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ex equitate (eks ek-wa-tay-tee). [Latin]. According to equitable rules.

ex eventu (eks i-ven-t[y]oo). [Latin]. After the event; following the occurrence.

ex figura verborum (eks fi-gyuur-a var-bor-am). [Law Latin]. By the form of the words used. A defective deed could not be fixed merely by calling it something else.

ex gratia (eks gray-shee-a or grah-tee-a). [Latin "by favor"]. As a favor; not legally necessary. - Also termed a gratia.

ex gravi querela (eks gray-vi kwa-ree-la). [Latin "from or on the grievous complaint"]. A writ that lay for a person to whom any lands or tenements in fee were devised by will (within any city, town, or borough in which lands were devisable by custom), against an heir of the devisor who entered and detained them from the devisee. The writ was abolished by the Real Property Limitation Act (1833). St. 3 & 4 Will. 4, ch. 27, § 36.

ex hypothesi (eks hi-poth-a-si). [Latin], Hypothetically; by hypothesis; on the assumption <conviction for a felony is ex hypothesi impossible in the case of suicide>.

ex incommodo (eks in-kom-a-doh). [Latin). On account ofinconvenience. An argument based solely on inconvenience was usu. rejected.

ex incontinenti (eks in-kon-ta-nen-ti). [Latin]. Without delay; in a summary manner.

ex industria (eks in-das-tree-a). [Latin]. With contrivance or deliberation; designedly; on purpose.

ex ingenio (eks in-jeu-ee-oh). [Latin]. According to the judgment of anyone.

ex instrumentis de novo repertis (eks in-stra-men-tis dee noh-voh rep-ar-tis). [Law Latin). On account of documents newly or recently found. The phrase appeared in reference to a basis for altering a decree. See INSTRUMENTA NOVITER REPERTA.

ex integro (eks in-ta-groh). [Latin], Anew; afresh.

ex intervallo (eks in-tar-val-oh). [Latin]. At some interval.

ex jure (eks juur-ee). [Latin]. Of or by legal right.

ex jure naturae (eks joor-ee na-t[y]oor-ee). [Latin]. According to the law of nature.

ex jure representationis (eks joor-ee rep-ri-zen-tay-sheeoh-nis). [Law Latin]. According to the law of representation.

ex justa causa (eks jas-ta kaw-za). [Latin]. From a just or lawful cause; by a just or legal title.

ex justitia (eks j as-tish-ee-a). [Latin]. From justice; as a matter of justice.

ex legal municipal bond A municipal bond that does not have the legal opinion of a bond-law firm printed on it. Cf. municipal bond.

ex legal municipal bond- See BOND (3).

ex lege (eks lee-jee or lay-gay). [Latin] By virtue oflaw; as a matter of law <property forfeited ex lege>. "Antecedent rights 'in personam' ... either arise or do not arise out of a contract .... In the latter case, since they arise from facts of various kinds to which it pleases the Law to affix similar results, we shall describe them as rights ·ex lege'; and it will be convenient to consider the rights which arise thus variously before treating of those which arise solely from contract .... The rights which we describe as arising 'ex lege' were described by the Roman lawyers as arising 'quasi ex contractu,' and more simply, 'ex variis causarum figuris.'" Thomas E. Holland, The Elements of Jurisprudence 246-47 (l3th ed. 1924).

ex legibus (eks lee-ja-bas). [Latin "according to the laws"]. To be interpreted according to both the letter and the spirit of the law.

ex licentia regis (eks li-sen-shee-a ree-jis). [Latin]. By the king's license.

ex locato (eks loh-kay-toh). [Latin]. Roman law. From lease; out of letting. This term referred to an action or right of action arising out of a contract of hiring, bailment for reward, or employment. See actio loeati under ACTIO.

ex maleficio (eks mal-a-fish-ee-oh), adv. [Latin]. By malfeasance.

ex maleficio- adj. [Latin]. Tortious.

ex malitia (eks ma-lish-ee-a). [Latin]. From malice; maliciously. In the law of defamation, the term refers to a publication that is false and without legal excuse.

