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E
- electronic monitoring
- Type of sentencing or arrest wherein an individual is required to wear an electronic device which transmits the individual's whereabouts to a receiver that is monitored for violations. Usually used in connection with house arrest.
- elements of a crime
- Specific factors that define a crime, which the prosecution must prove beyond reasonable doubt in order to obtain conviction. Elements that must be proven are (1) that a crime actually occurred (actus reus), (2) that the accused intended the crime to happen (mens rea), (3) a timely relationship between the first two factors.
- embezzlement
- Fraudulently taking property or money entrusted to one individual by another.
- eminent domain
- Power of the government to take private property for public use, after paying the owner reasonable compensation. See condemnation.
- en banc
- All judges of a court sitting together. Appellate courts often hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.
- encumbrance
- A claim against property.
- enjoin
- To require a person, via an injunction, to perform or to abstain from performing some specific act.
- entrapment
- Defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed.
- equal protection of the law
- Guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons or classes of persons be treated equally by the law.
- equitable action
- Action which seeks just, fair, nonmonetary remedy, e.g., an injunction.
- equity
- Generally, justice or fairness; body of principles that determine what is just or fair. Historically, refers to a system of law developed in England in reaction to the legal inability of common law courts to consider or provide remedy for every injury. The king established a court of chancery to do justice between parties in cases where common law would give inadequate redress.
- escheat (iss SHEET)
- Process by which the property of one who has died goes to the state if no heir can be found.
- escrow
- Money or documents, (e.g., a deed), which are held ("in escrow") by a neutral third party until all conditions of an agreement are met.
- estate
- All properties owned by an individual when he/she dies.
- estate tax
- Tax paid on an estate as it passes to the heirs.
- estoppel
- Principle that prevents someone from claiming or denying something in court that contradicts what has already been established as fact.
- et al.
- And others.
- evidence
- Information presented in court to prove or disprove alleged facts. See also specific types, including admissible, best, character, circumstantial, clear and convincing, corroborating, direct, hearsay and expert evidence.
- ex delicto (ex dee LICK toh)
- Arising from a tort; breach of duty.
- ex parte (ex PART ee)
- On behalf of only one party, without notice to any other party. E.g., request for a search warrant is an ex parte proceeding since person subject to the search is not notified of proceeding.
- ex parte proceeding
- One in which only one side is represented. Differs from adversary system or proceeding.
- ex post facto (ex post FAC toh)
- After the fact. E.g., ex post facto laws permit conviction and punishment for a lawful act performed before law was changed and act was made illegal. The U.S. Constitution prohibits these.
- exception
- Formal objection to a court's ruling by either side in a civil or criminal case in order to reserve right to appeal judge's ruling upon a motion. Also, in regulatory cases, objections by one side to points made by the other side or to rulings by an agency or one of its hearing officers.
- exclusionary rule
- Rule preventing illegally obtained evidence to be used in any trial. See suppress.
- exculpate
- To free from blame or accusation, particularly in matters of small importance. Compare exonerate.
- execute (a judgment or decree)
- To put final judgment of court into effect.
- executor
- Personal representative, named in a will, who administers an estate. Compare administrator.
- exempt property
- Certain property protected by law from creditors.
- exhibit
- Document or other article introduced as evidence in court.
- exonerate
- Removal of a charge, duty or responsibility. Also, to clear completely from accusation or blame and any attendant suspicion of guilt. Compare exculpate.
- expert evidence
- Testimony relating to scientific, technical or professional matters given by persons particularly qualified by reason of special training, skill or familiarity with subject.
- expungement
- Official and formal removal of conviction from a criminal record.
- extenuating circumstances
- See mitigating circumstances.
- extortion
- Illegally obtaining money or property by force, threat, intimidation, or undue or illegal power.
- extradition
- Process by which one state or nation surrenders to another state or nation a person accused or convicted of a crime in the requesting state/nation.
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