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evarts act (ev-arts). An 1891 federal statute that established the circuit courts of appeals (now U.S. courts of appeals) and fixed the contemporary method of federal appellate review.

evasion See TAX EVASION.

evasive adj. Tending or seeking to evade; elusive; shifting. If a pleading requiring a response is evasive, the responding party may move for a more definite statement. Fed. R. Civ. P. 12(e).

evasive answer A response that neither directly admits nor denies a question . In discovery, this is considered a failure to answer. Fed. R. Civ. P. 37(a) (3).

evasive answer- See ANSWER (2).

even date The same date . This jargonistic phrase is sometimes used in one instrument to refer to another instrument with the same date, esp. when both relate to the same transaction (as a deed and a mortgage).

even lot See round lot under LOT (3).

evenings The delivery at evening or night to a customary tenant of a gratuity in the form of a portion of the grass, corn, or other crop that the tenant cuts, mows, or reaps for the lord.

event-driven audit An audit that focuses on particular transactions or activities that may raise significant legal issues .o Unlike routine periodic audits, an event-driven audit can focus substantial auditing resources on analyzing a particular event.

event-driven audit- See AUDIT.

evergreen contract A contract that renews itself from one term to the next in the absence of contrary notice by one of the parties.

evergreen contract- See CONTRACT.

evict 1. To expel (a person, esp. a tenant), from real property, usu. by legal process. Also termed put out. 2. Archaic. To recover (property or title) from a person by legal process. - evictor, n.

eviction The act or process of legally dispossessing a person ofland or rental property. See FORCIBLE ENTRY AND DETAINER. Cf. EJECTMENT.

eviction by paramount title An eviction by judicially establishing title superior to that under which the possessor claims. Also termed eviction by title paramount.

eviction by title paramount See eviction by paramount title.

evidence 1. Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact <the bloody glove is the key piece of evidence for the prosecution>. 2. Seefact in evidence under FACT. 3. The collective mass of things, esp. testimony and exhibits, presented before a tribunal in a given dispute <the evidence will show that the defendant breached the contract>. 4. The body of law regulating the admiSSibility of what is offered as proof into the record of a legal proceeding <under the rules of evidence, the witness's statement is inadmissible hearsay that is not subject to any exception>. Also termed (in sense 4) rules ofevidence. evidence, vb. "Evidence is any matter of fact which is furnished to a legal tribunal, otherwise than by reasoning or a reference to what is noticed without proof, as the basis of inference in ascertaining some other matter of fact." James B. Thayer, Presumptions and the Law of Evidence. 3 Harv. L. Rev. 141, 142 (1889). "EVidence, broadly defined, is the means from which an inference may logically be drawn as to the existence of a fact; that which makes eVident or plain. Evidence is the demonstration of a fact; it signifies that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on the one side or on the other. In legal acceptation, the term 'evidence' includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. 'Evidence' has also been defined to mean any species of proof legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete objects, and the like." 31A c.J.S. Evidence § 3, at 67-68 (1996).

evidence aliunde See extrinsic evidence (1).

evidence by inspection See demonstrative evidence under EVIDENCE.

evidence code A relatively comprehensive set of statutory provisions or rules governing the admissibility of evidence at hearings and trials.

evidence of debt See SECURITY (4).

evidence of indebtedness See SECURITY (4).

evidence of insurability Information - such as medical records or a medical examination that an insurer may require to establish a potential insured's qualification for a particular insurance policy.

evidence of title The means by which the ownership of land is satisfactorily demonstrated within a given jurisdiction. See DEED (2), (3). "There are four kinds of evidence of title: abstract and opinion, certificate of title, title insurance and Torrens certificate. The certificate of title is used extenSively in the Eastern states, and some Southern states. In urban centers in a great many sections of the country, title insurance occupies a dominant position in real estate transactions. In farm areas the abstract and opinion method is common. To a great extent, the acceptability of a particular kind of evidence of title depends on the local custom." Robert Kratovil, Real Estate Law 170 (6th ed. 1974).

evidence rules See EVIDENCE (4).

evidence-in-chief Evidence used by a party in making its case-in-chief.

