., an unborn human from con
ception until the development oforgans (j.e., until about
the eighth week of pregnancy). Cf. FETUS; ZYGOTE.
embryo formatus (for-may-t;>s). Eccles. law. A human
embryo organized into human shape and endowed
with a soul.  Though rejected in the early doctrine

600 embryo adoption
of the Christian church, the distinction between the
embryo formatus and informatus was accepted by
Gratian (regarded as the founder ofcanon law) in his
Decretum (ca. 1140), in which he said that abortion
is not murder if the fetus has not yet been infused
with a soul. Though he did not specify the time of
formation or animation, by the 16th century canon
ists accepted that the time of formation and anima
tion was the 40th day after conception tor the male
fetus and the 80th day for the female. -Also termed
embryo animatus.
embryo informatus (in-for-may-tas). Eccles. law. A
human embryo before it has been endowed with a
soul. -Also termed embryo inanimatus.
embryo adoption. See ADOPTION.
emend (i-mend), vb. (15c) To correct or revise; esp., to
edit or change (a text).
emenda (ee-men-da), n. pI. [Latin "amends"] Things
given in reparation for a trespass.
emendatio (ee-men-day-shee-oh), n. [Latin] Hist. The
power of amending and correcting abuses, according
to certain rules and measures.
emendatio panis et cerevisiae (ee-men-day-shee-oh
pan-is et ser-a-vizh-ee-ee). [Latin "the correction of
bread and ale"] The power of supervising and cor
recting (assizing) the weights and measures ofbread
and ale.
emendation (ee-men-day-sh;m). (16c) 1. Correction or
revision, esp. of a text. 2. Hist. The correction of an
error or wrongdoing; atonement tor a criminal offense,
esp. by the payment of money . As criminal law devel
oped over time, emendation by payment ofwer or wife
gradually faded away and was replaced by harsher pun
ishments.
e mera gratia (ee meer-a gray-shee-<l). [Latin] Out of
mere grace or favor.
emergency circumstances. See exigent circumstances
under CIRCUMSTANCE.
Emergency Court ofAppeals. Hist. A temporary court,
established during World War II, whose purpose was
to review wage-and price-control matters . The court
was created in 1942 and abolished in 1962. Cf. TEMPO
RARY EMERGENCY COURT OF APPEALS. [Cases: War and
National Emergency 0-::)108,206.]
emergency doctrine. (1929) 1. A legal principle exempt
ing a person from the ordinary standard of reasonable
care ifthat person acted instinctively to meet a sudden
and urgent need for aid. Also termed imminent-peril
doctrine; sudden-emergency doctrine; sudden-peril
doctrine; sudden-peril rule. [Cases: Negligence (:::;>291.]
2. A legal principle by which consent to medical treat
ment in a dire situation is inferred when neither the
patient nor a responsible party can consent but a rea
sonable person would do so. Also termed (in sense
2) emergency-treatment doctrine. Cf. GOOD SAMARI
TAN DOCTRINE; RESCUE DOCTRINE. [Cases: Health (:::;>
909.] 3. The principle that a police officer may conduct a search without a warrant if the officer has probable
cause and reasonably believes that immediate action
is needed to protect life or property. Also termed
emergency exception. See exigent circumstances under
CIRCUMSTANCE.
emergency-employment doctrine. The principle that an
employee may enlist another's help in dealing with an
emergency that falls within the scope of the employ
ee's duties and that could not be overcome without the
assistance ofthe other person.
emergency exception. See EMERGENCY DOCTRINE (3).
emergency jurisdiction. See JURISDICTION.
Emergency Preparedness and Response Director
ate. The former division of the U.S. Department of
Homeland Security responsible for coordinating relief
and recovery efforts and for developing and coordi
nating plans to prevent terrorism and to minimize
risks of danger from natural disasters. -The Direc
torate included the Federal Emergency Management
Agency and also coordinated efforts with the Strategic
National Stockpile and the National Disaster Medical
System from the Department of Health and Human
Services, the Nuclear Incident Response Team from
the Department of Energy, the Domestic Emergency
Support Teams from the Department of Justice, the
National Domestic Preparedness Office ofthe Federal
Bureau ofInvestigation, and state and local emergency
responders. It was abolished in July 2005.-Abbr. EPR.
[Cases: United States (;=:'82(5).]
emergency protective order. See PROTECTIVE ORDER.
emergency search. See SEARCH.
emergency-treatment doctrine. See EMERGENCY
DOCTRINE (2).
emerita. See EMERITUS.
emeritus. (18c) An honorary title conferred on a former
officer or professor who has honorably retired, usu. after
serving for an extended period well beyond the norm.
 The term is loosely used as an adjective meaning
"honored," but it is not a synonym for "
"retired," or "immediate past" (as in "immediate past
president"). Sec HONORARY. PI. emeriti. Fem. emerita.
Fern. pI. emeritae.
emigrant (em-a-grant), n. (18c) One who leaves his or
her country for any reason with the intent to establish
a permanent residence elsewhere. Cf. IMMIGRANT.
emigrant agent. See AGENT (2).
emigration (em-;:l-gray-sh,m), n. (17c) The act ofleaving
a country with the intent not to return and to reside
elsewhere. Cf. IMMIGRATION. -emigrate, vb.
"Emigration is usually defined as the voluntary removal
of an individual from his home State with the intention of
residing abroad. However, not all emigration is voluntary;
there sometimes exists forced emigration, even mass emi
gration. Emigration may also be due to flight for political
reasons or expulsion. One then speaks of refugees or
exiles." Paul Weis, "Emigration," in 2 Encyclopedia ofPublic
International Law 76 (1995).

601
emigre (em-<l-gray or em-d-gray), n. [French] (18c) One
who is forced to leave his or her country for political
reasons. Also spelled emigre.
eminence (em-;t-ndnts). (17c) (usu. cap.) Eccles. law. An
honorary title given to cardinals ofthe Roman Catholic
Church. Until the pontificate of Urban VIII, cardi
nals were called illustrissimi and reverendissimi.
eminent domain. (18c) The inherent power ofa govern
mental entity to take privately owned property, esp.
land, and convert it to public use, subject to reasonable
compensation for the taking. Also (rarely) termed
compulsory purchase; (in Scots law) compulsory surren
der. See CONDEMNATION (2); EXPROPRIATION; TAKING
(2). [Cases: Eminent Domain 1,69.]
"The term 'eminent domain' is said to have originated with
Grotius, the seventeenth century legal scholar. Grotius
believed that the state possessed the power to take or
destroy property for the benefit of the social unit, but he
believed that when the state so acted, it was obligated
to compensate the injured property owner for his losses.
Blackstone, too, believed that society had no general power
to take the private property of landowners, except on the
payment of a reasonable price. The just compensation
clause of the fifth amendment to the Constitution was
built upon this concept of a moral obligation to pay for
governmental interference with private property.... No
provision for the power of eminent domain appears in the
federal Constitution. The Supreme Court, however, has
said that the power of eminent domain is an incident of
federal sovereignty and an 'offspring of political necessity.'
The Court has also noted that the fifth amendment's limita
tion on taking private property is a tacit recognition that
the power to take private property exists." John E. Nowak
& Ronald D. Rotunda, Constitutional Law  11.11, at 424-25
(4th ed. 1991) (quoting Bauman v. Ross, 167 U.S. 548, 574,
17 S.Ct. 966, 976 (1897.
Eminent Domain Clause. The Fifth Amendment provi
sion providing that private property cannot be taken
for public use without just compensation. See TAKINGS
CLAUSE. [Cases: Eminent Domain
emissary. (17c) One sent on a special mission as another's
agent or representative, esp. to promote a cause or to
gain information.
emit, vb. (16c) 1. To give off or discharge into the air
<emit light>. 2. To issue with authority <emit a new
series of currency>. -emission, n.
emolument (i-mol-y;t-m<lnt), n. (15c) (usu. pl.) Any
advantage, profit, or gain received as a result of one's
employment or one's holding ofoffice. [Cases: Officers
and Public Employees (::::'94.]
Emoluments Clause. (1991) 1. The clause of the United
States Constitution preventing members of Congress
from continuing to serve in Congress after accepting
an appointment to another federal office, and also pro
hibiting such an appointment if the office was created
or its emoluments increased while the Senator or Rep
resentative served in Congress. U.S. Const. art. I,  6,
d. 2. -Also written Emolument Clause. 2. FOREIGN
EMOLUMENTS CLAUSE.
e-money. See MONEY.
emotional abuse. See ABUSE. emphasis added
emotional distress. (1933) A highly unpleasant mental
reaction (such as anguish, grief, fright, humiliation,
or fury) that results from another person's conduct;
emotional pain and suffering. -Emotional distress,
when severe enough, can form a basis for the recovery
of tort damages. Also termed emotional harm;
mental angUish; mental distress; mental suffering. See
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. Cf.
mental cruelty under CRUELTY. [Cases: Damages
57.1-57.60.]
"Emotional distress passes under various names, such
as mental suffering, mental anguish, mental or nervous
shock, or the like. It includes all highly unpleasant mental
reactions, such as fright, horror, grief, shame, humiliation,
embarrassment, anger, chagrin, disappointment, worry,
and nausea. It is only where it is extreme that the liability
arises. Complete emotional tranquility is seldom attain
able in thiS world, and some degree of transient and trivial
emotional distress is a part of the price of living among
people. The law intervenes only where the distress inflicted
is so severe that no reasonable man could be expected to
endure it. The intensity and the duration of the distress are
factors to be considered in determining its severity. Severe
distress must be proved; but in many cases the extreme
and outrageous character of the defendant's conduct is
in itself important evidence that the distress has existed:'
Restatement (Second) of Torts  46 cmt. j (1965).
emotional harm. See EMOTIONAL DISTRESS.
emotional incapacity. 1. The inability to control one's
emotions or express appropriate emotions because ofa
mental disorder. 2. Hist. Evidence. (Of a witness) hostil
ity or partiality rooted in bias, corruption, or interest .
At common law, an interested witness was not compe
tent to testify on grounds ofemotional incapacity. See
State v. Craft, 41 So. 550,551 (La. 1906).
emotional insanity. See INSANITY.
empanel, vb. (l5c) To swear in (a jury) to try an issue or
case. -Also spelled impanel. [Cases: Jury~ 146.]
empanelment, empaneling, n.
empaneled jury. See JURY
emparnours (em-pahr-narz), n. pl. [French] Hist. Persons
who undertook lawsuits on behalf ofothers.
emperor. (13c) 1. The title of the sovereign ruler of an
empire. 2. The chief of a confederation of states of
which kings are members . The rulers of the Roman
world adopted the deSignation emperor after the fall
ofthe republic. The title was later assumed by those
including Napoleon -who claimed to be their suc
cessors in the Holy Roman Empire. The sovereigns of
Japan and Morocco are often called emperors, as were,
in Western speech, the former sovereigns ofTurkey and
China. The title denotes a power and dignity superior to
that ofa king. It appears to be the appropriate style of
the executive head of a federal government constructed
on the monarchial principle and comprising several
distinct kingdoms or other quasi-sovereign states, as
with the German empire from 1871 to 1918.
emphasis added. (1945) A citation Signal indicating
that the writer quoting another's words has italicized

