Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
An error not objected to is waived.
In this subparagraph, the term “error rate” means the rate of erroneous excess payments for medical assistance (as defined in section 1396b(u)(1)(D) of this title ) for the period
The error of a scribe ought not to work an injury.
A phrase appended to an account stated, in order to excuse slight mistakes or oversights. Often written "E. & 0. E.," meaning errors and omissions excepted.
When a person is truly acquainted with the existence or nonexistence of the facts, but is ignorant of the legal consequences, he is under an error of law. 1 Wend. (N. Y.) 360.
See Writ of Error.
Fr. [from Lat. error.] Error, mistake. Britt. c. 26.
In old English law. A meeting of the neighborhood to compromise differences among themselves, a court held on the boundary of two lands. ERUBESCIT LEX FILIOS CASTIGARE parentes. Th
The act of Congress of March 12, 1863, relating to certain property in the Confederate States. It expressly excludes from its operation property which had been used to carry on war
The law blushes at sons’ reproof of their parents.
Cutting off branches or boughs in forests, etc. Hov. Ann. 784.
An escheat.
An escheator.
an honorably discharged veteran, covered by the statute (is), entitled by the Act to be restored not to a position which would be the precise equivalent of that which he had left w
To scald. It is said that to scald hogs was one of the ancient tenures in serjeanty.
- Escambiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A writ granting power to an English merchant to draw a bill of exchange on another who is in a foreign country. Reg. Orig. 194.
- Escambiumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Exchange, (q. v.)
- Escapedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
From Bodily Harm. The ancient doctrine of the common law that the right of self-defense did not arise until every effort to escape, even to retreating until an impassable wall or s
CONSTRUCTIVE. Where the prisoner still remains in prison, but owing to some act of the keeper he is not in the same strict confinement in which he ought to be, it ig a constructive
VOLUNTARY. Voluntary escapes are such as are by the consent of the keeper. In civil cases, when the prisoner is confined under a ca. sa. after a voluntary escape, the sheriff can n
- Escape Warrantdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)Burrill (1850)
A warrant Issued in England against a person who, being charged in custody in the king's bench or Fleet prison, in execution or mesne process, escapes and goes at large. Jacob.
Delivered from that punishment which, by the laws of the forest, lay upon those whose beasts were found upon forbidden land. Jacob. ESCAPIUM (Law Lat.) An escape. Reg. Grig. 312. T
An escape.
Ameasureofcorn. Cowell. domino ex eventu et ex insperato. Ce. Litt. 938. Escheat is derived from the French word “eschoir,” whieh signifies to happen, because it falls to the lord
A measure of corn. Cowell. ESCHAETAE VULGO DICUNTUR QUAE decidentlbus lis quae de rege tenent, cum non existit ratione sanguinis haeres, ad fiscum relabuntur. Those things are comm
- Eschaetae vulgo discuntur quae decidentibus iis quae de rege tenent, cum non existit ratione sanguinis baeres, ad fiscum relabunturdefined inBallentine's (1916)
They are commonly called escheats which upon the dying out of those who hold of the king when there is no heir by consanguinity, revert to the treasury.
Eschaunge. L. Fr. Exchange. A title in the old abridgments of Fitzherbert, Brooke, and Ymer. ••ieat egaiM. In an exchange it behodres that the estates should be equal. Idtt, sect.
Fr. To escape. Et si leprisoun que avera escbape, soit eschape hors de la garde; and if the prisoner who shall have escaped be escaped out of the custody. Britt. c. 11. See Id, c.
Lat. Chance, hap, or accident; a casual opportunity. BracL fol. 230. Cowell, voc. Jaacapium.
Fr. Smothered. Kelham. Famished, choked. L. Fr, Diet, But qucere.
Fr. Exchange. Britt, c. 54. Eschaunges a la vaillaunce; exchanges to the value. Id, c. 75.
- escheatdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
[A] procedure with ancient origins whereby a sovereign may acquire title to abandoned property if after a number of years no rightful owner appears.
In American law. The reverting of land to the state, on the death of the owner without lawful heirs. In feudal and English law. The falling back of lands to the lord in consequence
Writ of. [L. Lat. breve de eseata; L. Fr. briefs d'eschete.] A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Beg. Grig. 164 b. F. N
- Escheatordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The name of an of Scer whose duties are generally to ascertain what escheats have taken place, and to prosecute the claim of the sovereign for the purpose of recovering the escheat
Escheat for failure of blood.
Escheat for the fault of the tenant, as through attainder.
A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Reg. Orig. 164b; Fitzh. Nat. Brev. 143.
A jury or inquisition. Matt. Par.
Fr. Exchequer. Envoyes a nostre escheker; sent to our exchequer. Britt. c. 26.
Fr. Exchequer. Artie, sup. Chart c. 4.
Fr. [from escheir, q. v.] Escheat; an escheat. De eschetes que nous duissent eschier par la felonie des felons; of escheats which ought to fall to us by the felony of felons. Britt
escaetor, I. I. In old English law. An escheator.
eschire, eshire, eshuer, eshure, eschure, escheter, L. Fr. To fall or happen; to descend; to escheat.
To build or equip. Du Cange.
