Glossary of Tort Law Terms

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Legal Glossaries Index

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: "In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.

Encumbrance: Any claim or restriction on a property's title.

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.

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. May include testimony, documents, photographs, maps and video tapes.

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.

Executor: Person named in a will to oversee and manage an estate.

Exigent Circumstances: Emergency conditions.

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.