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estoppel by election The intentional exercise of a choice between inconsistent alternatives that bars the person making the choice from the benefits of the one not selected.

estoppel by inaction See estoppel by silence.

estoppel by judgment See COLLATERAL ESTOPPEL.

estoppel by laches An equitable doctrine by which some courts deny relief to a claimant who has unreasonably delayed or been negligent in asserting a claim.

estoppel by misrepresentation An estoppel that arises when one makes a false statement that induces another person to believe something and that results in that person's reasonable and detrimental reliance on the belief.

estoppel by negligence An estoppel arising when a negligent person induces someone to believe certain facts, and then the other person reasonably and detrimentally relies on that belief.

estoppel by record See COLLATERAL ESTOPPEL.

estoppel by representation An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person's reasonable and detrimental reliance on the belief; esp., equitable estoppel.

estoppel by silence Estoppel that arises when a party is under a duty to speak but fails to do so. Also termed estoppel by standing by; estoppel by inaction.

estoppel by standing by See estoppel by silence.

estoppel by verdict See COLLATERAL ESTOPPEL.

estoppel by warranty See estoppel by deed.

estoppel certificate 1. A signed statement by a party (such as a tenant or a mortgagee) certifying for another's benefit that certain facts are correct, such as that a lease exists, that there are no defaults, and that rent is paid to a certain date. A party's delivery of this statement estops that party from later claiming a different state offacts. 2. See WAIVER OF CLAIMS AND DEFENSES.

estoppel in pais See equitable estoppel.

estoppel on the record See prosecution-history estoppel.

estoppel per rem judicatam (par rem joo-di-kay-tam). See COLLATERAL ESTOPPEL.

estover (e-stoh-var). (usu. pl.), 1. Wood that a tenant is allowed to take for fuel, the manufacture or repair of agricultural instruments, and the erection and maintenance of fences and hedges; necessary supplies. Also termed botes. See BOTE (1); common of estovers under COMMON. 2. The tenant's right to obtain that wood. 3. ALIMONY.

estoveriis habendis (es-ta-veer-ee-is ha-ben-dis). [Latin]. See DE ESTOVERIIS HABENDIS.

estrange 1. To separate, to keep away (a person or thing), or to keep away from (a person or thing). 2. To destroy or divert affection, trust, and loyalty. estrangement, n.

estray (e-stray), n. 1. A valuable tame animal found wandering and ownerless; an animal that has escaped from its owner and wanders about. At common law, an estray belonged to the Crown or to the lord of the manor, but today the general rule is that it passes to the state in trust for the true owner, who may regain it by proving ownership. An animal cannot be an estray when on the range where it was raised and where its owner permits it to run, and esp. when the owner is known to the party who takes the animal.

estreat (e-street), n. A copy or duplicate of some original writing or record, esp. of a fine or amercement imposed by a court, extracted from the record, and certified to one who is authorized and required to collect it. - Also termed (in Scots law) extract.

estreat- To take out a forfeited recognizance from the recordings of a court and return it to the court to be prosecuted.

estrepe (e-streep), vb. 1. To strip; to despoil; to commit waste upon an estate, as by cutting down trees or removing buildings. 2. To injure the value ofa reversionary interest by stripping or spoiling the estate. See WASTE (1).

estrepement (e-streep-mant), n. A species of aggravated waste, by stripping or devastating land to the injury of the reversioner, esp. pending a suit for possession. See DE ESTREPAMENTO.

et conj. [Latin] And. This conjunction was the introductory word of several Latin and Law French phrases that were once common

et adjournatur (et aj-ar-nay-tar). [Latin]. And it is adjourned. This phrase was used in the old reports, when argument of a case was adjourned to another day, or where a second argument was had.

et al (et al or ahl). abbr. 1. [Latin et alii or et alia], And other persons <the office of Thomas Webb et al.>. 2. [Latin et alibi] And elsewhere.

et alii e contra (et ay-Iee-i ee kon-tra). [Latin "and others on the other side"]. A phrase often used in the Year Books, describing a joinder in issue.

et alius (et ay-Iee-as). [Latin], And another.

et allocatur (et al-a-kay-tar). [Latin], And it is allowed. etc. abbr. ET CETERA.

et cetera (et set-ar-a). [Latin "and others"]. And other things. The term usu. indicates additional, unspecified items in a series. - Abbr. etc.

