A bookkeeping system that lists each transaction twice in the ledger. Double-entry bookkeeping is a method whereby every transaction is shown as both a debit and a credit. This is done through the use of horizontal rows and vertical columns of numbers. The reason for the use of this bookkeeping method is that if the total of horizontal rows and vertical columns is not the same, it is easier to fin…
A term of an insurance policy by which the insurance company promises to pay the insured or the beneficiary twice the amount of coverage if loss occurs due to a particular cause or set of circumstances. Double indemnity clauses are found most often in life insurance policies. In the case of the accidental death of the insured, the insurance company will pay the beneficiary of the policy twice its …
Duplicate protection provided when two companies deal with the same individual and undertake to indemnify that person against the same losses. …
A second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense. The evil sought to be avoided by prohibiting double jeopardy is double trial and double conviction, not necessarily double punishment. Five policy considerations underpin the double jeopardy doctrine: (1) preventing the government from employing its superior resources to wear down and …
Double taxation occurs when the same transaction or income source is subject to two or more taxing authorities. This can occur within a single country, when independent governmental units have the power to tax a single transaction or source of income, or may result when different sovereign states impose separate taxes, in which case it is called international double taxation. The source of the dou…
To question or hold questionable. Uncertainty of mind; the absence of a settled opinion or conviction; the attitude of mind toward the acceptance of or belief in a proposition, theory, or statement, in which the judgment is not at rest but inclines alternately to either side. …
Stephen Arnold Douglas achieved prominence as a U.S. senator and as the originator of the policy known as Popular Sovereignty. He was born on April 23, 1813, in Brandon, Vermont. He pursued legal studies and was admitted to the Illinois bar in 1834. In 1843 Douglas entered the legislative branch of the federal government as a member of the U.S. House of Representatives. Four years later, he was el…
This brilliant and complex man was born October 16, 1898, in Maine, Minnesota. He grew up in small towns of rural Minnesota, California, and Washington as his family moved in search of a climate that would preserve the frail health of his father, a hardworking Presbyterian minister of Scottish pioneer ancestry. Douglas's father died in Washington when the boy was five, leaving the family wi…
According to his own calculations, Frederick Augustus Washington Bailey was born in February 1817, on a plantation west of the Tuckahoe River in Talbot County, Maryland. (As an adult, he celebrated his birthday on February 14.) His mother was a black slave, and his father most likely her white owner. Douglass was separated from his mother at an early age, and at age 7 he was sent to Baltimore to w…
The provision that the law makes for a widow out of the lands or tenements of her husband, for her support and the nurture of her children. A species of life estate that a woman is, by law, entitled to Dower is the provision the law makes for a widow in the distribution of her husband's estate. AP/WIDE WORLD PHOTOS claim on the death of her husband, in the lands and tenements of whic…
A percentage of the total purchase price of an item that is proffered when the item is bought on credit. In an installment sales agreement, a buyer is required to pay part of the total price, usually in cash, and later pays the balance through a number of regularly scheduled payments. …
A code of laws prepared by Draco, the celebrated lawgiver of Athens, that, by modern standards, are considered exceedingly severe. The term draconian has come to be used to refer to any unusually harsh law. …
A written order by the first party, called the drawer, instructing a second party, called the drawee (such as a bank), to pay money to a third A sample sight draft. party, called the payee. An order to pay a sum certain in money, signed by a drawer, payable on demand or at a definite time, to order or bearer. A tentative, provisional, or preparatory writing out of any document (as a will, c…
A trench or ditch to convey water from wet land; a channel through which water may flow off. The word has no technical legal meaning. Any hollow space in the ground, natural or artificial, where water is collected and passes off, is a ditch or drain. A number of states have drainage statutes in order to protect the welfare of the public. Such statutes provide for the construction of drains in area…
Statutes, also called civil liability acts, that impose civil liability upon one who sells intoxicating liquors when a third party has been injured as a result of the purchaser's intoxication and such sale has either caused or contributed to the state of intoxication. The dramshop laws are based on the principle that anyone who profits from the sale of alcoholic beverages should be held lia…
To aim a firearm, or deadly weapon, at a particular target. To lawfully remove money from an account held in a bank, treasury, or other depository. …
A person or bank that is ordered by its depositor, a drawer, to withdraw money from an account to pay a designated sum to a person according to the terms of a check or a draft. …
Chief Justice Taney's opinion fueled the nineteenth-century abolitionist movement and helped push the United States toward civil war. Although Taney was an accomplished jurist who served as chief justice for 29 years, his record was permanently tarnished by what many considered to be his flawed reasoning in the Dred Scott case. Dred Scott sued for his freedom in 1857, claiming that his …
[French, Justice, right, law.] A term denoting the abstract concept of law or a right. Droit is as variable a phrase as the English right or the Latin jus. It signifies the entire body of law or a right in terms of a duty or obligation. …
Drug courts concentrate the efforts of judges, prosecutors, defense counsel, substance-abuse treatment specialists, probation officers, law enforcement and correctional personnel, educational and vocational experts, community leaders, and others on individuals who are charged with illicit drug abuse. The criminal justice system works cooperatively with treatment systems and others to provide an of…
Training DEA agents and other law enforcement personnel on the intricacies of the drug trade has led the DEA to create rigorous educational courses. It provides training to DEA agents and support personnel, as well as to state and local police, international law enforcement officials, and other law enforcement employees on a wide range of critical subject matter. In 1999, this effort took a signif…
An individual who, as a regular course of business, mixes, compounds, dispenses, and sells medicines and similar health aids. The term druggist may be used interchangeably with pharmacist. Ordinarily, druggists must be registered under the Food, Drug, and Cosmetic Act (21 U.S.C.A. § 301 et seq. [1938]). Federal drug abuse laws make provisions for the special registration of any individual w…
Drugs are articles that are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals, and any articles other than food, water, or oxygen that are intended to affect the mental or body function of humans or animals. Narcotics are any drugs that dull the senses and commonly become addictive after prolonged use. In the scientific community, drugs a…
One who habitually engages in the overindulgence of alcohol. In order for an individual to be labeled a drunkard, drunkenness must be habitual or must recur on a constant basis. A person who regularly drinks heavily but is sometimes not under the influence of alcohol would be considered a drunkard, whereas a person who occasionally gets drunk would not. The test is the question of whether or not e…
The state of an individual whose mind is affected by the consumption of alcohol. Drunkenness is a consequence of drinking intoxicating liquors to such an extent as to alter the normal condition of an individual and significantly reduce his capacity for rational action and conduct. It can be asserted as a defense in civil and criminal actions in which the state of mind of the defendant is an essent…
W. E. B. Du Bois was an African American intellectual, sociologist, poet, and activist whose fierce commitment to racial equality was the seminal force behind important sociopolitical reforms in the twentieth-century United States. Du Bois traveled extensively in Europe during the early 1890s and did postdoctoral work at the University of Berlin, in Germany. It was there that he pledged his life a…
An equal claim, simultaneously possessed by two nations, to the allegiance of an individual. This term is frequently perceived as synonymous with dual citizenship, but the latter term encompasses the concept of state and federal citizenship enjoyed by persons who are born or naturalized in the United States. A person who possesses dual citizenship generally has the right to "elect," …
A person served with a subpoena duces tecum might be required to present documents, such as business records or other pieces of physical evidence, for the inspection of the court. …
Just; proper; regular; lawful; sufficient; reasonable, as in the phrases due care, due process of law, due notice. Owing; payable; justly owed. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done. Owed, or owing, as distinguished from payable. A debt is often said to be due from a person where he or she is the party owing it, or primarily bo…
The particular day on or before which something must be done to comply with law or contractual obligation. …
Information that must be given or made available to a particular person or to the public within a legally mandated period of time so that its recipient will have the opportunity to respond to a situation or to allegations that affect the individual's or public's legal rights or duties. …
