Latin for Lawyers

DERIVATIVE

DERIVATIVE [L. derivo, derivare / to turn into another channel, change the course of] Anything which owes its existence to another thing from which it came. A thing which emanates from another. A derivative action is an action brought by the stockholders of a corporation to enforce a right which the corporation itself ought to enforce but which it neglects or abandons. Derivative evidence is evidence which cannot be introduced at trial because the evidence from which it is drawn is itself tainted. DEROGATE, DEROGATION [L. derogo, derogare / to modify or repeal; to diminish, detract from] To lessen or take away from. To remove authority or power from, as from an official or executive. DESCEND, DESCENT [L. descendere / to come down, climb down] To pass down from one generation to another. To be transferred from a dece dent to his heirs under the terms of his will or by intestacy. Hereditary succes sion. The passage of title to property from a decedent to his successors. DESCRIPTION [L. describere / to transcribe; to describe or represent] Expressing the nature or character of an object or thing in words or by dia gram. In law, the legend setting forth the boundaries and dimension of a par cel of land and usually contained in a deed, mortgage or other title instrument. Also, in patent law, the explanation of an invention in a patent application. DESCRIPTIVE MARK A trademark which is merely descriptive of the goods or services it identifies. A descriptive mark will be registered only if it can be shown that the mark has attained secondary meaning, i.e., the mark is recognized not only in its primary descriptive sense but also as indicating the source of the product or service it describes. For example, if the word “speedy” were used as a trade mark for a car, it would be merely descriptive unless it acquired a secondary meaning by becoming associated in the public’s mind with a particular make of car. If it were used as the trademark for a line of toys, it would not be con sidered descriptive. DESECRATION [L. de + sacrare / to dedicate to a god, to make holy] To violate the integrity or sanctity of. The wanton destruction of a holy or venerated place or thing; e.g., the national flag. The wilful disturbance of a cemetery or of any burial place. Many states have statutes making desecreta tion of venerated objects a crime. See Model Penal Code §250.9.

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