Susan Ellis Wild - Webster's New World Law Dictionary

drawee n. A person or entity to whom a draft is sent, instructing him or it to release funds to the payee.

drawer n. The maker of a draft or check.

driving while intoxicated v. The criminal law offense of operating a vehicle after having drunk an amount of alcohol sufficient to raise one’s blood alcohol content above a legal limit, commonly referred to by the acronym DWI. Also known as driving under the influence (DUI), which, in some jurisdictions means that the driver had a lower level of intoxication than DWI, but was still impaired. In some jurisdictions, the term driving while impaired is used.

drug 1 n. A chemical or organic substance used to treat a medical or psychological condition; such a substance used illegally to alter consciousness or mood. 2 v. The act of giving someone such a substance, with the implication that it is against the recipient’s will and has an adverse effect. See also controlled substance.

drug-free zone v. A geographical area (typically surrounding a school or other place where children are found) in which, under an applicable criminal law, the distribution of illegal drugs is penalized with a sentence or fine greater than is applicable elsewhere.

drug paraphernalia n. Items such as pipes or syringes used for the preparation or ingestion of illegal drugs.

duces tecum n. Latin. To bring along. A type of subpoena that requires a witness to bring specified documents when he or she appears in court or for a deposition.

due 1 adj. A proper or appropriate standard or level, as in due care. 2 adv. Of a debt, draft, or other financial instrument, that it is payable immediately.

due process n. A Constitutionally determined doctrine requiring that any legal proceeding or legislation protect or respect certain rights of the persons or groups involved in the proceedings or affected by the legislation. See also fundamental fairness.

procedural due process. The requirement that a legal proceeding affords an affected person, such as the defendant in a criminal case, certain rights such as that of notice of the charges or claims, and an opportunity to contest them before a neutral tribunal. These rights are defined by the Fifth and Fourteenth Amendments to the United States Constitution and by court cases thereunder.

substantive due process. The Constitutional requirement that federal, state, and local legislation should not interfere with the rights defined by the Fifth and Fourteenth Amendments, unless such legislation serves a compelling governmental interest in the subject matter, and utilizes the least restrictive means to accomplish that interest.

DUI n. abbr. Abbreviation for driving under the influence. See driving while intoxicated.

dummy corporation See corporation.

dumping 1 n. The act of selling goods at less than fair market value, typically for the purpose of injuring a competitor and gaining market share. 2 The illegal disposal of pollutants.

durable power of attorney n. A power of attorney that remains in effect after the grantor becomes mentally incompetent.

duress n. The application of force, or the threat of force, to compel another to act against his or her will. Used as a defense in criminal and contractual matters, for example, that a defendant participated in a crime because held at gunpoint, or signed a contract only under the threat of physical harm. See also economic duress.

duty n. A legally-defined responsibility to perform certain acts or meet certain standards of performance; an essential element of proof in a tort action is that the defendant had a duty to act in a certain manner, such as the duty to use due care in the operation of a motor vehicle. Duties may be mandated by law, such as the duty to pay taxes, or may be voluntary, such as those assumed under a contract.

delegable duty. A duty that may be transferred to another.

nondelegable duty. A duty that one must perform personally, and that may not be delegated to another.

DWI See driving while intoxicated.

dying declaration See declaration.

E

earned income n. Income received as payment for labor or services performed.

earnest money n. A down payment, typically for real estate, that demonstrates the prospective purchaser’s intent to proceed with the transaction.

easement n. A right of use of another’s land for a particular purpose; for example, an easement permitting a person to cross another’s land to fish in a pond located there, or use of a common driveway.

affirmative easement. An easement that grants another the right to perform certain related actions on the property.

easement appurtenant. An easement that benefits another property; for example, a right to pass across land to reach a neighboring tract.

easement by necessity. A statutory or natural encumbrance that occurs in situations such as its being necessary to cross another’s land in order to gain access to water or to a road.

easement in gross. An easement that benefits an individual who does not necessarily own any adjoining land; for example, an easement permitting someone to hunt or fish on the property.

implied easement n An easement imposed by law where it is clear that the parties to a transaction intended an easement to exist, even if not specifically stated.

negative easement. An easement that prohibits the property owner from performing some action.

prescriptive easement. An easement gained by the uninterrupted occupation of a another person’s land for a statutory period, often equal to that required for adverse possession.

economic duress n. An act of duress involving a threat of financial harm.

effective assistance of counsel n.

