A statute exempting a homestead from execution or judicial sale for debt, unless all owners, usu. a husband and wife, have jointly mortgaged the property or otherwise subjected it to creditors’ claims. — Also termed homestead exemption; homestead-exemption statute; homestead right. [Cases: Homestead 1, 118.]
A privilege, based on the constitutional doctrine of separation of powers, that exempts the executive branch of the federal government from usual disclosure requirements when the matter to be disclosed involves national security or foreign policy. Cf. executive immunity under IMMUNITY(1). [Cases: Witnesses 216. C.J.S. Witnesses §§ 361–364.]
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excusatio (ek-skyoo-zay-shee-oh), n. [Latin] Roman & civil law. An excuse or reason that exempts someone from some duty or obligation.
A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity. [Cases: Officers and Public Employees 114. C.J.S. Officers and Public Employees §§ 247–248, 251–258.]
ferdfare (f[schwa]rd-fair), n. [fr. Saxon fird “military service” + fare “a going”] Hist. 1. A summons to military service. 2. An exemption from military service. — Also spelled firdfare; fyrdfare.
A deviation that is not justified by circumstances. • An unreasonable deviation causes the carrier to lose the benefit of its usual limitations and exemptions under the Carriage of Goods by Sea Act.
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salary. An agreed compensation for services — esp. professional or semiprofessional services — usu. paid at regular intervals on a yearly basis, as distinguished from an hourly basis. • Salaried positions are usu. exempt from the requirements of the Fair Labor Standards Act (on overtime and the like) but are subject to state regulation. Cf.
expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600,
A deviation that is justified by circumstances. • If a deviation is reasonable, the carrier does not lose its usual limitations and exemptions under the Carriage of Goods by Sea Act.
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misericordia (miz-[schwa]-ri-kor-dee-[schwa]). [Law Latin] Hist. 1. Mercy. 2. An arbitrary fine as a punishment. 3. An exemption from a fine.