et de ceo se mettent en Ie pays (ay da say-oh sa me-tawn on la pay). [Law French]. And of this they put themselves upon the country. See CONCLUSION TO THE COUNTRY; GOING TO THE COUNTRY.

et de hoc ponit se super patriam (et dee hok poh-nit see s[y]oo-par pay-tree-am). [Latin]. And of this he puts himself upon the country. This was the formal conclusion of a common-law plea in bar by way of traverse.

et ei legitur in haec verba (et ee-i lee-ja-tar in heek var-ba). [Latin]. And it is read to him in these words. This phrase was formerly used in entering the prayer of oyer on the record.

et habeas ibi tunc hoc breve (et hay-bee-as ib-i tangk hok bree-vee). [Latin]. And that you have then and there this writ. These were the formal words directing the return of a writ. The literal translation was retained in the later form of a considerable number of writs.

et habuit (et hab-yoo-it). [Latin "and he had [it]"]. A common phrase in the Year Books, indicating that a party's application or demand was granted.

et hoc paratus est verificare (et hok pa-ray-tas est ver-a-fi-kair-ee). [Latin], And this he is prepared to verify.This phrase traditionally concluded a plea in confession and avoidance, or any pleading that contained new affirmative matter. A pleading containing this phrase was technically said to "conclude with a verification," as opposed to a simple denial.

et hoc petit quod inquiratur per patriam (et hok pet-it kwod in-kwa-ray-tar par pay-tree-am). [Latin "and this he prays may be inquired of by the country"], Archaic. The conclusion of a plaintiff's pleading that tendered an issue to the country. See CONCLUSION TO THE COUNTRY.

et inde petit judicium (et in-dee pet-it joo-dish-ee-am). [Latin "and thereupon he prays judgment"], Archaic. A clause found at the end of a pleading, requesting judgment in that party's favor.

et modo ad hunc diem (et moh-doh ad hangk di-am). [Latin "and now at this day"], Archaic. The formal beginning of an entry of appearance or of a continuance.

et non (et non). [Latin "and not"], Archaic. A phrase formerly used in pleading to introduce the negative averments of a special traverse. See ABSQUE HOC.

et seq (et sek). abbr. [Latin et sequens "and the following one," et sequentes (masc.) "and the following ones," or et sequentia (neuter) "and the following ones"], And those (pages or sections) that follow <11 USCA §§ 101 et seq.>.

et sic (et sik). [Latin "and so"], Archaic. The introductory words of a special conclusion to a plea in bar, intending to render the plea positive and not argumentative.

et sic ad judicium (et sik ad joo-dish-ee-am). [Latin], Archaic. And so to judgment.

et sic ad patriam (et sik ad pay-tree-am). [Latin]. And so to the country. This phrase was used in the Year Books to record an issue to the country.

et sic de anno in annum quamdiu ambo bus partibus placuerit (et sik dee an-oh in an-am kwam-dee-yoo am-ba-bas pahr-ta-bas plak-yoo-air-it). And so, from year to year, so long as both parties please, or are agreed. - The phrase appeared in reference to tacit relocation. See TACIT RELOCATION.

et sic jecit (et sik fee-sit). [Latin]. Archaic. And he did so.

et sic pendet (et sik pen-dit). [Latin]. And so it hangs. This phrase was used in the old reports to signify that a point was left undetermined.

et sic ulterius (et sik al-teer-ee-as). [Latin], Archaic. And so on; and so further; and so forth.

et uxor (et ak-sor). [Latin]. Archaic. And wife.This phrase was formerly common in case names and legal documents (esp. abstracts of title) involving a husband and wife jointly. It usu. appears in its abbreviated form, et ux. <conveyed the land to Donald Baird et ux.>. See UXOR.

et vir (et veer). [Latin], Archaic. And husband. See VIR. EU. abbr. EUROPEAN UNION.

etained fund See RETAINAGE.

eternal law See NATURAL LAW.

ethical 1. Of or relating to moral obligations that one person owes another; esp., in law, of or relating to legal ethics <the ethical rules regarding confidences>. See LEGAL ETHICS. 2. In conformity with moral norms or standards of professional conduct <refusing to identify the informant was a perfectly ethical act>.

ethical absolutism See MORAL ABSOLUTISM.

ethical consideration (often cap.) A structural component of the ethical canons set forth in the legal profession's Model Code of Professional Responsibility, containing a goal or ethical principle intended to guide a lawyer's professional conduct. Ethical considerations are often used in the interpretation and application of the Model Rules of Professional Conduct. - Abbr. EC. Cf. DISCIPLINARY RULE.

