rather than those of the beneficiary.
 For example, directors have a duty not to engage in
self-dealing to further their own personal interests
rather than the interests of the corporation.
fiduciary duty (fi-d[y]oo-shee-er-ee). A duty of utmost
good faith, trust, confidence, and candor owed by a
fiduciary (such as a lawyer or corporate officer) to the
beneficiary (such as a lawyer's client or a shareholder);
a duty to act with the highest degree of honesty and
loyalty toward another person and in the best interests
ofthe other person (such as the duty that one partner
owes to another). See FIDUCIARy;fiduciary relation
ship under RELATIONSHIP. [Cases: Fraud C=>7.]
ministerial duty. A duty that requires neither the
exercise of official discretion nor judgment. Cf. dis
cretionary duty.
proprietary duty. A duty owed by a governmental
entity while engaged in a proprietary, rather than
governmental, activity. [Cases; Municipal Corpora
tions (;::~") 725.]
3. Torts. A legal relationship arising from a standard of
care, the violation ofwhich subjects the actor to liabil
ity. Also termed duty ofeare. [Cases: Negligence
210.] 4. A tax imposed on a commodity or transac
tion, esp. on imports; IMPOST. A duty in this sense is
imposed on things, not persons.
account duty. An inheritance tax payable by a dece
dent's beneficiary.
ad valorem duty. A tax calculated as a percentage ofan
imported product's value. Cf. compound duty; specific
duty.
antidumping duty. See antidumping tariff under
TARIFF (3).
compound duty. A tax based on a combination of
imported goods' weight, volume, or item count, plus a
percentage of their value. Cf ad valorem duty; specific
duty.
countervailing duty. A tax imposed on manufactur
ers of imported goods to protect domestic industry
by offsetting subsidies given by foreign governments
to those manufacturers. [Cases; Customs Duties
21.5.]
customs duty. A tax levied on an imported or exported
commodity; esp., the federal tax levied on goods
shipped into the United States.
death duty. An estate tax or inheritance tax. Also
termed estate duty.
duty ofdetraction. A tax on property acquired by suc
cession or will and then removed from one state to
another.
estate duty. Hist. English law. A tax imposed on the
principal value of all property that passed on death.
 Estate duties were first imposed in 1889. A capital
transfer tax replaced it in 1975. Since 1986, an inher
itance tax has applied instead, with exceptions for

582 duty-bound
certain transactions entered into before then. See
death duty.
import duty. A tax on the importation ofa product.
Also termed duty on import.
legacy duty. See legacy tax under TAX.
probate duty. A tax assessed by the government either
on every will admitted to probate or on the gross
value of the decedent's personal property.
specific duty. A tax calculated on an import's weight,
volume, or item count. Cf. ad valorem duty; compound
duty.
succession duty. A tax payable by the successor to
real property, esp. when the successor has not pur
chased the property for value but has succeeded to
the property in some other way.
tonnage duty. A charge imposed on a commercial
vessel for entering, remaining in, or leaving a port.,
usu. assessed on the basis of the ship's weight .
U.S. Canst. art. I,  10, cl. 3 prohibits the states from
levying tonnage duties. -Also termed tonnage tax;
tonnage. [Cases: Commerce ~78;Shipping ~7.)
unascertained duty. A preliminary, estimated payment
to a customs collector of the duty that will be due
on final accounting . An importer pays this duty to
receive permission to land and sell the goods.
duty-bound, adj. Required by legal or moral obligation
to do something <Jones is duty-bound to deliver the
goods by Friday>.
duty-free, adj. Ofor relating to products offoreign origin
that are not subject to import or export taxes.
duty judge. See JUDGE.
duty ofcare. See DUTY (3).
duty of the flag. Hist. A maritime ceremony by which
a foreign vessel struck her flag and lowered her topsail
upon meeting the British flag . The ceremony was an
acknowledgment of British sovereignty over the British
seas.
duty of tonnage (t;m-ij). See tonnage duty under DUTY
(4).
duty ofwater. The amount ofwater necessary to irrigate
a given tract.
duty on import. See import duty under DUTY (4).
duty-to-defend clause. Insurance. A liability-insur
ance provision obligating the insurer to take over the
defense ofany lawsuit brought by a third party against
the insured on a claim that falls within the policy's
coverage. See duty to defend under DUTY (1). [Cases:
Insurance ~29ll.)
duty to mitigate (mit-i-gayt). (1891) A nonbreaching
party's or tort victim's duty to make reasonable efforts
to limit losses resulting from the other party's breach
or tort.  Not doing so precludes the party from col
lecting damages that might have been avoided. See
MITIGATION-OF-DAMAGES DOCTRINE. [Cases: Damages
~62.) duumviri (d[y]oo-;Jm-v;J-n), n. pl. [fr. Latin due "two"
+ viri "men") 1. Roman law. Magistrates elected
or appointed in pairs to hold an office or perform a
function.
duumviri municipales (d[y]oo-;Jm-v;J-n myoo-nis-;J
pay-leez). [Latin) Two judicial magistrates annually
elected in towns and colonies.
duumviri navales (d[y]oo-;Jm-v;J-n n;J-vay-leez).
[Latin] Two officers appointed to man, equip, and
refit the navy.
2. Two peers in authority. -Also termed duoviri.
dux (d;Jks), n. [fr. Latin ducere "to lead"] 1. Roman
law. An army commander. 2. Roman law. A military
governor ofa province . This term was eventually used
also as a title of distinction. 3. Hist. Duke; a title of
nobility. See DUKE.
DWAI. abbr. Driving while ability-impaired. See
DRIVING UNDER THE INFLUENCE.
dwell, vb. (l3c) 1. To remain; to linger <the case dwelled
in her memory>. 2. To reside in a place permanently
or for some period <he dwelled in California for nine
years>.
dwelling defense. See CASTLE DOCTRINE.
dwelling-house. (lSc) 1. The house or other structure in
which a person lives; a residence or abode. 2. Real estate.
The house and all buildings attached to or connected
with the house. 3. Criminal law. A building, a part of
a building, a tent, a mobile home, or another enclosed
space that is used or intended for use as a human habi
tation. The term has referred to connected buildings
in the same curtilage but now typically includes only
the structures connected either directly with the house
or by an enclosed passageway. -Often shortened to
dwelling. -Also termed (archaically) mansion house;
(more broadly) dwelling place. [Cases: Burglary ~
4.]
quasi-dwelling-house. Hist. Any outbuilding, such as
a barn, that is in proximity to the building used as a
residence. See BURGLARY (1).
"A 'dwelling house' or 'dwelling' has been defined in con
nection with the crime of arson as any house intended to be
occupied as a residence, or an enclosed space, permanent
or temporary, in which human beings usually stay, lodge,
or reside. If a building is not used exclusively as a dwelling,
it is characterized as a dwelling if there is internal commu
nication between the two parts of the building. Dwellings
include mobile homes and a boat, if the person resides
on it." 5 Am. Jur. 2d Arson and Related Offenses  13, at
789 (1995).
DWI. abbr. DRIVING WHILE INTOXICATED.
DWOP (dee-wop or doo-wop). abbr. See dismissal for
want ofprosecution under DISMISSAL (1).
DWOP docket. See DOCKET (2).
dyarchy (dI-ahr-kee), n. [fr. Greek dy "two" + archein
"rule"] A government jointly ruled by two people,
such as William and Mary ofEngland. -Also termed
diarchy.

583
"Dyarchy. A term applied by Mommsen to the Roman prin
cipate ... a period in which he held that sovereignty was
shared between the princes and the senate. The term has
also been given to a system of government, promoted as a
constitutional reform in India by Montagu and Chelmsford
and introduced by the Government of India Act, 1919. It
marked the introduction of democracy into the executive of
the British administration of India by dividing the provincial
executives into authoritarian and popularly responsible
sections composed respectively of councillors appointed
by the Crown and ministers appointed by the governor and
responsible to the provincial legislative councils .... The
system ended when full provincial autonomy was granted
in 1935." David M. Walker, The Oxford Companion to Law
386 (1980).
dyathanasia, (dI-ath-a-nay-zha), n. 1be act of permit
ting death to occur naturally by withholding, termi
nating, or not offering life-prolonging treatments or
intervention. Also termed passive mercy killing. See
EUTHANASIA.
Dyer Act. A federal law, enacted in 1919, making it
unlawful either (1) to transport a stolen motor vehicle
across state lines, knowing it to be stolen, or (2) to
receive, conceal, or sell such a vehicle, knowing it dyvour
to be stolen. 18 USC A  2311-2313. -Also termed
National Motor Vehicle Theft Act. [Cases: Automobiles
<>341.]
dyet. See DIET.
dying declaration. See DECLARATION (6).
dying without issue. See FAILURE OF ISSUE.
dynamite charge. See ALLEN CHARGE.
dynamite instruction. See ALLEN CHARGE.
dynasty. 1. A powerful family line that continues for a
long time <an Egyptian dynasty>. 2. A powerful group
ofindividuals who control a particular industry or field
and who control their successors <a literary dynasty>
<a banking dynasty>.
dynasty trust. See TRUST.
dysnomy (dis-nd-mee), n. [fro Greek dys "bad" +
nomos "law"] The enactment of bad legislation. Cf.
EUONOMY.
dyvour (dI-var). Scots law. A person who is heavily in
debt or bankrupt.

E
eadem persona cum defuncto (ee-ay-d;)m p;)r-soh-n;)
k;)m di-bngk-toh). [Law Latin] Hist. The same person
as the decedent.  An heir having full title to the dece
dent's property was legally viewed to be the same
person as the decedent.
ea intentione (ee-;) in-ten-shee-oh-nee). [Latin] With
that intent.
EAJA. abbr. EQUAL ACCESS TO JUSTICE ACT.
E&O insurance. See errors-and-omissions insurance
under INSURANCE.
earl. (12c) A title of nobility, formerly the highest in
England but now the third highest, ranking between a
marquis and a viscount . This title corresponds with
the French comte and the German graf Originating
with the Saxons, this title is the most ancient of the
English peerage. William the Conqueror first made the
title hereditary, giving it in fee to his nobles. No ter
ritorial, private, or judicial rights now accompany the
title; it merely confers nobility and a hereditary seat in
the House of Lords.
earldom. 1he dignity or jurisdiction of an earL. Only
the dignity remains now, the jurisdiction haVing been
given over to the sheriff. See DIGNITY.
earles-penny. Hist. Money given in part payment;
EARNEST. -Also termed earl's penny.
Earl Marshal of England. A great officer of state, who
historically had jurisdiction over several courts, includ
ing the court of chivalry and the court ofhonor . Under
this office is the herald's office, or college of arms. The
Earl Marshal was also a judge ofthe Marshalsea court,
now abolished. This office is quite ancient. Since 1672,
it has been hereditary in the family of Howards, Dukes
of Norfolk. Often shortened to Earl Marshal.
earl's penny. See EARLES-PENNY.
early voting. See VOTING.
earmark, n. (16c) 1. Originally, a mark upon the ear
a mode of marking sheep and other animals. [Cases:
Animals
"When nowadays we say that 'money has no ear-mark,'
we are alluding to a practice which in all probability played
a large part in anCient law. Cattle were ear-marked or
branded, and this enabled their owner to swear that they
were his in whosesoever hands he might find them. The
legal supposition is, not that one ox is indistinguishable
from another ox, but that all oxen, or all oxen of a certain
large class, are equivalent. The possibility of using them as
money has rested on this supposition." 2 Frederick Pollock
& Frederic William Maitland, History ofEnglish Law Before
the Time of Edward 1151-52 (2d ed. 1899).
2. A mark put on something (such as a coin) to distin


