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ego, talis (ee-goh, tay-lis). [Latin], 1, such a one.o This phrase was used in describing the forms of old deeds.

egrediens et exeuns (e-gree-dee-enz et ek-see-anz). [Latin "stepping out and exiting"], Common-law pleading. Going forth and issuing out of (land).

egregious (i-gree-jas), adj. Extremely or remarkably bad; flagrant <the defendant's egregious behavior>.

egress (ee-gres). 1.The act of going out or leaving. 2.The right or ability to leave; a way of exit. Cf. INGRESS.

ei abest (ee-i ab-est). [Latin], Roman law. It is wanting to him. The phrase appeared in reference to any diminution in a person's assets.

eic abbr. See earned-income credit under TAX CREDIT.

eight-corners rule The principle that a liability insurer's duty to defend its insured generally triggered if the plaintiff's claims against the insured are within the policy's coverage is assessed by reviewing the claims asserted in the plaintiff's complaint, without reference to matters outside the four corners of the complaint plus the four corners of the policy. Also termed allegations-of-the-complaint rule. Cf. FOURCORNERS RULE.

eighteenth amendment The constitutional amendment ratified in 1919 and repealed by the 21st Amendment in 1933 that prohibited the manufacture, sale, transportation, and possession ofalcoholic beverages in the United States. See PROHIBITION (3).

eighth amendment The constitutional amendment, ratified as part of the Bill of Rights in 1791, prohibiting excessive bail, excessive fines, and cruel and unusual punishment.

eight-hour law A law that sets eight hours as the standard workday for some jobs and that usu. requires a higher pay rate for work beyond eight hours. One example is the federal Fair Labor Standards Act. See WAGE-AND-HOUR LAW.

eigne (ayn), adj. [Law French]. 1. (Of a child) eldest; first-born. 2. (Of title) superior; prior. 3. (Of an estate) entailed. See ENTAILED. This adjective traditionally follows the noun it modifies in sense 1 <bastard eigne> but precedes the noun in senses 2 and 3 <eigne title>. - Also spelled eigl1; eygne; eisne; aisne. Also termed (in Law Latin) einetius.

eignesse (ay-nes), n. [French], See ESNECY.

eik (eek). Scots law. An appendix or postscript to a formal document.

ein abbr. See TAX-IDENTIFICATION NUMBER.

einecia (i-nee-shee-a), n. [Law Latin fro French eine i "being born before"], Eldership. See ESNECY.

einetia See EISNETIA.

einetius (e-nee-shee-as), See EIGNE.

eir abbr. Environmental-impact report. See ENVIRONMENTAL-IMPACT STATEMENT.

eir- abbr. ENVIRONMENTAL-IMPACT STATEMENT.

eire (air), n. A journey; route; circuit. See EYRE.

eirenarcha (i-ra-nahr-ka),. [from Greek eirene "peace" + archein "to rule"], Roman law. A provincial justice of the peace; a person charged with maintaining order. Also spelled (in Latin) irenarcha.

eisne (ayn), adj. See EIGNE.

eisnetia (iz-nee-shee-a), n. [Law Latin] The share of the oldest son; the portion of an estate acquired by primogeniture. - Also spelled einetia. Cf. ESNECY.

either-or order See alternative order.

either-or order See alternative order under ORDER (8).

eiusdem generis See EJUSDEM GENERIS.

eject 1. To cast or throw out. 2. To oust or dispossess; to put or turn out of possession. 3. To expel or thrust out forcibly (e.g., disorderly patrons). - ejector, vb.

ejection 1. An expulsion by action of law or by actual or threatened physical force. See OUSTER. 2. EJECTMENT (2).

ejectione custodiae See DE EJECTIONE CUSTODIAE.

ejectione firmae See DE EjECTIONE FIRMAE.

