Latin for Lawyers

L ATIN FOR L AWYERS

DEBT, DEBTOR [L. debeo, debere / to owe] Anything owed. An obligation to pay or provide something of value. A sum of money due from one person to another, usually for money loaned or for the value of something sold. A bad debt is a debt which cannot be collected. At common law, an action to recover money owed was called an action of debt . A debtor is any person who owes a debt. Under the Bankruptcy Code, a per son who files a petition or against whom an involuntary petition is filed is called a debtor . DE CAPITE MINUTIS [L. de + capite / head + minuere / to make smaller] Literally, to make the head smaller. Describes a person who has been deprived of her citizenship. DECEIT, DECEIVE, DECEPTION [L. decipio, decipere / to cheat, deceive] Deceit is a deliberate act of concealment or fraud. An action for deceit is an action in tort to recover for damages caused by the defendant's lies or con cealment. To deceive is to lead another to believe a fact which is false. Decep tion is the act of misleading someone into believing the truth of something which is in fact false and untrue. A trick; a lie or falsehood. DECIDE [L. decidere, from de + caedare / to cut down, to strike] To reach a conclusion; to arrive at a solution or resolution. To choose a course of action. In law, a court decides or resolves an issue or dispute, by weighing the proof and evidence for and against. DECISION [L. decidere In law, a determination or adjudication pronounced by a court or by an administrative agency resolving the issues and matters referred to it by the parties. A statement of the findings of fact and conclusions of law reached by the court after hearing and weighing all the proof and evidence submitted to it. Decisions may be reached at various stages in a trial or proceeding, includ ing decisions on motions, etc. DECLARATION [L. declarare / to make visible or clear] To make clear or emphatic. To announce, make public. Also, the name for the first pleading in a common law action, now commonly called the complaint. Also, the statement of incoming merchandise or goods made to customs agents by persons entering the United States. DECLARATORY JUDGMENT A judicial pronouncement of the rights and duties of parties who petition the court to determine and define those rights and duties without requesting any other relief (such as damages or an injunction). The court will issue a declar atory judgment if there is a controversy between the parties which can be

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