Law Dictionary
	Search:

environmental criminology- See CRIMINOLOGY.

environmental effect Environmental law. A natural or artificial disturbance of the phYSical, chemical, or biological components that make up the environment.

environmental law The field of law dealing with the maintenance and protection of the environment, including preventive measures such as the requirements of environmental-impact statements, as well as measures to assign liability and provide cleanup for incidents that harm the environment. Because most environmental litigation involves disputes with governmental agencies, environmental law is heavily intertwined with administrative law.

environmental protection agency An independent federal agency in the executive branch responsible for setting pollution-control standards in the areas of air, water, solid waste, pesticides, radiation, and toxic materials; enforcing laws enacted to protect the environment; and coordinating the antipollution efforts of state and local governments. The commission was created by Reorganization Plan No.3 of 1970. Abbr. EPA.

environmental terrorism See ecoterrorism under TERRORISM.

environmental tort See TORT.

environmental-impact statement Environmental law. 1. A document that the National Environmental Policy Act (42 USCA § 4332(2)(c" requires a federal agency to produce for a major project or legislative proposal so that better decisions can be made about the positive and negative environmental effects of an undertaking. 2. In some states, a public document used by a government agency to analyze the significant environmental effects ofa proposed project, to identify alternatives, and to disclose possible ways to reduce or avoid possible environmental damage. Abbr. EIS. Also termed environmental-impact report (EIR).

enviroterrorism See ecoterrorism under TERRORISM.

envoy (en-voy). 1. A high-ranking diplomat sent to a foreign country to execute a special mission or to serve as a permanent diplomatic representative. Formerly also termed envoy extraordinary. 2. A messenger or representative.

envoy extraordinary 1. A person who heads a legation rather than an embassy. - In current usage, the term is honorific and has no special significance. 2. ENVOY (1).

envoy plenipotentiary See ambassador plenipotentiary under AMBASSADOR.

eo die (ee-oh di-ee). [Latin], On that day; on the same day.

eo instante (ee-oh in-stan-tee). [Latin], At that very instant. - Also spelled eo instanti.

eo intuitu (ee-oh in-t[y]oo-a-too). [Latin], With or in that view; with that intent or object.

eo ipso (ee-oh ip-soh). [Latin], By that very act.

eo loci (ee-oh loh-si). [Latin], In that state; in that condition.

eo loco (ee-oh loh-koh). [Latin], 1. In that place. 2. In that state; in that condition.

eo nomine (ee-oh nahm-a-nee). [Latin], By or in that name <interest eo nomine>.

eoe abbr. 1. See equal-opportunity employer under EMPLOYER. 2. Errors and omissions excepted. This phrase is sometimes appended to an account stated to allow for slight errors. See errors-and-omissions insur ance under INSURANCE.

epa abbr. ENVIRONMENTAL PROTECTION AGENCY

EPC abbr. 1. EUROPEAN PATENT CONVENTION. 2. Engineering, procurement, and construction. See engineering, procurement, and construction contract under CONTRACT.

EPC contract See engineering, procurement, and construction contract under CONTRACT.

ephemeral recording Copyright. A temporary copy of a work that may be created and used by a broadcaster under a license or under a statutory exemption that waives the need to obtain the copyright owner's permission. A broadcaster must still pay royalties, and usu. must destroy the ephemeral recording within a statutorily defined time after creation or use.

epimenia (ep-a-mee-nee-a), n. pl. [Latin], Expenses; gifts.

epiqueya (ep-ee-kay-ah), n. [Spanish], Spanish law. An equitable principle calling for the benign and prudent interpretation of the law according to the circumstances of the time, place, and person.

episcopacy (i-pis-a-pa-see), n. Eccles. law. 1. The office of a bishop. 2. A form of church government by bishops. 3. An office of overlooking or overseeing.

episcopalia (i-pis-a-pay-lee-a), n. pl. Eccles. law. Synodals, pentecostals, and other customary payments from the clergy to their diocesan bishop, collected by rural deans and forwarded to the bishop.

episcopate (i-pis-a-pit), n. Eccles. law. 1. A bishopric. 2. The dignity or office of a bishop.

episcoporum ecdicus (i-pis-ka-por-;Jm ek-di-kas). [Latin], Eccles. law. A bishop's proctor; a church lawyer.