ejectment 1. The ejection of an owner or occupier from property. 2. A legal action by which a person wrongfully ejected from property seeks to recover possession, damages, and costs. 3. The writ by which such an action is begun. The essential allegations in an action for ejectment are that (1) the plaintiff has title to the land, (2) the plaintiff has been wrongfully dispossessed or ousted, and (3) the plaintiff has suffered damages. - Also termed action of ejectment; action for the recovery of land; ejection. See FORCIBLE ENTRY AND DETAINER. Cf. EVICTION; OUSTER. "The evolution of the action of ejectment from its primitive form as a mere action of trespass, enabling a lessee of lands to recover damages when ousted of his possession, through a series of most ingenious fictions, which were afterwards added to enable him to recover possession as well, until its final establishment as the proper method of trying all disputed titles to real property, presents to the student of legal science one of the most interesting studies that the history of the law affords. Few remedies have passed through so many changes of form, both in pleading and practice, and yet retained the same distinctive character that marked their origin." George W. Warvelle, A Treatise on the Principles and Practice of the Action of Eject· ment § 4, at 4-5 (1905). "Any person wrongfully dispossessed of land may sue for the specific restitution of it in an action of ejectment. Originally this action was a special variety of trespass and available only to leaseholders. But in time and by the aid of the most elaborate fictions it came to be used by freehold· ers also. All these fictions have now been swept away; in theory even the term ejectment has been replaced by the term action for the recovery of land. The older term is, however, replaced in practice."

ejectment bill Equity practice. A bill in equity brought to recover real property and an accounting of rents and profits, without setting out a distinct ground of equity jurisdiction (and thus demurrable).

ejectment de garde See DE EjECTIONE CUSTODIAE.

ejector One who ejects, puts out, or dispossesses another.

ejectum (i-jek-tam), n. Something that is cast out, esp. by the sea. See FLOTSAM. Cf. JETSAM; LAGAN (1); WAVESON.

ejectus (ee-jek-tas), n. [Latin], A whoremonger; a pimp.

ejercitoria (ay-hair-see-tor-ee-a), n. [Spanish], Spanish law. An action lying against a shipowner upon the contracts or obligations made by the master for repairs or supplies. This action corresponds to the actio exercitoria of Roman law. See action exersitoria under ACTIO.

ejido (ay-hee-doh), n. [fr. Latin exitus "a going out"], Spanish law. Common land or pasture; esp., land used in common by inhabitants of a city, pueblo, or town for such things as pasture, wood, and threshing-ground; commons. - Also termed exidos; exedos. See COMMON (2).

ejuration (ej-a-ray-shan). The renouncing or resigning of one's place.

ejusdem generis (ee-jas-dam jen-a-ris also ee-joos- or ee-yoos-). [Latin "of the same kind or class"], 1. A canon of construction holding that when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include only items of the same class as those listed. For example, in the phrase horses, cattle, sheep, pigs, goats, or any other farm animals, the general language or any other farm animals - despite its seeming breadth - would probably be held to include only four-legged, hoofed mammals typically found on farms, and thus would exclude chickens. - Also termed Lord Tenterden's rule. Cf. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS; NOSCITUR A SOCIIS; RULE OF RANK. 2. Loosely, NOSCITUR A SOCIIS.

ejusdem negotii (ee-jas--dam ni-goh-shee-i). [Latin], Part of the same transaction.

elaborare (i-Iab-a-rair-ee), vb. [Latin], To gain, acquire, or purchase, as by labor and industry.

elaboratus (i-Iab-a-ray-tas), n. [Latin], Property acquired by labor.

elastic clause See NECESSARY AND PROPER CLAUSE.

elbow clerk An individual judge's personal clerk; esp., one who works closely with the judge.The name derives from the metaphoric expectation that the clerk is always at the judge's elbow.

elbow clerk- See CLERK (5).

elder abuse See abuse of the elderly.

elder abuse- See abuse of the elderly under ABUSE. Elder Brethren. A distinguished body of men elected as masters of Trinity House, an institution incorporated in the reign of Henry VIII and charged with many duties in marine affairs, such as superintending lighthouses. The full title of the corporation is Elder Brethren of the Holy and Undivided Trinity.