Diligent, competent legal representation in a criminal case that meets the minimum standards of due care expected of an attorney. Failure to receive effective assistance of counsel is a common basis for appeal in serious criminal matters, particularly death penalty cases.

effective date n. The date as of which a contract or other instrument, or a law, enters into force.

e.g. abbr. From the Latin term exempli gratia, meaning for example.

eggshell skull n. A principle of tort law for which a tortfeasor is responsible, even for the unforeseeable results of his or her wrongful act; the term derives from a case in which a light blow to the head killed an individual, thereby subjecting the hitter to liability, even though one would not have expected serious injury or death from the force of the blow.

eject v. To remove from premises; to push out or cast off.

ejectment n. The removal of a tenant or owner from property he or she occupies; a legal action by which a person removed from property seeks to recover it.

ejusdem generis n. Latin. Of the same category. A legal principle stating that a general phrase following a list of specific items refers to an item of the same type as those in the list.

elder law n. A relatively recent body of law dealing with rights and privileges of the elderly, including estate matters, pensions, health issues, and Social Security.

election n. The process by which an individual is chosen to occupy a public office, or, in some cases, a private one (such as a director serving on a corporate board); in litigation, the making of a choice among remedies, whereby the selection of one may preclude the use of others; in estate law, a choice between inheriting under a will, and pursuing a legal remedy other than as provided in the will. See also elective share.

elective share n. In trusts and estates, a share, mandated by law, that a spouse or child may elect to take of the estate, in lieu of inheriting under the will.

elector n. A member of the electoral college; the maker of an election; a voter eligible to vote in an election.

electoral college n. A group of electors, chosen according to the popular vote in each state, who elect the president and the vice president of the United States.

elements of crime n. The required facts of a crime, such as intent, to be proven in the course of a prosecution.

emancipation n. The liberation of an individual or a group from a constraint, such as the emancipation of slaves; in family law, the process by which a minor child becomes legally and financially independent of his or her parents and receives the legal rights, at least in some respects, of an adult.

Emancipation Proclamation n. Executive order issued by President Abraham Lincoln on January 1, 1863, freeing all slaves held in geographical areas in rebellion against the United States.

embezzle v. To illegally misappropriate property under one’s care, particularly property to which one has a public trust or fiduciary duty.

embezzlement n. The illegal taking of property under one’s care, particularly property to which one has a public trust or fiduciary duty.

embracery n. The act of illegally influencing or corrupting a juror or an entire jury to reach a particular result.

emendation n. The act of revising a document.

eminent domain n. The government’s right, upon the payment of fair compensation, to seize privately held land for a public purpose, such as the widening of a highway, or the construction of a public building; the act of exercising such a right.

emolument n. A payment or other benefit received as a result of employment or of the holding of a public office.

emotional distress n. A negative emotional reaction—which may include fear, anger, anxiety, and suffering— endured/experienced by the victim of a tort, for which monetary damages may be awarded.

empanel v. The formality of seating a jury following voir dire at the commencement of a trial.

employee n. A person who works in the service of another (the employer) subject to a contract for hire, where the employer controls the conditions of work performance. See also agent.

employee benefit plan n. A benefit other than salary (such as health insurance or pension) granted by an employer to its employees, subject to a written plan document, the taxable status of which is governed by the federal

Employee Retirement Income Security Act of 1974.

Employee Retirement Income Security Act of 1974. n. Federal legislation enacted in 1974 that sets forth rules for employee benefit plans. Abbreviated ERISA.

employment n. The state of working for another under a contract of hire that provides that one’s services are subject to the other’s direction and control.

en banc n. French. On the bench. Of appeals courts, before a full court, with all judges present. Federal appeals are typically heard by a panel of three judges, but may be reheard by the full circuit court of appeals sitting en banc.

encroach v. To unlawfully gain access to or take the property or possessions of another, particularly by stealth.

encumbrance n. A financial obligation, such as a mortgage, that is attached to or burdens a property right and is transferred with that right.

encumbrancer n. The holder of an encumbrance, such as a mortgagor.

endorsement n. A change to an insurance policy.

enfranchise v. To grant rights to an individual or group, such as a right to vote or to have personal freedom (for example, the Emancipation Proclamation enfranchised the slaves).

