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Glossary

D

Damages

Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

 

Default Judgment

A judgment rendered because of the defendant's failure to answer or appear.

 

Defendant

In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

 

Deposition

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

 

Derivative Work

(As defined by the Copyright Statute) A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". 17 U.S.C. § 101.

 

Device

(As defined by the Copyright Statute) A "device", "machine", or "process" is one now known or later developed. 17 U.S.C. § 101.

 

Digital Transmission

(As defined by the Copyright Statute) A "digital transmission" is a transmission in whole or in part in a digital or other non-analog format. 17 U.S.C. § 101.

 

Discovery

Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

 

Display

(As defined by the Copyright Statute) To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. 17 U.S.C. § 101.

 

Docket

A log containing brief entries of court proceedings.

E

En Banc

"In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.

 

Establishment

(As defined by the Copyright Statute) An "establishment" is a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly. 17 U.S.C. § 101.

 

Evidence

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

 

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© 1998-2006 Elizabeth Shieldkret.
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Some definitions are from the Federal Judiciary Center . No claim to government works.

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