late 14th century, from the Anglo-French excepcioun, Old French excepcion, from the Latin exceptionem (nominative exceptio) “an exception, limitation, limitation; an objection”, name of the action of the STEM participle excipere “withdraw” (see exception). The exception that proves the rule is taken from the law: exceptio probat regulam in casibus non exceptis, “the exception proves the rule in cases that are not exempt”; The exception here is “the act of exempting someone or something from the rule in question,” not the person or thing that is exempt. The figure of speech in the exception is that of the excipere, which is used in Roman law, as a modern jurist would say. Practice. A formal objection to the court`s action at the hearing of a ground on which an application is rejected or an objection is rejected; This implies that, with the exception of the decision, the party does not agree with the court`s decision but will try to have it set aside and intends to save the benefit of its claim or objection in future proceedings. Spelling v. Yetter, 25 App.Div. 590, 49 N. Y.
Supp. 917; Menschen v. Torres, 38 Kal. 142; Norton v. Livingston, 14 S.C. 178; Kline v. Wynnes 10 Ohio St. 22p.
It is also used to designate other objections in the context of a legal action; For example, the exception to bail is a formal objection that the special bond offered by the accused is sufficient. 1 Tidd, Pr. 255.An exception is an appeal in cassation against a decision taken before or after the judgement by a court, tribunal, judge or other bailiff in an action or proceeding. The exception must be made at the time of the decision. Code Civ.Proc. Cal. 5 640.In Practice of Admiralty and Equity. An exception is a party`s formal assertion that a prior pleading or proceeding of the opposing party is inadequate, according to Peck v.
Osteen, 37 Fla. 427, 20South. 549; Arnold v. Schlachtung, 36 W. Va. 5S9, 15 S. E. 250.In Law. An exception in a statute is a clause intended to reserve or exempt certain persons from the general group of persons or things to whom the wording of the statute is generally related. An exception differs from a declaration which, through the use of a videlicet, a reservation, etc., is authorized only to explain dubious suspensive clauses. or to separate and distribute the generals in detail.
Cutler v. Tufts. 3 I am sick. (Mass.) 272.In contracts. A clause in a document or other assignment by which the grantor excludes something that the grantor has previously granted by the grantor. Morrison v. Bank, 88 Me.155, 33 Atl. 7S2; Gould v. Glas, 19 Barb. (N.Y.) 192; Coal Creek Min.
Co. v. Heck, 83Tenn. 497; Winston v. Johnson, 42 min. 39p., 45 n.w. 958; Bryan v. Bradley, 16Conn. 482; Reich v. Zeilsdorff, 22 Wis.
547, 99 Am. Head. 81.La difference between an exception and a reservation is that an exception is always part of the thing granted and of an object contained therein; A storeroom is always a thing that is not in Esse, but newly created or reserved from the land or dwelling-house demised.Co. Litt 47a; 4 Kent, comm. 408. It has also been said that there is a difference between an exception and a savings, because an exception is clearly excluded, but an economy goes to the issues affected and not to the exception. Ploughed. 301.In civil law. An exception or objection. Used in this sense in Louisiana. Derogatory exceptions are suspensive exceptions which merely deny the jurisdiction of the judge hearing the action. Code Proc.
La. 334. Hesitant exceptions are those which do not tend to derail the action, but only to delay its progress. Mandatory exceptions are those that result in the dismissal of the action. Are you a lawyer? Visit our professional website » At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. EC internal market, free movement of goods, free movement of persons, free movement of persons, free movement of persons, free movement of persons, free movement of persons, free movement of The exceptions are rules that limit the scope of other, more general rules and make them fair and reasonable, which would be unfair and inappropriate because of their generality.
For example, it is generally a rule that competent parties may conclude contracts; The rule that they cannot violate fairness or contra bonos morality is the exception. EXCEPTION, practice, advocacy. This term is used in civil life, almost in the same sense as the word plea in common law. Merl. Repert. H.T.; Ayl. Parerg. 251. 2. In law firm practice, this is a party`s written assertion that a plea or proceeding in a case is inadequate. 1 Harr.
Cpl. Pr. 228. 3. Exceptions are dilatory or peremptory. Bract. free. 5, Tr. 5; Britton, c. 91, 92; 1 Lilly`s ab. 559. Hesitant exceptions are those which do not tend to hinder action, but only to delay its progress.
Poth. Proc. civ. lot 1, c. 2, p. 2, art. 1; Code of Practice. by Lo. 332 The degressive exceptions have this effect, as does the exception of discussion rejected by a third party owner or by a guarantor in a mortgage action, or the exception taken to involve the guarantor. Id.; 7 n. p.
282; 1 R. L. 38, 420. Those exceptions must, as a general rule, be invoked before joining the in limine litis dispute. Code civ. by Lo. 2260; 1 N. p.
703; 2 N. p. 389; 4 R. S. 104; 10 R. L. 546. A declining objection is a type of objection of delay that merely denies the jurisdiction of the judge hearing the action. Code of Pr. von L. 334. 4.
Mandatory exceptions are those which lead to the dismissal of the action. Some refer to forms, others result from the law. Those who refer to forms tend to dismiss the action because of certain nullities in the procedure. These must be affirmed in limine litis. Mandatory statutory exceptions are those that, without going into substance, show that the plaintiff cannot pursue his claim, either because it is time-barred or because the cause of action has been destroyed or extinguished. These may be invoked at any time before a final judgment is rendered. 343 and 346; Poth. Proc. Civ. part 1, c. 2, s.
1, 2, 3. These are called Fins de in French law. not receiving. (S. A.) 5. An exception also includes an objection raised against a judge`s decision during a trial. See the emergency bill. Abogado.com The #1 Spanish Legal Website for Consumers These sample phrases are automatically selected from various online information sources to reflect the current use of the word “exception.” The views expressed in the examples do not represent the views of Merriam-Webster or its editors.