay-shee-oh prahp-tar nap-shee-as). [Latin "a gift on account of marriage"], Roman law. A gift from a husband to his wife equivalent to her dowry and subject to similar conditions. It was formerly called donatio ante nuptias ("gift before marriage") because it was not allowed after the marriage celebration. Justinian later changed the law and the name. See DOS.

donatio velata (doh-nay-shee-oh vi-Jay-ta). [Latin]. A veiled gift; a concealed gift.

donation 1. A gift, esp. to a charity.

donation act Property. A statute granting public lands to settlers who satisfy certain conditions or to veterans as a reward for military service. See donation land, bounty land under LAND.

donation claim A claim for ownership of land under a donation act or bounty-land warrant. See DONATION ACT; BOUNTY LAND WARRANT.

donation claim- See CLAIM (3).

donation deed A deed granted by the government to a person who either satisfies the statutory conditions in a donation act or redeems a bounty-land warrant. See DONATION ACT; BOUNTY-LAND WARRANT.

donation deed- See DEED.

donation land See LAND.

donation land Land granted from the public domain to an individual as a gift, usu. as a reward for services or to encourage settlement in a remote area. The term was initially used in Pennsylvania to reward Revolutionary War soldiers. Cf. certificate land.

donation purely gratuitous Louisiana law. An unconditional inter vivos gift. Cf. onerous donation.

donative (don-a-tiv or doh-na-tiv), adj. 1. Of, relating to, or characterized by a donation <a donative transter>. 2. Subject to a donation <an advowson donative>.

donative advowson See advowson donative.

donative advowson- See advowson donative under ADVOWSON.

donative intent See INTENT (1).

donative intent The intent to surrender dominion and control over the gift that is being made.

donative trust See TRUST.

donator (doh-nay-tar or doh-nay-tar also -tor), n. [Latin] A donor; a person who makes a gift.

donatory (don-a-tor-ee or doh-na-tor-ee), n. Scots law. A recipient of a gift; specif., a donee of the Crown. "A donatory is the donee or receiver of a gift or donation. In practice, the term is applied exciusively to the person to whom the Crown makes a gift. as of escheat, ultimus haeres, or the like." William Bell, Bell's Dictionary and Digest of the Law of Scotland 299 (George Watson ed., 1882).

donee (doh-nek). (Latin]. As long as; while; until; within a certain time .o This term was used in old conveyances.

donee- (doh-nee). 1. One to whom a gift is made; the recipient of a gift. 2. The person in whose favor a power of appointment is created or reserved. See DONEE OF POWER.

donee beneficiary A third-party beneficiary who is intended to receive the benefit of the contract's performance as a gift from the promisee.

donee beneficiary- See BENEFICIARY.

donee of power A person who has been given a power of appointment, i.e., the power to dispose of someone else's property. Often shortened to donee. See DONEE (2). Cf. DONOR (3).

donee probetur in eontrarium (doh-nek proh-bee-tar in kan-trair-ee-am). [Latin] Until proocis given to the contrary.

donor 1. One who gives something without receiving consideration for the transfer. 2. SETTLOR (1). 3. The person who creates or reserves a power of appointment. Cf. DONEE OF POWER.

donor-advised fund See donor-advised trust under TRUST (3).

donor-advised trust See TRUST (3).

do-not-resuscitate order A document, executed by a competent person, directing that if the person's heartbeat and breathing both cease while in a hospital, nursing home, or similar facility, no attempts to restore heartbeat or breathing should be made. - Abbr. DNR order. - Also termed advance directive.

donum (doh-nam), n. [Latin "a gift"], Roman law. A gift.

donum gratuitum See gratuitous gift under GIFT.

doom 1. A statute or law. 2. A judgment; esp., a sentence in a criminal matter. 3. Justice; fairness. 4. A trial; the process of adjudicating. "The word 'doom' is, perhaps, best translated as 'judgment.' It survived in occasional use until the fourteenth century. Wyclif's translation of the Bible, rendering the verse, 'For with what judgment ye judge, ye shall be judged: as 'For in what dome ye demen, ye schuln be demed.' The distinction which we make to-day between the legislator, who makes the law, and the judge, who interprets, declares and applies it, was not known to our Anglo-Saxon ancestors. The dooms were judgments in the sense that they were declarations of the law of the people." W.J.V. Windeyer, Lectures on Legal History 1 (2d ed. 1949).

doombook [fr. Saxon dombec]. A code, compiled under Alfred, containing maxims of common law, judicial forms, and criminal penalties. The code existed until the reign of Edward IV, when it was lost. - Also termed domebook (doom buuk); domboc; liber judicialis ofAlfred.

doomsday book See DOMESDAY BOOK.

door-dosing statute A state law closing or denying access to local courts unless a plaintiff meets specified conditions; esp., a statute requiring a foreign corporation to "qualify" before doing business in the state, including registering with the secretary of state, paying a fee or tax, and appointing an agent to receive service of process.

doorkeeper Parliamentary law. An officer charged with regulating access to the chamber or hall where a deliberative assembly meets. Also termed guard.

doorstep loan See LOAN.

doowop docket Slang. See DWOP docket under DOCKET (2).

dope 1. A thick liquid used esp. for medicinal purposes. 2. Slang. A drug, esp. a narcotic.

dormant (dor-mimt), adj. Inactive; suspended; latent <a dormant judgment>. - dormancy, n.

dormant claim A claim that is in abeyance.

