Law Dictionary
	Search:

excuse (ek-skyoos), 1. A reason that justifies an act or omission or that relieves a person of a duty. 2. Criminal law. A defense that arises because the defendant is not blameworthy for having acted in a way that would otherwise be criminal. The following defenses are the traditional excuses: duress, entrapment, infancy, insanity, and involuntary intoxication. Also termed legal excuse. Cf. JUSTIFICATION (2). - excuse (ek-skyooz), vb. - excusatory (ek-skyooz-tor-ee), adj.

excuse by failure of presupposed conditions See commercial impracticability under IMPRACTICABILITY.

excuss (ek-skas), vb. To seize and detain by law.

excussio (ek-ska-s[h]ee-oh), [Latin], Roman 1& civil law. A diligent prosecution of a remedy against a debtor; esp., the exhausting of a remedy against a principal debtor before resorting to a surety. Also termed excussion.

ex-date See EX-DIVIDEND DATE.

ex-dividend date The date on or after which the buyer of a security does not acquire the right to receive a recently declared dividend. - Also termed ex-date. Cf. DIVIDEND DATE.

exeat (ek-see-at), n. 1. Generally, permission to go outside (a place). 2. Permission that a bishop grants to a priest to go out of his diocese. Cf. NE EXEAT (1).

execute 1. To perform or complete (a contract or duty) <once the contract was fully executed, the parties owed no further contractual duties to each other>. 2. To change (as a legal interest) from one form to another <the shifting use was executed into a valid legal estate>. 3. To make (a legal document) valid by signing; to bring (a legal document) into its final, legally enforceable form <each party executed the contract without a signature witness>. 4. To put to death, esp. by legal sentence <Johnson was executed shortly after midnight>. 5. To enforce and collect on (a money judgment) <Williams asked the sheriff to execute on the judgment>.

executed adj. 1. (Of a document) that has been signed <an executed will>. 2. That has been done, given, or performed <executed consideration>. "[T]he term 'executed' is a slippery word. Its use is to be avoided except when accompanied by explanation .... A contract is frequently said to be executed when the document has been signed, or has been signed, sealed, and delivered. Further, by executed contract is frequently meant one that has been fully performed by both parties." William R. Anson, Principles of the Law of Contract 26 n.* (Arthur l. Corbin ed., 3d Am. ed. 1919).

executed remainder See vested remainder under REMAINDER.

executed consideration A consideration that has been wholly given; past consideration as opposed to present or future consideration.

executed consideration- See CONSIDERATION (1).

executed contract 1. A contract that has been fully performed by both parties. 2. A signed contract.

executed contract- See CONTRACT.

executed covenant A covenant that has been fully performed.

executed covenant- See COVENANT (1).

executed estate See REMAINDER (I).

executed estate- See REMAINDER (1).

executed fine See FINE (1).

executed fine- A fine made on acknowledgment of the right of the grantee to land given to him as a gift from the grantor.This was abolished in England in 1833. 3 & 4 Will. 4, ch. 74. 2. FINE FOR ALIENATION. 3. A fee paid by a tenant to the landlord at the commencement of the tenancy to reduce the rent payments, 4. Hist. A money payment from a tenant to the tenant's lord.

executed note See NOTE (1).

executed remainder See vested remainder.

executed trust See TRUST.

executed use See USE (4).

executio (ek-sa-kyoo-shee-oh), n. [Latin]. 1. The performance or completion of a thing; the act of following through on a commitment. 2. The doing of something thoroughly. 3. Management or administration. 4. Hist. Execution; the final process in an action.

executio bonorum (ba-nor-am). [Latin]. The management or administration of goods.

