legal education and practice

Overview

Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff.

Exemption trusts (also called a bypass trust, AB trust, or a credit shelter trust) are a tool used by well-off married individuals to legally maximize their estate tax exemptions. 

• trusts

Exhaustion of administrative remedies is a doctrine that generally requires a party to fully pursue all administrative remedies available when challenging a Federal

Overview

Exigent circumstances, as defined in United States v. McConney are "circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts." 

• PRIVACY
• PRIVACY RIGHTS
• right to privacy
• WARRANTLESS SEARCH
• search warrant
• warrantless searches
• WARRANTS

Expert testimony is an opinion stated under oath by a qualified individual during a trial or deposition. Such testimony can aid in clarifying complex concepts, presenting scientific evidence, evaluating data, and assisting in understanding the implications of certain actions or events.

An expert witness is a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex technical or scientific issues. See Finding and Researching Experts and Their Testimony White Paper.

Parties to a lawsuit have a duty to disclose to opposing counsel the identity of their expert witnesses they intend to call at trial, and to make a fair disclosure of the expert’s views. See Payne v. S.S.

• EXPERT WITNESS
• evidence
• civil procedure

Expert witness reports in civil federal court are governed by Federal Rule of Civil Procedure 26(a)(2)(b). Under this rule, the parties are required to disclose the names of their retained expert witnesses before trial, and to give the opposing party a written report, prepared and signed by the expert witness.

• EXPERT WITNESS
• evidence
• criminal procedure
• civil procedure

In agency law, express authority is an agent's power to act on behalf of a principal, expressly granted by the principal.

Extreme Risk Protection Orders (ERPOs), also known as “red flag laws” are court orders to temporarily block a person who is a threat to themselves or others from accessing a gun. The intent behind red flag laws is to de-escalate an emergency situation and prevent gun violence, especially mass shootings. ERPOs have limited durations for preventing a person’s access to weapons including guns they already own or plan to purchase.