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economic unit Eminent domain. In a partial-condemnation case, the property that is used to determine the fair·market value of the portion that is taken by eminent domain. The land taken may be a large or small portion of the entire property. To determine how much property to include in an economic unit, three factors are weighed: (1) unity of use, (2) unity of ownership, and (3) contiguity. Of these, the most important is unity of use. See LARGER PARCEL.

economic warfare See WARfARE.

economic waste Overproduction or excessive drilling of oil or gas.

economic-cure trade embargo See EMBARGO (3).

economic-harm rule See ECONOMIC-LOSS RULE.

economic-loss rule The principle that a plaintiff cannot sue in tort to recover for purely monetary loss as opposed to physical injury or property damage caused by the defendant. Many states recognize an exception to this rule when the defendant commits fraud or negligent misrepresentation, or when a special relationship exists between the parties (such as an attorney-client relationship). Also termed economic-harm rule; economic-loss doctrine. "One way the courts have attempted to draw a line between tort and warranty is to bar recovery for 'economic 105s' in tort. In some states this common law doctrine has achieved the status of the 'economic loss doctrine,' meaning that once loss is defined as 'economic' it cannot be recovered at least in negligence or strict tort and perhaps not in fraud or misrepresentation." 1 James J. White & Robert S. Summers, Unifoym Commercial Code § 10·5, at 581 (4th ed. 1995).

economic-out clause See MARKET-OUT CLAUSE.

economic-realities test A method by which a court determines the true nature ofa business transaction or situation by examining the totality of the commercial circumstances. Courts often use this test to determine whether a person is an employee or an independent contractor. Factors include whether the alleged employer controls the details of the work and whether taxes are withheld from payments made to the worker.

economics The social science dealing with the production, distribution, and consumption of goods and services.

economics and statistics administration A unit in the U.S. Department of Commerce responsible for maintaining high-quality standards of statistical reporting in the federal government and for responding to the needs of the Department of Commerce and the rest of the executive branch for statistical information and analysis.o The unit comprises the Bureau of the Census, the Bureau of Economic Analysis, and STATUSA. - Abbr. ESA.

economic-substance doctrine The principle that a transaction must be treated as a sham for tax purposes if(l) the transaction has no genuine business purpose, and (2) there is no reasonable possibility that it will generate a profit in the absence of tax benefits.

economist A professional who studies economics and the economy; a specialist in economics.

economy 1. The management or administration of the wealth and resources of a community (such as a city, state, or country). 2. The sociopolitical organization of a community's wealth and resources. 3. Restrained, thrifty, or sparing use of resources; efficiency.

economy of scale (usu. pl.) A decline in a product's per-unit production cost resulting from increased output, usu. due to increased production facilities; savings resulting from the greater efficiency of largescale processes.

e-contract 1. POINT-AND-CLICK AGREEMENT. 2. Any typee of contract formed in the course of e-commerc by (1) the interaction oftwo or more individuals using electronic means, such as e-mail, (2) the interaction of an individual with an electronic agent, such as a computer program, or (3) the interaction of at least two electronic agents that are programmed to recognize the existence of a contract. Sections 202-17 of the Uniform Computer Information Transactions Act provide rules for the formation, governance, and basic terms ofan e-contract. Traditional contract principles and remedies usu. apply to e-contracts. Also termed electronic contract. See ELECTRONIC AGENT.

e-contract- To form a binding agreement by means of a computer or other electronic or automated technology.

ecosabotage See ecoterrorism under TERRORISM.

ecoterrorism See TERRORISM.

ecovandalism See ecoterrorism under TERRORISM.

ecu abbr. EUROPEAN CURRENCY UNIT.

ecumenical (ek-ya-men-a-kal), adj. 1. General; universal. 2. Interreligious; interdenominational.

ecusant (rek-ya-zant or ri-kyoo-zant), n. 1. Eccles. law. A person (esp. a Roman Catholic) who refuses to attend the services of the established Church of England. 2. A person who refuses to submit to an authority or comply with a command.

