Latin for Lawyers

DEFAMATION

DEFAMATION [L. dis + fama / report, rumor, reputation, public opinion] To malign or harm the reputation of another through either libel or slander. The publication of anything which attacks or diminishes the name or reputa tion of another. Exposing another to public ridicule or scorn. DEFAMATION PER QUOD Published language or matter which is not clearly and obviously defamatory on its face but which can be shown by external proof to apply to the com plainant and which were published with the intent required for either libel or slander. See PER QUOD DEFAMATION PER SE Published language or matter which is clearly defamatory on its face. DEFAME [L. dis / separate, apart + fama / rumor, public opinion, reputation] To attack the reputation of. To slander or libel. To spread rumors or news about a person with intent to damage his standing or reputation. DEFEASANCE [L. de + facio, facere / to make, do] To undo; to make null and void. To terminate a property right as provided in a deed or other legal instrument. A term or condition in an instrument, e.g., a will or deed, which operates to terminate an interest in property. DEFECT, DEFECTIVE [L. deficere / to fail, undo] An essential lack or shortcoming. An imperfection that reduces value or util ity. In law, a defect is a flaw that is recognized as having a negative impact on a right. The party who is responsible for the defect may be required to correct it or to compensate the aggrieved party in damages. A defect of parties , is the lack of all parties necessary to give a court jurisdiction over a matter. Lawyers talk of defective pleadings, defective title, a defective record. In all these instances, they are describing a lack of some essential requirement or detail. DEFECTUS JURISDICTIONIS [L. defectus / a fault or failing + iurisdictio / judicial authority] A lack or failure of jurisdiction. DEFECTUS SANGUINIS [L. deficere / to fail, undo + sanguis / blood] Lack of a blood relationship. Having no heirs capable of inheritance. DEFEND, DEFENSE [L. defendere / to repel, fight off] To protect against. To repel danger or an attack. To guard a place or position against an enemy. In law, to oppose a claim or action. To plead against a com plaint or petition. To deny allegations or arguments by the other party. A

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