The fighting of two persons, one against the other, at an appointed time and place, due to an earlier quarrel. If death results, the crime is murder. It differs from an affray in this, that the latter occurs on a sudden quarrel, while the former is always the result of design. Around the time of the Revolutionary War, dueling occurred in every state of the nation—in some areas, regularly&#x…
In the 1920s Dulles quickly moved ahead at Sullivan and Cromwell. In 1926, at the age of only thirty-eight, Dulles was made head of the firm. Representing many of the largest U.S. corporations, Dulles became a very wealthy man. As Dulles died May 24, 1959, in Washington, D.C. …
Sham; make-believe; pretended; imitation. Person who serves in place of another, or who serves until the proper person is named or available to take his place (e.g., dummy corporate directors; dummy owners of real estate). …
Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform. Duress also encompasses the same harm, threats, or restraint exercised upon the affected individual's spouse, child, or parent. Duress also exists where a person is coerced by the wrongful conduct or threat of another to enter into a contract under circumstances that …
The Durham rule was created in 1954 by Judge David L. Bazelon, of the U.S. Court of Appeals for the District of Columbia, in Durham v. United States, 214 F.2d 862. The rule, as stated in the court's decision, held that "an accused is not criminally responsible if his unlawful act was the product of mental disease." It required a jury's determination that the accused was…
A fiduciary, such as an executor or trustee, who occupies a position of confidence in relation to a third person, owes such person a duty to render services, provide care, or perform certain acts on his or her behalf. …
Conceptually, a duty of tonnage is assessed for the privilege of transacting business in a port. …
Gabriel Duvall was born December 6, 1752. He was admitted to the Maryland bar in 1778. Duvall served in the militia before beginning his government career in 1783, serving on the Maryland Governor's Council from 1783 to 1784, and in the Maryland House of Delegates from 1787 to 1794. Duvall died on March 6, 1844. …
A showing of complete intoxication is not necessary for a charge of driving while intoxicated. State laws indicate levels of blood-alcohol content at which an individual is deemed to be under the influence of alcohol. Laws against drunk driving vary slightly from state to state. In the majority of states, a person's first DWI charge (also referred to as Driving Under the Influence, or DUI, …
Although much has been written about Dworkin, little of the coverage has dealt with her early life. However, Dworkin's admittedly autobiographical novel Mercy (1991) may provide insight into some of the events that helped to shape this controversial feminist crusader: the book chronicles the sexual victimization—including molestation and rape—faced by the protagonist, Andrea, …
Dworkin expands on his philosophy in what some consider to be his legal epic, Law's Empire. He discounts the conventionalist notion that law is based strictly on tradition and established authority, arguing that judges must interpret past legal decisions rather than mechanically apply the law based on precedence. Dworkin's integrity-based approach to law has drawn strong support from…
The Dyer Act, also called the National Motor Vehicle Theft Act (18 U.S.C.A. § 2311 et seq.), was enacted in 1919 to impede the interstate trafficking of stolen vehicles by organized thieves. The punishment for conviction under the Dyer Act is an unspecified fine, imprisonment of no longer than ten years, or both. …
A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused. …
Sources of money derived from the labor, professional service, or entrepreneurship of an individual taxpayer as opposed to funds generated by investments, dividends, and interest. …
A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was (an easement appurtenant), rather than for the benefit of a specific individual (easement in gross). An easement is a nonpossessory …
Eastman was born on June 25, 1881, in Glenora, New York, to Samuel Eastman and Annis Ford Eastman. Both her parents were ordained church ministers and ardent believers in women's rights, beliefs that Eastman absorbed. In a 1927 autobiographical essay written for Nation magazine, Eastman talked about her father's support of her mother's goal of becoming a minister and his suppo…
Dorman Bridgman Eaton was born June 27, 1823, in Hardwick, Vermont. He was a successful lawyer who achieved prominence for his work in the establishment of the U.S. Civil Service Commission. After receiving a doctor of laws degree from the University of Vermont in 1848, Eaton attended Harvard Law School in 1850 and was admitted to the New York bar, practicing law there until 1870. Eaton was a stau…
In England, the collective classification of particular courts that exercised jurisdiction primarily over spiritual matters. A system of courts, held by authority granted by the sovereign, that assumed jurisdiction over matters concerning the ritual and religion of the established church, and over the rights, obligations, and discipline of the clergy. …
Edelman was born June 6, 1939, in Bennettsville, a small, segregated town in South Carolina. Her father, Arthur Jerome Wright, was a Baptist minister, and her mother, Maggie Leola Wright, was the director of the Wright Home for the Aged. Named after singer Marian Anderson, Edelman recalls a childhood of hard work and high expectations. She was an outstanding student whose parents instilled in her …
A decree or law of major import promulgated by a king, queen, or other sovereign of a government. An edict can be distinguished from a public proclamation in that an edict puts a new statute into effect whereas a public proclamation is no more than a declaration of a law prior to its actual enactment. …
Created in 1980, the U.S. Department of Education (DOE) is the cabinet-level agency that establishes policy for, administers, and coordinates most federal assistance to education. It is directed by the secretary of education, who assists the president of the United States by executing policies and implementing laws enacted by Congress. The DOE has six major responsibilities: (1) providing national…
The body of state and federal constitutional provisions; local, state, and federal statutes; court opinions; and government regulations that provide the legal framework for educational institutions. …
As a verb, to do; to produce; to make; to bring to pass; to execute; enforce; accomplish. As a noun, that which is produced by an agent or cause; result; outcome; consequence. The result that an instrument between parties will produce in their relative rights, or which a statute will produce upon the existing law, as discovered from the language used, the forms employed, or other materials for con…
Another name for annual percentage rate that refers to the amount of yearly interest to be charged by a lender on the money borrowed by a debtor. Federal income tax laws increase the rate of taxation as a taxpayer reaches certain marginal income levels. For example, taxpayers might pay a tax rate of 20 percent on the first $10,000 of taxable income. Thereafter, any increase in income up to an addi…
That which actually precipitates an accident or injury. The term efficient cause is frequently used interchangeably with proximate cause—the immediate act in the production of a particular effect—or the cause that sets the others in operation. …
An abbreviation for exempli gratia [Latin, for the sake of an example]. The phrase e.g. is frequently used in law books in lieu of the phrase "for example." …
The Eighteenth Amendment to the U.S. Constitution reads: The Eighteenth Amendment was passed in 1919 and subsequently repealed in 1933. A woman displays an anti-Prohibition slogan printed on an automobile tire cover. Ratified in January 1919, the Eighteenth Amendment was repealed by the ratification of the Twenty-first Amendment in December 1933. LIBRARY OF CONGRESS …
The Eighth Amendment to the U.S. Constitution reads: Trial court judges are given less latitude under the Excessive Bail Clause. Bail is the amount of money, property, or bond that a defendant must pledge to the court as security for his or her appearance at trial. If the defendant meets bail or is able to pay the amount set by the court, the defendant is entitled to recover the pledged amount at …
Dwight David Eisenhower achieved prominence in military and political careers and was the thirty-fourth president of the United States. From 1922 to 1924, Eisenhower was assigned to a post in the Panama Canal Zone. Five years later, he served as an administrator in the Assistant Secretary of War Office and acted in this capacity until 1933. In 1935, he was stationed in the Philippine Islands, and,…
Originally, the action of ejectment was intended to protect the rights of a tenant who leased the land. Ultimately, it came to be the principal method for determining the ownership of real property. When the question of title to land became the issue, it was essential to describe the property as carefully as it would be described in a deed to a purchaser. This led to enforcement of very strict tec…
Without a durable power of attorney, a guardian will be appointed, in the event of mental incapacity, to make healthcare decisions. A conservator will be appointed to manage property. The appointment of a guardian and a conservator is accomplished by a judicial proceeding. This proceeding is involuntary, and the court is free to appoint whoever will act in the best interests of the person who is m…
Election campaigns for public office are expensive. Candidates need funding for support staff, advertising, traveling, and public appearances. Unless they are independently wealthy, most must finance their campaigns with contributions from individuals and from businesses and other organizations. Today, state and federal laws set limits on campaign contributions; create contribution disclosure requ…
