EF glossary terms

Browse full definitions for every EF term in the Amicus glossary.

E-Filing

/ˈiːˌfaɪlɪŋ/

Definitions

  1. (n.) The process of submitting legal documents to a court or government agency electronically rather than in paper form.
    The attorney completed the e-filing of the motion before the court's deadline.

Forms

  • e-filing
  • e-file
  • e-filed
  • e-files

Commentary

E-filing enhances efficiency and accessibility in legal proceedings but requires adherence to jurisdiction-specific technical and procedural rules.


Effect

/ɪˈfɛkt/

Definitions

  1. (n.) A result or consequence produced by a legal act or event.
    The new law had a significant effect on property rights.
  2. (n.) Legal instruments or tangible property transferred as part of a transaction.
    The court ordered the return of the defendant's personal effects.
  3. (v.) To cause something to come about; to bring into existence or operation.
    The legislature effected a change in the tax code.

Forms

  • effects
  • effecting
  • effected

Commentary

In legal contexts, distinguish between effect as a consequence and as personal property (effects). As a verb, 'effect' implies intentional causation, often in formal legal or legislative settings.


Effective

/ɪˈfɛktɪv/

Definitions

  1. (adj.) Having legal force or producing a legally binding result.
    The contract becomes effective upon signature by both parties.
  2. (adj.) Capable of achieving the intended legal outcome or purpose.
    An effective remedy must adequately redress the harm suffered.

Commentary

‘Effective’ often marks the point at which rights, duties, or provisions come into legal operation and may differ from terms like ‘enforceable’ that emphasize the ability to compel compliance.


Effective Annual Rate

/ɪˈfɛktɪv ˈænjuəl reɪt/

Definitions

  1. (n.) The interest rate that is adjusted for compounding over a one-year period, representing the true annual cost of borrowing or return on investment.
    Lenders must disclose the effective annual rate to ensure borrowers understand the total yearly cost of a loan.

Forms

  • effective annual rate
  • effective annual rates

Commentary

Effective annual rate is often used in financial disclosures governed by consumer protection laws to provide transparency about true borrowing costs, highlighting the importance of compounding in interest calculations.


Effective Assistance of Counsel

/ɪˈfɛktɪv əˈsɪstəns ʌv ˈkaʊnsəl/

Definitions

  1. (n.) The constitutional right of a criminal defendant to receive competent and reasonably diligent legal representation during trial and other critical proceedings.
    The defendant claimed a violation of his right to effective assistance of counsel due to his attorney's failure to call key witnesses.

Forms

  • effective assistance of counsel

Commentary

The term is central in criminal law and constitutional law, often analyzed under the Strickland v. Washington standard assessing counsel's performance and prejudice to the defendant.


Effective Communication

/ɪˈfɛktɪv kəˌmjunɪˈkeɪʃən/

Definitions

  1. (n.) The clear, accurate, and timely exchange of information to ensure mutual understanding in legal settings.
    Effective communication is crucial during contract negotiations to avoid ambiguities.

Forms

  • effective communication

Commentary

In legal contexts, effective communication often involves not only clarity but also compliance with procedural and substantive rules governing how information must be conveyed.


Effective Date

/ɪˈfɛktɪv deɪt/

Definitions

  1. (n.) The date on which a legal document, contract, law, or agreement becomes operative and enforceable.
    The contract’s rights and obligations commence on the effective date.
  2. (n.) In legislation, the date when a statute or regulation comes into force, which may differ from the date of enactment.
    Although the law was passed last year, its effective date is next January.

Commentary

The effective date is critical to determine when legal responsibilities begin; it may be explicitly stated or inferred and is distinct from dates such as signing or enactment.


Effective Occupation

/ɪˈfɛktɪv ˌɒkjəˈpeɪʃən/

Definitions

  1. (n.) A principle in international law where actual possession or control of territory establishes sovereignty.
    Effective occupation must be demonstrated to claim a territorial right under international law.
  2. (n.) The physical control and administration of property or land, recognizing legal ownership rights in property law.
    The tenant's effective occupation of the premises supported their claim for adverse possession.