-52 (2d ed. 1899).
2. A mark put on something (such as a coin) to distin
guish it from another. earmark, vb. 1. To mark with an earmark. 2. To set aside
for a specific purpose or recipient.
earmarking doctrine. Bankruptcy. An equitable prin
ciple that when a new lender makes a loan to enable a
debtor to payoff a specified creditor, the funds are spe
cifically set aside for that creditor so that, if the debtor
lacks control over the disposition of the funds, they do
not become part ofthe debtor's estate and thus subject
to a preference. lCases: Bankruptcy (::::J261O.]
earn, vb. (bef. 12c) 1. To acquire by labor, service, or
performance. 2. To do something that entitles one to a
reward or result, whether it is received or not.
earned income. See INCOME.
earned-income credit. See TAX CREDIT.
earned land. See LA:ND.
earned premium. See PREMIUM (1).
earned surplus. See retained earnings under EARNINGS.
earned time. See TIME.
earner. 1. One who produces income through personal
efforts or property or both. 2. Property or an asset that
produces income for its owner.
earnest, n. (13c) 1. A nominal payment or token act that
serves as a pledge or a sign of good faith, esp. as the
partial purchase price ofproperty . Though not legally
necessary, an earnest may help the parties come to an
agreement. 2. EARNEST MONEY.
earnest money. (l6c) A deposit paid (often in escrow)
by a prospective buyer (esp. of real estate) to show a
good-faith intention to complete the transaction, and
ordinarily forfeited if the buyer defaults . Although
earnest money has traditionally been a nominal sum
(such as a nickel or a dollar) used in the sale ofgoods,
it is not a mere token in the real-estate context: it is
generally a percentage of the purchase price and may
be a substantial sum. -Also termed earnest; bargain
money; caution money; hand money. Cf. BINDER (2);
down payment under PAYMENT. [Cases: Vendor and
Purchaser C--Y69.1, 182.]
"The amount of earnest money deposited rarely exceeds 10
percent of the purchase price, and its primary purpose is to
serve as a source of payment of damages should the buyer
default. Earnest money is not essential to make a purchase
agreement binding if the buyer's and seller's exchange
of mutual promises of performance (that is, the buyer's
promise to purchase and the seller's promise to sell at a
specified price and terms) constitutes the consideration for
the contract." John W. Reilly. The Language ofReal Estate
131 (4th ed. 1993).
earnest-penny. See GOo's PENNY.
earning asset. See ASSET.
earning capacity. (1872) A person's ability or power to
earn money, given the person's talent, skills, training,

585
and experience . Earning capacity is one element con
sidered when measuring the damages recoverable in
a personal-injury lawsuit. And in family law, earning
capacity is considered when awarding child support
and spousal maintenance (or alimony) and in dividing
property between spouses upon divorce. -Also termed
earning power. See LOST EARNING CAPACITY.
earnings. (16c) Revenue gained from labor or services,
from the investment of capital, or from assets. See
INCOME.
appropriated retained earnings. Retained earnings
that a company's board deSignates for a distinct use,
and that are therefore unavailable to pay dividends or
for other uses. Also termed appropriated surplus;
surplus revenue; suspense reserve.
earnings before interest and taxes. Corporations. A
company's income calculated without deductions for
interest expenses and taxes, used as a measure ofthe
company's ability to generate cash flow from ongoing
operations.- Abbr. EBIT.
earnings before interest, taxes, and depreciation. Cor
porations. A company's income without deductions
for interest expenses, taxes, depreciation expenses,
or amortization expenses, used as an indicator of a
company's profitabilty and ability to service its debt.
-Abbr. EBITDA.
future earnings. See lost earnings.
gross earnings. See gross income under INCOME.
lost earnings. Wages, salary, or other income that a
person could have earned if he or she had not lost
a job, suffered a disabling injury, or died. Lost
earnings are typically awarded as damages in per
sonal-injury and wrongful-termination cases. There
can be past lost earnings and future lost earnings.
Both are subsets ofthis category, though legal writers
sometimes loosely use future earnings as a synonym
for lost earnings. Cf. LOST EARNING CAPACITY. [Cases:
Damages 037.]
net earnings. See net income under INCOME.
normalized earnings. Corporations. Earnings adjusted
for inflation and to remove elements that are extraor
dinary, nonrecurring, nonoperating, or otherwise
unusuaL
ongoing earnings. See operating earnings.
operating earnings. Business income calculated in
violation ofgenerally accepted accounting principles
by including income items and excluding various
business expenses . Many companies use operat
ing earnings to favorably skew their price-earnings
(PIE) ratios. Because the rationales for the underly
i!1g calculations vary from company to company, and
trom period to period within a company, operating
earnings are almost always artificially inflated and
unreliable. The term operating earnings is meaningless
under generally accepted accounting principles.
Also termed pro forma earnings; economic earnings; easement
core earnings; ongoing earnings; earnings excluding
special items. See PRICE-EARNINGS RATIO.
pretax earnings. Net earnings before income taxes.
pro forma earnings. See operating earnings.
real earnings. Earnings that are adjusted for inflation
so that they reflect actual purchasing power.
retained earnings. A corporation's accumulated
income after dividends have been distributed. -Also
termed earned surplus; undistributed profit. [Cases:
Corporations (;:::::> 151.J
surplus earnings. The excess of corporate assets over
liabilities within a given period, usu. a year. [Cases:
Corporations <.':;=) 152.J
earnings and profits. Corporations. In corporate
taxation, the measure of a corporation's economic
capacity to make a shareholder distribution that is not
a return ofcapital.  The distribution will be dividend
income to the shareholders to the extent ofthe corpo
ration's current and accumulated earnings and profits.
Cf. accumulated-earnings tax under TAX; accumulated
taxable income under INCOME. [Cases: Internal Revenue
03830.1-3845.]
earnings before interest and taxes. See EARNINGS.
earnings before interest, taxes, and depredation. See
EARNINGS.
earnings excluding special items. See operating earnings
under EARNINGS.
earnings per share. Corporations. A measure of cor
porate value by which the corporation's net income
is divided by the number of outstanding shares of
common stock.  Investors benefit from calculating a
corporation's earnings per share, because it helps the
investors determine the fair market value of the cor
poration's stock. Abbr. EPS.
fully diluted earnings per share. A corporation's net
income -assuming that all convertible securities
had been transferred to common equity and all stock
options had been exercised -divided bv the number
of shares of the corporation's outstanding common
stock.
earnings-price ratio. See earnings yield under YIELD.
earnings report. See INCOME STATEMENT.
earnings yield. See YIELD.
earnout agreement. (1977) An agreement for the sale
of a business whereby the buyer first pays an agreed
amount up front, leaVing the final purchase price to be
determined by the business's future profits . The seller
usu. helps manage the business for a period after the
sale. -Sometimes shortened to earnout.
earwitness. (l6c) A witness who testifies about some
thing that he or she heard but did not see. Cf. EYEWIT
NESS.
easement (eez-m;>nt). (l4c) An interest in land owned by
another person, consisting in the right to use or control
the land, or an area above or below it, for a specific

586 easement
limited purpose (such as to cross it for access to a public
road). The land benefiting from an easement is called
the dominant estate; the land burdened by an easement
is called the servient estate. Unlike a lease or license,
an easement may last forever, but it does not give the
holder the right to possess, take from, improve, or sell
the land. The primary recognized easements are (1) a
right-of-way, (2) a right ofentry for any purpose relating
to the dominant estate, (3) a right to the support ofland
and buildings, (4) a right of light and air, (5) a right to
water, (6) a right to do some act that would otherwise
amount to a nuisance, and (7) a right to place or keep
something on the servient estate. See SERVITUDE (1). Cf.
PROFIT APRENDRE. -Also termed private right-of-way.
[Cases: Easements C=:> 1.]
access easement. (1933) An easement allowing one or
more persons to travel across another's land to get to a
nearby location, such as a road . The access easement
is a common type of easement by necessity. -Also
termed easement ofaccess; easement ofway; easement
ofpassage.
adverse easement. See prescriptive easement.
affirmative easement. (1881) An easement that forces
the servient -estate owner to permit certain actions by
the easement holder, such as discharging water onto
the servient estate. -Also termed positive easement.
Cf. negative easement.
"Positive easements give rights of entry upon the land of
another, not amounting to profits, to enable something to
be done on that land. Some are commonplace, examples
being rights of way across the land of another and rights
to discharge water on to the land of another. Others are
more rare, such as the right to occupy a pew in a church,
the right to use a kitchen situated on the land of another
for the purpose of washing and drying clothes, and the
right to use a toilet situated on the land of another." Peter
Butt, Land Law 305 (2d ed. 1988).
apparent easement. (1851) A visually evident easement,
such as a paved trail or a sidewalk. [Cases: Easements
C=:>22.]
appendant easement. See easement appurtenant.
appurtenant easement. See easement appurtenant.
avigational easement. An easement permitting unim
peded aircraft flights over the servient estate. -Also
termed avigation easement; aviation easement;flight
easement; navigation easement. [Cases: Aviation C=:>
3.]
common easement. (18c) An easement allowing the
servient landowner to share in the benefit of the
easement. -Also termed nonexclusive easement.
[Cases: Easements C=:>38.]
continuous easement. (1863) An easement that may be
enjoyed without a deliberate act by the party claiming
it, such as an easement for drains, sewer pipes, lateral
support ofa wall, or light and air. -Also termed (in
Louisiana) continuous servitude. Cf. discontinuous
easement. [Cases: Easements C=:>38.]
conservation easement. Property. A recorded, perpet
ual, nonpossessory interest in real property held by a government entity or by a qualified nonprofit entity
that imposes restrictions or affirmative obligations
on the property's owner or lessee to retain or protect
natural, scenic, or open-space values ofreal property,
ensure its availability for agricultural, forest, recre
ational, or open-space use, protect natural resources
and habitat, maintain or enhance air or water quality,
or preserve the historical, architectural, archeologi
cal, or cultural aspects of the real property. -Also
termed conservation restriction; conservation servi
tude.
determinable easement. An easement that terminates
on the happening of a specific event.
discontinuous easement. (1867) An easement that
can be enjoyed only if the party claiming it delib
erately acts in some way with regard to the servient
estate. Examples are a right-of-way and the right to
draw water. -Also termed discontinuing easement;
noncontinuous easement; nonapparent easement; (in
Louisiana) discontinuous servitude. Cf. continuous
easement. [Cases: Easements C=:>38.]
easement appurtenant. (18lO) An easement created to
benefit another tract ofland, the use of easement being
incident to the ownership ofthat other tract. -Also
termed appurtenant easement; appendant easement;
pure easement; easement proper. Cf. easement in gross.
[Cases: Easements C=:>3.]
easement by estoppel. (1907) A court-ordered easement
created from a voluntary servitude after a person,
mistakenly believing the servitude to be permanent,
acted in reasonable reliance on the mistaken belief.
[Cases: Estoppel C=:>83(1), 87.]
easement by implication. See implied easement.
easement by necessity. (1865) An easement created by
operation of law because the easement is indispens
able to the reasonable use ofnearby property, such as
an easement connecting a parcel ofland to a road.
Also termed easement of necessity; necessary way.
[Cases: Easements C=:> 18.]
easement by prescription. See prescriptive easement.
easement in gross. (1866) An easement benefiting a
particular person and not a particular piece ofland.


easement in gross. (1866) An easement benefiting a
particular person and not a particular piece ofland.
 The beneficiary need not, and usu. does not, own
any land adjoining the servient estate. Cf. easement
appurtenant. [Cases: Easements C=:>3.]
easement ofaccess. See access easement.
easement ofconvenience. An easement that increases
the facility, comfort, or convenience of enjoying the
dominant estate or some right connected with it.
easement ofnatural support. See lateral support under
SUPPORT (4).
easement ofnecessity. See easement by necessity.
easement ofpassage. See access easement.
easement ofway. See access easement.
easement proper. See easement appurtenant.