Once a plaintiff elects a remedy, he or she precludes the pursuit of other inconsistent methods of relief. Not all jurisdictions require a plaintiff to elect remedies, and many have abolished this requirement because of its sometimes harsh effects. In the jurisdictions that retain the election of remedies, a plaintiff usually must choose a remedy early in the action. Since an election can be made …
The processes of voting to decide a public question or to select one person from a designated group to perform certain obligations in a government, corporation, or society. In elections, a candidate is a person who is selected by others as a contestant. A ballot is anything that a voter uses to express his or her choice, such as a paper and pen or a lever on a machine. A poll is the place where a …
Statutory provision that a surviving spouse may choose between taking that which is provided in the will of the deceased spouse or taking a statutorily prescribed share of the estate. Such election may be presented if the will leaves the spouse less than he or she would otherwise receive by statute. This election may also be taken if the spouse seeks to set aside a will that contains a provision t…
A voter who has fulfilled the qualifications imposed by law; a constituent; a selector of a public officer; a person who has the right to cast a ballot for the approval or rejection of a political proposal or question, such as the issuance of bonds by a state or municipality to finance public works projects. A member of the electoral college—an association of voters elected by the populace …
Nominated persons, known as electors, from the states and the District of Columbia, who meet every four years in their home state or district and cast ballots to choose the president and vice president of the United States. In the popular election, the American people actually vote for electors, not for the candidates themselves. The candidate who receives the majority of votes from electors takes…
Electricity has been known since ancient times, but scientists could not make use of it safely until the eighteenth century. Thomas Edison's invention of the electric lightbulb in 1879 sparked the demand for electric power that continues to this day, ultimately resulting in the need for legislative and regulatory controls on the electric-power-generating industry. …
Widely recognized for its expertise in legal matters related to computer networks and electronic media, EFF has become a leading resource for those seeking to better understand the complex issues associated with new communications technology. As part of its civil liberties mission, EFF seeks to ensure that the creators of electronic communications have the same political freedoms as the creators o…
Observing or listening to persons, places, or activities—usually in a secretive or unobtrusive manner—with the aid of electronic devices such as cameras, microphones, tape recorders, or wire taps. The objective of electronic surveillance when used in law enforcement is to gather evidence of a crime or to accumulate intelligence about suspected criminal activity. Corporations use elec…
A material factor; a basic component.…
The Eleventh Amendment to the U.S. Constitution reads: The text of the Eleventh Amendment limits the power of federal courts to hear lawsuits against state governments brought by the citizens of another state or the citizens of a foreign country. The Supreme Court has also interpreted the Eleventh Amendment to bar federal courts from hearing lawsuits instituted by citizens of the state being sued …
George Washington Ellis was born May 4, 1875, in Weston, Missouri. He earned a bachelor of laws degree from the University of Kansas in 1893, attended Howard University in Washington, D.C., for two years where he studied psychology and philosophy, and graduated from Gunton's Institute of Economics and Sociology in New York in 1900. After practicing law for several years, Ellis worked in the…
Oliver Ellsworth served as the third chief justice of the U.S. Supreme Court. Though his tenure on the Court was undistinguished, Ellsworth played an important part in shaping the political and legal structure of the United States as a representative at the Constitutional Convention and as a U.S. senator. Ellsworth was born April 29, 1745, in Windsor, Connecticut, into a prosperous and distinguish…
Senator Charles Schumer of New York, shown displaying his unsolicited e-mail, introduced legislation in April 2003 that would restrict spam as well as create criminal and civil penalties for spammers. AP/WIDE WORLD PHOTOS E-mail is less secure than traditional mail, even though federal law protects e-mail from unauthorized tampering and interception. Under the Electronic Communications Priv…
The act or process by which a person is liberated from the authority and control of another person. The term is primarily employed in regard to the release of a minor by his or her parents, which entails a complete relinquishment of the right to the care, custody, and earnings of such child, and a repudiation of parental obligations. The emancipation may be express—pursuant to a voluntary a…
In the text of the proclamation—which is almost entirely the work of Lincoln himself—Lincoln characterizes his order as "an act of justice, warranted by the Constitution upon military necessity." These words capture the essential character of Lincoln's work in the document. On the one hand, he perceived the proclamation as a kind of military tactic that would aid…
A proclamation or order of government, usually issued in time of war or threatened hostilities, prohibiting the departure of ships or goods from some or all ports until further order. Government order prohibiting commercial trade with individuals or businesses of other specified nations. Legal prohibition on commerce. …
A legislative measure enacted by Congress in 1807 at the behest of President Thomas Jefferson that banned trade between U.S. ports and foreign nations. The Embargo Act was intended to use economic pressure to compel England and France to remove restrictions on commercial trading with neutral nations that they imposed in their warfare with each other. Napoleon decreed under his Continental system t…
The fraudulent conversion of another's property by a person who is in a position of trust, such as an agent or employee. Embezzlement is distinguished from swindling in that swindling involves wrongfully obtaining property by a false pretense, such as a lie or trick, at the time the property is transferred, which induces the victim to transfer to the wrongdoer title to the property. One or …
Crops annually produced by the labor of a tenant. Corn, wheat, rye, potatoes, garden vegetables, and other crops that are produced annually, not spontaneously, but by labor and industry. The doctrine of emblements denotes the right of a tenant to take and carry away, after the tenancy has ended, such annual products of the land as have resulted from the tenant's care and labor. …
The crime of attempting to influence a jury corruptly to one side or the other by promises, persuasions, entreaties, entertainments, and the like. The person guilty of it is called an embraceor. This is both a state and federal crime, and is commonly included under the offense of obstructing justice. In order for the offense of embracery to be committed, it is essential that the accused individual…
A principle that allows individuals to take action in the face of a sudden or urgent need for aid, without being subject to normal standards of reasonable care. Also called imminent peril doctrine, or sudden peril doctrine. The emergency doctrine allows people to act in critical situations that call for quick action—a fire, an automobile crash, a collapsing building—without danger of…
Emigration is the act of leaving one's country to live somewhere else. These men emigrated from Italy to the United States in 1911. LIBRARY OF CONGRESS …
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. Eminent domain is a challenging area for the courts, which have struggled with the question of whether the regulation of property, rather than its acquisition, is …
The profit arising from office, employment, or labor; that which is received as a compensation for services, or which is annexed to the possession of office as salary, fees, and perquisites. Any perquisite, advantage, profit, or gain arising from the possession of an office. …
State and federal laws that define or restrict the grounds under which, and the extent to which, the owner of a business who hires workers can be held liable for damages arising from injuries to such workers that occur during the course of the work. …
A common-law rule that an employment contract of indefinite duration can be terminated by either the employer or the employee at any time for any reason; also known as terminable at will. Traditionally, U.S. employers have possessed the right to discharge their employees at will for any reason, be it good or bad. The "at-will" category encompasses all employees who are not protected …
The section of a constitution or statute that provides government officials with the power to put the constitution or statute into force and effect. Seven of the amendments to the U.S. Constitution contain clauses that give Congress the power to enforce their provisions by appropriate legislation. An example of an enabling clause is Clause 2 of the Nineteenth Amendment. …
A law that gives new or extended authority or powers, generally to a public official or to a corporation. A sample enabling statute. …
To establish by law; to perform or effect; to decree. Enact, sometimes used synonymously with adopt, is generally applied to legislative rather than executive action. …
An illegal intrusion in a highway or navigable river, with or without obstruction. An encroachment upon a street or highway is a fixture, such as a wall or fence, which illegally intrudes into or invades the highway or encloses a portion of it, diminishing its width or area, but without closing it to public travel. …
To burden property by way of a charge that must be removed before ownership is free and clear. Property subject to an encumbrance may have a lien or mortgage imposed upon it. …
