Latin for Lawyers

ERROR CORAM NOBIS

may be raised on appeal, but, usually, only if the party raising them has made timely objection during the trial. ERROR CORAM NOBIS The basis for the writ which initiated an inquiry by the trial court into errors of fact which might have resulted in a different verdict if known at the time of decision. See CORAM NOBIS ESCHEAT [Thought to be from the L. ex / out of + cadere / to fall] The reversion of property to the state when there is no person legally compe tent to own it, e.g., upon the disappearance or death of the person legally enti tled to the property. The transfer to the state of property which is unclaimed by the owner or his agents; e.g., a bank account or a stock certificate or divi dend. ESQUIRE [L. scutum / a shield made of wood and covered with hides] Formerly, a member of the English gentry ranking just below a knight. A term expressing courtesy or respect, used after a person's name. A term of address used in the United States to acknowledge that a person is licensed as a lawyer, e.g., John Smith, Esq. ESSENTIALIA NEGOTII To institute or put in place, as to establish rights under a statute. To bring into existence or give effect to. To make firm or stable. To give form or substance to, as to establish a new business. To make clear and definite, as to establish the truth of a fact. ESTOPPEL [L. stupere / to stand still, to halt] A bar or waiver. A restraint or impediment imposed by the law; the preven tion of further action or claim by a party. In real estate law, an estoppel certif icate is a sworn statement by a party to the transaction as to some important fact; e.g., the principal amount of a mortage. The statement is binding upon him for all purposes thereafter. Promissory estoppel prevents a party who has made a promise upon which another party has relied, from repudiating that promise. ESTOVER [L. aestus / heat, boiling. Thought to be from est opus or opus est / there is work to be done] The right of a tenant to take as much wood from the land as he needed for his fuel and fences. Also, an allowance made from an estate to support a benefi- Those things which are essential to a business transaction. ESTABLISH [L. stabilio, stabilire / to make firm or stable]

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