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FindLaw Legal Dictionary

The FindLaw Legal Dictionary -- free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries.


E Reorganization
see reorganization
Earmarking Doctrine
[probably so called because the loan has been earmarked, i.e., specifically designated, by the debtor to pay a specific creditor] : a doctrine in bankruptcy law: a loan made by a third person to a ...
Earned Income
: income (as wages, salary, professional fees, or commissions) that results from the personal labor or services of an individual compare unearned income
Earned Income Credit
A tax credit allowed to employed individuals whose income and modified gross income is less than a certain amount.
Earned Premium
: the difference between the amount of premium paid by the insured and the amount returned to the insured by the insurer upon cancellation of a policy before its term expires
Earned Surplus
see surplus
[Anglo-French ernes(t) erles, alteration of Old French erres, plural of erre pledge, earnest, alteration of Latin arra, short for arrabo, from Greek arrhabōn, of Semitic origin] : something of ...
Earnest Money
: money used as earnest
Earnest Money (Deposit)
money put down by a potential buyer to show that they are serious about purchasing the home; it becomes part of the down payment if the offer is accepted, is returned if the offer is rejected, or is ...
1 : something (as wages or dividends) earned as compensation for labor or the use of capital 2 : the balance of revenue for a specified period that remains after deducting related costs and expenses ...
Earnings Per Share (Eps)
a corporation's profit that is divided among each share of common stock. It is determined by taking the net earnings divided by the number of outstanding common stocks held. This is a way that a ...
[Anglo-French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist] : an interest in land owned by another that entitles its holder to a specific limited ...
Easement Appurtenant
see easement
Easement By Estoppel
see easement
Easement By Necessity
:easement by implication at easement
Easement In Gross
see easement
the legal rights that give someone other than the owner access to use property for a specific purpose. Easements may affect property values and are sometimes a part of the deed.
eaves·dropped eaves·drop·ping : to listen secretly to what is being said in private without the consent of the speaker compare bug, wiretap eaves·drop·per n
ethical consideration
Ecclesiastical Court
: a court having jurisdiction in ecclesiastical affairs : a tribunal in an ecclesiastical body called also Court Christian
Ecclesiastical Law
: canon law
Economic Duress
: wrongful or unlawful conduct that creates fear of economic hardship which prevents the exercise of free will in engaging in a business transaction ;also : the defense of economic duress called ...
Economic Obsolescence
see obsolescence
Economic Realities Test
: a judicial method of determining the nature of a business transaction or situation ;esp : a test used by courts for the purpose of determining if a person is an employee by considering such things ...
Economic Strike
see strike
Energy Efficient Mortgage; an FHA program that helps homebuyers save money on utility bills by enabling them to finance the cost of adding energy efficiency features to a new or existing home as part ...
equal employment opportunity
The Equal Employment Opportunity Commission is a part of the federal government, responsible for investigating and hearing claims of workplace discrimination or harassment. Usually, an alleged victim ...
1 : something that is produced by an agent or cause 2 pl : personal property at property : goods [the right of the people to be secure in their persons, houses, papers, and s, against ...
1 : producing a desired effect [an revocation of the contract] 2 : capable of bringing about an effect [ assistance of counsel] see also ineffective assistance of counsel 3 : being in effect 4 of ...
Effective Assignment
see assignment
Efficient Breach
see breach
Efficient Market
: a securities and commodities market whose prices always reflect the most accurate and up-to-date information compare fraud on the market theory
Acronym for Encrypting File System.  EFS is a feature of Windows 2000 that enables any file, document or folder to be stored in an encrypted form.  EFS is useful for storing highly sensitive data ...
: extremely and conspicuously bad
[Medieval Latin egressus, literally, act of going out, departure, from Latin, from egredi to go out, from e- out + gradi to make one's way] 1 : the action or right of going or coming out 2 : a place ...
Eight-Hour Law
: a law fixing the working day for specified types of employment at eight hours and frequently providing for time-and-a-half compensation for hours worked after eight hours
: dispossess
: an action at common law that is to determine the right to possession of property and for the recovery of damages and that is brought by a plaintiff who claims to hold superior title
Ejusdem Generis
[Latin] : of the same kind or class [was ejusdem generis with the other items listed]
Ejusdem Generis Rule
: a rule of construction: general words (as in a statute) that follow specific words in a list must be construed as referring only to the types of things identified by the specific words
1 : to select by vote for an office, position, or membership 2 : to make a selection of [ed her statutory share over the gift under the will] vi : to choose an elective share [the right of a spouse ...
1 a : the act or process of electing b : an instance of the electorate voting for candidates for an elective office c : the fact of being elected 2 : the right, power, or privilege of making a ...
Election Of Remedies
1 : the act of electing a remedy from those available for an injury 2 : the doctrine that a plaintiff who elects a remedy for his or her injury is barred from pursuing another remedy that is ...
1 a : chosen by popular election [an official] b : of or relating to election c : based on the right or principle of election [the presidency is an office] 2 a : permitting a choice compare ...
Elective Share
: the share (as one third) of an estate set by statute that a widow or widower or sometimes a child is entitled to claim in lieu of any provisions made in a will or in the event of being disinherited ...
1 : a person who is qualified to vote 2 : a member of the electoral college in the U.S.
