Experienced Trial Attorney  

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Elements of a crime

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

Eminent Domain

The power of the government to take private property for public use through condemnation.

Enjoining

An order by the court telling a person to stop performing a specific act.

Entity

A person or legally recognized organization.

Entrapment

The act of inducing a person to commit a crime so that a criminal charge will be brought against him.

Entry

A statement of conclusion reached by the court and placed in the court record.

Environment

The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people’s lives.

Equal Protection of the Law

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

Equity

Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.

Escheat

The process by which a deceased person’s property goes to the state if no heir can be found.

Escrow

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Esquire

In the United States the title commonly appended after the name of an attorney. In English law a title of dignity next above gentleman and below knight. Title also given to barristers at law and others. Abbreviated: Esq.

Estate

A person’s property.

Estate tax

Generally, a tax on the privilege of transferring property to others after a person’s death. In addition to federal estate taxes, many states have their own estate taxes.

Estoppel

An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.

Ethics

Of or relating to moral action and conduct; professionally right; conforming to professional standards.

Evidence

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Exceptions

Declarations by either side in a civil or criminal case reserving the right to appeal a judge’s ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule

The rule preventing illegally obtained evidence to be used in any trial.

Execute

To complete; to sign; to carry out according to its terms.

Executor

A personal representative, named in a will, who administers an estate.

Exempt property

All the property of a debtor which is not attachable under the Bankruptcy Code or the state statute.

Exhibit

A document or other item introduced as evidence during a trial or hearing.

Exonerate

Removal of a charge, responsibility, or duty.

Ex parte

On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Ex parte proceeding

Action Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Expungement

The process by which the record of criminal conviction is destroyed or sealed.

Extradition

The surrender of an accused criminal by one state to the jurisdiction of another.