, which pays
a rental fee comprising interest, amortization for serial
retirement, and the trustee's fee. See EQt:IPMENT TRUST
CERTIFICATE; equipment trust bond under BOND (3).
equipment trust bond. See BOND (3).
equipment trust certificate. A security, usu. issued by a
railroad, to pay tor new equipment . Title to the equip
ment is held by a trustee until the note has been paid
off. Also termed car trust certificate; trust certificate.
See EQUIPMENT TRUST.
equitable (ek-wi-tiJ-biJl), adj. (I6c) 1. Just; consistent with
principles of justice and right. 2. Existing in equity;
available or sustainable by an action in equity, or under
the rules and principles ofequity.
equitable abstention. See ABSTENTION.
equitable action. See action in equity under ACTION (4).
equitable-adjustment theory. (1979) The doctrine that
in settling a federal contract dispute, the contracting
officer should make a fair adjustment within a reason
able time before the contractor has to settle with its
subcontractors, suppliers, and other creditors. [Cases;
United States (~:::;>70(20).J
equitable adoption. See adoption by estoppel under
ADOPTION (1).
equitable asset. See ASSET.
equitable assignment. See ASSIGNMENT (2).
equitable-benefit doctrine. Bankruptcy. The principle
that allows a bankruptcy court to grant preferred status
to claims for service rendered by persons other than
bankruptcy officers, to the extent that the service ben
efited the estate, when the person filing the claim acted
primarily for the benefit ofthe estate as a whole. [Cases;
Bankruptcy C=;:,2871.]
equitable construction. See liberal construction under
CONSTRUCTION.
equitable conversion. See CONVERSION (1).
equitable defense. See DEFENSE (1).
equitable disseisin. See DISSEISIN.
equitable distribution. (1893) Family law. The division
of marital property by a court in a divorce proceed
ing, under statutory guidelines that provide for a fair,
but not necessarily equal, allocation of the property
between the spouses. With equitable distribution,
when a marriage ends in divorce, property acquired
during the marriage is divided equitably between the
spouses regardless of who holds title to the property .
The courts consider many factors in awarding property,
including a spouse's monetary contributions, nonmon
etaryassistance to a spouse's career or earning poten
tial, the efforts of each spouse during the marriage, and
the length of the marriage. The court may take into
account the relative earning capacity ofthe spouses

and the fault ofeither spouse. Equitable distribution is
applied in 47 states (i.e., all the states except California,
Louisiana, and New Mexico, which are "equal division"
community-property states). -Also termed equitable
division; assignment ofproperty. Cf. TITLE DIVISION;
COMMUNITY PROPERTY. [Cases: Divorce C=>248.]
equitable division. See EQUITABLE DISTRIBUTION.
equitable doctrine of approximation. See DOCTRINE
OF APPROXIMATION.
equitable dower. See equitable jointure under JOINTURE.
equitable duty. See DUTY (1).
equitable easement. See EASEMENT.
equitable ejectment. See EJECTMENT.
equitable election. See ELECTION (2).
equitable estate. See ESTATE (1).
equitable estoppel. See ESTOPPEL.
equitable foreclosure. See FORECLOSURE.
equitable fraud. See constructive fraud (1) under
FRAUD.
equitable-fund doctrine. See COMMON-FUND DOCT
RINE.
equitable indemnity. See INDEMNITY.
equitable interest. See INTEREST (2).
equitable jettison. See JETTISON.
equitable jointure. See JOINTURE.
equitable levy. See equitable lien under LIEN.
equitable lien. See LIEN.
equitable life estate. See ESTATE (1).
equitable life tenant. See LIFE TENANT.
equitable mortgage. See MORTGAGE.
equitable owner. See benefiCial owner (1) under
OWNER.
equitable ownersbip. See beneficial ownership (1) under
OWNERSHIP.
equitable parent. See PARENT.
equitable-parent doctrine. Family law. The principle
that a spouse who is not the biological parent of a
child born or conceived during the marriage may, in a
divorce action, be considered the child's natural father
or mother if (1) the other spouse and the child both
acknowledge a parent-child relationship, esp. when
that other spouse has cooperated in the development
of this relationship before the divorce action, (2) the
nonbiologically related spouse wants parental rights,
and (3) he or she is willing to take on the responsibility
of paying support,  The doctrine sometimes applies
to nonspousal partners as well. Very few jurisdictions
apply the doctrine. See Carolee Kvoriak Lezuch, Michi
gan's Doctrine ofEquitable Parenthood, 45 Wayne L.
Rev. 1529 (1999). Also termed eqUitable-parenthood
doctrine. [Cases: Child Custody C=>274; Child Support
Children Out-of-Wedlock 1; Parent and
Child C=> 15.] equitable recoupment. (1878) 1. Tax. A doctrine
allowing a taxpayer to offset previously overpaid taxes
against current taxes due, even though the taxpayer is
time-barred from claiming a refund on the previous
taxes. [Cases: Internal Revenue C=>4829.1O.] 2. Tax. A
doctrine allowing the government to offset taxes previ
ously uncollected from a taxpayer against the taxpayer's
current claim for a refund, even though the government
is time-barred from collecting the previous taxes . In
both senses, this type of recoupment can be asserted
only if the statute oflimitations has created an ineq
uitable result. See RECOUPMENT (2). [Cases: Internal
Revenue C=>4845.] 3. A principle that diminishes a
party's right to recover a debt to the extent that the
party holds money or property of the debtor to which
the party has no right.  This doctrine is ordinarily a
defensive remedy going only to mitigation of damages.
The doctrine is sometimes applied so that a claim for
a tax refund that is barred by limitations may none
theless be recouped against a tax claim of the govern
ment. -Also termed equitable-recoupment doctrine.
See SETOFF; RECOUPMENT (3). [Cases: Set-off and Coun
terclaim
eqnitable relief. See equitable remedy under REMEDY.
equitable remedy. See REMEDY.
equitable remuneration. See compulsory license (1)
under LICENSE.
equitable rescission. See RESCISSION.
equitable-restraint doctrine. See Younger abstention (1)
under ABSTENTION.
equitable reversion. See REVERSION (1).
equitable right. See RIGHT.
equitable right to setoff'. (1895) The right to cancel cr05S
demands, usu. used by a bank to take from a customer's
deposit accounts the amount equal to the customer's
debts that have matured and that are owed to that bank.
See SETOFF. [Cases: Banks and Banking C=>134; Set-off
and Counterclaim C=>8. 1
equitable seisin. See SEISIN.
equitable servitude. See restrictive covenant under
COVENANT (4).
equitable subrogation. See legal subrogation under SUB
ROGATION.
equitable title. See TITLE (2).
equitable tolling. (1967) 1. The doctrine that the statute
oflimitations will not bar a claim ifthe plaintiff, despite
diligent efforts, did not discover the injury until after
the limitations period had expired, -Equitable tolling
does not require misconduct by the defendant. [Cases:
Limitation of Actions C=> 1045.] 2. The doctrine that
ifa plaintiff files a suit first in one court and then refiles
in another, the statute of limitations does not run while
the litigation is pending in the first court if various
requirements are met.  Among those requirements
are (1) timely notice to the defendant; (2) no prejudice
to the defendant; and (3) reasonable and good-faith
conduct on the part ofthe plaintiff.

equitable waste. See WASTE (1).
equity, n. (l4c) 1. Fairness; impartiality; evenhanded
dealing <the company's policies require managers to
use equity in dealing with subordinate employees>.
2. The body ofprinciples constituting what is fair and
right; natural law <the concept of "inalienable rights"
reHects the influence of equity on the Declaration of
Independence>.
"In its popular sense it [equity] is practically equivalent to
natural justice. But it would be a mistake to suppose that
equity, as administered by the Courts, embraces ajurisdic
tion as wide and extensive as that which would result from
carrying into operation all the principles of natural justice.
There are many matters of natural justice wholly unpro
vided for, from the difficulty of framing any general rules
to meet them, and from the doubtful wisdom of a policy
of attempting to give a legal sanction to duties of imper
fect obligation, such as charity, gratitude and kindness.
A large proportion of natural justice in its Widest sense is
thus not judicially enforced, but is left to the conscience of
each individual." R.E. Megarry, Snell's Principles of Equity
I (23d ed. 1947).
3. The recourse to principles of justice to correct or
supplement the law as applied to particular circum
stances <the judge decided the case by equity because
the statute did not fully address the issue>. Also
termed natural equity. [Cases: Equity 1.] 4. The
system of law or body of principles originating in
the English Court of Chancery and superseding the
common and statute law (together called "law" in the
narrower sense) when the two conflict <in appealing to
the equity of the court, she was appealing to the "king's
conscience">; CHANCERY (2).
"Equity is that system ofjustice which was developed in and
administered by the High Court of Chancery in England in
the exercise of its extraordinary Jurisdiction. This definition
is rather suggestive than precise; and invites inquiry rather
than answers it. This must necessarily be so. Equity, in its
technical and scientific legal sense, means neither natural
justice nor even all that portion of natural justice which
is susceptible of being judicially enforced. It has, when
employed in the language of English law. a precise, definite
and limited signification, and is used to denote a system of
justice which was administered in a particular court the
nature and extent of which system cannot be defined in a
single sentence, but can be understood and explained only
by studying the history of that court, and the principles
upon which it acts. In order to begin to understand what
equity is, it is necessary to understand what the English
High Court of Chancery was, and how it came to exercise
what is known as its extraordinary jUrisdiction. Every true
definition of equity must, therefore, be, to a greater or
lesser extent, a history." George T. Bispham, The Principles
ofEquity 1-2 Uoseph D. McCoy ed., 11th ed. 1931).
"In its technical sense, equity may ... be defined as a
portion of natural justice which, although of a nature more
suitable forjudicial enforcement, was for historical reasons
not enforced by the Common Law Courts, an omission
which was supplied by the Court of Chancery. In short, the
whole distinction between equity and law is not 50 much
a matter of substance or principle as of form and history."
R.E. Megarry, Snell's Principles ofEquity 2 (23d ed. 1947).
"The term 'equity' is an illustration of Mr. Towkington's
proposition that some words have a legal meaning very
unlike their ordinary one. In ordinary language 'equity'
means natural justice; but the beginner must get that
idea out of his head when dealing with the system that
the lawyers call equity. Originally, indeed, this system was inspired by ideas of natural justice, and that is why it
acquired its name; but nowadays equity is no more (and
no less) natural justice than the common law, and it is in
fact nothing else than a particular branch of the law of
England. Equity, therefore, is law. The student should not
allow himself to be confused by the lawyer's habit of con
trasting 'law' and 'equity,' for in this context 'law' is simply
an abbreviation for the common law. Equity is law in the
sense that it is part of the law of England: it is not law only
in the sense that it is not part of the common law." Glanville
Williams, Learning the Law 25-26 (llth ed. 1982).
5. A right, interest, or remedy recognizable by a court of
equity <there was no formal contract formation, so they
sued for breach in equity>. [Cases: Equity (;:::::> 1.1
contravening equity (kon-tr<l-veen-ing). (1888) A right
or interest that is inconsistent with or contrary to a
right sought to be enforced.
countervailing equity (kown-t<lr-vayl-ing). (1824) A
contrary and balancing equity, equally deserving of
consideration.
latent equity (lay-t<lnt). (I8c) An equitable claim or
right known only by the parties for and against whom
it exists, or that has been concealed from one who is
interested in the subject matter. -Also termed secret
equity.
perfect equity. (1821) An equitable title or right that, to
be a legal title, lacks only the formal conveyance or
other investiture that would make it cognizable at law;
esp., the equity ofa real-estate purchaser who has paid
the full amount due but has not yet received a deed.
secret equity. See latent equity.
6. The right to decide matters in equity; equity juris
diction <the court decided that the wrong was egre
gious enough to ignore the statute of


to decide matters in equity; equity juris
diction <the court decided that the wrong was egre
gious enough to ignore the statute of limitations and
decide the case in equity>. [Cases: EquityC=>1.17. The
amount by which the value of or an interest in property
exceeds secured claims or liens; the difference between
the value ofthe property and all encumbrances upon it
<thanks to the real-estate boom, the mortgaged house
still had high equity>. Also termed cushion.
negative equity. The difference between the value ofan
asset and the outstanding amount of the loan secured
by the asset when the asset's current value is less than
the loan's balance.
8. An ownership interest in property, esp. in a business
<the founders gave her equity in the business in return
for all her help>. See OWNERS' EQUITY; BOOK EQUITY;
MARKET EQUITY. 9. A share in a publicly traded
company <he did not want to cash in his equity>.
equity, bill in. See BILL (2).
equity, court of. See COURT.
equity accounting method. See ACCOUNTING
METHOD.
equity capital. See CAPITAL.
equity contra legem (kon-tra lee-jam). lnt'l law. The use
ofequity in derogation ofthe law, where, under the cir
cumstances of the case, an exception to the law is needed
to achieve an equitable and just result. Sometimes

