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due process - The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt. - E -embezzlement - The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. eminent domain - The power to take private property for public use by the state and municipalities. en banc - A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc. enjoin - See injunction. entrapment - In criminal procedures, a complete defense. The defendant must show that officers induced the defendant to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. equity, courts of - Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. The English system upon which most American states modeled their court systems included two separate sets of courts: equity and law. Although Utah has now combined the two in a single system, court continue to refer to their powers in equity as distinct from their functions as courts of law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law. escheat - In American law, the right of the state to an estate left vacant, to which no one makes a valid claim. Property of a decedent who had no will and no heirs escheats to the state. escrow - A writing, deed, money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled. estate - A collective term meaning all real and personal property owned by a person.
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