Glossary of US Legal Terms E-H

E

Easement: A legal right to use another person’s land for a specific purpose, such as a right of way. Easements are nonpossessory interests in land, meaning the easement holder does not own the land but has the right to use it. Easements may be created by express grant, prescription through adverse use, necessity, implication, or dedication. The dominant estate benefits from the easement, while the servient estate bears the burden.

Emancipation: The legal process by which a minor is freed from parental control and granted adult legal rights. Emancipation may occur automatically through marriage or military service, or through a court order. Emancipated minors may enter into contracts, sue and be sued, and make medical decisions, but may not vote or purchase alcohol.

Eminent domain: The government’s power to take private property for public use upon payment of just compensation, guaranteed by the Fifth Amendment’s Takings Clause. The government may take property through condemnation proceedings. The takings must be for a public purpose, and the owner is entitled to fair market value just compensation.

En banc: A French term meaning “in bench,” referring to a hearing before all judges of an appellate court, rather than a panel. En banc review is reserved for cases of exceptional importance or to resolve intra-circuit conflicts. The Federal Rules of Appellate Procedure and circuit rules govern the en banc process.

Equal protection: The constitutional guarantee that similarly situated persons be treated similarly by the law, found in the Fourteenth Amendment. Courts apply different levels of scrutiny depending on the classification: strict scrutiny for race and national origin, intermediate scrutiny for gender, and rational basis for most other classifications.

Equitable remedies: Non-monetary remedies such as injunctions, specific performance, and rescission, available when legal damages are inadequate. Equitable remedies are discretionary and are granted based on principles of fairness. The party seeking equitable relief must show an inadequate remedy at law.

Error of law: A mistake by a trial court in interpreting or applying the law, which may be grounds for reversal on appeal. Errors of law are reviewed de novo by appellate courts. Not all errors require reversal; harmless errors that did not affect the outcome are disregarded.

Escheat: The reversion of property to the state when an owner dies without a will and without heirs. Escheat prevents property from being ownerless. States have statutes governing escheat and procedures for claiming escheated property.

Escrow: Money or documents held by a neutral third party pending fulfillment of a condition. Escrow is commonly used in real estate transactions, where the deed and purchase funds are held by the escrow agent until all closing conditions are satisfied. The escrow agent is a fiduciary bound to follow the escrow instructions.

Estoppel: A legal principle barring a person from asserting a fact or right inconsistent with a previous position or representation. Equitable estoppel prevents a party from taking a position that would unfairly disadvantage another who relied on the party’s earlier statements or conduct.

Et al.: An abbreviation of the Latin et alii, meaning “and others,” used in case names to indicate multiple parties. The abbreviation simplifies citation of cases with numerous parties. It is also used in academic citations.

Evidence: Any matter of fact offered to prove or disprove propositions in a legal proceeding. Evidence includes testimony, documents, physical objects, and digital information. The Federal Rules of Evidence govern admissibility in federal courts.

Ex contractu: A Latin term meaning “arising from contract.” Claims ex contractu are based on contract law and sound in breach of contract. Contractual claims are distinguished from tort claims (ex delicto) by the source of the duty.

Ex delicto: A Latin term meaning “arising from a tort or wrong.” Claims ex delicto are based on tort law, including negligence, intentional torts, and strict liability. Tort claims seek damages for injuries caused by the defendant’s wrongful conduct.

Ex parte: A Latin term meaning “on one side only,” referring to communications or proceedings involving only one party. Ex parte communications with judges are generally prohibited to ensure fairness. Ex parte orders are temporary and are issued in emergencies when notice to the other party is impractical.

Ex post facto: A Latin term meaning “after the fact,” referring to laws that retroactively criminalize conduct or increase punishment. The Constitution prohibits ex post facto laws, protecting individuals from being punished for conduct that was lawful when committed.

Exclusionary rule: The doctrine that evidence obtained in violation of the Fourth Amendment is inadmissible in criminal proceedings (Mapp v. Ohio, 1961). The rule deters police misconduct by removing the incentive to conduct illegal searches. Exceptions include the good faith, inevitable discovery, and independent source doctrines.

Exclusive jurisdiction: The sole authority of a particular court to hear a type of case. Federal courts have exclusive jurisdiction over bankruptcy, patent, and certain admiralty cases. When jurisdiction is exclusive, parties cannot bring the case in another court.

Execution: The process of enforcing a court judgment, typically through seizure and sale of the debtor’s property. The judgment creditor may execute on the debtor’s assets through writs of execution and garnishment. Certain property is exempt from execution under federal and state law.

Executor: A person named in a will to administer the deceased person’s estate. The executor is responsible for collecting assets, paying debts and taxes, and distributing property to beneficiaries. Executors are fiduciaries who must act in the best interests of the estate and its beneficiaries.

Exemplary damages: Another term for punitive damages, intended to punish and deter wrongful conduct beyond compensatory damages. Exemplary damages are available in cases involving malice, fraud, or gross negligence. They are subject to due process limits under BMW v. Gore (1996).

Exhibit: A document or object produced and identified in court as evidence. Exhibits are marked for identification and admitted into evidence after proper foundation. Physical exhibits, documents, and demonstrative exhibits are common types.

Expert witness: A witness qualified by specialized knowledge, skill, experience, or education who may offer opinion testimony. Under Federal Rule of Evidence 702 and the Daubert standard, expert testimony must be based on reliable methodology and relevant to the issues.

