, without legal authOrity, takes on the responsibil
ity to act as an executor or administrator of a dece
dent's property, usu. to the detriment of the estate's
beneficiaries or creditors. [Cases: Executors and
Administrators
"Executor de son tort~ or, executor of his own wrong. Is he
that takes upon him the office of an executor by intrusion,
not being so constituted by the testator." The Pocket Lawyer
and Family Conveyancer 98 (3d ed. 1833).

652 executor fund
executor lucratus (loo-kray-t;)s). An executor who has
assets of the testator, the latter having become liable
by wrongfully interfering with another's property.
executor testamentarius. See executor a testa tore con
stitutus.
executor to the tenor. Eccles. law. A person who is not
named executor in the will but who performs duties
similar to those ofan executor.
general executor. (18c) An executor who has the power
to administer a decedent's entire estate until its final
settlement.
independent executor. (1877) An executor who, unlike
an ordinary executor, can administer the estate with
very little supervision by the probate court . Only
a few states mostly in the West and Southwest
allow testators to designate independent executors.
But lawyers routinely write wills that relieve a trusted
executor from obtaining appraisals, from providing
inventories and surety bonds, and from obtaining
court approval "to the maximum extent permitted
by law." The Uniform Probate Code endorses inde
pendent administration, and it is the usual process
unless a party demands court-supervised administra
tion. Also termed nonintervention executor. [Cases:
Executors and Administrators 75.J
joint executor. (17c) One oftwo or more persons named
in a will as executor ofan estate. Also termed coex
ecutor. [Cases: Executors and Administrators
123.J
limited executor. (18c) An executor whose appoint
ment is restricted in some way, such as time, place,
or subject matter.
literary executor. Copyright. A limited-purpose
executor appointed to manage copyrighted materi
als in an estate. [Cases: Executors and Administra
tors
nonintervention executor. See independent executor.
special executor. (18c) An executor whose power is
limited to a portion of the decedent's estate. [Cases:
Executors and Administrators (;::.22.J
substituted executor. U8c) An executor appointed to
act in the place ofan executor who cannot or will not
perform the duties. [Cases: Executors and
Administrators
temporary executor. See acting executor.
3. (eg-zek-ya-t;)r) Patents. One who represents a legally
incapacitated inventor. [Cases: Patents (;::102.J -exe
cutorial, adj. executorship, n.
executor fund. See FUND (1).
executor's bond. See BOND (2).
executory (eg-zek-y;)-tor-ee), adj. (16c) 1. Taking full
effect at a future time <executory judgment>. 2. To be
performed at a future time; yet to be completed <execu
tory contract>.
executory accord. See ACCORD (2). executory bequest. See BEQUEST.
executory consideration. See CONSIDERATION (1).
executory contract. See CONTRACT.
executory covenant. See COVENANT (1).
executory devise. See DEVISE.
executory interest. (1833) A future interest, held by a
third person, that either cuts off another's interest or
begins after the natural termination of a preceding
estate. Cf. REMAINDER. [Cases: Estates in Property
1.J
"What is an executory interest? Here is a pretty good defini
tion: An executory interest is any future interest created in
a person other than the transferor that is not a remainder-.
Here are five classic examples of executory interest: (1) o transfers 'to A for then, one day after A's death, to
the heirs of A.' The creates a springing executory
interest in those who will be A's heirs. (2) 0 transfers 'to
A for 200 years if he shall so long live, then to the heirs of
A.' This transfer also creates a springing executory interest
in A's prospective heirs, (3) 0 transfers 'to A and his heirs
five years from the date of this deed.' A owns a springing
executory interest. (4) 0, when B is fifteen, transfers 'to
A for life; then no sooner than one day after A's death, to
B and his heirs if B ever reaches 21.' B owns a springing
executory interest. (5) 0 transfers 'to A and his heirs; but if
A marries X, to B and his heirs.' B owns a shifting executory
interest." Thomas F. Bergin & Paul G. Haskell, Preface to
Estates in Land and Future Interests 80 (2d ed. 1984).
shifting executory interest. An executory interest that
operates in defeasance ofan interest created simulta
neously in a third person. [Cases: Wills ~625.J
springing executory interest. An executory interest
that operates in defeasance of an interest left in the
transferor. [Cases: Wills
executory judgment. See JUDGMENT.
executory limitation. See LIMITATION.
executory process. Civil law. I. A process that can be
resorted to either (1) when the right ofa creditor arises
from an act importing a confession of judgment, and
that contains a privilege or mortgage in the creditor's
favor, or (2) when the creditor demands the execution
of a judgment that has been rendered by a different
tribunal. 2. An accelerated procedure, summary in
nature, by which the holder ofa mortgage or privilege
evidenced by a confession ofjudgment seeks to effect an
ex parte seizure and sale of the subject property. [Cases:
Chattel Mortgages Mortgages G'-;:;499.j
executory remainder. See contingent remainder under
REMAINDER.
executory sale. See SALE.
executory trust. See TRUST.
executory unilateral accord. (l940) 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-p-triks), n. Archaic. A female
executor. ~Abbr. exrx. Also termed executress. PI.

653
executrixes (eg-zek-Y<l-trik-s<lz), executrices (eg-zek
Y<l-trl-seez). See EXECUTOR.
executry. Scots law. 1. Executorship. See EXECUTOR (1),
(2). 2. The movable property of a decedent.
exedos (e-he-thohs), n. See EJIDOS.
exemplar (eg-zem-pl<lr or -plahr), n. (lSc) 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. [Cases: Criminal Law C='404.85;
Evidence
exemplary, adj. (16c) 1. Serving as an ideal example;
commendable <exemplary behavior>. 2. Serving
as a warning or deterrent; admonitory <exemplary
damages>.
exemplary damages. See punitive damages under
DAMAGES.
exemplary substitution. See SUBSTITUTION (5).
exemplification, n. (l6c) An official transcript ofa public
record, authenticated as a true copy for use as evidence.
[Cases: Criminal Law Evidence C=' 338.]
exemplify, vb.
exemplificatione (eg-zem-pl<l-f<l-kay-shee-oh-nee).
[Latin] A writ granted for the exemplification or tran
script ofan original record.
exemplified copy. See certified copy under COPY.
exempli gratia (eg-zem-ph gray-shee-<l or ek-sem-plee
grah-tee-<l). [Latin] (17c) For example; for instance. -
Abbr. e.g. or (rarely) ex. gr.
exemplum (eg-zem-pldm), n. [Latin] (19c) Civil law. A
copy; a written authorized copy.
exempt, adj. (14c) Free or released from a duty or lia
bility to which others are held <persons exempt from
military service> <property exempt from sequestra
tion>. -exempt, vb. exemptive, adj.
exempt income. See INCOME.
exemption. (14c) 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. [Cases: Exemptions 1; Home
stead 1.] 3. Tax. An amount allowed as a deduc
tion from adjusted gross income, used to determine
taxable income. Cf. DEDUCTION (2). [Cases: Internal
Revenue Taxation 3518.]
dependency exemption. (1920) A tax exemption
granted to an individual taxpayer for each depen
dent whose gross income is less than the exemption
amount and for each child who is younger than 19
or, if a student, younger than 24. [Cases: Internal
Revenue C=>3294; Taxation 3519.]
personal exemption. (1920) An amount allowed as a
deduction from an individual taxpayer's adjusted
gross income. (Cases: Internal Revenue C=>3295;
Taxation C=~)3501, 3519.] exequatur
exemption clause. (1840) A contractual provision pro
viding 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. [Cases: Contracts C='114, 189.5.]
''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 obli
gations, 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
ofContract 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. (1839) 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). (Cases: Exemptions Homestead
C-~1.1
ex empto (eks emp-toh). (Latin] Roman & civil law. Out
ofpurchase; founded on purchase.
exempt organization. An organization that is either
partially or completely exempt from federal income
taxation. See CHARITABLE ORGANIZATION. [Cases:
Internal Revenue C='404S-4071.]
exempt property. (1839) 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. [Cases: Exemptions Homestead
1.]2. Personal property that a surviving spouse is auto
matically entitled to receive from the decedent's estate.
[Cases: Executors and Administrators
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. [Cases: Securities
Regulation C-'18.10-l8.30.]
exennium (eg-zen-ee-<lm), n. [Latin] Hist. A gift, esp. one
given at the new year.
ex eo quodplerumque fit (eks ee-oh kwod pli-r:.>m-kwee
fit). [Latin] Hist. From that which generally happens.
exequatur (ek-s<l-kway-tClr). [Latin "let it be executed"]
(l7c) A written official recognition and authorization