execution 1. The act of carrying out or putting into effect (as a court order or a securities transaction) <execution of the court's decree> <execution of the stop-loss order>. 2. Validation of a written instrument, such as a contract or will, by fulfilling the necessary legal requirements <delivery of the goods completed the contract's execution>. 3. Judicial enforcement of a money judgment, usu. by seizing and selling the judgment debtor's property <even if the plaintiff receives a judgment against the foreign debtor, execution is unlikely>. - Also termed (in Scots law) diligence. 4. A court order directing a sheriff or other officer to enforce a judgment, usu. by seizing and selling the judgment debtor's property <the court issued the execution authorizing seizure of the car>. - Also termed writ of execution; judgment execution; general execution. "A writ of execution is an authorization to an executive officer, issued from a court in which a final judgment has been rendered, for the purpose of carrying such judgment into force and effect. It is founded upon the judgment, must generally be conformed to it in every respect, and the plaintiff is always entitled to it to obtain a satisfaction of his claim, unless his right has been suspended by proceedings in the nature of an appeal or by his own agreement." BenjaminJ. Shipman, Handbook of Common-Law Pleading § 26, at 50 (Henry Winthrop Ballantine ed., 3d ed. 1923).

execution clause The part of a deed containing the date, seal (if required), and signatures of the grantor, grantor's spouse, and witnesses.

execution creditor A judgment creditor who has caused an execution to issue on the judgment.

execution creditor- See CREDITOR.

execution paree (eg-zay-koo-syawn pa-ray). [French]. French law. A right founded on an act approved and verified before a notary, by which a creditor may immediately without citation or summons seize and cause to be sold the debtor's property and keep the proceeds of the sale (to the extent of the indebtedness).

execution sale A forced sale of a debtors property by a government official carrying out a writ of execution. Also termed forced sale; judgment sale; sheriffs sale. See EXECUTION.

execution sale See SALE.

executione facienda in withernamium (ek-sa-kyoo-shee-oh-nee fay-shee-en-da in with-ar-nay-mee-am). [Latin]. A writ that lay for taking cattle of a person who had taken someone else's cattle out of the county so that the sheriff could not replevy them.

executione judicii (ek-sa-kyoo-shee-oh-nee joo-dish-ee-i). [Latin]. A writ directed to a judge of an inferior court to issue execution upon a judgment in that court, or to return some reasonable cause why the judge has delayed execution.

executioner A person who puts another person to death to carry out a death sentence; a person who carries out capital punishment on the state's behalf. execution lien. See LIEN.

execution-proof See JUDGMENT-PROOF.

executive 1. The branch of government responsible for effecting and enforcing laws; the person or persons who constitute this branch. The executive branch is sometimes said to be the residue of all government after subtracting the judicial and legislative branches. Sometimes also termed executive department. Cf. LEGISLATURE; JUDICIARY (1).

executive administration Collectively, high public officials who administer the chief departments of the government.

executive agency An executive-branch department whose activities are subject to statute and whose contracts are subject to judicial review. One example is the National Aeronautics and Space Agency.

executive agreemeut An international agreement entered into by the President, without approval by the Senate, and usu. involving routine diplomatic or military matters. Cf. TREATY (1).

executive board See BOARD OF DIRECTORS.

executive branch The branch of government charged with administering and carrying out the la,v; EXECUTIVE (1). Cf. JUDICIAL BRANCH; LEGISLATIVE BRANCH.

executive clemency See CLEMENCY.

executive committee The committee of principal officers and directors who directly manage an organization's affairs between board meetings.

executive committee- See COMMITTEE.

executive department See EXECUTIVE (1).

executive director A salaried employee who serves as an organization's chief administrative and operating officer and heads its profeSSional staff. - Also termed executive secretary; staffdirector.

executive employee An employee whose duties include some form of managerial authority and active participation in the control, supervision, and management of the business. Often shortened to executive.

executive immunity See IMMUNITY (1).

executive immunity- 1. The absolute immunity of the U.S. President or a state governor from civil damages for actions that are within the scope of official responsibilities. 2. The qualified immunity from civil claims against lesser executive officials, who are liable only if their conduct violates dearly established constitutional or statutory rights .o Executive immunity generally protects an official while carrying out clearly established responsibilities about which a reasonable person would know. Cf. executive privilege under PRIVILEGE (3).

executive officer See EXECUTIVE (2).

executive officer See EXECUTIVE (2).

executive order An order issued by or on behalf of the President, usu. intended to direct or instruct the actions of executive agencies or government officials, or to set policies for the executive branch to follow. -Abbr. ex. ord.

