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enajenacion

(e-nah-hen-ah-syohn), n. [Spanish), Spanish law. Alienation; the transfer of land.

enbaneworthy

adj. Slang. Worthy of being considered en banc <the Fifth Circuit concluded that two of the four issues are truly enbancworthy>. enbancworthiness, n.

enbrever

(en-bree-var), vb. [Law French], 1. To abbreviate. 2. To put into a schedule.

encheson

(en-ehee-zan), n. [Law French], The occasion, cause, or reason for which something is done. Also spelled encheason.

enclave

(en-klayv or on-). lnt'l law. An isolated part of a country's territory entirely surrounded by the territory ofone foreign country, so that any communication with the main part of the country must pass through the territory of the foreign country. Although international enclaves were once common, they are now relatively rare; examples include Baarle-Hertog, a Belgian enclave in the Netherlands, and Kaliningrad, a Russian enclave between Lithuania and Poland. - Also termed international enclave.

enclose

1. To surround or encompass; to fence or hem in on all sides. 2. To place (something) in a parcel or envelope. Also spelled inclose.

enclosed land

See LAND.

enclosed land

Land that is actually enclosed and surrounded with fences.

enclosed please find

See TRANSMITTAL LETTER.

enclosure

1. Something enclosed in a parcel or envelope. 2. Land surrounded by some visible obstruction; CLOSE (1). 3. An artificial fence around one's estate. - Also spelled inclosure.

encomienda

(en-koh-mee-en-dah), n. [Spanish], Spanish law. 1. A royal grant to a private person of a certain portion of territory in the Spanish colonies, together with the concession of a certain number of the native inhabitants, on the feudal principle of commendation. 2. A royal grant of privileges to the military orders of Spain. 3. A mandate for a person to do a specific commission. 4. Something given by mandate; esp., a parcel.

encourage

Criminal law. To instigate; to incite to action; to embolden; to help. See AID AND ABET.

encroach

1. To enter by gradual steps or stealth into the possessions or rights of another; to trespass or intrude. 2. To gain or intrude unlawfully upon another's lands, property, or authority. Formerly also spelled incroach.

encroachment

1. An infringement of another's rights. 2. An interference with or intrusion onto another's property <the court remedied the encroachment by ordering the defendant to cut down the tree limb hanging over the plaintiff's yard>. Formerly also spelled incroachment. See TRESPASS.

encumbrance

A claim or liabilitythatis attached to property or some other right and that may lessen its value, such as a lien or mortgage; any property right that is not an ownership interest. An encumbrance cannot defeat the transfer of possession, but it remains after the property or right is transferred. Also spelled incumbrance.- encumber, vb. "Encumbrances are not confined to the law of property, but pertain to the law of obligations also. Choses in action may be mortgaged, settled in trust, or otherwise made the subject-matter of jura in re aliena, no less than land and chattels." John Salmond, Jurisprudence 435-36 n.(k) (Glanville L. Williams ed .. 10th ed. 1947). '''Encumbrance' means a right, other than an ownership interest, in real property. The term includes a mortgage or other lien on real property." UCC § 9-102(a)(32).

encumbrancer

One having a legal claim, such as a lien or mortgage, against property.

end

1. An object, goal, or purpose. 2. A result; a termination point.

end lines

A claim's lines, as platted or laid down on the ground, that mark its boundaries on the shorter dimension, where the claim crosses the vein, in contrast to side lines, which mark the longer dimension and follow the course of the vein. With reference to the apex rule, if the claim as a whole crosses the vein instead of following its course, the end lines will become the side lines and vice versa. See APEX RULE. Cf. SIDE LINES; APEX RULE.

end position

One's legal and financial position on the signing of a contract, including the choices now available, such as renewal and renegotiation.

end user

See USER (2).

endangered species

See SPECIES (1).

endangered species

A species in danger of becoming extinct; esp., under federal law, a species that is in danger of extinction throughout all or a significant part of its range. Federal law excludes from the definition a species of the class Insecta if the Environmental Protection Agency determines that it constitutes a pest whose protection would present a Significant risk to the human population. 50 CFR § 81.

endangering the welfare of a child

See CHILD ENDANGERMENT.

endangerment

The act or an instance of putting someone or something in danger; exposure to peril or harm. See CHILD ENDANGERMENT; RECKLESS ENDANGERMENT. endanger, vb.

