All terms

Legal Terms: E

Earned Income Tax Credit

tax

A refundable federal tax credit for low-to-moderate income working individuals and families, designed to reduce poverty and incentivize work.

Easement

property

A legal right to use another person's land for a specific purpose without owning it.

Easement

real estate

A nonpossessory right to use another person's land for a specific purpose, such as access, drainage, or utilities.

Easement by Prescription

real estate

An easement acquired by open, continuous, hostile, and uninterrupted use of another's land for the statutory prescriptive period.

EEOC

employment

The Equal Employment Opportunity Commission, the federal agency responsible for enforcing federal laws prohibiting employment discrimination.

Related:title viiada

Eighth Amendment

constitutional

The constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.

Ejectment

property

A legal action to recover possession of real property from someone who is unlawfully occupying it.

Emancipation

family

The legal process by which a minor is freed from parental control and granted the legal rights and responsibilities of an adult.

Embezzlement

criminal

The fraudulent taking of personal property by someone to whom it was entrusted, such as an employee stealing company funds.

Related:fraudtheft

Eminent Domain

property

The 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 estate

The government's power to take private property for public use, with the requirement of paying just compensation to the property owner.

Emission Standard

environmental

A 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

constitutional

Payment 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

employment

A federal law setting minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for participants.

Employer Liability

employment

The legal responsibility of an employer for injuries, damages, or legal violations arising from the employment relationship, including respondeat superior and negligent hiring.

Employment Authorization Document

immigration

A card issued by USCIS granting a foreign national permission to work in the United States for a specific period.

Employment Contract

employment

An agreement between an employer and employee that specifies the terms of employment, including duties, compensation, and termination conditions.

Employment Contract

employment

A legally binding agreement between an employer and employee setting forth the terms and conditions of employment, including compensation, duties, and termination provisions.

EMTALA

healthcare

The 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

ip

A 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

administrative

A law that grants authority to a government agency or official to take certain actions, such as creating regulations.

Encroachment

property

An intrusion upon the property or rights of another, such as a building or fence extending onto a neighbor's land.

Encryption

healthcare

The 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

property

A 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.

Related:lienmortgage

Encumbrance

real estate

Any claim, lien, charge, or liability attached to real property that may diminish its value or restrict its use.

Endangered Species Act

environmental

A 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

healthcare

The HIPAA regulation establishing procedures for investigations, hearings, and civil monetary penalties for violations of the HIPAA Privacy and Security Rules.

Enhanced Damages

ip

Treble damages that a court may award in a patent case where the infringement is found to be willful.

Enjoin

civil procedure

To issue a court order (injunction) requiring or prohibiting a specific action.

Entrapment

criminal

A defense in criminal law claiming that law enforcement induced a person to commit a crime they would not otherwise have committed.

Environmental Assessment

environmental

A concise document analyzing the environmental impacts of a proposed federal action to determine whether a full environmental impact statement is required.

Environmental Audit

environmental

A 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

environmental

The conformity of a business or facility with environmental laws, regulations, permits, and consent orders at the federal, state, and local levels.

Environmental Impact Statement

environmental

A detailed document required under NEPA for major federal actions significantly affecting the environment, analyzing the action's environmental consequences and alternatives.

Environmental Justice

environmental

The 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

environmental

Actions taken by the Environmental Protection Agency to compel compliance with environmental laws, including administrative orders, civil suits, and criminal prosecution.

EPCRA

environmental

The 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

employment

The 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

employment

A federal law prohibiting sex-based wage discrimination between men and women who perform substantially equal work in the same establishment.

Equal Protection

constitutional

The 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

family

A method of dividing marital property in a divorce based on fairness rather than an equal split, considering various factors.

Equity

general

A 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

property

The right of a mortgagor to reclaim property by paying the full mortgage debt before or after foreclosure, depending on state law.

Escheat

estate

The reversion of property to the state when a person dies without a will and without legal heirs.

Escrow

property

An arrangement in which money, property, or documents are held by a neutral third party until specified conditions are met.

Related:closingdeed

Escrow

real estate

An 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

healthcare

A 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

estate

All of the property and assets owned by a person, especially at the time of death. Also refers to an ownership interest in land.

Related:probatewill

Estate Planning

estate

The process of arranging for the management and distribution of a person's assets during their lifetime and after death.

Related:willtrust

Estate Tax

tax

A 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

tax

Quarterly tax payments made by self-employed individuals and others with income not subject to withholding to cover their anticipated tax liability.

Estoppel

general

A 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

property

A doctrine preventing a grantor who conveys property by warranty deed from later claiming they did not have title at the time of conveyance.

Related:deedestoppel

Eviction

property

The legal process of removing a tenant from a rental property, typically for nonpayment of rent or lease violations.

Eviction

real estate

The legal process by which a landlord removes a tenant from rental property, typically for nonpayment of rent or violation of lease terms.

Evidence

evidence

Any 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 procedure

A legal proceeding or order involving only one party, without notice to or participation by the opposing party.

Exchange Act

securities

The Securities Exchange Act of 1934, which created the SEC and regulates the secondary trading of securities, broker-dealers, and exchanges.

Excise Tax

tax

A tax imposed on the manufacture, sale, or use of specific goods and services, such as fuel, tobacco, alcohol, and airline tickets.

Exclusionary Rule

criminal

A legal principle that prohibits evidence obtained in violation of the defendant's constitutional rights from being used at trial.

Exculpatory Clause

contracts

A contract provision that releases one party from liability for damages caused by their own negligence.

Exculpatory Evidence

criminal

Evidence tending to establish a criminal defendant's innocence. Prosecutors must disclose exculpatory evidence under the Brady rule.

Executor

estate

A person named in a will to manage the deceased person's estate, including distributing assets and paying debts.

Related:probatewill

Executory Contract

bankruptcy

A contract under which both parties have material unperformed obligations, which the debtor may assume or reject in bankruptcy.

Exemption

bankruptcy

Property 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

administrative

The requirement that a party pursue all available administrative remedies before seeking judicial review.

Expert Witness

evidence

A person with specialized knowledge, training, or experience who is qualified to provide an opinion on technical or scientific matters in a legal proceeding.

Expungement

criminal

The legal process of sealing or destroying a criminal record so that it is no longer accessible to the public.

Extortion

criminal

The crime of obtaining money, property, or services through coercion, threats, or intimidation.

Extradition

criminal

The formal process of surrendering a person accused or convicted of a crime from one jurisdiction (state or country) to another.

Extraordinary Ability Visa

immigration

An employment-based immigrant visa category (EB-1A) for individuals with extraordinary ability in sciences, arts, education, business, or athletics.