587
equitable easement. (1869) 1. An implied easement
created by equity when adjacent lands have been
created out of a larger tract. _ Such an easement is
usu. created to allow implied privileges to continue.
[Cases: Easements <r'-=> 16.) 2. See restrictive covenant
(1) under COVENANT (4).
exclusive easement. An easement that the holder has
the sole right to use. Cf. common easement. [Cases:
Easements C=> 52.]
flight easement. See avigational easement.
floating easement. An easement that, when created, is
not limited to any specific part ofthe servient estate.
[Cases: Easements C=>46.]
flowage easement. A common-law easement that gives
the dominant-estate owner the right to flood a servient
estate, as when land near a dam is flooded to maintain
the dam or to control the water level in a reservoir.
[Cases: Waters and Water Courses C=> 165.]
implied easement. (1867) An easement created by law
after an owner of two parcels ofland uses one parcel
to benefit the other to such a degree that, upon the
sale of the benefited parcel, the purchaser could rea
sonably expect the use to be included in the sale.
Also termed easement by implication, way ofnecessity.
[Cases: Easements C=> 15-19.]
intermittent easement. An easement that is usable or
used only from time to time, not regularly or con
tinuously.
land-conservation easement. Property. An easement
arising from an agreement between a landowner and
a land trust to provide for the protection of the land
in its natural state while perhaps also allowing the
property to be used for agricultural or lOW-impact
recreational activities. _ The easement runs with the
land. Also termed land-conservation agreement;
land-preservation easement.
light-and-air easement. (1940) A negative easement
preventing an adjoining landowner from construct
ing a building that would prevent light or air from
reaching the dominant estate. See negative easement.
Cf. solar easement. [Cases: Easements 11, 19,
45.]
mineral easement. An easement that permits the
holder to enter the property to remove minerals from
it. [Cases: Mines and Minerals C=>55(6).1
navigation easement. I. An easement giving the federal
government the right to regulate navigable waters,
even when the regulation interferes with private water
rights. [Cases: NaVigable Waters C=> 16.] 2. See avi
gational easement.
negative easement. (1861) An easement that prohibits
the servient-estate owner from doing something, such
as building an obstruction. Cf. affirmative easement.
[Cases: Covenants 51(2), 68, 69(2); Easements
C=> 13.J
"Negative easements ... confer no right of entry, but
consist essentially of the right to prevent something being easement
done; examples are the right to the flow of air through
defined aperture, the right to receive light for a building,
the right to the support of a building, and (possibly) the
right to require a neighbouring landowner to repair fences."
Peter Butt, Land Law 305 (2d ed. 1988).
nonapparent easement. See discontinuous easement.
noncontinuous easement. See discontinuous easement.
nonexclusive easement. See common easement.
positive easement. See affirmative easement.
prescriptive easement. (1838) An easement created
from an open, adverse, and continuous use over a
statutory period. -Also termed easement by pre
scription; adverse easement. See ADVERSE POSSESSION.
[Cases: Easements
private easement. An easement whose enjoyment
is restricted to one specific person or a few specific
people. [Cases: Easements C=>52.]
public easement. An easement for the benefit of an
entire community, such as the right to travel down a
street or a sidewalk.
pure easement. See easement appurtenant.
quasi-easement. 1. An easement-like right occur
ring when both tracts ofland are owned by the same
person. - A quasi-easement may become a true
easement if the landowner sells one of the tracts. 2.
An obligation or license that relates to land but that
is not a true easement for example, a landowner's
obligation to maintain the fence between the land
owner's tract and someone else's tract.
reciprocal negative easement. An easement created
when a landowner sells part ofthe land and restricts
the buyer's use of that part, and, in turn, that same
restriction is placed on the part kept by the land
owner. -Such an easement usu. arises when the
original landowner creates a common scheme of
development for smaller tracts that are carved out
ofthe original tract. [Cases: Covenants C=>20; Ease
ments C=> B.]
reserved easement. An easement created by the grantor
of real property to benefit the grantor's retained
property and to burden the granted property. [Cases:
Easements C=> 14.]
secondary easement. An easement that is appurtenant
to the primary or actual easement; the right to do
things that are necessary to fully enjoy the easement
itself. [Cases: Easements C=>38.]
solar easement. (1982) An easement created to protect
the dominant estate's exposure to direct sunlight.
A solar easement is often created to prevent the ser
vient-estate owner from constructing any building
that would cause shadows on the dominant estate,
thus interfering with the use of a solar-energy system.
Cf.light-and-air easement. [Cases: Easements G:J11,
19,45.]
"Solar easements ... remain difficult to describe because
of the relationship of the sun to the earth. Shadow vari
ables include land slope, terrain. solar orientation, latitude,
time of day, and height of potential obstructions. Lawyers,

588 Easter-offerings
engineers, land planners, title companies and others have
expressed concern over the complexity required to write
a solar easement containing highly detailed, technical
information often included in these easements." Sandy F.
Kraemer, Solar Law 42 (l978).
timber easement. An easement that permits the holder
to cut and remove timber from another's property.
Also termed timber rights. [Cases: Logs and Logging
Easter-offerings. Eccles. law. Small sums ofmoney paid
as personal tithes to the parochial clergy by the parish
ioners at Easter. -Under the Recovery ofSmall Tithes
Act (1695), Easter-offerings were recoverable before
justices of the peace. St. 7 & 8 Will. 3, ch. 6. Also
termed Easter-dues.
Easter sittings. English law. A term of court beginning
on April 15 ofeach year and usu. ending on May 8, but
sometimes extended to May 13. -This was known until
1875 as Easter term. Cf. HILARY SITTINGS; MICHAELMAS
SITTINGS; TRINITY SITTINGS.
East Greenwich (eest gren-ich). Rist. The name ofa royal
manor in the county of Kent, England. _ Historically,
this manor was mentioned in royal grants or patents
as descriptive of the tenure of free socage.
East India Company. Rist. The company that was orig
inally established to pursue exclusive trade between
England and India, and that later became more active
in political affairs than in commerce. _ In 1858, the
Government ofIndia Act transferred governance over
the company's territories to the Crown. The company
was dissolved in 1874. St. 21 & 22 Vict., ch. 106.
EAT. abbr. Earnings after taxes.
eat inde sine die (ee-at in-dee sl-nee dI-ee) [Latin] Let
him go thence without day. _ These words were used
on a defendant's acquittal, or when a prisoner was to
be discharged, to signify that the matter be dismissed
without any further judicial proceedings. See GO HENCE
WITHOUT DAY.
eaves-drip. 1. 'The dripping of water from the eaves of
a house onto adjacent land. 2. An easement permit
ting the holder to allow water to drip onto the servient
estate. See DRIP RIGHTS; STILLICIDIUM. [Cases: \-Vaters
and Water Courses ~-:>121.]
eavesdropping. (I7c) The act of secretly listening to the
private conversation of others without their consent.
Cf. BUGGING; WIRETAPPING. [Cases: Telecommunica
tions 1435.]
EB. abbr. Bt/REAU OF ECONOMIC AND BUSINESS AFFAIRS.
ebba et fluctus (eb-a et 113k-tas), n. [Latin "ebb and flow"]
Hist. The ebb and flow oftide; ebb and flood. _ The time
ofone ebb and flood, plus an additional 40 days, was
anciently granted to a person who was excused from
court for being beyond seas. See EBB A ND FLOW; ESSOIN;
BEYOND SEAS.
ebb and flow. (bef. 12c) The coming and going of the
tides. -This expression was formerly used to denote the
limits ofadmiralty jurisdiction. The tidewater limitation was abandoned in The Genesee Chief v. Fitzhugh,
53 U.S. (12 How.) 443 (1851).
ebdomadarius (eb-dom-a-dair-ee-as), n. [Latin
"weekly] Eccles. law. An officer in a cathedral church
who supervises the regular performance of divine
service and prescribes the duties ofchoir members.
EBIT. abbr. See earnings before interest and taxes under
EARNINGS.
EBITDA. abbr. See EARNINGS.
ebriety, n. Rare. A state or habit ofintoxication; inebria
tion.
EC. abbr. 1. ETHICAL CONSIDERATION. 2. European
Community. See EUROPEAN UNION.
ecclesia (i-klee-z[hlee-a), n. [Latin fro Greek ekklesia
"assemblyll. A place ofreligious worship. 2. A Chris
tian assembly; a church.
ecclesiarch (i-klee-zee-ahrk), n. The ruler ofa church.
ecclesiastic (i-klee-zee-as-tik), n. (17c) A clergyman: a
priest; one consecrated to the service of the church.
[Cases: Religious Societies C=27.]
ecclesiastical (i-klee-zee-as-ti-bl), adj. (I5c) Of or
relating to the church, esp. as an institution. Also
termed ecclesiastic. [Cases: Religious Societies
ecclesiastical authorities. The church's hierarchy,
answerable to the Crown, but set apart from the rest
of the citizens, responsible for superintending public
worship and other religiOUS ceremonies and for admin
istering spiritual counsel and instruction. _ In England,
the several levels ofthe clergy are (1) archbishops and
bishops, (2) deans and chapters, (3) archdeacons, (4)
rural deans, (5) parsons (under whom are included
appropriators) and vicars, and (6) curates. Church
wardens, sidesmen, parish clerks, and sextons are also
considered types of ecclesiastical authorities because
their duties are connected with the church. Cf. ecclesi
astical court under COURT.
ecclesiastical commissioners. Rist. English law. A group
of people empowered to suggest measures to improve
the established church's efficiency, to be ratified by
orders in counciL -This body of commissioners, estab
lished in 1836 by the Ecclesiastical Commissioners Act
(St. 6 & 7 WilL 4, ch. 77), has been dissolved. Its func
tions, rights, and property are now vested in the church
commissioners.
ecclesiastical controversy. A civil claim based on the
decision of a religiOUS association's tribunal against
one or more members of the association. -If the
decision relates solely to matters within the church,
such as church governance or questions offaith, secular
courts have no jurisdiction to hear what is effectively an
appeal. See Watson v. Jones, 80 U.S. 679, 728-29 (1871).
[Cases: Religious Societies C=14,24.]
ecclesiastical corporation. See CORPORATION.
ecclesiastical court. See COURT.