endeavor

A systematic or continuous effort to attain some goal; any effort or assay to accomplish some goal or purpose.

endeavor-

To exert physical or intellectual strength toward the attainment of an object or goal.

endenizen

(en-den-a-zan), vb. To recognize as a legal resident; to naturalize. - Also spelled endenize; indenizen; indenize. endenization, n.

endless-chain scheme

See PYRAMID SCHEME.

endnote

A note that, instead of appearing at the bottom of the page (as a footnote does), appears at the end of the book, chapter, or paper.

endogenous insemination

See artificial insemination by husband.

endogenous insemination-

See artificial insemination by husband under ARTIFICIAL INSEMINATION.

endorse

See INDORSE.

endorsed bond

See guaranteed bond (1).

endorsed bond-

See guaranteed bond (1) under BOND (3).

endorsee

See INDORSEE.

endorsement

1. INDORSEMENT. 2. An amendment to an insurance policy; a rider. endorse, vb. endorseable, adj.

endorser

See INDORSER.

endow

1. To give money or property to, esp. as a source of continuing or permanent income. 2. To provide (a woman) with a dower.

endowment

1. A gift of money or property to an institution (such as a university) for a specific purpose, esp. one in which the principal is kept intact indefinitely and only the interest income from that principal is used. 2. Hist. The assigning or giving of a dower to a woman.

endowment insurance

1. See INSURANCE. 2. See endowment life insurance under LIFE INSURANCE.

endowment insurance

A type of life insurance that is payable either to the insured at the end of the policy period or to the insureds beneficiary if the insured dies before the period ends. See endowment life insurance under LIFE INSURANCE.

endowment life insurance

See LIFE INSURANCE.

endowment policy

See INSURANCE POLICY.

endowment policy

A life- insurance policy payable at the end of a specified period, if the insured survives that period, or upon the insureds death if death occurs before the end of the period.

enelow-ettelson rule

(en-a-Ioh-et-al-san). The defunct doctrine that an order staying federal-court proceedings pending the determination of an equitable defense (such as arbitration) is an injunction appealable under 28 USCA § 1292(a)(l) if the proceeding stayed was an action that could have been maintained as an action at law before the merger oflaw and equity. Enelow v. New York Life Ins. Co., 293 U.S. 379, 55 S.Ct. 310 (1935); Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188,63 S.Ct. 163

enemy

1. One who opposes or inflicts injury on another; an antagonist. 2. An opposing military force. 3. A state with which another state is at war. Also termed public enemy. 4. A person possessing the nationality of the state with which one is at war. Also termed enemy subject. 5. A foreign state that is openly hostile to another whose position is being considered.

enemy alien

See alien enemy.

enemy alien-

See alien enemy under ALIEN.

enemy combatant

(kam-bat-ant). A combatant captured and detained while serving in a hostile force during open warfare .In general, the separation of-powers doctrine prevents a United States civilian court from interfering with the military's handling of enemy combatants, at least as long as the hostilities continue. An enemy combatant may be detained without charges but has the right to contest the detention. Rasul v. Bush, 542 U.S. 466,124 S.Ct. 2686 (2004). United States citizenship does not prevent a person from being designated an enemy combatant, but the government must give a citizen-detainee notice of the factual basis for the classification and a fair opportunity to rebut the factual assertions before a neutral decision-maker. Hamdi v. Rumsfeld, 542U.S. 507, 124 S.Ct. 2633 (2004).

enemy combatant-

See COMBATANT.

enemy subject

See ENEMY (4).

enemy's property

Int'l law. Property used in illegal commerce or trading with a public enemy, whether that property belongs to an ally or a citizen. This term is esp. common in prize courts. 'Ihe illegal traffic makes the property hostile, and allows penal consequences to attach to the property itself.

energy, department of

See DEPARTMENT OF ENERGY.

enfeoff

(en-fef or en-feef), vb. To put (a person), in legal possession of a freehold interest; to transfer a fief to. Formerly spelled infeoif. - Also termed feoff; infeudate; (in Law Latin) feoffare.

enfeoffment

(en-fef-mant or en-feef-), n. 1. At common law, the act or process of transferring possession and ownership ofan estate in land. Also termed infeudation; infeudatio. 2. The property or estate so transferred. 3. The instrument or deed by which one obtains such property or estate. Also spelled infeoffment. Also termed feoffment; (in Scots law) infeftment.

