exlex(eks-Ieks), n. [Law Latin]. An outlaw; one who is outside the law's protection. |
exogamous inseminationSee artificial insemination by donor. |
exogamous insemination-See artificial insemination by donor under ARTIFICIAL INSEMINATION. |
exoine(e-soyn), n. [French "excuse"]. French law. An act or instrument in writing containing the reasons why a party in a civil suit, or a person accused, has not appeared after being summoned. See ESSOIN. |
exonerate(eg-zon-a-rayt), vb. 1. To free from responsibility <exonerate from the payment of the debt>. Cf. EXCULPATE. 2. To free from encumbrances <exonerate the property from the mortgage lien>. exonerative (eg-zon-ar-ay-tiv) or adj. |
exoneration(eg-zon-a-ray-shan). 1. The removal of a burden, charge, responsibility, or duty. 2. The right to be reimbursed by reason of having paid money that another person should have paid. 3. The equitable right of a surety - confirmed by statute in many states - to proceed to compel the principal debtor to satisfy the obligation, as when, even though the surety would have a right of reimbursement, it would be inequitable for the surety to be compelled to perform if the principal debtor can satisfy the obligation. - When a testator leaves a gift of property encumbered by a mortgage or lien, the doctrine of exoneration operates to satisfy the encumbrance from the general assets of the estate. Many states have abandoned the common-law rule in favor of exoneration. See EQUITY OF EXONERATION; QGIA TIMET. |
exoneration, snit forSee SUIT FOR EXONERATION. |
exoneratione sectae(eg-zon-a-ray-shee-oh-nee sek-tee). [Latin]. A writ that lay for the Crown's ward, to be free from all suit during wardship. |
exoneratione sectae ad curiam baron(eg-zon-a-rayshee-oh-nee sek-tee ad kyoor-ee-am bar-an). [Latin"by exoneration of the suit to the lord'scourt"]. A writ issued by the guardian of the Crown's ward, forbidding the sheriff or steward of a particular court from distraining or taking other action against the ward. |
exonerative factSee FACT. |
exonerative fact-(eg-zon-ar-a-tiv or -ay-tiv). A divestitive fact that extinguishes a duty. |
exoneretur(eg-zon-a-ree-tar). [Latin "let him be relieved or discharged"]. A note, recorded on a bailpiece, of a court order to release a bail obligation after the court has sentenced the defendant to prison. Cf. BAILPIECE (1). |
exorabbr. EXECUTOR. |
exordinm(eg-zor-dee-am). [Latin]. An introduction in a discourse or writing, esp. in a will. In a will, the exordium usu. contains statements of the testator's name and capacity to make the will. Also termed exordium clause; introductory clause. |
expatriate(ek-spay-tree-it), n. An expatriated person; esp., a person who lives permanently in a foreign country. |
expatriate-(ek-spay-tree-ayt), vb. 1. To withdraw (oneself). from residence in or allegiance to one's native country; to leave one's home country to live elsewhere. 2. To banish or exile (a person). expatriation, n. |
expectancy1. An estate with a reversion, a remainder, or an executory interest. 2. Wills & estates. Ihe possibility that an heir apparent, an heir presumptive, or a presumptive next of kin will acquire property by devolution on intestacy, or the possibility that a presumptive beneficiary will acquire property by will. 3. Insurance. The probable number of years in one's life. See LIFE EXPECTANCY. |
expectancy damagesSee expectation damages under DAMAGES. |
expectancy tableSee ACTUARIAL TABLE. |
expectantadj. Having a relation to, or being dependent on, a contingency; CONTINGENT. |
expectant beneficiarySee expectant distributee under DISTRIBUTEE. |
expectant beneficiary-See expectant distributee under DISTRIBUTEE. |
expectant distributeeA prospective heir whose interest depends on a contingency; an expectant heir. - Also termed expectant beneficiary. See prospective heir under HEIR. |
expectant distributee-See DISTRIBUTEE. |
expectant estateSee FUTURE INTEREST. |
expectant estate-See FUTURE INTEREST. |
expectant heirSee HEIR. |
expectant heir-An heir who has a reversionary, or future interest in property, or a chance of succeeding to it. - Also termed heir expectant. See REVERSION (1); REMAINDER (1). Cf. prospective heir. "The reader should be aware that one never has an 'heir' until one is dead; one merely has an 'heir expectant' .... Thus, to say that an heir 'owns' anything is conceptually difficult. But ... some unborn heirs may be entitled to the protection of the courts, and thus be said to have estates." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 26 n.13 (2d ed. 1984). |
expectant rightSee RIGHT. |
expectant rightA right that is contingent on the occurrence of some future event; a contingent right. |
expectation1. The act of looking forward; anticipation. 2. A basis on which something is expected to happen; esp., the prospect of receiving wealth, honors, or the like. "[E]xpectation does not in itself amount to intention. An operating surgeon may know very well that his patient will probably die of the operation; yet he does not intend the fatal consequence which he expects. He intends the recovery which he hopes for but does not expect." John Salmond, Jurisprudence 379-80 (Glanville L Williams ed., 10th ed. 1947). |