Forms

  • effective occupation

Commentary

In drafting, distinguish between international law usage (territorial control) and property law usage (possession or physical control). Effective occupation requires more than symbolic acts; actual control or administration is essential.


Effective Period

/ɪˈfɛktɪv ˈpɪəriəd/

Definitions

  1. (n.) The duration during which a legal instrument, agreement, or statute is operative and enforceable.
    The effective period of the lease begins on the date of signing and lasts for one year.
  2. (n.) The timeframe within which certain legal rights, obligations, or conditions take effect or apply.
    The policy's effective period dictates when coverage starts and ends.

Forms

  • effective periods

Commentary

The term 'effective period' often clarifies the active timeframe for enforceability and may be critical in interpreting contractual and statutory provisions.


Effectively

/ɪˈfɛktɪvli/

Definitions

  1. (adv.) In a manner that produces a legal effect or achieves the intended result under the law.
    The contract was effectively terminated when both parties agreed.
  2. (adv.) In practical terms, even if not formally or explicitly stated in legal documents.
    Though not written, the parties effectively resolved their dispute through negotiation.

Commentary

Used to describe the practical or operative result of a legal act; often distinguishes between formal validity and actual outcome.


Effectiveness

/ɪˌfɛktɪvˈnɛs/

Definitions

  1. (n.) The degree to which a law, policy, or legal instrument achieves its intended purpose or result.
    The effectiveness of the new regulation was assessed after one year of implementation.

Commentary

Effectiveness in legal contexts often focuses on practical outcomes rather than formal validity.


Effectuate

/ɪˈfektʃueɪt/

Definitions

  1. (v.) To put into force or operation; to carry out or bring about a legal act or agreement.
    The parties effectuated the contract by signing it in the presence of witnesses.

Forms

  • effectuates
  • effectuated
  • effectuating

Commentary

Commonly used in legal drafting to emphasize the formal completion or execution of a legal instrument or act.


Effectuation

/ɪˌfɛk.tʃuˈeɪ.ʃən/

Definitions

  1. (n.) The act or process of putting a legal right, duty, or condition into effect or operation.
    The effectuation of the contract terms depended on fulfilling all preliminary conditions.

Forms

  • effectuations

Commentary

Effectuation often implies a deliberate, formal process of bringing legal obligations or rights to practical operation, distinct from mere occurrence.


Efficacious

/ˌɛfɪˈkeɪʃəs/

Definitions

  1. (adj.) Having legal efficacy or capable of producing a legally significant effect.
    The court found the contract to be efficacious despite minor formal defects.

Commentary

Often used to describe the practical effectiveness of legal instruments or remedies in achieving their intended legal consequences.


Efficaciously

/ˌɛfɪˈkeɪʃəsli/

Definitions

  1. (adv.) In a manner that produces the intended or desired legal effect.
    The contract was executed efficaciously, ensuring its enforceability under law.

Commentary

Used primarily to describe the effectiveness of legal acts or documents in achieving their intended outcomes.


Efficaciousness

/ˌɛfɪˌkeɪʃəsˈnɛs/

Definitions

  1. (n.) The quality of being effective in producing a desired legal result or effect.
    The efficaciousness of the injunction was evident as it immediately halted the disputed construction.

Commentary

Often used in legal contexts to assess the actual impact or enforceability of laws, remedies, or contractual provisions.


Efficacy

/ɪˈfɪkəsi/

Definitions

  1. (n.) The ability of a law, regulation, or legal remedy to produce the desired result or effect in practice.
    The efficacy of the new environmental statute was tested in court to determine if it effectively reduced pollution.
  2. (n.) Effectiveness of evidence or arguments in achieving a legal outcome.
    The efficacy of the defense’s evidence convinced the jury to acquit.

Commentary

In legal drafting, 'efficacy' often relates to the practical impact and enforceability of legal norms rather than their mere existence on the statute books.


Efficiency

/ɪˈfɪʃənsi/

Definitions

  1. (n.) The quality of achieving maximum productivity with minimum wasted effort or expense in legal processes or business operations.
    The contract emphasized the efficiency of dispute resolution procedures.
  2. (n.) The effectiveness with which a legal institution or mechanism fulfills its purpose.
    Judicial efficiency is crucial to ensuring timely justice.

