A dead man's statute states that in a civil action, a party with an interest in the litigation may not testify against a dead party about communications with the dead party. In Larkin v. Metz, 398 Pa.Super. 235, the court noted that the “...
trial process/advocacy
death penalty
The death penalty is the state-sanctioned punishment of executing an individual for a specific crime. Congress, as well as any state legislature, may prescribe the death penalty, also known as capital punishment, for crimes considered capital...
decide
To decide is to determine an issue or issues; to reach a decision on a legal issue or issues.
[Last updated in July of 2021 by the Wex Definitions Team]
dedimus potestatum
Dedimus potestatem (which translates to “we have given the power”) is an outdated term that refers to some special authority granted to an individual by a court. In American law, the term means authority given to someone to depose a witness....
demand letter
A demand letter is a letter, usually written by an attorney on a client’s behalf, outlining the dispute between the two opposing parties and demanding that the recipient of the letter take or cease a certain action. The purpose of a demand...
deponent
A deponent is the individual whose deposition, or sworn, out-of-court testimony, is taken during the discovery process. The deponent can either be a party to the case, a witness who will later testify at trial, or anyone with knowledge of...
depose
Depose refers to the act of questioning a deponent under oath, either a witness or a party to a lawsuit, at a deposition. Deposing occurs during the pre-trial discovery process. Rule 30 and Rule 31 of the Federal Rules of Civil Procedure...
deposition
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Oral...diligence
Diligence is the use of care or persistence in performing duties; thorough attention to a matter; heedfulness; assiduity. Diligence is the opposite of negligence.
Due diligence is the use of reasonable care ordinarily...
diminished capacity
"Diminished capacity," as opposed to "not guilty by reason of insanity."
Diminished capacity is a theory that a person due to unique factors could not meet the mental state required for a specific intent crime. A diminished...