Glossary
This glossary may be used to find the definitions of many legal terms.
In many instances, there are synonyms and plain language options provided for the terms.
You may search within this glossary:
- by entering a term in the “Keyword Search” field.
- by choosing a “Type” from the drop-down list such as “Estate” or “Small Claims.”
- by choosing the beginning letter in the “Filter by Letter” drop-down list to display only the terms that start with that letter.
A combination of these search options can be used to provide a more defined result.
Note that this glossary may not contain all legal terms.
| Term | Definition | Plain Language | Synonyms | Type | |
|---|---|---|---|---|---|
| Defendant | A person sued in a civil proceeding or accused in a criminal proceeding. | accused | litigant, offender | General Terms, Domestic Relations, Small Claims, News Reporter Guide, District Court Civil, County Court Civil, Court Reporting | |
| Defense | For civil cases, such as eviction, the facts and arguments that the defendant gives the court to support and prove his/her case. | explanation | explanation, excuse, reply, response | General Terms | |
| Defense attorney | In a criminal case, the lawyer who represents the defendant. | General Terms | |||
| Deferred compensation | An arrangement in which income is paid later than is usually done. This is often done for some tax benefit. | postponed | delayed, postponed | General Terms | |
| Deferred fine | Also called a fine stay, it is when the payment of a fine is postponed. | delay payment | extended time to pay | General Terms | |
| Deficiency | The balance of the debt after the security for a loan is sold because of a foreclosure or repossession. | shortage | a lack, shortage, inadequate | General Terms | |
| Deficit | When expenses and debts are more than assets and income. | loss | loss, shortfall, deficiency | General Terms | |
| Defraud | To trick or deceive to get something of value from someone else. | swindle | con, swindle, rip off, trick | General Terms | |
| Delegate | To give some power to another person (v.) or the person appointed to hold said power (n.). | appoint; appointee | authorize, designate, alternate, substitute, agent | General Terms | |
| Deliberate | When a judge or jury considers the facts of a case so they can come to a decision. | discuss | consider, analyze, discuss, contemplate, debate | General Terms | |
| Deliberations | When a jury goes to a private jury room to discuss the evidence and testimony and reach a verdict. | discussions | considerations, discussions | General Terms | |
| Delinquent | A minor (a child who is not an adult yet) who has done what would be called a crime, if s/he were an adult. | juvenile offender | juvenile offender | General Terms | |
| Delivery | When something (land, money, etc.) is legally given to another person even if the actual object is not yet delivered. For example, a deed that has been recorded, may be called delivered. | transfer | handing over | General Terms | |
| Demand | A written or verbal request for something that the requestor has a legal right to. | claim | Request under legal authority, claim | General Terms | |
| Demand letter | A written document that asks for compensation or action to solve a dispute. It is often the first step in a legal disagreement. | written claim | General Terms | ||
| Demand note | A kind of promissory note that is payable whenever the holder of the note asks for payment. This is different from a note due at a specific time, upon occurrence of an event, or by installments. | IOU | IOU, promissory note | General Terms | |
| Demise | 1. Transfer of real estate by a lease or will. 2. death. | 1. transfer 2. death | General Terms | ||
| Demur | To file a pleading (called "a demurrer") admitting the truth of the facts in the complaint or answer, but contending they are legally insufficient. | challenge | object, challenge, dispute | General Terms, News Reporter Guide | |
| Demurrer | defendant's assertion that the plaintiff's complaint is insufficient, or does not state a cause of action upon which relief can be granted. | objection | objection | General Terms, District Court Civil, County Court Civil, Court Reporting | |
| Denial | A statement by a defendant that an allegation (claim of fact) is not true. Once a denial is filed in a juvenile case, the state is required to prove the allegations by a preponderance of the evidence in most cases and by clear and convincing evidence in cases involving termination of parental rights. | General Terms, News Reporter Guide | |||
| Dependent | One who relies on another for support; one not able to exist or sustain oneself without the power or aid of someone else. | depending on | reliant, counting on, depending on | General Terms, Domestic Relations | |
| Dependent benefits | A Social Security benefit available to spouses and children of retired or disabled workers who qualify for either retirement or disability benefits under Social Security guidelines. | General Terms | |||
| Deponent/deposed | the person being questioned in a deposition, who then is said to be deposed. | witness | affiant, attestant | General Terms, Court Reporting | |
| Depose | To question someone at a deposition (testimony under oath taken outside of the courtroom before trial). | question | question under oath | General Terms | |
