{"id":2471,"date":"2015-01-18T11:37:10","date_gmt":"2015-01-18T05:37:10","guid":{"rendered":"http:\/\/www.bdlawsource.com\/?p=2471"},"modified":"2015-01-18T11:37:10","modified_gmt":"2015-01-18T05:37:10","slug":"law-dictionary-e-to-j","status":"publish","type":"post","link":"https:\/\/www.bdlawsource.com\/?p=2471","title":{"rendered":"Law Dictionary (E to J)"},"content":{"rendered":"

Dictionary of law:<\/strong><\/p>\n

Helps the students of law to understand definitions of various words related to law. Find your desire keyword meaning by using our search option.<\/p>\n

E-Commerce Law<\/strong>
\nthe area of law specifically dealing with the form of business known as E-commerce, which is a rapidly developing and exciting business form.<\/p>\n

\u00a0<\/strong><\/p>\n

Easement<\/strong>
\nA right of passage over a neighbor\u2019s land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another\u2019s land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well.<\/p>\n

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Ecclesiastical law<\/strong>
\nSynonymous to canon law: the body of church-made law which binds only those persons which recognize it, usually only church officers, and based on aged precepts of canon law.<\/p>\n

EDI<\/strong>
\nElectronic Data Interchange<\/p>\n

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Education Law<\/strong>
\nthe area of law relating to schools and that deals mainly with methods of teaching and learning in schools.<\/p>\n

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EFT<\/strong>
\nElectronic Funds Transfer<\/p>\n

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Elder Law<\/strong>
\nincludes a vast range of issues but has a specific type of person in mind, seniors. Elder law focuses on the legal needs of the elderly, and encompasses a variety of legal techniques to meet the objectives of the older client.<\/p>\n

Elder law includes general estate planning issues, counseling and planning for incapacity with alternative decision making documents, and planning for possible long-term care needs, including nursing home care. Determining the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the clients right to quality care are all part of the elder law.<\/p>\n

Electronic Funds Transfer<\/strong>
\ntransfer of money from one bank account to another or to a CSE Agency<\/p>\n

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Emancipation<\/strong>
\nTerm used to describe the act of freeing a person who was under the legal authority of another (such as a child before the age of majority) from that control (such as child reaching the age of majority). The term was also used when slavery was legal to describe a former slave that had bought or been given freedom from his or her master. When Abraham Lincoln outlawed slavery he did so in a law called the \u201cemancipation proclamation\u201d.<\/p>\n

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Embargo<\/strong>
\nThis is an act of international military aggression where an order is made prohibiting ships or goods from leaving a certain port, city or territory and may be enforced by military threat of destroying any vehicle that attempts to break it or by trade penalties. The word has also come to refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation.<\/p>\n

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Embezzle<\/strong>
\nThe illegal transfer of money or property that, although possessed legally by the embezzler, is diverted to the embezzler personally by his or her fraudulent action. For example, an employee would embezzle money from the employer or a public officer could embezzle money received during the course of their public duties and secretly convert it to their personal use.<\/p>\n

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Eminent domain<\/strong>
\nUSA: The legal power to expropriate private land for the sake of public necessity.<\/p>\n

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Emolument<\/strong>
\nA legal word which refers to all wages, benefits or other benefit received as compensation for holding some office or employment.<\/p>\n

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Emphyteusis<\/strong>
\nCivil law: a long-term (many years or in perpetuity) rental of land or buildings including the exclusive enjoyment of all product of that land and the exercise of all property rights typically reserved for the property owner such as mortgaging the property for the term of the emphyteusis or permitting a right of way.<\/p>\n

Emptio or emtio<\/strong>
\nLatin for \u201cpurchase\u201d or the contract in which something is bought.<\/p>\n

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Enactment<\/strong>
\nA law or a statute; a document which is published as an enforceable set of written rules is said to be \u201cenacted\u201d.<\/p>\n

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Endorsement<\/strong>
\nSomething written on the back of a document. An alternate spelling, in some English jurisdictions, is \u201cindorsement.\u201d In the laws of bills of exchange, an endorsement is a signature on the back of the bill of exchange by which the person to whom the note is payable transfers it by thus making the note payable to the bearer or to a specific person. An endorsement of claim means that if you want to ask a court to issue a writ against someone, you have to \u201cendorse\u201d your writ with a concise summary of the facts supporting the claim, sometimes called a statement of claim.<\/p>\n

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Endowment<\/strong>
\nThe transfer of money or property (usually as a gift) to a public organization for a specific purpose, such as medical research or scholarships.<\/p>\n

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Energy Law<\/strong>
\nthe area of law dealing with usable power (as heat or electricity) and the resources for producing such power.<\/p>\n

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Enforcement<\/strong>
\nobtaining payment of a child support or medical support obligation<\/p>\n

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Entertainment & Sports Law<\/strong>
\nthe legal area dealing with the entertainment and sports industries.<\/p>\n

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Entrapment<\/strong>
\nThe inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime. This technique, because it involves abetting the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states.<\/p>\n

