Law

Dram Shop Act: Legal Liabilities of Tavernkeepers
The Dram Shop Act refers to state laws defining the liabilities of tavernkeepers who serve alcoholic beverages to intoxicated patrons, establishing that this practice creates unreasonable risks of harm and results in charges of negligent conduct and legal liability.
Draw: Financial and Legal Actions Defined
An in-depth exploration of 'Draw' encompassing its usage in banking, finance, and legal contexts.
Dual Contract: An Unethical Practice in Financial Transactions
Dual Contract refers to the illegal or unethical practice of providing two different contracts for the same transaction. The one with a larger amount is generally used to apply for a loan, while the actual contract reflects a lower amount.
Due Care: Standard of Ordinary Prudence in Tort Law
Due Care refers to the degree of care that a person of ordinary prudence and reason, a 'reasonable man,' would exercise under specific circumstances. It is a critical concept in tort law used to determine the standard of care or legal duty one owes to others, indicating a fundamental legal obligation. Negligence is characterized by the failure to exercise due care.
Due Date: Time Fixed for Payment of Debt, Tax, Interest, etc.
A comprehensive guide to understanding due dates in financial and legal contexts, covering various types of payments including debt, tax, and interest.
Due Process: Procedures to Protect Property Rights
A comprehensive overview of the procedures the government must follow to legally restrict or condemn an individual's property rights, ensuring fair treatment and proper notification.
Dummy: Definition and Use in Transactions
A comprehensive overview of the term 'dummy' as used in legal and business transactions, including its definition, applications, and related concepts.
Duress: Compulsion and Coercion in Law
An in-depth look at duress, its legal implications, and its recognition as a defense in various legal contexts.
Duty: Detailed Definition and Applications
A comprehensive definition and discussion of 'Duty,' covering its applications in taxation, legal fiduciary obligations, and more.
Edict: Official Organizational Decree
An official mandate or proclamation issued by a high authority, often to regulate or announce specific matters within an organization or state.
Election: Choosing a Course of Action
Election is the process of deciding or choosing a particular course of action. In legal contexts, it can refer to decisions such as incorporating specific provisions in wills.
Electronic Communications Privacy Act (ECPA): Comprehensive Overview
The Electronic Communications Privacy Act (ECPA) is a U.S. law enacted in 1986 that prohibits unlawful access and certain disclosures in various forms of wire and electronic communications. It also restricts government access to electronic communications without proper procedure.
Electronic Signature: Secure Digital Approval
Electronic Signature - A secure method for sending identity verification and approval for contracts or agreements over the Internet using security measures like a PIN.
Emancipation: Legal Independence for Minors
The process by which a minor is granted the freedom to assume certain legal responsibilities normally associated with adults.
Embezzlement: Fraudulent Appropriation of Property
A comprehensive entry on embezzlement, examining its legal definition, historical context, types, significant examples, and related terms.
Emblements: Rights and Definitions
Understanding the concept of emblements, the rights of tenants to crops, and the legal handling of annual vegetable chattels.
Employee Retirement Income Security Act (ERISA): 1974 Law Governing the Operation of Most Private Pension and Benefit Plans
The Employee Retirement Income Security Act (ERISA) of 1974 established guidelines for managing private pension funds, eased pension eligibility rules, and created the Pension Benefit Guaranty Corporation (PBGC) to protect beneficiaries.
Employer's Liability Acts: Comprehensive Overview of Employer Liabilities
Understanding Employer's Liability Acts, their historical context, and their distinction from Workers' Compensation laws. Learn about employer duties, negligence, and the legal implications of these statutes.
Employment at Will: The Right of an Employer
An exploration of 'Employment at Will,' its principles, historical context, implications, and related legal considerations.
Employment Contract: Formal Agreement Between Employer and Employee
An in-depth analysis of the formal agreement that defines the relationship, roles, and responsibilities between an employer and an employee, ensuring compliance with Affirmation Action laws and prohibiting discrimination.