Electoral College
often cap E&C : a body of electors ;specif : the body of electors chosen from each state to elect the president and vice president of the U.S. NOTE: Under Article II, Section 1 of the U.S. ...
: a body of people entitled to vote
Electric Chair
1 : a chair used in performing a legal electrocution 2 : the penalty of death by electrocution
-cut·ed -cut·ing [electro-, combining form meaning “electric” + execute] : to execute (a convicted criminal) by electricity elec·tro·cu·tion n
: of, relating to, or supported by charity
: one of the constituent parts (as a particular act, a mental state, or an attendant circumstance) of a crime as defined by statute that the prosecution must prove to win a conviction
[Anglo-French ellisour eslisour, literally, one who selects (jurors in the sheriff's stead), elector, from eslire to select, from Old French, ultimately from Latin eligere to choose, elect] : a ...
-pat·ed -pat·ing 1 : to free from restraint, control, or the power of another ;esp : to free from bondage [emancipated the slaves] compare enfranchise 2 : to release from the care, ...
: the act or process of emancipating
-lat·ed -lat·ing : to deprive (as a law or judicial opinion) of force or effectiveness
pl: -goes [Spanish, from embargar to bar] 1 : an order of a government prohibiting the departure of commercial ships from its ports 2 : a legal prohibition on commerce [an on arms shipments] 3 : an ...
em·bez·zled em·bez·zling [Anglo-French embeseiller to make away with, from en-, prefix stressing completion + beseller to snatch, misappropriate, from Old French, to destroy] : to ...
[Anglo-French, from Middle French emblaement act of sowing grain, from emblaer to sow with grain, from en-, causative prefix + Old French blet ble grain] : crops from annual cultivation legally ...
[Anglo-French, from Old French embraserre one who inflames, from embraser to set on fire, from en-, causative prefix + brase brese live coals] : a person who has committed embracery
pl: -er·ies : an attempt to influence a jury corruptly
pl: -cies 1 : an unforeseen combination of circumstances or the resulting state that calls for immediate action 2 : an urgent need for assistance or relief [a state of ]
Emergency Doctrine
1 : sudden emergency doctrine 2 : emergency exception
Emergency Exception
: an exception to the requirement for a search warrant in a situation in which a police officer has reason to believe that immediate action including a search is necessary to protect life or prevent ...
Eminent Domain
: the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction see also condemn, ...
pl: -sar·ies : a representative usually empowered to act more or less independently (as in collecting or conveying information or in negotiating)
: a return arising from office or employment usually in the form of compensation or perquisites [the President shall, at stated times, receive for his services, a compensation…and he shall not ...
Emotional Distress
: a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought called also emotional harm mental anguish mental ...
var of impanel
or em·ploye n : a person usually below the executive level who is hired by another to perform a service esp. for wages or salary and is under the other's control see also respondeat superior ...
Employee Assistance Program (Eap)
A workplace program provided by the employer to assist employees in recovering from drug or alcohol abuse, emotional problems, job stress, marital discord, or workplace conflict
Employee Stock Ownership Plan (Esop)
An employer-provided benefit that allows employees to purchase stock in the company under certain favorable terms
: one that hires others to perform a service or engage in an activity in exchange for compensation see also respondeat superior
Employer Identification Number
A number used to identify the tax account of employers, sole proprietors, corporations, partnerships, and limited liability companies. This number is required if you have employees, have a Keogh plan, ...
1 : an activity or service performed for another esp. for compensation or as an occupation 2 : the act of employing : the state of being employed
Employment Expenses
Ordinary and necessary expenses necessary to perform the duties for which an employee was hired.
Employment Tax
: a tax imposed on the basis of an employee-employer relationship
: to give official authority or legal power to [no branch of government should be ed unilaterally to impose a serious penalty "L. H. Tribe"]
En Banc
also in banc also in bank [in-bak, Ä -bÄ k] adv or adj [Anglo-French en banke, literally, on the bench] : with all judges or a quorum of judges present : in full court [an en banc ...
: giving legal power, capacity, or sanction [ legislation]
Enabling Statute
: a statute that confers (as to an administrative agency) the power or authority to engage in conduct not previously allowed
: to establish by legal and authoritative act : make into law [ a bill]
Enacting Clause
: the clause of an act that formally expresses legislative authorization and usually begins with “Be it enacted”
1 : the act of enacting : the state of being enacted 2 : something (as a law) that has been enacted
[Anglo-French encrocher, probably alteration of acrocher to catch hold of, seize, usurp, from Old French, from a-, prefix stressing goal + croc hook] : to enter esp. gradually or stealthily into the ...
1 : an act or instance of encroaching 2 : something (as a structure) that encroaches on another's land [possession of the one-foot ]
a structure that extends over the legal property line on to another individual's property. The property surveyor will note any encroachment on the lot survey done before property transfer. The person ...
Encryption is the conversion of data into a form not readily understood by unauthorized people, called cipehertext. Decryption is the conversion of encrypted data back into its original form, so it ...
also in·cum·ber [in-kəm-bər] vt -bered -ber·ing : to burden with a claim (as a mortgage or lien) [ed the land with a mineral lease]
also in·cum·brance [in-kəm-brəns] n : a claim (as a lien) against property ;specif : an interest or right (as an easement or a lease) in real property that may diminish the ...