654 exequitate
ofa 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 Interna
tional Law  100, at 162-63 (5th ed. 1878).
ex equitate (eks ek-wa-tay-tee). [Latin] Hist. According
to equitable rules.
ex


ex equitate (eks ek-wa-tay-tee). [Latin] Hist. According
to equitable rules.
exercise, vb. (14c) 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 commodi
ties>. -exercise, n.
Exercise Clause. See FREE EXERCISE CLAUSE.
exercise of judgment. (17c) The use of sound discre
tion -that is, discretion exercised with regard to
what is right and equitable rather than arbitrarily or
willfully.
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"] (17c)
Civil law. The person to whom the profits ofa ship tem
porarily belong, whether that person is the owner, char
terer, or mortgagee. -Also termed exercitor maris;
exercitor navis. Cf. SHIP'S HUSBAND.
exercitoria actio. See actio exercitoria under ACTIO.
exercitorial power (eg-zar-si-tor-ee-al). The trust given
to a shipmaster.
exercitor maris (eg-zClr-si-tar mar-is). See EXERCITOR.
exercitor navis (eg-zar-si-tar nay-vis). See EXERCITOR.
exercituale (eg-zar-sich-oo-ay-Iee), n. [Law Latin, ff.
Latin exercitus "an army"] Hist. A heriot paid only in
arms, horses, or military accouterments. See HERIOT.
exercitus (eg-zar-si-tas), n. [Latin "an army"] Hist. An
army; an armed force . Ofindefinite number, the term
was applied on various occasions to a gathering of 42
armed men, of 35, or even of4.
ex eventu (eks i-ven-t[y]oo). [Latin] Hist. After the event;
following the occurrence.
exfacie (eks fay-shee-ee or -shee or -sha). [Latin] (1861)
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] Hist. 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 oflaw. ex figura verborum (eks fi-gyuur-d vdr-bor-dm). [Law
Latin] Hist. By the form of the words used . A defec
tive deed could not be fixed merely by calling it some
thing else.
exfraude creditorum (eks fraw -dee kred -kred -i -tor-dm).
[Law Latin] Hist. On the ground offraud toward credi
tors. 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.
ex. gr. abbr. EXEMPLI GRATIA.
ex gratia (eks gray-shee-d or grah-tee-d). [Latin "by
favor"] (18c) As a favor; not legally necessary. -Also
termed a gratia.
ex gratia payment. (1916) A payment not legally
required; esp., an insurance payment not required to
be made under an insurance policy. [Cases: Insurance
C=3615(1).]
ex gravi querela (eks gray-vI kwa-ree-la). [Latin "from
or on the grievous complaint"] Hist. A writ that lay for
a person to whom any lands or tenements in fee were
devised by will (within any city, town, or borough in
which lands were devisable by custom), against an heir
ofthe devisor who entered and detained them from the
devisee. The writ was abolished by the Real Property
Limitation Act (1833). St. 3 & 4 Will. 4, ch. 27,  36.
exhausted ballot. See exhausted vote under VOTE (1).
exhausted combination. See old combination under
COMBINATION.
exhausted-combination rejection. See old-combination
rejection under REJECTION.
exhausted vote. See VOTE (1).
exhaustion of remedies. (1876) 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 ofadminis
trative remedies. [Cases: Administrative Law and Pro
cedure C=229.]
"The traditional rule can ... be fairly simply stated. A
litigant must normally exhaust state 'legislative' or 'admin
istrative' 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).
vicarious exhaustion of remedies. The rule that if
one member of a class satisfies a requirement to
exhaust administrative remedies, that is enough
for all others similarly situated to be considered as
having exhausted the remedies. -Often shortened

655
to vicarious exhaustion. [Cases: Administrative Law
exhaustiou-of-rights doctriue. Int'llaw. 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-EXHAUS
TION DOCTRINE.
exhaustion ofstate remedies. (1944) 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. [Cases: Habeas Corpus
(;':::2319-352.J
exhibere (ek-5;)-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, n. (17c) 1. A document, record, or other tangible
object formally introduced as evidence in court.
[Cases: Criminal Law C-=>404.5; Evidence (;:.'188.] 2.
A document attached to and made part ofa pleading,
motion, contract, or other instrument.
exhibit, vb. Archaic. To bring a lawsuit by filing (a bill).
exhibitio billae (ek-s;)-bish-ee-oh bil-ee). [Latin] Hist.
The commencement of a suit by presenting or exhibit
ing a bill to the court.
exhibition. Scots law. An action to compel the produc
tion or delivery ofdocuments.
exhibitionism, n. (1893) The indecent display of one's
body. -exhibitionist, adj. & 11.
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 expecta11cy.
exhibit list. (1929) 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. lCases: Federal Civil Procedure
1941; Pretrial Procedure (;':::2744,752.] 2. A
document prepared during a trial by the clerk or a court
room deputy to identify by number and description the
exhibits that the parties have entered into evidence.
exhibitory interdict. See INTERDICT (1).
exhumation (eks-hyoo-may-sh;)n or eg-zyoo-), 11. (18c)
The removal from the earth ofsomething buried, esp.
a human corpse; disinterment. [Cases: Dead Bodies
ex hypothesi (eks hI-poth-;)-sI). [Latin] Hypotheti
cally; by hypothesis; on the assumption <conviction
for a felony is ex hypothesi impossible in the case of
suicide>. ex ingenio
exidos (e-hee-thohs), 11. See EfIDOS.
exigency (ek-s;)-j;)n-see), 11. (16c) A state of urgency; a
situation requiring immediate action. Also termed
exige11ce.
exigendary (ek-s;)-jen-d<l-ree), n. See EXIGENTER.
exigent, adj. (17c) Requiring immediate action or aid;
urgent <exigent circumstances>.
exigent (ek-s;)-j;)nt), n. Hist. 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. See CIRCUMSTANCE.
exigenter (ek-s;)-jen-t;)r), rl. (16c) Hist. 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 exige11dary.
exigent list. A list of cases set down for hearing upon
various incidental and ancillary motions and rules.
exigent search. See SEARCH.
exigible (ek-s;)-j;)-b;)l), adj. (17c) Requirable; demandable
(as a debt). Cf. PRESTABLE.
exigible debt. See DEBT.
exigifadas (ek-sCl-jI fay-shee-Cls). [LatinlThat 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, n. (14c) 1. Expulsion from a country, esp. from the
country ofone's origin or longtime residence; banish
ment.
forced exile. Compelled removal or banishment from
one's native country.
2. A person who has been banished. 3. A prolonged vol
untary absence from one's home country. exile, vb.
exilium (eg-zil-ee-;)m), 11. [Latin "exile"] Hist. 1.
the act ofdriving away or despoiling. 2. A type of waste
consisting in the driving away of an estate's bondser
vants and tenants by demolishing their homes or by
enfranchiSing the bondservants and then turning them
out of their homes.
Ex-1m Bank. See EXPORT-IMPORT BANK OF THE UNITED
STATES.
ex incommodo (eks in-kom-;)-doh). [Latin) Hist. On
account ofinconvenience . An argument based solely
on inconvenience was usu. rejected.
ex incontinenti (eks in-kon-td-nen-tr). [Latin] Hist.
Without delay; in a summary manner.
ex industria (eks in-das-tree-;). [Latin] With contriv
ance or deliberation; designedly; on purpose.
ex ingenio (eks in-jeu-ee-oh). [Latin] Hist. According to
the judgment ofanyone.

656 ex instrumentis de novo repertis
ex instrumentis de novo repertis (eks in-stra-men-tis
dee noh-voh rep-ar-tis). [Law Latin) Hist. On account
of documents newly or recently found . The phrase
appeared in reference to a basis for altering a decree.
See INSTRUMENTA NOVITER REPERTA.
ex integro (eks in-t::l-groh). [Latin] Anew; afresh.
ex intervallo (eks in-t::lr-val-oh). [Latin] Hist. At some
interval.
existent corner. See CORNER.
existimatio (eg-zis-t::l-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::l
may-shee-oh-neez).
exit, n. (16c) 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-t::ls), n. [Latin] Hist. 1. Children;