enforce

1. To give force or effect to (a law, etc.); to compel obedience to. 2. Loosely, to compel a person to pay damages for not complying with (a contract).

enforcement

The act or process of compelling compliance with a law, mandate, command, decree, or agreement.

enforcement of foreign judgments act

A uniform law, adopted by most states, that gives the holder of a foreign judgment essentially the same rights to levy and execute on the judgment as the holder of a domestic judgment. The Act defines a foreign judgment as any judgment, decree, or order (of a court in the United States or of any other court) that is entitled to full faith and credit in the state. See FULL FAITH AND CREDIT.

enforcement power

The authority by which Congress may enforce a particular constitutional amendment's provisions by appropriate legislation. Enforcement power is granted to Congress under the 13th, 14th, 15th, 19th, 23rd, 24th, and 26th Amendments.

enfranchise

1. To grant voting rights or other rights of citizenship to (a person or class). 2. To set free, as from slavery.

enfranchisement

(en-fran-chiz-mant or -chiz-mant), 1. 'The granting ofvoting rights or other rights of citizenship to a class of persons. 2. The act of making free, as from slavery.

enfranchisement of copyhold

The conversion of copyhold into freehold tenure, by (1) a conveyance of the fee simple from the lord of the manor to the copyholder, (2) a release by the lord of all seigniorial rights, or (3) a release by the copyholder to the lord of the copyholder's interest in the estate. See COPYHOLD.

engage

To employ or involve oneself; to take part in; to embark on.

engagement

1. A contract or agreement involving mutual promises. 2. An agreement to marry; the period after which a couple has agreed to marry but before they do so. Also termed (in sense 2) betrothal; betrothment.

engagement fee

See RETAINER (3).

engagement letter

A document identifying the scope of a professional's services to a client and outlining the respective duties and responsibilities of both.

engagement slip

A note sent by a lawyer to a court informing the court that the lawyer is professionally engaged in a second court on a given day and thus cannot appear before the first court on that day as scheduled. The term is used in Pennsylvania.

engender

To cause; to bring about; to occasion.

engineering, procurement, and construction contract

A fixed-price, schedule-intensive construction contract typical in the construction of singlepurpose projects, such as energy plants in which the contractor agrees to a wide variety of responsibilities, including the duties to provide for the design, engineering, procurement, and construction of the facility; to prepare start-up procedures; to conduct performance tests; to create operating manuals; and to train people to operate the facility. Abbr. EPC contract. Also termed turnkey contract. See SINGLE-PURPOSE PROJECT.

engineering, procurement, and construction contract-

See CONTRACT.

england procedure

A procedure by which after a federal court has referred a case back to state court under the Pullman abstention doctrine, and the state court has adjudicated the state-court issues - a litigant may return to federal court to have the federal claims adjudicated. England v. Louisiana State Bd. of Med. Examiners, 375 U.S. 411, 84 S.Ct. 461 (1964). See Pullman abstention under ABSTENTION.

english rule

The requirement that a losing litigant must pay the winner's costs and attorney's fees. Also termed loser-pays rule. Cf. AMERICAN RULE (1).

englishry, presentment of

PRESENTMENT OF ENGLISHRY.

engros

(on groh). [French], Total; by wholesale; IN GROSS. - Also spelled en grosse. Cf. EN BLOC.

engross

1. To handwrite (a document, esp. a deed) in a style characterized by large letters. This method of writing, which was derived from ancient court hand, was also used in transcribing wills well into the 19th century. See COURT HAND. 2. To prepare a copy of (a legal document, such as a deed) for execution. 3. To prepare a copy of (a bill or mandate) before a final legislative vote. 4. Hist. To buy large quantities of (a stock or commodity) in an effort to corner the market and control the price. 5. To absorb or fully occupy. - Formerly also spelled ingross. Cf. ENROLL (2). - engrossment, n.

engrossed bill

1. A bill in a form ready for final passage by a legislative chamber. 2. A bill in the form passed by one house of the legislature. See ENGROSS (3); ENGROSSMENT (2). An engrossment is a proofreading and verification in order to be certain that the bill before the house is identical with the original bill as introduced with all amendments that have been adopted correctly inserted." National Confer-ence of State Legislatures, Mason's Manual of Legislative Procedure § 735-2, at 525 (2000).

