- 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
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:
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
Executor -A personal representative, named in a will, who administers
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
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.
- 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
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.