EFFORT OF A CRIME crime attemption , trying to committ a crimewithout to reach the target of criminal intention. From latin ” exfortiaere ” = to show the own’s capacity to do something.
EJECTMENT ACTION action usually used to remove a person from a landbecause not entitled, or action used for the recovery of a land possession. From latin ” ejectus ” = taken off from a place .
ELECTION the process by which candidates for office can be selected amonga group of several competitors. From latin ” ex ” = from / ” lectus ” = choosen. There fore , choosen from or among a group of people ( candidate : from latin ” candidatus ” = white dress. In fact, in the old roman empire, the candidates to the senate, were in habit to turn around the Rome’s streets, with a white dress, to distinguish themselves among the other common people. The white was a symbol of purity and fairy) .
EMANCIPATION release of children from parental authority , discharge ofparents from the duty of care and maintenance of own children. From latin ” ex ” = from / “mancipatus ” = gone away. In figurative sense, a child goneaway from his originary family.
EMERGENCY DOCTRINE principle of torts law absolving a person from aliability caused by his action or omission, because this person was acting in reasonable way due to emergency or dangerous. From latin ” emergere ” = to raise up . Here, in figurative sense, the emergency represents a unforeseen and new situation suddenly risen up.
EMINENT DOMAIN the government’s power to seize the private propertyfor purposes of public utility upon the payment of just indemnity or compensation . From latin “eminens ” = superior / ” dominium ” = power. Here , meaning that the government, in case of necessity of public utility, can exercise on a property, a superior power than the private owner.
EMISSARY AGENT a person appointed to perform a diplomatic duty, a political task or mission. From latin ” ex ” = by / ” missus ” = sent . Therefore, agent sent by the government with a specific purpose.
EMOLUMENT rules establishing the banthe money award resulting byperformance of a public utility task or keeping of a public office. From latin ” emolumentum ” = utility , profit, reward. Therefore the emolument is theprofit money granted for a performance made.
EMPIRICAL RESEARCH ABOUT PUBLIC ORDER kind of researchabout people criminal conduct purely by the material experience , therefore untied from theory or system but made on the reality. For example, a study about gangs joining on the criminal areas, is made examining the policeman’s report and testimony. From latin ” em ” = here ! there! exactly! / ” purus ” = clear, clarity , frank. Here , in figurative sense meaning a fresh fact, observed directly by a person. Is even possible that the term is coming from old greek ” pur ” = fire. Here in the figurative sense, the fire is representing theexperience, a thing that is possible to acknowledge only by the personal touch or sight.
EMPLOYMENT the action direct to utilize the service of a person, uponpayment, the hiring of a person for a work or service performance . From latin ” impleo ” = i complete, i fulfil, i perform. In figurate sense, is meaning performance a duty, to complete a task , fulfil a performance ( the work or service is the performance )
ENABLING ACT set of rules or legislation granting a special power orauthority to a private person or public body or removing a legal disability. For example, the enabling act granting special power to the national guard in case of public commotion . From latin ” in ” = to / ” habilis ” = skills, competences, capacities . Therefore, to give to someone the legal capacity to perform a specific task.
ENDORSMENT OF A CHEQUE to write one’s name as payee on the backof a cheque . To support a politician during his candidature. From latin ” in ” = over / ” dorsum ” = back
ENDOWMENT gift of money or asset for the maintenance or support of aperson or institution. Funds collected for the support or public or charity institution . From latin “indumentum ” = dress, covering. Here , in figurative sense, the dress or the covering is representing the gift , the tools given by someone because the association as beginning is “naked” or lacking of tools or funds.
ENDOWMENT POLICY kind of life insurance policy with proceed payableto the beneficiary at the end of a stipulated term, when the assured is “naked or bare”, therefore not covered by insurance. From latin ” indumentum ” = dress, covering. Here, in figurative sense, the dress is representing the insurance coverage in favour of assured at the end of insurance period, therefore when he will be “naked or bare ” of any coverage
ENTITLEMENT right or title conferred by public body to a defined class ofpersons . Therefore , a entitled right is a legal right given by government or the furnishing of the basis of a claim or right. From latin ” titulus ” = title, sign. Here in figurative sense, the sign is representing the distinguish among person having or not having a title.
EQUALITY IN FRONT OF THE LAW constitutional statement assertingthe same condition of the all people under a trial. From latin ” aequare ” = to reach the same level of another person.