The federal Endangered Species Act of 1973 (ESA) (16 U.S.C.A. §§ 1531 et seq.) was enacted to protect animal and plant species from extinction by preserving the ecosystems in which they survive and by providing programs for their conservation. The ESA is administered by two agencies: the National Marine Fisheries Service, which designates marine fish and certain marine mammals, and t…
To sign a paper or document, thereby making it possible for the rights represented therein to pass to another individual. Also spelled indorse. …
An endorsement on a negotiable instrument, such as a check or a promissory note, has the effect of transferring all the rights represented by the instrument to another individual. The ordinary manner in which an individual endorses a check is by placing his or her signature on the back of it, but it is valid even if the signature is placed somewhere else, such as on a separate paper, known as an a…
A transfer, generally as a gift, of money or property to an institution for a particular purpose. The bestowal of money as a permanent fund, the income of which is to be used for the benefit of a charity, college, or other institution. A classic example of an endowment is money collected in a fund by a college. The college invests the endowment so that a regular amount of income is earned for the …
In 1876, the U.S. Supreme Court, in Munn v. Illinois, 94 U.S. (Otto) 113, 24 L. Ed. 77, held that "natural monopolies" could be regulated by the government. Munn concerned grain elevators but stood more generally for the principle that the public must be allowed to control private property committed to a use in which the public has an interest. This legal recognition of natural monop…
The DOE was created in 1977 under the Department of Energy Organization Act (42 U.S.C.A. § 7131). The act brought together all major federal energy responsibilities into one cabinet-level department. The DOE divides itself into three major programs, or divisions: energy programs, weapons/waste clean-up programs, and science and technology programs. It also oversees five power administration…
To become involved with, do, or take part in something. To be engaged in something, such as a type of employment, implies a continuity of action. It is used in reference to an occupation or anything in which an individual habitually participates. A person can also be engaged to do a particular activity by contract or other agreement. When two people become engaged to marry, they are bound together…
A binding, pledging, or coming together. A mutual pact, contract, or agreement. An engagement letter is a clear delineation of an agreement that covers a particular project or employment. An attorney can require a client to sign such a letter to indicate that the person has been employed to perform specifically designated tasks. …
Going out of their way to avoid trouble, the regents made the prayer entirely optional. Both local school boards and parents could decide if it would be used. Nevertheless, its authors had not written it only to try their hand at prayer making. "We believe," they wrote, "that this Statement will be subscribed to by all men and women of good will, and we call upon all of them t…
The system of law that has developed in England from approximately 1066 to the present. Many of the concepts embodied in the U.S. Constitution—such as the separation and delegation of powers between three branches of government and the creation of an elective national assembly representing the will of the people—trace their roots to English law. Fundamental legal procedures applied i…
Laws that seek to establish English as the official language of the United States. The movement to make English the official language of the United States gained momentum at both the state and federal levels in the mid 1990s. In 1995 alone, more than five bills designating English as the official language of the United States were introduced in the U.S. Congress. In September 1995, Representative …
Engrossment was used in ancient law where the method of drawing up a written deed or contract involved working out a rough draft and then having the final terms of the instrument copied legibly onto parchment paper. Today the term denotes modern forms of copying, including engraving or any other such form of printing that will provide a legible final copy. Engrossment is also used to describe a st…
A legislative proposal that has been prepared in a final form for its submission to a vote of the lawmaking body after it has undergone discussion and been approved by the appropriate committees. …
Increase in value; improvement. Enhancement is generally used to mean an increase in the market value of property that is the result of an improvement. The enhancement of a criminal penalty means the increase of punishment, such as by increasing a jail sentence. This type of enhancement might be affected when the criminal's motive is found to be particularly depraved. …
To direct, require, command, or admonish.…
The exercise of a right; the possession and fruition of a right or privilege. Comfort, consolation, contentment, ease, happiness, pleasure, and satisfaction. Such includes the beneficial use, interest, and purpose to which property may be put, and implies right to profits and income therefrom. …
Many jurisdictions passed statutes based upon one enacted in 1603 during the reign of King James I of England, which barred the conviction of a spouse on bigamy charges if he or she remarried seven years after the absent spouse disappeared without any knowledge that the absent spouse was alive. Such statutes transformed the probability of the death of the absent spouse into a legal certainty. Stat…
Under the enrolled bill rule, once an election for the adoption of a statute is held, the procedural method by which the measure was placed on the ballot cannot be challenged with a lawsuit since judicial inquiry into legislative procedure is barred as an intrusion into the internal affairs of the lawmaking body. In addition, this rule enhances the stability of statutory enactments. Citizens can r…
To abridge, settle, or limit succession to real property. An estate whose succession is limited to certain people rather than being passed to all heirs. In real property, a fee tail is the conveyance of land subject to certain limitations or restrictions, namely, that it may only descend to certain specified heirs. …
To form a constituent part; to become a part or partaker; to penetrate; share or mix with, as tin enters into the composition of pewter. To go or come into a place or condition; to make or effect an entrance; to cause to go into or be received into. In the law of real property, to go upon land for the purpose of taking possession of it. In strict usage, the entering is preliminary to the taking po…
The entertainment industry includes the fields of theater, film, fine art, dance, opera, music, literary publishing, television, and radio. These fields share a common mission of selling or otherwise profiting from creative works or services provided by writers, songwriters, musicians, and other artists. …
To wrongfully solicit, persuade, procure, allure, attract, draw by blandishment, coax, or seduce. To lure, induce, tempt, incite, or persuade a person to do a thing. Enticement of a child is inviting, persuading, or attempting to persuade a child to enter any vehicle, building, room, or secluded place with intent to commit an unlawful sexual act upon or with the person of said child. …
The word is also used to designate that which the law considers as one whole, and not capable of being divided into parts. Thus, a judgment, it is held, is an entirety, and, if void as to one of the two defendants, cannot be valid as to the other. Also, if a contract is an entirety, no part of the consideration is due until the whole has been performed. …
An individual's right to receive a value or benefit provided by law. …
A real being; existence. An organization or being that possesses separate existence for tax purposes. Examples would be corporations, partnerships, estates, and trusts. The accounting entity for which accounting statements are prepared may not be the same as the entity defined by law. An existence apart, such as a corporation in relation to its stockholders. Entity includes person, estate, trust, …
The act of government agents or officials that induces a person to commit a crime he or she is not previously disposed to commit. Entrapment is a defense to criminal charges when it is established that the agent or official originated the idea of the crime and induced the accused to engage in it. If the crime was promoted by a private person who has no connection to the government, it is not entra…
The act of making or entering a record; a setting down in writing of particulars; or that which is entered; an item. Generally synonymous with recording. Passage leading into a house or other building or to a room; a vestibule. In immigration law, any coming of an alien into the United States, from a foreign part or place or from an outlying possession, whether voluntary or otherwise. In customs l…
Formally recording the result of a lawsuit that is based upon the determination by the court of the facts and applicable law, and that makes the result effective for purposes of bringing an action to enforce it or to commence an appeal. Entering judgment is a significant action because it establishes permanent evidence of the rendition by the court of a judgment. Under some statutes and court rule…
This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule. …
Almost every aspect of life in the United States is touched by environmental law. Drinking water must meet state and federal quality standards before it may be consumed by the public. Car manufacturers must comply with emissions standards to protect air quality. State and federal regulations govern the manufacture, storage, transportation, and disposal of the hazardous chemicals used to make deodo…
The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with eliminating discrimination based on race, color, religion, sex, national origin, disability, or age, in all terms and conditions of employment. The EEOC investigates alleged discrimination through its 50 field offices, makes determinations based on gathered evidence, attempts conciliation when discrimination has …