589
ecclesiastical jurisdiction. Jurisdiction over ecclesiasti
cal cases and controversies, such as that exercised by
ecclesiastical courts.
ecclesiastical law. 1. The body oflaw derived largely from
canon and civil law and administered by the ecclesiasti
cal courts. [Cases: Religious Societies {~5.]2. The law
governing the doctrine and discipline ofa particular
church; esp., Anglican canon law. -Also termed jus
ecclesiasticum; law spiritual. Cf. CANON LAW.
ecclesiastical


termed jus
ecclesiasticum; law spiritual. Cf. CANON LAW.
ecclesiastical matter. A matter that concerns church
doctrine, creed, or form of worship, or the adoption
and enforcement, within a religious association, oflaws
and regulations to govern the membership, including
the power to exclude from such an association those
deemed unworthy of membership. [Cases: Religious
Societies 28.]
ecclesiastical sentence. The judgment in an ecclesiasti
cal case.
ecclesiastical things. Property (such as buildings and
cemeteries) given to a church to support the poor or
for any other pious use. [Cases: Religious Societies
15.]
ecclesiastical-tithe rentcharge. See RENTCHARGE.
ecdicus (ek-d;.l-k;.ls), n. [Greek ekdikos "legal represen
tative"] Hist. "The attorney, proctor, or advocate of an
organization . A church's attorney, for example, was
known as an episcoporum ecdicus.
e-check. See CHECK.
echevin (esh-;.l-van), n. French law. A municipal officer
corresponding with the position of alderman or
burgess, and sometimes having civil jurisdiction to
hear and determine certain minor cases.
echouement (ay-shoo-mawn), n. In French marine law,
stranding. See STRANDING.
ECJ. abbr. European Court ofJustice.
ECOA. abbr. EQUAL CREDIT OPPORTUNITY ACT.
ecological terrorism. See ecoterrorism under TERROR
ISM.
ecology ofcrime. See environmental criminology under
CRIMINOLOGY.
e-commerce. (1993) The practice of buying and selling
goods and services through online consumer services
on the Internet . The e, a shortened form of electronic,
has become a popular prefix for other terms associated
with electronic transactions. See ELECTRONIC TRANS
ACTION.
E-Commerce Directive. See DIRECTIVE ON CERTAIN
ASPECTS OF ELECTRONIC COMMERCE IN THE INTERNAL
MARKET.
e-commerce insurance. See INSURANCE.
econometrics (ee-kon-;.l-me-triks). The branch of eco
nomics that expresses economic theory in mathe
matical terms and that seeks to verify theory through
statistical methods.
economic coercion. See COERCION (2). economic loss
economic crime. See CRIME.
economic-cure trade embargo. See EMBARGO (3).
economic depreciation. See DEPRECIATION.
Economic Development Administration. A unit in the
U.S. Department ofCommerce responsible for helping
to develop local economies and distressed areas by
making grants for public works and development facili
ties that are deSigned to reduce persistent unemploy
ment in economically distressed areas. _ The agency
was created in 1965 by the Public Works and Economic
Development Act. Abbr. EDA.
economic discrimination. (1919) Any form ofdiscrimi
nation within the field of commerce, such as boycot
ting a particular product or price-fixing. See BOYCOTT;
PRICE DISCRIMINATION; PRICE-FIXING.
economic duress. See DURESS.
economic earnings. See operating earnings under
EARNINGS.
Economic Espionage Act. Trade secrets. A 1996 federal
statute criminalizing the misappropriation of trade
secrets and providing criminal penalties for industrial
espionage by or for a foreign entity . The Act also
applies to one who knowingly receives, purchases, or
possesses stolen trade-secret information. 18 USCA
 1831-1839. Sometimes termed Industrial EspiO
nage Act.
economic frustration. See commercial frustration under
FRUSTRATION.
economic goodwill. See GOODWILL.
economic-harm rule. See ECONOMIC-LOSS RULE.
economic indicator. (1903) A statistical measure (such
as housing starts) used to describe the state of the
economy or to predict its direction. See INDICATOR.
lagging economic indicator. An economic indicator
(such as new-home sales) that tends to respond to
the direction of the economy. -Often shortened to
lagging indicator.
leading economic indicator. An economic indica
tor (such as interest rates) that tends to predict the
future direction of the economy. Often shortened
to leading indicator.
economic life. The duration of an asset's profitability,
usu. shorter than its physical life.
economic loss. (1905) A monetary loss such as lost
wages or lost profits . The term usu. refers to a type
of damages recoverable in a lawsuit. For example, in a
products-liability suit, economic loss includes the cost
of repair or replacement of defective property, as well
as commercial loss for the property's inadequate value
and consequent loss ofprofits or use. [Cases: Damages
<':=36,40(1); Products LiabilityC;:::> 156.]
consequential economic loss. Economic loss that proxi
mately results from a defective product and that is
beyond direct economic loss. Examples include
lost profits and loss of goodwill or business reputa

590 economic-loss rule
tion. [Cases: Damages Products LiabilityC=)
156.J
direct economic loss. Economic loss flowing directly
from insufficient product quality. The most
common type is loss-of-bargain damages ~the dif
ference between the actual value ofgoods accepted
and the value they would have had if they had been
delivered as promised or warranted. [Cases: Products
Liability 0='156; Torts 0='118.]
economic-loss rule. (1976) Torts. The principle that
a plaintiff cannot sue in tort to recover for purely
monetary loss ~as opposed to physical injury or
property damage ~caused by the defendant.  Many
states recognize an exception to this rule when the
defendant commits fraud or negligent misrepresenta
tion, or when a special relationship exists between the
parties (such as an attorney-client relationship). -Also
termed economic-harm rule; economic-loss doctrine.
[Cases: Torts 0='118.J
"One way the courts have attempted to draw a line between
tort and warranty is to bar recovery for 'economic 105s' in
tort. In some states this common law doctrine has achieved
the status of the 'economic loss doctrine,' meaning that
once loss is defined as 'economic' it cannot be recovered at
least in negligence or strict tort and perhaps not in fraud or
misrepresentation." 1 JamesJ. White & Robert S. Summers,
Unifoym Commercial Code  105, at 581 (4th ed. 1995).
economic obsolescence. See OBSOLESCENCE.
economic-out clause. See MARKET-OUT CLAUSE.
economic-realities test. (1956) A method by which a
court determines the true nature ofa business transac
tion or situation by examining the totality ofthe com
mercial circumstances . Courts often use this test to
determine whether a person is an employee or an inde
pendent contractor. Factors include whether the alleged
employer controls the details ofthe work and whether
taxes are withheld from payments made to the worker.
[Cases: Labor and Employment 29.)
economic rent. 1. The return gained from an economic
resource (such as a worker or land) above the minimum
cost of keeping the resource in service. 2. Rent that
yields a fair return on capital and expenses.
Economic Research Service. An agency in the U.S.
Department ofAgriculture responsible for compiling
and analyzing information about domestic and inter
national agricultural developments. -Abbr. ERS.
economic right. (usu. pl.) Copyright. A legal interest and
power that concerns a financial benefit from a work, as
distinguished from a moral interest that a creator has
in a creation. The term is mostly used in civil-law
countries that recognize creators' moral rights.
economics. The social science dealing with the pro
duction, distribution, and consumption ofgoods and
services.
Economics and Statistics Administration. A unit in the
U.S. De\?artment ofCommerce res1?onsible for main
taining high-quality standards ofstatistical reporting
in the federal government and for responding to the
needs of the Department of Commerce and the rest of the executive branch for statistical information
and analysis. The unit comprises the Bureau of the
Census, the Bureau ofEconomic Analysis, and STAT
USA. -Abbr. ESA.
economic strike. See STRIKE.
economic-substance doctrine. Tax. The principle that a
transaction must be treated as a sham for tax purposes
if(l) the transaction has no genuine business purpose,
and (2) there is no reasonable possibility that it will
generate a profit in the absence oftax benefits. [Cases:
Internal Revenue C:=>3071.)
economic substantive due process. See DUE PROCESS.
economic warfare. See WARfARE.
economic unit. Eminent domain. In a partial-condem
nation case, the property that is used to determine
the fairmarket value of the portion that is taken by
eminent domain. The land taken may be a large or
small portion ofthe entire property. To determine how
much property to include in an economic unit, three
factors are weighed: (1) unity ofuse, (2) unity ofowner
ship, and (3) contiguity. Of these, the most important
is unity of use. See LARGER PARCEL.
economic waste. Overproduction or excessive drilling
ofoil or gas. [Cases: Mines and Minerals C:=>78.1(1l),
92.53.)
economist. (l6c) A professional who studies economics
and the economy; a specialist in economics.
economy. (15c) 1. The management or administration of
the wealth and resources ofa community (such as a city,
state, or country). 2. The sociopolitical organization
ofa community's wealth and resources. 3. Restrained,
thrifty, or sparing use ofresources; efficiency.
balanced economy. An economy in which the monetary
values ofimports and exports are equal.
black economy. See SHADOW ECONOMY.
judicial economy. See JUDICIAL ECONOMY.
overheated economy. An economy that, although it has
a high level ofeconomic activity, has the capacity to
cause interest rates and inflation to rise.
political economy. A social science dealing with the
economic problems ofgovernment and the relationship
between political policies and economic processes.
shadow economy. See SHADOW ECOKOMY.
underground economy. See SHADOW ECONOMY.
economy of scale. (usu. pl.) A decline in a product's
per-unit production cost resulting from increased
output, usu. due to increased production facilities;
savings resulting from the greater efficiency oflarge
scale processes.
e contra (ee kon-tr;J). [Latin] On the contrary.
e-contract, n. 1. POINT-AND-CLICK AGREEMENT. 2. Anv
tl;'l?e of contract formed in the course ofe-commerc~
by (1) the interaction oftwo or more individuals using
electronic means, such as e-mail, (2) the interaction
of an individual with an electronic agent, such as a

591
computer program, or (3) the interaction of at least
two electronic agents that are programmed to recog
nize the existence of a contract.  Sections 202-17 of
the Uniform Computer Information Transactions Act
provide rules for the formation, governance, and basic
terms ofan e-contract. Traditional contract principles
and remedies usu. apply to e-contracts. Also termed
electronic contract. See ELECTRO:'lIC AGENT.
e-contract, vb. To form a binding agreement by means of a
computer or other electronic or automated technology.
e converso (ee kan-var-soh). [Latin] Conversely; on the
other hand; on the contrary.
ecosabotage. See ecoterrorism under TERRORISM.
ecoterrorism. See TERRORISM.
ecovandalism. See ecoterrorism under TERRORISM.
ECU. abbr. EUROPEAN CURRENCY UNIT.
ecumenical (ek-ya-men-a-kal), adj. (16c) 1. General; uni
versal. 2. Interreligious; interdenominational.
E.D. abbr. Eastern District, in reference to U.S. judicial
districts.
EDA. abbr. ECONOMIC DEVELOPMENT ADMINISTRATION.
edge lease. See LEASE.
EDI agreement. abbr. Electronic Data Interchange
agreement; an agreement that governs the transfer or
exchange of data, such as purchase orders, between
parties by computer.  Electronic data transmitted
under an EDI agreement is usu. formatted according
to an agreed standard, such as the American National
Standards Institute ANSI X12 standard or the U.N.
EDIFACT standard.
edict (ee-dikt), n. [fro Latin edictum] (l4c) A formal
decree, demand, or proclamation issued by the sov
ereign of a country. In some countries, an edict has
legal force equivalent to that of a statute. For Roman
law edicts, see EDICTUM.
perpetual edict. See edictum perpetuum under EDIC
TUM.
praetorian edict (pri-tor-ee-an). See edictum praetoris
under EDICTUM.
edictal (ee-dik-tal), adj. (17c) Of, relating to, conSisting
of, or pronounced in one or more edicts. -edictally,
adv.
edictal citation. Scots & Roman Dutch law. A form of
summons to appear in court, treated as having been
served by public proclamation when personal service
is impossible (as when a defendant is out of Scotland
or cannot be found). -Also termed edictal intimation.
See substituted service under SERVICE.
edictal interdict. See INTERDICT (1).
edictal intimation. See EDICTAL CITATION.
edicta magistratuum. See JUS HONORARIUM.
Edicts ofJustinian. Roman law. Thirteen constitutions
or laws ofJustinian, appended to the Greek collection


