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Legal Dictionary

  
  
 
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 

estate

n. 1) all that one owns in real estate and other assets. 2) commonly, all the possessions of one who has died and are subject to probate (administration supervised by the court) and distribution to heirs and beneficiaries, all the possessions which a guardian manages for a ward (young person requiring protection and administration of affairs), or assets a conservator manages for a conservatee (a person whose physical or mental lack of competence requires administration of his/her affairs). 3) an alternative term for real property interest which is used in conjunction with another defining word, like "life estate," "estate for years," or "real estate."

estate by entirety

n. tenancy by the entirety.

estop

v. to halt, bar or prevent.

estoppel

n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).

et al.

n. abbreviation for the Latin phrase et alii meaning "and others." This is commonly used in shortening the name of a case.

et seq.

(et seek) n. abbreviation for the Latin phrase et sequentes meaning "and the following." It is commonly used by lawyers to include numbered lists, pages or sections after the first number is stated.

et ux.

(et uhks) n. abbreviation for the Latin words et uxor meaning "and wife." It is usually found in deeds, tax assessment rolls and other documents in the form "John Abraham et ux.," to show that the wife as well as the husband own property. The connotation that somehow the wife is merely an adjunct to her husband, as well as the modern concepts of joint tenancy, tenancy in common, community property where applicable and equal rights of the sexes have combined to make the expression a chauvinistic anachronism.

evasion of tax

n. the intentional attempt to avoid paying taxes through fraudulent means, as distinguished from late payment, using legal "loopholes" or errors.

eviction

n. a generic word for the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive eviction). Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy.

evidence

n. every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial). It also includes so-called "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Comments and arguments by the attorneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence. Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence. Evidence must survive objections of opposing attorneys that it is irrelevant, immaterial or violates rules against "hearsay" (statements by a party not in court), and/or other technicalities.

ex delicto

(ex dee-lick-toe)adj. Latin for a reference to something that arises out of a fault or wrong, but not out of contracts. Of only academic interest today, it identified actions which were civil wrongs (torts).

ex officio

a (ex oh-fish-ee-oh)dj. Latin for "from the office," to describe someone who has a right because of an office held, such as being allowed to sit on a committee simply because one is president of the corporation.

ex parte

(ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer at the time and place of any ex parte hearing.

ex post facto

adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increasing the penalty for a crime after it is committed.

examination

n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney. A principal difference is that an attorney putting questions to his own witness cannot ask "leading" questions, which put words in the mouth of the witness or suggest the answer, while on cross-examination he/she can pose a question that seems to contain an answer or suggest language for the witness to use or agree to. 2) in bankruptcy, the questions asked of a debtor by the judge, trustee in bankruptcy, attorneys or even creditors, to determine the state of the debtor's affairs. 3) in criminal law, a preliminary examination is a hearing before a judge or other magistrate to determine whether a defendant charged with a felony should be held for trial. Usually this is held by a lower court and if there is any substantial evidence to show a felony has been committed by the defendant he/she is bound over to the appropriate court for trial, but otherwise the charge will be dismissed by the judge.

exception

n. 1) a formal objection during trial ("We take exception, or simply, "exception")" to the ruling of a judge on any matter, including rulings on objections to evidence, to show to a higher court that the lawyer did not agree with the ruling. In modern practice, it is not necessary "to take exception" to a judge's adverse ruling, since it is now assumed that the attorney against whom the ruling is made objects. This also keeps the transcribed record from being cluttered with shouts of "exception." 2) in contracts, statutes or deeds, a statement that some matter is not included.

exception in deed

n. a notation in a deed of title to real property which states that certain interests, such as easements or a life estate, are not included in the transfer (conveyance) of title.

excessive bail

n. an amount of bail ordered posted by an accused defendant which is much more than necessary or usual to assure he/she will make court appearances, particularly in relation to minor crimes. If excessive bail is claimed, the defendant can make a motion for reduction of bail, and if it is not granted, he/she can then apply directly to a court of appeal for reduction.

exchange

1) v. to trade or barter property, goods and/or services for other property, goods and/or services, unlike a sale or employment in which money is paid for the property, goods or services. 2) n. the act of making a trade or barter. An exchange of "equivalent" property, including real estate, can defer capital gains taxation until the acquired property is sold.

excise

n. a tax upon manufacture, sale or for a business license or charter, as distinguished from a tax on real property, income or estates. Sometimes it is redundantly called an excise tax.

exclusionary rule

n. the rule that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is "excluded" upon a motion to suppress made by the lawyer for the accused.