620 equity financing
shortened to contra legem. See EX AEQUO ET BONO. Cf. I right to foreclose on any security held by the creditor
EQUITY I~TRA LEGEM.
equity financing. See FINANCING.
equity insolvency. See INSOLVENCY.
equity intra legem (in-trCllee-jClm). A court's power to
interpret and apply the law to achieve the most equi
table result. -Sometimes shortened to intra legem.
Also written equity infra legem. Cf. EQUITY CONTRA
LEGEM.
equity jurisdiction. See JURISDICTION.
equity jurisprudence. See JURISPRUDENCE.
equity kicker. See EQUITY PARTICIPATION.
equity loan. See home equity loan under LOAN.
equity ofexoneration (eg-zon-a-ray-shan). The right of
a person who is secondarily liable on a debt to make
the primarily liable party discharge the debt or reim
burse any payment that the secondarily liable person
has made . One example is the right ofa surety to call
on the principal for reimbursement after the surety has
paid the debt. Unlike contribution, which exists when
the parties are equally liable, the equity of exonera
tion exists when parties are successively liable. Also
termed right ofexoneration. See EXONERATION.
equity of partners. The right of each partner to have
the firm's property applied to the firm's debts. [Cases:
Partnership 9179.]
equity of redemption. Real estate. The right of a mort
gagor in default to recover property before a foreclosure
sale by paying the principal, interest, and other costs
that are due . A defaulting mortgagor with an equity
ofredemption has the right, until the foreclosure sale,
to reimburse the mortgagee and cure the default. In
many jurisdictions, the mortgagor also has a statutory
right to redeem within six months after the foreclosure
sale, and the mortgagor becomes entitled to any surplus
from the sale proceeds above the amount of the out
standing mortgage. -Also termed right ofredemption.
See CLOG ON THE EQUITY OF REDEMPTION; REDEMP
TION (4); STATUTORY RIGHT OF REDEMPTION. [Cases:
Mortgages (;==591, 600.]
"A mortgage is technically a conveyance of title to property
as security for a debt. The law courts, with typical tech
nicality, early adopted the rule that if the debt was not
paid on the very day it was due, the debtor lost his land.
The equity courts, however, with more liberality, and with
more of a recognition of the real purpose of the transac
tion, recognized the fact that the securing of the debt,
rather than the act of conveyance of title was the principal
thing giving character to the transaction. Accordingly they
alleviated the severity of the legal rule by, in effect. giving
the land back to the debtor if he would pay the debt, even
though it had not been paid on time. This equitable right
to redeem, even after default in paying the debt when it
was due, was called the 'equity of redemption. Charles
Herman Kinnane, A First Book on AngloAmerican Law 309
(2d ed. 1952).
equity ofsubrogation. (1850) The right ofa person who
is secondarily liable on a debt, and who pays the debt, to
personally enforce any right that the original creditor
could have pursued against the debtor, including the and any right that the creditor may have to contribution
from others who are liable for the debt. Also termed
right ofsubrogation; (in Scots law) right ofrelief See
SUBROGATION. [Cases: Subrogation 91.]
equity-of-the-statute rule. (1959) In statutory construc
tion, the principle that a statute should be interpreted
according to the legislators' purpose and intent, even
if this interpretation goes beyond the literal mean ing
of the text.  Under this little-used rule, for example,
if a statute defines jury-tampering to include a party's
"giving a juror food or drink," the giving ofcigars to a
juror would also fall within that definition. Cf. GOLDEN
RULE; MISCHIEF RULE; PLAIN-MEANING RULE. [Cases:
Statutes C-::;:; 189.]
equity participation. (1947) The inclusion ofa lender in
the equity ownership of a project as a condition of the
lender's granting a loan. -Also termed equity kicker.
equity pleading. See PLEADING (2).
equity praeter legem (pree-tar lee-jClm) The use of
equity to fill a gap in the law. Sometimes shortened
to praeter legem.
equity ratio. 1. The percentage relationship between a
purchaser's equity value (esp. the amount of a down
payment) and the property value. 2. The measure of a
shareholder's equity divided by total equity.
equity security. See SECURITY.
equity stock. See STOCK.
equity term. See TERM (5).
equity to a settlement. (1838) A wife's equitable right,
arising when her husband sues in equity for the reduc
tion of her equitable estate to his own possession, to
have all or part of that estate settled upon herself and
her children. Also termed wife's equity; wife's settle
ment. [Cases: Husband and Wife 912.]
equivalence ofadvantages. See RECIPROCITY (2).
equivalent, adj. (lSc) 1. Equal in value, force, amount,
effect, or significance. 2. Corresponding in effect or
function; nearly equal; virtually identical.
equivalent, n. Patents. An element that (1) existed before
another element; (2) can perform the same function as
the other element; and (3) is recognizable as a substi
tute for the other element.  For instance, mechani
cal devices are equivalents when one skilled in the art
would have recognized that each device would produce
the same result. If the equivalent is known at the time
an invention is conceived, the invention's patentability
may be questioned. See ANALOG. [Cases: Patents 9
237.]
"If a given substitute is an equivalent under certain Cir
cumstances or in certain settings, and is not an equiva
lent under certain other circumstances or in certain other
settings, then the substitution is patentable, provided the
claim contains express limitations to the circumstances
or settings in which the substitution is nonequivalent."
Roger Sherman Hoar, Patent Tactics and the Law 43 (3d
ed. 1950).
equivalents doctrine. See DOCTRINE OF EQUIVALENTS.

621
equivocal (i-kwiv-d-kal), adj. (17c) 1. Of doubtful char
acter; questionable. 2. Having more than one meaning
or sense; ambiguous.
equivocality test (i-kwiv-d-kal-d-tee). See RES IPSA
LOQUITUR TEST.
equivocation (i-kwiv-d-kay-shdn). See latent ambiguity
under AMBIGUITY.
equuleus (i-kwoo-lee-ds), n. [Latin] Roman law. A rack
in the shape ofa horse, used for torture.
ERA. abbr. EQUAL RIGHTS AMENDMENT.
erase, vb. (l4c) 1. To rub or scrape out (something
written); to obliterate. 2. To obliterate (recorded
material). 3. To seal (criminal records) from disclo
sure. [Cases: Criminal Law 1226(3); Records
32.] erasure, n.
Erastian (i-ras-chdn or i-ras-tee-dn). (l7c) Hist. A
follower ofThomas Erastus (1524-1583), who thought
that offenses against religion and morality should be
punished by the civil power and not by the censures of
the church. _ As a sect, Erastians had great int1uence in
England, particularly among 17th-century common
law lawyers.
erasure ofrecord. See EXPUNGEMENT OF RECORD.
erciscundus (er-sis-kan-dds), adj. [Latin] Civil law. To
be divided. - A suit judicium familiae erciscundae was
one to partition an inheritance.
erect, vb. (ISc) 1. To construct. 2. To establish. -In
England, erect is one of the formal words ofincorpo
ration in a royal charter, being part ofthe phrase, "We
do incorporate, erect, ordain, name, constitute, and
establish." See ERIGIMUS.
erectile dysfunction. See IMPOTENCE.
E reorganization. See REORGANIZATION (2).
ergo (ar-goh or air-goh), adv. [Latin] Therefore; thus.
ergolabus (dr-goh-Iay-bds), n. [Latin] Civil law. A person
who contracts to perform work by personally furnish
ing the materials and labor.
Erie-bound, adj. (Ofa federal court) required to apply
the Erie doctrine. [Cases: Federal Courts (;:::>372.]
Erie doctrine (eer-ee). (1943) The principle that a federal
court exercising diversity jurisdiction over a case that
does not involve a federal question must apply the sub
stantive law ofthe state where the court sits. Erie R.R. v.
Tompkins, 304 U.S. 64, 58 S.Ct. 817 (1938). Cf. REVERSE
ERIE DOCTRINE. [Cases: Federal Courts (;:::>373.]
Erie/Klaxon doctrine. See KLAXON DOCTRINE.
erigimus (i-rij-d-mds). [Latin] Hist. We erect. -This was
one ofthe words used in a corporation's royal charter.
See ERECT (2).
ERISA or J-ris-J). abbr. EMPLOYEE RETIREMENT
INCOME SECURITY ACT.
eristic (e-ris-tik), adj. Ofor relating to controversy or
disputation. Also termed eristical. error
ermine (ar-min), n. (I8c) The station ofa judge; judge
ship. -The term refers to the fur trimmings (made from
the coats ofwhite weasels called "ermine") adorning
official robes ofEnglish judges. ermined, adj.
erosion. (1841) The wearing away ofsomething by action
ofthe elements; esp., the gradual eating away ofsoil by
the operation ofcurrents or tides. Cf. ACCRETION (1);
DELlCTION; AVULSION (2); ALLUVION.
err (Jr), vb. (14c) To make an error; to be incorrect or
mistaken <the court erred in denying the motion for
summary judgment>.
errant (er-Jnt), adj. (14c) 1. Fallible; incorrect; straying
from what is proper <an errant judicial holding>. 2.
Traveling <a knight errant>.
errata sheet. (1932) An attachment to a deposition tran
script containing the deponent's corrections upon
reading the transcript and the reasons for those cor
rections. -Also termed errata page.
erratum (i-ray-tJm or i-rah-tdm), n. [Latin "error"] (16c)
An error that needs correction. PI. errata (i-ray-td or
i-rah-td). See CORRIGENDUM.
erroneous (i-roh-nee-ds), adj. (15c) Incorrect; inconsis
tent with the law or the facts.
erroneous assessment. See ASSESSMENT.
erroneous extradition. See extraordinary rendition
under RENDITION.
erroneous jndgment. See JUDGMENT.
erroneous rendition. See RENDITION.
erroneous tax. See TAX.
erronice (i-roh-nd-see), adv. [Law Latin) Erroneously;
through error or mistake.
error, n. (13c) 1. An assertion or belief that does not
conform to objective reality; a belief that what is false
is true or that what is true is false; MISTAKE.
error in corpore (kor-pa-ree). (lSe) A mistake involv
ing the identity ofa particular object, as when a party
buys a horse believing it to be the one that the party
had already examined and ridden, when in fact it is
a different horse.
error in negotio (ni-goh-shee-oh). (1944) A mistake
about the type of contract that the parties actually
wanted to enter.
errorin qualitate (kwah-ld-tay-te


about the type of contract that the parties actually
wanted to enter.
errorin qualitate (kwah-ld-tay-tee). A mistake affect
ing the quality ofthe contractual object.
error in quantitate (kwahn-td-tay-tee). A mistake
affecting the amount ofthe contractual object.
reissuable error. See REISSUABLE ERROR.
2. A mistake oflaw or offact in a tribunal's judgment,
opinion, or order. [Cases: Federal Civil Procedure
2653; Judgment (;:::>355, 356.J
assigned error. An alleged error that occurred in a
lower court and is pointed out in an appellate brief
as grounds for reversal <appellants' two assigned
errors appeared to the court to be harmless errors>.

