That which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, 3 Bl. Com. 367, or it is whatever is exhibited to a ...
The proof of facts which usually attend other facts sought to be, proved, that which is not direct evidence. For example, when a witness testifies tha...
That which, while uncontradicted, satisfies the judge and jury it is also that which cannot be contradicted. 2. The record of a court of common law ju...
That which applies immediately to the fadum probandum, without any intervening process, as, if A testifies he saw B inflict a mortal wound on C, of wh...
External evidence, or that which is not contained in the body of an agreement, contract, and the like. 2. It is a general rule that extrinsic evidence...
French law. The act by which a judge is deprived of the cognizance of a suit over which he had jurisdiction, for the purpose of conferring on other ju...
A toll paid for water passage. Cowell. The same as aquagium. (q. v.)...
This term is applied to such things as arise from a contract, as an action which arises ex contractu. Vide Action....
Those actions which arise in consequence of a crime, misdemeanor, fault, or tort, actions arising ex delicto are case, replevin, trespass, trover. See...
Out of fraud or deceit. When a cause of action arises from fraud or deceit, it cannot be supported: Ex dolo malo, non oritur actio....
In equity and good conscience. A man is bound to pay money which ex oequo et bono he holds for the use of another....
Mere motion of a partys own free will. To prevent injustice, the courts will, ex mero motu, make rules and orders which the parties would not strictly...
From the delay, from the default. All persons are bound to make amends for damages which arise from their own default....
From the necessity of law....
From the necessity of the thing. Many acts may be done ex necessitate ret, which would not be justifiable without it, and sometimes property is protec...
By virtue of his office. 2. Many powers are granted and exercised by public officers which are not expressly delegated. A judge, for example, may, ex ...
Of the one part. Many things may be done ex parte, when the opposite party has had notice, an affidavit or deposition is said to be taken ex parte whe...
contracts, crim. law. This is a technical expression, which signifies, that something has been done after another thing, in relation to the latter. 2....
By force of the term, as a bond ex vi termini imports a sealed instrument....
By or from the visitation of God. This phrase is frequently employed in inquisitions by the coroner, where it signifies that the death of the deceased...
From the time without premeditation....
torts. A willful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than what the law allows. ...
crim. law. By the common law no one is bound to accuse himself. Nemo tenetur prodere seipsum. In England, by the statutes of Philip and Mary, (1 & 2 P...
practice. The interrogation of a witness, in order to ascertain his knowledge as to the facts in dispute between parties. When the examination is made...
This phrase is applied to designate a paper which is a copy of a record, public book, or register, and which has been compared with the original. 1 Ca...
practice. Persons appointed to question students of law, in order to ascertain their qualifications before they are admitted to practice. Officers in ...
An example is a case put to illustrate a. principle. Examples illustrate, but do not restrain or change the laws: illustrant non restringunt legem. Co...
The name of an exchanger of lands, a broker. This term is now obsolete....
Exchange. (q. v.)...
civil law. The name of a plea by which the defendant alleges that the matter in dispute between the parties has been before adjudged. See Res judicata...
Eng. Eq. practice. Re-interrogation. 2 Benth. Ev. 208, n....
legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, o...
contracts. An exception is a clause in a deed,. by which the lessor excepts something out of that which he granted before by the deed. 2. To make a va...
practice, pleading. This term is used in the civil, nearly in the same sense that the word plea has in the common law. Merl. Repert. h. t., Ayl. Parer...
com. law. This word has several significations. 2. - 1. Exchange is a negotiation by which one person transfers to another funds which he has in a cer...
conveyancing. An exchange is a mutual grant of equal interests in land, the one in consideration of the other. 2 Bl. Com. 323, Litt. s. 62, Touchs. 28...
Eng. law. An ancient court of record set up by William the Conqueror. It is called exchequer from the chequered cloth, resembling a chesshoard, which ...
Eng. law. A court erected by statute 31 Ed. III. c. 12, to determine causes upon writs of error from the common law side of the court of exchequer. 3 ...
This word is used to signify an inland imposition, paid sometimes upon the consumption of the commodity, and frequently upon the retail sale. 1 Bl. Co...
rights. Debarring one from participating in a thing. An exclusive right or privilege, is one granted to a person to do a thing, and forbidding all oth...
computation of time. Shut out, not included. As when an act is to be done within a certain time, as ten days from a particular time, one day is to be ...
eccl. law. An ecclesiastical sentence, pronounced by a spiritual judge against a Christian man, by which he is excluded from the body of the church, a...
Eng. eccl. law. A writ issuing out of chancery, founded on a hishops certificate that the defendant had been excommunicated, which writ is returnable ...
crim. law. The killing of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may b...
A reason alleged for the doing or not doing a thing. This word presents two ideas differing essentially from each other. In one case an excuse may be ...
eccl. law. This is a Latin term, which is used to express the written permission which a hishop gives to an ecclesiastic to exercise the functions of ...
Something done, something completed. This word is frequently used in connexion with others to designate a quality of such other words, as an executed ...
These words occur in the stat. 13 Ed. I. cap. 45, in the following connexion: Et...precipiatur vice comiti quod scire faciat parti... quod sit ad cert...
contracts. The accomplishment of a thing, as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same....
crim. law. The putting a convict to death, agreeably to law, in pursuance of his sentence....
Legal Dictionary 
