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Legal Terms - disabling statute
A statute that disqualifies a person or persons of a specified class from exercising a legal right or freedom that he or they would otherwise enjoy
A statute that disqualifies a person or persons of a specified class from exercising a legal right or freedom that he or they would otherwise enjoy
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Legal Terms -disbar verb
To eject a barrister from his Inn of Court. The disbarment sentence is issued by the Benchers of the barrister's Inn, with a right of appeal to the judges serving as visitors of all the Inns of Court
To eject a barrister from his Inn of Court. The disbarment sentence is issued by the Benchers of the barrister's Inn, with a right of appeal to the judges serving as visitors of all the Inns of Court
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Legal Terms -distribution of funds
An expense borne by a solicitor or barrister while representing a client.
An expense borne by a solicitor or barrister while representing a client.
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Legal Terms - discharge
Exemption from an obligation, debt, or liability, specifically the following. 1. Termination of contract. 2. The discharge of a debtor from all *ascertainable obligations (with minor exceptions) upon the conclusion of *bankruptcy procedures. Under specific conditions, discharge occurs automatically. In certain instances, the debtor or the official receiver may petition the court for a discharge order. This may be contingent upon circumstances, such as additional payments by the debtor to creditors from future income, or it may be deferred until creditors obtain a greater part of the owed amount. Upon discharge, the debtor is liberated from the majority of the restrictions imposed upon him as a *undischarged bankrupt. 3. The exoneration of a guilty defendant without the imposition of a penalty. A discharge might be either absolute or conditional. In an absolute discharge, the defendant is not penalized for the offense. His conviction may, however, be accompanied by a compensation order, endorsement of his driving licence, or disqualification from driving. A conditional discharge absolves the prisoner from punishment, contingent upon not being convicted of any other offenses during a designated timeframe (often three years). If he is convicted during that period, the court may impose a term for the initial offense as well. Three criteria must be met for the court to mandate a discharge: (1) a community sentence is deemed inappropriate; (2) the penalty for the offense is not legally prescribed; and (3) the court considers it unwise to impose punishment on the defendant given the circumstances.
Exemption from an obligation, debt, or liability, specifically the following. 1. Termination of contract. 2. The discharge of a debtor from all *ascertainable obligations (with minor exceptions) upon the conclusion of *bankruptcy procedures. Under specific conditions, discharge occurs automatically. In certain instances, the debtor or the official receiver may petition the court for a discharge order. This may be contingent upon circumstances, such as additional payments by the debtor to creditors from future income, or it may be deferred until creditors obtain a greater part of the owed amount. Upon discharge, the debtor is liberated from the majority of the restrictions imposed upon him as a *undischarged bankrupt. 3. The exoneration of a guilty defendant without the imposition of a penalty. A discharge might be either absolute or conditional. In an absolute discharge, the defendant is not penalized for the offense. His conviction may, however, be accompanied by a compensation order, endorsement of his driving licence, or disqualification from driving. A conditional discharge absolves the prisoner from punishment, contingent upon not being convicted of any other offenses during a designated timeframe (often three years). If he is convicted during that period, the court may impose a term for the initial offense as well. Three criteria must be met for the court to mandate a discharge: (1) a community sentence is deemed inappropriate; (2) the penalty for the offense is not legally prescribed; and (3) the court considers it unwise to impose punishment on the defendant given the circumstances.
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Legal Terms - discharge of contract
The cessation of a contractual obligation. Discharge may occur through: (1) execution of the contract; (2) express agreement, which may entail either bilateral or unilateral discharge.
The cessation of a contractual obligation. Discharge may occur through: (1) execution of the contract; (2) express agreement, which may entail either bilateral or unilateral discharge.
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Legal Terms - disclaimer
n. The refusal or renunciation of a right, claim, or property. A beneficiary under a will may disclaim (i.e. reject) his gift at any time after the death of the testator as long as he has not accepted any benefit from the gift. The disclaimed property then passes to other beneficiaries entitled under the will or under the intestacy rules, and the beneficiary cannot direct who the disclaimed gift passes to. This is in contrast to a *deed of variation, where a beneficiary can give direction. Provided the disclaimer is made within two years of death and statutory requirements are complied with, the disclaimer is not treated as a gift for inheritance tax or capital gains tax purposes by the beneficiary disclaiming the legacy or gift (Inheritance Tax Act 1984 s 142; Taxation of Chargeable Gains Act 1992 s 62(6)). A trustee may disclaim a trust if he has not yet accepted it; once he has accepted his trusteeship he may no longer disclaim it but he may resign. Trusts and powers are normally disclaimed by deed.
