exception

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Exception

The act of excepting or excluding from a number designated or from a description; that which is excepted or separated from others in a general rule or description; a person, thing, or case specified as distinct or not included; an act of excepting, omitting from mention, or leaving out of consideration. Express exclusion of something from operation of contract or deed. An exception operates to take something out of a thing granted that would otherwise pass or be included.

Objection to an order or ruling of a trial court. A formal objection to the action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court, but will seek to procure its reversal, and that he or she means to save the benefit of his or her request or objection in some future proceeding. Under rules practiced in the federal and most state courts, the need for claiming an exception to evidence or to a ruling to preserve appellate rights has been eliminated in favor of an objection.

exception

n. 1) a formal objection during trial ("We take exception, or simply, "exception")" to the ruling of a judge on any matter, including rulings on objections to evidence, to show to a higher court that the lawyer did not agree with the ruling. In modern practice, it is not necessary "to take exception" to a judge's adverse ruling, since it is now assumed that the attorney against whom the ruling is made objects. This also keeps the transcribed record from being cluttered with shouts of "exception." 2) in contracts, statutes or deeds, a statement that some matter is not included. (See: exception in deed)

exception

(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, oddity, omission, preclusion, rarity, removal, separation, severance, special case, subtraction, unconventionality, withdrawal
Associated concepts: exception in a deed, proviso, statutory exception

exception

(Objection), noun adverse criticism, challenge, charge, clamor, complaint, contradiction, criticism, demurrer, disapprobation, disapproval, discommendation, discontent, dislike, disparagement, dispraise, dispute, dissatisfaction, dissent, improbation, impugnation, lack of agreement, lack of conformity, nonagreement, nonapproval, offense, opposition, outcry, protest, protest against a ruling, rebuke, rejection, remonstrance
Associated concepts: bill of exceptions, formal objection, general exception, peremptory exception, special exxeption
Foreign phrases: Exceptio firmat regulam in contrarium.An exception affirms the rule to be the contrary. Omnis regula suas patitur exceptiones. Every rule is subject to its own exception. Exceptio semper ultima ponenda 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 exceppio est ipsa quoque regula. Every exception is itself also a rule. Ubi quid generaliter conceditur, inest haec exceppio, si non aliquid sit contra jus fasque. Where anythingis 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.
See also: clause, condition, criticism, demurrer, disagreement, disapproval, discharge, disparagement, dispensation, exemption, extenuating circumstances, immunity, irregularity, license, loophole, modification, nonconformity, objection, phenomenon, qualification, quirk, remonstrance, removal, reprimand, reservation, salvo, stricture, variance

EXCEPTION, Eng. Eq. practice. Re-interrogation. 2 Benth. Ev. 208, n.

EXCEPTION, legislation, construction. Exceptions are rules which limit the extent of other more general rules, and render that just and proper, which would be, on account of its generality, unjust and improper. For example, it is a general rule that parties competent may make contracts; the rule that they shall not make any contrary to equity, or contra bonos mores, is the exception.

EXCEPTION, 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 valid exception, these things must concur: 1. The exception must be by apt words; as, saving and excepting, &c. 2. It must be of part of the thing previously described, and not of some other thing. 3. It must be part of the thing only, and not of all, the greater part, or the effect of the thing granted; an exception, therefore, in a lease, which extends to the whole thing demised, is void. 4. It must be of such thing as is severable from the demised premises, and hot of an inseparable incident. 5. It must be of a thing as he that accepts may have, and which properly belongs to him. 6. It must be of a particular thing out of a general, and not of a particular thing out of a particular thing. 7. 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. and Ten. 10; Co. Litt. 47 a; Touchs. 77; 1 Shepl. R. 337; Wright's R. 711; 3 John. R., 375 8 Conn. R. 369; 6 Pick. R. 499; 6 N. H. Rep. 421. Exceptions against common right and general rules are construed as strictly as possible. 1 Barton's Elem. Conv. 68.
     3. An exception differs from a reservation; the former is always a part of the thing granted; the latter is of a thing not in esse but newly created or reserved. An exception differs also from an explanation, which by the use of a videlicet, proviso, &c., is allowed only to explain doubtful clauses precedent, or to separate and distribute generals, into particulars. 3 Pick. R. 272.

