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equivalents doctrine See DOCTRINE OF EQUIVALENTS.

equivocal (i-kwiv-a-kal), adj. 1. Of doubtful character; questionable. 2. Having more than one meaning or sense; ambiguous.

equivocality test (i-kwiv-a-kal-a-tee). See RES IPSA LOQUITUR TEST.

equivocation (i-kwiv-a-kay-shan). See latent ambiguity under AMBIGUITY.

equuleus (i-kwoo-lee-as), n. [Latin], Roman law. A rack in the shape of a horse, used for torture.

ERA abbr. EQUAL RIGHTS AMENDMENT.

erase 1. To rub or scrape out (something written); to obliterate. 2. To obliterate (recorded material). 3. To seal (criminal records) from disclosure. erasure, n.

erastian (i-ras-chan or i-ras-tee-an). A follower of Thomas Erastus (1524-1583), who thought that offenses against religion and morality should be punished by the civil power and not by the censures of the church. As a sect, Erastians had great int1uence in England, particularly among 17th-century commonlaw lawyers.

erasure of record See EXPUNGEMENT OF RECORD.

erciscundus (er-sis-kan-das), adj. [Latin], Civil law. To be divided. - A suit judicium familiae erciscundae was one to partition an inheritance.

erect 1. To construct. 2. To establish. - In England, erect is one of the formal words of incorporation in a royal charter, being part of the phrase, "We do incorporate, erect, ordain, name, constitute, and establish." See ERIGIMUS.

erectile dysfunction See IMPOTENCE.

ergo (ar-goh or air-goh), adv. [Latin], Therefore; thus.

ergolabus (ar-goh-Iay-bas), n. [Latin], Civil law. A person who contracts to perform work by personally furnishing the materials and labor.

erie doctrine (eer-ee). The principle that a federal court exercising diversity jurisdiction over a case that does not involve a federal question must apply the substantive law of the state where the court sits. Erie R.R. v.Tompkins, 304 U.S. 64, 58 S.Ct. 817 (1938). Cf. REVERSE ERIE DOCTRINE.

erie/Klaxon doctrine See KLAXON DOCTRINE.

erie-bound adj. (Of a federal court) required to apply the Erie doctrine.

erigimus (i-rij-a-mas). [Latin], We erect. - This was one of the words used in a corporation's royal charter. See ERECT (2).

ERISA (ee or a-ris-a). abbr. EMPLOYEE RETIREMENT INCOME SECURITY ACT.

eristic (e-ris-tik), adj. Of or relating to controversy or disputation. Also termed eristical.

ermine (ar-min), n. The station of a judge; judgeship. - The term refers to the fur trimmings (made from the coats of white weasels called "ermine") adorning official robes of English judges. ermined, adj.

ernbrace To atternpt to influence (a judge or juror) by corruption, or to behave in a way that might have a corrupting influence; to engage in embracery.

ernbracer (im-brays-ar). [fr. Old French embraseor "one who kindles or instigates," fro embraser "to set fire to"], The bribe-giver in the offense of embracery; one who attempts to influence a judge or a juror by means of corruption. - Also spelled embraceor.

erosion The wearing away of something by action of the elements; esp., the gradual eating away of soil by the operation of currents or tides. Cf. ACCRETION (1); DELlCTION; AVULSION (2); ALLUVION.

err (ar), vb. To make an error; to be incorrect or mistaken <the court erred in denying the motion for summary judgment>.

errant (er-ant), adj. 1. Fallible; incorrect; straying from what is proper <an errant judicial holding>. 2. Traveling <a knight errant>.

errata sheet An attachment to a deposition transcript containing the deponent's corrections upon reading the transcript and the reasons for those corrections. - Also termed errata page.

erratum (i-ray-tam or i-rah-tam), n. [Latin "error"], An error that needs correction. PI. errata (i-ray-td or i-rah-ta). See CORRIGENDUM.

erroneous (i-roh-nee-as), adj. Incorrect; inconsistent with the law or the facts.

erroneous assessment An assessment that deviates from the law and creates a jurisdictional defect, and that is therefore invalid.

erroneous assessment- See ASSESSMENT.

erroneous extradition See extraordinary rendition under RENDITION.

erroneous jndgment See JUDGMENT.

erroneous judgment A judgment issued by a court with jurisdiction to issue it, but containing an improper application of law. This type of judgment is not void, but can be corrected by a trial court while the court retains plenary jurisdiction, or in a direct appeal. Also termed judgment in error. See ERROR (2).

erroneous rendition See EXTRAORDINARY RENDITION.

erroneous rendition See RENDITION.

erroneous tax See TAX.

erroneous tax 1. A tax levied without statutory authority. 2. A tax on property not subject to taxation. 3. A tax levied by an officer who lacks authority to levy the tax. - Also termed illegal tax.

erronice (i-roh-na-see), adv. [Law Latin), Erroneously; through error or mistake.

error 1. An assertion or belief that does not conform to objective reality; a belief that what is false is true or that what is true is false; MISTAKE.

