术语
|
定义
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electronic monitoring |
Type of sentencing or arrest wherein an individual is required to wear an electronic device which transmits the individual's whereabouts to a receiver that is monitored for violations1. Usually used in connection with house arrest. |
elements of a crime |
Specific factors that define a crime, which the prosecution2 must prove beyond reasonable doubt in order to obtain conviction. Elements that must be proven are (1) that a crime actually occurred (actus reus), (2) that the accused intended the crime to happen (mens rea), (3) a timely relationship between the first two factors. |
embezzlement3 |
Fraudulently taking property or money entrusted4 to one individual by another. |
eminent5 domain6 |
Power of the government to take private property for public use, after paying the owner reasonable compensation. See condemnation7. |
en banc |
All judges of a court sitting together. Appellate courts often hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc. |
encumbrance8 |
A claim against property. |
enjoin9 |
To require a person, via an injunction, to perform or to abstain10 from performing some specific act. |
entrapment11 |
Defense12 to criminal charges alleging13 that agents of the government induced a person to commit a crime he/she otherwise would not have committed. |
equal protection of the law |
Guarantee in the Fourteenth Amendment14 to the U.S. Constitution that all persons or classes of persons be treated equally by the law. |
equitable15 action |
Action which seeks just, fair, nonmonetary remedy, e.g., an injunction. |
equity16 |
Generally, justice or fairness; body of principles that determine what is just or fair. Historically, refers to a system of law developed in England in reaction to the legal inability of common law courts to consider or provide remedy for every injury. The king established a court of chancery to do justice between parties in cases where common law would give inadequate17 redress18. |
escheat (iss SHEET) |
Process by which the property of one who has died goes to the state if no heir can be found. |
escrow |
Money or documents, (e.g., a deed), which are held ("in escrow") by a neutral third party until all conditions of an agreement are met. |
estate |
All properties owned by an individual when he/she dies. |
estate tax |
Tax paid on an estate as it passes to the heirs. |
estoppel |
Principle that prevents someone from claiming or denying something in court that contradicts what has already been established as fact. |
et al. |
And others. |
evidence |
Information presented in court to prove or disprove alleged19 facts. See also specific types, including admissible, best, character, circumstantial, clear and convincing, corroborating20, direct, hearsay21 and expert evidence. |
ex delicto (ex dee LICK toh) |
Arising from a tort; breach22 of duty. |
ex parte (ex PART ee) |
On behalf of only one party, without notice to any other party. E.g., request for a search warrant is an ex parte proceeding23 since person subject to the search is not notified of proceeding. |
ex parte proceeding |
One in which only one side is represented. Differs from adversary24 system or proceeding. |
ex post facto (ex post FAC toh) |
After the fact. E.g., ex post facto laws permit conviction and punishment for a lawful25 act performed before law was changed and act was made illegal. The U.S. Constitution prohibits these. |
exception |
Formal objection to a court's ruling by either side in a civil or criminal case in order to reserve right to appeal judge's ruling upon a motion. Also, in regulatory cases, objections by one side to points made by the other side or to rulings by an agency or one of its hearing officers. |
exclusionary26 rule |
Rule preventing illegally obtained evidence to be used in any trial. See suppress. |
exculpate27 |
To free from blame or accusation28, particularly in matters of small importance. Compare exonerate29. |
execute (a judgment30 or decree) |
To put final judgment of court into effect. |
executor |
Personal representative, named in a will, who administers an estate. Compare administrator31. |
exempt32 property |
Certain property protected by law from creditors33. |
exhibit |
Document or other article introduced as evidence in court. |
exonerate |
Removal of a charge, duty or responsibility. Also, to clear completely from accusation or blame and any attendant suspicion of guilt34. Compare exculpate. |
expert evidence |
Testimony35 relating to scientific, technical or professional matters given by persons particularly qualified36 by reason of special training, skill or familiarity with subject. |
expungement37 |
Official and formal removal of conviction from a criminal record. |
extenuating38 circumstances |
See mitigating39 circumstances. |
extortion |
Illegally obtaining money or property by force, threat, intimidation40, or undue41 or illegal power. |
extradition |
Process by which one state or nation surrenders to another state or nation a person accused or convicted of a crime in the requesting state/nation |