All terms

Legal Terms: E

Easement

property

A legal right to use another person's land for a specific purpose without owning it.

Eighth Amendment

constitutional

The constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.

Ejectment

property

A legal action to recover possession of real property from someone who is unlawfully occupying it.

Emancipation

family

The legal process by which a minor is freed from parental control and granted the legal rights and responsibilities of an adult.

Embezzlement

criminal

The fraudulent taking of personal property by someone to whom it was entrusted, such as an employee stealing company funds.

Related:fraudtheft

Eminent Domain

property

The government's power to take private property for public use, provided it pays just compensation to the owner. Derived from the Fifth Amendment.

Emolument

constitutional

Payment or compensation for employment or services. The Emoluments Clause of the Constitution prohibits federal officials from receiving gifts from foreign governments.

Employment Contract

employment

An agreement between an employer and employee that specifies the terms of employment, including duties, compensation, and termination conditions.

Enabling Statute

administrative

A law that grants authority to a government agency or official to take certain actions, such as creating regulations.

Encroachment

property

An intrusion upon the property or rights of another, such as a building or fence extending onto a neighbor's land.

Encumbrance

property

A claim, lien, or liability attached to real property that may diminish its value or restrict its use, such as a mortgage, easement, or tax lien.

Related:lienmortgage

Enjoin

civil procedure

To issue a court order (injunction) requiring or prohibiting a specific action.

Entrapment

criminal

A defense in criminal law claiming that law enforcement induced a person to commit a crime they would not otherwise have committed.

Equal Opportunity

employment

The principle that all people should be treated fairly and given the same chances for employment, education, and other benefits regardless of protected characteristics.

Equal Protection

constitutional

The Fourteenth Amendment guarantee that all persons shall receive equal treatment under the law and that no state shall deny equal protection of the laws.

Equitable Distribution

family

A method of dividing marital property in a divorce based on fairness rather than an equal split, considering various factors.

Equity

general

A branch of law providing remedies beyond monetary damages, such as injunctions and specific performance. Also refers to ownership value in an asset.

Equity of Redemption

property

The right of a mortgagor to reclaim property by paying the full mortgage debt before or after foreclosure, depending on state law.

Escheat

estate

The reversion of property to the state when a person dies without a will and without legal heirs.

Escrow

property

An arrangement in which money, property, or documents are held by a neutral third party until specified conditions are met.

Related:closingdeed

Estate

estate

All of the property and assets owned by a person, especially at the time of death. Also refers to an ownership interest in land.

Related:probatewill

Estate Planning

estate

The process of arranging for the management and distribution of a person's assets during their lifetime and after death.

Related:willtrust

Estoppel

general

A legal principle that prevents a person from asserting a position inconsistent with their previous conduct or representations if another party relied on those representations.

Estoppel by Deed

property

A doctrine preventing a grantor who conveys property by warranty deed from later claiming they did not have title at the time of conveyance.

Related:deedestoppel

Eviction

property

The legal process of removing a tenant from a rental property, typically for nonpayment of rent or lease violations.

Evidence

evidence

Any form of proof presented in court to establish or disprove facts in a case, including testimony, documents, physical objects, and digital records.

Ex Parte

civil procedure

A legal proceeding or order involving only one party, without notice to or participation by the opposing party.

Exclusionary Rule

criminal

A legal principle that prohibits evidence obtained in violation of the defendant's constitutional rights from being used at trial.

Exculpatory Clause

contracts

A contract provision that releases one party from liability for damages caused by their own negligence.

Exculpatory Evidence

criminal

Evidence tending to establish a criminal defendant's innocence. Prosecutors must disclose exculpatory evidence under the Brady rule.

Executor

estate

A person named in a will to manage the deceased person's estate, including distributing assets and paying debts.

Related:probatewill

Exemption

bankruptcy

Property or income that is protected from seizure by creditors or from taxation. In bankruptcy, exemptions determine what property the debtor may keep.

Exhaustion of Remedies

administrative

The requirement that a party pursue all available administrative remedies before seeking judicial review.

Expert Witness

evidence

A person with specialized knowledge, training, or experience who is qualified to provide an opinion on technical or scientific matters in a legal proceeding.

Expungement

criminal

The legal process of sealing or destroying a criminal record so that it is no longer accessible to the public.

Extortion

criminal

The crime of obtaining money, property, or services through coercion, threats, or intimidation.

Extradition

criminal

The formal process of surrendering a person accused or convicted of a crime from one jurisdiction (state or country) to another.