Edicts ofJustinian. Roman law. Thirteen constitutions
or laws ofJustinian, appended to the Greek collection
ofthe Novels in the Venetian manuscript . The Edicts edictum
were confined to administrative matters in the prov
inces of the Roman Empire. They were not known to
the glossators.
edictum (a-dik-tam), n. [Latini Roman law. 1. In imperial
Rome, an edict or mandate; an ordinance or law pro
claimed by the emperor . An edict was a constitution
of the emperor acting on his own initiative, differing
from a rescript in not being returned in the way of
answer; from a decree in not being given in judgment;
and from both in not being founded upon solicitation.
As an imperial constitution, it had the force oflaw. 2.
A declaration by a magistrate relevant to his jurisdic
tion or area of competence; esp., the pronouncement
ofa magistrate of the principles by which he proposed
to act in office. See edictum annuum; FORMULA (1). Pi.
edicta.
edictum aedilicium (ee-dik-tam ee-da-lish-ee-am).
A curule aedile's edict regarding sales in the public
market; esp., an edict giving remedies for sales of
defective goods, animals, or slaves . An aedile could,
for instance, declare that sellers would be strictly
liable for latent defects in goods, and dictate how
dogs and wild animals for sale should be confined to
protect the public. -Also written aedilitium edictum.
Pl. edicta aedilicia.
edictum annuum (an-yoo-am). An edict issued by a
praetor at the beginning ofthe one-year term ofoffice.
PI. edicta annua.
edictum perpetuum (par-pech-oo-dm). The urban prae
tor's edict in its permanent form, edited by Julian in
A.D. 131 and given legislative force . This term origi
nally had the narrower sense ofthe praetors' general
edicts as opposed to edicts issued in specific cases.
Also termed perpetual edict. PI. edicta perpetua.
edictum praetoris (pri-tor-ds). The proclamation issued
by a praetor at the start ofthe year's term, explaining
the grounds on which a formula would be granted.
Also termed praetorian edict. See edictum annuum;
FORMULA (1).
edictum provinciale (pra-vin-shee-ay-Iee). An edict
or system of rules for the administration ofjustice,
modeled on edictum praetoris, issued by the provin
cial governors in the Roman Empire. PI. edicta pro
vincialia.
edictum repentinum (rep-an-tI-nam). [Latin] Roman
law. A supplementary edict issued to deal with some
emergency. This term was contrasted with edictum
perpetuum. PI. edicta repentina.
Edictum Theodorici (thee-a-da-rI-sr). A collection of
laws applicable to both Romans and Goths, issued by
Theodoric, king ofthe Ostrogoths, at Rome about A.D.
500, or perhaps by Theodoric III, king ofthe Visigoths
in Gaul about A.D. 460.
edictum tralatitium (tral-a-tish-ee-am). A praetor's
edict that retained all or a principal part of the pre
decessor's edict, with only such additions as appeared
necessary to adapt it to changing social conditions or
juristic ideas . This had become standard practice by

592 edile
the end of the Republic. -Also spelled edictum tral
acticium (tral-ak-tish-ee-Clm). PI. edicta tralatitia.
edile (ee-dIl). See AEDILE.
editorial privilege. See journalist's privilege (2) under
PRIVILEGE (3).
editus (ed-a-t<ls), adj. Hist. 1. (Of a statute or rule)
enacted; promulgated. 2. (Of a child) born; brought
forth.
Edmunds-Tucker Act. An 1882 federal law enacted to
punish polygamy. 48 USC A  1480a. -Sometimes
shortened to Edmunds Act. [Cases: Bigamy C= L1
educational expense. See EXPENSE.
educational institution. 1. A school, seminary, college,
university, or other educational facility, though not
necessarily a chartered institution. [Cases: Schools
2. As used in a zoning ordinance, all buildings
and grounds necessary to accomplish the full scope of
educational instruction, including those things essen
tial to mental, moral, and physical development. [Cases:
Zoning and Planning C:::>288.]
educational neglect. See NEGLECT.
educational trust. See TRUST.
education individual retirement account. See INDIVID
UAL RETIREMENT ACCOUNT.
EEC. abbr. European Economic Community. See
EUROPEAN UNION.
EEOC. abbr. EQUAL EMPLOYMENT OPPORTUNITY COM
MISSION.
EEZ. abbr. EXCLUSIVE ECONOMIC ZONE.
effect, n. (l4c) 1. Something produced by an agent or
cause; a result, outcome, or consequence. 2. The result
that an instrument between parties will produce on
their relative rights, or that a statute will produce on
existing law, as discovered from the language used, the
forms employed, or other materials for construing it.
effect, vb. (l6c) To bring about; to make happen <the
improper notice did not effect a timely appeal>.
effective, adj. (14c) 1. (Of a statute, order, contract, etc.)
in operation at a given time <effective June 1>. A
statute, order, or contract is often said to be effective
beginning (and perhaps ending) at a designated time.
2. Performing within the range ofnormal and expected
standards <effective counsel>. 3. Productive; achieving
a result <effective cause>.
effective assignment. See ASSIGNMENT (2).
effective assistance of counsel. See ASSISTANCE OF
COUNSEl..
effective cause. See immediate cause under CAUSE (1).
effective date. (1909) The date on which a statute,
contract, insurance policy, or other such instrument
becomes enforceable or otherwise takes effect . This
date sometimes differs from the date on which the
instrument was enacted or Signed.
effective filing date. See DATE. effective possession. See constructive possession under
POSSESSION.
effective rate. See INTEREST RATE.
effective tax rate. See average tax rate under TAX RATE.
effective vote. See VOTE (1).
effects, n. pl. (17c) Movable property; goods <personal
effects>.
personal effects. (1818) Items ofa personal character;
esp., personal property owned by a decedent at the
time of death. [Cases: Descent and Distribution
76; Executors and Administrators C:::o43.]
effects doctrine. See AFFECTS DOCTRINE.
effeirs (e-feerz), adv. Scots law. As appropriate; correctly.
 The term ordinarily appears in the phrase as affeirs.
effets (e-fe or e-fets), n. pl. [French] 1. Bills ofexchange.
2. Goods; movables; chattels.
effets mobiliers (moh-beel-yay or moh-ba-Ieerz).
Funds; stocks.
efficient adequate cause. See proximate cause under
CAUSE (1).
efficient breach. See BREACH OF CONTRACT.
efficient-breach theory. (1980) Contracts. The view that
a party should be allowed to breach a contract and
pay damages, ifdoing so would be more economically
efficient than performing under the contract . This
relatively modern theory stems from the law-and-eco
nomics movement. See BREACH OF CONTRACT. [Cases:
Contracts
efficient cause. See proximate cause under CAUSE (1).
efficient intervening cause. See intervening cause under
CAUSE (1).
efficient proximate cause. See proximate cause under
CAUSE (1).
effigy (ef-a-jee), n. (16c) A figure, image, or other repre
sentation; esp., a crude representation ofsomeone who
is disliked . Effigies are sometimes hanged, burned,
or otherwise abused to express public disapproval or
ridicule.
effluent (ef-Ioo-ant), n. (1859) Liquid waste that is dis
charged into a river, lake, or other body ofwater. [Cases:
Environmental Law (;=182.J
effluxion of time (i-f1uk-shan). (17c) The expiration of
a lease term resulting from the passage of time rather
than from a specific action or event. -Also termed
efflux oftime. [Cases: Landlord and Tenant
efforcialiter (e-for-shee-ay-la-tClr), adv. [Latin] Hist.
Forcibly. This adverb referred primarily to military
force.
effraction (a-frak-shCln). (l9c) Archaic. A breach made
by the use offorce; BURGLARY (1).
effractor {i-frak-tar}. [Latin] Hist. One who breaks
through; a burglar. PI. effractors, effractores (ef-rak
tor-eez). See HOUSEBREAKING.

593
effusio sanguinis (e-fyoo-zhee-oh sang-gwi-nis).
[Latin] Hist. 1. The shedding of blood. 2. The fine or
penalty imposed for the shedding of blood . The
Crown granted to many lords of manors the power to
collect this fine. -Also termed bloodwite; bloodwit.
Cf. WERGILD.
EFT. abbr. Electronic funds transfer. See FUNDS
TRANSFER.
e.g. abbr. [Latin exempli gratia] (17c) For example <an
intentional tort, e.g., battery or false imprisonment>.
Cf.LE.
egg donation. Family law. A type of assisted-repro
ductive therapy in which eggs are removed from one
woman and transplanted into the uterus of another
woman who carries and delivers the child. In egg
donation, the egg is usu. fertilized in vitro. See IN VITRO
FERTILIZATION; ASSISTED-REPRODUCTIVE TECHNOL
OGY. [Cases: Child Custody 0:>274.5; Child Support
(;::::>63; Children Out-of-Wedlock (;::::> 15; Parent and
Child
eggshell-skull rule. (1961) Torts. The principle that a
defendant is liable for a plaintiff's unforeseeable and
uncommon reactions to the defendant's negligent or
intentional act.  Under this rule, for example, if one
person negligently scrapes another who turns out to
be a hemophiliac, the negligent defendant is liable for
the full extent ofthe plaintiff's injuries even though the
harm to another plaintiff would have been minor.
Also termed eggshell-plaintiff rule; thin-skull rule; spe
cial-sensitivity rule; old-soldier's rule. [Cases: Damages
(;:::::33.]
ego, taUs (ee-goh, tay-lis). [Latin] 1, such a one. This
phrase was used in describing the forms of old deeds.
egrediens et exeuns (e-gree-dee-enz et ek-see-;mz). [Latin
"stepping out and exiting"] Common-law pleading.
Going forth and issuing out of (land).
egregious (i-gree-j<ls), adj. (16c) Extremely or remarkably
bad; flagrant <the defendant's egregious behavior>.
egress (ee-gres). (16c) 1. The act ofgoing out or leaVing. 2.
The right or ability to leave; a way of exit. Cf. INGRESS.
ei abest (ee-I ab-est). [Latin] Roman law. It is wanting to
him. 1he phrase appeared in reference to any dimi
nution in a person's assets.
EIC. abbr. See earned-income credit under TAX CREDIT.
eight-corners rule. Insurance. The principle that a lia
bility insurer's duty to defend its insured generally
triggered if the plaintiff's claims against the insured are
within the policy's coverage -is assessed by reviewing
the claims asserted in the plaintiff's complaint, without
reference to matters outside the four corners of the
complaint plus the four corners of the policy. Also
termed allegations-of-the-complaint rule. Cf. FOUR
CORNERS RULE. [Cases: Insurance (;::::>2914,2915.]
1891 Copyright Amendment Act. See CHACE ACT.
Eighteenth Amendment. The constitutional amend
ment ratified in 1919 and repealed by the 21st Amend
ment in 1933 -that prohibited the manufacture, sale, eisne
transportation, and possession ofalcoholic beverages in
the United States. See PROHIBITION (3). [Cases: Intoxi
cating Liquors (;::::> 17.]
Eighth Amendment. 1he constitutional amendment,
ratified as part of the Bill ofRights in 1791, prohibiting
excessive bai\, excessive fines, and cruel and unusual
punishment.
eight-hour law. A law that sets eight hours as the
standard workday for some jobs and that usu. requires
a higher pay rate for work beyond eight hours . One
example is the federal Fair Labor Standards Act. See
WAGE-AND-HOUR LAW.
8-K. An SEC form that a registered corporation must
file if a material event affecting its financial condition
occurs between the due dates for regular SEC filings.
Also termed Form 8-K. Cf. lO-K.
83(b) election. Tax. An employee's choice to treat an
employer's grant of unvested property, usu. stock, as
being vested immediately and as currently taxable


