Legal Terms: E
Earned Income Tax Credit
taxA refundable federal tax credit for low-to-moderate income working individuals and families, designed to reduce poverty and incentivize work.
Easement
propertyA legal right to use another person's land for a specific purpose without owning it.
Easement
real estateA nonpossessory right to use another person's land for a specific purpose, such as access, drainage, or utilities.
Easement by Prescription
real estateAn easement acquired by open, continuous, hostile, and uninterrupted use of another's land for the statutory prescriptive period.
EEOC
employmentThe Equal Employment Opportunity Commission, the federal agency responsible for enforcing federal laws prohibiting employment discrimination.
Eighth Amendment
constitutionalThe constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.
Ejectment
propertyA legal action to recover possession of real property from someone who is unlawfully occupying it.
Emancipation
familyThe legal process by which a minor is freed from parental control and granted the legal rights and responsibilities of an adult.
Embezzlement
criminalThe fraudulent taking of personal property by someone to whom it was entrusted, such as an employee stealing company funds.
Eminent Domain
propertyThe government's power to take private property for public use, provided it pays just compensation to the owner. Derived from the Fifth Amendment.
Eminent Domain
real estateThe government's power to take private property for public use, with the requirement of paying just compensation to the property owner.
Emission Standard
environmentalA legal limit on the amount of a pollutant that may be discharged from a specific source, established under statutes such as the Clean Air Act.
Emolument
constitutionalPayment or compensation for employment or services. The Emoluments Clause of the Constitution prohibits federal officials from receiving gifts from foreign governments.
Employee Retirement Income Security Act
employmentA federal law setting minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for participants.
Employer Liability
employmentThe legal responsibility of an employer for injuries, damages, or legal violations arising from the employment relationship, including respondeat superior and negligent hiring.
Employment Contract
employmentAn agreement between an employer and employee that specifies the terms of employment, including duties, compensation, and termination conditions.
Employment Contract
employmentA legally binding agreement between an employer and employee setting forth the terms and conditions of employment, including compensation, duties, and termination provisions.
EMTALA
healthcareThe Emergency Medical Treatment and Labor Act, requiring hospital emergency departments to provide medical screening and stabilizing treatment to anyone regardless of insurance status or ability to pay.
Enablement
ipA patent law requirement that the specification must teach a person skilled in the art how to make and use the claimed invention without undue experimentation.
Enabling Statute
administrativeA law that grants authority to a government agency or official to take certain actions, such as creating regulations.
Encroachment
propertyAn intrusion upon the property or rights of another, such as a building or fence extending onto a neighbor's land.
Encryption
healthcareThe process of converting data into a coded form that can only be read by authorized parties, a key safeguard under the HIPAA Security Rule.
Encumbrance
propertyA claim, lien, or liability attached to real property that may diminish its value or restrict its use, such as a mortgage, easement, or tax lien.
Encumbrance
real estateAny claim, lien, charge, or liability attached to real property that may diminish its value or restrict its use.
Endangered Species Act
environmentalA federal law providing for the conservation of species at risk of extinction throughout all or a significant portion of their range and the ecosystems on which they depend.
Enforcement Rule
healthcareThe HIPAA regulation establishing procedures for investigations, hearings, and civil monetary penalties for violations of the HIPAA Privacy and Security Rules.
Enhanced Damages
ipTreble damages that a court may award in a patent case where the infringement is found to be willful.
Enjoin
civil procedureTo issue a court order (injunction) requiring or prohibiting a specific action.
Entrapment
criminalA defense in criminal law claiming that law enforcement induced a person to commit a crime they would not otherwise have committed.
Environmental Assessment
environmentalA concise document analyzing the environmental impacts of a proposed federal action to determine whether a full environmental impact statement is required.
Environmental Audit
environmentalA systematic review of a facility's compliance with environmental laws and regulations, often conducted voluntarily to identify and correct violations before enforcement action.
Environmental Compliance
environmentalThe conformity of a business or facility with environmental laws, regulations, permits, and consent orders at the federal, state, and local levels.
Environmental Impact Statement
environmentalA detailed document required under NEPA for major federal actions significantly affecting the environment, analyzing the action's environmental consequences and alternatives.
Environmental Justice
environmentalThe fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income in the development and enforcement of environmental laws and regulations.
EPA Enforcement
environmentalActions taken by the Environmental Protection Agency to compel compliance with environmental laws, including administrative orders, civil suits, and criminal prosecution.