622 error, assignment of
See ASSIGNMENT OF ERROR. [Cases: Appeal and Error
G':::>71S-754; Federal Courts C=>714.]
Caldwell error. The constitutionally impermissible
error ofresting a death sentence on a determination
made by a sentencer who has been led to believe that
the responsibility for determining the appropriate
ness ofthe defendant's death sentence lies elsewhere.
Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633
(I985) . The error most often occurs when the prose
cutor or the judge tells the jury that the death sentence,
ifinappropriate, may be overturned on appeal. [Cases:
Sentencing and Punishment C=>1780(2).]
dear error. (18c) A trial judge's decision or action that
appears to a reviewing court to have been unquestion
ably erroneous . Even though a clear error occurred,
it mav not warrant reversal. -Also termed clear and
unmistakable error. [Cases: Appeal and Error C=>
999(1), 1008.1(5); Criminal Law ~-::,1030(1); Federal
Courts ~~>850.1.1
clerical error. (18c) An error resulting from a minor
mistake or inadvertence, esp. in writing or copying
something on the record, and not from judicial rea
soning or determination . Among the boundless
examples ofclerical errors are omitting an appendix
from a document; typing an incorrect number; mis
transcribing a word; and failing to log a calL A court
can correct a clerical error at any time, even after
judgment has been entered. See Fed. R. Civ. P. 60(a);
Fed. R. Crim. P. 36. Also termed scrivener's error;
vitium clerici. See VITIUM SCRIPTORIS. [Cases: Federal
Civil Procedure <':=:;;2653; Judgment C=>306.]
cross-error. (1838) An error brought by the party
responding to a writ oferror.
cumulative error. The prejudicial effect oftwo or more
trial errors that may have been harmless individually.
 The cumulative effect of multiple harmless errors
may amount to reversible error. See CUMULATIVE
ERROR ANALYSIS. [Cases: Appeal and Error C=> 1026;
Criminal Law C=> 1186.1; Federal Courts C='891.]
error apparent ofrecord. See plain error.
error in vacuo. See harmless error.
fatal error. See reversible error.
fundamental error. See plain error.
harmful error. See reversible error.
harmless error. (185!) An error that does not affect a
party's substantive rights or the case's outcome. - A
harmless error is not grounds for reversaL See Fed. R.
Civ. P. 61; Fed. R. Crim. P. 52. Also termed techni
cal error; error in vacuo. Cf. substantial error. [Cases:
Administrative Law and Procedure C=>764; Appeal
and Error 1025-lO74; Criminal Law C=> 1162;
Federal Courts (;=;'891.]
invited error. (1893) An error that a party cannot
complain of on appeal because the party, through
conduct, encouraged or prompted the trial court to
make the erroneous ruling. [Cases: Administrative Law and Procedure Appeal and Error
882; Criminal Law C=>1137.]
manifest constitutional error. (1985) An error by the
trial court that has an identifiably negative impact on
the trial to such a degree that the constitutional rights
of a party are compromised . A manifest constitu
tional error can be reviewed by a court ofappeals even
ifthe appellant did not object at trial.
manifest error. (18c) An error that is plain and indis
putable, and that amounts to a complete disregard
ofthe controlling law or the credible evidence in the
record. [Cases: Appeal and ErrorC=>999(l), 1008.1(7);
Criminal Law C:)1030(1).]
obvious error. See OBVIOUS ERROR.
plain error. (1801) An error that is so obvious and preju
dicial that an appellate court should address it despite
the parties' failure to raise a proper objection at trial.
 A plain error is often said to be so obvious and
substantial that failure to correct it would infringe a
party's due-process rights and damage the integrity of
the judicial process. See Fed. R. Evid. 103(d). -Also
termed fundamental error; error apparent ofrecord.
[Cases: Appeal and Error (;:::::>181; Criminal Law <::=-)
1030; Federal Courts C=>611.]
reissuable error. See REISSUABLE ERROR.
reversible error. (1855) An error that affects a party's
substantive rights or the case's outcome, and thus is
grounds for reversal ifthe party properly objected at
trial. -Also termed harmful error; prejudicial error;
fatal error. [Cases: Administrative Law and Procedure
C=>764; Appeal and Error C=> 1025-1074; Criminal
Law C=> 1162; Federal Courts C=>891.]
scrivener's error. See clerical error.
substantial error. An error that affects a party's sub
stantive rights or the outcome of the case. A sub
stantial error may require reversal on appeal. Cf.
harmless error. [Cases: Appeal and Error C=> 181;
Federal Courts C:=891.]
technical error. See harmless error.
3. An appeal <a proceeding in error>.
error, assignment of. See ASSIGNMENT OF ERROR.
error, writ of. See WRIT OF ERROR.
error calculi (er-or kal-kyuu-h). [Latin] Roman & civil
law. An error in calculation.
"If it occurs in a judgment and is fully eVident, no appeal
is necessary. The judge himself may correct it. In public
administration, error calculi is without any legal effect. A
reexamination and correction (retractatio) is admissible
even after ten or twenty years." Adolf Berger, Encyclopedic
Dictionary ofRoman Law 456 (1953).
error de persona (dee pdr-soh-nd). [Latin "error ofthe
person"] A mistake about a person's identity. Cf. ERROR
NOMINIS.
errore acerrimo non affectato insimulatove (e-ror-ee
;:l-ser-i-moh non af-ek-tay-toh in-sim-yuu-I;Hoh-vee).
[Latin] Hist. Through error of the most pointed or
positive character, not merely pretended or feigned.

errore lapsus (e-ror-ee lap-s;:)s). [Latin] Hist. Mistaken
through error.  This type ofmistake was usu. not suf
ficient to invalidate a contract.
error in fact. See mistake offact (1) under MISTAKE.
error in law. See mistake oflaw (1) under MISTAKE.
error in vacuo (in vak-yoo-oh). [Latin "error in a void"]
See harmless error under ERROR.
error nominis (nahm-;:)-nis). [Latin "error of name"]
A mistake of detail in a person's name. Cf. ERROR DE
PERSONA.
error of fact. See mistake offact (1) under MISTAKE.
error-of-judgment rule. The doctrine that a professional
is not liable to a client for advice or an opinion given
in good faith and with an honest belief that the advice
was in the client's best interests, but that was based on a
mistake either in judgment or in analyzing an unsettled
area of the professional's business . For example, an
attorney who makes an error in trial tactics involving
an unsettled area of the law may, under certain cir
cumstances, defeat a malpractice claim arising from the
tactical error. -Also termed judgmental immunity.
error oflaw. See mistake oflaw (1) under MISTAKE.
errors, assignment of. See ASSIGNMENT OF ERRORS.
errors-and-omissions insurance. See INSURANCE.
ERS. abbr. ECONOMIC RESEARCH SERVICE.
ESA. abbr. 1. ECONOMICS AND STATISTICS ADMINISTRA
TION. 2. EMPLOYMENT STANDARDS ADMINISTRATION.
ESBT. abbr. See electing small-business trust under TRUST
(3).
escalation clause. See ESCALATOR CLAUSE.
escalator clause. (1930) 1. A contractual provision that
makes pricing flexible by increasing or decreasing the
contract price according to changing market condi
tions, such as higher or lower taxes or operating costs.
Cf. DE-ESCALATION CLAUSE. [Cases: Contracts C=c229,
231.] 2. A provision in a divorce decree or divorce agree
ment providing for the automatic increase of alimony
payments upon the occurrence of any of various trig
gering events, such as cost-of-living increases or an
increase in the obligor's salary . Escalation clauses for
child support are often unenforceable. [Cases: Child
Support C=c 161; Divorce C=c240(2), 243, 245.] 3. Oil
& gas. A provision in a long-term gas contract allowing
the base price of the gas to be adjusted as the market
changes. The actual adjustment may be up or down.
[Cases: Gas C=c 14.1(3).] -Also termed escalation
clause;fluctuating clause.
escambium. See CAMBIUM (2).
escape, n. (14c) 1. The act or an instance of breaking
free from confinement, restraint, or an obligation. 2.
An unlawful departure from legal custody without the
use of force. -Also termed actual escape. Cf. PRISON
BREACH. [Cases: Escape C=c 1.]
"In the technical sense an 'escape' is an unauthorized
departure from legal custody; in a loose sense the word is
used to indicate either such an unlawful departure or an avoidance of capture. And while the word is regularly used
by the layman in the broader sense it usually is limited to
the narrower meaning when used in the law, -although
this is not always so." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 559 (3d ed. 1982).
constructive escape. A prisoner's obtaining more
liberty than the law allows, while not fully regain
ing freedom.
3. At common law, a criminal offense committed by a
peace officer who allows a prisoner to depart unlaw
fully from legal custody. -Also termed voluntary
escape. [Cases: Escape C=c3.] -escape, vb.
negligent escape. The offense committed by a peace
officer who negligently allows a prisoner to depart
from legal custody.
"Escapes are either voluntary, or negligent. Voluntary are
such as are by the express consent of the keeper, after
which he never can retake his prisoner again, (though
the plaintiff may retake him at any time) but the sheriff
must answer for the debt. Negligent escapes are where
the prisoner escapes without his keeper's knowledge or
consent; and then upon fresh pursuit the defendant may
be retaken, and the sheriff shall be excused, if he has him
again before any action brought against himself for the
escape." 3 William Blackstone, Commentaries on the Laws
ofEngland415-16 (1768).
escape clause. (1945) A contractual provision that
allows a party to avoid performance under specified
conditions; specif., an insurance-policy provision
usu. contained in the "other insurance" section of the
policy -requiring the insurer to provide coverage only
if no other coverage is available. Cf. EXCESS CLAUSE;
PRO RATA CLAUSE.
escapee. (19c) A prisoner or other inmate who has
escaped from lawful custody. [Cases: Escape C=c 1.]
"The word 'escapee' is employed at times by those who
are not careful in the use of language. They probably think
this word is comparable to 'arrestee' or 'employee.' But the
arrestee did not do the arresting and the employee did not
do the employing. The employee does the work but that
makes him a worker, not a workee." Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 560 (3d ed. 1982).
escape period. Labor law. A time agreed upon in some
union contracts during which workers may withdraw
from the union near the end ofone term covered by the
contract and before the start of the next.
escape warrant. See WARRANT (1).
escapium (e-skay-pee-;:)m), n. [Law Latin] That which
comes by chance or accident.  In medieval Latin, the
term often referred to the escape of a prisoner or the
straying ofcattle.
escheat (es-cheet), n. (14c) 1. Hist. The reversion ofland
ownership back to the lord when the immediate tenant
dies without heirs. See WRIT OF ESCHEAT. 2. Reversion
of property (esp. real property) to the state upon the
death ofan owner who has neither a will nor any legal
heirs. [Cases: Escheat C=c 1-8.] 3.