EQUITY law and jurisprudence system having an origin in old english lawcourt . This system was and is inspired to principle of general fairness and justice , and is in the former centuries was enforcing in the equity courts. From latin ” aequare ” = to reach the same level of another , therefore means to reach in a equity court, the same outcome reachable in the law court.
EQUIVALENT DOCTRINE doctrine enforced by patent law, dealing therelations between two different patented device, having the same function but different shape. From latin “aequus ” = same, equal / ” valens ” = effective .
ERROR IN LAW / ERROR IN FACT in litigation law, is a mistake oroversight made by a lower court judge during an evidence admitting or ruling on a motion. That can be raised and objected by lawyer during the trial . From latin “errare ” = go the wrong way.
ESTABLISHED BY JUDGE ordered by lawcourt , stated or enforced bylawcourt. From latin “stabilire ” = to consolidate, to decide.
ESTOPPEL restraint or impediment imposed by a rule or agreement will ,clause of prevention from hypothetical and future legal action or claim by a party. From latin “stupui ” = i halted, i have been prevented from.
ESTOVER RIGHT right which is vested a land tenant , enabling himself tocollect an amount of wood as he is needing, but also the right of divorced wife to receive the alimony by her former husband. From latin ” aestus ” = heat. The heat given by a fired wood, in figurate sense, is representing the source of maintenance against the cold (the lack of own wage).
ETHICS set of rule represented the canon and judicial standard of conductadopted by several association of lawyers. From latin ” ethicus ” = concerning the moral conduct.
EVICTION recovery of possession of property by means of legal process.From latin “evictus ” = bounded with chains. This terms is referring a practice, on the old roman empire, to arrest the defaulter in payment with the use of chains.
EVIDENCE anything able to furnish a proof or tending to prove a fact ormatter. From latin “evidentia ” clarity, expression. Therefore, means the expression of another matter or fact. Also from latin ” ex ” = from / ” videor ” = to look like. In fact from the examination of an evidence , the proof would be look like to the fact real happened.
EXCISE TAX a tax striking some kinds of commodities or products. Fromlatin ” excessi ” = i went beyond ( the State’s border , therefore the custom or also to go beyond a determinate level of consumption ) or also from ” ex ” = by / “caesus ” = cut . In figurative sense , the originary amount of money is cut by the taxation.
EXCLUSIONARY RULE rule of criminal trial, involving the exclusion ofevidence obtained illegally (as a result of unreasonable seizure or against a constitutional articles of law ) . From latin ” exclusus ” put out of a home. Here in figurative sense , the evidence illegally obtained, is closed out of the home ( the home is representing the courthouse , the lawcourt) . In fact in all the other meanings , the word “exclusive ” is meaning ” a relationship between a thing and a restricted groups or purpose (eg: exclusive agency , exclusive contract ).
EXCULPATORY CLAUSE a document’s clause involving a relief fromliability of a party, in case of wrongful actions or negligence during the performance of a duty . From latin “excludere ” = to put something out / ” culpa ” = guilt , defect . Therefore, the meaning is a guilt closed out of theagreement, not involved by settlement .
EXCUSABLE ACTION an action that ordinarily would be wrongful orillegal but, in circumstances involving a necessity or danger, gets right or legal (for example a killing of a person made in self-defence). From latin ” excusare ” = to justify .
EXECUTIVE AGREEMENT enforceable treaty like an agreement amongtwo or more nations. From latin ” ex ” = by / ” secutus sum ” = followed . Here in the figurative sense, means that a State has been followed by another State in the signature of the treaty.
EXECUTOR the person appointed by a testator to carry out all the purposespecified in will to manage his property in accordance with testamentary instructions. From latin “ex” = by / ” secutus sum ” = performed. In figurative sense , means a task performed by a person appointed by a testator.
EXEMPTION FROM A DUTY release or immunity for an obligationusually required for the other people belonging to the same group , to free a person from a performance of duty which, usually is compulsory for other person belonging to the same group or same class ( e.g. = exemption from military service, exemption for taxation ) . From latin ” exemptus ” = taken off, removed . In figurative sense, means that a duty has been removed.
EXHAUSTION OF REMEDIES ( DOCTRINE OF E. ) doctrine statingthat a party, before move an action in the lawcourt , has to proceed through all available administrative remedies. From latin ” exhaustus ” = empty . Here, in figurative sense , means that the bottle of administrative remedies is empty, therefore is need to seek the assistance of the lawcourt. In fact the ” exhaust pipe ” is a tube by means the unloaded gas of car’s engine is going out, making empty the engine.
