A disincentive is a something that persuades parties not to engage in certain conduct. Laws often create intentional and unintentional disincentives through criminal penalties, civil liability, and tax provisions.
To disincentivize refers to the act of creating a disincentive or withdrawing a previously existing incentive. Law making bodies disincentivize certain conduct to discourage parties from partaking in that conduct.
[Last reviewed in September of 2022 by the Wex Definitions Team]
Disproportionate impact refers to the effect of a practice that appears neutral on its own, but actually has an unequal, negative impact on a specific group of people. Disproportionate impact may be present in a government or other organization’s policies and practices, even if unintentional or there is no stated plan to discriminate.
A divestitive fact is a fact or event that results in the loss of a previously held legal right. Divestitive facts are a category of operative facts, meaning they have legal consequences when they occur. For example, in Bailey v.
A doctrine is a single important rule, a set of rules, a theory, or a principle that is widely followed in a field of law. It is formed via the continuous application of legal precedents. Calling something a doctrine usually means at least one of two things: that it is very important to a field of law, or that it provides a comprehensive way to resolve a certain type of legal dispute.
Under Rule 106 of the Federal Rules of Evidence, when an incomplete writing or recorded statement is introduced in a trial by one party, the adverse party may require the introduction of any other parts or any other writing or recorded statement which ought, in fairness, to be considered contemporaneously with the writing or recorded statement originally
The doctrine of incorporation by reference, under the law of wills, means that unattested papers (papers not present when the will was executed) can still be regarded as part of the will by incorporation.
The doctrine of integration of wills is a legal theory that says that since wills are multi-page documents, they do not have to be signed or initialed on every page. Each page is regarded as part of single integrated document, so long as all pages are all present at the same time and the testator intended all of the separate pages to be part of same will.
Doctrine of worthier title is a doctrine in real estate law which creates a presumption that when a grantor conveys a future interest to their own heirs, the grantor actually intended to keep the interest in themselves.