engrossed bill-

See BILL (3).

engrosser

1. A person who engrosses legal documents. 2. Hist. A person who buys large quantities of a commodity in an effort to control the price.

engrosser of the great roll

See CLERK OF THE PIPE.

engrossing

The practice of buying large quantities of commodities or merchandise with the intent of gaining a monopoly and selling them at a very high price. Engrossing was a misdemeanor in England until 1834. Also termed engrossment. See CORNERING THE MARKET. "Engrossing ... is the getting into one's possession, or buying up, of corn or other dead victuals, with intent to sell them again. This must of course be injurious to the public, by putting it in the power of one or two rich men to raise the price of provisions at their own discretion." 4 William Blackstone, Commentaries on the Laws of England 158 (1769).

engrossment

1. The preparation of a legal document (such as a deed) for execution. 2. The drafting of a resolution or bill just before a final vote on the matter in the legislature. 3. ENGROSSING.

enhanced

adj. Made increased <because of his recidivism, Monte was subject to an enhanced sentence after his latest conviction>.

enhanced damages

See DAMAGES.

enhanced damages.

1. See accumulative damages. 2. Patents. Damages for patent infringement in an amount up to three times that of compensatory damages, at the discretion of the court, based on the egregiousness of the defendant's conduct, including the willfulness of the infringement. 35 VSCA § 284.

enhancement

The act of augmenting; the state of being enhanced <the use of a deadly weapon led to an enhancement of the sentence>.

enheritance

(on-nair-ee-tahns), n. [Law French], See INHERITANCE.

enitia pars

(a-nish-ee-a pahrz). [Latin], The share of the eldest.o In English law, this describes the lot or share chosen by the eldest of coparceners when they make a voluntary partition. The first choice (primer election) belongs to the eldest.

enjoin

1. To legally prohibit or restrain by injunction <the company was enjoined from selling its stock>. 2. To prescribe, mandate, or strongly encourage <the graduating class was enjoined to uphold the highest profeSSional standards>. - Also spelled injoin. enjoinment (for sense 1), n. enjoinder (for sense 2), n.

enjoinable

adj. Capable of being prohibited by injunction <an enjoinable nuisance>.

enjoy

To have, possess, and use (something) with satisfaction; to occupy or have the benefit of (property).

enjoyment

1. Possession and use, esp. of rights or property. 2. The exercise of a right.

enlarge

1. To increase in size or extend in scope or duration <the court enlarged the time allotted for closing arguments>. 2. To free from custody or imprisonment <at common law, an action for escape lay when a prisoner was wrongly enlarged>. Cf. AT LARGE. enlargement, n.

enlargement of time

A usu. court-ordered extension of the time allowed to perform an action, esp. a procedural one.

enlarger l'estate

(en-Iahr-jar la-stayt). [Law French]. A release that enlarges an estate and consists of a conveyance of the ulterior interest to the tenant. If an estate was held by a tenant for life or years, with the remainder to another in fee, and jfthe one in remainder released all rights to the tenant and his or her heirs (through an enlarger ['estate), the tenant then held the estate in fee.

enlisted member

Military law. A person in an enlisted grade; a person in military service below the grade of officer or warrant officer. - Also termed enlisted man.

enlistment

Voluntary entry into a branch of the armed services. enlist, vb.

enoch arden law

(ee-nak ahrd-an). A statute that grants a divorce or an exemption from liability so that a person can remarry when his or her spouse has been absent without explanation for a speclfied number of years (usu. five or seven). This type of law is named after a Tennyson poem, in which the eponymous hero, having been shipwrecked for years on a desert island, returns home to find that his wife has remarried. He selflessly conceals his identity from her so that she can remain with her new husband. - Also spelled Enoc Arden law. See presumptive death under DEATH; ABANCf. SEVEN-YEARS' ABSENCE RULE.

enorm

(i-norm), adj. (Of a crime or other wrong) monstrously wicked.

enorm lesion

(i-norm lee-zhan). See LAESIO ENORMIS.

enormia

(i-nor-mee-a), [Latin], Common-law pleading. Unlawful or wrongful acts; wrongs. This word, esp. as part of the phrase et alia enormia ("and other outrages"), appeared regularly in writs and declarations of trespass.

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