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executory unilateral accord An offer to enter a contract; OFFER (2).

executory use See springing use under USE (4).

executory warranty See WARRANTY (3).

executress See EXECUTRIX.

executrix (eg-zek-ya-triks), n. Archaic. A female executor. Abbr. exrx. Also termed executress. PI.

executrixes (eg-zek-ya-trik-saz), executrices (eg-zek ya-tri-seez). See EXECUTOR.

executry 1. Executorship. See EXECUTOR (1), (2). 2. The movable property of a decedent.

exedos (e-he-thohs), n. See EJIDOS.

exemplar (eg-zem-plar or -plahr), n. 1. An ideal or typical example; a standard specimen <handwriting exemplars>. 2. Nontestimonial identification evidence, such as fingerprints, voiceprints, and DNA samples. See VOICE EXEMPLAR.

exemplary 1. Serving as an ideal example; commendable <exemplary behavior>. 2. Serving as a warning or deterrent; admonitory <exemplary damages>.

exemplary damages See punitive damages.

exemplary damages- See punitive damages under DAMAGES.

exemplary substitution See SUBSTITUTION (5).

exempli gratia (eg-zem-pli gray-shee-a or ek-sem-plee grah-tee-a). [Latin]. For example; for instance. -Abbr. e.g. or (rarely) ex. gr.

exemplification An official transcript ofa public record, authenticated as a true copy for use as evidence. exemplify, vb.

exemplificatione (eg-zem-pla-fa-kay-shee-oh-nee). [Latin]. A writ granted for the exemplification or transcript of an original record.

exemplified copy See certified copy.

exemplified copy- See certified copy under COPY.

exemplum (eg-zem-plam), n. [Latin]. Civil law. A copy; a written authorized copy.

exempt adj. Free or released from a duty or liability to which others are held <persons exempt from military service> <property exempt from sequestration>. - exempt, vb. exemptive, adj.

exempt income See INCOME.

exempt income- Income that is not subject to income tax.

exempt organization An organization that is either partially or completely exempt from federal income taxation. See CHARITABLE ORGANIZATION.

exempt property 1. A debtor's holdings and possessions that, by law, a creditor cannot attach to satisfy a debt. All the property that creditors may lawfully reach is known as nonexempt property. Many states provide a homestead exemption that excludes a person's house and household items, up to a certain amount, from the liens of most creditors. The purpose of the exemption is to prevent debtors from becoming destitute. See HOMESTEAD. Cf. NONEXEMPT PROPERTY. 2. Personal property that a surviving spouse is automatically entitled to receive from the decedent's estate.

exempt property See EXEMPT PROPERTY.

exempt security A security that need not be registered under the provisions of the Securities Act of 1933 and is exempt from the margin requirements of the Securities Exchange Act of 1934.

exempt security See SECURITY.

exempt transaction A sale that falls outside the scope of a certain statute, such as the Securities Act of 1933 or the Securities Exchange Act of 1934.

exemption 1. Freedom from a duty, liability, or other requirement; an exception. See IMMUNITY; EXCEPTION (2). 2. A privilege given to a judgment debtor by law, alloWing the debtor to retain certain property without liability. 3. Tax. An amount allowed as a deduction from adjusted gross income, used to determine taxable income. Cf. DEDUCTION (2).

exemption clause A contractual provision providing that a party will not be liable for damages for which that party would otherwise have ordinarily been liable. Cf. EXCEPTION CLAUSE; EXCULPATORY CLAUSE; INDEMNITY CLAUSE. ''An exemption clause may take many forms, but all such clauses have one thing in common in that they exempt a party from a liability which he would have borne had it not been for the clause. In some cases an exemption clause merely relieves a party from certain purely contractual obligations, for example, the duties of a seller in a contract of sale regarding the quality and fitness of the goods. In other cases exemption clauses go further and protect the party not merely from contractual liability but even from liability which would otherwise have arisen in tort. For example, a shipping company's ticket may exempt the company from liability to the passenger for any injuries, however caused. Now if the passenger is injured as a result of the negligence of the company's employees, that would, in the normal way, give rise to an action in tort for negligence, quite apart from the contract." P.S. Atiyah, An Introduction to the Law of Contract 167 (3d ed. 1981).

exemption equivalent The maximum value of assets that one can transfer to another before incurring a federal gift and estate tax.

exemption law A law describing what property of a debtor cannot be attached by a judgment creditor or trustee in bankruptcy to satisfy a debt. See EXEMPT PROPERTY (1).

exennium (eg-zen-ee-am), n. [Latin]. A gift, esp. one given at the new year.

