Legal Dictionary

eleemosynary

(eh-luh-moss-uh-nary) adj. charitable, as applied to a purpose or institution.

emancipation

n. freeing a minor child from the control of parents and allowing the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Emancipation may also end the responsibility of a parent for the acts of a child, including debts, negligence or criminal acts. Sometimes it is one of the events which cuts off the obligation of a divorced parent to pay child support.

embezzler

n. a person who commits the crime of embezzlement by fraudulently taking funds or property of an employer or trust.

emergency

n. a sudden, unforeseen happening which requires action to correct or to protect lives and/or property.

emolument

n. salary, wages and benefits paid for employment or an office held.

employee

n. a person who is hired for a wage, salary, fee or payment to perform work for an employer. The employee is called an agent and the employer is called the principal. This is important to determine if one is acting as employee when injured (for worker's compensation) or when he/she causes damage to another, thereby making the employer liable for damages to the injured party.

employment

n. the hiring of a person for compensation. It is important to determine if acts occurred in the "scope of employment" to establish the possible responsibility of the employer to the employee for injuries on the job or to the public for acts of the employee.

enabling clause

n. a provision in a new statute which empowers a particular public official (Governor, State Treasurer) to put it into effect, including making expenditures.

encroach

v. to build a structure which is in whole or in part across the property line of another's real property. This may occur due to incorrect surveys, guesses or miscalculations by builders and/or owners when erecting a building. The solutions vary from giving the encroaching party an easement or lease (for a price, usually) for the lifetime of the building, or if the structure is small, actually moving it onto the owner's own property.

encumbrance

(incumbrance)n. a general term for any claim or lien on a parcel of real property. These include: mortgages, deeds of trust, recorded abstracts of judgment, unpaid real property taxes. While the owner has title, any encumbrance is usually on record and must be paid for at some point.

endorsement

(indorsement)n. 1) the act of the owner or payee signing his/her name to the back of a check, bill of exchange or other negotiable instrument so as to make it payable to another or cashable by any person. An endorsement may be made after a specific direction "for deposit only", called a qualified endorsement, or with no qualifying language, thereby making it payable to the holder, called a blank endorsement. There are also other forms of endorsement which may give credit or restrict the use of the check. 2) the act of pledging or committing support to a program, proposal or candidate.

enjoin

v. for a court to order that someone either do a specific act, cease a course of conduct or be prohibited from committing a certain act. To obtain such an order, called an injunction, a private party or public agency has to file a petition for a writ of injunction, serve it on the party he/she/it hopes to be enjoined, allowing time for a written response. Then a court hearing is held in which the judge will consider evidence, both written and oral, listen to the arguments and then either grant the writ or deny it. If granted the court will issue a final or permanent injunction. A preliminary injunction or temporary injunction is an order made by the court while the matter is being processed and considered, based on the petition and any accompanying declarations, either of which is intended to keep matters in status quo (as they are) or prevent possible irreparable harm (like cutting trees, poisoning a stream or moving out of the country with a child or money) until a final decision is made.

enter a judgment

v. to officially record a judgment on the "judgment roll," which entry is normally performed by the court clerk once the exact wording of the judgment has been prepared or approved and signed by the trial judge. All times for appeal and other post-judgment actions are based on the date of the entry of judgment and not the date when the judgment is announced.

entrapment

n. in criminal law, the act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead. The key to entrapment is whether the idea for the commission or encouragement of the criminal act originated with the police or government agents instead of with the "criminal." Entrapment, if proved, is a defense to a criminal prosecution. The accused often claims entrapment in so-called "stings" in which undercover agents buy or sell narcotics, prostitutes' services or arrange to purchase goods believed to be stolen.

environmental impact report

n. a study of all the factors which a land development or construction project would have on the environment in the area, including population, traffic, schools, fire protection, endangered species, archeological artifacts and community beauty. A report has to be submitted to the local governments before the development or project can be approved, unless the governmental body finds there is no possible impact, which finding is called a "negative declaration."

equal opportunity

1) n. a right supposedly guaranteed by law against any discrimination in employment, education, housing or credit rights due to a person's race, color, sex (or sometimes sexual orientation), religion, national origin, age or handicap. A person who believes he/she has not been granted equal opportunity or has been outright sexually harassed or discriminated against may file a lawsuit. 2) adj. a term applied to employers, lenders and landlords, who advertise that they are "equal opportunity employers," subtly suggesting all others are not, even though they are required by law to be so.

equitable

adj. 1) just, based on fairness and not legal technicalities. 2) refers to positive remedies (orders to do something, not money damages) employed by the courts to solve disputes or give relief.

equitable lien

n. a lien on property imposed by a court in order to achieve fairness, particularly when someone has possession of property which he/she holds for another.

equity of redemption

n. the right of a mortgagor (person owing on a loan or debt against their real property), after commencement of foreclosure proceedings, to "cure" his/her default by making delinquent payments. The mortgagor also must pay all accumulated costs as well as the delinquency to keep the property.

ergo

(air-go)conj. Latin for "therefore," often used in legal writings. Its most famous use was in Cogito, ergo sum: "I think, therefore I am" principle by French philosopher Rene Descartes (1596-1650).

error

n. a mistake by a judge in procedure or in substantive law, during a hearing, upon petitions or motions, denial of rights, during the conduct of a trial (either granting or denying objections), on approving or denying jury instructions, on a judgment not supported by facts or applicable law or any other step in the judicial process. If a majority of an appeals court finds an error or errors which affect the result, or a denial of fundamental rights such as due process, the higher court will reverse the lower court's error in whole or in part (the entire judgment or a part of it), and remand (send it back) with instructions to the lower court. Appeals courts often find errors which have no prejudicial effect on the rights of a party and are thus harmless error.

escalator clause

n. a provision in a lease or other agreement in which rent, installment payments or alimony, for example, will increase from time to time when the cost of living index (or a similar gauge) goes up. Often there is a maximum amount of increase ("cap") and seldom is there a provision for reduction if the cost of living goes down or for deflation instead of inflation.

escheat

n. from old French eschete, which meant "that which falls to one," the forfeit of all property (including bank accounts) to the state treasury if it appears certain that there are no heirs, descendants or named beneficiaries to take the property upon the death of the last known owner.

escrow agent

n. a person or entity holding documents and funds in a transfer of real property, acting for both parties pursuant to instructions. Typically the agent is a person (commonly an attorney), escrow company or title company, depending on local practice.

espionage

n. the crime of spying on the government and/or transferring government secrets on behalf of a foreign country. The other country need not be an "enemy," so espionage may not be treason, which involves aiding an enemy.