602 emphyteusis
or otherwise emphasized some ofthem. Also termed '
emphasis supplied.
emphyteusis (em-fi-t[y]oo-sis), n. [Greek "implanting"]
(16c) Greek, Roman & civil law. A contract bv which
one person delivered to another (the emphyteuta) a
tract ofland, either in perpetuity or for a long period
oftime,


another (the emphyteuta) a
tract ofland, either in perpetuity or for a long period
oftime, in exchange for the obligation to cultivate the
land and to pay annual rental.  In Roman law, the land
was state-owned (ager vectigalis). In the 5th century,
emphyteusis was officially recognized as distinct from
ownership or a lease. The land's lessee or tenant, called
an emphyteuta, had to bear any burdens imposed on
the land. Although the emphyteusis was alienable, the
owner had to consent to the sale. (Cf. SUPERFICIARIUS.)
Unlike a usufruct, emphyteusis did not terminate with
the death of the emphyteuta. Perpetual emphyteusis was
abolished in the 18th century.
emphyteuta (em-fi-t[yJoo-t;:i), n. [Latin] (18c) Roman
& civil law. The person to whom an emphyteusis is
granted; the lessee or tenant under a contract of emphy
teusis. See FEE FARM.
emphyteutic (em-fi-t[y]oo-tik), adj. [Latin] (l7c) Civil
law. Founded on, growing out of, or having the charac
ter of an emphyteusis; held under an emphyteusis.
empire. (14c) The jurisdiction of an emperor; the region
over which an emperor's dominion extends.
empirical (em-pir-i-bl), adj. (16c) Of, relating to, or
based on experience, experiment, or observation !
<the expert's theory was not supported by empirical
data>. Also termed empiric.
emplazamiento (em-plah-zah-myen-toh), n. [Spanish]
Spanish law. A summons; esp., a court-issued citation
requiring the addressee to appear at a designated time
and place.
emplead. See IMPLEAD.
emploi (om-plwah), n. [French] French law. Equitable
conversion. -When property covered by the
dotal is sold, the purchaser must ensure that the sale
proceeds are reinvested for the wife's benefit. See regime
dotal under REGIME.
employ, vb. (i5c) 1. To make use of. 2. To hire. 3. To
use as an agent or substitute in transacting business.
4. To commission and entrust with the performance
of certain acts or functions or with the management
of one's affairs.
employee. (1822) A person who works in the service of
another person (the employer) under an express or
implied contract ofhire, under which the employer has
the right to control the details of work performance.
Also spelled employe. Cf. AGENT (1); INDEPENDENT CON
TRACTOR. [Cases: Labor and Employment
borrowed employee. (1932) An employee whose services
are, with the employee's consent, lent to another
employer who temporarily assumes control over the
employee's work. -Under the doctrine ofrespondeat
superior, the borrowing employer is vicariously liable
for the borrowed employee's acts. But the borrowing employer may also be entitled to assert immunity
under workers' -compensation laws. -Also termed
borrowed servant; loaned employee; loaned servant;
employee pro hac vice; special employee. See RESPON
DEAT SUPERIOR. [Cases; Labor and Employment
26; Workers' Compensation
probationary employee. A recently hired employee
whose ability and performance are being evaluated
during a trial period of employment.
statutory employee. Workers' compensation. An
employee who is covered, or required to be covered, by
the employer's workers' compensation insurance and
who therefore has no independent tort claim against
the employer for unintentional injuries suffered on
the job. See statutory employer under EMPLOYER.
[Cases: Workers' Compensation 2161.]
employee benefit plan. (1942) A written stock-pur
chase, savings, option, bonus, stock-appreciation,
profit-sharing, thrift, incentive, pension, or similar
plan solely for employees, officers, and advisers of a
company. -The term includes an employee-welfare
benefit plan, an employee-pension benefit plan, or a
combination ofthose two. See 29 USCA  1002(3). But
the term excludes any plan, fund, or program (other
than an apprenticeship or training program) in which
no employees are plan participants. Often shortened
to plan. Cf. PENSION PLAN.
defined-benefit plan. A plan established and main
tained by an employer primarily to provide system
atically for the payment of definitely determinable
benefits to employees over a period ofyears, usu. for
life, after retirement; any pension plan that is not a
defined-contribution plan . Retirement benefits
under a defined benefit plan generally are based on a
formula that included such factors as years ofservice
and compensation. If the trust funding the plan
lacks sufficient assets to pay the promised benefits,
ERISA requires the employer to cover the shortfall.
29 USCA  1002(35). Cf. defined contribution plan.
[Cases: Labor and Employment
defined-contribution plan. Under ERISA, an employee
retirement plan in which each participant has a
separate account -funded by the employee's con
tributions and the employer's contributions (usu. in
a preset amount) -and each participant's benefits
are based solelv on what has accumulated in the
participant's ac~ount. 29 USCA  1002(34). -Also
termed defined-contribution pension plan; individual
account plan. Cf. defined~benefit plan. [Cases: Labor
and Employment ~423.J
disability retirement plan. 1. A plan that is invoked
when a covered person is disabled from working
to normal retirement age. 2. A plan that provides
increased benefits ifa person retires because ofa dis
ability. [Cases: Labor and Employment
employee-stock-ownership plan. A type of profit
sharing plan that invests primarily in the employer's
stock. _ Employee-stock-ownership plans receive

603
special tax benefits and can borrow money to fund
employee stock purchases, which makes them a useful
corporate finance tooL IRC (26 USCA)  4975(e)(7). -
Abbr. ESOP. [Cases: Internal RevenueC:>3578, 4297;
Labor and Employment (~491(2).1
excess-benefit plan. An employee benefit plan main
tained by an employer solely for the purpose of pro
viding benefits for certain employees in excess of
limitations on contributions and benefits imposed
by the Internal Revenue Code. 29 USCA  1002(36).
[Cases: Labor and Employment ?420.J
40I(k) plan. A retirement and savings plan that allows
an employee to elect to have a portion of his or her
pretax salary contributed to a defined contribution
plan. Employers often match all or part of the
employee's contributions. Employees usu. can choose
investments from a list of options. IRC (26 USCA)
40l(k). [Cases: Internal Revenue
403(b) plan. A retirement plan for employees ofpublic
educational systems and certain tax-exempt organi
zations that is funded by pretax employee contribu
tions much like a 40l(k) plan, but may also provide for
employer contributions. IRC (26 USCA)  403(b).
Also termed tax-sheltered annuity; tax-deferred
annuity. [Cases: Internal Revenue (;:::> 3587.]
457plan. A type of deferred-compensation plan for
employees of state and local governments and tax
exempt organizations that operates much like a
401(k) plan, but (except for governmental plans) is
unfunded. IRC (26 USCA)  457. [Cases: Labor and
Employment ?417.]
governmental plan. Under ERISA, an employee benefit
plan established or maintained for its employees by
the federal government, state or local governments,
or their agencies or instrumentalities. 29 USC A
1002(32). If a collective-bargaining agreement
between a labor union and a governmental entity
includes a benefit plan, that plan may be a governmen
tal plan if it is funded by and covers only employees of
the governmental entity. -Also termed governmen
tal employee benefit plan; government plan.
individual account plan. See defined-contribution
plan.
Keogh plan. See KEOGH PLAN.
medical-expense reimbursement plan. An arrange
ment provided by an employer to reimburse employ
ees for medical expenses, including vision and dental
expenses, that are not covered under a medical plan
available to all employees . Some plans may also be
used to substitute for health insurance, or to pay for
medical expenses in excess ofinsurance-policy limits.
IRC (26 USCA) 105. -Abbr. MERP. [Cases: Labor
and Employment
money-purchase plan. A defined-contribution plan
that provides for mandatory employer contributions
without regard to employer profits . Contributions
are frequently stated as a percentage ofemployee com
pensation. [Cases: Labor and Employment C:~")423.] employee benefit plan
nonqualified deferred-compensation plan. An
unfunded compensation arrangement, frequently
offered to executives, that defers compensation and
the recognition of its accompanying taxable income
to a later date . It is termed "nonqualified" because
it does not qualify for favorable tax treatment under
IRC (26 USCA)  40l(a). The plan avoids the restric
tions on qualified plans, esp. the limits on contribu
tions and benefits and rules against discrimination
in favor of highly compensated employees. Abbr.
NQDC. -Also termed nonqualified executive-com
pensation plan; unfunded deferred-compensation plan.
[Cases: Internal Revenue C:-:: 3596.]
"Generally, a nonqualified deferred compensation plan is
an agreement or promise by an employer to certain indio
viduals to pay compensation to those individuals at some
future date. A nonqualified plan may also be a series of
deferred compensation agreements between an employer
and certain individuals that are considered to be a plan of
benefits. These types of plans do not qualify for the special
tax treatment afforded to plans that meet the qualifica
tion requirements of Section 401(a) of the Internal Revenue
Code ...." BruceJ. McNeil, Nonqualified Deferred Compen
sation Plans 1 (1994).
pension plan. See PENSION PLAN.
profit-sharing plan. See PROFIT-SHARI~G PLAN.
qualified plan. 1. See qualified pension plan under
PENSION PLAN. 2. See qualified profit-sharing plan
under PROFIT-SHARING PLAK.
survivor-income benefit plan. An agreement between
an employer and an employee whereby the employer
agrees that ifthe employee dies before retirement, the
employer will pay a specified or determinable amount
to the employee's spouse or other designated benefi
ciary. Typically, a formula is used, so the benefit
amount may be a multiple of the employee's salary
(e.g., two times the average base pay in the three years
preceding death) or based on the length of employ
ment. -Abbr. SIB. Also written survivors-income
benefit plan. Also termed death-benefit-only plan
(abbr. DBO). [Cases: Labor and Employment C:>
428.]
retirement plan. An employee benefit plan -such
as a pension plan or Keogh plan -provided by an
employer (or a self-employed person) for an employ
ee's retirement. [Cases: Labor and Employment?
420.]
SIMPLE plan. An arrangement under which an indi
vidual retirement account or annuity is established for
each eligible employee and funded by elective pretax
employee contributions, much as with a 401(k) plan,
and certain matching or minimum employer con
tributions. The plan can be attractive to employers
because it is easier to administer than a 401(k) plan.
The name is a loose acronym for "Savings Incentive
Match Plan for Employees." IRC (26 USCA)  408(p).
[Cases: Labor and Employment (;:::>420.]
simplified employee pension plan. An arrangement
under which an individual retirement account or
annuity is established for each eligible employee and

604 employee givebacks
funded by discretionary employer contributions.
IRC (26 USCA)  408(k) . A simplified employee
pension plan operates much like a 401(k) plan, in that
the employee contributions can be made by deferred
compensation and the employer can contribute. But
the plan is attractive to small employers because it
is much easier to administer than a 401(k) plan and
gives the employer complete discretion on whether
to make an annual contribution. IRC (26 USCA)
408(k). -Abbr. SEP; SEP-IRA. [Cases: Labor and
Employment (>420.]
split-funded plan. A retirement plan combining
elements of both life-insurance and investment
plans.
target benefit plan. A money-purchase plan that sets
a "target" benefit for each participant and mandates
employer contributions determined by an actuarial
cost method designed to fund the target benefit.
unfunded deferred-compensation plan. See nonquali
fied deferred-compensation plan.
welfare plan. Under ERISA, any plan, fund, or program
established or maintained by an employer or an
employee organization for the purpose of providing
to participants or their beneficiaries any number of
potential benefits: medical, surgical, or hospital care
or benefits; benefits in the event ofsickness, accident,
disability, death or unemployment; vacation benefits;
apprenticeship or other training programs; daycare
centers; scholarship funds; prepaid legal services; or
holiday and severance benefits. 29 USC A  1002(1).
[Cases: Labor and Employment
employee givebacks. See CONCESSION BARGAINING.
employee-liability exclusion. See EXCLUSION (3).
employee pro


