3 7 A B C D E F G H I J K L M N O P Q R S T U V W

Evidence

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Evidence: Testimony of witnesses at a trial, or the production of documents or other materials to prove or disprove a set of facts. Evidence may be direct or circumstantial (that is evidence from which a fact may be presumed). The best evidence available – such as original, rather than copy, documents – must generally be presented to a court.


Ex aequo et bono

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Ex aequo et bono: (Latin: in justice and fairness) Most legal cases are decided on the strict rule of law. But, where a case is decided ex aequo et bono, the judge may make a decision based on what is just and fair in the circumstances.


Ex parte

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Ex parte: (Latin: on the part of) Court application made without notice to the other side. One party is therefore neither present nor represented.


Ex post facto

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Ex post facto: (Latin: after the fact) Ex post facto legislation retrospectively makes acts illegal which were committed before the law was passed.


Ex turpi causa non oritur actio

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Ex turpi causa non oritur actio: (Latin: No action arises from an illegal cause) A person may not sue for damage arising out of an illegal activity. A person may not sue on an illegal contract, because it is void from the time of its creation.


Examination-in-chief

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Examination-in-chief: Questioning of witnesses under oath by the party who called those witnesses (also called direct examination). After the examination-in-chief, the other side”s lawyer may question the witnesses in cross-examination. Thereafter, the first party may re-examine them, but only about issues raised during the cross-examination.


Executor

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Executor: Person appointed by a testator to administer a will. The executor is a personal representative whose duties include burying the dead, proving the will, collecting in the estate, paying any due debts and distributing the balance according to the wishes of the deceased.