Evidence that is exempt from production to an opposing party or tribunal (with certain limited exceptions) because it is covered by one or more statutory or common-law protections, such as the attorney–client privilege. See privileged communication under COMMUNICATION. [Cases: Witnesses 184–223. C.J.S. Witnesses §§ 297–389.]
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grandfather clause. 1. Hist. A clause in the constitutions of some Southern states exempting from suffrage re-strictions the descendants of men who voted before the Civil War. 2. A provision that creates an exemption from the law’s effect for something that existed before the law’s effective date; specif., a statutory or regulatory clause that exempts
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legit vel non?(lee-jit vel non). [Latin] Eccles. law. Does he read or not? • This was the formal question propounded by a secular court to an ordinary (an ecclesiastical official) when an accused person claimed exemption from the court’s jurisdiction by benefit of clergy. If the ordinary found that the accused was entitled to exemption,
exception clause. A clause that attempts to modify or exclude the prima facie obligations that arise when a document is signed. Cf. EXEMPTION CLAUSE.
abstract of judgment. A copy or summary of a judgment that, when filed with the appropriate public office, creates a lien on the judgment debtor’s nonexempt property. See judgment lien under LIEN. [Cases: Judgment 768(1).C.J.S. Judgments §§ 559–561, 568.]
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legal-advice exception. 1. The rule that an attorney may withhold as privileged the client’s identity and information regarding fees, if there is a strong probability that disclosing the information would implicate the client in the criminal activity for which the attorney was consulted. [Cases: Witnesses 201(1). C.J.S. Witnesses §§ 329–330, 332–335, 337–340.] 2. An exemption
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exculpatory clause. A contractual provision relieving a party from liability resulting from a negligent or wrongful act. • A will or a trust may contain an exculpatory clause purporting to immunize a fiduciary from a breach of duty; the clause may reduce the degree of care and prudence required of the fiduciary. But courts generally
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Jason clause. Maritime law. A bill-of-lading clause requiring contribution in general average even when the peril that justified the sacrifice was the result of the carrier’s negligence, for which the carrier is otherwise exempt from liability by statute. • The clause is named after the Supreme Court case that upheld its enforceability, The Jason, 225
dependent, n. 1. One who relies on another for support; one not able to exist or sustain oneself without the power or aid of someone else. lawful dependent. 1. One who receives an allowance or benefits from the public, such as social security. [Cases: Social Security and Public Welfare 4.10. C.J.S. Social Security and Public
Webb–Pomerene Act. A federal law, originally enacted in 1918, that provides a qualified exemption for an export business against the prohibitions of the antitrust laws.15 USCA §§ 61 et seq. “The Webb–Pomerene Act was passed to aid and encourage our manufacturers and producers to extend our foreign trade. Congress believed that American firms needed the