n. The refusal or renunciation of a right, claim, or property. A beneficiary under a will may disclaim (i.e. reject) his gift at any time after the death of the testator as long as he has not accepted any benefit from the gift. The disclaimed property then passes to other beneficiaries entitled under the will or under the intestacy rules, and the beneficiary cannot direct who the disclaimed gift passes to. This is in contrast to a *deed of variation, where a beneficiary can give direction. Provided the disclaimer is made within two years of death and statutory requirements are complied with, the disclaimer is not treated as a gift for inheritance tax or capital gains tax purposes by the beneficiary disclaiming the legacy or gift (Inheritance Tax Act 1984 s 142; Taxation of Chargeable Gains Act 1992 s 62(6)). A trustee may disclaim a trust if he has not yet accepted it; once he has accepted his trusteeship he may no longer disclaim it but he may resign. Trusts and powers are normally disclaimed by deed.
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Legal Terms - Disclosure
(in corporate law) A strategy for safeguarding investors that depends on the corporation revealing and disseminating information, then assessed by investors, their advisors, and the media.
A mechanism for governing the behavior of directors and promoters by mandating, through fiduciary principles or legislative regulations, the disclosure of pertinent information to the company, such as an interest in a contract with the company.
(in corporate law) A strategy for safeguarding investors that depends on the corporation revealing and disseminating information, then assessed by investors, their advisors, and the media.
A mechanism for governing the behavior of directors and promoters by mandating, through fiduciary principles or legislative regulations, the disclosure of pertinent information to the company, such as an interest in a contract with the company.
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Legal Terms - Digital signature
Data appended to a unit of data stored on a computer, or a cryptographic transformation of a data unit, that allows the recipient to prove the data unit's provenance and integrity while protecting against forgery. The International Standards Organization defined this method of identification and protection. An *electronic signature, as defined by the Electronic Communications Act of 2000, has a similar impact to a commercial agreement.
Data appended to a unit of data stored on a computer, or a cryptographic transformation of a data unit, that allows the recipient to prove the data unit's provenance and integrity while protecting against forgery. The International Standards Organization defined this method of identification and protection. An *electronic signature, as defined by the Electronic Communications Act of 2000, has a similar impact to a commercial agreement.
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Legal Terms- Dilapidation
A condition of disrepair. The term typically pertains to repairs necessitated at the conclusion of a lease.
A condition of disrepair. The term typically pertains to repairs necessitated at the conclusion of a lease.
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Legal Terms – Diminished Responsibility
An abnormality of mental functioning that does not qualify as *insanity (R v Seers [1984] 79 Cr App 261 CA) but serves as a partial defense to a murder charge. The phrase "abnormality of mental functioning" has replaced "abnormality of mind" in the previous legislation under the Coroners and Justice Act 2009. The abnormality must also have resulted from a recognized medical condition (R v Dowds [2012] EWCA Crim 281 (CA), [2012] 1 Cr App R 455). The abnormality of mental functioning must substantially impair the defendant's ability to: (i) comprehend the nature of his conduct; (ii) form a rational judgment; and (iii) exercise self-control in order to function as a defense. It has been liberally interpreted to encompass conditions such as depression or *irresistible impulse (R v Vinagre (1979) 69 Cr App R 104). The defendant is found guilty of voluntary manslaughter if the defense is established.
An abnormality of mental functioning that does not qualify as *insanity (R v Seers [1984] 79 Cr App 261 CA) but serves as a partial defense to a murder charge. The phrase "abnormality of mental functioning" has replaced "abnormality of mind" in the previous legislation under the Coroners and Justice Act 2009. The abnormality must also have resulted from a recognized medical condition (R v Dowds [2012] EWCA Crim 281 (CA), [2012] 1 Cr App R 455). The abnormality of mental functioning must substantially impair the defendant's ability to: (i) comprehend the nature of his conduct; (ii) form a rational judgment; and (iii) exercise self-control in order to function as a defense. It has been liberally interpreted to encompass conditions such as depression or *irresistible impulse (R v Vinagre (1979) 69 Cr App R 104). The defendant is found guilty of voluntary manslaughter if the defense is established.