In an effort to end gender-based discrimination in labor wages, Congress enacted the Equal Pay Act of 1963, Pub. L. No. 88-38, 77 Stat. 56 (codified at 29 U.S.C.A. § 206(b)). The act established the requirement that women should receive "equal pay for equal work." However, the average wages given to women are still lower than those of men, and some critics have deemed the Equa…
The constitutional guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and pursuit of happiness. The Declaration of Independence states: …
When the amendment was first submitted to the states in 1972, Congress prescribed a deadline of seven years for ratification. Because an amendment must be ratified by the legislatures or conventions of three-fourths of the states, the ERA required approval by thirty-eight states. By 1973, less than two years after its submission to the states, thirty states had ratified the ERA, and the success of…
Frustrated plaintiffs turned to the king, who referred these extraordinary requests for relief to a royal court called the Chancery. The Chancery was headed by a chancellor who possessed the power to settle disputes and order relief according to his conscience. The decisions of a chancellor were made without regard for the common law, and they became the basis for the law of equity. Despite this k…
The right of a mortgagor, that is, a borrower who obtains a loan secured by a pledge of his or her real property, to prevent foreclosure proceedings by paying the amount due on the loan, a mortgage, plus interest and other expenses after having failed to pay within the time and according to the terms specified therein. This right is based upon the equitable principle that it is only fair that a bo…
Latin, therefore; hence; because.…
A 1938 landmark decision by the Supreme Court, Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188, that held that in an action in a federal court, except as to matters governed by the U.S. Constitution and acts of Congress, the law to be applied in any case is the law of the state in which the federal court is situated. Tompkins wanted to sue the railroad and recover monetar…
[Latin, Error.] The term used in the Latin formula for the assignment of mistakes made in a case. After reviewing a case, if a judge decides that there was no error, he or she indicates so by replying, "In nollo est erratum," which means, "no error was committed." The plural is errata. …
The nature of the error dictates the availability of a legal remedy. Generally speaking, mistaken or erroneous application of law will void or reverse a judgment in the matter. Conversely, errors or mistakes in facts, upon which a judge or jury relied in rendering a judgment or verdict, may or may not warrant reversal, depending upon other factors involved in the error. However, appellate decision…
he went to Harvard Law School where he received an LL.B. in 1922. After law school, Ervin returned to North Carolina where for the next thirty years he practiced law, ventured into politics, and served as a county and state judge. Ervin's political career began in 1923 when he was elected to the North Carolina General Assembly; he served two more terms in the legislature in 1925 and 19…
A stipulation contained in a union contract stating that wages will be raised or lowered, based upon an external standard such as the cost of living index. A term, ordinarily in a contract or lease, that provides for an increase in the money to be paid under certain conditions. Escalator clauses frequently appear in business contracts to raise prices if the individual providing a particular servic…
The criminal offense of fleeing legal custody without authority or consent. In order for an individual who has been accused of escape to be convicted, all elements of the crime must be proved. Such elements are governed by the specific language of each state statute. The general common-law principles may be incorporated within a statute, or the law may depart from them in various ways. Federal sta…
The power of a state to acquire title to property for which there is no owner. The most common reason that an escheat takes place is that an individual dies intestate, meaning without a valid will indicating who is to inherit his or her property, and without relatives who are legally entitled to inherit in the absence of a will. A state legislature has the authority to enact an escheat statute. In…
The case involved Danny Escobedo, who was arrested on the night of January 19, 1960, for the murder of his brother-in-law, but was released after contacting his lawyer. The lawyer told him not to answer any more questions if the police rearrested him. Ten days later, he was arrested a second time and made a request to contact his attorney repeatedly. This request was denied. His attorney then arri…
Something of value, such as a deed, stock, money, or written instrument, that is put into the custody of a third person by its owner, a grantor, an obligor, or a promisor, to be retained until the occurrence of a contingency or performance of a condition. An escrow also refers to a writing deposited with someone until the performance of an act or the occurrence of an event specified in that writin…
Espionage, commonly known as spying, is the practice of secretly gathering information about a foreign government or a competing industry, with the purpose of placing one's own government or corporation at some strategic or financial advantage. Federal law prohibits espionage when it jeopardizes the national defense or benefits a foreign nation (18 U.S.C.A. § 793). Criminal espionage…
Thus the Wilson administration proposed and Congress passed the "Espionage Act of 1917." Much of the act simply served to supersede existing espionage laws. Sections of the act covered the following: vessels in ports of the United States, interference with foreign commerce by violent means, seizure of arms and other articles intended for export, enforcement of neutrality, passports, …
In the United States, Esq. is written after a lawyer's name, for example: John Smith, Esq. …
To settle, make, or fix firmly; place on a permanent footing; found; create; put beyond doubt or dispute; prove; convince. To enact permanently. To bring about or into existence. …
When used in connection with probate proceedings, the term encompasses the total property that is owned by a decedent prior to the distribution of that property in accordance with the terms of a will, or when there is no will, by the laws of inheritance in the state of domicile of the decedent. It means, ordinarily, the whole of the property owned by anyone, the realty as well as the personalty. I…
A combined federal tax on transfers by gift or death. When property interests are given away during life or at death, taxes are imposed on the transfer. These taxes, known as estate and gift taxes, apply to the total transfers that an individual may make over a lifetime. The debate on this issue culminated in the Economic Growth and Tax Relief Reconciliation Act of 2001. The top estate tax rate wa…
Federal and state tax laws require a quarterly payment of estimated taxes due from corporations, trusts, estates, non-wage employees, and wage employees with income not subject to withholding. Individuals must remit at least 100 percent of their prior year tax liability or 90 percent of their current year tax liability in order to avoid an underpayment penalty. Corporations must pay at least 90 pe…
A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. …
An abbreviated form of et alia, Latin for "and others." When affixed after the name of a person, et al. indicates that additional persons are acting in the same manner, such as several plaintiffs or grantors. When et al. is used in a judgment against defendants, it means that the quoted words are applicable to all the defendants. …
An abbreviation for the Latin et sequentes or et sequentia, meaning "and the following." The phrase et seq. is used in references made to particular pages or sections of cases, articles, regulations, or statutes to indicate that the desired information is continued on the pages or in the sections following a designated page or section, as "p. 238 et seq." or "sec…
When Congress first debated the Ethics and Government Act in the late 1970s, it seemed as if the nation had been through a long nightmare of ethics scandals, with Watergate being only the most prominent and devastating. The purpose of the act was to increase public confidence in the level of integrity of federal government officials, to deter conflicts of interest from arising, and to stop unethic…
The branch of philosophy that defines what is good for the individual and for society and establishes the nature of obligations, or duties, that people owe themselves and one another. In modern society, ethics define how individuals, professionals, and corporations choose to interact with one another. Although the law does influence the conduct of some professions, many ethical issues cannot be se…
Paula Louise Ettelbrick is a lawyer and activist for lesbian and gay rights, and a lifelong advocate of public service. She was the first staff attorney for Lambda Legal Defense and Education Fund, and served as its legal director from 1988 to 1993. Ettelbrick was born October 2, 1955, on a U.S. Army base in Stuttgart, Germany. Growing up in a devout Catholic family, she was taught by her parents …
The term involuntary euthanasia is used to describe the killing of a person who has not explicitly requested aid in dying. This term is most often used with respect to patients who are in a persistent vegetative state and who probably will never recover consciousness. …
William M. Evarts. LIBRARY OF CONGRESS Evarts was born February 16, 1818, in Boston. He graduated from Yale University in 1837 and then attended Harvard Law School. He was admitted to the New York bar in 1841 and subsequently established a successful legal practice. From 1849 to 1853, Evarts acted as assistant district attorney for the New York District. Following the end of the Civil War, …
By antagonizing powerful white supremacists, Evers put himself in constant danger in his home state. When he was shot and killed by a sniper on June 12, 1963, many Mississippians were not surprised. Upon his death, Evers became an early martyr in the African American struggle for equal rights. More than thirty years later, when Byron de la Beckwith finally was convicted of Evers's assassina…