evidencing feature Evidence. A group of circumstances that, when taken as a whole, form a composite feature that can be reliably associated with a single object. This term appears more frequently in criminal cases than in civil. In criminal cases, it usu. refers to evidence that establishes a perpetrator's identity, but in civil cases it often refers to evidence that an event did or did not occur. Also termed evidencing mark; evidential mark.

evidencing mark See EVIDENCING FEATURE.

evidentia (ev-i-den-shee-a), n. [Law Latin]. Evidence.

evidential adj. Of, relating to, relying on, or constituting evidence; EVIDENTIARY (1).

evidential fact See evidentiary fact (2) under FACT.

evidential mark See EVIDENCING FEATURE.

evidentiary (ev-i-den-sha-ree), adj. 1. Having the quality of evidence; constituting evidence; evidencing. 2. Pertaining to the rules of evidence or the evidence in a particular case.

evidentiary fact See FACT.

evidentiary fact- (ev-i-den-sha-ree).1. A fact that is necessary for or leads to the determination of an ultimate fact. Also termed predicate fact. 2. A fact that furnishes evidence of the existence of some other fact. Also termed evidential fact. 3. See fact in evidence.

evidentiary hearing See HEARING.

evidentiary hearing- 1. A hearing at which evidence is presented, as opposed to a hearing at which only legal argument is presented. 2. See ADMINISTRATIVE PROCEEDING.

evince vb. To show, indicate, or reveal <in abstaining from the vote, Hariden evinced misgivings about the nomination>.

evocation (ev-a-kay-shan). French law. The act of withdrawing a case from an inferior court and bringing it before a superior court.

evocative trademark See suggestive trademark under TRADEMARK.

evolution statute See ANTI-EVOLUTION STATUTE.

ewage (yoo-ij), n. [Law French]. A toll paid for water passage.

ex 1. Former <ex-wife>. 2. Without <ex rights>. 3. From <ex cathedra>. 4. (usu. cap.) abbr. Exhibit <Ex. 4>. 5. abbr. Example <this is but one ex. of several that might be cited>. 6. (cap.) abbr. EXCHEQUER.

ex gratia payment A payment not legally required; esp., an insurance payment not required to be made under an insurance policy.

ex officio member See member ex officio under MEMBER.

ex visceribus (eks vi-ser-a-bas). [Latin "from the bowels"]. From the vital part; from the very essence of (a thing).

ex abundanti (eks ab-an-dan-ti). [Latin "out of abundance"], Archaic. Abundantly; superfluously.

ex abundanti cautela (eks ab-an-dan-ti kaw-tee-la). [Latin], Archaic. Out of abundant caution; to be on the safe side.

ex adverso (eks ad-var-soh). [Latin], On the other side. This term is sometimes applied to opposing counsel.

ex aequitate (eks ee-kwa-tay-tee). [Latin], According to equity; in equity.

ex aequo et bono (eks ee-kwoh et boh-noh). [Latin], According to what is equitable and good. A decisionmaker (esp. in international law) who is authorized to decide ex aequo et bono is not bound by legal rules and may instead follow equitable principles. For example. article 38(2) of the Statute of the International Court of Justice provides that the Court may "decide a case ex aequo et bono if the parties agree thereto." 37 ILM 999.

ex altera parte (eks al-tar-a [or awl-] pahr-tee). [Latin] Of the other part.

ex ante (eks an-tee), adj. & adv. [Latin "from before"]. Based on assumption and prediction, on how things appeared betorehand, rather than in hindSight; subjective; prospective <from an ex ante perspective>. Cf. EX POST.

ex arbitrio judicis (eks ahr-bi-tree-oh joo-di-sis). [Latin], Civil law. At, from, or upon the discretion of the judge.

ex assensu curiae (eks a-sen-s[y]oo kyoor-ee-ee or -i). [Latin], By or with the consent of the court.

ex assensu patris (eks a-sen-s[y]oo pay-tris). [Latin "by or with the consent of the father"]. A species of dower ad ostium ecclesiae, under which a husband, by his father's express consent, would endow his wife with a parcel of the father's lands. This type of dower was abolished in England by the Dower Act (1833). St. 3 & 4 Will. 4, ch. 105, § 13.