employer's grant of unvested property, usu. stock, as
being vested immediately and as currently taxable on
the amount the employer paid for it.  The alternative
is for the employee to wait until the property vests and
pay taxes on its value at that time. An 83(b) election
is typically used when the property is expected to
have a dramatic increase in value before the employ
ee's interest in it vests. IRC (26 USCA)  83(b).[Cases:
Internal Revenue (;::::>3602.]
eigne (ayn), adj. [Law French] (15c) Hist. 1. (Of a child)
eldest; first-born. 2. (Oftitle) superior; prior. 3. (Of an
estate) entailed. See ENTAILED . This adjective tradi
tionally follows the noun it modifies in sense 1 <bastard
eigne> but precedes the noun in senses 2 and 3 <eigne
title>. -Also spelled eigl1; eygne; eisne; aisne. Also
termed (in Law Latin) einetius.
bastard eigne. Hist. An illegitimate son whose parents
afterward marry and have a second son (mulier
puisne) for lawful issue.
eignesse (ay-nes), n. [French] See ESNECY.
eik (eek). Scots law. An appendix or postscript to a formal
document.
EIN. abbr. See TAX-IDENTIFICATION NUMBER.
einecia (I-nee-shee-J), n. [Law Latin fro French eine
i "being born before"] Eldership. See ESNECY.
. einetia. See EISNETIA.
I einetius (I-nee-shee-<ls), 11. See EIGNE.
EIR. abbr. Environmental-impact report. See ENVIRON
MENTAL-IMPACT STATEMENT.
eire (air), n. Hist. A journey; route; circuit. See EYRE.
eirenarcha (I-rJ-nahr-kJ), 11. [from Greek eirene "peace"
+ archein "to rule"] Romal1 law. A provincial justice of
the peace; a person charged with maintaining order.
Also spelled (in Latin) irenarcha.
E1S. abbr. ENVIRONMENTAL-IMPACT STATEMENT.
eisne (ayn), adj. See EIGNE.

594 eisnetia
eisnetia (Iz-nee-shee-d), n. [Law Latin] The share ofthe
oldest son; the portion ofan estate acquired by primo
geniture. -Also spelled einetia. Cf. ESNECY.
either-or order. See alternative order under ORDER (8).
eiusdem generis. See EJUSDEM GENERIS.
eject, vb. (I5c) l. To cast or throw out. 2. To oust or dis
possess; to put or turn out ofpossession. 3. To expel or
thrust out forcibly (e.g., disorderly patrons). -ejector,
vb.
ejection, n. (I6c) l. An expulsion by action oflaw or
by actual or threatened physical force. See OUSTER. 2.
EJECTMENT (2).
ejectione custodiae. See DE EJECTIONE CUSTODIAE.
ejectione firmae. See DE EjECTIONE FIRMAE.
ejectment. (I6c) l. The ejection ofan owner or occupier
from property. 2. A legal action by which a person
wrongfully ejected from property seeks to recover pos
session, damages, and costs. 3. The writ by which such
an action is begun. The essential allegations in an
action for ejectment are that (1) the plaintiff has title
to the land, (2) the plaintiff has been wrongfully dis
possessed or ousted, and (3) the plaintiff has suffered
damages. -Also termed action ofejectment; action
for the recovery ofland; ejection. See FORCIBLE ENTRY
AND DETAINER. Cf. EVICTION; OUSTER. [Cases: Eject
mentC=>l.]
"The evolution of the action of ejectment from its primitive
form as a mere action of trespass, enabling a lessee of
lands to recover damages when ousted of his possession,
through a series of most ingenious fictions, which were
afterwards added to enable him to recover possession as
well, until its final establishment as the proper method
of trying all disputed titles to real property, presents to
the student of legal science one of the most interesting
studies that the history of the law affords. Few remedies
have passed through so many changes of form, both in
pleading and practice, and yet retained the same distinctive
character that marked their origin." George W. Warvelle, A
Treatise on the Principles and Practice of the Action ofEject
ment  4, at 4-5 (1905).
"Any person wrongfully dispossessed of land may sue
for the specific restitution of it in an action of ejectment.
Originally this action was a special variety of trespass and
available only to leaseholders. But in time and by the aid of
the most elaborate fictions it came to be used by freehold
ers also. All these fictions have now been swept away; in
theory even the term ejectment has been replaced by the
term action for the recovery of land. The older term is,
however, replaced in practice." R.F.v. Heuston, Salmond
on the Law of Torts 41 (17th ed. 1977).
equitable ejectment. (I820) A proceeding brought to
enforce specific performance ofa contract for the sale
ofland and for other purposes. Though in the form
ofan ejectment action, this proceeding is in reality a
substitute for a bill in equity. [Cases: Ejectment C=>
156.]
justice ejectment. (1900) A statutory proceeding to
evict a tenant who has held over after termination of
the lease or breach ofits conditions.
ejectment bill. (I8c) Equity practice. A bill in equity
brought to recover real property and an accounting of rents and profits, without setting out a distinct ground
of equity jurisdiction (and thus demurrable). [Cases:
Ejectment C=>62.]
ejectment de garde. See DE EjECTIONE CUSTODIAE.
ejector, n. (I7c) One who ejects, puts out, or dispossesses
another.
casual ejector. The nominal defendant in an ejectment
action who, under a legal fiction, is supposed to come
casually or by accident upon the premises and to eject
the lawful possessor. [Cases: Ejectment C=>46.]
ejectum (i-jek-tdm), n. Something that is cast out,
esp. by the sea. See FLOTSAM. Cf. JETSAM; LAGAN (1);
WAVESON.
ejectus (ee-jek-tds), n. [Latin] Hist. A whoremonger; a
pimp.
ejercitoria (ay-hair-see-tor-ee-d), n. [Spanish] Spanish
law. An action lying against a shipowner upon the con
tracts or obligations made by the master for repairs
or supplies. This action corresponds to the actio
exercitoria ofRoman law. See action exersitoria under
ACTIO.
ejido (ay-hee-doh), n. [fro Latin exitus "a going out"] (I9c)
Spanish law. Common land or pasture; esp., land used
in common by inhabitants ofa city, pueblo, or town for
such things as pasture, wood, and threshing-ground;
commons. -Also termed exidos; exedos. See COMMON
(2).
ejuration (ej-d-ray-shdn). The renouncing or resigning
ofone's place.
ejusdem generis (ee-jds-ddm jen-d-ris also ee-joos-or
ee-yoos-). [Latin "of the same kind or class"] (I7c) l.
A canon of construction holding that when a general
word or phrase follows a list of specifics, the general
word or phrase will be interpreted to include only
items ofthe same class as those listed . For example,
in the phrase horses, cattle, sheep, pigs, goats, or any
other farm animals, the general language or any other
farm animals -despite its seeming breadth -would
probably be held to include only four-legged, hoofed
mammals typically found on farms, and thus would
exclude chickens. -Also termed Lord Tenterden's
rule. Cf. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS;
NOSCITUR A SOCIIS; RULE OF RANK. [Cases: Contracts
156; Statutes C=> 194.] 2. Loosely, NOSCITUR A
SOCIIS.
ejusdem negotii (ee-jds-ddffi ni-goh-shee-I). [Latin] Hist.
Part ofthe same transaction.
elaborare (i-Iab-d-rair-ee), vb. [Latin] Hist. To gain,
acquire, or purchase, as by labor and industry.
elaboratus (i-Iab-d-ray-tds), n. [Latin] Hist. Property
acquired by labor.
Elastic Clause. See NECESSARY AND PROPER CLAUSE.
elbow clerk. See CLERK (5).
elder abuse. See abuse ofthe elderly under ABUSE.
Elder Brethren. A distinguished body ofmen elected as
masters ofTrinity House, an institution incorporated in

595
the reign ofHenry VIII and charged with many duties
in marine affairs, such as superintending lighthouses.
 The full title of the corporation is Elder Brethren of
the Holy and Undivided Trinity.
elder law. (I986) The field oflaw dealing with the elderly,
including such issues as estate planning, retirement
benefits, social security, age discrimination, and
healthcare.
elder title. A title of earlier date but one that becomes
operative simultaneously with, and prevails over, a title
of newer origin.
elected domicile. See DOMICILE.
electee. 1. A person chosen or elected. 2. A person to
whom the law gives a choice about status.
electing small-business trust. See TRUST (3).
electio est creditoris (i-Iek-shee-oh est kred-i-tor-is).
[Law Latin] Scots law. The creditor has the election or
choice. The phrase appeared in reference to the credi
tor's right to apply payments to one debt or another. Cf.
ELECTIO EST DEBITORIS.
"Electio est creditoris .... This has reference to a creditor's
right to apply indefinite payments, made by his debtor, to
that debt or obligation which is least secured; but where
the debtor at the time of payment appropriates the sum
paid, towards extinction of a particular debt, it must be
so applied." John Trayner, Trayner's Latin Maxims 184 (4th
ed.1894).
electio est debitoris (i-lek-shee-oh est deb-i-tor-is). [Law
Latin] Scots law. The debtor has the election or choice.
 Ifthe law provided alternative methods of fulfilling
an obligation, the debtor could choose the method of
payment. Cf. ELECTIO EST CREDITORIS.
election, n. (13c) 1. The exercise ofa choice; esp., the act
ofchoosing from several possible rights or remedies in
a way that precludes the use ofother rights or remedies
<the taxpayers' election to file jointly instead of sepa
rately>. See ELECTION OF REMEDIES. 2. The doctrine by
which a person is compelled to choose between accept
ing a benefit under a legal instrument and retaining
some property right to which the person is already
entitled; an obligation imposed on a party to choose
between alternative rights or claims, so that the party
is entitled to enjoy only one <the prevailing plaintiff
was put to an election between out-of-pocket damages
and lost profits>. Also termed equitable election.
See RIGHT OF ELECTION. [Cases: Election of Remedies
C=:> 1.] 3. The process of selecting a person to occupy
an office (usu. a public office), membership, award, or
other title or status <the 2004 congressional election>.
Cf. two-round voting under VOTING. [Cases: Elections
elect, vb. elective, adj.
by-election. An election specially held to fill a vacant
post. -Also spelled bye-election. Cf. general
election.
election at large. An election in which a public official
is selected from a major election district rather than
from a subdivision of the larger unit. Also termed
at-large election. [Cases: Elections <;:::> 12(7).] election board
free election. An election in which the political system
and processes guarantee that each voter will be
allowed to vote according to conscience.
general election. 1. An election that occurs at a regular
interval oftime. -Also termed regular election. 2. An
election for all seats, as contrasted with a by-election.
Cf. by-election. [Cases: Elections C=215.]
municipal election. The election ofmunicipal officers.
[Cases: Municipal Corporations 129.]
off-year election. An election conducted at a time other
than the presidential election year.
popular election. An election by people as a whole,
rather than by a select group.
primary election. A preliminary election in which a
political party's registered voters nominate the can
didate who will run in the general election. -Often
shortened to primary. [Cases: Officers and Public
Employees C::"'70.7.]
recall election. An election in which voters have the
opportunity to remove a public official from office.
regular election. See general election.
representation election. An election held by the
National Labor Relations Board to decide whether a
certain union will represent employees in a bargain
ing unit. See BARGAINING UNIT. [Cases: Labor and
Employment C~~1187.]
runoffelection. An election held after a general election,
in which the two candidates who received the most
votes neither of whom received a majority -run
against each other so that the winner can be deter
mined. Cf. two-round voting under VOTING.
special election. An election that occurs in an inter


can be deter
mined. Cf. two-round voting under VOTING.
special election. An election that occurs in an interim
between general elections, usu. to fill a sudden
vacancy in office. Cf. by-election.
4. Patents. A patent applicant's choice ofa single inven
tion to continue prosecuting under the original applica
tion, after an examiner has required a restriction. See
RESTRICTION (4). [Cases: Patents <;:::> 104.]
election ofspecies. A patent applicant's choice of one
alternative over others after an examiner determines
that a generic claim is not allowable. [Cases: Patents
C::'104.]
election, doctrine of. A doctrine holding that when a
person has contracted with an agent without knowing
ofthe agency and later learns ofthe principal's identity,
the person may enforce the contract against either the
agent or the principal, but not both. See ELECTION (1).
[Cases: Principal and Agent C,,:;;> 145(4).]
election, estoppel by. See estoppel by election under
ESTOPPEL.
election board. 1. A board of inspectors or commission
ers appointed for each election precinct to determine
voter qualification, to supervise the polling, and often
to ascertain and report the results. 2. A local agency
charged with the conduct of elections. [Cases: Elections
<;:::>49-58.]

