Law Dictionary

From abundance of caution.

The use of a thing cannot be argued from its abuse.

the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to

A wrong done by an officer, or one in pretended authority, by taking a reward or fee for that which the law does not allow, — when he wrests a fee or reward where none is due.' " E

A willful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than the law allows. Between "extortion" and "exaction" there i

the state urges modification of an existing constitutional right or accompanying remedy.

In old English and civil law. A collector. Exactor regis, collector for the king. A collector of taxes or revenue. Vicat; Spelman. The term "exaction" early came to mean the wrong

The king's exactor, who collected the taxes and other moneys due to the treasury. In the counties, this office was performed by the sheriff; in the seaports and cities by the publi

Exidoniare. L. Lat. In old European law. To manumit, or make free. Spelman. L. Alaman. tit. 18, § 6, cited ibid.

On the other side.

In equity.

In equity and good conscience. See 45 Or. 531, 68 L. R. A. 469, 80 Pac. 899.

To raise; to lift.

Of the other part.

A trial.

Examination.—The term "examination" means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies. / The term “examination” means an

A provisional examination of a witness ; an examination of a witness whose testimony is important and might otherwise be lost, held out of court and before the trial, with the prov

A party’s first examination of his own witness.

The term “examination notice date” means the date the notice with respect to a church tax examination is provided under subsection (b) to the church.

This phrase does not mean the examination of the account to ascertain the result or effect of it, but the proof by testimony of the correctness of the items composing it. Magown v.

This is the interrogation of a bankrupt, in the course of proceedings in bankruptcy, touching the state of his property. This is authorized in the United States by Rev. St. § 5086

An inquiry made at the patent-office, upon application for a patent, into the novelty and utility of the alleged invention, and as to its interfering with any other patented invent

An investigation made by or for a person who intends to purchase real estate, in the offices where the public records are kept, to ascertain the history and present condition of th

See Private Examination, infra.

When a person claims to be entitled to an estate or other property sequestered, whether by mortgage, judgment, lease, or otherwise, or has a title paramount to the sequestration, h

A phrase applied to designate a paper which is a copy of a record, public book, or register, and which has been compared with the original. 1 Campb. 469.

Examiner.—The term "examiner" means any person— (A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a finan

An officer of the court of chancery, before whom witnesses are examined, and their testimony reduced to writing, for the purpose of being read on the hearing of the cause. Cowell.

An officer of the court before whom witnesses are examined, and their testimony reduced to writing.

Persons appointed by law to examine into any matter of fact, to determine the advisability of action by public authorities pursuant to law. Thus, in many states there are examiners

Officers who examine, upon oath, witnesses produced on either side, upon such interroga- The examiner is to administer an oath to the party, and then repeat the interrogatories, on

Examining agency.—The term "examining agency" means— (A) the Office; or (B) an agency to which the Director has delegated examining authority under section 1104(a)(2).

The term “examining authority” means, with respect to any member of SIPC (A) the self-regulatory organization which inspects or examines such member of SIPC, or (B) the Commission

According to equity; in equity. Fleta, lib. 3, c. 10, § 3.

A roll containing the illeviable fines and desperate debts, which was read yearly to the sheriff, iij the ancient way of delivering the sherifiE's accounts^ to see what might be go

The best interpretation is made out from what precedes and follows.

From the discretion of the judge.

The term "exascale computing" means computing through the use of a computing machine that performs near or above 10 to the 18th power operations per second.

With the consent of the court.

By or with the consent of the court.

With the father’s consent.

With his own consent.

From hearsay.

Of or from the goods.

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.

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