expectation damagesSee DAMAGES. |
expectation damages-Compensation awarded for the loss of what a person reasonably anticipated from a transaction that was not completed. - Also termed expectancy damages; lost-expectation damages; damages for lost expectations. |
expectation interestSee INTEREST (2). |
expectation interestThe interest of a nonbreaching party in being put in the position that would have resulted if the contract had been performed. See expectation damages under DAMAGES; BENEFIT-OF-THE-BARGAIN RULE. |
expectation of lifeSee LIFE EXPECTANCY. |
expectation of privacyA belief in the existence of the right to be free ofgovernmental intrusion in regard to a particular place or thing. To suppress a search on privacy grounds, a defendant must show the existence of the expectation and that the expectation was reasonable. |
expected/intended exclusionA provision in some commercial general liability policies, excluding coverage for property damage or bodily injury that is expected or intended by the insured, except any harm arising from the use of reasonable force to protect a person or property. This exclusion is sometimes referred to as "exclusion a" because it is the first exclusion listed on most policies. - Also termed exclusion a; intentionalinjury exclusion. |
expected/intended exclusion-See EXCLUSION (3). |
expediente(ek-sped-ee-en-tee), n. [Spanish]. Spanish law. 1. The papers or documents constituting a grant or title to land from the government; esp., a historical record of proceedings relating to a grant of land by the sovereign. 2. A legal or administrative case file; esp., the official record ofall filings and orders in a lawsuit. 3. A maneuver intended to achieve a particular result. |
expediment(ek-sped-a-mant), n. The whole of one's goods and chattels. |
expedited proceedingSee SHOW-CAUSE PROCEEDING. |
expeditio brevis(ek-spa-dish-ee-oh bree-vas). [Latin]. Archaic. The service of a writ. |
expelvb. To drive out or away; to eject, esp. with force. See EJECT; EVICT. |
expenditor(ek-spen-da-tar). One who expends or disburses certain taxes; a paymaster. |
expenditure1. The act or process of paying out; disbursement. 2. A sum paid out. |
expensae litis(ek-spen-see li-tis). [Latin]. Costs or expenses of a lawsuit, for which a successful party is sometimes reimbursed. |
expenseAn expenditure of money, time, labor, or resources to accomplish a result; esp., a business expenditure chargeable against revenue for a specific period. Cf. COST (1). - expense, vb. |
expense loadingSee LOADING. |
expense ratioAccounting. The proportion or ratio of expenses to income. |
expense stopA lease provision establishing the maximum expenses to be paid by the landlord, beyond which the tenant must bear all remaining expenses. |
expenses of administrationExpenses incurred by a decedent's representatives in administering the estate. |
expenses of receivershipExpenses incurred by a receiver in conducting the business, including rent and fees incurred by the receiver's counsel and by any master, appraiser, and auditor. |
expensilatio(ek-spen-si-lay-shee-oh), n. [Latin]. Roman law. An entry to the debit of one party in the account book of another party, esp. as part of a literal contract. See literal contract (1) under CONTRACT. PI. expensilationes (ek-spen-si-Iay-shee·oh-neez). |
expensis militum non levandis(ek-spen-sis mi-lit-am non li-van-dis). [Latin]. A writ to prohibit the sheriff from levying any allowance for knights of the shire on persons who held lands in ancient demesne. See ancient demesne under DEMESNE. |
experience ratingA method of determining the amount of the premium by analyzing the insured's loss record over time to assess (1) the risk that covered events will occur, and (2) the amount of probable damages if they do. |
experimental useSee USE (1). |
experimental-use defenseA defense to a claim of patent infringement raised when the construction and use of the patented invention was for scientific purposes only. While still recognized, this defense is narrowly construed and today may apply only to research that tests the inventor's claims. 35 USCA § |
experimental-use exceptionAn exception to the public-use statutory bar, whereby an inventor is allowed to make public use of an invention for more than one year when that use is necessary to test and improve the invention. |
expertA person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. expertise (ek-spar-teez), n. |
expert evidenceEvidence about a scientific, technical, professional, or other specialized issue given by a person qualified to testify because of familiarity with the subject or special training in the field. Also termed expert testimony. Fed. R. Evid. 702-705. See DAUBERT TEST. |
expert evidence-See EVIDENCE. |