elder law The field of law dealing with the elderly, including such issues as estate planning, retirement benefits, social security, age discrimination, and healthcare.

elder title A title of earlier date but one that becomes operative simultaneously with, and prevails over, a title of newer origin.

elected domicile A contractually agreed domicile between parties for purposes of the contract.

elected domicile- See DOMICILE.

electee 1. A person chosen or elected. 2. A person to whom the law gives a choice about status.

electing small-business trust See TRUST (3).

electio est creditoris (i-Iek-shee-oh est kred-i-tor-is). [Law Latin], Scots law. The creditor has the election or choice. The phrase appeared in reference to the creditor's right to apply payments to one debt or another. Cf. ELECTIO EST DEBITORIS. "Electio est creditoris .... This has reference to a creditor's right to apply indefinite payments, made by his debtor, to that debt or obligation which is least secured; but where the debtor at the time of payment appropriates the sum paid, towards extinction of a particular debt, it must be so applied." John Trayner, Trayner's Latin Maxims 184 (4th ed.1894).

electio est debitoris (i-lek-shee-oh est deb-i-tor-is). [Law Latin], Scots law. The debtor has the election or choice. If the law provided alternative methods of fulfilling an obligation, the debtor could choose the method of payment. Cf. ELECTIO EST CREDITORIS.

election 1. The exercise of a choice; esp., the act of choosing from several possible rights or remedies in a way that precludes the use ofother rights or remedies <the taxpayers' election to file jointly instead of separately>. See ELECTION OF REMEDIES. 2. The doctrine by which a person is compelled to choose between accepting a benefit under a legal instrument and retaining some property right to which the person is already entitled; an obligation imposed on a party to choose between alternative rights or claims, so that the party is entitled to enjoy only one <the prevailing plaintiff was put to an election between out-of-pocket damages and lost profits>. Also termed equitable election. See RIGHT OF ELECTION. 3. The process of selecting a person to occupy an office (usu. a public office), membership, award, or other title or status <the 2004 congressional election>. Cf. two-round voting under VOTING. elect, vb. elective, adj.

election at large An election in which a public official is selected from a major election district rather than from a subdivision of the larger unit. Also termed at-large election.

election board 1. A board of inspectors or commissioners appointed for each election precinct to determine voter qualification, to supervise the polling, and often to ascertain and report the results. 2. A local agency charged with the conduct of elections.

election by spouse See RIGHT OF ELECTION.

election contest A challenge by an election's loser against the winner, calling for an analysis of the election returns, which may include reviewing voter qualifications or re-counting the ballots.

election district A subdivision ofa state, county, or city that is established to facilitate an election or to elect governmental representatives for that subdivision.

election district- See DISTRICT.

election dower A widow's right to take a statutorv share of her deceased husband's estate if she chooses to reject her share under a will. See RIGHT OF ELECTION.

election dower- See DOWER.

election fraud Illegal conduct committed in an election, usu. in the form of fraudulent voting. Examples include voting twice, voting under another person's name (usu. a deceased person), or voting while ineligible.

election fraud- See ELECTION FRAUD.

election judge 1. A person appointed to supervise an election at the precinct level; a local representative of an election board. 2. English law. One of two puisne judges of the Queen's Bench Division of the High Court selected to try election petitions.

election of remedies 1. A claimant's act of choosing between two or more concurrent but inconsistent remedies based on a single set offacts. 2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other remedy has given the litigant an advantage over, or has damaged, the opposing party. This doctrine has largely fallen into disrepute and is now rarely applied. 3. The affirmative defense that a claimant cannot simultaneously recover damages based on two different liability findings if the injury is the same for both claims, thus creating a double recovery. Cf. alternative relief under RELIEF (3).

election of species A patent applicant's choice of one alternative over others after an examiner determines that a generic claim is not allowable.

election of species- See ELECTION (4).

election petition A petition for inquiry into the validity of a Parliament member's election, when the member's return is allegedly invalid for bribery or other reason.

election returns The report made to the board of canvassers or the election board, by those charged with tallying votes, of the number of votes cast for a particular candidate or proposition.