engross v. Archaic. To prepare a document, such as a deed or a legislative bill, for execution or passage.

enjoin v. To order or compel to stop or prohibit commencement of an activity; of a judge: to grant a court order directing a party to cease a particular activity.

enjoy v. To have the undisturbed use or possession of something, particularly real property.

enlarge v. To make greater in size, extend; to free from detention.

enrolled bill n. A final copy of legislation passed by the United States House of Representatives and the Senate, which is then sent to the president for signature.

entail n. Archaic. At common law, an interest in real estate that passed only to direct issue of the owner and not to collateral heirs.

enter v. In real property, to pass upon or into; of litigation, to file or present to the court—for example, to enter an appearance into the record; of a contract, to enter into it means to sign or execute it.

entice v. To invite someone to commit a wrongful or illegal act.

entire contract n. A contract that must be performed in its entirety; its parts are not severable from one another; a description of a contract that is complete.

entirety n. The whole of a thing; something incapable of being divided.

entitlement n. A benefit that must be granted to anyone who meets the criteria for receiving it.

entrapment n. Of law enforcement, the act of leading or guiding a suspect into committing a criminal act the suspect otherwise would not have committed.

entry n. The act of entering upon real property; the making of a notation in a court or business record; in criminal law, the act of intruding into a residence with the intention of committing a crime. See also enter.

illegal entry. In immigration law, the act of an alien coming into the country without proper documentation or credentials.

enumerated power n. A governmental power that is described in a foundation document such as a constitution.

environmental impact statement n.

A report required to be filed by entities seeking federal or state monies, analyzing the environmental implications of proposed projects and legislation.

environmental law n. A body of law intended to protect the environment, by regulating activities that cause pollution, such as fossil fuel emissions and the dumping of wastes; by prohibiting certain inconsistent uses of land designated as federal parkland; and by providing regimes of protection for endangered species.

equality before the law n. The doctrine that all persons, regardless of wealth, social status, or the political power wielded by them, are to be treated the same before the law.

eo instante n. Latin. At that moment. eo nomine n. Latin. In the name of.

equal protection n. The constitutional guarantee that all persons shall receive the same protection of the laws as are afforded all other persons under the same circumstances.

Equal Protection Clause n. The provision of the Fourteenth Amendment to the United States Constitution that prohibits states from denying equal protection of laws to its citizens.

equalization n. The act of revising assessed values of real property to make tax rates consistent or of amending the tax rates themselves to achieve consistency among similar taxes.

equitable adj. Fair, under widely held moral principles, often embodied in court precedents; or referring to a remedy available in a court of equity.

equitable distribution n. In divorce law, a remedy under which the court makes a fair (not necessarily equal) distribution of the marital assets. This is the alternative to the community property (equal) approach followed in some jurisdictions.

equity n. Fair dealing under widely held moral principles, often embodied in court precedents; a body of common law founded on such principles, providing special remedies, such as injunctions, in cases where monetary damages are not available or will not suffice.

ergo conj., adv. Latin. Therefore.

Erie doctrine n. The legal doctrine requiring a federal court exercising diversity jurisdiction over a state law issue to apply the substantive (as opposed to procedural) law of the state where the court is located.

ERISA See Employee Retirement

Income Security Act of 1974.

error n. A mistake as to facts or law.

harmless error. A mistake by the judge that does not interfere with a party’s rights or remedies, and that therefore does not warrant reversal of the decision.

plain error. An error that is so obvious and causes such an adverse effect, that an appeals court reverses a decision despite the affected party’s failure to object to it during trial.

reversible error. A mistake by the judge that adversely affects a party’s rights or remedies, and is, therefore, grounds for reversal on appeal.

escheat n. The transfer of property to government ownership when its owner dies without a will or any heirs; property that is so transferred.

escrow n. An arrangement under which something (money, a document, or property) is held in trust by a third party until the occurrence of a condition allowing its release to a party to an underlying transaction. For example, a down payment may be held in escrow, typically by the realtor or a lawyer, until the closing of a real estate transaction.

estate n. The totality of an individual’s ownership of money, real and personal property.

decedent’s estate. Such assets after the death of the owner, as involved in the probate of a will or an intestacy proceeding.

residuary estate. The remainder of a decedent’s estate after all applicable payments and transfers have been made, including gifts and taxes.