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Environmental Law<\/strong>
\nthe area of law dealing with state and federal statutes intended to protect the environment, wildlife, land and beauty, prevent pollution or over-cutting of forests, save endangered species, conserve water, develop and follow general plans and prevent damaging practices.<\/p>\n

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Equity<\/strong>
\nA branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented \u201cjustice\u201d from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as \u201cequity\u201d, with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant \u201cfairness\u201d characteristic of equity such as \u201cequity will not suffer a wrong to be without a remedy\u201d or \u201che who comes to equity must come with clean hands\u201d. Many legal rules, in countries that originated with English law, have equity-based law such as the law of trusts and mortgages.<\/p>\n

\u00a0<\/strong><\/p>\n

ERISA<\/strong>
\nERISA \u2013 Employee Retirement Income Security Act of 1974 \u2013 A federal law passed to protect pension rights. ERISA sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker. ERISA provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and ERISA requires that employers provide full and clear information about employees\u2019 pension rights.<\/p>\n

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Escheat<\/strong>
\nWhere property is returned to the government upon the death of the owner, because there is nobody to inherit the property. Escheat is based on the Latin principle of dominion directum as was often used in the feudal system when a tenant died without hiers or if the tenant was convicted of a felony.<\/p>\n

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Escrow<\/strong>
\nWhen 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.<\/p>\n

\u00a0<\/strong><\/p>\n

Estate Planning<\/strong>
\nthe area of law that deals with planning for the inevitability of death, such as obtaining life insurance to pay for the costs of a funeral, preparing a simple Will, and other preparations. More comprehensive planning, such as preparing a more complex Will, Trust, and related estate planning documents may also be needed. It depends on the size of your estate and how comprehensive your needs are.<\/p>\n

\u00a0<\/strong><\/p>\n

Estoppel<\/strong>
\nA 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. A 1891 English court decision summarized estoppel as \u201ca rule of evidence which precludes a person from denying the truth of some statement previously made by himself\u201d.<\/p>\n

\u00a0<\/strong><\/p>\n

Euthanasia<\/strong>
\nThe putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission (intentionally withholding a life-saving medical procedure, also known as \u201cpassive euthanasia\u201d) or commission of an act (\u201cactive euthanasia\u2019). See also living will.<\/p>\n

\u00a0<\/strong><\/p>\n

Evidence<\/strong>
\nProof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called \u201creal evidence.\u201d In other rarer cases, evidence can be circumstantial.<\/p>\n

\u00a0<\/strong><\/p>\n

EVS<\/strong>
\nEnumeration and Verification System<\/p>\n

\u00a0<\/strong><\/p>\n

Ex aequo et bono<\/strong>
\nLatin for \u201cin justice and fairness.\u201d Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. Most legal cases are decided on the strict rule of law. For example, a contract will be normally upheld and enforced by the legal system no matter how \u201cunfair\u201d it may prove to be. But a case to be decided ex aequo et bono, overrides the strict rule of law and requires instead a decision based on what is fair and just given the circumstances.<\/p>\n

\u00a0<\/strong><\/p>\n

Ex parte<\/strong>
\nLatin: for one party only. Ex parte refers to those proceedings where one of the parties has not received notice and, therefore, is neither present nor represented. If a person received notice of a hearing and chose not to attend, then the hearing would not be called ex parte. Some jurisdictions expand the definition to include any proceeding that goes undefended, even though proper notice has been given.<\/p>\n

\u00a0<\/strong><\/p>\n

Ex patriate<\/strong>
\nA person who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country.<\/p>\n

\u00a0<\/strong><\/p>\n

Ex post facto<\/strong>
\nLatin: after the fact. Legislation is called ex post facto if the law attempts to extend backwards in time and punish acts committed before the date of the law\u2019s approval. Such laws are constitutionally prohibited in most modern democracies. For example, the USA Constitution prohibits \u201cany ex post facto law\u201d.<\/p>\n

\u00a0<\/strong><\/p>\n

Ex rel<\/strong>
\nAn abbreviation of \u201cex relatione\u201d, Latin for \u201con the relation of.\u201d Refers to information or action taken that is not based on first-hand experience but is based on the statement or account of another person. For example, a criminal charge \u201cex rel\u201d simply means that the attorney general of a state is prosecuting on the basis of a statement of a person other than the attorney general himself (or herself.)<\/p>\n

\u00a0<\/strong><\/p>\n

Ex turpi causa non oritur actio<\/strong>
\nLatin: \u201cOf an illegal cause there can be no lawsuit.\u201d In other words, if one is engaged in illegal activity, one cannot sue another for damages that arose out of that illegal activity. A example is an injury suffered by a passenger in a stolen car, which that passenger knew to be stolen and was a free participant in the joyriding. If vehicle crashes injuring the passenger, there is no action in tort against the driver under the ex turpi causa non oritur actio principle.<\/p>\n