dormant commerce clause The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even when Congress has not acted under its Commerce Clause power to regulate that activity. Also termed Negative Commerce Clause.

dormant commerce clause- See COMMERCE CLAUSE.

dormant corporation 1. An inactive corporation; a legal corporation that is presently not operating. 2. A corporation whose authority to do business has been revoked or suspended either by operation of law (as by failure to pay franchise taxes) or by an act of the government official responsible for the corporation's authority.

dormant corporation- See CORPORATION.

dormant execution See EXECUTION.

dormant execution- An execution authorizing an officer to seize and hold property rather than sell it, until further notice.

dormant judgment See JUDGMENT.

dormant judgment A judgment that has not been executed or enforced within the statutory time limit. As a result, any judgment lien may have been lost and execution cannot be issued unless the judgment creditor first revives the judgment. See REVIVAL (1).

dormant legislative intent See LEGISLATIVE INTENT.

dormant partner See silent partner under PARTNER.

dormant partner See silent partner.

dormant title See TITLE (2).

dorsum (dor-sam). [Latin), The back. This term usu. appeared as part of the phrase in dorso to indicate that an instrument had been signed on the back. In dorso recordi, for example, meant "on the back of the record." "In the first place then the payee, or person to whom or whose order such bill of exchange or promissory note is payable, may by endorsement, or writing his name in dorso or on the back of it, assign over his whole property to the bearer, or else to another person by name ...." 2 William Blackstone, Commentaries on the Laws of England 468 (1766).

dos (dos), n. [Latin) 1. Roman law. Dowry. "Dos was a gift made to the husband on the part of the wife as her contribution towards the expenses of the joint establishment. It was made by the wife or by another person on her behalf, usually before marriage and condi· tionally on the marriage taking place; but it might also be made or increased after marriage." RW. Lee, The Elements of Roman Law 150 (4th ed. 1956).

dos adventitia (dos ad-ven-tish-ee-a). [Latin) Roman law. A dowry brought by a bride to her husband when furnished by someone other than the bride or her father.

dos attack See DENIAL-OF-SERVICE ATTACK.

dos profectitia (dos proh-fek-tish-ee-a). [Latin] Roman law. A dowry brought by a bride to her husband when furnished by the bride's father or the bride herself.

dos rationabilis See dower by the common law under DOWER.

dos receptitia (dos ree-sep-tish-ee-a). [Latin], Roman law. A dowry (whether adventitia or proJectitia) that is specially stipulated to be returnable to the giver when the marriage ends. 2. Hist. Dower.

dose 1. To conclude; to bring to an end <the case was closed>. 2. To conclude discussion or negotiation about <close on a house>. See CLOSING.

dosed-end mortgage bond See BOND (3).

dossier (dos-ee-ay), n. [French] A file or brief; a bundle of papers pertaining to a particular matter.

dot abbr. DEPARTMENT OF TRANSPORTATION.

dot- (dot or dawt), n. [French fro Latin dos], Civil law. Dowry; the property that a woman brings to the marriage to help with marriage expenses. The income is usu. controlled by the husband, while the principal remains the wife's separate property.

dotage (doh-tij). 1. Senility; feebleness of a person's mind in old age. 2. Foolish affection; excessive fondness.

dotal (doht-al), adj. Of or relating to dowry. See DOWRY.

dotal property See PROPERTY.

dotal property Separate property that the wife brings to the marriage to assist the husband with the marriage expenses. Cf. extradotal property.

dotalitium (doh-ta-lish-ee-am), n. [Law Latin). Dower. "[S]ome have ascribed the introduction of dower to the Normans, as a branch of their local tenures; though we cannot expect any feodal reason for its invention, since it was not a part of the pure, primitive, simple law of feuds, but was first of all introduced into that system (wherein it was called ... dotalitium) by the emperor Frederick the second; who was contemporary with our king Henry III. It is possible therefore that it might be with us the relic of a Danish custom: since, according to the historians of that country, dower was introduced into Denmark by Swein, the father of our Canute the great, out of gratitude to the Danish ladies, who sold all their jewels to ransom him when taken prisoner by the Vandals." 2 William Blackstone, Commentaries on the Laws of England 129-30 (1766).

dotation (doh-tay-shan), n. 1. The act of giving a dowry. 2. An endowment, esp. offunds for a charitable institution such as a hospital.

dote (doht), vb. 1. To be silly due to old age. 2. To bestow excessive fondness.

dote assignanda (doh-tee as-ig-nan-da). See DE DOTE ASSIGNANDA.

dote unde nil habet (doh-tee om-dee nil hay-bet). See DE DOTE UNDE NIL HABET,

dotis administratio (doh-tis ad-min-a-stray-shee-oh). See DE ADMENSURATIONE DOTIS.

dotissa (doh-tis-a), n. [Law Latin) A dowager.

double commission A commission obtained by a person acting in dual roles, each of which generates a commission, such as a person serving as both executor and trustee in an estate matter. Double commissions paid without proper authority or disclosure may raise fiduciary-duty issues. See FIDUCIARY; fiduciary duty under DUTY (2).

double hearsay A hearsay statement that contains further hearsay statements within it, none of which is admissible unless exceptions to the rule against hearsay can be applied to each level <the double hearsay was the report's statement that Amy had heard Joe admit running the red light>. Fed. R. Evid. 805. - Also termed multiple hearsay; hearsay within hearsay.

double adultery Adultery between persons who are both married to other persons.

double adultery- See ADULTERY.

double agent See dual agent (2).