Encroachment: Intrusion upon Property
Encroachment refers to a building, part of a building, or obstruction that physically intrudes upon, overlaps, or trespasses upon the property of another; verified by a survey.
Encumbrance: Legal Restrictions on Property
A comprehensive examination of encumbrances - rights or interests in real property that do not prohibit the transfer of title but diminish property value.
Enjoin: To Command or Instruct with Authority
Exploring the concept of 'Enjoin,' a term used to command or instruct with authority, often in legal contexts. See also 'Injunction.'
Entity Legal Form: Choosing the Right Structure for Property Ownership
Understanding the different legal forms of ownership, including Corporation, S Corporation, Sole Proprietorship, Joint Venture, Limited Partnership, Partnership, Tenancy in Common, Joint Tenancy, Limited-Liability Corporation, Limited-Liability Partnership, and Real Estate Investment Trust (REIT), and the benefits and risks associated with each.
Equal Credit Opportunity Act: Ensuring Fair Credit Practices
An in-depth look at the Equal Credit Opportunity Act, federal legislation aiming to prohibit discrimination in credit transactions based on personal characteristics and financial status.
Equal Employment Opportunity Commission (EEOC): A Federal Agency Ensuring Nondiscrimination in Employment
The Equal Employment Opportunity Commission (EEOC) is a federal agency in the United States tasked with enforcing laws against workplace discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. This comprehensive entry covers its roles, responsibilities, history, and impact on employment practices.
Equal Protection of the Laws: Constitutional Guarantee
The essential purpose of the constitutional doctrine of Equal Protection of the Laws, embodied in the Fourteenth Amendment to the U.S. Constitution, is to ensure that the laws and the government treat all persons alike, unless there is some substantial reason why certain persons or classes of persons should be treated differently.
Equal Rights Amendment (ERA): Gender Equality in U.S. Law
The Equal Rights Amendment (ERA) aims to eliminate sex-based discrimination in laws. Though not ratified, its principles shape many statutes and court decisions.
Equitable: Justice and Fairness in Practice
An exploration of the concept of equitable, marked by due consideration for fairness and impartiality, unhampered by technical legal rules.
Equitable Distribution: Fair Division of Property Among Interested Persons
Comprehensive overview of equitable distribution, focusing on the fair division of property among interested persons, its historical context, applications, and related concepts.
Equitable Title: Pre-Purchase Interest
An examination of the interest held by one who has agreed to purchase but has not yet closed the transaction, known as equitable title.
ERISA: Employee Retirement Income Security Act
A comprehensive act that establishes minimum standards for pension and health plans in private industry to provide protection for individuals in these plans.
Escape Clause: Contractual Provision
An escape clause is a provision in a contract that allows one or more parties to cancel all or part of the contract if certain events or situations do or do not occur.
Escheat: Reversion of Property to the State
Escheat refers to the reversion of property to the state in the event that the owner dies without leaving a will and has no legal heirs.
Espionage: Act of Spying
Espionage refers to the act of spying on activities to gather confidential information, often involving both governmental and corporate sectors.
Esquire (Esq.): Title Used for Lawyers
The designation Esquire (Esq.) is a professional title used for lawyers in place of a preceding honorific, such as 'Mr.' or 'Ms.'. It signifies a person's status and role within the legal profession.
Estate: Understanding Ownership and Interests in Property
An in-depth exploration of the concept of 'Estate' in the context of ownership, including real property and personal property, and the nature and extent of interests in land.
Estate in Severalty: Property Owned by a Sole Person
An Estate in Severalty refers to the exclusive ownership of a property by a single individual, distinguishing it from forms of joint ownership. This entry explores the concept, legal implications, examples, and related terms.
Estate Planning: Planning for the Orderly Handling, Disposition, and Administration of an Estate
Estate Planning encompasses strategies and processes for managing, transferring, and protecting one's estate upon death, ensuring minimal tax costs, and fulfilling the owner's wishes effectively. This includes drawing up wills, setting up trusts, and other crucial components.
