Cross-examination: In a trial, each side calls its own witnesses and may also question the other side”s witnesses under oath. Examination-in-chief is the questioning of a party”s own witnesses cross-examination involves questioning the other side”s witnesses. A party may not put leading questions (which suggest the answer, or require a simple yes or no) to his own witness, but he may ask such questions in cross-examination.

Curtilage: Land around a dwelling house, used by the occupants for their enjoyment or work. Curtilage may be enclosed by fencing and includes any outhouses such as sheds, garages or workshops.

Damages: Financial compensation ordered by a court to offset losses or suffering caused by another person”s action or inaction. Damages are typically awarded in claims for breach of contract, negligence or breach of statutory duty.

De facto: (Latin: in fact) Something which exists in fact, though not necessarily approved by law (de jure). A common law spouse may be referred to as a de facto spouse, although not legally married.

De minimis non curat lex: (Latin: the law does not concern itself with trifles) A common law principle whereby very minor transgressions of the law are disregarded. Under the Consumer Information Act 1978, for example, a description must be false “to a material degree” to constitute an offence.

De novo: (Latin: anew) Used to refer to a trial which begins all over again, as if any previous partial or complete hearing had not occurred. A District Court appeal is heard by the Circuit Court de novo, with the court considering afresh all the law and facts.

Debtor: Person who owes money, goods or services to a creditor. If a court judgment has been registered against the person owing the money, he is known as a judgment debtor.

Deed: Written and signed document which sets out the agreement of the signatories in relation to its contents. Under common law, a deed had to be sealed – marked with an impression in wax. A deed is delivered by handing it to the other person. Usually a deed (or some other written evidence) is required in relation to actions involving land.

Defence: Response to claim by plaintiff.

Defendant: Person, company or organization which defends a civil action taken by a plaintiff and against whom the court is asked to order damages or corrective action to redress some unlawful or improper action alleged by the plaintiff. Also a person charged with a criminal offence.