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Law Glossary
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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.
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.
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.
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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