election, doctrine of A doctrine holding that when a person has contracted with an agent without knowing of the agency and later learns of the principal's identity, the person may enforce the contract against either the agent or the principal, but not both. See ELECTION (1).

election, estoppel by See estoppel by election under ESTOPPEL.

elective franchise See FRANCHISE (1).

elective office An office that is filled by popular election rather than by appointment.

elective share Wills & estates. The percentage of a deceased spouse's estate, set by statute, that a surviving spouse (or sometimes a child) may choose to receive instead of taking under a will or in the event of being unjustifiably disinherited. Also termed forced share; statutory share; statutory forced share. See RIGHT OF ELECTION. "In many states today, common-law dower and curtesy have been wholly replaced by statutes that make the surviving spouse an 'heir' ofthe deceased spouse and fix a minimum percentage of the decedent's estate (real and personal) to which the survivor will be entitled regardless of efforts of the deceased spouse to prevent it by will. This statutory minimum - called the statutoyy foyced shaye - is typically an estate in fee simple, not merely a life estate. A serious disadvantage to the surviving spouse under many of these statutes, however, is that the minimum percentage applies only to property owned by the decedent at death. Both husbands and wives can, under such statutes, defeat their spouses' forced shares by intey vivos transfer." Thomas F. Bergin & Paul C. Haskell, Pyeface to Estates in Land and FutuYe Inteyests 37-38 (2d ed. 1984).

elector 1. A member of the electoral college chosen to elect the U.S. President and Vice President. - Also termed presidential elector. 2. A voter.

electoral college (often cap.) The body of electors chosen from each state to formally elect the U.S. President and Vice President by casting votes based on the popular vote.

electoral process 1. The method by which a person is elected to public office in a democratic society. 2. The taking and counting of votes.

electric chair A chair that is wired so that electrodes can be fastened to a condemned person's body and a lethal charge passed through the body for the purpose of carrying out a death penalty. The electric chair was first used in 1890 at the Auburn State Prison in New York.

electronic agent Any electronic or automated means, such as a computer program, that can independently initiate or respond to an action or message without a human's review.

electronic cash See e-money under MONEY.

electronic chattel paper Chattel paper evidenced by a record or records consisting of information stored in an electronic medium and retrievable in perceivable form. UCC § 9-102(a)(31).

electronic chattel paper- See CHATTEL PAPER.

electronic check See e-check.

electronic check- See e-check under CHECK.

electronic commerce directive See DIRECTIVE ON CERTAIN ASPECTS OF ELECTRONIC COMMERCE IN THE INTERNAL MARKET.

electronic communications privacy act A federal statute that limits the circumstances under which the federal and state government may gain access to oral, wire, and electronic communications. 18 USCA § 2510.

electronic contract See E-CONTRACT.

electronic currency See e-money under MONEY.

electronic data interchange agreement See EDI AGREEMENT.

electronic funds transfer See FUNDS TRANSFER.

electronic signature See SIGNATURE.

electronic signature An electronic symbol, sound, or process that is either attached to or logically associated with a document (such as a contract or other record) and executed or adopted by a person with the intent to sign the document. Types of electronic signatures include a typed name at the end of an email, a digital image of a handwritten signature, and the click of an "I accept" button on an e-commerce site. The term electronic signature does not suggest or require the use ofencryption, authentication, or identification measures. A documents integrity (unaltered content), authenticity (senders identity), and confidentiality (of the signers identity or documents contents) are not ensured merely because an electronic signature is proVided for.

electronic signatures in global and national commerce act See E-SIGN ACT.

electronic surveillance 1. See EAVESDROPPING. 2. See WIRETAPPING.

electronic transaction A transaction formed by electronic messages in which the messages of one or both parties will not be reviewed by an individual as an expected step in forming a contract. UCC § 2A-102(a) (16).

electronic-check conversion In a discrete electronic-funds transfer, the process by which a paper check is used as the source of information for the check number, account number, and bank-routing number. The check itself is not considered the method of payment. See e-check under CHECK.