. See CONCESSION BARGAINING.
employee-liability exclusion. See EXCLUSION (3).
employee pro hac vice. See borrowed employee under
EMPLOYEE.
Employee Retirement Income Security Act. A federal
statute that regulates private pension plans and
employee benefit plans and that established the Pension
Benefit Guaranty Corporation. 29 USCA  1001 et
seq. -Abbr. ERISA. [Cases: Labor and Employment
(>401.J
"ERISA was adopted in 1974 in response to highly publi
cized instances of fraud and mismanagement in employee
pension funds, which had resulted in thousands of workers
losing retirement benefits accumulated over a lifetime of
work, ERISA was intended primarily as an instrument for
regulating pensions, as its title suggests, and most of its
substantive provisions address protection of retirement
benefits. ERISA also, however, applies to employee welfare
benefit plans, and thus covers employer provided health
insurance, the dominant vehicle for private finance of
health care in the United States." Barry R. Furrow et aI.,
Health Law  2-9, at 48 (2d ed. 2000).
employee stock option. See STOCK OPTION (2).
employee-stock-ownership plan. See EMPLOYEE BENEFIT
PLAN.
Employee's Withholding Allowance Certificate. See
W-4 FORM. employer. (16c) A person who controls and directs a
worker under an express or implied contract ofhire and
who pays the worker's salary or C[ PRINCIPAl.
(1). [Cases: Labor and Employment
equal-opportunity employer. An employer who
agrees not to discriminate against any job appli
cant or employee on the basis of race, color, religion,
sex, natural origin, age, or disability. Abbr. EOE.
Civil Rights (;:::; 110.]
general employer. An employer who transfers an
employee to another employer for a limited period.
See borrowed employee under EMPLOYEE.
special employer. An employer who has borrowed an
employee for a limited period and has temporary
responsibility for and control over the employee's
work.
statutory employer. Workers' compensation. One who
employs a statutory employee. See statutory employee
under EMPLOYEE. [Cases: Workers' Compensation
employer-employee relationship. See RELATIONSHIP.
employer-identification number. See TAX-IDENTIFICA
TION NUMBER.
employers' liability. See WORKERS' COMPENSATION.
employers' -liability insurance. See INSURANCE.
employment. (15c) 1. The relationship between master
and servant. See MASTER AND SERVANT. 2. The act of
employing. 3. The state of being employed. 4. Work
for which one has been hired and is being paid by an
employer.
casual employment. Work that is occasional, irregu
lar, or for a short time -often associated with day
labor.
employment at will. Employment that is usu. under
taken without a contract and that may be terminated
at any time, by either the employer or the employee,
without cause. Also termed at-will employment;
hiring at will. [Cases: Labor and Employment
40.J
"Surprisingly, the employment at will doctrine is not an
ancient one. On the contrary, it dates only from the period
in the mid-nineteenth century that saw the transforma
tion of the employment relation from one of status to one
of contract. The relentless logic of the contract approach
dictated the rule that the employee had only such rights
as were expressly agreed to in his contract of employ
ment no more and no less. This meant that there was no
implication that an indefinite hiring would last for a year or
any other presumed period, since ifthe parties had wanted
a particular term they would have expressly agreed to it." 1
Lex K. Larson, Unjust Dismissal  1.01, at 13 (1992).
"The doctrine of employment at will prescribed that an
employee without a contract for a fixed term could be
hired or fired for any reason or no reason at all.. ,[The]
rule provided that employees categorized as 'at will' had
no legal interest in continuing job security. Whereas early
American masters had some responsibility to the public
as well as to their servants when they turned dependent
servants out on the world, under [thisl formulation, masters
could simply fire employees who had no contracts." Mark
A. Rothstein et aI., Employment Law  lA, at 9-10 (1994).

605
gainful employment. Work that a person can pursue
and perform for money.
hazardous employment. High -risk work; work involv
ing extra peril. _ In the context ofworkers' compen
sation, hazardous employment often requires an
employer to carry workers'-compensation coverage
or its equivalent, regardless ofthe number ofemploy
ees.
joint employment. A job in which the essential terms
and conditions ofthe employee's work are controlled
by two or more entities, as when a company hires a
contractor to perform a task and retains control over
the contractor's employees in matters such as hiring,
firing, diScipline, conditions of employment, prom
ulgation ofwork rules. assignment ofday-to-day job
duties, and issuance ofoperating instructions.
permanent employment. Work that, under a contract,
is to continue indefinitely until either party wishes to
terminate it for some legitimate reason.
seasonal employment. An occupation possible only
during limited parts of the year, such as a summer
camp counselor, a baseball-park vendor, or a shop
ping-mall Santa.
temporary employment. Work for a specific need or
fixed duration, usu. agreed upon beforehand.
employment agency. (l9c) A business that procures, for a
fee, employment for others and employees for employ
ers. -Whether the employer or the employee pays the
fee depends on the terms ofthe agreement. See FINDER
(1). [Cases: Labor and Employment C=:::935.]
Employment and Training Administration. A unit in
the U.S. Department of Labor responsible for devel
oping plans for training dislocated and unemployed
workers, including young people and those who are
disabled; and for interpreting federal workforce-secu
rity laws as they apply to the states.
employment contract. See CONTRACT.
employment-practices-liability insurance. See INSUR
ANCE.
employment-related-practices exclusion. See EXCLU
SION (3).
Employment Standards Administration. A unit in the
U.S. Department of Labor responsible for enforCing
various laws and administering programs pertaining to
minimum-wage and overtime standards, registration
offarm-labor contractors, wage rates to be paid and the
nondiscrimination and affirmative-action programs to
be followed by government contractors and subcon
tractors, workers'-compensation programs for federal
and certain private employers, financial integrity and
the internal organizational practices oflabor unions,
and certification ofemployee protection for federally
sponsored transportation programs. _ The Administra
tion operates through four divisions that have regional
offices or administrators in various cities: the Office
of Federal Contract Compliance Programs, the Wage emptor familiae
Standards, and the Office of Workers' Compensation
Programs. Abbr. ESA.
emporium (em-por-ee-am), n. (l6c) 1. A place for whole
sale trade in commodities carried bv sea. -The term
is sometimes applied to a seaport t;wn, but properly
signifies only a particular place in such a town. 2. An
important marketplace. 3. A large retail store that sells
a wide variety ofgoods.
empresario (em-pre-sahr-ee-oh), n. [Spanish]l. Spanish
law. A businessperson; one who invests in or manages
a business; esp., a land developer. 2. Rist. A person
receiving extensive land grants as consideration for
bringing people into Mexico (esp. into what would
become Texas) and settling them on the land for the
purpose of increasing the population, developing the
country's resources, and controlling the aboriginal
peoples.
emptio (emp-shee-oh), n. [Latin "purchase"] Roman &
civil law. The act ofbuying; a purchase. Also spelled
emtio. PI. emptiones.
emptio bonorum (ba-nor-am). [Latin "purchase of
goods"] A type of forced assignment for the benefit
of creditors, involving a public sale of an insolvent
debtor's estate whereby the purchaser succeeded to all
the debtor's property, rights, and claims, and became
responsible for the debtor's debts and liabilities to an
extent fixed before the transfer.
emptio etvenditio (et ven-dish-ee-oh). [Latin "purchase
and sale"] A contract of sale. -The double name
reflects that both the buyer and seller had duties and
rights in the transaction. In Roman law, agreement
on the thing to be sold and its price were essential.
The buyer could enforce the contract by actio empti,
and the seller could enforce bv actio venditio -Also
termed emptio venditio. See VENDITIO.
emptio rei facta a pluribus ementibus (emp-shee-oh
ree-I fak-ti'l ay plnur-a-b<ls i-men-ta-bas). [Latin] Rist.
A purchase made by many buyers. La. Civ. Code art.
2450. -An emptio rei facta a pluribus ementibus did
not automatically create a partnership among the
purchasers.
emptio rei speratae (ree-I sp<:l-ray-tee). [Latin "purchase
ofa hoped-for thing"]1he purchase ofa thing not yet
in existence or not yet in the seller's possession; e.g.,
a future crop. La. Civ. Code art. 2451. -1he price
of such a purchase typically depended on the actual
yield and thus could fluctuate.
emptio spei (spee-I). [Latin "purchase of a hope"] An
emptio rei speratae in which the price is fixed, regard
less of actual gain. -Even if the future event, such
as the casting of a net, produced nothing, the buyer
had to pay.
emptio venditio. See emptio et venditio.
emptor (emp-tor or -tar), n. [Latin] Civil law. A buyer;
purchaser. -Also spelled emtor. See caveat emptor
under CAVEAT. PI. emptores.
and Hour Division, the Office of Labor-Management i emptor familiae. See FAMILIAE EMPTOR.

606 emptrix
emptrix (em[p]-trdks), n. [LatinJ Civil law. A female
buyer. -Also spelled emtrix. PI. emptrices.
empty-chair defense. See DEFE:'oISE (2).
empty-chair doctrine. See ADVERSE- INTEREST RULE.
empty-suit defense. See DEFENSE (1).
emtio. See EMPTIO.
emtor. See EMPTOR.
emtrix. See EMPTRIX.
enable, vb. To give power to do something; to make
able.
enablement. Patents. The disclosure in a patent applica
tion; spedf. the description of the subject matter clear
and complete enough to teach a person of ordinary
skill in the art how to make and use the invention.
If the artisan would still be unable to work the inven
tion without undue experimentation after reading the
description -in light ofthe information known in the
art as ofthe filing date ofthe patent application -the
patent application will be rejected for lack of enable
ment. 35 USCA  112. Cf. NONENABLE:\1ENT. [Cases:
Patents C=>99.]
enablement by deposit. See DEPOSIT (6).
enablement requirement. Patents. The rule that the
specification ofa patent application must describe the
invention so that a person with ordinary skill in the
art could make and use the invention without undue
experimentation. - A specification that meets this
requirement is referred to as enabling. Cf. ENABLING
SOURCE. [Cases: Patents
enabling act. See enabling statute under STATUTE.
enabling clause. See CLAUSE.
enabling disclosure. See DESCRIPTION (5).
enabling power. See POWER OF APPOINTMENT.
enabling source. Patents. A document that defeats the
patentability of an invention because the information
provided made it possible before the patent applica
tion was filed -for a person skilled in the art to make
the invention. Cf. ENABLEMENT REQUIREMENT.
enabling statute. 1. See STATUTE. 2. Hist. (cap.) The Lease
Act (1540), by which tenants in tail, husbands seised
in right of their wives, and others were empowered to
make leases for their lives or for 21 years. St. 32 Hen.
8, ch. 28.
enact, vb. (15c) l. To make into law by authoritative act;
to pass <the statute was enacted shortly before the
announced deadline>. 2. (Of a statute) to provide <the
statute of frauds enacts that no action may be brought
on certain types ofcontracts unless the plaintiff has a
signed writing to prove the agreement>. -enactor,
n.
enacted law. See LAW.
enacting clause. See CLAUSE.
enacting words. The statutory phraSing denoting that an
act is taking effect as law. -The most common enacting words are Be it enacted that . ... [Cases: Statutes
40.J
enactive (en-ak-tiv), adj. 07c) 1. Having the power to estab
lish a new law; capable ofenacting. 2. ENACTORY (1).
enactment, n. (18c) 1. The action or process of making
into law <enactment ofa legislative bill>. 2. A statute
<a recent enactment>.
enactor (en-ak-tClr), n. A person or body that enacts or
decrees; esp., one that establishes a new law.
enactory, (i-nak-td-ree), adj. (19c) 1. Of, relating to,
constituting