\u00a0<\/strong><\/p>\n

Examination-in-chief<\/strong>
\nThe questioning of your own witness under oath. Witnesses are introduced to a trial by their examination-in-chief, which is when they answer questions asked by the lawyer representing the party which called them to the stand. After their examination-in-chief, the other party\u2019s lawyer can question them too; this is called \u201ccross-examination\u201d.<\/p>\n

Exculpate<\/strong>
\nSomething that excuses or justifies a wrong action.<\/p>\n

\u00a0<\/strong><\/p>\n

Executor<\/strong>
\nA person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly \u201cexecuted\u201d). An executor is a personal representative.<\/p>\n

\u00a0<\/strong><\/p>\n

Exhibit<\/strong>
\nA document or object shown to the court as evidence in a trial. They are each given a number or letter by the court clerk as they are introduced for future reference during the trial. For example, weapon are frequently given as exhibits in criminal trials. Except with special permission of the court, exhibits are locked up in court custody until the trial is over.<\/p>\n

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Express trust<\/strong>
\nA trust which is clearly created by the settlor, usually in the form of a document (eg. a will), although they can be oral. They are to be contrasted with trusts which come to being through the operation of the law and which do not result from the clear intent or decision of any settlor to create a trust (eg. constructive trust).<\/p>\n

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Expropriation<\/strong>
\nCanada: the forced sale of land to a public authority. Synonymous to the USA doctrine of \u201ceminent domain\u201d.<\/p>\n

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Expunge<\/strong>
\nTo physically erase; to white or strike out. To \u201cexpunge\u201d something from a court record means to remove every reference to it from the court file.<\/p>\n

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Extortion<\/strong>
\nForcing a person to give up property in a thing through the use of violence, fear or under pretense of authority.<\/p>\n

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Extradition<\/strong>
\nThe arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty.<\/p>\n

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Fair market value<\/strong>
\nThe hypothetical most probable price that could be obtained for a property by average, informed purchasers.<\/p>\n

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Family Law<\/strong>
\nthe area of law dealing with family relations including divorce, adoption, paternity, custody, and support.<\/p>\n

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FCR<\/strong>
\nFederal Case Registry of Child Support Orders<\/p>\n

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Federal Income Tax Offset Program<\/strong>
\na program under the Federal Office of Child Support Enforcement which makes available to State CSE Agencies a route for securing the tax refund of parents who have been certified as owing substantial amounts of child support.<\/p>\n

\u00a0<\/strong><\/p>\n

Federal Parent Locator Service (FPLS)<\/strong>
\na service operated by the Federal Office of Child Support Enforcement to help the States locate parents in order to obtain child support payments; also used in cases of parental kidnapping related to custody and visitation determinations; FPLS obtains address and employer information from Federal agencies<\/p>\n

\u00a0<\/strong><\/p>\n

Federally-Assisted Foster Care<\/strong>
\na program, funded in part by the Federal government, under which a child is raised in a household by someone other than his or her own parent<\/p>\n

\u00a0<\/strong><\/p>\n

Fee simple<\/strong>
\nThe most extensive tenure allowed under the feudal system allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law.<\/p>\n

\u00a0<\/strong><\/p>\n

Fee tail<\/strong>
\nA form of tenure under the feudal system that could only be transferred to a lineal descendant. If there were no lineal descendants upon the death of the tenant, the land reverted back to the lord.<\/p>\n

\u00a0<\/strong><\/p>\n

FEIN<\/strong>
\nFederal Employer Identification Number<\/p>\n

\u00a0<\/strong><\/p>\n

Felony<\/strong>
\nA serious crime for which the punishment is prison for more than a year or death. Crimes of less gravity are called misdemeanours. This term is no longer used in England or other Commonwealth countries but remains a major distinction in the United States. Historically, in England, the term referred to crimes for which the punishment was the loss of land, life or a limb.<\/p>\n

\u00a0<\/strong><\/p>\n

Fen-Phen Law<\/strong>
\nthe legal area focusing on those persons harmed or injured by the use of Fen \u2013 Phen. Fenfluramine (\u201cfen\u201d) and phentermine (\u201cphen\u201d) are prescription medications that have been approved by the FDA for many years as appetite suppressants for the short-term management of obesity. Some physicians have prescribed fenfluramine in combination with phentermine, often for extended periods of time, for use in weight loss programs. The cluster of unusual cases of valve disease in Fen-Phen users suggested that there might be an association between Fen-Phen use and valve disease.<\/p>\n

\u00a0<\/strong><\/p>\n

Feudal system<\/strong>
\nA social structure that existed throughout much of Europe between 800 and 1400 and that revolved around a multi-level hierarchy between lords (who held land granted under tenure from the king), and their tenants (also called \u201cvassals\u201d).Tenants would lease land from the lord in exchange for loyalty and goods or services, such as military assistance or money. In exchange, the tenant would be protected from attack.<\/p>\n