EPCRA
environmentalThe Emergency Planning and Community Right-to-Know Act, requiring businesses to report the storage, use, and release of hazardous substances to local communities.
Equal Opportunity
employmentThe principle that all people should be treated fairly and given the same chances for employment, education, and other benefits regardless of protected characteristics.
Equal Pay Act
employmentA federal law prohibiting sex-based wage discrimination between men and women who perform substantially equal work in the same establishment.
Equal Protection
constitutionalThe Fourteenth Amendment guarantee that all persons shall receive equal treatment under the law and that no state shall deny equal protection of the laws.
Equitable Distribution
familyA method of dividing marital property in a divorce based on fairness rather than an equal split, considering various factors.
Equity
generalA branch of law providing remedies beyond monetary damages, such as injunctions and specific performance. Also refers to ownership value in an asset.
Equity of Redemption
propertyThe right of a mortgagor to reclaim property by paying the full mortgage debt before or after foreclosure, depending on state law.
Escheat
estateThe reversion of property to the state when a person dies without a will and without legal heirs.
Escrow
propertyAn arrangement in which money, property, or documents are held by a neutral third party until specified conditions are met.
Escrow
real estateAn arrangement in which a neutral third party holds documents and funds during a real estate transaction until all conditions of the sale are met.
Essential Health Benefits
healthcareA set of ten categories of services that health insurance plans must cover under the Affordable Care Act, including hospitalization, prescription drugs, and preventive care.
Estate
estateAll of the property and assets owned by a person, especially at the time of death. Also refers to an ownership interest in land.
Estate Planning
estateThe process of arranging for the management and distribution of a person's assets during their lifetime and after death.
Estate Tax
taxA federal tax on the transfer of a deceased person's estate exceeding the lifetime exemption amount, calculated on the fair market value of assets at the time of death.
Estimated Tax
taxQuarterly tax payments made by self-employed individuals and others with income not subject to withholding to cover their anticipated tax liability.
Estoppel
generalA legal principle that prevents a person from asserting a position inconsistent with their previous conduct or representations if another party relied on those representations.
Estoppel by Deed
propertyA doctrine preventing a grantor who conveys property by warranty deed from later claiming they did not have title at the time of conveyance.
Eviction
propertyThe legal process of removing a tenant from a rental property, typically for nonpayment of rent or lease violations.
Eviction
real estateThe legal process by which a landlord removes a tenant from rental property, typically for nonpayment of rent or violation of lease terms.
Evidence
evidenceAny form of proof presented in court to establish or disprove facts in a case, including testimony, documents, physical objects, and digital records.
Ex Parte
civil procedureA legal proceeding or order involving only one party, without notice to or participation by the opposing party.
Exchange Act
securitiesThe Securities Exchange Act of 1934, which created the SEC and regulates the secondary trading of securities, broker-dealers, and exchanges.
Excise Tax
taxA tax imposed on the manufacture, sale, or use of specific goods and services, such as fuel, tobacco, alcohol, and airline tickets.
Exclusionary Rule
criminalA legal principle that prohibits evidence obtained in violation of the defendant's constitutional rights from being used at trial.
Exculpatory Clause
contractsA contract provision that releases one party from liability for damages caused by their own negligence.
Exculpatory Evidence
criminalEvidence tending to establish a criminal defendant's innocence. Prosecutors must disclose exculpatory evidence under the Brady rule.
Executor
estateA person named in a will to manage the deceased person's estate, including distributing assets and paying debts.
Executory Contract
bankruptcyA contract under which both parties have material unperformed obligations, which the debtor may assume or reject in bankruptcy.
Exemption
bankruptcyProperty or income that is protected from seizure by creditors or from taxation. In bankruptcy, exemptions determine what property the debtor may keep.
Exhaustion of Remedies
administrativeThe requirement that a party pursue all available administrative remedies before seeking judicial review.
Expert Witness
evidenceA person with specialized knowledge, training, or experience who is qualified to provide an opinion on technical or scientific matters in a legal proceeding.
Expungement
criminalThe legal process of sealing or destroying a criminal record so that it is no longer accessible to the public.
Extortion
criminalThe crime of obtaining money, property, or services through coercion, threats, or intimidation.
Extradition
criminalThe formal process of surrendering a person accused or convicted of a crime from one jurisdiction (state or country) to another.
Extraordinary Ability Visa
immigrationAn employment-based immigrant visa category (EB-1A) for individuals with extraordinary ability in sciences, arts, education, business, or athletics.