actory, (i-nak-td-ree), adj. (19c) 1. Of, relating to,
constituting, or by an enactment; esp., instituting a
new right or duty by means ofenactment. 2. ENACTIVE
(1).
enajenacion (e-nah-hen-ah-syohn), n. [Spanish) Spanish
law. Alienation; the transfer of land.
en arere (en <}-reer). [Law French] In time past.
en autre droit (en oh-trd droyt or on noh-trd drwah).
[French] In the right of another, as when an executor
sues on behalf of the estate. -Also spelled in autre
droit. See AUTRE DROIT.
en bane (en bangk or on bongk). [Law French "on the
bench"] adv. &adj. (1863) With all judges present and
participating; in full court <the court heard the case en
banc> <an en banc rehearing>. Also spelled in banc;
in bank. Also termed in banco.
en bane sitting. See SITTING.
enbaneworthy, adj. Slang. Worthy ofbeing considered
en banc <the Fifth Circuit concluded that two ofthe
four issues are truly enbancworthy>. enbancwor
thiness, n.
en bloc (on blok or en blok), ad). & adv. [French] As a
whole; as a unit. -In parliamentary law, this term can
refer to a series of resolutions or other motions that
are disposed of with a single vote. Also termed en
grosse.
enbrever (en-bree-vdr), vb. [Law French] 1. To abbreviate.
2. To put into a schedule.
encheson (en-ehee-zdn), n. [Law French] The occasion,
cause, or reason for which something is done. Also
spelled encheason.
enclave (en-klayv or on-). (19c) lnt'llaw. An isolated part
ofa country's territory entirely surrounded by the terri
tory ofone foreign country, so that any communication
with the main part of the country must pass through
the territory of the foreign country. -Although inter
national enclaves were once common, they are now rel
atively rare; examples include Baarle-Hertog, a Belgian
enclave in the Netherlands, and Kaliningrad, a Russian
enclave between Lithuania and Poland. -Also termed
international enclave.
federal enclave. Territory or land that a state has ceded
to the United States. -Examples of federal enclaves
are military bases, national parks, federally adminis
tered highways, and federal Indian reservations. The
U.S. government has exclusive authority and

607
diction over federal enclaves. [Cases: United States
quasi-enclave. An isolated part of a country's terri
tory that, though not entirely surrounded by the ter
ritory of a foreign country, is inaccessible by way of
the country's own territory because oftopographical
features such as impassable mountains.
enclose, vb. (14c) 1. To surround or encompass; to fence
or hem in on all sides. 2. To place (something) in a
parcel or envelope. Also spelled inclose.
enclosed land. See LAND.
enclosed please find. See TRANSMITTAL LETTER.
enclosure. (ISc) 1. Something enclosed in a parcel or
envelope. 2. Land surrounded by some visible obstruc
tion; CLOSE (1). 3. An artificial fence around one's
estate. -Also spelled inclosure. [Cases: Fences
encomienda (en-koh-mee-en-dah), n. [Spanish] Spanish
law. 1. A royal grant to a private person of a certain
portion of territory in the Spanish colonies, together
with the concession of a certain number of the native
inhabitants, on the feudal principle ofcommendation.
2. A royal grant of privileges to the military orders
of Spain. 3. A mandate for a person to do a specific
commission. 4. Something given by mandate; esp., a
parceL
encourage, vb. (ISc) Criminal law. To instigate; to incite
to action; to embolden; to help. See AID AND ABET.
[Cases: Criminal Law ~.'S9(5).]
encroach, vb. (16c) 1. To enter by gradual steps or stealth
into the possessions or rights ofanother; to trespass or
intrude. 2. To gain or intrude unlawfully upon anoth
er's lands, property, or authority. Formerly also
spelled incroach. [Cases: Trespass (;::;; 1,10.]
encroachment, n. (16c) 1. An infringement of another's
rights. 2. An interference with or intrusion onto anoth
er's property <the court remedied the encroachment
by ordering the defendant to cut down the tree limb
hanging over the plaintiff's yard>. Formerly also
spelled incroachment. See TRESPASS. [Cases: Trespass
(,~12.]
encumbrance, n. (16c) A claim or liabilitythatis attached
to property or some other right and that may lessen its
value, such as a lien or mortgage; any property right
that is not an ownership interest. _ An encumbrance
cannot defeat the transfer ofpossession, but it remains
after the property or right is transferred. Also spelled
incumbrance. [Cases: Mortgages (;::;; 1; Secured Trans
actions ~)LJ -encumber, vb.
"Encumbrances are not confined to the law of property,
but pertain to the law of obligations also. Choses in action
may be mortgaged, settled in trust, or otherwise made
the subject-matter of jura in re aliena, no less than land
and chattels." John Salmond, Jurisprudence 435-36 n.(k)
(Glanville L. Williams ed .. 10th ed. 1947).
'''Encumbrance' means a right, other than an ownership
interest, in real property. The term includes a mortgage or
other lien on real property." UCC  9-102(a)(32). endorser
mesne encumbrance (meen). An intermediate encum
brance; an encumbrance that first occurred both
earlier and later than other encumbrances.
encumbrancer. (1858) One haVing a legal claim, such as
a lien or mortgage, against property.
end, n. 1. An object, goal, or purpose. 2. A result; a ter
mination point.
endangered species. See SPECIES (1).
endangering the welfare ofa child. See CHILD ENDAN
GERMENT.
endangerment, n. (17c) The act or an instance of putting
someone or something in danger; exposure to peril or
harm. See CHILD ENDANGERMENT; RECKLESS ENDAN
GERMENT. endanger, vb.
endeavor, n. (ISc) A systematic or continuous effort to
attain some goal; any effort or assay to accomplish some
goal or purpose.
endeavor, vb. (ISc) To exert physical or intellectual
strength toward the attainment of an object or goal.
en declaration de simulation (on dek-Iah-rah-syawn
d<l sim-[Y]<l-lah-syawn). [French "in order to declare
(something) a pretence"] Civil law. An action to void
a contract; esp., one brought to remove a cloud from
title and bring back, for any legal purpose, to the true
owner's estate the thing sold.
en demeure (on d..-myuur). [French "in default"] Civil
law. Ofa debtor who fails to pay on demand according
to the terms ofthe obligation.
endenizen (en-den- ..-z..n), vb. (16c) To recognize as a
legal resident; to naturalize. -Also spelled endenize;
indenizen; indenize. endenization, n.
endless-chain scheme. See PYRAMID SCHEME.
end lines. Mining law. A claim's lines, as platted or laid
down on the ground, that mark its boundaries on the
shorter dimension, where the claim crosses the vein,
in contrast to side lines, which mark the longer dimen
sion and follow the course of the vein . With reference
to the apex rule, if the claim as a whole crosses the
vein instead of following its course, the end lines will
become the side lines and vice versa. See APEX RULE.
Cf. SIDE LINES; APEX RULE. [Cases: Mines and Minerals
(;::;; 18.
endnote. (1926) A note that, instead ofappearing at the
bottom ofthe page (as a footnote does), appears at the
end of the book, chapter, or paper.
endogenous insemination. See artificial insemination by
husband under ARTIFICIAL INSEMINATION.
endorse, vb. See INDORSE.
endorsed bond. See guaranteed bond (1) under BOND
(3).
endorsee. See INDORSEE.
endorsement, n. (l6c) 1. INDORSEMENT. 2. An amend
ment to an insurance policy; a rider. [Cases: Insurance
(;::;; 1874.] endorse, vb. endorseable, adj.
endorser. See INDORSER.

608 endow
endow, vb. (l4c) 1. To give money or property to, esp. as
a source ofcontinuing or permanent income. 2. Hist.
To provide (a woman) with a dower.
endowment. (lSc) 1. A gift of money or property to an
institution (such as a university) for a specific purpose,
esp. one in which the principal is kept intact indefi
nitely and only the interest income from that principal
is used. 2. Hist. The assigning or giving of a dower to
a woman.
endowment insurance. 1. See INSURANCE. 2. See endow
ment life insurance under LIFE INSURANCE.
endowment life insurance. See LIFE INSURANCE.
endowment policy. See INSURANCE POLICY.
end position. (1964) One's legal and financial position
on the signing ofa contract, including the choices now
available, such as renewal and renegotiation.
end user. See USER (2).
Enelow-Ettelson rule (en-d-Ioh-et-dl-s;m). The defunct
doctrine that an order staying federal-court proceed
ings pending the determination ofan equitable defense
(such as arbitration) is an injunction appealable under
28 USCA  1292(a)(l) if the proceeding stayed was an
action that could have been maintained as an action
at law before the merger oflaw and equity. Enelow v.
New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310 (1935);
Ette/son v. Metropolitan Life Ins. Co., 317 U.S. 188,63
S.Ct. 163 (1942). [Cases: Federal Courts
enemy. (Bc) 1. One who opposes or inflicts injury on
another; an antagonist. 2. An opposing military force.
3. A state with which another state is at war. -Also
termed public enemy. 4. A person possessing the
nationality ofthe state with which one is at war. -Also
termed enemy subject. 5. A foreign state that is openly
hostile to another whose position is being considered.
alien enemy. See ALIEN.
public enemy. (16c) 1. A notorious criminal who is a
menace to society; esp., one who seems more or less
immune from successful prosecution. 2. ENEMY (3).
3. A social, health, or economic condition or problem
that affects the public at large and is difficult to control
<teenage smoking has been declared a public enemy
in this country>.
enemy alien. See alien enemy under ALIEN.
enemy combatant. See COMBATANT.
enemy's property. Int'llaw. Property used in illegal
commerce or trading with a public enemy, whether that
property belongs to an ally or a citizen . This term is
esp. common in prize courts. 'Ihe illegal traffic makes
the property hostile, and allows penal consequences to
attach to the property itself.
enemy subject. See ENEMY (4).
Energy, Department of. See DEPARTMENT OF ENERGY.
enfait (on fay), adv. [French] In fact; actually.
enfeoff (en-fef or en-feef), vb. (ISc) To put (a person) in
legal possession ofa freehold interest; to transfer a fief to. Formerly spelled infeoif. -Also termed feoff;
infeudate; (in Law Latin) feoffare.
enfeoffment (en-fef-m;:!nt or en-feef-), n. (l5c) 1. At
common law, the act or process oftransferring posses
sion and ownership ofan estate in land. Also termed
infeudation; infeudatio. 2. The property or estate so
transferred. 3. The instrument or deed by which one
obtains such property or estate. Also spelled infeoff
ment. Also termed feoffment; (in Scots law) infeft
ment.
enforce, vb. (l4c) 1. To give force or effect to (a law, etc.);
to compel obedience to. 2. Loosely, to compel a person
to pay damages for not complying with (a contract).
enforcement, n. (15c) The act or process of compelling
compliance with a law, mandate, command, decree,
or agreement.
extrajudicial enforcement. See SELF-HELP.
law enforcement. See LAW ENFORCEMENT.
remedial enforcement. See secondary right under
RIGHT.
sanctional enforcement. See secondary right under
RIGHT.
secondary enforcement. See secondary right under
RIGHT.
selective enforcement. See SELECTIVE ENFORCEMENT.
specific enforcement. See primary right under RIGHT.
Enforcement of Foreign Judgments Act. A uniform
law, adopted by most states, that gives the holder of
a foreign judgment essentially the same rights to levy
and execute on the judgment as the holder ofa domestic
judgment. lhe Act defines a foreign judgment as any
judgment, decree, or order (of a court in the United


judgment. lhe Act defines a foreign judgment as any
judgment, decree, or order (of a court in the United
States or ofany other court) that is entitled to full faith
and credit in the state. See FULL FAITH AND CREDIT.
[Cases: Judgment C:::815, 823, 829.]
enforcement power. (1939) The authority by which
Congress may enforce a particular constitutional
amendment's provisions by appropriate legislation .
Enforcement power is granted to Congress under the
13th, 14th, 15th, 19th, 23rd, 24th, and 26th Amend
ments.
enfranchise, vb. (15c) 1. To grant voting rights or other
rights ofcitizenship to (a person or class). 2. To set free,
as from slavery.
enfranchisement (en-fran-chiz-m;mt or -chIz-mdnt), rI.
(16c) 1. 'The granting ofvoting rights or other rights of
citizenship to a class ofpersons. [Cases: Elections
59.] 2. The act of making free, as from slavery.
enfranchisement of copyhold. Hist. The conversion of
copyhold into freehold tenure, by (1) a conveyance of
the fee simple from the lord of the manor to the copy
holder, (2) a release by the lord ofall seigniorial rights,
or (3) a release by the copyholder to the lord ofthe copy
holder's interest in the estate. See COPYHOLD.
engage, vb. (l5c) To employ or involve oneself; to take
part in; to embark on.