ex malo regimine (eks mal-Ioh ri-jim-a-nee). [Latin]. From bad treatment.

ex mandato (eks man-day-toh). [Latin]. According to the mandate; arising from a mandate .

ex mere motu (eks meer-oh moh-tyoo). [Latin "on his mere motion"]. Voluntarily; without suggestion or influence from another person. The phrase was formerly sometimes used in reference to a court, as an equivalent of sua sponte or on its own motion. See SUA SPONTE.

ex metu carceris (eks mee-t[y]oo kahr-sar-is). [Latin]. From fear of imprisonment.

ex mora (eks mor-a). [Latin]. Civil law. From or in consequence of delay.o Interest is allowed ex mora - that is, if there has been delay in repaying borrowed money.

ex mora debitoris (eks mor-a deb-i-tor-is). [Latin]. On account of the debtor's delay .o The phrase appeared in reference to a basis for charging interest on a debt.

ex more (eks mor-ee). [Latin]. According to custom.

ex mutuo (eks myoo-choo-oh). [Latin]. From or out of loan. In old English law, a debt was said to arise ex mutuo when one lent another anything that consisted in number, weight, or measure.

ex natura (eks na-t[y]oor-a). [Latin]. Naturally; according to nature.

ex natura rei (eks na-t[y]oor-a ree-i). [Latin]. According to the nature of the thing (or transaction).

ex naturafeudi (eks na-t[y]oor-a fyoo-di). [Law Latin]. According to the nature of the feudal right.

ex naturali jure (eks nach-a-ray-h joor-ee), adv. [Latin]. By or according to natural law <ex naturali jure some time may be needed after a declaration of war before the war begins>. See NATURAL LAW.

ex necessitate (eks na-ses-i-tay-tee). [Latin]. Of or from necessity.

ex necessitate legis (eks na-ses-i-tay-tee lee-jis). From or by necessity of law.

ex necessitate rei (eks na-ses-i-tay-tee ree-i). From the necessity or urgency of the thing or case.

ex nihilo (eks ni-hi-loh). [Latin]. From nothing.

ex nobili officio (eks nob-i-li a-fish-ee-oh). [Latin "by virtue of its noble office"]. Scots law. (Of a judicial act) done as a matter of equity. See NOBILl OFFICIO.

ex officio (eks a-fish-ee-oh), adv. & adj. [Latin], By virtue or because of an office; bv virtue of the authority implied by office. The term is often misused as a synonym for "nonvoting." Some meetings mistakenly label their regularly invited guests as "ex officio members" when in fact they are not members at all; others mistakenly refer to the nonvoting members as "ex officio members" even though some nonvoting members are present only in an individual capacity and not by virtue of office, or even though some voting members also serve ex officio. But an ex officio member is a voting member unless the applicable governing document provides otherwise. "Frequently boards include ex-officio members - that is, persons who are members of the board by virtue of an office or committee chairmanship held in the society, or in the parent state or national society or federation or some allied group; or - sometimes in boards outside of organized societies - by virtue of a public office. In the executive board of a society, if the ex-officio member of the board is under the authority of the society (that is, if he is a member, officer, or employee of the society), there is no distinction between him and the other board members. If the ex-officio member is not under the authority of the society, he has all the privileges of board membership, including the right to make motions and to vote, but none of the obligations - just as in a case, for example, where the governor of a state is ex officio a trustee of a private academy." Henry M. Robert, Robert's Rules of Order Newly Revised § 49, at 466 (lOth ed. 2000).

ex officio information A criminal information filed by the attorney general ex officio on behalf of the Crown, in the Court of King's Bench, for offenses more immediately affecting the government, as distinguished from informations in which the Crown is the nominal prosecutor.

ex officio justice A judge who serves on a commission or board only because the law requires the presence of a judge rather than because the judge was selected for the position.

ex officio service (eks a-fish-ee-oh). A service that the law imposes on an official by virtue of the office held, such as that of a local justice of the peace to perform marriage ceremonies.