ethical drug A drug that can be dispensed only with a doctor's prescription. Cf. proprietary drug.

ethical drug- See DRUG.

ethical jurisprudence See JURISPRUDENCE.

ethical jurisprudence The branch of legal philosophy concerned with the law from the viewpoint of its ethical significance and adequacy. This area of study brings together moral and legal philosophy. Also termed (in German) Rechtsphilosophie; (in French) philo sophie du droit.

ethical relativism See MORAL RELATIVISM.

ethical wall A screening mechanism maintained by an organization, esp. a law firm, to protect client confidences from improper disclosure to lawyers or staff who are not involved in a particular representation. The screening mechanism is designed to prevent lawyer or law-firm disqualification from certain representations because of conflicts of interest. - Also termed screening mechanism; Chinese wall.

ethics See LEGAL ETHICS.

ethnic cleansing The officially sanctioned forcible and systematic diminution or elimination of targeted ethnic minorities from a geographic area, usu. by confiscating real and personal property, ordering or condoning mass murders and mass rapes, and expelling the survivors. In theory, the purpose of ethnic cleansing is to drive all members of the victimized group out of a territory. In practice, ethnic cleansing is nearly synonymous with genOcide as mass murder is a characteristic of both. Ethnic cleansing additionally includes mass rapes for two cultural reasons: (1) the victims are often put to death by their relatives or commit suicide, and (2) any children born are regarded as belonging to the father's ethnic group, not the mother's. Both acts murder and rape - are intended to diminish or extinguish the victimized minority. Cf. GENOCIDE.

ethnic profiling See RACIAL PROFILING.

etiam causa non cognita (ee-shee-am kaw-za non kog-ni-ta). [Latin]. Even where the cause is not known; absent an investigation. Some decrees could be issued without a full factual inquiry or trial.

etiam in articulo mortis (ee-shee-am in ahr-tik-p-Ioh mor-tis). [Latin], Scots law. Even at the point of death. The phrase appeared in reference to a circumstance under which one could revoke a will.

etiam in lecto (ee-shee-am in lek-toh). [Law Latin]. Even upon deathbed.

etiquette of the profession See LEGAL ETIQUETTE.

euclidean zoning See ZONING.

eundo et redeundo (ee-an-doh et red-ee-an-doh). [Latin]. Going and returning. This phrase was once used to describe vessels in transit.

eundo, morando, etredeundo (ee-an-doh, ma-ran-doh, et red-ee-an-doh). [Latin]. Going, remaining, and returning. This phrase was once used to describe a person (for example, a witness or legislator) who is privileged from arrest while traveling to the place where assigned duties are to be performed, while remaining there, and while returning.

eunomy (yoo-na-mee), n. A system of good laws that lead to civil order and justice. Also termed eunomia. Cf. DYSNOMY. eunomic, adj.

euratom A European Union organization that coordinates the development and use of nuclear energy in Europe. It was created in 1958 and merged with the European Economic Community in 1967. It is governed by the Council of the European Union.

eureka model The view that the inventive process is the product of a stroke ofluck rather than labor. The notion is used to counter labor-based theories justifying intellectual-property rights, since no labor is involved in a "eureka" discovery. ct LABORDESERT MODEL; VALUE-ADDED MODEL.

eureka moment The instant when an inventor realizes the answer to a question or the Significance of a discovery. Also termed flash ofgenius.

euribor abbr. EURO INTERBANK OFFERED RATE.

euro (yuur-oh). The official currency of most countries in the European Union. On January 1, 1999, the euro became the single currency of the participating countries. Euro notes and coins began circulating on January 1, 2002.

euro interbank offered rate A measure of what major international banks charge each other for large-volume, short-term loans of euros, based on interest-rate data provided daily by a panel of representative banks across Europe. Abbr. Euribor. Cf. LONDON INTERBANK OFFERED RATE.

eurodollar United States currency held in a bank outside the U.S., usu. in Europe, and used to settle international transactions.

european commission of human rights A body of the Council of Europe charged with overseeing the operation of the European Convention on Human Rights. The commission was abolished in 1998. The European Court of Human Rights absorbed its functions. See EUROPEAN COURT OF HUMAN RIGHTS.

european community See EUROPEAN UNION.