error apparent of record See plain error.

error calculi (er-or kal-kyuu-li). [Latin], Roman & civil law. An error in calculation. "If it occurs in a judgment and is fully eVident, no appeal is necessary. The judge himself may correct it. In public administration, error calculi is without any legal effect. A reexamination and correction (retractatio) is admissible even after ten or twenty years." Adolf Berger, Encyclopedic Dictionary of Roman Law 456 (1953).

error de persona (dee par-soh-na). [Latin "error of the person"], A mistake about a person's identity. Cf. ERROR NOMINIS.

error in corpore (kor-pa-ree). A mistake involving the identity of a particular object, as when a party buys a horse believing it to be the one that the party had already examined and ridden, when in fact it is a different horse.

error in fact See mistake offact (1) under MISTAKE.

error in law See mistake oflaw (1) under MISTAKE.

error in negotio (ni-goh-shee-oh). A mistake about the type of contract that the parties actually wanted to enter.

error in quantitate (kwahn-ta-tay-tee). A mistake affecting the amount of the contractual object.

error in vacuo See harmless error.

error in vacuo- (in vak-yoo-oh). [Latin "error in a void"], See harmless error under ERROR.

error nominis (nahm-a-nis). [Latin "error of name"], A mistake of detail in a person's name. Cf. ERROR DE PERSONA.

error of fact See mistake offact (1) under MISTAKE.

error of law See mistake of law (1) under MISTAKE.

error, assignment of See ASSIGNMENT OF ERROR.

error, writ of See WRIT OF ERROR.

errore acerrimo non affectato insimulatove (e-ror-ee a-ser-i-moh non af-ek-tay-toh in-sim-yuu-Ia-toh-vee). [Latin], Through error of the most pointed or positive character, not merely pretended or feigned

errore lapsus (e-ror-ee lap-sas). [Latin], Mistaken through error. This type of mistake was usu. not sufficient to invalidate a contract.

errorin qualitate (kwah-la-tay-tee). A mistake affecting the quality of the contractual object.

error-of-judgment rule The doctrine that a professional is not liable to a client for advice or an opinion given in good faith and with an honest belief that the advice was in the client's best interests, but that was based on a mistake either in judgment or in analyzing an unsettled area of the professional's business. For example, an attorney who makes an error in trial tactics involving an unsettled area of the law may, under certain circumstances, defeat a malpractice claim arising from the tactical error. - Also termed judgmental immunity.

errors, assignment of See ASSIGNMENT OF ERRORS.

errors-and-omissions insurance See INSURANCE.

errors-and-omissions insurance An agreement to indemnify for loss sustained because of a mistake or oversight by the insured - though not for loss due to the insureds intentional wrongdoing. For example, lawyers often carry this insurance as part of their malpractice coverage to protect them in suits for damages resulting from inadvertent mistakes (such as missing a procedural deadline). While this insurance does not cover the insureds intentional wrongdoing, it may cover an employees intentional, but unauthorized, wrongdoing. - Often shortened to E&O insurance.

ERS abbr. ECONOMIC RESEARCH SERVICE.

ESA abbr. 1. ECONOMICS AND STATISTICS ADMINISTRATION. 2. EMPLOYMENT STANDARDS ADMINISTRATION.

ESBT abbr. See electing small-business trust under TRUST (3).

escalation clause See ESCALATOR CLAUSE.

escalator clause 1. A contractual provision that makes pricing flexible by increasing or decreasing the contract price according to changing market conditions, such as higher or lower taxes or operating costs. Cf. DE-ESCALATION CLAUSE. 2. A provision in a divorce decree or divorce agreement providing for the automatic increase of alimony payments upon the occurrence of any of various triggering events, such as cost-of-living increases or an increase in the obligor's salary. Escalation clauses for child support are often unenforceable. 3. Oil & gas. A provision in a long-term gas contract allowing the base price of the gas to be adjusted as the market changes. The actual adjustment may be up or down. - Also termed escalation clause;fluctuating clause.

escambium See CAMBIUM (2).

escape 1. The act or an instance of breaking free from confinement, restraint, or an obligation. 2. An unlawful departure from legal custody without the use of force. Also termed actual escape. Cf. PRISON BREACH. "In the technical sense an 'escape' is an unauthorized departure from legal custody; in a loose sense the word is used to indicate either such an unlawful departure or an avoidance of capture. And while the word is regularly used by the layman in the broader sense it usually is limited to the narrower meaning when used in the law, - although this is not always so." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 559 (3d ed. 1982).

escape clause A contractual provision that allows a party to avoid performance under specified conditions; specif., an insurance-policy provision usu. contained in the "other insurance" section of the policy - requiring the insurer to provide coverage only if no other coverage is available. Cf. EXCESS CLAUSE; PRO RATA CLAUSE.

escape period Labor law. A time agreed upon in some union contracts during which workers may withdraw from the union near the end of one term covered by the contract and before the start of the next.

escape warrant See WARRANT (1).