case. exit, vb.
exitus (ek-si-t::ls), n. [Latin] Hist. 1. Children; offspring. 2.
The rents, issues, and profits oflands and tenements. 3.
An export duty. 4. The conclusion ofa pleading.
ex jure (eks juur-ee). [Latin] Of or by legal right.
ex jure naturae (eks joor-ee n::l-t[y]oor-ee). [Latin] Hist.
According to the law of nature.
ex jure representation is (eks joor-ee rep-ri-zen-tay-shee
oh-nis). [Law Latin] Hist. According to the law of rep
resentation.
exjusta causa (eks j3s-ta kaw-z::l). [Latin] From a just or
lawful cause; by a just or legal title.
exjustitia (eks j ..s-tish-ee-::l). [Latin] From justice; as a
matter ofjustice.
exlegalitas (eks-Ia-gay-la-tas), n. [Law Latin] Hist. 1.
Outlawry; outside the law's protection. 2. A person
who is prosecuted as an outlaw.
ex legal municipal bond. See BOND (3).
exlegare (eks-Ia-gair-ee), vb. [Law Latin] Hist. To outlaw;
to deprive of the benefit and protection ofthe law.
ex lege (eks lee-jee or lay-gay). [Latin] By virtue oflaw; as
a matter oflaw <property forfeited ex lege>.
"Antecedent rights 'in personam' ... either arise or do not
arise out of a contract .... In the latter case, since they
arise from facts of various kinds to which it pleases the Law
to affix similar results, we shall describe them as rights ex
lege'; and it will be convenient to consider the rights which
arise thus variously before treating of those which arise
solely from contract .... The rights which we describe as
arising 'ex lege' were described by the Roman lawyers as
arising 'quasi ex contractu,' and more simply, 'ex variis
causarum figuris.'" Thomas E. Holland, The Elements of
Jurisprudence 246-47 (l3th ed. 1924).
ex legibus (eks lee-ja-bas). [Latin "according to the laws"]
Hist. To be interpreted according to both the letter and
the spirit ofthe law.
exlex (cks-Ieks), n. [Law Latin] Hist. An outlaw; one who
is outside the law's protection. ex licentia regis (eks h-sen-shee-a ree-jis). [Latin] By the
king's license.
ex locato (eks loh-kay-toh). [Latin) Roman law. From
lease; out ofletting. This term referred to an action
or right of action arising out of a contract of hiring,
bailment for reward, or employment. See actio loeati
under ACTIO.
ex maleficio (eks mal-::l-fish-ee-oh), adv. [Latin] By mal
feasance.
ex maleficio, adj. [Latin] Tortious.
ex malitia (eks ma-lish-ee-a). [Latin] Hist. From malice;
maliciously . In the law ofdefamation, the term refers
to a publication that is false and without legal excuse.
ex malo regimine (eks mal-Ioh ri-jim-a-nee). [Latin]
Hist. From bad treatment.
ex mandato (eks man-day-toh). [Latin] Hist. According
to the mandate; arising from a mandate .
ex mere motu (eks meer-oh moh-tyoo). [Latin "on his
mere motion"] Hist. Voluntarily; without suggestion
or influence from another person. The phrase was
formerly sometimes used in reference to a court, as an
equivalent ofsua sponte or on its own motion. See SUA
SPONTE.
ex metu carceris (eks mee-t[y]00 kahr-sar-is). [Latin]
Hist. From fear of imprisonment.
ex mora (eks mor-a). [Latin] Civil law. From or in conse
quence ofdelay. Interest is allowed ex mora -that is,
if there has been delay in repaying borrowed money.
ex mora debitoris (eks mor-a deb-i-tor-is). [Latin] Hist.
On account of the debtor's delay . The phrase appeared
in reference to a basis for charging interest on a debt.
ex more (eks mor-ee). [Latin] According to custom.
ex mutuo (eks myoo-choo-oh). [Latin] From or out of
loan. In old English law, a debt was said to arise ex
mutuo when one lent another anything that consisted
in number, weight, or measure.
ex natura (eks na-t[y]oor-a). [Latin] Hist. Naturally;
according to nature.
ex naturafeudi (eks na-t[y]oor-<'l fyoo-dl). [Law Latin]
Hist. According to the nature of the feudal right.
ex naturali jure (eks nach-..-ray-h joor-ee), adv. [Latin]
By or according to natural law <ex naturali jure some
time may be needed after a declaration of war before
the war begins>. See NATURAL LAW.
ex natura rei (eks na-t[y]oor-::l ree-I). [Latin] Hist.
According to the nature ofthe thing (or transaction).
ex necessitate (eks na-ses-i-tay-tee). [Latin] Ofor from
necessity.
ex necessitate legis (eks n::l-ses-i-tay-tee lee-jis). From
or by necessity oflaw.
ex necessitate rei (eks na-ses-i-tay-tee ree-I). From the
necessity or urgency of the thing or case.
ex nihilo (eks m-hi-loh). [Latin] From nothing.

ex nobili officio (eks nob-i-h a-fish-ee-oh). [Latin "by
virtue ofits noble office"] Scots law. (Of a judicial act)
done as a matter ofequity. See NOBILl OFFICIO.
ex officio (eks d-fish-ee-oh), adv. & adj. [Latin] (16c) By
virtue or because ofan office; bv virtue of the author
ity implied by office. -The ter~ is often misused as
a synonym for "nonvoting." Some meetings mistak
enly label their regularly invited guests as "ex officio
members" when in fact they are not members at all;
others mistakenly refer to the nonvoting members as
"ex officio members" even though some nonvoting
members are present only in an individual capacity
and not by virtue ofoffice, or even though some voting
members also serve ex officio. But an ex officio member
is a voting member unless the applicable governing
document provides otherwise.
"Frequently boards include ex-officio members -that
is, persons who are members of the board by virtue of
an office or committee chairmanship held in the society,
or in the parent state or national society or federation or
some allied group; or -sometimes in boards outside of
organized societies -by virtue of a public office. In the
executive board of a society, if the ex-officio member of
the board is under the authority of the society (that is, if he
is a member, officer, or employee of the society), there is
no distinction between him and the other board members.
If the ex-officio member is not under the authority of the
society, he has all the privileges of board membership,
including the right to make motions and to vote, but none
ofthe obligations -just as in a case, for example, where
the governor of a state is ex officio a trustee of a private
academy." Henry M. Robert, Robert's Rules ofOrder Newly
Revised  49, at 466 (lOth ed. 2000).
ex officio information. English law. Acriminal informa
tion filed by the attorney general ex officio on behalf of
the Crown, in the Court of King's Bench, for offenses
more immediately affecting the government, as distin
guished from informations in which the Crown is the
nominal prosecutor.
ex officio justice. (1855) A judge who serves on a com
mission or board only because the law requires the
presence of a judge rather than because the judge was
selected for the position.
ex officio member. See member ex ojficio under
MEMBER.
ex officio service (eks a-fish-ee-oh). (1845) A service
that the law imposes on an official by virtue of the
office held, such as that of a local justice of the peace
to perform marriage ceremonies. [Cases: Officers and
Public Employees Cc;;) llO.]
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-<l-rayt), vb. (l6c) 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). (16c) 1. The removal of
a burden, charge, responsibility, or duty. 2. The right
to be reimbursed by reason ofhaving paid money that
another person should have paid. 3. The equitable right
ofa 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 ofthe estate.
Many states have abandoned the common-law rule in
favor of exoneration. See EQUITY OF EXONERATION;
QGIA TIMET. [Cases: Principal and Surety <2=' 179;
Wills C:~'736, 821.]
exoneration, snit for. See SUIT FOR EXONERATION.
exoneratione sectae (eg-zon-d-ray-shee-oh-nee sek-tee).
[Latin]lIist. A writ that lay for the Crown's ward, to be
free from all suit during wardship.
exoneratione sectae ad curiam baron (eg-zon-d-ray
shee-oh-nee sek-tee ad kyoor-ee-dm bar-dn). [Latin
"by exoneration ofthe suit to the lord's court"] Hist. A
writ issued by the guardian of the Crown's ward, for
bidding the sheriff or steward of a particular court from
distraining or taking other action against the ward.
exonerative fact. See FACT.
exoneretur (eg-zon-a-ree-tilr). Hist. [Latin "let him be
relieved or discharged"] A note, recorded on a bail
piece, of a court order to release a bail obligation after
the court has sentenced the defendant to prison. Cf.
BAILPIECE (1).
exor. abbr. EXECUTOR.
ex. ord. (often cap.) abbr. EXECUTIVE ORDER.
exordinm (eg-zor-dee-dm). [Latin] (l6c) An introduc
tion in a discourse or writing, esp. in a will.  In a will,
the exordium usu. contains statements ofthe testator's
name and capacity to make the will. -Also termed
exordium clause; introductory clause.
exparitate raHonis (eks par-d-tay-tee ray-shee-oh-nis or
rash-ee-). [Law Latin] Hist. By a parity of reasoning.
ex parte (eks pahr-tee), adv. [Latin "from the part"] (ISc)
On or from one party only, usu. without notice to or
argument from the adverse party <the judge conducted
the hearing ex parte>.
ex parte, adj. (17c) Done or made at the instance and
for the benefit of one party only, and without notice
to, or argument by, any person adversely interested; of
or relating to court action taken by one party without
notice to the other, usu_ for temporary or emergency
relief <an ex parte hearing> <an ex parte injunction>.
 Despite the traditional one-sidedness of ex parte
matters, some courts now require notice to the oppo
sition before what they call an "ex parte hearing."
Sometimes spelled exparte. -ex parte, adv.

