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extraordinary dividend A dividend paid in addition to a regular dividend, usu. because of exceptional corporate profits during the dividend period. - Also termed extra dividend; nonrecurring diVidend; special dividend.

extraordinary dividend- See DIVIDEND.

extraordinary expense An unusual or infrequent expense, such as a write-off of goodwill or a large judgment. As used in a constitutional provision authorizing a state to incur extraordinary expenses, the term denotes an expense for the general welfare compelled by an unforeseen condition such as a natural disaster or war. Also termed extraordinary item.

extraordinary expense- See EXPENSE.

extraordinary flood A flood whose occurrence is not predictable and whose magnitude and destructiveness could not have been anticipated or provided against by the exercise of ordinary foresight; a flood so unusual that a person of ordinary prudence and experience could not have foreseen it. See ACT OF GOD.

extraordinary gain See GAIN (3).

extraordinary gain- A gain that is both unusual and infrequent, such as the gain realized from selling a large segment of a business.

extraordinary grand jury See special grarld jury under GRAND JURY.

extraordinary hazard See HAZARD (1).

extraordinary hazard- Workers' compensation. An unusual occupational danger that is increased by the acts of employees other than the injured worker. Also termed extraordinary danger; extraordinary risk.

extraordinary item See extraordinary expense under EXPENSE.

extraordinary loss See LOSS.

extraordinary majority See supermajority under MAJORITY.

extraordinary relief See RELIEF.

extraordinary relief Judicial relief that exceeds what is typically or customarily granted but is warranted by the unique or extreme circumstances of a situation. The types of extraordinary relief most frequently sought are injunctions and extraordinary writs, esp. mandamus. See INJUNCTION; MANDAMUS. Cf. extraordinary writ under WRIT.

extraordinary remedy A remedy - such as a writ of mandamus or habeas corpus - not available to a party unless necessary to preserve a right that cannot be protected by a standard legal or equitable remedy. Because there is no agreed list of extraordinary remedies, some standard remedies - such as preliminary and permanent injunctions - are sometimes described as extraordinary.

extraordinary remedy See REMEDY.

extraordinary rendition The transfer, without formal charges, trial, or court approval, ofa person suspected of being a terrorist or supporter of a terrorist group to a foreign nation for imprisonment and interrogation on behalf of the transferring nation. When an innocent person is subjected to extraordinary rendition, it is also termed erroneous extradition. When a transfer is made to a nation notorious for humanrights violations, it may be colloquially termed torture by proxy or torture flight.

extraordinary rendition See RENDITION.

extraordinary risk See extraordinary hazard under HAZARD (1).

extraordinary session See special session under SESSION (I).

extraordinary session See special session.

extraordinary writ See WRIT.

extraordiuary repair As used in a lease, a repair that is made necessary by some unusual or unforeseen occurrence that does not destroy the building but merely renders it less suited to its intended use; a repair that is beyond the usual, customary, or regular kind.

extraparochial (ek-stra-pa-roh-kee-al), adj. Out of a parish; not within the bounds or limits of any parish.

extrapolate (ek-strap-a-Iayt), vb. 1. To estimate an unknown value or quantity on the basis of the known range, esp. by statistical methods. 2. To deduce an unknown legal principle from a known case. 3. To speculate about possible results, based on known facts. - extrapolative (-lay-tiv or -Ia-tiv), extrapolatory (-la-tor-ee), adj. extrapolator (-Iay-tar), n.

extrapolation (ek-strap-a-Iay-shan), n. (1. The process of estimating an unknown value or quantity on the basis of the known range of variables. 2. The process by which a court deduces a legal principle from another case. 3. The process ofspeculating about possible results, based on known facts.

extras Construction law. Contractual amendments in the nature of additions that were not originally part of the contract, requested by an owner of a building under construction. Cf. CHANGE ORDER (1).

extraterritorial adj. Beyond the geographic limits of a particular jurisdiction. Also termed exterritorial.

extraterritorial jurisdiction See JURISDICTION.

extraterritorial jurisdiction A courts ability to exercise power beyond its territorial limits. See LONG-ARM STATUTE.

extraterritorial recognition of rights See private international law under INTERNATIONAL LAW.

extraterritoriality The freedom of diplomats, foreign ministers, and royalty from the jurisdiction of the country in which they temporarily reside. - Also termed exterritoriality. See diplomatic immunity under IMMUNITY (1).

extravagantes (ek-strav-a-gan-teez), n. pl. [Law Latin "wanderings"]. Eccles. law. Papal constitutions and decretal epistles of Pope John xxn and certain of his successors. These epistles were so called because they were not digested or arranged with the other papal decretals, but appeared detached from canon law. The term remained even after the epistles were later included in the body of canon law.

extreme cruelty As a ground for divorce, one spouse's physical violence toward the other spouse, or conduct that destroys or severely impairs the other spouse's mental health. Also termed cruel and inhumane treatment. Cf. ABUSE (2).

extreme cruelty- See CRUELTY.

extreme force See deadly force under FORCE.

extreme force- See deadly force.

extrinsic adj. From outside sources; of or relating to outside matters. - Also termed extraneous.