escapee A prisoner or other inmate who has escaped from lawful custody."The word 'escapee is employed at times by those who are not careful in the use of language. They probably think this word is comparable to 'arrestee' or 'employee. But the arrestee did not do the arresting and the employee did not do the employing. The employee does the work but that makes him a worker, not a workee." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 560 (3d ed. 1982).

escapium (e-skay-pee-am), n. [Law Latin], That which comes by chance or accident. In medieval Latin, the term often referred to the escape of a prisoner or the straying of cattle.

escheat (es-cheet), 1. The reversion ofland ownership back to the lord when the immediate tenant dies without heirs. See WRIT OF ESCHEAT. 2. Reversion of property (esp. real property) to the state upon the death of an owner who has neither a will nor any legal heirs. 3. Property that has so reverted. See heirless estate under ESTATE (3). escheat, vb. - escheatable, adj. "All escheats, under the English law, are declared to be strictly feudal, and to import the extinction of tenure.... The rule [was] that if lands were held in trust and the cestui que trust without heirs, the lands did not escheat to the crown, but the trustee, being in esse and in the legal seisin of the land, took the land discharged of the trust, and bound as owner for the feudal services. But as the feudal tenures do not exist in this country, there are no private persons who succeed to the inheritance by escheat; and the state steps in the place of the feudal lord, by virtue of its sovereignty, as the original and ultimate proprietor of all the lands within its jurisdiction." 4 James Kent, Com· mentaries on American Law *423-24 (George Comstock ed., 11th ed. 1866).

escheat grant See GRANT.

escheat grant- A government's grant of escheated land to a new owner. Also termed escheat patent.

escheat patent See escheat grant under GRANT.

escheat patent See escheat grant under GRANT.

escheator (es-cheet-ar). A royal officer appointed to assess the value of property escheating to the Crown. Corrupt officers led many to associate the escheator with fraudulent conduct, giving rise to the word cheat as used in the modern sense. - Also termed cheater.

escheccum (es-chek-am), n. [Latin], A jury or inquisition.

escobedo rule (es-ka-bee-doh). Criminal procedure. lhe principle that a statement by an unindicted, targeted suspect in police custody is inadmissible at trial unless the police warn the suspect of the right to remain silent and provide an opportunity for the suspect to consult with retained or appointed counsel.This rule was a precursor to the Miranda rule. Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758 (1964). See MIRANDA RULE.

escot (e-skot), n. English law. A tax paid in boroughs and corporations to support the community.

escribano (es-kree-bah-noh), n. [Spanish], Spanish law. A notary; specif., an officer who has authority to set down in writing, and attest to, transactions and contracts between private persons, as well as judicial acts and proceedings.

escritura (es-kree-toor-ah), n. [Spanish], Spanish law. A written instrument, such as a contract; esp., a deed that either is prepared by an escribano or notary of a corporation or council (concejo) or is sealed with a monarchicalor governmental seal.

escritura publica (es-kree-toor-ah pab-li-ka). See PUBLIC WRITING (2).

escroquerie (es-kroh-ka-ree), n. [French], Fraud; swindling; cheating.

escrow (es-kroh), 1. A legal document or property delivered by a promisor to a third party to be held by the third party for a given amount of time or until the occurrence of a condition, at which time the third party is to hand over the document or property to the promisee <the agent received the escrow two weeks before the closing date>. 2. An account held in trust or as security <the earnest money is in escrow>. - Also termed escrow account; impound account; reserve account. See escrow account under ACCOUNT. 3. The holder of such a document, property, or deposit <the attorney performed the function of escrow>. Also termed escrow agent. 4. The general arrangement under which a legal document or property is delivered to a third person until the occurrence of a condition <creating an escrow>. escrow, vb. 'Like 'scroll' and 'scrawl: the word 'escrow' is derived from the Norman·French word for a writing or a written instrument. It has come in practice to refer to a security device: one or both parties to a transaction deposit property or an instrument with a third party until some condition has occurred. The property or instrument may be referred to as the escrow'; the delivery is said to be 'in escrow.'" Restate· ment (Second) of Contracts § 103 em!. a (1979).

escrow account 1.A bank account, generally held in the name of the depositor and an escrow agent, that is returnable to the depositor or paid to a third person on the fulfillment ofspecified conditions. Also termed escrow deposit. See ESCROW (2). 2. See impound account.

escrow account- See ACCOUNT.

escrow agent The third-party depositary ofan escrow; ESCROW (3). - Also termed escrow holder; escrowee; escrow officer.

escrow agent- See AGENT (2).

escrow agreement The instructions given to the third-party depositary of an escrow.

escrow contract The contract among buyer, seller, and escrow holder, setting forth the rights and responsibilities of each. See ESCROW.

escrow contract- See CONTRACT.

escrow deposit See escrow account under ACCOUNT.

escrow holder See escrow agent under AGENT (2).

escrow office See escrow agent under AGENT (2).

escrow officer See escrow agent under AGENT (2).

escrowee See escrow agent under AGENT (2).