Glossary Archive

A Durable Power of Attorney is a legal document that grants an individual (known as the "agent" or "attorney-in-fact") the authority to make decisions on behalf of another person (known as the "principal") in the event that the principal becomes incapacitated or unable to make decisions for themselves. Unlike a standard power of attorney, which...

Duty to Arbitrate The Duty to Arbitrate refers to the legal obligation of parties to resolve disputes through arbitration rather than litigation, as specified in a mutual agreement or contract. This duty arises when the parties have previously agreed to arbitrate disputes that may arise in the course of their relationship or transaction. Arbitration is...

A Dynasty Trust is a long-term trust designed to pass wealth across multiple generations while minimizing estate taxes and protecting assets from creditors. This type of trust allows the grantor to establish a trust fund that can last for many years—often indefinitely—enabling beneficiaries, such as children and grandchildren, to benefit from the trust's assets without...

E-Discovery Disputes E-Discovery Disputes refer to conflicts that arise during the electronic discovery process in legal proceedings. Electronic discovery, or e-discovery, involves the identification, collection, and production of electronically stored information (ESI) that is relevant to a case. This can include emails, documents, databases, social media content, and other digital files. These disputes often occur...

Early Case Assessment in ADR Early Case Assessment (ECA) in Alternative Dispute Resolution (ADR) refers to the initial evaluation process undertaken by parties involved in a dispute to assess the strengths and weaknesses of their case before entering into formal mediation or arbitration. This assessment helps parties identify critical issues, potential risks, and opportunities for...

Early Neutral Evaluation Early Neutral Evaluation (ENE) is a process used in civil litigation where a neutral third party, often an experienced attorney or retired judge, assesses the strengths and weaknesses of each party's case early in the dispute. The primary purpose of ENE is to facilitate a more informed negotiation process and potentially expedite...

Easement Appurtenant Agreement An Easement Appurtenant is a legal right that allows the owner of one property (the dominant estate) to use a portion of another property (the servient estate) for a specific purpose. This type of easement is tied to the land and transfers automatically with the ownership of the dominant estate, enhancing its...

Easement by Condemnation An easement by condemnation is a legal right acquired by a government or authorized entity to use a portion of an individual's property for a public purpose, typically as a result of eminent domain. This type of easement allows the government to access and utilize private land, often for infrastructure projects such...

Easement by Necessity An easement by necessity is a legal right that allows a property owner to use a portion of another person's land to access their own property when such access is essential for the enjoyment or use of that property. This type of easement is typically established in situations where a parcel of...

Easement by Prescription An easement by prescription is a legal right to use another person's property, which is acquired through continuous and open use of that property without the permission of the owner over a specified period of time, typically defined by state law. This form of easement is often established when the use meets...