expert opinionSee OPINION (3). |
expert opinionAn opinion offered by a witness whose knowledge, skill, experience, training, and education qualify the witness to help a fact-finder understand the evidence or decide a factual dispute. See expert witness under WITNESS. |
expert testimonySee expert evidence under EVIDENCE. |
expert witnessSee WITNESS. |
expert-reliance materialsFacts, documents, and other sources that provide data or information to an expert witness. Often shortened to reliance materials. |
expert-witness feeSee FEE (1). |
expert-witness fee-A fee paid for the professional services of an expert witness. |
expilare(eks-pa-Iair-ee), vb. [Latin]. Roman law. In the law of inheritance, to spoil; to rob; to plunder. See CRIMEN EXPILATAE HEREDITATIS. |
expilatio(eks-pa-Iay-shee-oh), n. [Latin]. Roman law. The offense of unlawfully appropriating goods belonging to a succession. This offense was not technically theft (furtum) because the property belonged to neither the decedent nor an heir, since the latter had not yet taken possession. PI. expilationes (eks-pd-lay-shee-oh neez). - Also termed expilation. |
expilator(eks-pa-Iay-tar), n. [Latin]. Roman law. A robber; a spoiler or plunderer. See EXPILATlO. |
expirationA coming to an end; esp., a formal termination on a closing date <expiration of the insurance policy>. - expire, vb. |
expiration dateThe date on which an offer, option, or the like ceases to exist. - Also termed expiry date. |
expiry dateSee EXPIRATION DATE. |
expiry of the legalThe end of the period during which a debtor can redeem land awarded to a creditor by paying off the debt. |
explanatory-phrase ruleTrademarks. The principle that a senior user of a family-name trademark is entitled to a judicial remedy for unfair competition if the same family name appears on competing goods or services, the remedy being that the junior user must include on signs, labels, and advertisements an explanation that the company is not affiliated with the senior user's company. The rule resolves two conflicting principles: (1) everyone has the right to use a family name in business, and (2) no one may use a family name in a way that unfairly hurts someone else's business. |
explecia(ek-splee-shee-a). [Law Latin] See EXPLETA. explees (ek-spleez). See ESPLEES. |
expleta(ek-splee-ta), n. pl. [Law Latin]. The rents and profits of an estate. Also termed expletia; explecia.. |
explicatio(eks-pla-kay-shee-oh), n. [Law Latin] Civil law. The fourth pleading in an action, consisting of the plaintiff's response to the defendant's rejoinder. This is the civil-law equivalent of the common-law surrejoinder. |
exploding adjustable-rate mortgageSee MORTGAGE. |
exploitationThe act of taking advantage of something; esp., the act of taking unjust advantage of another for one's own benefit. See SEXUAL EXPLOITATION. - exploit, vb. exploitative, adj. |
exploration managerSee LAND MANAGER. |
export1. A product or service created in one country and transported to another. |
export-1. To send or carry abroad. 2. To send, take, or carry (a good or commodity) out of the country; to transport (merchandise) from one country to another in the course of trade. 3. To carry out or convey (goods) by sea. |
export clauseSee IMPORT-EXPORT CI.AUSE. |
export declarationA document required by federal law containing details of an export shipment. |
export draftA draft drawn by a domestic seller on a foreign buyer, directing the buyer to pay the trade amount to the seller or the seller's bank. |
export draft-See DRAFT. |
export letter of creditSee LETTER OF CREDIT. |
export quotaSee QUOTA. |
export quotaA restriction on the products that can be sold to foreign countries. In the United States, export quotas can be established by the federal government for various purposes, including national defense, price support, and economic stability. |
export taxA tax levied on merchandise and goods shipped or to be shipped out of a country. |
export taxSee TAX. |
exportationThe act of sending or carrying goods and merchandise from one country to another. |
export-import bank of the united statesA federally chartered bank that finances the export of goods and services by direct lending or by issuing guarantees and insurance so that private banks can extend credit. The bank was organized by Executive Order 6581 of 2 Feb. 1934. It became independent in 1945. 12 USCA §§ 635 et seq. Often shortened to Ex-Im Bank. |
expose(ek-spoh-zay), n. [French]. 1. A statement or account; an explanation. - In diplomatic language, the term describes a written explanation of the reasons for a certain act or course of conduct. 2. Exposure of discreditable matter. |
expositio(eks-pa-zish-ee-oh), n. [Latin]. An explanation or interpretation; an exposition. |
exposition de part(eks-poh-zee-syawn da pahr). [French]. French law. The abandonment, in either a public or a private place, of a child that is unable to take care of itself. |
expository jurisprudenceSee JURISPRUDENCE. |