eda abbr. ECONOMIC DEVELOPMENT ADMINISTRATION.

edge lease See LEASE.

edi agreement abbr. Electronic Data Interchange agreement; an agreement that governs the transfer or exchange of data, such as purchase orders, between parties by computer. Electronic data transmitted under an EDI agreement is usu. formatted according to an agreed standard, such as the American National Standards Institute ANSI X12 standard or the U.N. EDIFACT standard.

edict (ee-dikt), n. [fr. Latin edictum] A formal decree, demand, or proclamation issued by the sovereign of a country. In some countries, an edict has legal force equivalent to that of a statute. For Roman law edicts, see EDICTUM.

edicta magistratuum See JUS HONORARIUM.

edictal (ee-dik-tal), adj. Of, relating to, conSisting of, or pronounced in one or more edicts. - edictally, adv.

edictal citation Scots & Roman Dutch law. A form of summons to appear in court, treated as having been served by public proclamation when personal service is impossible (as when a defendant is out of Scotland or cannot be found). - Also termed edictal intimation. See substituted service under SERVICE.

edictal interdict See INTERDICT (1).

edictal interdict (ee-dik-tal). An interdict that declared the praetors intention to give a remedy in certain cases, usu. in a way that preserves or restores possession.

edictal intimation See EDICTAL CITATION.

edicts of Justinian Roman law. Thirteen constitutions or laws ofJustinian, appended to the Greek collection of the Novels in the Venetian manuscript. The Edicts were confined to administrative matters in the provinces of the Roman Empire.They were not known to the glossators.

edictum (a-dik-tam), n. [Latin], Roman law. 1. In imperial Rome, an edict or mandate; an ordinance or law proclaimed by the emperor. An edict was a constitution of the emperor acting on his own initiative, differing from a rescript in not being returned in the way of answer; from a decree in not being given in judgment; and fromboth in not being founded upon solicitation. As an imperial constitution, it had the force of law. 2. A declaration by a magistrate relevant to his jurisdiction or area of competence; esp., the pronouncement of a magistrate of the principles by which he proposed to act in office. See edictum annuum; FORMULA (1). Pi. edicta.

edictum aedilicium (ee-dik-tam ee-da-lish-ee-am). A curule aedile's edict regarding sales in the public market; esp., an edict giving remedies for sales of defective goods, animals, or slaves. An aedile could, for instance, declare that sellers would be strictly liable for latent defects in goods, and dictate how dogs and wild animals for sale should be confined to protect the public. - Also written aedilitium edictum. Pl. edicta aedilicia.

edictum annuum (an-yoo-am). An edict issued by a praetor at the beginning of the one-year term of office. PI. edicta annua.

edictum perpetuum (par-pech-oo-am). The urban praetor's edict in its permanent form, edited by Julian in A.D. 131 and given legislative force. This term originally had the narrower sense of the praetors' general edicts as opposed to edicts issued in specific cases. Also termed perpetual edict. PI. edicta perpetua.

edictum praetoris (pri-tor-as). The proclamation issued by a praetor at the start of the year's term, explaining the grounds on which a formula would be granted. Also termed praetorian edict. See edictum annuum; FORMULA (1).

edictum provinciale (pra-vin-shee-ay-Iee). An edict or system of rules for the administration of justice, modeled on edictum praetoris, issued by the provincial governors in the Roman Empire. PI. edicta provincialia.

edictum repentinum (rep-an-ti-nam). [Latin], Roman law. A supplementary edict issued to deal with some emergency. This term was contrasted with edictum perpetuum. PI. edicta repentina.

edictum theodorici (thee-a-da-ri-si). A collection of laws applicable to both Romans and Goths, issued by Theodoric, king ofthe Ostrogoths, at Rome about A.D. 500, or perhaps by Theodoric III, king of the Visigoths in Gaul about A.D. 460.