: a person who holds an encumbrance
: to bring into danger or peril vi : to create a dangerous situation [charged with driving to ]
: the crime or tort of exposing others to possible harm or danger
also in·dorse [in-dȯrs] vt en·dorsed also: in·dorsed en·dors·ing also: in·dors·ing [Anglo-French endosser endorser and Medieval Latin indorsare, both ...
also in·dors·ee [in-dȯr-sē, en-] n : one to whom something is endorsed
also in·dorse·ment n 1 : the act or process of endorsing 2 : an inscription (as a signature or notation) on a document or instrument ;esp : an inscription usually on the back of a ...
Endorsement In Blank
:blank endorsement at endorsement
also in·dors·er n : one who endorses something
[Anglo-French endower, from Old French en-, prefix stressing completion + douer to endow, from Latin dotare, from dot- dos gift, dowry] : to furnish with income ;esp : to make a grant of money ...
1 : the act or process of endowing 2 : a result or product of endowing: as a : the income of an institution derived from donations [the university's ability to attract ] b : the property (as a ...
Endowment Insurance
: life insurance in which the benefit is paid to the policyowner if he or she is still living at the end of the policy's term (as 20 years)
[Anglo-French enfeoffer, from Old French en-, causative prefix + fief fief] : to invest (a person) with a freehold estate by feoffment
1 : the act of enfeoffing 2 : the instrument by which one is enfeoffed
en·forced en·forc·ing : to cause to take effect or to be fulfilled [enforcing the divorce decree] [Congress shall have power to this article by appropriate legislation "U.S. ...
: capable of being enforced esp. as legal or valid [creditors with contract rights "L. H. Tribe"]
: the act or process of enforcing [ of the debt]
-chised -chis·ing : to grant franchise to ;esp : to admit to the privileges of a citizen and esp. to voting rights [the Twenty-sixth Amendment enfranchised all citizens over 18 years of age] ...
1 : the act of enfranchising 2 : the state of being enfranchised
[Anglo-French engrosser to put (a legal document) in final form, from Medieval Latin ingrossare, from in grossam (put) into final form, literally, (written) in large (letter)] : to prepare the ...
Engrossed Bill
see bill
[Anglo-French enjoindre to impose, constrain, from Old French, from Latin injungere to attach, impose, from in- on + jungere to join] : to prohibit by judicial order : issue an injunction against [a ...
: personal benefit, use, or possession (as of rights or property) [widows and widowers were relegated to lifetime of the marital estates "W. M. McGovern, Jr. et al."] ;specif : the receipt of the ...
Voluntary entry into one of the armed services other than as a commissioned officer.
or en·rol vt en·rolled en·roll·ing 1 : to insert, register, or enter in a list, catalog, or roll [enrolled the deed] 2 : to prepare a final copy of (a bill passed by a ...
Enrolled Bill
see bill
[Middle English entaillen, from en-, causative prefix + taille restriction on inheritance see tail ] : to make (an estate in real property) a fee tail : limit the descent of (real property) by ...
: to go or come in ;specif : to go upon real property by right of entry esp. to take possession [lessor shall have the right to and take possession] often used in deeds and leases vt 1 : to come or ...
: an economic organization or activity ;esp : a business organization
Enterprise Liability
see liability
Entertainment Expenses
Employment expenses that have an element of entertainment that is directly related to conducting business.
: not capable of being divided into independent parts (as promises) : constituting an undivided unit [an contract] compare divisible, severable
pl: -ties 1 : the state of being entire or complete [in its ] 2 : an undivided whole ;specif : an interest in real property that cannot be divided compare moiety by the entirety also by the ...
-tled -tling : to give an enforceable right to claim something [her will s her daughters to half of her estate]
1 : the state or condition of being entitled : claim [evidence of victim's to money seized "National Law Journal"] 2 : a right to benefits that is granted esp. by law or contract (as an insurance ...
pl: -ties : an organization (as a business or governmental unit) that has a legal identity which is separate from those of its members see also alter ego, instrumentality, juridical person, legal ...
en·trapped en·trap·ping : to cause (a person) to commit a crime by means of undue persuasion, encouragement, or fraud in order to later prosecute [police him into violating the literal ...
1 : the action or process of entrapping [ is un-American and has no place in law enforcement "Tip O'Neill"] 2 : the state or condition of being entrapped ;also : the affirmative defense of having ...
also in·trust vt 1 : to deliver something to (a person) under a charge or duty 2 : to give (something) over to the care of another ;specif : to deliver to a merchant who may transfer ...
pl: en·tries 1 : the privilege of entering real property see also right of entry 2 : the act of entering real property [a warrantless by the officer] see also trespass 3 : the act of making or ...
Enumerated Powers
see power
Environmental Crime
: an act that is destructive to the environment and that has been criminalized by statute
Environmental Impact Statement
: a technical report that details the effect proposed legislation or action will have on the natural and human environment and that is sometimes required to be furnished esp. by a governmental body ...
Environmental Protection Agency
(EPA) The federal agency created in 1970 to coordinate government action to protect the environment.
equal opportunity employer
Environmental Protection Agency see also the Important Agencies section
[Latin aequalis, from aequus level, equal] 1 : like in quality, nature, or status 2 : like for each member of a group, class, or society 3 : regarding or affecting all objects in the same way : ...