episcopus (i-pis-a-pas), n. [Latin fr. Greek], 1. Roman law. An overseer; an inspector, such as the municipal officer responsible for oversight of the bread and other provisions that served as the citizens' daily food. 2. A bishop.

episcopus puerorum (i-pis-a-pas pyoo-ar-or-am). [Latin "bishop of the boys"], Eccles. law. A layperson who would, on certain feasts, braid his hair, dress like a bishop, and act ludicrous. This English custom outlasted several laws passed to abolish it.

episodic criminal 1. A person who commits crimes sporadically. 2. A person who commits crimes only during periods of intense stress, as in the heat of passion.

episodic criminal- See CRIMINAL.

epistle (ee-pis-al), n. Roman & Civil law. A rescript replying to a magistrate or official body. See RESCRIPT (3).

epistola (i-pis-ta-la), n. [Latin "letter"]. A charter; a written instrument to convey lands or to assure contracts. See ASSURANCE. - Also spelled epistula.

epistulae (i-pis-tyoo-lee), n. pl. [Latin "letters"], Roman law. 1. Rescripts; esp., opinions given by the emperors in cases submitted to them for decision. 2. Opinions of juris consulti, such as N eratius, on questions of law in the form ofletters to those consulting them. - Also spelled epistolae.

EPL insurance See employment-practices liability insurance under INSURANCE.

EPO abbr. 1. See emergency protective order under PROTECTIVE ORDER. 2. EUROPEAN PATENT OFFICE.

epoch (ep-ak), n. 1. A period of time marked by distinctive features or noteworthy events. 2. A time when a new computation is begun; a time from which memorable dates are counted. - epochal (ep-a-kal), adj.

EPR abbr. EMERGENCY PREPAREDNESS AND RESPONSE DIRECTORATE.

EPS abbr. EARNINGS PER SHARE.

eqnitable relief See equitable remedy under REMEDY.

equa1-footing doctrine The principle that a state admitted to the Union after 1789 enters with the same rights, sovereignty, and jurisdiction within its borders as did the original 13 states.

Equal Access Act of 1984 A federal law that prohibits school districts receiving federal funds and allowing extracurricular activities to be held in its facilities from denying secondary-school students the right to meet for religious and other purposes in public-school facilities. 20 USCA § 4071. The constitutionality of the Act was upheld in Board of Education of Westside Community Schools V. Mergens, 496 U.S. 226, 110 S.Ct. 2356 (1990).

Equal Access to Justice Act A 1980 federal statute that allows a prevailing party in certain actions against the government to recover attorney's fees and expertwitness fees. Pub. L. No. 96-481, title II, 94 Stat. 2325 (codified as amended in scattered sections of 5, 15, and 28 USCA). - Abbr. EAJA.

equal and uniform taxation See TAXATION.

equal and uniform taxation A tax system in which no person or class of persons in the taxing district whether it be a state, city, or county is taxed at a different rate from others in the same district on the same value or thing.

Equal Credit Opportunity Act A federal statute that prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, age, sex, or marital status with respect to any aspect of a credit transaction. 15 USCA §§ 1691(a)(f). - Abbr. ECOA.

equal degree A relationship between two or more relatives who are the same number of steps away from a common ancestor.

equal degree- See DEGREE.

Equal Employment Opportunity Commission An independent federal commission that investigates claims of employment discrimination based on race, color, religion, sex, national origin, or age and enforces antidiscrimination statutes through lawsuits. It was created by Title VII of the Civil Rights Act of 1964. The EEOC encourages mediation and other nonli tigious means of resolving employment disputes. A claimant must file a charge of discrimination with the EEOC before pursuing a claim under Title VII of the Civil Rights Act and certain other employment related statutes. Abbr. EEOC.

Equal Pay Act A federal law mandating that all who perform substantially the same work must be paid equally. 29 USCA § 206.

