Et seq
An abbreviation for et sequentes, or et sequential "and the following," ordinarily used in referring to a section of statutes.
Evidence
Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact.
Ex contractu
Arising from a contract.
Ex delicto
Arising from a wrong, breach of duty. See tort.
Ex parte
By or for a single party; done for, in behalf of or on the application of one party only as distinguished from an adversary (contested).
Ex post facto
After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted.
Exclusion of witnesses
An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.
Exclusionary rule
A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the proceeding.
Exclusive jurisdiction
The matter can only be filed in one court.
Executor
A person assigned to carry out the provisions of a will.
Exhibit
A paper, document or other article presented and offered into evidence in court during a trial or hearing or prove the facts of a case.
Expert testimony
Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject.
Expungement
A court order allowing the destruction or sealing of records of minors or adults, after the passage of a specified period of time or when the person reaches a specified age and has not committed another offense.
Extradition
The surrender by one state to another of an individual accused or convicted of an offense outside it own territory, and within the territorial jurisdiction of the other.
Extraordinary writ
A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto
False arrest
Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.
False pretenses
Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.
Fee simple absolute
The most complete, unlimited form of ownership of real property.
Felony
A crime punishable by death or imprisonment for a term of not less than one year, and the crime is of a more serious nature than a misdemeanor.
Fiduciary
A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree or care to maintain and preserve the person's rights and/or property which are within his/her charge.
Fifth amendment
Among other right, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.
Fine
A sum of money paid as part of a penalty of conviction for a particular criminal offense.
First appearance
A proceeding in a felony case in which the defendants come before the magistrate and are informed of the charges against them and of their rights to a preliminary hearing, to counsel and to bail. No plea is asked for at this state.
Forcible entry and detainee
Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.
Foreclosure
A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage.
Forgery
The false making or material altering, with intent to defraud, of any writing which, if genuine, might be the foundation of a legal liability.
Foundation
In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses' qualifications must be shown before expert testimony will be admissible.
Fourteenth amendment
Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.
Fraud
An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right.
Garnishment
A remedial device used by a creditor to have property of the debtor or money owed to the debtor that is in the possession of a third party attached to pay the debt to the creditor.
Guilty
The accused pleads " guilty " when he confesses the crime of which he is charged and the jury convicts when the accused is guilty.
Habeas corpus
Latin phrase meaning "you have the body"; A civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal convictions.
Harmless error
An error committed by a lower court during a trial, but determined by an appellate court not to be prejudicial to the rights of the party affected, and therefore furnishing no basis for reversal of the lower court's judgment.
Hearing de novo
A full new hearing.
Hearsay
Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something.
Hung jury
A jury which cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried.
Hypothetical question
An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.
Immunity
Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.
Impanel
To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impanelled. The jurors are sworn in and the trial is ready to proceed.
In camera
In a judge's chambers; in private.
In loco parentis
"In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place.
Incapacity
Those who are needy and poor, or those who have not sufficient property to furnish a living nor anyone able to support them to whom they are entitled to look for support.
Information
The first paper filed in criminal prosecution which states the crime of which the defendant is accused.
Injunction
A court order forbidding or requiring a certain action.
Instruction
A direction given by the judge to the jury concerning the law to be applied in the case.
Inter alia
Among other things.
Interlocutory
Provisional; temporary. Often used in reference to a court order that is not a final disposition of the case but decides some point or matter.
Interrogatories
In the discovery phase of civil litigation these written questions are submitted by one party to another party and must be answered in writing under oath.
Intervention
Procedure in a suit or action by which the court permits a third person to intervene and become a party.
Intestate
The status of a person who dies without leaving a will.