Equal Credit Opportunity Act
A federal act prohibiting a creditor from discriminating against any applicant on the basis of race, color, religion, national origin, age, sex or marital status. (15 U.S.C. Sec. 1691)
Equal Credit Opportunity Act (Ecoa)
a federal law requiring lenders to make credit available equally without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public ...
Equal Employment Opportunity Commission (Eeoc)
The federal administrative agency that enforces laws prohibiting discrimination in employment
Equal Opportunity
often attrib : freedom from discrimination (as in employment) on the basis of race, color, religion, national origin, sex, disability, age, or sometimes sexual orientation see also Equal Employment ...
Equal Opportunity Employer
: an employer who agrees not to discriminate against any employee or job applicant because of race, color, religion, national origin, sex, physical or mental disability, or age
Equal Pay Act
Federal law which mandates the same pay for all persons who do the same work without regard to sex, age, etc. For work to be equal within meaning of Act, it is not necessary that jobs be identical ...
Equal Protection
: a guarantee under the Fourteenth Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like ...
Equal Protection Clause
often cap E&P&C : the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person within its jurisdiction the equal protection of the laws
Equal Protection Of The Law
:equal protection
Equal Rights Amendment (Era)
The proposed Equal Rights Amendment (ERA) to the U.S. Constitution was intended to explicitly guarantee equality to all persons, regardless of gender. After passing in Congress in 1972, the amendment ...
: the quality or state of being equal: as a : sameness or equivalence in number, quantity, or measure b : likeness or sameness in quality, power, status, or degree
: the implements used in an operation or activity ;specif in the Uniform Commercial Code : goods that are bought for or used in a business enterprise or by a debtor which is a nonprofit organization ...
1 : having or exhibiting equity : dealing fairly and equally [shall allocate…appropriations in an manner "U.S. Code"] 2 : existing or valid in equity or as a matter of equity as distinguished ...
Equitable Adoption
: an adoption recognized by the law in order to allow claims (as to assets in an estate or to insurance or government benefits) in cases in which there is an express or implied contract to adopt and ...
Equitable Asset
see asset
Equitable Assignment
see assignment
Equitable Conversion
see conversion
Equitable Distribution
: the distribution of marital assets by a court in a divorce action in accordance with statutory guidelines that are designed to produce a fair but not necessarily equal division of the property
Equitable Election
: the choice that a beneficiary of an instrument (as a will) must make to forgo a challenge to the instrument and accept the benefit or vice versa
Equitable Estate
see estate
Equitable Estoppel
see estoppel
Equitable Fraud
see fraud
Equitable Interest
see interest
Equitable Lien
see lien
Equitable Mortgage
see mortgage
Equitable Owner
see owner
Equitable Recoupment
: a doctrine that allows the government to collect a tax or a taxpayer to collect a refund of tax after the running of the statute of limitations for such collection in cases where the statute of ...
Equitable Relief
: relief (as an injunction) available under a court's equitable powers
Equitable Subordination
: the subordination of a creditor's claim in a bankruptcy proceeding imposed by the court when the creditor has an unfair advantage over other creditors because of improper conduct or an advantageous ...
Equitable Subrogation
: subrogation
Equitable Title
see title
Equitable Tolling
: a doctrine or principle of tort law: a statute of limitations will not bar a claim if despite use of due diligence the plaintiff did not or could not discover the injury until after the expiration ...
pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by ...
Equity Capital
see capital
Equity Court
: a court with equity jurisdiction : court of equity
Equity Financing
The securing of a monetary investment from an investor in which the investor becomes a part owner of the business
Equity Loan
: home equity loan at loan
Equity Of Redemption
1 : the right of a defaulting mortgagor to redeem the mortgaged property before an absolute foreclosure 2 : the interest or estate remaining to a mortgagor in mortgaged property ;also : the value ...
Equity Security
see security
: something that performs substantially the same function as another thing in substantially the same way compare aggregation, combination, invention NOTE: Under patent law, a patentee may bring a ...
erased eras·ing : to seal and protect (criminal records) from disclosure
: to give legal existence to by a formal act of authority [no new State shall be formed or ed within the jurisdiction of any other State "U.S. Constitution art. IV"] erec·tion n
Erie Doctrine
[from the Supreme Court case Erie Railroad Co. v. Tompkins, which resulted in definition of the doctrine] : a doctrine that a federal court exercising diversity jurisdiction over a case for which no ...
(Employee Retirement Income Security Act) - The federal statute that regulates private pensions. Governs the funding, vesting, administration and termination of private pension plans.
: to make an error [the court ed in denying the motion]
: containing or characterized by error see also clearly erroneous er·ro·ne·ous·ly adv er·ro·ne·ous·ness n
: an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings ...
Economic Recovery Tax Act of 1981 see also the Important Laws section
Escalator Clause
1 : a clause in a contract that provides for an increase in the amount of the payments made under the contract to reflect an increase in costs or the raising of a government-imposed cap on costs 2 : ...
es·caped es·cap·ing : to depart from lawful custody with the intent of avoiding confinement or the administration of justice
Escape Clause
: a clause in a contract that allows a party to avoid liability under the contract for specified reasons ;esp : a provision in an insurance policy that denies coverage when other insurance covers ...
: a person who escapes
[Anglo-French eschete reversion of property, from Old French escheoite accession, inheritance, from feminine past participle of escheoir to fall (to), befall, ultimately from Latin ex- out + cadere ...
