Law Dictionary
	Search:

expository jurisprudence See JURISPRUDENCE.

expository statute See declaratory statute.

expository statute See declaratory statute under STATUTE.

exposure The amount ofliability or other risk to which a person is subject <the client wanted to know its exposure before it made a settlement offer>.

exposure of person See INDECENT EXPOSURE.

exposure theory A theory of coverage providing that an insurer must cover a loss if the insurance was in effect when the claimant was exposed to the product that caused the injury. Cf. MANIFESTATION THEORY; ACTUAL-INTURY TRIGGER; TRIPLE TRIGGER.

express adj. Clearly and unmistakably communicated; directly stated. Cf. IMPLIED. - expressly, adv.

express abandonment Patents. An applicant's intentional and clear termination of a patent prosecution. An express abandonment must be made in a signed writing and received by the U.S. Patent and Trademark Office in time for the Office to act before the patent issues. Once an application is expressly abandoned, it cannot be revived, and the applicant cannot preclude the public from freely availing itself of the invention'S benefits. Unless there is an express abandonment filed, abandonment of a patent application 3. does not result in abandonment of the invention. Also termed formal abandonment.

express abandonment- See ABANDONMENT (10).

express abrogation The repeal of a law or provision by a later one that refers directly to it; abrogation by express provision or enactment.

express acceptance A written or oral expression indicating that the drawee has seen the instrument and does not dispute its sufficiency . While a written acceptance is typically signified by the stamped or written word "accepted" or "presented," usu. on the instrument itself, an oral acceptance must be made directly to a drawer or holder who has waived the right to a written acceptance.

express acceptance- See ACCEPTANCE (4).

express active trust See active trust under TRUST.

express actual knowledge See actual knowledge (1) under KNOWLEDGE.

express actual knowledge See actual knowledge (1).

express agency An actual agency arising from the principal's written or oral authorization ofa person to act as the principal's agent. Cf. implied agency.

express agency- See AGENCY (1).

express aider See AIDER BY SUBSEQUENT PLEADING.

express amnesty Amnesty granted in direct terms.

express amnesty- See AMNESTY.

express assent Assent dearly and unmistakably communicated.

express assent- See ASSENT.

express assumpsit See special assumpsit under ASSUMPSIT.

express authority Authority given to the agent by explicit agreement, either orally or in writing. Also termed stipulated authority.

express authority- See AUTHORITY (1).

express color A defendant's admission that the plaintiff has an apparent right to something coupled with an assertion that the plaintiff's right is legally inferior to the defendant's right to the same thing. This pleading was typically used in cases of trespass to land by making fictitious allegations that put the plaintiff's ownership of the land in question. For instance, the defendant would admit that the plaintiff had shown apparent ownership of the land by possessing it but then claim that the plaintiff's title was somehow defective, so that the plaintiff did not actually own the land. This pleading was abolished by the Common-Law Procedure Act of 1852, 15 & 16 Viet., ch. 76, § 64. "Express color is a fictitious allegation, not traversable, to give an appearance of right to the plaintiff, and thus enable the defendant to plead specially his own title, which would otherwise amount to the general issue. It is a licensed evasion of the rule against pleading contradictory matter specially." Benjamin J. Shipman, Handbook of Common-Law Pleading § 202, at 351 (Henry Winthrop Ballantine ed., 3d ed. 1923).

express color- See COLOR.

express condition 1. A condition that is the manifested intention of the parties. "[E]xpress conditions ... are conditions created through the agreement of the parties. This is so whether the intention to have the duty subject to a condition be manifested in words, or through any other conduct or type of utter· ance." John Edward Murray Jr., Murray on Contracts § 143, at 290 (2d ed. 1974).

express condition- See CONDITION (2).

express consent Consent that is clearly and unmistakably stated.

express consent- See CONSENT (1).

express consideration Consideration that is specifically stated in an instrument.

express consideration- See CONSIDERATION (1).

express contract A contract whose terms the parties have explicitly set out. Also termed special contract. Cf. implied contract.

express contract- See CONTRACT.

express covenant A covenant created by the words of the parties. Also termed covenant in deed. Cf. implied covenant.

express covenant- See COVENANT (1).