exequatur (ek-sa-kway-tar). [Latin "let it be executed"]. A written official recognition and authorization of a consular officer, issued by the government to which the officer is accredited. "Consuls on exhibiting proof of their appointment, if not objectionable persons, receive an exequatur, or permission to discharge their functions within the limits prescribed, which permission can be withdrawn for any misconduct." Theodore D. Woolsey, Introduction to the Study of International Law § 100, at 162-63 (5th ed. 1878).

exercise 1. To make use of; to put into action <exercise the right to vote>. 2. To implement the terms of; to execute <exercise the option to buy the commodities>. - exercise, n.

exercise clause See FREE EXERCISE CLAUSE.

exercise of judgment The use of sound discretion that is, discretion exercised with regard to what is right and equitable rather than arbitrarily or willfully.

exercise price See strike price.

exercise price See strike price under PRICE.

exercise value The value to an optionholder of using the option.

exercitalis (eg-zar-si-tay-lis), n. [Latin], A soldier; a vassal.

exercitor (eg-zar-si-tor), n. [Latin "an exercisor"]. Civil law. The person to whom the profits of a ship temporarily belong, whether that person is the owner, charterer, or mortgagee. Also termed exercitor maris; exercitor navis. Cf. SHIP'S HUSBAND.

exercitor maris (eg-zar-si-tar mar-is). See EXERCITOR.

exercitor navis (eg-zar-si-tar nay-vis). See EXERCITOR.

exercitoria actio See actio exercitoria under ACTIO.

exercitorial power (eg-zar-si-tor-ee-al). The trust given to a shipmaster.

exercituale (eg-zar-sich-oo-ay-Iee), n. [Law Latin, fr. Latin exercitus "an army"]. A heriot paid only in arms, horses, or military accouterments. See HERIOT.

exercitus (eg-zar-si-tas), n. [Latin "an army"]. An army; an armed force. Of indefinite number, the term was applied on various occasions to a gathering of 42 armed men, of 35, or even of 4.

exfacie (eks fay-shee-ee or -shee or -sha). [Latin]. Archaic. On the face of it; evidently; apparently. The phrase typically referred to a defect appearing from the document itself, without further inquiry.

exfacto (eks fak-toh). [Latin "from a fact"], From or in consequence of a fact or action; actually; DE FACTO.

exfestucare (eks-fes-ta-kair-ee), vb. [Latin]. To abdicate or resign; to surrender (an estate, office, or dignity) by the symbolic delivery of a staff or rod (festuca) to the transferee.

exfictione juris (eks fik-shee-oh-nee joor-is). [Latin]. By a fiction of law.

exfraude creditorum (eks fraw -dee kred -kred -i -tor-am). [Law Latin]. On the ground of fraud toward creditors. A preference could be set aside if it were made within 60 days of the bankruptcy filing.

exfrediare (eks-free-dee-air-ee), vb. [Latin]. To break the peace; to commit open violence.

exhausted ballot See exhausted vote under VOTE (1).

exhausted ballot- See exhausted vote under VOTE (1).

exhausted combination See old combination.

exhausted combination- See old combination under COMBINATION.

exhausted vote See VOTE (1).

exhausted-combination rejection See old-combination rejection under REJECTION.

exhausted-combination rejection See old-combination rejection.

exhaustion of remedies The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available. The doctrine's purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which judicial relief is unnecessary. - Also termed exhaustion of administrative remedies. "The traditional rule can ... be fairly simply stated. A litigant must normally exhaust state 'legislative' or administrative' remedies before challenging the state action in federal court. He or she need not normally exhaust state 'judicial' remedies. The rationale for this distinction is that until the administrative process is complete, it cannot be certain that the party will need judicial relief, but when the case becomes appropriate for judicial determination, he or she may choose whether to resort to a state or federal court for that relief. The word 'normally' is required in both branches of the rule." Charles Alan Wright, The Law of Federal Courts § 49, at 313 (5th ed. 1994).

exhaustion of state remedies The doctrine that an available state remedy must be exhausted in certain types of cases before a party can gain access to a federal court. For example, a state prisoner must exhaust all state remedies before a federal court will hear a petition for habeas corpus.

exhaustiou-of-rights doctriue The principle that once the owner of an intellectual-property right has placed a product covered by that right into the marketplace, the right to control how the product is resold within that internal market is lost. Within a common market, such as the European Union, the doctrine also applies to the import and export of the goods between member nations. Cf. PATENT-EXHAUSTION DOCTRINE.

exhibere (ek-sa-beer-ee), vb. [Latin). 1. To present (a tangible thing) 50 that it may be handled. 2. To appear personally to defend against an action at law.

exhibit 1. A document, record, or other tangible object formally introduced as evidence in court. 2. A document attached to and made part of a pleading, motion, contract, or other instrument.

exhibit- Archaic. To bring a lawsuit by filing (a bill).