FFCCSOA<\/strong>
\nFull Faith and Credit for Child Support Orders Act<\/p>\n

\u00a0<\/strong><\/p>\n

Fiduciary<\/strong>
\nNormally, the term is synonymous to a trustee, which is the classic form of a fiduciary relationship. A fiduciary has rights and powers which would normally belong to another person. The fiduciary holds those rights which he or she must exercise to the benefit of the beneficiary. A fiduciary must not allow any conflict of interest to infect their duties towards the beneficiary and must exercise a high standard of care in protecting or promoting the interests of the beneficiary. Fiduciary responsibilities exist for persons other than trustees such as between solicitor and client and principal and agent.<\/p>\n

\u00a0<\/strong><\/p>\n

Fieri facias<\/strong>
\nA writ of\u00a0fieri facias<\/em>\u00a0commands a sheriff to take and sell enough property from the person who lost the law suit, to pay the debt owed by the judgment.<\/p>\n

\u00a0<\/strong><\/p>\n

Finding<\/strong>
\na formal determination by a court, or administrative process that has legal standing<\/p>\n

\u00a0<\/strong><\/p>\n

FIPS<\/strong>
\nFederal Information Processing Standards<\/p>\n

\u00a0<\/strong><\/p>\n

FMS<\/strong>
\nFinancial Management Service<\/p>\n

\u00a0<\/strong><\/p>\n

Force majeure<\/strong>
\nFrench for an act of God; an inevitable, unpredictable act of nature, not dependent on an act of man. Used in insurance contracts to refer to acts of nature such as earthquakes or lightning.<\/p>\n

\u00a0<\/strong><\/p>\n

Foreclosure<\/strong>
\nThe technical meaning of the word is to wipe out a right of redemption on a property. Generally, this is what happens when someone does not pay their mortgage. Even though there has been no payments, the borrower retains a equitable right of redemption if, some day, he or she were able to find the money and try to exercise their right of redemption. To clear the title of this potential, a lender goes to court, demonstrates the default, requests that a date be set where the entire amount becomes payable after which, in the absence of payment, the lender is automatically relieved of the requirement to redeem the property back to the borrower; the debtor\u2019s right of redemption is said to be forever barred and foreclosed. This cancels all rights a borrower would have in the property and the property then belongs entirely to the lender, who is then free to possess or sell the property. The word is frequently used to generally refer to the lender\u2019s actions of repossessing and selling a property for default in mortgage payments.<\/p>\n

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FPLS<\/strong>
\nFederal Parent Locator Service<\/p>\n

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Franchise Law<\/strong>
\nthe area of law revolving around the right or license that is granted to an individual or group to market a company\u2019s goods or services in a particular territory under the company\u2019s trademark, trade name, or service mark and that often involves the use of rules and procedures designed by the company and services and facilities provided by the company in return for fees, royalties, or other compensation.<\/p>\n

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Fraud<\/strong>
\nDeceitful conduct designed to manipulate another person to give something of value by (1) lying, (2) by repeating something that is or ought to have been known by the fraudulent party as false or suspect or (3) by concealing a fact from the other party which may have saved that party from being cheated. The existence of fraud will cause a court to void a contract and can give rise to criminal liability.<\/p>\n

\u00a0<\/strong><\/p>\n

Freehold<\/strong>
\nA special right granting the full use of real estate for an indeterminate time. It differs from leasehold, which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail.<\/p>\n

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Freeholder<\/strong>
\nA person who owns freehold property rights (i.e. in a piece of real estate; either land or a building).<\/p>\n

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FSA<\/strong>
\nFamily Support Act<\/p>\n

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Fugitive<\/strong>
\nOne who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a \u201cfugitive\u201d although, in that context, it does not necessarily mean that the suspect was trying to hide in the country from which extradition is being sought.<\/p>\n

\u00a0<\/strong><\/p>\n

Full Faith and Credit<\/strong>
\ndoctrine under which a State must honor an order or judgment entered in another State<\/p>\n

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Functus officio<\/strong>
\nLatin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created.<\/p>\n

\u00a0<\/strong><\/p>\n

Fungibles<\/strong>
\nGoods which are comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, and which can be easily replaced by other, identical goods. If the goods are sold by weight or number, this is a good sign that they are fungible.<\/p>\n

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Furiosi nulla voluntas est<\/strong>
\nA Latin expression that mentally impaired persons cannot validly sign a will.<\/p>\n

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FVI<\/strong>
\nFamily Violence Indicator<\/p>\n

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Garnishment<\/strong>
\nThe seizing of a person\u2019s property, credit or salary, on the basis of a law which allows it, and for the purposes of paying off a debt. The person who possesses the assets of the debtor and is the subject of the seizure is called a \u201cgarnishee\u201d. This is frequently used in the enforcement of child support where delinquent debtors will be subjected to salary garnishment. A percentages of their wages is subtracted directly off their pay-check and directed to the person in need of support (the employer being the garnishee).<\/p>\n

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Gavel<\/strong>
\nA wooden mallet used by a judge to bring proceedings to a start or to an end or to command attention in his or her court.<\/p>\n