ex assensu suo (eks a-sen-s[y]oo s[y]oo-oh). [Latin "with his assent"], Formal words in a default judgment for damages.

ex auditu (eks aw-di-t[y]oo). [Latin]. By hearsay; by report.

ex bonis (eks boh-nis). [Latin], Civil law. Of or relating to goods or property.

ex bonis maternis (eks boh-nis ma-taf-nis). [Latin]. Out of the goods succeeded to through the mother.

ex bonis paternis (eks boh-nis pa-tar-nis). [Latin]Out of the goods succeeded to through the father.

ex capite (eks kap-i-tee). [Latin], On the ground of; by reason of. See LIEGE POUSTIE.

ex capite doli (eks kap-i-tee doh-li). [Law Latin]. On the ground of dole; for the reason offraud. Also termed ex capite fraudis.

ex capite inhibitionis (eks kap-i-tee in-hi-bish-ee-oh-nis). [Law Latin] Scots law. On the ground ofinhibition. See INHIBITION (4).

ex capite interdictionis (eks kap-i-tee in-tar-dik-shee-oh-nis). [Law Latin]. On the ground of interdiction. See INTERDICTION.

ex capite lecti (eks kap-i-tee lek-ti). [Law Latin], Scots law. On the ground of deathbed. Under some circumstances, a legal heir could overturn a deed that a grantor made to the heir's detriment if the deed were made within 60 days before the grantor's death.

ex capite metus (eks kap-i-tee ruee-tas). [Law Latin], Scots law. On the ground of fear. A transaction could be rescinded if it were induced by serious threats.

ex capite minorennitatis et laesionis (eks kap-i-tee min-or-en-i-tay-tis et lee-z[h]ee-oh-nis). [Law Latin], Scots law. On the ground of minority and lesion. The phrase appeared in reference to a ground upon which a minor could be restored against deeds granted by him during his minority. The phrase also referred to a basis upon which a minor could set aside a deed (on the ground of lesion) if the deed were substantially onerous.

ex cathedra (eks ka-thee-dra or kath-a-dra), adv. & adj. [Latin "from the chair"], By virtue of one's high office or position; with authority <ex cathedra pronouncements>.

ex causa (eks kaw-za). [Latin], By title.

ex causa lucrativa (eks kaw-za loo-kra -ti-va). [Latin]. From a lucrative source; gratUitously.

ex causa mandati (eks kaa-za man-day-ti). [Latin], Scots law. On account of the mandate; because of the mandate. "A mandatory is entitled to claim from the mandant reimbursement of all moneys disbursed, as well as relief from all obligations incurred, ex causa manclati i.e., on account of the matter which the mandate authorised to be done or performed."John Trayner, Trayner's Latin Maxims 195 (4th ed. 1894).

ex causa potestatis (eks kaw-za poh-tes-tay-tis). Roman law. Because of his position of authority. Certain men could not marry women who were subject to their guardianship or control, and the reason was said to be ex causa potestatis. "Certain impediments to marriage in the civil law were described as being ex causa potestatis. Th us a tutor or curator could not marry his female ward until his office had terminated, or unless his accounts had been passed. A person administering a government or public office in a province, and the members of his family, were not permitted to intermarry with a person domiciled in his province, unless they had been betrothed to each other before he had accepted the office." Alexander Wood Renton & George Grenville Phillimore, The Comparative Law ofMarriage and Divorce 6 (1910).

ex certa scientia (eks sar-ta si-en-shee-a). [Latin], Of certain or sure knowledge. This phrase was anciently used in patents, and imported full knowledge of the subject matter on the part of the sovereign.

ex colore (eks ka-Ior-ee). [Latin], By color; under color of; under pretense, show, or protection of.

ex comitate (eks kom-a-tay-tee). [Latin], Out of comity or courtesy.

ex commodato (eks kom-a-day-toh). [Latin "out of loan"]. (Of a right of action) arising out of a loan.

ex comparatione scriptorum (eks kom-pa-ray-shee-oh-nee skrip-tor-am). [Latin], Bya comparison of writings or handwritings. This term was formerly used in the law of evidence.

