Latin for Lawyers

L ATIN FOR L AWYERS

DEDI ET CONCESSI [L. dare / to give + concessio / a giving-up, the act of yielding] I have given and yielded. These were the words of grant used in Roman deeds. DE DOLO MALO [L. de + dolus / a scheme or device; fraud + malus / bad, evil] From an evil or wicked scheme. Arising out of fraud or deceit. DEDUCT, DEDUCTION [L. deduco, deducere / to lead away; to draw away; to take away] To subtract from an amount; to take away part of a number. A deduction is any amount which can be subtracted from gross income under applicable tax laws or regulations in order to adjust or decrease the amount of tax which would otherwise be due. A charitable deduction is the deduction permitted for the taxpayer's contributions to a qualified charity. In computing federal income taxes, deductions are allowed for business expenses, dependents, some medical expenses, etc. DEDUCTIBLE [L. deduco, deducere ] An amount allowed as a deduction in computing taxes due. Also, the clause in an insurance policy which permits an insurance carrier to subtract from its payments an amount specified in the clause. DE FACTO [L. de + facere / to make do] In fact; in reality; actually. Anything which exists in fact but not necessarily of right. A body, group, institution, committee, person or entity which exer cises, or acts in given circumstances as though it had, the authority to perform a given act, without necessarily having such authority. A usurpation of authority. Used in conjunction with other words or phrases, as follows: de facto authority; de facto board of directors; de facto court; de facto incum bent; de facto judge; de facto jury; de facto officer; de facto trustee; de facto segregation. In all these cases, the sense is of authority claimed or exercised without legal right. A de facto merger occurs when one corporation pur chases the assets of another and assumes all its debts but fails to call the transaction a merger. See DE JURE DEFALCATE [ L. de + falcatus / sickle, scythe — to take another’s scythe or tool] To misappropriate funds or money in one’s charge; to embezzle; to misapply trust funds.

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