EXIGENT CIRCUMSTANCES OF EVIDENCE RESEARCH in criminallaw, circumstance of necessity justifying a immediate police search or rummaging even in the lack of warranty . From latin ” exigo ” = i demand to, i claim to, it’s matter to me . In the figurative sense, means a pressing circumstance.
EXILE measure providing the expulsion or the ban of a person from one’sown country . From latin ” exilium ” = ban.
EXONERATION removal somebody from an obligation. From latin “ ex ” =abbreviation of ” exemptio ” = freedom / ” oneratus ” = loaded , or also ” exoneratus ” = unloaded.
EXPATRIATION statement wich a person is renouncing to the citizenship ofhis country of origin and electing the citizenship of another country . From latin ” ex “= from / “patria ” = country of origin, nativity nation. Therefore, coming from his own country.
EXPECTATION DAMAGES damages awarded in favour of a party in a lawsuit for the contract breach. The amount is according to the benefit he would have received if had been the normal contract performance. Two possible coming. First from latin ” ex ” = from / ” pectore ” = chest. The chest , in figurative sense, represents the soul or the wishes, therefore the expectatives wished by a contract party coming from the soul. Second possible coming is from latin ” expectare ” = to wait. Here , in figurative sense , the expectative was the performance, the consideration waited by a contract party.
EXPERT WITNESS witness called by assistance to the court, becausehaving a particular acknowledge of a matter not possessed by the judge (eg: interpreters , doctors , engineer ). From latin ” ex ” = with / ” pertinere ” = concerning a matter . Therefore, a expert witness is a person with skills concerning with the matter under trial. Also is possible to make coming the term from ” expertus ” = person with experience in a matter.
EXPRESS CONDITION stipulation present in a contract or other kind oflegal agreement written in clear and simple way, able to not leave space for doubts ( this condition is concerning the latin legal maxim ” in claris non fit interpretatio “= where the rule is clear, is not need an intepretation of therule). From latin ” ex ” = from / ” pressus ” = concentrated, clear. There fore, an express condition is a clear and short condition coming from the entire contract’s ground.
EXPROPRIATION ORDER order meant for the dispossession or thedeprivation of his property usually because need for public use. From latin ” exeo ” = i go away / “proprietas ” = ownership. Therefore, in figurativesense, is meaning that the owner is going away from own property.
EXPULSION OF ( E. OF FOREIGN CITIZEN, OF MEMBER ) enforcedremoval of a citizen from a state or member from an organization . From latin ” ex ” = from / ” pulsus ” = pushed out , chased away.
EXPUNGE DATA FROM CRIMINAL RECORD erasement of a data froma criminal record (usually after the rehabilitation of the convicted person) . From latin ” expungere ” = to erase, to delete.
EXTINGUISHMENT OF A RIGHT / E. OF A DUTY termination ofenjoiment of a right , of a lien or power or cancellation of a debt or duty of performance . From latin ” ex ” = at the end of / ” tingere ” = to colour. Here, in figurative sense, the colour is representing the right which a person is dressed or vested , and this right , at the end of a determinate period , this colour (the right ) is faded e consequentially is not more actionable (if is a right ) or claimable if is a duty of performance.
EXTORTION removal of money or property from a person by means ofviolence or threaten or abuse of power. From latin ” extortus ” = taken off by force.
EXTRADITION delivery of a prisoner from a state to another state,consequentially changing the venue of jurisdiction and permitting his trial or punishment . From latin “ex ” = from / ” traditio ” = delivery. Here in figurative sense, means delivered from another country. (Note : the preposition ” tra ” , in many latin, italian and also english word is meaning a moving from a place to another place , both material and figurative sense. Eg: to trade = moving of property of a thing from a place to another place or moving to a time to another time ; to betrayal = feeling moving the love for a person, from this person to another person ; traditions = customs coming from a time towards another time.
EXTRATERRITORIAL JURISDICTION power allowed to a lawcourt toextend its jurisdiction beyond the limit of the state or the country in which it is placed . From latin ” extra ” = beyond , out of / ” territorium ” = district.
EXTRINSIC EVIDENCE evidence not derivating from a document(internal source) but from external sources as, for example , a content of a testimony . From latin ” extrinsecus “ = outcoming from . Therefore, outcoming from external source. Other possibility is that the term is coming from ” extra ” = out / ” in ” = inside / ” sic ” = in the same way of . Therefore, evidence outcoming, but inside the process in the same way of a direct evidence.