A difference between one thing and another, between one writing and another; a variance. 2. Discrepancies are material and immaterial. A discrepancy is immaterial when there is such a difference between a thing alleged, and a thing offered in evidence, as to show they are not substantially the same; as, when the plaintiff in his declaration for a malicious arrest averred, that … [Read more...] about DISCREPANCY
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DISCHARGED
Released, or liberated from custody. It is not equivalent to acquitted in a declaration for a malicious prosecution … [Read more...] about DISCHARGED
DISCRETIO EST DISCERNERE PER LEGEM QUID SIT JUSTUM
Latin, meaning Discretion is to discern through law what is just. … [Read more...] about DISCRETIO EST DISCERNERE PER LEGEM QUID SIT JUSTUM
DISCLAIM
To disassociate, refuse or to deny one's own claim or a right. For example, if a relative leaves a beneficiary a pet, the beneficiary can refuse or disclaim the right to receive the pet. See also disclaimer regarding the sales of goods. … [Read more...] about DISCLAIM
DISCRETION
(A) practice. When it is said that something is left to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances. 2. The discretion of a judge is said to be the law of tyrants; it is always unknown; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the … [Read more...] about DISCRETION