ex concessis (eks kan-ses-is). [Latin], From the premises granted; according to what has already been allowed.

ex consulto (eks kan-sal-toh). [Latin], With consultation or deliberation.

ex continenti (eks kon-ta-nen-ti). [Latin], Civil law. Immediately; without any interval or delay.

ex contractu (eks kan-trak-t[y]oo). [Latin "from a contract"]. Arising from a contract <action ex contractu>. Cf. EX DELICTO (1).

ex coupon bond A bond sold without coupons attached.

ex curia (eks kyoor-ee-a). [Latin], Out of court; away from the court.

ex debito justitiae (eks deb-i-toh jas-tish-ee-ee). [Latin], From or as a debt of justice; in accordance with the requirement of justice; of right; as a matter of right.

ex debito naturali (eks deb-i-toh nach-a-ray-li). [Law Latin], Scots law. Arising from natural obligation. The phrase appeared in reference to an obligation that was moral rather than legal.

ex defectu juris (eks di-fek-t[y]oo joor-is). [Law Latin]. Scots law. From a defect in the right. A seller had to warrant a purchaser against an eviction based on a defect in the seller's own right.

ex defectu natalium (eks di-fek-t[y]oo na-tay-Iee-am). [Law Latin]. From defect of parentage. Formerly, this phrase appeared in reference to a basis upon which the court rejected the will ofa bastard who died without issue.

ex defectu sanguinis (eks di-fek-t[y]oo sang-gwa-nis). [Latin]. From failure of blood; for want of issue.

ex deliberatione dominorum concilii (eks di-lib-a-ray-shee-oh-nee dom-a-nor-am kan-sil-ee-i). [Law Latin]. After consideration by the Lords of Council. "Formerly all writs which passed the Signet were procured by presentation of a bill (or petition) for such writ. The bill was perused and considered by the Lord Ordinary on the Bills, and if he was satisfied, the bill was passed and the writ issued: the latter bearing the words ex deliberatione Dominorum Concilii to signify that the bill had been considered. These words are still appended to almost all writs which pass the signet, but they are now only words of style, since the writs are now passed periculo petentis without being submitted to the Lords." John Trayner, Trayner's Latin Maxims 196-97 (4th ed. 1894).

ex delicto (eks da-lik-toh), adj. 1& adv. [Latin "from a wrong"]. 1. Arising from a crime or tort <action ex delicto>. Although ex delicto refers most commonly to a tort in modern usage, it referred historically to both torts and crimes. Cf. IN DELICTO; EX CONTRACTU. 2. Int'l Iaw. Rare. As a consequence of a crime or tort <because they were counterfeit, the goods were seized and condemned ex delicto>.

ex delicto trust See TRUST.

ex demissione (eks da-mish-ee-oh-nee). [Latin "upon the demise"]. A phrase forming part of the title of the old action of ejectment. Abbr. ex demo

ex detectu familiae (eks di-Iek-t[y]oo fa-mil-ee-ee). [Law Latin]. From choice of a certain family. The phrase appeared in reference to the sovereign's right to bestow honors on those whom he chose.

ex directo (eks di-rek-toh). [Latin]. Directly; immediately. ex distribution. Without distribution. Shares are traded ex distribution when they no longer carry the right to receive a distribution to be made to holders. -Abbr. X; XDlS.

ex diverso (eks di-var-soh). [Latin]. On the other hand; conversely.

ex dividend Without dividend. Shares are traded ex dividend when the selier, not the purchaser, is entitled to the next dividend payment because it will be made before the stock transfer is completed. The first day on which shares are traded ex dividend, the stock price will drop by an amount usu. approximating the amount of the dividend. - Abbr. XD.; X. Cf. CUM DIVIDEND.

ex dolo malo (eks doh-loh mal-oh). [Latin]. Out offraud; out of deceitful or tortious conduct.

ex empto (eks emp-toh). (Latin]. Roman & civil law. Out of purchase; founded on purchase.

ex eo quod plerumque fit (eks ee-oh kwod pli-ram-kwee fit). [Latin]. From that which generally happens.