Elective Share: Refers to probate laws that
allow a spouse to take a certain portion of an estate
when the other spouse dies, regardless of what was
written in the spouse's will.
Emancipation: When a minor has achieved
independence from his or her parents, often by getting
married before reaching age 18 or by becoming fully
self-supporting.
En Banc: "In the bench" or
"full bench." Refers to court sessions with
the entire membership of a court participating rather
than the usual quorum. U.S. courts of appeals usually
sit in panels of three judges, but may expand to a
larger number in certain cases. They are then said to be
sitting en banc.
Encumbrance: Any claim or restriction on a
property's title.
Equal Protection Clause: Portion of the
Fourteenth Amendment to the U.S. Constitution that
prohibits discrimination by state government
institutions. The clause grants all people "equal
protection of the laws," which means that the
states must apply the law equally and cannot give
preference to one person or class of persons over
another.
Establishment Clause: Portion of the First
Amendment to the U.S. Constitution that prohibits
government from "establishing" a religion.
Estate: All the property a person owns.
Evidence: The various things presented in
court to prove an alleged fact. May include testimony,
documents, photographs, maps and video tapes.
Ex Parte: Latin that means "by or for one
party." Refers to situations in which only one
party (and not the adversary) appears before a judge.
Such meetings are often forbidden.
Executor: Person named in a will to oversee
and manage an estate.
Exigent Circumstances: Emergency conditions.
Expert Witness: A witness with a specialized
knowledge of a subject who is allowed to discuss an
event in court even though he or she was not present.
For example, an arson expert could testify about the
probable cause of a suspicious fire.
Express Warranty: An assertion or promise
concerning goods or services. Statements such as
"This air conditioner will cool a five-room
house," or "We will repair any problems in the
first year" are express warranties.
