Law Dictionary

The Erie rule is rooted in part in a realization that it would be unfair for the character of result of a litigation materially to differ because the suit had been brought in a fed

We establish.

The term “ER incandescent reflector lamp” means a reflector lamp that has— (i) an elliptical section below the major diameter of the bulb and above the approximate baseline of the

Blood whiel: rity (freedom from attainder) and necessary to give its possessor the r of a lawful heir; that which is of being the medium for the transn of an inheritance.

By metonymy, this term is used to describe the office or functions of a judge, whose state robe, lined with ermine, is emblematical of purity and honor without stain. Webster.

In old English law. The loose scattered cars of corn that are left on the ground after ipe binding.

The terms “Electric Reliability Organization” and “ERO” mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reli

In England, the title of a chief officer of the queen, deriving his name from the Black Rod of office, on the top of which reposes a golden lion, which he carries.

The gradual eating away of the soil by the operation of currents or tides. 100 N. Y. 433. It is distinguished from submergence (q. v.), and opposed to alluvion (q. v.)

The term “erosion control program” means the national shoreline erosion control development and demonstration program established under this section.

In medical jurisprudence. A name given to a morbid activity of the sexuar propensity. It. is a disease or morbid affection of the mind, which fills it with a crowd of voluptuous im

A form of mania similar to nymphomania, except that the present term is applied to patients of both sexes, and that (according to some authorities) it is applicable to all cases of

Sometimes also called “Erotico-Mania,” a disease of the brain on sexual subjects. The distinction between it and nymphomania is that in the latter, although the condition of mind i

Itinerant; wandering.

An estray.

Lab Error. Used in the Latin formula for assigning errors, and in the reply thereto, "in nullo est erratum," i. e., there was no error, no error was committed.

Bad or defective as a matter of law.

Error of a trial judge in admitting evidence or entering judgment after full hearing does not constitute a denial of due process of law.

For purposes of this subsection, the term “erroneous excess payments for medical assistance” means the total of— (I) payments under the State plan with respect to ineligible indivi

an expression which denotes some mistake or error on the part of the land officers whereby an entry is allowed when it should be disallowed, and not some fraud or false pretense pr

See Error, 3 (2), Erroneous.

Erroneously.

In the eye of the law the former does not rise to the grade of the latter, and is always venial

WRIT OF. See "Writ of Error." ERRORES AD SUA PRINCIPIA REF-

WRIT OF. See Appeal and Error. ESCAMBI0. 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. Abolished b

A writ of error in the king’s bench to review a judgment of that court.

Error in the proceedings "before you;" words used in a writ of error directed by a court of review to the court which tried the cause.

To refer errors to their sources is to refute them. 3 Inst. 15. To bring errors to their beginning is to see their last.

To refer errors to their source is to refute them.

The mistakes of the writer ought not to harm. Jenk. Cent. 324.

Error disguised is in many things more probable than naked truth, and error very often overcomes truth in arguments.

Error artfully disguised [or colored] is, in many instances, more probable than naked truth; and frequently error overwhelms truth by [its show of] reasons. 2 Coke, 73.

A judicial error founded upon a mistake of fact.

It is clearly error in a court to charge a jury upon a supposed or conjectural state of facts, of which no evidence has been offered.

An error of the court in applying the law to the case on trial, e. g., in ruling on the admission of evidence, or in charging the jury. McKenzie v. Bismarck Water Co., 6 N. D. 361,

Error of law is injurious. See 4 Bouv. Inst, note 3828; 1 Story, Eq. Jur. § 139, note.

An error by mistake.

Error of name. A mistake of detail in the name of a person; used in contradistinction to error de persons, a mistake as to identity.

si de identitate rei constat. Mistake in the name never injures, if there is no doubt as to the identity of the thing. 1 Duer, Ins. 171.

A mistake in the name of a thing is never prejudicial, if it ba clear as to the identity of the thing itself, [where the thing intended Is certainly known.] 1 Duer, Ins. 171. This

A mistake in a name is harmless, if the identity of the thing is clear.

That is called "error of fact" which proceeds either from ignorance of that which really exisis or from a mistaken belief in the existence of that which has none. Civ. Code La. art

the claim must be one consistent with the Commission's order fixing the rate, but asserting underpayment by reason of some error of law in its application which would not require t

APPRObatur. An error not resisted is approved. Doctor & Stud. c. 70. ERROR SCRIBENTIS NOCERE NON debet. An error made by a clerk ought not to injure; a clerical error may be correc

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.

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.

Exchange, (q. v.)

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

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

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.

[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

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

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.

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.