Following her husband's assassination, Evers-Williams assumed his position as NAACP field secretary. Then, in 1964, she decided to move with her three young children to Claremont, California, and begin a new life. In 1967, she published For Us the Living, a memoir of her life with her late husband. She earned a degree in sociology at Pomona College in 1968, and then became director of plann…
The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. …
Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case. A system of rules and standards that is used to determine which facts may be admitted, and to what extent a judge or jury may consider those facts, as proof of a particular issue in a lawsuit. …
A phrase used by stockbrokers that denotes that a stock is sold without the purchaser receiving the right to own its recently declared dividend which has not yet been paid to the stockholders. The seller of a stock sold ex dividend retains the right to receive payment of the declared dividend. The purchaser of such a stock usually buys it at a price that is reduced by the amount of the dividend to…
[Latin, From office.] By virtue of the characteristics inherent in the holding of a particular office without the need of specific authorization or appointment. The phrase ex officio refers to powers that, while not expressly conferred upon an official, are necessarily implied in the office. A judge has ex officio powers of a conservator of the peace. …
[Latin, On one side only.] Done by, for, or on the application of one party alone. An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. The term ex parte is used in a case name to signify that the suit was brought by the person whose name follows the term. A…
[Latin, "After-the-fact" laws.] Laws that provide for the infliction of punishment upon a person for some prior act that, at the time it was committed, was not illegal. The Constitution did not provide a definition for ex post facto laws, so the courts have been forced to attach meaning to the concept. In Calder v. Bull, 3 U.S. (3 Dall.) 386, 1 L. Ed. 648 (1798), the U.S. Supreme Cou…
A search, inspection, or interrogation. In trial practice, the interrogation of a witness to elicit his or her testimony in a civil or criminal action, so that the facts he or she possesses are presented before the trial of fact for consideration. In the law governing real property transactions, an investigation made into the history of the ownership of and conditions that exist upon land so that …
An official or other person empowered by another—whether an individual, business, or government agency—to investigate and review specified documents for accuracy and truthfulness. A court-appointed officer, such as a master or referee, who inspects evidence presented to resolve controverted matters and records statements made by witnesses in the particular proceeding pending before t…
The act of excepting or excluding from a number designated or from a description; that which is excepted or separated from others in a general rule or description; a person, thing, or case specified as distinct or not included; an act of excepting, omitting from mention, or leaving out of consideration. Express exclusion of something from operation of contract or deed. An exception operates to tak…
A security is a written proof of ownership of an investment, usually in the form of shares of stock, which are fractional units of ownership in a company. Commodities are raw materials, like wheat, gasoline, or silver, that are sold either on the spot market, where cash is paid "on the spot," or through futures contracts, where a price for a contract is set in advance, not to be chan…
A transaction wherein parties trade goods, or commodities, for other goods, in contrast with a sale or trading of goods for money. An exchange of property is a type of barter contract, applicable only to agreements relating to goods and services, not to agreements involving land. …
The exclusionary clause contains the exceptions to insurance coverage upon which the insurer and insured have agreed prior to the execution of the policy. …
The exclusionary rule has been in existence since the early 1900s. Before the rule was fashioned, any evidence was admissible in a criminal trial if the judge found the evidence to be relevant. The manner in which the evidence had been seized was not an issue. This began to change in 1914, when the U.S. Supreme Court devised a way to enforce the Fourth Amendment. In Weeks v. United States, 232 U.S…
Pertaining to the subject alone, not including, admitting, or pertaining to any others. Sole. Shutting out; debarring from interference or participation; vested in one person alone. Apart from all others, without the admission of others to participation. For example, if a court has been granted exclusive jurisdiction over cases relating to a particular subject matter, no other court is able to ent…
Grant to an agent of exclusive right to sell within a particular market or area. A contract to give an exclusive agency to deal with property is ordinarily interpreted as not precluding competition by the principal generally, but only as precluding him or her from appointing another agent to accomplish the result. The grant of an exclusive agency to sell, that is, the exclusive right to sell the p…
To clear or excuse from guilt. An individual who uses the excuse of justification to explain the lawful reason for his or her action might be exculpated from a criminal charge. Exculpatory evidence is evidence that works to clear an individual from fault. …
The explanation for the performance or nonperformance of a particular act; a reason alleged in court as a basis for exemption or relief from guilt. …
To complete; to make; to sign; to perform; to do; to carry out according to its terms; to fulfill the command or purpose of. To perform all necessary formalities, as to make and sign a contract, or sign and deliver a note. Execute is the opposite of executory, incomplete or yet to be performed. …
The process whereby an official, usually a sheriff, is directed by an appropriate judicial writ to seize and sell as much of a debtor's nonexempt property as is necessary to satisfy a court's monetary judgment. With respect to contracts, the performance of all acts necessary to render a contract complete as an instrument, which conveys the concept that nothing remains to be done to m…
The branch of the U.S. government that is composed of the president and all the individuals, agencies, and departments that report to the president, and that is responsible for administering and enforcing the laws that Congress passes. The U.S. government is composed of three branches: legislative, judicial, and executive. The legislative branch consists of the U.S. Congress, which is responsible …
A presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty. The president's power to issue executive orders comes from Congress and the U.S. Constitution. Executive orders differ from presidential proclamations, which are used largely for ceremonial and honorary purposes, such as declaring National Newspaper Carrier Appreciation …
The right of the president of the United States to withhold information from Congress or the courts. Finally, the third development in executive privilege resulted from Kaiser Aluminum & Chemical Corp. v. United States, 157 F. Supp. 939, 141 Ct. Cl. 38 (Cl. Ct. 1958). In this case, Kaiser President Richard Nixon cited executive privilege when he refused to release tapes of his conversat…
Those who are designated by the terms of a will or appointed by a court of probate to manage the assets and liabilities of the estate of the deceased. States require court supervision for the settlement of estates for a number of reasons. Courts ensure that the assets of an estate will be properly collected, preserved, and assessed; that all relevant debts of the deceased and taxes will be paid; a…
That which is yet to be fully executed or performed; that which remains to be carried into operation or effect; incomplete; depending upon a future performance or event. The opposite of executed. …
An official copy of a document from public records, made in a form to be used as evidence, and authenticated or certified as a true copy. Such a duplicate is also referred to as an exemplified copy or a certified copy. …
To put into action, practice, or force; to make use of something, such as a right or option. To exercise dominion over land is to openly indicate absolute possession and control. To exercise discretion is to choose between doing and not doing something, the decision being based on sound judgment. …
This .22-caliber revolver used by John Hinckley in his assassination attempt against President Ronald Reagan was submitted as evidence in Hinckley's 1982 trial. An exhibit is tangible evidence submitted to a court for inspection during the course of trial proceedings. AP/WIDE WORLD PHOTOS remedies before filing her suit in federal court, because such a requirement would be inconsiste…
As a verb, to show or display; to offer or present for inspection. To produce anything in public, so that it may be taken into possession. To present; to offer publicly or officially; to file of record. To administer; to cause to be taken, as medicines. To submit to a court or officer in the course of proceedings. As a noun, a paper or document produced and exhibited to a court during a trial or h…
The removal of a burden, charge, responsibility, duty, or blame imposed by law. The right of a party who is secondarily liable for a debt, such as a surety, to be reimbursed by the party with primary liability for payment of an obligation that should have been paid by the first party. …
A mere hope, based upon no direct provision, promise, or trust. An expectancy is the possibility of receiving a thing, rather than having a vested interest in it. The term has been applied to situations where an individual hopes and expects to receive something, generally property or money, but has no founded assurance of possession. A person named in a will as an heir has only an expectancy to in…
Testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field. Generally speaking, the law of evidence in both civil and criminal cases confines the testimony of witnesses to statements of concrete facts within their own observation, knowledge, and recollection. Testimony must normally …
Explosives are a necessity in a developing world. They allow building contractors to excavate land and clear pathways for road building. However, explosives are inherently dangerous, and, despite strict government regulation, even the authorized use of explosives may cause injuries or property damage. When injury or damage occurs, an aggrieved person may seek redress in civil court. Strict liabili…
The Export-Import Bank of the United States, commonly known as Eximbank, facilitates and helps to finance exports of U.S. goods and services. Eximbank has implemented a variety of programs to meet the needs of the U.S. exporting community, according to the size of the transaction. These programs take the form of direct lending, or the issuance of guarantees and insurance so that exporters and priv…
A law executed to explain the actual meaning and intent of a previously enacted statute. Courts have stated that Congress has the power to declare the proper construction of a statute by subsequent legislation. Courts are generally bound to apply subsequent legislative construction in lawsuits involving transactions that occurred after the enactment of the legislation. Provisions of expository sta…
Clear; definite; explicit; plain; direct; unmistakable; not dubious or ambiguous. Declared in terms; set forth in words. Directly and distinctly stated. Made known distinctly and explicitly, and not left to inference. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct. The word is usually contrasted with implied. Express authority is plainly or…
The taking of private property for public use or in the public interest. The taking of U.S. industry situated in a foreign country, by a foreign government. President Truman issued an executive order to expropriate 88 steel mills, including this one in Youngstown, Ohio. The Supreme Court held in Youngstown Sheet & Tube Co.v. Sawyer that the president did not have the power to take priva…
To destroy; blot out; obliterate; erase; efface designedly; strike out wholly. The act of physically destroying information—including criminal records—in files, computers, or other depositories. …
An increase in the length of time specified in a contract. A part constituting an addition or enlargement, as in an annex to a building or an extension to a house. Addition to existing facilities. An allowance of additional time for the payment of debts. An agreement between a debtor and his or her creditors, by which they allow the debtor further time for the payment of liabilities. A creditor&#x…
Facts surrounding the commission of a crime that work to mitigate or lessen it. Extenuating circumstances render a crime less evil or reprehensible. They do not lower the degree of an offense, although they might reduce the punishment imposed. Extenuating circumstances might include extraordinary circumstances, which are unusual factors surrounding an event, such as the very young age of a defenda…
The destruction or cancellation of a right, a power, a contract, or an estate. Extinguishment is sometimes confused with merger, though there is a clear distinction between them. Merger is only a mode of extinguishment, and applies to estates only under particular circumstances, but extinguishment is a term of general application to rights, as well as estates. Extinguishment connotes the end of a …
To compel or coerce, as in a confession or information, by any means serving to overcome the other's power of resistance, thus making the confession or admission involuntary. To gain by wrongful methods; to obtain in an unlawful manner, as in to compel payments by means of threats of injury to person, property, or reputation. To exact something wrongfully by threatening or putting in fear. …
The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, e…
[Latin, Beyond, except, without, out of, outside.] Additional. An extra in a contract would include anything outside of, beyond, or not called for by the contract, such as additional materials. …
The transfer of an accused from one state or country to another state or country that seeks to place the accused on trial. Extradition comes into play when a person charged with a crime under state statutes flees the state. An individual charged with a federal crime may be moved from one state to another without any extradition procedures. Article IV, Section 2, of the U.S. Constitution provides t…
That which is done, given, or effected outside the course of regular judicial proceedings. Not founded upon, or unconnected with, the action of a court of law, as in extrajudicial evidence or an extrajudicial oath. That which, though done in the course of regular judicial proceedings, is unnecessary to such proceedings, or interpolated, or beyond their scope, as in an extrajudicial opinion. …
Most states have eliminated extraordinary remedies. The relief formerly provided by them can be sought through an ordinary action. …
The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. Jurisdiction exercised by a nation in other countries by treaty, or by its own ministers or consuls in foreign lands. The general laws binding nations to extraterritorial agreements still rest on principle more than established order. The modern, global marketplace …
A description of the state of being ill beyond the hope of recovery, with death imminent. An individual who is so seriously ill as to be dying is said to be in extremis. …
Facts or information not embodied in a written agreement such as a will, trust, or contract. …
An individual who was present during an event and is called by a party in a lawsuit to testify as to what he or she observed. …
The external appearance or surface of anything; that which is readily observable by a spectator. The words contained in a document in their plain or obvious meaning without regard to external evidence or facts. The term is applied most frequently in business law to mean the apparent meaning of a contract, paper, bill, bond, record, or other such legal document. A document might appear to be valid …
A readily ascertainable amount of money determinable from the words of a written instrument alone without the aid of any other source. The face value of an instrument such as a financial document is only the amount shown on it, without the inclusion of interest or fees customarily added or reference to its actual market value. …
An exact replica of a document that is copied so as to preserve all its original marks and notations. …
Incident, act, event, or circumstance. A fact is something that has already been done or an action in process. It is an event that has definitely and actually taken place, and is distinguishable from a suspicion, innuendo, or supposition. A fact is a truth as opposed to fiction or mistake. …
A concise description of all the occurrences or circumstances of a particular case, without any discussion of their consequences under the law. The fact situation, sometimes referred to as a fact pattern, is a summary of what took place in a case for which relief is sought. The fact situation of one case is almost always distinguishable from that of another case. When one case with a particular fa…
An event, circumstance, influence, or element that plays a part in bringing about a result. …
People who are employed by others to sell or purchase goods, who are entrusted with possession of the goods, and who are compensated by either a commission or a fixed salary. A factor is a type of agent who sells goods owned by another, called a principal. The factor engages more frequently in the sale of merchandise than the purchase of goods. A factor is distinguished from a mere agent in that a…
[Latin, Fact, act, or deed.] A fact in evidence, which is generally the central or primary fact upon which a controversy will be decided. …
As applied to contracts, this term does not necessarily mean a want of consideration, but implies that a consideration, originally existing and good, has since become worthless or has ceased to exist or been extinguished, partially or entirely. It means that sufficient consideration was contemplated by the parties at the time the contract was entered into, but either on account of some innate defe…
Dying without having any children or without surviving children. Children are commonly referred to at law as issue of a marriage. Whether or not a person has The Tudor line of English monarchs ended in 1603 when Queen Elizabeth I died without issue. She was succeeded by her cousin, King James VI of Scotland, who became James I of England. LIBRARY OF CONGRESS any issue becomes important in d…
Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy. Failure to state a claim is frequently raised as a defense in civil litigation. In some jurisdictions, such as California, the defense is called a demurrer. The successful invocation of this defense will resu…
In order for a statement to fall into the category of a fair comment, it must not extend beyond matters of concern to the public. It must be a mere expression of the opinion of the commentator. …
FCRA represents the first federal regulation of the consumer reporting industry, covering all credit bureaus, investigative reporting companies, detective and collection agencies, lenders' exchanges, and computerized information reporting companies. The consumer is guaranteed several rights under the FCRA, including the right to a notice of reporting activities, the right of access to infor…
A judicial proceeding that is conducted in such a manner as to conform to fundamental concepts of justice and equality. …
The Fair Housing Act prohibits discriminatory conduct by a variety of legal entities. The act defines "person" to include one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, receivers, and fiduciaries. In addition, municipalities, local g…
Over the years, the Fair Labor Standards Act has been subject to amendment but continues to play an integral role in the U.S. workplace. …
