extent in chiefSee EXTENT (2). |
extenuate(ek-sten-yoo-ayt), vb. To make less severe; to mitigate. |
extenuating circumstanceSee mitigating circumstance. |
extenuating circumstance-See mitigating circumstance under CIRCUMSTANCE. |
extenuation(ek-sten-yoo-ay-shan), The act or fact of making the commission of a crime or tort less severe. |
externSee CLERK (4). |
external actAn act involving bodily activity, such as speaking. |
external act-See ACT. |
external obsolescenceSee economic obsolescence. |
external obsolescenceSee economic obsolescence under OBSOLESCENCE. |
external sovereigntyThe power of dealing on a nations behalf with other national governments. |
external sovereigntySee SOVEREIGNTY (3). |
externality(usu. pI.). A consequence or side effect of one's economic activity, causing another to benefit without paying or to suffer without compensation. Also termed spillover; neighborhood effect. |
exterritorialSee EXTRATERRITORIAL. |
exterritorialitySee EXTRATERRITORIALITY. |
exterus(ek-star-as), n. [Latin]. A foreigner or alien; one born abroad. |
extinctadj. 1. No longer in existence or use. 2. (Of a debt) lacking a claimant. |
extinctive factSee divestitive fact under FACT. |
extinctive fact-See divestitive fact. |
extinctive prescriptionSee PRESCRIPTION (4). |
extinguish1. To bring to an end; to put an end to. 2. To terminate or cancel. 3. To put out or stifle. |
extinguishment of copyholdThe destruction of copyhold by a uniting of freehold and copyhold interests in the same person and in the same right. In England, under the 1922 Law of Property Act, copyholds were enfranchised and became either leasehold or, more often, freehold. See COPYHOLD. |
extinguishment of legacySee ADEMPTION. |
extinguishment of lienA lien's discharge by operation of law. |
extirpation(ek-star-pay-shan), n. 1. The act of completely removing or destroying something. 2. Damage to land intentionally done by a person who has lost the right to the land. |
extirpatione(ek-star-pay-shee-oh-nee), n. [Latin]. A writ issued either before or after judgment to restrain a person from maliciously damaging any house or extirpating any trees on land that the person had lost the right to possess. |
extiuguishmentThe cessation or cancellation of some right or interest. For example, the extinguishment of a legacy occurs when the item bequeathed no longer exists or no longer belongs to the testator's estate. |
extort1. To compel or coerce (a confession, etc.) by means that overcome one's power to resist. 2. To gain by wrongful methods; to obtain in an unlawful manner; to exact wrongfully by threat or intimidation. extortive, adj. |
extortion1. The offense committed by a public official who illegally obtains property under the color of office; esp., an official's collection ofan unlawful fee. Also termed common-law extortion. "The dividing line between bribery and extortion is shadowy. If one other than the officer corruptly takes the initiative and offers what he knows is not an authorized fee, it is bribery and not extortion. On the other hand, if the officer corruptly makes an unlawful demand which is paid by one who does not realize it is not the fee authorized for the service rendered, it is extortion and not bribery. In theory it would seem possible for an officer to extort a bribe under such circumstances that he would be guilty of either offense whereas the outraged citizen would be excused." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 538 (3d ed. 1982). 2. The act or practice of obtaining something or compelling some action by illegal means, as by force or coercion. Also termed statutory extortion. - extortionate, adj. "The distinction traditionally drawn between robbery by intimidation and blackmail or extortion is that a person commits robbery when he threatens to do immediate bodily harm, whereas he commits blackmail or extortion when he threatens to do bodily harm in the future." James Lindgren, "Blackmail and Extortion," in 1 Encyclopedia of Crime and Justice 115, 115 (Sanford H. Kadish ed., 1983). |
extortionate credit transactionSee LOANSHARKING. |
extra(ek-stra), prep. [Latin]. Beyond; except; without; out of; additional. |
extra allowanceIn New York practice, a sum in addition to costs that may, in the court's discretion, be awarded to the successful party in an unusually difficult case. See ALLOWANCE (5). |