658 ex parte application
ex parte application. See ex parte motion under MOTION
(1).
ex parte communication. See COMMUNICATION.
ex parte divorce. See DIVORCE.
ex parte hearing. See ex parte proceeding under PRO
CEEDING.
ex parte injunction. See INJUNCTION.
ex parte materna (eks pahr-tee md-f:u-nd). [Latin] On
the mother's side; of the maternal line.
ex parte motion. See MOTION (1).
ex parte order. See ORDER (2).
ex parte paterna (eks pahr-tee p,H3r-n<'l). [Latin] On the
father's side; of the paternal line.
ex parte proceeding. See PROCEEDING.
Ex Parte Quayle action. See QUAYLE ACTION.
ex parte reexamination. See REEXAMINATION.
expatriate (ek-spay-tree-it), n. (18c) An expatriated
person; esp., a person who lives permanently in a
foreign country.
expatriate (ek-spay-tree-ayt), vb. (1812) 1. To withdraw
(oneself) from residence in or allegiance to one's native
country; to leave one's home country to live elsewhere.
[Cases: Aliens, Immigration, and Citizenship (::=680.J
2. To banish or exile (a person). expatriation, n.
expectancy, n. (1811) 1. Property. An estate with a rever
sion, a remainder, or an executory


expectancy, n. (1811) 1. Property. An estate with a rever
sion, a remainder, or an executory interest. [Cases:
Estates in Property C==' 1; Remainders Reversions
1.J 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. [Cases: Descent and Distri
bution <8=::>68; Wills C::;>7.] 3. Insurance. The probable
number ofyears in one's life. See LIFE EXPECTANCY.
expectancy damages. See expectation damages under
DAMAGES.
expectancy table. See ACTUARIAL TABLE.
expectant, adj. (14c) Having a relation to, or being
dependent on, a contingency; CONTINGENT.
expectant beneficiary. See expectant distributee under
DISTRIBUTEE.
expectant distributee. See DISTRIBUTEE.
expectant estate. See FUTURE INTEREST.
expectant heir. See HEIR.
expectant right. See RIGHT.
expectation, n. (16c) l.lhe act oflooking forward; antic
ipation. 2. A basis on which something is expected to
happen; esp., the prospect ofreceiving 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 damages. See DAMAGES.
expectation interest. See INTEREST (2).
expectation ofHfe. See LIFE EXPECTANCY.
expectation ofprivacy. (1965) A 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 reason
able. [Cases: Searches and Seizures e:-~26.]
expected/intended exclusion. See EXCLUSION (J).
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 sov
ereign. 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-m;mt), n. (1848) The whole of
one's goods and chattels.
expedited proceeding. See SHOW-CAUSE PROCEEDING.
expeditio brevis (ek-sp<'l-dish-ee-oh bree-v<'ls). [Latin]
Archaic. The service ofa writ.
expel, vb. (I5c) To drive out or away; to eject, esp. with
force. See EJECT; EVICT.
expenditor (ek-spen-da-tdr). (15c) One who expends or
disburses certain taxes; a paymaster.
expenditure. (I8c) 1. The act or process of paying out;
disbursement. 2. A sum paid out.
expensae litis (ek-spen-see II-tis). [Latin] Costs or
expenses ofa lawsuit, for which a successful party is
sometimes reimbursed.
expense, n. (14c) An 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.
accrued expense. (1880) An expense incurred but not
yet paid.
administrative expense. See general administrative
expense.
business expense. (1858) An expense incurred to
operate and promote a business; esp., an expendi
ture made to further the business in the taxable year
in which the expense is incurred . Most business
expenses -unlike personal expenses are tax
deductible. [Cases: Internal Revenue
3377.]
capital expense. (I913) An expense made by a business
to provide a long-term benefit; a capital expenditure.
 A capital expense is not deductible, but it can be
used for depreciation or amortization. [Cases: Internal
Revenue C='3319.]
capitalized expense. An amortized expense.
current expense. See operating expense.

659 experimental-use defense
deferred expense. (1925) A cost incurred by a business
when the business expects to benefit from that cost
over a period beyond the current year . An example
is a prepaid subscription to a business periodical the
cost of which will be recognized as an expense over
a multiyear subscription period. [Cases: Internal
Revenue (;:::::>3372.]
educational expense. (1882) A deductible expense
incurred either to maintain or improve an existing
job skill or to meet a legally imposed job requirement.
[Cases: Internal Revenue (;:='3357.]
entertainment expense. An expense incurred while
providing entertainment relating directly to or asso
ciated with a business purpose. Entertainment
expenses are partially tax-deductible. [Cases: Internal
Revenue C=:>3338.]
extraordinary expense. (l6c) An unusual or infre
quent expense, such as a write-off of goodwill or a
large judgment.  As used in a constitutional pro
vision 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 extraor
dinary item.
fixed expense. Seefixed cost under COST.
funeral expense. (usu. pi.) (I8c) An expense necessarily
and reasonably incurred in procuring the burial, cre
mation, or other disposition of a corpse, including the
funeral or other ceremonial rite, a casket and vault,
a monument or tombstone, a burial plot and its care,
and a visitation (or wake). [Cases: Cemeteries
18; Dead Bodies C=2.]
general administrative expense. (usu. pl.) (1907) An
expense incurred in running a business, as distin
gUished from an expense incurred in manufacturing
or selling; overhead . Examples include executive
and clerical salaries, rent, utilities, and legal and
accounting services. -Also termed administrative
expense; general expense. -Abbr. G & A.
medical expense. (1853) 1. An expense for medical
treatment or healthcare, such as drug costs and
health-insurance premiums . Medical expenses are
tax-deductible to the extent that the amounts (less
insurance reimbursements) exceed a certain per
centage of adjusted gross income. [Cases: Internal
Revenue C='3366.] 2. (usu. pi.) In dvillitigation, any
one of many possible medical costs that the plaintiff
has sustained or reasonably expects to incur because
of the defendant's allegedly wrongful act, including
charges for visits to physicians' offices, medical pro
cedures, hospital bills, medicine, and recuperative
therapy needed in the past and in the future. -Often
shortened (in pI.) to medicals.
moving expense. (1903) An expense incurred in
changing one's residence . Ifincurred for business
reasons (as when one's job requires relocation), most
moving expenses are tax-deductible. [Cases: Internal
Revenue (;::::: 3367.] operating expense. (1861) An expense incurred in
running a business and producing output. -Also
termed current expense.
ordinary and necessary expense. (1826) An expense
that is normal or usual and helpful or appropriate
for the operation of a particular trade or business
and that is paid or incurred during the taxable year .
 Ordinary and necessary expenses are tax-deduct
ible. -Also termed ordinary and necessary business
expense. [Cases: Internal RevenueC=3318.)
organizational expense. (1941) An expense incurred
while setting up a corporation or other entity.
out-of-pocket expense. (1905) An expense paid from
one's own funds.
prepaid expense. (1919) An expense (such as rent,
interest, or insurance) that is paid before the due date
or before a service is rendered.
travel expense. (1905) An expense (such as for meals,
lodging, and transportation) incurred while away
from home in the pursuit of a trade or business. See
TAX HOME. [Cases: Internal Revenue C=3339.]
expense loading. See LOADING.
expense ratio. Accounting. The proportion or ratio of
expenses to income.
expenses ofadministration. (18c) Expenses incurred by
a decedent's representatives in administering the estate.
[Cases: Executors and Administrators C-~108.]
expenses of receivership. (I8c) Expenses 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. [Cases: Receivers (;::;
154.]
expense stop. (1990) A lease provision establishing the
maximum expenses to be paid by the landlord, beyond
which the tenant must bear all remaining expenses.
expensilatio (ek-spen-sr-lay-shee-oh), n. [Latin] Roman
law. An entry to the debit of one party in the account
book ofanother party, esp. as part of a literal contract.
See literal contract (1) under CONTRACT. PI. expensila
tiones (ek-spen-sI-Iay-sheeoh-neez).
expensis militum non levandis (ek-spen-sis mi-lit-<lm
non l<l-van-dis). [Latin] Hist. 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 rating. Insurance. A 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. [Cases: Insurance C=1542(2).)
experimental use. See USE (1).
experimental-use defense. Patents. A 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

660 experimental-use exception
research that tests the inventor's claims. 35 USCA
271(e)(l). [Cases: Patents C:::::>260.]
experimental-use exception. Patents. An exception to
the public-use statutory bar, whereby an inventor is
allowed to make public use ofan invention for more
than one year when that use is necessary to test and
improve the invention. [Cases: Patents (;::::>75.]
expert, n. (l6c) A person who, through education or
experience, has developed skill or knowledge in a par
ticular subject, so that he or she may form an opinion
that will assist the fact-finder. Fed. R. Evid. 702. See
DAUBERT TEST. [Cases: Criminal Law (;:::::0478-480;
Evidence C-~534.5-546.] expertise (ek-spar-teez),
n.
consulting expert. (1897) An expert who, though
retained by a party, is not expected to be called as a
witness at trial. _ A consulting expert's opinions are
generally exempt from the scope of discovery. Fed.
R. Civ. P. 26(b)(4)(B). Also termed nontestifying
expert. [Cases: Federal Civil Procedure 1266;
Pretrial Procedure
impartial expert. (1870) An expert who is appointed
by the court to present an unbiased opinion. -Also
termed court-appointed expert. Fed. R. Evid. 706.
[Cases: Federal Civil Procedure (;:::::0 1951; Trial
18.]
testifying expert. (1952) An expert who is identified
by a party as a potential witness at trial. -As a part
ofinitial disclosures in federal court, a party must
provide to all other parties a wide range ofinforma
tion about a testifying expert's qualifications and
opinion, including all information that the witness
considered in forming the opinion. Fed. R. Civ. P.
26(a)(2)(b). [Cases: Federal Civil Procedure
Pretrial Procedure
expert evidence. See EVIDENCE.
expert opinion. See OPINION (3).
expert-reliance materials. Facts, documents, and other
sources that provide data or information to an expert
witness. _ Often shortened to reliance materials. [Cases:
Criminal Law C-'-J486; Evidence C:::-:>155.]
expert testimony. See expert evidence under EVIDENCE.
expert witness. See WITNESS.
expert-witness fee. See FEE (1).
ex pietate (eks pI-a-tay-tee). [Latin] Hist. From natural
affection and duty.
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-pd-Iay-shee-oh), n. [Latin] Roman law.