election by spouse. See RIGHT OF ELECTION.
election contest. A challenge by an election's loser
against the winner, calling for an analysis ofthe election
returns, which may include reviewing voter qualifica
tions or re-counting the ballots. [Cases: Elections ~
148,269-306.]
election district. See DISTRICT.
election dower. See DOWER.
election fraud. (l8c) Illegal conduct committed in
an election, usu. in the form of fraudulent voting.
Examples include voting twice, voting under another
person's name (usu. a deceased person), or voting while
ineligible. [Cases: Elections ~318.]
election judge. 1. A person appointed to supervise an
election at the precinct level; a local representative ofan
election board. [Cases: Elections ~49.]2. English law.
One oftwo puisne judges ofthe Queen's Bench Division
of the High Court selected to try election petitions.
election of remedies. (l8c) 1. A claimant's act of
choosing between two or more concurrent but incon
sistent remedies based on a single set offacts. [Cases:
Election of Remedies ~1.] 2. The affirmative defense
barring a litigant from pursuing a remedy inconsistent
with another remedy already pursued, when that other
remedy has given the litigant an advantage over, or
has damaged, the opposing party.  This doctrine has
largely fallen into disrepute and is now rarely applied. 3.
The affirmative defense that a claimant cannot simulta
neously recover damages based on two different liabil
ity findings if the injury is the same for both claims,
thus creating a double recovery. Cf. alternative relief
under RELIEF (3).
election of species. See ELECTION (4).
election petition. English law. A petition for inquiry into
the validity of a Parliament member's election, when
the member's return is allegedly invalid for bribery or
other reason.
election returns. The report made to the board of can
vassers or the election board, by those charged with
tallying votes, of the number of votes cast for a par
ticular candidate or proposition. [Cases: Elections ~
126(7), 246.]
elective franchise. See FRANCHISE (1).
elective office. An office that is filled by popular election
rather than by appointment.
elective share. (1931) Wills & estates. The percentage ofa
deceased spouse's estate, set by statute, that a surviving
spouse (or sometimes a child) may choose to receive
instead of taking under a will or in the event of being
unjustifiably disinherited. -Also termed forced share;
statutory share; statutory forced share. See RIGHT OF
ELECTION. [Cases: Wills ~778-803.]
"In many states today, common-law dower and curtesy have
been wholly replaced by statutes that make the surviving
spouse an 'heir' ofthe deceased spouse and fix a minimum
percentage of the decedent's estate (real and personal) to
which the survivor will be entitled regardless of efforts of
the deceased spouse to prevent it by will. This statutory minimum -called the statutoyy foYced shaye -is typically
an estate in fee simple, not merely a life estate. A serious
disadvantage to the surviving spouse under many of these
statutes, however, is that the minimum percentage applies
only to property owned by the decedent at death. Both
husbands and wives can, under such statutes, defeat their
spouses' forced shares by intey vivos transfer." Thomas
F. Bergin & Paul C. Haskell, Pyeface to Estates in Land and
FutuYe Inteyests 37-38 (2d ed. 1984).
elector. (15c) 1. A member ofthe electoral college chosen
to elect the U.S. President and Vice President. -Also
termed presidential elector. [Cases: United States ~
25.] 2. A voter. [Cases: Elections ~59.]
qualified elector. A legal voter; a person who meets
the voting requirements for age, residency, and reg
istration and who has the present right to vote in an
election. See VOTER. [Cases: Elections ~59-87.]
3. A person who chooses between alternative rights or
claims. 4. Hist. The title of certain German princes who
had a voice in electing the Holy Roman Emperors .
This office sometimes became hereditary and was con
nected with territorial possessions.
electoral college. (often cap.) (17c) The body of electors
chosen from each state to formally elect the U.S. Presi
dent and Vice President by casting votes based on the
popular vote. [Cases: United States ~25.]
electoral process. (1851) 1. The method by which a
person is elected to public office in a democratic society.
2. The taking and counting ofvotes.
electric chair. (1889) A chair that is wired so that elec
trodes can be fastened to a condemned person's body
and a lethal charge passed through the body for the
purpose ofcarrying out a death penalty . The electric
chair was first used in 1890 at the Auburn State Prison
in New York.
electronic agent. Any electronic or automated means,
such as a computer program, that can independently
initiate or respond to an action or message without a
human's review.
electronic cash. See e-money under MONEY.
electronic chattel paper. See CHATTEL PAPER.
electronic check. See e-check under CHECK.
electronic-check conversion. In a discrete electronic-
funds transfer, the process by which a paper check is
used as the source ofinformation for the check number,
account number, and bank-routing number. The
check itself is not considered the method of payment.
See e-check under CHECK.
Electronic Commerce Directive. See DIRECTIVE ON
CERTAIN ASPECTS OF ELECTRONIC COMMERCE IN THE
INTERNAL MARKET.
Electronic Communications Privacy Act. A federal
statute that limits the circumstances under which
the federal and state government may gain access to
oral, wire, and electronic communications. 18 USCA
 2510. [Cases: Telecommunications ~1297, 1335,
1342, 1435.]
electronic contract. See E-CONTRACT.

597 elongatus
Electronic Data Interchange agreement. See EDI AGREE
MENT.
electronic funds transfer. See FUNDS TRANSFER.
electronic currency. See e-money under MONEY.
electronic signature. See SIGNATURE.
Electronic Signatures in Global and National
Commerce Act. See E-SIGN ACT.
electronic surveillance. 1. See EAVESDROPPING. 2. See
WIRETAPPING.
electronic transaction. (1975) A transaction formed by
electronic messages in which the messages of one or
both parties will not be reviewed by an individual as an
expected step in forming a contract. UCC  2A-102(a)
(16).
eleemosynae (el-d-mos-d-nee), n. pI. Eccles. law. Posses
sions belonging to the church. [Cases: Religious Soci
eties C-:/15.]
eleemosynaria (el-d-mos-d-nair-ee-d), n. Hist. 1. The
place in a religious house or church where the common
alms were deposited, to be distributed to the poor by
the almoner. 2. The office of almoner.
eleemosynarius (el-d-mos-d-nair-ee-ds), n. [Law Latin]
Hist. 1. An almoner, or chiefofficer, who received the
eleemosynary rents and gifts and distributed them to
pious and charitable uses. 2. The name of an officer
(Lord Almoner) ofthe English kings, in former times,
who distributed the royal alms or bounty.
eleemosynary (el-d-mos-d-ner-ee), adj. (17c) Of, relating
to, or assisted by charity; not-for-profit <an eleemosy
nary institution>. [Cases: Charities
eleemosynary corporation. See charitable corporation
under CORPORATIOK.
eleemosynary defense. See charitable immunity under
IMMUNITY (2).
eleganter (el-d-gan-tdr), adv. Civil law. Accurately; with
discrimination; neatly.
elegit (d-Iee-jit). [Latin "he has chosen"] (l6c) Hist. A
writ of execution (first given by 13 Edw., ch. 18) either
upon a judgment for a debt or damages or upon the
forfeiture of a recognizance taken in the king's court.
-Under it, the defendant's goods and chattels were
appraised and, except for plow beasts, delivered to the
plaintiff to satisfy the debt. If the goods were not suf
ficient to pay the debt, then the portion ofthe defen
dant's freehold lands held at the time ofjudgment was
also delivered to the plaintiff, to hold until the debt was
satisfied out ofrents and profits or until the defendant's
interest expired. During this period the plaintiff was
called tenant by elegit, and the estate an estate by elegit.
The writ was abolished in England in 1956, and it is no
longer used anywhere in the United States.
element. (Bc) 1. A constituent part ofa claim that must
be proved for the claim to succeed <Burke failed to
prove the element ofproximate cause in prosecuting
his negligence claim>. 2. Patents. A discretely claimed
component ofa patent claim. -For a prior-art reference to anticipate a claim, it must teach each and every claim
element. To recover for patent infringement, the plain
tiff must prove that the accused product infringes every
element of at least one claim, either literally or under
the doctrine of equivalents. Also termed (in sense
2) limitation. See DOCTRINE OF EQUlVAI,ENTS. [Cases:
Patents (:::::> 101(1).]
elemental fact. See ultimate fact under FACT.
elements of crime. (1909) The constituent parts of a
crime usu. consisting ofthe actus reus, mens rea, and
causation -that the prosecution must prove to sustain
a conviction. _ The term is more broadly defined by
the Model Penal Code in  1.13(9) to referto each com
ponent ofthe actus reus, causation, the mens rea, any
grading factors, and the negative ofany defense.
Eleventh Amendment. The constitutional amend
ment, ratified in 1795, prohibiting a federal court from
hearing an action against a state by a person who is not
a citizen ofthat state. See sovereign immunity under
IMMUNITY (1). [Cases: Federal Courts <>::::265-268.]
eligible, adj. (I5c) Fit and proper to be selected or to
receive a benefit; legally qualified for an office, privilege,
or status. -eligibility, n.
elimination. Hist. The act ofbanishing or turning out
ofdoors; rejection.
i elinguation (ee-ling-gway-sh;m). Hist. ]he punishment
, ofcutting out a person's tongue. -elinguate, vb.
elisor (i-h-zdr). (17c) A person appointed by a court to
assemble a jury, serve a writ, or perform other duties of
the sheriff or coroner ifeither is disqualified. -Also
spelled eslisor. [Cases: Sheriffs and Constables
26.]
Elkins Act. A 1903 federal law that strengthened the
Interstate Commerce Act by prohibiting rebates and
other forms ofpreferential treatment to large carriers.
49 USCA  41-43 (superseded).
ell (el). Hist. A measure oflength corresponding to the
modern yard.
Ellenborough's Act (el-dn-brdz). An English law (the
Malicious Shooting and Stabbing Act) of 1803 punish
ing offenses against the person. St. 43 Geo. 3, ch. 58.
elogium (i-Ioh-jee-dm), n. Civil law. 1. A will or testa
ment. 2. A clause or provision in a will or testament.
eloign (i-loyn), vb. (l5c) 1. To remove (a person or
property) from a court's or sheriffs jurisdiction. 2. To
remove to a distance; conceaL Also spelled eloin.
eloigner, n.
eloignment (i-Ioyn-mdnt), n. (17c) The getting ofa thing
or person out of the way, or removing it to a distance,
so as to be out ofreach.
elongata (