contingent estate. From the common law. An asset, typically real property, that vests only upon the occurrence of a condition.

dominant estate. Real property that benefits from an easement on adjoining property.

equitable estate. An estate recognized under the rules of equity.

possessory estate. A right of possession in an estate, which may not include actual ownership.

servient estate. Real property upon which an easement has been granted.

vested estate. An estate that an individual has a present right to enjoy, or a noncontingent right to do so in the future.

estop v. To stop or prevent from occurring.

estoppel n. A doctrine that holds, under certain circumstances, that a claim or assertion cannot be made if it

contravenes a prior claim or assertion of the same party, or if it contradicts the factual holding of a court whose decision is not directly binding on the parties.

collateral estoppel. Estoppel created by the findings of another court upon the same facts, even though the other proceeding did not involve all of the same parties or was otherwise not directly binding on the current court.

equitable estoppel. At equity, the doctrine that a party who has caused another harm in reliance on the party’s promise or statement, may be barred from taking certain actions to escape liability for such harm.

estoppel by silence. An estoppel created by the failure to speak of a party who had an obligation to do so.

promissory estoppel. A doctrine that prevents a party from pleading lack of consideration as an affirmative defense, if that party made a statement upon which the other party foreseeably relied to his or her detriment.

et al. abbr. Latin. And others; typically used in the caption of court documents following the first named party, to signify that more than one individual is aligned on one side of the case.

ethical adj. In accordance with widely held norms of behavior, or of written standards of conduct adopted by the members of a profession.

ethical wall n. A process for avoiding conflicts of interest by limiting disclosure of information to certain attorneys or individuals within a firm or corporation, thereby building a metaphorical wall between the holders of information and colleagues who represent interests or hold opinions which conflict. Also known as a Chinese wall.

euthanasia n. The process of terminating the life of another by merciful or painless means, to prevent further suffering.

evict v. To remove a tenant or other occupant from real property.

eviction n. The action of removing a tenant or other occupant from real property.

actual eviction. The physical removal of an individual from real property.

constructive eviction. Wrongful acts of a landlord that make premises uninhabitable, with the intent or result of forcing the tenant to leave.

retalitory eviction. Eviction in retaliation for a tenant’s complaints to or about the landlord with regard to living conditions. If eviction occurs within a narrow timeframe following such complaints, it is presumed to be retaliatory. Retaliatory eviction is illegal under the statutes of most states.

evidence n. A thing, a document, or the testimony of a person that bears on the truth or falsity of an assertion made in litigation; the totality of such items introduced in a trial; the legal doctrines pertaining to the admission, use, and evaluation of such items.

character evidence. Evidence attesting to one’s character and moral standing in the community; character witnessed to attest to same. See also reputation witness.

competent evidence. Evidence that pertains to the matters being decided by the court and that may be considered by the court under the applicable rules of evidence.

cumulative evidence. Additional evidence that tends to prove the same assertions as evidence already admitted.

demonstrative evidence. Visual evidence, such as a chart, image, or model, prepared by attorneys or consultants, that demonstrates or clarifies information relevant to the trial.

direct evidence. Evidence based on the witness’ personal observation of events.

documentary evidence. Documents introduced as evidence.

evidence in chief. Evidence supporting the basic premises of a party’s case.

extrinsic evidence. Evidence pertaining to a contract and contradicting or supplementing its terms. Extrinsic evidence is not permitted where the contract is unambiguous.

opinion evidence. A witness’ personal opinion about the facts of the dispute.

real evidence. Tangible evidence directly involved in the underlying events of the case.

rebuttal evidence. Evidence offered to contradict the other party’s assertions.

evidentiary fact n. A fact that is an indispensable step in determining the truth or falsehood of an assertion.

ex. adj. Latin. Previous, from.

examination n. In litigation, the questioning of a witness under oath, either at trial or in a deposition; the Patent and Trademark Office investigation into the validity of a patent application.

cross examination. The questioning of a witness by a lawyer or other party other than the one who called that person, with respect to matters about which the witness has testified during direct examination.

direct examination. A witness’s initial questioning by the lawyer who called that person, in order to introduce matters of fact in a case.