express dedication A dedication explicitly manifested by the owner.

express dedication- See DEDICATION.

express dissatisfaction Wills & estates. A beneficiary's contesting of a will or objecting to any provision of the will in a probate proceeding.

express malice See MALICE.

express notice See NOTICE.

express obligation See conventional obligation under OBLIGATION.

express obligation See conventional obligation.

express permission Permission that is clearly and unmistakably granted by actions or words, oral or written.

express permission See PERMISSION.

express power See enumerated power under POWER (3).

express private passive trust See TRUST.

express repeal See REPEAL.

express repeal Repeal by specific declaration in a new statute or main motion.

express republication A testator's repeating of the acts essential to a will's valid execution, with the avowed intent of republishing the will. See REPUBLICATION (2).

express trust See TRUST.

express waiver See WAIVER (1).

express warranty See WARRANTY (2).

expressed adj. Declared in direct terms; stated in words; not left to inference or implication.

expressio falsi (ek-spres[h]-ee-oh fal-si or fawl-si). [Latin]. A false statement. Such a statement might result in rescission of a contract. Cf. ALLEGATIO FALSI.

expressio unius est exclusio alterius (ek-spres[h]-ee-oh yoo-ni-as est ek-skloo-zhee-oh al-ta-ri-as). [Law Latin]. A canon of construction holding that to express or include one thing implies the exclusion of the other, or of the alternative. For example, the rule that "each citiZen is entitled to vote" implies that noncitizens are not entitled to vote. - Also termed indusio unius est exdusio alterius; expressum fa cit cessare tacitum. Cf. EJUSDEM GENERIS; NOSCITUR A SOCIIS; RULE OF RANK. "Several Latin maxims masquerade as rules of interpretation while doing nothing more than describing results reached by other means. The best example is probably expressio unius est exclusio alter-ius, which is a rather elaborate, mysterious sounding, and anachronistic way of describing the negative implication. Far from being a rule, it is not even lexicographically accurate, because it is simply not true, generally, that the mere express conferral of a right or privilege in one kind of situation implies the denial of the equivalent right or privilege in other kinds. Sometimes it does and sometimes it does not, and whether it does or does not depends on the particular circumstances of context. Without contextual support, therefore, there is not even a mild presumption here. Accordingly, the maxim is at best a description, after the fact, of what the court has discovered from context." Reed Dickerson, The Interpretation and Application of Statutes 234-35 (1975).

expression, freedom of See FREEDOM OF EXPRESSION.

expressive association, freedom of See FREEDOM OF ASSOCIATION.

expressive crime A crime committed for the sake of the crime itself, esp. out of frustration, rage, or other emotion rather than for financial gain. Cf. instrumental crime.

expressive crime- See CRIME.

expressum facit cessare tacitum See EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS.

expromissio (eks-pra-mis[h]-ee-oh), n. Roman law. A type of novation by which a creditor accepts a new debtor in place of a former one, who is then released.

expromissor (eks-pra-mis-ar), n. Roman law. One who assumes another's debt and becomes solely liable for it, by a stipulation with the creditor.

expromittere (eks-pra-mit-a-ree), vb. Roman law. To undertake tor another with the view of becoming liable in the other's place.

expropriation 1. A governmental taking or modification of an individual's property rights, esp. by eminent domain; CONDEMNATION (2). Also termed (in England) compulsory purchase; (in Scotland) compulsory surrender. Cf. APPROPRIATION. 2. A voluntary surrender of rights or claims; the act of renouncing or divesting oneself of something previously claimed as one's own. expropriate, vb. expropriator, n.

expulsion An ejectment or banishment, either through depriving a person of a benefit or by forcibly evicting a person. expnlsive, adj.

expunction of record See EXPUNGEMENT OF RECORD.