edictum tralatitium (tral-a-tish-ee-am). A praetor's edict that retained all or a principal part of the predecessor's edict, with only such additions as appeared necessary to adapt it to changing social conditions or juristic ideas. This had become standard practice by the end of the Republic. Also spelled edictum tralacticium (tral-ak-tish-ee-am). PI. edicta tralatitia.

edile (ee-dil). See AEDILE.

editorial privilege See journalist privilege (2).

editorial privilege See journalist's privilege (2) under PRIVILEGE (3).

editus (ed-a-tas), adj. 1. (Of a statute or rule) enacted; promulgated. 2. (Of a child) born; brought forth.

edmunds-tucker act An 1882 federal law enacted to punish polygamy. 48 USC A § 1480a. Sometimes shortened to Edmunds Act.

education individual retirement account See INDIVIDUAL RETIREMENT ACCOUNT.

education individual retirement account- An individual retirement account from which withdrawals may be made tax-free if the withdrawn funds are used for education costs .o Before 2002, annual contributions were limited to $500. In 2002, the contribution limit increased to $2,000 per year for families with incomes under $190,000.

educational expense See EXPENSE.

educational expense- A deductible expense incurred either to maintain or improve an existing job skill or to meet a legally imposed job requirement.

educational institution 1. A school, seminary, college, university, or other educational facility, though not necessarily a chartered institution. 2. As used in a zoning ordinance, all buildings and grounds necessary to accomplish the full scope of educational instruction, including those things essential to mental, moral, and physical development.

educational neglect See NEGLECT.

educational trust See TRUST.

eec abbr. European Economic Community. See EUROPEAN UNION.

eeoc abbr. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

eez abbr. EXCLUSIVE ECONOMIC ZONE.

effect 1. Something produced by an agent or cause; a result, outcome, or consequence. 2. The result that an instrument between parties will produce on their relative rights, or that a statute will produce on existing law, as discovered from the language used, the forms employed, or other materials for construing it.

effect- To bring about; to make happen <the improper notice did not effect a timely appeal>.

effective 1. (Of a statute, order, contract, etc.) in operation at a given time <effective June 1>. A statute, order, or contract is often said to be effective beginning (and perhaps ending) at a designated time. 2. Performing within the range of normal and expected standards <effective counsel>. 3. Productive; achieving a result <effective cause>.

effective assignment An assignment that terminates the assignor's interest in the property and transfers it to the assignee.

effective assignment- See ASSIGNMENT (2).

effective assistance of counsel A conscientious, meaningful legal representation, whereby the defendant is advised of all rights and the lawyer performs all required tasks reasonably according to the prevailing professional standards in criminal cases. See Fed. R. Crim. P. 44; 18 USCA § 3006A. "The law is in flux on precisely what constitutes the 'effective' assistance of counsel. The Supreme Court has yet to set forth a definitive standard, and lower courts have adopted differing ones. Prior to the 1970s the most common standard was the 'mockery of justice' standard, under which counsel's assistance was 'ineffective' only when it was so inadequate that it reduced the trial 'to a farce' or rendered it a 'mockery of justice: Since that time, most courts have abandoned this formulation in favor of more stringent requirements, stipulating, for example, that 'counsel must exercise [the] normal skill and knowledge which normally prevails at the time and place' (Moore v. United States, 432 F.2d 730 (3d Or. 1970)), that counsel must render the 'reasonably competent assistance of an attorney acting as his diligent advocate' (United States v. Decoster, 487 F.2d 1197 (D.C. Or. 1973", or that counsel's representation must be 'within the range of competence demanded of attorneys in criminal cases' (Marzullo v. Maryland, 561 F.2d 540 (4th Cir. 1977". All of these new standards beg the questions of what traditional level of practice is to be regarded as 'customary,' 'diligent,' or 'reasonable.' Thus, little has been definitively resolved by the new, higher standards." Arval A. Morris, "Right to Counsel," in 1 Encyclopedia of Crime and Justice 278, 283 (Sanford H. Kadish ed., 1983).

effective assistance of counsel- See ASSISTANCE OF COUNSEL.

