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Difference between revisions of "Terminology"
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;encumbrance:A debt secured against property, | ;election:In law, the making of a free choice. | ||
;enticement:In family law, intentionally causing a wife to leave her husband or intentionally interfering with a married | ;enactment:A statute; legislation. See "Act." | ||
;error of law:A ground of appeal | ;encumbrance:A third-party right asserted against the ownership of specific property, usually as a result of a debt owed to the third-party. For example, a mortgage secured against real property, or a loan secured against personal property like a car. See “Certificate of Pending Litigation,” “Clear Title” and “Real Property.” | ||
;estate:The | ;endorse:In law, to sign a document or otherwise formally signal one's approval or acceptance of a document, bargain, proposal or contract. | ||
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the | ;endowment:In family law, the giving of dower to a wife or dowry by a wife. See “Dower” and “Dowry.” | ||
;examination-in-chief:The portion of a trial where a party asks questions of | ;enjoin:To prohibit or restrain someone from doing something, normally by order of the court. See "Restraining Order." | ||
;examination for discovery:The cross-examination of a party under oath about the matters at issue in the action conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the | ;enticement:In family law, the act of intentionally causing a wife to leave her husband or intentionally interfering with a married couple’s consortium, formerly a common law cause of action. TheFamily Relations Act expressly forbids legal actions based on enticement. See "Cause of Action," “Conjugal Rights” and “Consortium.” | ||
;execute:In contract law, to complete or accomplish | ;ergo:A Latin phrase meaning “therefore.” | ||
;ex parte:A Latin phrase meaning | ;error of law:A ground of appeal which asserts that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See also “Appeal” and “Common Law.” | ||
;expert evidence:Opinion evidence given by an expert at trial. Opinion evidence is | ;estate:The property which a person owns or in which he or she has an interest. | ||
;et al.:A Latin phrase meaning “and others,” short for et alia. Usually used in a style of cause to indicate that there are more parties to a legal action than are listed. See “Style of Cause.” | |||
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the Supreme Court Family Rules and the rules of evidence. See “Circumstantial Evidence” and “Hearsay.” | |||
;evidentiary burden:See "Burden of Proof." | |||
;examination-in-chief:The portion of a trial where a party asks questions of their own witness to elicit evidence of certain facts. The questions asked of the witness cannot be leading, that is, the answer cannot be suggested in the question. See “Cross-Examination” and “Evidence.” | |||
;examination for discovery:The cross-examination of a party under oath about the matters at issue in the action, conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties’ lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, under certain circumstances, be used at trial. | |||
;execute:In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document validity. One "executes" a separation agreement, for example, by signing it in the presence of a witness. | |||
;executor:The person responsible for carrying out the instructions in a will and resolving a dead person’s estate and debts. The feminine form of the word is “executrix," though the masculine form is commonly applied to executrices. See “Estate,” “Testator” and “Will.” | |||
;ex parte:A Latin phrase meaning “on behalf of one party;” describing an application being made without notice being given to the other party. Such applications are only heard in urgent situations, for example, where a spouse has threatened to flee with the children. See “Application.” | |||
;expert evidence:Opinion evidence given by an expert at trial or in an affidavit. Opinion evidence is a statement about what a witness thinks or believes, rather than something personally known as a fact, and is generally not admissible at trial as a result. A person presented as an expert to give opinion evidence must be approved by the court as a qualified expert in his or her field. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists. See “Evidence” and “Witness.” | |||
==F== | ==F== | ||