exculpatory

adj. applied to evidence which may justify or excuse an accused defendant's actions and which will tend to show the defendant is not guilty or has no criminal intent.

excusable neglect

n. a legitimate excuse for the failure of a party or his/her lawyer to take required action (like filing an answer to a complaint) on time. This is usually claimed to set aside a default judgment for failure to answer (or otherwise respond) in the period set by law. However, if the defendant loses the complaint or fails to call his/her attorney the courts will be less lenient. In any event, the defendant must also show he/she had some worthwhile defense.

execute

v. 1) to finish, complete or perform as required, as in fulfilling one's obligations under a contract or a court order. 2) to sign and otherwise complete a document, such as acknowledging the signature if required to make the document valid. 3) to seize property under court order. 4) to put to death pursuant to a sentence rendered by a court.

executed

1) adj. to have been completed. (Example: "it is an executed contract") 2) v. to have completed or fully performed. (Example: "he executed all the promises made in the contract") 3) v. completed and formally signed a document, such as a deed, contract or lease. 4) v. to have been put to death for a crime pursuant to a death sentence.

execution

n. 1) the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it and use the proceeds to pay the judgment. The procedure is to take the judgment to the clerk of the court and have a writ of execution issued which is taken to the constable or other authorized official with instructions on what property to execute upon. In the case of real property the official must first levy (place a lien on the title), and then execute upon it (seize it). However, the judgment debtor (loser in the lawsuit) may pay the judgment and costs before sale to redeem real estate. 2) carrying out a death sentence.

executive clemency

n. the power of a President in criminal cases to pardon a person convicted of a crime, commute the sentence (shorten it, often to time already served) or reduce it from death to another lesser sentence. There are many reasons for exercising this power, including real doubts about the guilt of the party, apparent excessive sentence, humanitarian reasons such as illness of an aged inmate, to clear the record of someone who has demonstrated rehabilitation or public service.

executive order

n. a President's or Governor's declaration which has the force of law, usually based on existing statutory powers, and requiring no action by the state legislature.

executive privilege

n. a claim by the President or another high official of the executive branch that he/she need not answer a request (including a subpena issued by a court) for confidential government or personal communications, on the ground that such revelations would hamper effective governmental operations and decision-making. The rationale is that such a demand would violate the principle of separation of powers among the executive, legislative and judicial branches.

executor

n. the person appointed to administer the estate of a person who has died leaving a will which nominates that person. Unless there is a valid objection, the judge will appoint the person named in the will to be executor. The executor must insure that the person's desires expressed in the will are carried out. Practical responsibilities include gathering up and protecting the assets of the estate, obtaining information in regard to all beneficiaries named in the will and any other potential heirs, collecting and arranging for payment of debts of the estate, approving or disapproving creditor's claims, making sure estate taxes are calculated, forms filed and tax payments made, and in all ways assisting the attorney for the estate (which the executor can select).

executory

adj. something not yet performed or done. Examples: an executory contract is one in which all or part of the required performance has not been done; an executory bequest is a gift under a will which has not been distributed to the beneficiary.

executory interest

n. an interest in property (particularly real estate) which will only pass to another in the future, or never, if certain events occur.

executrix

(pl. executrices) n. Latin for female executor. However, the term executor is now unisex.

exemplary damages

n. often called punitive damages, these are damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, wanton or grossly reckless. Examples of acts warranting exemplary damages: publishing that someone had committed murders when the publisher knew it was not true but hated the person; an ex-husband trashes his former wife's property; a stockbroker buys and sells a widow's stocks to generate commissions resulting in her losing all her capital (money). These damages are awarded both as a punishment and to set a public example. They reward the plaintiff for the horrible nature of what she/he went through or suffered. Although often requested, exemplary damages are seldom awarded. There have been major awards in egregious (remarkable or outstanding) cases, such as fraud schemes, sexual harassment or other intentional and vicious actions even when the provable actual damages were not extensive

exemption

n. 1) in income taxation, a credit given for each dependent, blindness or other disability, and senior citizens, which result in a downward calculation in tax levels. These are not to be confused with deductions, which reduce gross income upon which taxes are paid. 2) a right to be excluded from, such as not being subject to attachment of one's wages if one is in a low-income bracket.

exhibit

n. 1) a document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence. 2) a copy of a paper attached to a pleading (any legal paper filed in a lawsuit), declaration, affidavit or other document, which is referred to and incorporated into the main document.

expectancy

n. a possibility of future enjoyment of something one counts on receiving, usually referring to real property or the estate of a deceased person, such as a remainder, reversion, or distribution after the death of someone who has use for life.

