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emparnours (em-pahr-narz), n. pl. [French]. Persons who undertook lawsuits on behalf of others.

emperor 1. The title of the sovereign ruler of an empire. 2. The chief of a confederation of states of which kings are members. The rulers of the Roman world adopted the deSignation emperor after the fall of the republic. The title was later assumed by those including Napoleon - who claimed to be their successors in the Holy Roman Empire. The sovereigns of Japan and Morocco are often called emperors, as were, in Western speech, the former sovereigns of Turkey and China. The title denotes a power and dignity superior to that of a king. It appears to be the appropriate style of the executive head of a federal government constructed on the monarchial principle and comprising several distinct kingdoms or other quasi-sovereign states, as with the German empire from 1871 to 1918.

emphasis added A citation signal indicating that the writer quoting another's words has italicized or otherwise emphasized some of them. Also termed ' emphasis supplied.

emphyteusis (em-fi-t[y]oo-sis), n. [Greek "implanting"], Greek, Roman & civil law. A contract bv which one person delivered to another (the emphyteuta) a tract of land, either in perpetuity or for a long period of time, in exchange for the obligation to cultivate the land and to pay annual rental. In Roman law, the land was state-owned (ager vectigalis). In the 5th century, emphyteusis was officially recognized as distinct from ownership or a lease. The land's lessee or tenant, called an emphyteuta, had to bear any burdens imposed on the land. Although the emphyteusis was alienable, the owner had to consent to the sale. (Cf. SUPERFICIARIUS.) Unlike a usufruct, emphyteusis did not terminate with the death of the emphyteuta. Perpetual emphyteusis was abolished in the 18th century.

emphyteuta (em-fi-t[y]oo-ta), n. [Latin], Roman & civil law. The person to whom an emphyteusis is granted; the lessee or tenant under a contract of emphyteusis. See FEE FARM.

emphyteutic (em-fi-t[y]oo-tik), adj. [Latin], Civil law. Founded on, growing out of, or having the character of an emphyteusis; held under an emphyteusis.

empire The jurisdiction of an emperor; the region over which an emperor's dominion extends.

empirical (em-pir-i-kal), adj. Of, relating to, or based on experience, experiment, or observation <the expert's theory was not supported by empirical data>. Also termed empiric.

emplazamiento (em-plah-zah-myen-toh), n. [Spanish], Spanish law. A summons; esp., a court-issued citation requiring the addressee to appear at a designated time and place.

emplead See IMPLEAD.

emploi (om-plwah), n. [French], French law. Equitable conversion. When property covered by the dotal is sold, the purchaser must ensure that the sale proceeds are reinvested for the wife's benefit. See regime dotal under REGIME.

employ 1. To make use of. 2. To hire. 3. To use as an agent or substitute in transacting business. 4. To commission and entrust with the performance of certain acts or functions or with the management of one's affairs.

employee A person who works in the service of another person (the employer) under an express or implied contract of hire, under which the employer has the right to control the details of work performance. Also spelled employe. Cf. AGENT (1); INDEPENDENT CONTRACTOR.

employee benefit plan A written stock-purchase, savings, option, bonus, stock-appreciation, profit-sharing, thrift, incentive, pension, or similar plan solely for employees, officers, and advisers of a company. The term includes an employee-welfare benefit plan, an employee-pension benefit plan, or a combination of those two. See 29 USCA § 1002(3). But the term excludes any plan, fund, or program (other than an apprenticeship or training program) in which no employees are plan participants. Often shortened to plan. Cf. PENSION PLAN.

employee givebacks See CONCESSION BARGAINING.

employee pro hac vice See borrowed employee under EMPLOYEE.

employee retirement income security act A federal statute that regulates private pension plans and employee benefit plans and that established the Pension Benefit Guaranty Corporation. 29 USCA §§ 1001 et seq. - Abbr. ERISA. "ERISA was adopted in 1974 in response to highly publi· cized instances of fraud and mismanagement in employee pension funds, which had resulted in thousands of workers losing retirement benefits accumulated over a lifetime of work, ERISA was intended primarily as an instrument for regulating pensions, as its title suggests, and most of its substantive provisions address protection of retirement benefits. ERISA also, however, applies to employee welfare benefit plans, and thus covers employer provided health insurance, the dominant vehicle for private finance of health care in the United States." Barry R. Furrow et aI., Health Law § 2-9, at 48 (2d ed. 2000).