expunge (ek-spanj), vb. 1. To erase or destroy <the trustee wrongfully expunged the creditor's claim against the debtor>. 2. Parliamentary law. To declare (a vote or other action) null and outside the record, so that it is noted in the original record as expunged, and redacted from all future copies. -- Also termed rescind and expunge; rescind and expunge from the minutes; rescind and expunge from the record. expungement (ek-spanj-mant), expunction (ek-spangk-shan), n. "Where it is desired not only to rescind an action but to express very strong disapproval, legislative bodies have voted to rescind the objectionable action and expunge it from the record. When a record has been expunged, the chief legislative officer should cross out the words or draw a line around them in the original minutes and write across them the words, 'Expunged by order of the senate (or house),' giving the date of the order. This statement should be signed by the chief legislative officer. The word 'expunged' must not be so blotted as not to be readable, as otherwise it would be impossible to determine whether more was expunged than ordered. When the minutes are printed or published, the expunged portion is omitted." National Conference of State Legislatures, Mason's Manual of Legislative Procedure § 444, at 296-97 (2000).

expungement of record The removal of a conviction (esp. for a first offense) from a person's criminal record. Also termed expunction of record; erasure of record.

expurgation (ek-spar-gay-shan), n. The act or practice of purging or cleansing, as by publishing a book without its obscene passages. expurgate (eks-par-gayt), vb. expurgator (eks-par-gay-tar), n.

ex-rights date The date on which a share of common stock no longer offers privilege subscription rights.

exrogare (eks-ra-gair-ee), vb. [Latin]. See ABROGARE. exrx. abbr. EXECUTRIX.

ex-stock dividend Without stock dividend. The phrase often denotes the interval between the announcement and payment ofa stock dividend. A purchaser of shares during this interval is not entitled to the dividend, which goes to the seller.

extend debate To cancel or relax an otherwise applicable limit on debate. Also termed extend the limits of debate. See DEBATE. Cf. CLOSE DEBATE; LIMIT DEBATE.

extend the limits of debate See EXTEND DEBATE.

extended debate Debate that continues beyond an otherwise applicable limit. See EXTEND DEBATE.

extended debate- See DEBATE.

extended family See FAMILY.

extended family- 1. The immediate family together with the collateral relatives who make up a clan; GENS. 2. The immediate family together with collateral relatives and close family friends.

extended first mortgage See wraparound mortgage under MORTGAGE.

extended insurance See INSURANCE.

extended insurance Insurance that continues in force beyond the date that the last premium was paid by drawing on its cash value.

extended policy A policy that rema! ns In effect beyond the time when premiums are no longer paid.

extended policy See INSURANCE POLICY.

extended service contract See extended warranty under WARRANTY (2).

extended service warranty See extended warranty under WARRA!>fTY (2).

extended warranty See WARRANTY (2).

extended-coverage clause Insurance. A policy provision that insures against hazards beyond those covered (or excluded) in the basic policy.

extended-reporting-period endorsement See TAIL COVERAGE.

extended-term insurance Insurance that remains in effect after a default in paying premiums, as long as the policy has cash value to pay premiums. Many life-insurance policies provide this feature to protect against forfeiture of the policy if the insured falls behind in premium payments.

extended-term insurance See LNSURANCE.

extendi facias (ek-sten-di fay-shee-as). [Latin "you are to cause to be executed"]. See EXTENT (3).

extension 1. The continuation of the same contract for a specified period. Cf. RENEWAL (3). A continuation of the life of a patent for an additional statutorily allowed period. 3. A period of additional time to file an income-tax return beyond its due date. 4. A period of additional time to take an action, make a decision, accept an offer, or complete a task. extend, vb.

extension agreement An agreement providing additional time for the basic agreement to be performed.

extensive interpretation See INTERPRETATION.

extensive interpretation A liberal interpretation that applies a statutory provision to a case not falling within its literal words.

extensores (ek-sten-sor-eez), n. pl. Officers appointed to appraise and divide or apportion land; extenders or appraisers.

extent 1. A seizure of property in execution of a writ. 2. A writ issued by the Exchequer to recover a debt owed to the Crown, under which the debtor's lands, goods, or body could all be seized to secure payment. Also termed writ of extent; extent in chief 3. A writ giving a creditor temporary possession of the debtor's

extent in aid A writ that a Crown debtor could obtain against a person indebted to the Crown debtor so that the Crown debtor could satisfy the debt to the Crown. This writ, haVing been much abused because of some peculiar privileges that Crown debtors enjoyed, was abolished in 1947 by the Crown Proceedings Act.