equal protection The 14th Amendment guarantee that the government must treat a person or class of persons the same as it treats other persons or classes in like circumstances. In today's constitutional jurisprudence, equal protection means that legislation that discriminates must have a rational basis for doing so. And if the legislation affects a fundamental right (such as the right to vote) or involves a suspect classification (such as race), it is unconstitutional unless it can withstand strict scrutiny. - Also termed equal protection of the laws; equal protection under the law. See RATIONALBASIS TEST; STRICT SCRUTINY. "Equal protection does not require that all persons be dealt with identically, but it does require that a distinction made have some relevance to the purpose for which the classification is made." Baxstrom v. Herold, 383 U.S. 107, 111, 86 S.Ct. 760, 763 (1966). "As in all equal protection cases, ... the crucial question is whether there is an appropriate governmental interest suitably furthered by the differential treatment." Police Dep'r v. Mosley, 408 U.S. 92, 95, 92 S.Ct. 2286, 2290 (1972). "[T]he equal protection principle is exclusively associated with written Constitutions and embodies guarantees of equal treatment normally applied not only to the procedural enforcement of laws but also to the substantive content of their provisions. In other words, the equal protection of the laws is invariably treated as a substantive constitutional principle which demands that laws will only be legitimate if they can be described as just and equal." Polyvios G. Polyviou, The Equal Protection of the Laws 4 (1980).

Equal Protection Clause The 14th Amendment provision requiring the states to give similarly situated persons or classes similar treatment under the law. Cf. DUE PROCESS CLAUSE.

equal protection of the laws See EQUAL PROTECTION.

equal protection under the law See EQUAL PROTECTION.

Equal Rights Amendment A failed constitutional amendment that, had it been ratified, would have constitutionally prohibited sex-based discrimination. Congress passed the Amendment in 1972, but it failed in 1982, having been ratified by only 35 of the required 38 states. - Abbr. ERA.

equal time act A federal law requiring that a broadcasting-facility licensee who permits a legally qualified candidate for public office to use the facility for broadcasting must afford an equal opportunity to all other candidates for the office. 47 USCA § 315.

equal-access rule Criminal law. The doctrine that contraband found on a defendant's premises will not support a conviction if other persons have the same access to the premises as the defendant. To invoke this defense successfully, the defendant must show that other persons did in fact have equal access to the premises; speculative evidence that trespassers might have come onto the premises will not bar a conviction.

equal-dignities rule Agency. The doctrine that an agent can perform all acts requiring a writing signed by the principal only if the agent's authority is set forth in a writing. This rule is an adjunct to the statute of frauds and applies when one or more of the signatories to a contract acted through an agent.

equality The quality or state of being equal; esp., likeness in power or political status. See EQUAL PROTECTION. "We need not repeat the burning irony of Anatole France: 'The law in its majesty draws no distinction but forbids rich and poor alike from begging in the streets or from sleeping in the public parks.' Equality is meaningless under unequal conditions." Morris R. Cohen, Reason and Law 101 (1961).

equality before the law The status or condition of being treated fairly according to regularly established norms ofjustice; esp., in British constitutional law, the notion that all persons are subject to the ordinary law of the land administered by the ordinary law courts, that officials and others are not exempt from the general duty of obedience to the law, that discretionary governmental powers must not be abused, and that the task of superintending the operation of law rests with an impartial, independent judiciary. "A number of distinct meanings are normally given to the provision that there should be equality before the law. One meaning is that equality before the law only connotes the equal subjection of all to a common system of law, whatever its content.... A second theory asserts that equality before the law is basically a procedural concept, pertaining to the application and enforcement of laws and the operation of the legal system .... A third meaning normally borne by declarations that all are equal before the law, perhaps no more than a variant of the second, is that State and individual before the law should be equal." Polyvios G. Polyviou, The Equal Protection of the Laws 1-2 (1980).

equality of states The doctrine that all fully independent nations are equal under international law.This doctrine does not, of course, mean that all nations are equal in power or influence, but merely that, as nations, they all have the same legal rights.

equalization 1. The raising or lowering of assessed values to achieve conformity with values in surrounding areas. 2. Tax. The adjustment of an assessment or tax to create a rate uniform with another. Also termed equalization of taxes; fair and proper legal assessment.

equalization board A local governmental agency responsible for adjusting the tax rates in different districts to ensure an equitable distribution of the tax burden. Also termed board ofequalization.

equalization of taxes See EQUALIZATION (2).

equalize To make equal; to cause to correspond or be the same in amount or degree.

equal-knowledge rule The principle that a complainant who was at least as aware as the defendant of the danger has no grounds for recovery because the consequences could have been readily avoided. Cf. SUPERIOR-KNOWLEDGE RULE.

equally divided 1. (Of property) apportioned per capita not per stirpes among heirs on the testator's death. A provision in a will calling for property to be divided "share and share alike" has the same effect. 2. (Of a court, legislature, or other group) having the same number of votes on each side of an issue Of dispute.