executive pardou See PARDON.

executive power The power to see that the laws are duly executed and enforced. Under federal law, this power is vested in the President; in the states, it is vested in the governors. The President's enumerated powers are found in the U.S. Constitution, art. II, § 2; governors' executive powers are provided for in state constitutions. The other two great powers of government are the legislative power and the judicial power.

executive privilege A privilege, based on the constitutional doctrine of separation of powers, that exempts the executive branch of the federal government from usual disclosure requirements when the matter to be disclosed involves national security or foreign policy. Cf. executive immunity under IMMUNITY (1).

executive privilege See PRIVILEGE (3).

executive right Oil & gas. The exclusive right to lease specified land or mineral rights. The executive right is one of the incidents of the mineral interest.

executive secretary See EXECUTIVE DIRECTOR.

executive session See SESSION (1).

executive session A meeting, usu. held in secret, that only the members and invited nonmembers may attend. The term originated in the United States Senate, which until 1929 sat behind closed doors when it advised the President about executive business such as appointments and treaties. Also termed closed session; secret session. "Virtually all open meeting statutes expressly authorize the use of executive sessions, typically specifying the particular circumstances in which executive sessions are permitted. When the specific circumstances are specified, generally no other exceptions are permitted .... Use of the executive session to discuss matters not properly hidden from the public is a clear violation of the open meeting law. Many states expressly or impliCitly forbid use of the executive session as a subterfuge to defeat the purposes of the open meeting law." Ann Taylor Schwing, Open Meeting Laws § 7.1, at 357, 359 (2d ed. 2000).

executor 1. (ek-sa-kyoo-tar) One who performs or carries out some act. 2. (eg-zek-ya-ar) A person named by a testator to carry out the provisions in the testator's will. Cf. ADMINISTRATOR (2). Abbr. exor.

executor a testatore constitutus (ay [or ah] tes-ta-tor-ee kon-sti-t[y]oo-tas). [Law Latin], Eccles. law. An executor appointed by a testator. Also termed executor testamentarius.

executor a lege constitutus (ay [or ah] lee-jee kon-sti-t[y]oo-tas). [Law Latin], Eccles. law. One authorized by law to be an executor; the ordinary of the diocese.

executor ab episcopo constitutus (ab a-pis-ka-poh kon-sti-t[y]oo-tas). [Law Latin], Eccles. law. An executor appointed by a bishop; an administrator to an intestate. - Also termed executor dativus.

executor dative See DATIVE (1).

executor dativus See executor ab episcopo constitutus.

executor de son tort See EXECUTOR.

executor de son tort- (da sawn [or son] tor[t]). [Law French "executor of his own wrong"]. A person who, without legal authOrity, takes on the responsibility to act as an executor or administrator of a decedent's property, usu. to the detriment of the estate's beneficiaries or creditors. "Executor de son tort or, executor of his own wrong. Is he that takes upon him the office of an executor by intrusion, not being so constituted by the testator." The Pocket Lawyer and Family Conveyancer 98 (3d ed. 1833).

executor fund See FUND (1).

executor fund- A fund established for an executor to pay an estate's final expenses.

executor lucratus (loo-kray-tas). An executor who has assets of the testator, the latter having become liable by wrongfully interfering with another's property.

executor testamentarius See executor a testa tore constitutus.

executor to the tenor A person who is not named executor in the will but who performs duties similar to those of an executor.

executor's bond A bond given to ensure the executor's faithful administration of the estate. See fiduciary bond. 'The English law did not require an executor to give bond because he was appointed by the testator and his authority was derived from the will rather than court appointment. Some American jurisdictions do not require a bond of an executor. In the majority of our states a testator may by will dispense with the executor's bond, but in absence of such testamentary provision a bond will be required." Thomas E. Atkinson, Handbook of the Law of Wills § 113, at 621 (2d ed. 1953).

executor's bond- See BOND (2).

executory (eg-zek-ya-tor-ee), adj. 1. Taking full effect at a future time <executory judgment>. 2. To be performed at a future time; yet to be completed <executory contract>.

executory accord See ACCORD (2).