extrinsic ambiguity See latent ambiguity.

extrinsic ambiguity- See latent ambiguity under AMBIGUITY.

extrinsic evidence 1. Evidence relating to a contract but not appearing on the face of the contract because it comes from other sources, such as statements between the parties or the circumstances surrounding the agreement. Extrinsic evidence is usu. not admissible to contradict or add to the terms of an unambiguous document. - Also termed extraneous evidence; parol evidence; evidence aliunde. 2. Evidence that is not legitimately before the court. Cf. intrinsic evidence. 3. Evidence that is calculated to impeach a witness's credibility, adduced by means other than cross-examination of the witness .o The means may include evidence in documents and recordings and the testimony of other witnesses. See Fed. R. Evid. 60S(b) & note. "Under [Federal Rule of Evidence] 608(b), if the witness denies engaging in untruthful misconduct, the crossexaminer must 'take the witness' answer,' meaning the questioner may not introduce extrinsic evidence to contradict the witness' denial through other witness testimony or the introduction of impeaching documents, or indeed any other evidence than the cross-examination, even if the questioner waits until it is his turn to put on evidence." Paul F. Rothstein, The Federal Rules of Evidence 312 (3d ed. 2003).

extrinsic evidence- See EVIDENCE.

extrinsic fraud See FRAUD.

extrinsic fraud- 1. Deception that is collateral to the issues being considered in the case; intentional misrepresentation or deceptive behavior outside the transaction itself (whether a contract or a lawsuit), depriving one party of informed consent or full participation. For example, a person might engage in extrinsic fraud by convincing a litigant not to hire counselor answer by dishonestly saying the matter will not be pursued. Also termed collateral fraud. 2. Deception that prevents a person from knowing about or asserting certain rights.

extrinsic test A test for determining whether two ideas or works are substantially similar by listing and analyzing like and unlike elements. The test may be applied and decided by the trier oflaw rather than the trier of fact. Cf. INTRINSIC TEST.

exuere patriam (eg-z[y]oo-a-ree pay-tree-am), vb. [Latin]. To renounce one's country or native allegiance; to expatriate oneself.

exulare (eks-[y]a-lair-ee), vb. [Latin]. To exile or banish.

exuperare (eg-z[y]oo-pa-rair-ee), vb. [Latin]. To overcome; to apprehend or take.

EXW abbr. EX WORKS.

ex-works price See PRICE.

ex-works price The price of goods as they leave the factory. See EX WORKS.

eyde (ayd), n. [Law French]. Aid; assistance; relief; subsidy.

eye for an eye See LEX TALIONIS.

eye of the law The law as a personified thinker; legal contemplation <dead people are no longer persons in the eye of the law>.

eyewitness One who personally observes an event. Cf. EARWITNESS.

eyewitness identification A naming or description by which one who has seen an event testifies from memory about the person or persons involved.

eygne (ayn), n. See EIGNE.

eyre (air). [Old French eire "journey, march"] (12c). A system of royal courts sent out into the counties by the Crown to investigate allegations of wrongdOing, to try cases, and to raise revenue for the Crown through the levy of fines. - The eyre system was abolished in the 13th century. See ARTICLES OF THE EYRE; JUSTICE IN EYRE. 'In 1176 the itinerant justices were organised into six circuits .... The justices assigned to these circuits, who numbered as many as twenty or thirty at a time in the 1180s, were known as justiciae errantes (later justidarU in itinere, justices in eyre); and the French word 'eyre' became the name of one of the most prominent forms of royal justice until the time of Edward III. Every so often a 'general eyre' would visit a county, bringing the kiog's government with it.... The general eyre, were not merely law courts; they were a way of supervising local government through itinerant central government." J.H. Baker, An Introduction to English Legal History 19 (3d ed. 1990)

eyrer (air-ar), vb. [Law French]. (12c), To travel or journey; to go about.

F 1. abbr. The first series of the Federal Reporter, which includes federal decisions (trial and appellate) from 1880 to 1924.2. Hist. A letter branded on a felon who claimed benefit of clergy so that the felon could claim the benefit only once. Additionally, those convicted for an affray (fray) or falsity were so branded. "He that shall maliciously strike any person with a Weapon in Church or Churchyard. or draw any Weapon there with intent to strike, shall have one of his Ears cut off; and, if he have no Ears, then shall be marked on the Cheek with a hot Iron, having the Letter F, whereby he may be known for a Fray-maker or Fighter." Thomas Blount, Noma-Lexicon: A Law-Dictionary (1670). "F, Is a Letter wherewith Feions, &c. are branded and marked with an hot Iron, on their being admitted to the Benefit of Clergy." Giles Jacob, A New Law-Dictionary (8th ed. 1762).

f reorganization See REORGANIZATION (2).

F reorganization A reorganization involving a mere change in a corporation s identity, form, or place of organization.

F. Cas abbr. Federal Cases, a series of reported decisions (1789-1880) predating the Federal Reporter.

F.2d abbr. The second series of the Federal Reporter, which includes federal appellate decisions from 1924 to 1993.

F.3d abbr. 'llie third series of the Federal Reporter, which includes federal appellate decisions from 1993.