equal-management rule The doctrine that each spouse alone may manage community property unless the law provides otherwise. Cf. HEAD-AND-MASTER RULE.

equal-opportunity employer An employer who agrees not to discriminate against any job applicant or employee on the basis of race, color, religion, sex, natural origin, age, or disability. Abbr. EOE.

equal-opportunity employer- See EMPLOYER. equal-or-superior-knowledge rule. See SGPERIORKNOWLEDGE RULE.

equal-shares clause Insurance. A clause requiring an insurer to pay its proportionate share of a claimed loss.

equal-time doctrine See FAIRNESS DOCTRINE.

eques (ee-kweez), n. [Latin], A knight.

equilocus (ee-kwa-loh-kas), n. [Latin], An equal.

equinox (ee-kwa-noks or ek-wa-noks), n. One ofthe two periods of the year when the time from the sun's rising to its setting is equal to that from its setting to its rising. The vernal equinox is about March 21, and the autumnal equinox is about September 22.

equip To furnish for service or against a need or exigency; to fit out; to supply with whatever is necessary for efficient action.

equipment The articles or implements used for a specific purpose or activity (esp. a business operation). Under the UCC, equipment includes goods if (1) the goods are used in or bought for a business enterprise (including farming or a profession) or by a debtor that is a nonprofit organization or a governmental subdivision or agency, and (2) the goods are not inventory, farm products, or consumer goods. UCC § 9-102(a)(33).

equipment trust A financing device commonly used by railroads in which a trustee and the railroad together buy equipment from a manufacturer, with the trustee providing most of the purchase price, and the trustee then leases the equipment to the railroad, which pays a rental fee comprising interest, amortization for serial retirement, and the trustee's fee. See EQUIPMENT TRUST CERTIFICATE; equipment trust bond under BOND (3).

equipment trust bond A bond secured by tangible property, such as an airplane . A trustee usu. holds title to the equipment, which is leased to the issuer. Also termed equipment trust certificate.

equipment trust bond- See BOND (3).

equipment trust certificate A security, usu. issued by a railroad, to pay tor new equipment. Title to the equipment is held by a trustee until the note has been paid off. Also termed car trust certificate; trust certificate. See EQUIPMENT TRUST.

equitable (ek-wi-ta-bal), adj. 1. consistent with principles of justice and right. 2. Existing in equity; available or sustainable by an action in equity, or under the rules and principles of equity.

equitable owner See beneficial owner (1) under OWNER.

equitable abstention See ABSTENTION.

equitable abstention. A federal court's refraining from interfering with a state administrative agency's decision on a local matter when the aggrieved party has adequate relief in the state courts.

equitable action See action in equity under ACTION (4).

equitable adoption See adoption by estoppel.

equitable adoption- See adoption by estoppel under ADOPTION (1).

equitable asset An asset that is subject to payment only in a court of equity.

equitable asset- See ASSET.

equitable assignment An assignment that, although not legally valid, will be recognized and enforced in equity for example, an assignment of a chose in action or of future acquisitions of the assignor. To accomplish an "equitable assignment," there must be an absolute appropriation by the assignor of the debt or fund sought to be assigned.

equitable assignment- See ASSIGNMENT (2).

equitable construction See liberal construction under CONSTRUCTION.

equitable conversion A change in the nature of property so that real property is treated as personal property, or vice versa, in certain circumstances. Equitable conversion is based on the maxim that equity regards as done that which ought to be done. The most common situation involves transferring real property as the parties to a contract intended before the seller experienced a change in circumstances, such as marriage or death, that could affect the property's ownership. When a contract is made, the buyer acquires equitable title to the property, and the seller retains legal title. But the seller's interest is treated as one in personal property rather than in real property because the seller's true interest is in the proceeds (usu. personal property such as cash); the legal title is security for the buyer's payment. Courts usu. apply the doctrine ofequitable conversion to recognize the transfer of equitable title, including the right of possession, to the buyer when the contract was signed. The buyer then acquires legal title by performing under the contract.

equitable conversion- See CONVERSION (1).

equitable defense A defense formerly available only in a court of equity but now maintainable in a court of law. Examples include mistake, fraud, illegality, failure of consideration, forum non conveniens, laches, estoppel, and unclean hands.

equitable defense- See DEFENSE (1).

equitable disseisin The wrongful deprivation of the equitable ownership, possession, or the fruits of ownership or possession.