To escheat.
escseta, I. I. In old English law. An escheat; the falling of a material object, as a tree; the appendages of a tree felled; the droppings of straw on the ground. Escsetas quercuum
- Eschæta derivatur a verbo Gallico sohoir, quod eat aecidere, quia aecidit domino ex eventu et ex insperatodefined inBlack's (1910)
Co. Litt. 93. Escheat is derived from the French word "eschoir," which signifies to happen, because it falls to the lord from an event and from an unforeseen circumstance.
- Eschætae vulgo dicuntur qum decidentibus iis quæ de rege tenent, cum non existit ratione sanguinis hæres, ad fiscum retabunturdefined inBlack's (1910)
Co. Litt. 13. Those things are commonly called "escheats" which revert to the exchequer from a failure of issue in those who hold of the king, when there does not exist any heir by
Eschure, Eschever. L. Fr. To shun or avoid; to eschew. Kelham. Pur eschuer grand delayes, Reg. Orig. 19 b, nota. Pur eschure la perilouse aventure de battailles; for avoiding the p
Fr. False accusation; calumny; slander. Britt. c. 22.
eschure, eschever, I. fr. To shun or avoid; to eschew.
the precise holding of Escobedo was that statements elicited by the police during an interrogation may not be used against the accused at a criminal trial, where the investigation
A tax formerly paid in boroughs and corporations towards the support of the community, which is called "scot and lot"
In Spanish law. The public officer who is lawfully authorized to reduce to writing and verify by his signature all judicial acts and proceedings, as well as all acts and contracts
I. fr. Notorious; proclaimed. Felons escries: notorious felons.
To proclaim.
A written instrument.
Same as Escript.
In Spanish law. A written instrument. Every deed that is made by the hand of a public escribano, or notary of a corporation or council (concejo), or sealed with the seal of the kin
Fr. Fraud, swindling, cheating.
- Escrowdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
It is admitted by the counsel in this case, that a bond cannot be delivered to the obligee as an escrow. But it is contended that where there are several obligees constituting a co
"Escrow funds" means the moneys derived from the joint reservation which are held in trust by the Secretary in the accounts entitled— (A) "Proceeds of Labor-Hoopa Va
the effect of the deposit of the contract and check with the bank was to constitute it a custodian or stakeholder for the benefit of both parties, holding the money without right o
In old English law. An escrow; a scroll. "And deliver the deed to a stranger, as an escrowl." Perk. c. 1, § 9; Id. c. 2, §§ 137, 138.
It is a principle of the common law, too well settled to be controverted, that where an instrument is delivered as an escrow, or where one surety has signed it, on condition that i
- Escuagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Burrill (1850)
In old English law. Service of the shield. Tenants who hold their land by escuage hold by knight's service. 1 Thomas, Co. Litt. 272; Litt. § 95, 86b.
To scour or cleanse. Cowell.
eschambinm, excambium, I. I. In old English law. Exchange. Escambium ad valentiam: an allowance to a tenant who vouched another to warranty out of the land of the vouchee to make u
323, a; 10 East, 476; 2 Br. practice, properly speaking, is the ————E——_—T—_ & Bing. 403; Cowp. 215; 2 Wils. notice taken by a grand jury of any 53. The subjects of prescription of
The termination or suspension of an estate-tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled tode, 2 Bl. C
A measure of corn. Cowell.
A church. Jacob.
or EGLISH. A church. Jacob,
In Spanish law. A written instrument. Every deed that is made by the hand of a public escribano or notary of a corporation or council (concejo,) or scaled with the seal of the king
Robbers.
- Eskippamentumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Tackle or furnitute; outfit. Certain towns in England were tackle. The modern word "outfit" would seem to render the passage quite as satisfactorily, though the conjecture of Cowel
Lat. In old English kw. To ship. Toums. PL 223. Bast. Entr. 409.
or ESKIPPARE. To ship. Kelham; East. Entr. 409.
To ship.
To ship.
Shippage, or passage by sea. Spelled, also, "skippeson." Cowell.
To choose.
Same as Elisor.
See "Elisors."
To eloign.
In old law. A hireling of servile condition.
- Esnecydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Eldership. In the English law, this word signifies the right which the eldest coparcener of lands has to choose one of the parts of the estate after it has been divided.
I. I. In old English law. To discharge; to relieve or release from a burden or liability.
The term “ESOP” has the meaning given the term “employee stock ownership plan” in section 4975(e)(7) of title 26 .
The term “ESOP beneficiary” means any beneficiary which is an employee stock ownership plan (as defined in section 4975(e)(7)) that holds a remainder interest in qualified employer
Lat. In old English law. To expeditate or disable dogs. CowelL See Expeditate.
a conscienceless or pitiless crime which is unnecessarily torturous to the victim.
No particular form of words or phrases has ever been declared necessary in which the claim of Federal rights must be asserted. It is sufficient if it appears from the record that s
In Spanish law. A junction of all the separate papers made in the course of any one proceeding and which remains in the office at the close of it Cas-tillero v. In S., 2 Black (In
When complete, an espediente usually consists of the petition, with the diseño annexed; a marginal decree, approving the petition; the order of reference to the proper officer, for
The period fixed by a competent judge within which a party is to do certain acts, as, e. g., to effect certain payments, present documents, etc.; and more especially the privilege
Spurs. 7 Coke, 13.
- Espleesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The products which the land or ground yields; as, the hay of the meadows, the herbage of the pasture, corn or other produce of the arable, rents and services. Termes de la Ley. See
The contract woman, to marry each