owner who has neither a will nor any legal
heirs. [Cases: Escheat C=c 1-8.] 3. Property that has
so reverted. See heirless estate under ESTATE (3).
escheat, vb. -escheatable, adj.
"All escheats, under the English law, are declared to be
strictly feudal, and to import the extinction of tenure....
The rule [was] that if lands were held in trust and the cestui

que trust without heirs, the lands did not escheat to the
crown, but the trustee, being in esse and in the legal seisin
of the land, took the land discharged of the trust, and
bound as owner for the feudal services. But as the feudal
tenures do not exist in this country, there are no private
persons who succeed to the inheritance by escheat; and
the state steps in the place of the feudal lord, by virtue of
its sovereignty, as the original and ultimate proprietor of
all the lands within its jurisdiction." 4 James Kent, Com
mentaries on American Law *423-24 (George Comstock
ed., 11th ed. 1866).
escheat grant. See GRANT.
escheator (es-cheet-ar). Hist. A royal officer appointed to
assess the value of property escheating to the Crown.
 Corrupt officers led many to associate the escheator
with fraudulent conduct, giving rise to the word cheat
as used in the modern sense. -Also termed cheater.
escheat patent. See escheat grant under GRANT.
escheccum (es-chek-am), n. [Latin] Hist. A jury or inqui
sition.
Escobedo rule (es-b-bee-doh). Criminal procedure. lhe
principle that a statement by an unindicted, targeted
suspect in police custody is inadmissible at trial unless
the police warn the suspect ofthe right to remain silent
and provide an opportunity for the suspect to consult
with retained or appointed counseL  This rule was
a precursor to the Miranda rule. Escobedo v. Illinois,
378 U.S. 478, 84 S.Ct. 1758 (1964). See MIRANDA RULE.
[Cases: Criminal Law (;:::::>412.2(3),517.2(3),518.]
escot (e-skot), n. (17c) Hist. English law. A tax paid in
boroughs and corporations to support the commu
nity.
escribano (es-kree-bah-noh), n. [Spanish] Spanish law.
A notary; speci., an officer who has authority to set
down in writing, and attest to, transactions and con
tracts between private persons, as well as judicial acts
and proceedings.
escritura (es-kree-toor-ah), n. [Spanish] Spanish law. A
written instrument, such as a contract; esp., a deed that
either is prepared by an escribano or notary of a corpo
ration or council (concejo) or is sealed with a monarchi
calor governmental seaL
escritura publica (es-kree-toor-ah p3b-li-ka). See PUBLIC
WRITING (2).
escroquerie (es-kroh-ka-ree), n. [French] Fraud; swin
dling; cheating.
escrow (es-kroh), n. (16c) 1. A legal document or property
delivered by a promisor to a third party to be held by
the third party for a given amount of time or until
the occurrence of a condition, at which time the third
party is to hand over the document or property to the
promisee <the agent received the escrow two weeks
before the closing date>. [Cases: Deposits and Escrows
11-26.J 2. An account held in trust or as security
<the earnest money is in escrow>. -Also termed
escrow account; impound account; reserve account. See
escrow account under ACCOU;:\IT. [Cases: Deposits and
Escrows C=: 1LJ 3. The holder of such a document,
property, or deposit <the attorney performed the function of escrow>. Also termed escrow agent.
[Cases: Deposits and Escrows C=:13.] 4. The general
arrangement under which a legal document or property
is delivered to a third person until the occurrence of a
condition <creating an escrow>. escrow, vb.
'Like 'scroll' and 'scrawl: the word 'escrow' is derived from
the NormanFrench word for a writing or a written instru
ment. It has come in practice to refer to a security device:
one or both parties to a transaction deposit property or
an instrument with a third party until some condition has
occurred. The property or instrument may be referred to as
'the escrow'; the delivery is said to be 'in escrow.'" Restate
ment (Second) of Contracts  103 em!. a (1979).
escrow account. See ACCOUNT .
escrow agent. See AGENT (2).
escrow agreement. (1882) Ibe instructions given to the
third-party depositary of an escrow. [Cases: Deposits
and Escrows (;:..-, 15.]
escrow contract. See CONTRACT.
escrow deposit. See escrow account under ACCOUNT.
escrowee. See escrow agent under AGENT (2).
escrow holder. See escrow agent under AGENT (2).
escrowl (es-krohl), n. Hist. 1. An escrow. 2. A scroll.
escrow officer. See escrow agent under AGENT (2).
escuage (es-kyoo-ij). [French, fro Latin escuagium] See
SCUTAGE.
E-Sign Act. The short name for the Electronic Signa
tures in Global and National Commerce Act, a 2000
federal statute that establishes the legal equivalency of
electronic contracts, electronic signatures, and other
electronic records with their paper counterparts .
The E-Sign Act applies to all types of transactions,
whether in interstate or foreign commerce, unless a
specific exception applies. Among the few exceptions
are documents related to family law and probate law,
most documents required by the Uniform Commer
cial Code, court documents, and a list of notices that
directly impact the lives of consumers (e.g., a notice of
termination of utility services or a notice of eviction).
[Cases: Signatures C=:1.]
esketores (es-ka-tor-eez), n. pl. Hist. Robbers; destroyers
of others' lands or fortunes.
eskipper (a-skip-<Jr), vb. To ship. Also termed eskip
pare (es-b-pair-ee).
eskippeson (a-skip-[<J]-san), n. Shippage; passage by
sea. -Also termed skippeson.
eslisor (es-h-zar). See ELISOR.
esne (ez-nee), n. Hist. A hireling of servile condition; a
hired laborer or a slave.
esnecy (es-ni-see), n. Hist. Seniority: the condition, right,
or privilege ofthe eldest-born . The term esp. applied
to the privilege of the eldest among coparceners to
make a first choice of shares upon a voluntary parti
tion. -Also termed aesnecia.
ESOP (ee-sop). abbr. See employee-stock-ownership plan
under EMPLOYEE BENEFIT PLAN.

625
espera (es-pd-fd), n. A period fixed by law or by a court
within which certain acts are to be performed (such as
payment ofa debt).
espionage (es-pee-d-nahzh). (l8c) The practice of using
spies to collect information about what another govern
ment or company is doing or plans to do.
industrial espionage. (1962) Intellectual property. One
company's spying on another to steal trade secrets or
other proprietary information.
Espionage Act. A federal law that criminalizes and
punishes espionage, spying, and related crimes. 18
USCA  793 et seq . Two Espionage Acts were passed.
The 1917 act criminalized false statements intended
to interfere with the war effort; to willfully cause or
attempt to cause dissension in the armed forces; or
to willfully obstruct national recruiting and enlist
ment activities. This act remains enforceable "when
the United States is at war." The 1918 act criminalized
speech intended to obstruct war-bond sales; to generate
scorn or contempt for democratic government, the flag,
or the uniform of the Army or Navy; to urge reduced
production of war materials with the intent to hinder
the war effort; or to express support for a national
enemy or opposition to the United States' cause. The
act's constitutionality was upheld by the U.S. Supreme
Court before it was repealed in 1921. [Cases: War and
National Emergency C=>48.]
esplees (es-pleez), n. pl. (17c) Archaic. 1. Products yielded
from land. 2. Rents or other payments derived from
land. 3. Land itself. -Also termed explees.
espousals (d-spow-zdlz), n. (14c) Mutual promises
between a man and a woman to marry one another.
[Cases: Breach of Marriage Promise C=>4, S.]
"Espousals were of two kinds: sponsalia per verba de
futuro, which take place if man and woman promise each
other that they will hereafter become husband and wife;
sponsalia per verba de praesenti, which take place if they
declare that they take each other as husband and wife now,
at this very moment." 2 Frederick Pollock & Frederic William
Maitland, History ofEnglish Law Before the Time ofEdward
1368 (2d ed. 1899).
espouse, vb. (lSc) 1. To marry. 2. To dedicate oneself to
and advocate for (a cause).
esquire (es-kwIr or e-skwIr). (ISc) 1. Hist. A candidate
for knighthood who assisted knights in martial endeav
ors. 2. Hist. A member of the gentry whose rank was
inferior to that ofa knight. 3. Archaic. A landed gentle
man; a member ofthe landed gentry. 4. (usu. cap. as an
honorific) A title ofcourtesy commonly appended after
the name ofa lawyer. -Abbr. Esq.
"Heralds and experts on honour for a long time regarded
serjeants either as inferior to esquires or at most as being
equals by reason of office. James Whitelocke, a barrister
with historical interests and a future serjeant, said in
1601 that becoming a serjeant carried with it the status of
esquire, so that the proper description was 'A.B. esquire,
serjeant at law.' Chief Justice Dyer, however, argued in 1580
that the name of esquire was 'drowned' on creation as a
serjeant, the latter being a higher degree; and the same
point of view was urged in 1611 by the serjeants in a pre
cedence dispute. It was probably not until the eighteenth
century that the heralds accepted the priority of serjeants essoin day
before esquires. By that time the rank of esquire had begun
its decline, and according to the courts it belonged to all
barristers at law by virtue of their profession.: J,H. Baker,
The Order ofSerjeants at Law 52 (1984).
essence, of the. See OF THE ESSENCE.
essence test. Labor law. A test under which an arbitra
tor's interpretation of a collective-bargaining agree
ment must be upheld if it derives in any rational way
from the agreement, viewed in light ofthe agreement's
language, its context, and any other evidence of the
parties' intention. [Cases: Labor and Employment
IS92; Labor and Employment 1623(1).]
essendi quietum de tolonio (e-sen-dI kWI-ee-tdm dee
td-Ioh-nee-oh). [Latin "a writ to be free ofa toll"] Hist.
A writ available to a citizen or a burgess of any city or
town who, by charter or prescription, is exempt from
a particular toll.
essential finding. See FINDING OF FACT.
essentialia (e-sen-shee-ay-Iee-d). [Law Latin "essentials"]
Scots law. Terms or qualities essential to the existence of
a particular right or contract. Cf. ACCIDENTALIA.
"Essentialia. This term, applied to a contract, or right,
or other subject of law, signifies those things which are
essential to the very being of the contract or right, as such,
and any alteration in which would make the contract or
right resolve into one of another kind." William Bell, Bell's
Dictionary and Digest of the Law ofScotland 406 (George
Watson ed., 7th ed. 1890).
essentialia feudi (e-sen-shee-ay-Iee-d fyoo-dl). [Law
Latin] Scots law. The essential terms of a feudal right.
Cf. ACCIDENTALIA FEUDI.
essential mistake. See MISTAKE.
essential term. See fundamental term under TERM (2).
essoin (e-soyn), n. [fr. Old French essoi(g)ne "excuse"]
(14c) Hist. 1. An excuse for not appearing in court on
an appointed day in obedience to a summons. 2. The
offering or presentation of such an excuse. -Also
spelled essoign.
'The first return-day of every term, properly speaking, is
the first day of that term; and on that day the court used
formerly to sit ... to hear the essoigns, or excuses, of such
as did not appear according to the summons of the writ.
This day therefore came to be called the essoign-day of
the term." 1 George Crompton, Practice Common-Placed:
Rules and Cases of Practice in the Courts of King's Bench
and Common Pleas liv (3d ed. 1787).
essoin, vb. [fr. Old French essoi(g)nier "to excuse"] (14c)
Hist. To present an excuse for not appearing in court
as ordered.
"Upon the summons, the defendant either appeared, or
essoigned, or made default. If he did the former, the plain
tiff declared against him, and the cause was proceeded in
by the court; and if he did the latter, the plaint


, the plain
tiff declared against him, and the cause was proceeded in
by the court; and if he did the latter, the plaintiff had liberty
to take out further process against him. But if he essoigned,
that is, sent an excuse to the court why he could not attend,
he was to send it by the return day of the writ which if he
did, a further process did not issue against him." 1 George
Crompton, Practice Common-Placed: Rules and Cases of
Practice in the Courts of King's Bench and Common Pleas
liv (3d ed. 1787).
essoin day. Hist. English law. The first general return day
of the term, when the courts sat to receive essoins .

