The term “exceptio” is a legal term used to describe a defence or objection raised by a defendant in response to a claim made by the plaintiff. It is applicable in various legal contexts, including Roman and civil law. The purpose of the exceptio is to acknowledge the claim in principle but present facts or legal provisions that negate it in the specific instance. It can also serve as a defence against a claim that is rightfully brought but wrongly accuses the named defendant. There are several types of exceptio, such as exceptio dilatoria, exceptio doli mali, exceptio dominii, exceptio dotis cautae non numeratae, exceptio in factum, exceptio in personam, exceptio in rem, exceptio jurisjurandi, exceptio metus, exceptio non adimpleti contractus, exceptio non numeratae pecuniae, exceptio non solutae pecuniae, exceptio pacti conventi, exceptio pecuniae non numeratae, exceptio peremptoria, exceptio plurium concubentium, exceptio rei judicatae, exceptio rei venditae et traditae, exceptio senatusconsulti Macedoniani, exceptio senatusconsulti Velleiani, and exceptio temporis.
Exceptio (ek-sep-shee-oh) is a Latin term that refers to an exception, plea, or objection in Roman and civil law. It is a defendant’s plea admitting the claim in principle but alleging facts or legal provisions that negate it in this instance. It is also a defence to a claim that is justly brought but that unjustly accuses the particular defendant named. Examples of exceptio include dilatory exceptions that create a delay, defences based on fraud, and claims of ownership by the defendant in an action to recover property. In essence, exceptio is a legal term that encompasses various types of defences or objections that a defendant can use in a lawsuit, based on different legal principles.
An exception is a legal defence or argument that allows a party to be exempted from following a particular law or rule.
To use an exception in your legal case, you need to identify the specific exception that applies to your situation and present it as a defence or argument to counter the opposing party’s claims.
The success of an exception in a legal case depends on various factors, including the specific exception being used, the strength of the supporting evidence, and the judge’s interpretation of the law. It is not guaranteed that an exception will always be successful.
Yes, exceptions can be used in criminal cases as a defence strategy. For example, the defence may argue that the defendant’s actions were justified due to self-defence or duress, which are exceptions to the general prohibition on certain behaviors.
Yes, there are exceptions to the statute of limitations in certain circumstances. For example, if the plaintiff was a minor or mentally incapacitated at the time of the incident, the statute of limitations may be tolled or extended.
Yes, exceptions can be used to challenge a contract. For instance, if one party can prove that they entered into the contract under duress or fraud, they may be able to invoke an exception to invalidate the contract.
Yes, there are exceptions to copyright infringement, such as fair use. Fair use allows limited use of copyrighted material without permission from the copyright owner for purposes such as criticism, commentary, or education.
There are certain exceptions and deductions available in tax laws that can help reduce the amount of taxes owed. However, it is important to consult with a tax professional to ensure compliance with the specific tax regulations.
Yes, there are exceptions to the rule against hearsay in court. Some common exceptions include statements made for medical diagnosis, statements against interest, and statements made by a party’s co-conspirator.
Yes, exceptions can be used to challenge a will. For example, if it can be proven that the testator lacked testamentary capacity or was unduly influenced, an exception can be invoked to contest the validity of the will.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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