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