626 essoin de malo villae
By the Law Terms Act (1830), essoin days were elimi
nated as a part of the term. St. 11 Geo. 4; 1 Will. 4, ch.
70,  6.
essoin de malo villae (dee mal-oh viI-eel. Hist. A proce
dure by which a defendant, who was in court the first
day but was then taken ill without pleading, would
send two essoiners to state in court that the defendant
was detained by sickness in a particular village and
thus unable to attend. -This essoin would be accepted
unless the plaintiff could show its falsity.
essoiner (e-soyn-<lr), n. Hist. A person making an
essoin. Also termed essoiniator (e-soyn-ee-ay-t.:lr).
essoin roll. Hist. A roll upon which essoins were entered,
together with the day to which they were adjourned.
establish, vb. (14c) 1. To settle, make, or fix firmly; to
enact permanently <one object ofthe Constitution was
to establish justice>. 2. To make or form; to bring about
or into existence <Congress has the power to establish
Article III courts>. 3. To prove; to convince <the House
managers tried to establish the President's guilt>.
established royalty. See ROYALTY (1).
establishment, n. (ISc) 1. The act of establishing; the
state or condition of being established. 2. An institu
tion or place ofbusiness. 3. A group of people who are
in power or who control or exercise great influence over
something.
Establishment Clause. (1959) The First Amendment pro
vision that prohibits the federal and state governments
from establishing an official religion, or from favoring
or disfavoring one view of religion over another. U.S.
Const. amend. I. Cf. FREE EXERCISE CLAUSE. [Cases:
Constitutional Law (;:::> 1294.]
estadal (es-tah-dahl), n. [Spanish] Hist. In Spanish
America, a measure of land of 16 square varas, or
yards.
estadia (es-tah-dee-ah), n. [Spanish] Spanish law. 1. A
delay in a voyage, or in the delivery ofcargo, caused
by the charterer or consignee, who becomes liable for
demurrage. 2. The time for which the party who has
chartered a vessel, or is bound to receive the cargo,
must pay demurrage because of a delay in performing
the contract. -Also termed sobrestadia (soh-bray
stah-dee-ah).
estandard (.:l-stan-d.:lrd), 11. [Law French] A standard of
weights and measures.
est a scavoir (ayah skah-vwahr). [Law French, prob. fr.
Latin est sciendum "it is to be known"] It is to be under
stood or known; to wit. _ This expression is common
in Sir Thomas de Littleton's 15th-century Treatise on
Tenures, written in Law French. See SCIENDGM EST.
estate. (ISc) 1. 1he amount, degree, nature, and quality
of a person's interest in land or other property; esp., a
real-estate interest that may become possessory, the
ownership being measured in terms of duration. See
periodic tenancy under TENANCY.
absolute estate. A full and complete estate that cannot
be defeated. "The epithet absolute is used to distinguish an estate
extended to any given time, without any condition to
defeat or collateral limitation to determine [i.e., terminate]
the estate in the mean time, from an estate subject to a
condition or collateral limitation. The term absolute is of
the same signification with the word pure or simple, a
word which expresses that the estate is not determinable
by any event besides the event marked by the clause of
limitation." G.c. Cheshire, Modern Law of Real Property
54 (3d ed. 1933).
base estate. Hist. An estate held at the will ofthe lord,
as distinguished from a freehold.
concurrent estate. (18c) Ownership or possession of
property by two or more persons at the same time.
In modern practice, there are three types of concur
rent estates: tenancy in common, joint tenancy, and
tenancy by the entirety. -Also termed concurrent
interest.
"A concurrent estate is simply an estate -whether present
or future, defeasible or non-defeasible, in fee simple, in tail,
for life, or for years that is owned by two or more persons
at the same time. 0 transfers 'to A and B and their heirs.'
A and B own a present concurrent estate in fee simple
absolute." Thomas F. Bergin & Paul G. Haskell, Preface to
Estates in Land and Future Interests 53 (2d ed. 1984).
conditional estate. See estate on condition.
contingent estate. (I7c) An estate that vests only if a
specified event does or does not happen. Cf. estate
on condition,
defeasible estate. (17c) An estate that may come to an
end before its maximum duration has run because
of the operation of a special limitation, a condition
subsequent, or an executory limitation. _ Ifan estate
is defeasible by operation of a special limitation, it is
called a determinable estate.
derivative estate. (18c) A particular interest that has
been carved out of another, larger estate. Cf. original
estate.
determinable estate. (17c) An estate that is defeasible
by operation of a special limitation. -Also termed
determinable freehold.
equitable estate. (l7c) An estate recognized in equity,
such as a trust beneficiary's interest. See EQUITY.
"[Ajlegal estate was a right in rem, an equitable estate a
right in personam, that is to say, the former conferred a
right enforceable against the whole world, the latter one
which could be enforced only against a limited number of
persons:' G.c. Cheshire, Modern Law of Real Property 54
(3d ed. 1933).
equitable life estate. An interest in real or personal
property that lasts for the life of the holder of the
estate and that is equitable as opposed to legal in its
creation. -An example is a life estate held by a trust
beneficiary. [Cases: Life Estates 21.]
estate ad remanentiam (ad rem-.:l-nen-shee-.:lm). An
estate in fee simple.
estate at sufferance. See tenancy at sufferance under
TENANCY.
estate at will. See tenancy at will under TENANCY.

627
estate by curtesy. An estate owned by a wife, to
which the husband is entitled upon her death. See
CURTESY.
estate by elegit. An estate held by a judgment creditor,
entitling the creditor to the rents and profits from
land owned by the debtor until the debt is paid. See
ELEGIT.
estate by entirety. A common-law estate in which
each spouse is seised of the whole of the property.
 An estate by entirety is based on the legal fiction
that a husband and wife are a Single unit. The estate
consists offive unities: time, title, interest, possession,
and marriage. The last of these unities distinguishes
the estate by entirety from the joint tenancy. A joint
tenancy can exist with any number ofpersons, while
an estate by entirety can be held only by a husband
and wife and is not available to any other persons.
And it can be acquired only during the marriage. This
estate has a right of survivorship, but upon the death
of one spouse, the surviving spouse retains the entire
interest rather than acquiring the decedent's interest.
Most jurisdictions have abolished this estate. -Also
termed estate by the entirety; estate by entireties; estate
by the entireties; tenancy by the entirety; tenancy by the
entireties. Cf joint tenancy and tenancy in common
under TE:-<ANCY. [Cases: Husband and Wife
14.2.]
estate by purchase. An estate acquired in any manner
other than by descent. See PURCHASE.
estate by statute staple. An estate in a defendant's land
held by a creditor under the statute staple until the
debt was paid. See STATUTE STAPLE.
estate by the curtesy ofEngland. See CURTESY.
estate for a term. See tenancy for a term under
TENANCY.
estate for life. See life estate.
estate for years. See tenancy for a term under
TE:-<ANCY.
estate in common. See tenancy in common under
TENANCY.
estate in fee simple. See FEE SIMPLE.
estate infee tail. See FEE TAIL.
estate in gage. An estate that has been pledged as
security for a debt. See MORTGAGE.
estate in partnership. A joint estate that is vested in
the members ofa partnership when real estate is pur
chased with partnership funds and for partnership
purposes. [Cases: Partnership
estate in possession. An estate in which a present
interest passes to the tenant; an estate in which the
tenant is entitled to receive the rents and other profits
arising from the estate. [Cases: Estates in Property
1.]
estate in remainder. See REMAINDER (1).
estate in reversion. See REVERSION (1). estate
estate in severalty (sev-<J-r<Jl-tee). An estate held by a
tenant separately, without any other person being
joined or connected in interest.
estate in tail. See FEE TAIL.
estate in vadio (in vad-ee-oh). An estate in gage or
pledge. See MORTGAGE.
estate less than freehold. An estate for years, an estate
at will, or an estate at sufferance.
estate on condition. (ISc) An estate that vests, is
modified, or is defeated upon the occurrence or non
occurrence of some specified event. -While an estate
on limitation can revert without any action by the
grantor or the grantor's heirs. an estate on condition
requires the entry ofthe grantor or the grantor's heirs
to end the estate whenever the condition occurs.
Also termed estate on conditional limitation; condi
tional estate. Cf. estate on limitation.
estate on conditional limitation. See estate on condi
tion.
estate on condition expressed. (ISc) A contingent estate
in which the condition upon which the estate will fail
is stated explicitly in the granting instrument.
estate on condition implied. (I8c) A contingent estate
haVing some condition that is so inseparable from
the estate's essence that it need not be expressed in
words.
estate on limitation. (lSc) An estate that automati
cally reverts back to the grantor according to a pro
vision, usu. regarding the passage of a determined
time period, designated by words such as "during,"
"while," and "as long as." Seefee simple determinable
under FEE SIMPLE. Cf. estate on condition.
estate pur autre vie. See life estate pur autre vie.
estate tail. See FEE TAIL.
estate tail quasi. An estate granted by a life tenant,
who, despite using language of conveyance that is
otherwise sufficient to create an estate tail, is unable
to grant in perpetuity.
executed estate. See REMAINDER (I).
expectant estate. See FUTURE INTEREST.
fast estate. See real property under PROPERTY.
freehold estate. See FREEHOLD.
future estate. See FUTURE INTEREST.
joint estate. (ISc) Any of the follOWing five types of
estates: (1) a joint tenancy, (2) a tenancy in common,
(3) an estate in coparcenary (a common-law estate
in which coheirs hold as tenants in common), (4) a
tenancy by the entirety, or (5) an estate in partner
ship. [Cases: Husband and Wife C::"::> 14.2-14.7; Joint
Tenancy Tenancy in Common
landed estate. An interest in real property, esp.
suburban or rural land, as distinguished from real
estate situated in a city. -Also termed landed
property.
leasehold estate. See LEASEHOLD.