Leading questions should be avoided by the attorney conducting direct examination.

redirect examination. Questioning of a witness by the party who called that witness, following cross examination, to attempt to clarify or rebut any damaging testimony that might have come out during cross examination. Normally, redirect, as it is also known, is limited to the scope of the subject matter examined in cross examination, although the judge may make an exception.

exception n. In litigation, a formal statement made by a party indicating to the court that he or she wishes to preserve an issue for appeal.

excess insurance n. A secondary insurance policy covering a loss in excess of that covered under a primary policy; may be referred to as excess policy.

excessive force n. In criminal law, the unjustified use of force, determined by the circumstances.

excessive verdict n. Term applied to a jury verdict that “shocks the conscience of the court” as being unduly high; generally thought to result from extraneous factors such as bias against the defendant or unusually dramatic facts.

excise n. A tax on income-producing activities or on actions involving goods, such as their manufacture or sale.

excited utterance n. An exclamation made at the moment of an accident or other unexpected and disturbing event, considered under the rules of evidence to be likely to be truthful because of the urgency of the surrounding circum-

stances and, therefore, an exception to the hearsay rule. See also hearsay.

exclusion n. Of taxes, an item that is not required to be included in gross income; of insurance, the occurrences that will not receive coverage under the policy.

exclusionary rule n. Of litigation, a body of rules that provide that evidence may not be introduced if it was obtained in violation of a party’s constitutional rights.

exclusive jurisdiction n. The provision, made in the United States Constitution, in legislation, or in a contract, that a particular court is the sole forum in which a certain type of case may be brought.

exculpate v. To clear of suspicion; to determine the innocence of another.

excusable neglect n. An act of neglect that occurs not as a result of a party’s fault but due to circumstances beyond his or her control.

excuse n. A defense or justification of an individual’s act or failure to act; a defense in criminal law that an individual’s actions cannot constitute a crime because of coercion, or some other cause that places the actions beyond the individual’s volition or control.

execute v. To sign a contract, will, or other legal document; to carry out a duty; to recover funds under a judgment; to put a criminal defendant to death.

executed adj. Of a legal document, that it has been signed; of an action, that it has been carried out.

executive n. The branch of government including the president and those responsible to him or her for implementing the laws of the United States.

executive clemency n. The power granted to the governor by most state constitutions and vested in the president by the United States Constitution as chief executive officer to pardon or to commute any sentence imposed by a court within that officer’s jurisdiction. See also clemency, commutation, pardon, and reprieve.

executive privilege n. A legal privilege, exempting the president of the United States and other members of the executive branch from being compelled to disclose information to the public about matters of foreign policy or of national security.

executor n. An individual named in a will who will be responsible for seeing that its bequests and other provisions are performed.

executory adj. Something that has not yet been fully performed.

exemplar n. A representative example of a type of object or thing. In criminal law, a physical sample, such as a fingerprint or hair, taken from the defendant for evidentiary purposes.

exemplary damages n. See damages

(punitive damages).

exempt adj. Not subject to a responsibility held by others.

exemption n. The state of not being subject to a responsibility held by others; in taxes, an amount subtracted from gross income to determine taxable income.

exhaustion of remedies n. A legal principle stating that, before a particular remedy is sought, all lesser remedies (typically available at a lower or parallel level of jurisdiction, or from an administrative body) must have been attempted,

without satisfactory results. For example, all state remedies must have been tried before a state prisoner files a writ of habeas corpus in a federal court.

exhibit n. A document or thing introduced as evidence in court, or attached to a contract or to a motion.

exigent circumstances n. Events that justify a departure from usual legal procedures such as the obtaining of a warrant, typically in order to save a life, preserve evidence, or prevent a suspect from fleeing.

exonerate v. To clear of guilt or responsibility, particularly to establish the innocence of a prisoner on death row. See also exculpate.

ex parte adj. A judge’s action in conducting a hearing or conference with one party only, without notice to the other party; typically improper, except under the limited circumstances in which a party is seeking a temporary restraining order and alleging that notice to the adverse party will result in the destruction of evidence or other illegal action. Also used as an adverb, such as, “the judge conducted the hearing ex parte.” It also refers to a party’s attempts to make such contact with the judge.

expectancy n. The expectation that an heir or legatee will acquire property at another’s death; of real estate, a remainder or reversion.

expert n. An individual of recognized knowledge in a particular topic, typically confirmed by academic standing and publications, who is called upon by one of the parties to testify in court as to his or her opinion of the underlying facts. Also referred to as expert witness.

ex post facto n. Latin. After the fact.