Law Dictionary

The term “excludable portion” means that portion (or all) of a payment made to any person under any program described in subsection (a) which— (A) is determined by the Secretary of

As used in this subsection, the term “exclude” includes the refusal to enter into or renew a participation agreement or the termination of such an agreement.

the term “excluded area” means one of the four areas specifically excluded from the recreation area, as generally depicted on the map referred to in section 460bbb–2(b) of this tit

The term “excluded business” means— (I) equipment leasing (as defined in paragraph (6)), and (II) any business involving the use, exploitation, sale, lease, or other disposition of

The term “excluded commodity” means— (i) an interest rate, exchange rate, currency, security, security index, credit risk or measure, debt or equity instrument, index or measure of

The term “excluded employee” means, with respect to any corporation, any individual— (i) who is a 1-percent owner (within the meaning of section 416(i)(1)(B)(ii)) at any time durin

It was the discrimination in the use of the cars on account of color, where slavery obtained, which was the subject of discussion at the time, and not the fact that the colored rac

the term “excluded material” means— (A) any dredged material discharged by the United States Army Corps of Engineers or discharged pursuant to a permit issued by the Secretary in a

or EXCLUSAGIUM. In old English law. A sluice to carry off water; the payment to the lord for the benefit of such a sluice. Cowell; Reg. Orig. 96. A place in a stream made narrow fo

Slusagium. L. Lat A sluice or sluisage. CowtlL 1 lion. AngL 398, 868» cited Md.

preventing someone from entering the United States who is actually outside of the United States or is treated as being so.

Since the evidence illegally seized was contraband the respondent was not entitled to have it returned to him. It being his property, for purposes of the exclusionary rule, he was

The exclusion of aliens is a fundamental act of sovereignty. The right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign

of resolving the dispute and that the dispute involve "fundamental" subject matter.

construction, when an act is to be done within a certain time, as ten days from a particular time, one day is to be included and the other excluded. Vide Hob. 139; Cowp. 714; Lofft

Wherever the District Courts of the United States have original cognizance of admiralty causes, by virtue of the act of 1789, that cognizance is exclusive, and no other court, stat

common law remedies are not appropriate nor competent to enforce a maritime lien by a proceeding in rem, and consequently that the jurisdiction conferred upon the District Courts,

The National Labor Relations Act makes it the duty of the employer to bargain collectively with the chosen representatives of his employees. The obligation being exclusive, it exac

even though a contract is found to be an exclusive-dealing arrangement, it does not violate the section unless the court believes it probable that performance of the contract will

The term "exclusive distributor" means the wholesale distributor that directly purchased the product from the manufacturer and is the sole distributor of that manufacture

“exclusive economic zone” means the exclusive economic zone as defined in the Magnuson-Stevens Act; and / The term “exclusive economic zone” means the zone established by Proclamat

Where the equity jurisdiction is exclusive and is not exercised in aid or support of a legal right, state statutes of limitations barring actions at law are inapplicable, and in th

We can hardly say, therefore, from the weight of authority, that an exclusive grant of a ferry franchise, without more, would prevent a legislature from granting the right to build

The exclusive right set up must be clearly expressed or necessarily inferred, and the court think, that neither the one nor the other is found in the grant of the plaintiff, nor in

a transfer of exclusive jurisdiction rests upon a grant by the state, it follows, in accordance with familiar principles applicable to grants, that the grant may be accepted or dec

the bankruptcy court has exclusive jurisdiction to deal with the property of the bankrupt estate. When this jurisdiction has attached, the court's possession cannot be affected by

where a court of competent jurisdiction has, through its officers, taken property into its possession, the property is thereby withdrawn from the jurisdiction of other courts. Havi

exclusive legislation' is consistent only with exclusive jurisdiction; where lands are purchased by the United States with the consent of the state Legislature for purposes named i

Exclusive legislative power is in essence complete sovereignty. That is, not only is the federal property immune from taxation because of the supremacy of the Federal Government bu

the presence of a single non-educational purpose, if substantial in nature, will destroy the exemption regardless of the number or importance of truly educational purposes

this section contains only penal sanctions for violation of its provisions; in the absence of a clear expression of congressional intent to the contrary, these sanctions should und

The term “exclusive processor” means any securities information processor or self-regulatory organization which, directly or indirectly, engages on an exclusive basis on behalf of

A grant of exclusive recognition to a minority union constitutes unlawful support in violation of that section, because the union so favored is given 'a marked advantage over any o

where there is a compensation statute that reasonably and fairly covers a particular group of workers, it presumably is the exclusive remedy to protect that group

“exclusive representative” means any labor organization which— (A) is certified as the exclusive representative of employees in an appropriate unit pursuant to section 7111 of this

where a statute creates a liability and provides a remedy by suit specially adapted to its enforcement, other less appropriate common-law remedies are impliedly excluded

The question of exclusive territorial jurisdiction is distinct. That question assumes the absence of any interference with the exercise of the functions of the Federal Government a

“exclusive-use easement” means an easement which affords to the easement holder the following: (A) the exclusive right to use, possess, and enjoy the surface estate of the land sub

L In the civil law. To excuse; to relieve or release from a duty or obligation, for sufficient cause shown. Excasat ant extenuat delictam in capitalibns, qnod non operatur idem in

I I. In old English law. An excuser; one who ofi Eered the excuse of another in court

I. In old English law. Rescue or rescous. In the civil law. A diligent prosecution of a remedy against a debtor; the exhausting of a remedy against a principal debtor.