ex paritate rationis (eks par-a-tay-tee ray-shee-oh-nis or rash-ee-). [Law Latin]. By a parity of reasoning.

ex parte (eks pahr-tee), adv. [Latin "from the part"]. On or from one party only, usu. without notice to or argument from the adverse party <the judge conducted the hearing ex parte>.

ex parte- Done or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested; of or relating to court action taken by one party without notice to the other, usu for temporary or emergency relief <an ex parte hearing> <an ex parte injunction>. Despite the traditional one-sidedness of ex parte matters, some courts now require notice to the opposition before what they call an "ex parte hearing." Sometimes spelled exparte. - ex parte, adv.

ex parte application See ex parte motion under MOTION (1).

ex parte communication A communication between counsel and the court when opposing counsel is not present. Such communications are ordinarily prohibited.

ex parte communication- See COMMUNICATION.

ex parte divorce (eks pahr-tee). A divorce proceeding in which only one spouse participates or appears in court.

ex parte divorce- See DIVORCE.

ex parte hearing See ex parte proceeding under PROCEEDING.

ex parte injunction A preliminary injunction issued after the court has heard from only the moving party. - Also termed temporary restraining order.

ex parte injunction See INJUNCTION.

ex parte materna (eks pahr-tee ma-tar-na). [Latin] On the mother's side; of the maternal line.

ex parte motion See MOTION (1).

ex parte order See ORDER (2).

ex parte order (eks pahr-tee). An order made by the court upon the application of one party to an action without notice to the other.

ex parte paterna (eks pahr-tee pa,tar-na). [Latin]. On the father's side; of the paternal line.

ex parte proceeding See PROCEEDING.

ex parte proceeding (eks pahr-tee). A proceeding in which not all parties are present or given the opportunity to be heard. Also termed ex parte hearing.

ex parte quayle action See QUAYLE ACTION.

ex parte reexamination See REEXAMINATION.

ex parte reexamination A reexamination procedure, created in the early 1980s, that allows a challenger to initiate a review by producing prior art and responding to a patentee s statements regarding the new prior art, but that excludes the challenger from further participation in the examination process. Ex parte reexamination does not employ discovery mechanisms and witnesses are not examined. The challenger also has no right to participate in an appeaL See 35 USCA §§ 302-07. Cf. inter partes reexamination.

ex pietate (eks pi-a-tay-tee). [Latin]. From natural affection and duty.

ex post adj. [Latin "from after"]. Based on knowledge and fact; viewed after the fact, in hindsight; objective; retrospective. Cf. EX ANTE.

ex post facto (eks pohst fak-toh), adj. Done or made after the fact; having retroactive force or effect.

ex post facto- adv. [Latin" from a thing done afterward"]. After the fact; retroactively.

ex post facto clause One of two clauses in the U.S. Constitution forbidding the enactment of ex post facto laws. U.S. Const. art. I, § 9, cl. 3; art. I, § 10, cl. 1.

ex post facto law A law that impermissibly applies retroactively, esp. in a way that negatively affects a person's rights, as by criminalizing an action that was legal when it was committed. - Ex post facto criminal laws are prohibited by the U.S. Constitution. But retrospective civil laws may be allowed. See RETROACTIVE LAW.

ex proposito (eks proh-poz-a-toh). [Latin]. Intentionally; by design.

ex proprio motu (eks proh-pree-oh moh-tyoo). [Latin] Of one's own accord.

ex proprio vigore (eks proh-pree-oh vi-gor-ee). [Latin]. By their or its own force.

ex provisione hominis (eks pra-vizh-ee-oh-nee hom-a-nis). [Latin] By the provision of man; by the limitation of the party, as distinguished from the disposition of the law.

ex provisione mariti (eks pra-vizh-ee-oh-nee ma-ri or mar-a-ti). [Latin], From the provision of the husband.

ex quasi contractu (eks kway-zi kan-trak-t[y]oo). [Latin]. From quasi-contract.