Forms

  • efficiencies

Commentary

Efficiency in legal contexts often relates to optimizing procedures and minimizing costs while maintaining fairness and compliance.


Efficient Breach

/ɪˈfɪʃənt britʃ/

Definitions

  1. (n.) A legal theory positing that breaching a contract and paying damages is economically efficient when the breach benefits outweigh the harm caused.
    The court considered whether the defendant's efficient breach justified the contract violation.

Forms

  • efficient breach
  • efficient breaches

Commentary

The concept highlights a cost-benefit analysis in contract breach, emphasizing economic efficiency rather than strict enforcement.


Efficient Frontier

/ˈɪfɪʃənt ˈfrʌntɪər/

Definitions

  1. (n.) A concept in financial and investment law describing the set of optimal portfolios that offer the highest expected return for a defined level of risk or the lowest risk for a given return, relevant in fiduciary duty and compliance contexts.
    The trustee relied on the efficient frontier to balance the investment portfolio in accordance with the beneficiaries' interests.

Forms

  • efficient frontier

Commentary

Used primarily in financial law contexts, understanding the efficient frontier aids legal professionals in assessing compliance with investment obligations and prudent management standards.


Efficient Market Hypothesis

/ɪˈfɪʃənt ˈmɑːrkɪt haɪˈpɒθəsɪs/

Definitions

  1. (n.) A financial theory stating that asset prices fully reflect all available information, making it impossible to consistently achieve higher returns than the overall market.
    The court considered the efficient market hypothesis when evaluating allegations of insider trading affected the stock price.

Forms

  • efficient market hypothesis

Commentary

Often cited in securities litigation to assess the impact of information disclosures on stock prices.


Effluent

/ˈɛflʊənt/

Definitions

  1. (n.) Liquid waste or sewage discharged into the environment, typically regulated under environmental law.
    The factory was fined for releasing untreated effluent into the river.

Forms

  • effluent

Commentary

In legal contexts, 'effluent' often appears in statutes and regulations governing water pollution and environmental protection; precise usage typically relates to permitted discharges subject to regulatory control.


Effluent Limitation

/ˈɛfluːənt ˌlɪmɪˈteɪʃən/

Definitions

  1. (n.) A regulatory standard that limits the quantity, rate, or concentration of pollutants discharged from point sources into water bodies.
    The factory was required to meet the effluent limitations set by the environmental agency to prevent water contamination.

Forms

  • effluent limitation
  • effluent limitations

Commentary

Effluent limitations are key tools in environmental law to control industrial discharges; they often appear in permits under statutes like the Clean Water Act.


Effluent Standards

/ˈɛfluənt ˈstændərdz/

Definitions

  1. (n.) Legally established limits on the quantity, concentration, or composition of pollutants allowed in wastewater discharged into the environment.
    The factory must comply with effluent standards to avoid penalties for water pollution.

Forms

  • effluent standards
  • effluent standard

Commentary

Effluent standards are critical in environmental law and must be clearly defined in permits; they often derive from statutory authority like the Clean Water Act.


Effort

/ˈɛfərt/

Definitions

  1. (n.) The exertion of physical or mental energy to accomplish a legal task or fulfill an obligation.
    The contract required reasonable effort to complete the project on time.
  2. (n.) A concerted action, often collective, towards achieving a legal or business objective.
    The parties made a joint effort to settle the dispute out of court.

Forms

  • efforts

Commentary

In legal drafting, 'effort' often implies a measure of commitment or exertion without guaranteeing results, distinguishing it from absolute obligations.


Efforts Clause

/ˈɛfərts klɔːz/

Definitions

  1. (n.) A contractual provision requiring a party to use a specified level of effort to achieve a particular objective.
    The contract's efforts clause obligated the seller to make reasonable efforts to obtain necessary permits.

Forms

  • efforts clause
  • effort clause

Commentary

The term often appears in contracts to define the diligence expected but can vary greatly in legal effect depending on whether the clause requires "reasonable," "best," or "commercially reasonable" efforts.

Glossary – EF Terms