DD
Form 214: The term “DD-214” is
often used generically to mean “separation papers”
or “discharge papers”, no matter what form
number was used to document active duty military service.
A DD-214 is issued to military members upon separation
from active service and was issued to separated service
members beginning in the 1950’s.
Damages: Monetary
compensation that the law award to one who has been
injured by the action of another; monetary recompense
for a legal wrong such as a breach of contract or a
tortuous act.
Dangerous Weapon (or Instrument):
Almost any device that has the potential to cause serious
bodily injury or endanger life.
DBA: Abbreviation
for “Doing Business As”. Trade name. Usually
filed at the County Records Office.
Decision-Making: The
process of evaluating and judging information gathered
and relating it to the specific requirements of the
position for which the applicant is applying.
De-Novo: Latin for
“anew” or “afresh.” Usually
used as Trial De Novo. New trial, or one that is held
for a second time, as if there had been no previous
trial or decision.
Dead Docket: The case
never went to trial. The case can be reopened if new
evidence is submitted.
Deadly Weapon: Any
device capable of causing death or serious bodily injury.
An instrument may be intrinsically deadly, as a knife
or pistol, or deadly because of the way it is used,
as a wrench or hammer.
Debt: An obligation
of one person to pay or compensate another.
Debtor: One who owes
another anything, or is under obligation, arising from
express agreement, implication of law, or principles
of natural justice, to pay money or to fulfill some
other obligation; in bankruptcy or similar proceedings,
the person who is the subject of the proceedings.
Defamation: Untrue
statements made about another that damage his/her reputation.
See libel and slander.
Default Judgment:
1. A judgment against defendant who has failed to respond
to plaintiff’s action or to appear at the trial
or hearing. 2. Judgment given without the defendant
being heard in his own defense.
Defendant: Civil:
The part responding to the complaint. Criminal: The
accused.
Deferred Probation:
The judge doesn’t make a finding of guilt; he
assigns probation. If probation is completed without
incident, the charges are typically dropped.
Deferred Sentence:
Defendant found to have committed the crime, conditions
imposed and now awaits sentencing on final outcome.
Defraud: Knowingly
misrepresenting facts to cheat or trick.
Degree (First, Second, or Third, A,
B, or C):
Classification assigned to a crime,
depending on circumstances, for purposes of determining
punishment. First degree is considered more serious
than third; A is more serious than C. Degrees may be
assigned to the actual crime (i.e. murder in the first
or second degree) or the class of crimes (i.e. felony
or misdemeanor).
Deposit Account Fraud:
Georgia: Bad checks.
Directed Verdict:
A determination by a jury, made at the direction of
the judge. A directed verdict happens in cases where
there has been a lack of evidence, an overwhelming amount
of evidence, or where the law is in favor of one of
the parties.
Discharge: 1. To satisfy
or dismiss the obligation of contract of debt. 2. The
method by which a legal duty is extinguished.
Discovery: The pre-trial
devices that can be used by one party to obtain facts
and information about the case from the other party
in order to assist the party's preparation for trial.
Dismissal: Finally
disposing of the cause without further consideration.
May be voluntary or involuntary. When involuntary, there
is usually lack of prosecution or failure to produce
sufficient evidence.
Dismissed: The judge
orders the disposing of an action without trial of the
issues involved or without any further consideration
or hearing.
Dismissed With Prejudice:
Such a dismissal is on the merits of the case and does
bar a subsequent suit on the same cause of action.
Dismissed Without Leave; North
Carolina: The DA dismissed the charge/case,
etc.
Dismissed Without Leave After
Deferred: Prosecution charges dismissed after
specified time (90 days to 1 year) provided certain
conditions have been met such as participating in specified
program of anger control or drug counseling or providing
community service, etc.
Dismissed Without Prejudice: Such a
dismissal is not on the merits and does not bar a subsequent
suit on the same cause of action, nor affect any right
or remedy of the parties.
Disorderly Conduct:
Broadly signifies conduct that tends to breach the peace
or endangers the morals, safety or health of the community.
Disposed/Disposition:
The final settlement in the matter. Examples of disposed
cases are those with a finding of guilt (conviction),
innocence, or acquittal.
District Court: In
the federal court system a district court is a trial
court for federal cases in a court district. A court
district may consist of an entire state or only a part
of it. District courts have original jurisdiction, exclusive
of courts of the individual states, of all offenses
against laws of the United States. District Court also
refers to inferior courts in several states having limited
jurisdictions to try certain minor cases.
Diversion Granted:
Pre-trial intervention, first-time or petty criminal
offenders are not subjected to the regular judicial
process, usually placed on probation for no more than
1 year. Not an admission of guilt or a conviction.
Diversion Program:
A court direction which calls for a defendant, who has
been found guilty, to attend a work or educational program
as part of probation. May include some type of anger
management, drug rehab, etc. If the conditions of the
program are met, charge may be considered a non-conviction.
Diversity of Citizenship:
A crime of claim, which extends between citizens of
different states. This is one of the grounds that can
be used to invoke the jurisdiction of the U.S. Federal
District Court. Divorce: Dissolution of the bonds of
marriage.
DMV Hold: The court
notifies the Department of Motor Vehicles for non-compliancy
in criminal cases to place a hold for renewing a driver’s
license or car registration until the criminal matters
are taken care of.
DOB: Date of Birth
Docket Record: A court’s
official record of proceedings and calendar of upcoming
cases.
Drug Treatment Court:
The federal and California state governments are jointly
promoting the expansion of “drug treatment courts.”
Drug courts combine the close supervision of the judicial
process with the resources available through alcohol
and drug treatment services. The goals are to reduce
recidivism of drug-related offenses and to create options
within the criminal justice system to tailor effective
and appropriate responses to offenders with drug problems.
DUI: Driving under
the influence.
Due Diligence: The
attention and care that a reasonable person exercises
under the circumstances to avoid harm to other persons
or their property. Failure to make this effort is considered
negligence.
Due Process of Law:
Procedures followed by law enforcement and courts to
insure the protection of an individual’s right
as assigned by the Constitution.
Duty: Obligatory conduct
owed by a person to another person.
DWAI: Driving while
ability impaired.
DWI: Driving while
intoxicated, alcohol or drugs. Complete intoxication
is not required. Individual state statutes specify the
blood alcohol content at which a person is presumed
to be under the influence of intoxicating liquor.
DWLS: Driving while
license suspended. |