628 estate
legal estate. An interest enforced in law rather than
in equity.
legal life estate. See life estate.
life estate. (l8c) An estate held only for the duration of a
specified person's life, usu. the possessor's. -Most life
estates created, for example, by a grant "to Jane for
life" are beneficial interests under trusts, the corpus
often being personal property, not real property.
Also termed estate for life; legal life estate; life tenancy.
See LIFE TENANT. [Cases: Ufe Estates C=o 1.]
life estate pur autre vie (p;:lr oh-tr;:l vee). (1888) A life
estate for which the measuring lite -the life whose
duration determines the duration of the estate -is
someone's other than the possessor's. Also spelled
life estate per autre vie. [Cases: Ufe Estates C=o 1.]
marital estate. See marital property under PROPERTY.
next eventual estate. (1836) An estate taking effect
upon an event that terminates the accumulation of
undisposed rents and profits; an estate taking effect
when the existing estate terminates.
nonancestral estate. An estate from any source other
than the owner's ancestors. -Also termed nonances
tral property.
nonfreehold estate. Any estate in real property without
seisin, such as an estate for years, from period to
period, at will, or at sufferance; any estate except a


seisin, such as an estate for years, from period to
period, at will, or at sufferance; any estate except a
fee simple, fee tail, or life estate.
original estate. An estate that is the first of one or more
derivative estates, bearing to each other the relation
of a particular estate and a reversion.
particular estate. An estate or interest less than a fee
simple, such as a fee tail, a life estate, or a term for
years. _ It is so called because the estate is a mere part
(particula) of the fee Simple.
periodic estate. See periodic tenancy under TENANCY.
possessory estate. (18c) An estate giving the holder the
right to possess the property, with or without an own
ership interest in the property.
present estate. An estate in immediate possession; one
vested at the present time, as distinguished from a
future estate. See present interest under INTEREST
(2).
qualified estate. Any estate that is not absolute and
unconditional; a limited or conditional estate.
reversionary estate. See REVERSION.
separate estate. 1he individual property of one oftwo
persons who stand in a marital or business relation
ship. See SEPARATE PROPERTY. Divorce
252.3(3); Husband and Wife 10-202.]
settled estate. An estate created or limited under a
settlement; an estate in which the powers of alien
ation, devising, and transmission according to the
ordinary rules ofdescent are restrained by the settle
ment's terms. stipendiary estate (stI-pen-dee-er-ee). Hist. An estate
granted in return for services, usu. of a military
kind.
vested estate. (18c) An estate with a present right of
enjoyment or a present fixed right of future enjoy
ment.
2. All that a person or entity owns, including both real
and personal property.
bankruptcy estate. See BANKRUPTCY ESTATE.
3. The property that one leaves after death; the col
lective assets and liabilities of a dead person. [Cases:
Executors and Administrators C=o38-73.]
"The word 'estate' was probably adopted because in early
days it was possible to ascertain a man's status or position
in life by discovering the particular kind of tenure by which
he held his lands. The quality of his tenure gave a clue to
his status. The baron for example ought in theory to be the
holder of a barony; he has the status of a baron because he
has the estate of a baron .... [O]ne of the distinguishing
marks of [the] freehold estates was the uncertainty of their
duration. They were invariably held either for life, or for
some other space of time dependent upon an event which
might not happen within a lifetime, and thus a freehold
estate came to be regarded as one which involved the per
formance of free services only, but as one which endured
for an uncertain time. In this way, the word 'estate' came
to denote the quantity of a man's interest in land." C.c.
Cheshire, Modern Law ofReal Property 26 (3d ed. 1933).
adjusted gross estate. 1. The total value ofa decedent's
property after subtracting administration expenses,
funeral expenses, creditors' claims, and casualty
losses. _ The value ofthe adjusted gross estate is used
in computing the federal estate tax. Cf. net probate
estate under PROBATE ESTATE. 2. See gross estate (1).
ancestral estate. An estate that is acquired by descent
or by operation of law with no other consideration
than that ofblood.
augmented estate. A refinement of the elective share
to which a surviving spouse is entitled, whereby the
"fair share" is identified as something other than
the traditional one-third of the probate estate . The
current version ofthe Uniform Probate Code uses a
sliding scale that increases with each year of marriage.
Under the UPC, a surviving spouse has accrued full
marital-property rights after 15 years of marriage.
This percentage of spousal entitlement is applied to
a reconceptualization of the decedent's estate to take
into account more than just the assets remaining in
the probate estate at death. Also added into the calcu
1ation are the value ofcertain inter vivos transfers that
the decedent made to others in a way that depleted the
probate estate; the value of similar transfers made to
others by the spouse as well as the value of the marital
property owned by the spouse at the decedent's death;
and the value ofinter vivos transfers of property made
by the decedent to the spouse. The Uniform Probate
Code adopted this version of the augmented-estate
concept in an attempt to equalize the treatment of
surviving spouses in non-community-property states
vis-a.-vis community- property states. Unif. Probate

629
Code  2-202. See ELECTIVE SHARE. [Cases: Wills ~~
778-803.]
decedent's estate. (18c) The real and personal property
that a person possesses at the time of death and that
passes to the heirs or testamentary beneficiaries.
[Cases: Executors and Administrators (...'":::'38-73.]
estate ofinheritance. An estate that may descend to
heirs.
gross estate. 1. The total value of a decedent's property
without any deductions. 2. Loosely, adjusted gross
estate. [Cases: Internal Revenue (;::=>4168-4182.30.]
heirless estate. The property of a person who dies intes
tate and without heirs. See ESCHEAT.
net estate. See net probate estate under PROBATE
ESTATE.
netprobate estate. See PROBATE ESTATE.
probate estate. See PROBATE ESTATE.
residuary estate. (18c) The part of a decedent's estate
remaining after payment of all debts, expenses, stat
utory claims, taxes, and testamentary gifts (special,
general, and demonstrative) have been made. -Also
termed residual estate; residue; residuary; residuum.
[Cases: Wills
taxable estate. (18c) A decedent's gross estate reduced
by allowable deductions (such as administration costs
and ESOP deductions). IRC (26 USCA)  2051. _ The
taxable estate is the amount that is subject to the
federal unified transfer tax at death. [Cases: Internal
Revenue C::::'4168-4182.30.]
4. A tract ofland, esp. one affected by an easement.
"The old definitions of this word [estate] generally confine
it to lands or realty. Thus, according to lord Coke. 'state or
estate signifieth such inheritance, freehold. term for years,
&c., as any man hath in lands or tenements.' Co. Utt. 345a.
So Cowell defines it to be 'that title or interest which a man
hath in lands or tenements; and the same definition is
given in the Termes de la Ley. And this limited sense of the
word has been relied on, in argument, in some cases ....
But. according to the settled modern doctrine, the term
estate is of much more extensive import and application,
being indeed genus generalissimum. and clearly compre
hending things personal as well as real; person as well as
real estate." 1 Alexander M. Burrill, A Law Dictionary and
Glossary 561 (2d ed. 1867).
dominant estate. (18c) An estate that benefits from
an easement. Also termed dominant tenement;
dominant property; upper estate. Cf. servient estate.
[Cases: Easements (;::=> 1,38.]
lower estate. See servient estate.
real estate. See real property under PROPERTY.
servient estate (s;Jr-vee-;mt). (I8c) An estate burdened
by an easement. Also termed servient tenement;
servient property; lower estate. Cf. dominant estate.
lCases: Easements 38.]
upper estate. See dominant estate.
estate duty. See DUTY (4).
estate freeze. (I986) An estate-planning maneuver
whereby an owner ofa closely held business exchanges estoppel
common stock for dividend-paying preferred stock and
gives the common stock to his or her children, thus
seeking to guarantee an income in retirement and to
avoid estate tax on future appreciation in the business's
value.
estate from period to period. See periodic tenancy under
TENANCY.
estate in expectancy. See FUTURE INTEREST.
estate in freehold. See FREEHOLD.
estate in lands. (16c) 1. Property that one has in lands,
tenements, or hereditaments, [Cases: Estates in
Property 1.] 2. The conditions or circumstances
under which a tenant stands in relation to the leased
property.
estate in remainder. See REMAINDER (1).
estate planning. (1938) 1. The preparation for the dis
tribution and management ofa person's estate at death
through the use ofwills, trusts, insurance policies, and
other arrangements, esp. to reduce administration costs
and transfer-tax liability. [Cases: Wills 1-202.]2.
A branch of law that involves the arrangement of a
person's estate, taking into account the laws ofwills,
taxes, insurance, property, and trusts.
estates of the realm. I. The lords spiritual, the lords
temporal, and the commons of Great Britain. Also
termed the three estates. 2. In feudal Europe, the clergy,
nobles, and commons. -Because the lords spiritual
had no separate assembly or negative in their political
capacity, some authorities reduce the estates in Great
Britain to two, the lords and commons. In England
(until about the 14th century), the three estates of the
realm were the clergy, barons, and knights. In legal
practice, the lords spiritual and lords temporal are usu.
collectively designated simply as lords.
estate's property. See PROPERTY OF THE ESTATE.
estate tax. See TAX.
estate trust. See TRUST.
ester in judgment (es-t<lr). [Law French] To appear before
a tribunal, as either plaintiff or defendant.
estimated damages. See liqUidated damages under
DAMAGES.
estimated tax. See TAX.
estimated useful life. See USEFUL LIFE.
estop (e-stop), vb. (15c) To bar or prevent by estoppel.
estoppage (e-stop-ij), n. (I8c) The state or condition of
being estopped.
estoppel (e-stop-;:JI), n. (16c) 1. A bar that prevents one
from asserting a claim or right that contradicts what
one has said or done before or what has been legally
established as true. [Cases: Estoppel (...~52-59.]2. A bar
that prevents the relitigation of issues. 3. An affirmative
defense alleging good-faith reliance on a misleading
representation and an injury or detrimental change in
position resulting from that reliance. Cf. WAIVER (1).
[Cases: Estoppel C::::'83-87.] estop, vb.

630 estoppel
'''Estoppe,' says Lord Coke, 'cometh of the French word
estoupe, from whence the English word stopped; and it is
called an estoppel or conclusion, because a man's own act
or acceptance stoppeth or c!oseth up his mouth to allege
or plead the truth.' [Co. Litt. 352a.] Estoppel may also be
defined to be a legal result or 'conclusion' arising from an
admission which has either been actually made, or which
the law presumes to have been made, and which is binding
on all persons whom it affects." Lancelot Feilding Everest.
Everest and Strode's Law ofEstoppel 1 (3d ed. 1923).
"In using the term 'estoppel,' one is of course aware of its
kaleidoscopic varieties. One reads of estoppel by conduct,
by deed, by laches, by misrepresentation, by negligence, by
Silence, and so on. There is also an estoppel by judgment
and by verdict; these, however, obviously involve proce
dure. The first-named varieties have certain aspects in
common. But these aspects are not always interpreted by
the same rules in all courts, The institution seems to be
flexible." John H. Wigmore, "The Scientific Role of Consid
eration in Contract," in Legal Essays in Tribute to Orrin Kip
McMurrav641 , 643 (1935).
administrative collateral estoppel. See COLLATERAL
ESTOPPEL.
assignee estoppel. Patents. The equitable doctrine
that bars the assignee of a patent from contesting
the patent's validity under some circumstances, as
when the assignee seeks to avoid royalty payments, to
void an assignment contract, or to mitigate damages
related to the assignee's fraudulent acquisition ofthe
patent. _ The doctrine prevents an assignee from
Simultaneously attacking and defending the validity
of the same patent. [Cases: Patents C=> 129(3).]
assignor estoppel. Patents. Estoppel barring someone
who has assigned the rights to a patent from later
attacking the patent's validity. Westinghouse Elec.
& Mfg. Co. v. Formica Insulation Co., 266 U.S. 342,
45 S.Ct. 117 (1924). The doctrine was narrowed by
Diamond Scientific Co. v. Ambico, Inc., 848 F,2d 1220
(Fed. Cir. 1988), 'in which the court held that in some
circumstances equity may outweigh the public-policy
reasons behind the estoppel doctrine. [Cases: Patents
collateral estoppel. See COLLATERAL ESTOPPEL.
equitable estoppel. (18c) 1. A defensive doctrine pre
venting one party from taking unfair advantage of
another when, through false language or conduct, the
person to be estopped has induced another person
to act in a certain way, with the result that the other
person has been injured in some way. -This doctrine
is founded on principles of fraud. The five essential
elements of this type of estoppel are that (1) there
was a false representation


