Glossary
of Legal Terms
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E -
Elements of
a crime - Specific factors that define a crime which the
prosecution must prove beyond a reasonable doubt in order to
obtain a conviction: (1) that a crime has actually occurred, (2)
that the accused intended the crime to happen, and (3) a timely
relationship between the first two factors.
Eminent Domain - The power of the government to take
private property for public use through condemnation.
En Banc - All the judges of a court sitting together.
Appellate courts can consist of a dozen or more judges, but
often they hear cases in panels of three judges. If a case is
heard or reheard by the full court, it is heard en banc.
Encyclopedia - A book or series of books arranged
alphabetically by topics containing information on areas of law,
including citations to support the information.
Enjoining - An order by the court telling a person to
stop performing a specific act.
Entity - A person or legally recognized organization.
Entrapment - The act of inducing a person to commit a
crime so that a criminal charge will be brought against him.
Entry - A statement of conclusion reached by the court
and placed in the court record.
Environment - The conditions, influences, or forces which
affect the desirability and value of property, as well as the
effect on people's lives.
Environmental Protection (EPA) - A federal agency created
to permit coordinated and environment effective governmental
action to preserve the quality of the . Agency
Equal Protection of the Law - The guarantee in the
Fourteenth Amendment to the U.S. Constitution that all persons
be treated equally by the law.
Equity - Justice administered according to fairness; the
spirit or habit of fairness in dealing with other persons.
Escheat - The process by which a deceased person's
property goes to the state if no heir can be found.
Escrow - Money or a written instrument such as a deed
that, by agreement between two parties, is held by a neutral
third party (held in escrow) until all conditions of the
agreement are met.
Esquire - In the United States the title commonly
appended after the name of an attorney. In English law a title
of dignity next above gentleman and below knight. Title also
given to barristers at law and others. Abbreviated: Esq.
Estate- A person's property.
Estate tax - Generally, a tax on the privilege of
transferring property to others after a person's death. In
addition to federal estate taxes, many states have their own
estate taxes.
Estoppel - An impediment that prevents a person from
asserting or doing something contrary to his own previous
assertion or act.
Ethics - Of or relating to moral action and conduct;
professionally right; conforming to professional standards.
Evidence - Information presented in testimony or in
documents that is used to persuade the fact finder (judge or
jury) to decide the case for one side or the other.
Exceptions - Declarations by either side in a civil or
criminal case reserving the right to appeal a judge's ruling
upon a motion. Also, in regulatory cases, objections by either
side to points made by the other side or to rulings by the
agency or one of its hearing officers.
Exclusionary Rule - The rule preventing illegally
obtained evidence to be used in any trial.
Execute - To complete; to sign; to carry out according to
its terms.
Executor - A personal representative, named in a will,
who administers an estate.
Exempt property - All the property of a debtor which is
not attachable under the Bankruptcy Code or the state statute.
Exhibit - A document or other item introduced as evidence
during a trial or hearing.
Exonerate - Removal of a charge, responsibility, or duty.
Ex parte - On behalf of only one party, without notice to
any other party. For example, a request for a search warrant is
an ex parte proceeding, since the person subject to the search
is not notified of the proceeding and is not present at the
hearing.
Ex parte proceeding - Action Circumstances which render a
crime less aggravated, heinous, or reprehensible than it would
otherwise be.
Expungement - The process by which the record of criminal
conviction is destroyed or sealed.
Extradition - The surrender of an accused criminal by one
state to the jurisdiction of another.
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F -
Fair market
value - The value for which a reasonable seller would sell
an item of property and for which a reasonable buyer would buy
it.
Family law - Those areas of the law pertaining to
families, i.e., marriage, divorce, child custody, juvenile,
paternity, etc.
Federal Aviation Agency (FAA) - A federal agency which
regulates air commerce to promote aviation Administration
safety.
Federal Bureau of (FBI) - A federal agency which
investigates all violations of federal Investigation laws.
Federal Communications (FCC) - A federal agency which
regulates interstate and foreign Commission communications by
wire and radio.
Federal Deposit Insurance (FDIC) - An agency which
insures deposits in banking institutions in Corporation the
event of financial failure.
Federal Mediation and Conciliation Service - An agency
which provides mediators to assist in labor-management disputes.
Federal Register - A daily publication which contains
federal administrative rules and regulations.
Federal Supplement - Books which gives the government
certain control and power to regulate discharge of pollutants
into the nation's waters in an effort to achieve clean waters.
Federal Unemployment Tax - A tax levied on employers
based on employee wages paid. (FUTA tax)
Felony - A serious criminal offense. Under federal law
any offense punishable by death or imprisonment for a term
exceeding one year.
Fiduciary - A person or institution who manages money or
property for another and who must exercise a standard care
imposed by law, i.e., personal representative or executor of an
estate, a trustee, etc.
File - To place a paper in the official custody of the
clerk of court/court administrator to enter into the files or
records of a case.
Filing Fee - The fee required for filing various
documents.
Finding - Formal conclusion by a judge or regulatory
agency on issues of fact. Also, a conclusion by a jury regarding
a fact.
Food and Drug (FDA) - A federal agency which sets safety
and quality standards for Administration food, drugs, cosmetics,
and household substances.
Foreclosure - A court proceeding upon default in a
mortgage to vest title in the mortgagee.
Forfeiture - A cancellation. A legal action whereby a
contract purchaser following default loses all his interest in
the property.
Fraud - A false representation of a matter of fact which
is intended to deceive another.
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