Legal Definition and Related Resources of Exception

Act of excepting or excluding from a number designated or from a description; that which is separated from others in a general rule or description; a person , thing or case specified as distinct or not included.

(Lat. excipere; ex, out of, capere, to take). In Contracts. A clause in a deed by which the lessor excepts something out of that which he granted before by the deed. The exclusion of something from the effect or operation of the deed or contract which would otherwise be included. An exception differs from a reservation, the former being always of part of the thing granted, the latter of a thing not in esse, but newly created or reserved; the exception is of the whole of the part excepted; the reservation may be of a right or interest in the particular part affected by the reservation. See 5 R. I. 419; 41 Me. 177; 42 Me. 9; 42 Minn. 401; 142 N. Y. 561; 131 111. 490. An exception differs, also, from an explanation, which, by the use of a videlieet, proviso, etc., is allowed only to explain doubtful clauses precedent, or to separate and distribute generals into particulars. 3 Pick. (Mass.) 272. It differs also from a proviso, in that an exception is absolute, while a proviso is conditional. 53 Barb, (N. Y.) 522. To make a valid exception, these things must concur: First, the exception must be by apt words, as, “saving and excepting,” etc. See 30 Vt. 242; 5 R. I. 419; 41 Me. 177. Second, it must be of part of the thing previously described, and not of some other thing. Third, it must be of part of the thing only, and not of all, the greater part, or the effect of the thing granted. 11 Md. 339; 23 Vt. 395; 10 Mo. 426. An exception, therefore, in a lease which extends to the whole thing demised is void. Fourth, it must be of such thing as is severable from the demised premises, and not of an inseparable incident. 33 Pa. St. 251. Fifth, it must be of such a thing as he that excepts may have, and which properly belongs to him. Sixth, it must be of a particular thing out of a general, and not of a particular thing out of a particular thing. Seventh, it must be particularly described and set forth. A lease of a tract of land except one acre would be void, because that acre was not particularly described. Woodf. Landl. & Ten. 10; Co. Litt. 47a; 12 Me. 337; Wright (Ohio) 711; 3 Johns. (N. Y.) 375; 5 N. Y, 33; 8 Conn. 369; 6 Pick. (Mass.) 499; 6 N. H. 421; 4 Strobh. (S. C.) 208; 2 Tayl. (N. C.) 173. Exceptions against common right and general rules are construed as strictly as possible. 1 Bart. Conv. 68; 5 Jones (N. C.) 63. In Equity Practice. The allegation of a party, in writing, that some pleading or proceeding in a cause is insufficient. In Civil Law. A plea. Merlin, Repert. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. Code Proc. La. 334. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Peremptory exceptions are those which tend to the dismissal of the action. In Practice. The word “exceptions” has been given divers meanings in different jurisdictions. The most common is an objection formerly taken to a ruling made at the trial. “Exception” is sometimes used for “bill of exceptions.” In Texas, an exception is a demurrer to a pleading; the term as so used being probably a relic of the civil law. See 85 Tex. 575.

(Exclusion), noun

• apartness
• breach of practice
• contrariety
• defiance of custom
• departure from usual
• detachment
• deviation
• disconformity
• disruption
• exceptio
• exemption
• expulsion
• inconsistency
• infraction of rule
• irregularity
• nonconformity
• noninclusion
• nonuniformity
• oddity
• omission
• preclusion
• rarity
• removal
• segregation
• separation
• severance
• special case
• subtraction
• unconformity
• unconventionality
• withdrawal Associated Concepts: exception in a deed
• proviso
• reservation
• statutory exception

(Objection), noun

• adverse criticism
• challenge
• charge
• clamor
• complaint
• contradiction
• contravention
• criticism
• demurrer
• disapprobation
• disapproval
• discommendation
• discontent
• dislike
• disparagement
• displeasure
• dispraise
• dispute
• dissatisfaction
• dissent
• grievance
• improbation
• impugnadon
• lack of agreement
• lack of conformity
• nonagreement
• nonapproval
• offense
• opposition
• outcry
• protest
• protest against a ruling
• protestation
• rebuke
• rejection
• remonstrance Associated Concepts: bill of exceptions
• formal objection
• general exception
• peremptory exception
• special exceptionforeign phrases: Exceptiofirmat regulam in contrarium
• An exception affirms the rule to be the contrary
• Omnis regula suaspatitur exceptiones
• Every rule is subject to its own exception
• Exceptio semper ultimaponenda est
• An exception is always to be placed last
• Exceptio quoque regulam declarat
• An exception also declares the rule
• Exceptio quae firmat legem
• exponit legem
• An exception which confirms the law expounds the law
• Omnis exceptio est ipsa quoque regula
• Every exception is itself also a rule
• Ubi quid generaliter conceditur
• inest haec exceptio
• si non aliquid sit contra jus fasque
• Where anything is granted generally
• this exception is implied: that nothing shall be contrary to law and right
• Exceptio firmat regulam in casibus non exceptis
• An exception confirms the rule in cases not excepted
• Exceptio probat regulam de rebus non exceptis
• The exception proves the rule concerning things not excepted

Browse or run a search for Exception in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Exception in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Exception in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Exception in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Challenge, Civil Servant, Co-conspirator’s Exception, Exoneration, Homage, Immuni
ty, Inherent Vice, Interest, Opinion Evidence, Queen’s Bench, Reservation, Spontaneous.

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This definition of Exception is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Concept of Exception in the context of Real Property

Alternatives definitions of Exception: (1) Specific items set forth in an insurance policy which are not covered by said policy. (2) Any item specifically excluded.

Concept of Exception in the context of Real Property

Alternatives definitions of Exception: (1) Specific items set forth in an insurance policy which are not covered by said policy. (2) Any item specifically excluded.

Grammar

This term is a noun.

Etimology of Exception

(You may find exception at the world legal encyclopedia and the etimology of more terms).

late 14c., from Anglo-French excepcioun, Old French excepcion, from Latin exceptionem (nominative exceptio) “an exception, restriction, limitation; an objection,” noun of action from past participle stem of excipere “to take out” (see except). The exception that proves the rule is from law: exceptio probat regulam in casibus non exceptis, “the exception proves the rule in cases not excepted;” exception here being “action of excepting” someone or something from the rule in question, not the person or thing that is excepted. The figure of speech in to take exception is from excipere being used in Roman law as a modern attorney would say objection.

Exception

Exception

Exception