The customary test of fair market value in real estate transactions is the price that a buyer is willing, but is not under any duty, to pay for a particular property to an owner who is willing, but not obligated, to sell. Various factors can have an effect on the fair market value of real estate, including the uses to which the property has been adapted and the demand for similar property. Fair ma…
State statutes enacted in the first half of the twentieth century permitting manufacturers to set minimum, maximum, or actual selling prices for their products, and thus to prevent retailers from selling products at very low prices. Manufacturers have an interest in establishing and maintaining good will toward their products. This means assuring consumers that the manufacturers' goods are …
The doctrine that imposes affirmative responsibilities on a broadcaster to provide coverage of issues of public importance that is adequate and fairly reflects differing viewpoints. In fulfilling its fairness doctrine obligations, a broadcaster must provide free time for the presentation of opposing views if a paid sponsor is unavailable and must initiate programming on public issues if no one els…
An inaccurate or erroneous description of an individual or item in a written instrument. With respect to testamentary gifts, where the description of an individual or item in a will is partly true and partly false, in the event that the true portion describes the subject or object of the gift with adequate certainty, the untrue part may be rejected under the doctrine of false demonstration, and th…
The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement. To recover damages for false imprisonment, an individual must be confined to a substantial degree, with her or his freedom of movement totally restrained. Interfering with or obstructing an individual&#x…
The crime of falsely assuming the identity of another to gain a benefit or avoid an expense. A false impersonator need not alter her or his voice, wear a disguise, or otherwise change her or his characteristics or appearance in order to be found guilty. False personation simply involves passing oneself off as another person. For example, an individual who misrepresents herself to be someone else i…
False representations of material past or present facts, known by the wrongdoer to be false, and made with the intent to defraud a victim into passing title in property to the wrongdoer. Suppose Reba tells Alberto that a synthetic gemstone is a valuable diamond that she will give to Alberto in exchange for Alberto's truck. Alberto thinks this sounds like a good deal and transfers title of h…
The family car doctrine, also known as the family purpose doctrine, is based on the premise that a car is provided by the head of the household for the family's use and, therefore, the operator of the car acts as an agent of the owner. For example, if a husband is the owner of a car and his wife uses the car for one of the purposes for which it was purchased, such as grocery shopping, then …
Statutes, court decisions, and provisions of the federal and state constitutions that relate to family relationships, rights, duties, and finances. …
Federal, state, and local laws that authorize employees to take paid or unpaid leave for a defined period of time for major health-related medical issues affecting their immediate family. Beginning in the 1990s, federal and state family medical leave laws were passed, allowing employees to take unpaid leaves of absence from work for major, family-related medical issues without first obtaining perm…
The modern FCA derives its authority from the Farm Credit Act of 1971 (12 U.S.C.A. § 2241 et seq.), which superseded all prior authorizing legislation. The FCA examines the lending institutions that constitute the Farm Credit System to certify that they are sound. It also ensures compliance with the regulations under which the Farm Credit institutions operate. To that end, it is authorized …
Deadly or mortal; destructive; devastating. A fatal error in legal procedure is one that is of such a substantial nature as to harm unjustly the person who complains about it. It is synonymous with reversible error, which, in appellate practice, warrants the reversal of the judgment before the appellate court for review. A fatal error can warrant a new trial. A fatal injury is one that results in …
Fault has been held to embrace a refusal to perform an action that one is legally obligated to do, such as the failure to make a payment when due. …
The performance of an act.…
Relating to the general government or union of the states; based upon, or created pursuant to, the laws of the Constitution of the United States. The United States has traditionally been named a federal government in most political and judicial writings. The term federal has not been prescribed by any definite authority but is used to express a broad opinion concerning the nature of the form of go…
A legal reference source containing federal courts of appeals decisions that have not been selected by the court for publication. The first volume of the Federal Appendix was published September 1, 2001. Coverage began with decisions handed down after January 1,2001. The Federal Appendix is an appendix to the Federal Reporter, Third Series (F.3d). However, unpublished opinions from the Fifth and E…
Half a century after Wilbur and Orville Wright flew an airplane for 12 seconds in Kitty Hawk, North Carolina, on December 17, 1903—becoming the first U.S. residents to successfully fly a powered aircraft—Congress established the Federal Aviation Agency, later renamed the Federal Aviation Administration (FAA), with the Federal Aviation Act of 1958 (49 U.S.C.A. § 106). Under the…
An annual effort to balance federal spending in such areas as forestry, education, space technology, and the national defense, with revenue, which the United States collects largely through federal taxes. The 1974 act greatly reduced the president's role in the budget process—in particular, the president's responsibility of determining and recommending budget aggregates to Con…
J. Edgar Hoover points to a crime map of the United States. He served as FBI director for 48 years, during which the bureau grew in size and expertise, though he was criticized for abuse of power and harrassment of suspects. AP/WIDE WORLD PHOTOS The modern FBI divides its investigations among seven major areas: applicant matters (background checks on applicants and candidates for federal p…
The Constitution created the Supreme Court and empowered Congress, in Article I, Section 8, to establish inferior federal courts. The authority of federal courts is limited to that given to them by the federal statutes that created them. Federal courts exist independently of the system of courts in each state that adjudicate controversies that arise pursuant to the laws of that state. …
The FDIC is an independent agency of the federal government. Its management was established by the Banking Act of 1933. It consists of a board of directors numbering three members, one the comptroller of the currency, and two appointed by the president with approval of the Senate. The two appointed members serve six-year terms, and one is elected by the members to serve as chair of the board. The …
The FEC is composed of six commissioners who are appointed by the president with the advice and consent of the Senate. The act also provides for three statutory officers—the staff director, the general counsel, and the inspector general—who are appointed by the commission. The FEC's main responsibility is to enforce federal campaign financing laws. Thus, its scope is limi…
In the weeks following the attacks, FEMA employees worked relentlessly in a massive rescue and recovery effort at the World Trade Center site. More than 1,500 employees of FEMA and more than 6,500 other federal employees took part in the effort. Tens of thousands of tons of debris were removed from the site in New York and taken to a landfill on Staten Island. Several hundred bodies were discovere…
Because of increasing caseloads and the growing complexity of the law, court administration has become an important part of the judicial branch. Congress gave the FJC a broad mandate to improve the performance of the courts and judges through research, planning, and education. The FJC conducts research on the operation of federal courts and coordinates similar research with other public and privat…
The Federal Maritime Commission (FMC) regulates the waterborne foreign and domestic offshore commerce of the United States; ensures that U.S. international trade is open to all nations on fair and equitable terms; and protects against unauthorized activity in the waterborne commerce of the United States. The FMC reviews agreements made by groups of common carriers (those who operate ships for comm…
The Labor-Management Relations Act requires that parties to a labor contract must file a notice with the FMCS if agreement is not reached within 30 days before a contract termination or reopening date. The FMCS is required by the act to avoid mediation of disputes that would have only a minor effect on interstate commerce. However, in seeking to promote labor peace through the encouragement and de…
Fannie Mae has sought to provide consumers with comprehensive information about securing home mortgages. It provides lists of lenders, mortgage calculators, glossaries of terms and worksheets through its web site. In addition, Fannie Mae has developed programs to promote home ownership by people who traditionally have been cut off from financing. It has made a $2 trillion pledge to increase home-o…
An issue directly involving the U.S. Constitution, federal statutes, or treaties between the United States and a foreign country. …
A daily publication that makes available to the public the rules, regulations, and other legal notices issued by federal administrative agencies. The Federal Register includes (1) presidential proclamations and executive orders; (2) other documents that the president from time to time determines to have general applicability and legal effect; (3) documents that are required by an act of Congress t…
A legal reference source primarily covering published decisions of federal appellate courts. A case may be found in the Fe