effective cause See immediate cause under CAUSE (1).

effective date The date on which a statute, contract, insurance policy, or other such instrument becomes enforceable or otherwise takes effect. This date sometimes differs from the date on which the instrument was enacted or signed.

effective filing date The date that a patent application is considered to have been filed. The actual filing date may be later, as for a continuing application. But under the doctrine of continuity, the child application is usu. entitled to the filing date of the parent application to prove priority. Also termed parent filing date. See DOCTRINE OF CONTINU ITY.

effective filing date- See DATE.

effective possession See constructive possession under POSSESSION.

effective possession See constructive possession.

effective rate The actual annual interest rate, which incorporates compounding when calculating interest, rather than the stated rate or coupon rate.

effective rate See INTEREST RATE.

effective tax rate See average tax rate under TAX RATE.

effective vote See VOTE (1).

effects n. pl. Movable property; goods <personal effects>.

effects doctrine See AFFECTS DOCTRINE.

effeirs (e-feerz), adv. Scots law. As appropriate; correctly. The term ordinarily appears in the phrase as affeirs.

effets (e-fe or e-fets), n. pl. [French], 1. Bills of exchange. 2. Goods; movables; chattels.

effets mobiliers (moh-beel-yay or moh-ba-Ieerz). Funds; stocks.

efficient adequate cause See proximate cause.

efficient adequate cause- See proximate cause under CAUSE (1).

efficient breach An intentional breach of contract and payment of damages by a party who would incur greater economic loss by performing under the contract. See EFFICIENTBREACH THEORY.

efficient breach- See BREACH OF CONTRACT.

efficient cause See proximate cause.

efficient cause- See proximate cause under CAUSE (1).

efficient intervening cause See intervening cause.

efficient intervening cause- See intervening cause under CAUSE (1).

efficient proximate cause See proximate cause.

efficient proximate cause- See proximate cause under CAUSE (1).

efficient-breach theory The view that a party should be allowed to breach a contract and pay damages, if doing so would be more economically efficient than performing under the contract. This relatively modern theory stems from the law-and-economics movement. See BREACH OF CONTRACT.

effigy (ef-a-jee), n. A figure, image, or other representation; esp., a crude representation of someone who is disliked. Effigies are sometimes hanged, burned, or otherwise abused to express public disapproval or ridicule.

effluent (ef-Ioo-ant), n. Liquid waste that is discharged into a river, lake, or other body of water.

effluxion of time (i-fluk-shan). The expiration of a lease term resulting from the passage of time rather than from a specific action or event. Also termed efflux of time.

efforcialiter (e-for-shee-ay-la-tar), adv. [Latin]. Forcibly. This adverb referred primarily to military force.

effraction (a-frak-shan). Archaic. A breach made by the use of force; BURGLARY (1).

effractor (i-frak-tar}. [Latin], One who breaks through; a burglar. PI. effractors, effractores (ef-rak-tor-eez). See HOUSEBREAKING.

effusio sanguinis (e-fyoo-zhee-oh sang-gwi-nis). [Latin]. 1. The shedding of blood. 2. The fine or penalty imposed for the shedding of blood. The Crown granted to many lords of manors the power to collect this fine. Also termed bloodwite; bloodwit. Cf. WERGILD.

eft abbr. Electronic funds transfer. See FUNDS TRANSFER.

egg donation Family law. A type of assisted-reproductive therapy in which eggs are removed from one woman and transplanted into the uterus of another woman who carries and delivers the child. In egg donation, the egg is usu. fertilized in vitro. See IN VITRO FERTILIZATION; ASSISTED-REPRODUCTIVE TECHNOLOGY.

eggshell-skull rule The principle that a defendant is liable for a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional act. Under this rule, for example, if one person negligently scrapes another who turns out to be a hemophiliac, the negligent defendant is liable for the full extent of the plaintiff's injuries even though the harm to another plaintiff would have been minor. Also termed eggshell-plaintiffrule; thin-skull rule; special-sensitivity rule; old-soldier's rule.