Law Dictionary

those characterized by the use or threat of the use of violence or other criminal means in enforcement.

The explanation or solution should arise out of the whole matter.

Outside of; out of; beyond.

In New York practice. A sum in addition to costs, which may, in the discretion of the court, be allowed to the successful party in cases of unusual difficulty. See Hascall v. King,

In English practice. Those charges which do not appear upon the face of the proceedings, such as witnesses' expenses, fees to counsel, attendances, court fees, etc., an affidavit o

The writs of mandamus, quo warrantoa, habeas carpus, and some others are sometimes called “extraordinary remedies,” in contradistinction to the ordinary remedy by action. EXTRAORDI

A part of a writing. In general, an extract is not evidence, because the whole of the writing may explain the part extracted, so as to give it a different sense; but sometimes extr

1. 1. In old English law. Extracts; estreats; profits arising from amercements. Extracta cnrise: the issues or profits of holding a court, arising from the customary dues, fees and

The issues or profits of holding a court, arising from the customary dues, fees, and amercements. Cowell. EXTRADITION (Lat. ex, from, traditie, handing over). The surrender by one

Lat. In old English law. Extracts; estreats. Stat, Westm. 2, 0. 8. See Estreat, Profits arising from amercements. Extracta curice; the issues or profits of holding a court, arising

The term “extraction of the ores or minerals from the ground” includes the extraction by mine owners or operators of ores or minerals from the waste or residue of prior mining. The

The terms “extradition” and “extradite” mean the extradition of a person in accordance with the provisions of chapter 209 of title 18 (including section 3181(b) of such title) and

the surrender by one nation to another .

the proceeding before the commissioner is not to be regarded as in the nature of a final trial by which the prisoner could be convicted or acquitted of the crime charged against hi

A treaty providing for the extradition between the countries of persons charged with specified offenses.

If a warrant of arrest is issued after such determination, the warrant will be regarded as making a prima facie case in favor of the demanding state, and as requiring the removal o

Not forming a part of a woman's dowry.

In Louisiana this term designates that property which forms no part of the dowry of a woman, and which is also called paraphernal pi;y. Civ. Code, a:-;. -

In Louisiiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called "paraphernal property." Civ. Code La. art. 2315.

The term is obviously a relative one; and it cannot be determined that the enlisted man was performing extra duty without a complete understanding of the scope of the duties which

Lat. The same with forisfamiliatits, (q.v.) Spelman.

Out of the fee.

the combination is in reality an extra-governmental agency, which prescribes rules for the regulation and restraint of interstate commerce, and provides extra-judicial tribunals fo

In the law of insurance. Characterized or attended by circumstances or conditions of special and unusual danger. Reynolds v. Insurance Co., 47 N. Y. 597; Russell v. Insurance Co.,

1. 1. In old English law. To estreat Extraxit: estreated.

In old English law. An estray. Spelman.

That which does not belong to the judge or his jurisdiction, absolutely void. See "Coram non Judice;" Merlin, Repert. "Exces de Pouvoir."

One made by the party out of court, or to any person, official or otherwise, when made not in the course of a judicial examination or investigation. State v. Alexander; 109 La. 557

the terms “torture” and “extrajudicial killing” have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 ( 28 U.S.C. 1350 note).

One taken not in the course of judicial proceedings, or taken without any authority of law, though taken formally bsfore a proper person. State v. Scatena, 84 Minn. 281, 87 N. W. 7

Though, generally, both public and private wrongs are redressed through judicial action, there are more summary extra-judicial remedies for both. An instance of extra-judicial redr

Extrajudicial; out of the proper cause. Judgments rendered or acts dope by a court which has no jurisdiction of the subject, or where it has no jurisdiction, are said to be "extraj

Out of court.

Beyond the law.

In mining law. The right of the owner of a mining claim duly located on the public domain to follow, and mine, any vein or lode the apex of which lies within the boundaries of his

Out of the law; out of the protection of the law, Co. Litt, 130. Outlaws (utlagati) are said to be extra legem positi, put out of the law. Fleta, lib. 1, c. 28, § 14, EXTRA LEGEM P

One who is placed outside the law (outlawed) is civillj dead.

The term “extra long staple cotton” means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra l

the term “extramural budget” means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Governmen

The term “extramural institutions” means participants in an activity established under section 4142 of this title , public sector organizations, and nonprofit credentialing organiz

With reference to a contract, deed, will, or any writing, extraneous evidence is such as is not furnished by the document itself, but is derived from outside sources; the same as e

A stranger; a foreigner.

e., potestatem regisnatus est. A foreigner is a subject born outside the land; that is, outside the power of the king.

Lat. Across. Ex transversa via; across the way. Towns. Pl. 31. See A latere. Ex turpi causa non oritur actio. An action does [can] not arise out of a base [illegal, or immoral] con

most unusual," "far from common," and "having little or no precedent," Webster's Third New International Dictionary 807, while "compelling" means "tending to convince or convert by

most unusual," "far from common," or "having little or no precedent." Webster's Third New Inter- national Dictionary 807 (1976); see 5 Oxford English Dic- tionary 614 (2d ed. 1989)

The term “extraordinary ability” means, for purposes of subsection (a)(15)(O)(i), in the case of the arts, distinction.

