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Glossary
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equal protection of the law
Guarantee of the Fourteenth Amendment of the U.S. Constitution that all persons receive equal treatment under law. |
et al
And others. |
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evidence
Any form of proof presented by a party for the purpose of supporting its factual allegations or arguments before the court. |
exclusionary rule
A judge-made rule that prevents unconstitutionally obtained evidence from being used in court to build a case against a criminal defendant. |
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exemplary damages
An order to pay money as a form of punishment or deterrence from future error that has caused legal injury; also known as punitive damages. |
en banc
All the judges of an appellate court sitting together to hear oral arguments in a case of unusual significance and to decide the case. |
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enjoin
To require a person, through the issuance of an injunction, to perform or to abstain from some specific act. |
ex post facto
After the fact. The Constitution prohibits the enactment of ex post facto laws-laws that make punishable as a crime an act done before the passing of the law. |
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equitable action
An action that may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action. An action seeking an injunction is an equitable action. |
escheat
The process by which a deceased persons property goes to the state if no heir can be found. |
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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. |
estate
Applies to all that a person owns. An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person. |
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execute
To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect. |
exhibit
A paper, document or other article produced and exhibited to a judge or jury during a trial or hearing. |
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ex parte
By or for one party; done for, on behalf of, or on the application of, one party only. |
expungement
The official and formal elimination of part of a record. |
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extradition
The process by which one jurisdiction (state or nation) surrenders to another jurisdiction a person accused or convicted of a crime in the other state. |
easement
A right or interest in land granted to a party to make benficial use of the land owned by another. |
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Electronic Signatures in Global and International Commerce Act
The federal statute that specifies that electronic contracts containing electronic signatures are as enforceable as those that are printed on paper. |
emancipation
In contract law, the condition that exists when minors are no longer under the control of their parents and are responsible for their contracts. |
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embezzlement
The wrongful taking of money or other property that has been entrusted to a person as part of his or her job. |
eminent domain
When ownership of real property is taken by the government and the previous owner is compensated at the fair market value of the property. |
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Environmental Protection Agency (EPA)
A federal agency responsible for regulating business activities as they relate to the environment. |
estoppel
A bar to using contradictory words or acts in asserting a claim against each another. |
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ethics
The philosophical study of what is right and wrong, good and bad. |
eviction
An action that denies the tenant the use of the premises. |
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executive branch
The branch of a government body that consists of an elected executive, including his or her appointed staff. |
executor
A personal representative named in a will to handle matters involving the estate of a deceased person. |
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existing goods
Goods that physically exist and are owned by the seller at the time of sale. |
express authority
An agent's authority that the principle voluntarily and specifically sets forth as oral or written instructions in an agency agreement. |
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express contract
A contract that explicitly states the agreement of the parties, either orally or in writing. |
express powers
Powers that are explicitly stated; for example, in the U.S. Constitution. |
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express warranty
An explicit, specifically stated promise. |
extortion
The act of taking or demanding money or other property from someone by using force, threats of force, or economic harm. |