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General Agreement on Tariffs and Trade (GATT)<\/strong>
\nMultilateral international treaty first created in 1947 and frequently amended (most recently in 1994) to which 125 countries subscribe. GATT provides for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers. The 1994 amendment created a World Trade Organization, which oversees the implementation of the GATT.<\/p>\n

\u00a0<\/strong><\/p>\n

General counsel<\/strong>
\nThe senior lawyer of a corporation. This is normally a full-time employee of the corporation although some corporations contract this position out to a lawyer with a private firm.<\/p>\n

\u00a0<\/strong><\/p>\n

General Practice<\/strong>
\ndealing in many or numerous areas of the law.<\/p>\n

\u00a0<\/strong><\/p>\n

Genetic Testing<\/strong>
\nanalysis of inherited factors (usually by blood or tissue test) of mother, child, and alleged father which can help to prove or disprove that a particular man fathered a particular child<\/p>\n

\u00a0<\/strong><\/p>\n

Gift over<\/strong>
\nA device used in wills and trusts to provide for the gift of property to a second recipient if a certain event occurs, such as the death of the first recipient. For example, I give you my car but on your death you must give it to your child; that is a gift over to the benefit of your child.<\/p>\n

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Goodwill<\/strong><\/p>\n

An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections.<\/p>\n

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Government<\/strong>
\nthe area of law dealing with units of government.<\/p>\n

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Grand Jury<\/strong>
\nAn American criminal justice procedure whereby, in each court district, a group of 16-23 citizens hold an inquiry on criminal complaints brought by the prosecutor and decide if a trial is warranted, in which case an indictment is issued. If a Grand Jury rejects a proposed indictment it is known as a \u201cno bill\u201d; if they accept to endorse a proposed indictment it is known as a \u201ctrue bill\u201d.<\/p>\n

\u00a0<\/strong><\/p>\n

Gross negligence<\/strong>
\nAny action or an omission in reckless disregard of the consequences to the safety or property of another. Sometimes referred to as \u201cvery great negligence\u201d and it is more then just neglect of ordinary care towards others or just inadvertence. Also known as the Latin term culpa lata.<\/p>\n

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Guarantor<\/strong>
\nA person who pledges collateral for the contract of another, but separately, as part of an independently contract with the obligee of the original contract. Compare with \u201csurety.\u201d<\/p>\n

\u00a0<\/strong><\/p>\n

Guardian<\/strong>
\nAn individual who, by legal appointment or by the effect of a written law, is given custodyof both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person.<\/p>\n

\u00a0<\/strong><\/p>\n

Guardian ad litem<\/strong>
\nA guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action.<\/p>\n

\u00a0<\/strong><\/p>\n

Guidelines<\/strong>
\na standard method for setting child support obligations based on the income of the parent(s) and other factors as determined by State law<\/p>\n

\u00a0<\/strong><\/p>\n

Guillotine<\/strong>
\nA device developed in France to inflict the death penalty through decapitation by the dropping of a weighted and sharp metal blade onto the restrained neck of a convict.<\/p>\n

\u00a0<\/strong><\/p>\n

Habeas corpus<\/strong>
\nLatin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. Habeas corpus was one of the concessions the British Monarch made in the Magna Carta and has stood as a basic individual right against arbitrary arrest and imprisonment.<\/p>\n

\u00a0<\/strong><\/p>\n

Habitual offender<\/strong>
\nA person who is convicted and sentenced for crimes over a period of time and even after serving sentences of incarceration, such as demonstrates a propensity towards criminal conduct. Reformation techniques fail to alter the behaviour of the habitual offender. Many countries now have special laws that require the long-term incarceration, without parole, of habitual offenders as a means of protecting society in the face of an individual that appears unable to comply with the law.<\/p>\n

\u00a0<\/strong><\/p>\n

Harassment<\/strong>
\nUnsolicited words or conduct which tend to annoy, alarm or abuse another person. An excellent alternate definition can be found in Canadian human rights legislation as: \u201ca course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.\u201d Name-calling (\u201cstupid\u201d, \u201cretard\u201d or \u201cdummy\u201d) is a common form of harassment. (See also sexual harassment.)<\/p>\n

\u00a0<\/strong><\/p>\n

Health Law<\/strong>
\nthe area of law focusing on the health care industry.<\/p>\n

\u00a0<\/strong><\/p>\n

Hearsay<\/strong>
\nAny evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. For example, if Bob heard from Susan about an accident that Susan witnessed but that Bob had not, and Bob attempted to repeat Susan\u2019s story in court, it could be objected to as \u201chearsay.\u201d The basic rule, when testifying in court, is that you can only provide information of which you have direct knowledge. In other words, hearsay evidence is not allowed. Hearsay evidence is also referred to as \u201csecond-hand evidence\u201d or as \u201crumor.\u201d You are able to tell a court what you heard, to repeat the rumor, and testify that, in fact, the story you heard was told to you, but under the hearsay rule, your testimony would not be evidence of the actual facts of the story but only that you heard those words spoken.<\/p>\n