[Anglo-French escroue deed delivered on condition, literally, scroll, strip of parchment, from Old French escroe] 1 : an instrument and esp. a deed or money or property held by a third party to be ...
Escrow Account
a separate account into which the lender puts a portion of each monthly mortgage payment; an escrow account provides the funds needed for such expenses as property taxes, homeowners insurance, ...
: the one holding an escrow
[employee stock ownership plan] : a program by which a corporation's employees may acquire its capital stock
: the practice of gathering, transmitting, or losing through gross negligence information relating to the defense of the U.S. with the intent that or with reason to believe that the information will ...
[Middle French escuier squire, from Late Latin scutarius shield bearer, from Latin scutum shield] used as a title of courtesy for lawyers usually placed in its abbreviated form after the name and ...
1 : the real or ultimate nature of a thing : the properties that make a thing what it is [his award is legitimate only so long as it draws its from the collective bargaining agreement "United Steel ...
Essence Test
: a rule in labor law: a reviewing court may set aside an arbitrator's award only if it is unreasonable and does not derive from the collective bargaining agreement
Essential Element
: an element of a tort or esp. a crime that must be alleged in the complaint or charging instrument (as the indictment) in order to make out a prima facie case
1 : to institute (as a law) permanently by enactment or agreement [we the people of the United States…do ordain and this Constitution "U.S. Constitution preamble"] 2 : to make firm or stable ...
1 : something established: as a : a church recognized by law as the official church of a nation or state and supported by civil authority b : a permanent civil or military organization c : a place ...
Establishment Clause
often cap E&C : a clause in the U.S. Constitution forbidding Congress from establishing a state religion see also Amendment I to the Constitution in the back matter compare free exercise clause
[Anglo-French estat, literally, state, condition, from Old French, from Latin status, from stare to stand] 1 : the interest of a particular degree, nature, quality, or extent that one has in land or ...
Estate At Will
see estate
Estate For Years
see estate
Estate On Condition
see estate
Estate Planner
: a professional or business that provides advice regarding estate planning and sometimes prepares necessary legal documents
Estate Planning
: the arranging for the disposition and management of one's estate at death through the use of wills, trusts, insurance policies, and other devices
Estate Tail
see estate
Estate Tax
: an excise in the form of a percentage of the taxable estate that is imposed on a property owner's right to transfer the property to others after his or her death called also succession tax see also ...
Estate Taxes
The tax imposed on the property of a deceased person who transfers ownership by will or intestate succession.
Estimated Tax
: a tax paid usually quarterly by certain entities (as corporations or trusts) or individuals on income that is not subject to withholding NOTE: A declaration of estimated tax is not required for ...
es·topped es·top·ping [Anglo-French estop(p)er, literally, to stop up, from Middle French estouper, ultimately from Latin stuppa hemp fiber (used for plugging holes)] : to impede or ...
[probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : ...
Estoppel By Deed
see estoppel
Estoppel By Judgment
see estoppel
Estoppel By Silence
see estoppel
Estoppel By Verdict
:estoppel by judgment at estoppel
Estoppel In Pais
see estoppel
[Anglo-French, plural of estover necessity, allowance, from estoveir to be necessary, from Old French, ultimately from Latin est opus it is necessary] : necessary supplies ;esp : wood that a tenant ...
Et Al.
[Latin et alia] and others
Et Ux
: and wife
Et Vir
: and husband
The USPTO's "electronic Trademark Examination Application System" - electronic trademark filing system. It allows the public to complete various trademark filings and transactions on-line.
Hardware in a computer that transmits the Ethernet, local area network (LAN) protocol over a line, wire or cable.
1 : of or relating to ethics 2 : conforming to accepted professional standards of conduct eth·i·cal·ly adv
Ethical Consideration
: a recommendation made in the ABA Model Code of Professional Responsibility of what would or would not be ethical behavior by a lawyer under specified circumstances compare disciplinary rule
: the principles of conduct governing an individual or a profession see also ABA Model Rules of Professional Conduct in the Important Laws section
Euclidean Zoning
[from Village of Euclid, Ohio et al. v. Ambler Realty Co., 272 U.S. 365 (1926), case in which the Supreme Court upheld the right of a locality to enforce such a system] : a system of zoning whereby a ...
pl: -cies : currency (as from the U.S. and Japan) held outside its country of origin and used in the money markets of Europe
: a U.S. dollar held as Eurocurrency
: the act or practice of killing or permitting the death of hopelessly sick or injured persons in a relatively painless way for reasons of mercy called also mercy killing ...
evad·ed evad·ing 1 : to unlawfully fail to pay (taxes) through fraudulent or deceptive means compare avoid 2 : to avoid answering directly [trying to the question]
1 : a means of evading 2 : the act or an instance of evading see also tax evasion
: tending or intending to evade NOTE: Under Federal Rule of Civil Procedure 37(a)(3), an evasive or incomplete answer to an interrogatory or to a question at a deposition is treated as a failure to ...
1 : something that happens : occurrence 2 : the issue or outcome of a legal action or proceeding as finally determined
[Medieval Latin evictus, past participle of evincere to recover (property) by legal process, from Latin, to vanquish, regain possession of] : to put (a tenant) out of property by force, by virtue of ...
