|
|
 |
You are here: Legal Glossary > E Elements of a crime -Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors. Eminent Domain- The power of the government to take private property for public use through condemnation. Enjoining -An order by the court telling a person to stop performing a specific act. Entity- A person or legally recognized organization. Entrapment- The act of inducing a person to commit a crime so that a criminal charge will be brought against him. Entry- A statement of conclusion reached by the court and placed in the court record. Environment- The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives. Equal Protection of the Law -The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law. Equity- Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons. Escheat- The process by which a deceased person's property goes to the state if no heir can be found. Escrow- Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met. Esquire- In the United States the title commonly appended after the name of an attorney. In English law a title of dignity next above gentleman and below knight. Title also given to barristers at law and others. Abbreviated: Esq. Estate- A person's property. Estate tax- Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes. Estoppel -An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act. Ethics- Of or relating to moral action and conduct; professionally right; conforming to professional standards. Evidence- Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exceptions- Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers. Exclusionary Rule- The rule preventing illegally obtained evidence to be used in any trial. Execute- To complete; to sign; to carry out according to its terms. Executor -A personal representative, named in a will, who administers an estate. Exempt property -All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute. Exhibit -A document or other item introduced as evidence during a trial or hearing. Exonerate- Removal of a charge, responsibility, or duty. Ex parte -On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing. Ex parte proceeding- Action Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be. Expungement -The process by which the record of criminal conviction is destroyed or sealed. Extradition -The surrender of an accused criminal by one state to the jurisdiction of another. |
|
 |