609 enlarge
engagement, n. (17c) 1. A contract or agreement involv
ing mutual promises. [Cases: Contracts (;::J55.] 2. An
agreement to marry; the period after which a couple has
agreed to marry but before they do so. -Also termed
(in sense 2) betrothal; betrothment. [Cases: Breach of
Marriage Promise (;::J 1.]
engagement fee. See RETAINER (3).
engagement letter. A document identifying the scope
ofa professional's services to a client and outlining the
respective duties and responsibilities ofboth.
engagement slip. (1933) A note sent by a lawyer to a
court informing the court that the lawyer is profes
sionally engaged in a second court on a given day and
thus cannot appear before the first court on that day as
scheduled. The term is used in Pennsylvania.
engender, vb. To cause; to bring about; to occasion.
engineering, procurement, and construction contract.
See CONTRACT.
England procedure. A procedure by which after a
federal court has referred a case back to state court
under the Pullman abstention doctrine, and the
state court has adjudicated the state-court issues - a
litigant may return to federal court to have the federal
claims adjudicated. England v. Louisiana State Bd. of
Med. Examiners, 375 U.S. 411, 84 S.Ct. 461 (1964). See
Pullman abstention under ABSTENTION. [Cases: Federal
Courts (;:=>65.]
English rule. The requirement that a lOSing litigant
must pay the winner's costs and attorney's fees. -Also
termed loser-pays rule. Cf. AMERICAN RULE (1). [Cases:
Costs C-::> 194.14.]
Englishry, presentment of. PRESENTMENT OF ENG
LISHRY.
engros (on groh). [French] (18c) Total; by wholesale; IN
GROSS. -Also spelled en grosse. Cf. EN BLOC.
engross, vb. (15c) 1. Hist. To handwrite (a document, esp.
a deed) in a style characterized by large letters . This
method of writing, which was derived from ancient
court hand, was also used in transcribing wills well
into the 19th century. See COURT HAND. 2. To prepare
a copy of (a legal document, such as a deed) for execu
tion. 3. To prepare a copy of (a bill or mandate) before
a final legislative vote. 4. Hist. To buy large quantities
of (a stock or commodity) in an effort to corner the
market and control the price. 5. To absorb or fully
occupy. -Formerly also spelled ingross. Cf. ENROLL
(2). -engrossment, n.
engrossed bill. See BILL (3).
engrosser, n. L A person who engrosses legal docu
ments. 2. Hist. A person who buys large quantities ofa
commodity in an effort to control the price.
Engrosser of the Great Roll. See CLERK OF THE PIPE.
engrossing, n. Hist. The practice of buying large quan
tities of commodities or merchandise with the intent
of gaining a monopoly and selling them at a very high
price. Engrossing was a misdemeanor in England until 1834. Also termed engrossment. See CORNER
ING THE MARKET.
"Engrossing ... is the getting into one's possession, or
buying up, of corn or other dead victuals, with intent to
sell them again. This must of course be injurious to the
public, by putting it in the power of one or two rich men
to raise the price of provisions at their own discretion." 4
William Blackstone, Commentaries on the Laws ofEngland
158 (1769).
engrossment, n. (16c) L The preparation of a legal
document (such as a deed) for execution. 2. The drafting
of a resolution or bill just before a final vote on the
matter in the legislature. 3. ENGROSSING.
enhanced, adj. Made increased <because ofhis
recidivism, Monte was subject to an enhanced sentence
after his latest conviction>.
enhanced damages. See DAMAGES.
enhancement. The act of augmenting; the state of
being enhanced <the use of a deadly weapon led to an
enhancement of the sentence>.
enheritance (on-nair-ee-tahns), n. [Law French] See
INHERITANCE.
enitia pars (a-nish-ee-a pahrz). [Latin] The share of the
eldest. In English law, this describes the lot or share
chosen by the eldest of coparceners when they make a
voluntary partition. The first choice (primer election)
belongs to the eldest.
enjoin, vb. (l3c) 1. To legally prohibit or restrain by
injunction <the company was enjoined from selling
its stock>. [Cases: Injunction (;::J 1.] 2. To prescribe,
mandate, or strongly encourage <the graduating class
was enjoined to uphold the highest profeSSional stan
dards>. -Also spelled injoin. enjoinment (for sense
1), n. -enjoinder (for sense 2), n.
enjoinable, adj. Capable ofbeing prohibited by injunc
tion <an enjoinable nuisance>. [Cases: Injunction
26-105.]
enjoy, vb. (15c) To have, possess, and use (something)
with satisfaction; to occupy or have the benefit of
(property).
enjoyment, n. (16c) 1. Possession and use, esp. ofrights
or property. 2. The exercise of a right.
adverse enjoyment. (18c) The possession or use ofland
under a claim of right against the property owner.
[Cases; Easements (;::J8.]
beneficial enjoyment. (I8c) The possession and benefit
ofland or other property, but without legal title.
present enjoyment. (18c) The immediate possession
and use ofland or other property.
quiet enjoyment. (l8c) The possession ofland with the
assurance that the possession will not be disturbed
by a superior title. See covenantfor quiet enjoyment
under COVENANT (4). [Cases: Covenants (:-:::>43,65.]
en juicio (en hwee-syoh), adv. [Spanish] Judicially; in a
court oflaw.
enlarge, vb. (14c) 1. To increase in size or extend in scope
or duration <the court enlarged the time allotted for

610 enlargement of time
closing arguments>. 2. To free from custody or impris
onment <at common law, an action for escape lay when
a prisoner was wrongly enlarged>. Cf. AT LARGE.
enlargement, n.
enlargement of time. (ISc) A usu. court-ordered exten
sion of the time allowed to perform an action, esp. a
procedural one.
enlarger l'estate (en-Iahr-j.:>f l.:>-stayt). [Law French] Hist.
A release that enlarges an estate and consists ofa con
veyance of the ulterior interest to the tenant.  If an
estate was held by a tenant for life or years, with the
remainder to another in fee, and jfthe one in remain
der released all rights to the tenant and his or her heirs
(through an enlarger ['estate), the tenant then held the
estate in fee.
enlisted member. Military law. A person in an enlisted
grade; a person in military service below the grade of
officer or warrant officer. [Cases: Armed Services
21.] -Also termed enlisted man.
enlistment, n. (ISc) Voluntary entry into a branch of
the armed services. [Cases: Armed Services
enlist, vb.
en masse (en mas). [French] (ISc) In a mass; in a large
group all at once; all together.
en mort mayne (en mort mayn). [French "in dead hand"]
In mortmain. See MORTMAIN.
Enoch Arden law (ee-n.:>k ahrd-.:>n). (1923) A statute that
grants a divorce or an exemption from liability so that
a person can remarry when his or her spouse has been
absent without explanation for a speclfied number of
years (usu. five or seven). This type oflaw is named
after a Tennyson poem, in which the eponymous hero,
having been shipwrecked for years on a desert island,
returns home to find that his wife has remarried. He
selflessly conceals his identity from her so that she can
remain with her new husband. -Also spelled Enoc
Arden law. See presumptive death under DEATH; ABAN
Cf. SEVEN-YEARS' ABSENCE RULE. [Cases:
Divorce Marriage n.]
enorm (i-norm), adj. (ISc) Hist. (Of a crime or other
wrong) monstrously wicked.
enormia (i-nor-mee-.:, n. [Latin] Common-law pleading.
Unlawful or wrongful acts; wrongs . This word,
esp. as part of the phrase et alia enormia ("and other
outrages"), appeared regularly in writs and declara
tions oftrespass.
enorm lesion (i-norm lee-zh.:>n). See LAESIO ENORMIS.
enormous, adj. Aggravated; excessively large <enormous
crimes>.
en owel main (en ow-al mayn). [Law French] In equal
hand.
enpleet (en-pleet), vb. Hist. See IMPLEAD.
enquete (on-ket), n. [French] Eccles. law. An examina
tion of witnesses (taken down in writing) by or before
an authorized judge for the purpose of gathering testimony to be used in a trial. Also termed enque$t
(on[g]-kwes[t]).
en recouvrement (on ray-koo-vr.:>-mon). [French "for
purpose of recovery"] French law. An indorsement on
a bill ofexchange that does not transfer the property in
the bill of exchange but merely gives the indorsee the
authority to recover the amount ofthe bilL
enregistrement (on-ray-zhees-tr.:>-mon), n. [French]
French law. Registration. _ This formality is performed
by a clerk who inscribes a government register with a
summary analysis of a deed or other document. The
clerk then puts a stamped or sealed note on the deed
or document, indicating the date on which it was reg
istered.
enrichment. (l7c) The receipt of a benefit. Cf. U:'>IJUST
ENRICHMENT.
enroll, vb. (I4c) 1. To register or transcribe (a legal
document, as a deed) into an official record on execu
tion. -Formerly also spelled inroll. 2. To prepare (a bill
passed by the legislature) for the executive's signature.
Cf. ENGROSS. [Cases: Statutes
enrolled, adj. Registered; recorded.
enrolled agent. One who, though neither a certified
public accountant nor an attorney, has been admitted
to practice before the IRS, either by passing an exami
nation or by working for the IRS in a technical area for
at least five years. The enrolled agent is one of four
types ofpersons who are allowed to practice before the
IRS, the other three being attorneys, certified public
accountants, and persons who are admitted to repre
sent either themselves or others in a particular case.
[Cases: Internal Revenue ~~4444.1
enrolled bill. See BILL (3).
enrolled-bill rule. (1914) The conclusive presumption
that a statute, once formalized, appears precisely as the
legislature intended, thereby preventing any challenge
to the drafting ofthe bill. [Cases: Statutes <::=,283(2).]
"Under the 'enrolled bill rule,' an enrolled bill, properly
authenticated and approved by the governor, is conclusive
as to regularity of its enactment. Ordinarily, the courts will
not go behind the enrolled bill to determine its validity.
The supreme court can look behind the enrolled bill only
to determine whether the constitutional mandate relative
to vote and journal entry upon the final passage have been
complied with." National Conference of State Legislatures,
Mason's Manual of Legislative Procedure  702, at 497
(2000).
enrollment, n. The act of recording or registering.
Also spelled (archaically) inrollment.
enrollment of vessels. Maritime law. The recording


registering.
Also spelled (archaically) inrollment.
enrollment of vessels. Maritime law. The recording
and certification of vessels used in coastal or inland
navigation, as distinguished from the "registration" of
vessels used in foreign commerce . Enrollment and
registry are used to distinguish certificates granted
to two classes of vessels. Enrollment evidences the
national character of a vessel engaged in coasting
trade or home traffic; registry is used to declare the
nationality of a vessel engaged in foreign trade. Cf.
REGISTRY (2). [Cases: Shipping ~J6.]

