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Glossary of Transportation Law Terms
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D&H: Abbreviation for "Dangerous and
Hazardous" cargo.
Damages: The sum of money awarded to the injured
party in a personal injury lawsuit.
Dead Locomotive: A type of train, which is cold and
usually has its driving wheels disconnected from the
cylinders.
Default Judgement: A judgment issued when the
defendant offers no defense by not responding to the
complaint. A judge may issue a judgment without the
necessity of a trial.
Defendant: The person against whom a claim is
brought.
Dependent: Any natural or legally adopted child
residing at the same residence as injured employee who is
under the age of 18, and/or any child certified legally
handicapped over the age of 18.
Deponent: The person who testifies at a
deposition.
Deposition: A pretrial discovery device in which
one party verbally answers questions from the other party.
Directed Verdict: A judge's order to a jury to
return a specified verdict, usually because one of the
parties failed to prove its case.
Disability: A limitation of an employee's wage
earning capacity in work suitable to his or her
qualifications and training, resulting from a personal
injury or work related disease. The establishment of
disability does not create a presumption of wage loss.
Disabled Ship: When a ship is unable to sail
efficiently or in a seaworthy state as a result of engine
trouble, lack of officers or crew, damage to the hull or
ship's gear.
Discovery: Methods and procedures by which
information is made available to each party prior to trial.
Discovery may include depositions, interrogations, requests
for production of documents, and demands for independent
medical examinations.
Dismissal With Prejudice: When a case is dismissed
for good reason and the plaintiff is barred from bringing an
action on the same claim.
Dismissal Without Prejudice: When a case is
dismissed but the plaintiff is allowed to bring a new suit
on the same claim.
Docket: A summary system kept by the clerk’s
office which contains a record of all pleadings, court
orders and other important activities in a case.
Due Process: The idea that laws and legal
proceedings must be fair. The Constitution guarantees that
the government cannot take away a person's basic rights to
"life, liberty or property, without due process of
law." Courts have issued numerous rulings about what
this means in particular cases.
Duty To Warn: The legal obligation to warn people
of a danger. Typically, manufacturers of hazardous products
have a duty to warn customers of a product's potential
dangers and to advise users of any precautions they should
take. |