founded on principles of fraud. The five essential
elements of this type of estoppel are that (1) there
was a false representation or concealment ofmaterial
facts, (2) the representation was known to be false by
the party making it, or the party was negligent in not
knowing its falsity, (3) it was believed to be true by the
person to whom it was made, (4) the party making
the representation intended that it be acted on, or
the person acting on it was justified in assuming
this intent, and (5) the party asserting estoppel
acted on the representation in a way that will result
in substantial prejudice unless the claim of estoppel
succeeds. Also termed estoppel by conduct; estoppel in pais. [Cases: Estoppel ~--=52-96.12. See promissory
estoppel.
estoppel by conduct. See equitable estoppel.
estoppel by contract. A bar that prevents a person from
denying a term, fact, or performance arising from a
contract that the person has entered into.
estoppel by deed. Estoppel that prevents a party to a
deed from denying anything recited in that deed if
the party has induced another to accept or act under
the deed; esp., estoppel that prevents a grantor of a
warranty deed, who does not have title at the time
of the conveyance but who later acquires title, from
denying that he or she had title at the time of the
transfer. See AFTER-ACQUlRED-TITLE DOCTRINE.
Also termed estoppel by warranty. [Cases: Estoppel
"The apparent odiousness of some classes of estoppel,
chiefly estoppels by deed, seems to result not so much
from the nature of an estoppel, as from the highly techni
cal rules of real property law upon which it operated, and
with which it was aSSOCiated. Estoppels by record, indeed,
stand upon a considerably higher footing than estoppels by
deed ...." Lancelot Feilding Everest, Everest and Strode's
Law ofEstoppel 10 (1923).
estoppel by election. The intentional exercise of a choice
between inconsistent alternatives that bars the person
making the choice from the benefits of the one not
selected.
estoppel by inaction. See estoppel by silence.
estoppel by judgment. See COLLATERAL ESTOPPEL.
estoppel by laches. (1894) An equitable doctrine by
which some courts deny relief to a claimant who has
unreasonably delayed or been negligent in asserting
a claim. [Cases: Equity C=>67.]
estoppel by misrepresentation. An estoppel that
arises when one makes a false statement that induces
another person to believe something and that results
in that person's reasonable and detrimental reliance
on the belief. [Cases: Estoppel
estoppel by negligence. An estoppel arising when a neg
ligent person induces someone to believe certain facts,
and then the other person reasonably and detrimen
tally relies on that belief. [Cases: Estoppel
estoppel by record. See COLLATERAL ESTOPPEL
estoppel by representation. An estoppel that arises
when one makes a statement or admission that
induces another person to believe something and that
results in that person's reasonable and detrimental
reliance on the belief; esp., equitable estoppel. [Cases:
Estoppel C=>82-87.]
estoppel by silence. (1872) Estoppel that arises when
a party is under a duty to speak but fails to do so.
Also termed estoppel by standing by; estoppel by
inaction. [Cases: Estoppel
estoppel by standing by. See estoppel by silence.
estoppel by verdict. See COLLATERAL ESTOPPEL.
estoppel by warranty. See estoppel by deed.

631
estoppel in pais. See equitable estoppel.
estoppel on the record. See prosecution-history
estoppel.
file-wrapper estoppel. See prosecution-history
estoppel.
judicial estoppel. (1886) Estoppel that prevents a
party from contradicting previous declarations
made during the same or an earlier proceeding ifthe
change in position would adversely affect the pro
ceeding or constitute a fraud on the court. -Also
termed doctrine ofpreclusion ofinconsistent positions;
doctrine ofthe conclusiveness ofthe judgment. [Cases:
Estoppel ~68.]
legal estoppel. Estoppel recognized in law (as distin
guished from equitable estoppel or estoppel in pais),
such as an estoppel resulting from a recital or other
statement in a deed or official record, and preclud
ing any denial or assertion concerning a fact. [Cases:
Estoppel
marking estoppel. Patents. Estoppel that prevents a
party from asserting that a product is not covered by
a patent if that party has marked the product with a
patent number. -This type ofestoppel has been ques
tioned in recent years, and has been sharply limited
by some courts. [Cases: Patents ~222.]
promissory estoppel. (1924) The principle that a
promise made without consideration may nonethe
less be enforced to prevent injustice if the promisor
should have reasonably expected the promisee to
rely on the promise and ifthe promisee did actually
rely on the promise to his or her detriment. -Also
termed (inaccurately) equitable estoppel. [Cases:
Estoppel ~85.]
''The doctrine of promissory estoppel is equitable in origin
and nature and arose to provide a remedy through the
enforcement of a gratuitous promise. Promissory is distinct
from equitable estoppel in that the representation at issue
is promissory rather than a representation offact. 'Promis
sory estoppel and estoppel by conduct are two entirely
distinct theories. The latter does not require a promise.'"
Ann Taylor Schwing, California Affirmative Defenses
34:16, at 35 (2d ed. 1996) (quoting Division of Labor Law
Enforcement v. Transpacific Transp. Co., 88 Cal. App. 3d
823,829 (Cal. Ct. App. 1979.
prosecution-history estoppel. Patents. lhe doctrine
limiting a patent-holder's invocation of the doctrine
of equivalents by eliminating from the claims those
elements that the holder surrendered or abandoned
during the prosecution of the patent. -Also termed
estoppel on the record; file-wrapper estoppel. See
DOCTRINE OF EQUIVALENTS. [Cases: Patents
168(2.1).]
quasi-estoppel. (1823) An equitable doctrine prevent
ing one from repudiating an act or assertion if it
would harm another who reasonably relied on the
act or assertion.
technical estoppel. 1. An estoppel arising from a matter
of record or from a deed made by the party who is
claimed to be estopped. -Estoppels by deed or by
record are called "technical" because the rules of estrepement
estoppel apply with certainty in appropriate cases.
[Cases: Estoppel~' 1, 12.]2. COLLATERAL ESTOPPEL.
See estoppel by deed.
estoppel certificate. (1897) 1. A signed statement by a
party (such as a tenant or a mortgagee) certifying for
another's benefit that certain facts are correct, such as
that a lease exists, that there are no defaults, and that
rent is paid to a certain date. - A party's delivery of
this statement estops that party from later claiming a
different state offacts. 2. See WAIVER OF CLAIMS AND
DEFENSES.
estoppel per rem judicatam (p;3r rem joo-di-kay-t;3m).
See COLLATERAL ESTOPPEL.
estover (e-stoh-var). (usu. pl.) 1. Wood that a tenant is
allowed to take for fuel, the manufacture or repair of
agricultural instruments, and the erection and mainte
nance of fences and hedges; necessary supplies. Also
termed botes. See BOTE (1); common ofestovers under
COMMON. 2. The tenant's right to obtain that wood. 3.
ALIMONY.
estoveriis habendis (es-td-veer-ee-is hd-ben-dis). [Latin]
Hist. See DE ESTOVERIIS HABENDIS.
estrange, vb. 1. To separate, to keep away (a person or
thing), or to keep away from (a person or thing). 2.
To destroy or divert affection, trust, and loyalty.
estrangement, n.
estray (e-stray), n. 1. A valuable tame animal found
wandering and ownerless; an animal that has escaped
from its owner and wanders about. -At common law,
an estray belonged to the Crown or to the lord of the
manor, but today the general rule is that it passes to
the state in trust for the true owner, who may regain it
by proving ownership. An animal cannot be an estray
when on the range where it was raised and where its
owner permits it to run, and esp. when the owner is
known to the party who takes the animal. [Cases:
Animals ~58.1 2. FLOTSAM.
estreat (e-street), n. (15c) A copy or duplicate of some
original writing or record, esp. of a fine or amercement
imposed by a court, extracted from the record, and cer
tified to one who is authorized and required to collect
it. -Also termed (in Scots law) extract.
estreat, vb. (16c) To take out a forfeited recognizance
from the recordings ofa court and return it to the court
to be prosecuted.
estrepe (e-streep), vb. (17c) 1. To strip; to despoil; to
commit waste upon an estate, as by cutting down trees
or removing buildings. 2. To injure the value ofa rever
sionary interest by stripping or spoiling the estate. See
WASTE (1).
estrepement (e-streep-mant), n. (16c) A species ofaggra
vated waste, by stripping or devastating land to the
injury ofthe reversioner, esp. pending a suit for posses
sion. See DE ESTREPAMENTO. [Cases: Waste C::> 16.J

et, con}. [Latin] And. This conjunction was the intro
ductory word ofseveral Latin and Law French phrases
that were once common.
et adjournatur (et aj-<1r-nay-t<1r). [Latin] Hist. And it is
adjourned. This phrase was used in the old reports,
when argument ofa case was adjourned to another day,
or where a second argument was had.
et al. (et al or ahl). abbr. 1. [Latin et alii or et alia] And
other persons <the office of Thomas Webb et al.>. 2.
[Latin et alibi] And elsewhere.
et alii e contra (et ay-Iee-I ee kon-tr<1). [Latin "and others
on the other side"] Hist. A phrase often used in the Year
Books, describing a joinder in issue.
et alius (et ay-Iee-<1s). [Latin] And another.
et allocatur (et al-<1-kay-t<1r). [Latin] And it is allowed.
etc. abbr. ET CETERA.
et cetera (et set-<1r-<1). [Latin "and others"] (12c) And
other things. The term usu. indicates additional,
unspecified items in a series. -Abbr. etc.
et de ceo se mettent en Ie pays (ay d<1 say-oh S<1 me-tawn
on 1<1 pay). [Law French] Hist. And of this they put
themselves upon the country. See CONCLUSION TO THE
COUNTRY; GOING TO THE COUNTRY.
et de hoc ponit se super patriam (et dee hok poh-nit see
s[y]oo-p<1r pay-tree-<1m). [Latin] Hist. And of this he
puts himself upon the country. This was the formal
conclusion of a common-law plea in bar by way of
traverse.
et ei legitur in haec verba (et ee-I lee-j<1-t<1r in heek
v<1r-b<1). [Latin] Hist. And it is read to him in these
words. This phrase was formerly used in entering
the prayer ofoyer on the record.
eternal law. See NATURAL LAW.
et habeas ibi tunc hoc breve (et hay-bee-<1s ib-I t<1ngk
hok bree-vee). [Latin] Hist. And that you have then and
there this writ.  These were the formal words directing
the return ofa writ. The literal translation was retained
in the later form ofa considerable number ofwrits.
et habuit (et hab-yoo-it). [Latin "and he had [it]"] Hist.
A common phrase in the Year Books, indicating that a
party's application or demand was granted.
ethical, adj. (16c) 1. Of or relating to moral obligations
that one person owes another; esp., in law, of or relating
to legal ethics <the ethical rules regarding confidences>.
See LEGAL ETHICS. 2. In conformity with moral norms
or standards of professional conduct <refusing to
identify the informant was a perfectly ethical act>.
ethical absolutism. See MORAL ABSOLUTISM.
ethical consideration. (often cap.) A structural compo
nent of the ethical canons set forth in the legal pro
fession's Model Code of Professional Responsibility,
containing a goal or ethical principle intended to guide
a lawyer's professional conduct.  Ethical considerations
are often used in the interpretation and application of
the Model Rules of Professional Conduct. -Abbr. EC. Cf. DISCIPLINARY RULE. [Cases: Attorney and Client
C=>32(2).]
ethical drug. See DRUG.
ethical jurisprudence. See JURISPRUDENCE.
ethical relativism. See MORAL RELATIVISM.
ethical wall. (1988) A screening mechanism maintained
by an organization, esp. a law firm, to protect client
confidences from improper disclosure to lawyers or
staff who are not involved in a particular representa
tion. The screening mechanism is designed to prevent
lawyer