employee stock option See STOCK OPTION (2).

employee-liability exclusion See EXCLUSION (3).

employee-liability exclusion- A provision in some commercial general liability policies, excluding coverage for injury to an employee (or a member of the employee's family), arising from and in the course ofemployment with the insured. This exclusion is generally intended to exclude from coverage all injuries covered by the workers' -compensation laws.

employee's withholding allowance certificate See W-4 FORM.

employee-stock-ownership plan A type of profitsharing plan that invests primarily in the employer's stock. Employee-stock-ownership plans receive special tax benefits and can borrow money to fund employee stock purchases, which makes them a useful corporate finance tooL IRC (26 USCA) § 4975(e)(7). -Abbr. ESOP.

employee-stock-ownership plan- See EMPLOYEE BENEFIT PLAN.

employer A person who controls and directs a worker under an express or implied contract of hire and who pays the worker's salary or CF. PRINCIPAl. (1).

employer-employee relationship The association between a person employed to perform services in the affairs of another, who in turn has the right to control the person s physical conduct in the course of that service. At common law, the relationship was termed "master-servant." That term is still used often, but "employer-employee" dominates in modern legal usage.

employer-employee relationship See RELATIONSHIP.

employer-identification number See TAX-IDENTIFICATION NUMBER.

employers' liability See WORKERS' COMPENSATION.

employers' -liability insurance See INSURANCE.

employers-liability insurance 1. An agreement to indemnify an employer against an employees claim not covered under the workers -compensation system. 2. An agreement to indemnify against liability imposed on an employer for an employees negligence that injures a third party.

employment 1. The relationship between master and servant. See MASTER AND SERVANT. 2. The act of employing. 3. The state of being employed. 4. Work for which one has been hired and is being paid by an employer.

employment agency A business that procures, for a fee, employment for others and employees for employers. Whether the employer or the employee pays the fee depends on the terms of the agreement. See FINDER (1).

employment and training administration A unit in the U.S. Department of Labor responsible for developing plans for training dislocated and unemployed workers, including young people and those who are disabled; and for interpreting federal workforce-security laws as they apply to the states.

employment at will Employment that is usu. undertaken without a contract and that may be terminated at any time, by either the employer or the employee, without cause. Also termed at-will employment; hiring at will. "Surprisingly, the employment at will doctrine is not an ancient one. On the contrary, it dates only from the period in the mid-nineteenth century that saw the transformation of the employment relation from one of status to one of contract. The relentless logic of the contract approach dictated the rule that the employee had only such rights as were expressly agreed to in his contract of employment no more and no less. This meant that there was no implication that an indefinite hiring would last for a year or any other presumed period, since ifthe parties had wanted a particular term they would have expressly agreed to it." 1 Lex K. Larson, Unjust Dismissal § 1.01, at 1·3 (1992). "The doctrine of employment at will prescribed that an employee without a contract for a fixed term could be hired or fired for any reason or no reason at all.. ,[The] rule provided that employees categorized as 'at will' had no legal interest in continuing job security. Whereas early American masters had some responsibility to the public as well as to their servants when they turned dependent servants out on the world, under [thisl formulation, masters could simply fire employees who had no contracts." Mark A. Rothstein et aI., Employment Law § lA, at 9-10 (1994).

employment contract A contract between an employer and employee in which the terms and conditions of employment are stated.

employment contract- See CONTRACT.

employment standards administration A unit in the U.S. Department of Labor responsible for enforCing various laws and administering programs pertaining to minimum-wage and overtime standards, registration of farm-labor contractors, wage rates to be paid and the nondiscrimination and affirmative-action programs to be followed by government contractors and subcontractors, workers'-compensation programs for federal and certain private employers, financial integrity and the internal organizational practices of labor unions, and certification of employee protection for federally sponsored transportation programs.The Administration operates through four divisions that have regional offices or administrators in various cities: the Office of Federal Contract Compliance Programs, the Wage emptor familiae Standards, and the Office of Workers' Compensation Programs. Abbr. ESA.

employment-practices liability insurance Insurance that provides coverage for claims arising from an insureds injury-causing employment practice, such as discrimination, defamation, or sexual harassment. - Abbr. EPL insurance.

employment-practices-liability insurance See INSURANCE.

employment-related-practices exclusion See EXCLUSION (3).

employment-related-practices exclusion- A provision in some commercial general liability policies, excluding coverage for damages arising from an insured's employment practices, including any policy, action, or omission - such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, or discrimination - that is directed at the person injured.