611
Enrollment Office. Hist. A department of the Court of
Chancery responsible for storing enrolled deeds and
judgments. The Enrollment Office was abolished in
1879; its duties were transferred to the Central Office.
en route (en or on root). [French] On the way; in the
course oftransportation or travel.
enschedule, vb. Archaic. To insert in a list, account, or
writing.
enseal, vb. Archaic. To seal (a document).
enserver (en-s;)r-v;:Jr), vb. French] To make subject
to a service or servitude.
ens legis (enz lee-jis). [Law Latin] A creature of the law;
an artificial being as opposed to a natural person. -The
term describes an entity, such as a corporation, that
derives its existence entirely from the law.
entail, n. (14c) A fee abridged or limited to the owner's
issue or class of issue rather than descending to all
the heirs. See BARRING OF ENTAIL; FEE TAIL. -Also
termed (in Scots law) tailzie. [Cases: Estates in Property
-entailable, adj.
"Entail is fee entailed, viz; abridged, limited, and tied to
certain conditions at the will of the donor; where lands
are given to, or settled on others." The Pocket Lawyer and
Family Conveyancer 97 (3d ed. 1833).
quasi-entail. An estate pur autre vie that is granted
to a person and the heirs of the person's body.
The interest so granted is not properly an estate-tail
(because it is not granted by inheritance), but it is
similar enough that the interest will go to the heir
of the body as special occupant during the life of the
cestui que vie, in the same manner as an estate of
inheritance would descend iflimited to the grantee
and the heirs ofhis body.
entail, vb. (l4c) 1. To make necessary; to involve <respond
ing to this onerous discovery will entail countless hours
of work>. 2. To limit the inheritance of (an estate) to
only the owner's issue or class of issue, so that none of
the heirs can transfer the estate <the grantor entailed
the property through a so-called "tail female">. See FEE
TAIL. [Cases: Wills (:';::~.)604.] -entailable, adj.
entailed, adj. Settled or limited to specified heirs or in
tail <entailed gifts>.
entailed estate. See FEE TAIL.
entailed interest. See INTEREST (2).
entailment, n. 1. The act of entailing an estate. 2. An
estate so entailed.
entencion (en-ten-sh~n), n. [Law French] Hist. A plain
tiff's count or declaration.
entendment. Archaic. See INTENDMENT.
entente (ahn-tahnt). [French "intent, understanding"]
(19c) Int'llaw. 1. An understanding that two or more
nations have for carrying out a common policy or
course ofaction. An entente is looser than an alliance
but stronger than the nations' merely haVing good rela
tions. 2. The nations having such an understanding. Cf.
ALLIANCE; DETENTE. enticement
enter, vb. (13c) 1. To come or go into; esp., to go onto
(real property) by right of entry so as to take posses
sion <the landlord entered the defaulting tenant's
premises>. 2. To put formally before a court or on the
record <the defendant entered a plea of no contest>.
3. To become a party to <they entered into an agree
ment>. See ENTRY.
enterceur (en-t~r-S<lr), n. [Law French) A party claiming
goods; one who has placed goods in the hands of a third
party.
enterpleder. Archaic. See INTERPLEADER (1).
enterprise, n. (lSc) 1. An organization or venture, esp.
for business purposes.
governmental enterprise. An enterprise undertaken
by a governmental body, such as a parks department
that creates a public park. Also termedgovernrnent
enterprise.
2. Under federal anti-racketeering law, an individual,
partnership, corporation, association, union, other
legal entity, or group of individuals associated in fact,
although not a legal entity . The enterprise must be
ongoing and must exist as an entity separate from the
allegedly illegal activity that it engages in. 18 USCA
1961(4). See RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS ACT. [Cases: Racketeer Influenced
and Corrupt Organizations C=:>33.] 3. One or more
persons or organizations that have related activities,
unified operation or common control, and a common
business purpose . Under the Fair Labor Standards
Act, an employee who is employed by an enterprise is
entitled to minimum-wage and overtime benefits. 29
USCA  201 et seq.
enterprise goodwill. See GOODWILL.
enterprise liability. See LIABILITY.
enterprise organization. See BUSINESS ENTERPRISES.
enterprise value. See VALUE (2)
entertain, vb. (ISc) 1. To bear in mind or consider; esp.,
to give judicial consideration to <the court then enter
tained motions for continuance>. 2. To amuse or please.
3. To receive (a person) as a guest or provide hospitality
to (a person). 4. Parliamentary law. To recognize and
state (a motion); to receive and take into consideration
<the chair will entertain the motion>.
entertainment expense. See EXPENSE.
entertainment law. (I953) The field of law dealing
with the legal and business issues in the entertain
ment industry (such as film, music, and theater), and
involving the representation of artists and producers,
the negotiation of contracts, and the protection of intel
lectual-property rights.
entice, vb. (14c) To lure or induce; esp., to wrongfully
solicit (a person) to do something.
enticement, n. (l4c) 1. The act or an instance of wrong
fully soliciting or luring a person to do something. 2.
Hist. The tort of inducing a man's wife to leave him

612 enticement of a child
or to remain away from him against his will. [Cases:
Seduction (;=1-26.]
enticement ofa child. Criminal law. The act or offense
of inviting, persuading, or attempting to persuade a
child to enter a vehicle, building, room, or secluded
place with the intent of committing an unlawful sexual
act against the child. -Often shortened to enticement.
[Cases: Infants (;=13.]
enticement of a parent. Rare. Torts. The tortious inter
ference with a child's rights and interests in maintain-
the parent-child relationship, usu. caused by a third
person who induces a parent to abandon the child .
Actions based on enticement, where they are recog
nized, are rarely successful because many states do not
recognize a child's legal right to a parent's consortium
or affection.
entire, adj. 1. Whole; complete in all its parts. 2. Not
divisible into parts.
entire-agreement clause. (1960) 1. INTEGRATION CLAUSE.
2. A provision in an insurance contract stating that the
entire agreement between the insured and insurer is
contained in the contract, often including the appli
cation (if attached), declarations, insuring agreement,
exclusions, conditions, and endorsements. -Also
termed entire-contract clause. [Cases: Insurance
1838, 1856.]
entire benefit. See entire use under USE (4).
entire blood. Seefull blood under BLOOD.
entire-contract clause. See ENTIRE-AGREEMENT
CLAUSE.
entire-controversy doctrine. (1970) The principle that a
plaintiff or defendant who does not assert all claims or
defenses related to the controversy in a legal proceed
ing is not entitled to assert those claims or defenses in
a later proceeding. Also termed single-controversy
doctrine. Cf. compulsory counterclaim under COUN
TERCLAIM; RES JUDICATA (2). [Cases: Action
Judgment (;=591.]
entire day. See DAY.
entire interest. See INTEREST (2).
entire-output contract. See output contract under
CONTRACT.
entire tenancy. See TENANCY.
entirety (en-tI-af-tee). (l6c) 1. lhe whole, as opposed to
a moiety or part. 2. Something (such as certain judg
ments and contracts) that the law considers incapable
of being divided into parts.
entirety, tenancy by the. See estate by entirety under
ESTATE (1).
entirety clause. Oil & gas. A mineral-lease or deed pro
vision specifying that royalties must be apportioned if
the property is subdivided after the lease is granted .
For the lessee, the clause makes it clear that the lessee's
duties will increase if the lessor transfers a part of the
leased premises. For the lessor, the clause avoids the nonapportionment rule. [Cases: Mines and Minerals
<::::=>79.1(3).]
entire use. See USE (4).
entitle, vb. (14c) l. To grant a legal right to or qualify
for. 2. Eccles. law. To ordain as a minister. Formerly
also spelled intitle.
entitlement. (19c) An absolute right to a (usu. monetary)
benefit, such as social security, granted immediately
upon meeting a legal requirement. lCases: Social
Security and Public Welfare (;=4.10.]
entitlement program. A government program guaran
teeing certain benefits, such as financial aid or gov
ernment-provided services, to people or entities that
meet the criteria set by law. Some examples of enti
tlement programs are unemployment benefits, Social
Security, food stamps, and agricultural price-support
plans. Qualified beneficiaries have an enforceable right
to participate in the programs. [Cases: Social Security
and Public Welfare ~~4.1O.1
entity. An organization (such as a business or a gov
ernmental unit) that has a legal identity apart from its
members or owners.
corporate entity. A corporation's status as an organiza
tion existing independently of its shareholders . As
a separate entity, a corporation can, in its own name,
sue and be sued, lend and borrow money, and buy,
sell, lease, and mortgage property. lCases: Corpora
tions C:") 1.3.)
public entity. A governmental entity, such as a state
government or one of its political subdivisions.
entity assumption. (1972) The presumption that a
business is a unit separate from its owners and from
other firms.
entity theory of partnership. (1916) The theory that a
partnership is an entity with a legal existence apart
from the partners who make it up . Under the Uniform
Partnership Act, "[a] partnership is an entity distinct
from its partners." UPA  201 (1994). Cf. AGGREGATE
THEORY OF PARTNERSHIP. [Cases: Partnership (;=
63.J
entrapmeut, n. (1899) l. A law-enforcement officer's or
government agent's inducement ofa person to commit
a crime, by means of fraud or undue persuasion, in an
attempt to later bring a criminal prosecution against
that person. [Cases: Criminal Law 2. The
affirmative defense of having been so induced . To
establish entrapment (in most states), the defendant
must show that he or she would not have committed
the crime but for the fraud or undue persuasion.
entrap, vb.
"Entrapment, so-called, is a relatively simple and very
desirable concept which was unfortunately misnamed,
with some reSUlting confusion. It is socially desirable for
criminals to be apprehended and brought to justice. And
there is nothing whatever wrong or out of place in setting
traps for those bent on crime, provided the traps are not
so arranged as likely to result in offenses by persons other
than those who are ready to commit them. What the State
cannot tolerate is having crime instigated by its officers