Ex post facto law: A law that retroactively changes the legal consequences of acts committed before the law’s enactment. The Constitution prohibits both federal and state ex post facto laws. The prohibition applies to criminal laws that criminalize previously lawful conduct, increase punishment, or change the rules of evidence to the defendant’s disadvantage.

F

Federal question: A case arising under the Constitution, federal laws, or treaties, giving federal courts jurisdiction under 28 U.S.C. Section 1331. The well-pleaded complaint rule determines whether a federal question is presented. Federal question jurisdiction is the primary basis for invoking federal court authority.

Felony: A serious criminal offense typically punishable by imprisonment for more than one year. Felonies include murder, rape, robbery, burglary, and drug trafficking. Felony convictions may result in significant collateral consequences, including loss of voting rights and firearm prohibition.

Fiduciary: A person who holds a position of trust and confidence and owes duties of loyalty and care to another. Fiduciaries include trustees, executors, agents, corporate directors, and attorneys. Fiduciary duties require undivided loyalty, full disclosure, and prudent management.

File: To submit a document to the court clerk for inclusion in the official record. Filing may be electronic through case management systems or by physical delivery to the clerk’s office. The date of filing establishes the timing of pleadings and motions.

Final judgment: A court decision that resolves all claims between all parties and is immediately appealable. The final judgment rule limits appellate review to final decisions. Interlocutory orders may be appealed only in limited circumstances.

Foreclosure: The legal process by which a lender seizes and sells property to satisfy a defaulted mortgage. Judicial foreclosure involves court supervision and sale, while nonjudicial foreclosure is conducted under a power of sale clause without court involvement.

Forum non conveniens: A doctrine allowing a court to dismiss a case when another forum is substantially more appropriate. The court considers private interests (access to evidence, witness availability) and public interests (congestion, local interest in the controversy).

Forum selection clause: A contractual provision specifying the jurisdiction in which disputes must be litigated. Forum selection clauses are presumptively enforceable unless they are unreasonable or unjust. They promote predictability and reduce litigation over venue.

Fraud: Intentional deception resulting in injury to another, actionable in tort and as grounds to void contracts. Common law fraud requires a material misrepresentation, knowledge of its falsity, intent to induce reliance, actual reliance, and resulting damages.

Fruit of the poisonous tree: Evidence derived from illegal government conduct, which may be excluded under the exclusionary rule. The doctrine extends the exclusionary rule to secondary evidence obtained through an initial constitutional violation. Exceptions include independent source, inevitable discovery, and attenuation.

G

Garnishment: A legal process by which a creditor collects a debt by seizing money or property held by a third party, such as an employer. Wage garnishment is limited by federal law, which caps the amount that may be withheld. The garnishee (the third party) must respond to the garnishment order.

General jurisdiction: A court’s authority to hear a broad range of cases, typically not limited by subject matter. State courts of general jurisdiction can hear any case unless jurisdiction is specifically limited. Federal courts are courts of limited jurisdiction.

Good faith: Honest intent to act without knowledge of fraud or other wrongdoing. Good faith is a standard in commercial law under the Uniform Commercial Code. The good faith exception to the exclusionary rule allows evidence obtained under a warrant later found invalid.

Grand jury: A group of citizens that hears preliminary evidence to determine whether probable cause exists to issue an indictment. Grand juries consist of 16 to 23 persons and require a majority vote to indict. Proceedings are secret and ex parte.

Guardian ad litem: A person appointed by the court to represent the interests of a minor or incapacitated person in litigation. The guardian ad litem investigates the facts, advocates for the ward’s best interests, and reports to the court.

H

Habeas corpus: A Latin term meaning “you have the body,” referring to a legal action requiring a person under arrest to be brought before a judge to determine the legality of detention. The writ is guaranteed by Article I of the Constitution and is a fundamental protection against unlawful imprisonment. Federal habeas corpus under 28 U.S.C. Section 2255 allows prisoners to challenge convictions on constitutional grounds.

Harmless error: A trial error that does not affect the outcome and is therefore not grounds for reversal on appeal. The harmless error standard focuses on whether the error influenced the jury or the result. Constitutional errors are subject to harmless error analysis unless they are structural errors that affect the entire proceeding.

Hearsay: An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception applies. The hearsay rule promotes reliability by requiring that declarants testify under oath and be subject to cross-examination. The Federal Rules of Evidence list numerous exceptions for statements with circumstantial guarantees of trustworthiness, including excited utterances, business records, and statements for medical diagnosis.

Holder in due course: A person who takes a negotiable instrument in good faith, for value, and without notice of defects, and who takes free of most defenses and claims under Article 3 of the Uniform Commercial Code. The holder in due course doctrine promotes the free transferability of negotiable instruments by protecting transferees from certain claims and defenses.

Holding: The legal principle or rule established by a court decision. The holding is the court’s determination on the issues presented, as distinguished from dicta. The holding is binding precedent under stare decisis.

Hung jury: A jury unable to reach a unanimous verdict, resulting in a mistrial. The prosecution may retry the case after a hung jury. The Double Jeopardy Clause does not bar retrial because the mistrial was due to manifest necessity.

Hypothecation: The pledge of property as collateral for a debt without transferring possession. Hypothecation is common in secured transactions under Article 9 of the Uniform Commercial Code and in maritime law. The creditor may foreclose on the collateral upon default.