emporium (em-por-ee-am), n. 1. A place for wholesale trade in commodities carried bv sea. The term is sometimes applied to a seaport t;wn, but properly signifies only a particular place in such a town. 2. An important marketplace. 3. A large retail store that sells a wide variety of goods.

empresario (em-pre-sahr-ee-oh), n. [Spanish], 1. Spanish law. A businessperson; one who invests in or manages a business; esp., a land developer. 2. A person receiving extensive land grants as consideration for bringing people into Mexico (esp. into what would become Texas) and settling them on the land for the purpose of increasing the population, developing the country's resources, and controlling the aboriginal peoples.

emptio (emp-shee-oh), n. [Latin "purchase"], Roman & civil law. The act of buying; a purchase. Also spelled emtio. PI. emptiones.

emptio bonorum (ba-nor-am). [Latin "purchase of goods"], A type of forced assignment for the benefit of creditors, involving a public sale of an insolvent debtor's estate whereby the purchaser succeeded to all the debtor's property, rights, and claims, and became responsible for the debtor's debts and liabilities to an extent fixed before the transfer.

emptio et venditio (et ven-dish-ee-oh). [Latin "purchase and sale"], A contract of sale. The double name reflects that both the buyer and seller had duties and rights in the transaction. In Roman law, agreement on the thing to be sold and its price were essential. The buyer could enforce the contract by actio empti, and the seller could enforce bv actio venditio - Also termed emptio venditio. See VENDITIO.

emptio rei facta a pluribus ementibus (emp-shee-oh ree-i fak-ta ay plnur-a-bas i-men-ta-bas). [Latin]. A purchase made by many buyers. La. Civ. Code art. 2450. An emptio rei facta a pluribus ementibus did not automatically create a partnership among the purchasers.

emptio rei speratae (ree-i spa-ray-tee). [Latin "purchase of a hoped-for thing"], The purchase of a thing not yet in existence or not yet in the seller's possession; e.g., a future crop. La. Civ. Code art. 2451. The price of such a purchase typically depended on the actual yield and thus could fluctuate.

emptio spei (spee-i). [Latin "purchase of a hope"], An emptio rei speratae in which the price is fixed, regardless of actual gain. - Even if the future event, such as the casting of a net, produced nothing, the buyer had to pay.

emptio venditio See emptio et venditio.

emptor (emp-tor or -tar), n. [Latin], Civil law. A buyer; purchaser. Also spelled emtor. See caveat emptor under CAVEAT. PI. emptores.

emptor farmiliae See FAMILIAE EMPTOR.

emptrix (em[p]-trAks), n. [Latin]. Civil law. A female buyer. - Also spelled emtrix. PI. emptrices.

empty-chair defense A trial tactic in a multiparty case whereby one detendant attempts to put all the fault on a defendant who plea-bargained or settled before trial or on a person who was neither charged nor named as a party.

empty-chair defense- See DEFENSE (2).

empty-chair doctrine See ADVERSE- INTEREST RULE.

empty-suit defense A defense in which a high-ranking officer or director in an organization claims ignorance of any wrongdoing by subordinates.

empty-suit defense- See DEFENSE (1).

emtio See EMPTIO.

emtor See EMPTOR.

emtrix See EMPTRIX.

en arere (en a-reer). [Law French], In time past.

en autre droit (en oh-tra droyt or on noh-trd drwah). [French], In the right of another, as when an executor sues on behalf of the estate. Also spelled in autre droit. See AUTRE DROIT.

en banc sitting A court session in which all the judges (or a quorum) participate. See EN BANC.

en bane (en bangk or on bongk). [Law French "on the bench"], adv. & adj. With all judges present and participating; in full court <the court heard the case en banc> <an en banc rehearing>. Also spelled in banc; in bank. Also termed in banco.

en bane sitting See SITTING.

en bloc (on blok or en blok), ad). & adv. [French], As a whole; as a unit. - In parliamentary law, this term can refer to a series of resolutions or other motions that are disposed of with a single vote. Also termed en grosse.

en declaration de simulation (on dek-Iah-rah-syawn da sim-[y]a-lah-syawn). [French "in order to declare (something), a pretence"], Civil law. An action to void a contract; esp., one brought to remove a cloud from title and bring back, for any legal purpose, to the true owner's estate the thing sold.

