Legal Terms: E
Easement
propertyA legal right to use another person's land for a specific purpose without owning it.
Eighth Amendment
constitutionalThe constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.
Ejectment
propertyA legal action to recover possession of real property from someone who is unlawfully occupying it.
Emancipation
familyThe legal process by which a minor is freed from parental control and granted the legal rights and responsibilities of an adult.
Embezzlement
criminalThe fraudulent taking of personal property by someone to whom it was entrusted, such as an employee stealing company funds.
Eminent Domain
propertyThe government's power to take private property for public use, provided it pays just compensation to the owner. Derived from the Fifth Amendment.
Emolument
constitutionalPayment or compensation for employment or services. The Emoluments Clause of the Constitution prohibits federal officials from receiving gifts from foreign governments.
Employment Contract
employmentAn agreement between an employer and employee that specifies the terms of employment, including duties, compensation, and termination conditions.
Enabling Statute
administrativeA law that grants authority to a government agency or official to take certain actions, such as creating regulations.
Encroachment
propertyAn intrusion upon the property or rights of another, such as a building or fence extending onto a neighbor's land.
Encumbrance
propertyA 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.
Enjoin
civil procedureTo issue a court order (injunction) requiring or prohibiting a specific action.
Entrapment
criminalA defense in criminal law claiming that law enforcement induced a person to commit a crime they would not otherwise have committed.
Equal Opportunity
employmentThe 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
constitutionalThe 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
familyA method of dividing marital property in a divorce based on fairness rather than an equal split, considering various factors.
Equity
generalA 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
propertyThe right of a mortgagor to reclaim property by paying the full mortgage debt before or after foreclosure, depending on state law.
Escheat
estateThe reversion of property to the state when a person dies without a will and without legal heirs.
Escrow
propertyAn arrangement in which money, property, or documents are held by a neutral third party until specified conditions are met.
Estate
estateAll of the property and assets owned by a person, especially at the time of death. Also refers to an ownership interest in land.
Estate Planning
estateThe process of arranging for the management and distribution of a person's assets during their lifetime and after death.
Estoppel
generalA 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
propertyA doctrine preventing a grantor who conveys property by warranty deed from later claiming they did not have title at the time of conveyance.
Eviction
propertyThe legal process of removing a tenant from a rental property, typically for nonpayment of rent or lease violations.
Evidence
evidenceAny 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 procedureA legal proceeding or order involving only one party, without notice to or participation by the opposing party.
Exclusionary Rule
criminalA legal principle that prohibits evidence obtained in violation of the defendant's constitutional rights from being used at trial.
Exculpatory Clause
contractsA contract provision that releases one party from liability for damages caused by their own negligence.
Exculpatory Evidence
criminalEvidence tending to establish a criminal defendant's innocence. Prosecutors must disclose exculpatory evidence under the Brady rule.
Executor
estateA person named in a will to manage the deceased person's estate, including distributing assets and paying debts.
Exemption
bankruptcyProperty 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
administrativeThe requirement that a party pursue all available administrative remedies before seeking judicial review.
Expert Witness
evidenceA person with specialized knowledge, training, or experience who is qualified to provide an opinion on technical or scientific matters in a legal proceeding.
Expungement
criminalThe legal process of sealing or destroying a criminal record so that it is no longer accessible to the public.
Extortion
criminalThe crime of obtaining money, property, or services through coercion, threats, or intimidation.
Extradition
criminalThe formal process of surrendering a person accused or convicted of a crime from one jurisdiction (state or country) to another.