EDITATIS.
expilatio (eks-pd-Iay-shee-oh), n. [Latin] Roman law.
The offense ofunlawfully appropriating goods belong
ing 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.
expiration, n. A coming to an end; esp., a formal termi
nation on a closing date <expiration ofthe insurance
policy>. -expire, vb.
expiration date. (1803) The date on which an offer,
option, or the like ceases to exist. -Also termed expiry
date.
expiry date. See EXPIRATION DATE.
expiry of the legal. Scots law. The end of the period
during which a debtor can redeem land awarded to a
creditor by paying off the debt.
explanatory-phrase rule. Trademarks. The principle that
a senior user ofa 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 princi
ples: (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. [Cases:
Trademarks (;:::, 1526.]
explecia (ek-splee-shee-<l). [Law Latin] See EXPLETA.
explees (ek-spleez). See ESPLEES.
expleta (ek-splee-t<l), n. pl. [Law Latin] Hist. The rents and
profits ofan estate. Also termed expletia; explecia..
explicatio (eks-pld-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 ofthe common-law
surrejoinder.
exploding adjustable-rate mortgage. See MORTGAGE.
exploitation, n. (19c) The act of taking advantage of
something; esp., the act of taking unjust advantage of
another for one's own benefit. See SEXUAL EXPLOITA
TION. -exploit, vb. exploitative, adj.
exploration manager. See LA~D MANAGER.
export, n. (17e) 1. A product or service created in one
country and transported to another.
domestic export. A product originally grown or manu
factured in the United States, as distinguished from
a product originally imported into the United States
and then exported.
2. The process of transporting products or services to
another country. Cf. IMPORT (1), (2).
export, 	 vb. (I5c) 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.
exportation. (l7c) The act ofsending or carrying goods
and merchandise from one country to another.
Export Clause. See IMPORT-EXPORT CI.AUSE.

661 expressio unius est exclusio alterius
export declaration. (1920) A document required
by federal law -containing details of an export
shipment.
export draft. See DRAFT.
Export-Import Bank ofthe United States. A 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 of2
Feb. 1934. Itbecame independent in 1945. 12 USCA
635 et seq. Often shortened to Ex-1m Bank.
export letter ofcredit. See LETTER OF CREDIT.
export quota. See QUOTA.
export tax. See TAX.
expose (ek-spoh-zay), n. [French] (1803) 1. A statement
or account; an explanation. -In diplomatic language,
the term describes a written explanation ofthe reasons
for a certain act or course ofconduct. 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, ofa child that is unable to
take care ofitself.
expository jurisprudence. See JURISPRUDENCE.
expository statute. See declaratory statute under STAT
UTE.
ex post, adj. [Latin "from after"] (1937) Based on knowl
edge and fact; viewed after the fact, in hindsight; objec
tive; retrospective. Cf. EX ANTE.
expost facto (eks pohst fak-toh), adj. (18c) Done or made
after the fact; having retroactive force or effect.
expost facto, adv. [Latin"from a thing done afterward"]
(l7c) After the fact; retroactively.
Ex Post Facto Clause. (1848) One oftwo clauses in the
U.S. Constitution forbidding the enactment ofex post
facto laws. U.S. Const. art. I,  9, cl. 3; art. I,  10, cl. 1.
[Cases: Constitutional Law C=>2781-2845.]
ex post facto law. (18c) A law that impermissibly applies
retroactively, esp. in a way that negatively affects a
person's rights, as by criminalizing an action that was
legal when it was committed. -Ex post facto criminal
laws are prohibited by the U.S. Constitution. But ret
rospective civil laws may be allowed. See RETROACTIVE
LAW. [Cases: Constitutional Law C=='2781-2845.]
exposure. (17c) 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>.
dangerous exposure. Maritime law. Exposure that
is reasonably foreseeable in the ordinary chances,
mistakes, or hazards ofnavigation.
exposure ofperson. See INDECENT EXPOSURE.
exposure theory. Insurance. A theory of coverage pro
viding that an insurer must cover a loss ifthe insurance was in effect when the claimant was exposed to the
product that caused the injury. Cf. MANIFESTATION
THEORY; ACTUAL-INTURY TRIGGER; TRIPLE TRIGGER.
[Cases: Insurance C-';)2265.]
express, adj. (14c) Clearly and unmistakably communi
cated; directly stated. Cf. IMPLIED. -expressly, adv.
express abandonment. See ABANDONMENT (10).
express abrogation. (1857) The repeal ofa law or provi
sion by a later one that refers directly to it; abrogation
by express provision or enactment.
express acceptance. See ACCEPTANCE (4).
express active trust. See active trust under TRUST.
express actual knowledge. See actual knowledge (1)
under KNOWLEDGE.
express agency. See AGENCY (1).
express aider. See AIDER BY SUBSEQUENT PLEADING.
express amnesty. See AMNESTY.
express assent. See ASSENT.
express assumpsit. See special assumpsit under ASSUMP
SIT.
express authority. See AUTHORITY (1).
express color. See COLOR.
express condition. See CONDITION (2).
express consent. See CONSENT (1).
express consideration. See CONSIDERATION (1).
express contract. See CONTRACT.
express covenant. See COVENANT (1).
express dedication. See DEDICATION.
express dissatisfaction. Wills & estates. A beneficiary's
contesting ofa will or objecting to anyprovision ofthe
will in a probate proceeding.
expressed, adj. (16c) Declared in direct terms; stated in
words; not left to inference or implication.
expressio falsi (ek-spres[h]-ee-oh fal-sl or fawl-sI).
[Latin] Rist. A false statement. -Such a statement
might result in rescission ofa contract. Cf. ALLEGATIO
FALSI.
expression, freedom of. See FREEDOM OF EXPRESSION.
expressio unius est exclusio alterius (ek-spres[h]-ee
oh YOO-nI-;:lS est ek-skloo-zhee-oh al-ta-rI-;:ls). [Law
Latin] A canon ofconstruction holding that to express
or include one thing implies the exclusion ofthe other,
or ofthe 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 ASOCIIS; RULE OF RANK.
[Cases: Contracts C=>152; Statutes ~195.]
"Several Latin maxims masquerade as rules of interpre
tation while doing nothing more than describing results
reached by other means. The best example is probably
expressio unius est exc/usio alter-ius, which is a rather
elaborate, mysterious sounding, and anachronistic way
of describing the negative implication. Far from being a

662 expressive association, freedom of
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 Interpreta
tion and Application ofStatutes 234-35 (1975).
"The canon expressio unius est exc/usio alterius is ... based
on the assumption of legislative omniscience, because
it would make sense only if all omissions in legislative
drafting were deliberate. Although this canon seemed dead
for a while, it has been resurrected by the Supreme Court to
provide a basis for refusing to create private remedies for
certain statutory violations. Its recent disparagement by a
unanimous Court [in Herman & MacLean v. Huddleston, 459
U.s. 375, 386 n.23, 103 S.O. 683, 690 n. 23 (1983)) puts its
future in some doubt but more likely confirms that judicial
use of canons of construction is opportunistic." Richard A.
Posner, The Federal Courts: Crisis and Reform 282 (] 985).
expressive association, freedom of. See FREEDOM OF
ASSOCIATION.
expressive crime. See CRIME.
express malice. See MALICE.
express notice. See NOTICE.
express obligation. See conventional obligation under
OBLIGATION.
express permission. See PERMISSION.
express power. See enumerated power under POWER
(3).
express private passive trust. See TRUST.
express repeal. See REPEAL.
express republication. (I8c) A testator's repeating of
the acts essential to a will's valid execution, with the
avowed intent ofrepublishing the will. See REPUBLICA
TION (2). [Cases: Wills C=>197,199.]
express trust. See TRUST.
expressum facit cessare tacitum. See EXPRESSIO UNIUS
EST EXCLUSIO ALTERIUS.
express waiver. See WAIVER (1).
express warranty. See WARRANTY (2).
expromissio (eks-pr;>-mis[h]-ee-oh), n. Roman law. A
type of novation by which a creditor accepts a new
debtor in place ofa former one, who is then released.
expromissor (eks-pr;>-mis-;>r), n. Roman law. One who
assumes another's debt and becomes solely liable for it,
by a stipulation with the creditor.
expromittere (eks-pr<'l-mit-<'l-ree), vb. Roman law. To
undertake tor another with the view ofbecoming liable
in the other's place.
ex proposito (eks proh-poz-;>-toh). [Latin] Hist. Inten
tionally; by deSign.
expropriation, n. (ISc) 1. A governmental taking or
modification ofan individual's property rights, esp. by
eminent domain; CONDEMNATION (2). Also termed
(in England) compulsory purchase; (in Scotland) compulsory surrender. Cf. APPROPRIATION. [Cases:
Eminent Domain C=>2.] 2. A voluntary surrender
of rights or claims; the act of renouncing or divest
ing oneself of something previously claimed as one's
own. expropriate, vb. expropriator, n.
ex proprio motu (eks proh-pree-oh moh-tyoo). [Latin]
Ofone's own accord.
ex proprio vigore (eks proh-pree-oh vi-gor-ee). [Latin)
By their or its own force.
ex provisione hominis (eks pr<'l-vizh-ee-oh-nee hom-;>
nis). [Latin] By the provision ofman; by the limitation
of the party, as distinguished from the disposition of
the law.
ex provisione mariti (eks pr;>-vizh-ee-oh-nee m<'l-rHI or
mar