en demeure (on da-myuur). [French "in default"], Civil law. Of a debtor who fails to pay on demand according to the terms of the obligation.

en fait (on fay), adv. [French], In fact; actually.

en juicio (en hwee-syoh), adv. [Spanish], Judicially; in a court of law.

en masse (en mas). [French], In a mass; in a large group all at once; all together.

en mort mayne (en mort mayn). [French "in dead hand"], In mortmain. See MORTMAIN.

en owel main (en ow-al mayn). [Law French], In equal hand.

en recouvrement (on ray-koo-vra-mon). [French "for purpose of recovery"], French law. An indorsement on a bill of exchange that does not transfer the property in the bill of exchange but merely gives the indorsee the authority to recover the amount of the bill.

en route (en or on root). [French], On the way; in the course of transportation or travel.

en ventre sa mere (on von-tra sa mair). [Law French "in utero"], (Of a fetus) in the mother's womb <child en ventre sa mere>. This phrase refers to an unborn child, usu. in the context of a discussion of that child's rights. If the child is en ventre sa mere at the time of a decedent's death and is subsequently born alive, the child is treated as haVing been in existence at the time of the decedent's death for purposes of inheritance. Also spelled in ventre sa mere. See VENTER. "An infant in ventre sa mere, or in the mother's womb, is supposed in law to be born for many purposes." 1 William Blackstone, Commentaries on the Laws of Eng/and 126 (1765).

en vie (on vee). [Law French "in life"], Alive.

enable To give power to do something; to make able.

enablement The disclosure in a patent application; spedf. the description of the subject matter clear and complete enough to teach a person of ordinary skill in the art how to make and use the invention. If the artisan would still be unable to work the invention without undue experimentation after reading the description in light of the information known in the art as of the filing date of the patent application the patent application will be rejected for lack of enablement. 35 USCA § 112. Cf. NONENABLEMENT.

enablement by deposit See DEPOSIT (6).

enablement requirement The rule that the specification of a patent application must describe the invention so that a person with ordinary skill in the art could make and use the invention without undue experimentation. A specification that meets this requirement is referred to as enabling. Cf. ENABLING SOURCE.

enabling act See enabling statute under STATUTE.

enabling clause The part of a statute or constitution that gives governmental officials the power and authority to put the law into effect and to enforce it. Cf. enacting clause.

enabling clause- See CLAUSE.

enabling disclosure See DESCRIPTION (5).

enabling power See POWER OF APPOINTMENT.

enabling source A document that defeats the patentability of an invention because the information provided made it possible before the patent application was filed -for a person skilled in the art to make the invention. Cf. ENABLEMENT REQUIREMENT.

enabling statute A law that permits what was previously prohibited or that creates new powers; esp., a congressional statute conferring powers on an executive agency to carry out various delegated tasks.

enabling statute 1. See STATUTE. 2. (cap.) The Lease Act (1540), by which tenants in tail, husbands seised in right of their wives, and others were empowered to make leases for their lives or for 21 years. St. 32 Hen. 8, ch. 28.

enact 1. To make into law by authoritative act; to pass <the statute was enacted shortly before the announced deadline>. 2. (Of a statute) to provide <the statute of frauds enacts that no action may be brought on certain types of contracts unless the plaintiff has a signed writing to prove the agreement>. - enactor, n.

enacted law Law that has its source in legislation; WRITTEN LAW.

enacted law See LAW.

enacting clause The part of a statute stating the legislative authority by which it is made and often the date when it will take effect. A typical enacting clause begins with the words "Be it enacted that The enacting clause of a federal statute is, "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." Some state constitutions specify the enacting clause for legislation, without which the legislation is void. In codifications of statutes, enacting clauses generally appear not in the text of the statutes but in historical or legislative notes. Cf. enabling clause.

enacting clause- See CLAUSE.

enacting words The statutory phraSing denoting that an act is taking effect as law. The most common enacting words are Be it enacted that.

enactive (en-ak-tiv), adj. 1. Having the power to establish a new law; capable ofenacting. 2. ENACTORY (1).

enactment 1. The action or process of making into law <enactment of a legislative bill>. 2. A statute <a recent enactment>.

enactor (en-ak-tAr), n. A person or body that enacts or decrees; esp., one that establishes a new law.

enactory (i-nak-ta-ree), adj. 1. Of, relating to, constituting, or by an enactment; esp., instituting a new right or duty by means of enactment. 2. ENACTIVE (1).