Duhaime's Law Dictionary

Legal definitions for terms and concepts beginning with E

Error In Objecto
A mistake by a perpetrator as to the identity of the victim; an error as to the object of his act.
Erunt animae duae in carne una
Latin: two souls in one flesh.
Where property is surrendered to the government upon the death of the owner, because there is nobody to inherit the property.
When the performance of something is outstanding and a third party holds onto money or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties.
The practice of playing the spy, or of employing spies.
A mostly informal title associated with those who practice law.
A valid excuse for not appearing in Court when summoned.
A person's property; often used to refer to the net worth of a deceased individual.
Estate Freeze
A deferment of property transfer at the time of death to avoid, reduce or transfer tax liability.
Estate Law
That part of the law which regulates wills, trusts, probate and other subjects related to the management of another's property.
A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper.
Limited rights granted to a tenant of land to certain product of the land, mostly wood.
Et. al.
Latin: and others.
Et Impotentia Excusat Legem
The law excuses someone from doing the impossible.
A measure taken to avoid or prevent the birth of a defective child.
The putting to death, by painless method, of a terminally-ill or severely debilitated person.
Some permanent act by landlord, or by person or thing under his control, which deprives a tenant of enjoyment of the rented premises.
Proof of fact(s) presented at a judicial hearing such as a trial.
Ex Aequo Et Bono
Latin: in justice and fairness.
Examination for Discovery
A recorded oral examination of the other side to litigation before trial and under oath, but not before a judge, with a view to obtaining admissions or discovering facts.
Examination In Chief
The questioning of your own witness under oath.
Examination on Affidavit
An examination under oath of the deponent of an affidavit.
Exceptio Non Adimpleti Contractus
Latin: exception of a non-performed contract.
A court of law designed to determine claims by the Crown.
Exclusion Clause
A clause in a contract which limits remedies one party may have in specified events; eg. a clause in an insurance contract that eliminates coverage for specified events.
Exclusive Dealing
An arrangement designed to throttle or control legitimate trade by the selection and exclusive use of a particular supplier's product.
The exclusion of a specified individual from a particular church.
That which excuses from fault; justifies a wrong action.
Excusable Homicide
The accidental or self-defence killing of another person.
Ex Debito Justitiae
Latin: as of right.
Executio Juris Non Habet Injuriam
Latin: The execution of the law does no injury.
Executive Branch
The executive branch is the administrative arm of government (and thus also called the 'administration' or the 'administrative branch of government'); the one with the most employees as it operates, implements and enforces all the laws created by the legislative branch, and as interpreted, from time to time, by the judiciary.
A person specifically appointed by a will-maker to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed").
Executor De Son Tort
A person who meddles with the estate of a deceased person.
Executor's Year
The year from date of death generally granted to the executor to collect and disburse the testator's assets.
Ex Facie Contempt
Contempt committed outside the court.
A document or object shown to the court as evidence.
A sexual disorder in which a person is sexually aroused by exposing his genitals to unsuspecting others.
The removal of human remains from a grave or vault for the purpose of examination.
Exigent Circumstances
An unusual and time-sensitive circumstance that justifies conduct that might not be permissible or lawful in other circumstances.
Existing Aboriginal and Treaty Rights
Canada: those aboriginal and treaty rights as they existed on April 17, 1982.
Existing Indian Family
American aboriginal (Indian) law: an exemption of an otherwise Indian child from statutory entitlements, where that child shows no link to an existing Indian band or family.
Ex Juris
Latin: outside of the jurisdiction.
Ex-nuptial Child
A child born outside of marriage.
Ex officio
Latin: by virtue of office.
Latin: introduction.
Ex Parte
Latin: outside the awareness of a party; for one party only.
Ex Patriate
A person who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country.
The voluntary renunciation or abandonment of citizenship.
Expert Witness
A witness with a defined area of expertise and on that basis and strictly within that area, is allowed to give opinion evidence to the Court (or jury, as the case may be).
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