F.R.D abbr. Federal Rules Decisions; a series of reported federal court decisions (beginning in 1938) that construe or apply the Federal Rules of Civil and Criminal Procedure. Also included are rule changes, ceremonial proceedings of federal courts, and articles on federal-court practice and procedure. Often written FRD.

F.Supp abbr. Federal Supplement, a series of reported decisions of the federal district courts (from 1932 to 1998), the u.S. Court of Claims (1932 to 1960), and the u.S. Customs Court (from 1949 to 1998, but renamed the Court of International Trade in 1980). It is the first of the Federal Supplement series.

F.Supp.2d abbr. The second series of the Federal Supplement, which includes decisions of federal district courts and the Court ofInternational Trade from 1997 to the present. Some of the F.Supp. volumes contain cases from 1998 and some of the F.Supp.2d volumes contain cases decided in 1997.

f/d/b/a abbr. Formerly doing business as.

FAA abbr. 1. FEDERAL AVIATION ADMINISTRATION. 2. FEDERAL ARBITRATION ACT. 3. FREE OF ALL AVERAGE.

fabric land Land given toward the maintenance, repair, or rebuilding of a cathedral or other church. This term derives from funds given ad fabricam ecclesiae reparandam ("to repair the fabric of the church"). "Fabrick-Lands are lands given towards the maintenance, rebuilding, or repair of Cathedrals or other churches .... In antient time almost everyone gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv"d." Thomas Blount, Noma-Lexicon: A Law-Dictionarv (1670).

fabric land See LAND.

fabricare (fab-ra-kair-ee), vb. [Law Latin "to make"]. 1. To make a coin lawfully or unlawfully, 2. To forge, esp. a bill of lading. The term sometimes appeared in indictments:fabricavit et contrafecit ("[he] forged and counterfeited").

fabricate To invent, forge, or devise falsely. To fabricate a story is to create a plausible version of events that is advantageous to the person relating those events. The term is softer than lie. See LIE (1).

fabricated fact See fabricated evidence under EVIDENCE.

fabricated evidence False or deceitful evidence that is unlawfully created, usu. after the relevant event, in an attempt to achieve or avoid liability or conviction. - Also termed fabricated fact.

fabricated evidence- See EVIDENCE.

fabricated fact- See fabricated evidence under EVIDENCE.

fabula (fab-ya-Ia). [Law Latin]. A contract or covenant, esp. a nuptial contract.

FAC abbr. Failure to answer a (traffic) citation. In some jurisdictions, ifsomeone fails to respond after receiving a ticket, the court notifies the relevant administrative agency, which records this information and suspends the defendant's driver's license until the FAC is vacated and any fines or fees are paid.

FACE abbr. FREEDOM OF ACCESS TO CLINIC ENTRANCES ACT.

face 1. The surface of anything, esp. the front, upper, or outer part <the face of a clock>. 2. Byextension, the apparent or explicit part ofa writing or record <the fraud must appear on the face of the record>. 3. The inscribed side of a document, instrument, or judgment <although the contract appeared valid on its face, the buyer did not have the legal capacity to enter into it>.

face amount 1. PAR VALUE. 2. Insurance. The amount payable under an insurance policy. Also termed face value;face amount insured by the policy;face ofpolicy.

face amount insured by the policy See FACE AMOUNT.

face of policy See FACE AMOUNT.

face rate See nominal rate.

face rate See nominal rate under INTEREST RATE.

face value 1. FACE AMOUNT. 2. PAR VALUE.

face-amount certificate 1. A certificate, investment contract, or other security representing an obligation by its issuer to pay a stated or determinable sum, at a fixed or determinable date or dates more than 24 months after the date of issuance, in consideration of the payment of periodic installments of a stated or determinable amount. Also termed face-amount certificate ofthe installment type. 2. A security representing a similar obligation on the part of the issuer of a face-amount certificate, the consideration for which is the payment of a single lump sum. See 15 USCA § 80a-2(a)(15). Also termed fully paid face-amount certificate.

face-amount certificate See STOCK CERTIFICATE (1).

face-amount certificate company An investment company that is engaged or proposes to engage in the business of issuing face-amount certificates of the installment type, or that has been engaged in this business and has such a certificate outstanding. See investment company.

face-amount certificate company- See COMPANY.

face-amount certificate ofthe installment type See face-amount certificate (1) under STOCK CERTIFICATE (1).

facial adj. Apparent; of or relating to the face of things; prima facie <a facial challenge to the statute>.

facial attack A challenge to the sufficiency of a complaint, such as a motion to dismiss in federal practice.

facial challenge A claim that a statute is unconstitutional on its face that is, that it always operates unconstitutionally. 2. A party's request that a judge disqualify a potential juror or an entire jury panel <the personal-injury plaintiff used his last challenge to disqualify a neurosurgeon>. Also termed jury challenge.

facial challenge- See CHALLENGE (1).

facially sufficient adj, (Of a document) appearing valid on its face. A search-warrant affidavit's facial sufficiency will not protect it from attack if the affidavit is based on false testimony by the officer making the affidavit. See FRANKS HEARING.

facially void See VOID.