ex provisione mariti (eks pr;>-vizh-ee-oh-nee m<'l-rHI or
mar-<'l-tI). [Latin] From the provision of the husband.
expulsion, n. (lSc) An ejectment or banishment, either
through depriving a person of a benefit or by forcibly
evicting a person. -expnlsive, adj.
expunction ofrecord. See EXPUNGEMENT OF RECORD.
expunge (ek-spanj), vb. (17c) 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-m;>nt), expunction (ek-spangk-sh<'ln), 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 ofState Legislatures, Mason's Manual
of Legislative Procedure  444, at 296-97 (2000).
expungement ofrecord. (1966) The removal ofa convic
tion (esp. for a first offense) from a person's criminal
record. Also termed expunction ofrecord; erasure of
record. [Cases: Criminal Law C=>1226(3).]
expurgation (ek-sp<'lr-gay-sh;m), n. (ISc) 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-t<'lr), n.
ex quasi contractu (eks kway-zI kan-trak-t[y]oo). [Latin]
From quasi-contract.
ex rei. abbr. [Latin ex relatione "by or on the relation
of"J (1838) On the relation or information of. A suit
ex rei. is typically brought by the government upon the
appHcation of a private party (called a relator) who is
interested in the matter. See RELATOR (1).

ex re nata (eks ree nay-t;l). [Latin] According to a case
that has arisen.
ex rights, adv. Without rights. Shares are traded ex
rights when the value ofthe subscription privilege has
been deducted, giving the purchaser no right to buy
shares of a new stock issue. -Abbr. X; XR. -Also
termed rights off.
ex-rights date. The date on which a share of common
stock no longer offers privilege subscription rights.
ex rigore juris (eks ri-gor-ee joor-is). [Latin] Accord
ing to the rigor or strictness of the law; in strictness
oflaw.
exrogare (eks-rd-gair-ee), vb. [Latin] See ABROGARE.
exrx. abbr. EXECUTRIX.
ex scriptis olim visis (eks skrip-tis oh-bm vI-zis or -sis).
[Latin "from writings formerly seen"] A method of
handwriting proof available when a witness has seen
other documents purporting to be in the party's hand
writing and either has had further correspondence with
the party about the documents' subject matter or has
had some other type ofcommunication with the party
that would lead to a reasonable presumption that the
documents were in the party's handwriting.
ex ship. Ofor referring to a shipment ofgoods for which
the liability or risk ofloss passes to the buyer once the
goods leave the ship.
ex solemnitate (eks sd-Iem-ni-tay-tee). [LatinJ Hist. On
account of its being required as a solemnity. Cf. DE
SOLEMNIT ATE.
ex statuto (eks st;l-tyoo-toh). [Latin] According to the
statute.
ex stipulatu actio (eks stip-Yd-Iay-t[y]oo ak-shee-oh).
[Latin] Roman & civi/law. An action on a stipulation;
an action given to recover marriage portions.
ex-stock dividend. Without stock dividend . The phrase
often denotes the interval between the announcement
and payment ofa stock dividend. A purchaser ofshares
during this interval is not entitled to the dividend,
which goes to the seller.
ex sua natura (eks s[y]OO-;l nd-t[y]oor-d). [Latin] Hist.
In its own nature (or character).
ex tempore (eks tem-pd-ree), adv. [Latin "out of time"]
1. By lapse oftime. 2. Without any preparation; extem
poraneously.
extend debate. Parliamentary law. To cancel or relax an
otherwise applicable limit on debate. Also termed
extend the limits of debate. See DEBATE. Cf. CLOSE
DEBATE; LIMIT DEBATE.
extended-coverage clause. Insurance. A policy provision
that insures against hazards beyond those covered (or
excluded) in the basic policy. [Cases: Insurance C:;)
2662.]
extended debate. See DEBATE.
extended family. See FAMILY. extended first mortgage. See wraparound mortgage
under MORTGAGE.
extended insurance. See INSURANCE.
extended policy. See INSURANCE POLICY.
extended-reporting-period endorsement. See TAIL
COVERAGE.
extended service contract. See extended warranty under
WARRANTY (2).
extended service warranty. See extended warranty under
WARRA!>fTY (2).
extended-term insurance. See LNSURANCE.
extended warranty. See WARRANTY (2).
extendifacias (ek-sten-dI fay-shee-ds). [Latin "you are
to cause to be executed"] See EXTENT (3).
extend the limits of debate. See EXTEND DEBATE.
extension, n. (17c) 1. The continuation of the same
contract for a specified period. Cf. RENEWAL (3). [Cases:
Contracts C=>217, 242.J 2. Patents. A continuation of
the life ofa patent for an additional statutorily allowed
period. [Cases: Patents C=> 133.] 3. Tax. 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. [Cases: Internal RevenueC=>4474; Taxation
3539, 3688.] extend, vb.
extension agreement. (1869) An agreement provid
ing additional time for the basic agreement to be per
formed. [Cases; Contracts C=>242.]
extensive interpretation. See INTERPRETATION.
extensores (ek-sten-sor-eez), n. pl. Hist. Officers
appointed to appraise and divide or apportion land;
extenders or appraisers.
extent. Hist. 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 ofextent; extent in chief 3. A writ
giving a creditor temporary possession ofthe debtor's
property (esp. land). -Also termed extendi facias.
extenta manerii (ek-sten-td ma-neer-ee-I). [Latin "the
extent of a manor] An English statute (4 Edw., St. 1)
directing the making ofa survey ofa manor and all its
appendages.
extent in aid. Hist. 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
ofsome peculiar privileges that Crown debtors enjoyed,
was abolished in 1947 by the Crown Proceedings Act.
extent in chief. See EXTENT (2).
extenuate (ek-sten-yoo-ayt), vb. (16c) To make less
severe; to mitigate.
extenuating circumstance. See mitigating circumstance
under CIRCUMSTANCE.

extenuation 664
extenuation lek-sten-yoo-ay-sh;:m), n. The act or fact of
making the commission ofa crime or tort less severe.
extern. See CLERK (4).
external act. See ACT.
externality. (usu. pI.) (1957) 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.
negative externality. (1970) An externality that is det
rimental to another, such as water pollution created
by a nearby factory.
positive externality. (1970) An externality that benefits
another, such as the advantage received by a neigh
borhood when a homeowner attractively landscapes
the property.
external obsolescence. See economic obsolescence under
OBSOLESCENCE.
external sovereignty. See SOVEREIGNTY (3).
exterritorial. See EXTRATERRITORIAL.
exterritoriality. See EXTRATERRITORIALITY.
exterus (ek-star-as), n. [Latin] A foreigner or alien; one
born abroad.
ex testamento (eks tes-ta-men-toh), adv. [Latin] By,
from, or under a will or testament <succession ex tes
tamento is the mode ofdevolution that the property of
deceased persons ought primarily to follow>. Cf. AB
INTESTATO.
extinct, adj. (15c) 1. No longer in existence or use. 2. (Of
a debt) lacking a claimant.
extinctive fact. See divestitive fact under FACT.
extinctive prescription. See PRESCRIPTION (4).
extinguish, vb. 1. To bring to an end; to put an end to. 2.
To terminate or cancel. 3. To put out or stifle.
extiuguishment, n. (16c) The cessation or cancellation of
some right or interest.  For example, the extinguish
ment of a legacy occurs when the item bequeathed
no longer exists or no longer belongs to the testator's
estate.
extinguishment of copyhold. The destruction of
copyhold by a uniting of freehold and copyhold inter
ests in the same person and in the same right. In
England, under the 1922 Law of Property Act, copy
holds were enfranchised and became either leasehold
or, more often, freehold. See COPYHOLD.
extinguishment oflegacy. See ADEMPTION.
extinguishment of lien. (1800) A lien's discharge by
operation oflaw. [Cases: Liens C==> 16.]
extirpation (ek-st;>r-pay-shan), n. (16c) 1. The act of com
pletely 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] Hist. 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.
extort, vb. (I5c) 1. 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 intimida
tion. extortive, adj.
extortion, n. (14c) 1. 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. [Cases: Extortion
and Threats 1.]
"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 ofobtaining something or com
pelling some action by illegal means, as by force or
coercion. Also termed statutory extortion. [Cases:
Extortion and Threats C==>25.1.] -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 transaction. See LOANSHARKING.
extra (ek-stra), prep. [Latin] (1852) Beyond; except