: the dispossession of a tenant of leased property by force or esp. by legal process actual eviction : eviction that involves the physical expulsion of a tenant constructive eviction : eviction ...
[Medieval Latin evidentia, from Latin, that which is obvious, from evident- evidens clear, obvious, from e- out of, from + videns, present participle of videre to see] : something that furnishes or ...
Evidence In Chief
see evidence
: evidentiary ev·i·den·tial·ly adv
1 : being, relating to, or affording evidence [photographs of value] 2 : conducted so that evidence may be presented [an hearing] ev·i·den·tia·ri·ly adv
Evidentiary Fact
see fact
Evidentiary Harpoon
[from the comparison of such evidence to a harpoon, which can be retracted after it has injured its target] : evidence consisting esp. of a police officer's statement that is improper and is ...
Ex Aequo Et Bono
: according to what is equitable and good : on the merits of the case often used in international law when a matter is to be decided according to principles of equity rather than by points of law
Ex Contractu
[Latin] : arising from or based on a contract [damages ex contractu] compare ex delicto
Ex Delicto
[Latin, of or by reason of a wrong] : arising from or based on a tort or delict (as a breach of duty) [the action is ex delicto] compare ex contractu
Ex Facie
[New Latin, literally, from the appearance] : on its face [valid ex facie] compare prima facie
Ex Maleficio
[Late Latin, in the phrase obligatio ex maleficio obligation arising from a misdeed] : arising from wrongdoing : created by law in response to a wrongdoing [a trustee ex maleficio]
Ex Officio
[Late Latin] : by virtue or because of an office [the Vice President serves ex officio as president of the Senate] [an ex officio member of the board]
Ex Parte
[Medieval Latin, on behalf (of)] : on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party [an ex parte motion] [relief granted ...
Ex Post Facto
[Late Latin, literally, from a thing done afterward] : after the fact : retroactively [cannot judge ex post facto]
Ex Post Facto Clause
often cap E&P&F&C : the clause in Article I, Section 9 of the U.S. Constitution forbidding Congress from passing any ex post facto laws
Ex Post Facto Law
: a civil or criminal law with retroactive effect ;esp : a law that retroactively alters a defendant's rights esp. by criminalizing and imposing punishment for an act that was not criminal or ...
Ex Rel.
ex relatione
Ex Relatione
[Medieval Latin] : by or on the relation or information of NOTE: The abbreviation for ex relatione ex rel., is used in the title of informations and special proceedings to designate the interested ...
[Latin ex from, out of] : free from : without
: without the right to a pending distribution (as of capital gains from a mutual fund) [shares traded ]
: without a dividend NOTE: A stock is said to be sold “ex-dividend” when the sale occurs just before the next dividend on the stock is due to be paid, so that the payment date comes after ...
: without rights NOTE: The purchaser of stock traded ex-rights does not acquire the right to purchase new securities at a discount prior to their public issuance because such right was retained by ...
: without warrants NOTE: The purchaser of stock traded ex-warrants does not receive any warrants that were formerly traded with the stock.
Ex. Ord.
executive order
: the act or process of examining ;esp : a formal questioning esp. in a court proceeding see also cross-examination, direct examination, recross-examination, redirect examination compare affidavit, ...
ex·am·ined ex·am·in·ing 1 : to investigate or inspect closely [ the title] compare audit 2 : to question closely esp. in a court proceeding compare depose
: a person who examines: as a : a court officer empowered to administer an oath and take testimony b : a person whose work is to inspect usually a specified thing or situation [a bank ]
Examining Attorney
A USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark
: to take or leave out (as from insurance coverage or a deed) : exclude [specifically ed the air carriers and unions from the provisions "M. A. Kelly"] vi : object ;esp : to file a bill of ...
1 : something that is excepted or excluded ;esp : a situation to which a rule does not apply [the supreme Court shall have appellate jurisdiction, both as to law and fact, with such s, and under ...
: more than a usual or specified amount ;specif : additional to an amount specified under another insurance policy [ coverage] [ insurance]
: exceeding what is proper, necessary, or normal ;specif : being out of proportion to the offense [ bail]
Excessive Verdict
see verdict
1 a : a giving of something of value (as real property) in return for something of equal value (as money or property of a like kind) b in the civil law of Louisiana : a giving of something of value ...
Exchange Visitor
A foreign citizen coming to the United States to participate in a particular program in education, training, research, or other authorized exchange visitor program. See the Bureau of Educational and ...
[Anglo-French eschecker eschequ(i)er, from Old French eschequier royal treasury, reckoning board or cloth marked with squares, literally, chessboard, from eschec chess] 1 cap : a royal office in ...
1 : a tax levied on the manufacture, sale, or consumption of a commodity compare income tax, property tax 2 : any of various taxes on privileges often assessed in the form of a license or other fee ...
Excise Tax
: excise
Excited Utterance
: a statement that concerns a startling event (as a physical assault) and that is made by a person while under stress caused by the event see also res gestae spontaneous declaration at declaration ...
: subject to being excluded [because the witness was available, the hearsay testimony was "National Law Journal"] ex·clud·abil·i·ty [ik-sklü-də-bi-lə-tē] n
ex·clud·ed ex·clud·ing 1 : to prevent or restrict the entry or admission of [ hearsay evidence] 2 : to remove from participation, consideration, or inclusion (as in insurance ...