| Deposition | The testimony of a witness not taken in open court, but in pursuance of authority given by statute or rule of court to take testimony elsewhere. A written declaration under oath or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or made upon written interrogatories. | sworn statement away from court | General Terms, News Reporter Guide, District Court Civil, County Court Civil, Court Reporting | ||
| Derelict | Something or someone who is abandoned and in very poor condition, such as a homeless person ignored by family and society. | neglected | neglected, careless, irresponsible, unreliable | General Terms | |
| Dereliction | Abandoning and subsequent poor condition; to not fulfill one's duty. | desertion | General Terms | ||
| Derivative action | A lawsuit brought by a shareholder against the corporation's directors, other shareholders of the corporation, or a third party for failure of management or fraud. | General Terms | |||
| Descent | The transfer of ownership of property through inheritance - not by purchase or other method of transfer. The rules of inheritance without a will. | pass property to descendants. | General Terms | ||
| Desert | To intentionally abandon someone or something. | abandon | Abandon, forsake, give up, vacate | General Terms | |
| Desist | Stop. | stop | Stop, refrain from, cease | General Terms | |
| Detention | The time during which a juvenile is kept away from his home by law enforcement, a probation officer, or by the Nebraska Department of Social Services. | General Terms, Juvenile | |||
| Detention Hearing | Law violators-A detention hearing is held before a judge. At this hearing a decision is made as to whether the juvenile will continue to be detained or if another placement will be ordered. When a juvenile is detained in a detention center, a petition and an evidentiary hearing must be filed within 48 hours of being detained. | General Terms, Juvenile | |||
| Determinable | Capable of being decided or calculated. | provable | Ascertainable, measurable | General Terms | |
| Determinate sentence | A jail or prison sentence that is for a definite period of time, and not subject to review by a parole board or other agency. (An indeterminate sentence, such as 20 years to life, has a specified minimum term, but the final date is decided by a parole board.) | exact sentence | General Terms | ||
| Determination | A judgment or decision made by a judge. | judgment | Judgment, decision, verdict | General Terms | |
| Devise | (NOUN) Testamentary disposition of real or personal property. (VERB) To dispose of real or personal property by will. | give in a will | General Terms, Guardian and Conservator, Estates | ||
| Devisee | A person designated by will to receive any property. Note: In the case of a devise to a trust or trustee described by will, the trust or trustee is the devisee and the beneficiaries are not devises. | heir | heir, recipient, beneficiary, receiver, inheritor | General Terms, Guardian and Conservator, Estates | |
| Devisor | Someone who leaves real estate (or sometimes other kinds of property) by will. | on who gives in a will | General Terms | ||
| Devolution | The transfer of rights, powers, or an office (public or private) from one person or government to another. | appointment | transfer of rights, consign, charge, | General Terms | |
| Devolve | When property is automatically transferred from one party to another by operation of law. For example, as when the title of decedent's property passes to the natural heir. | transfer | transfer of property, pass | General Terms | |
| Dicta (singular, dictum) | Comment within a published opinion which does not relate directly to the case at hand but illustrates or explains; it cannot be cited as precedent. Is included as "by the way" remark of the court. (Formally called "obiter dictum"; plural, "dicta"). | comment | annotation, comment | General Terms, Court Reporting | |
| Dictum (plural, dicta) | Comment within a published opinion which does not relate directly to the case at hand but illustrates or explains; it cannot be cited as precedent. Is included as "by the way" remark of the court. (Formally called "obiter dictum"; plural, "dicta"). | explanation | Unenforceable statement/opinion, explanation | General Terms, News Reporter Guide, Court Reporting | |
| Diligence | Careful work or attention. | care | Carefulness, attentiveness | General Terms | |
| Dilution | When a famous trademark or service mark is used in a particular context that tarnishes or blurs the mark's reputation or brand. | reduce value | General Terms | ||
| Diminished capacity | An impaired mental condition, caused by disease, trauma, or intoxication. In some states defendants may use diminished capacity as a defense against criminal charges. It is not the same as insanity. | abnormal mental condition | impaired mental condition | General Terms | |
| Diminution | Decline in value. | decrease | Decrease, taking away, reduction, lessen | General Terms | |
| Direct evidence | 1. Real, tangible, or clear evidence of a fact or happening that requires no thinking or to prove its existence. 2. Proof of facts by witnesses who saw acts done or heard words spoken in relation to a matter directly in issue; as distinguished from circumstantial evidence. | proves a fact | General Terms, News Reporter Guide | ||
| Direct examination | The first interrogation of a witness called on behalf of a party. | first questioning | General Terms, News Reporter Guide, Court Reporting | ||
| Direct income withholding | An order to an employer to withhold child support from an employee's paycheck. | General Terms |