Estate Planning Distribution: Comprehensive Overview
An in-depth guide to estate planning distribution, including methods for distributing property during one's lifetime and posthumously through wills and state law.
Estate Tax Payable: Calculation and Components
Understanding Estate Tax Payable, a critical concept in taxation, involves calculating the amount due after various deductions from the Tentative Estate Tax.
Estoppel: Legal Restraint and Bar
Estoppel is a legal principle that prevents a person from denying or asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
Estovers: The Right of Tenants to Use Timber for Maintenance
Comprehensive coverage of the legal concept of estovers, detailing the rights of tenants, types of estovers, historical context, and related legal terms.
ET UX. (Et Uxor): Abbreviation Meaning 'And Wife'
ET UX. is an abbreviation for 'et uxor', a Latin phrase meaning 'and wife', used in old legal documents like wills and deeds to refer to a wife along with her husband.
Eviction: Legal Removal from Real Estate
Eviction is the physical expulsion of someone from real estate by the assertion of superior title or through legal proceedings. This entry discusses types, processes, and implications of eviction.
Eviction, Actual: Definition and Context
Actual eviction refers to the removal of a person from a property, either by force or by due process of law. This legal term encompasses physical removal and has significant implications in landlord-tenant relationships.
Eviction, Constructive: Legal Concept of Property Unfitness
Overview of constructive eviction, a legal concept where through the landlord's fault, physical conditions of a property render it unfit for its leased purpose.
Ex Post Facto: Retroactive Laws and Their Implications
Ex Post Facto laws refer to legislation that retroactively changes the legal status or consequences of actions that were committed before the enactment of the law. Such laws are generally prohibited by the United States Constitution.
Exculpatory: Legal and Financial Implications
Comprehensive overview of the term 'Exculpatory,' covering its legal and financial contexts, implications, and examples.
Executed: Fully Accomplished or Performed
Detailed definition of 'Executed,' fully accomplished or performed with no remaining unfulfilled actions, and its comparison to 'Executory.'
Executed Contract: A Complete Fulfillment of Terms
An executed contract is a contractual agreement whose terms have been fully performed and fulfilled by all parties involved. This contrasts with an executory contract where obligations remain pending.
Execution Law: Definition and Applications
Execution Law pertains to the signing, sealing, and delivering of contracts or agreements to make them valid, as well as carrying out securities trades in financial contexts.
Executor (Executrix): Key Role in Estate Administration
An executor (executrix) is a person designated to carry out the wishes expressed in a will regarding the administration of the estate and the distribution of its assets.
Executory: Legal Definition and Context
A detailed explanation of the term 'executory,' its usage in legal contexts, and its implications in various scenarios including contracts, estates, and transactions.
Expert Witness: A Key Figure in Legal Proceedings
Explore the role, qualifications, and importance of an Expert Witness in legal proceedings, along with historical context, related terms, and frequently asked questions.
Expiration: Date on which a Contract Ceases to be Effective
Expiration refers to the date on which a contract, agreement, license, magazine subscription, etc., ceases to be effective. In options trading, it denotes the last day an option can be exercised.
Express Authority: A Detailed Overview
Express Authority refers to the clear and unequivocal granting of authority, either orally or in writing, to act on another's behalf. It is explicitly communicated and not inferred from circumstances.
Express Contract: Contract with Clear Written or Spoken Terms
A comprehensive exploration of express contracts which are legally binding agreements where terms are explicitly stated either in writing or verbally.
Fact Finder: Neutral Party in Dispute Resolution
A comprehensive look at the role of a Fact Finder in resolving disputes through impartial study and fair recommendations.
Fair Competition: A Balanced Market Environment
An exploration into the principles and importance of fair competition in various industries, and the ramifications of unfair competitive practices.
Fair Credit Billing Act (FCBA): Comprehensive Guide
An in-depth exploration of the Fair Credit Billing Act (FCBA), a federal law designed to address credit complaints and eliminate abusive billing practices.