executory bequest A bequest of a future, deferred, or contingent interest in personal property.

executory bequest- See BEQUEST.

executory consideration (eg-zek-ya-tor-ee). A consideration that is to be given only after formation of the contract; present or future consideration as opposed to past consideration.

executory consideration- See CONSIDERATION (1).

executory contract (eg-zek-ya-tor-ee). 1. A contract that remains wholly unperformed or for which there remains something still to be done on both sides, of ten as a component of a larger transaction and sometimes memorialized by an informal letter agreement, by a memorandum, or by oral agreement. "If a contract is wholly executory, and the legal duties of the parties are as yet unfulfilled, it can be discharged by mutual consent, the acquittance of each from the other's claims being the consideration for the promise of each to waive his own." William R. Anson, Principles of the Law of Contract 138 (Arthur L Corbin ed., 3d Am. ed. 1919). 2. Bankruptcy. A contract under which debtor and nondebtor each have unperformed obligations and the debtor, if it ceased further performance, would have no right to the other party's continued perfor mance.

executory contract- See CONTRACT.

executory covenant (eg-zek-ya-tor-ee). A covenant that remains unperformed in whole or in part.

executory covenant- See COVENANT (1).

executory devise An interest in land, created by will, that takes effect in the future and depends on a future contingency; a limitation, by will, of a future estate or interest in land when the limitation cannot, consistently with legal rules, take effect as a remainder. An executory devise, which is a type of conditionallimitation, differs from a remainder in three ways: (1) it needs no particular estate to support it, (2) with it a fee simple or lesser estate can be limited after a fee simple, and (3) with it a remainder can be limited in a chattel interest after a particular estate for life is created in that interest. See conditionallimitation under LIMITATION. "The reason of the institution of the executory devise was to support the will of the testator; for when it was evident that he intended a contingent remainder, and when it could not operate as such by the rules of law, the limitation was then, out of indulgence to wills, held to be good as an executory devise. They are not mere possibilities, but certain and substantial interests and estates, and are put under such restraints only as have been deemed requisite to prevent the mischiefs of perpetuities, or the existence of estates that were unalienable." 4 James Kent, Commentaries on American Law *264 (George Comstock ed., 11th ed. 1866).

executory devise- See DEVISE.

executory interest See EXECGTORY INTEREST.

executory interest A future interest, held by a third person, that either cuts off another's interest or begins after the natural termination of a preceding estate. Cf. REMAINDER. "What is an executory interest? Here is a pretty good definition: An executory interest is any future interest created in a person other than the transferor that is not a remainder-. Here are five classic examples of executory interest: (1) transfers 'to A for then, one day after A's death, to the heirs of A.' The creates a springing executory interest in those who will be A's heirs. (2) 0 transfers 'to A for 200 years if he shall so long live, then to the heirs of A.' This transfer also creates a springing executory interest in A's prospective heirs, (3) 0 transfers 'to A and his heirs five years from the date of this deed.' A owns a springing executory interest. (4) 0, when B is fifteen, transfers 'to A for life; then no sooner than one day after A's death, to B and his heirs if B ever reaches 21.' B owns a springing executory interest. (5) 0 transfers 'to A and his heirs; but if A marries X, to B and his heirs.' B owns a shifting executory interest." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 80 (2d ed. 1984).

executory judgment See JUDGMENT.

executory judgment (eg-zek-ya-or-ee). A judgment that has not been carried out, such as a yet-to-be fulfilled order for the defendant to pay the plaintiff.

executory limitation See LIMITATION.

executory process 1. A process that can be resorted to either (1) when the right ofa creditor arises from an act importing a confession of judgment, and that contains a privilege or mortgage in the creditor's favor, or (2) when the creditor demands the execution of a judgment that has been rendered by a different tribunal. 2. An accelerated procedure, summary in nature, by which the holder of a mortgage or privilege evidenced by a confession ofjudgment seeks to effect an ex parte seizure and sale of the subject property.

executory remainder See contingent remainder under REMAINDER.

executory remainder See contingent remainder.

executory sale A sale agreed upon in principle but with a few minor details remaining.

executory sale See SALE.

executory trust See TRUST.