Legal Glossary Fort Lauderdale
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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.
En Banc- All the judges of a court
sitting together. Appellate courts can consist of a dozen or more
judges, but often they hear cases in panels of three judges. If
a case is heard or reheard by the full court, it is heard en banc.
Encyclopedia- A book or series of
books arranged alphabetically by topics containing information on
areas of law, including citations to support the information
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.
Environmental Protection (EPA) -A
federal agency created to permit coordinated and environment effective
governmental action to preserve the quality of the Agency.
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.
Sheldon J. Schlesinger, P.A. represents clients throughout
the state of Florida including the cities of Boca Raton, Boynton
Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie,
Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood,
Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm
Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach
Broward County • Miami-Dade County • Palm Beach
County
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