1 : the act of excluding or state of being excluded ;specif : refusal of entry into the U.S. by immigration officials [review of deportation and orders] compare deportation 2 : something that ...
Exclusionary Rule
: any of various rules that exclude or suppress evidence ;specif : a rule of evidence that excludes or suppresses evidence obtained in violation of a defendant's constitutional rights see also fruit ...
1 a : excluding or having power to exclude others [ right to their respective writings and discoveries "U.S. Constitution art. I"] b : being independent from or not shared by others : sole [ ...
Exclusive Agency
see agency
Exclusive Agent
see agent
Exclusive Easement
see easement
Exclusive Jurisdiction
see jurisdiction
Exclusive Listing
a written contract giving a real estate agent the exclusive right to sell a property for a specific timeframe.
-pat·ed -pat·ing [Medieval Latin exculpare, from Latin ex- out of + culpa blame] : to clear from alleged fault or guilt [a statement…offered to the accused is not admissible unless ...
: tending or serving to exculpate [an clause in a contract] compare inculpatory
Exculpatory Evidence
see evidence
Exculpatory No Doctrine
: a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question ...
: having a basis for being excused or justified
Excusable Homicide
see homicide
Excusable Neglect
: the failure of a party to follow a required procedure in a timely fashion that results from a circumstance (as an accident) which is considered by the court to be sufficient reason to excuse that ...
: the act or an instance of excusing [ of a juror] compare challenge
ex·cused ex·cus·ing vt 1 : to grant exemption or release to [excused the prospective juror] [excused the witness after an hour of testimony] 2 : justify vi : to serve as an excuse ...
-cut·ed -cut·ing 1 : perform : as a : to carry out fully [includes not only executed violence, but also threatened violence "Louisiana Civil Code"] b : to do what is provided or required ...
Executed Trust
see trust
1 : the act or process of executing [witnessed the of the will] 2 : a putting to death as fulfillment of a judicial death sentence 3 : the process of enforcing a judgment (as against a debtor) ...
Execution Sale
see sale
: one who puts another to death in fulfillment of a judicial death sentence
1 : of or relating to the execution or carrying out of laws [serving a warrant is an function] ;esp : belonging to the branch of government that is charged with such powers as diplomatic ...
Executive Agreement
: an agreement (as an armistice) between the U.S. and a foreign government that is made by the president and usually deals with a subject within the president's powers compare treaty NOTE: An ...
Executive Immunity
see immunity
Executive Order
: an order issued by a government's executive on the basis of authority specifically granted to the executive branch (as by the U.S. Constitution or a congressional act) [the National Security Agency ...
Executive Power
see power
Executive Privilege
see privilege
Executive Session
: a closed session (as of the U.S. Senate) in which executive business (as consideration of appointments or ratification of treaties) is taken care of compare legislative session
: a person named by a testator to execute or carry out the instructions in a will compare administrator
Executor Fund
see fund
: designed or of such a nature as to be performed in the future or to take effect on a future contingency [cancellation of the portion of the contract "J. J. White and R. S. Summers"] compare ...
Executory Accord
: accord
Executory Contract
see contract
Executory Contract Or Lease
Generally includes contracts or leases under which both parties to the agreement have duties remaining to be performed. (If a contract or lease is executory, a debtor may assume it or reject it.)
Executory Devise
see devise
Executory Interest
see interest
Executory Limitation
: a limitation that creates an executory interest [a fee simple subject to an executory limitation] see also executory interest at interest
Executory Remainder
see remainder
Executory Trust
see trust
pl: ex·ec·u·tri·ces [-ze-kyə-trī-sēz] or: ex·ec·u·trix·es [-ze-kyə-trik-səz] : a woman who is an executor
Exemplary Damages
see damage
: free or released from some obligation or duty to which others are subject : not subject or liable [certain properties are declared to be and cannot be taken by a person's creditors "J. H. ...
Exempted Security
see security
1 : the act of exempting or state of being exempt 2 : one that exempts or is exempted: as a : an amount of income exempted from taxation that may be deducted from adjusted gross income under the ...
Exemptions, Exempt Property
Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able ...
1 : the discharge of an official function or professional occupation 2 : the act or an instance of carrying out the terms of an agreement (as an option)
: to use up or consume entirely: as a : to try all of (available remedies) [the applicant has ed the remedies available in the court of the State "U.S. Code"] b : to bring (a claim) through all ...
: the act or process of exhausting [even after the of direct appellate review "W. R. LaFave and J. H. Israel"] ;specif : exhaustion of remedies
Exhaustion Of Remedies
:a doctrine of civil and criminal procedure: a remedy cannot be sought in another forum (as a federal district court) until the remedies or claims have been exhausted in the forum having original ...
1 : to submit (as a document) to a court or officer in the course of proceedings ;also : to present or offer officially or in legal form 2 : to present to view or display outwardly ...
pl: -cies 1 : that which is required in a particular situation usually used in pl. 2 a : the quality or state of being exigent b : a state of affairs that makes urgent demands
: requiring immediate aid or action see also exigent circumstances
Exigent Circumstances
: circumstances that are of such urgency as to justify a warrantless entry, search, or seizure by police when a warrant would ordinarily be required compare knock and announce rule no-knock search ...