european convention on human rights and funda mental freedoms A 1950 international agreement to protect human rights. The European Commission for Human Rights and the European Court for Human Rights were created under the convention's terms.

european copyright directive An official instruction of the European Union designed to promote uniformity in certain aspects of copyright law and related rights, esp. on the Internet. Officially titled Directive 2001/29 on the Harmonisation of Certain Aspects ofCopyright and Related Rights in the Information Society, this is the European Union equivalent of the Digital Millennium Copyright Act. Among other provisions, the directive provides broad exclusive rights of reproduction and distribution to copyright holders, and requires E.U. member nations to prohibit the circumvention of technical measures and devices intended to prevent the alteration or reproduction of copyrighted works.

european court of human rights The judicial body of the Council of Europe. the court was set up in 1959 and was substantially changed in 1994-1998. As of 2008, the court had 47 judges, each elected by the Council of Europe's Parliamentary Assembly. The court adjudicates alleged violations of the civil and political rights enumerated in the Convention for the Protection of Human Rights and Fundamental Freedoms.

european currency unit A monetary unit that was the precursor of the euro. Created in 1979, it was an artificial currency used by the members of the European Union as their internal accounting unit. It ceased to exist in January 1999, when it was replaced by the euro. Abbr. ECV; ecu. See EURO.

european economic community See EUROPEAN UNION.

european law 1. The law of the European Union. 2. More broadly, the law of the European Union, together with the conventions ofthe Council of Europe, including the European Convention on Human Rights. 3. More broadly still, all the law current in Europe, including the law of European organizations, the North Atlantic Treaty Organization, and all the bilateral and multilateral conventions in effect, as well as European customary law.

European option See OPTION.

European option An option that can be exercised only on its expiration date. Also termed European-style option. Cf. American option.

european patent convention A 1973 treaty allowing a patent applicant to obtain patent protection in all signatory nations, mostly European Union members, through a single blanket filing and examination procedure. The Community patent is valid in any member nation in which it is registered. The procedure is administered through the European Patent Office in Munich, Germany and The Hague, Netherlands. -Abbr. EPe. Also termed Convention on the Grant of European Patent.

european patent office The office that receives filings, conducts examinations, and issues Community patents applied for under the European Patent Convention. The office is located in Munich, Germany, and The Hague, Netherlands.

european patent organization A centralized patentgrant system, established in 1978, comprising a legislative body (the Administrative Council) and an executive body (the Patent Office).

european union An association of European nations whose purpose is to achieve full economic unity (and eventual political union) by agreeing to eliminate barriers to the free movement of capital, goods, and labor among the member-nations. The European Union was formed as the European Economic Community (EEC) by the Treaty of Rome in 1957, and later renamed the European Community (EC). The European Community became the European Union when the Maastricht Treaty on European Union took effect in November 1993. Abbr. EU.

European-style option See European option under OPTION.

euthanasia (yoo-tha-nay-zha), The act or practice of causing or hastening the death of a person who suffers from an incurable or terminal disease or condition, esp. a painful one, for reasons of mercy. Euthanasia is sometimes regarded by the law as seconddegree murder, manslaughter, or criminally negligent homicide. In 2001, the Netherlands became the first nation to legalize euthanasia. Also termed mercy killing. See LIVING WILL; ADVANCE DIRECTIVE. Cf. assisted suicide under SUICIDE; DYATHANASIA. euthanasic (yoo-tha-nay-zik), adj. "The translation of the Greek word euthanasia - 'easy death' contains an ambiguity. It connotes that the means responsible for death are painless, so that the death is an easy one. But it also suggests that the death sought would be a relief from a distressing or intolerable condition of living (or dying), 50 that death. and not merely the means through which it is achieved, is good or right in it self. Usually, both aspects are intended when the term euthanasia is used; but when that is not the case, there can be consequences in legal analysis." Alexander Morgan Capron, "Euthanasia," in 2 Encyclopedia ofCrime and Justice 709, 709 (Sanford H. Kadish ed., 1983).

euthanize (yoo-tha-niz), vb. To put to death by euthanasia. This term is used chiefly in reference to animals. Also termed euthanatize.

evacuee A person who has been evacuated, esp. because of a natural disaster or an imminent man-made danger, such as war. This loanword from French dates from World War I. Cf. displaced person under PERSON (1); REFUGEE.

evaluative fact See FACT.

evaluative fact- A fact used to assess an action as being reasonable or negligent.