\u00a0<\/strong><\/p>\n

Homeowners Associations<\/strong>
\nthe area of law representing the needs of Homeowners Associations, also know as Common Interest Development Associations.<\/p>\n

\u00a0<\/strong><\/p>\n

Homicide<\/strong>
\nThe word includes all occasions where one human being, by act or omission, takes away the life of another. Murder and manslaughter are different kinds of homicides. Executing a death-row inmate is another form of homicide, but one which is excusable in the eyes of the law. Another excusable homicide is where a law enforcement officer shoots and kills a suspect who draws a weapon or shoots at that officer.<\/p>\n

\u00a0<\/strong><\/p>\n

Hostile witness<\/strong>
\nDuring an examination-in-chief, a lawyer is not allowed to ask leading questions of their own witness. But, if that witness openly shows hostility against the interests (or the person) that the lawyer represents, the lawyer may ask the court to declare the witness \u201chostile\u201d, after which, as an exception of the examination-in-chief rules, the lawyer may ask their own witness leading questions.<\/p>\n

\u00a0<\/strong><\/p>\n

Hung jury<\/strong>
\nA jury is required to make a unanimous or near unanimous verdict. When the jurors, after full debate and discussion, are unable to agree on a verdict and are deadlocked with differences of opinion that appear to be irreconcilable, it is said to be a \u201chung jury\u201d. The result is a mistrial.<\/p>\n

\u00a0<\/strong><\/p>\n

Husband-wife privilege<\/strong>
\nA special right that married persons have to keep communications between them secret and even inaccessible to a court of law. While this privilege may have been varied in some states, it has always been held to be lifted where one spouse commits a crime on the other. Similar to the client-solicitor privilege.<\/p>\n

\u00a0<\/strong><\/p>\n

IM<\/strong>
\nInformation Memorandum<\/p>\n

\u00a0<\/strong><\/p>\n

Immediate Wage Withholding<\/strong>
\nautomatic deductions from income which start as soon as the agreement for support is established (see wage withholding)<\/p>\n

\u00a0<\/strong><\/p>\n

Immigration Law<\/strong>
\nthe area of law dealing with persons who come into a country of which one is not a native for permanent residence.<\/p>\n

\u00a0<\/strong><\/p>\n

Immunity<\/strong>
\nAn exemption that a person (individual or corporate) enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. For example, diplomats enjoy \u201cdiplomatic immunity\u201d which means that they cannot be prosecuted for crimes committed during their tenure as diplomat. Another example of an immunity is where a witness agrees to testify only if the testimony cannot be used at some later date during a hearing against the witness.<\/p>\n

\u00a0<\/strong><\/p>\n

In limine<\/strong>
\nLatin: at the beginning or on the threshold. A motion \u201cin limine\u201d is a motion that is tabled by one of the parties at the very beginning of the legal procedures.<\/p>\n

\u00a0<\/strong><\/p>\n

In pari delicto<\/strong>
\nLatin: both parties are equally at fault. Actually, the usual use of this phrase is \u201cin pari delicto, potior est conditio possidentis\u201d which means that where both parties in a dispute are equally at wrong, the person in possession of the contested property will retain it (ie. the law will not intervene).<\/p>\n

\u00a0<\/strong><\/p>\n

In personam<\/strong>
\nLatin: All legal rights are either in personam or in rem. An in personam right is a personal right attached to a specific person. In rem rights are property rights and enforceable against the entire world.<\/p>\n

\u00a0<\/strong><\/p>\n

In rem<\/strong>
\nLatin: All legal rights are either in personam or in rem. In rem rights are proprietary in nature; related to the ownership of property and not based on any personal relationship, as is the case with in personam rights.<\/p>\n

\u00a0<\/strong><\/p>\n

Incorporeal<\/strong>
\nLegal rights which are intangible such as copyrights or patents.<\/p>\n

\u00a0<\/strong><\/p>\n

Incorporeal hereditament<\/strong>
\nAn incorporeal right which is attached to property and which is inheritable. Easements and profits \u00e0 prendre are examples of incorporeal hereditaments as are hereditary titles such as those common in the United Kingdom.<\/p>\n

\u00a0<\/strong><\/p>\n

Indefeasible<\/strong>
\nA right or title in property that cannot be made void, defeated or canceled by any past event, error or omission in the title. For example, certificates of title issued under a Torrens land titles system is said to be \u201cindefeasible\u201d because the government warrants that no interest burdens the title other than those on the certificate. This makes long and expensive title searches unnecessary.<\/p>\n

\u00a0<\/strong><\/p>\n

Indictable offence<\/strong>
\nAn offence which, in Canada, is more serious than those which can proceed by summary conviction. This is the Canadian equivalent to the USA \u201cfelony\u201d. Murder and treason are examples of crimes committed in Canada which would be indictable offences. These crimes are usually tried by federally-appointed judges and carry heavy sentences.<\/p>\n

\u00a0<\/strong><\/p>\n

Indictment<\/strong>
\nUSA: a formal accusation returned by a Grand Jury, that charges a person with a serious crime. It is on the basis of an indictment that an accused person must stand trial.<\/p>\n

