Public Health Law Map - Beta 5 - Medical and Public Health Law Site

declaratory judgments about the
constitutionality of proposed state
laws.
De Facto A right or obligation that is
recognized because of existing
custom, rather than by a statute or
court decision. Many physicians
believed that joint ventures in health
businesses were de facto legal
because they were so widely
practiced. See de jure.
Defamation The injury of a person’s reputation or
character by untrue statements made
(published) to a third person.
Defamation includes both libel and
slander.
Defendant The person accused of committing a
crime in a criminal case; or the party
against whom suit is brought seeking
either damages or relief in a civil
case.
Defense The defendant’s answer to the
plaintiff’s complaint. A defense may
contest the truth of the plaintiff’s
allegations, or claim a legal privilege
to commit the act complained of.
De Jure Status of a right or obligation that
exists by an act of law. See De
Facto.
Depositions Oral or written testimony taken under
oath but outside of a courtroom. A
verbatim transcript is made and can
be used as evidence in a trial.
Dicta The writings of a judge in an opinion
that do not specifically affect the
resolution or determination of the
case and are not part of the common
law resulting from the decision.
Dicta are important when used to
indicate how the court might rule in
future cases with related facts.
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