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Simple English definitions for legal terms
damna
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A quick definition of damna:
DAMNA is a term that refers to damages, which are losses or harm caused to someone. It can also mean the amount of money a plaintiff has to pay to the court before they can receive compensation for damages. This fee was originally a gratuity to court clerks for preparing special pleadings and was later abolished by statute.
A more thorough explanation:
Definition: Damna (dam-nə) is a historical term that refers to damages or losses. It was derived from the Latin word "damnum."
There are three types of damna:
- Damages, exclusive of costs.
- Damages, inclusive of costs.
- Damna clericorum, which is the Latin equivalent to damage-cleer. It is a portion of damages that constitutes the clerk's fee.
Example: In the past, if someone sued another person and won, they would have to pay a fee to the court clerk before they could receive their damages. This fee was called damage-cleer or damna clericorum. The fee was a set amount that was payable to the Court of the Common Pleas, King's Bench, or Exchequer before execution on an award of damages. The fee was abolished by statute.
This example illustrates how damna clericorum was a portion of damages that constituted the clerk's fee. It also shows how the fee was abolished by statute.