\u00a0<\/strong><\/p>\n

Infanticide<\/strong>
\nMurder of an infant soon after its birth.<\/p>\n

\u00a0<\/strong><\/p>\n

Injunction<\/strong>
\nA court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).<\/p>\n

\u00a0<\/strong><\/p>\n

Insolvent<\/strong>
\nA person not able to pay his or her debts as they become due. \u201cInsolvency\u201d is a prerequisite to bankruptcy.<\/p>\n

\u00a0<\/strong><\/p>\n

Insurance Law<\/strong>
\nthe area of law that deals with insurance and insurance carriers. Insurance can be defined as coverage by contract whereby for an agreed payment one party agrees to indemnify or guarantee another against loss by a specified contingency or loss.<\/p>\n

\u00a0<\/strong><\/p>\n

Intellectual Property Law<\/strong>
\nthe area of law dealing with an idea, invention, trade secret, process, program, data, formula, patent, copyright, or trademark or application, right, or registration (often times referred to as copyright, patent or trademark law).<\/p>\n

\u00a0<\/strong><\/p>\n

Intellectual Property\/Technology<\/strong>
\na mechanism for resolving disputes that exists outside the state or federal judicial system specifically relating to an idea, invention, trade secret, process, program, data, formula, patent, copyright, or trademark or application, right, or registration (often times referred to as copyright, patent or trademark law). (see also arbitration and mediation).<\/p>\n

\u00a0<\/strong><\/p>\n

Inter alia<\/strong>
\nLatin: \u201camong other things\u201d, \u201cfor example\u201d or \u201cincluding\u201d. Legal drafters would use it to precede a list of examples or samples covered by a more general descriptive statement. Sometimes they use an\u00a0inter alia<\/em>\u00a0list to make absolutely sure that users of the document understand that the general description covers a certain element (which was covered in the general description anyway) without, in any way, restricting the scope of the general element to include other things that were not singled out in the\u00a0inter alia<\/em>\u00a0list.<\/p>\n

\u00a0<\/strong><\/p>\n

Inter partes<\/strong>
\nLatin: between parties.<\/p>\n

\u00a0<\/strong><\/p>\n

Inter vivos<\/strong>
\nLatin: from one living person to another living person. For example, an\u00a0inter vivos<\/em>\u00a0trust is one which the settlor sets up to take effect while he or she is still alive. It can be contrasted with the testamentary trust, which is to take effect only upon the settlor\u2019s death. Another example is the sale of a life estate which can only occur between persons living; i.e. inter vivos.<\/p>\n

\u00a0<\/strong><\/p>\n

Interim order<\/strong>
\nA temporary court order; intended to be of limited duration, usually just until the court has had an opportunity of hearing the full case and make a final order.<\/p>\n

\u00a0<\/strong><\/p>\n

Interlineation<\/strong>
\nAn addition of something to a document after it has been signed. Such additions are ignored unless they are initialed by the signatories and, if applicable, witnesses (eg. wills).<\/p>\n

\u00a0<\/strong><\/p>\n

Interlocutory<\/strong>
\nProceedings taken during the course of, and incidental to a trial. Examples include procedures or applications made which are to assist a case in preparing its case or of executing judgment once obtained (eg. garnishment or judicial sale). These decisions intervene after the start of a suit and decide some issue other than the final decision itself.<\/p>\n

\u00a0<\/strong><\/p>\n

Interlocutory injunction<\/strong>
\nAn injunction which lasts only until the end of the trial during which the injunction was sought.<\/p>\n

\u00a0<\/strong><\/p>\n

Interloper<\/strong>
\nA person who, without legal right, runs a business (eg. without mandatory licenses), or who wrongfully interferes or intercepts another\u2019s business.<\/p>\n

\u00a0<\/strong><\/p>\n

International Law<\/strong>
\na group of laws, rules, or principles that are based on custom, treaties, or legislation and that control or affect the duties and rights of sovereign nations in relation to each other.<\/p>\n

\u00a0<\/strong><\/p>\n

Internet Law<\/strong>
\nthe area of law that focuses on the Internet. The Internet is defined as an electronic communications network that connects computer networks and organizational computer facilities around the world.<\/p>\n

\u00a0<\/strong><\/p>\n

Intestate<\/strong>
\nDying without a will.<\/p>\n

\u00a0<\/strong><\/p>\n

Inure<\/strong>
\nTo take effect, to result; to come into operation.<\/p>\n

\u00a0<\/strong><\/p>\n

IRS<\/strong>
\nInternal Revenue Service<\/p>\n

\u00a0<\/strong><\/p>\n

Islamic law<\/strong>
\nThe law according to the Muslim faith and as interpreted from the Koran. Islamic law is probably best known for deterrent punishment, which is the basis of the Islamic criminal system and the fact that there is no separation of church and state. Under Islamic law, the religion of Islam and the government are one. Islamic law is controlled, ruled and regulated by the Islamic religion. Islamic law purports to regulate all public and private behavior including personal hygiene, diet, sexual conduct, and child rearing. Islamic law now prevails in countries all over the middle east and elsewhere covering twenty per cent of the world\u2019s population.<\/p>\n

