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.
Tag: Legal Terms
De minimis non curat lex
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
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
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
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
Defence: Response to claim by plaintiff.
Defendant
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.
Delegatus non potest delegare
Delegatus non potest delegare: (Latin: a delegate cannot delegate) A person to whom authority or decision-making power has been delegated by a higher source, cannot delegate that power to someone else, unless the original delegation explicitly authorised it.
Deponent
Deponent: Person who swears an affidavit or deposition.
Descendant
Descendant: Persons born of, or from children of, another. Grandchildren are descendants of their grandparents, as children are descendants of their natural parents. The law distinguishes between collateral descendants, such as nephews and nieces, and lineal descendants, such as sons and daughters.