EXCEPTION, 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. Parerg. 251.
     2. In chancery practice, it is the allegation of a party in writing, that some pleading or proceeding in a cause is insufficient. 1 Harr. Ch. Pr. 228.
     3. Exceptions are dilatory or peremptory. Bract. lib. 5, tr. 5; Britton, cap. 91, 92; 1 Lilly's Ab. 559. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Poth. Proc. civ. partie 1, c. 2, s. 2, art. 1; Code of Pract. of Lo. art. 332. Declinatory exceptions have this effect, as well as the exception of discussion opposed by a third possessor, or by a surety in an hypothecary action, or the exception taken in order to call in the warrantor. Id.; 7 N. S. 282; 1 L. R. 38, 420. These exceptions must, in general, be pleaded in limine litis before issue joined. Civ. Code of Lo. 2260; 1 N. S. 703; 2 N. S. 389; 4 L. R. 104; 10 L. R. 546. A declinatory exception is a species of dilatory exception, which merely declines the jurisdiction of the judge before whom the action is brought. Code of Pr. of L. 334.
     4. Peremptory exceptions are those which tend to the dismissal of the action. Some relate to forms, others arise from the law. Those which relate to forms, tend to have the cause dismissed, owing to some nullities in the proceedings. These must be pleaded in limine litis. Peremptory exceptions founded on law, are those which, without going into the merits of the cause, show that the plaintiff cannot maintain his action, either because it is prescribed, or because the cause of action has been destroyed or extinguished. These may be pleaded at any time previous to definitive judgment. Id. art. 343, 346; Poth. Proc. Civ. partie 1, c. 2, s. 1, 2, 3. These, in the French law, are called Fins de. non recevoir. (q.v.)
     5. By exception is also meant the objection which is made to the decision of a judge in the course of a trial. See Bill of Exception.

References in classic literature ?
I was informed, later, by a higher authority, that there was an "exception" which permits one to say "wegen DEN Regen" in certain peculiar and complex circumstances, but that this exception is not extended to anything BUT rain.
The Beast People by that time had, with one or two exceptions, left the ravine and made themselves lairs according to their taste among the thickets of the island.
I am not at all sure that the majority of the human race have not been ugly, and even among those "lords of their kind," the British, squat figures, ill-shapen nostrils, and dingy complexions are not startling exceptions.
In dress all were nearly similar, and in manners there was small difference; exceptions there were to the general rule, but the majority gave the tone to the establishment, and that tone was rough, boisterous, masked by a point-blank disregard of all forbearance towards each other or their teachers; an eager pursuit by each individual of her own interest and convenience; and a coarse indifference to the interest and convenience of every one else.
In like manner, with respect to boys who are not yet enrolled, or old men who are past war, we admit that they are in some respects citizens, but not completely so, but with some exceptions, for these are not yet arrived to years of maturity, and those are past service; nor is there any difference between them.
With few exceptions, I found that the crops were mortgaged in the counties where I went, and that the most of the coloured farmers were in debt.
With certain exceptions (so rare as to prove the rule), there were no young girls at Lady Janet's ball.
I cannot here enter on the copious details which I have collected on this curious subject; but to show how singular the laws are which determine the reproduction of animals under confinement, I may just mention that carnivorous animals, even from the tropics, breed in this country pretty freely under confinement, with the exception of the plantigrades or bear family; whereas, carnivorous birds, with the rarest exceptions, hardly ever lay fertile eggs.
This therefore would seem an exception to the above rule, if indeed it was a rule; but as we have in our voyage through life seen so many other exceptions to it, we chuse to dispute the doctrine on which it is founded, which we don't apprehend to be Christian, which we are convinced is not true, and which is indeed destructive of one of the noblest arguments that reason alone can furnish for the belief of immortality.
Three of the villagers did certainly assure us that they had seen the woman, but as they were quite unable to describe her, and quite incapable of agreeing about the exact direction in which she was proceeding when they last saw her, these three bright exceptions to the general rule of total ignorance afforded no more real assistance to us than the mass of their unhelpful and unobservant neighbours.
Therefore you might perfectly have made the claim for him if you had not, as it happened, seen an exception to take.
The grasp included the whole correspondence, with one exception -- that exception being a final report from the civil engineer, which notified the termination of the connection between his pupil and himself, and the immediate return of Frank to his father's house.