613 entry on the roll
who are charged with the duty of enforcing the law ....
Obviously 'entrapment' is not the appropriate word to
express the idea of official investigation of crime, but it is
so firmly entrenched that it seems wiser to accept it with
due explanation than attempt to supplant it ...." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 1161 (3d ed.
1982).
derivative entrapment. Entrapment in which the
government uses a private person, acting either as
an agent of the government or as an unwitting par
ticipant, to induce the subject of the entrapment to
commit a crime. [Cases: Criminal LawC=>37(5).]
objective entrapment. Entrapment as judged by
focusing on egregious law-enforcement conduct, not
on the defendant's predisposition. [Cases: Criminal
Law C=>37(2.l).]
sentencing entrapment. Entrapment of a defendant
who is predisposed to commit a lesser offense but
who is unlawfully induced to commit a more serious
offense that carries a more severe sentence. -Also
termed sentence-factor manipulation.
entrebat (on-trd-ba), n. [Law French] An intruder or
interloper.
entrepOt (on-trd-poh), n. [French] (18c) French law. A
building or place where goods


t (on-trd-poh), n. [French] (18c) French law. A
building or place where goods from abroad may be
deposited and from which those goods may then be
exported to another country without paying a duty.
entrepreneur (on-trd-prd-n;)r or -noor), n. (l9c) One
who initiates and assumes the financial risks of a new
enterprise and who usu. undertakes its management.
entrepreneurial rights. See NEIGHBORING RIGHTS.
entrust, vb. (l6c) To give (a person) the responsibility
for something, usu. after establishing a confidential
relationship. -Also spelled (archaically) intrust. See
NEGLIGENT ENTRUSTMENT. -entrustment, n.
entrusting, n. Commercial law. The transfer of posses
sion ofgoods to a merchant who deals in goods of that
type and who may in turn transfer the goods and all
rights to them to a purchaser in the ordinary course
of business. UCC  2-403(2). [Cases: Sales C=>234(7).]
entry, n. (Bc) 1. The act, right, or privilege of entering real
property <they were given entry into the stadium>.
forcible entry. See FORCIBLE ENTRY.
lawful entry. (17c) 1. The entry onto real property by
a person not in possession, under a claim or color
of right, and without force or fraud. 2. The entry
of premises under a search warrant. See SEARCH
WARRANT.
open entry. (l8c) A conspicuous entry onto real
property to take possession; an entry that is neither
clandestine nor carried out by secret artifice or strata
gem and that (by law in some states) is accomplished
in the presence oftwo witnesses.
reentry. See REENTRY.
unlawful entry. (l7c) 1. The crime ofentering another's
real property, by fraud or other illegal means, without
the owner's consent. Cf. TRESPASS (1). 2. An alien's crossing of a border into a country without proper
documents. [Cases: Aliens, Immigration, and Citi
zenship C=>771.]
2. An item written in a record; a notation <Forney
made a false entry in the books on March 3>.
blind entry. An accounting entry that indicates only
the debited and credited amounts without any expla
nation.
compound journal entry. A journal entry requiring
more than one debit and credit (as when revenue is
received partly in cash and partly in securities).
journal entry. An entry in an accounting journal of
equal debits and credits, with occasional explanations
of the recorded transactions.
3. The placement of something before the court or on
the record. 4. Copyright. The deposit of a title of work
with the Register of Copyrights to secure its protec
tion. [Cases: Copyrights and Intellectual PropertyC=>
50.10.] 5. Immigration. Any entrance of an alien into
the United States, whether voluntary or involuntary.
[Cases: Aliens, Immigration, and Citizenship C=>220,
251, 771.] 6. Criminal law. The unlawful coming into
a building to commit a crime. [Cases: Burglary C=>
9(2).]
entry, right of. See POWER OF TERMINATION.
entry, writ of. See WRIT OF ENTRY.
entry ad communem legem (ad b-myoo-ndm lee-jdm).
[Latin] Hist. 1. Entry at common law. 2. AD COMMUNEM
LEGEM.
entry ad terminum qui praeteriit (ad t;)r-md-ndm kWI
pri-ter-ee-it). See AD TERMINUM QUI PRAETERIIT.
entry fiction. The assumption, for purposes ofimmigra
tion and deportation proceedings, that an excludable
alien is to be treated as ifdetained at the border despite
his or her physical presence in the United States.
entry for marriage in speech. See causa matrimonii
praelocuti under CAUSA (1).
entry in casu consimili (en-tree in kay-s[y]oo kdn-sim
d-lr). [Latin] See CASU CONSIMILI.
entryman (en-tree-mdn), n. Archaic. A person who
enters public land and stakes a claim with the inten
tion ofsettling.
entry ofjudgment. (l7c) The ministerial recording of a
court's final decision, usu. by noting it in a judgment
book or civil docket. Cf. RENDITION OF JUDGMENT.
[Cases: Federal Civil Procedure C=>262l; Judgment
C=>270-284.]
entry on the roll. Hist. 1. A clerk's notation on a parch
ment roll of the proceedings and issues in a particular
case. Before parties began submitting written plead
ings, they would appear (in person or through counsel)
in open court and state their respective contentions
orally until they settled on the issue or precise point in
dispute. During the progress of these oral statements,
an appointed officer of the court would make minutes
of the various proceedings on a parchment roll that

then became the official record of the suit. Even after
the practice of oral pleadings had fallen into disuse,
proceedings continued to be entered "on the roll." This
practice was abolished early in the 19th century. 2. A
future interest created in a transferor who conveys an
estate on condition subsequent.
enumerate (i-n[y]oo-m<J-rayt), vb. To count off or deSig
nate one by one; to list. -enumeration, n.
enumerated motion. See MOTION (1).
enumerated power. See POWER (3).
enumerator. A person appointed to collect census papers
or schedules.
enunciate (i-nelll-see-ayt), vb. (17c) 1. To state publicly;
to announce or proclaim <the court enunciated a
new doctrine yesterday>. 2. To articulate or pro
nounce <enunciate your syllables more clearly when
you speak>. enunciation, n. -enunciable, adj.
enunciator, n.
enure. See INURE.
en ventre sa mere (on von-tr<l sa mair). [Law French "in
utero"] (18c)(Of a fetus) in the mother's womb <child
en ventre sa mere>. _ This phrase refers to an unborn
child, usu. in the context ofa discussion of that child's
rights. If the child is en ventre sa mere at the time of a
decedent's death and is subsequently born alive, the
child is treated as haVing been in existence at the time
ofthe decedent's death for purposes ofinheritance.
Also spelled in ventre sa mere. See VENTER.
"An infant in ventre sa mere, or in the mother's womb, is
supposed in law to be born for many purposes." 1 William
Blackstone, Commentaries on the Laws of Eng/and 126
(1765).
en vie (on vee). [Law French "in life"] Alive.
environmental audit. See AUDIT.
environmental crime. (1972) Environmental law. A
statutory offense involving harm to the environment,
such as a violation of the criminal provisions in the
Clean Air Act Amendments of 1970, the Federal Water
Pollution Control Act of 1972 (commonly called the
Clean Water Act), or the Endangered Species Act of
1973. -Although the most Significant environmental
crime statutes were passed in the 19705, they date back
to the late 19th century, with statutes such as the Pure
Food and Drug Act of 1896 and the assorted statutes
that ultimately became the Rivers and Harbors Act of
1899. -Also termed crime against the environment.
environmental Criminology. See CRIMINOLOGY.
environmental effect. (1967) Environmental law.
A natural or artificial disturbance of the phYSical,
chemical, or biological components that make up the
environment.
environmental-impact statement. (1971) Environmental
law. 1. A document that the National Environmental
Policy Act (42 USCA  4332(2)(c requires a federal
agency to produce for a major project or legislative
proposal so that better decisions can be made about
the positive and negative environmental effects of an undertaking. 2. In some states, a public document
used by a government agency to analyze the significant
environmental effects ofa proposed project, to identify
alternatives, and to disclose possible ways to reduce or
avoid possible environmental damage. Abbr. EIS.
Also termed environmental-impact report (EIR). [Cases:
Environmental Law 0571-615.]
environmental law. (1971) The field oflaw dealing with
the maintenance and protection of the environment,
including preventive measures such as the require
ments of environmental-impact statements, as well
as measures to assign liability and provide cleanup
for incidents that harm the environment. -Because
most environmental litigation involves disputes with
governmental agencies, environmental law is heavily
intertwined with administrative law. [Cases: Environ
mental Law
Environmental Protection Agency. An independent
federal agency in the executive branch responsible for
setting pollution-control standards in the areas ofair,
water, solid waste, pesticides, radiation, and toxic mate
rials; enforcing laws enacted to protect the environ
ment; and coordinating the antipollution efforts of state
and local governments. _ The commission was created
by Reorganization Plan No.3 of 1970. Abbr. EPA.
[Cases: Environmental Law 015.]
environmental terrorism. See ecoterrorism under TER
RORISM.
environmental tort. See TORT.
enviroterrorism. See ecoterrorism under TERRORISM.
envoy (en-voy). (17c) 1. A high-ranking diplomat sent to a
foreign country to execute a special mission or to serve
as a permanent diplomatic representative. Formerly
also termed envoy extraordinary. 2. A messenger or
representative.
envoy extraordinary. Int'llaw. 1. A person who heads
a legation rather than an embassy. -In current usage,
the term is honorific and has no special significance.
2. Hist. ENVOY (1).
envoy plenipotentiary. See ambassador plenipotentiary
under AMBASSADOR.
eo die (ee-oh dI-ee). [Latin] On that day; on the same
day.
EOE. abbr. 1. See equal-opportunity employer under
EMPLOYER. 2. Errors and omissions excepted. -This
phrase is sometimes appended to an account stated to
allow for slight errors. See errors-and-omissions insur
ance under INSURANCE.
eo instante (ee-oh in-stan-tee). [Latin] At that very
instant. -Also spelled eo instanti.
eo intuitu (ee-oh in-t[y]oO-<l-too). [Latin] With or in that
view; with that intent or object.
eo ipso (ee-oh ip-soh). [Latin] By that very act.
eo loci (ee-oh loh-sl). [Latin] In that state; in that con
dition.

eo loco (ee-oh loh-koh). [Latin] 1. In that place. 2. In that
state; in that condition.
E.O.M. abbr. End ofmonth. This appears as a payment
term in some sales contracts.
eo nomine (ee-oh nahm-;J-nee). [Latin] (17c) By or in that
name <interest eo nomine>.
EPA. abbr. ENVIRONMENTAL PROTECTION AGENCY.
EPC. abbr. 1. EUROPEAN PATENT CONVENTION. 2. Engi
neering, procurement, and construction. See engineer
ing, procurement, and construction contract under
CONTRACT.
EPC contract. See engineering, procurement, and con
struction contract under CONTRACT.
ephemeral recording. Copyright. A temporary copy of
a work that may be created and used by a broadcaster
under a license or under a statutory exemption that
waives the need to obtain the copyright owner's per
mission. A broadcaster must still pay royalties, and
usu. must destroy the ephemeral recording within a
statutorily defined time after creation or use. [Cases:
Copyrights and Intellectual Property ~67.2.]
e pili ana (ay pee-lee ah-nah). [Hawaiian] Adjoining .
This term usu. refers to land that adjoins a stream.
epimenia (ep-;J-mee-nee-;J), n. pl. [Latin] Expenses;
gifts.
epiqueya (ep-ee-kay-ah), n. [Spanish] Spanish law. An
equitable principle calling for the benign and prudent
interpretation ofthe law according to the circumstances
of the time, place, and person.
episcopacy (i-pis-b-p;J-see), n. (17c) Eccles. law. 1. The
office of a bishop. 2. A form of church government by
bishops. 3. An office ofoverlooking or overseeing.
episcopalia (i-pis-b-pay-lee-;J), n. pl. (19c) Eccles. law.
Synodals, pentecostals, and other customary payments
from the clergy to their diocesan bishop, collected by
rural deans and forwarded to the bishop.
episcopate (i-pis-b-pit), n. (17c) Eccles. law. 1. A bish
opric. 2. The dignity or office ofa bishop.
episcoporum ecdicus (i-pis-k;J-por-;Jm ek-di-k;Js). [Latin]
Eccles. law. A bishop's proctor; a church lawyer.
episcopus (i-pis-b-p;Js), n. [Latin fro Greek] 1. Roman
law. An overseer; an inspector, such as the municipal
officer responsible for oversight of the bread and other
provisions that served as the citizens' daily food. 2. A
bishop.
episcopus puerorum (i-pis-b-p;JS pyoo-;Jr-or-;Jm).
[Latin "bishop ofthe boys"] Hist. Eccles


