LEGAL GLOSSARY

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embezzlement - The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another.

 

eminent domain - The power to take private property for public use by the state and municipalities.

 

en banc - A proceeding in which the entire membership of the court will participate in the decision.

 

enjoin - To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. See injunction.

 

entrapment - The act of officers or agents of a government in inducing a person to commit a crime otherwise not contemplated for the purpose of instituting a criminal prosecution against that person.

 

equitable action - An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

 

equity, courts of - Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.

 

escheat - In American law, the right of the state to an estate left vacant, to which no one makes a valid claim.

 

escrow - A writing, deed money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled.  

 

estate - A collective term meaning all real and personal property owned by a person.

 

estoppel - A person's own act. or acceptance of facts. which preclude later claims to the contrary.

 

et al - An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.

 

et seq - An abbreviation for et sequentes, or et sequential "and the following," ordinarily used in referring to a section of statutes.

 

evidence - Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact.

 

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 proceeding.

 

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.

 

exclusive jurisdiction - The matter can only be filed in one court.

 

executor - A person assigned to carry out the provisions of a will.

 

exhibit - A paper, document or other article presented and offered into evidence in court during a trial or hearing or prove the facts of a case.

 

ex contractu - Arising from a contract.

 

ex delicto - Arising from a wrong, breach of duty. See tort.

ex parte - By or for a single party; done for, in behalf of or on the application of one party only as distinguished from an adversary (contested).

 

expert testimony - Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject.

 

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.

 

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 it 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 warranto