-at·ed -at·ing [Latin exonerare to relieve, free, discharge, from ex- out + onerare to burden, from oner- onus load] 1 : to relieve esp. of a charge, obligation, or hardship 2 : to clear ...
1 : the act of disburdening or discharging (as from a charge, liability, obligation, duty, or responsibility) ;also : the state of being so freed 2 a : the right of a person who has paid a debt for ...
expense, export, express
-at·ed -at·ing vt : to voluntarily withdraw (oneself) from allegiance to one's native country vi : to renounce allegiance to one's country and abandon one's nationality voluntarily ...
pl: -cies : something expected: as a : an interest held by a person who may receive something (as a bequest) in the future but has no enforceable right to it b : the benefit that will be received ...
Expectancy Damages
: expectation damages at damage
Expectancy Interest
: expectation interest at interest
Expectation Damages
see damage
Expectation Interest
see interest
Expectation Of Privacy
:a belief in the existence of freedom from unwanted esp. governmental intrusion in some thing or place compare zone of privacy NOTE: In order to successfully challenge a search or seizure as a ...
1 : the act or process of paying out 2 : something paid out see also capital expenditure
: financial burden or outlay ;specif : an item of business outlay chargeable against revenue for a specific period busi·ness expense : an expense made in furtherance of one's business esp. as ...
: a person with special or superior skill or knowledge in a particular area see also expert witness at witness
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 ...
Expert Witness
see witness
: to carry or send (as a commodity) to some other place (as another country) vi : to send something abroad ex·port [ek-spōrt] n ex·por·ta·bil·i·ty ...
ex·posed ex·pos·ing 1 : to subject to risk from a harmful action or condition: as a : to make (one) open to liability or financial loss b : to leave (a child) uncared-for and lacking ...
1 : the fact or condition of being exposed ;also : the possibility of loss caused by an outside source used in insurance 2 : the act or an instance of exposing 3 : something that exposes someone ...
: directly and distinctly stated or expressed rather than implied or left to inference compare implied
Express Agency
see agency
Express Authority
see authority
Express Condition
see condition
Express Contract
see contract
Express Malice
: actual malice at malice
Express Notice
see notice
Express Trust
see trust
Express Warranty
see warranty
Expressed Authority
: express authority at authority
Expressio Unius Est Exclusio Alterius
[New Latin, the explicit mention of one (thing) is the exclusion of another] : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same ...
1 : an act, process, or instance of representing or conveying in words or some other medium : speech [protected under the First Amendment] 2 : a mode or means of expressing an idea, opinion, or ...
1 : of or relating to expression 2 : serving to express or represent [ conduct protected by the First Amendment] ex·pres·sive·ly adv ex·pres·sive·ness n
: in an express manner : in definite and distinct terms [acceptance is conditional]
-at·ed -at·ing : to take (property) of an individual in the exercise of state sovereignty (as by eminent domain) ex·pro·pri·a·tion ...
: the act of expunging : the state of being expunged
ex·punged ex·pung·ing : to cancel out or destroy completely [ the court records of an acquitted defendant] ex·punge·ment n
: an increase in length of time ;specif : an increase in the time allowed under an agreement
1 : to cause the nonexistence of : do away with 2 : to cause (as a claim or right) to be void : nullify 3 : to get rid of (a debt or other liability) by payment or other compensatory adjustment ...
[Latin extortus, past participle of extorquere to remove by twisting, obtain by force, from ex- out + torquere to twist] : to obtain (as money) from a person by force, intimidation, or undue or ...
1 : the act or practice of extorting esp. money or other property ;specif : the act or practice of extorting by a public official acting under color of office 2 : the crime of extorting ...
: a certified copy of a document that forms part of or is preserved in a public record
-dit·ed -dit·ing 1 : to deliver up to extradition 2 : to obtain the extradition of ex·tra·dit·abil·i·ty [ek-strə-dī-tə-bi-lə-tē] n ...
[French, from Latin ex- out + traditio act of handing over, from tradere to hand over] : the surrender of an accused usually under the provisions of a treaty or statute by one sovereign (as a state ...
Extradition Warrant
see warrant
1 : not involving, occurring in, or forming part of a legal proceeding [a creditor's repossession of property] [an investigation] ;esp : out-of-court [an identification] 2 : stemming from ...
Extralateral Right
: the right of the holder of a mining claim on public land to mine veins whose tops are present on the surface of the claim even though the veins extend under the surface outside of the claim
: not regulated or sanctioned by law ex·tra·le·gal·ly adv
1 a : going beyond what is usual, regular, or customary ;specif : of, relating to, or having the nature of a proceeding or action not normally required by law or not prescribed for the regular ...
Extraordinary Dividend
see dividend
Extraordinary Remedy
: a procedure for obtaining judicial relief allowed when no other method is available, appropriate, or useful see also habeas corpus, mandamus, quo warranto
: existing or taking place outside the territorial limits of a jurisdiction
: exemption from the application or jurisdiction of local law or tribunals
Extreme Cruelty
: behavior toward a spouse that involves physical violence or threats thereof, acts calculated to destroy the peace of mind or health of the spouse, or acts destructive of the purpose of the marriage ...
: not contained in or occurring in something (as a contract) [an representation]
Extrinsic Evidence
see evidence
Extrinsic Fraud
see fraud
: one who sees an occurrence or object or sometimes experiences it through other senses (as hearing) and usually reports or testifies about it
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