Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
From goods of maternal inheritance.
From goods of paternal inheritance.
The temporary owner or charterer of a ship.
2. In old English law. Disherison; an injury done to one who has the inheritance, particularly to a remainder-man or reversioner. V. Ad exhceredationem. In the civil law. Disinheri
In Scotch law. To exchange, Excambion, exchange. The words are evidently derived from the Latin excambium. Bell, Diet. See "Exchange."
Excamhire. L. Lat. In old English law. To exchange. Spelman, Excam^iator; an exchanger, a broker. Cowell,
An exchanger of lands; a broker. Obsolete. EXCAMBIUM (Lat.) In English law. Exchange; a recompense. 1 Reeve, Hist. Eng. Law, 442.
In Scotch law. Exchange. 1 Forb. Inst pt. 2, p. 173.
Exchange.
By gratuity.
On the ground of deceit.
On the ground of fraud.
From the chair. Originally applied to the decisions of the popes from their cathedra, or chair. Hence, authoritative ; having the weight of authority.
From cause.
See More oe Less. Under an indictment for embezzlement, alleging the gross receiptof a sum " exceeding " a sum named, proof may be made of the receipt of any amount, althoiigh it e
to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter." §1030(e)(6).
A title given by courtesy to the governors of the states, to the President of the United States, and to ambassadors. EXCEPTIO REI JUDICAT/E. A Roman law term equivalent to a plea o
Fr. An exception, or plea. Britt. c. 48.
Lat. Saving the royal dignity. 1 Bl, Com. 205. 67 EXCfiPTlO. Lat. [from empere, to eicept or take out.] In the Roman law. An exception. In a general sense, — a judicial allegation
I. Saving the royal dignity.
An exceptor; a party entering an exception to any proceeding;.
For purposes of this chapter, the term “excepted benefits” means benefits under one or more (or any combination thereof) of the following: / For purposes of this chapter, the term
The term “excepted consolidation loan” means— (i) a consolidation loan under section 1078–3 of this title , or a Federal Direct Consolidation Loan, if the proceeds of such loan wer
the term "excepted employee" means an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management or the a
The term "Excepted Investment Fund" means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).1
For the purposes of this paragraph, the term “excepted loan” means a loan with an outstanding balance that is— (I) a Federal Direct PLUS Loan that is made on behalf of a dependent
The term “excepted medical treatment” means medical care or treatment (including medical and other health services)— (i) received involuntarily, (ii) required under Federal or Stat
The term “excepted payment or benefit” means— (I) a payment or benefit under subtitle E of title I of the Agricultural Act of 2014 (7 U.S.C. 9081 et seq.); (II) a payment or benefi
The term “excepted PLUS loan” means a loan under section 1078–2 of this title , or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of a dependent student
For purposes of this subparagraph, the term “excepted portion” means that portion of the amount collected on behalf of a family during a month that does not exceed $100 per month,
The term “excepted service” has the meaning given that term in section 2103 of title 5 . / The term “excepted service” has the meaning given that term in section 2103 of title 5 .
In the civil poralds,” (temporary;) one which defeated the action for a time, (que ad tempus nocet,) and created delay, (et temports dilationem tribuit;) such as an agreement not t
In Roman Law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiff's action. Calv. Lex., citing Hotoman. A stop or stay to an action oppo
A plea in abatement.
A plea interposed for delay.
A plea of fraud.
An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract, fol. lOOb.
A claim of ownership set up in an action for the recovery of property not in the possession of the plaintiff. Mackeld. Rom. Law, § 299.
A defense to an action for the restitution of a dowry that it was never paid, though promised, available upon the dissolution of the marriage within a limited time. Mackeld. Rom. L
A plea of the same matter of. which a dissolution is sought, is a nullity.
A false plea is the basest of all things. EXCEPTIO FIRMAT REGULAM IN CASIbus non exceptis. The exception affirms the rule in cases not excepted. Bac. Aph. 17. EXCEPTIO FIRMAT REGUL
An exception confirms the rule in cases not excepted.
An exception confirms the rule in contrary matters.
An exception on the fact. An exception or plea founded on the peculiar circumstances of the case. Inst. 4, 13, 1.
A. plea or defense of a personal nature, which may be alleged only by the person himself to whom it is granted by the law. Mackeld. Rom. Law, § 217.
A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, in
An exception of oath; an exception or plea that the matter had been sworn to. Inst. 4, 13, 4. This kind of exception was allowed where a debtor, at the instance of his creditor, (c
A plea that the defendant had, at the plaintiff's instance, sworn that he owed him nothing.
Lat. [L. Fr. excepcto».] In the early common law. The defendant's answer to the plaintiff 's declaration, (narratio, or intentio;) the first pleading in an action on the part of th
Lat. In old practice. An exception taken by a party at the tnal of a cause. Stat. Westm. 2, c. 31.