\u00a0<\/strong><\/p>\n

IV-A<\/strong>
\nTitle IV-A of the Social Security Act<\/p>\n

\u00a0<\/strong><\/p>\n

IV-E<\/strong>
\nTitle IV-E of the Social Security Act<\/p>\n

\u00a0<\/strong><\/p>\n

    \n
  1. D.<\/strong>
    \nAbbreviation for \u201cjuris doctor\u201d or \u201cdoctor of jurisprudence\u201d and the formal name given to the university law degree in the United States. It is a prerequisite to most bar admission exams.<\/li>\n<\/ol>\n

    \u00a0<\/strong><\/p>\n

    Jactitation<\/strong>
    \nA false boast designed to increase standing at the expense of another. This used to form the basis of an ancient legal petition called \u201cjactitation of marriage\u201d wherein a person could be ordered by the courts to cease claims of being married to a certain person when, in fact, they were not married. The tort of slander of title is a form of jactitation.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Joint custody<\/strong>
    \nA child custody decision which means that both parents share joint legal custody and joint physical custody. This is not very common and many professionals have taken to referring to \u201cjoint legal custody but sole maternal physical custody\u201d as \u201cjoint custody\u201d.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Joint tenancy<\/strong>
    \nWhen two or more persons are equally owners of some property. The unique aspect of joint tenancy is that as the joint tenancy owners die, their shares accrue to the surviving owner(s) so that, eventually, the entire share is held by one person. A valid joint tenancy is said to require the \u201cfour unities\u201d: unity of interest (each joint tenant must have an equal interest including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time: the interests of the joint tenants must arise at the same time.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Judicial review<\/strong>
    \nWhen a court decision is appealed, it is known as an \u201cappeal.\u201d But there are many administrative agencies or tribunals which make decisions or deliver government services of one sort or another, the decisions of which can also be \u201cappealed.\u201d In many cases, the \u201cappeal\u201d from administrative agencies is known as \u201cjudicial review\u201d which is essentially a process where a court of law is asked to rule on the appropriateness of the administrative agency or tribunal\u2019s decision. Judicial review is a fundamental principle of administrative law. A distinctive feature of judicial review is that the \u201cappeal\u201d is not usually limited to errors in law but may be based on alleged errors on the part of the administrative agency on findings of fact.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Jure<\/strong>
    \nLatin, from Roman law: by right, under legal authority or by the authority of the law. A variation, \u201cjuris\u201d means \u201cof right\u201d or \u201cof the law.\u201d See jurisprudence below which means \u201cscience of the law.\u201d<\/p>\n

    \u00a0<\/strong><\/p>\n

    Jurisdiction<\/strong>
    \nlegal authority which a court has over particular persons, certain types of cases, and in a defined geographical area<\/p>\n

    \u00a0<\/strong><\/p>\n

    Jurisprudence<\/strong>
    \nTechnically, jurisprudence means the \u201cscience of law\u201d. Statutes articulate the bland rules of law, with only rare reference to factual situations. The actual application of these statutes to facts is left to judges who consider not only the statute but also other legal rules which might be relevant to arrive at a judicial decision; hence, the \u201cscience\u201d. Thus, jurisprudence\u201d has come to refer to case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Jury<\/strong>
    \nA group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes \u201cthe truth\u201d given different evidence by opposing parties.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Jus<\/strong>
    \nLatin: word which, in Roman law, meant the law or a right. Also spelt \u201cius\u201d in some English translations. For example, public law was called \u201cjus publicum\u201d and private law was called \u201cjus privatum.\u201d<\/p>\n

    \u00a0<\/strong><\/p>\n

    Jus spatiandi et manendi<\/strong>
    \nLatin: referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares. Very similar to an easement of which some courts have said a jus spatiandi is a special type.<\/p>\n

    \u00a0<\/strong><\/p>\n

    Justice<\/strong>
    \nFairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants \u201cseek justice\u201d by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of \u201cgood\u201d or \u201cvirtue\u201d over \u201cwrong\u201d or \u201cevil\u201d has been corrected.<\/p>\n

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    Dictionary of law: Helps the students of law to understand definitions of various words related to law. Find your desire keyword meaning by using our search option. E-Commerce Law the area of law specifically dealing with the form of business…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[304,23],"tags":[305],"class_list":["post-2471","post","type-post","status-publish","format-standard","hentry","category-law-dictionary-legal-resources","category-legal-resources","tag-law-dictionary"],"_links":{"self":[{"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=\/wp\/v2\/posts\/2471","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2471"}],"version-history":[{"count":2,"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=\/wp\/v2\/posts\/2471\/revisions"}],"predecessor-version":[{"id":2473,"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=\/wp\/v2\/posts\/2471\/revisions\/2473"}],"wp:attachment":[{"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2471"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2471"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bdlawsource.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2471"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}