Fair Housing Law: Ensuring Equal Housing Opportunities
A comprehensive overview of the Fair Housing Law, which prohibits discrimination in the sale or rental of homes and apartments.
Fair Trade: Practices and Historical Context
Fair Trade in Retailing: Agreements between manufacturers and retailers to sell products at or above an agreed price. Historical overview and legislative impact.
Fair Use: A Legal Doctrine in Copyright Law
Fair use allows the quotation or reproduction of a small portion of copyrighted material without requiring the permission of the copyright holder, under specific conditions.
Falsify: Definition and Implications
Falsify refers to the act of altering or manipulating information, documents, or data in order to deceive others. Such actions can have significant legal, ethical, and societal consequences.
Familial Status: Definition and Legal Implications
Detailed explanation of Familial Status, its significance under Fair Housing Law and Fair Credit Reporting Act, and its impact on rights regarding housing and credit.
Federal Trade Commission (FTC): Regulatory Body Overview
An overview of the Federal Trade Commission (FTC), its history, roles, responsibilities, and its impact on consumer protection and antitrust regulations in the United States.
Federal Trade Commission (FTC): Overview and Importance
Detailed explanation of the Federal Trade Commission (FTC), its role in maintaining free enterprise and competition, and its historical significance.
Fee: Definition and Usage in Various Contexts
Fee in the context of real property refers to an estate of complete ownership that can be sold or devised to heirs. Additionally, a fee can signify the cost of professional services.
Fee Simple: Absolute Ownership of Real Property
Fee Simple, or Fee Absolute, represents the most complete ownership of real property, with unconditional power of disposition during the owner's life, and inheritance rights upon death.
Fiduciary: Definition, Responsibilities, and Types
A detailed exploration of fiduciaries, their responsibilities, various types, examples, and their importance in legal and financial contexts.
Fiduciary Bond: Types and Applications
Comprehensive explanation of Fiduciary Bond, including its different types, legal implications, examples, and historical context. See also Judicial Bond.
Financial Services Modernization Act of 1999: A Transformative Law in Financial Regulation
Also known as the Gramm-Leach-Bliley Act, this 1999 law repealed sections of the Glass-Steagall Act and the Bank Holding Company Act of 1956, facilitating affiliations among banks, securities firms, and insurance companies.
Fixed-Price Contract: A Comprehensive Overview
A Fixed-Price Contract is a type of contract where the price is predetermined and remains unchanged, regardless of the actual costs incurred during production.
Fleet Factors: Landmark 1990 Court Decision
The Fleet Factors decision clarified a lender's potential exposure to liability for environmental cleanup if the lender acquires property by foreclosure.
Fly-by-Night: Unreliable or Shady Businesses
Originally referring to a swindler who fled hurriedly from a business situation after his modus operandi had been discovered by the locals, it now refers to a shady business, often operating out of a post office box or accommodation address, that cannot be located when its merchandise or product proves unsatisfactory.
Forbearance: A Policy of Restraint in Legal Action
A comprehensive understanding of forbearance in the context of contractual obligations, remedies for default, and the legal implications.
Forensic Accountant: The Investigator of Financial Misconduct
A forensic accountant combines accounting, investigative, and legal expertise to uncover and analyze financial discrepancies, fraud, and hidden assets in legal disputes.
Forfeiture: Permanent Loss of Property for Legal Non-Compliance
Forfeiture refers to the permanent loss of property for failure to comply with the law, involving the divestiture of the title of property without compensation for a default or an offense.
FORM Model of a Legal Document: Essential Phrases and Words of Art
A detailed overview of the FORM model of legal documents, emphasizing the importance of precision in language, procedural correctness, and common phrases and words of art.
Fractional Interest: Ownership of Partial Rights in Real Estate
Fractional Interest refers to the ownership of some but not all rights in real estate. Examples include easements, hunting rights, and leasehold properties.

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