p;JS pyoo-;Jr-or-;Jm).
[Latin "bishop ofthe boys"] Hist. Eccles. law. A layper
son who would, on certain feasts, braid his hair, dress
like a bishop, and act ludicrous . This English custom
outlasted several laws passed to abolish it.
episodic criminal. See CRIMINAL.
epistle (ee-pis-;Jl), n. (13c) Roman & Civil law. A rescript
replying to a magistrate or official body. See RESCRIPT
(3). epistola (i-pis-t;J-l;J), n. [Latin "letter"] Hist. A charter;
a written instrument to convey lands or to assure con
tracts. See ASSURANCE. -Also spelled epistula.
epistulae (i-pis-tyoo-lee), n. pl. [Latin "letters"] Roman
law. 1. Rescripts; esp., opinions given by the emperors
in cases submitted to them for decision. 2. Opinions
ofjuris consulti, such as N eratius, on questions oflaw
in the form ofletters to those consulting them. -Also
spelled epistolae.
EPL insurance. See employment-practices liability insur
ance under INSURANCE.
e pluribus unum (ee ploor-;J-b;Js ly]oo-n;Jm). [Latin] One
out of many. This is the motto on the official seal of
the United States and on several U.S. coins.
EPa. abbr. 1. See emergency protective order under PRO
TECTIVE ORDER. 2. EUROPEAN PATENT OFFICE.
epoch (ep-;Jk), n. 1. A period oftime marked by distinc
tive features or noteworthy events. 2. A time when a
new computation is begun; a time from which memo
rable dates are counted. -epochal (ep-;J-bl), adj.
EPR. abbr. EMERGENCY PREPAREDNESS AND RESPONSE
DIRECTORATE.
EPS. abbr. EARNINGS PER SHARE.
Equal Access Act of 1984. A federal law that prohibits
school districts receiving federal funds and allowing
extracurricular activities to be held in its facilities from
denying secondary-school students the right to meet for
religious and other purposes in public-school facilities.
20 USCA  4071.  The constitutionality ofthe Act was
upheld in Board ofEducation ofWestside Community
Schools V. Mergens, 496 U.S. 226, 110 S.Ct. 2356 (1990).
[Cases: Schools ~72.]
equal-access rule. (1989) Criminal law. The doctrine that
contraband found on a defendant's premises will not
support a conviction if other persons have the same
access to the premises as the defendant. To invoke
this defense successfully, the defendant must show
that other persons did in fact have equal access to the
premises; speculative evidence that trespassers might
have come onto the premises will not bar a conviction.
[Cases: Controlled Substances ~30.]
Equal Access to Justice Act. A 1980 federal statute that
allows a prevailing party in certain actions against
the government to recover attorney's fees and expert
witness fees. Pub. L. No. 96-481, title II, 94 Stat. 2325
(codified as amended in scattered sections of5, 15, and
28 USCA). -Abbr. EAJA. [Cases: United States ~
147.]
equal and uniform taxation. See TAXATION.
Equal Credit Opportunity Act. A federal statute that
prohibits creditors from discriminating against credit
applicants on the basis ofrace, color, religion, national
origin, age, sex, or marital status with respect to any
aspect of a credit transaction. 15 USCA  1691(a)
(f). -Abbr. ECOA. [Cases: Consumer Credit ~31.]
equal degree. See DEGREE.

616 equal-dignities rule
equal-dignities rule. Agency. The doctrine that an agent
can perform all acts requiring a writing signed by the
principal only if the agent's authority is set forth in a
writing. This rule is an adjunct to the statute of frauds
and applies when one or more of the signatories to a
contract acted through an agent. lCases: Principal and
Agent Cr'--:;) 12.]
Equal Employment Opportunity Commission. An
independent federal commission that investigates
claims of employment discrimination based on race,
color, religion, sex, national origin, or age and enforces
antidiscrimination statutes through lawsuits. -It was
created by Title VII of the Civil Rights Act of 1964.
The EEOC encourages mediation and other nonli
tigious means of resolving employment disputes. A
claimant must file a charge of discrimination with
the EEOC before pursuing a claim under Title VII of
the Civil Rights Act and certain other employment
related statutes. Abbr. EEOC. [Cases: Civil Rights
(;:::::> 1503.]
equa1-footing doctrine. (I 949) The principle that a state
admitted to the Union after 1789 enters with the same
rights, sovereignty, and jurisdiction within its borders
as did the original 13 states.
equality. (l5c) The quality or state of being equal; esp.,
likeness in power or political status. See EQUAL PRO
TECTION.
"We need not repeat the burning irony of Anatole France:
'The law in its majesty draws no distinction but forbids rich
and poor alike from begging in the streets or from sleeping
in the public parks.' Equality is meaningless under unequal
conditions." Morris R. Cohen, Reason and Law 101 (1961).
political equality. The sharing ofgovernmental deci
sions in such a way that, in the setting ofgovernmen
tal policies, the preference ofeach citizen is assigned
an equal value,
equality before the law. (18c) The status or condition of
being treated fairly according to regularly established
norms ofjustice; esp., in British constitutional law, the
notion that all persons are subject to the ordinary law of
the land administered by the ordinary law courts, that
officials and others are not exempt from the general
duty of obedience to the law, that discretionary gov
ernmental powers must not be abused, and that the
task ofsuperintending the operation of law rests with
an impartial, independent judiciary.
"A number of distinct meanings are normally given to the
provision that there should be equality before the law.
One meaning is that equality before the law only connotes
the equal subjection of all to a common system of law,
whatever its content.... A second theory asserts that
equality before the law is basically a procedural concept,
pertaining to the application and enforcement of laws and
the operation of the legal system .... A third meaning
normally borne by declarations that all are equal before
the law, perhaps no more than a variant of the second, is
that State and individual before the law should be equal."
Polyvios G. Polyviou, The Equal Protection of the Laws 1-2
(1980).
equality of states. Int'llaw. The doctrine that all fully
independent nations are equal under international law. _ This doctrine does not, ofcourse, mean that all
nations are equal in power or influence, but merely that,
as nations, they all have the same legal rights.
equalization, n. (lSc) 1. The raising or lowering of
assessed values to achieve conformity with values in
surrounding areas. 2. Tax. The adjustment of an assess
ment or tax to create a rate uniform with another.
Also termed equalization oftaxes; fair and proper legal
assessment. [Cases: Taxation (~;)2621-2634.]
equalization board. (1875) A local governmental agency
responsible for adjusting the tax rates in different dis
tricts to ensure an equitable distribution of the tax
burden. Also termed board ofequalization. [Cases:
Taxation (;:::::>2621-2634.]
equalization oftaxes. See EQUALIZATION (2).
equalize, vb. To make equal; to cause to correspond or
be the same in amount or degree.
equal-knowledge rule. Georgia law. The principle that
a complainant who was at least as aware as the defen
dant of the danger has no grounds for recovery because
the consequences could have been readily avoided. Cf.
SUPERIOR-KNOWLEDGE RULE. [Cases: Negligence
506(2).]
equally divided. (I6c) 1. (Of property) apportioned per
capita not per stirpes among heirs on the testator's
death. A provision in a will calling for property to
be divided "share and share alike" has the same effect.
[Cases: Wills C::>530.] 2. (Of a court, legislature, or
other group) having the same number ofvotes on each
side ofan issue Of dispute.
equal-management rule. The doctrine that each spouse
alone may manage community property unless the
law provides otherwise. Cf. HEAD-AND-MASTER RULE.
[Cases: Husband and Wife (,~265.]
equal-opportunity employer. See EMPLOYER.
equal-or-superior-knowledge rule. See SGPERIOR
KNOWLEDGE RULE.
Equal Pay Act. A federal law mandating that all who
perform substantially the same work must be paid
equally. 29 USCA  206. [Cases: Labor and Employ
ment (;:::::>2452.]
equal protection. (1866) The 14th Amendment guaran
tee that the government must treat a person or class of
persons the same as it treats other persons or classes in
like circumstances. -In today's constitutional juris
prudence, equal protection means that legislation that
discriminates must have a rational basis for doing so.
And if the legislation affects a fundamental right (such
as the right to vote) or involves a suspect classification
(such as race), it is unconstitutional unless it can with
stand strict scrutiny. -Also termed equal protection of
the laws; equal protection under the law. See RATIONAL
BASIS TEST; STRICT SCRUTINY. [Cases: Constitutional
Law C--:c3000-3833.]
"Equal protection does not require that all persons be dealt
with identically, but it does require that a distinction made
have some relevance to the purpose for which the clas

617 equitable distribution
sification is made." Baxstrom v. Herold, 383 U.S. 107, 111,
86 S.Ct. 760, 763 (1966).
"As in all equal protection cases, ... the crucial question
is whether there is an appropriate governmental interest
suitably furthered by the differential treatment." Police
Dep'r v. Mosley, 408 U.S. 92, 95, 92 S.Ct. 2286, 2290
(1972).
"[Tlhe equal protection principle is exclusively associated
with written Constitutions and embodies guarantees of
equal treatment normally applied not only to the procedural
enforcement of laws but also to the substantive content of
their provisions. In other words, the equal protection of the
laws is invariably treated as a substantive constitutional
principle which demands that laws will only be legitimate
if they can be described as just and equal." Polyvios G.
Polyviou, The Equal Protection of the Laws 4 (1980).
Equal Protection Clause. (1899) The 14th Amendment
provision requiring the states to give similarly situated
persons or classes similar treatment under the law. Cf.
DUE PROCESS CLAUSE. [Cases; Constitutional Law
3000-3833.J
equal protection ofthe laws. See EQUAL PROTECTION.
equal protection under the law. See EQUAL PROTEC
TION.
Equal Rights Amendment. A failed constitutional
amendment that, had it been ratified, would have con
stitutionally prohibited sex-based discrimination .
Congress passed the Amendment in 1972, but it failed
in 1982, having been ratified by only 35 ofthe required
38 states. -Abbr. ERA.
equal-shares clause. Insurance. A clause requiring an
insurer to pay its proportionate share of a claimed
loss.
Equal Time Act. A federal law requiring that a broad
casting-facility licensee who permits a legally quali
fied candidate for public office to use the facility for
broadcasting must afford an equal opportunity to all
other candidates for the office. 47 USCA  315. [Cases;
Telecommunications C= 1153(3).]
equal-time doctrine. See FAIRNESS DOCTRINE.
eques (ee-kweez), n. [Latin] Hist. A knight.
equilocus (ee-kw;l-loh-k;:ls), n. [Latin] An equal.
equinox (ee-kw;l-noks orek-w;:l-noks), n. (14c) One ofthe
two periods of the year when the time from the sun's
rising to its setting is equal to that from its setting to its
rising. The vernal equinox is about March 21, and the
autumnal equinox is about September 22.
equip, vb. (16c) To furnish for service or against a need
or exigency; to fit out; to supply with whatever is neces
sary for efficient action.
equipment, n. (17c) The articles or implements used for a
specific purpose or activity (esp. a business operation).
 Under the UCC, equipment includes goods if(1) the
goods are used in or bought for a business enterprise
(including farming or a profession) or by a debtor that
is a nonprofit organization or a governmental subdivi
sion or agency, and (2) the goods are not inventory,
farm products, or consumer goods. UCC  9-102(a)(33).
[Cases; Secured Transactions C=16.J equipment trust. A financing device commonly used by
railroads in which a trustee and the railroad together
buy equipment from a manufacturer, with the trustee
providing most of the purchase price, and the trustee
then leases the equipment to the railroad, which pays
a rental fee comprising interest, amortization for serial
retirement, and the trustee's fee. See