See LOANSHARKING.
extra (ek-stra), prep. [Latin] (1852) Beyond; except;
without; out of; additional.
extra allowance. In 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). [Cases: Costs C==> 164(3).]
extra commerdum (eks-tra ka-mar-shee-dm). [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.
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). Hist. The
issues or profits of holding a court, arising from cus
tomary dues, fees, and amercements.
extraction. Intellectual property. The 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).
extra curtem domini (eks-tr;l k3r-tem dom-;l-m). [Law
Latin) Hist. 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.
extradite (ek-str;l-dIt), vb. (1864) 1. To surrender or
deliver (a fugitive) to another jurisdiction. [Cases:
Extradition and Detainers (;::::;4, 23.] 2. To obtain the
surrender of (a fugitive) from another jurisdiction.
extradition (ek-str;l-dish-"m). (18c) The official surrender
of an alleged criminal by one state or nation to another
haVing jurisdiction over the crime charged; the return ofa
fugitive from justice, regardless of consent, by the author
1tes where the fugitive is found. Cf. RENDITION (2).
international extradition. Extradition in response to
a demand made by the executive of one nation on
the executive ofanother nation. _ 1his procedure is
generally regulated by treaties. [Cases: Extradition
and Detainers (;::::; 1-20.]
interstate extradition. Extradition in response to
a demand made by the governor of one state on
the governor of another state. _ This procedure is
provided for by the U.S. Constitution, by federal
statute, and bv state statutes. [Cases: Extradition and
Detainers 021-42.]
Extradition Clause. (1878) The clause of the u.s. Con
stitution providing that any accused person who flees
to another state must, on request of the executive
authority ofthe state where the crime was committed,
be returned to that state. U.S. Const. art. IV,  2, d. 2.
[Cases: Extradition and Detainers
extradition treaty. (1847) A treaty governing the precon
ditions 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. [Cases: Extradition and Detainers
extradition warrant. See WARRANT (1).
extra dividend. See extraordinary dividend under DIVI
DEND.
extradotal property. See PROPERTY.
extra-elements test. Intellectual property. A judicial
test for determining whether a state-law claim is pre
empted by federal intellectual-property statutes under
the Sears-Compco doctrine, the criterion being that if
the claim requires proof ofan extra element that makes
the action qualitatively different from an infringement
action based on federal law, the state action is not pre
empted. [Cases: States C== 18.84.]
extra familiam (eks-tr;l f<)-mil-ee-;lm). [Latin] Hist.
Outside the family. -The phrase appeared in refer
ence to the status of a child after forisfamiliation. Cf.
INTRA FAMILIAM.
extra feodum (eks-trCl fee-;l-dam). [Latin] Out ofhis fee;
out of the seigniory. extrahazardous, ad}. (1831) Especially or unusually dan
gerous. -This term is often applied to exceptionally
dangerous railroad crossings. -Also termed ultrahaz
ardous. [Cases: Railroads (,=303-314.]
extrahazardous activity. See ABNORMALLY DANGEROUS
ACTIVITY.
extrahura (ek-str3-hyoor-a), n. [Law Latin] Hist. An
animal that wanders about or strays without its owner;
ESTRAY.
extrajudicial, adj. (l7c) Outside court; outside the
functioning ofthe court system <extrajudicial confes
sions>. Also termed out-oj-court.
extrajudicial admission. See ADMISSION (1).
extrajudicial confession. See CONFESSION.
extrajudicial enforcement. See SELF-HELP.
extrajudicial evidence. See EVIDENCE.
extrajudicial oath. See OATH.
extrajudicial opinion. See OPINION (1).
extrajudicial remedy. See REMEDY.
extrajudicial statement. (1838) Any utterance made
outside of court. -It is usu. treated as hearsay under
the rules ofevidence. [Cases: Criminal Law (;:':419.]
extra judicium (ek-str;l joo-dish-ee-;lm). [Latin] Extra-
judicial; out ofcourt; beyond the jurisdiction.
extra jus (ek-stra j3S). [Latin] Beyond the law; more than
the law requires.
extralateral right. See APEX RGLE.
extralegal, adj. (l7c) Beyond the province oflaw.
extra legem (ek-str;llee-j;lm). [Latin] Out ofthe law; out
of the protection of the law.
extramural powers (ek-str;l-myuur-;ll). Powers exercised
by a municipality outside its corporate limits. [Cases:
MuniCipal Corporations C=::~57.J
extranational, adj. Beyond the territorial and governing
limits of a country.
extraneous (ek-stray-nee-;ls), adj. See EXTRINSIC.
extraneous evidence. See extrinsic evidence (1) under
EVIDEKCE.
extraneous offense. See OFFENSE (1).
extraneous question. (1808) A 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 average. See AVERAGE.
extraordinary care. See great care under CARE.
extraordinary circumstances. See CIRCUMSTANCE.
extraordinary danger. See extraordinary hazard_under
HAZARD (1).
extraordinary diligence. See DILIGENCE.
extraordinary dividend. See DIVIDEND.

666 extraordinary expense
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 grand jury. See special grarld jury under
GRAND JURY.
extraordinary hazard. See HAZARD (1).
extraordinary item. See extraordinary expense under
EXPENSE.
extraordinary loss. See LOSS.
extraordinary majority. See supermajority under
MAJORITY.
extraordinary relief. See RELIEF.
extraordinary remedy. See REMEDY.
extraordinary rendition. See RENDITION.
extraordiuary repair. (1828) As used in a lease, a repair
that is made necessary by some unusual or unfore
seen 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.
[Cases: Landlord and Tenant 150(l), 152(4).]
extraordinary risk. See extraordinary hazard under
HAZARD (1).
extraordinary session. See special session under SESSION (I).
extraordinary writ. See WRIT.
extraparochial (ek-str~-Pd-roh-kee-~l), ad). Out of a
parish; not within the bounds or limits of any parish.
extra paternam jamiliam (eks-trd pd-tar-ndm f~-mil
ee-dm). [Law Latin) Hist. Outside the father's family.
Cf. INTRA PATERNAM FAMILIAM.
extrapolate (ek-strap-d-Iayt), vb. (19c) 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 -Id-tiv), extrapola
tory (-ld-tor-ee), adj. extrapolator (-Iay-tdr), n.
extrapolation (ek-strap-a-Iay-shdn), n. (19c) 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.
extra praesentiam mariti (eks-trd pri-zen-shee-dm
ma-rI-tI or mar-a-tIl. [Latin) Out of her husband's
presence.
extra quattuor maria (eks-trd kwah-too-ar mar-ee-d).
[Latin] Beyond the four seas; out of the kingdom of
England. _ 1be reference is to the seas surrounding
Great Britain. The phrase was traditionally used when explaining a husband's impossibility ofaccess to his
wife at the time of conception.
extra regnum Ceks-trd reg-ndm). [Latin] Out of the
realm.
extras. Construction law. Contractual amendments in
the nature ofadditions that were not originally part of
the contract, requested by an owner of a building under
construction. Cf. CHANGE ORDER (1). [Cases: Contracts
extra session. See special session under SESSION (1).
extraterritorial, ad). (19c) Beyond the geographic limits
of a particular jurisdiction. -Also termed exterrito
rial. [Cases: Courts C=>29.]
extraterritoriality. (l9c) 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).
extraterritorial jurisdiction. See JURISDICTION.
extraterritorial recognition ofrights. See private inter
national law under INTERNATIONAL LAW.
extra territorium (eks-trd ter-d-tor-ee-dm). [Latin]
Beyond or outside the territory.
Extravagantes (ek-strav-d-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.
Ihe term remained even after the epistles were later
included in the body ofcanon law.
extra viam (eks-tra vI-dm). [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 right
of-way. [Cases: Trespass C=>42.]
extra vires (eks-trd VI-reez orveer-eez). See ULTRA VIRES.
extra work. See WORK (1).
extreme cruelty. See CRUELTY.
extreme force. See deadlyforce under FORCE.
extrinsic, adj. (I7c) From outside sources; ofor relating
to outside matters. -Also termed extraneous.
extrinsic ambiguity. See latent ambiguity under AMBI
GUITY.
extrinsic evidence. See EVIDENCE.
extrinsic fraud. See FRAUD.
extrinsic test. Copyright. 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.
ex turpi causa (eks t;)r-pI kaw-zd). [Latin] From an
immoral consideration . This phrase, a shortened form

of the maxim ex turpi causa non oritur actio ("from
an immoral consideration an action does not arise"),
expresses the principle that a party does not have a right
to enforce performance of an agreement founded on
a consideration that is contrary to the public interest.
[Cases: Action <:;=04; Contracts C='138(1).]
'The doctrine ex turpi causa has made its way into the law
as an extension of a moral principle. If it is misused, the
principle suffers. Moreover, its misuse is a symptom of a
disease of thought that debilitates the law and morals. This
is the failure to recognize that there is a fundamental differ,
ence between the law that expresses a moral principle and
the law that is only a social