lawyers or
staff who are not involved in a particular representa
tion. The screening mechanism is designed to prevent
lawyer or law-firm disqualification from certain rep
resentations because of conflicts of interest. -Also
termed screening mechanism; Chinese wall. [Cases:
Attorney and Client C=>21.15.]
ethics. See LEGAL ETHICS.
ethnic cleansing. (1991) The officially sanctioned forcible
and systematic diminution or elimination of targeted
ethnic minorities from a geographic area, usu. by con
fiscating real and personal property, ordering or con
doning mass murders and mass rapes, and expelling
the survivors . In theory, the purpose ofethnic cleans
ing is to drive all members ofthe victimized group out
ofa territory. In practice, ethnic cleansing is nearly syn
onymous with genOcide as mass murder is a charac
teristic ofboth. Ethnic cleansing additionally includes
mass rapes for two cultural reasons: (1) the victims are
often put to death by their relatives or commit suicide,
and (2) any children born are regarded as belonging to
the father's ethnic group, not the mother's. Both acts
murder and rape -are intended to diminish or extin
guish the victimized minority. Cf. GENOCIDE.
ethnic profiling. See RACIAL PROFILING.
et hoc paratus est verificare (et hok p<1-ray-t<1s est ver
<1-fi-kair-ee). [Latin] And this he is prepared to verify.
 This phrase traditionally concluded a plea in confes
sion and avoidance, or any pleading that contained new
affirmative matter. A pleading containing this phrase
was technically said to "conclude with a verification,"
as opposed to a simple denial.
et hoc petit quod inquiratur per patriam (et hok pet-it
kwod in-kw<1-ray-t<1r p<1r pay-tree-<1m). [Latin "and
this he prays may be inquired of by the country"]
Archaic. The conclusion of a plaintiff's pleading that
tendered an issue to the country. See CONCLUSION TO
THE COUNTRY.
etiam causa non cognita (ee-shee-<1m kaw-z<1 non kog
ni-t<1). [Latin] Hist. Even where the cause is not known;
absent an investigation . Some decrees could be issued
without a full factual inquiry or trial.
etiam in articulo mortis (ee-shee-<1m in ahr-tik-p-Ioh
mor-tis). [Latin] Scots law. Even at the point of death.
 The phrase appeared in reference to a circumstance
under which one could revoke a will.
etiam in lecto (ee-shee-<1m in lek-toh). [Law Latin] Hist.
Even upon deathbed.
et inde petitjudicium (et in-dee pet-it joo-dish-ee-<1m).
[Latin "and thereupon he prays judgment"] Archaic.

633
A clause found at the end of a pleading, requesting
judgment in that party's favor.
etiquette of the profession. See LEGAL ETIQUETTE.
et modo ad hunc diem (et moh-doh ad hangk dI-dm).
[Latin "and now at this day"] Archaic. The formal begin
ning of an entry ofappearance or ofa continuance.
et non (et non). [Latin "and not"] Archaic. A phrase
formerly used in pleading to introduce the negative
averments ofa special traverse. See ABSQUE HOC.
et seq. (et sek). abbr. [Latin et sequens "and the folloWing
one," et sequentes (masc.) "and the following ones," or
et sequentia (neuter) "and the following ones"] (18c)
And those (pages or sections) that follow <11 USCA
 101 et seq.>.
et sic (et sik). [Latin "and so"] Archaic. The introductory
words ofa special conclusion to a plea in bar, intending
to render the plea positive and not argumentative.
et sic ad judicium (et sik ad joo-dish-ee-ilm). [Latin]
Archaic. And so to judgment.
et sic ad patriam (et sik ad pay-tree-dm). [Latin] Hist.
And so to the country. _ This phrase was used in the
Year Books to record an issue to the country.
et sic de anno in annum quamdiu ambo bus partibus
placuerit (et sik dee an-oh in an-dm kwam-dee-yoo
am-bil-b<ls pahr-til-bils plak-yoo-air-it). Hist. And so,
from year to year, so long as both parties please, or
are agreed. -The phrase appeared in reference to tacit
relocation. See TACIT RELOCATION.
et sic jecit (et sik fee-sit). [LatinJ Archaic. And he did
so.
et sic pendet (et sikpen-dit). [Latin] Hist. And so ithangs.
-This phrase was used in the old reports to signify that
a point was left undetermined.
et sic ulterius (et sik <ll-teer-ee-ils). [Latin] Archaic. And
so on; and so further; and so forth.
et uxor (et ak-8or). [LatinJ Archaic. And wife. -This
phrase was formerly common in case names and legal
documents (esp. abstracts oftitle) involving a husband
and wife jointly. It usu. appears in its abbreviated form,
et ux. <conveyed the land to Donald Baird et ux.>. See
UXOR.
et vir (et veer). [Latin] Archaic. And husband. See VIR.
EU. abbr. EUROPEAN L"NION.
Euclidean zoning. See ZONING.
eundo et redeundo (ee-an-doh et red-ee-,m-doh). [Latin]
Hist. Going and returning. -This phrase was once used
to describe vessels in transit.
eundo, morando, etredeundo (ee-an-doh, mil-ran-doh,
et red-ee-;m-doh). [LatinJ Hist. GOing, remaining, and
returning. -This phrase was once used to describe a
person (for example, a witness or legislator) who is priv
ileged from arrest while traveling to the place where
aSSigned duties are to be performed, while remaining
there, and while returning. European Copyright Directive
eunomy (yoo-nil-mee), n. (l9c) A system of good laws
that lead to civil order and justice. -Also termed
eunomia. Cf. DYSNOMY. eunomic, adj.
Euratom. A European Union organization that coor
dinates the development and use of nuclear energy in
Europe. -It was created in 1958 and merged with the
European Economic Community in 1967. Itis governed
by the Council ofthe European Union.
eureka model. Patents. The view that the inventive
process is the product of a stroke ofluck rather than
labor. _ The notion is used to counter labor-based
theories justifying intellectual-property rights, since
no labor is involved in a "eureka" discovery. ct LABOR
DESERT MODEL; VALUE-ADDED MODEL.
eureka moment. Slang. The instant when an inventor
realizes the answer to a question or the Significance of
a discovery. Also termed flash ofgenius.
Euribor. abbr. EURO INTERBANK OFFERED RATE.
euro (yuur-oh). (1981) The official currency of most
countries in the European Union. -On January 1, 1999,
the euro became the single currency of the participat
ing countries. Euro notes and coins began circulating
on January 1, 2002.
Eurodollar. (1960) United States currency held in a bank
outside the U.S., usu. in Europe, and used to settle
international transactions.
Euro Interbank Offered Rate. A measure ofwhat major
international banks charge each other for large-vol
ume, short-term loans ofeuros, based on interest-rate
data prOVided daily by a panel of representative banks
across Europe. -Abbr. Euribor. Cf. LONDON INTER
BANK OFFERED RATE.
European Commission ofHuman Rights. A body ofthe
Council ofEurope charged with overseeing the opera
tion of the European Convention on Human Rights.
The commission was abolished in 1998. The European
Court of Human Rights absorbed its functions. See
EUROPEAN COURT OF HUMAN RIGHTS.
European Community. See EUROPEAN UNION.
European Convention on Human Rights and Funda
mental Freedoms. A 1950 international agreement to
protect human rights. -The European Commission
for Human Rights and the European Court for Human
Rights were created under the convention's terms.
[Cases: Treaties C='8.J
European Copyright Directive. An official instruction
ofthe European Union designed to promote uniformity
in certain aspects of copyright law and related rights,
esp. on the Internet. -Officially titled Directive 2001/29
on the Harmonisation ofCertain Aspects ofCopyright
and Related Rights in the Information Society, this is
the European Union equivalent of the Digital Millen
nium Copyright Act. Among other provisions, the
directive provides broad exclusive rights of reproduc
tion and distribution to copyright holders, and requires
E.U. member nations to prohibit the circumvention of
technical measures and devices intended to prevent

634 European Court of Human Rights
the alteration or reproduction of copyrighted works.
[Cases: Copyrights and Intellectual Property C==>34.]
European Court ofHuman Rights. The judicial body
of the Council of Europe. 'the court was set up in
1959 and was substantially changed in 1994-1998. As
of 2008, the court had 47 judges, each elected by the
Council of Europe's Parliamentary Assembly. The court
adjudicates alleged violations of the civil and political
rights enumerated in the Convention for the Protection
of Human Rights and Fundamental Freedoms.
European Currency Unit. A monetary unit that was the
precursor of the euro. -Created in 1979, it was an arti
ficial currency used by the members of the European
Union as their internal accounting unit. It ceased to
exist in January 1999, when it was replaced by the
euro. Abbr. ECV; ecu. See EURO.
European Economic Community. See EUROPEAN
UNION.
European law. (1844) 1. The law of the European Union.
2. More broadly, the law of the European Union,
together with the conventions ofthe Council ofEurope,
including the European Convention on Human Rights.
3. More broadly still, all the law current in Europe,
including the law ofEuropean organizations, the North
Atlantic Treaty Organization, and all the bilateral and
multilateral conventions in effect, as well as European
customary law.
European option. See OPTION.
European Patent Convention. A 1973 treaty allowing
a patent applicant to obtain patent protection in all
signatory nations, mostly European Union members,
through a single blanket filing and examination
procedure. -The Community patent is valid in any
member nation in which it is registered. The procedure
is administered through the European Patent Office
in Munich, Germany and The Hague, Netherlands. -
Abbr. EPe. Also termed Convention on the Grant of
European Patent.
European Patent Office. The office that receives filings,
conducts examinations, and issues Community patents
applied for under the European Patent Convention.
The office is located in Munich, Germany, and The
Hague, Netherlands.
European Patent Organization. A centralized patent
grant system, established in 1978, comprising a leg
islative body (the Administrative Council) and an exec
utive body (the Patent Office).
European-style option. See European option under
OPTION.
European Union. An association of European nations
whose purpose is to achieve full economic unity (and
eventual political union) by agreeing to eliminate
barriers to the free movement of capital, goods, and
labor among the member-nations. -The European
Union was formed as the European Economic Com
munity (EEC) by the Treaty of Rome in 1957, and
later renamed the European Community (EC). The European Community became the European Union
when the Maastricht Treaty on European Union took
effect in November 1993. Abbr. EU.
euthanasia (yoo-th,,-nay-zh,,), n. (1869) The act or
practice of causing or hastening the death of a person
who suffers from an incurable or terminal disease or
condition, esp. a painful one, for reasons of mercy.
Euthanasia is sometimes regarded by the law as second
degree murder, manslaughter, or criminally negligent
homicide. In 2001, the Netherlands became the first
nation to legalize euthanasia. Also termed mercy
killing. See LIVING WILL; ADVANCE DIRECTIVE. Cf.
assisted suicide under SUICIDE; DYATHANASIA. [Cases:
Homicide euthanasic (yoo-th,,-nay-zik),
a~j.
"The translation of the Greek word euthanasia -'easy
death' contains an ambiguity. It connotes that the means
responsible for death are painless, so that the death is
an easy one. But it also suggests that the death sought
would be a relief from a distressing or intolerable condi
tion of living (or dying), 50 that death. and not merely the
means through which it is achieved, is good or right in
itself. Usually, both aspects are intended when the term
euthanasia is used; but when that is not the case, there
can be consequences in legal analysis." Alexander Morgan
Capron, "Euthanasia," in 2 Encyclopedia ofCrime andJustice
709, 709 (Sanford H. Kadish ed., 1983).
active euthanasia. Euthanasia performed by a facilita
tor (such as a healthcare practitioner) who not only
provides the means of death but also carries out the
final death-causing act.
involuntary euthanasia. Euthanasia of a competent,
nonconsenting person.
non voluntary euthanasia. Euthanasia ofan incompe
tent, and therefore nonconsenting, person.
passive euthanasia