I. In the civil law. To search thoroughly; to prosecute a remedy against one to the uttermost, especially against a principal debtor.

Under color of. EX COMITATE (Lat.) Out of comity or courtesy; by courtesy. 2 Kent, Comm. 457. EX COMMODATO (Lat. from or out of loan). A term applied in the old law of England to a

By courtesy; by comity.

Fr. [Lat.«a%ofnmtfiuca^ttf.] Ezcommunici^ted. Liit sect. 201* Co. LitL 133 b.

Excommunication.

From a loan.

To cut off from intercourse with members of the church by an ecclesiastical sentence.

In ecclesiastical law. An ecclesiastical sentence pronounced by a spiritual judge against a Christian man, by which he is excluded from the body of the church, and disabled to brin

See De excommunicato capiendo .

A writ to the sheriff for delivery of an excommunicated person out of prison, upon cortificate from the ordinary of his conformity to the ecclesiastical jurisdiction. Fitzh. Nat Br

Co. Litt. 133. Every legal act is forbidden an excommunicated person, so that he cannot act, nor sue any person, but he may be sued by others.1

Every legal act is forbidden one excommunicated, so that he cannot act, nor can he sue anyone, but he can be sued himself by others.

A writ commanding that persons excommunicated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authorit

By comparison of handwritings.

By grant.

From the things granted.

From consultation.

Forthwith.

See "Action."

From the least fault.

LETTERS OF. In Scotch law. A warrant granted at the suit of a prisoner for citing witnesses in his own defense.

exculpatory statements, however, may not differ from other admissions of incriminating facts. Given when the accused is under suspicion, they become questionable just as testimony

Out of court. EX DEBITO JUSTITIAE (Lat.) As a debt of justice; as a matter of legal right. 3 Bl. Comm. 48. EX DEFECTU SANGUINIS (Law Lat.) From failure of blood; for want of issue.

Admitting of excuse or palliation. As used in the law, this wordimplies that the act or omission spoken of is on its face unlawful, wrong or liable to entail loss or disadvantage o

One committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent. People v. O'Connor, 82 App. Div. 55, 81 N. Y

Homicide committed under circumstances which constitute, not a justification, but merely an excuse. It is of two sorts: (1) Per infortunium, or by misadventure, where a person unfo

In practice, and particularly with reference to the setting aside of a judgment taken against a party through his "excusable neglect," this means a failure to take the proper steps

A trespass which the law pardons.

That excuses or extenuates fault in capital cases which would not operate similarly in civil causes.

Excuse.

In English law. An excuser. In old German law. A defendant; he who utterly denies the plaintiff's claim. Du Cange.

He is excused for not resisting a claim if during the whole period of the litigation, he is beyond seas for some reason.

Co. Litt. 260. He is excused who does not bring his claim, if, during the whole period in which it ought to have baen brought, he has been beyond sea for any reason.

In a broad sense, a reason alleged for the doing or not doing a thing. In a stricter sense, it does not include justification, but implies that, though the act complained of was im

where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there he shall be excused.

To seize and detain by law. EXCUSSIO (Lat.) In civil law. Exhaust ing the principal debtor before proceeding against the surety. Discussion is used in the same sense in Scotch law.

The exhaustion of remedies against the principal before suing the surety.

Lat. In the civil, law. To search thoroughly; to prosecute a remedy against one to the uttermost, especially agamst a principal debtor; to search ad peram et sacculum, to the last

From damage without violation of a legal right no action arises. See 50 W. Va. 611, 88 Am. St. Rep. 895, 56 L. R. A. 804, 40 S. E. 591.

From or as a debt of justice ; In accordance with the requirement of justico; of right; as a matter of right The opposite of ex gratia, (q. v.) 3 Bl. Comm. 48, 67.

From a debt of justice; as of right.

From natural obligation.

From failure of right.

From failure of blood.

suit by the owner of a tow against her tug to recover for an injury to the tow caused by negligence on the part of the tug is a suit ex delicto and not ex contractu

Infamy arises from the crime, not from the punishment

Ex demissione.

On the demise of.

By the voice of the majority.

Directly.

OMnla praesumuntur solemniter esse acta. From length of time, all things are presumed to have been done in due form. Co. Litt. 6; 1 Greenl. Ev. § 20; Best, Ev. § 43. fr.aud or dece

From lapse of time, all things are presumed to have been duly performed.

A phrase vised by stock brokers, meaning that a sale of corporate stock does not carry with it the seller's right to receive his proportionate share of a dividend already declared

The term “ex-dividend date” means the date on which the share of stock becomes ex-dividend.

From evil intent.

The principle to be extracted from all the cases is, that the law will not lend its support to a claim founded upon its violation.

Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or lllegal act Cowp. 343; Bro

Co.. Litt. 86. From granis not containing military fees or grand serjeanty, a kind of general name is used by us, which is "socage."

From grants containing neither military fees nor grand serjeantry a name has sprung up with us, which is “socage.”