Dictionar englez de termeni juridici.
Litera E (inapoi la index)
EASEMENT |
| Gives one party the right to go onto another party's property. Utilities often get easements that allow them to run pipes or phone lines beneath private property. |
EJECTMENT |
| A suit by an owner to reclaim ownership from a tenant who has overstayed the terms of a lease. Originally it was a suit brought by a fictitious tenant to try the title of the landlord in order to acquire the land under lease. |
ELECTIVE SHARE |
| Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse's will. |
EMANCIPATION |
| When a minor has achieved independence from his or her parents, often by getting married before reaching age 18 or by becoming fully self-supporting. |
EMBEZZLEMENT |
| The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. |
EMINENT DOMAIN |
| The power to take private property for public use by the state and municipalities. |
EMOLUMENT |
| Profit derived from employment or labor, including wages and other compensation. |
EN BANC |
| French for "by the full court." When all the members of an appellate court hear an argument, they are sitting en banc. |
ENCROACHMENT |
| To gain unlawfully or infringe on the property of another. |
ENCUMBRANCE |
| A burden on a property, generally one that affects the ability to transfer title, or one that affects the condition of the property. Examples are liens, mortgages, taxes, easements, water rights, etc. |
ENFEOFF |
| To invest with an estate held in fee. |
ENFEOFFMENT |
| Giving ownership in fee. A deed or legal document giving ownership in fee. |
ENTAIL |
| To create a fee tail, or to create one from fee simple. |
ENTRAPMENT |
| In criminal procedures, a complete defense. The defendant must show that officers induced the defendant to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. |
ENTRY |
| Filing of the intention to get a land grant or patent. This was the first step of a multi-step process of getting land, the other steps generally being Survey, and Grant. |
EQUAL ACCESS ACT |
| A law passed by Congress in 1984. It requires public schools to allow students who to meet before and after classes for religious purposes, including prayer, if they want to do so. If a school prohibits all extracurricular activities, it can also nix the prayer meetings. Otherwise, it has to allow them. |
EQUAL PROTECTION CLAUSE |
| Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another. |
EQUITABLE DISTRIBUTION |
| In a divorce, one of the ways in which property is divided. In states with equitable distribution systems, both spouses jointly own property acquired during a marriage. Equitable distribution does not necessarily mean equal distribution, and ownership does not automatically split fifty-fifty. Rather, the distribution must be fair and just (equitable). |
EQUITY, COURTS OF |
| Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. The English system upon which most American states modeled their court systems included two separate sets of courts: equity and law. Although Utah has now combined the two in a single system, court continues to refer to their powers in equity as distinct from their functions as courts of law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law. |
ESCHEAT |
| Land ownership reverting to the Crown, government, or estate owner because of a lack of heirs. |
ESCROW |
| Money or documents, such as a deed or title, held by a third party until the conditions of an agreement are met. For instance, pending the completion of a real estate transaction, the deed to the property will be held "in escrow." |
ESCROW ACCOUNT |
| A special account in which a lawyer or escrow agent deposits money or documents that do not belong to him or his firm. |
ESCROW AGENT |
| In some states, this person conducts real estate closings and collects the money due the parties. |
ESSE |
| In esse (Latin). In existence. See also posse. |
ESTABLISHMENT CLAUSE |
| Portion of the First Amendment to the U.S. Constitution that prohibits government from "establishing" a religion. |
ESTATE |
| A property right held by someone. There can be many estates held on a single piece of property, for example, relating to specific uses of the property. Mineral rights, water rights, and so on are examples. Estates can be subordinate (lower in rank) to other estates. |
ET AL |
| Latin et alia, for "and others". |
ET SEQ |
| An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. |
ET UX |
| Latin et uxor, for "and wife". |
EVIDENCE |
| The various things presented in court to prove an alleged fact. Includes testimony, documents, photographs, maps and videotapes. |
EX PARTE |
| Latin that means "by or for one party." Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden. |
EX POST FACTO |
| After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted. |
EXCLUSION OF WITNESSES |
| An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order. |
EXCLUSIONARY RULE |
| A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the proceedings. |
EXCLUSIVE JURISDICTION |
| The matter can only be filed in one court. |
EXECUTOR |
| Person named in a will to oversee and manage an estate. |
EXEMPT EMPLOYEES |
| Workers not entitled to overtime, generally workers in executive, administrative or professional positions. |
EXEMPT PROPERTY |
| In a bankruptcy, the possessions that a person is allowed to keep. |
EXHIBIT |
| A paper, document or other article presented and offered into evidence in court during a trial or hearing to prove the facts of a case. |
EXIGENT CIRCUMSTANCES |
| Emergency conditions. |
EXPERT TESTIMONY |
| Testimony given in relation to some scientific, technical or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject. |
EXPERT WITNESS |
| A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present. For example, an arson expert could testify about the probable cause of a suspicious fire. |
EXPRESS WARRANTY |
| An assertion or promise concerning goods or services. Statements such as "This air conditioner will cool a five-room house," or "We will repair any problems in the first year" are express warranties. |
EXPUNGEMENT |
| A court order allowing the destruction or sealing of records of minors or adults, after the passage of a specified period of time or when the person reaches a specified age and has not committed another offense. |
EXTRADITION |
| The surrender by one state to another of an individual accused or convicted of an offense outside its own territory, and within the territorial jurisdiction of the other. |
EXTRAORDINARY WRIT |
| A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warrantor. |