expense

n. in business accounting and business taxation, any current cost of operation, such as rent, utilities and payroll, as distinguished from capital expenditure for long-term property and equipment.

expert testimony

n. opinions stated during trial or deposition (testimony under oath before trial) by a specialist qualified as an expert on a subject relevant to a lawsuit or a criminal case

expert witness

n. a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case. It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects. Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.

express

adj. direct, unambiguous, distinct language, particularly in a contract, which does not require thought, guessing, inference or implication to determine the meaning.

express contract

n. a contract in which all elements are specifically stated (offer, acceptance, consideration), and the terms are stated, as compared to an "implied" contract in which the existence of the contract is assumed by the circumstances.

expropriation

n. a taking of property or rights by governmental authority such as eminent domain, possibly including an emergency situation, such as taking a person's truck or bulldozer to build a levee during a flood. In such a case just compensation eventually must be paid to the owner, who can make a claim against the taker.

extension

n. granting of a specific amount of extra time to make a payment, file a legal document after the date due or continue a lease after the original expiration of the term

extenuating circumstances

n. surrounding factors (sometimes called mitigation) which make a crime appear less serious, less aggravated or without criminal intent, and thus warranting a more lenient punishment or lesser charge (manslaughter rather than murder, for example).

extinguishment

n. the cancellation or destruction of a right, quite often because the time for enforcement has passed.

extortion

n. obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right.

extradition

n. the surrender by one country of a person charged with a crime in another country. International extradition is more difficult and is governed in many cases by treaty. While most countries will extradite persons charged with serious crimes, some will not, others refuse to extradite for certain crimes, set up legal roadblocks.

extrajudicial

adj. referring to actions outside the judicial (court) system, such as an extralegal confession, which, if brought in as evidence, may be recognized by the judge during a trial.

extraordinary fees

n. attorneys' fees claimed, usually in the administration of a dead person's estate, for work beyond the normal, including filing collection suits, preparing tax returns or requiring unusual effort beneficial to the estate. This claim is in addition to the usual statutory or court-approved legal fees. The attorney must submit proof of time, effort and benefit to justify the claim, and the final determination is at the judge's discretion.

 
 

Legal Dictionary (PDF File)

Black's Law Dictionary (PDF File)

Law Dictionaries (i.e. Black's Law Dictionary)

  • Barron's Dictionary of Legal Terms A simplified guide to the language of law.
  • Black's Law Dictionary 8th Edition Black’s Law Dictionary is the definitive legal resource for lawyers, law students and laypeople alike. Edited by the world’s foremost legal lexicographer, Bryan A. Garner, Black's Law Dictionary is known for its clear and precise legal definitions, substantive accuracy, and stylistic clarity — making it the most cited legal dictionary in print.
  • Dean's Law Dictionary Version 73 Seeing is believing and you can easily download and see first hand the unsurpassed professional quality of our state-of-the-art definitions in our Digital Legal Dictionary. Discover for yourself all of the unmatched features you get with Dean's Law Dictionary.
  • Oxford Dictionary of Law This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,200 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system.
  • Webster's New World Law Dictionary Law has a language all its own. Webster's New World Law Dictionary translates it clearly. Written in plain English, it's much easier to understand than typical legal documents.

Online Law Dictionaries

  • Duhaime's Law Dictionary Duhaime's Law Dictionary is designed to offer one-stop shopping to all of us who occasionally need to know what a certain legal word means, because our rights stand to be affected by a reference to it, or because of employment or academic research requirements.
  • John Bouvier's Law Dictionary Adapted to the Constitution and laws of the United States of America and of the several states of the American union.
  • Latin Legal Terms Dictionary This small collection of most widely used Latin words and expressions from the legal jargon is a gem. Many of these Latin terms are used in modern legal terminology.
  • Law Dictionary - Look Up Legal dictionary search engine for legal terminology definitions and legal abbreviations.
  • Law.com Legal Dictionary This dictionary allows you to look up the definition of a legal term by entering a word or phrase.
  • Lectric Law Library's Dictionary This is what many consider the Net's best law dictionary. It offers thousands of definitions & explanations of legal terms, phrases & concepts. Please note that LLL's Legal Lexicon addresses mainly US law. Although the layman can also gain great benefit out of this lexicon, it probably suits lawyers and professionals best.
  • Legal Dictionary by The Free Dictionary The main source of TheFreeDictionary's legal dictionary is West's Encyclopedia of American Law, Edition 2, which contains more than 4,000 entries detailing terms, concepts, events, movements, cases, and individuals significant to United States law.
  • LegalGlossary.org A good source to find definitions for legal terms.
 
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