extra commercium(eks-tra ka-mar-shee-am). [Latin] Outside commerce. This phrase was used in Roman and civil law to describe property dedicated to public use and not subject to private ownership. |
extra curtem domini(eks-tra kar-tem dom-a-ni). [Law Latin]. Beyond the domain of the superior. A vassal was not usu. required to perform a service (such as transporting grain) beyond the superior's jurisdiction. |
extra dividendSee extraordinary dividend under DIVIDEND. |
extra familiam(eks-tra fa-mil-ee-am). [Latin]. Outside the family. The phrase appeared in reference to the status of a child after forisfamiliation. Cf. INTRA FAMILIAM. |
extra feodum(eks-tra fee-a-dam). [Latin] Out of his fee; out of the seigniory. |
extra judicium(ek-stra joo-dish-ee-am). [Latin], Extra-judicial; out of court; beyond the jurisdiction. |
extra jus(ek-stra jas). [Latin], Beyond the law; more than the law requires. |
extra legem(ek-stra-lee-jam). [Latin]. Out ofthe law; out of the protection of the law. |
extra paternam jamiliam(eks-tra pa-tar-nam fa-mil-ee-am). [Law Latin]. Outside the father's family. Cf. INTRA PATERNAM FAMILIAM. |
extra praesentiam mariti(eks-tra pri-zen-shee-am ma-ri-ti or mar-a-ti). [Latin) Out of her husband's presence. |
extra quattuor maria(eks-tra kwah-too-ar mar-ee-a). [Latin]. Beyond the four seas; out of the kingdom of England. The reference is to the seas surrounding Great Britain. The phrase was traditionally used when explaining a husband's impossibility of access to his wife at the time of conception. |
extra regnum(eks-tra reg-nam). [Latin] Out of the realm. |
extra sessionSee special session. |
extra sessionSee special session under SESSION (1). |
extra territorium(eks-tra ter-a-tor-ee-am). [Latin]. Beyond or outside the territory. |
extra viam(eks-tra vi-am). [Latin "out of the way"]. A plaintiff's responsive pleading in a trespass action, asserting that the defendant's claim of a right-of-way across the plaintiff's land is not a defense to the action because the defendant strayed from the supposed rightof-way. |
extra vires(eks-tra vi-reez orveer-eez). See ULTRA VIRES. |
extra workSee WORK (1). |
extract(ek-strakt), n. 1. A portion or segment, as of a writing. 2. Scots law. See ESTREAT. |
extract-(ek-strakt), vb. To draw out or forth; to pull out from a fixed position. |
extracta curiae(ek-strak-ta kyoor-ee-ee). The issues or profits of holding a court, arising from customary dues, fees, and amercements. |
extraction. Intellectual propertyThe transfer of data from a database from the server where the database resides to a different computer or medium. '''Extraction' is something of a misnomer, given that the extracted contents will remain on the original database, and are accordingly copied from, not removed from, it. It is also somewhat Illogical that the contents must be removed to another medium. Removal to the same medium should also constitute extraction," Ingrid Winternitz, Electronic Publishing Agreements 28 (2000). |
extradite(ek-stra-dit), vb. 1. To surrender or deliver (a fugitive) to another jurisdiction. 2. To obtain the surrender of (a fugitive) from another jurisdiction. |
extradition(ek-stra-dish-an). The official surrender of an alleged criminal by one state or nation to another haVing jurisdiction over the crime charged; the return of a fugitive from justice, regardless of consent, by the author. Ities where the fugitive is found. Cf. RENDITION (2). |
extradition clauseThe clause of the u.s. Constitution providing that any accused person who flees to another state must, on request of the executive authority of the state where the crime was committed, be returned to that state. U.S. Const. art. IV, § 2, d. 2. |
extradition treatyA treaty governing the preconditions for, and exceptions to, the surrender ofa fugitive from justice by the country where the fugitive is found to another country claiming criminal jurisdiction over the fugitive. |
extradition warrantSee WARRANT (1). |
