Latin for Lawyers

L ATIN FOR L AWYERS

which permits the trustee to exercise her choices in the allocation and distri bution of principal and interest. DISCRIMINATE, DISCRIMINATION [L. discrimino, discriminare / to sepa rate, break apart, divide] To recognize a difference or distinction between two things. To exercise [sound] judgment. To prefer one thing to another; to treat two things or two persons differently without cause or justification. To impose a difference in treatment of persons on a basis prohibited by law, such as race, sex, color, religion, disability or national origin. Federal law prohibits discrimination in employment, voting rights, housing, public education and access to public facilities. DISHONOR [L. dis + honoro, honorare / to honor, dignify] Lack of respect; shame, rejection. To refuse or neglect to pay a bill, check or note upon presentment. An instrument may be dishonored by nonacceptance (i.e., it is duly presented and acceptance is refused or cannot be obtained) or by nonpayment (i.e., it is duly presented for payment but payment is refused). See U.C.C. § 3-507(1). DISMISS, DISMISSAL [L. dis / apart + mittere / to send, let go] To send away or remove from office or employment; to discharge from employment. To bring about or order the termination of an action or pleading, as when a judge dismisses an action or complaint or a party moves for dis missal . The Federal Rules of Civil Procedure distinguish between involuntary dismissals (which have res judicata effect) and voluntary dismissals by the plaintiff (which do not). DISPOSE, DISPOSABLE [L. dispono, disponere / to put in different places; to distribute; to put in order] To transfer to the control or possession of another. To make a decision about, as to dispose of a problem or a matter. To deal with. Disposable income is the income available to a taxpayer after the payment of his taxes. The money available to a person for his own support and benefit. DISPOSITION [L. disponere ] A ruling or decision of a court or judge which resolves an issue or determines the rights of the parties. The final determination of a matter or a motion. In a criminal trial, the sentence imposed by the court upon the defendant.

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