Lat. In old conveyancing. An exception in a deed, release, &c. Exceptio semper ultima ponenda est. An exception should always be put last. 9 Co. 63.
A plea of fear or duress.
- exceptiondefined inCase LawBallentine's (1916)Black's (1910)Anderson (1889)Burrill (1850)Bouvier (1839)
the fact that he made the point at the trial, and the court decided it against him, is not sufficient to bring the question before this court. He must show that he excepted to the
In equity practice. A formal written statement of objections to a pleading, or master's report. The usual grounds of exception to a pleading are scandal, impertinence and insuffici
In conveyancing. A clause in a deed whereby the grantor, lessor, <&c,, excepts something out of that which he has before granted, (as ground out of a manor, a room out of a house,
it may properly' be said that the citizen owes allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either, where the same act is a transg
the rule is not so inflexible that it may not yield to exceptional circumstances where the need for the remedy afforded by the writ of habeas corpus is apparent. Among these except
The term “exceptional event” means an event that— (i) affects air quality; (ii) is not reasonably controllable or preventable; (iii) is an event caused by human activity that is un
The term “exceptional resource” means a resource of scientific, natural, historic, cultural, recreational access and use, or other recreational value that has been documented by a
whatever is within the exception, is excluded from the grant; according to the maxim laid down in Co. Litt. 47 a, si quis rem dat et partem retinet, illa pars quam retinet semper c
An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plnintiff is not entitled to sue because he has not performed his own
A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an acquittance or receipt given by the person to whom the payment is st
In practice. An exception taken by the counsel of a party, on the trial of a cause, to a decision made by the judge in the course of the trial, or to an opinion expressed or direct
Where the appellant, having seasonably procured the allowance of the appeal, is prevented from obtaining the transcript by the fraud of the other party, or by the order of the cour
Exceptions to the primary grant of jurisdiction in the section are to be strictly construed
a parent is not available or when the need for the abortion constitutes " 'an emergency requiring immediate action.' " 10 "Id.", at 750, 360 N.E.2d, at 294.
An objection to the special bail put in by the defendant to an action at law made by the plaintiff, on EXCEPTIS EXCIPIENDIS (Lat.) With all necessary exceptions.
An objection to the special bail put in by the defendant to an action at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255.
All that is necessary is, that the exception should distinctly point out the finding and conclusion of the master which it seeks to reverse. Having done so, it brings up for examin
The rule is well settled, that to avoid the statute, a party must show himself to be within its exception.
There is no plea against an action which destroys the plea.
There is [can be] no plea against an action which destroys [the matter of] the pica. Jenk. Cent. 106, case 2.
A plea of a covenant not to sue.
An exception or plea of money not paid ; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.
A plea of nonpayment of the money to the defendant.
A peremptory plea.
The exception proves the rule. See 101 Me. 581, 8 L. R. A. (N. S.) 104, 64 Atl. 1048.
The exception proves the rule in matters not excepted. See 177 Pa. 412, 34 L. R. A. 172, 35 Atl. 693.
EXponit legem. An exception which confirms the law expounds the law. 2 Bulst. 189. EXCEPTIO QUOQUE REGULAM DECLArat. The exception also declares the rule. Bac. Aph. 17. EXCEPTIO RE
An exception which confirms the law expounds the law.
An exception which confirms the law explains the law. 2 Bulst. 189.
An exception also declares the rule.
A plea of res adjudicata.
Lat. In the civil law. An exception or plea of matter adjudged; a plea that the subject matter of the action had been determined in a previous action. Inst. 4. 13. 5. This term is
An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopted by Bracton, and
A plea that the thing was sold and delivered.
An exception should always be put last. 9 Coke, 53.
An exception should always be placed last.
A defense to an action for the recovery of money loaned, on the ground that the loan was made to a minor or person under the paternal power of another; so named from the decree of
A defense to an action on a contract of suretyship, on the ground that the surety was a woman and therefore incapable of becoming bound for another ; so named from the decree of th
A plea that the action has expired by lapse of time.
I Excepting, — one of the apt words for denoting an exception in a deed. Exceptis pras-exceptis: excepting what was before excepted; except as above excepted.
Lat With all necessary exceptions.
In old English law. A party who entered an exception or plea.
Extracts.
Of certain knowledge.
- excessdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
the amount by which, in any year, the taxpayer's "net long-term capital gain exceeds the net short-term capital loss." The Government takes the straightforward position that "exces
For purposes of this section, the term “excess aggregate contribution” has the meaning given to such term by section 401(m)(6)(B). For purposes of determining excess aggregate cont
For purposes of subparagraph (A), the term “excess aggregate contributions” means, with respect to any plan year, the excess of— (i) the aggregate amount of the matching contributi
For purposes of this subsection, the term “excess alimony payments” mean the sum of— (A) the excess payments for the 1st post-separation year, and (B) the excess payments for the 2