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.
Tag: Legal Terms
Executor
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.
Exhibit
Exhibit: Document or object shown to a judge or jury as evidence in a trial. Each exhibit is given a number or letter as it is introduced, for future reference during the trial.
Express trust
Express trust: Trust specifically created by a settlor, usually in a document such as a will, although it can be oral. An express trust which deals with land must be in writing.
Extradition
Extradition: The arrest and handover of a person wanted for a crime committed in another country, usually under the terms of a extradition treaty. A person may not be extradited from Ireland for a political offence.
Fee simple
Fee simple: Freehold estate in land, the most extensive tenure allowed under the feudal system. A person who owns a fee simple estate may sell it, convey it by will or it may be transferred to an heir if the owner dies without leaving a will. For a fee simple estate to be conveyed in a will, the proper words of limitation must be used: either “To X in fee simple” or “To X and his heirs”.
Fee tail
Fee tail: Form of tenure that can only be transferred to a lineal descendant. In feudal times, if there were no lineal descendants, the land reverted to the lord on the death of the tenant.
Fiduciary
Fiduciary: Person (such as a trustee, company director or executor) who exercises rights and powers for the benefit of another person, but without being under the control of that person. A fiduciary must not allow any conflict of interest to affect his duties and would not normally be allowed to profit from his position.
Fieri facias
Fieri facias: (Latin: cause to be made) A writ of fieri facias commands a sheriff to take and auction off property to pay a debt (plus interest and costs) owed by a judgment debtor.
Foreclosure
Foreclosure: Forfeiture of a right of redemption on a property (generally when someone fails to pay a mortgage). Even if there has been no payment, the borrower normally retains a equitable right of redemption if he can raise the money to exercise the right. To clear the title of this potential right, a lender can apply to court for a date to be set, by which the entire amount becomes payable. If payment is not made, the property belongs entirely to the lender, who is then free to go into possession or to sell it.