extradotal property(ek-stra,-doh-tal). 1. That portion of a wife s property over which she has complete control. 2. All of a wife s effects that have not been settled on her as dowry; any property that a wife owns apart from her dowry. In Louisiana, after January 1, 1980, all property acquired by the wife that is not community is neither dotal nor extradotal; it is simply her separate property, as has always been true of the husband. La. Civ. Code art. 2341. Also termed paraphernal property. Cf. dotal property. |
extradotal propertySee PROPERTY. |
extra-elements testA judicial test for determining whether a state-law claim is preempted by federal intellectual-property statutes under the Sears-Compco doctrine, the criterion being that if the claim requires proof of an extra element that makes the action qualitatively different from an infringement action based on federal law, the state action is not preempted. |
extrahazardousadj. Especially or unusually dangerous. This term is often applied to exceptionally dangerous railroad crossings. - Also termed ultrahazardous. |
extrahazardous activitySee ABNORMALLY DANGEROUS ACTIVITY. |
extrahura(ek-stra-hyoor-a), n. [Law Latin]. An animal that wanders about or strays without its owner; ESTRAY. |
extrajudicialadj. Outside court; outside the functioning of the court system <extrajudicial confessions>. Also termed out-oj-court. |
extrajudicial admissionAn admission made outside court proceedings. |
extrajudicial admission-See ADMISSION (1). |
extrajudicial confessionA confession made out of court, and not as a part of a judicial examination or investigation. Such a confession must be corroborated by some other proof of the corpus delicti, or else it is insufficient to warrant a conviction. Cf. judicial confession. |
extrajudicial confession-See CONFESSION. |
extrajudicial enforcementSee SELF-HELP. |
extrajudicial enforcement-See SELF-HELP. |
extrajudicial evidenceEvidence that does not come directly under judicial cognizance but nevertheless constitutes an intermediate link between judicial evidence and the fact requiring proof. It includes all facts that are known to the tribunal only by way of inference from some form of judicial evidence. See JUDICIAL NOTICE. Cf. judicial evidence. |
extrajudicial evidence-See EVIDENCE. |
extrajudicial oathSee OATH. |
extrajudicial oathAn oath that, although formally sworn, is taken outside a legal proceeding or outside the authority of law. - Also termed non-judicial oath. |
extrajudicial opinion1. An opinion that is beyond the court s authority to render. Such opinions are void. 2. A judge s personal or scholarly opinion expressed in a medium other than a judicial opinion. |
extrajudicial opinionSee OPINION (1). |
extrajudicial remedySee REMEDY. |
extrajudicial remedyA remedy not obtained from a court, such as repossession. Also termed self-help remedy. |
extrajudicial statementAny utterance made outside of court. It is usu. treated as hearsay under the rules of evidence. |
extralateral rightSee APEX RGLE. |
extralegaladj. Beyond the province of law. |
extramural powers(ek-stra-myuur-al). Powers exercised by a municipality outside its corporate limits. |
extranationaladj. Beyond the territorial and governing limits of a country. |
extraneous(ek-stray-nee-as), adj. See EXTRINSIC. |
extraneous evidenceSee extrinsic evidence (1) under EVIDEKCE. |
extraneous offenseAn offense beyond or unrelated to the offense for which a defendant is on trial. |
extraneous offenseSee OFFENSE (1). |
extraneous questionA question that is beyond or beside the point to be decided. |
extraneus(ek-stray-nee-as), n. & adj. [Latin "outside"]. 1. Hist. A person who is foreign-born; a foreigner. 2. Roman law. An heir not born in the family of the testator; a citizen of a foreign state. |
extraordinary averageA contribution by all the parties concerned in a commercial voyage - whether for vessel or cargo - toward a loss sustained by some of the parties in interest for the benefit of all. |
extraordinary average-See AVERAGE. |
extraordinary careSee great care. |
extraordinary care-See great care under CARE. |
extraordinary circumstancesA highly unusual set of facts that are not commonly associated with a particular thing or event. |
extraordinary circumstances-See CIRCUMSTANCE. |
extraordinary dangerSee extraordinary hazard under HAZARD (1). |
extraordinary diligenceExtreme care that a person of unusual prudence exercises to secure rights or property. |
extraordinary diligence-See DILIGENCE. |