EASEMENT: Gives one party the right to go onto another party's property. Utilities often get easements that allow them to run pipes or phone lines beneath private property.
ELECTIVE SHARE: Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse's will.
EMANCIPATION: When a minor has achieved independence from his or her parents, often by getting married before reaching age 18 or by becoming fully self-supporting.
EN BANC: French for "by the full court." When all the members of an appellate court hear an argument, they are sitting en banc.
ENCUMBRANCE: Any claim or restriction on a property's title.
EQUAL ACCESS ACT: A law passed by Congress in 1984. It requires public schools to allow students who to meet before and after classes for religious purposes, including prayer, if they want to do so. If all extracurricular activities are prohibited by a school, it can also nix the prayer meetings. Otherwise, it has to allow them.
EQUAL PROTECTION CLAUSE: Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another.
EQUITABLE DISTRIBUTION: In a divorce, one of the ways in which property is divided. In states with equitable distribution systems, property acquired during a marriage is jointly owned by both spouses. Equitable distribution does not necessarily mean equal distribution, and ownership does not automatically split fifty-fifty. Rather, the distribution must be fair and just (equitable).
ESCROW: Money or documents, such as a deed or title, held by a third party until the conditions of an agreement are met. For instance, pending the completion of a real estate transaction, the deed to the property will be held "in escrow."
ESCROW ACCOUNT: A special account in which a lawyer or escrow agent deposits money or documents that do not belong to him or his firm.
ESCROW AGENT: In some states, this person conducts real estate closings and collects the money due the parties.
ESTABLISHMENT CLAUSE: Portion of the First Amendment to the U.S. Constitution that prohibits government from "establishing" a religion.
ESTATE: All the property a person owns.
EVIDENCE: The various things presented in court to prove an alleged fact. Includes testimony, documents, photographs, maps and video tapes.
EXECUTOR: Person named in a will to oversee and manage an estate.
EXEMPT EMPLOYEES: Workers not entitled to overtime, generally workers in executive, administrative or professional positions.
EXEMPT PROPERTY: In a bankruptcy, the possessions that a person is allowed to keep.
EXIGENT CIRCUMSTANCES: Emergency conditions.
EX PARTE: Latin that means "by or for one party." Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.
EXPERT WITNESS: A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present. For example, an arson expert could testify about the probable cause of a suspicious fire.
EXPRESS WARRANTY: An assertion or promise concerning goods or services. Statements such as "This air conditioner will cool a five-room house," or "We will repair any problems in the first year" are express warranties.