failure to recognize that there is a fundamental differ,
ence between the law that expresses a moral principle and
the law that is only a social regulation. If only in the growth
of English law that distinction had been maintained, much
of the arbitrariness and the absurdities in the cases I have
cited would have been avoided. There is a dictum of Lord
Wright's which may some day be used as a foundation for
a change of heart. Speaking of the maxim ex turpi causa,
he said: 'In these days there are many statutory offences
which are the subject of the criminal law and in that sense
are crimes, but which would, it seems, afford no moral
justification for a court to apply the maxim'. Beresford v.
Royal Insurance (1937),2 KB. at 220." Patrick Devlin, The
Enforcement ofMorals 60 (1968).
exuere patriam (eg-z[y]oo-a-ree pay-tree-am), vb. [Latin]
To renounce one's country or native allegiance; to expa
triate oneself.
exulare (eks-[y]a-lair-ee), vb. [Latin] Hist. To exile or
banish.
ex una parte (eks [y]oo-na pahr-tee). [Latinj Ofone part
or side; on one side.
exuperare (eg-z[y]oo-pJ-rair-ee), vb. [Latin] To
overcome; to apprehend or take.
ex utraque parte (eks yoo-tray-kwee pahr-tee). [Latin]
On both sides.
ex utr;usque parentibus conjunct; (eks yoo-tree-3s-kwee
pa-ren-ti-bas km-j3ngk-tI). [Latin] Related on the side
ofboth parents; of the whole blood.
ex vi aut metu (eks VI awt mee-t[y]oo). [Latin] Hist. On
the ground of force or fear. -The phrase appeared in
reference to a basis for rescinding a transaction.
ex visceribus (eks vi-ser-a-bas). [Latin "from the
bowels"] From the vital part; from the very essence of
(a thing).
ex visceribus verborum (eks vi-ser-J-bas vJr-bor-;)m).
[Latin] From the mere words (and nothing else); from
the words themselves.
ex visitatione Dei (eks viz-a-tay-shee-oh-nee dee-I).
[Latin] L By the dispensation of God; by reason of
physical incapacity. -Anciently, when a prisoner who
was being arraigned stood silently instead ofpleading,
a jury was impaneled to inquire whether the prisoner
obstinately stood mute or was dumb ex visitatione Dei.
2. By natural causes as opposed to violent ones. _ This
phrase sometimes appears in a coroner's report when
death results from a disease or another natural cause. ex visuscriptionis (eks VI-S[y]oo [or -z[y]oo] skrip-shee
oh-nis). [Latin] From the sight of the writing; from
having seen a person write. -This phrase describes a
method of proving handwriting.
ex vi termini (eks VI tar-ma-llI). [Law Latin] From or
by the force of the term; from the very meaning of the
expression used.
ex voluntate (eks vol-an-tay-tee). [Latin] Voluntarily;
from free will or choice.
EXW. abbr. EX WORKS.
exwarrants, adJ!. Without warrants. _ Shares are traded
ex warrants when they no longer carry the right to
receive declared warrants that have been distributed
to holders. -Abbr. X; xw.
ex works. From the factory. -This trade term defines
the obligations of a buyer and a seller of goods with
respect to delivery, payment, and risk of loss. The
seller's delivery is complete (and the risk ofloss passes
to the buyer) when the goods are made available to the
buyer at a location ofthe seller's choice without requir
ing a collecting vehicle to be loaded, as at the seller's
showroom, factory, or warehouse. Abbr. EXW.
ex-works price. See PRICE.
eyde (ayd), n. [Law French] Aid; assistance; relief; subSidy.
eye for an eye. See LEX TALIONIS.
eye of the law. (l6c) The law as a personified thinker;
legal contemplation <dead people are no longer persons
in the eye of the law>.
eyewitness. (16c) One who personally observes an event.
Cf. EARWITNESS.
eyewitness identification. (I939) A naming or descrip
tion 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"] 02c) Hist.
A system ofroyal courts sent out into the counties by the
Crown to investigate allegations ofwrongdOing, 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) Hist. To travel or
journey; to go about.

F
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.2d. abbr. The second series of the Federal Reporter,
which includes federal appellate decisions from 1924
to 1993.
F.3d. abbr. 'llie third series ofthe Federal Reporter, which
includes federal appellate decisions from 1993.
FAA. abbr. 1. FEDERAL AVIATION ADMINISTRATION. 2.
FEDERAL ARBITRATION ACT. 3. FREE OF ALL AVERAGE.
fabricare (fab-rd-kair-ee), vb. [Law Latin "to make"] Hist.
1. To make a coin lawfully or unlawfully, 2. To forge,
esp. a bill oflading. The term sometimes appeared in
indictments:fabricavit et contrafecit ("[he] forged and
counterfeited ").
fabricate, vb. (15c) To invent, forge, or devise falsely . To
fabricate a story is to create a plaUSible version ofevents
that is advantageous to the person relating those events.
The term is softer than lie. See LIE (1).
fabricated evidence. See EVIDENCE.
fabricated fact. See fabricated evidence under
EVIDENCE.
fabric land. See LAND.
fabula (fab-Yd-Id). [Law Latin] Hist. 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, n. (Be) 1. The surface of anything, esp. the front,
upper, or outer part <the face ofa clock>. 2. Byexten
sion, 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.
[Cases: Insurance (;:::>2037.]
face-amount certificate. See STOCK CERTIFICATE (1).
face-amount certificate company. See COMPANY.
face-amount certificate ofthe installment type. Seeface-
amount certificate (1) under STOCK CERTIFICATE (1).
face amount insured by the policy. See FACE AMOUNT.
face of policy. See FACE AMOUNT.
face rate. See nominal rate under INTEREST RATE.
face value. 1. FACE AMOUNT. 2. PAR VALUE.
facial, adj. (19c) Apparent; of or relating to the face of
things; prima facie <a facial challenge to the statute>.
facial attack. (1966) A challenge to the sufficiency of
a complaint, such as a motion to dismiss in federal
practice. [Cases: Federal Civil Procedure (;:::> 1742(1);
Federal Courts ~32.]
facial challenge. See CHALLENGE (1).
facially sufficient, adj, (1972) (Of a document) appearing
valid on its face . A search-warrant affidavit's facial
sufficiency will not protect it from attack ifthe affidavit
is based on false testimony by the officer making the
affidavit. See FRANKS HEARING.
facially void. See VOID.
facias (fay-shee-<Js). [Law Latin] That you cause . Facias
is used in writs as an emphatic word. See FIERI FACIAS;
LEVARI FACIAS; SCIRE FACIAS. It also appears in the
phrase ut facias ("so that you do"). See DO UT FACIAS;
FACIO UT DES; FACIO UT FACIAS.
facies (fay-shee-eez). (17c) [Latin] The outward appear
ance or surface of a thing.
fadle (jas-dl), ad). (l6c) Scots law. (Of a mentally deficient
person) so susceptible to outside influence as to need
legal protection (such as a guardian).
facilitate, vb. (17c) Criminal law. To make the commis
sion of a crime easier. Property (such as a vehicle
or home) that facilitates the commission of certain
offenses may be forfeited. -facilitator, n.
facilitated negotiation. See MEDIATION,
facilitation, n. (l7c) 1. The act or an instance of aiding
or helping; esp., in criminal law, the act of making it
easier for another person to commit a crime. 2. CON
CILIATION.

669
facility and circumvention. Scots law. Conduct intended
to persuade a person vulnerable to outside influence
to act against his or her own interest.  Any contract
brought under conditions offacility and circumvention
would be void. ~. Sometimes shortened to facility.
facility-of-paymentdause. 1. Insurance. An insurance
policy provision allowing the appointment ofa person
to receive payment from the insurer on the beneficiary's
behalf. [Cases: Insurance (:;::;J3468.] 2. Trusts. A trust
provision that allows anyone who owes money to an
incapacitated trust beneficiary to discharge the debt by
paying the money owed to the custodial trustee.
facio ut des (fay-shee-oh <It deez). [Latin "I do so that you
give"] Civil law. 1. An innominate contract in which
a person agrees to do something for recompense. See
innominate contract under CONTRACT. 2. The consid
eration in such a contract.
facio utfacias (fay-shee-oh <It fay-shee-<ls). [Latin "I do
that you may do"] Civil law. 1. An innominate contract
in which a person agrees to do something for another
person who agrees to do something in return, such as
an agreement to marry. 2. The consideration in such a
contract. See innominate contract under CO~TRACT.
"These valuable considerations are divided by the civilians
into four species .... The second species is, facio, ut facias:
as when I agree with a man to do his work for him, if he will
do mine for me; or if two persons agree to marry together;
or to do any positive acts on both sides. Or, it may be to
forbear on one side in consideration of something done on
the other; as, that in consideration A, the tenant, will repair
his house, B, the landlord, will not sue him for waste." 2
William Blackstone, Commentaries on the Laws of England
444 (1766).
facsimile (fak-sim-<l-lee). (17c) 1. An exact copy. 2.
FAX.
facsimile signature. See SIGNATURE.
facsimile transmission.