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director

A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions -- especially those that legally bind the corporation -- leaving day-to-day management to officers and employees of the corporation. For example, a decision to borrow money, lease an office or buy real property would normally be authorized by the board of directors. However, in the small business world, where it is common for owners to be directors, officers and employees simultaneously, distinctions dividing the roles and responsibilities of these groups are often blurred.





disability benefits

Money available from Social Security to benefit those under 65 who qualify because of their work and earning record and who meet the program's medical guidelines defining disability. The benefits are roughly equal to those available in Social Security retirement benefits.





discharge (of debts)

A bankruptcy court's erasure of the debts of a person or business that has filed for bankruptcy.





discharge (of probate administrator)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.





dischargeable debts

Debts that can be erased by going through bankruptcy. Most debts incurred prior to declaring bankruptcy are dischargeable, including back rent, credit card bills and medical bills. Compare nondischargeable debts.





disclaim

(1) To refuse or give away a claim or a right to something. For example, if your aunt leaves you a white elephant in her will and you don't want it, you can refuse the gift by disclaiming your ownership rights. (2) To deny responsibility for a claim or act. For example, a merchant that sells goods second-hand may disclaim responsibility for a product’s defects by selling it "as is."





disclaimer

(1) A refusal or renunciation of a claim or right. (2) A refusal or denial of responsibility for a claim or an act. (3) The written clause or document that sets out the disclaimer. See also disclaim.





disclosure

The making known of a fact that had previously been hidden; a revelation. For example, in many states you must disclose major physical defects in a house you are selling, such as a leaky roof or potential flooding problem.





discovery

A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent's case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.





disinherit

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.





disposable income

The difference between a debtor's current monthly income and allowable expenses. This is the amount that the new bankruptcy law deems available to pay into a Chapter 13 plan.





dispute

The assertion of conflicting claims or rights between parties involved in a legal proceeding, such as a lawsuit, mediation or arbitration.





dissolution

A term used instead of divorce in some states.





distinctive mark

A trademark or service mark that is unusual in the context of its use, and therefore memorable. Distinctive marks typically consist of terms that are fanciful or arbitrary (Penguin books), suggestive (Accuride tires), or coined (Maalox antacid). Distinctive marks receive maximum judicial protection under state and federal laws.





distributee

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person’s property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.





District Attorney (D.A.)

A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people and prosecuting criminal cases in court. The D.A. may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys. In some states a District Attorney may be called a Prosecuting Attorney, County Attorney or State's Attorney. In the federal system, the equivalent to the D.A. is a United States Attorney. The country has many U.S. Attorneys, each appointed by the President, who supervise regional offices staffed with prosecutors called "Assistant United States Attorneys."





district court

In federal court and, in some states, the name of the main trial court. Thus, if you file suit in federal court, your case will normally be heard in federal district court. States may also group their appellate courts into districts -- for example, The First District Court of Appeal.





diversity jurisdiction

The power of the federal courts to decide cases between two citizens of different states, provided the amount the plaintiff seeks in damages exceeds $75000.





dividend

A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.





divorce

The legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when that spouse files the divorce papers with the court. These reasons are referred to as grounds for a divorce.





divorce agreement

An agreement made by a divorcing couple regarding the division of property, custody and visitation of the children, alimony or child support. The agreement must be put in writing, signed by the parties and accepted by the court. It becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement, marital termination agreement or settlement agreement.





docket

See court calendar.





doctrine of equivalents

A patent rule under which a new device or process violates an existing patent if the new invention does the same work in a substantially similar way to achieve the same results.





doing business as (DBA)

A situation in which a business owner operates a company under a name different from his or her real name. The owner must file a "fictitious name statement" or similar document with the appropriate agency -- for example, the county clerk. This enables consumers to discover the names of the business owners, which is important if a consumer needs to sue the business.





domain name

A combination of letters and numbers that identifies a specific computer or website on the Internet. A domain name usually consists of three parts: a generic "top-level" domain such as ".com" or ".gov" that identifies the type of organization; a second level domain such as nolo or yahoo, which identifies the organization, site or individual; and a third level domain such as "www", which is used to identify a particular host server. Domain names have various functions. They can serve as an address (whitehouse.com), as a trademark (amazon.com) or as an expression of free speech (presidentbushsucks.com). A domain name owner can stop another business from using the same name for its business or product only if the domain name is being used as a trademark. In other words, if you use your domain name in connection with the sale of goods or services and consumers associate the domain name with your business, you can stop another business from using it. On the flip side, trademark owners can stop others from using a domain name if it conflicts with their existing trademark.







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