Glossary Law
There are 19 names in this directory beginning with the letter E.
Earnest payment
A deposit paid to demonstrate commitment and to bind a contract, with the remainder due at a particular time.
En banc
French for “in the bench,” it signifies a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel.
Endorse (indorse)
1) To sign one’s name to the back of a check, bill of exchange or other negotiable instrument with the intention of making it cashable or transferable. 2) To pledge support to a program, proposal or candidate.
Enjoin
For a court to order that someone either do a specific act, cease a course of conduct or be prohibited from committing a certain act. To obtain such an order, called an injunction, a private party or public agency has to file a petition for a writ of injunction, serve it on the party he/she/it hopes to be enjoined, allowing time for a written response.
Enter a judgment
To officially record a judgment on the “judgment roll,” which entry is normally performed by the court clerk once the exact wording of the judgment has been prepared or approved and signed by the trial judge.
Entrapment
In criminal law, the act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead.
Escape clause
A provision in a contract which allows one of the parties to be relieved from (get out of) any obligation if a certain event occurs.
Escrow
A form of account held by an “escrow agent” (an individual, escrow company or title company) into which is deposited the documents and funds in a transfer of real property, including the money, a mortgage or deed of trust, an existing promissory note secured by the real property, escrow “instructions” from both parties, an accounting of the funds and other documents necessary to complete the transaction by a date (“closing”) agreed to by the buyer and seller.
Esquire
A form of address showing that someone is an attorney, usually written, for instance,Albert Pettifog, esquire, or simply esq.
Evidence
Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case.
Exculpatory
Applied to evidence which may justify or excuse an accused defendant’s actions and which will tend to show the defendant is not guilty or has no criminal intent.
Exhibit
A document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence.
Expert testimony
Opinions stated during trial or deposition (testimony under oath before trial) by a specialist qualified as an expert on a subject relevant to a lawsuit or a criminal case.
Expert witness
A person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.
Extrajudicial
Referring to actions outside the judicial (court) system, such as an extralegal confession, which, if brought in as evidence, may be recognized by the judge during a trial.
