legal theory

economic efficiency

Economic efficiency refers to a state in which the allocation of resources yields the greatest net benefit (i.e., the most efficient result). Legislators and judges often consider economic efficiency when formulating rules and deciding who...

Edmunds Anti-Polygamy Act of 1882

The Edmunds Anti-Polygamy Act of 1882 (Edmunds Act) is a U.S. federal statute adopted in 1882 declaring polygamy as a felony in federal territories. The Edmunds Act suppressed different rights for people practicing polygamy and made it...

eggshell skull rule

The eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. If the defendant...

egregious

Egregious, from the Latin egregius, meaning “illustrious” or literally “standing out from the flock” is a term used to describe a conduct that is flagrant, or outrageous in comparison to a normal standard of conduct. In general, the term...

ejusdem generis

Ejusdem generis (ee-joose-dem gen-ris) is a Latin phrase that means “of the same kind.” The statutory and constitutional construction principle of “ejusdem generis” states that where general words or phrases follow a number of specific words...

element

An element is an essential requirement to make a claim or defense in court, as in elements of a civil action or a criminal action.

For example, one element of negligence is the existence of a legal duty that the defendant owed to the...

elements (of a case)

Elements of a case are the component parts of a legal claim or cause of action that a plaintiff must prove to win a lawsuit. Each legal claim consists of “elements” that the plaintiff must prove in order to prevail. The plaintiff can prevail...

elements (of a crime)

Elements of a crime are the component parts of a crime. The prosecution must prove each of these elements beyond a reasonable doubt to establish the criminal liability. For example, “burglary” is defined as the act of (1) breaking; (2) and...

equitable estoppel

See estoppel.

[Last updated in November of 2022 by the Wex Definitions Team]

equitable relief

The remedy resulting from a claim of estoppel. Equitable relief is distinguished from remedies for legal actions in that, instead of seeking merely monetary damages, the plaintiff is seeking that the court compels the defendant to perform a certain...

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