or person out of the way, or removing it to a distance,
so as to be out ofreach.
elongata (ee-Iawng-gay-t~). [Latin] 1. adj. Eloigned;
carried away to a distance. 2. ELONGATUS.
elongatus (ee-Iawng-gay-t~s). [Latin "eloigned"] A return
made by a sheriff to a writ de homine replegiando,
stating that the party to be replevied has been eloigned,

or conveyed out of the sheriff's jurisdiction. Also
termed elongata.
elongavit (ee-lawng-gay-vit). [Latin "he has e1oigned"]
In a proceeding by foreign attachment, the serjeant-at
mace's return that the garnishee has eloigned the goods,
so that they cannot be appraised. Upon such a return,
judgment was given for the plaintiff that an inquiry be
made into the eloigned goods. The inquiry was then set
for trial and an assessment made by a jury.
elope, vb. (17c) 1. Archaic. To run away; escape. 2. Archaic.
To abandon one's husband and run away with a lover. 3.
To run away secretly for the purpose ofgetting married,
often without parental consent. -elopement, n.
elsewhere, adv. (bef. 12c) In another place . In shipping
articles, this term, following the designation ofthe port
of destination, must be construed either as void for
uncertainty or as subordinate to the principal voyage
stated in the preceding words. [Cases; Seamen C::::7.]
eluviation (i-Ioo-vee-ay-sh;}n). (1899) Movement ofsoil
caused by excessive water in the soil.
e-mail, n. (1982) A communication exchanged between
people by computer, through either a local area network
or the Internet. (Cases; Telecommunications
1342, 1343, 1439.] -Also spelled email. e-mail, vb.
emanation. (16c) 1. The act of coming or flowing forth
from something. 2. That which flows or comes forth
from something; an effluence.
emancipate, vb. (l7c) 1. To set free from legal, social, or
political restraint; esp., to free from slavery or bondage.
[Cases: Slaves C=>23.] 2. To release (a child) from the
control, support, and responsibility of a parent or
guardian. [Cases: Child Support C=>386-392; Parent
and Child C=> 16.] -emancipative, emancipatory,
adj. -emancipator, n.
emancipated minor. See MINOR.
emancipatio. See EMANCIPATION (3).
emancipation. (17c) 1. The act by which one who was
under another's power and control is freed. 2. A surren
der and renunciation ofthe correlative rights and duties
concerning the care, custody, and earnings of a child;
the act by which a parent (historically a father) frees
a child and gives the child the right to his or her own
earnings. This act also frees the parent from all legal
obligations ofsupport. Emancipation may take place by
agreement between the parent and child, by operation
oflaw (as when the parent abandons or fails to support
the child), or when the child gets legally married or
enters the armed forces. [Cases: Child Support
386-392; Parent and Child C=> 16.] 3. Roman law. The
enfranchisement of a son by his father, accomplished
through the formality ofan imaginary sale. -Justinian
substituted the simpler proceeding of a manumission
before a magistrate. -Also termed (in sense 3) eman
cipatio. Cf. MANCIPATION.
constructive emancipation. Emancipation by law, as
opposed to a voluntary act ofthe parent . Construc
tive emancipation may occur in several ways, as by (1) conduct ofthe parent that is inconsistent with the
performance of parental duties, (2) marriage of the
child, or (3) the child's service in the armed forces.
Child Support (::::'386-392; Parent and Child
partial emancipation. Emancipation that frees a child
for only a part of the period of minority, or from
only a part of the parent's rights, or for only some
purposes. [Cases; Child Support C=>386-392; Parent
and Child <;:16.]
emancipation act. See MARRIED WOMEN'S PROPERTY
ACTS.
Emancipation Proclamation. An executive proclama
tion, issued by President Abraham Lincoln on January
1, 1863, declaring that all persons held in slavery in
designated states and districts were freed.
embargo, n. (16c) 1. A government's wartime or peacetime
detention ofan offending nation's private ships found in
the ports of the aggrieved nation <the President called
offthe embargo ofIraq's ships after the war ended>.
Also spelled imbargo. -Also termed hostile embargo.
[Cases: War and National Emergency C=>12.)
"A hostile embargo is a kind of reprisal by one nation upon
vessels within its ports belonging to another nation with
which a difference exists, for the purpose of forcing it to
do justice. If this measure should be followed by war, the
vessels are regarded as captured, if by peace, they are
restored," Theodore D. Woolsey, Introduction to the Study
of International Law  118, at 187 (5th ed. 1878).
2. A nation's detention of all ships in its own ports,
including its own, to promote safety and to preclude
transportation to an offending nation <the embargo of
all U.S. ships traveling to Iraq remained in effect until
hostilities subsided>. -Also termed civil embargo.
[Cases: War and National Emergency (::~') 15.]
"A civil embargo may be laid for the purpose of national
welfare or safety, as for the protection of commercial
vessels against the rules of belligerent powers which would
expose them to capture. Such was the measure adopted
by the United States in December 1807, which detained in
port all vessels except those which had a public commis
sion, and those that were already laden or should sail in
ballast. The right to adopt such a measure of temporary
non-intercourse is undoubted." Theodore D. Woolsey,
Introduction to the Study of International Law  118, at 187
(5th ed. 1878).
3. The unilateral or collective restrictions on the import
or export of goods, materials, capital, or services into
or from a specific country or group of countries for
political or security reasons <for a time, the industri
alized nations placed an embargo on all goods from
Libya>. Also termed trade embargo; economic-cure
trade embargo. [Cases: War and National Emergency
4. The conscription ofprivate property for gov
ernmental use, such as to transport troops <the Army's
embargo of the company jet to fly General White to
Washington>. 5. A temporary prohibition on disclo
sure <the embargo on the press release expired at 11:59
p.m.>. embargo, vb.
embassador. See AMBASSADOR.

599 embryo
embassy. (1534) 1. The building in which a diplomatic
body is located; esp., the residence of the ambassador.
2. A body of diplomatic representatives headed by an
ambassador; a diplomatic mission on the ambassado
rial level. 3. The mission, business, and function of an
ambassador. Cf. LEGATION. [Cases: Ambassadors and
Consuls
Ember Days. Eccles. law. The days which the ancient
church fathers called quatuor tempora jejunii -that
are observed on the Wednesday, Friday, and Saturday
follOWing (1) Quadragesima Sunday (the first Sunday in
Lent), (2) Whitsuntide, or Holyrood Day, in September,
and (3) St. Lucy's day, about the middle ofDecember.
Almanacs refer to the weeks in which these days fall as
Ember Weeks; they are now chiefly noticed because, by
tradition, the Sundays follOWing Ember Days are used
to ordain priests and deacons, although the canon law
allows bishops to ordain on any Sunday or holiday.
embezzlernent, n. (I5c) The fraudulent taking ofpersonal
property with which one has been entrusted, esp. as a
fiduciary. The criminal intent for embezzlernent
unlike larceny and false pretenses arises after taking
possession (not before or during the taking). -Also
termed defalcation; peculation. See LARCENY; FALSE
PRETENSES. [Cases: Embezzlement -embezzle,
vb. embezzler, n.
"Embezzlement is not a common-law crime. It is the result
of legislative efforts to make provision for an unreasonable
gap which appeared in the law of larceny as it developed.
Under the early English statute embezzlement was made a
misdemeanor, but under most modern American statutes
it is either a felony or a misdemeanor depending upon the
value of the property converted." Rollin M. Perkins & Ronald
N. Boyce, Criminal Law 351 (3d ed. 1982).
"Embezzlement can be defined as the fraudulent conver
sion of the property of another by one who has lawful
possession of the property and whose fraudulent conver
sion has been made punishable by the statute." Arnold H.
Loewy, Criminal Law in a Nutshell 94 (2d ed. 1987).
emblem. (ISc) 1. A flag, armorial bearing, or other
symbol of a country, organization, or movement. 2.
Loosely, something that is used to symbolize some
thing else.
emblemata Triboniani (em-blee-m ..-to tro-boh-nee
ay-m). [Latin] Roman law. Alterations, modifications,
and additions to the writings of the older jurists that
were combined to form the Digest or Pandects, and
generally termed interpolations . Justinian appointed
a comrnission over which Tribonian presided to harmo
nize contradictions, delete obsolete matter, and bring
the law up to date. This term is considered old-fash
ioned by rnodern Romanists. See INTERPOLATIONS.
emblements (em-bl<l-m;mts). (l5c) 1. 'Ihe growing crop
annually produced by labor, as opposed to a crop
occurring naturally. Emblements are considered
personal property that the executor or administra
tor ofa deceased tenant may harvest and take regard
less of who rnay have since occupied the land. -Also
termedfructus industriales. [Cases; Crops 2. The
tenant's right to harvest and take away such crops after the tenancy has ended. [Cases: Landlord and Tenant
(>:::>139(2).]
"At common law those products of the earth which are
annual, and are raised by yearly manurance and labor, and
essentially owe their annual existence to the cultivation by
man, [are] termed 'emblements' and sometimes 'fructus
industriales.''' Sparrow v. Pond. 52 N.w. 36 (Minn. 1892).
''The law of emblements has its origin and matrix, in the
privilege, recognized at least as early as the fifteenth
century, of the tenant for an uncertain term, to harvest
and remove, even after the tenancy had terminated, the
annual crop, which he had planted and nurtured." Ray
Andrews Brown, The Law of Personal Property  159, at
806 (2d ed. 1955).
em biers de gentz (em-bl;>rz d<l jents). [Law French] A
theft from the people . The phrase occurs in the old
English rolls of Parliament -for example, "Whereas
divers murders, emblers de gentz, and robberies are
committed ...."
embodied technology. Intellectual property. Know-how
or knowledge that is manifest in products and equip
ment, including software. Cf. DISEMBODIED TECHNOL
OGY.
embodiment. Patents.!. The tangible manifestation of
an invention. [Cases: Patents C=:>99.J 2. The method for
using this tangible form. 3. The part of a patent applica
tion or patent that describes a concrete manifestation
of the invention . Embodiments are less common in
software or process patents than in manufacturing
related patents.
embossed seal. See NOTARY SEAL.
ernbrace, vb. To atternpt to influence (a judge or juror)
by corruption, or to behave in a way that might have a
corrupting influence; to engage in embracery.
embracee (em-bray-see). The bribe-taker in the offense
of embracery.
ernbracer (im-brays-i}r). [fro Old French embraseor "one
who kindles or instigates," fro embraser "to set fire to"]
(15c) The bribe-giver in the offense of embracery; one
who attempts to influence a judge or a juror by means
of corruption. -Also spelled embraceor.
embracery (im-brays-i}-ree), n. (15c) The attempt to
corrupt or wrongfully influence a judge or juror, esp.
by threats or bribery. Also spelled imbracery. -Also
termed jury-tampering; laboring a jury. Cf. JURY-FIX
ING; JURY-PACKING. [Cases: Criminal Law C=:>45.35.]
"The word 'embracery' ... has tended to disappear. It is
included in some of the codes but the tendency has been
to divide this common-law offense into two parts, placing
that which is appropriate thereto in sections on bribery
and the remainder in provisions dealing with obstruction
of justice." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 552 (3d ed. 1982).
embryo (ern-bree-oh). A developing but unborn or
unhatched animal; esp., an unborn human from con
ception until the development oforgans (j.e., until about
the eighth week of pregnancy