ex re nata (eks ree nay-ti). [Latin]. According to a case that has arisen.

ex rei abbr. [Latin ex relatione "by or on the relation of"]. On the relation or information of. A suit ex rei. is typically brought by the government upon the appHcation of a private party (called a relator) who is interested in the matter. See RELATOR (1).

ex rights adv. Without rights. Shares are traded ex rights when the value of the subscription privilege has been deducted, giving the purchaser no right to buy shares of a new stock issue. - Abbr. X; XR. - Also termed rights off.

ex rigore juris (eks ri-gor-ee joor-is). [Latin]. According to the rigor or strictness of the law; in strictness of law.

ex scriptis olim visis (eks skrip-tis oh-bm vi-zis or -sis). [Latin "from writings formerly seen"]. A method of handwriting proof available when a witness has seen other documents purporting to be in the party's handwriting and either has had further correspondence with the party about the documents' subject matter or has had some other type of communication with the party that would lead to a reasonable presumption that the documents were in the party's handwriting.

ex ship Of or referring to a shipment ofgoods for which the liability or risk of loss passes to the buyer once the goods leave the ship.

ex solemnitate (eks sa-Iem-ni-tay-tee). [Latin]. On account of its being required as a solemnity. Cf. DE SOLEMNITATE.

ex statuto (eks sta-tyoo-toh). [Latin]. According to the statute.

ex stipulatu actio (eks stip-ya-Iay-t[y]oo ak-shee-oh). [Latin]. Roman & civi/law. An action on a stipulation; an action given to recover marriage portions.

ex sua natura (eks s[y]oo-a na-t[y]oor-a). [Latin]. In its own nature (or character).

ex tempore (eks tem-pa-ree), adv. [Latin "out of time"]. 1. By lapse of time. 2. Without any preparation; extemporaneously.

ex testamento (eks tes-ta-men-toh), adv. [Latin]. By, from, or under a will or testament <succession ex testamento is the mode ofdevolution that the property of deceased persons ought primarily to follow>. Cf. AB INTESTATO.

ex turpi causa (eks tar-pi kaw-za). [Latin] From an immoral consideration. This phrase, a shortened form of the maxim ex turpi causa non oritur actio ("from an immoral consideration an action does not arise"), expresses the principle that a party does not have a right to enforce performance of an agreement founded on a consideration that is contrary to the public interest. 'The doctrine ex turpi causa has made its way into the law as an extension of a moral principle. If it is misused, the principle suffers. Moreover, its misuse is a symptom of a disease of thought that debilitates the law and morals. This is the failure to recognize that there is a fundamental differ, ence between the law that expresses a moral principle and the law that is only a social regulation. If only in the growth of English law that distinction had been maintained, much of the arbitrariness and the absurdities in the cases I have cited would have been avoided. There is a dictum of Lord Wright's which may some day be used as a foundation for a change of heart. Speaking of the maxim ex turpi causa, he said: 'In these days there are many statutory offences which are the subject of the criminal law and in that sense are crimes, but which would, it seems, afford no moral justification for a court to apply the maxim'. Beresford v. Royal Insurance (1937),2 KB. at 220." Patrick Devlin, The Enforcement of Morals 60 (1968).

ex una parte (eks [y]oo-na pahr-tee). [Latin]. Of one part or side; on one side.

ex utr;usque parentibus conjuncti (eks yoo-tree-as-kwee pa-ren-ti-bas km-jangk-ti). [Latin] Related on the side of both parents; of the whole blood.

ex utraque parte (eks yoo-tray-kwee pahr-tee). [Latin]. On both sides.

ex vi aut metu (eks vi awt mee-t[y]oo). [Latin]. On the ground of force or fear. The phrase appeared in reference to a basis for rescinding a transaction.

ex vi termini (eks vi tar-ma-ni). [Law Latin] From or by the force of the term; from the very meaning of the expression used.

ex visceribus verborum (eks vi-ser-a-bas var-bor-am). [Latin]. From the mere words (and nothing else); from the words themselves.