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Difference between revisions of "Terminology"
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;enactment:A government action or declaration intended to have a legal effect, usually in the form of legislation or regulation. See "act" and "regulations." | ;enactment:A government action or declaration intended to have a legal effect, usually in the form of legislation or regulation. See "act" and "regulations." | ||
;encumbrance:A legal right, usually to payment of a debt, that is secured by registration of the right on the title of property. For example, a mortgage is secured against the title of real property and is registered as an ''encumbrance'' on title. See "Certificate of Pending Litigation," "clear title," and "real property." | ;encumbrance:A legal right, usually to payment of a debt, that is secured by registration of the right on the title of property. For example, a mortgage is secured against the title of real property and is registered as an ''encumbrance'' on title. See "Certificate of Pending Litigation," "clear title," and "real property." | ||
;endorse:In law, to sign a document or otherwise formally signal one's approval or acceptance of a document, proposal, contract or draft order. | ;endorse:In law, to sign a document or otherwise formally signal one's approval or acceptance of a document, proposal, contract, or draft order. | ||
;endowment:In family law, the giving of dower to a wife or dowry by a wife. See "dower" and "dowry." | ;endowment:In family law, the giving of dower to a wife or dowry by a wife. See "dower" and "dowry." | ||
;enjoin:To prohibit or restrain someone from doing something, normally by order of the court. See "restraining order." | ;enjoin:To prohibit or restrain someone from doing something, normally by order of the court. See "restraining order." | ||
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;evidentiary burden:The obligation of a party to prove their case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove their case on the balance of probabilities. | ;evidentiary burden:The obligation of a party to prove their case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove their case on the balance of probabilities. | ||
;examination-in-chief:The portion of a trial where a party asks questions of their own witnesses 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. For example, "What colour is your car?" rather than "Your car is blue?" See "cross-examination" and "evidence." | ;examination-in-chief:The portion of a trial where a party asks questions of their own witnesses 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. For example, "What colour is your car?" rather than "Your car is blue?" See "cross-examination" and "evidence." | ||
;examination for discovery:The cross-examination of a party under oath or affirmation about the matters at issue in a court proceeding 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, in certain circumstances, be used at trial. See "discovery." | ;examination for discovery:The cross-examination of a party under oath or affirmation about the matters at issue in a court proceeding 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, in certain circumstances, be used at trial. See "discovery." | ||
;excluded property:A term under the ''Family Law Act'' referring to property acquired by a spouse prior to the commencement of the spouses' relationship and certain property acquired by a spouse during the relationship, including gifts, inheritances, court awards and insurance proceedings. A spouse is presumed to be entitled to keep their excluded property without having to share it with the other spouse. See "family property," "gift," and "inheritance." | ;excluded property:A term under the ''Family Law Act'' referring to property acquired by a spouse prior to the commencement of the spouses' relationship and certain property acquired by a spouse during the relationship, including gifts, inheritances, court awards, and insurance proceedings. A spouse is presumed to be entitled to keep their excluded property without having to share it with the other spouse. See "family property," "gift," and "inheritance." | ||
;execute:In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document effect. One "executes" a separation agreement, for example, by signing it in the presence of a witness. | ;execute:In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document effect. 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 wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will." | ;executor:The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will." | ||