A contribution by all the parlies concerned in a mercantile voyage, either as to the vessel or cargo, toward a loss sustained by some of the parties in interest for the banefit of

The utmost possible diligence. It is that required of common carriers of passengers, and in a few other relations, and has been defined to be the doing of all that is possible to h

For purposes of this subsection, the term “extraordinary circumstances” means circumstances in which— (i) suspension of an investigation will be more beneficial to the domestic ind

“extraordinary cost in connection with a relocation” means any cost incurred by the owner of a utility facility in connection with relocation of such facility which is determined b

That extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their own property or rights. Civ. Co.de Ga. 1895, § 2

The term “extraordinary dividend” means any dividend with respect to a share of stock if the amount of such dividend equals or exceeds the threshold percentage of the taxpayer's ad

The term extraordinary is there used to distinguish an unusual risk which the vessel might be compelled to run by order of the government, from those risks which would be covered b

The term “extraordinary nuclear occurrence” means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinemen

The term “extraordinary operation and maintenance work” means major, nonrecurring maintenance to Reclamation-owned or operated facilities, or facility components, that is— (A) inte

synonymous with greatest care, utmost care, highest degree of care. Rnilroad Co., v. Baddeley, 54 111. 24, 5 Am. Rep. 71; Railway Co. v. Causler, 97 Ala. 235, 12 South. 489. See Ca

The writs of mandamus, habeas corpus, quo warranto, and other special writs, not ancillary to an ordinary action, are sometimes so called. EXTRAPAROCHIAL (Lat.) Out of a parish; no

See Extraordinary.

The traditional use of such writs both at common law and in the federal courts has been, in appropriate cases, to confine inferior courts to the exercise of their prescribed jurisd

Out of a pariah ; not within the bounds or limits of any parish. 1 Bl. Comm. 113, 284.

Outside of any parish.

Out of the presence of the husband.

Beyond the four seas; out of the kingdom of England. 1 Bl. Comm. 457,

Beyond the four seas.

Out of the kingdom.

When used with reference to officers it should be construed to embrace all services rendered by such for which no compensation is given by law. Board of Com'rs of Miami Co. v. Blak

Outside of the boundaries of the state or country.

A decree cannot operate beyond the state in which the jurisdiction is exercised. It is not in the power of one state to prescribe the mode by which real property shall be conveyed

For purposes of this section, the term “extraterritorial income” means the gross income of the taxpayer attributable to foreign trading gross receipts (as defined in section 942) o

That quality of laws which makes them operate beyond the territory of the power enacting them, upon certain persons or certain rights. See Wheaton, Int. Law (6th Ed.) 121 et seq.

The extra-territorial operation of laws; that is, their operation upon persons, rights or jural relations, existing beyond the limits of the enacting state, but still amenable to i

the due process principle that a state is without power to exercise 'extra territorial jurisdiction,' that is, to regulate and control activites wholly beyond its boundaries.

Acts done outside a jurisdiction, but intended to produce and producing detrimental effects within it, justify a state in punishing the cause of the harm as if he had been present

Insolvent laws of one State cannot discharge the contracts of citizens of other States, because they have no extra-territorial operation, and consequently the tribunal sitting unde

Outside territory (of a state or county). 2 Kent, Comm. 407. EXTRA TERRITORIUM JUS DICENTI non paretur Impune. One who exercises jurisdiction out of his territory cannot be obeyed

One who exerclaes jurisdiction out of his territory is not obeyed with impunity. Dig. 2, 1, 20; Branch, Print.; 10 Coke, 77. He who exercises judicial authority beyond his proper l

One may not with impunity obey one who lays down the law outside of his jurisdiction.

See Impeovidbnt; Spendtheipt.

In canon law. The name given to the constitutions of the popes posterior to the Clementines. They are thus called, quasi vagantes extra corpus juris, to express that they were out

Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a n

Beyond powers. See "Ultra Vires."

In the law of divorce. The infliction of grievous bodily harm or grievous mental suffering. Civ. Code Cal. 1903, § 94. Either personal violence or the reasonable apprehension there

To constitute extreme hazard, the situation of a vessel must be such that there is imminent danger of her being lost, notwithstanding all the means that can be applied to get her o

The term “extremely hazardous substance” means a substance on the list described in section 11002(a)(2) of this title .

The term “extremely low-income” means— (A) in the case of owner-occupied units, income not in excess of 30 percent of the area median income; and (B) in the case of rental units, i

The term “extremely low-income renter household” means a household whose income is not in excess of 30 percent of the area median income, with adjustments for smaller and larger fa

The term “extreme weather” means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weathe

See In extremis .

PRAESUMUNtur media. Extremes being proved, intermediate things are presumed. Tray. Lat. Max. 207. ' EXTUMAE (Law Lat.) In old records. Eeliques. Cowell. EXUERE PATRIAM (Lat). To th

I. The extremes proved, the things between are presumed. In extremis: at the last extremity.

When the extremes are proved, those things which are between them are presumed.

Outside; from outside.

Proof not contained in the document itself, offered to explain or modify its contents.

That the court may put itself in the place of the testator, by looking into the state of his property, and the circumstances by which he was surrounded when he made the will, is no

Thence.

No action arises out of an immoral consideration. Selw. N. P. 63; 2 Pet. (U. S.) 539. EX UNA PARTE (Lat.) Of one part or side; on one side.

From an evil contract no action arises. See 44 Minn. 318, 20 Am. St. Rep. 580, 9 L. R. A. 506, 46 N. W. 558.

To renounce allegiance to one’s country.

To overcome; to apprehend or take. Leg. Edm. c. 2.