Ex delicto Arising from a wrong, breach of 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.
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.
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.
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.
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
Fair market value The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it.
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.
Family law Those areas of the law pertaining to families, i.e., marriage, divorce, child custody, juvenile, paternity, etc.
Federal Bureau of Investigation (FBI) A federal agency which investigates all violations of federal laws.
Federal Communications Commission (FCC) A federal agency which regulates interstate and foreign communications by wire and radio.
Federal Deposit Insurance Corporation (FDIC) An agency which insures deposits in banking institutions in the event of financial failure.
Federal Mediation and Conciliation Service An agency which provides mediators to assist in labormanagement disputes.
Federal Register A daily publication which contains federal administrative rules and regulations.
Fee simple absolute The most complete, unlimited form of ownership of real property. Felony A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a ter exceeding one year.
Fiduciary A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc.
Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present selfincriminating testimony in a criminal proceeding.
File To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.
Filing Fee The fee required for filing various documents.
Finding Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.
Fine A sum of money paid as part of a penalty of conviction for a particular criminal offense.
Food and Drug Administration (FDA) A federal agency which sets safety and quality standards for food, drugs, cosmetics, and household substances.
Foreclosure A court proceeding upon default in a mortgage to vest title in the mortgagee.
Forfeiture A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property.
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.
Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.
Fraud A false representation of a matter of fact which is intended to deceive another.
Garnishment A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
General jurisdiction Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Good time A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half of the maximum sentence.
Government Printing Office The federal agency in charge of printing, binding, and selling of all government communications.
Grand Jury A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.
Grantor The person who sets up a trust. Also referred to as "settlor."
Grievance In labor law a complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint.
Guardian A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a
parent dies, this will usually be the other parent. If both die, it probably will be a close relative.
Guardianship Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself.
Habeas corpus The name of a writ having for its object to bring a person before a court.
Harmless error An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
Headnote A brief summary of a legal rule or significant facts in a case, which along with other headnotes, precedes the printed opinion in reports.
Hearing A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.
Hearing de novo A full new hearing.
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