exhibit list 1. A pretrial filing that identifies by number and description the exhibits a party intends to offer into evidence at trial. Courts often require the exchange of exhibit lists before trial so that evidentiary disputes can be resolved with minimal disruption in the course of a jury trial. 2. A document prepared during a trial by the clerk or a courtroom deputy to identify by number and description the exhibits that the parties have entered into evidence.

exhibitio billae (ek-sa-bish-ee-oh bil-ee). [Latin]. The commencement of a suit by presenting or exhibiting a bill to the court.

exhibition An action to compel the production or delivery of documents.

exhibition value In the motion-picture industry, the minimum receipts that distributors expect to realize from showing a particular film. - Also termed minimum sale; price expectancy.

exhibitionism The indecent display of one's body. exhibitionist, adj. & n.

exhibitory interdict An interdict by which a praetor compelled a person or thing to be produced.

exhibitory interdict See INTERDICT (1).

exhumation (eks-hyoo-may-shan or eg-zyoo-), The removal from the earth of something buried, esp. a human corpse; disinterment. [Cases: Dead Bodies

exidos (e-hee-thohs). See EfIDOS.

exigency (ek-sa-jan-see), A state of urgency; a situation requiring immediate action. Also termed exigence.

exigendary (ek-sa-jen-da-ree), n. See EXIGENTER.

exigent adj. Requiring immediate action or aid; urgent <exigent circumstances>.

exigent- (ek-sa-jant), A judicial writ employed in the process of outlawry, commanding the sheriff to demand the defendant's appearance, from county court to county court, until he was outlawed or, if the defendant appeared, to take him before the court to answer the plaintiff's action. See EXIGI FACIAS.

exigent circumstances 1. A situation that demands unusual or immediate action and that may allow people to circumvent usual procedures, as when a neighbor breaks through a window of a burning house to save someone inside. 2. A situation in which a police officer must take immediate action to effectively make an arrest, search, or seizure for which probable cause exists, and thus may do so without first obtaining a warrant. Exigent circumstances may exist if (1) a person's life or safety is threatened, (2) a suspect's escape is imminent, or (3) evidence is about to be removed or destroyed. Also termed emergency circumstances; special circumstances.

exigent circumstances- See CIRCUMSTANCE.

exigent list A list of cases set down for hearing upon various incidental and ancillary motions and rules.

exigent search (eks-a-jant). A warrantless search carried out under exigent circumstances, such as an imminent danger to human life or a risk of the destruction of evidence. See exigent circumstances under CIRCUMSTANCE.

exigent search See SEARCH.

exigenter (ek-sa-jen-tar), rl. An officer of the court of common pleas responsible for preparing exigents and proclamations in the process of outlawry. This office was abolished in 1837 by the Superior Courts (Officers) Act, St. 7 Will. 4, and 1 Vict., ch. 30. - Also termed exigendary.

exigible (ek-sa-ja-bal), adj. Requirable; demandable (as a debt). Cf. PRESTABLE.

exigible debt A liquidated and demandable debt; a matured claim.

exigible debt- See DEBT.

exigifadas (ek-sa-ji fay-shee-as). [Latin], That you cause to be demanded. These were the emphatic words of the Latin form of the writ of exigent; the phrase was sometimes used as the name of the writ. See EXIGENT.

exile 1. Expulsion from a country, esp. from the country of one's origin or longtime residence; banishment.

exilium (eg-zil-ee-am), [Latin "exile"]. 1. the act ofdriving away or despoiling. 2. A type of waste consisting in the driving away of an estate's bondservants and tenants by demolishing their homes or by enfranchiSing the bondservants and then turning them out of their homes.

Ex-Im Bank See EXPORT-IMPORT BANK OF THE UNITED STATES.

existent corner A corner whose location can be verified by an original landmark, a surveyor's field notes, or other reliable evidence.

existent corner- See CORNER.

existimatio (eg-zis-ta-may-shee-oh), n. [Latin]. Roman law. 1. The civil reputation belonging to a Roman citizen of unimpeached dignity or character; the highest standing of a Roman citizen. 2. The decision or award of an arbiter. PI. existimationes (eg-zis-t::lmay-shee-oh-neez).

exit 1. A way out. See EGRESS. 2. In a docket entry, an issuance of something (as a writ or process). For example, exit attachment denotes that a writ of attachment has been issued in the case. exit, vb.

exitus (ek-si-tas), n. [Latin]. 1. Children; offspring. 2. The rents, issues, and profits oflands and tenements. 3. An export duty. 4. The conclusion of a pleading.

exlegalitas (eks-Ia-gay-la-tas), n. [Law Latin]. 1. Outlawry; outside the law's protection. 2. A person who is prosecuted as an outlaw.

exlegare (eks-Ia-gair-ee), vb. [Law Latin]. To outlaw; to deprive of the benefit and protection of the law.